[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 I

                               __________

                              R E P O R T


                            SUBMITTED TO THE

                     COMMITTEE ON FOREIGN RELATIONS

                              U.S. SENATE

                                AND THE

                  COMMITTEE ON INTERNATIONAL RELATIONS

                     U.S. HOUSE OF REPRESENTATIVES

                                 BY THE

                          DEPARTMENT OF STATE


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

                                     











                         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.


                         U.S. GOVERNMENT PRINTING OFFICE

99-700 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. 


                                 AFRICA

                              ----------                              


                                 ANGOLA

    Angola is a constitutional republic in transition after its 27-year 
civil war ended in 2002. Legislation provides for decentralization; 
however, the Government remained highly centralized and dominated by 
the Presidency. The Popular Movement for the Liberation of Angola 
(MPLA) has ruled the country since its independence from Portugal in 
1975. President Jose Eduardo dos Santos of the MPLA, who assumed power 
in 1979, won 49 percent of the votes cast in a 1992 election that U.N. 
observers considered generally free and fair. The Government of 
National Reconciliation was formed in 1997 after the National Union for 
the Total Independence of Angola (UNITA) and 10 smaller opposition 
parties joined the ruling MPLA. The National Assembly was weak; while 
opposition deputies held approximately 43 percent of National Assembly 
seats, few mechanisms exist to check the power of the MPLA majority or 
defeat legislation supported by the executive branch. The judiciary was 
subject to executive influence, functioned poorly at the provincial and 
municipal levels and did not always ensure due process.
    The Ministry of Interior, through the Angolan National Police 
(ANP), is responsible for internal security. The internal intelligence 
service is directly answerable to the Office of the Presidency. The 
Armed Forces of Angola (FAA) is responsible for external security but 
also has domestic responsibilities; the FAA conducted counterinsurgency 
operations against the Front for the Liberation of the Enclave of 
Cabinda-Armed Forces of Cabinda (FLEC-FAC). The civilian authorities 
maintained effective control of the security forces. Members of the 
security forces committed human rights abuses.
    The mixed economy, dominated by oil, grew by over 10 percent during 
the year; however, most of the country's wealth remained concentrated 
in a few hands. Although commercial and agricultural activity in urban 
and rural areas increased since the end of the war, 70 percent of the 
population of approximately 13 million continued to live in poverty. 
Approximately 85 percent of the population residing outside of Luanda 
were employed in agriculture, mostly at a subsistence level. 
Corruption, nontransparent contracting practices, and unfair 
enforcement of regulatory and tax regimes favored the wealthy and 
politically influential. Poor governance continued to limit the 
provision of basic services to most citizens. Although conditions 
improved in many parts of the country, the U.N. Office for the 
Coordination of Humanitarian Assistance (OCHA) estimated that 1.1 
million citizens were still at risk of food insecurity, with 500,000 
needing immediate food assistance.
    The Government's human rights record remained poor; although there 
were improvements in a few areas, serious problems remained. The right 
of citizens to change their government remained restricted due to the 
postponement of elections. Members of the security forces committed 
unlawful killings, were responsible for disappearances, tortured, beat, 
raped, and otherwise abused persons. Impunity remained a problem. 
Prison conditions were harsh and life-threatening. The Government 
continued to use arbitrary arrest and detention, and lengthy pretrial 
detention was a problem. The Government infringed on citizens' privacy 
rights. The Government at times restricted freedom of speech and of the 
press, and harassed, beat, and detained journalists. The Government at 
times restricted freedom of assembly. Unlike in previous years, there 
were no reports that internally displaced persons (IDPs) were displaced 
by conflict; however, there were unconfirmed reports that refugees were 
included in the expulsions carried out during Operacao Brilhante. The 
Government began implementing a law that could increase restrictions on 
nongovernmental organizations (NGOs). Violence and discrimination 
against women, as well as adult and child prostitution, was common. 
Children and persons with disabilities continued to suffer as a result 
of poor economic conditions and limited protections against 
discrimination. Indigenous people suffered from discrimination and 
economic exploitation. There were reports of trafficking in persons. 
The Government continued to dominate much of the labor movement and did 
not always respect worker rights. 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 
political killings by the Government or its agents; however, security 
forces killed an unknown number of persons. Local human rights 
organizations reported that police and, increasingly, members of the 
Civil Defense Organization (ODC) were the primary human rights abusers 
and responsible for most unlawful killings (see Section 1.c.). Impunity 
remained a serious problem.
    There were reports that military forces in Cabinda, including 
insurgency forces, executed civilians. The Human Rights Report on 
Cabinda, published by the civic association Mpalabanda, alleged that 
there were 19 civilians killed by military forces from September 2003 
to December.
    Clashes between Government troops and the FLEC-FAC in Cabinda 
continued. Reports of civilians killed occurred throughout the year. 
The failure of the Government to provide adequate protection for 
civilians contributed to the number of civilian casualties. In January, 
two civilians died in Mikuma, Cabinda in fighting between the FLEC and 
the FAA. In a reprisal attack, an army special forces unit killed four 
men in Kaiu. On April 24, an unidentified armed group believed to be 
guerillas attacked Massabi, Cabinda, killing 6 and injuring 10 others. 
FLEC-FAC forces reportedly tortured and killed at least one civilian.
    There were no further developments in the May 2003 case in which 
FLEC guerillas executed a person for collaborating with the Government.
    Police resorted regularly to unlawful killings, especially of known 
criminal gang members, as an alternative to relying on the country's 
ineffective judicial system.
    Several persons died during an operation to expel illegal migrant 
workers from the country (see Section 1.c.). Police also killed several 
street vendors during riots following efforts to clear former market 
sites (see Section 2.b.).
    Police and the military killed civilians during protest 
demonstrations (see Section 2.b.).
    In July, the Government charged eight members of the Presidential 
Guard (UGP) for the November 2003 detention, torture, and drowning 
death of a car washer heard singing lyrics critical of the Government. 
All eight were acquitted in November.
    There were no further developments in the April 2003 police 
shooting of a child in Boa Vista or the alleged killings by police 
reported in August 2003.
    Prisoners died in official custody (see Section 1.c.).
    Eight provinces, encompassing approximately 50 percent of the 
country, contained areas that were heavily mined. The U.N. Development 
Program (UNDP) estimated that there were 2 million unexploded munitions 
in the country; however, international NGOs conducting landmine 
clearance operations in the country estimated the number of landmines 
at 500,000. According to the Angolan Commission for Demining and 
Humanitarian Assistance, 73 persons were killed and 114 injured as a 
result of 86 mine-related incidents during the year. There were more 
than 80,000 landmine victims with injury-related disabilities.
    On July 2, three unidentified men shot Mfulumpinga Landu Victor, 
leader of the Democratic Party for Congress (PDP-ANA), as he entered 
his car not far from his party's office. The Government and police 
considered the killing a botched carjacking. Some political opposition 
parties believed the crime to be politically motivated. Police launched 
an investigation and at year's end one of two suspects remained in 
custody. The other suspect was released due to lack of evidence.
    On November 11, Vincente Tembo, a UNITA deputy, was shot but not 
killed in a suburb of Luanda. Opposition groups claimed the shooting 
was politically motivated; however, the police denied this claim. An 
investigation was underway at year's end.

    b. Disappearance.--Persons taken into police custody reportedly 
disappeared in some cases, particularly in rural areas. Local human 
rights organizations in Cabinda reported several disappearances of 
persons detained by government forces during the year for alleged ties 
to FLEC insurgents.
    In March, UNITA reported the disappearances of a municipal UNITA 
secretary and a member of the UNITA youth wing (JURA) in Benguela. 
These individuals were not found, and the MPLA denied any involvement 
in this disappearance.
    There were no developments in the July 2003 disappearance of two 
young farmers in Huambo.
    There were no further developments in the 2002 reported 
disappearances.

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The Constitution and the Penal Code prohibit all forms of 
mistreatment of suspects, detainees, or prisoners; however, security 
forces tortured, beat, raped, and otherwise abused persons. Local and 
international human rights organizations reported that these abuses 
were widespread. Government spokespersons acknowledged problems, 
ascribing them to poor training and individual misdoings.
    FAA personnel were responsible for torture and other forms of cruel 
and degrading treatment, including rape, in Cabinda during the year. 
The Human Rights Report of Cabinda, published by the Cabinda civic 
association Mpalabanda, reported 50 cases of torture or cruel and 
degrading treatment during the year. Police were frequently accused of 
using torture and coerced confessions during investigations and often 
beat and released suspects in lieu of trials. Persons suspected of ties 
to FLEC were allegedly subjected to brutal forms of interrogation. 
During the year, a visit by the U.N. Special Representative for Human 
Rights Defenders, Hina Jilani, and a report by Human Rights Watch (HRW) 
brought further attention to the problems in Cabinda. The large number 
of FAA troops deployed within the Cabindan population was identified as 
a major contributor to the human rights abuses.
    In an attempt to curb illegal diamond mining, the Government 
targeted and expelled over 120,000 Congolese and West African migrant 
miners. This operation, code named ``Operacao Brilhante,'' involved 
members of the FAA, National Police, and Ministry of Interior 
Immigration officials. Security forces detained, beat, raped, performed 
invasive body cavity searches, and shot migrant diamond workers as part 
of this operation. At least two persons drowned when forced to cross 
the river separating the country from the Democratic Republic of the 
Congo (DRC). Prior to expulsion, many were held for a few days in 
transit camps that lacked sufficient water, sanitation, and shelter. 
Lack of transport forced many to cover the last 40 miles of the journey 
to the border on foot. In July, the operation resumed after a 45-day 
suspension, as did reports of human rights abuses. The FAA and National 
Police reportedly changed their methods, and expulsions became more 
humane following a public announcement in September of condemnation by 
Agostinho Fernando Nelumba, Chief of Staff of the FAA. Nevertheless, 
problems remained, as evidenced by the December 6 prison deaths, and 
the operation continued at year's end.
    Police participated in acts of intimidation, robbery, harassment, 
and killings (see Sections 1.a. and 1.f.). Authorities forcibly moved 
and injured vendors in various Luanda markets as part of a campaign to 
clean up the streets and improve traffic circulation (see Section 
2.b.).
    During the year, police beat journalists (see Section 2.a.).
    Police injured and killed persons while forcibly dispersing 
demonstrations (see Section 2.b.).
    Government authorities harassed opposition party members (see 
Section 3).
    Police harassed NGO workers during the year, extorted money from 
travelers, and harassed and abused refugees (see Sections 2.d. and 4).
    There were no developments in the 2003 and 2002 cases of police 
torture and other cruel, inhuman, or degrading treatment by security 
forces.
    There were also reports that police assaulted prostitutes during 
the year (see Section 5).
    Landmines continued to result in injuries (see Section 1.a.).
    The press reported that FLEC-FAC forces continued to torture and 
kill civilians in Cabinda.
    Between July 17 and 21, a mob burned and looted 80 homes of known 
or supposed UNITA supporters in Cazombo, Moxico, to protest the 
appointment of a former UNITA general to the new UNITA office. During 
the war, the general had ordered the destruction of the locality's 
bridge over the Zambezim River. Authorities arrested one traditional 
leader for instigating the violence.
    Prison conditions were harsh and life-threatening. During the year, 
human rights activists reported that prison officials routinely beat 
and tortured detainees. The national prison system continued to hold 
approximately five times the number of prisoners for which it was 
designed. Overcrowding in Luanda prisons diminished after the 
completion in November of the rehabilitation and expansion of the Viana 
prison; however, local human rights organizations reported that 
conditions were considerably worse outside the Luanda prison system. In 
Bengo, Malange, and Lunda Norte Provinces, warehouses were used as 
prison facilities during the year. In Huila Province, the provincial 
penitentiary held 350 prisoners in a facility designed for 150.
    On December 6, local media reported that between 8 to 16 prisoners 
died due to asphyxiation in an overcrowded police station cell in 
Mussendi, Lunda-Norte. The detainees, some of whom were from the DRC, 
were being held as part of Operacao Brilhante. In protests following 
these deaths, police reportedly killed two individuals (see Section 
2.b.). The National Police Commander publicly admitted wrongdoing, 
ordered the arrest of the local commander and several officers, and 
stated that an investigation was underway.
    Many prisons, lacking adequate financial support from the 
Government, were unable to supply prisoners with basic sanitary 
facilities, adequate food, and health care. Prisoners depended on 
families, friends, or international relief organizations for basic 
support. There were reports that prisoners died of malnutrition and 
disease. For example, in the Condeueji prison in Luanda Norte, 
independent media reported that six inmates died between June 1 and 3 
due to inadequate food and water, harsh conditions, and lack of medical 
treatment.
    Prison officials, who were chronically underpaid, supported 
themselves by stealing from their prisoners and extorting money from 
family members. For example, prison guards continued to demand that 
prisoners pay for weekend passes to which they were entitled. There 
were reports of prison officials operating an informal bail system, 
releasing prisoners until their trial date for fees ranging from $300 
to $1,500 (25,000 to 127,500 kwanza).
    Female prisoners were held separately from male prisoners; however, 
there were reports that prison guards sexually abused female prisoners. 
Juveniles, often incarcerated for petty theft, were housed with adults 
and suffered abuse by guards and inmates. Pretrial detainees frequently 
were housed directly with sentenced inmates, and prisoners serving 
short-term sentences often were held with inmates serving long-term or 
life sentences for violent crimes.
    The Government permitted foreign diplomatic personnel and local and 
international human rights observers to visit prisons during the year; 
however, NGO officials were denied access or given limited access to 
prisons in the provinces. Government authorities refused access to 
protesters detained following the April demonstration in Canfunfo (see 
Section 2.b.). The Government did not consistently report the arrest of 
foreign nationals to the appropriate consular authorities.

    d. Arbitrary Arrest or Detention.--The law prohibits arbitrary 
arrest and detention; however, security forces did not always respect 
these provisions in practice. Persons were often denied due process. 
The National Police were the primary source of abuses during the year; 
however, reports of arbitrary detentions by the FAA continued in 
Cabinda. For example, in March, Cabindan authorities reportedly 
detained a man for having downloaded FLEC information from the 
Internet.
    The National Police are under the Ministry of the Interior and are 
responsible for internal security and law enforcement. Other than those 
personnel assigned to elite units, police were poorly paid, and the 
practice of supplementing their income through extortion from the 
civilian population was widespread. Impunity remained a serious 
problem. The complaints office at the headquarters for the National 
Police received an average of 10 complaints from citizens a day 
regarding police misconduct. There were reports that police members 
were sanctioned internally and even removed from their positions for 
alleged violations. Most complaints were handled within the National 
Police via internal disciplinary procedures; however, on December 19 a 
member of the Luanda police was sentenced to 18 years' imprisonment for 
his involvement in the killing of a civilian in March, during an 
attempt to extort money from 3 individuals.
    During the year, NGOs provided human rights and professional 
training to police and military. Police also participated in 
professional training with foreign law enforcement officials from 
several countries in the region.
    Under the law, a person caught in the act of committing a crime may 
be arrested and detained immediately. Otherwise, the law requires that 
a judge or a provincial magistrate issue an arrest warrant. Arrest 
warrants also may be signed by members of the judicial police and 
confirmed within 5 days by a magistrate; however, security forces did 
not always procure an arrest warrant before placing individuals in 
detention.
    The Constitution provides for the right to prompt judicial 
determination of the legality of the detention. A person may not be 
held for more than 135 days without trial. The National Security Law 
provides for a maximum of 180 days of investigative detention when an 
individual is caught in the act of committing a crime punishable by a 
prison sentence; however, in practice these limits were exceeded 
commonly.
    The prosecution and defense have 90 days before a trial to prepare 
their case, although both sides generally have the right to request an 
extension of this deadline under extenuating circumstances. The 
Constitution also provides prisoners with the right to receive visits 
by family members; however, such rights were sometimes ignored in 
practice or made conditional upon payment of a bribe. There was a 
scarcity of personnel and resources and a lack of official 
determination to ensure these rights. Although the Ministry of Justice 
was nominally in charge of the prison system, the police continued to 
arrest and detain persons without bringing detainees to trial.
    The law permits detainees access to legal counsel; however, this 
right usually was not respected in practice, partially due to a severe 
shortage of lawyers. There is a functioning bail system that is widely 
used for minor crimes.
    Although illegal detention continued to be a problem, government 
and NGO attention to the problem increased and NGOs were given better 
access to information within the judicial system. Human rights 
organizations, such as the Association for Justice, Peace, and 
Democracy (AJPD), continued their efforts to secure the release of 
illegally detained individuals. At year's end, there was no update on 
the status of the six individuals the AJPD reported in September 2003 
were being held illegally.
    According to the independent media, security forces continued to 
illegally detain individuals in Cabinda accused of collaborating with 
FLEC. As part of Operacao Brilhante, expelled miners and their families 
were detained in transit centers until their removal from the country 
(see Section 1.c.).
    There were no new developments in the October 2003 incident when 
three young men were detained in Tandu-Macuco village.
    Unlike in previous years, the Government did not temporarily detain 
human rights activists.
    Police sometimes arrested persons holding demonstrations (see 
Section 2.b.).
    An insufficient number of judges and poor communication between 
various authorities led to prolonged detention. More than 60 percent of 
inmates were awaiting trial and it was common for inmates to wait 
approximately 1 to 2 years for trial. In many cases, police beat and 
then released detainees rather than prepare a formal court case. Local 
human rights organizations, such as Maos Livres and AJPD, were 
successful in securing the release of some detainees during the year.

    e. Denial of Fair Public Trial.--The Constitution provides for an 
independent judiciary; however, the judiciary was subject to executive 
influence. The judiciary functioned poorly at the provincial and 
municipal levels, and did not ensure due process for criminal or civil 
cases. In practice, the court system lacked the means and political 
support to assure its independence. During the year, the Government 
continued to rebuild courts and train new magistrates and prosecutors; 
however, in civil and criminal provincial courts, there was often only 
one judge to cover all cases in the province.
    During the year, the Human Rights Division of the U.N. Mission in 
Angola (UNMA) continued to support human rights training of municipal 
magistrates by the Ministry of Justice. The office trained 53 judges 
and 23 prosecutors during the year.
    The court system consists of the Supreme Court at the appellate 
level plus municipal and provincial courts of original jurisdiction 
under the authority of the Supreme Court. The Supreme Court serves as 
the appellate court for questions of law and fact. The President has 
the power to appoint Supreme Court justices without confirmation by the 
National Assembly. The Constitution provides for judicial review of 
constitutional issues by the Supreme Court until the Constitutional 
Court is established. The creation of the Constitutional Court depends 
on the writing of a new Constitution, expected following legislative 
elections which the Government announced would be held in 2006.
    There were long delays for trials at the Supreme Court. Trials for 
political and security crimes in principle are handled exclusively by 
the Supreme Court; however, there were no such trials. The criminal 
courts have a large backlog of cases that caused major delays in 
scheduling hearings. The legal code and rules of procedure underwent 
positive changes during the year. The Ministry of Justice implemented 
random assignment of judges, updated case management systems, and 
trained law clerks.
    Due to the lack of judicial infrastructure in many provinces and 
municipalities, traditional or informal courts still were utilized. 
Traditional leaders, ``sobas,'' were called upon to hear and decide 
local cases. These courts were expected to continue until the formal 
legal system is rebuilt. They did not provide citizens with the same 
rights to a fair trial as the formal legal system; instead their rules 
were established by the community in which they were located.
    By law, defendants are presumed innocent; trials are public; 
defendants have the right to appeal; there is a functioning system of 
bail; and defendants have the right to counsel; however, the Government 
did not always respect these rights in practice. Trials are public; 
however, each court has the right to close proceedings. Defendants do 
not have the right to confront their accusers. Judges were often not 
licensed lawyers; however, the Ministry of Justice increased efforts 
during the year to recruit and train lawyers to serve as magistrates. 
The judge and two laypersons adjudicate.
    A Court for Children's Affairs, under the Ministry of Justice, 
functions as part of Luanda's provincial court system.
    Government corruption was widespread and accountability was 
limited, despite the Anti-Corruption Tribunal (see Section 3). During 
the year, the Tribunal investigated five cases and found all parties 
guilty, levying fines but no prison sentences.
    There were no reports of political prisoners.

    f. Arbitrary Interference with Privacy, Family, Home, or 
Correspondence.--The Constitution prohibits such actions; however, the 
Government did not always respect citizens' privacy rights. Legal 
requirements for search warrants occasionally were disregarded, most 
often in police searches for illegal vendors and periodic sweeps of 
public markets.
    In April, policemen reportedly entered a residence in Cazenga, near 
Luanda, and stole $1,000 (85,000 kwanza).
    Citizens widely believed that the Government maintained 
surveillance of certain groups, including opposition party leaders and 
journalists.
    There were fewer reports of abuses in Cabinda, but serious 
incidents were reported. Unlike in the previous year, there were no 
reports that army units burned villages. Local human rights 
organizations reported that the denial of access to agricultural areas 
led to the neglect and subsequent destruction of crops in Cabinda. 
Government forces in Cabinda reportedly attacked women in their homes, 
while they were working in the fields, near military camps, and during 
searches of homes.
    Unlike previous years, there were no IDPs forced to resettle. All 
but 100,000 of the 3.8 million IDPs returned to their area of origin or 
decided to remain permanently with their host communities (see Section 
2.d.).
    Approximately 3 years after the Government evicted 4,200 families 
from their homes in the Boa Vista neighborhood of Luanda for an urban 
renewal project, the Government completed promised replacement houses 
and public buildings. Many of the houses the Government built lacked 
plumbing and electricity.
    The Government continued to demolish informal squatter housing. On 
April 17, military members removed families from approximately 50 
homes, which were later demolished, near Cidade Alta, Luanda. In many 
instances the Government offered no compensation to displaced 
residents. Residents of Soba Kapassa neighborhood evicted between 2001 
and 2003 continued to wait for financial reimbursement from the 
Government. UNITA quartering areas officially closed in June 2003. 
Demobilized soldiers in Camacupa, Bie reported discrimination in land 
distribution. Radio Ecclesia reported that approximately 2,500 
demobilized soldiers and UNITA soldiers moved away from Cazombo, Moxico 
for fear of their safety. Similar incidents in Benguela and Kuando 
Kubango also were reported. The Government indicated that a lack of 
economic opportunity played a role in these movements.
    Unlike in previous years, the FAA did not employ forced movements 
of rural populations as part of its counterinsurgency operations 
against the FLEC.
    There were no new developments in the July 2003 forced removal of 
subsistence farmers in Huambo, Huila, or Kwanza Sul provinces.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The Constitution provides for 
freedom of speech and of the press; however, the Government at times 
restricted this right in practice. There were fewer restrictions on 
journalists during the year. Both radio and print media criticized the 
Government openly, and at times harshly. There were reports that 
police, especially outside Luanda, harassed, beat, and detained 
journalists. There were also reports that the Government paid 
journalists to publish pro-government stories. During the year, there 
was increasing media attention on corruption, economic mismanagement, 
and opposition politics; however, there were reports that journalists 
were investigated for reporting on sensitive issues and that the 
Government limited access by independent journalists to certain events 
and interviews. Journalists exercised self-censorship when reporting on 
highly sensitive matters. The Government did not restrict academic 
freedom.
    The largest media sources were state-run and carried little 
criticism of government officials, though they often highlighted 
government program deficiencies. The Government owned and operated 
Jornal de Angola, the only daily newspaper. There were seven private 
weekly publications with circulation in the low thousands. The 
Government tolerated increasing criticism of its policies and actions 
in the independent media.
    The state press often criticized independent journalists and 
opposition leaders; however, unlike in previous years, independent 
journalists were able to respond to these criticisms.
    There were five commercial radio stations, including the Catholic 
Church's Radio Ecclesia and Radio Lac Luanda, which openly criticized 
government policies and highlighted poor socioeconomic conditions. In 
July, the Minister of Social Communication strongly criticized Radio 
Ecclesia and called it a ``smuggler'' organization for importing 
transmission repeaters and other necessary broadcasting equipment 
without approval. Although Radio Ecclesia broadcasts via the Internet, 
the Government continued to refuse to approve its nationwide FM 
broadcast authority. The Government also publicly criticized the 
international community's support for independent media. Government-
owned and operated Angolan National Radio was the only radio station 
with the capacity to broadcast throughout the country other than over 
shortwave. The only television station was the government Angola Public 
Television (TPA), which broadcast in Luanda and most provincial 
capitals.
    The Government did not restrict the activities of foreign media, 
including the British Broadcasting Corporation and Voice of America. 
Foreign journalists must receive authorization from the Ministry of the 
Interior to meet government officials or to travel within the country. 
Foreign journalists also must obtain work visas issued in their home 
countries to enter and report on the country.
    Government authorities reportedly harassed, beat, and detained 
independent journalists on at least two occasions during the year. In 
April, the Criminal and Investigative Police in Saurimo, Lunda Sul beat 
an Angola News Agency journalist investigating a murder in the area. 
Despite presenting his press credentials, the journalist was detained 
for 1 day. In August, seven policemen beat and confiscated the camera 
of two TPA reporters filming the crackdown on rural women vendors in 
Rangel municipality, near Luanda. All were later released.
    There were no developments in the 2003 or 2002 cases in which 
government authorities harassed journalists.
    A committee composed of the Minister of Social Communication, the 
spokesman of the Presidency, and the directors of state-run media 
organizations had policy and censorship authority. The Government used 
its control of the government media to influence public opinion.
    Defamation of the President or his representatives is a criminal 
offense, punishable by imprisonment or fines. Factuality is not a 
defense to defamation charges; the only allowable defense is to show 
that the accused did not produce the actual material alleged to have 
caused harm. On March 30, the editor of the independent weekly 
Semanario Angolense was sentenced to 45 days in jail or to pay a $106 
(9,000 kwanza) fine. He also was forced to pay a $1,200 (102,000 
kwanza) fine directly to one of the claimants for publishing an article 
that detailed the personal fortunes of prominent government officials.
    There were no updates on the cases of journalists arrested by the 
Government in 2003 on charges of slander.
    The Law on State Secrecy permits the Government to classify 
information. Following the classification of material the Government 
then has the ability to demand information regarding the source of the 
materials and persecute those that published the classified 
information. There were unconfirmed reports that the Government used 
this law to classify information unnecessarily, shielding the public 
from information of government decision-making.
    The Government did not restrict access to the Internet, and it was 
available in several provincial capitals.

    b. Freedom of Peaceful Assembly and Association.--The Constitution 
provides for the right of assembly; however, the Government at times 
restricted this right in practice. At times police used excessive force 
to break up demonstrations.
    The law requires a minimum of 3 days prior notice before public or 
private assemblies are to be held and makes participants liable for 
``offenses against the honor and consideration due to persons and to 
organs of sovereignty.'' Applications for pro-government assemblies 
routinely were granted without delay; however, applications for protest 
assemblies sometimes were denied, usually based on the restriction of 
venue. During the year, official tolerance for public protest 
increased, although officials were not consistent in permitting such 
protests.
    In February, government authorities prevented 1,500 activists from 
entering a stadium in Cabinda for a ceremony officially opening the 
civic association Mpalabanda. On June 17, police prevented 50 
Democratic Aid and Progress Party (PADEPA) members from staging a 
demonstration against corruption in downtown Luanda. The Government 
also restricted two planned demonstrations by PADEPA in November and 
December.
    Police used excessive force to break up demonstrations during the 
year. On March 4, a protest organized by vendors to protest closure of 
the Estalagem market in Viana resulted in clashes with police in which 
three civilians and one police officer were killed. Several others were 
injured and the police detained approximately 25 protestors. In April, 
all of the detainees were released and an official investigation into 
excessive force used by police officers continued at year's end.
    On April 22, government forces, under provincial leadership, fired 
on a crowd protesting the removal of generators that provided 
neighborhood power in Canfunfo, Lunda Norte. Following a civilian 
attack on the local police station, an unconfirmed number of civilians 
were killed. The police arrested approximately 17 persons for their 
participation in these events. The authorities reported three of the 
detainees died in custody but refused to allow lawyers or family 
members access to the prison; the remaining detainees were all released 
by year's end.
    In protests following the December 6 deaths of numerous individuals 
in Mussendi, Luanda-Norte police killed two individuals (see Section 
1.c.). The National Police Commander publicly admitted wrongdoing, 
ordered the arrest of the local commander and several officers, and 
stated that an investigation was underway.
    Unlike previous years, there were no reports that opposition 
supporters were detained after holding demonstrations.
    No action was taken against security forces responsible for using 
excessive force to disperse demonstrations in 2003.
    The Constitution provides for the right of association; however, 
the Government sometimes restricted this right in practice. There were 
fewer reports than in previous years that government officials 
interfered with private association. Legislation permits the Government 
to deny registration to private associations on security grounds. 
Although the Government approved most applications, including those for 
political parties, the Ministry of Justice continued to block the 
registration of the local human rights group AJPD by not taking action 
on its application originally filed in 2000 (see Section 4).
    The Government arbitrarily restricted associations that it 
considered subversive by refusing to grant licenses for organized 
activities and through official harassment. Opposition parties were 
permitted to organize and hold meetings during the year; however, many 
reported harassment from local authorities outside Luanda (see Section 
3). In March, UNITA members complained that a rural MPLA official in 
Bie ordered police to whip 13 residents to discourage attendance at a 
UNITA rally; however, these allegations could not be confirmed.
    Independent labor activists reportedly also encountered difficulty 
with provincial governments registering branch associations; however, 
vigils and demonstrations took place throughout the year (see Section 
6.b.).

    c. Freedom of Religion.--The Constitution provides for freedom of 
religion, and the Government generally respected this right in 
practice.
    Religious groups must register with the Ministry of Justice and the 
Ministry of Culture. Colonial-era statutes ban non-Christian religious 
groups; however, they were not enforced during the year. In March, the 
National Assembly approved a law establishing stricter criteria for the 
registration of religious groups to curb the growth of cults, although 
the law did not have any effect on the registration process. The 
Minister of Justice also announced his opposition to Muslim 
proselytizing.
    A total of 17 religious groups in Cabinda remained banned during 
the year on charges of practicing traditional medicine on the groups' 
members.
    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, the Government at times restricted these rights in 
practice. Extortion and harassment at government security checkpoints 
in rural and border areas interfered with the right to travel. Police 
routinely harassed returning refugees at border checkpoints. The 
Government restricted access to areas of Cabinda that were deemed 
insecure. During the year, previously inaccessible areas were opened to 
travel.
    Extortion at checkpoints was routine in Luanda, pervasive on major 
commercial routes, and served as a principal source of income for many 
of the country's security service personnel. As part of Operacao 
Brilhante, security forces harassed expelled miners and their families 
as they crossed the border into the DRC (see Section 1.c.). In Malanje, 
Congolese citizens reportedly avoided deportation through payments that 
ranged from $50 to $200 (4,250 to 17,000 kwanza) (see Section 1.c.).
    Police forcibly moved poor residents from central neighborhoods in 
Luanda to outlying areas as part of urban renewal programs (see Section 
1.f.).
    Landmines remaining from the civil war were a major impediment to 
the freedom of movement (see Section 1.a.).
    Foreign journalists must obtain authorization from the Ministry of 
the Interior to travel within the country.
    The Constitution prohibits forced exile, and the Government did not 
use it.
    The Government did not place restrictions on emigration and 
repatriation; however, there were reports that immigration officials 
harassed and extorted money from travelers. In February, OCHA declared 
that approximately 100,000 IDPs remained unsettled; however, 70 percent 
of the returnees resettled in areas where the preconditions specified 
in the national guidelines for the resettlement of IDPs had not been 
met. An estimated 40 percent of returnee communities remained closed to 
international humanitarian and development agencies due to destroyed 
access routes or mine obstruction.
    The Ministry of Assistance and Social Re-Insertion (MINARS) has 
primary responsibility for returnees and remaining IDPs, as well as 
continued housing and resettlement programs; however, these efforts 
remained inadequate. Provincial governments have primary responsibility 
for actual resettlement, ensuring safe, voluntary resettlement to areas 
cleared of mines and with access to water, arable land, markets, and 
adequate state administration. Unlike in previous years, there were no 
confirmed reports of forced relocation of IDPs; however, there were 
unconfirmed reports in connection with Operacao Brilhante. More than 65 
percent of returnees did not have access to primary health care, 65 
percent had no potable water, and 75 percent had no basic sanitation.
    There were no new developments on the 2003 reports of unsafe 
conditions at provincial reception centers for IDPs.
    During the year, an estimated 145,000 refugees returned, including 
49,570 through the U.N. office of the High Commissioner for Refugees 
(UNHCR) voluntary repatriation program. There were reports that border 
officials robbed, harassed, sexually harassed, and charged refugees 
illegal taxes at border posts. UNHCR reported an increase in crimes 
against returnees in Moxico Province; incidents included physical 
assaults, confiscation of goods, and bribes. According to UNHCR, an 
estimated 83,000 to 200,000 citizens were still living outside the 
country.
    The law provides for the granting of refugee status and asylum to 
persons 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 and asylum. The Government cooperated with the UNHCR and other 
humanitarian organizations in assisting refugees and asylum seekers. 
The Government also provided temporary protection to certain 
individuals who may not qualify as refugees under the 1951 Convention/
1967 Protocol. An eligibility committee to evaluate asylum claims, 
under the authority of the Ministry of Justice, continued to meet 
periodically to consider asylum requests. Of the approximately 3,000 
West Africans detained in June in Viana, near Luanda, as part of 
Operacao Brilhante, at least 10 were refugees or asylum seekers. 
According to the UNHCR, the country had approximately 12,000 refugees, 
most of whom were from the DRC.
    In Bengo province, local residents continued to harass 
approximately 300 Congolese refugees in Sungui Camp.
    There were no new developments in the June and October 2003 
harassment of an NGO working in the area.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The Constitution provides citizens with the right to change their 
government peacefully; however, in practice this right remained 
restricted due to the delay in scheduling elections. Opposition parties 
complained of harassment and intimidation by the Government.
    In 1992, the first multiparty presidential elections were held. 
MPLA president Jose Eduardo dos Santos won a plurality of votes cast. 
Although local and international observers declared the election to be 
generally free and fair and called on UNITA to accept the results, 
UNITA claimed that the elections were fraudulent, rejected the results, 
and returned to civil war, preventing a run-off election.
    Active civil society discussions and political party activity for 
elections were underway during the year. On May 12, opposition parties 
walked out of the National Assembly's Constitutional Commission in 
protest at the Government failure to decide on a national election 
timetable. In August, the ruling MPLA party presented a tentative 
electoral timetable with legislative and presidential elections 
scheduled for September 2006. On November 11, President dos Santos 
spoke favorably of an opposition proposal to hold parliamentary 
elections in late 2006, with the Presidential election postponed until 
the following year. This would allow the newly elected parliament to 
draft a new Constitution, under which the presidential elections would 
be held in 2007. A formal election timetable is expected in early 2005.
    The President is elected by an absolute majority. If no candidate 
wins a majority, a runoff must take place between the two candidates 
with the most votes. Of the 220 deputies in the National Assembly, 130 
are elected on a national ballot, and 90 are elected to represent 
provinces. The Electoral Law also calls for the election of three 
additional deputies to represent citizens living abroad; however, those 
positions were not filled in the 1992 elections.
    Ruling power is concentrated in the President and the Council of 
Ministers, through which the President exercises executive power. The 
Council can enact decree-laws, decrees, and resolutions, which means it 
can assume most functions normally associated with the legislative 
branch. Although the Constitution established the position of Prime 
Minister, the President filled the position from 1998 to 2002. In 2002, 
the President named former Interior Minister Fernando Dias dos Santos 
``Nando'' as Prime Minister. While opposition deputies held 
approximately 43 percent of National Assembly seats and substantive 
debates sometimes took place, few mechanisms existed to check the power 
of the MPLA majority or defeat legislation supported by the executive 
branch. Laws such as the Law on State Secrecy and the Law on National 
Security further strengthened executive authority and limited 
legislative oversight (see Section 2.a.).
    There were more than 120 registered opposition parties, of which 11 
received a public subsidy based on their representation in the National 
Assembly. The majority of opposition parties have limited national 
constituencies. The two historical opposition parties that date back to 
independence, UNITA and the National Front for the Liberation of Angola 
(FNLA), traditionally derived support from the Ovimbundu and Bakongo 
ethnic groups. During the year, UNITA completed the transition from a 
disarmed military organization to the largest opposition party.
    Opposition parties complained of harassment and intimidation by the 
police, army, ODC, and supporters of the Government outside Luanda. On 
February 28, government authorities attacked two UNITA activists in 
Mungo municipality. On March 29, a group of men in FAA uniforms and ODC 
badges attacked and set fire to a UNITA office in Kalima, Huambo 
province and threw stones at the occupants, injuring two persons. The 
UNITA members fled to Huambo City. In both of these cases, 
investigations were started and meetings were held between local 
officials and UNITA leaders to discuss culpability for these incidents; 
the cases were ongoing at year's end.
    There were no new developments in the 2003 reports of harassment 
and intimidation.
    The Government took steps to increase transparency and reduce state 
expenditures not reflected in the official budget. Parastatals, most 
notably the state oil company SONANGOL, were required to report their 
revenues to the central bank, though information gaps remained a 
concern. SONANGOL and ENDIAMA, the state diamond marketing company, 
must undergo regular audits conducted by international accounting 
firms.
    During the year, the Government made a $2.25 billion (191.25 
billion kwanza) commercial oil-revenue backed loan and established a $2 
billion (170 billion kwanza) credit line with China's ExIm Bank. The 
IMF and World Bank expressed concerns that these funds may not be used 
in a transparent manner. Transparency in the business environment 
improved but cartel-like business practices continued to favor those 
connected to the Government. Petty corruption among police, teachers 
and other government employees was prevalent, due in part to low 
salaries. During the year, four government officials, including a 
former Ambassador and Governor, were formally charged with corruption.
    There were 35 women in the 220-seat National Assembly, and 10 women 
in the 41-member Cabinet including 3 ministers.
    There were 7 members of minorities in the 220-seat National 
Assembly. There were 3 members of minorities in the 61-member Cabinet.
Section 4. Governmental Attitudes Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    A variety of domestic and international human rights groups 
operated in the country and investigated and published their findings 
on human rights cases. The Government did not prohibit independent 
investigations of human rights abuses; however, it failed to cooperate 
and often used security conditions as a justification to deny access in 
Cabinda.
    In February, the Government placed new restrictions on NGOs, 
requiring them to submit detailed activity reports, sign agreements 
with applicable ministries, and provide banking and financial details. 
Under the new regulations, the Government has the right to determine 
where and what projects each NGO may implement but did not exercise 
this right during the year.
    There were more than 100 international NGOs operating in the 
country and approximately 350 domestic NGOs, of which an estimated 100 
worked on human rights activities. Local NGOs actively promoted human 
rights during the year by documenting prison conditions and providing 
free legal counsel; however, the Government continued to be suspicious 
of local NGOs receiving international support.
    The Ministry of Justice continued to block the registration of AJPD 
by not acting on its application, which has been pending since 2000. At 
year's end, AJPD was awaiting a Supreme Court decision on its suit 
against the Ministry of Justice for not processing the organization's 
registration application. In spite of its uncertain legal position, 
AJPD continued to function throughout the year without government 
interference.
    The Cabinda civic association, Mpalabanda, formed in March, worked 
extensively on human rights issues. Their efforts focused on helping 
those abused, documenting the cases of abuse, educating the population 
on human rights issues and working with the provincial government and 
the FAA to curb abuses. They also reported on human rights abuses that 
occurred during the year (see Section 1.a. and 1.c.).
    Unlike in the previous year, the Government did not temporarily 
detain human rights activists.
    In February, municipal authorities expelled a foreign NGO worker 
from Lumbala N'guimbo, Moxico on charges of undermining the Government, 
improperly collaborating with UNITA, and traveling without proper 
authorization. The worker left the country to avoid prosecution.
    There were no further developments in the August 2003 case of a 
local human rights leader being recalled from overseas medical 
treatment for police questioning or the October 2003 report of 
individuals in FAA uniforms stealing humanitarian supplies from an NGO.
    Several international organizations have a permanent presence in 
the country, including the International Committee of the Red Cross 
(ICRC) and the U.N. Human Rights Commission. Human Rights Watch visited 
the country multiple times during the year and released a report in 
July on media and political freedoms in the country.
    During the year, U.N. humanitarian agencies maintained large-scale 
operations for food security programs, repatriation and reintegration 
activities, and development projects.
    The National Assembly's Committee on Human Rights conducted visits 
to prisons, held hearings on human rights issues, and, in December, 
held a public workshop on human rights that recommended the 
establishment of a National Ombudsman for Human Rights.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    Under the Constitution, all citizens are equal before the law and 
enjoy the same rights and responsibilities regardless of color, race, 
ethnicity, sex, place of birth, ideology, degree of education, or 
economic or social condition; however, the Government did not 
effectively enforce these provisions.

    Women.--Violence against women was widespread. Credible evidence 
indicated that a significant proportion of homicides were perpetrated 
against women, usually by spouses. The Ministry of Women and Family 
deals with violence against women and reported receiving an average of 
20 domestic violence cases a month; however, most cases of domestic 
violence were not reported. The Government continued its project to 
reduce violence against women and improve their status. Domestic 
violence is prosecuted under rape, assault, and battery laws.
    Rape is defined as a forced sexual encounter and is punishable by 
up to 8 years in prison. The law treats sex with a minor under the age 
of 12 as nonconsensual; however, limited investigative resources and an 
inadequate judicial system prevented prosecution of most cases.
    Due to poor economic conditions, many women engaged in 
prostitution. Prostitution is illegal under the Constitution; however, 
the prohibition was not enforced. In January, independent media 
reported on police assaults on prostitutes in Luanda as part of an 
effort to forcibly reduce illegal street activity.
    There are no specific legal prohibitions regarding sexual 
harassment; however, such cases may be prosecuted under assault and 
battery and defamation statutes. Sexual harassment was not a salient 
issue in the country.
    The Constitution and Family Code provide for equal rights without 
regard to gender; however, societal discrimination against women 
remained a problem, particularly in rural areas. In addition, the Civil 
Code includes discriminatory provisions against women in the areas of 
inheritance, property sales, and participation in commercial 
activities. There were no effective mechanisms to enforce child support 
laws, and women carried the majority of responsibilities for raising 
children. The law provides for equal pay for equal work; however, in 
practice women rarely were compensated equally with men. Some women 
held senior positions in the armed forces (primarily in the medical 
field) and civil service, but women generally were relegated to low-
level positions in state-run industries and in the private sector. 
Under the law, women may open bank accounts, accept employment, and own 
property without interference from their spouses. Upon the death of a 
male head of household, the widow automatically is entitled to 50 
percent of the estate with the remainder divided equally among 
legitimate children. In much of the country, women constituted a 
growing percentage of persons with disabilities, as they were most 
likely to become victims of landmines while foraging for food and 
firewood in agricultural areas.

    Children.--Although international reports estimate that 
approximately 60 percent of the population is under the age of 15, the 
Government's attention to children's rights and welfare was 
insufficient. The Ministry of Education and Culture (MEC) functioned 
poorly due to a lack of resources and lack of administrative capacity. 
Nevertheless, the MEC, together with UNICEF, continued a program to 
provide informal learning and life skills for vulnerable children 
outside of the formal education system. During the year, the MEC Back-
to-School campaign efforts consisted of training 20,000 new teachers 
for placement in schools throughout the country. The National Institute 
for Children has daily responsibility for children's affairs.
    Although primary and secondary education was free and compulsory 
until the sixth grade, students often had to pay significant additional 
expenses, including for books and supplies. Teachers were chronically 
unpaid and allegedly often demanded unofficial payment or bribes from 
students. Most of the educational infrastructure was damaged during the 
war, and schools lacked basic equipment and teaching materials. UNICEF 
reported that 56 percent of 6- to 9-year-olds attended school, but only 
6 percent of 10- to 11-year-olds did. According to UNESCO, there was a 
gender gap in the enrollment rate, favoring boys over girls. More than 
1 million children were estimated to be out of school; however, MEC 
efforts to bring more students into the system should decrease this 
number. Only 42 percent of the population was literate, and the 
illiteracy rate for women was almost twice that of men.
    The Government provides free medical care for children at the one 
pediatric hospital in Luanda in addition to supporting child 
immunization programs and general medical care at public hospitals and 
clinics around the country. In many areas, formal health care was 
limited or non-existent. According to UNICEF, the mortality rate for 
children under 5 years of age was 250 per 1,000 live births. Local NGOs 
estimated that 100,000 children were abandoned or orphaned as a result 
of the civil war, and malnutrition was a problem. Landmine explosions 
continued to kill and injure children.
    Child abuse was widespread. Physical abuse was commonplace with in 
the family and was largely tolerated by local officials.
    There were reports of trafficking in children (see Section 5, 
Trafficking).
    Child prostitution is prohibited by a general criminal statute; 
however, an international NGO estimated that there were as many as 
1,000 underage prostitutes in Luanda. Sexual relations with a child 
under 12 years of age is considered rape. Sexual relations with a child 
between the ages of 12 and 15 may be considered sexual abuse with 
convicted offenders liable for up to 8 years in prison.
    Unlike in previous years, there were no confirmed reports that 
children were recruited into the armed forces. According to the 
Ministry of Justice, over 3.8 million children were registered locally 
between August 2001 and March in a campaign to limit the exploitation 
of children. By March, the UNICEF-supported National Family Tracing and 
Reunification Program had identified 11,076 separated children and 
successfully reunited 3,670 children with their families.
    Using information collected during the Government's first child 
registration campaign, it was estimated that there are approximately 
1,500 street children in Luanda. Conditions in government youth centers 
were poor; most homeless children slept on city streets. They shined 
shoes, washed cars, and carried water, and many resorted to petty 
crime, begging, and prostitution to survive. The government-sponsored 
National Institute for Children was responsible for child protection, 
but it lacked the technical capacity to work with international NGOs. 
The Government publicized the problems of street and homeless children 
during the year but did not develop any programs to assist them.
    Human rights abuses due to accusations of sorcery and wizardry were 
a rising concern, especially against children. Individuals placed blame 
on the use of charms or other forms of witchcraft for their personal 
misfortunes. In some cases it was believed that deaths occurred during 
attempts to stop purported acts of witchcraft. There were reports of 
children being tortured by local ``prophets'' to stop these alleged 
actions in Uige and Zaire provinces that were under police 
investigation at year's end. A local NGO, ``Crianca Futuro,'' sheltered 
22 children abandoned due to allegations of witchcraft.
    In November, two Painial-Mefa Evangelic Church priests from Cabinda 
were taken into custody in connection with the maltreatment of three 
children accused of witchcraft. The outcome of this case was still 
pending at year's end.
    The Government, assisted by UNICEF, continued implementation of the 
post-conflict child soldier protection strategy. As outlined in the 
strategy, those designated as child soldiers were given access to 
special resources, including skills training, assistance with civil 
registration, access to special social assistance, and were guaranteed 
to not be recruited or reenlisted in the military. During the year, the 
World Bank also began assisting with the implementation of this 
strategy.
    There were active domestic private children's rights advocacy 
groups, such as the Angolan Bar Association, the Angolan Woman Lawyers' 
Association, Crianca Futuro, and local organizations within the 
Catholic Church. Several international organizations also promoted 
children's rights in the country.

    Trafficking in Persons.--The Constitution prohibits slavery; 
however, no specific laws exist to combat trafficking in persons, and 
there were reports of trafficking.
    There were reports that women and children were trafficked during 
the year, primarily to Europe and South Africa, for labor and sexual 
exploitation. IDPs, along with homeless and orphaned children, remained 
the groups most vulnerable to trafficking. There were reports of child 
trafficking in Santa Clara, on the Angola-Namibia border in Cunene 
Province. Children have been recruited and used in exploitative labor 
such as carrying goods across the border, prostitution, illegal money 
exchange, and selling goods.
    The Ministry of Justice continued its campaign to register 
children, provide them with identity papers, and protect them against 
potential trafficking. The Government operated facilities throughout 
the country for abandoned and abducted children; however, the 
facilities were under funded, understaffed and overcrowded in many 
cases. A Catholic-based center in Namacumbe, near the Namibian border, 
assisted victims of trafficking to reintegrate them into the community.

    Persons with Disabilities.--While there was no institutional 
discrimination against persons with disabilities, the Government did 
little to improve their physical, financial, or social conditions. The 
number of persons with disabilities included more than 80,000 landmine 
victims. Handicap International estimated that up to 10 percent of the 
population have physical disabilities. There is no legislation 
mandating accessibility for persons with disabilities to public or 
private facilities, and it was difficult for persons with disabilities 
to find employment or participate in the education system.

    Indigenous People.--The population included 1 to 2 percent of 
Khoisan and other hunter-gatherer tribes linguistically distinct from 
their Bantu compatriots. At least 3,400 San people lived in 72 small 
dispersed communities in Huila, Cunene, and Kuando Kubango provinces. 
San communities continued to suffer from social exclusion, 
discrimination, and economic exploitation. Greatly reduced access to 
land and natural resources and insecure and limited land rights eroded 
the San's former hunter-gatherer livelihoods and exacerbated ethnic 
tensions with neighboring groups. Hunter-gatherer communities generally 
did not participate actively in the political or economic life of the 
country, and had no ability to influence government decisions 
concerning their interests.
    There continued to be a lack of adequate protection for the 
property rights of traditional pastoral communities. In April, the 
Agricultural Department confirmed that a private farm could expand 
beyond its concession of 5,000 hectares to an area of approximately 
20,000 hectares. While this did not have direct effect on indigenous 
communities during the year, it created the possibility of reduced 
access in the future as large farms expanded throughout the interior. 
On August 10, the National Assembly passed a new land tenure law. 
International NGOs expressed concern that this law further excludes 
indigenous communities from access to land they had formerly cultivated 
or occupied, thereby increasing their vulnerability. The immediate 
effects of the law on indigenous communities were unknown. Opposition 
parties remained opposed to the law.
Section 6. Worker Rights
    a. The Right of Association.--The Constitution provides for the 
right to form and join trade unions and engage in union activities; 
however, the Government did not respect these rights consistently in 
practice. The MPLA controlled the National Union of Angolan Workers 
(UNTA), which claimed to have more than 400,000 members. There were two 
prominent independent unions, the General Center of Independent and 
Free Labor Unions of Angola (CGSILA), with approximately 50,000 
members, and the small Independent Union of Maritime and Related 
Workers (SIMA). Restrictions on civil liberties, such as freedom of 
speech and freedom of assembly, prevented labor activities not approved 
by the Government (see Sections 2.a. and 2.b.).
    The law requires the Government to recognize the right of labor 
unions to organize; however, SIMA continued to encounter difficulties 
with provincial government authorities in registering branch 
associations and organizing dock and oil platform workers.
    Legislation prohibits discrimination against union members and 
calls for worker complaints to be adjudicated in regular civil courts. 
Under the law, employers found guilty of anti-union discrimination are 
required to reinstate workers who have been dismissed for union 
activities. In practice, neither the Labor Code nor the judicial system 
defended or enforced these rights.

    b. The Right to Organize and Bargain Collectively.--The 
Constitution provides for the right to organize and for collective 
bargaining; however, the Government did not always respect these rights 
in practice. The Government did not facilitate constructive labor 
management negotiations. The Ministry of Public Administration, 
Employment, and Social Security set wages and benefits on a semi-annual 
basis (see Section 6.e.).
    The Constitution provides for the right to strike, and the law 
regulates such actions. The law prohibits lockouts and worker 
occupation of places of employment and provides protection for 
nonstriking workers. It prohibits strikes by armed forces personnel, 
police, prison workers, and fire fighters. The law does not effectively 
prohibit employer retribution against strikers; it permits the 
Government to force workers back to work for breaches of worker 
discipline and participation in unauthorized strikes. Workers exercised 
their right to strike during the year.
    SIMA continued an organized protest begun in 2000 to demand 
severance compensation from Angonave, the national shipping company. 
Unlike in previous years, participants in the vigil were not subject to 
government harassment during the year.
    There are no export processing zones.

    c. Prohibition of Forced or Compulsory Labor.--The law prohibits 
forced or compulsory labor, including by children and the Ministry of 
Justice has effective enforcement mechanisms for the formal economic 
sector; however, the majority of labor law violations occur outside the 
official labor market and are not subject to legal enforcement. The law 
permits the Government to force workers back to work for breaches of 
worker discipline and participation in strikes. There were no further 
developments on the media reports that a prison director in Huambo used 
prisoners as domestic laborers in 2003.

    d. Prohibition of Child Labor and Minimum Age for Employment.--
Child labor was restricted under the law; however, child labor remained 
a problem. The legal minimum age for employment is 14 years. Children 
between the ages of 14 and 18 may not work at night, in dangerous 
conditions, or in occupations requiring great physical effort. The 
Government prohibits children younger than 16-years-old from factory 
work. These provisions rarely were enforced, and UNICEF believes that a 
high percentage of children between 5- and 14-years-old worked. 
Children worked on family farms, as domestic servants, and in the 
informal sector as street vendors. Family-based child labor in 
subsistence agriculture was common. Children under 12 years of age 
worked for no reimbursement for their families and in apprenticeships. 
Poverty and social upheavals have brought large numbers of orphaned and 
abandoned children into unregulated urban employment in the informal 
sector.
    The Inspector General of the Ministry of Public Administration, 
Employment, and Social Security is responsible for enforcing labor 
laws, and child labor law enforcement is under the jurisdiction of the 
courts; however, in practice, the court system did not provide adequate 
protection for children. In 2003, a Court for Children's Affairs, under 
the Ministry of Justice, was established as part of Luanda's provincial 
court system; however, these courts were not yet operational in the 
provinces by year's end. Child labor violations are punishable with 
fines. There is no formal procedure for inspections and investigations 
into child labor abuses outside of the family law system, although 
private persons can file claims for violations of child labor laws.

    e. Acceptable Conditions of Work.--The Ministry of Public 
Administration, Employment, and Social Security kept the minimum wage 
at the equivalent of $50 (4,250 kwanza) per month. Many urban workers 
earned less than $20 (1,700 kwanza) per month. Neither the minimum wage 
nor the average monthly salary, which was estimated to be between $40 
and $150 (3,400 to 12,500 kwanza) per month, provided a decent standard 
of living for a worker and family. As a result, most wage earners held 
second jobs or depended on the informal sector, subsistence 
agriculture, or support from abroad to augment their incomes. Employees 
receiving less than the legal minimum wage have the right to seek legal 
recourse; however, it was uncommon for workers to do so.
    A government decree limits the legal workweek to 44 hours; however, 
the Ministry was unable to enforce this limit or occupational safety 
and health standards. In practice, workers cannot remove themselves 
from dangerous work situations without jeopardizing their continued 
employment.
    Foreign workers are not protected under the labor law. They receive 
legal protection only if they work under contract; otherwise, they 
receive protection only against criminal acts.

                               __________

                                 BENIN

    The Republic of Benin is a constitutional democracy headed by 
President Mathieu Kerekou, who was inaugurated in 2001 after elections 
that observers generally viewed as free but not entirely fair. The 
March 2003 parliamentary elections, which were generally free, fair, 
and transparent, resulted in a loss of seats by the opposition. One 
opposition party joined the government coalition; as a result, the 
opposition holds 18 of 83 seats. During the year, the executive branch 
interfered with the judiciary, which was inefficient and susceptible to 
corruption at all levels.
    The security forces consist of the armed forces, headed by the 
State Ministry of Defense, and the police force under the Ministry of 
Interior, Security, and Decentralization. The Ministry of Defense 
supervises the Gendarmerie, which exercises military police functions 
in rural areas, while the Ministry of Interior supervises other police 
forces. The armed forces under the Ministry of Defense continued to 
play an apolitical role in government affairs despite concerns about 
lack of morale within its ranks. Civilian authorities maintained 
effective control of the security forces. Members of the security 
forces committed some human rights abuses.
    The country was extremely poor with average yearly per capita 
income of $1,100; its population was approximately 7.2 million. The 
economy was mixed and based largely on subsistence agriculture, cotton 
production, and regional trade. The Government maintained the austerity 
program; continued to privatize state-owned enterprises; reduced fiscal 
expenditures; and deregulated trade. However, the economy's growth rate 
contracted from 5.5 percent in 2003 to 3 percent at year's end due to 
Nigeria's increased enforcement of import regulations, loss of revenue 
at the Port of Cotonou, and endemic corruption.
    The Government generally respected the human rights of its 
citizens; however, there were problems in several areas. There were 
credible reports that police sometimes beat suspects, and at times the 
authorities arbitrarily arrested and detained persons; however, unlike 
in the previous year, police did not detain or beat journalists. Police 
forcibly dispersed demonstrations, which resulted in deaths and 
injuries. The most serious human rights problems continued to be the 
failure of police forces to curtail acts of vigilantism and mob 
justice; harsh and unhealthy prison conditions; prolonged pretrial 
detention; judicial corruption; violence and societal discrimination 
against women; and trafficking and abuse of children. The practice of 
female genital mutilation (FGM) and, to a lesser extent, infanticide 
also remained problems. Child labor, including forced and compulsory 
child labor, continued to be 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 shot and killed persons during violent 
demonstrations during the year (see Section 2.b.).
    During the year, incidents of mob justice continued to occur, in 
part due to the perceived failure of local courts to adequately punish 
criminals. Most often these were cases of mobs killing or severely 
injuring suspected criminals, particularly thieves caught in the act. 
On August 12, for example, after the release on a technicality of six 
carjackers, a mob in Cotonou burned to death a man caught stealing 
motorbikes; during the same month, a separate mob beat to death two men 
caught robbing a local woman. Although a number of these incidents 
occurred in urban areas and were publicized in the press, the 
Government apparently made no concerted attempt to investigate or 
prosecute anyone involved, and police generally ignored vigilante 
attacks.
    There was no known action taken against persons responsible for mob 
killings in 2002.

    b. Disappearance.--There were no reports of politically motivated 
disappearances.
    During the year, hundreds of children were trafficked within the 
country and to neighboring countries to work as domestic servants, 
prostitutes, or laborers in quarries or farms (see Section 5). While 
some of these children were trafficked with the consent of their 
families for economic reasons, some children were kidnapped by force.

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The Constitution prohibits such practices; however, there 
were credible reports during the year that police sometimes beat those 
in custody.
    The Government continued to make payments to victims of torture 
under the military regime, and some persons received payment for 
property they lost under the regime. During the year, some citizens who 
fled the country during the military regime continued to receive 
compensation.
    Unlike in the previous year, there were no reports that police 
detained and beat journalists.
    On October 30, the military paid $5,865 (2.9 million FCFA) in 
compensation to each person injured in January 2003, when 40 
paratroopers in the district of Zogbodome attacked civilians with 
knives, bottles, machetes, and other types of weapons in retaliation 
for the injury to one of their colleagues in a bar fight.
    Mob justice resulted in deaths and injuries (see Section 1.a.).
    Prison conditions continued to be extremely harsh. Overcrowding and 
lack of proper sanitation and medical facilities posed a risk to 
prisoners' health. According to the Justice Ministry, at times, the 
country's eight civil prisons were filled to more than three times 
their capacity. The prison diet was inadequate, and malnutrition and 
disease were common. Family members were expected to provide food for 
inmates to supplement prison rations.
    Women were housed separately from men; however, juveniles at times 
were housed with adults. Pretrial detainees were held with convicted 
prisoners; however, they were not held with the most violent convicts 
or those subject to the death penalty.
    The Government permitted prison visits by human rights monitors; 
nongovernmental organizations (NGOs) and other agencies continued their 
prison visits.

    d. Arbitrary Arrest or Detention.--The Constitution prohibits 
arbitrary arrest and detention; however, at times the authorities did 
not respect these prohibitions in practice.
    The police, who were poorly equipped and trained, were criticized 
for corruption and ineffectiveness. During the year, the Government 
took steps to address these problems by recruiting more officers, 
building more stations, and modernizing equipment. Impunity was a 
problem; however, several police officers accused of corruption were 
dismissed during the year.
    The law requires arrest warrants and prohibits detention for more 
than 48 hours without a hearing by a magistrate whose order is required 
for continued detention. Detainees must be brought before a judge 
within 48 hours of arrest. After examining a detainee, the judge has 24 
hours to decide whether to continue the detention or release the 
individual. Suspects have the right to an attorney, but only after 
being brought before a judge. Warrants authorizing pretrial detention 
were effective for 6 months and could be renewed every 6 months until 
the suspect was brought to trial. The Government provided counsel in 
criminal cases only.
    On April 2, police arrested and detained student demonstrators at 
the University of Abomey-Calavi (see Section 2.b.).
    Despite the legal provision that prohibits detention for more than 
48 hours, there were credible reports that authorities exceeded this 
limit in many cases, sometimes by as much as a week, using the common 
practice of holding a person indefinitely ``at the disposition of'' the 
public prosecutor's office before presenting the case to a magistrate. 
Approximately 75 percent of persons in prison were pretrial detainees.

    e. Denial of Fair Public Trial.--The Constitution provides for an 
independent judiciary; however, the Government did not always respect 
this provision in practice. The executive branch has important powers 
with regard to the judiciary, which struck intermittently during the 
year to protest executive branch interference (see Section 6.b.). The 
judiciary remained inefficient in some respects and susceptible to 
corruption at all levels.
    The President appoints career magistrates as judges in civil 
courts, and the Constitution gives the Ministry of Justice 
administrative authority over judges, including the power to transfer 
them. Inadequate facilities, poorly trained staff, and overcrowded 
dockets delayed the administration of justice. Low salaries made 
magistrates and clerks susceptible to corruption.
    During the year, the Government continued its efforts to curb 
judicial corruption. On June 4, the court rendered its decision on the 
87 judges, court clerks, and public accountants detained for 29 months 
on corruption charges: 62 persons received sentences from 6 months' to 
5 years' imprisonment; and 25 persons were acquitted. Judicial salaries 
increased significantly during the year, and the Justice Ministry 
reinstated training programs for incoming magistrates.
    A civilian court system operated on national and provincial levels. 
The Supreme Court was the court of last resort in all administrative 
and judicial matters. There were two courts of appeals, one of which 
was added during the year. The Constitutional Court was charged with 
deciding on the constitutionality of laws, disputes between the 
President and the National Assembly, and disputes regarding 
presidential and legislative elections. It demonstrated its 
independence in previous years by ruling against both the executive and 
legislative branches; however, the Constitutional Court, which also has 
jurisdiction in human rights cases, was accused of bias in favor of the 
President during the 2001 presidential elections (see Section 3). There 
was also a High Court of Justice to try the President and ministers for 
crimes related to their professional responsibilities.
    Military disciplinary councils deal with minor offenses by members 
of the military services, but they have no jurisdiction over civilians.
    The legal system is based on French civil law and local customary 
law. The Constitution provides for the right to a fair public trial. A 
defendant is presumed innocent and has the right to be present at trial 
and to representation by an attorney, at public expense if necessary. 
In practice, the court provided indigent defendants with court-
appointed counsel upon request. A defendant also has the right to 
confront witnesses and to have access to government-held evidence. 
Trials were open to the public, but, in exceptional circumstances the 
president of the court may decide to restrict access to preserve public 
order or to protect the parties. Defendants who were awaiting a verdict 
may request release on bail; however, the courts granted such requests 
only on the advice of the Attorney General's office.
    There were no reports of political prisoners.

    f. Arbitrary Interference with Privacy, Family, Home, or 
Correspondence.--The Constitution prohibits such actions, and the 
Government generally respected these prohibitions in practice. Police 
were required to obtain a judicial warrant before entering a private 
home, and they usually observed this requirement in practice.
    The results of the National Assembly's 2001 investigation into 
alleged governmental wiretapping was released during the year; however, 
the results were inconclusive and did not lead to further prosecutions.
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. Unlike in the previous year, there were no reports that police 
beat and detained journalists.
    The law provides for prison sentences involving compulsory labor 
for certain acts or activities related to the exercise of the right of 
free expression. The law concerns threats to public order or calls to 
violence, but it is vaguely worded and susceptible to abuse.
    During the year, the Government ordered the NGO Association ELAN to 
remove its billboards that expressed opposition to amending the 
Constitution; the billboards were viewed widely as referring to an 
amendment to allow President Kerekou to run for a third term of office. 
The Government publicly accused ELAN of conducting an electoral 
campaign outside of the designated campaign season. ELAN did not remove 
the billboards, which security forces subsequently defaced.
    There was a large and active privately-owned press composed of more 
than 20 daily newspapers. These publications criticized the Government 
freely and frequently, but the effect on public opinion was limited 
because of their urban concentration and widespread illiteracy. A 
nongovernmental media ethics commission (ODEM) continued to censure 
some journalists during the year for unethical conduct, such as 
reporting falsehoods or inaccuracies or releasing information that was 
still under embargo. During the year, ODEM criticized three newspapers 
for publishing articles inciting regionalism along ethnic lines. ODEM 
also charged that some journalists had failed to adhere to professional 
standards.
    Privately owned radio and television stations were popular sources 
of information. Programs critical of the Government were broadcast 
without interference during the year, and ``call-in'' and other talk 
shows often were used for public discussion of various topics.
    The Government continued to own and operate the media that were 
most influential in reaching the public because of broadcast range and 
infrastructure. The majority of citizens were illiterate, lived in 
rural areas, and generally received their news via radio. The Office of 
Radio and Television (ORTB) broadcast in French and local languages. 
Radio France International and the British Broadcasting Corporation 
broadcast in Cotonou. Fifteen rural radio stations, which were governed 
by local committees and received support from the ORTB, broadcast 
several hours a day exclusively in local languages.
    The ORTB television station broadcast more than 12 hours per day, 
primarily in French. Several private television stations broadcast, 
including GOLF TV and LC-2. Although neither television station 
broadcast partisan programs, the vast majority of news programming 
centered on government officials' activities, government-sponsored 
conferences, and international stories provided by French television or 
other foreign sources.
    The government entity that oversaw media operations was the High 
Authority for Audio-Visual Media and Communications, which required 
broadcasters to submit weekly lists of planned programs and required 
publishers to deposit copies of all publications with it; however, the 
media did not comply with these requirements in practice. The 
information was used for administrative purposes; however, journalists 
often complained that it was an attempt at censorship.
    The Government did not restrict the Internet.
    The University of Abomey-Calavi, which closed in April after a 
violent student demonstration, subsequently reopened; however, most 
classes did not resume because of a nationwide teacher's strike (see 
Section 2.b.).

    b. Freedom of Peaceful Assembly and Association.--The Constitution 
provides for freedom of assembly, and the Government generally 
respected this right in practice. The Government requires permits for 
use of public places for demonstrations and generally granted such 
permits; however, the Government sometimes used ``public order'' to 
deny legitimate requests for permits from opposition groups and labor 
unions.
    During the year, police forcibly dispersed demonstrations, which 
resulted in two deaths and numerous injuries.
    On April 2, police used tear gas to disperse a violent 
demonstration at the University of Abomey-Calavi. Dozens of students 
were arrested and briefly detained, some students were injured, and the 
University was closed. The demonstration, which was triggered by the 
death of a student in an accident with a university bus, became violent 
when students discovered an undercover police officer among them. The 
University subsequently reopened; however, most classes did not resume 
due to a nationwide teacher's strike.
    On August 18, police in Porto Novo fired into a crowd of violent 
demonstrators; one person was killed and numerous persons were injured. 
The mob was protesting the August 18 arrest of several persons who had 
smuggled cheap gasoline into the country and attacked the gas station 
owners, who were believed to have informed the police. The police first 
arrived at the scene without enough officers or equipment, but they 
returned and used teargas to disperse the crowd, which had looted 
buildings and vehicles and attempted to burn the National Assembly 
building. A second death was reported during the clash, but it was 
unclear how the person was killed. There were no arrests in connection 
with the incident by year's end.
    In October, police forcibly dispersed students demonstrating 
against tuition increases; there were no reported injuries.
    The Constitution provides for freedom of association, and the 
Government generally respected this right in practice. The Government 
requires associations to register and routinely granted registrations.

    c. Freedom of Religion.--The Constitution provides for freedom of 
religion, and the Government generally respected this right in 
practice.
    Persons who wish to form a religious group must register with the 
Ministry of the Interior. There were no reports that any group was 
refused permission to register or was subjected to unusual delays or 
obstacles in the registration 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 provides for these 
rights, and the Government generally respected them in practice; 
however, the presence of police, gendarmes, and illegal roadblocks 
impeded domestic movement. Although ostensibly meant to enforce 
automotive safety and customs regulations, many of these checkpoints 
served as a means for officials to exact bribes from travelers. The 
Government maintained previously implemented measures to combat such 
corruption at roadblocks; however, they were not always effective, and 
extortion occurred.
    In May, Nigeria secured its western border with the country to curb 
the smuggling of stolen cars and other products. Increased surveillance 
and security measures remained in place at year's end.
    The Government maintained documentary requirements for minors 
traveling abroad as part of its continuing campaign against trafficking 
in persons (see Section 5).
    The Government's policy toward the seasonal movement of livestock 
allowed migratory Fulani herdsmen from other countries to enter freely; 
the Government did not enforce designated entry points. Disputes arose 
between the herdsmen and local landowners over grazing rights.
    The Constitution prohibits the forced exile of citizens, 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, and granted refugee 
status or asylum. The Government cooperated with the U.N. High 
Commissioner for Refugees (UNHCR) and other humanitarian organizations 
in assisting refugees. The Government also provided temporary 
protection to individuals who may not qualify as refugees under the 
1951 Convention/1967 Protocol. The UNHCR estimated that there were more 
than 5,000 refugees of various nationalities in the country and that 
approximately 1,000 persons residing in the country were requesting 
asylum. During the year, a number of citizens of Togo entered the 
country and were granted refugee status or given temporary protection; 
however, many returned to Togo and reportedly worked in Togo while 
still claiming refugee benefits in the country. Despite severe economic 
pressures that limited its ability to provide education for children, 
the Government allowed these Togolese to enroll their children in local 
schools and permitted their participation in most economic activities.
    During the year, the UNHCR determined that the more than 200 Ogoni 
refugees from Nigeria could safely return home and were no longer 
entitled to refugee status. Although no Ogoni were forcibly returned to 
Nigeria, the UNHCR ran incentive programs to encourage their 
repatriation and reduced food and housing subsidies to the Ogoni.
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 generally fair elections held on the basis 
of universal suffrage. Observers viewed the March 2003 National 
Assembly and 2002 municipal elections as generally free and fair; 
however, opposition parties charged that there were some 
irregularities. The Constitution provides for a 5-year term of office 
for the president (who is limited to two terms) and 4-year terms for 
National Assembly members (who may serve an unlimited number of terms). 
The Constitution limits candidates for the presidency to persons 
between the ages of 40 and 70 years. Municipal terms are for 4 years. 
There were 12 political parties and coalitions represented in the 
unicameral, 83-member National Assembly.
    The March 2003 National Assembly elections resulted in a loss of 
seats by the opposition, notably the Rebirth of Benin (RB), the primary 
opposition party led by former president Nicephore Soglo. A second 
opposition party, that of the former Prime Minister Adrien Houngbedji, 
joined the government coalition, leaving only Soglo's party and the 
minor Star Alliance (AE) party in the opposition. The RB held 15 of the 
National Assembly's 83 seats; AE held 3 seats.
    Opposition parties criticized the National Election Commission's 
handling of the country's first-ever municipal elections in 2002 and 
charged that the pro-Kerekou coalition engaged in vote-buying, forged 
voter cards, and other types of fraud. Despite these charges, the 
opposition won the majority of seats on the municipal councils in the 
large cities.
    President Kerekou was inaugurated in 2001. Observers viewed the 
reelection of Kerekou as free but not entirely fair because of the 
apparent judicial manipulation of the presidential electoral counts, 
the intimidation of opposition deputies, and the unprecedented scope of 
the campaign expenditures made by the President's coalition. When 
opposition candidates challenged the preliminary, first-round 
presidential vote tallies, the court initially affirmed those results 
despite the electoral commission's concession that computer failures 
and other irregularities made those tallies unreliable. Following 
extensive public criticism, the court reviewed the evidence in more 
detail, modified the tallies, and gave some of the numerous opposition 
candidates marginally higher total votes. No members of the opposition 
were in the President's Cabinet or in the National Assembly's Executive 
Committee.
    Official corruption was widespread. During the year, there were 
reports of financial improprieties in the privatization of Sonacop, the 
state-owned oil company. During a November 2003 radio broadcast, the 
Chief of the Government's Anti-Corruption Commission charged that 95 
percent of government ministers sought to bypass procurement rules and 
procedures. In 2003, President Kerekou stated publicly that senior 
officials of his cabinet were involved in corruption and related 
offenses.
    There were no laws that provided for public access to government 
information.
    There were 4 women in the 21-member Cabinet. There were 5 women in 
the 83-member, unicameral National Assembly, including the leader of 
the largest opposition party. The President of the Constitutional Court 
was a woman.
    Minority ethnic groups were well represented in government 
agencies, civil service, and the armed forces. In the National 
Assembly, 19 members were from the Goun-Nago-Yoruba ethnic group, 15 
from the Bariba, and 10 from the Somba-Dendi and other smaller groups.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    A number of domestic and international human rights groups 
generally operated without government restriction, investigating and 
publishing their findings on human rights cases. Government officials 
generally were cooperative and responsive to their views.
    The International Federation of Human Rights published a report 
during the year that criticized the Government; observers in the media 
and civil society charged that the report was unduly critical of the 
Government and sometimes factually wrong.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The Constitution prohibits discrimination based on race and sex; 
however, societal discrimination against women continued. Persons with 
disabilities were disadvantaged.

    Women.--Domestic violence against women, including wife beating, 
was common. NGO observers believed that women remained reluctant to 
report cases. Judges and police also were reluctant to intervene in 
domestic disputes; society and law enforcement considered such cases to 
be an internal family matter. The maximum penalty ranged from 6 to 36 
months' imprisonment. In March 2003, a local chapter of a regional NGO, 
Women in Law and Development-Benin, opened to offer social, legal, 
medical, and psychological assistance to victims of domestic violence; 
the organization was effective during the year.
    The Law prohibits rape, and the Government enforced the law 
effectively. Sentences for rape ranged from 1 to 5 years' imprisonment.
    FGM was practiced on females ranging from infancy through 30 years 
of age and generally took the form of excision; approximately 50 
percent of women in the country have undergone FGM. FGM was outlawed in 
March 2003, and the law provides for penalties for performing the 
procedure, including jail sentences of up to 10 years in prison and 
$10,000 (6 million CFA francs); however, the Government generally was 
unsuccessful in preventing the practice. There was a strong profit 
motive in the continued practice of FGM by those who performed the 
procedure, usually older women. The efforts of NGOs and others to 
educate rural communities about the dangers of FGM and to retrain FGM 
practitioners in other activities continued during the year. A 
prominent NGO, the local chapter of the Inter-African Committee, made 
progress in raising awareness of the dangers of the practice, and the 
Government cooperated with its efforts. During the year, the Ministry 
of Family continued an education campaign that included conferences in 
schools and villages, discussions with religious and traditional 
authorities, and banners. NGOs also addressed this issue in local 
languages on local radio stations.
    Prostitution, which is illegal, was a problem, particularly child 
prostitution. Sentences for prostitution included imprisonment of 6 
months to 2 years and a fine of $800 (400,000 CFA francs) to $8,000 (4 
million CFA francs).
    Although the Constitution provides for equality for women in the 
political, economic, and social spheres, women experienced extensive 
societal discrimination, especially in rural areas where they occupied 
a subordinate role and were responsible for much of the hard labor on 
subsistence farms. In urban areas, women dominated the trading sector 
in the open-air markets. A new Family Code was promulgated during the 
year and provides women with better inheritance and property rights and 
significantly increases their rights concerning marriage, including a 
prohibition on forced marriage and polygyny.

    Children.--The Government has stated publicly its commitment to 
children's rights and welfare; however, it lacked the resources to 
demonstrate that commitment. The Ministry of Family was responsible for 
the protection of children's rights, primarily in the areas of 
education and health. The National Commission for Children's Rights and 
the Ministry of Family had oversight roles in the promotion of human 
rights issues with regard to children and their welfare.
    Primary education was compulsory for all and tuition-free for 
girls; however, in some parts of the country, girls received no formal 
education, and parents paid tuition for both boys and girls because 
many schools had insufficient funds. The Government implemented 
programs such as offering books at reduced prices to promote children's 
access to primary schools and to enhance the quality and relevance of 
schooling received. According to UNICEF, primary school enrollment was 
approximately 90 percent of boys and approximately 60 percent of girls 
nationwide; only 26 percent of boys and 12 percent of girls were 
enrolled in secondary school. Girls did not have the same educational 
opportunities as boys, and female literacy was approximately 18 percent 
(compared with 50 percent for men). However, recent elementary school 
pass rates for girls have increased. Strikes by teachers during the 
year seriously disrupted the school year (see Section 6.b.).
    There was a tradition in which a groom abducts and rapes his 
prospective child bride (under 14 years of age). The practice was 
widespread in rural areas, but the Government and NGOs worked to end it 
through information sessions on the rights of women and children.
    Criminal courts meted out stiff sentences to criminals convicted of 
crimes against children; however, many such crimes never reached the 
courts due to lack of education and access to the courts or fear of 
police involvement in the problem.
    FGM was commonly performed on young girls (see Section 5, Women).
    The Constitution and the law prohibit child prostitution; however; 
enforcement was frequently lax, and the commercial sexual exploitation 
of children was a problem (see Section 5, Trafficking). Some street 
children became prostitutes to support themselves.
    Trafficking in children remained a problem. Some trafficking of 
children occurred in connection with the forced servitude practice 
called ``vidomegon,'' in which children worked, but the arrangement was 
voluntary between the two families (see Section 5, Trafficking).
    Traditional practices included the killing of deformed babies, 
breech babies, and one of two newborn twins (all of whom were thought 
to be sorcerers) in some rural areas; however, such practices sharply 
decreased during the year, in large part due to widespread NGO media 
campaigns against the practice. Some NGOs combined their anti-
infanticide efforts with programs to counter FGM.

    Trafficking in Persons.--Although no law specifically prohibits 
trafficking in persons, the Government interprets its laws as 
prohibiting trafficking in persons in general and in underage girls in 
particular; however, there were reports of trafficking in children. The 
Criminal Code prohibits kidnapping. The country was a source, transit, 
and destination for trafficked persons, primarily children.
    Penalties for traffickers involved in ``labor exploitation'' ranged 
from fines, to prison terms, to forced labor, to the death penalty, 
depending on the severity of the crime and the length of time over 
which the exploitation occurred. Penalties for the trafficking of 
minors for prostitution ranged from 2 to 5 years' imprisonment with a 
fine of $2,000 (1 million CFA francs) to $20,000 (10 million CFA 
francs).
    In March, authorities intercepted a truck carrying more than 100 
children to be trafficked to Nigeria; however, it was unclear whether 
anyone was prosecuted in the case. In July, police arrested Enoumekpe 
Sowlaounde, a Togolese citizen, for trafficking eight Togolese girls 
into the country to work as domestic servants. In 3 other cases in 
July, police arrested 4 traffickers trying to smuggle 27 children out 
of the country to Togo, Cote d'Ivoire, and Ghana. The traffickers, two 
citizens of the country and two Togolese, were arrested and awaiting 
trial at year's end. The children in these cases, all of whom had been 
trafficked with the consent of their parents to earn money, were 
returned to their families.
    The traditional practice of vidomegon, in which poor, often rural, 
families placed a child, primarily a daughter, in the home of a more 
wealthy family to avoid the burden the child represented to the 
parental family, increasingly involved abuse. While originally a 
voluntary arrangement between two families, vidomegon increasingly 
involved the child in forced labor, long hours, inadequate food, and 
sexual exploitation. Approximately 90 to 95 percent of the children in 
vidomegon were young girls. Children were sent from poorer families to 
Cotonou and then some of the children were sent to Gabon, Cote 
d'Ivoire, and the Central African Republic to help in markets and 
around the home. The child received living accommodations, while income 
generated from the child's activities was split between the child's 
parents in the rural area and the urban family that raised the child.
    Children were trafficked to Ghana, Nigeria, and Gabon for 
indentured or domestic servitude, farm labor, and prostitution. In 
addition, hundreds of children were taken across the border to Togo and 
Cote d'Ivoire to work on plantations. Children from Niger, Togo, and 
Burkina Faso have been trafficked to the country for indentured or 
domestic servitude. Trafficking victims generally originated from the 
country's southernmost provinces, those with the easiest access to the 
paved coastal highway that links Cote d'Ivoire, Togo, Benin, and 
Nigeria. Trafficked children generally came from poor rural areas and 
were promised educational opportunities or other incentives.
    According to UNICEF, four distinct forms of trafficking occur in 
the country. ``Trafic-don'' was when children were given to a migrant 
family member or stranger, who turned them over to another stranger for 
vocational training or education. ``Trafic-gage'' was a form of 
indentured servitude, in which a debt was incurred to transport the 
child, who was not allowed to return home until the debt was repaid. 
``Trafic-ouvrier'' involved children of ages 6 years to 12 years, and 
they worked as artisans, construction laborers, or agricultural or 
domestic workers. This was the most common variant, estimated to be 75 
percent of the total traffic of the three provinces UNICEF surveyed in 
2000. Finally, ``trafic-vente'' was the outright sale of children.
    According to a survey of child labor conducted in 1999, 49,000 
rural children, constituting 8 percent of the rural child population 
between the ages of 6 and 16, worked abroad, primarily in the mines of 
Nigeria, as agricultural workers on plantations in Cote d'Ivoire, and 
as domestic workers in Gabon. Only children who had been trafficked 
explicitly for labor purposes were counted among the 49,000 children 
that were estimated to be victims of trafficking. However, the children 
who left "for other reasons" may conceal an additional number of 
trafficked children and bring the number close to 80,000. Of the 
trafficked children in this child labor study, 61 percent were boys and 
39 percent were girls. Organized child traffickers particularly have 
victimized certain villages, and there were villages where up to 51 
percent of children were trafficked.
    Child prostitution mainly involved girls whose poor families urged 
them to become prostitutes to provide income. Such children were abused 
sexually by teachers who sought sex for better grades and lured to 
exchange sex for money by older men who acted as their ``protectors.'' 
There were reports of sexual tourism and reports that adult males 
preferred young girls because they were viewed as less demanding and 
less likely to have HIV/AIDS. NGOs and international organizations 
organized assistance to child prostitution victims and worked on 
prevention programs.
    The Government had bilateral agreements with Togo, Gabon, and 
Nigeria, which focused on border control and repatriation of 
trafficking victims. Security forces in the country and in Nigeria 
conducted joint border patrols to curb smuggling and banditry. Regional 
efforts also continued between heads of state of concerned countries to 
cooperate to identify, investigate, and prosecute agents and 
traffickers, and to protect and repatriate trafficking victims.
    On February 27, the Government established a 15-member national 
child protection committee to oversee the fight against child 
trafficking and the work of child protection organizations. Committee 
members were drawn from the Government, police, and child welfare 
organizations. Committee goals included publishing a directory of child 
welfare organizations and an evaluation of the effectiveness of each.
    The Brigade for the Protection of Minors, under the jurisdiction of 
the Interior Ministry, fought crimes against children. The Ministry of 
the Family also opened centers in urban areas to provide education and 
vocational training to victims of vidomegon. The Government also worked 
with NGOs to combat trafficking in children, taking measures that 
included media campaigns and greater border surveillance; however, 
police complained that they lacked equipment to monitor trafficking 
adequately.
    During the year, the Ministry of Family, international NGOs, and 
the donor community assisted numerous children who had been trafficked 
to other countries to work in mines, quarries, and farms. Efforts 
included the provision of food, shelter, medical treatment, and 
subsequent placement in educational and vocational programs. During the 
first 6 months of the year, approximately 500 trafficked children were 
reunited with their families.

    Persons with Disabilities.--The Constitution provides that the 
State should care for persons with disabilities; however, there were no 
legal requirements for the construction or alteration of buildings to 
permit access for persons with disabilities. The Government operated 
few institutions to assist persons with disabilities, and many such 
individuals were forced to beg to support themselves.
    The Labor Code includes provisions to protect the rights of workers 
with disabilities, which were enforced with modest effectiveness during 
the year.
Section 6. Worker Rights
    a. The Right of Association.--The Constitution provides workers 
with the freedom to organize, join unions, and meet, and the Government 
generally respected these rights in practice. The labor force of 
approximately 2 million was engaged primarily in subsistence 
agriculture and other primary sector activities, with only a small 
percentage of the population engaged in the formal (wage) sector. 
Although approximately 75 percent of the wage earners belonged to labor 
unions, a much smaller percentage of workers in the private sector were 
union members.
    The Labor Code prohibits employers from taking union membership or 
activity into account regarding hiring, work distribution, professional 
or vocational training, or dismissal; however, the Government did not 
always enforce these provisions, and there were reports that 
individuals were dismissed for union activity.

    b. The Right to Organize and Bargain Collectively.--The Labor Code 
generally allows workers the freedom to organize and administer their 
own unions. The Labor Code provides for collective bargaining, and 
workers freely exercised these rights. Wages in the private sector were 
set in negotiations between unions and employers. The Government sets 
wages in the public sector by law and regulation. There are no export 
processing zones.
    Strikes were permitted, and workers must provide 3 days advance 
notice; however, the authorities can declare strikes illegal for stated 
causes, such as threatening to disrupt social peace and order, and can 
requisition striking workers to maintain minimum services. Workers 
exercised their right to strike during the year. The Government may not 
prohibit any strike on the grounds that it threatens the economy or the 
national interest. A company may withhold part of a worker's pay 
following a strike. Laws prohibit employer retaliation against 
strikers, and the Government enforced them effectively.
    Teacher strikes, which disrupted schools from the primary through 
university levels, were conducted from August through year's end. In 
some cases, students lost nearly a year of instruction.
    Judicial employees went on strike for 2 months to protest executive 
interference in a carjacking case.

    c. Prohibition of Forced or Compulsory Labor.--The Labor Code 
prohibits forced or compulsory labor, including by children; however, 
there were reports that such practices occurred, and trafficking was a 
problem (see Sections 5 and 6.d.). The law provides for sentences of 
imprisonment involving compulsory labor for certain acts or activities 
related to the exercise of the right of free expression (see Section 
2.a.); no such sentences were imposed during the year.

    d. Prohibition of Child Labor and Minimum Age for Employment.--The 
Labor Code prohibits the employment or apprenticeship of children under 
14 years of age in any enterprise; however, child labor remained a 
problem. The Ministry of Labor enforced the Labor Code in only a 
limited manner (and then only in the formal sector) due to the lack of 
inspectors. To help support their families, children of both sexes--
including those as young as 7 years old--continued to work on rural 
family farms, in small businesses, on construction sites in urban 
areas, in public markets as street vendors, and as domestic servants 
under the practice of vidomegon (see Section 5). A majority of children 
working as apprentices were under the legal age of 14 for 
apprenticeship.
    Some financially desperate parents indentured their children to 
``agents'' recruiting farm hands or domestic workers, often on the 
understanding that wages for the children would be sent to the parents. 
According to press reports, in some cases, these agents took the 
children to neighboring countries for labor (see Section 5). Also, many 
rural children were sent to cities to live with relatives or family 
friends, often on the understanding that in return for performing 
domestic chores, they would receive an education. Host families did not 
always honor their part of the bargain, and the abuse of child domestic 
servants occurred.
    The Government took steps to educate parents and to prevent such 
placing of children in compulsory labor. The Government undertook media 
campaigns, regional workshops, and public pronouncements on child labor 
problems. The Government worked with a network of NGOs and journalists 
to educate the population on the problems of child labor and child 
trafficking.
    The Ministry of Family, in conjunction with the Labor Ministry and 
the Justice Ministry, continued a 2003 program to fight child labor in 
major cities.

    e. Acceptable Conditions of Work.--The Government administratively 
set minimum wage scales for a number of occupations. In 2000, the 
Government raised the minimum wage to approximately $50 (25,000 CFA 
francs) per month. However, the minimum wage did not provide a decent 
standard of living for a worker and family. Many workers had to 
supplement their wages by subsistence farming or informal sector trade. 
Most workers in the wage sector earned more than the minimum wage, 
although many domestics and other laborers in the informal sector 
earned less.
    The Labor Code establishes a workweek of between 40 and 46 hours, 
depending on the type of work, and provides for at least one 24-hour 
rest period per week. Domestic and agricultural workers frequently 
worked 70 hours or more per week. The authorities generally enforced 
legal limits on workweeks in the formal sector.
    The code establishes health and safety standards, but the Ministry 
of Public Service, Labor, and Administrative Reform did not enforce 
them effectively. The law does not provide workers with the right to 
remove themselves from dangerous work situations without jeopardy to 
continued employment. The Ministry has the authority to require 
employers to remedy dangerous work conditions but did not enforce this 
authority effectively.
    The law protects legal foreign workers.

                               __________

                                BOTSWANA

    Botswana is a longstanding multiparty democracy. Constitutional 
power is shared between the President and a popularly elected National 
Assembly. On October 30, Festus Mogae, who has led the Botswana 
Democratic Party (BDP) since 1998, was reelected President in 
parliamentary elections deemed generally free and fair; however, there 
were opposition complaints of unequal access to coverage by state-owned 
television. The BDP, which has held a majority of seats in the National 
Assembly continuously since independence, won 44 of 57 National 
Assembly seats. The Government generally respected the constitutional 
provisions for an independent judiciary; however, a shortage of judges 
resulted in a large backlog of cases.
    The Botswana Defense Force, which is under the control of the 
Defense Council within the Office of the President, has primary 
responsibility for external security, although it assisted with 
domestic law enforcement on a case-by-case basis. The Botswana Police 
Service (BPS) has primary responsibility for internal security. The 
civilian Government maintained effective control of the security 
forces. Some members of the security forces, in particular the police, 
reportedly committed human rights abuses.
    The economy of the country, which had a population of 1.7 million, 
was market oriented with strong encouragement for private enterprise 
through tax benefits. Approximately 32 percent of the labor force 
worked in the informal sector, largely subsistence farming and animal 
husbandry. Rural poverty remained a serious problem, as did a widely 
skewed income distribution. From 2002 to 2003, gross domestic product 
(GDP) grew by 6.7 percent, according to the Bank of Botswana. Diamond 
exports provided approximately 75 percent of export income, 50 percent 
of government revenues, and 33 percent of GDP. The high incidence of 
HIV/AIDS strained government finances and decreased productivity.
    The Government generally respected the human rights of its 
citizens; however, there were problems in several areas. Police 
reportedly beat or otherwise mistreated criminal suspects on occasion 
to obtain evidence or coerce confessions. Prison conditions were poor 
and possibly life threatening. The judicial system did not provide 
timely fair trials due to a serious backlog of cases. The Government 
continued to dominate domestic broadcasting and limited freedom of the 
press. Some citizens, including groups not numbered among the eight 
ethnic groups of the majority Tswana nation, remained marginalized in 
the political process. Violence and discrimination against women 
remained serious problems. Societal discrimination against ethnic San 
(Basarwa) and persons with HIV/AIDS were problems. Child abuse was a 
problem. Trade unions continued to face some legal restrictions, 
including those against the right to strike, and the Government did not 
always ensure that labor laws were observed in practice; however, 
during the year, the Government recognized the right of civil servants 
to organize.
                        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, on March 19, prison officials shot and killed an illegal 
immigrant as he attempted to escape from the Center for Illegal 
Immigrants. Officials reportedly fired 11 warning shots first. The 
shooting triggered a prison riot in which one person was injured 
seriously (see Section 2.d.). The results of a government investigation 
into the incident had not been released by year's end.
    On November 13, police shot and killed a suspected criminal after 
he threatened the officers with a machete in an attempt to escape 
arrest. The fugitive, who was wanted for theft, had escaped from 
custody 4 days earlier.
    b. Disappearance.--There were no reports of politically motivated 
disappearances.
    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The Constitution explicitly prohibits such practices; 
however, there were reports that on occasion, police used beatings and 
other forms of abuse to obtain evidence or elicit confessions. Coerced 
confessions and evidence gathered through coercion or abuse are 
inadmissible in court.
    On September 8, the independent media reported that a group of bank 
employees had filed a suit against the Government alleging that police 
officers had tortured them to extract information in connection with a 
fraud investigation; police denied the allegations. The employees, who 
charged that interrogators had suffocated some suspects with plastic 
bags and stripped, bound, and kicked one suspect, had not filed a 
police report by year's end. No further information was available.
    Customary courts continued to impose corporal punishment in the 
form of lashings on the buttocks, generally against young offenders in 
villages for crimes such as vandalism, theft, and delinquency. During 
the year, the Government denied foreign media charges that illegal 
Zimbabwean immigrants in the country had been subjected to torture and 
killings; however, the Government noted that the law provides for 
corporal punishment and applies it to all, including foreigners and 
citizens of the country.
    Prison conditions remained poor and possibly life threatening. The 
24 prisons across the country had a capacity of 3,870 inmates, but held 
5,864 as of August 27. Overcrowding, which was worse in men's prisons, 
constituted a serious health threat because of the country's high 
incidence of HIV/AIDS and tuberculosis. Rape between inmates occurred. 
During the first 8 months of the year, 47 detainees died following long 
illnesses, according to the Government. HIV/AIDS testing and the U.N. 
Development Program (UNDP) peer counseling were available to all 
prisoners; however, prison officials still lacked reliable statistics 
on the HIV infection rate within the prison population. The Prison 
Commissioner has the authority to release terminally ill prisoners who 
are in the last 12 months of their sentences and to allow citizen 
prisoners with sentences of 12 months or less to perform ``extramural'' 
labor. From January through August, the Government released 587 
prisoners under the extramural labor program. Foreign prisoners were 
required to serve their entire sentences.
    The Prisons Act makes it illegal for prison officials to mistreat 
prisoners. The Department of Prisons is required to forward to police 
allegations of the mishandling of prisoners by prison officials.
    The March 19 shooting to death by prison guards of an inmate 
attempting to escape triggered a riot that resulted in injuries (see 
Section 1.a.).
    Men were held separately from women, and juveniles generally were 
held separately from adults; however, some juveniles were held with 
adult prisoners due to overcrowding or requests by family members to 
facilitate visitation. Pretrial detainees were held in the same 
facilities as convicted prisoners. The planned opening during the year 
of a new juvenile prison did not occur because of construction delays.
    The Prisons Act provides for a governmental visiting committee for 
each prison, the members of which are appointed by the Minister of 
Labor and Home Affairs. Members of these committees serve 3-year terms, 
must visit their prison four times a year, and issue a report both to 
the Commissioner of Prisons and the Minister of Labor and Home Affairs. 
These reports generally were not released to the public. During the 
year, the committees visited each prison quarterly.
    The Prisons Act grants relatives, lawyers, magistrates, and church 
organizations the right to visit prisoners for ``rehabilitative 
purposes''; however, the Commissioner of Prisons has the authority to 
decide whether domestic and international human rights organizations 
may visit. Independent monitoring of prison conditions by human rights 
groups, the media, or the International Committee of the Red Cross 
(ICRC) generally was allowed if these organizations sought permission 
from the Commissioner of Prisons. However, following the March 29 
shooting of an inmate attempting to escape from the Center for Illegal 
Immigrants, the Botswana Center for Human Rights was denied permission 
to visit due to an ongoing investigation of the incident; a delegation 
of EU ambassadors subsequently visited the Center. The ICRC visited 
some prisons in September.
    d. Arbitrary Arrest or Detention.--The Constitution prohibits 
arbitrary arrest and detention, and the Government generally observed 
these prohibitions in practice.
    There were approximately 7,000 police officers in the country. 
National and local police do not generally carry firearms. Corruption 
was not common, and impunity generally was not a problem. According to 
the Government, 32 police officers were convicted of various criminal 
acts during the year: 5 were discharged for discreditable conduct, 3 
were reprimanded for the same offense, and 7 were charged with official 
corruption during the year.
    Suspects must be informed of their legal rights upon arrest, 
including the right to remain silent. Detainees must be charged before 
a magistrate within 48 hours. A magistrate may order a suspect held for 
14 days through a writ of detention, which may be renewed every 14 
days. Detainees have the right to contact a family member and to hire 
attorneys of their choice, but in practice, most were unable to afford 
legal counsel. Poor police training and poor communications in rural 
villages made it difficult for detainees to obtain legal assistance, 
and authorities did not always follow judicial safeguards. The 
Government did not provide counsel for the indigent, except in capital 
cases. Most citizens charged with noncapital offenses were released on 
their own recognizance; some were released with minimal bail. Detention 
without bail was highly unusual, except in murder cases, where it is 
mandatory. Incommunicado detention was rare, except for prisoners 
awaiting execution. Constitutional protections were not applied to 
illegal immigrants, although the constitutionality of denying them due 
process has not been tested in court.
    Pretrial detention was prolonged in numerous cases. The average 
wait in prison between the filing of charges and the start of a trial 
was approximately 6 months. The Government attempted to alleviate the 
backlog of cases by temporarily hiring more judges; however, the 
backlog of cases persisted.
    e. Denial of Fair Public Trial.--The Constitution provides for an 
independent judiciary, and the Government generally respected this 
provision in practice.
    The judiciary consists of both a civil court (including 
magistrates' courts, a High Court, and a Court of Appeal) and a 
customary (traditional) court system.
    The law provides for the right to a fair trial; however, the civil 
courts remained unable to provide timely, fair trials due to severe 
staffing shortages and a backlog of pending cases. Most trials in the 
regular courts were public, although trials under the National Security 
Act may be held in secret. There was no jury system. Those charged with 
noncapital crimes were tried without legal representation if they could 
not afford an attorney. As a result, many defendants were not informed 
of their rights in pretrial or trial proceedings. There is a 
presumption of innocence, and defendants have the right to appeal. The 
Botswana Center for Human Rights provided free legal services, but its 
capacity was limited. The University of Botswana Legal Assistance 
Center provided free legal services in civil, but not criminal, 
matters.
    On October 6, the two San convicted of a 1995 murder appeared 
before the High Court to seek a stay of execution; the Court had not 
rendered a decision by year's end.
    Most civil cases were tried in customary courts, under the 
authority of a traditional leader. These courts handled minor offenses 
involving land, marital, and property disputes. Foreigners may be tried 
in customary courts. In customary courts, the defendant does not have 
legal counsel, and there were no precise rules of evidence. Tribal 
judges, appointed by the tribal leader or elected by the community, 
determine sentences, which may be appealed through the civil court 
system. The quality of decisions reached in the customary courts varied 
considerably. In some cases, tribal judges may mete out sentences such 
as public lashings (see Section 1.c.). In communities where chiefs and 
their decisions were respected, plaintiffs tended to take their cases 
to the customary court; otherwise, persons sought justice in the civil 
courts.
    There is a military court system; civilians are not tried in 
military courts.
    There were no reports of political prisoners.
    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The Constitution prohibits such actions, and the 
Government generally respected these prohibitions in practice; however, 
in 2002, the Government forcibly resettled the San out of the Central 
Kalahari Game Reserve (CKGR). Government officials maintained that the 
resettlement program was voluntary and necessary to reduce the cost of 
providing public services and to minimize human impact on wildlife. The 
Government made no effort to relocate the few San who returned to the 
CKGR. At year's end, ethnic San remained in resettlement sites after 
the Government forced them to abandon their ancestral communities 
within the CKGR in 2002 (see Section 5).
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and the Press.--The Constitution provides for 
freedom of speech and of the press, and the Government generally 
respected freedom of speech in practice; however, the Government 
attempted to limit freedom of the press and continued to dominate 
domestic broadcasting. The Government occasionally censored stories or 
news sources that it deemed undesirable. The Government did not 
restrict academic freedom.
    The Botswana Press Agency, owned and operated by the Government, 
provided most of the information found in the media through the Daily 
News newspaper (distributed nationwide at no cost) and two FM radio 
stations, Radio Botswana and Radio Botswana 2. News coverage in the 
state-owned media generally supported government policies and actions. 
The Daily News also published general coverage of current events and 
issues and included a second front page in Setswana, the most commonly 
spoken language.
    The independent press was small but vigorous and had a long 
tradition of candid discourse. Reporters actively covered the political 
arena and frequently criticized the Government and the President 
without fear of closure. The circulation of privately owned print media 
continued to be limited primarily to the main cities and towns: 8 
privately owned weekly newspapers and 1 daily newspaper were published 
in Gaborone; 1 privately owned weekly newspaper was published in 
Francistown; and 11 privately owned monthly magazines were published 
nationally.
    Radio remained the most important medium of public communication. 
Two private radio stations, Yarona FM and Gabz FM, broadcast in 5 of 
the country's 10 largest towns; state-owned radio continued to be the 
only domestic radio service broadcasting to the entire country. The law 
provides for the issuance of broadcast licenses to private companies 
and provides copyright protection of broadcast material; the autonomous 
National Broadcasting Board (NBB) granted the licenses routinely. On 
December 21, the NBB licensed state-owned Radio Botswana.
    BTV broadcast south from Gaborone to Lobatse, north to Serowe and 
Francistown, and was scheduled to be available throughout the country 
within a few years.
    The privately-owned Gaborone Broadcasting Company (GBC) broadcast 
mostly foreign programming and was the only other television station 
operating in the country. GBC broadcasts reached viewers only in the 
capital area.
    Independent radio and television broadcasts from neighboring South 
Africa were received easily in border areas. Satellite television from 
a South African-based company was available readily, although its cost 
prevented many persons from subscribing to the service.
    During the year, the media and opposition parties charged that the 
Government pressured state-owned media to minimize coverage of 
opposition parties.
    In November 2003, Minister of Communication, Science, and 
Technology Boyce Sebetela announced that due to resource constraints, 
BTV would restrict coverage of campaign events. BTV subsequently 
covered any event at which the President or Vice President presided, 
including campaign events, which prompted opposition criticism of 
inequitable access to the media. As a result of the criticism, BTV 
expanded its coverage to include all presidential candidates.
    During the year, Radio Botswana cancelled a program that reviewed 
lead stories carried by independent newspapers each morning. The 
Government charged that the radio program was ``unsustainable''; 
however, journalists attributed the cancellation to Minister Sebetela's 
desire to ensure BDP-friendly programming.
    The Government's November 2003 suspension of Masa-a-sele, a radio 
call-in program, remained in effect at year's end; the Government cited 
the program's content and use of profanity as the reason for the 
suspension.
    Government officials sometimes complained of bias in the private 
press; however, government officials and other public figures have 
recourse to the courts if they believe that they have been libeled. 
Libel is a civil law matter; there are no criminal libel laws.
    The Government did not restrict Internet usage.
    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 these 
rights, and the Government generally respected them in practice.
    In 2002, the Government required the San to relocate from the CKGR 
to one of three designated settlements outside of the reserve (see 
Sections 1.f. and 5). Visitors to the Reserve, including relocated 
former residents, had to register with Department of Wildlife officials 
to obtain a permit to enter the CKGR. Estimates of the San population 
within the Reserve varied between 50 and 200 as members of the 
community moved in and out of the CKGR during the year.
    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 generally provided protection against refoulement, the 
return of persons to a country where they feared persecution, and 
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 also provided temporary protection to 
approximately 550 individuals who may not qualify as refugees under the 
1951 Convention/1967 Protocol.
    The Government held newly arrived refugees and asylum seekers in 
the Center for Illegal Immigrants in Francistown until the Refugee 
Advisory Committee, a governmental body whose Chairperson is the 
District Commissioner of Francistown, interviewed them; UNHCR was 
present with observer status at such interviews. Once persons were 
granted refugee status, the Government transferred them to the Dukwe 
Refugee Camp until their resettlement or voluntary repatriation. 
Refugee applicants who were unsuccessful in obtaining asylum also were 
allowed to remain at Dukwe until the Government referred their cases to 
the UNHCR for resettlement.
    As of August, the Center for Illegal Immigrants, which has a 
capacity of 504, held 236 illegal immigrants. The UNHCR opposed the 
detention of asylum seekers at the Center on the grounds that asylum 
seekers should not be held in detention facilities. Concern about 
conditions increased after the March 19 shooting of an illegal 
immigrant as he tried to escape, reportedly because he had been 
detained without a hearing for much longer than the 28 days mandated by 
law (see Section 1.a.).
    During the year, approximately 4,800 illegal immigrants from 
Zimbabwe were repatriated each month. Unlike during the previous year, 
there were no reports that security forces used excessive force in 
repatriating Zimbabweans. The few Zimbabweans who requested asylum or 
refugee status were allowed to apply for official status.
    At year's end, there were more than 3,000 refugees at Dukwe, 
primarily from Namibia, Angola, and Somalia. Refugees are permitted to 
reside outside Dukwe Refugee Camp with a permit from the Office of the 
President. An estimated 500 refugees, including a number of students, 
were living elsewhere in the country.
    The Government, UNHCR, and the Government of Angola signed a 
tripartite repatriation agreement during the year to facilitate the 
voluntary return of an estimated 1,200 Angolan refugees living in Dukwe 
camp; the registration process for the refugees was ongoing at year's 
end. By year's end, 60 families had returned to Angola; another 153 
individuals had registered for repatriation.
    The country continued to host approximately 1,200 refugees from the 
Caprivi Strip in neighboring Namibia. Many were associated with the 
Caprivian separatist movement. Unlike in the previous year, none chose 
to be voluntarily repatriated.
    In February, the Namibian High Court ordered the release of 13 of 
the 120 detainees charged with treason; the Judge ruled that their 
extradition from Botswana and Zambia did not conform to the extradition 
procedures in either country. The suspects were subsequently released 
and rearrested on the same charges. In July, the Namibian Supreme Court 
overturned the High Court's decision; criminal proceedings for all 120 
were scheduled to resume in January 2005.
    In July, the Court of Appeal ruled against the Namibian 
Government's request to have 13 alleged Caprivi secessionists 
extradited to face charges of murder and high treason. During the year, 
2 of these individuals died of natural causes; the remaining 11 were 
being held at the Center for Illegal Immigrants while the UNHCR 
reviewed their refugee claims.
    The seven refugees who were arrested on related charges of high 
treason in Namibia after being forcibly returned from the country in 
December 2003 remained in detention at year's end; their trial was 
scheduled for early 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, free, and fair elections held on the basis of 
universal adult (18 years of age) suffrage. The President is elected by 
the National Assembly and is limited to two 5-year terms in office. The 
BDP has held a majority of seats in the National Assembly and has 
controlled the presidency continuously since independence. Membership 
in the dominant BDP conferred some advantages, mostly in the form of 
government employment or provision of government services, such as 
water and utilities.
    On October 30, National Assembly elections were held: The BDP 
increased its majority to 44 of 57 seats; the Botswana National Front 
(BNF) won 12 seats; and the Botswana Congress Party (BCP) won 1 seat. 
Redistricting prior to the parliamentary elections increased the number 
of competitive seats in the National Assembly from 44 to 57; 4 
additional members are appointed by the President, bringing the total 
number of National Assembly seats to 61. The elections generally were 
regarded as free and fair by domestic and international observers; 
however, BDP candidates had preferential access during much of the 
campaign to state-owned television. Reports of large anonymous campaign 
contributions to the ruling party, particularly by international 
diamond interests, resulted in public calls for greater transparency in 
political party funding.
    The House of Chiefs, an advisory body with limited powers, was 
restricted constitutionally to the eight principal ethnic groups of the 
majority Tswana ethnic group and four elected chiefs representing 
smaller ethnic groups, including the Bakalanga, Balozi, Hambukushu, and 
Bakgalagadi; other groups such as the San, Ovaherero, or Bayei 
consequently were not represented. Given the limited authority of the 
House of Chiefs, the impact of excluding other groups of citizens 
largely was symbolic, but some nonethnic Tswana viewed it as important 
in principle. No action to change this policy had been taken by year's 
end.
    There were 14 local councils, but they had no fiscal autonomy and 
relied on the central Government for revenue.
    During the year, the Government continued its efforts to combat 
public corruption. On August 13, the Judicial Commission of Inquiry 
into State Land Allocations published a report that found numerous 
irregularities in the allocation of public land.
    On September 22, the Directorate on Corruption and Economic Crime 
(DCEC) marked its 10th anniversary with a 2-day conference on 
corruption and how to combat it. Participants openly debated whether 
the DCEC was sufficiently independent, how to institute transparency in 
political party funding, and how to ensure that prominent persons in 
the public and private sectors were not exempt from prosecution for 
corrupt practices.
    There are no laws that compel the Government to disclose 
information to the public upon request.
    There were 7 women in the 61-seat National Assembly, 5 women in the 
19-seat Cabinet, and 3 female justices in the 13-seat High Court. In 
2003, the first woman in the country's history was elected chairperson 
of the House of Chiefs, and another woman became regent of the Batawana 
tribe.
    The Constitution recognizes only the eight principal ethnic groups 
of the Tswana nation; however, members of ethnic groups not recognized 
in the Constitution participated actively in the Government, 
particularly members of the Kalanga and Bakalagadi ethnic groups. 
During the year, 17 members of minority ethnic groups held seats in the 
National Assembly, and 8 held seats 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, 
including the Botswana Center for Human Rights, 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 Government cooperated with the UNHCR and UNICEF, as well as 
other international organizations, and the ICRC visited during the year 
(see Section 1.c.).
    There is an independent, autonomous ombudsman who handles human 
rights and other issues; the Government generally cooperated with the 
ombudsman.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The Constitution prohibits governmental discrimination on the basis 
of ethnicity, race, nationality, creed, sex, or social status, and the 
Government generally respected these provisions in practice. However, 
neither the Constitution nor the law prohibits discrimination by 
private persons or entities. There was societal discrimination against 
women, persons with disabilities, persons with HIV/AIDS, and minority 
ethnic groups, particularly the San, who lived in remote locations 
where access to education, public services, employment, and land is 
extremely limited.
    Women.--The law does not prohibit domestic violence against women, 
and it remained a serious problem. Under customary law and in common 
rural practice, men have the right to ``chastise'' their wives. Greater 
public awareness and improved legal protection have resulted in 
increased reporting of domestic violence and sexual assault; however, 
police rarely were called to intervene in such cases. During the year, 
the Police Service took steps to increase privacy at police stations to 
encourage victims of domestic abuse to report such incidents.
    Rape was another serious problem, especially given the high 
incidence of HIV/AIDS. During the year, 1,386 incidents of rape were 
reported. By law, the minimum sentence for rape is 10 years increasing 
to 15 years with corporal punishment if the offender is HIV-positive, 
and to 20 years with corporal punishment if the offender knew his or 
her HIV-positive status. A person convicted of rape is required to 
undergo an HIV test before being sentenced; however, the test did not 
determine if the person was HIV positive at the time of the crime. 
Police lacked basic investigative techniques in rape cases. The law 
does not address marital rape; however, in August 2003, a magistrate 
dismissed a case of alleged marital rape on the grounds that the 
marriage contract implies consent, making rape impossible unless a 
husband and wife were legally separated. The plaintiff, who had sought 
refuge in a women's shelter, had been abducted and raped repeatedly by 
her husband.
    Prostitution is illegal but was widespread throughout the country.
    Sexual exploitation and harassment continued to be problems with 
men in positions of authority, including teachers, supervisors, and 
older male relatives who pressured women and girls to provide sexual 
favors.
    Women legally enjoyed the same civil rights as men; however, in 
practice, societal discrimination persisted. A number of traditional 
laws enforced by tribal structures and customary courts restricted 
women's property rights and economic opportunities. A woman married 
under traditional law or in ``common property'' was held to be a legal 
minor and required her husband's consent to buy or sell property, apply 
for credit, and enter into legally binding contracts. Under the law, 
women married under an intermediate system, referred to as ``in 
community of property'', were permitted to own immovable property in 
their own names. Moreover, the law also stipulates that neither spouse 
can dispose of joint property without the written consent of the other 
party. Women increasingly exercised the right to marriage ``out of 
common property,'' in which case they retained their full legal rights 
as adults. Discrimination against women was most acute in rural areas, 
where women engaged primarily in subsistence agriculture had few 
property rights. Polygyny was legal under traditional law with the 
consent of the first wife, but it rarely was practiced.
    The Government and local nongovernmental organizations (NGOs) 
focused on constructive methods to address discrimination against women 
in the areas of marital power, legal disabilities, and proprietary 
consequences of marriage under common law, customary law, and the 
Married Persons Property Act. On December 8, the President signed into 
law the Abolition of Marital Powers Act, which established equality of 
control over the joint estates of marriages and equal guardianship of 
parents over minor children. The Act also removes the domicile of 
husbands and fathers as the grounds for establishing the domicile for 
wives and minor children. Marriage laws set the marriage age for men 
and women at 18 years.
    Well-trained urban women had growing entry- and mid-level access to 
white collar jobs, but the number of opportunities decreased sharply as 
they rose to senior management.
    Young women did not have access to military training.
    The Government and NGOs met regularly to implement the long-term 
plan of action described in the National Policy on Women. The Women's 
Affairs Department helped support a number of NGOs during the year, and 
the Department provided financial assistance for legal aid in cases of 
domestic violence and defilement.
    Children.--The rights of children are addressed in the Constitution 
and the Children's Act, and the Government remained committed to the 
protection of these rights. The Government continued to allocate the 
largest portion of its operating expenditures to the Ministry of 
Education and the second largest portion to the Ministry of Local 
Government, which distributed books, food, and materials for primary 
education. Under the law, the country has a court system and social 
service apparatus designed solely for juveniles.
    During the year, the Government expanded its provision of free 
primary education for children from 7 years to 10 years, although 
attendance was not compulsory. Approximately 88 percent of children 
attended school, and approximately 30 percent completed secondary 
school, according to the Government. Girls and boys attended school at 
similar rates. School attendance and completion rates were highest in 
urban areas and lowest in remote rural areas, especially those 
inhabited chiefly by the San. The literacy rate was 81 percent: 82 
percent for females and 80 percent for males.
    UNAIDS estimated that 37.4 percent of persons between the ages of 
15 and 49 were infected with HIV/AIDS. UNICEF reported there were 
approximately 112,000 orphans in the country, due largely to deaths 
from HIV/AIDS; however, 28 percent of babies born from HIV positive 
mothers were protected from the virus, largely as a result of the 
Prevention of Mother to Child Transmission Program. As of December, the 
Government had registered approximately 47,000 orphans. Once 
registered, orphans may receive food baskets and school uniforms. Many 
children, mostly believed to be orphans, became beggars in urban areas, 
and some became prostitutes. Relatives continued to deny inheritance 
rights to orphans.
    Sexual abuse of students by teachers was a problem. Reports of rape 
and sexual assault of young women and cases of incest and defilement of 
young girls appeared with greater frequency in the news. The increasing 
number of HIV/AIDS orphans contributed to an increase in incest. The 
law considers incest a punishable act only if it occurs between blood 
relatives, leaving children unprotected from incestuous acts performed 
by step parents, caregivers, and the extended family. The age of sexual 
consent was 16. Child prostitution and pornography were criminal 
offenses, and the law stipulates a 10-year minimum sentence for 
defilement of persons under 16 years of age. In view of the belief held 
by some persons in southern Africa that intercourse with a virgin was a 
cure for HIV/AIDS, intergenerational sex (sexual relations between 
older men and girls) and the problems of teenage pregnancy caused by 
older men continued to receive extensive media attention during the 
year.
    There were reports of child labor (see Section 6.d.).
    Trafficking in Persons.--The law does not prohibit trafficking in 
persons, although penal code provisions cover such related offenses as 
abduction and kidnapping, slave trafficking, compulsory labor, and 
procuring women and girls for the purpose of prostitution; however, 
there were unconfirmed reports that women were trafficked through the 
country to other destinations. During the year, there were reports that 
poor rural children were taken from their homes under false pretenses 
and forced to work as maids or cattle herders. There were reports that 
some children who were orphaned by HIV/AIDS became prostitutes in urban 
areas (see Section 5, Children). Traffickers charged with kidnapping or 
abduction could be sentenced to 7 years' imprisonment.
    During the year, the Government took steps to develop a national 
plan of action to address trafficking. In February, the Government and 
UNICEF established a task force on trafficking chaired by the police, 
and the Ministry of Foreign Affairs and International Cooperation 
convened a meeting on trafficking with other government agencies, NGOs, 
and foreign diplomats. Local police in cooperation with their South 
African counterparts continued an intensive program to increase border 
controls.
    Persons with Disabilities.--There was some discrimination against 
persons with disabilities, and employment opportunities remained 
limited. The Government has a national policy that provides for 
integrating the needs of persons with disabilities into all aspects of 
government policymaking; however, the Government did not mandate access 
to public buildings or transportation for persons with disabilities. 
The Government funded NGOs that provided rehabilitation services and 
supported small-scale work projects by workers with disabilities.
    Indigenous People.--The San, who now chiefly inhabit the Kalahari 
Desert, are the earliest known inhabitants of the country. They were 
linguistically, culturally, and often morphologically distinct from the 
rest of the population; however, they were not a homogenous group. The 
San remained economically and politically marginalized, have lost 
access to their traditional land in fertile regions of the country, and 
were vulnerable to exploitation by their non-San neighbors. Their 
isolation, ignorance of civil rights, and lack of political 
representation have stymied their progress. The estimated 52,000 to 
65,000 San represented approximately 3 percent of the country's 
population. Although the San traditionally were hunter-gatherers, most 
employed San worked as agricultural laborers on cattle ranches that 
belonged to other ethnic groups. During the year, a substantial 
proportion of the San resided in government-created Remote Area Dweller 
settlements and subsisted on government social welfare benefits.
    The colonial government established the 20,000-square-mile CKGR in 
1961 to protect the food supply of some San groups still pursuing a 
subsistence hunter-gatherer livelihood; however, by 2001, the 
Government delivered an ultimatum declaring that all residents of the 
CKGR would be removed and relocated. The Government continued to 
provide the San with water, healthcare services, and old age, orphan, 
and destitute benefits until January 2002, when all public services 
were terminated, and subsistence hunting licenses were revoked. In 
April 2002, the Government forcibly resettled all San from the CKGR to 
the government-created settlement areas of Kaudwane, New Xade, and 
Xere. The San continued to struggle with the lack of services and 
opportunities in the relocation areas, and a few have moved back into 
the CKGR. Settlement sustainability was threatened by the lack of 
employment opportunities and rampant alcohol abuse. San groups have 
called for the Government to recognize their land use system and to 
grant them land rights.
    On July 12, the High Court began hearing a case filed by the First 
People of the Kalahari, an NGO representing the San, against the 
Government to challenge the constitutionality of the Government's 
removal of the San from the CKGR into settlements. The case, which the 
Government announced it would appeal should it lose, was scheduled to 
resume in January 2005.
    President Mogae announced during that year that residents of the 
CKGR were ``allowed to hunt inside the CKGR provided they hunt by 
traditional means, i.e., hunting on foot using bows and arrows.'' San 
who moved out of the CKGR were not allowed to hunt there; however, they 
were allowed to obtain free Special Game Licenses to hunt in designated 
areas outside of the CKGR. During the year, 74 such permits were issued 
to residents of New Xade; however, game was scarce in those areas, and 
few San used the licenses.
    A number of NGOs have made efforts to promote the rights of 
indigenous people; however, the programs have had limited impact.
    Other Societal Abuses and Discrimination.--There was strong 
societal discrimination against persons with HIV/AIDS. In the past, 
some employers fired HIV-positive employees after learning of their 
status; however, there were no reports of such activities during the 
year, according to the Botswana Business Council on HIV/AIDS. On 
February 26, the Botswana Building Society (BBS) announced that it 
would no longer require HIV testing as a condition of employment; in 
October 2003, a BBS employee sued her employer for terminating her 
services after she refused to undergo an HIV test.
    The Government funded community organizations that ran programs to 
reduce the stigma of HIV/AIDS. President Mogae, who has repeatedly 
encouraged senior government officials to speak out about HIV/AIDS, 
announced publicly in 2003 that he tested negative for HIV.
    The law prohibits homosexuality.
Section 6. Worker Rights
    a. The Right of Association.--The Constitution provides for the 
right of workers' association, and during the year, the Government 
extended this right to government employees, the only group that had 
been excluded in the past from joining or organizing unions of their 
own choosing. The industrial or wage economy was small, and unions were 
concentrated largely in mineral extraction and to a lesser extent in 
the railway and banking sectors.
    During the year, the President signed a law that rescinded a former 
government requirement that elected union officials work full-time in 
the industry of their union representation.
    Workers may not be fired for union-related activities. Dismissals 
on other grounds may be appealed to civil courts or labor officers, 
which rarely ordered more than 2 months' severance pay.
    b. The Right to Organize and Bargain Collectively.--The 
Constitution provides for collective bargaining for unions that have 
enrolled 25 percent of a labor force; however, only the mineworker and 
diamond sorter unions had the organizational strength to engage in 
collective bargaining. The country has only one export processing zone, 
and it was subject to the same labor laws as the rest of the country.
    The law severely restricts the right to strike. Legal strikes 
theoretically are possible only after an exhaustive arbitration 
process. Sympathy strikes are prohibited.
    On August 22, approximately 1,500 members of the Botswana Mine 
Workers Union (BMWU) went on strike to protest compensation, the use of 
expatriate labor, and the pressuring by management of union officials. 
The Industrial Court ruled the strike illegal, and on September 6, the 
strikers returned to work.
    c. Prohibition of Forced or Compulsory Labor.--The Government does 
not prohibit forced and compulsory labor, including by children; 
however, there were no reports that such practices occurred.
    d. Prohibition of Child Labor and Minimum Age for Employment.--
Child labor is addressed in the Children's Act; however, some child 
labor occurred. Only an immediate family member may employ a child age 
13 or younger, and no juvenile under age 14 may be employed in any 
industry without permission from the Commissioner of Labor. No 
organization has petitioned the Commissioner for such permission. Only 
persons over age 16 may be hired to perform night work, and no person 
under age 16 is allowed to perform hazardous labor, including mining.
    District and municipal councils had child welfare divisions, which 
were responsible for enforcing child labor laws; however, no systematic 
investigation has occurred. The Labor Commissioner; officials of the 
Ministry of Local Government, Lands, and Housing; and UNICEF generally 
agreed that child labor was limited to young children in remote areas 
who worked as cattle tenders, domestic laborers, and child care 
providers. Childline, a child welfare organization, received 25 reports 
of child labor during the year.
    The law provides that adopted children may not be exploited for 
labor and protects orphans from exploitation or coercion into 
prostitution; however, HIV/AIDS has resulted in numerous orphans who 
were forced to leave school to care for sick relatives and who were 
vulnerable to such exploitation.
    e. Acceptable Conditions of Work.--The minimum hourly wage for most 
full-time labor in the private sector was $0.64 (2.9 pula), which did 
not provide a decent standard of living for a worker and family. The 
Cabinet determined wage policy based on recommendations made by the 
National Economic, Manpower, and Incomes Committee, which consists of 
government, BFTU, and private sector representatives. The Ministry of 
Labor was responsible for enforcing the minimum wage, and each of the 
country's districts had at least one labor inspector. Civil service 
disputes were referred to an ombudsman for resolution. Private labor 
disputes were mediated by labor commissioners; however, an insufficient 
number of commissioners resulted in 1- to 2-year backlogs in resolving 
such disputes.
    Formal sector jobs generally paid well above minimum wage levels. 
Informal sector employment, particularly in the agricultural and 
domestic service sectors, where housing and food were included, 
frequently paid below the minimum wage. There was no mandatory minimum 
wage for domestic workers, and the Ministry of Labor did not recommend 
a minimum wage for them.
    The law permits a maximum 48-hour workweek, exclusive of overtime, 
that is payable at time and a half for each additional hour. Most 
modern private sector jobs had a 40-hour workweek; however, the public 
sector had a 48-hour workweek.
    The law provides that workers who complain about hazardous 
conditions may not be fired; however, the Government's ability to 
enforce its workplace safety legislation remained limited by inadequate 
staffing and unclear jurisdictions among different ministries. 
Nevertheless, employers generally provided for worker safety, with an 
occasional exception in the construction industry.
    Illegal immigrants from poorer neighboring countries, primarily 
Zambians and Zimbabweans, were exploited easily in labor matters, since 
they would be subject to deportation if they filed grievances against 
their employers.

                               __________

                              BURKINA FASO

    Burkina Faso is a parliamentary republic. President Blaise Compaore 
continued to dominate the Government of the Fourth Republic, assisted 
by members of his party, the Congress for Democracy and Progress (CDP), 
despite gains made by the opposition in the 2002 legislative elections. 
In 1998, President Compaore was reelected to a second 7-year term with 
88 percent of the vote. International observers considered the 2002 
legislative elections to have been substantially free and fair, 
although a collective of 14 local nongovernmental organizations (NGOs) 
cited voter list irregularities and cases of fraud. The judiciary was 
subject to executive influence and corruption.
    The security apparatus consists of the armed forces and the 
gendarmerie, which are controlled by the Ministry of Defense; the 
national police, controlled by the Ministry of Security; and the 
municipal police, controlled by the Ministry of Territorial 
Administration. The Presidential Guard is an autonomous security force, 
although technically it is subject to the jurisdiction of the armed 
forces and part of the army. The civilian authorities maintained 
effective control of the security forces. Some members of the security 
forces committed serious human rights abuses.
    The economy was market-based; an estimated 85 percent of the 
population of approximately 12.2 million engaged in subsistence 
agriculture. A locust outbreak in August severely damaged the grain 
harvest in the northern provinces. Frequent drought, limited 
communication and transportation infrastructures, and a 77 percent 
illiteracy rate were longstanding problems. The Government's 
antipoverty strategy to open the economy to market forces while 
shifting resources to the education and health sectors continued during 
the year. Gross national product per capita was $375.
    The Government's human rights record remained poor; although there 
were some improvements in a few areas, serious problems remained. The 
continued dominance of President Compaore and his ruling party limited 
citizens' right to change their government. Security forces were 
responsible for some killings of criminal suspects; however, there were 
fewer reports of such killings than in previous years. Security forces 
continued to torture and abuse detainees, although there were fewer 
such cases than in previous years. Prison conditions remained harsh. 
Arbitrary arrest and detention were problems, and authorities on 
occasion did not provide detainees with due process. Impunity remained 
a problem. Unlike in the previous year, authorities did not restrict 
the media; however, at times, journalists practiced self-censorship. 
Police used violence to disperse meetings and demonstrations. Violence 
and discrimination against women, including female genital mutilation 
(FGM); violence against children; child labor; and child trafficking 
continued to be problems. The Government continued to take steps to 
combat FGM, child labor, and trafficking in persons. Social 
discrimination against persons with disabilities was widespread. Mobs 
killed or beat criminal suspects 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 
politically motivated killings by the Government or its agents; 
however, security forces were responsible for the deaths of criminal 
suspects and detainees, although fewer than in the previous year.
    On February 1, Badolo Wango was tortured and died in Koudougou 
prison, Boulkiemde Province, after an unsuccessful escape attempt. Four 
of the prison guards accused in his death were removed from their post, 
arrested, and jailed; however, the four were subsequently released on 
bail, and no further action had been taken by year's end.
    On April 4, the Burkinabe Movement for Human Rights (MBDHP) 
reported that security forces were responsible for the deaths of two 
unidentified criminal suspects whose bodies had been found near the 
road to Tougouri, Sanmatenga Province; the victims apparently had been 
shot to death. The MBDHP, the country's largest human rights 
organization and a vocal critic of the Government, demanded an 
investigation; however, no action had been taken by year's end.
    On July 25, Pitroipa Yemdaogo died after being detained for 
approximately 6 months at the House of Arrest and Correction of 
Ouagadougous; Yemdaogo was arrested in Ghana on February 25 for 
suspected involvement in the killing of three policemen in Zaogho, 
Kouritenga Province, and subsequently repatriated. Authorities had 
given no official reason for Yemdaogo's death by year's end; however, 
some human rights NGOs suspected his death was the result of abuse.
    No action was taken during the year against security forces 
believed to be responsible for the 2003 executions of 6 men in Godin, 
Boulkiemde Province and 12 men in Fada N'Gourma or in the 2003 killings 
of 18 criminal suspects or of 4 persons who died under suspicious 
circumstances following incarceration or contact with security forces.
    There were no developments in any of the 2002 cases of killings by 
security forces.
    On June 22, a trial was conducted in the 1999 killing by police in 
Banfora, Camoe Province, of Mamadou Kone, who was shot after striking 
two policemen during an escape attempt. Dabila Ouattara, one of the 
policemen accused in the case, was acquitted; however, the court 
ordered the Government to pay Kone's family approximately $176,000 
(100.3 million CFA francs) in compensation.
    Societal violence resulted in deaths during the year. On April 30, 
conflict between the residents of Sigle county seat and Tiemnore 
village, Boulkiemde Province, resulted in the death of Urbain Sibnoaga 
Gansore from Sigle. Police subsequently charged and detained Arsene 
Kabore of Tiemnore with the killing. In revenge for the killing of 
Gansore, residents of Sigle looted the police station and beat Kabore 
to death. Police arrested and detained 10 persons, who subsequently 
were released on bail and awaiting trial at year's end.
    On June 29 and 30, a land use conflict between Gourmantches farmers 
and Fulani herders from the village of Balere resulted in the deaths of 
10 Fulani cattle herders; approximately 15 farmers from the Gourmantche 
and Zaosse ethnic groups were arrested, and an investigation was 
ongoing at year's end. Farmers have traditionally accused herders of 
destroying scarce farmland.
    On November 30 and December 1, in Po county seat, another land use 
conflict between Kassena farmers of the Gourunsi ethnic group and 
Fulani herders resulted in the death of a Fulani herder, the injuring 
of another, the displacement of hundreds of Fulanis, and the 
destruction of Fulani houses and property. Police arrested 15 Kassena 
farmers, who were awaiting trial at year's end.
    There were no results in the investigation of the November 2003 
killing of Assami Tonde, who reportedly had trespassed on sacred ground 
prior to a traditional ceremony; Tonde was allegedly beaten to death by 
the retainers of the Naaba Kiiba of Yatenga, a traditional chieftain. 
There were no further developments.

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

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The law prohibits such practices; however, members of the 
security forces continued to abuse persons, and suspects were 
frequently subjected to beatings and threats and sometimes torture to 
extract confessions. Abuse by security forces resulted in deaths (see 
Section 1.a.).
    The Government took no known disciplinary action against those 
responsible for abuses, and the climate of impunity created by the 
Government's failure to prosecute abusers remained the largest obstacle 
to ending abuses.
    On June 6, police arrested, stripped naked, and beat with rubber 
batons 11 residents of Yako, Passore Province for allegedly instigating 
riots and assaulting a detainee in the Yako jail; the 11 were 
subsequently released on bail. No action had been taken against the 
police by year's end.
    Police beat persons during demonstrations (see Section 2.b.).
    There were no developments in the 2002 case in which soldiers beat 
police and civilians in the town of Kaya.
    Prison conditions were harsh and could be life threatening. The 
federal prison in Bobo-Dioulasso, built in 1947, housed approximately 
900 prisoners, although it was designed to hold less than half that 
number. The prison diet was poor, and inmates often relied on 
supplemental food from relatives. There were separate facilities for 
men, women, children, and high-profile persons; however, these 
facilities typically were crowded, common rooms rather than individual 
cells. Pretrial detainees usually were not held separately from 
convicted prisoners.
    Prison visits were granted at the discretion of prison authorities; 
however, permission generally was granted, and advance permission was 
not required. Prison observers visited prisons during the year.
    Numerous human rights organizations and the International Committee 
of the Red Cross were permitted to visit the 16 detainees accused of 
participating in an alleged coup plot in October 2003 (see Section 
1.e.).

    d. Arbitrary Arrest or Detention.--The Constitution prohibits 
arbitrary arrest and detention; however, the Government did not observe 
these prohibitions in practice.
    The national police, under the Ministry of Security, and the 
municipal police, under the Ministry of Territorial Administration, are 
responsible for public security; gendarmes reporting to the Ministry of 
Defense also are responsible for some aspects of public security. 
Corruption was widespread, particularly among lower levels of the 
police. A Committee Against Corruption continued to address corrupt 
practices within the police.
    The Constitution provides for the right to expeditious arraignment 
and access to legal counsel after a detainee has been charged before a 
judge; however, authorities did not ensure due process. The law limits 
detention for investigative purposes without charge to a maximum of 72 
hours, renewable for a single 48-hour period; however, police rarely 
observed these provisions in practice. The average time of detention 
without charge was 1 week, and the law allows judges to impose an 
unlimited number of 6-month preventive detention periods. Defendants 
without access to legal counsel were often detained for weeks or months 
before appearing before a magistrate. In some cases, prisoners were 
held without charge or trial for longer periods than the maximum 
sentence they would have received if convicted of the alleged offense. 
There was a pretrial release system; however, it was unknown how often 
it was used.
    On September 28, police detained opposition leader Herman Yameogo 
and his cousin and political aide Noel Yameogo upon their arrival at 
Ouagadougou airport from a trip to several neighboring countries. The 
Government, which accused the men of providing Mauritania, Cote 
d'Ivoire, Guinea, and the NGO Reporters Without Borders with false 
information, subsequently released Herman Yameogo after confiscating 
his diplomatic passport and threatening to remove his parliamentary 
immunity. On October 7, the State Prosecutor indicted Noel Yameogo for 
treason and for being "a threat to state safety"; he remained in 
detention awaiting trial at year's end. On December 2, the day before 
Yameogo challenged the passport confiscation in court, the Government 
returned his passport.
    Police arbitrarily arrested a journalist and detained demonstrators 
during the year (see Sections 2.a. and 2.b.).
    On April 6, 13 of the 17 military and civilian persons detained in 
connection with the October 2003 coup plot went on trial (see Section 
1.e.).

    e. Denial of Fair Public Trial.--The Constitution provides for an 
independent judiciary; however, the judiciary was subject to executive 
influence in practice. The President has extensive appointment and 
other judicial powers. The Constitution stipulates that the Head of 
State also is the President of the Superior Council of the 
Magistrature, which can nominate and remove high-level magistrates and 
examine the performance of individual magistrates.
    Systemic weaknesses in the justice system included the removability 
of judges, outdated legal codes, an insufficient number of courts, a 
lack of financial and human resources, and excessive legal costs.
    There are four operational higher courts: The Supreme Court of 
Appeal; the Council of State; the Audit Court and Office; and the 
Constitutional Council. Beneath these higher courts are 2 courts of 
appeal and 18 provincial courts. There also is a High Court of Justice 
with jurisdiction to try the president and senior government officials 
for treason and other serious crimes. On September 8, the National 
Assembly passed a bill that established a tribunal to try persons under 
18 who are charged with felonies or misdemeanors as children rather 
than adults. The military court system, which tried only military 
cases, was subject to executive influence.
    The Constitution provides for the right to public trial, access to 
counsel, a presumption of innocence, and has provisions for bail and 
appeal. While these rights were generally respected, the ability of 
citizens to obtain a fair trial remained restricted by their ignorance 
of the law and by a continuing shortage of magistrates.
    On April 6, 13 of the 17 military and civilian persons detained in 
connection with the October 2003 coup plot went on trial: 4 were 
convicted and sentenced to between 5 and 10 years' imprisonment; 3 
received suspended sentences of between 12 months and 2 years; and the 
remaining 6 were acquitted. Several of the defendants retracted their 
confessions during the trial, alleging that they had been beaten and 
coerced into signing the statements. The MBDHP and other human rights 
groups that visited the defendants during pretrial detention reported 
that the defendants had been well treated.
    In addition to the formal judiciary, customary or traditional 
courts presided over by village chiefs handled many neighborhood and 
village problems, such as divorce and inheritance disputes. Citizens 
generally respected these decisions, but also could take a case to a 
formal court.
    There were no reports of political prisoners.

    f. Arbitrary Interference with Privacy, Family, Home, or 
Correspondence.--The Constitution prohibits such actions, and the 
Government generally respected these prohibitions in practice. However, 
in national security cases, a law permits surveillance, searches, and 
monitoring of telephones and private correspondence without a warrant. 
By law and under normal circumstances, homes may be searched only with 
the authority of a warrant issued by the Attorney General.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The Constitution and the law 
provide for freedom of speech and of the press; however, the Government 
at times restricted these rights and intimidated journalists into 
practicing self-censorship. The President and his Government remained 
sensitive to criticism. Journalists charged with libel may defend 
themselves in court by presenting evidence in support of their 
allegations. The independent press, particularly the written press, 
continued to exercise greater freedom of expression. The Government did 
not restrict academic freedom.
    The official media, including the daily newspaper Sidwaya, and the 
national radio and television, displayed progovernment bias. The 
independent press included three daily and approximately a dozen weekly 
newspapers; some newspapers appeared only occasionally. There were 
numerous independent radio stations and three television stations. Some 
of these media outlets were critical of the Government. Foreign radio 
stations broadcast without government interference.
    All media were under the administrative and technical supervision 
of the Ministry of Information. The audiovisual media were regulated 
further by the Superior Council of Information, which was under the 
Presidential office and had limited independence.
    There are regulations for private and independent radio and 
television. Radio stations were held responsible if their call-in 
programs threatened the public order or the rights of any third party.
    Presse Dimanche, a popular television talk show cancelled in 
November 2003 allegedly at the behest of the Minister of Information, 
did not resume broadcasting during the year.
    Despite some self-censorship, independent newspapers and radio 
stations often criticized the Government, reported allegations of 
corruption and mismanagement by authorities, and accused the Government 
of human rights violations. The independent media also reported the 
opposition's and human rights associations' criticism of the 
Government's failure to investigate and prosecute human rights 
violations.
    On November 5, police arrested journalist and opposition activist 
Mathieu N'Do upon his arrival from a reporting mission in Cote 
d'Ivoire. N'Do, who was detained for questioning for 6 days at the riot 
police headquarters, was accused of having had close contact with the 
President of Cote d'Ivoire; however, no charges were filed upon his 
release.
    The Government did not restrict access to the Internet.

    b. Freedom of Peaceful Assembly and Association.--The Constitution 
provides for freedom of assembly; however, the Government at times 
restricted this right in practice.
    Political parties and labor unions were allowed to hold meetings 
and rallies without requesting government permission. However, the law 
also requires that authorities be notified in advance of planned 
demonstrations and allows the authorities to invoke the need to 
preserve public order to forbid demonstrations. Penalties for violation 
of the advance notification requirement include 2 to 5 years' 
imprisonment. Permits must be obtained from municipal authorities for 
political marches, and authorities may alter or deny requests on 
grounds of public safety. Denials or modifications may be appealed 
before the courts.
    On February 12, police surrounded a group of merchants who had 
gathered to discuss government plans to relocate them from Central 
Ouagadougou Market, which had burned down in a fire, to an area outside 
of Ouagadougou, where business was not as profitable. The police fired 
directly into the crowd with shotguns and teargas and also beat 
individuals with rubber batons. An estimated 10 persons were injured, 
including a man whose foot had to be amputated after being hit with 
buckshot. On February 13, merchants and unemployed youth responded by 
blocking roads, burning vehicles and buses, and attacking foreign 
businesses and property; police again used shotguns and teargas to 
disperse demonstrators. A total of 75 persons were arrested and 
subsequently released. In justifying police action, the mayor of 
Ouagadougou claimed that he had not authorized the merchants' 
gathering. No action had been taken against police by year's end.
    On May 1, Konde Hakani Elizabeth, the mayor of Dedougou city, 
Mouhoun Province, restricted a union's peaceful march around the city. 
The mayor claimed that she had not received any request for a permit to 
march; however, the union claimed to have sent the request on April 28.
    The Constitution provides for freedom of association, and the 
Government generally respected this right in practice. Political 
parties and labor unions were permitted to organize without seeking 
government permission.

    c. Freedom of Religion.--The Constitution provides for freedom of 
religion, and the Government generally respected this right in 
practice.
    The Government required that religious groups register with the 
Ministry of Territorial Administration. There were no penalties for 
failure to register. All groups were given equal access to licenses, 
and the Government approved registrations in a routine fashion.
    For a more detailed discussion, see the 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. 
Gendarmes and police agents routinely stopped travelers for identity 
checks and to levy road taxes. Customs agents stopped travelers for 
customs checks. During the year, the Government confiscated the 
passport of a political leader (see Section 1.d.).
    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 faced persecution, and granted refugee 
or asylum status. 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. There were 465 
persons with refugee status and 549 persons who had requested refugee 
status residing in the country. Most were nationals of Cote d'Ivoire, 
Rwanda, Burundi, the Democratic Republic of the Congo, and the Republic 
of the Congo; others were from Chad and Liberia. Almost all the 
refugees and applicants lived in Ouagadougou.
    During the year, the governmental National Refugee Committee and 
UNHCR continued their efforts to respond to the needs of refugees. Some 
refugees asked the UNHCR to send them to third countries; these 
requests were still being evaluated at year's end.
    Despite increased violence in Cote d'Ivoire, there were fewer 
voluntary repatriations of Burkinabe nationals from Cote d'Ivoire than 
in previous years. Burkinabe returnees reported physical abuse, 
harassment, and extortion from Ivoirian police 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 through multiparty elections; however, in 
practice citizens were unable to exercise this right fully due to the 
continued dominance of the President and his ruling party. In the 1998 
presidential election, President Compaore won 88 percent of the vote; 
56 percent of the eligible voters went to the polls. The two candidates 
who opposed the President provided only token opposition and reportedly 
were persuaded by the Government to run for the presidency to help 
create the appearance of a contested election. National observers 
identified a number of systemic weaknesses in the electoral code that 
precluded a totally regular and transparent vote, and a coalition 
representing a number of opposition parties boycotted the election. 
Nevertheless, neither of the two candidates opposing President Compaore 
contested the results.
    The Compaore Government included a strong presidency, a Prime 
Minister, a cabinet presided over by the President, a one-chamber 
(formerly two-chamber) National Assembly, and the judiciary. The 
legislature was independent, but it remained susceptible to influence 
from the executive branch. The cabinet includes four members from small 
opposition parties who generally support the ruling party; however, the 
major opposition bloc, the Group of 14 February (G-14), refused to 
participate.
    In 2001, the Constitution was amended to provide that the 
presidential term of office be 5 years, renewable once, starting in 
2005. The provision was not retroactive, and the National Assembly has 
determined that this provision will not be applied retroactively to 
President Compaore. Previously, the Constitution allowed the President 
to run for an unlimited number of terms.
    The government-funded Independent National Electoral Commission 
(CENI) has full responsibility for managing its budget and is the only 
organization responsible for monitoring elections and referendums. Five 
representatives of opposition parties, including the G-14 coalition, 
served on the CENI, in addition to five representatives of pro-
government parties (including the CDP) and five representatives of 
civil society.
    In 2002, the Government held parliamentary elections. For the first 
time in the country's history, multiple political parties, including 
opposition parties, participated in the elections. The ruling CDP won 
57 out of the 111 parliamentary seats. The opposition parties unified 
to compete in the elections and won 54 seats. Domestic observers 
characterized the elections as generally free and fair. Independent 
observers characterized CENI's conduct during the elections as 
generally fair.
    Following the May 2002 legislative elections, the Government was 
reorganized, and the 2000 protocol, which ceded one-third of cabinet 
posts to the opposition and which the Prime Minister and opposition had 
signed, was voided by the ruling party. Of the 31 cabinet members, 
there were 4 ministers from parties other than the ruling CDP. All but 
one of the country's mayors were CDP members, most appointed provincial 
officials were members of the CDP, and most traditional chiefs also 
were members of the CDP.
    CDP membership conferred advantages, particularly for businessmen 
and traders in competition for open bidding contracts.
    On April 27, the National Assembly adopted a controversial bill to 
revise the electoral code through redistricting and other measures. The 
CDP claimed the law would correct imbalances in the previous system; 
however, opposition parties, which boycotted the April 27 session, 
charged that the bill was designed to rescind reforms that facilitated 
large opposition gains in the May 2002 legislative elections. Most 
observers believed the changes would favor larger and more organized 
parties.
    During the year, the Government continued efforts to curb official 
corruption, which was a serious problem. In January, the High Authority 
to Fight Against Corruption issued a report that cited numerous 
instances of corruption in government and civil society. However, there 
were no prosecutions of corrupt officials during the year.
    There were no laws that provided for public access to government 
information; however, government ministries generally released non-
sensitive documents.
    There were 12 women in the 111-seat National Assembly, 3 women in 
the 31-member Cabinet, and 4 women in the Supreme Court. The Cabinet 
included 17 minority members; the National Assembly included 61 
minority representatives.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    A number of human rights groups generally operated without 
government restriction, investigating and publishing their findings on 
human rights cases. Government officials were somewhat cooperative and 
responsive to their views.
    The Government permitted international human rights groups to visit 
and operate in the country. The MBDHP was affiliated with the Inter-
African Human Rights Union.
    The Government failed to honor repeated requests for information 
from the African Union about alleged human rights abuses that occurred 
between 1983 and 1997. The Government did not prosecute the 
perpetrators of these offenses; however, in 2002, it established a $9 
million fund to compensate families of the victims of political 
violence. By year's end, the Government had distributed more than $7 
million (approximately 3.99 billion CFA francs) of the fund.
    On August 22, a U.N. Independent Commission of Inquiry arrived in 
the country to investigate human rights violations in Cote d'Ivoire. 
The 5-member team also met with some of the more than 350,000 citizens 
of the country who have returned from Cote d'Ivoire since September 
2002; many claimed to have been mistreated.
    The National Commission on Human Rights serves as a permanent 
framework for dialogue on human rights concerns. Commission members 
included representatives of human rights NGOs, union representatives, 
government officials, and representatives from professional 
associations. The MBDHP, which did not participate on the Commission, 
has charged that the Commission was established to undermine human 
rights organizations that criticized the Government; however, there 
were no clear indications of such interference.
    During the year, the Government took several steps to advance human 
rights. On June 4, the Ministry for the Promotion of Human Rights, 
which was established in 2002, opened an information center in Bobo-
Dioulasso, the second biggest city of the country. From June 17 to 18, 
the Ministry held a training seminar for the 34 members of the 
Commission on human rights principles and the roles of the U.N. and 
regional NGOs in protecting human rights. On August 16, the Commission 
held a conference on preventing deaths in detention in Bobo-Dioulasso.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The Constitution prohibits discrimination on the basis of race, 
ethnic origin, gender, disability, and social status; however, the 
Government was unable to enforce this prohibition effectively. 
Discrimination against women and persons with disabilities remained a 
problem. Various ethnic groups were represented in the inner circles of 
the Government, and government decisions did not favor one group over 
another.

    Women.--Domestic violence against women, especially wife beating, 
occurred frequently. No law specifically protects women from domestic 
violence, and cases of wife beating usually were handled through 
customary law and practice. There were no statistics on rape, although 
it was recognized as a crime. Spousal rape was not discussed. There 
were organizations that counseled rape victims, including Catholic and 
Protestant missions, the Association of Women Jurists in Burkina, the 
MBDHP, the Association of Women, and Promofemmes--a regional network 
that works to combat violence against women. The Government has 
attempted to change attitudes toward women, using education through the 
media.
    FGM was practiced widely, especially in many rural areas, and 
usually was performed at an early age. Up to 70 percent of girls and 
women have undergone this procedure; however, the Government has 
demonstrated its commitment to eradicate FGM through education, and the 
National Committee for the Fight Against Excision reported that the 
incidence of excision has decreased by approximately 40 percent since 
1990. FGM is a crime, with strict punishments for those involved in its 
practice. Perpetrators were subject to imprisonment of 6 months to 3 
years and a significant fine.
    During the year, the Government arrested and prosecuted several 
women who performed FGM. On January 21, police arrested Yiere Mamou 
Berte for practicing FGM on 41 young girls in Sefina village, 
Kenedougou Province; Berte was in prison awaiting trial at year's end. 
On February 4, Mariam Kone was given a 12-month suspended sentence for 
practicing FGM on eight young girls in Banwa Province. On August 16, 
police arrested a woman in Ouagadougou for circumcising 12 girls 
ranging in age from 2 to 12; the arrest received widespread media 
coverage because of the public outcry that the practice still occurred 
in metropolitan areas.
    The law does not specifically prohibit prostitution; however, 
pimping and soliciting are illegal.
    Scarification of the faces of both boys and girls of certain ethnic 
groups was gradually disappearing.
    There were occasional reports of trafficking in women (see Section 
5, Trafficking).
    The Penal Code explicitly prohibits sexual harassment; however, 
such harassment was common.
    The law prohibits forced marriage, with specific penalties under 
the Penal Code for violators. Polygyny was permitted, but both parties 
must agree to it prior to a marriage, and the woman maintained the 
power to oppose further marriages by her husband if she could provide 
evidence that he abandoned her and her children. Either spouse could 
petition for divorce; custody of children was granted to either parent 
based on the children's best interests.
    Although the law provides equal property rights for women and some 
inheritance benefits depending on other family relationships, in 
practice, customary law prohibits women from the right to own property, 
particularly real estate. In rural areas, land belonged to the family 
of the man whom a woman married. Women still did much of the 
subsistence farming work. Customary law does not recognize inheritance 
rights for women and regards the woman as property that can be 
inherited upon her husband's death.
    There were no specific constitutional provisions or laws protecting 
women, who faced extensive discrimination. In general, women continued 
to occupy a subordinate position and experienced discrimination in such 
areas as education, jobs, property, and family rights. Overall, women 
represented 45 percent of the workforce. In the modern sector, women 
comprised one-fourth of the government workforce, although usually they 
were found in lower paying positions. The Ministry of Women's Promotion 
actively promoted women's rights during the year; the Minister was a 
woman. The Government also established income generating activities for 
women during the year, including the production of fabric, shea butter, 
and soap.
    Several NGOs were active in promoting women's rights, including 
Women in Law and Development in Africa, Association of Female Judges, 
Association of Elected Women of Burkina Faso, Women's Coalition of 
Burkina Faso, and Kebayina Association of Women of Burkina Faso.

    Children.--The Constitution nominally protects children's rights. 
The Government demonstrated its commitment to improve the condition of 
children by continuing efforts, in cooperation with donors, to 
revitalize primary health care by focusing on care for nursing mothers 
and infants; vaccination campaigns for measles, meningitis, and other 
illnesses; and health education.
    The Government allotted approximately 25 percent of the national 
budget to education, and the law provides for free compulsory 
education; however, the Government lacked the means to provide 
universal, free primary education. If a child qualified on the basis of 
grades and social condition (that is, the family was "poor"), tuition-
free education could continue through junior high and high school. 
Children still were responsible for paying for school supplies, and 
many parents could not afford to lose a child's labor in the fields or 
at other remunerative jobs; as a result, overall school enrollment was 
approximately 52 percent (46 percent for girls). The Government has 
taken steps to promote primary education for girls through 
encouragement of donor scholarships, school feeding programs, and 
information campaigns to change societal attitudes toward educating 
girls. Girls made up slightly more than one-third of the total student 
population in the primary school system. Schools in rural areas had 
even lower percentages of female students than schools in urban areas, 
and illiteracy for girls in the rural areas ran as high as 95 percent. 
The rate of male literacy was approximately 32 percent, and female 
literacy was 15 percent.
    The law prohibits the abuse of children under 15 years old and 
provides for the punishment of abusers. On March 3, the tribunal of 
Koudougou, Boulkiemde Province, sentenced Pauline Ouoba and her husband 
Saidou Pandamba to 6 months' imprisonment and 12 months' suspended 
sentence, respectively, for severely beating their 12-year-old adopted 
child.
    FGM was performed commonly on young girls (see Section 5, Women).
    Trafficking of children was a problem (see Section 5, Trafficking).

    Trafficking in Persons.--The Constitution specifically prohibits 
slavery, inhumane treatment, and mistreatment of children and adults, 
and the Penal Code prohibits kidnapping, violence, and mistreatment of 
children; however, the country was a source, transit, and destination 
country for internationally trafficked persons, including children. In 
May 2003, the National Assembly adopted an anti-trafficking law that 
punishes child traffickers with 1 to 10 years' imprisonment and fines 
of $525 (299,250 CFA francs) to $2,600 (1.5 million CFA francs); 
however, the law had not been implemented by year's end. The sexual 
exploitation of children was a problem.
    During the year, 25 child traffickers were arrested: At year's end, 
16 had been sentenced to prison; 3 were being tried; and 6 were in 
detention awaiting trial.
    The Ministry of Social Affairs and the Directorate of Labor Health 
and Security, Child Labor, and Trafficking Division of the Ministry of 
Labor implement and enforce child labor laws and regulations; however, 
the Government had limited resources to combat trafficking in women and 
children.
    The country was an occasional source for women who traveled to 
Europe to work as domestics, but subsequently were exploited sexually. 
The country was a transit point for trafficked children, notably from 
Mali, who often were trafficked to Cote d'Ivoire. Malian children also 
were trafficked into the country. Destinations for trafficked children 
of the country included Mali, Cote d'Ivoire, Ghana, and Nigeria.
    Trafficked children were subject to violence, sexual abuse, forced 
prostitution, and deprivation of food, shelter, schooling, and medical 
care. Organized child trafficking networks existed throughout the 
country. One study identified eight networks in Ouagadougou and seven 
in Bobo-Dioulasso. Child trafficking networks cooperated with regional 
smuggling rings.
    In January, the Directorate for the Protection of Infants and 
Adolescents published a report based on interviews with the 1,710 
trafficked children whom security forces had intercepted from 2000-03: 
45 percent were between the ages of 12 and 15, and 80 percent had never 
gone to school. The report estimated that 175,000 children between the 
ages of 6 and 17 worked and lived apart from their families, including 
95,000 who worked abroad.
    In the past, some children voluntarily traveled to Cote d'Ivoire to 
work as agricultural laborers to escape poverty at home. In other 
cases, children were lured to plantation work in Cote d'Ivoire by false 
promises of generous remuneration, only to be forced to work under very 
harsh conditions for little or no payment. Some children were forced to 
work long hours without pay, allegedly to repay the cost of their 
transport to Cote d'Ivoire and of the food and housing on the 
plantation.
    However, according to Lutrena, a local NGO that collaborated with 
both the International Program for Elimination of Child Labor (IPEC) 
and the International Labor Organization (ILO) to fight against child 
trafficking, the flow children going to Cote d'Ivoire for work purposes 
declined significantly following the September 2002 military rebellion 
there. Many of these working children reportedly headed for Mali either 
to work in rice plantations or study in Islamic schools or for coastal 
countries like Benin. According to the Ministry of Social Action and 
National Solidarity, security forces and regional trafficking 
surveillance committees intercepted 644 trafficked children in 2003.
    The Government worked with international donors and the ILO to 
address child trafficking, in part by organizing seminars against child 
trafficking for customs officers. During the year, security services 
and civil society groups organized similar workshops and seminars. The 
Government also established watch committees in certain provinces in 
which child trafficking and labor were problems. The watch committees 
included representatives of industries usually implicated in child 
labor (cotton growers, for example), the police, NGOs, and social 
welfare agencies. An IPEC program to prevent child trafficking for work 
purposes on cotton plantations continued during the year.

    Persons with Disabilities.--There was no legislation to protect 
persons with disabilities from discrimination, and advocates reported 
that such persons often faced social and economical discrimination. 
There was no government mandate or legislation concerning accessibility 
for persons with disabilities. Programs to aid persons with 
disabilities were limited. Persons with disabilities who were willing 
and able to work frequently found it difficult to find employment, 
including in government service, because of deeply entrenched societal 
attitudes that persons with disabilities should be under the care of 
their family and should not enter the workforce.

    Other Societal Abuses or Discrimination.--Societal discrimination 
against homosexuals and persons with HIV/AIDS was a problem.
Section 6. Worker Rights
    a. The Right of Association.--The law provides workers, including 
civil servants, the right of association, and workers exercised this 
right. Essential workers, such as police, could not join unions. 
Approximately 85 percent of the workforce was engaged in subsistence 
agriculture. Of the remainder, approximately 50 percent of private 
sector employees and 60 percent of public sector employees were union 
members.

    b. The Right to Organize and Bargain Collectively.--Unions have the 
right to bargain directly with employers and industry associations for 
wages and other benefits, and there was extensive collective bargaining 
in the modern wage sector; however, it encompassed only a small 
percentage of workers. There are no export processing zones.
    The Constitution provides for the right to strike, and workers 
exercised this right in practice. Legal strikes occurred during the 
year, including a 3-day strike by health workers for better pay and 
working conditions. In May 2003, all the major trade union federations 
and autonomous unions called a strike, in part to protest the 
privatization of parastatal organizations; none of their demands were 
met, and some public institutions and private enterprises were closed.
    During the year, the mayor of Dedougou city restricted a union 
march (see Section 2.b.).

    d. Prohibition of Forced or Compulsory Labor.--The law prohibits 
forced or compulsory labor, including by children; however, there were 
reports that children were employed for domestic labor outside their 
own families without any status or formal remuneration and that young 
girls were procured for domestic labor (see Sections 5 and 6.d.). 
Trafficking of women and girls was a problem (see Section 5).

    e. Prohibition of Child Labor and Minimum Age for Employment.--The 
Labor Code sets the minimum age for employment at 14 years; however, 
child labor was a problem. In the domestic and agricultural sectors, 
the law permits children under the age of 14 to perform limited 
activities for up to 4+ hours per day; however, many children under the 
age of 14 years worked longer hours. According to a pamphlet published 
by the Ministry of Labor in 2000, more than 50 percent of children 
worked, largely as domestic servants or in the agricultural or mining 
sectors, where working conditions were harsh. Children commonly worked 
with their parents in rural areas or in family-owned small businesses 
in villages and cities. Most children actually began working at an 
earlier age on small, family subsistence farms, in the traditional 
apprenticeship system, and in the informal sector. There were no 
reports of children under the age of 14 employed in either state or 
large private companies.
    The Ministry of Employment, Labor, and Youth, which oversees labor 
standards, lacked the means to enforce work safety and age limit 
legislation adequately, even in the small business sector.
    The Government organized workshops during the year, and in 
cooperation with donors, has undertaken many sensitization programs to 
inform children and parents of the dangers of sending children away 
from home to work.

    f. Acceptable Conditions of Work.--The Labor Code mandates a 
minimum monthly wage of approximately $40 (22,800 CFA francs) in the 
formal sector; the wage did not apply to subsistence agriculture. The 
minimum wage did not provide a decent standard of living for an urban 
worker and family. Wage earners usually supplemented their income 
through reliance on the extended family, subsistence agriculture, or 
trading in the informal sector. The Labor Code also mandates a standard 
workweek of 40 hours for nondomestic workers and a 60-hour workweek for 
household workers, and establishes safety and health provisions.
    A system of government inspections under the Ministry of 
Employment, Labor, and Youth and the labor tribunals was responsible 
for overseeing occupational health and safety standards in the small 
industrial and commercial sectors, but these standards did not apply in 
the subsistence agricultural sector. The Government paid social 
security benefits on a sliding scale according to an employee's length 
of service and pay, up to a ceiling established by presidential decree 
in January 2003 of $1,051 per month (599,070 CFA francs). The 
Government's Labor Inspector Corps did not have sufficient resources to 
fulfill its duties adequately. Every company was required to have a 
work safety committee. If the Government's Labor Inspection Office 
declared a workplace unsafe for any reason, workers had the right to 
remove themselves from the dangerous work without jeopardy to continued 
employment. There were indications that this right was respected in 
practice; however, such declarations by the Labor Inspection Office 
were relatively rare.
                               __________

                                BURUNDI

    Burundi is a republic with a Transitional Government established in 
November 2001, under the Arusha Peace and Reconciliation Agreement 
(Arusha Agreement). In April 2003, Domitien Ndayizeye, a member of the 
Hutu ethnic group, succeeded Pierre Buyoya, a member of the Tutsi 
ethnic group, as President. The Arusha Agreement obliged the 
Transitional Government to hold local and national elections before 
November 1; however, by year's end, no elections had been held. On 
October 18, the National Independent Electoral Commission (CENI) 
proposed to delay national and local elections until 2005 for technical 
reasons. On October 20, the Transitional Government approved an interim 
constitution that allowed the Transitional Government to remain in 
power until a referendum on a post-transition constitution was held. By 
year's end, the CENI announced that a referendum on the draft post-
transition constitution, scheduled for December 22, would be delayed, 
and a date had not been set.
    The country remained engaged in an armed conflict between the 
Government and the Party for the Liberation of the Hutu People/National 
Liberation Front (PALIPEHUTU-FNL) led by Agathon Rwasa. Government 
forces were aided in this conflict by fighters of the National Council 
for Defense of Democracy-Forces for the Defense of Democracy (CNDD-
FDD), a former rebel group. The security situation improved markedly in 
most parts of the country after the CNDD-FDD joined the Transitional 
Government in November 2003. However, in Bujumbura Rural Province, 
which surrounds the capital and was the stronghold of the PALIPEHUTU-
FNL, fighting continued. Human rights violations resulting from the 
conflict continued to occur, primarily in Bujumbura Rural. The judicial 
system continued to be corrupt, subject to political manipulation, and 
inefficient.
    The security forces were controlled by the Transitional President, 
and consisted of the Burundian Armed Forces (FAB) and the gendarmerie 
under the Ministry of Defense, police under the Ministry of Public 
Security, and the intelligence service under the presidency. The 
Ministry of Defense reduced the role and numbers of the Guardians of 
the Peace (GP), armed paramilitary civil defense units. CNDD-FDD forces 
created de facto parallel police forces and administrations in parts of 
the country and operated with significant autonomy. On June 1, the U.N. 
Operation in Burundi took over the international peacekeeping function 
from the South African-led African Union Mission to Burundi.
    The country's U.N.- and World Bank-supported process to disarm, 
demobilize, and reintegrate former soldiers and former rebels began in 
December. By year's end, a total of approximately 3,300 former 
soldiers, as well as approximately 2,900 child soldiers, had been 
demobilized.
    Civilian authorities did not maintain effective control of the 
security forces, including the CNDD-FDD. Members of the security 
forces, including the CNDD-FDD, committed numerous serious human rights 
abuses.
    The country, which by World Bank estimates had a population of 7.2 
million, was extremely poor. The majority of the population was 
dependent on subsistence agriculture. The Transitional Government 
controlled the price of some commodities and the rates of exchange; 
however, it took steps to reduce the difference between the official 
and parallel exchange rates. The public sector, including government-
owned enterprises, dominated the small formal section of the economy. 
The armed conflict caused severe economic disruption, and internally 
displaced persons (IDPs) were dependent on international humanitarian 
assistance. The country's gross domestic product was $669.2 million in 
2003, according to the World Bank. Wages did not keep pace with 
inflation. An estimated 8.3 percent prevalence rate of HIV/AIDS 
continued to place a burden on the country's resources through rising 
medical expenditures, absenteeism from work, labor shortages resulting 
from morbidity and mortality, and training of replacement labor.
    The Transitional Government's human rights record remained poor, 
and the Transitional Government continued to commit numerous serious 
human rights abuses. Citizens did not have the right to change their 
government. Security forces, including the CNDD-FDD, continued to 
commit numerous arbitrary and unlawful killings, including killings of 
unarmed civilians, many of whom were killed during reprisal attacks on 
those suspected of cooperating with the PALIPEHUTU-FNL. There were 
credible reports of disappearances, and security forces continued to 
torture, beat, rape, and otherwise abuse persons. Prison conditions 
remained harsh and sometimes life threatening. Impunity and the 
continuing lack of accountability for those who committed past abuses 
remained serious problems. Arbitrary arrest and detention, and lengthy 
pretrial detention were problems; there were also credible reports of 
incommunicado detention. The court system did not ensure due process or 
provide citizens with fair trials. The Transitional Government 
infringed on citizens' privacy rights. The Transitional Government 
restricted the freedoms of speech, association, and movement, and at 
times it restricted the freedoms of press and assembly. Since 1993, the 
civil war caused thousands of civilian deaths and massive internal 
population displacement. Corruption was a serious problem. The armed 
forces sometimes limited access to certain areas by human rights 
observers, citing security conditions. Violence and discrimination 
against women continued. The continued use of child soldiers was a 
problem; however, the Transitional Government and all former rebel 
groups demobilized child soldiers throughout the year. Trafficking in 
persons was a problem. Discrimination against persons with disabilities 
and indigenous Twa populations remained problems. There was also a 
disproportionate number of Tutsis in state institutions. Societal 
discrimination between Hutus and Tutsis continued along with incidents 
of ethnically motivated conflict. Child labor, including forced labor, 
was a problem. Mob killings were a problem.
    The PALIEPHUTU-FNL also continued to commit numerous serious human 
rights abuses against civilians, including killings, kidnappings, 
rapes, theft, extortion, the forcible recruitment and employment of 
children as soldiers, and forced labor.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Arbitrary or Unlawful Deprivation of Life.--Unlike in the 
previous year, there were no reports that security forces committed 
political killings; however, security forces committed unlawful 
killings of civilians during the year.
    At year's end, six of the seven individuals accused in the 2001 
killing of Kassi Manlan, including Colonel Gerard Ntunzwenayo, remained 
in jail and their trial was ongoing. No action had been taken against 
the seventh, Commander Sylvestre Hakizimana. At year's end, police held 
in custody another man allegedly involved in the killing. Two other 
individuals accused of having taken part in the killing had 
disappeared; however, the Attorney General told the court that they 
were being held in a safe place for security reasons.
    The FAB regularly committed unlawful killings, often with impunity, 
of Hutu and Tutsi civilians following fighting with rebels, in reprisal 
for rebel attacks, and for suspected collaboration with rebels (see 
Section 1.g.).
    League Iteka reported that on February 21, a FAB soldier reportedly 
killed Melchiade Basingwa and his wife in Kiremba Commune, Ngozi 
Province, and stole approximately $280 (300,000 Burundian francs). The 
soldier was arrested on March 15 and held for interrogation. At year's 
end, it was unknown if he was still in detention.
    There were no developments in the February 2003 killing of Abraham 
Nshirimana, allegedly by FAB soldiers.
    During the year, there were reports that suspects were killed while 
in the custody of security forces and the CNDD-FDD. For example, League 
Iteka reported that on May 6, in Bujumbura city's Kanyosha Zone, the 
local gendarmerie reportedly shot and killed a bicycle taxi operator 
who was in custody. There had been no investigation into the killing at 
year's end.
    On August 13, members of the CNDD-FDD detained and beat to death 
Albert Ntahomvukiye in Mutimbuzi Commune, Bujumbura Rural province. 
Ntahomvukiye's son was beaten until he was unable to walk. League Iteka 
reported that the CNDD-FDD suspected them of collaborating with the 
PALIPEHUTU-FNL.
    League Iteka reported that on September 20, the corpse of an 
alleged thief who had been in FAB custody was found near a FAB position 
in Bugabira Commune, Ngozi Province. There were no reports that action 
was taken against persons responsible for the alleged killing.
    There were no developments in the June 2003 torture death of FAB 
soldier Mathias Nkurunziza.
    Civilians were killed during fighting between government and rebel 
forces, and women died as a result of being raped (see Section 1.g.).
    There continued to be reports of deaths and injuries caused by 
landmines laid by both government and rebel forces.
    Although very few exact figures were available, there were numerous 
political killings by unidentified assailants during the year. For 
example, Bujumbura Rural Province Governor Ignace Ntawembarira reported 
that 38 local government officials were killed in the province during 
the year.
    According to League Iteka, on September 8, in Kayanza Province, 
seven armed men in military uniforms killed CNDD-FDD Gatara Commune 
representative Sebastien Bamporubusa, severely tortured the Karurusi 
colline chief, and amputated the fingers of one of Bamporubusa's 
neighbors.
    There were no developments in the following 2003 killings by 
unknown assailants: The February killing of Leonard Masengo; the May 
killing of Jean Nkurukiye; the September killing of Raphael Nzinahora; 
or the November killing of World Food Program official Philbert 
Nsengiyumva.
    There were reports that the GP committed killings, rapes, and armed 
robberies during the year.
    The PALIPEHUTU-FNL rebels killed numerous persons during the year 
and committed serious abuses against the civilian population, including 
a massacre of refugees in August (see Section 1.g.).
    Killings by bandits were a serious problem during the year, 
particularly by year's end. In November, a U.N. spokesperson told the 
press that between 6 and 10 persons were dying every day as a result of 
acts of banditry.
    There were numerous reports during the year of mob violence, 
lynchings, and the killing of suspected witches. For example, League 
Iteka reported that on February 12, a mob killed Nephtalie 
Sindayihebura, whom the local population accused of being a witch, in 
Rumonge Commune, Bururi Province.
    League Iteka also reported that on February 28, the local 
population of Rugombo Commune, Cibitoke Province, lynched an individual 
accused of using witchcraft to paralyze and kill a local youth.
    On April 9, a mob stoned to death a man accused of injecting 
persons in the markets of Kayanza Province with the HIV/AIDS virus. In 
August, there were several similar reports that mobs killed individuals 
accused of injecting persons with poison.
    During the year, the local press reported numerous incidents in 
which individuals threw hand-grenades into bars or other public 
gathering places, resulting in deaths and injuries. For example, on 
April 14, in Kirundo Province, four men were killed in a pub after an 
unidentified individual threw a grenade into the establishment.
    On July 10, in Rutana Commune, Rutana Province, two persons were 
killed and 19 wounded after an unidentified individual threw a grenade 
into a wedding reception.

    b. Disappearance.--Although precise numbers were unavailable, there 
were frequent reports of kidnappings during the year; however, there 
were no reports of politically motivated kidnappings.
    For example, League Iteka reported that on July 7, members of the 
CNDD-FDD kidnapped a man, his wife, and two others in Kanyosha Commune, 
Bujumbura Rural Province. At year's end, it was unknown if they were 
still being held.
    The PALIPEHUTU-FNL was reportedly responsible for many 
disappearances during the year.
    For example, on February 15, unidentified assailants kidnapped six 
persons in Ndava Commune, Mwaro Province, according to League Iteka. 
They have not been found or released.
    League Iteka reported that on March 10, members of the PALIPEHUTU-
FNL kidnapped and held for ransom the Mutambu Zone Chief, whom they 
reportedly suspected of passing information to the FAB. The Chief was 
later released.
    On September 14, members of the Rwandan Interahamwe militia group 
took nine individuals hostage in the Kibira forest, Cibitoke Province. 
According to League Iteka, they were released after 3 weeks and at 
least two of the hostages reportedly paid a ransom of $180 (194,000 
Burundian francs).
    There were no developments in the 2002 disappearance of two persons 
in Buhonga, Bujumbura Rural Province.
    Unlike in the previous year, there were no reports that children 
were kidnapped by rebels and then used as child soldiers.

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The Transitional Constitution prohibits such practices; 
however, members of the security forces continued to torture and 
otherwise abuse persons.
    Throughout the year multiple credible sources reported that the 
CNDD-FDD set up illegal detention and torture centers across the 
country, including at least five in Bujumbura.
    League Iteka reported that members of the security forces and CNDD-
FDD members beat and tortured civilians and detainees throughout the 
year.
    On February 17, in Nyambuye Zone, Bujumbura Rural province, members 
of the CNDD-FDD detained and tortured numerous individuals, several of 
whom were reportedly hospitalized; some young girls and women were 
raped (see Section 1.g.).
    On April 14, two FAB soldiers in Mutambu Commune, Bujumbura Rural 
province, detained Judge Gaspard Gahungu, stole $45 (48,000 Burundian 
francs) and a mobile phone, and beat him until he lost consciousness.
    In April, members of the CNDD-FDD arrested many residents of 
Mutimbuzi Commune, Bujumbura Rural province, took them to detention 
center, beat them, forced them to spend the night in a trough filled 
with water, and later forced them to drink that water.
    On September 29, in Mutimbuzi Commune, Bujumbura Rural province, 
CNDD-FDD members detained a 13-year-old student and four others, took 
them to a local CNDD-FDD garrison, and beat them with rods and batons 
until they could no longer walk. According to League Iteka, the five 
were accused of knowing members of the PALIPEHUTU-FNL.
    There were no new developments in the July 2003 torture of Emmanuel 
Niyongabo by the Public Security Police and Ezechial Ncitiyinisalaba by 
security forces, or in the December 2003 torture of suspected witches 
by members of the CNDD-FDD.
    Although precise figures remained unavailable, there were frequent 
reports that members of the FAB and the CNDD-FDD raped women with 
impunity (see Section 1.g.). For example, according to League Iteka, on 
June 1, a FAB soldier raped a 6-year-old girl in Bubanza province. On 
June 29, again in Bubanza province, two men in military uniforms raped 
a 12-year-old girl. The soldiers' superiors took no action in either 
case. League Iteka reported that on July 21, in Mwaro province, a FAB 
officer, Justin Nitunga, raped a 13-year-old girl. There was no 
official investigation of this case.
    There were frequent reports that PALIPEHUTU-FNL members raped women 
(see Section 1.g.).
    Government troops used excessive force in areas where there were 
civilians (see Section 1.g.).
    Several persons were injured during the year by landmines laid by 
government and rebel forces.
    Prison conditions remained harsh and sometimes life threatening. 
Severe overcrowding persisted. According to government officials and 
human rights observers, prisoners suffered from digestive illnesses, 
dysentery, and malaria, and prisoners died as a result of disease. The 
Transitional Government provided sufficient food, and families were 
permitted to supplement prisoner rations.
    According to the Ministry of Justice, during the year, 7,568 
inmates were held in facilities built to accommodate a maximum of 3,650 
persons. Of this number, 2,728 were serving sentences, and 4,798 were 
pretrial detainees. Human rights NGOs lobbied the Transitional 
Government during the year for the release of prisoners who were held 
for long periods of time without charge. Between January and September, 
the Transitional Government released over 400 of these prisoners and 
had set up a commission to review the cases of pre-trial detainees.
    On July 30, over 400 gendarmes stormed Mpimba prison in Bujumbura 
to quell a prison strike that was launched on July 19 by self-
proclaimed political prisoners who demanded amnesty under the terms of 
the Arusha Agreement. According to press reports, the gendarmes used 
teargas to break up the strike, and at least four prisoners were 
wounded.
    According to the Ministry of Justice, women were detained 
separately from men. During the year, there were 135 children in 
prisons, of whom 42 accompanied their convicted mothers. Juvenile 
prisoners were held with and often treated as adults. Political 
prisoners often were held with convicted prisoners. Pretrial detainees 
were held in communal lockups, but some were also incarcerated with 
convicted prisoners.
    During the year, the Transitional Government permitted visits by 
international and local human rights monitors. NGOs continued their 
efforts to monitor and improve sanitation, hygiene, medical care, food, 
and water.
    The ICRC was allowed access to prisoners and detained persons, 
including persons detained for ``reasons relating to the conflict,'' 
and conducted visits regularly during the year.

    d. Arbitrary Arrest or Detention.--The criminal code prohibits 
arbitrary arrest and arbitrary detention; however, security forces 
arbitrarily arrested and detained persons.
    Impunity for those who committed serious human rights violations, 
and the continuing lack of accountability for those who committed past 
abuses, remained key factors in the country's continuing instability. 
The security forces did not always cooperate with civilian prosecutors 
or magistrates, including in investigations involving members of the 
security forces. Members of the GP were unpaid and poorly trained. 
Unlike in the previous year, there were no reports that members of the 
GP were coercively recruited. Corruption, abuse of the criminal code's 
standards on the duration of detentions, and mistreatment of prisoners 
remained problems.
    The law requires arrest warrants, and presiding magistrates were 
authorized to issue them. Police and gendarmes could make arrests 
without a warrant but were required to submit a written report to a 
magistrate within 48 hours. Few aspects of these provisions were 
respected in practice, and the requirement that that detainees be 
charged and appear in court within 7 days of their arrest was violated 
routinely. A magistrate could order the release of suspects or confirm 
charges and continue detention, initially for 15 days, then 
subsequently for periods of 30 days, as necessary to prepare the case 
for trial. The police were required to follow the same procedures as 
magistrates; however, the police have regularly detained suspects for 
extended periods without announcing charges, certifying the cases, or 
forwarding them to the Ministry of Justice as required. Multiple 
credible sources reported that incommunicado detention existed, 
although the law prohibits it. Bail was permitted in some cases.
    There were numerous arbitrary and some politically motivated 
arrests, including some demonstrators, labor officials, and local NGO 
employees (see Sections 2.a., 2.b., and 4).
    Many of the persons arrested on criminal charges since 1993 
remained in pretrial custody. According to the Ministry of Justice, 
4,798 prisoners were awaiting trial. There were 400 communal lockups 
where those who were arrested were supposed to be held no longer than 1 
week; however, in practice, detainees were regularly kept in these 
facilities for much longer periods of time. Family members were 
required to provide all food for these detainees. Once detainees were 
transferred to larger detention facilities, the Government provided 
food.

    e. Denial of Fair Public Trial.--The Transitional Constitution 
provides for an independent judiciary; however, in practice the 
judiciary was not independent of the executive and was dominated by 
members of the minority Tutsi community. The judicial system was 
inefficient and subject to bribes and other forms of corruption; many 
citizens had no confidence in its ability to provide even basic 
protection. Judicial reform was a priority of the Arusha Accord, but 
little progress was made during the year.
    The judicial system consisted of civil and criminal courts with the 
Supreme Court and Constitutional Court at the apex. In all cases, the 
Constitutional Court had the ultimate appellate authority; however, in 
practice few cases of lower-ranking offenders reached this level.
    Citizens generally did not have regular access to court proceedings 
and often had to travel more than 30 miles to reach a court of law. All 
trials were conducted before a jury. Defendants, in theory, are 
presumed innocent and have a right to counsel and to defend themselves; 
however, in practice, few had legal representation. Authorities 
sometimes were unable to carry out their investigations or transport 
suspects and witnesses to the appropriate court because of lack of 
resources and poor security conditions. According to the law, all 
defendants, except those in military courts, have the right to appeal 
their cases up to the Supreme Court, and in capital cases, to the 
President for clemency; however, in practice, the inefficiency of the 
court system extended the duration of the appeals process, effectively 
limiting the possibility of appeals, even by defendants accused of the 
most serious crimes.
    The Transitional Government officially recognized the traditional 
system of communal arbitration, which functioned under the guidance of 
elders, the ``Bashingantahe,'' and which facilitated the settlement and 
reconciliation of disputes. A Bashingantahe opinion often was necessary 
before access was granted to the formal civil court system. The 
Bashingantahe was limited to civil and minor criminal matters and had 
no jurisdiction over serious criminal matters. Community elders 
presided over deliberations under this system.
    The law provides for an independent military court system, which in 
practice was influenced by the executive and higher ranking military 
forces. Courts of original jurisdiction for lower ranking military 
offenders were called ``War Councils,'' and one existed in each of the 
five military districts. A court martial tribunal of appeals heard 
appeals of War Council decisions and also had trial jurisdiction for 
mid-ranking military offenders up to the rank of colonel. Military 
courts had jurisdiction over military offenders and civilians accused 
of offenses implicating members of the military. Defendants were not 
provided attorneys to assist in their defense, although NGOs have 
provided some defendants with attorneys in cases involving serious 
charges. Trials generally were open to the public; however, they could 
be closed for compelling reasons, such as national security or 
``scandalous accusations against prominent people.''
    Procedures for civilian and military courts were similar; however, 
military courts reached decisions more quickly, and trials generally 
failed to meet internationally accepted standards for fair trials. In 
addition, defendants in military courts are allowed only one appeal.
    The detention of political prisoners remained a problem during the 
year. Local human rights NGOs claimed that the Government held 
approximately 4,000 political prisoners during the year. However, the 
Government stated that there were no political prisoners and that each 
person in detention had been convicted of a specific crime. Charges 
against defendants convicted for nonpolitical crimes sometimes were 
politically motivated.

    f. Arbitrary Interference with Privacy, Family, Home, or 
Correspondence.--The Transitional Constitution provides for the right 
to privacy; however, these rights were not respected in practice. 
Authorities rarely respected the law requiring search warrants. It was 
widely believed that security forces monitored telephones.
    There were numerous reports during the year that the FAB and CNDD-
FDD looted and destroyed houses whose occupants were accused of 
harboring and aiding the PALIPEHUTU-FNL (see Section 1.g.).
    There were numerous reports of looting by the PALIPEHUTU-FNL (see 
Section 1.g.).

    g. Use of Excessive Force and Violations of Humanitarian Law in 
Internal and External Conflicts.--The ongoing conflict in Bujumbura 
Rural province resulted in numerous serious abuses against the civilian 
population by government and rebel forces; generally no actions were 
taken against perpetrators. The FAB and CNDD-FDD killed numerous 
civilians following fighting with the PALIPEHUTU-FNL, in reprisal for 
PALIPEHUTU-FNL attacks, and for suspected collaboration with the 
PALIPEHUTU-FNL. Abuses included the killing of civilians, the looting 
and burning of houses, attacks on noncombatants, the displacement of 
large numbers of civilians, and the rape of women. Security forces 
prevented international humanitarian aid agencies and human rights 
observers from reaching some areas of the country (see Section 2.d.).
    While no definitive countrywide casualty figures were available, 
reports from media and NGOs estimate that more than 250,000 persons, 
mostly civilians, have been killed in conflict-related violence since 
1993. Much of the unlawful killing and property destruction during the 
year was concentrated in Bujumbura Rural province, which was the scene 
of continuing fighting between the FAB and CNDD-FDD on one side, and 
the PALIPEHUTU-FNL on the other.
    There were numerous reports that FAB forces deliberately killed 
civilians during the conflict. For example, on March 29, FAB soldiers 
killed a man who refused them entry into his home in Mutimbuzi Commune, 
Bujumbura Rural province, while they were searching the area for 
PALIPEHUTU-FNL rebels.
    League Iteka reported that on April 27, in Kabezi Commune, 
Bujumbura Rural province, FAB soldiers killed four IDPs after fighting 
occurred in the area between FAB and PALIPEHUTU-FNL forces. According 
to League Iteka, on June 8, FAB soldiers killed two civilians and 
wounded three others that they suspected of having contacts with 
PALIPEHUTU-FNL members.
    There were numerous reports that FAB forces killed civilians 
indiscriminately as a result of the conflict. For example, League Iteka 
reported that on January 26, FAB soldiers began firing into the 
marketplace in Mutambu Commune, killing six civilians. The soldiers 
reportedly opened fire after the PALIPEHUTU-FNL killed two FAB soldiers 
in the marketplace.
    According to HRW, on March 16, during fighting between FAB soldiers 
and PALIPEHUTU-FNL rebels, FAB soldiers indiscriminately fired mortars 
into a crowd of fleeing civilians in Kabezi Commune, Bujumbura Rural 
Province. No additional information was available by year's end.
    On May 29, FAB soldiers killed 23 persons in Kabezi Commune, 
Bujumbura Rural Province; at least 1 of the victims was raped prior to 
be being killed.
    CNDD-FDD soldiers operating in Bujumbura Rural Province, in 
cooperation with the FAB, were also accused by human rights 
organizations of killing civilians. According to HRW and local NGOs, 
one tactic the CNDD-FDD regularly employed was to search local areas 
for persons not known by the areas' inhabitants, or to search for 
wounded individuals, and to summarily execute them under suspicion of 
belonging to the PALIPEHUTU-FNL.
    According to Human Rights Watch (HRW), on September 16, in Mutamba 
Commune, Bujumbura Rural Province, CNDD-FDD and FAB soldiers forced the 
local population to undress to inspect them for alleged battle-related 
injuries. One man, who was discovered to have wounds, was summarily 
executed.
    According to the U.N. Office of the High Commissioner for Human 
Rights (UNOHCHR) and NGOs, soldiers and rebels used rape as a weapon of 
war. From January to May, Search for Common Ground reported 267 rapes, 
54 of which were attributed to the security services and a significant 
number to the PALIPEHUTU-FNL.
    On February 17, while searching for PALIPEHUTU-FNL members in 
Nyambuye Zone, Bujumbura Rural Province, members of the CNDD-FDD raped 
girls as young as 7 years old and several women, at least two of whom 
died from their injuries.
    League Iteka reported that members of the CNDD-FDD raped a mother 
and her daughter in the Gatumba Zone of Bujumbura Rural Province in 
mid-April.
    On April 30, six members of the CNDD-FDD raped a 22-year-old 
resident of Kamenge Zone in Bujumbura. The UNOHCHR reported that 
although the identities of the rapists were known, no action was taken 
to investigate this crime.
    In February, FAB troops reportedly stole $50,000 (54 million 
Burundian francs) worth of non-food humanitarian assistance from 
approximately 4,000 families.
    The CNDD-FDD also reportedly pillaged houses throughout the year in 
Bujumbura Rural Province. During one operation that began on February 
17, elements of the CNDD-FDD looted over 2,000 homes in Nyambuye Zone, 
Bujumbura Rural Province.
    On September 6, members of the CNDD-FDD, who were searching for 
PALIPEHUTU-FNL members or sympathizers, looted approximately 15 houses 
in the Kanyosha Zone of Bujumbura and beat the owners of the houses, 
according to League Iteka.
    No actions were taken against members of the security forces or 
CNDD-FDD responsible for abuses reported in 2003 or 2002.
    Landmines placed by government and rebel forces in past years 
continued to cause civilian deaths and injuries.
    During the year, security forces restricted access by humanitarian 
organizations to parts of Bujumbura Rural Province; although 
authorities said insecurity in those areas made delivery of aid 
impossible, commercial traffic was sometimes not restricted.
    Security forces and former rebel groups continued to have child 
soldiers in their ranks; however, during the year, the Government and 
former rebel groups removed child soldiers from combat units and 
demobilized many of them by year's end (see Section 5).
    There were numerous reports of civilians displaced by fighting (see 
Section 2.d.).
    The PALIPEHUTU-FNL killed, beat, kidnapped, stole from, and raped 
civilians. During the year, League Iteka reported numerous incidents 
where the PALIPEHUTU-FNL killed civilians for supposedly cooperating 
with the FAB or the CNDD-FDD. For example, on March 31, in Mubimbi 
Commune, Bujumbura Rural Province, PALIPEHUTU-FNL members killed two 
men suspected of collaborating with the CNDD-FDD.
    On June 1, PALIPEHUTU-FNL members in Muhuta Commune, Bujumbura 
Rural Province, killed Violette Nzitonda because her husband was a 
member of the CNDD-FDD.
    On July 26, PALIPEHUTU-FNL members killed Paul Ndabanukiye for 
allegedly passing information to security forces in Nyambuye Zone, 
Bujumbura Rural Province.
    The PALIPEHUTU-FNL claimed responsibility for the August 13 
massacre of refugees from the Democratic Republic of the Congo (DRC) at 
the UNCHR-operated transit camp for refugees at Gatumba in Bujumbura 
Rural Province. The PALIPEHUTU-FNL claimed they were attacking armed 
individuals; however, 152 refugees, many of them women and children, 
were killed in the attack. Other armed groups may have been involved in 
the attack. In October, a team of U.N. experts submitted a report to 
the U.N. Secretary General regarding their investigation of the 
massacre (see Section 4).
    The PALIPEHUTU-FNL and armed bandits often killed civilians who 
refused to comply with extortion. There were numerous reports that the 
PALIPEHUTU-FNL regularly ambushed minibuses on national highways, and 
robbed and killed the occupants. U.N. security officials reported 
numerous other ambushes during the year.
    Throughout the year, members of the PALIPEHUTU-FNL were reported by 
League Iteka to have raped civilians.
    League Iteka reported that the PALIPEHUTU-FNL looted homes 
throughout the year. For example, on May 26, in Gihanga Commune, 
Bubanza Province, PALIPEHUTU-FNL members pillaged over 40 homes.
    There were no reports that rebel forces prosecuted or punished 
members who were responsible for abuses.
    The PALIPEHUTU-FNL rebel group used or recruited children as 
soldiers during the year (see Section 5).
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The Transitional Constitution 
provides for freedom of speech and of the press; however, in practice, 
the Transitional Government restricted freedom of speech, and although 
respect for freedom of the press improved during the year, the 
Government at times limited this right. Unlike in the previous year, 
the Transitional Government did not arrest, harass, or detain 
journalists. However, the Transitional Government suspended the 
operations of one Internet news sheet, AGINFO, for 7 days and issued 
warnings to three other media groups. At times, the Transitional 
Government and security forces prevented journalists from going to 
rural areas where crimes occurred, making it difficult to gather 
information about perpetrators or victims. Journalists practiced self-
censorship. During the year, there were no reports that the 
Transitional Government restricted academic freedom.
    The Government restricted freedom of speech through arrests and 
intimidation. On June 24, the state prosecutor summoned Sangwe-Pader 
party chairman Leonidas Havyarimana for interrogation regarding 
statements he had made on the radio. Havyarimana, citing parliamentary 
immunity, disregarded the summons.
    On September 24, police arrested COSYBU labor confederation 
president Pierre Claver Hajayandi and COSYBU treasurer Celestin 
Nsavyimana after they criticized the Transitional Government in an 
address to workers. The intelligence service detained the two men until 
September 30. In addition, the intelligence service confiscated 
COSYBU's computers.
    On October 11, the state prosecutor questioned UPRONA party 
chairman Jean Baptiste Manwangari for allegedly insulting the 
president.
    The Transitional Government controlled the major media. The 
Transitional Government owned the only daily newspaper, the country's 
only television station, and two radio stations, and exercised strong 
editorial control. The government-owned newspaper Le Renouveau was 
published daily. There were six private weekly publications and eight 
private Internet and fax-based news sheets.
    Radio remained the most important medium of public information. The 
government-owned radio broadcast in Kirundi, French, and KiSwahili, and 
offered limited English programming. There were eight privately owned 
radio stations, including Radio Isanganiro, Bonesha FM, and African 
Public Radio (RPA), all of which broadcast in French, Kirundi, and 
KiSwahili. Some stations received funding from international donors. 
Listeners could receive transmissions of foreign news organizations.
    Unlike in the previous year, there were no reports that security 
forces arrested or harassed journalists.
    The Transitional Government continued to restrict, through direct 
and indirect means, reporting on the country's internal conflict. For 
example, on July 14, the Transitional Government suspended the news 
sheet AGINFO for 7 days for issuing a report alleging that South 
African peacekeepers were supplying arms to the PALIPEHUTU-FNL and an 
article claiming that there were signs of a genocide in the country. On 
the same day, the Transitional Government issued warnings to the news 
sheet NETPRESS, as well as to the radio stations Bonesha FM and RPA.
    Unlike in the previous year, there were no reports that the 
Transitional Government suspended radio stations.
    During the year, the Government used prohibitive licensing and rent 
fees to weaken the independent media.
    A media law adopted in November 2003 provides for fines and 
criminal penalties of 6 months' to 5 years' imprisonment for the 
dissemination of insults directed at the President, as well as writings 
that are defamatory, injurious, or offensive to public or private 
individuals. Human rights observers criticized the law as a tool to 
intimidate and censor the media.
    Following the passage of a November 2003 press law, newspapers were 
no longer required to have articles reviewed by the Transitional 
Government before their publication.
    According to the British Broadcasting Corporation, as a result of 
government pressure, journalists continued to practice self-censorship.
    The Transitional Government did not restrict access to the Internet 
during the year.
    During the year, there were no reports that the Transitional 
Government limited academic freedom.

    b. Freedom of Peaceful Assembly and Association.--The Transitional 
Constitution provides for freedom of assembly; however, the 
Transitional Government at times restricted this right in practice. The 
law requires permits for public meetings and demonstrations, and 
applications were sometimes denied to groups, including those that 
criticized or opposed the Transitional Government. There were fewer 
reports that such applications were denied during the year.
    The COSYBU labor confederation reported that the Transitional 
Government often denied its member trade unions the right to assemble 
and peacefully demonstrate during the year.
    During the year, the Transitional Government denied requests by PA 
Amasekanya, a hard-line Tutsi movement, to demonstrate on several 
occasions.
    During the year, security forces also broke up meetings and 
demonstrations, including political demonstrations. For example, on 
August 18, security forces used tear gas to break up a street 
demonstration led by refugees from the DRC protesting the massacre of 
refugees at Gatumba. Some protestors were arrested; however, all were 
released by year's end.
    No action was taken against security forces responsible for using 
excessive force during demonstrations and marches in 2002.
    The Transitional Constitution provides for freedom of association; 
however, the Transitional Government restricted this right in practice 
and arrested members of organizations (see Sections 4). Registration 
was required for private organizations and political parties. Private 
organizations were required to present their articles of association to 
the Ministry of Interior for approval; however, the Transitional 
Government routinely failed to complete the approval process for 
private organizations whose purposes the Transitional Government 
opposed. In November, U.N. representatives expressed concern over the 
Transitional Government's delay in registering former rebel groups as 
political parties.
    From February 22 to May 2, approximately 67 members of PA-
Amasekanya, a hard-line Tutsi movement, were arrested because of their 
membership in a pro-Tutsi militia group, according to PA Amasekanya and 
allied groups. At year's end, some members were still in detention.

    c. Freedom of Religion.--The Transitional Constitution provides for 
freedom of religion, and the Transitional Government generally 
respected this right in practice.
    The Transitional Government required religious groups to register 
with the Ministry of Interior, which kept track of their leadership and 
activities. The Government required religious groups to maintain a 
headquarters in the country.
    On July 12, Dieudonne Hakizimana, a PALIPEHUTU-FNL rebel who 
reportedly admitted to taking part in the December 2003 killing of 
Papal Nuncio Michael Courtney, died in government custody of wounds 
sustained prior to his capture on February 1.
    Archbishop Simon Ntamwana, who was ordered by the PALIPEHUTU-FNL to 
leave the country within 30 days in 2003 after the Papal Nuncio's 
killing remained in the country without incident.
    On August 8, the PALIPEHUTU-FNL reportedly captured a 20-member 
delegation headed by Anglican bishop Pie Ntukamazina in Kabezi Commune, 
Bujumbura Rural Province. CNDD-FDD forces rescued the delegation the 
same day. The motive for the capture was not known.
    On October 18, in Makamba Province, armed assailants shot and 
killed Catholic priest Gerard Nzeyimana. According to press reports, 
Nzeyimana was specifically targeted; the killers reportedly verified 
his identity before killing him. Catholic World News reported that 
Nzeyimana was killed for his stance against human rights abuses; a news 
report from the Fides Agency quoted sources who identified the killers 
as members of the PALIPEHUTU-FNL.
    For a more detailed discussion, see the 2004 International 
Religious Freedom Report.

    d. Freedom of Movement Within the Country, Foreign Travel, 
Immigration, and Repatriation
    The Transitional Constitution provides for these rights; however, 
the Transitional Government restricted them in practice. The 
Transitional Government continued to impose a curfew in parts of the 
country. During fighting between the FAB and CNDD-FDD on one side and 
the PALIPEHUTU-FNL on the other, local populations were routinely 
displaced and their movements were restricted by checkpoints, violence, 
and the threat of violence. Citing insecurity, security forces 
sometimes restricted humanitarian relief agencies' access to local 
populations in Bujumbura Rural province. The Transitional Government 
also cited insecurity as grounds for denying human rights observers 
access to some areas of the country (see Section 4).
    A November 2003 ban on bicycle taxis entering the city center 
remained in effect throughout the year, though it was not regularly 
enforced. The ban, as part of a security measure to prevent rebel 
infiltration of the city, primarily affected persons, particularly poor 
peasant farmers, who could not afford public transportation. The ban 
did not affect those using bicycles for other purposes.
    The law does not provide for forced exile, and the Transitional 
Government did not use it as a means of political control; however, 
many persons remained in self-imposed exile in Belgium, Kenya, 
Tanzania, the DRC, and elsewhere.
    By year's end, the U.N. High Commission for Refugees (UNHCR) had 
facilitated the voluntary repatriation of 83,849 Burundian refugees; in 
addition, there were approximately 6,500 refugees who spontaneously 
repatriated to the country during the year. The repatriates, most of 
whom came from Tanzania and returned to the eastern provinces, often 
returned to find their homes had been burned and their livestock 
stolen. Poor living conditions and a lack of food and shelter were 
problems for returnees during the year. During the year, the UNHCR and 
the Transition Government's National Commission for the Rehabilitation 
of War Victims (CNRS) assisted in the resettlement and reintegration of 
refugees and IDPs; however, some human rights groups criticized the 
Transitional Government for not allocating sufficient resources to 
strengthen the CRNS' capacity to improve conditions for IDPs and 
refugees. According to the UNHCR, as of August, an estimated 750,000 
refugees remained outside the country.
    Civilians were regularly displaced as a result of fighting in 
Bujumbura Rural province between the FAB and CNDD-FDD on one side and 
the PALIPEHUTU-FNL on the other. According to the U.N. Office for the 
Coordination of Humanitarian Affairs (UNOCHA), clashes between the 
PALIPEHUTU-FNL and government security forces, including the CNDD-FDD, 
caused temporary population displacements lasting from 2 days to 3 
weeks in 8 of the 10 communes of Bujumbura Rural Province. At any given 
time during the year, estimated UNOCHA, between 25,000 and 70,000 
persons were displaced in Bujumbura Rural province. For example, 
according to UNOCHA, 80,000 individuals were temporarily displaced in 
February and March, and 35,000 were temporarily displaced in April.
    Unlike in the previous year, there were no reports that security 
forces restricted the movement of IDPs.
    Timely relief was sometimes denied to populations in need, 
including IDPs, due to security conditions and security force 
restrictions (see Section 1.g.).
    According to UNOCHA, there were 145,034 long-term IDPs living in 
170 sites by year's end. The majority were Tutsis who were displaced by 
violence in 1993 and who never returned home. Soldiers provided a 
measure of protection to camp inhabitants. There were reports that camp 
inhabitants sometimes were required to perform labor for soldiers 
without compensation.
    Unlike in the previous year, there were no reports that security 
forces killed persons who remained outside the displacement sites on 
suspicion of collaborating with the rebels, or that Hutu rebels killed 
IDPs for allegedly collaborating with government authorities.
    The law does not provide 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, but the Transitional 
Government has established a system for providing protection to 
refugees. There was a special ad hoc administrative body in the 
Transitional Government that coordinated refugees. In practice, the 
Transitional Government generally provided protection against 
refoulement, the return to a country where they feared persecution, and 
granted asylum status. The Transitional Government cooperated with the 
UNHCR and other humanitarian organizations assisting refugees. There 
were approximately 30,000 refugees in the country at year's end. The 
UNHCR reported in October that it was assisting roughly 9,000 refugees 
from the DRC who had settled in U.N.-run refugee camps. In addition, 
the UNHCR estimated that there were approximately 21,000 DRC refugees 
who had settled in urban areas of the country.
    During the year, the Transitional Government provided protection to 
certain individuals who may not qualify as refugees under the 1951 U.N. 
Convention/1967 Protocol.
    During the year, refugees and asylum seekers were subject to 
killings and other abuses. On August 13, PALIPEHUTU-FNL and possibly 
other armed elements killed 152 refugees from the DRC at the Gatumba 
transit camp (see Section 1.g.). There were reports that DRC refugees 
who survived the August 13 Gatumba massacre were coerced by refugee 
leaders to return to the DRC.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The Arusha Agreement obliged the Transitional Government to hold 
presidential, legislative, and communal elections before November 1; 
however, none of these elections had been held by year's end, and 
citizens did not have the right to change their government. On October 
18, the CENI, which was approved by the National Assembly on August 31, 
proposed to delay the completion of presidential, legislative, and 
communal elections until April 2005 for technical reasons. On October 
20, the Transitional Government approved an interim constitution that 
provided for the Transitional Government to remain in power until a 
referendum on a post-transition constitution was held; however, on 
December 14, the CENI announced that the constitutional referendum 
would also be postponed for technical reasons. By year's end, the date 
of the referendum had not been set.
    In 2000, the Arusha Accord, which provided for a 3-year 
transitional period to end the country's civil war, was signed and 
ratified by the National Assembly. In 2001, a Transitional Constitution 
was adopted, providing for power to be shared between the Tutsi 
minority, which has ruled the country for most of its history, and the 
Hutu majority. In November 2001, the transition period began, and 
President Buyoya was President, and Domitien Ndayizeye, then secretary 
general of FRODEBU, was Vice President.
    In May 2003, President Ndayizeye succeeded former President Buyoya 
to begin the second half of the Transitional Government in accordance 
with the peace agreement; the predominantly Tutsi parties selected 
Alphonse-Marie Kadege as Vice President. During the year, the President 
and 14 of the 26 cabinet ministers were members of predominantly Hutu 
parties. The cabinet also included 12 ministers from predominantly 
Tutsi parties, including the Ministers of Defense and Foreign Affairs.
    On November 10, the President dismissed Vice-President Kadege for 
having ``failed in his primary mission to assist the President'' and 
said he failed to support the country's constitution. Kadege and the 
predominantly Tutsi political parties aligned with him had criticized 
the draft interim constitution for, among other things, not providing 
for what they considered to be an acceptable number of seats in the 
National Assembly reserved for predominantly Tutsi parties. However, by 
December, most predominantly Tutsi parties reportedly had agreed to 
respect the interim constitution.
    The Arusha Agreement, the Transitional Constitution, and the 
October 2003 agreement between the Transitional Government and the 
CNDD-FDD comprise a formula for the restoration of democracy. Under the 
agreement, democratic rule is to be accomplished through elections, and 
the protection of minority rights is to be reflected in a senate and 
armed forces that have a higher percentage of Tutsis than the 
population at large.
    The National Assembly consisted of 186 parliamentarians: Those 
elected in 1993 who sat in the previous National Assembly (or 
substitutes from the same political party, if some of the original 
parliamentarians had died), and 40 additional members. Members of the 
Tutsi community filled 22 of the 40 new seats.
    In March and April, with the entrance of the CNDD-FDD and other 
former rebel groups into the Government, an additional 44 
parliamentarians were added to the National Assembly, of which 15 were 
from the CNDD-FDD. The total number of deputies was 220.
    There were 26 recognized political parties by year's end. UPRONA 
and FRODEBU were the largest political parties and controlled most 
transitional government positions. Although not technically a political 
party, the CNDD-FDD was the largest former rebel group in the 
Transitional Government. The Transitional Government prevented or 
disrupted political demonstrations (see Section 2.b.).
    The National Assembly continued to refuse the demands of human 
rights groups calling for the repeal of a provisional immunity law that 
the Assembly approved on August 2003. The law grants provisional 
immunity to political leaders who return from exile to take part in the 
transitional government institutions. The law covers ``crimes with a 
political aim'' committed from July 1, 1962, to the date of the law's 
promulgation.
    The Transitional Government remained subject to a culture of 
impunity, and widespread corruption remained a problem. Corruption was 
prevalent in the public and private sectors and affected numerous 
public services, including procurement, the granting of land use 
concessions, public health, and the assignment of school grades. A 
portion of the Transitional Government's revenues and expenditures 
remained off-budget, allowing the Transitional Government to use monies 
collected from taxes of such things as beer and gas to fund military 
expenditures. According to Transparency International, in 2003, a 
report by financial inspectors drew attention to the misappropriation 
of $20,000 (20 million Burundian francs) in public funds at Bujumbura's 
city hall. Transparency International also reported that the presence 
of military personnel throughout the countryside has contributed to an 
increase in petty corruption, including extortion at identity checks 
and levying fees on farmers harvesting after the curfew.
    The Ministry of Good Governance is charged with fighting 
corruption, and by year's end, it had prosecuted three cases of 
corruption.
    On March 31, the Transitional Government created a national 
auditing agency, to report to the National Assembly and oversee 
government expenditures, including military expenditures, but by year's 
end, it was not yet conducting audits.
    According to Transparency International, the law does not provide 
for access to government information, and in practice, information was 
difficult to obtain. The law does not allow the media to invoke the 
right to broadcast or publish information in certain cases relating to 
national defense, state security, and secret judicial inquiries. Human 
rights observers criticized the law for its application of poorly 
defined restrictions on the right to access and disseminate 
information; they said that vague prohibitions regarding official 
secrets could easily be used as a broad shield to hide corruption or 
other human rights abuses.
    There were 43 women in the 220-seat National Assembly and 10 women 
in the 54-seat Senate. Of the 26 cabinet seats, women held 3 
portfolios. Three of the eight members of the Supreme Court were women, 
as were two of the seven Constitutional Court members, including its 
president.
    Approximately 1 percent of the population was Twa; although there 
were no Twa in the Cabinet, one Twa was appointed to the National 
Assembly, and three were members of the Senate.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    A number of local and international NGOs, including human rights 
groups, generally operated without government restrictions; however, 
the Government denied journalists, international relief workers, and 
human rights observers access to some areas of the country, citing 
insecurity in rural areas (see Sections 1.g. and 2.d.). Government 
officials, although limited by capacity and resources, cooperated with 
these groups by providing limited access to information and other 
resources.
    Domestic human rights groups received varying degrees of 
cooperation from government ministries; the ministries provided them at 
times with information and facilitated visits to areas of interest. 
While well-established groups with international linkages and a 
presence in Bujumbura had a measure of protection from government 
harassment, indigenous NGOs in the countryside were more susceptible to 
government pressure. In addition, government security services--even if 
willing--were unlikely to be able to protect NGO members from private 
reprisals. Although the Transitional Government did not directly take 
action based on local NGO recommendations, local NGOs continued to 
engage in advocacy. The most prominent local human rights group, League 
Iteka, continued to operate and publish a newsletter.
    At times, the FAB and CNDD-FDD denied human rights observers access 
to areas where they were accused of committing human rights violations. 
Human rights NGOs were unable to investigate reports of killings 
because of these restrictions, which they said were arbitrary. Parts of 
Bujumbura Rural Province often effectively remained off limits for 
humanitarian operations.
    According to a U.N. news service, on October 27, CNDD-FDD 
combatants arrested Innocent Nzeyimana, an employee of a local NGO, 
along with three other civilians, and detained him in an illegal prison 
run by the CNDD-FDD in the northern suburb of Kamenge. Nzeyimana said 
he was accused of siding with the PALIPEHUTU-FNL; however, he said he 
believed he was arrested because he had advised the CNDD-FDD to stop 
harassing civilians.
    The Transitional Government cooperated with the U.N., permitting 
visits by U.N. human rights representatives during the year. The U.N. 
Independent Expert for Human Rights visited the country from October 4 
through 13. The UNOHCHR maintained a four-person observer team in the 
country. The U.N. Operation in Burundi (UNOB) had 20 human rights 
observers in place as of October.
    In October, a team of U.N. experts submitted a report to the U.N. 
Secretary General regarding their investigation of the August 13 
killing of 152 Congolese Tutsi refugees at the Gatumba transit camp 
(see Section 1.g.). The report stated that the Transitional Government 
``failed to move the refugee camp to a safer location prior to the 
attack and failed to adequately protect the refugees and come to their 
aid on the evening of the massacre.'' The report did not conclusively 
determine the identity of the assailants beyond what it called ``the 
likely participation of FNL.'' The report stated that credible but 
unverified information that suggested the involvement of one or more 
actors in the DRC warranted further investigation. The Transitional 
Government characterized the U.N. report as ``incorrect'' and objected 
to the report's criticism of the security forces' response to the 
attack.
    In compliance with the Arusha Agreement, in May, the Transitional 
Government facilitated a U.N. delegation visit to assess the 
possibility of establishing an International Judicial Commission of 
Inquiry and an international tribunal if the Commission of Inquiry 
deemed it warranted. By year's end, neither body had been established.
    On December 27, the Burundian President signed a law establishing a 
National Truth and Reconciliation Commission (NTRC) to investigate 
crimes committed during the country's recent civil war, as well as 
those committed since the country gained its independence in 1962.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The Transitional Constitution provides equal status and protection 
for all citizens, without distinction based on sex, origin, ethnicity, 
or opinion; however, the Transitional Government failed to effectively 
implement these provisions, and discrimination persisted.

    Women.--Domestic violence against women was common; however, no 
credible statistics were available. Wives had the right to charge their 
husbands with physical abuse, but rarely did so. Police normally did 
not intervene in domestic disputes. The law does not specifically 
prohibit domestic violence; however, persons accused of domestic 
violence could be tried under assault provisions of the law. By year's 
end, no known court cases had dealt with domestic abuse. The 
Transitional Government rarely investigated cases involving violence 
against women. According to League Iteka, women were beaten by their 
husbands, forced out of their homes, denied basic food necessities, and 
denied freedom of movement.
    The law prohibits rape, which is punishable by up to 20 years 
imprisonment. The FAB, CNDD-FDD, and the PALIPEHUTU-FNL raped women 
during the year (see sections 1.c. and 1.g.). According to a 2003 AI 
report, domestic rape (outside the context of the conflict) was common. 
According to UNHCRC, many rapes of young girls were committed during 
the year with the belief that they would prevent or cure sexually 
transmitted diseases, including HIV/AIDS. Information on rape has only 
recently begun to be recorded. Few cases of rape were reported to the 
authorities, and many rape victims did not receive medical care due to 
the intimidation caused by cultural attitudes. Men often abandoned 
their wives following the abuse, and women and girls were ostracized. 
In some instances, police and magistrates reportedly ridiculed and 
humiliated women who alleged that they were raped; according to the 
UNOHCHR, there were reports that some police required that victims 
provide food and pay the costs for incarceration of those they accuse 
of rape. According to the UNOHCHR, those who sought judicial redress 
faced the weaknesses of the judicial system, including many judges who 
did not regard rape as a serious crime, and a lack of medical 
facilities for gathering important medical evidence. In the limited 
number of cases that were investigated, successful prosecutions of 
rapists were rare.
    Civil society and religious communities attacked the stigma of rape 
to help victims reintegrate into families that rejected them. Domestic 
human rights groups League Iteka and APRODH continued to encourage 
women to press charges and seek medical care, and international NGOs 
provided free medical care in certain areas. The Transitional 
Government also raised awareness of the problem's extent through 
seminars and local initiatives on the kinds of medical care available.
    The law prohibits prostitution; however, it was a problem. There 
were reports that soldiers and rebels sexually exploited women and 
young girls residing near military installations and rebel camps. 
According to a 2003 report by the Women's Commission for Refugee Women 
and Children, the ongoing conflict has forced many women into 
prostitution to feed their children. Increased prostitution continued 
to contribute to the growing incidence of HIV/AIDS.
    Women faced legal and societal discrimination. Discriminatory 
inheritance laws, marital property laws, and credit practices 
continued. By law, women must receive the same pay as men for the same 
work, but in practice they did not. Women were far less likely to hold 
mid-level or high-level positions. In rural areas, women performed most 
of the farm work, married and had children at early ages, and had fewer 
opportunities for education than men.
    Several local groups worked in support of women's rights, including 
the Collective of Women's Organizations and NGOs of Burundi, and Women 
United for Development.

    Children.--The law provides for children's health and welfare, but 
the Transitional Government could not adequately satisfy the needs of 
children, particularly the large population of children orphaned by 
violence since 1993 and by HIV/AIDS.
    According to the Ministry of Education, the maximum age up to which 
public schooling was provided was 22. Schooling was compulsory up to 
age 12; however, in practice this was not enforced. The Transitional 
Government provided primary school at nominal cost, but it was 
increasingly unaffordable due to the declining economy. UNICEF reported 
during the year that the net primary school enrollment/attendance rate 
for children was 47 percent, with 44 percent of girls enrolled/
attending compared with 49 percent of boys. Sixth grade is the highest 
level of education attained by most children, with approximately 11 
percent of children of secondary school age attending school.
    Female illiteracy was a problem. Approximately 40 percent of women 
were literate compared with 56 percent of men.
    An estimated 550,000 children of school age did not attend school 
for many reasons, including an inability of their families to afford 
school fees and materials, frequent displacement due to civil war, ill 
health, and the deaths of parents as a result of HIV/AIDS, which left 
children orphaned, homeless, or both. More than 25 percent of primary 
schools have been destroyed in the war, and many teachers have been 
killed. Teacher training was interrupted, and it was difficult to find 
qualified teachers to work in some parts of the country.
    Under the law, the country's minimum age for military recruitment 
is 16, although the Transitional Government has stated that no one 
under 18 was recruited; however, throughout the year, there were 
reports that security forces and former rebel groups continued to have 
child soldiers in their ranks, despite the participation of all of 
these groups in a joint government-UNICEF project to demobilize and 
reintegrate children into their communities. No reliable figures were 
available on the exact number of child soldiers in the security forces, 
GP militia, and former rebel groups, and estimates varied significantly 
among different organizations and changed during the year, in part to 
reflect the reported results of demobilization.
    In May, UNICEF estimated that approximately 3,000 child soldiers 
were serving in government forces or former rebel groups. According to 
the Coalition to Stop the Use of Child Soldiers, there were reports 
during the year that the FAB continued to use children as domestic 
laborers, spies, and in combat; however, in June, the FAB reportedly 
ceased conscripting children and--along with some former rebel groups--
reportedly removed child soldiers from combat units. During the year, 
there continued to be reports that some former rebel groups continued 
to recruit and use child soldiers.
    According to a U.N. news agency, some children joined the FAB 
voluntarily by using fraudulent documents such as birth certificates. 
In previous years, according to HRW, children voluntarily attached 
themselves to military units. Most of these children were orphans or 
IDPs who had no independent means of survival. Some observers believed 
the FAB allowed these children to perform menial tasks such as cooking 
in army encampments.
    On January 26, the Transitional Government demobilized 24 child 
soldiers as it officially launched the National Structure for the 
Disarmament, Demobilization, Reintegration, and Prevention of Child 
Soldiers (National Structure). By year's end, the National Structure 
had demobilized and reintegrated 2,913 child soldiers, of which more 
than 2,000 came from the FAB and the GP militia, and 632 from former 
rebel groups. By October, all six former rebel groups, including the 
CNDD-FDD, had joined the child soldier demobilization effort.
    The PALIPEHUTU-FNL continued to use and recruit child soldiers, and 
according to HRW, children were among the PALIPEHUTU-FNL combatants in 
the August 13 Gatumba massacre (see Section 1.g.).
    Child labor was a problem (see Section 6.d.).
    According to UNICEF, HIV/AIDS infection rates in girls aged 15 to 
19 were roughly 2 times greater than in boys of the same age, and 
according to a 2003 UNICEF study, there were an estimated 200,000 
children orphaned by HIV/AIDS in the country. The ongoing conflict and 
increasing prevalence of HIV/AIDS has increased the number of orphans, 
which has resulted in an increase in the number of street children. 
According to the Ministry for the Promotion of Women and for Social 
Action, there were approximately 5,000 street children by year's end. 
Street children were accused of involvement in street crimes. Following 
a series of rapes in December 2003, police rounded up 700 street 
children during the year and took them to a special government center 
for street children. By year's end, 175 remained in the center; the 
rest were returned to their provinces of origin or to the streets.

    Trafficking in Persons.--The law does not specifically prohibit 
trafficking in persons, and there were reports of trafficking. 
Traffickers could be prosecuted under existing laws against assault, 
kidnapping, rape, prostitution, slavery, and fraud. During the year, 
the Transitional Government did not report any prosecutions, 
convictions, or sentences of traffickers; however, it investigated 
alleged cases of trafficking.
    The Ministry of Reinsertion, Repatriation, and Reintegration and 
the Ministry of Institutional Reform, Human Rights, and Parliamentary 
Relations were responsible for combating trafficking. At year's end, 
the Transitional Government was aggressively investigating a case of 
suspected trafficking of women that emerged in 2003.
    During the year, Burundi was a source and transit country for 
children trafficked for the purpose of forced soldiering, and there 
were reports of coerced sexual exploitation of women by both government 
soldiers and rebel combatants. The trafficking of child soldiers by 
both the CNDD-FDD and the PALIPEHUTU-FNL within the country was a 
problem (see Section 5, Children).
    During the year, the Transitional Government supported public 
awareness campaigns and programs to prevent trafficking, and 
demobilized 2,913 child soldiers from the FAB, GP, and six former rebel 
groups (see Section 5, Children).

    Persons with Disabilities.--The Government has not enacted 
legislation or otherwise mandated access to buildings or government 
services such as education for persons with disabilities, and this was 
due in part to a lack of government resources to ensure access to 
buildings and services. Discrimination against persons with 
disabilities was a problem. There were few job opportunities for 
persons with physical disabilities.

    National/Racial/Ethnic Minorities.--There continued to be ethnic 
conflict between the majority Hutus and the minority Tutsis, and 
regional inequities between southern Bururi Province and much of the 
rest of the country. Almost 4 decades of violence and systematic 
societal discrimination have exacerbated tensions between Tutsis and 
Hutus. Tutsis claimed to have been the targets of genocide carried out 
in 1993 by Hutus angered by the assassination of democratically elected 
Hutu president Ndadaye. The Tutsis, particularly southern Tutsis from 
Bururi Province, historically have held power, dominated the economy, 
and controlled the security forces.
    State discrimination against Hutus, who constituted an estimated 85 
percent of the population, continued to affect every facet of society, 
most strikingly in higher education and certain branches of the 
Transitional Government, such as the armed services and the judicial 
system. Northern and eastern Tutsis also had a more difficult time 
acceding to positions of power than Tutsis from the south.
    The Tutsi-dominated FAB discriminated against Hutu members by 
denying them promotion into and within the officer corps. However, 
progress was made in integrating officers from the predominantly Hutu 
CNDD-FDD into the security forces. For example, an integrated army 
general staff was instituted with 14 of 35 members coming from the 
CNDD-FDD.

    Indigenous People.--The Twa (Pygmies), who were believed to be the 
country's earliest inhabitants, comprised approximately 1 percent of 
the population and generally remained economically, socially, and 
politically marginalized (see Section 3). Most Twa lived in isolation, 
without formal education, and without access to government services, 
including health care and the judicial system. A Refugees International 
report released during the year noted that the popular perception of 
the Twa as barbaric, savage, and subhuman had seemingly legitimized 
their exclusion from mainstream society.
    On September 16, authorities burned 50 Twa homes in Busoni Commune, 
Kirundo; Provincial Governor Philippe Njoni ordered that the houses be 
burned because they were built on state-owned land, League Iteka 
reported.

    Other Societal Abuses and Discrimination.--During the year, there 
were reports that discrimination against persons with HIV/AIDS 
increased. In reaction to the perceived increase in discrimination, an 
association for persons living with HIV/AIDS campaigned during the year 
for the Government to enact a law protecting affected persons from 
discrimination and stigmatization.
Section 6. Worker Rights
    a. The Right of Association.--The Labor Code protects the right of 
workers to form and join unions; however, the army, gendarmerie, and 
foreigners working in the public sector were prohibited from union 
participation. The Labor Code does not address state employees and 
magistrates. The Ministry of Labor does not have the authority to 
refuse the registration of a new union.
    According to the International Confederation of Free Trade Unions 
(ICFTU), less than 10 percent of the formal private sector workforce 
was unionized, and only 50 percent of the public sector was unionized. 
However, most citizens worked in the unregulated informal economy, in 
which unrecognized workers have little or no legal protection of their 
labor rights.
    According to the ICFTU, private sector employers systematically 
prevented the creation of trade unions, and the Government failed to 
protect private sector workers' rights in practice.
    Tutsis continued to dominate the formal economy and unions; 
however, Hutus became more involved in the formal economy and unions 
during the year.
    According to the ICFTU, there were allegations during the year that 
the Transitional Government did not allow trade union bodies to select 
their own representatives to the country's tripartite National Labor 
Council. The Labor Code prohibits employers from firing or otherwise 
discriminating against a worker because of union affiliation or 
activity, and the Transitional Government generally respected this 
right in practice. However, in the private sector, the Government often 
failed to protect workers from discrimination by employers, according 
to the ICFTU. In cases where employers dismiss employees because of 
their union affiliation, the Ministry of Labor can order an employee 
reinstated; if the employer fails to comply, the Ministry refers the 
case to the Labor Court, which makes a determination of the severance 
pay and indemnification that the employer must pay.
    The Transitional Government often denied trade unions the right to 
assemble and peacefully demonstrate during the year (see Section 2.b.).
    According to the Confederation of Burundi Labor Unions (COSYBU), 
Vincent Nyandwi, the head of the workers union at the state water and 
electricity company REGIDESO, was dismissed by REGIDESO, allegedly on 
account of his union membership in December 2003. In February, the 
Ministry of Labor called for him to be rehired. REGIDESO rehired 
Nyandwi but transferred him from the city of Bujumbura to an outlying 
area of Bujumbura Rural Province.
    On September 24, police arrested COSYBU labor confederation 
president Pierre Claver Hajayandi and COSYBU treasurer Celestin 
Nsavyimana, and detained them until September 30 (see Section 2.a.).

    b. The Right to Organize and Bargain Collectively.--The Labor Code 
recognizes the right to collective bargaining; however, wages are 
excluded from the scope of collective bargaining in the public sector. 
In practice, collective bargaining was freely practiced.
    Since most workers were civil servants, government entities were 
involved in almost every phase of labor negotiations. Both COSYBU and 
the Confederation of Free Unions in Burundi (CSB) represented labor 
interests in collective bargaining negotiations, in cooperation with 
individual labor unions.
    There are no export processing zones.
    The Labor Code provides workers with a conditional right to strike, 
and workers exercised this right in practice. All other peaceful means 
of resolution must be exhausted prior to the strike action; 
negotiations must continue during the action, mediated by a mutually 
agreed upon party or by the Government; and 6 days' notice must be 
given. The Ministry of Labor must determine if strike conditions have 
been met. The Labor Code prohibits retribution against workers 
participating in a legal strike.
    On March 9, the intelligence service arrested Eulalie Nibizi and 
Adolphe Wakana, heads of the teacher's unions STEB and SLEB; the arrest 
was reportedly in relation to a teachers strike between January and 
March. They were released the same day.

    c. Prohibition of Forced or Compulsory Labor.--The law prohibits 
forced or compulsory labor, including by children; however, there were 
reports that it occurred. During the year, there were reports that 
security forces continued to use persons, including children, to 
perform menial tasks without compensation, and the use of child 
soldiers remained a problem (see Section 5).
    The PALIPEHUTU-FNL forced rural populations to perform 
uncompensated labor, such as the transport of supplies and weapons, and 
recruited children for labor (see Section 5).

    d. Prohibition of Child Labor and Minimum Age for Employment.--The 
Labor Code states that children under the age of 16 cannot be employed 
by ``an enterprise,'' except for the types of labor the Ministry of 
Labor determines to be acceptable, which includes light work or 
apprenticeships that do not damage their health, interfere with normal 
development, or prejudice their schooling; however, child labor 
remained a problem. Children under the age of 16 in rural areas 
regularly performed heavy manual labor in the daytime during the school 
year. According to the ICFTU, the vast majority of children in the 
country worked during the year.
    Children were legally prohibited from working at night, although 
many did so in the informal sector. Most of the population lived by 
subsistence agriculture, and children were obliged by custom and 
economic necessity to participate in subsistence agriculture, family-
based enterprises, and the informal sector. Child labor also existed in 
the mining and brick-making industries. The use of child soldiers and 
child prostitution continued to be problems (see Sections 5).
    The Ministry of Labor enforced labor laws only when a complaint was 
filed; there was one employee complaint during the year (see Section 
6.a.).
    During the year, international organizations, a few NGOs, and labor 
unions engaged in efforts to combat child labor.

    e. Acceptable Conditions of Work.--The legal minimum wage for 
unskilled workers continued to be $0.15 (160 Burundian francs) per day. 
This amount did not provide a decent standard of living for a worker 
and family, and most families relied on second incomes and subsistence 
agriculture to supplement their earnings. Unionized employees, 
particularly in urban areas, generally earned significantly more than 
the minimum wage. Public sector wage scales were set by agreement 
between the Government and either the CSB or COSYBU; however, an 
employee's position on the wage scale was determined by individual 
negotiation between the employer and the employee. The government wage 
scale has remained unchanged since 1992, but allowances, such as for 
housing, have increased.
    The Labor Code stipulates an 8-hour workday and a 45-hour workweek, 
except where workers were involved in activities related to national 
security; however, this stipulation was not always enforced in 
practice. Supplements must be paid for overtime. Alternative work 
schedules were negotiable.
    The Labor Code establishes health and safety standards that require 
safe workplaces. Enforcement responsibility rests with the Minister of 
Labor, who was responsible for acting upon complaints; there were no 
reports of complaints filed with the Ministry during the year. Health 
and safety articles in the Labor Code did not directly address workers' 
rights to remove themselves from dangerous tasks.
    Foreign workers, including undocumented workers, are protected by 
law and were not subject to discrimination; however, they were 
prohibited from union participation.

                               __________

                                CAMEROON

    Cameroon is a republic dominated by a strong presidency. Despite 
the country's multiparty system of government, the Cameroon People's 
Democratic Movement (CPDM) has remained in power since the early years 
of independence. In October, CPDM leader Paul Biya won re-election as 
President. The primary opposition parties fielded candidates; however, 
the election was flawed by irregularities, particularly in the voter 
registration process. The President retains the power to control 
legislation or to rule by decree. He has used his legislative control 
to change the Constitution and extend the term lengths of the 
presidency. The judiciary was subject to significant executive 
influence and suffered from corruption and inefficiency.
    The national police (DGSN), the National Intelligence Service 
(DGRE), the Gendarmerie, the Ministry of Territorial Administration, 
Military Security, the army, the civilian Minister of Defense, the 
civilian head of police, and, to a lesser extent, the Presidential 
Guard are responsible for internal security; the DGSN and Gendarmerie 
have primary responsibility for law enforcement. The Ministry of 
Defense, including the Gendarmerie, DGSN, and DRGE, are under an office 
of the Presidency, resulting in strong presidential control of internal 
security forces. Although civilian authorities generally maintained 
effective control of the security forces, there were frequent instances 
in which elements of the security forces acted independently of 
government authority. Members of the security forces continued to 
commit numerous serious human rights abuses.
    The majority of the population of approximately 16.3 million 
resided in rural areas; agriculture accounted for 24 percent of gross 
domestic product. Real gross domestic product growth has averaged 4 to 
5 percent annually with approximately 2 percent inflation. However, a 
rather large parastatal sector, excessive public-sector employment, and 
the Government's inability to deregulate the economy inhibited private 
investment and further economic recovery. Widespread corruption within 
the business sector and the Government also impeded growth. Members of 
the Beti ethnic group, including the Bulu subgroup, figured prominently 
in the Government, civil service, and the management of state-owned 
businesses.
    The Government's human rights record remained poor, and the 
Government continued to commit numerous serious human rights abuses. 
Citizens' ability to change their government remained severely limited. 
Security forces committed numerous unlawful killings and were 
responsible for regular torture, beatings, and other abuses of persons, 
particularly detainees and prisoners. Impunity remained a serious 
problem. Prison conditions remained harsh and life threatening. 
Security forces continued to arrest and detain arbitrarily various 
opposition politicians, local human rights monitors, and other 
citizens, often holding them for prolonged periods without charges or 
trials, and, at times, incommunicado. The Government regularly 
infringed on citizens' privacy. The Government continued to restrict 
freedoms of speech and press and harassed and threatened journalists. 
The Government restricted freedom of assembly and limited freedom of 
association. Security forces limited freedom of movement. Corruption 
was a serious problem. Violence and discrimination against women 
remained serious problems. There were reports of trafficking in 
persons, primarily children, for the purposes of forced labor. Societal 
discrimination against indigenous Pygmies and ethnic minorities 
continued. The Government continued to infringe on worker rights and 
restricted the activities of independent labor organizations. Child 
labor remained a serious problem. There were reported incidents of 
slavery and forced labor, including forced child labor.
                        respect for human rights
    Section 1 Respect for the Integrity of the Person, Including 
Freedom From:
    a. Arbitrary or Unlawful Deprivation of Life.--There were reports 
of one politically motivated killing by government agents; and security 
forces continued to commit unlawful killings, including killings 
resulting from excessive force. Unlike in the previous year, there were 
no reports that security forces summarily executed suspected criminals.
    On August 20, the private guards of Member of Parliament (M.P.) Gah 
Gwanyin Doh III, who was also the Fon (traditional ruler) of 
Balikumbat, a locality of the North West Province, reportedly beat to 
death John Kohntem, the District Chairman of the Social Democratic 
Front (SDF), the country's leading opposition party. The guards killed 
Kohntem when he was returning from a meeting about presidential 
election preparations, in which he accused the M.P. of committing pre-
electoral fraud. Reports from regional political leaders, human rights 
advocates, journalists, and others indicated that Kohntem was killed 
because he challenged the Fon's traditional authority. There were no 
indications of involvement in the killing by the executive branch of 
the Government. In early September, police reportedly arrested and 
detained 11 suspects; however, the M.P., who had parliamentary immunity 
from prosecution, was not arrested. At year's end, a police 
investigation was ongoing, and the National Commission on Human Rights 
(NCHRF) was also investigating this case.
    Prisoners died in custody during the year, due to abuse by security 
forces, harsh prison conditions, and inadequate medical treatment. For 
example, on January 30, prison wardens at the New-Bell prison in Douala 
beat to death Emmanuel Song Bahanag, whom the wardens had accused of 
assisting four convicts to escape. On February 7, the Director of 
Penitentiary Administration visited the prison, but by year's end, 
there was no record of any official investigation.
    In April, police arrested and detained Laurent Gougang for 2 days 
on charges of robbery before transferring him to the Douala Judiciary 
Police headquarters, where he died. After his death, the Douala 
Prosecutor ordered an investigation and an autopsy, the latter of which 
confirmed that Gougang died from severe, continuous torture. At year's 
end, the investigation was ongoing, and no arrests had been made.
    By year's end, there were no developments in the July 2003 death of 
Emmanuel Banye in police custody.
    During the year, police used excessive force. There were numerous 
incidents where police beat and shot suspects, many of whom were 
fleeing the police. The police used deadly excessive force on a number 
of occasions. For example, on February 16, Christophe Ndi, a police 
officer in plainclothes, shot and killed security guard Justin Abena 
Ngono. According to a subsequent investigation, Ndi was beating a girl 
on a street in Mbandjock in the Center Province when Abena Ngono 
attempted to intervene. By year's end, Ndi was transferred to a 
different police precinct, and an investigation was ongoing.
    On March 30, Samuel Mpacko Dikoume, an officer of the Douala anti-
gang police unit, shot and killed Abel Ngosso in the Douala 
neighborhood of Bonadibong. Ngosso reportedly began to run from an 
unmarked car following him, and Officer Dikoume shot and killed him. By 
year's end, Officer Dikoume was under investigative detention, awaiting 
trial.
    On May 12, police and gendarmes--including Police Inspectors 
Stephen Nguh and John Kunde, Second Grade Police Inspector Tonye, the 
Marshal of the Legion Tokoto, and Gendarme Major Lekunze--reportedly 
beat and severely burned Afuh Bernard Weriwo, who later died of his 
injuries. Police said they believed Weriwo had stolen a bicycle. The 
officers handcuffed Weriwo, beat him severely, and repeatedly burned 
him on his arms and legs while interrogating him at a roadside 
checkpoint near Kumba. Inspector Nguh allegedly forced Weriwo to drink 
Kerosene and set him on fire. In late July, Police Inspector Nguh was 
incarcerated. At year's end, an investigation by police and the NCHRF 
continued; however, no action had been taken against the other officers 
involved.
    On June 28, Gendarme Nohote Messina shot and killed Desire Etoundi 
during a dispute at a bar in the Mvog-Mbi neighborhood of Yaounde. 
Authorities arrested Messina, and on July 6, he was transferred to the 
Yaounde Military Tribunal for preliminary hearings. At year's end, the 
case was ongoing.
    In late March, the Douala Military Tribunal sentenced a gendarme 
officer to a prison term for the 2003 death of army soldier Benangui.
    There were no new developments in the July 2003 killing of David 
Nesoe by an anti-gang police unit; the July 2003 killing by police of 
taxi driver Yeyena Ayouba and four persons protesting that killing; the 
August 2003 killing of Juvenile Mbanzamihigo; or the 2003 sentencing of 
Barthelemy Angandi.
    There were no new developments in the 2003 appeal of the acquittal 
of six army officers charged with the execution of nine youths in 
Bepanda.
    Mob violence and summary justice against those suspected of theft 
and the practice of witchcraft continued to result in deaths and 
serious injuries. Such incidents were reportedly the result of the long 
period of time it often took for law enforcement to respond to requests 
for assistance and the fact that many individuals arrested for serious 
crimes were released without charge hours after their arrests (see 
Section 1.d.).
    On March 16, a mob burned to death Ngambi Evaristus, who reportedly 
had mental disabilities, after he allegedly killed Mama Assanah Chuyi 
in the North West. There were no reports that this case was under 
investigation at year's end.
    On July 20, an angry crowd lynched Serge Ngogang in the Carrefour 
Tif neighborhood of Douala after he reportedly was caught stealing 
construction materials. By year's end, there were no reports that this 
case was under investigation.
    On August 9, a mob beat to death two suspected thieves in Kumba in 
the South West Province. Their bodies were reportedly left on a street 
corner for days to serve as an example to others. In July and August, 
there were also credible reports of suspected thieves being stoned and 
burned to death near the North West town of Bamenda. There were no 
reports that any of these incidents were under investigation at year's 
end.
    In September, a mob beat and killed Desire Sinzeu and Philegon 
Silatchom in the Banengo I neighborhood of Bafoussam in the West 
Province. The two were reportedly members of a local gang of thieves 
responsible for a number of area robberies. Security forces attempted 
to intervene to protect the individuals but were too late. By year's 
end, the Provincial Office of Judicial Police ordered an investigation, 
and 10 suspects had been arrested.
    There were no developments in any of the 2003 mob killings.

    b. Disappearance.--There were no reports of politically motivated 
disappearances during the year.
    Some disappearances of persons who were in the custody of security 
forces in past years may be attributed to summary executions by 
security forces either in Douala or the northern regions; in these 
instances, bodies rarely were found, but the suspects were presumed 
dead.
    There were no developments in the March 2002 disappearance of nine 
youths detained in the Bafoussam Gendarmerie brigade.

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The law prohibits such practices; however, there were 
credible reports that security forces continued to regularly torture, 
beat, and otherwise abuse prisoners and detainees. In the majority of 
cases of torture or abuse, the Government rarely investigated or 
punished any of the officials involved. There were reports that 
security forces detained persons at specific sites where they tortured 
and beat detainees (see Section 1.a.). Security forces also reportedly 
subjected women, children, and elderly persons to abuse. Numerous 
international human rights organizations and some prison personnel 
reported that torture was widespread; however, most reports did not 
identify the victim because of fear of government retaliation against 
either the victim or the victim's family. Most victims did not report 
torture for fear of government reprisal, or because of ignorance of or 
lack of confidence in the judicial system.
    In New Bell and other non-maximum security penal detention centers, 
prison guards inflicted beatings, and prisoners were reportedly chained 
or at times flogged in their cells. Authorities often administered 
beatings in temporary holding cells within a police or gendarme 
facility. Two forms of physical abuse commonly reported by male 
detainees were the ``bastonnade,'' where authorities beat the victim on 
the soles of the feet, and the ``balancoire,'' during which authorities 
hung victims from a rod with their hands tied behind their backs and 
beat them, often on the genitals. There were reports that some 
nonviolent political activists have experienced this abuse during brief 
detentions that followed participation in opposition party activities 
(see Section 2.b.).
    Security forces continued to subject prisoners and detainees to 
degrading treatment, including stripping, confinement in severely 
overcrowded cells, and denial of access to toilets or other sanitation 
facilities. Police and gendarmes often beat detainees to extract 
confessions or information on alleged criminals. Pretrial detainees 
were sometimes required, under threat of abuse, to pay ``cell fees,'' a 
bribe paid to prison guards to prevent further abuse.
    During the year, there were reports that persons in police custody 
died as a result of torture (see Section 1.a.).
    In early January, 11 police officers from the Douala 11 police 
precinct arrested and beat a man named Bikele after reportedly 
receiving a bribe from the man's girlfriend, who said he had stolen 
chairs from her house. Bikele claimed that he owned the furniture. By 
year's end, the police commissioner ordered Bikele's release; however, 
there were no reports of any sanctions against the perpetrators of the 
beating.
    On May 16, Officer Abo of the Bafang police in West Province and 
another officer beat a barrister named Saga after Saga refused to 
produce his identification papers. Saga fell into a coma, from which he 
later recovered. Saga and the Cameroon Bar Association subsequently 
filed a lawsuit against the two officers, who remained on active duty 
at year's end.
    On June 15, the Senior Divisional Officer of the Meme Division (a 
local government official), Joseph Otto Wilson, reportedly assaulted 
and arrested barrister Epie Nzounkwelle after the taxi cab Nzounkwelle 
was in almost collided with Wilson's car. Nzounkwelle was released 24 
hours later, after the intervention of the Senior State Counsel. The 
Cameroon Bar Association sued Officer Wilson and the gendarmes who 
arrested Nzuonkwelle, and the case was ongoing at year's end.
    Security forces beat and harassed journalists during the year (see 
Section 2.a.).
    On January 15, officers from the gendarmerie Mobile Unit in the 
Melen neighborhood of Yaounde sexually abused Biloa Ndongo while she 
was in custody. At year's end, Biloa had a medical report documenting 
the sexual abuse, but she had not obtained the names of the officers 
involved and had not filed a complaint.
    In late February, the Abong-Mbang First Instance Court sentenced a 
police officer to a 3-year prison term and ordered the officer to pay 
$400 (200,000 CFA) for the rape of a teenager girl during police 
detention in January.
    There were no further developments in the January 2003 shooting of 
Jules Temeze Nsangou; the August 2003 shooting of Desire Mbeng; the 
2002 beating of Narcisse Kouokam; the 2002 beating of men and women in 
Noun Division, West Province; and the 2002 arrest and severe torture of 
Jean Rene Ndouma.
    Some illegal immigrants were subjected to harsh treatment and 
imprisonment. Police and gendarme often targeted Nigerian and Chadian 
communities when seeking to identify illegal immigrants. During raids, 
members of the security forces extorted money from those who did not 
have regular residence permits or those who did not have valid receipts 
for store merchandise.
    Prison conditions remained harsh and life threatening. Prisons were 
seriously overcrowded, unsanitary, and inadequate, especially outside 
major urban areas. Due to a lack of funds, serious deficiencies in 
food, health care, and sanitation were common in almost all prisons, 
including ``private prisons'' in the north operated by traditional 
rulers. Prisoners were kept in dilapidated colonial-era prisons, where 
the number of detainees was four to five times the intended capacity. 
According to a report by the International Center for Prison Studies, 
published in late July by the Catholic newspaper La Croix, there were 
67 detention centers for the country's approximately 20,000 detainees. 
Overcrowding was exacerbated by the large number of long pretrial 
detentions and the practice of ``Friday arrests'' (see Section 1.d.). 
In May, a senior official in Bafoussam estimated that out of the 1,800 
inmates in his prison, 1,600 were awaiting trial. To relieve the worst 
of the overcrowding, prisoners were being transferred to less crowded 
prisons. On July 11, the Penitentiary Administration launched a program 
to decongest the New-Bell prison in Douala, and 74 inmates were 
transferred to the Mantum detention center in the North West Province.
    Health and medical care were almost nonexistent, and prisoners' 
families were expected to provide food for their relatives in prison. 
Douala's New Bell Prison contained 7 water taps for a reported 3,500 
prisoners, contributing to poor hygiene, illness, and death.
    Prison officials regularly tortured, beat, and otherwise abused 
prisoners with impunity. Several prisoners died due to harsh prison 
conditions and inadequate medical treatment. On February 26, Ngaki 
Tiako, died from untreated tuberculosis in the chambers of the Douala 
Military Tribunal, where he had been in custody since 2002 on charges 
of banditry. Corruption among prison personnel was widespread. 
Prisoners sometimes could bribe wardens for special favors or 
treatment, including temporary freedom.
    In May, the Secretary of State in Charge of Penitentiary Affairs at 
the Ministry of Territorial Administration, Emmanuel Oteh, visited 
prisons around the country. As a result of his tour, the refurbishment 
of a Yaounde detention center formerly used for political prisoners was 
underway at year's end. Also in May, an additional 800 individuals were 
recruited to work in the prison system. They were in training at year's 
end.
    There were few detention centers for women, who routinely were held 
in prison complexes with men, occasionally in the same cells. In July, 
the Center for Human Rights and Peace Advocacy, a human rights 
organization based in Bamenda in the North West Province, criticized 
this practice. Mothers sometimes were incarcerated with their children 
or babies. Juvenile prisoners often were incarcerated with adults, 
occasionally in the same cells or wards. There were credible reports 
that adult inmates sexually abused juvenile prisoners. Pretrial 
detainees routinely were held in cells with convicted criminals. Some 
high-profile prisoners were separated from other prisoners and enjoyed 
relatively lenient treatment.
    In the north, the Government continued to permit traditional Lamibe 
(chiefs) to detain persons outside the government penitentiary system, 
in effect creating private prisons. Private prisons within the palaces 
of traditional chiefs Rey Bouba, Gashiga, Bibemi, and Tcheboa had a 
reputation for serious abuse. In Garoua, in the North Province, palace 
staff estimated that 50 prisoners were being held in the palace prison 
annually, normally between 1 and 2 weeks. Individuals who were found 
guilty were also often beaten or subject to other forms of physical 
abuse. According to the palace staff, in serious cases, such as murder, 
the accused individuals were turned over to local police.
    The Government has granted international humanitarian organizations 
access to prisoners. Both the local Red Cross and the NCHRF made 
infrequent, unannounced prison visits during the year. The Government 
continued to allow the International Committee of the Red Cross (ICRC) 
to visit prisons. During the year, the ICRC stated that the Government 
allowed international NGOs to have increased access to prisons.

    d. Arbitrary Arrest or Detention.--The law prohibits arbitrary 
arrest and detention and requires an arrest warrant except when a 
person is caught in the act of committing a crime; however, security 
forces continued to arrest and detain citizens arbitrarily.
    The DGSN includes the public security force, judicial police, 
territorial security forces, and frontier police. In rural areas, where 
there is little or no police presence, the primary law enforcement body 
is the gendarmerie. Citizens viewed police as ineffective, which 
resulted in mob violence (see Section 1.a.). It was widely believed 
that such individuals paid bribes to law enforcement and the judiciary 
to secure their freedom. Police officers and members of the Gendarmerie 
were widely viewed as corrupt and frequently arbitrarily arrested and 
detained citizens. Police demanded bribes at checkpoints, and 
influential citizens reportedly paid police to make arrests in personal 
disputes. Impunity was a serious problem. Insufficient funding and 
inadequate training contributed to a lack of professionalism in the 
DGSN.
    During the year, the Government investigated and prosecuted a few 
cases of security personnel accused of violating the law between the 
fall of 2003 and January. For example, on February 24, the Douala 
Military Tribunal sentenced Luc Raymond Kamlo, a navy soldier, to an 8-
year prison term, on banditry charges.
    Police legally may detain a person in connection with a common 
crime for up to 24 hours and may renew the detention three times before 
bringing charges. The law provides for the right to judicial review of 
the legality of detention only in the two Anglophone provinces. 
Otherwise, the French legal tradition applies, precluding judicial 
authorities from acting on a case until the administrative authority 
that ordered the detention turns the case over to the prosecutor. After 
a magistrate has issued a warrant to bring the case to trial, he may 
hold the detainee in administrative or pretrial detention indefinitely, 
pending court action. Such detention often was prolonged, due to the 
understaffed and mismanaged court system. The law permits detention 
without charge by administrative authorities such as governors and 
senior divisional officers for renewable periods of 15 days ostensibly 
to combat banditry and maintain public order. Persons taken into 
detention frequently were denied access to both legal counsel and 
family members. The law permits release on bail only in the Anglophone 
provinces; however, in practice, bail was granted infrequently.
    Police and gendarmes often arrested persons on spurious charges on 
Fridays at mid-day or in the afternoon. While the law in the Anglophone 
provinces provides for a judicial review of an arrest within 24 hours, 
the courts did not convene sessions on the weekend, so the detainee 
remained in detention until at least Monday. Police and gendarmes 
accepted bribes to make such ``Friday arrests'' from persons who had 
private grievances. There were no known cases of policemen or gendarmes 
that were sanctioned or punished for this practice.
    Security forces and government authorities continued to arrest and 
arbitrarily detain various opposition politicians, local human rights 
monitors, journalists, and other critics of the Government, often 
holding them for prolonged periods without charges or trials and, at 
times, incommunicado (see Sections 2.a. and 4). Police also arrested 
persons during unauthorized demonstrations (see Section 2.b.).
    On May 19, the Minister of State for Culture reportedly ordered the 
arrest and detention of Clement Tjomb, the Chairman of the Board of the 
Copyright Association of Professional Photographers and Audiovisual 
Workers. Earlier that same day, a court had determined that Tjomb had 
been elected president of the association, and media reports suggested 
that the Minister supported one of the defeated candidates. On July 30, 
Tjomb was released from custody without being charged.
    In October, gendarmes arbitrarily arrested Bernard Fosso, Secretary 
General of the African Movement for Total Liberation (Molita) and 
refused to disclose his location to his family members. Fosso, who said 
he was arrested because he had criticized the Government, was released 
several days later without having been charged with a crime.
    In November, Fon Chafah XI, a local chief of the Northwest 
Province, arrested and detained Gabriel Ambo, Promotion Officer for the 
Human Rights Defense Group, for allegedly stealing from the Fon. Ambo 
said he was arrested because the Fon believed that he tried to start an 
affair with the Fon's wife. At year's end, he had been released and his 
trial was pending.
    Police frequently arrested persons without identification during 
sweeps (see Section 1.f.).
    Albert Mukong, who was awaiting trial after having been arrested in 
2002 and subsequently released, died on July 12. At year's end, the 19 
other Southern Cameroons National Council (SCNC) activists arrested 
with Mukong continued to await trial.
    The law stipulates that detainees must be brought promptly before a 
magistrate; however, arbitrary prolonged pretrial detention remained a 
serious problem, and sometimes persons were held incommunicado for 
months or even years (see Section 1.c.). For example, in mid-September, 
attorney William Ndieng said his client Benoit Bilongo had been 
detained without trial for 7 years at the Yaounde Central Prison. 
During the year, the NCHRF and Ndieng filed a complaint calling for 
Bilongo's immediate release. By year's end, the case had not been heard 
by a court. Some persons were detained for several months simply 
because they were unable to present identification to authorities.
    In September, the newspaper Mutations ran a story about Barnabe 
Atangana, who was arrested in 1984 for theft and whose case has never 
been brought to trial. According to Atangana's lawyer, the case has 
been delayed because the court was unable to locate Atangana's file. 
Atangana was still in custody at year's end.
    The law specifies that, after an investigation has concluded, 
juveniles should not be detained without trial for longer than 3 
months; however, in practice, the Government detained juveniles for 
longer periods of time. Michel Sighanou, a juvenile who was transferred 
from the Yabassi prison in 1996, has been awaiting trial for more than 
7 years.
    In recent years, there have been reports that some prisoners 
remained in prison after completing their sentences or having been 
released under a court ruling. In late August, the media reported that 
more than 100 prisoners in Douala were being held after the completion 
of their terms, and that many of them were being held because they had 
been unable to pay court fees. During the year, lawyers representing 
these individuals filed suit for their release and also filed a 
complaint at the European Court of Human Rights seeking the prisoners' 
immediate release. By year's end, there were no further developments.

    e. Denial of Fair Public Trial.--The Constitution provides for an 
independent judiciary; however, the judiciary remained highly subject 
to executive influence, and corruption and inefficiency remained 
serious problems. The court system was subordinate to the Ministry of 
Justice, which was part of the Presidency. The Constitution specifies 
that the President is the guarantor of the legal system's independence. 
He also appoints all judges with the advice of the Supreme Council of 
the Magistrature. Some politically sensitive cases were never heard by 
the courts. However, the judiciary has shown some modest signs of 
growing independence. During the year, the courts found the Government 
liable for damages in a few human rights cases involving abuses by 
security officers.
    The court system includes the Supreme Court, a Court of Appeals in 
each of the 10 provinces, and courts of first instance in each of the 
country's 58 divisions.
    Customary courts served as a primary means for settling civil 
disputes in rural areas, primarily in family-related civil cases, such 
as in matters of succession, inheritance, and child custody. Divorce 
cases can be brought to customary courts only if the Government has not 
sanctioned the marriage through an official license. Customary courts 
may exercise jurisdiction in a civil case only with the consent of both 
parties. Either party has the right to have the case heard by a 
statutory court and to appeal an adverse decision in a customary court 
to the statutory courts. Most traditional courts also permitted appeal 
of their decisions to traditional authorities of higher rank.
    The legal system includes both national law and customary law, and 
many criminal and civil cases can be tried using either one; however, 
criminal cases are generally tried in statutory courts, and customary 
court convictions involving witchcraft automatically are transferred to 
the statutory courts, which act as the court of first instance. 
Customary law, which is used most frequently in rural areas, is based 
upon the traditions of the ethnic group predominant in the region and 
is adjudicated by traditional authorities of that group. Customary law 
is deemed valid only when it is not ``repugnant to natural justice, 
equity, and good conscience.'' However, many citizens in rural areas 
remained unaware of their rights under civil law and were taught that 
they must abide by customary laws. Customary law ostensibly provides 
for equal rights and status; however, men may limit women's right to 
inheritance and employment, and some traditional legal systems classify 
wives as the legal property of their husbands (see Section 5).
    The legal structure is influenced strongly by the French legal 
system, although in the two Anglophone provinces certain aspects of the 
Anglo-Saxon tradition apply. In the past, this mixed legal tradition 
has led to conflicting court action in cases handled in both 
Francophone and Anglophone jurisdictions. In June 2003, the 
International Bar Association began to assess ways to harmonize the 
criminal legal system; however, by year's end, no reforms had been 
undertaken.
    The Constitution provides for a fair public hearing in which the 
defendant is presumed innocent. Defendants generally were allowed to 
question witnesses and to present witnesses and evidence on their own 
behalf. Because appointed attorneys received little compensation, the 
quality of legal representation for indigent clients often was poor. 
The Bar Association and some voluntary organizations, such as the 
Cameroonian Association of Female Jurists, offered free assistance in 
some cases. The Project for the Improvement of Conditions of Detention 
to engage lawyers to work on prison cases continued. Trials normally 
were public, except in cases with political overtones and cases judged 
disruptive to social peace.
    On July 2, the Yaounde High Instance Court ruled in favor of 
Innocent Belinga, who had been held without formal charge since his 
arrest in 2000. The court ordered the state treasury to pay Belinga's 
legal fees.
    Political bias often stopped trials or resulted in an extremely 
long process, with extended court recesses. Powerful political or 
business interests enjoyed virtual immunity from prosecution; some 
politically sensitive cases were settled with a payoff.
    Military tribunals may exercise jurisdiction over civilians when 
the President declares martial law and in cases involving civil unrest 
or organized armed violence. Military tribunals also have jurisdiction 
over gang crimes, banditry, and highway robbery. The Government 
interpreted these guidelines broadly and sometimes used military courts 
to try matters concerning dissident groups and political opponents. 
Military trials often were subject to irregularities and political 
influence.
    The Government held political prisoners, including SCNC activists 
and other Anglophones; however, there was no reliable estimate of the 
number being held at year's end. The Government permitted international 
humanitarian organizations to access political prisoners; during the 
year, the International Federation of Human Rights visited political 
prisoners in several prisons.
    In October 2003, the Supreme Court upheld the 1999 ruling of a 
lower court that convicted Titus Edzoa, former Minister of Health and 
long-time presidential aide who opposed President Biya in the 1997 
election, on charges of embezzlement of public funds with Michel 
Thierry Atangana, his campaign manager, and sentenced Edzoa to a prison 
term. He was ordered to pay a substantial fine and incarcerated at the 
maximum-security Gendarmerie headquarters, with very limited access to 
visitors; Edzoa and Atangana were arrested prior to the 1997 election.

    f. Arbitrary Interference with Privacy, Family, Home, or 
Correspondence.--The Constitution prohibits such actions; however, 
these rights were subject to the ``higher interests of the State,'' and 
there were numerous, credible reports that police and gendarmes 
harassed citizens, conducted searches without warrants, and opened or 
seized mail. The Government continued to keep some opposition activists 
and dissidents under surveillance. Police sometimes punished family 
members and neighbors of criminal suspects.
    The law permits a police officer to enter a private home during 
daylight hours without a warrant if he is pursuing an inquiry and has 
reason to suspect that a crime has been committed. The officer must 
have a warrant to make such a search after dark; however, a police 
officer may enter a private home at any time in pursuit of a criminal 
observed committing a crime.
    An administrative authority may authorize police to conduct 
neighborhood sweeps without warrants, at times involving forced entry 
into homes in search of suspected criminals or stolen or illegal goods. 
Although there were fewer sweeps during the year than in the previous 
year, these sweeps continued to occur in Yaounde and Douala. Typically, 
security forces sealed off a neighborhood, systematically searched 
homes, arrested persons arbitrarily, and seized suspicious or illegal 
articles. There were credible reports that security forces used such 
sweeps as a pretext to loot homes and arbitrarily arrest persons for 
minor offenses, such as not possessing identity cards (see Section 
1.c.). For example, on January 14, the Douala police conducted sweeps 
in the Douala neighborhoods of Nkomondo, Bata-Cogo, and Bonibong. 
During this operation, police reportedly arrested 50 individuals, 
including 6 undocumented foreigners; by year's end, all those arrested 
were released after paying fines. Police also reportedly seized 
motorcycles and electronics during the sweeps. The Douala police 
conducted another series of sweeps in late September in Ndokoti, Akwa, 
Deido, and Bonaberi, all neighborhoods in and around Douala.
    During the year, the Ministry of Towns indicated that the houses 
the Government destroyed prior to the 2001 France-Africa Summit were 
illegally built on state land and that their owners were not entitled 
to compensation. The Government continued to prevent persons from 
reoccupying the site from which they were removed.
    There continued to be accusations, particularly in the North and 
Far North Provinces, that traditional chiefs arbitrarily evicted 
persons from their land.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The Constitution provides for 
freedom of speech and of the press; however, the Government continued 
to restrict these rights in practice. The Government sometimes invoked 
strong libel laws to silence criticism of the Government and officials. 
Journalists, particularly broadcast journalists, often practiced self-
censorship as a result of significant government intimidation and 
harassment.
    The Government published one of the country's few daily newspapers, 
the Cameroon Tribune. It did not report extensively on protests or 
political parties critical of the Government, overtly criticize the 
ruling party, or portray government programs in an unfavorable light.
    During the year, approximately 200 privately owned newspapers were 
published; however, only an estimated 20, including Mutations, a 
privately owned daily newspaper, were published on a regular basis. 
Newspapers were distributed primarily in urban areas, and most 
continued to criticize the Government and report on controversial 
issues, including corruption, human rights abuses, and economic 
policies. However, the Government used criminal libel laws to inhibit 
the press, and during the year, laws concerning the propagation of 
false information were also criminalized.
    The publication, distribution, and sale of La Tribune de l'Est, a 
private newspaper highly critical of the Government, was no longer 
banned. During the year, the newspaper faced no harassment by the 
Government.
    Despite the large number of private newspapers in the country, the 
influence of print media was minimal. Distribution was problematic 
outside of major towns, and prices of independent newspapers were high, 
due largely to high government taxes on newsprint; however, during the 
year, the Government established a special fund to support the 
development of the press, particularly newspapers, and funds were 
dispersed to some private newspapers and radio stations during the 
year. According to media reports, funding was awarded very selectively, 
and some media outfits, such as Mutations and Radio Reine, refused to 
apply for funds because of the lack of accountability measures for the 
disbursement of funds. In addition, government control of newspaper 
warehouses allowed the seizure of controversial editions of certain 
newspapers prior to distribution. For example, the Government seized 
two editions of Mutations and one edition of Insight magazine because 
of controversial articles.
    The Government tightly controlled the broadcast media. Radio 
remained the most important medium reaching most citizens. There were 
approximately 20 privately owned radio stations operating in the 
country. The state-owned Cameroon Radio Television (CRTV) broadcast on 
both television and radio and was the only officially recognized and 
fully licensed broadcaster in the country. The Government levied taxes 
on all registered taxpaying citizens to finance CRTV programming, which 
allowed CRTV a distinct advantage over independent broadcasters.
    Non-profit rural radio stations were required to submit an 
application to broadcast but were exempt from paying licensing fees. 
Potential commercial radio and television broadcasters must submit a 
licensing application and pay an application fee when the application 
is submitted. Once the license is issued, stations must then pay a 
licensing fee. The annual licensing fees potentially were prohibitive. 
Between 1999 and year's end, the Ministry of Communication received 
more than 100 applications from potential broadcasters; however, no 
licenses had been issued to any private radio or TV stations by year's 
end. In many cases, the Government allowed stations to operate while 
their licensing applications were pending, although the legal status of 
stations established before 2000 was not well defined and appeared to 
be illegal.
    Although the Communications Ministry had not responded to station 
requests for licenses since 2000, the Government issued a December 2003 
ultimatum to the many stations that were operating illegally, stating 
that they would have to submit the proper paperwork or close down by 
December 31, 2003. Between December 2003 and January, 12 stations 
stopped broadcasting during a 3-week period to bring their licensing 
applications up to date. Most of these stations, including some that 
were critical of the Government, resumed broadcasting in January and 
continued to broadcast at year's end. Although the Government did not 
forcibly close any stations, it refused to register several stations 
that did not submit what the Government deemed to be appropriate 
applications, and those stations closed on their own initiative.
    There were several low-power, rural community radio stations with 
extremely limited broadcast range that were funded by the U.N. 
Educational, Scientific, and Cultural Organization (UNESCO) and foreign 
countries. These stations, which broadcast programs on education, 
health, the environment, and development to small audiences, were not 
allowed to discuss politics. The law permits broadcasting of foreign 
news services but requires the foreigners to partner with a national 
station. The British Broadcasting Company (BBC), Radio France 
International, and Voice of America broadcast in partnership with 
state-owned CRTV. During the year, the Government continued to allow 
the reception of international cable and satellite television 
broadcasts.
    Television was less pervasive but more influential than print 
media. The five independent television stations largely avoided 
criticizing the Government and generally relayed government information 
to the public. Unlike in the previous year, there were no reports that 
the Government controlled private television stations Canal 2 or RTA by 
monitoring content to ensure compliance with an approved format; in 
addition, the stations were no longer under a suspension that had been 
imposed by the Center Province Government in 2003.
    Like the Cameroon Tribune, CRTV provided broad reporting of CPDM 
activities, while giving relatively little attention to the political 
opposition. During the year, CRTV management continued to repeatedly 
instruct CRTV staff to ensure that government views prevailed at all 
times. Prior to and following the campaign period, CRTV television and 
radio programming included a weekly program, Direct Expression, which 
ostensibly fulfilled the Government's legal obligation to provide an 
opportunity for all political parties represented in the National 
Assembly to present their views. However, during the program, CRTV 
continued to restrict the freedom of speech of the opposition party, 
the SDF, by occasionally censoring and significantly shortening 
proposed SDF programming.
    During the presidential campaign period, the Ministry of 
Communications made some efforts to provide equal airtime on CRTV for 
presidential candidates to discuss their positions. Most candidates 
took advantage of this offer; however, three candidates failed to 
submit material for broadcast. The evening news and other reports 
continued to focus on the incumbent and the ruling political party. As 
a result, the incumbent received considerably more coverage than any 
other candidate.
    Security forces continued to restrict press freedom by arresting, 
detaining, physically abusing, threatening, and otherwise harassing 
print-media journalists. On May 18, the Mobile Intervention Unit of the 
Douala police prevented Jean Celestin Edjangue, a press photographer 
with Le Messager newspaper, from shooting pictures of a protest near 
the French consulate. The police injured Edjangue's wrist as he 
resisted their attempts to seize his camera.
    On July 11, police arrested a BBC journalist and a local journalist 
working temporarily for the BBC in the Bakassi peninsula for alleged 
espionage. The journalists were moved to the coastal town of Limbe 
where they were held for 6 days under police guard in a local hotel. 
They were subsequently released without charge.
    On August 31, police arrested Richard Nde, a reporter of the 
Guardian Post, for libel in the town of Bamenda in Northwest Province 
after he wrote an article in which he claimed that the mayor of Kumbo 
in the Northwest Province had embezzled funds. However, many 
journalists said that he was arrested because his newspaper published a 
number of articles prior to the presidential election that were 
critical of the incumbent. By year's end, Nde had paid $1060 (530 CFA 
francs) to be released from prison, and he continued to report for the 
Guardian Post.
    There was no action against those responsible for the 2003 abuse of 
two employees of Mutations.
    Unlike in the previous year, there were no reports that the 
Government forcibly shut down radio stations; however, during the year, 
the Government forcibly took control of one station and continued to 
refuse registration to another.
    On January 26, the Douala Court of First Instance declared itself 
incompetent to rule on the case of Freedom FM, a Douala-based private 
radio station, which the Government had prohibited from going 
operational in May 2003 on the grounds that the owner had not submitted 
to the Ministry of Communication an application for operation, the name 
of the station, or the types of programs the station would broadcast. 
Freedom FM owner Pius Njawe, who has previously been jailed for 
criticizing the President, claimed he had submitted an application to 
the Ministry under a different station name in 2003 but had 
subsequently informed the Ministry of the name change. In October 2003, 
the Ministry of Communications filed a lawsuit against Njawe for having 
illegally created a radio station. In July, the Government rejected an 
application to broadcast submitted by Freedom FM, and seized the 
station's broadcasting equipment. According to the Ministry of 
Communications, the radio equipment had been donated by a foreign 
government to establish a community radio station, not a private one. 
By year's end, this case was pending in another court while the 
Government continued to prevent the station from broadcasting and 
refused to return the confiscated equipment. In addition, in April 
Njawe filed a case with the African Commission of Human Rights and 
Freedom, which was investigating the case at year's end.
    Radio Oku, which was closed in December 2003 by a Divisional 
Officer (local government official), resumed broadcasting in February. 
In April, the Bui High Court found that the Divisional Officer had 
acted illegally when he closed Radio Oku, temporarily detained four 
members of Radio Oku's board of directors, and placed three other 
members under temporary house arrest. The court ordered the Divisional 
Officer to relinquish Radio Oku equipment and to pay the station 
manager approximately $1,400 (750,000 CFA francs). The Divisional 
Officer appealed the judgment, and on April 16, he reportedly arrested 
the station manager and board chairman. The individuals said they were 
abused during their 2-day detention. On May 30, the Divisional 
Officer's agents reportedly took control of the station, stopped its 
normal programming, and began broadcasting. The Ministry of 
Communications refused to become involved in the case because it 
concerned ongoing litigation. At year's end, the Divisional Officer 
remained in control of the station, and the Divisional Officer's legal 
appeal remained pending.
    During the year, the Government indirectly censored the media and 
candidates for political office by controlling campaign advertising. On 
August 25, in anticipation of the October presidential election, the 
Minister of Communication granted itself extensive control over the 
content and format of all campaign material. The restrictions on 
campaign material significantly impeded the amount of advertising and 
advertising revenues that the print media was able to obtain during the 
campaign. In addition, the ruling CPDM party used its influence in CRTV 
radio and television to broadcast special programs, which gave the 
party additional time to campaign. Requirements that all political 
advertising be directed to media authorized by the Ministry of 
Communication meant that most advertising and advertising revenues were 
obtained by CRTV, the only fully authorized TV or radio network in the 
country.
    Unlike in the previous year, there were no reports that the 
Government seized print runs of private newspapers or interfered with 
private newspaper distribution.
    The Government prosecuted its critics in the print media through 
criminal libel laws. These laws authorized the Government, at its 
discretion and the request of the plaintiff, to criminalize a civil 
libel suit or to initiate a criminal libel suit in cases of alleged 
libel against the President and other high government officials; such 
crimes are punishable by prison terms and heavy fines. Criminal 
penalties for speech-related offenses resulted in the practice of self-
censorship by some journalists.
    For example, in July, a court convicted Eric Wirkwa Tayu, the 
publisher of the small private newspaper Nso Voice based in Kumbo, of 
defaming Kumbo's mayor, Donatus Njong Fonyuy. The defamation charge 
reportedly resulted from articles in Nso Voice alleging that the mayor 
was guilty of corruption. The court sentenced Tayu to 5 months in 
prison and ordered him to pay a fine of $600 (300,000 CFA francs). It 
was not known whether Tayu was able to pay the fine or if he had been 
released by year's end.
    During the year, the Ministry of Communication established a number 
of new organizations related to the media. On April 30, the Minister of 
Communication created the Central Office for Press Relations (BCRP) to 
facilitate the press' access to certain government information (see 
Section 3).
    On September 22, the President appointed members to the long-
dormant National Communication Council, which was designed to serve as 
an advisory body on government regulation of the communications sector. 
The Council began operating during the year, and in its post-
presidential election report, it criticized the imbalance of CRTV's 
coverage of the campaign, which it said discriminated against 
opposition parties.
    During the year, there were reports that the Government attempted 
to monitor the Internet. In June, following rumors published on the 
Internet that President Biya had died, the Minister of Communication 
established an Internet regulatory taskforce to identify sources of 
information on the Internet. There were no reports that the taskforce 
was active during the year. There were no reports that the Government 
restricted access to the Internet.
    Although there were no legal restrictions on academic freedom, 
state security informants operated on university campuses. Professors 
said that participation in opposition political parties could affect 
adversely their professional opportunities and advancement. During the 
year, free political discussion at Yaounde's universities was hindered 
by armed government security forces who harassed some students.

    b. Freedom of Peaceful Assembly and Association.--The law provides 
for freedom of assembly; however, the Government restricted this right 
in practice. The law requires organizers of public meetings, 
demonstrations, or processions to notify officials in advance but does 
not require prior government approval of public assemblies and does not 
authorize the Government to suppress public assemblies that it has not 
approved in advance. However, officials routinely have asserted that 
the law implicitly authorized the Government to grant or deny 
permission for public assembly. Consequently, the Government often did 
not grant permits for assemblies organized by persons or groups 
critical of the Government and repeatedly used force to suppress public 
assemblies for which it had not issued permits.
    On numerous occasions throughout the year, authorities refused to 
grant permission to political groups seeking to hold rallies and 
meetings. For example, on October 22, the Prefect of the Wouri Division 
in Douala announced that he would not authorize any political rallies 
because he feared social unrest following the October 11 presidential 
election. He lifted the ban on October 25, shortly after President Biya 
was officially declared to have won the election.
    Security forces forcibly disrupted the meetings and rallies of 
trade unions and opposition parties throughout the year; however, 
unlike in the previous year, no deaths resulted from the police's use 
of excessive force to disperse demonstrations. For example, on January 
12, authorities prevented members of the Front of Alternative Forces 
(FFA), an opposition coalition, from holding a rally in the Douala 
neighborhood of Bonanjo and arrested and detained for 6 hours 11 FFA 
members. On April 2, a gendarmes detachment was deployed in Douala to 
prevent a political rally organized by the Movement for Democracy and 
Independence, an opposition political group, despite the fact that the 
group had received authorization to hold the rally.
    On May 22, security forces prevented members of the National 
Coalition for Reconciliation and Reconstruction (CNRR), an opposition 
group, from entering the municipal stadium in Ebolowa in the South 
Province, where an opposition political rally had been scheduled to 
take place.
    In July, members of the CNRR tried to hold weekly rallies in 
Yaounde to call for the computerization of the voter registration 
process. Although the Government refused to provide permits for these 
rallies, the protestors continued to march. On July 6, gendarmes 
injured some protesters, including an SDF Parliamentarian, when they 
used excessive force to detain a group of protestors on the street for 
several hours. On August 3, a similar event occurred and lasted for 
more than 3 hours, although no injuries were reported.
    On August 19, Douala security forces prevented Jean-Jacques Ekindi 
and members of the FFA from holding a rally in the Douala neighborhood, 
Akwa. Police arrested and briefly detained five members of the FFA.
    On October 21, authorities in Yaounde prevented a press conference 
at the opposition SDF headquarters from taking place by denying 
journalists entry to the site.
    A few days prior to October 1, a traditional day of protest for 
Anglophones, there were reports that police in Bamenda arrested four 
SCNC activists. The individuals were reportedly held for a few days and 
released without charge.
    During the year, the Prefect of Mfoundi lifted a ban he had invoked 
in 2003 to prevent the National Alliance for Democracy, an opposition 
party, from holding meetings.
    During the year, authorities released five protesters arrested 
during a protest in September 2003.
    No action reportedly was taken against the members of the security 
forces who forcibly dispersed demonstrations in 2003 or 2002.
    The law provides for freedom of association, and the Government 
limited this right in practice. The 2002 ban on the SCNC remained in 
effect. At year's end, the Prefect of Douala's Wouri Division continued 
to maintain a June 2003 ban on all activities of the FFA; the Prefect 
said that the group was disorderly and had not applied for legal 
status.
    The conditions for government recognition of a political party, a 
prerequisite for many political activities, were not onerous. More than 
180 political parties operated legally, together with a large and 
growing number of civic associations.

    c. Freedom of Religion.--The Constitution provides for freedom of 
religion, and the Government generally respected this right in 
practice; however, there were a few exceptions.
    Religious groups must be approved and registered with the Ministry 
of Territorial Administration and Decentralization to function legally; 
there were no reports that the Government refused to register any 
group. The approval process usually took several years, due primarily 
to administrative delays. The Government did not register traditional 
religious groups on the grounds that the practice of traditional 
religion was a private concern observed by members of a particular 
ethnic or kinship group or the residents of a particular locality.
    On January 7, the Judicial Police arrested Michel Atanga Effa and 
Gervais Balla as suspects in the 2003 killing of Brother Anton Probst, 
a German missionary working in the Center Province. The two men 
remained in custody awaiting formal charges at year's end.
    In May, a traditional village ruler, or Fon, beat and fined Pastor 
Alombah Godlove for providing a Christian burial for a village elder in 
accordance with the deceased's will. The Fon said that the elder, who 
was also a member of a traditional religious secret society, should 
have been buried with traditional rites. At year's end, no legal action 
had been brought in this case; however, the case was being investigated 
by the NCHRF.
    The practice of witchcraft is a criminal offense under the law; 
however, individuals generally were prosecuted for this offense only in 
conjunction with another offense, such as murder. Witchcraft 
traditionally has been a common explanation for diseases of unknown 
cause.
    Discrimination in the northern provinces, especially in rural 
areas, by Muslims against Christians and persons who practiced 
traditional indigenous religions remained strong and widespread.
    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, in practice security forces routinely impeded domestic travel.
    Roadblocks and checkpoints manned by security forces proliferated 
in cities and most highways, making road travel both time-consuming and 
costly. Extortion of small bribes was commonplace at these checkpoints. 
Police frequently stopped travelers to check identification documents, 
vehicle registrations, and tax receipts as security and immigration 
control measures. During the year, security forces killed at least one 
person they thought was evading a checkpoint (see Section 1.a.).
    There were credible reports that police arrested and beat 
individuals who failed to carry their identification cards (see 
Sections 1.c. and 1.f.).
    The law prohibits forced exile, and the Government did not use it; 
however, some human rights monitors or political opponents who 
considered themselves threatened by the Government left the country 
voluntarily and declared themselves to be in political exile. For 
example, on July 17, Anna Ndep Takem, an activist for the SCNC 
reportedly fled the country after learning that authorities were 
planning to arrest her for providing food and assistance to detained 
SCNC activists in the Yaounde Central Prison.
    The law provides for the granting of asylum and refugee status in 
accordance with the 1951 U.N. Convention Relating to the Status of 
Refugees or its 1967 Protocol, and the Government has established a 
system of 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 cooperated with the office of the U.N. High 
Commissioner for Refugees (UNHCR) and other humanitarian organizations 
in assisting refugees. At year's end, the UNHCR estimated that the 
country provided temporary protection to approximately 60,000 refugees, 
the majority of whom were Chadian and Nigerian, in addition to 6,000 
asylum seekers.
    The Government also provided protection to certain individuals who 
may not qualify as refugees under the 1951 Convention or its 1967 
Protocol.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The Constitution provides that citizens have the right to change 
their government; however, dominance of the political process by the 
President and his party and electoral intimidation, manipulation, and 
fraud severely limited the ability of citizens to exercise this right.
    On October 11, President Biya, who has controlled the Government 
since 1982, was re-elected with approximately 70 percent of the vote in 
an election widely viewed as freer and fairer than previous elections; 
however, the election was poorly managed and marred by irregularities. 
Some observers said progress had been made and called the election 
transparent; others, such as the Commonwealth Observer Group, stated 
that the election lacked credibility. One domestic group described the 
election as a masquerade.
    Opposition candidates participated in the electoral process, and 
the election environment was largely calm and peaceful. However, 
domestic and international observers witnessed a number of electoral 
irregularities, particularly with regard to the registration process, 
methods of identifying voters, the distribution of sufficient ballot 
papers, and the poor quality of the ink used to identify persons who 
had already voted. Such irregularities appeared to have led to high 
levels of voter confusion and apathy. There were also widespread 
allegations of multiple voting by individuals close to President Biya's 
party. Following the election, opposition candidates accused the 
Government of massive vote rigging and appealed (unsuccessfully) to the 
Constitutional Council for the election to be annulled. The Council 
ruled against the opposition candidates, either because they had 
insufficient evidence to sustain their appeals, or because they had 
filed their complaints incorrectly.
    During the year, the Government continued to gradually implement a 
revised constitution enacted in 1996; the 1972 Constitution remained in 
force in areas where the 1996 revisions had not yet been implemented. 
For example, the 1996 Constitution's provision extending the 
presidential term from 5 to 7 years and permitting President Biya to 
run for another term was in effect; however, the composition of the 
National Assembly, an elected body, still was being determined by the 
1972 Constitution. Since 1991, only government bills proposed by the 
Presidency have been enacted by the National Assembly; however, in 
April, the National Assembly agreed to consider a bill submitted by the 
leading opposition party. Only parties with representatives in the 
National Assembly can submit bills for consideration.
    The President's control over the country's administrative apparatus 
was extensive. The President appoints all Ministers, including the 
Prime Minister, and on December 8, the President appointed a new 
Cabinet. The President also directly appoints the governors of each of 
the 10 provinces. The governors, in turn, have considerable power in 
the electoral process to interpret and implement laws. The President 
also has the power to appoint important lower level members of the 58 
provincial administrative structures, including the senior divisional 
officers, the divisional officers, and the district chiefs. The 
governors and senior divisional officers have considerable authority 
within the areas under their jurisdiction, including the authority to 
ban political meetings that they deem likely to threaten public order 
(see Section 2.b.). They also may order the detention of persons for 
renewable periods of 15 days to combat banditry and other security 
threats (see Section 1.d.).
    The right of citizens to choose their local governments remained 
circumscribed. The Government has increased greatly the number of 
municipalities run by presidentially appointed delegates, who have 
authority over elected mayors. Delegate-run cities included most of the 
provincial capitals and some division capitals in pro-opposition 
provinces; however, this practice was nonexistent in the southern 
provinces, which tended to support the CPDM. In municipalities with 
elected mayors, local autonomy was limited since elected local 
governments relied on the central Government for most of their revenue 
and administrative personnel.
    In April, the National Assembly passed legislation that is expected 
to give popularly elected local councils control over many local 
government issues. The first election for these decentralized bodies is 
not scheduled to take place until 2007.
    On April 21, the President signed a law establishing the 
Constitutional Council, which will rule on laws, ensure the fairness of 
elections, and proclaim the results of elections. The Supreme Court 
acted as the Constitutional Council during the October 11 presidential 
election, and by year's end, the members of the Council had not yet 
been appointed by the President.
    On June 13, municipal by-elections were held in five of the six 
districts where the Supreme Court had annulled the 2002 election 
results. Observers reported that the election was free but not 
completely fair; limited improvements were made in comparison to the 
2002 election, but many witnessed irregularities including multiple 
voting, candidates working at polling stations, and extensive 
campaigning on election day at polling stations. The CPDM won in five 
of the six districts and maintained its strong majority in the National 
Assembly. During the campaign, there were some hostile encounters 
between members of the ruling CPDM party and the opposition SDF party, 
and security forces took action to prevent violence.
    The 2002 legislative and municipal elections, which were dominated 
by the CPDM, largely reflected the will of the people; however, there 
were widespread irregularities.
    There were more than 180 registered political parties in the 
country; however, less than 10 were significant, and only 5 had seats 
in the National Assembly. The ruling CPDM held an absolute majority in 
the National Assembly; opposition parties included the SDF, based in 
the Anglophone provinces and the largest of the opposition parties, the 
National Union for Democracy and Progress, the Cameroon Democratic 
Union, and the Union of the Peoples of Cameroon.
    Corruption remained a serious problem in all branches of 
Government. The public perception was that judicial and administrative 
officials were open to bribes in almost all situations. According to a 
corruption survey taken by Transparency International during the year, 
more than 50 percent of persons surveyed in the country reported that 
they or members in their household had paid a bribe in the past 12 
months.
    During the year, local and international activists continued to 
criticize the Government's lack of transparency in managing revenues 
from an international oil pipeline.
    During the year, the Government took a few steps to fight 
corruption. For example, on September 24, President Biya established a 
code for awarding public contracts in a more transparent manner. The 
code specifies rules for the awarding, execution, and oversight of 
public contracts; by year's end, the code had taken effect and 
authorities reportedly were enforcing it. There was a National 
Corruption Observatory to combat corruption within the Government at 
all levels; however, it was severely under-funded, and there were no 
publicized prosecutions of corrupt government officials during the 
year. In addition, in December, the Government announced new rules 
intended to make civil servants more accountable, including a 
disciplinary process that allows for termination of corrupt employees.
    There were no laws providing citizens with access to government 
information, and in practice, such access was difficult to obtain. Most 
government documents were not available to the public, including the 
media. However, on April 30, the Minister of Communication created the 
Central Office for Press Relations (BCRP), which is charged with 
indiscriminately providing all press organs with official government 
information; however, the Government selects the information that is 
disseminated, and the BCRP was not intended to handle requests for 
information from the general public. By year's end, the Office had 
begun operating administratively.
    Women held 18 of 180 seats in the National Assembly, 6 of 61 
cabinet posts, and a few of the higher offices within the major 
political parties, including the CPDM.
    Many of the key members of the Government were drawn from the 
President's own Beti/Bulu ethnic group, as were disproportionately 
large numbers of military officers and CPDM officials.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    A number of domestic and international human rights groups 
generally operated without government restriction, investigating and 
publishing findings on human rights cases; however, government 
officials repeatedly impeded the effectiveness of local human rights 
NGOs during the year by limiting access to prisoners, refusing to share 
information, and threatening and using violence against personnel. 
Between mid-May and mid-November, police harassed Philip Njaru, a human 
rights activist and Executive Director of the Kumba-based Friends of 
the Press Network, a human rights organization in Southwest Province. 
Njaru had been investigating and disseminating information on the case 
of Bernard Afuh, whom the police burned to death (see Section 1.a.). 
Access by international NGOs to prisons reportedly improved during the 
year (see Section 1.c.). The activities of virtually all of these 
groups were limited by a shortage of funds and trained personnel. 
Observers have criticized the country's NGO laws for giving the 
Government the opportunity to deny authorization to operate or 
eliminate NGOs by decree.
    Numerous domestic human rights NGOs operated in the country, 
including, among others, the National League for Human Rights, the 
Organization for Human Rights and Freedoms, the Association of Women 
Against Violence, and the Cameroonian Association of Female Jurists.
    The Government harassed and arrested NGO members during the year. 
For example, on July 21, gendarmes arrested and detained Joseph Chongsi 
of the Center for Human Rights and Peace Advocacy under false 
pretenses; they alleged that he had not paid a debt. He was released on 
July 23 and received an official apology from the Prison Administrator 
in Bamenda.
    There have been no further developments in the 2003 arrest of 
Abdoulaye Math, who was awaiting trial at year's end.
    During its June/July session, the National Assembly greatly 
expanded the role and powers of the NCHRF. The Commission was granted 
the authority to summon witnesses and to publish their reports and the 
findings of their investigations. While the NCHRF remained hampered by 
a shortage of funds, it conducted a number of investigations into human 
rights abuses, visited prisons, and organized several human rights 
seminars aimed at judicial officials, security personnel, and other 
government officers. In July, the NCHRF organized a 2-day seminar for 
NGOs and government officials to develop a training curriculum on human 
rights for law enforcement, members of the judiciary, and other 
citizens. Although the Commission infrequently criticized the 
Government's human rights abuses publicly, its staff intervened with 
government officials in specific cases of human rights abuses by 
security forces, attempted to stop Friday arrests (see Section 1.d.), 
and sought to obtain medical attention for jailed suspects in specific 
cases.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The Constitution does not explicitly forbid discrimination based on 
race, language, or social status. The Constitution prohibits 
discrimination based on sex and mandates that ``everyone has equal 
rights and obligations''; however, the Government did not enforce these 
provisions effectively.

    Women.--The law does not specifically prohibit domestic violence, 
but assault is prohibited and was punishable by prison terms and fines; 
and in practice, domestic violence against women was common. While 
there were no reliable statistics on violence against women, a large 
number of newspaper reports indicated that the phenomenon was 
widespread. Women's rights advocates reported that the law does not 
impose effective penalties against men who commit acts of domestic 
violence. There were no gender-specific assault laws, despite the fact 
that women were the predominant victims of domestic violence. Spousal 
abuse was not a legal ground for divorce. In cases of sexual assault, a 
victim's family or village often imposed direct, summary punishment on 
the suspected perpetrator through extralegal means, ranging from 
destruction of property to beating.
    The law prohibits rape, and although rape occurred, police and the 
courts investigated and prosecuted cases of rape, which resulted in 
some convictions during the year. Official and private media regularly 
covered rape cases handled by the courts during the year.
    The law does not prohibit female genital mutilation (FGM), and FGM 
was not practiced widely; however, it continued to be practiced in 
isolated areas in 3 of the 10 provinces, including some areas of Far 
North, Eastern, and Southwest Provinces. Internal migration contributed 
to the spread of FGM to different parts of the country. The majority of 
FGM procedures were clitorectomies; however, the severest form of FGM, 
infibulation, was performed in the Kajifu region of the Southwest 
Province. FGM usually was practiced on infants and pre-adolescent 
girls. During the year, the Government did not conduct programs to 
educate the population about the harmful consequences of FGM or 
prosecute any persons who allegedly performed FGM; however, the 
Association of Women Against Violence continued to conduct a program in 
Maroua to assist victims of FGM and their families and to educate local 
populations.
    Despite constitutional provisions recognizing women's rights, women 
did not enjoy the same rights and privileges as men. Some points of 
civil law were prejudicial to women. The law allows a husband to oppose 
his wife's right to work in a separate profession if the protest is 
made in the interest of the household and the family; a husband also 
may end his wife's commercial activity by notifying the clerk of 
commerce tribunal of his opposition based upon the family's interest. 
Partly for this reason, some employers required a husband's permission 
before hiring female employees.
    Customary law was far more discriminatory against women, since in 
many regions a woman customarily was regarded as the property of her 
husband. Because of the importance attached to customs and traditions, 
laws protecting women often were not respected. In the customary law of 
some ethnic groups, husbands not only maintained complete control over 
family property, but also could divorce their wives in a traditional 
court without being required to provide either verifiable justification 
or alimony. Polygyny was permitted by law and tradition. In cases of 
divorce, the husband's wishes determined the custody of children over 
the age of 6. While a man may be convicted of adultery only if the 
sexual act takes place in his home, a female may be convicted without 
respect to venue.
    Traditional law normally governed the extent to which a woman may 
inherit from her husband in the absence of a will, and traditions 
varied from group to group. In many traditional societies, custom 
grants greater authority and benefit to male heirs than to female 
heirs. Women also faced the issue of forced marriage; in some regions, 
girls' parents could and did give girls away in marriage without the 
bride's consent. Often the husband, who could be many years older than 
his bride, paid his wife's parents a ``bride price.'' Since a price had 
been paid, the girl was considered the property of the husband. When a 
married man died, his widow often was unable to collect any 
inheritance, since she herself was considered part of the man's 
property. Often the widow was forced to marry one of the deceased 
husband's brothers. If she refused, she had to repay the bride price in 
full and leave the family compound. In the Northern provinces, some 
Lamibe (traditional rulers) reportedly prevented their wives and 
concubines from leaving the palace. The lack of a national legal code 
covering such family issues often left women defenseless against these 
male-oriented customs.
    On May 24, religious leaders, including Catholics, Protestants, and 
Muslims, launched a nation-wide program to fight violence against 
women.

    Children.--During the year, the Government made some efforts to 
protect children's rights and welfare, including participation in 
seminars on children's rights. The Constitution provides for a child's 
right to education, and schooling was mandatory through the age of 14 
years. Since parents had to pay uniform and book fees for primary 
school, and because tuition and other fees for secondary education 
remained costly, education largely was unaffordable for many children. 
The Government took measures during the year to improve access to 
schools. On April 19, the Minister of National Education launched 
``Education-For All Week'' to prioritize education for girls.
    According to statistics from the Ministry, 72.2 percent of girls 
between the ages of 6 and 14 were enrolled in school, compared with 
81.3 percent for boys of the same age group. The low education rate 
continued to be attributed to socio-cultural prejudices, early 
marriage, sexual harassment, unwanted pregnancy, and domestic chores.
    On October 29, the Minister of Education and the Minister of Youth 
and Sports presented the results of a study on the country's education 
system. The study revealed a large disparity between the number of 
potential students and the capacity of the schools. According to the 
report, pre-schools served only 16 percent of all possible students. 
Within the entire school system, the northern provinces were the most 
underprivileged, with only 5.7 percent of all teachers working in the 
Adamawa, North, and Extreme North Provinces combined. The capacity of 
the schools was also inadequate. The study showed that elementary 
schools only had enough seats for 1.8 million students, although 2.9 
million attended school. Another government report indicated that of 
560 high schools throughout the country, only 33 schools had at least 
50 percent of their students pass the baccalaureate exam.
    Although illegal, in practice, girls continued to suffer from 
discrimination with respect to education throughout the country. The 
gap in school attendance was 14 percent nationally and 34 percent in 
the two most northern provinces. This problem, which especially was 
acute in rural areas, resulted in higher levels of illiteracy among 
women than men.
    The exact degree of familial child abuse was not known; however, 
children's rights organizations targeted the problem. Newspaper reports 
often cited children as victims of kidnapping, mutilation, and even 
infanticide. There were several credible stories of mothers (usually 
young, unemployed, and unmarried) abandoning their newborns in streets, 
garbage cans, and pit toilets.
    Despite the law that fixes a minimum age of 15 years for a bride, 
many families facilitated the marriage of young girls by the age of 12 
years. Early marriage was prevalent in the northern provinces of 
Adamawa and the North, but it was especially characteristic of the 
remote Far North Province, where many young women faced severe health 
risks from pregnancies as early as 13 years of age.
    FGM was performed primarily on young girls (see Section 5, Women).
    There were reports of child prostitution and trafficking in 
children during the year (see Section 5, Trafficking).
    Child labor remained a problem (see Section 6.d.).
    Although exact numbers were unavailable, the country had a 
significant number of displaced or street children, most of whom 
resided in urban areas such as Yaounde and Douala.

    Trafficking in Persons.--The law does not specifically prohibit 
trafficking in persons, but the law does prohibit slavery, 
prostitution, forced labor, minimum age requirements for workers, and 
other crimes related to trafficking in persons, and trafficking 
remained a problem. Courts have prosecuted traffickers using various 
provisions of the Penal Code that address related crimes. The country 
was a source, transit, and destination point for internationally 
trafficked persons; trafficking also occurred within the country.
    The law provides that any person who engages in crimes often 
associated with trafficking in persons shall be punished by 10 to 20 
years of imprisonment. In May 2003, four individuals were arrested for 
their involvement in trafficking six children from the town of Obala to 
Yaounde. One of these individuals was convicted and sentenced to 8 
years in prison. There was no information about the other three 
individuals who were arrested. In mid-2003, there were unconfirmed 
reports that police intervened to protect 12 victims of child 
trafficking in the North Province, but no traffickers were arrested in 
relation to that case. On April 21, President Biya ratified three anti-
trafficking conventions, including the Protocol to Prevent, Suppress 
and Punish Trafficking in Persons, Especially Women and Children, 
Supplementing the United Nations Convention Against Transnational 
Organized Crime.
    The Ministry of Labor, Employment, and Social Insurance was 
primarily responsible for fighting trafficking; however, the Ministry 
was severely underfunded. It was believed that authorities prosecuted 
several trafficking cases during the year, but actual rates were 
difficult to determine since traffickers could be prosecuted under 
various sections of the penal code and there was no system for tracking 
outcomes. The Government continued to fight trafficking through the use 
of an interagency committee and a program to find and return trafficked 
children. In addition, the Government cooperated with Gabon, Nigeria, 
Togo and Benin in fighting trafficking, through the exchange of 
information and preparation of common legislation on trafficking.
    Women and children traditionally have faced the greatest risk of 
trafficking and have been trafficked most often for the purposes of 
sexual exploitation and forced labor. Most trafficking in children 
occurred within the country's borders, while most trafficked women were 
transported out of the country. According to anecdotal evidence by the 
NCHRF, women often were ``hired'' into hubs of prostitution, often in 
Europe. The method for trafficking women usually involved a marriage 
proposition by a foreign businessman. The woman was inducted into 
servitude upon arrival at a foreign destination. Girls were internally 
trafficked from the Adamawa, North, the Far North provinces, and from 
the Northwest Province to Douala and Yaounde to work as domestic 
servants, street vendors, or prostitutes. Children were also internally 
trafficked to work on cocoa bean plantations. There have been credible 
reports of slavery, particularly in the Rey Bouba Division of North 
Province, inside the closely guarded compound of a local chieftain, 
where authorities were unable to assert control. Parents sometimes 
offered their young daughters to the Lamido of the North Province of 
the Rey Bouba as gifts.
    During the year, human rights organizations in Bamenda in the 
Northwest Province reported the existence of radio ads offering to take 
adolescent girls between the ages of 10 and 17 to Yaounde and Douala 
for domestic labor. The organization offered to pay transportation and 
a finder's fee to persons who recruited children for domestic labor.
    A 2000 International Labor Organization (ILO) study conducted in 
Yaounde, Douala, and Bamenda, revealed that trafficking accounted for 
84 percent of child laborers. In most cases, intermediaries presented 
themselves as businessmen, approaching parents with large families or 
custodians of orphans and promising to assist the child with education 
or professional training. The intermediary paid parents an average of 
$12 (6,000 CFA francs) before transporting the child to a city where 
the intermediary would subject the child to forced labor with little 
remuneration. In 4 out of 10 cases, the child was a foreigner 
transported to the country for labor. The report also indicated that 
the country was a transit country for regional traffickers, who 
transported children between Nigeria, Benin, Niger, Chad, Togo, the 
Republic of the Congo, and the Central African Republic for indentured 
or domestic servitude, farm labor, and sexual exploitation. Citizens 
also were trafficked to South Africa.
    The Institute for Socio-Anthropologic Research (IRSA) of the 
Yaounde-based Catholic University of Central Africa continued an ILO-
sponsored Exploratory Study on Child Trafficking during the year.
    During the year, the ILO and the Government continued to support an 
awareness campaign to eradicate child trafficking in airports. Special 
anti-trafficking embarkation/disembarkation cards continued to be 
designed and distributed. The cards described the dangers of 
trafficking and how to recognize the phenomenon.
    The Government continued to work with local and international NGOs 
to provide temporary shelter and assistance to victims of trafficking. 
The Catholic Relief Service worked to combat corruption in local 
schools that led to child prostitution.
    On June 10, the Cameroon Red Cross and an Austrian NGO, SOS 
Kinderdorf, signed a convention to protect impoverished children who 
were at the greatest risk of being trafficked or being involved in the 
worst forms of child labor. UNICEF was also actively engaged in 
combating girls' prostitution throughout the year.

    Persons with Disabilities.--The law provides certain rights to 
persons with disabilities, including access to public institutions, 
medical treatment, and education, and the Government was obliged to 
bear part of the educational expense of persons with disabilities, to 
employ them where possible, and to provide them with public assistance 
when necessary; however, the Government rarely honored these 
obligations. There were few facilities for persons with disabilities 
and little public assistance; lack of facilities and care for persons 
with mental disabilities particularly was acute. Society largely tended 
to treat those with disabilities as outcasts, and many felt that 
providing assistance was the responsibility of churches or foreign 
NGOs. The law does not mandate special access provisions to private 
buildings and facilities for persons with disabilities.
    National/Racial/Ethnic Minorities
    The population was divided into more than 200 ethnic groups, among 
which there were frequent and credible allegations of discrimination. 
Ethnic groups commonly gave preferential treatment to fellow ethnic 
group members both in business and social practices.
    Members of President Biya's Beti/Bulu ethnic group from southern 
parts of the country held key positions and were disproportionately 
represented in government, civil service, state-owned businesses, the 
security forces, and the ruling CPDM party.
    The M'Bororo, a semi-nomadic Fulani people whose main economic 
activity is cattle raising, were given rights over pastoral land in the 
Northwest Province by the British colonial government; however, in 
1986, Alhadji Baba Ahmadou Danpullo, a prominent businessman and member 
of the ruling party, established a commercial ranch in Ndawara, 
Northwest Province. During the year, the M'Bororo continued to claim 
that over 18 years, Danpullo has forcibly displaced them, seized their 
land, cattle, and women, and used his money and influence with the 
Government to order the beating and false imprisonment of members of 
the M'Bororo. On March 23, a Bamenda Court of Appeals ordered the 
release of three of the four M'Bororo youths arrested by Bamenda police 
in 2002, Adamu Issa, Yunussa Bagoji, and Haman Usmanu. The fourth 
individual had unsuccessfully attempted to escape prior to the Court's 
ruling and remained in detention at year's end. A special government 
commission of inquiry had reportedly finished hearing testimony and 
completed its research but had not released the results of its 
investigation by year's end.
    Northern areas of the country suffered from ethnic tensions between 
the Fulani (or Peuhl) and the Kirdi. The Kirdi remained socially, 
educationally, and economically disadvantaged relative to the Fulani in 
the three northern provinces. Traditional Fulani rulers, called Lamibe, 
continued to wield great power over their subjects, often including 
Kirdi, sometimes subjecting them to tithing and forced labor. During 
the year, isolated cases of slavery were reported, largely Fulani 
enslavement of Kirdi.
    Natives of the North West and South West Provinces have tended to 
support the opposition party SDF and have suffered disproportionately 
from human rights violations committed by the Government and its 
security forces. The Anglophone community has been underrepresented in 
the public sector. Anglophones generally believed that they had not 
received a fair share of public sector goods and services within their 
two provinces. Some residents of the Anglophone region sought greater 
freedom, equality of opportunity, and better government by regaining 
regional autonomy rather than through national political reform and 
have formed several quasi-political organizations in pursuit of their 
goals.
    At least one Anglophone group, the SCNC, advocates secession from 
the country. During the year, security forces harassed and arrested the 
participants of SCNC meetings (see Section 1.d.). The Government also 
continued to hold some SCNC activists or suspected SCNC supporters in 
temporary detention without charge. The opposition SDF party, whose 
base of support resides in the Anglophone provinces, reiterated its 
commitment to pursue a nonviolent political struggle toward the 
restoration of a federal republic.
    Some members of the country's large community of Nigerian 
immigrants complained of discrimination and abuse by government 
officials (see Section 1.c.). Government officials repeatedly have 
announced crackdowns on undocumented Nigerian immigrants, and illegal 
immigrants were subject to harassment on some occasions.

    Indigenous People.--A population of approximately 50,000 to 100,000 
Baka (Pygmies), a term that encompasses several different ethnic 
groups, primarily resided (and were the earliest known inhabitants) in 
the forested areas of the South and East provinces. While no legal 
discrimination exists, other groups often treated the Baka as inferior 
and sometimes subjected them to unfair and exploitative labor 
practices. Baka reportedly continued to complain that the forests they 
inhabit were being logged without fair compensation. Some observers 
believe that sustained logging was destroying the Baka's unique, 
forest-oriented belief system, forcing them to adapt their traditional 
social and economic systems to a more rigid modern society similar to 
their Bantu neighbors. Local Baka along the path of the Chad-Cameroon 
pipeline continued to complain that they were not compensated fairly 
for their land. Others alleged that they had been cheated of their 
compensation by persons posing as Baka representatives.
    An estimated 95 percent of Baka did not have national identity 
cards; most Baka could not afford to provide the necessary 
documentation to obtain national identity cards, which were required to 
vote in national elections. In early May, Plan International and 
another NGO launched a program to educate Bakas about their political 
rights, which included the construction of a communal radio in the 
region of Abong-Mbang (Upper Nyong Division, East Province). In July, 
the Association of Boumba and Ngoko Divisional Councils conducted a 
campaign through which they were able to issue hundreds of 
identification cards to Bakas in the East Province, thereby allowing 
these individuals to register and vote.

    Other Societal Abuses and Discrimination.--Homosexuality is illegal 
under the penal code, with a possible prison sentence of between 6 
months and 5 years and a possible fine ranging from approximately $38 
to $380 (20,000 to 200,000 CFA francs). While prosecution under this 
law was rare, homosexuals suffered from harassment and extortion by law 
enforcement officials. During the year, there were organizations that 
advocated for the rights of homosexuals, including the Association of 
Justice and Rights for all.
Section 6. Worker Rights
    a. The Right of Association.--The law allows workers to form and 
join trade unions; however, the Government imposed numerous 
restrictions. The law does not permit the creation of a union that 
includes both public and private sector workers, or the creation of a 
union that includes different, even closely related sectors.
    The law requires that unions register with the Government, 
permitting groups of at least 20 workers to organize a union by 
submitting a constitution, internal regulations, and non-conviction 
certifications for each founding member. The law provides for prison 
sentences and fines for workers who form a union and carry out union 
activities without registration. Government officials said that it 
remits certification within 1 month of union application; however, in 
practice, independent unions, especially in the public sector, have 
found it difficult to register. In addition, the requirement for union 
registration contradicts ILO Convention 87, which states that unions 
have the right to exist through declaration and without government 
recognition or registration.
    Registered unions were subject to government interference. The 
Government chose the unions with which it would bargain; some 
independent unions accused the Government of creating small non-
representative unions amenable to government positions and with which 
it could ``negotiate'' more easily. Some sections of labor law have no 
force or effect because the presidency had not issued implementing 
decrees.
    The law prohibits anti-union discrimination, and employers guilty 
of such discrimination were subject to fines up to approximately $1,600 
(1 million CFA francs). However, employers found guilty were not 
required to compensate the workers against whom they discriminated or 
to reinstate fired workers. The Ministry of Labor did not report any 
complaints of such discrimination during the year, although there have 
been credible press reports of union leader harassment.
    Unlike in the previous year, the Government did not arrest union 
leaders. There were no new developments in the 2003 arrest of railroad 
union president Benoit Essiga and his six colleagues.

    b. The Right to Organize and Bargain Collectively.--The law 
provides for collective bargaining between workers and management as 
well as between labor federations and business associations in each 
sector of the economy, and formal collective bargaining negotiations 
took place during the year. There are no export processing zones.
    When labor disputes arose, the Government chose the labor union 
with which it would negotiate, selectively excluding some labor 
representatives. Once agreements were negotiated, there was no 
mechanism to enforce implementation; some agreements between the 
Government and labor unions were then ignored by the Government.
    On August 25, the Minister of Employment, Labor, and Social 
Insurance signed a collective bargaining agreement with the building 
constructions and public works sector. This agreement was the result of 
consultations between the employers' association, worker unions, and 
the Government.
    The Labor Code explicitly recognizes workers' right to strike but 
only after mandatory arbitration, and workers exercised this right 
during the year. Arbitration decisions were not enforceable by law and 
could be overturned or simply ignored by the Government or employers. 
The provision of the law allowing persons to strike does not apply to 
civil servants, employees of the penitentiary system, or workers 
responsible for national security. Instead of strikes, civil servants 
were required to negotiate grievances directly with the minister of the 
appropriate department in addition to the Minister of Labor.
    The law provides for the protection of workers engaged in legal 
strikes and prohibits retribution against them, and in practice, these 
elements of the law were respected.
    Since May 2003, workers of the National Agency for Support to 
Forestry Development began a strike, demanding salary payments 7 months 
in arrears. In November 2003, the strike was suspended but resumed on 
March 17. The 650 workers occupied the compound of the company, and 
occasionally erected roadblocks on the road leading to their working 
place. On May 5, the Government paid the 7 months of salary arrears, 
and at the same time terminated the contracts of all workers. An ad hoc 
committee was put in place to study the modalities for the payment of 
workers' severance dues. The question of which workers, if any, would 
be hired back remained unresolved at year's end.

    c. Prohibition of Forced or Compulsory Labor.--The law prohibits 
forced or compulsory labor; however, it occurred in practice. 
Authorities continued to allow prison inmates to be contracted out to 
private employers or used as communal labor for municipal public works.
    There were isolated reports that slavery continued to be practiced 
in northern parts of the country (see Section 5). In the South and East 
Provinces, some Baka (Pygmies), including children, continued to be 
subjected to unfair and exploitative labor practices by landowners, and 
worked on the landowners' farms during harvest seasons without payment 
(see Section 5).
    The Government does not expressly prohibit forced and compulsory 
labor by children, and there were reports that these practices occurred 
(see Section 5).

    d. Prohibition of Child Labor and Minimum Age for Employment.--The 
law generally protects children in the fields of labor and education 
and specifies penalties ranging from fines to imprisonment for 
infringement; however, child labor remained a problem.
    The law sets a minimum age of 14 for child employment, bans night 
work, and enumerates tasks that children under the age of 18 cannot 
legally perform. These tasks included moving heavy objects, dangerous 
and unhealthy tasks, working in confined areas, and prostitution. The 
law also states that a child's workday cannot exceed 8 hours. Employers 
were required to train children between the ages of 14 and 18, and work 
contracts must contain a training provision for minors. The prohibition 
against night work was not enforced effectively.
    Information on child labor was difficult to obtain; however, 
according to a 2000 study by the ILO and Ministry of Labor, child labor 
existed chiefly in urban areas and in the informal sector such as 
street vending, car washing, agricultural work, and domestic service. 
Many urban street vendors were less than 14 years of age. An increasing 
number of children worked as household help, and some children were 
involved in prostitution. In the north, there were credible reports 
that children from needy homes were placed with other families to do 
household work for pay. In the nation's major cities of Yaounde, 
Douala, and Bamenda, the ILO estimated in 2000 that 40 percent of 
employed children were girls, of whom 7 percent were less than 12 years 
of age, and 60 percent had dropped out of primary school.
    Parents viewed child labor as both a tradition and a rite of 
passage. Relatives often employed rural youth, especially girls, as 
domestic helpers, and these jobs seldom allowed time for the children 
to attend school. In rural areas, many children began work at an early 
age on family farms. The cocoa industry also employed child laborers.
    The Government does not specifically prohibit forced and compulsory 
labor by children, and there were reports that it occurred in practice 
(see Section 5).
    The Ministry of Social Affairs and the Ministry of Labor were 
responsible for enforcing existing child labor laws through site 
inspections of registered businesses; however, the Government did not 
allocate sufficient resources to support an effective inspection 
program. Moreover, the legal prohibitions do not include family chores, 
which in many instances were beyond a child's capacity. During the 
year, the Government employed 58 general labor inspectors to 
investigate child labor cases.
    The ILO/West Africa Cocoa/Agriculture Program to eliminate child 
labor was launched in the country in June 2003. The program's stated 
objective was to remove 1,000 children from hazardous work in the cocoa 
sector over 2 years. According to the project coordinator, by December, 
more than 850 children had been removed from forced labor situations.
    On June 12, the Government, the ILO, and other partners organized 
numerous activities to mark the World Day Against Child Labor, which 
specifically highlighted child domestic labor. Among the activities 
organized were a national media campaign and a soccer match to raise 
awareness of child labor and trafficking.
    On October 22, the Minister of Labor signed an agreement with the 
ILO to allow the ILO to work more effectively to eradicate child labor. 
The agreement established specific contact persons in various 
ministries and agencies involved in antitrafficking activities; it also 
gave the ILO the possibility to freely conduct nationwide 
investigations and cooperate with local organizations of its choice.

    e. Acceptable Conditions of Work.--Under the law, the Ministry of 
Labor was responsible for setting a single minimum wage nationally, 
applicable in all sectors. The minimum wage was approximately $40 
(23,514 CFA francs) per month. The wage did not provide for a decent 
standard of living for an average worker and family.
    The law establishes a standard workweek of 40 hours in public and 
private nonagricultural firms and 48 hours in agricultural and related 
activities. The law mandates at least 24 consecutive hours of weekly 
rest.
    The Government sets health and safety standards. Ministry of Labor 
inspectors and occupational health physicians were responsible for 
monitoring these standards; however, they lacked the resources for a 
comprehensive inspection program. There was no specific legislation 
permitting workers to extricate themselves from dangerous work 
situations without jeopardizing continued employment. Illegal foreign 
workers were not able to claim legal protections.

                               __________

                               CAPE VERDE

    Cape Verde is a multiparty parliamentary democracy in which 
constitutional powers are shared among the elected head of state, 
President Pedro Verona Rodrigues Pires, former President of the African 
Party for the Independence of Cape Verde (PAICV); the head of 
government, Prime Minister Jose Maria Neves; and Neves' party, the 
PAICV. In 2001, Pires was elected by a margin of 12 votes over the 
country's former prime minister and Movement for Democracy (MPD) 
president, Carlos Veiga, in what the National Electoral Commission and 
international media judged to be free and fair elections. Nationwide 
municipal elections held in March also were considered to be free and 
fair. The judiciary generally was independent, but understaffed and 
inefficient.
    Police have primary responsibility for maintaining law and order. 
Civilian authorities maintained effective control of the security 
forces. Some members of the security forces committed isolated human 
rights abuses.
    The country had a market-based economy but little industry and few 
exploitable natural resources. Per capita income during the year was 
estimated at $1,495. The country had a long history of economically 
driven emigration, and remittances from citizens abroad remained an 
important source of income. During the year, locusts and severe drought 
reduced agricultural production, and the country, which generally 
relied heavily on international food aid, produced food for only 15 
percent of its population of approximately 460,000.
    The Government generally respected the human rights of its 
citizens; however, there were problems in some areas. There were 
occasional reports of police abuse, and prison conditions were poor. 
The judicial system was overburdened, and lengthy delays in trials were 
common. Unlike during the previous year, the Government did not 
restrict press freedom; however, there continued to be allegations of 
media self-censorship. Violence and discrimination against women and 
mistreatment of children were serious problems. Child labor occurred.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Arbitrary or Unlawful Deprivation of Life.--There were no 
reports of the arbitrary or unlawful deprivation of life committed by 
the Government or its agents.

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

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The Constitution prohibits such practices; however, there 
were credible reports that police continued to beat persons in custody 
and in detention, despite government efforts to stop such practices.
    The Government investigated allegations of human rights abuses by 
police; however, these investigations did not result in any legal 
action against the perpetrators.
    Prison conditions were poor, and facilities were severely 
overcrowded. Sanitation and medical assistance were poor; however, a 
doctor and a nurse were available, and prisoners were taken to the 
public hospitals for serious problems. Psychological problems among 
prisoners were common.
    Although women and men were held separately, juveniles were not 
held separately from adults, and pretrial detainees were not held 
separately from convicted prisoners.
    The Government permitted both formal visits by international human 
rights monitors to prisons and visits to individual prisoners; however, 
there were no such visits during the year. Local nongovernmental 
organizations (NGOs) and media representatives frequently visited the 
prisons and reported on prison conditions.

    d. Arbitrary Arrest or Detention.--The law prohibits arbitrary 
arrest and detention, and the Government generally observed these 
prohibitions.
    The country's police force is organized nationally under the 
Ministry of Justice and is made up of the Public Order Police, which 
are responsible for enforcement, and the Judicial Police, which are 
responsible for investigations. Corruption was not a significant 
problem, and police were subject to legal and disciplinary measures in 
cases of misconduct. Logistical constraints, including lack of 
vehicles, limited communications equipment, and poor forensic capacity, 
limited police effectiveness.
    The law stipulates that a suspect must be charged before a judge 
within 48 hours of arrest. Police may not make arrests without a court 
order unless a person is caught in the act of committing a felony. The 
courts had jurisdiction over state security cases, and there was a 
functioning bail system.
    Judicial backlogs resulted in lengthy pretrial detentions, and 
detainees often remained in jail without charge for more than a year. 
The dropping of charges without a court judgment was a frequent means 
for terminating criminal cases.

    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 understaffed and 
inefficient.
    The judicial system is composed of the Supreme Court and the 
regional courts. Of the five Supreme Court judges, one is appointed by 
the President, one by the National Assembly, and three by the Superior 
Judiciary Council, which is composed of the President of the Supreme 
Court, the Attorney General, eight private citizens, two judges, two 
prosecutors, the senior legal inspector of the Attorney General's 
office, and a representative of the Ministry of Justice. Judges were 
independent and could not belong to a political party.
    The Constitution provides for the right to a fair trial. Defendants 
are presumed to be innocent; they have the right to a public, nonjury 
trial; to counsel; to present witnesses; and to appeal verdicts. Free 
counsel is provided for the indigent. Regional courts adjudicate minor 
disputes on the local level in rural areas. The Ministry of Justice 
does not have judicial powers, which are held by the courts. Defendants 
can appeal regional court decisions to the Supreme Court.
    The judiciary generally provided due process; however, the right to 
an expeditious trial was constrained by a seriously overburdened and 
understaffed judicial system. A backlog of cases routinely led to trial 
delays of 6 months or more; more than 12,055 cases were pending at the 
end of 2003.
    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 freedom of speech; unlike in the previous year, there were no 
reports that the Government restricted freedom of the press. There was 
a substantial and growing independent press; however, there continued 
to be reports of media self-censorship. The Government did not restrict 
academic freedom.
    There were three independent newspapers and one state-owned 
newspaper; six independent radio stations and one state-owned radio 
station; and one state-owned television station and two foreign-owned 
stations. Foreign broadcasts were permitted. Journalists were 
independent of government control and were not required to reveal their 
sources; however, journalists--particularly those associated with the 
government-controlled media--practiced self-censorship.
    The law requires a formal licensing mechanism for mass media, 
including government authorization to broadcast; however, there were no 
reports that licenses were denied or revoked or that the Government 
refused to authorize broadcasts during the year.
    The 2002 case, filed against an attorney who had accused a former 
Chief Justice of rigging the 2001 presidential election, remained under 
investigation at year's end.
    The 2002 defamation case filed by the Government against the 
newspaper A Semana remained pending before the Supreme Court at year's 
end; the newspaper had published an article that criticized the 
judiciary.
    Freedom of expression may or may not be used as a defense in cases 
involving defamation or offense to personal honor. Despite the broadly 
interpreted criminal libel laws, no independent media outlets reported 
direct pressure in their daily operations or business activities.
    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.

    c. Freedom of Religion.--The Constitution provides for freedom of 
religion, and the Government generally respected this right in 
practice.
    The Catholic majority enjoyed a privileged status in national life. 
For example, the Government provided the Catholic Church with free 
television broadcast time for religious services and observed its holy 
days as official holidays.
    To be recognized as legal entities by the Government, religious 
groups must register with the Ministry of Justice; however, failure to 
do so did not result in any restriction on religious belief or 
practice.
    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 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 2001, Pedro Verona Rodrigues Pires, former 
president of the PAICV, was elected by a margin of 12 votes over the 
country's former Prime Minister and MPD president, Carlos Veiga. The 
MPD, the principal opposition party, held power from 1991 until 2001 
after defeating the PAICV, which held power in a one-party state from 
independence in 1975 until 1991. The PAICV won the legislative 
elections in 2000 and has an absolute majority in the National 
Assembly. In March 21 municipal elections, the MPD increased its number 
of mayors from 7 to 9 out of 17 mayoral districts. The National 
Electoral Commission and the international media judged the 2000 
legislative elections, the 2001 presidential elections, and the March 
municipal elections to be free and fair.
    The Constitution provides for the separation of powers. 
Constitutional powers were shared among President Pires, Prime Minister 
Jose Maria Neves, and the PAICV party. Cabinet ministers were subject 
to confirmation by the President. Collectively they must retain the 
support of a parliamentary majority. The President could dismiss the 
Government with the approval of the political parties represented in 
the National Assembly and the Council of the Republic; the Council 
consisted of the President of the National Assembly, the Prime 
Minister, the President of the Constitutional Court, the Attorney 
General, the Ombudsman, the President of the Economic and Social 
Council, the former presidents, and five private citizens appointed by 
the President. The MPD and the Party of Democratic Convergence were the 
main opposition parties.
    The Constitution provides for freedom of access to information 
without limitation, provided that privacy rights are respected; 
however, there were no requests for such information during the year, 
in part because few persons were aware of this right.
    There were 11 women among the elected deputies in the 72-seat 
National Assembly and 4 women in the 17-member Cabinet.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    A number of domestic human rights groups generally operated without 
government restriction, investigating and publishing their findings on 
human rights cases. Government officials generally were cooperative and 
responsive to their views.
    There were three private human rights groups: The National 
Commission of the Rights of Man, the Ze Moniz Association, and the 
Alcides Barros Association.
    The powers of the independent Ombudsman, who serves a 5-year term, 
were defined in July 2003; however, no Ombudsman had been elected by 
year's end.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The Constitution prohibits discrimination based on race, sex, 
religion, disability, language, or social status; however, the 
Government did not enforce these provisions effectively, and not all 
elements of society, particularly women and children, enjoyed full 
protection against discrimination. During the year, the Government 
amended the Penal Code to include sexual crimes and verbal and mental 
abuse towards women and children as punishable acts; however, because 
existing penalties were viewed as too severe, the Government reduced 
the penalties associated with physical and sexual abuse.

    Women.--Domestic violence against women, including wife beating, 
was common. The Government and civil society encouraged women to report 
criminal offenses such as spousal abuse and rape, which was punishable 
by 2 to 13 years' imprisonment; however, longstanding social and 
cultural values inhibited victims from doing so. While there were 
mechanisms to deal with spousal abuse, in practice, these mechanisms 
neither ensured the punishment of all those responsible nor effectively 
prevented future violence. Nevertheless, reporting of such crimes to 
police continued to increase during the year, and violence against 
women was the subject of extensive public service media coverage in 
both government- and opposition-controlled media.
    Women's organizations, like the Women Jurists' Association, 
continued to seek legislation to establish a special family court to 
address crimes of domestic violence and abuse; however, there was no 
such legislation by year's end. The revised Penal Code protects certain 
rights of the victims of sexual, mental, and verbal abuse; however, it 
did not ensure compensation.
    Despite constitutional prohibitions against sex discrimination and 
provisions for full equality, including equal pay for equal work, 
discrimination against women continued. Although they often were paid 
less than men for comparable work, women were making inroads in various 
professions, especially in the private sector.
    The Constitution prohibits discrimination against women in 
inheritance, family, and custody matters; however, women often were 
reluctant to seek redress of domestic disputes in the courts. The 
Organization of Cape Verdean Women alleged that there was 
discriminatory treatment in inheritance matters, despite laws that 
called for equal rights. For example, some women were pressured to sign 
judicial agreements detrimental to their statutory inheritance rights.
    The Women Jurists' Association provided free legal assistance to 
women throughout the country suffering from discrimination, violence, 
and spousal abuse.

    Children.--The Government remained committed to children's rights 
and welfare. The Government provided free, mandatory education for 6 
years of primary school for all children, which normally covered 
children aged 6 to 12. Education was compulsory until age 11; however, 
secondary education was free only for children whose families had an 
annual income below approximately $1,951 (160,000 Cape Verdean 
escudos). According to UNICEF, primary school attendance from 1996 to 
2003 was approximately 98 percent. Attendance rates by boys and girls 
differed by less than 1 percent.
    Students may be suspended from classes during pregnancy or nursing, 
and individual schools were responsible for enforcing the rule; 
however, unlike in the previous year, there were no reports of such 
suspensions.
    Child abuse and mistreatment, sexual violence against children, and 
juvenile prostitution were problems, exacerbated by chronic poverty, 
large unplanned families, and traditionally high levels of emigration 
of adult men. The media reported cases of sexual abuse against children 
and adolescents. The inefficiencies of the judicial system made it 
difficult for government institutions to address the problem.

    Trafficking in Persons.--The law prohibits trafficking in minor 
persons, and there were no reports that persons were trafficked to, 
from, or within the country. Sentences for trafficking in children 
ranged from 2 to 13 years' imprisonment.

    Persons with Disabilities.--Although the Constitution mandates 
``special protection'' for the aged and persons with disabilities, the 
Government did not require access to public buildings or services for 
persons with disabilities; however, there was no discrimination against 
persons with disabilities in employment, education, access to health 
care, or in the provision of other state services. Several NGOs, 
including an association for the blind, were active.
Section 6. Worker Rights
    a. The Right of Association.--The Constitution allows workers to 
form and join unions without previous authorization or excessive 
requirements, and workers exercised this right in practice. 
Approximately 22 percent of workers were unionized.

    b. The Right to Organize and Bargain Collectively.--The 
Constitution provides for the right to organize, to operate without 
hindrance, and to sign collective work contracts; however, there has 
been very little collective bargaining, and there were no signed 
collective bargaining agreements during the year. There are no special 
laws or exemptions from regular labor laws in export processing zones.
    Workers and management in the small private sector, as well as in 
the public sector, normally reached agreement through negotiations. 
Although there were no collective labor contracts, workers succeeded in 
negotiating important issues such as salary increases; however, as the 
country's largest employer, the Government continued to play the 
dominant role in setting wages. It did not fix wages for the private 
sector, but salary levels for civil servants provided the basis for 
wage negotiations in the private sector.
    The Constitution provides union members with the right to strike, 
but the Government at times limited this right. In the past, when 
workers attempted to strike, the Government invoked a ``civil request'' 
under which it had the power, in an emergency or if a strike threatened 
coverage of basic needs, to name a list of minimum services that a 
union must continue to provide during any strike. The Government 
continued to requisition workers to curtail strikes and to interpret 
essential services in the broadest terms. The Government took measures 
during the year to amend its legislation so that if parties disagreed 
on the minimum services to be provided during strikes, an independent 
body could resolve the dispute; however, the Government had not created 
an independent body to resolve such differences by year's end.

    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 children under the age of 16 from working at night, more 
than 7 hours per day, or in establishments where toxic products were 
produced; however, the Government rarely enforced the law, and child 
labor occurred. The legal minimum age for employment was 16 years, 
which was inconsistent with the age for completing educational 
requirements (see Section 5). The Ministries of Justice and Labor were 
responsible for enforcing child labor laws; however, such laws were 
seldom enforced.

    e. Acceptable Conditions of Work.--There were no established 
minimum wage rates in the private sector. Large urban private employers 
linked their minimum wages to those paid to civil servants. For an 
entry-level worker, this wage is approximately $146 (12,000 Cape 
Verdean escudos) per month. The majority of jobs paid wages that did 
not provide a worker and family with a decent standard of living; most 
workers relied on second jobs and extended family support.
    The law provides for a maximum workweek for adults of 44 hours, 
prohibits excessive compulsory overtime, and requires that a premium be 
paid for work above the standard workweek. While large employers 
generally respected these regulations, many domestic servants and 
agricultural laborers worked longer hours.
    The Director General of Labor conducted sporadic inspections to 
enforce the labor code and imposed fines on private enterprises that 
were not in conformity with the law; however, the Government did not 
enforce labor laws systematically, and much of the labor force did not 
enjoy their protection.
    The Government has not set occupational health and safety 
standards; however, there is a general provision in the law that 
requires employers to provide a healthy and safe work environment. Few 
industries employed heavy or dangerous equipment, and work-related 
accidents were rare. There is no legal provision for workers to remove 
themselves from unsafe working conditions without jeopardizing their 
continued employment.
    There are no provisions to protect illegal foreign workers.

                               __________

                      CENTRAL AFRICAN REPUBLIC\1\
-----------------------------------------------------------------------

    \1\ The American Embassy in Bangui temporarily suspended operations 
on November 2, 2002 in response to security concerns following a 
military coup.
-----------------------------------------------------------------------
    Under a suspended Constitution, the Government of the Central 
African Republic (CAR) is comprised of a strong executive branch and 
weak legislative and judicial branches. In March 2003, a 6-month 
rebellion culminated in a military coup led by former Armed Forces 
Chief of Staff General Francois Bozize, with the assistance of 
demobilized Chadian soldiers and the tacit involvement of active 
Chadian soldiers. The coup deposed then-President Ange-Felix Patasse, 
who had been re-elected in 1999. General Bozize declared himself 
President, suspended the Constitution, and dissolved the National 
Assembly. In 2003, he appointed a Prime Minister; appointed a 
transitional cabinet composed of members of all political parties, 
including the party of deposed President Patasse, and civil society; 
and established a National Transitional Council (CNT), a legislative 
body comprised of 96 representatives from civil society and all 
political parties. During the year, the Government repeatedly affirmed 
its commitment to reinstate democratic governance, and took a series of 
actions in preparation for national elections in 2005. On December 5, 
citizens approved by national referendum a new Constitution, which took 
effect in late December. During the year, pockets of lawlessness 
persisted in parts of the country, and the Government was significantly 
affected by insecurity and the threat of conflict. In April, the 
Government deployed 200 soldiers to fight banditry in the northern and 
northwest provinces, including Kemo and Ouham-Pende. The judiciary was 
subject to executive interference.
    The National Police are under the direction of the Ministry of 
Interior and Public Security, while the military forces and the 
National Gendarmerie are under the jurisdiction of the Ministry of 
Defense; all share responsibility for internal security. Civilian 
authorities did not maintain effective control of the security forces. 
By mid-January, the Government had disbanded the Security Investigation 
Division (SERD), a military intelligence unit that operated as part of 
presidential security services, due to accusations that the SERD 
committed serious human rights abuses during 2003. In December 2003, 
President Bozize signed an order dismissing a number of soldiers from 
the army because of indiscipline; the soldiers named reportedly were 
removed from army lists and sent home. As part of its efforts to 
protect citizens and safeguard property, the Government continued to 
support joint security operations in the capital conducted by the Armed 
Forces, the Central African Economic and Monetary Community (CEMAC) 
force, and French forces. In addition, BONUCA, a U.N. peace-building 
mission in the country, operated during the year. Members of the 
security forces committed numerous serious human rights abuses.
    The economy, already extremely weak because of repeated political-
military troubles and a cycle of coup attempts, was in a state of 
collapse, with approximately 60 percent of the population living at or 
below the poverty line. The economy was partially market based and 
partially government directed, and was dominated by subsistence 
agriculture. Approximately 80 percent of its 3.8 million citizens were 
farmers. Some international donors continued to suspend financial 
assistance during the year. Large-scale looting and vandalism in the 
wake of the coup devastated not only the state infrastructure and 
facilities but also the remaining economic and industrial activity of 
the country. The salary arrears owed to civilian employees and the 
military continued to impair the functioning of the Government and the 
ability of the State to enforce the rule of law. Misappropriation of 
public funds and corruption in the Government remained widespread. In 
addition, the large number of displaced persons continued to adversely 
affect economic productivity, especially in the agricultural sector, 
during the year. An estimated 13.5 percent HIV/AIDS prevalence rate for 
adults between the ages of 15 and 49 continued to place an increasing 
burden on the country's resources through rising medical expenditures, 
absenteeism from work, labor shortages resulting from morbidity and 
mortality, and training of replacement labor.
    The Government's human rights record remained poor; although there 
were some improvements in a few areas, serious problems remained. 
Citizens did not have the right to change their government peacefully 
during the year; however, the Government took some steps toward 
restoring democratic institutions. Security forces continued to commit 
extrajudicial and other unlawful killings, including government-
tolerated executions of suspected bandits, and impunity remained a 
problem. Security forces continued to torture, beat, and otherwise 
abuse suspects and prisoners. Other abuses included harsh prison 
conditions, arbitrary arrest, prolonged detention without trial, and 
infringements on privacy. The Government restricted freedom of the 
press, although there were some improvements in respect for freedom of 
the press, and at times the Government restricted the freedoms of 
assembly and association. The Government restricted freedom of 
movement. Corruption was a widespread problem. Violence and 
discrimination against women, female genital mutilation (FGM), 
prostitution, trafficking in persons, discrimination against indigenous 
people (Pygmies), and child labor, including instances of forced child 
labor, continued to be problems. Societal violence also remained a 
problem.
    The Government took significant steps to improve human rights 
during the year. In April and May, President Bozize authorized the 
creation of the Joint Independent Electoral Commission (CEMI) and 
appointed members--including several representatives of political 
parties and civil society--to supervise presidential and legislative 
elections. The Government ordered the arrest of some members of the 
security forces, including the head of the presidential security 
forces, for killings. The permanent military tribunal, which had been 
defunct for 8 years until President Bozize convened it in December 
2003, considered cases of human rights abuses by security forces during 
the year. During the year, the Government decriminalizing the country's 
press laws concerning defamation, and journalists reportedly no longer 
practiced self-censorship. The judiciary convicted many high-level 
officials for corruption. Members of civil society served on the CNT 
and actively participated in the drafting of the new Constitution.
                        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 that the Government or its agents committed politically 
motivated killings; however, security forces continued to commit 
executions and other extrajudicial killings with impunity throughout 
the year.
    During the year, the special police Squad for the Repression of 
Banditry (OCRB) continued to arbitrarily execute suspected bandits 
without respecting the basic due process rights of the accused, and 
were responsible for other extrajudicial killings and deaths resulting 
from torturing. The OCRB committed such abuses with tacit government 
support and popular approval, partly because the OCRB's actions were 
seen as an effective means of reducing crime. The Government did not 
prosecute OCRB members responsible for killings or other abuses 
committed during the year.
    The presidential security forces also arbitrarily executed citizens 
during the year. For example, on September 6, Lieutenant Celestin Dogo, 
the head of the presidential security forces, tortured and executed two 
men, Alfred Mamadou and Appolinaire Marzanne. Their bodies were found 
on September 16 in Mpoko River, near Bangui. After the case was 
reported by the local media, Lt. Dogo was arrested, and President 
Bozize signed a decree dismissing him from the security forces. Lt. 
Dogo had not been tried by year's end.
    During the year, there were credible reports that security forces 
committed other unlawful killings, some allegedly in connection with 
personal disputes or rivalries.
    The Government arrested some members of security forces who 
allegedly killed persons during the year; however, by year's end, none 
had been convicted. Most cases were still under investigation.
    There were no developments in the following killings in 2003, 
reportedly by security forces: The August killing of a student; the 
September killing of retired Gendarmerie Captain Joseph Koyanao; the 
September killing of a Nigerian trader; or the December executions of 
three boys in Haute Kotto.
    No action was taken against the pro-Bozize combatants, including 
Chadian combatants, or the members of the security forces of then-
President Patasse who killed civilians during and after the March 2003 
coup.
    No action was taken against pro-Bozize combatants responsible for 
killing three CEMAC peacekeepers in March 2003.
    Civilians continued to take vigilante action against presumed 
thieves, poachers, and some persons believed to be Chadian combatants.
    Mobs reportedly continued to kill and injure suspected sorcerers or 
witches during the year.
    No action was taken against vigilantes responsible for killings 
committed in 2003.
    During the year, there were reports that Chadian combatants killed 
civilians. There were some arrests of combatants but no information on 
the number of prosecutions. No additional information was available at 
year's end.
    On April 17, security forces reportedly killed eight 
``Liberators,'' Chadian combatants who had helped the President seize 
power in 2003. Prior to the killings, the Chadian combatants had staged 
violent demonstrations, looted approximately 75 homes in a Bangui 
suburb, and demanded payment from President Bozize for their support 
during the rebellion that allowed him to depose former President 
Patasse. By year's end, no action had been taken against the members of 
security forces allegedly responsible for the killings. During the 
year, the President reportedly paid each Liberator $1,000 (504,000 CFA 
francs) before they ostensibly returned to Chad.
    By year's end, no action had been taken against Movement for the 
Liberation of Congo (MLC) troops from the Democratic Republic of the 
Congo (DRC) who committed numerous killings of civilians prior to the 
March 2003 coup.

    b. Disappearance.--There were no reports of politically motivated 
disappearances during the year. The Government did not conduct 
investigations into the reported disappearances that occurred in 2003.
    Security forces succeeded in freeing some of the cattle herdsmen's 
children kidnapped by cattle raiders in 2003. It was unknown how many 
were released.

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The Penal Code prohibits torture and specifies sanctions 
for those found guilty of physical abuse; however, there was at least 
one instance of torture by the presidential security forces that 
resulted in death (see Section 1.a.), and police, including the OCRB, 
continued to torture, beat, and otherwise abuse criminal suspects, 
detainees, and prisoners. During the year, the Government did not take 
effective action to punish police who tortured suspects, and impunity 
remained a problem. Family members of victims and human rights groups, 
including the Human Rights League (HRL) Executive Committee, pursued 
court complaints filed in previous years with the prosecutor regarding 
the deaths of several prisoners due to police abuse; however, 
authorities did not take action on any of the cases by year's end. 
During the year, the HRL reported the abuse of civilians by the 
presidential security forces but did not file any court complaints of 
police abuse.
    Police beat persons while forcibly dispersing demonstrators (see 
Section 2.b.).
    On January 2, a member of the presidential guard fired into a crowd 
greeting Monique Bozize, the President's wife, and four persons were 
wounded.
    Members of the armed forces often committed other abuses against 
civilians, including armed robbery and racketeering. During the year, 
although there was an increase in the number of prosecutions of 
security forces for human rights violations, no action generally was 
taken against soldiers involved in robbery or racketeering.
    On July 30, two members of the presidential guard harassed the son 
of the CNT President. On August 3, the CNT issued a press release 
alleging that President Bozize's security forces had committed numerous 
human rights violations.
    In January, the permanent military tribunal sentenced five former 
presidential guards to 5 years' imprisonment for the October 2003 gang-
rape of a woman.
    On August 31, a military tribunal sentenced Benime Elvis, a member 
of the security forces, to 5 years' imprisonment for raping a 16-year-
old girl during the year.
    There were no developments in the alleged August 2003 rape of a 
woman at Camp Beal in Bangui by a member of the military.
    During the year, rebels and mercenaries from Chad continued to 
harass civilians, mostly in the countryside. There were reports that 
the rebels and mercenaries would block the road and steal everything 
from travelers; travelers without money were sometimes beaten.
    During the year, no actions were taken against soldiers loyal to 
the former Patasse government or pro-Bozize fighters who committed 
serious violations of human rights and humanitarian law, including 
widespread looting; rape; abductions resulting in disappearances; 
inhumane, cruel, and degrading treatment; and the recruitment and use 
of children as soldiers prior to and during the March 2003 coup.
    No actions were taken against pro-Patasse MLC troops who reportedly 
committed numerous abuses of civilians, including torture, rape, and 
harassment during 2003.
    Prison conditions were extremely harsh. Prison cells were 
overcrowded, and basic necessities, including food, clothing, and 
medicine, were in short supply and often were confiscated by prison 
officials for their personal use. There were reports that guards 
tortured prisoners and that female inmates were raped. Prisoners 
depended on family members to supplement inadequate prison meals and 
were sometimes allowed to forage for food in areas near the prison. 
Prisoners frequently were forced to perform uncompensated labor at the 
residences of government officials and magistrates. Prison conditions 
outside of Bangui were generally worse, and most of these prisons were 
completely destroyed during the 2003 fighting.
    Male and female prisoners were held in separate facilities in 
Bangui but housed together elsewhere. There were no separate detention 
facilities for juvenile prisoners, who routinely were housed with 
adults and often subjected to physical abuse. Pre-trial detainees were 
not held separately from convicted prisoners.
    The Government permitted prison visits by human rights observers. 
The International Committee for the Red Cross (ICRC) and religious 
groups routinely provided supplies, food, and clothes to prisoners. The 
ICRC had unrestricted access to prisoners. In January, the national 
anti-HIV/AIDS organization conducted HIV/AIDS awareness campaigns among 
prisoners in Bangui police jails.

    d. Arbitrary Arrest or Detention.--The law provides protection 
against arbitrary arrest and detention and accords the right to a 
judicial determination of the legality of detention; however, the 
security forces frequently ignored such provisions, and arbitrary 
arrest and detention were problems.
    Police were not effective, partly as a result of salary arrears 
owed by the Government and a lack of resources. Many citizens lacked 
faith in the police; consequently, mob violence against persons 
suspected of theft and other offences remained a problem (see Section 
1.a.). The Government did not take effective action to punish abusers, 
and impunity remained a problem. During the year, the Central African 
Human Rights League (LCDH) sharply criticized the police and other 
security forces, and it accused the security forces of terrorizing the 
population, killing civilians, and committing armed robbery.
    Judicial warrants are not required for arrest. The law stipulates 
that persons detained in cases other than those involving national 
security must be brought before a magistrate within 96 hours. In 
practice, authorities often did not respect this deadline, in part due 
to inefficient judicial procedures. By law, national security detainees 
are defined as ``those held for crimes against the security of the 
state'' and may be held without charge for up to 2 months; however, in 
practice, persons were held without charge for long periods. The law 
allows detainees to have access to their family and to legal counsel; 
however, in cases involving state security, the Government prohibited 
detainees from consulting legal counsel, pending an investigation. 
Indigent detainees may request a lawyer provided by the Government. 
Detainees are allowed to post bail or have family members post bail for 
them. Lawyers and families generally had free access to detainees.
    Security forces arbitrarily arrested and detained persons during 
the year. For example, on July 26, security forces arrested Dr. Joseph 
Kalite, a former Health Minister under former President Patasse, on 
charges of illegal possession of war arms; at year's end, he remained 
in prison.
    Security forces arrested journalists and demonstrators during the 
year (see Sections 2.a. and 2.b.).
    During the year, a criminal court dropped all charges against 
Colonel Danzoumi Yalo for lack of evidence. Yalo, who was arrested in 
December 2003 for allegedly planning a coup, had resumed duty in the 
army by year's end.
    In December, the Criminal Court discharged General Ferdinand 
Bomayeke, the former chief of the Presidential guard, of charges that 
he committed killings and other abuses in 2003; however, for unknown 
reasons, the prosecutor continued to keep Bombayeke in prison, 
reportedly for political reasons, and he had not been released by 
year's end.
    Prolonged pretrial detention was a serious problem; however, the 
number of pretrial detainees was unknown at year's end. Detainees were 
usually informed of the charges levied against them; however, many 
waited in prison for several months before seeing a judge. Some 
detainees remained in prison for years because of lost files and 
bureaucratic obstacles.
    On March 15, President Bozize pardoned all prisoners convicted of 
misdemeanor offenses. It was unclear how many prisoners benefited from 
the pardon.

    e. Denial of Fair Public Trial.--The suspended Constitution 
provides for an independent judiciary; however, the judiciary remained 
subject to executive interference. Judges are appointed by the 
President. The courts barely functioned due to inefficient 
administration of the courts, a shortage of trained personnel, growing 
salary arrears, and a lack of material resources.
    The judiciary consists of a tribunal of first instance, the court 
of appeal, the cassation court, the High Court of Justice, commercial 
and administrative courts, a military court, and the Constitutional 
Court. The highest court is the Constitutional Court, which determines 
whether laws passed by the National Assembly conform to the 
Constitution. The Constitutional Court also receives appeals 
challenging the constitutionality of a law. Lower courts hear criminal 
and civil cases and send appeals to the Court of Appeals. Military 
courts try only soldiers, not civilians.
    In general trial procedures, if the prosecutor believes there is 
sufficient evidence that an offense has occurred and that the accused 
committed it, he places the accused under an arrest warrant. If there 
is insufficient evidence, the case is dropped. Trials are held 
publicly, and defendants have the right to be present and to consult a 
public defender. Defendants also have the right to question witnesses, 
to present witnesses and evidence on their own behalf, and to have 
access to government-held evidence relevant to their case. Defendants 
are presumed innocent until proven guilty, and if convicted, defendants 
have the right to appeal. The Government generally complied with these 
legal requirements; however, the judiciary did not enforce consistently 
the right to a fair trial, and there were many credible reports of 
corruption within the court system. A number of persons were subjected 
to prolonged detention without trial or were killed summarily and 
extrajudicially (see Section 1.a.).
    During the year, many cases remained pending before the Criminal 
Court.
    On December 7, a Bangui court of appeals acquitted former Prime 
Minister Jean-Edouard Koyambounou of corruption. Koyambounou, who had 
served under former President Patasse, had been detained for 16 months 
at the Ngaragba Prison on charges of embezzling public funds.
    Due to judicial inefficiency, citizens in a number of cities 
established their own courts to deal with cases through parallel 
justice, especially in cases of suspected witchcraft.
    Bozize convened the permanent military tribunal in December 2003 
following an 8-year suspension under former President Patasse. 
Throughout the year, the tribunal considered cases on a variety of 
alleged human rights abuses, including extrajudicial killings, rape, 
and armed robbery (see Section 1.c.).
    There were no reports of political prisoners.

    f. Arbitrary Interference with Privacy, Family, Home, or 
Correspondence.--The law prohibits invasion of homes without a warrant 
in civil and criminal cases; however, on occasion, police used 
provisions of the Penal Code governing certain political and security 
cases that allow them to search private property without a warrant. 
Security forces continued to carry out warrantless searches for guns 
and ammunition in private homes. For example, on July 28, security 
forces searched the house of Jean-Michel Mandaba, Secretary General of 
former President Patasse's MLPC political party, for guns and 
ammunition. Security forces entered his home without a warrant and 
later arrested him. He was released 3 weeks later.
    No actions were taken against security forces under former 
President Patasse or pro-Bozize combatants who illegally entered, 
searched, and looted homes during the March 2003 coup.
    Unlike in the previous year, there were no reports that security 
forces carried out warrantless searches of entire neighborhoods and 
seized vehicles, electronic goods, and other items for which residents 
could not produce sales receipts.
    The Government continued to engage in wiretapping without judicial 
authority.
Section 2. Respect for Civil Liberties, Including:

    a. Freedom of Speech and the Press.--The suspended Constitution 
provides for freedom of speech and of the press; however, the 
Government continued to restrict the freedom of the press, particularly 
the freedom of the print media to criticize the Government. During the 
year, local media observers said there had been greater press freedom 
since President Bozize had taken power. The Government did not restrict 
academic freedom.
    Individuals could criticize the Government publicly without 
reprisal; however, the Government reportedly attempted to discourage 
meetings by the political opposition during the year.
    Throughout the year, more than a dozen private newspapers were 
published at varying intervals and often criticized the President, the 
Government's economic policies, and official corruption. President 
Bozize helped fund but did not control any newspapers.
    Radio was the most important medium of mass communication because 
the literacy rate was low, and newspapers and television were 
relatively expensive and rarely found outside urban areas. The 
Government continued to dominate domestic broadcast media. The 
Government owned and operated a radio station and a television station. 
The activities of the President and other senior government officials 
dominated programming.
    Africa Number One, a private radio station in Bangui, broadcast 
national news coverage. Radio Notre Dame, which was owned and operated 
by the Catholic Church, broadcast national news, debates, legal 
counseling, and human rights education. The private radio station Radio 
N'Deke Luka broadcast domestically produced national news and political 
commentary and rebroadcast international news throughout the country, 
with assistance from foreign governments and the U.N. Radio-France 
Internationale (RFI) also broadcast domestically; its programming 
included some national news coverage by a correspondent based in the 
country.
    The Government continued to monopolize domestic television 
broadcasting. The state-owned Television Centrafricaine provided little 
coverage of the political opposition. The High Council of Communication 
was responsible for authorizing private television as well as radio 
stations but received no applications to establish a private television 
station.
    During the year, security forces arrested, detained, threatened, or 
otherwise harassed some journalists. For example, on February 26, 
security forces arrested Jude Zosse, editor of the private newspaper 
L'Hirondelle. Zosse was charged with ``insulting the head of state,'' 
after the newspaper reproduced an article that alleged that President 
Bozize was collecting public funds at his residence for personal use. 
Newspapers in Bangui suspended publication in protest of his detention. 
Zosse was later sentenced to 6 months in prison and ordered to pay a 
fine of approximately $400 (202,200 CFA francs). He was released from 
N'Garagba prison on May 14 under a presidential pardon.
    The law criminalizes offenses committed by members of the media, 
and some journalists and editors were imprisoned during the year. For 
example, on July 8, police arrested and detained Maka Gbossoko, editor 
of the private newspaper Le Citoyen, and charged him with libel for 
writing a series of articles alleging that Jean-Serge Wafio mismanaged 
the parastatal electric company ENERCA. The Prosecutor General 
subsequently threathened to take strict legal actions against any 
newspaper that did not ``abide by the ethics of journalism.'' 
Colleagues tried to organize a sit-in to protest Gbossoko's arrest but 
were denied permission (see Section 2.b.). On August 9, a court 
reportedly sentenced Gbossoko to a 1-year suspended prison sentence and 
a $1,000 (502,300 CFA francs) fine. An appeal was pending at year's 
end.
    By year's end, Michel Ngokpele, publication director of the 
privately-owned newspaper Le Quotidien de Bangui, had been released 
after being imprisoned on charges of defamation.
    In December, the CNT decriminalized the country's press laws. Under 
the revised law, no journalist can be imprisoned for defaming a third 
party in a published story; instead, a right of reply or compensation 
must be accorded to the plaintiff. However, the law still provides for 
terms of imprisonment for journalists who incite persons to hatred or 
violence through publication in a newspaper or a broadcast.
    The Government did not limit access to the Internet.

    b. Freedom of Peaceful Assembly and Association.--The suspended 
Constitution provides for the right of assembly; however, the 
Government at times restricted this right. Organizers of demonstrations 
and public meetings were required to register with the Government 48 
hours in advance, and political meetings in schools or churches were 
prohibited. The Government wanted any association to write a letter to 
the Ministry of Interior and get the Ministry's approval prior to 
holding any meeting. In many cases, when associations asked for such 
approval, the Ministry refused ``for security reasons.''
    On August 2, Colonel Jules-Bernard Ouande, Deputy Minister for 
Territorial Administration, rejected a request from the Association of 
CAR Journalists to organize a sit-in to demand the release of detained 
journalist Maka Gbossoko (see Section 2.a.). The Deputy Minister 
claimed that the request had reached his office too late for 
consideration. On August 4, policemen equipped with riot gear were 
stationed where the sit-in was expected to take place.
    Police beat demonstrators and forcibly dispersed several 
demonstrations during the year by university students and professors 
protesting the nonpayment of scholarships and salaries by the 
Government. Demonstrators generally were detained for a few hours or 
days; there were no demonstrators in detention at year's end. Security 
forces killed eight protestors in April (see Section 1.a.).
    No action was taken against members of the security forces 
responsible for the use of excessive force to disperse demonstrations 
in 2003 or 2002.
    The suspended Constitution provides for freedom of association; 
however, the Government generally respected this right in practice 
during the year. Several additional political parties and 
nongovernmental organizations (NGOs) were created during the year. All 
associations, including political parties, must register with the 
Ministry of Interior to enjoy legal status. The Government usually 
granted registration expeditiously. A variety of associations 
registered with the Government following a 3-month background 
investigation; there were 43 registered political parties and a variety 
of nonpolitical associations. The Government normally allowed them to 
hold congresses, elect officials, and publicly debate policy issues 
without interference, except when they advocated sectarianism or 
tribalism.
    The law prohibiting nonpolitical organizations from coalescing for 
political purposes remained in place; however, there were no reports 
that this law was enforced during the year.

    c. Freedom of Religion.--The suspended Constitution provides for 
freedom of religion but establishes fixed legal conditions and 
prohibits what the Government considers religious fundamentalism or 
intolerance; at times, the Government limited this right in practice. 
Unlike in the previous year, the Government did not close any churches 
during the year, and by year's end, each of the 34 churches closed by 
the Government in 2003 had reopened. The constitutional provision 
prohibiting religious fundamentalism was understood widely to be aimed 
at Muslims, who make up approximately 15 percent of the population.
    Religious groups (except for traditional indigenous religious 
groups) were required by law to register with the Ministry of Interior. 
The Ministry's administrative police kept track of groups that failed 
to register; however, the police did not attempt to impose any penalty 
on such groups. The Ministry could decline to register, suspend the 
operations of, or ban any organization that it deemed offensive to 
public morals or likely to disturb the peace. Any religious or 
nonreligious group that the Government considered subversive was 
subject to sanctions. The Ministry of Interior also could intervene to 
resolve internal conflicts about property, finances, or leadership 
within religious groups. However, the Government imposed no new 
sanctions on any religious group during the year.
    According to the Ministry of Territorial Administration, several of 
the churches whose activities were suspended by the Government in 
September 2003 had fulfilled government requirements and reopened; 
however, some remained closed at year's end. To resume their 
activities, religious institutions must prove that they have a minimum 
of 1,000 members; the reverends must bring evidence that they graduated 
from the highest religious schools and fulfilled official requirements 
on church creation. This decree was reportedly intended to regulate the 
proliferation of places of worship.
    In general, there was religious tolerance among members of 
different religious groups during the year; however, there were 
occasional reports that some villagers who were believed to be witches 
were harassed, beaten, or sometimes killed by neighbors.
    No action was taken against rebels who looted churches and killed 
two priests, or bandits and rebels who attacked, robbed, and injured 
missionaries and Muslims during 2003.
    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 suspended Constitution provides for 
the right to move freely throughout the country; however, the 
Government restricted this right during the year. Police, security 
forces, customs officers, and other officials harassed travelers 
unwilling or unable to pay bribes or ``taxes'' at checkpoints along 
major intercity roads and at major intersections in Bangui. On July 12, 
taxi and bus drivers went on strike to protest against harassment they 
experienced at police and military checkpoints. Attacks by bandits on 
major routes to the north and east sometimes occurred and impeded 
freedom of movement during the year.
    By year's end, the country's border with the DRC was partially re-
opened at the crossing to Zongo, in the DRC. Although Bozize ordered 
the border closed in September 2003, some unofficial trade continued at 
various points along the border during the year.
    With the exception of diplomats, the Government required that all 
foreigners obtain an exit visa from the headquarters of the National 
Police. Travelers intending to exit the country could be required to 
obtain affidavits to prove that they owed no money to the Government or 
to parastatal companies.
    The suspended Constitution does not permit the use of exile, and 
the Government did not employ it in practice. Former President Patasse 
remained in self-imposed exile during the year.
    During the year, the Government facilitated the repatriation of 
some CAR refugees from neighboring countries. At year's end, there were 
an estimated 27,000 CAR refugees in Chad. According to a U.N. High 
Commission for Refugees (UNHCR) official, on March 20, approximately 
200 CAR refugees, who had been living in the Republic of Congo (ROC) 
since 2001, voluntarily returned home. The returnees were reportedly 
the last of the CAR refugees who had been living in the ROC.
    During the year, there continued to be large numbers of persons who 
were internally displaced by the 2003 coup and the continuing 
instability. By June, between 230,000 and 300,000 internally displaced 
persons (IDPs) remained in the country, although there were reports 
that many IDPs were returning to their homes in the second half of the 
year.
    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 countries where they feared persecution, and granted refugee 
and asylum status. The Government also provided temporary protection to 
individuals who may not qualify as refugees under the 1951 Convention/
1967 Protocol. The Government continued to cooperate with the office of 
the UNHCR and other humanitarian organizations in assisting refugees 
and asylum seekers. Applicants for asylum often were accepted.
    Almost all refugees were registered with the National Commission 
for Refugees. According to the UNHCR, by year's end, the country was 
hosting approximately 30,000 refugees from Sudan and 10,000 from the 
DRC. Approximately 2,200 refugees from the DRC had repatriated from CAR 
by year's end in a UNHCR-sponsored facilitated return effort that began 
in October. Other refugees in the country were from Angola, Burundi, 
Liberia, and Uganda.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change their Government
    The suspended Constitution provides citizens with the right to 
change their government; however, in practice, citizens did not have 
this right following the March 2003 coup. Presidential and legislative 
elections were scheduled to take place in February 2005, and by year's 
end, several candidates had declared their intention to run for the 
presidency.
    President Patasse's MLPC won both the Presidency and half of the 
seats in the National Assembly in the 1998 and 1999 elections. 
International observers deemed both elections generally free; however, 
the presidential elections were marred by irregularities in voter 
registration and distribution of electoral materials. The Government 
strongly influenced the electoral process.
    After seizing power in March 2003, General Bozize declared himself 
President, suspended the Constitution, and dissolved the National 
Assembly. After ruling by decree for a short period, President Bozize 
established new government institutions and governed by two 
constitutional acts. In December 2003, President Bozize dismissed Prime 
Minister Abel Goumba and the transitional government and subsequently 
appointed Celestin Leroy Gaoumbalet, a civilian, as Prime Minister and 
head of a new transitional Government.
    In April and May, President Bozize created the CEMI and appointed 
its members, who were charged with supervising preparations for 
presidential and parliamentary elections. The members included 10 
representatives of political parties, 10 from civil society, and 10 
from the administration. On June 28, the CNT adopted a draft 
constitution, and it revised the electoral code in anticipation of 
presidential and legislative elections in 2005.
    On September 3 and 4, President Bozize dismissed his Cabinet and 
named a new team of ministers. Bozize retained most ministers from the 
previous Cabinet, including Prime Minister Celestin Leroy Gaombalet, 
and reduced the number of cabinet ministers from 28 to 24, reportedly 
for budgetary reasons. The U.N. Special Representative said the change 
was a technical adjustment that would streamline the Government and 
noted that political parties were still represented in the Government.
    In October, the Government completed a national electoral census 
and voter registration drive, which reportedly included special efforts 
to involve minority populations, including the Batwa, or Pygmies. On 
December 5, citizens approved by national referendum a new 
Constitution, which went into effect in late December. Approximately 77 
percent of eligible voters reportedly participated in the referendum, 
which experienced some organizational problems, including polling 
centers that did not open on time, omission of names from voters' 
lists, and confusion over the duration of the voting. The Constitution, 
which was reportedly approved by 90 percent of referendum participants, 
is similar to the previous one that President Bozize suspended upon 
seizing power in 2003. It provides for a multi-party state, a 
presidential term that is renewable only once, and the appointment of 
the Prime Minister from the political party with a parliamentary 
majority; however, in contrast to the previous constitution, it grants 
the Prime Minister greater powers and shortens the presidential term 
from 6 years to 5.
    There were no reports that the Government prevented parties from 
operating freely during the year. However, on December 30, the 
Constitutional Court in Bangui cleared only 5 of 15 candidates to 
contest the Presidency. Among the candidates approved to run in 2005 
were President Bozize (running as an independent candidate), former 
President Andre Kolngba, and Vice-President Abel Goumba. Among those 
whom the Court did not approve as candidates for President were former 
President Patasse, his former Prime Minister Martin Ziguele, and former 
Prime Minister Charles Massi. The Court, which disqualified all 
candidates from the former ruling party, indicated that some candidates 
had been blocked from running for failing to deposit the required 
$10,000 (5 million CFA francs), for not owning land or homes in the 
towns in which they resided, or for discrepancies in the documents they 
presented the electoral commission. Former President Patasse was banned 
from running on the grounds that he remained under criminal 
investigation. Several parties and local and international groups had 
widely criticized the Court's decision, and one member of the CNT 
called for the Court to be dissolved.
    The state remained highly centralized. The President appointed all 
subnational government officials--which ran the country's 16 
prefectures and 60 subprefectures--and subnational government entities 
had no significant fiscal autonomy. Provisions in the suspended 
Constitution provide for municipal elections; however, by year's end, 
they had not been held. The country's towns continued to be led by 
mayors appointed by the President.
    During the year, misappropriation of public funds and corruption in 
the Government remained widespread. The Government took a few steps to 
combat corruption. The Criminal Court convicted some high-level 
officials during the year. For example, the Bangui criminal court 
indicted former President Patasse in absentia on charges of corruption, 
treason, and rape; the trial had not started by year's end. The Bozize 
Government said corruption and embezzlement under the Patasse 
administration had resulted in the former government's failure to pay 
salaries for at least 30 months.
    In January, the Government established an armed protection unit, 
the Mixed Brigade of Intervention and Verification, to prevent the 
exploitation of forests and fiscal fraud in the country.
    The law does not provide for public access to government 
information, and the Government was often unable or unwilling to 
provide information.
    During the year, there were 6 women serving in the 96-member CNT. 
One woman, appointed by the President, served as governor of Ombella 
M'poko Province, in which Bangui is located.
    Members of northern ethnic groups, especially President Bozize's 
Baya ethnic group, continued to predominate among the National Army. 
There were Muslims in the Cabinet and in the CNT. Pygmies (Batwa or 
Ba'Aka), the indigenous inhabitants of the southern part of the 
country, represented between 1 and 2 percent of the population; they 
were not represented in the Government and continued to have little 
political power or influence (see Section 5).
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    Several domestic and international human rights groups generally 
operated without government restriction, investigating and publishing 
their findings on human rights cases. Government officials were 
somewhat responsive to their views. Several NGOs, including the 
Movement for the Defense of Human Rights and Humanitarian Action, the 
Human Rights Observatory, and some religious groups actively monitored 
human rights problems. The LCDH publicized human rights violations, 
including those allegedly committed by the army, and pleaded individual 
cases of human rights abuses before the courts.
    Several members of NGOs served on the CNT, and Nicholas Tiangaye, 
the former president of the Central African Human Rights League, served 
as the CNT's president. In addition, the Government consulted NGOs 
during the drafting of the new Constitution, to which NGOs actively 
contributed.
    During the year, approximately 200 NGOs established a team to 
coordinate all activities undertaken by their organizations.
    During the year, human rights organizations and some political 
parties called for the repatriation of the armed Chadian forces and for 
the trial of those accused of crimes. In May, approximately 300 Chadian 
soldiers, who assisted Bozize in the March 2003 coup, reportedly were 
repatriated.
    International human rights NGOs and international organizations 
operated in the country during the year without interference. In 
November, Amnesty International released a report documenting 
systematic and widespread rape, mostly in and around Bangui, committed 
with impunity by pro-Bozize combatants, government forces, and pro-
Patasse rebels from the DRC during the 5-month rebellion that 
culminated in the 2003 coup. Girls and women between the ages of 8 and 
60 were raped, some died as a result, and in some cases children were 
forced to have sex with their mothers or other relatives. According to 
the report, the MLC rebels from the DRC used rape to punish women for 
allegedly assisting the Bozize-led combatants. The report recommended 
that the Government institute an independent investigation into the 
abuses and seek the assistance of the Government of the DRC.
    In December, a report by U.N. Secretary General Kofi Annan to the 
U.N. Security Council noted that in the second half of the year, the 
country's situation was ``gradually improving in spite of well known 
shortcomings in the areas of governance and human rights.'' The report, 
which drew on information gathered by BONUCA, also noted that during 
the second half of the year, there were several registered cases of 
human rights abuses, including summary executions, highway robberies of 
civilians, abusive arrests, threats, and acts of harassment. The report 
stated that most abuses were committed by members of the security 
forces and that when perpetrators were identified, they were punished 
by the military hierarchy or ``brought to justice.''
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The suspended Constitution stipulates that all persons are equal 
before the law without regard to wealth, race, or sex; however, the 
Government did not enforce these provisions effectively, and 
significant discrimination existed.

    Women.--Domestic violence against women, including wife beating, 
reportedly was common; however, inadequate data made it impossible to 
quantify. Spousal abuse was considered a civil matter unless the injury 
was severe. Victims seldom reported incidents. The courts tried very 
few cases of spousal abuse, although litigants cited these abuses 
during divorce trials and civil suits. Some women reportedly tolerated 
abuse to retain a measure of financial security for themselves and 
their children. The Government did not address this problem during the 
year.
    The law prohibits rape; however, it does not specifically prohibit 
spousal rape. Police sometimes arrested men on charges of rape; 
however, the social stigma induced many families to avoid formal court 
action. During the year, there were fewer reports that security forces 
and rebels raped women (see Sections 1.c. and 4).
    The law prohibits FGM; however, girls continued to be subjected to 
this traditional practice in certain rural areas, and to a lesser 
degree in Bangui. According to the World Health Organization, FGM 
affected more than 40 percent of girls. In addition, according to a 
study published jointly by UNICEF and the Government in 2001, 
approximately 36 percent of adult females had undergone FGM.
    The law prohibits prostitution; however, prostitution existed, and 
some young girls engaged in it for economic reasons.
    Trafficking in persons was a problem (see Section 5, Trafficking).
    Women were treated as inferior to men both economically and 
socially. Single, divorced, or widowed women, including those with 
children, were not considered to be heads of households. Only men were 
entitled to family subsidies from the Government. Women in rural areas 
generally suffered more discrimination than women in urban areas. There 
were no accurate statistics on the percentage of female wage earners. 
Women's access to educational opportunities and to jobs, particularly 
at higher levels in their professions or in government service, was 
limited.
    Polygyny is legal, although this practice faced growing resistance 
among educated women. The law authorizes a man to take up to four 
wives, but a prospective husband must indicate at the time of the first 
marriage contract whether he intends to take additional wives. In 
practice, many couples never married formally because men could not 
afford the traditional bride payment. Women who were educated and 
financially independent tended to seek monogamous marriages. Divorce is 
legal and can be initiated by either partner.
    The law does not discriminate against women in inheritance and 
property rights, but a number of discriminatory customary laws often 
prevailed. A family code further strengthened women's rights, 
particularly in the courts.
    The Association of Central African Women Lawyers advised women of 
their legal rights. The organization also published pamphlets in 
conjunction with the Ministry of Social Affairs on the dangers of FGM. 
During the year, several active women's groups organized workshops and 
seminars to promote women's and children's rights and to participate 
fully in the political process. On March 8, a coalition of women 
presented President Bozize with a memorandum calling for more concrete 
actions to enhance women's rights. The petitioners called for more 
political representation, equal justice, enhanced work and educational 
opportunities, and eradication of violence and discrimination targeting 
women.

    Children.--The Government spent little money on programs for 
children. Churches and NGOs had relatively few programs for youths. The 
failure of the education system, caused by a meager budget and salary 
arrears, resulted in a shortage of teachers and an increase in the 
number of street children. Education is compulsory from ages 6 to 14; 
however, parents rarely were prosecuted for their children's 
nonattendance. In practice, the age that a child started school often 
varied by 2 to 3 years in rural areas. At the primary level, girls and 
boys enjoyed equal access to education; however, the majority of young 
women dropped out at age 14 or 15 due to societal pressure to marry and 
bear children. According to UNICEF, 39 percent of girls of primary 
school age were enrolled in school, compared with 47 percent of boys. 
In addition, 35 percent of the country's women were literate compared 
with 60 percent of men. School enrollment in urban areas generally was 
significantly higher than in rural areas.
    On April 26, the Government endorsed an ``Education for All'' 
national action plan, aimed at providing qualitative education for all 
citizens. The action plan aimed to provide a qualitative primary 
education for all boys and girls, enhance access to basic education for 
adults, and expand education on citizenship, peace, and the fight 
against HIV/AIDS and other sexually transmitted diseases.
    During the year, following a strike by students at the University 
of Bangui, the Government partially paid the students' scholarship 
arrears.
    The Government did not provide medical coverage for uninsured 
children. However, during the year, the Government continued to conduct 
a national antipolio immunization campaign intended to reach at least 
650,000 children under 5 years of age. According to government 
statistics, infant mortality rose from 97 deaths per 1,000 births in 
1995 to 130 deaths per 1,000 births in 2000. In July, in response to 
the deteriorating healthcare situation, the Government began working 
with U.N. agencies to implement a plan to reduce maternal and infant 
mortality by 2015.
    According to numerous credible reports, male teachers in primary 
and secondary schools as well as at the university level routinely 
pressured their female students into having sexual relationships in 
exchange for passing grades; the spread of HIV/AIDS was extremely 
prevalent between teachers and their female students.
    The Penal Code forbids parental abuse of children under the age of 
15 years. In addition, illegitimate children had the same rights as 
those born in wedlock. A juvenile court tried cases involving children 
and provided counseling services to parents and juveniles during the 
year.
    FGM was performed primarily on young girls (see Section 5, Women).
    Trafficking of children and child prostitution were problems (see 
Section 5, Trafficking).
    There were no reports of child soldiers in the ranks of the armed 
forces. Those recruited by persons loyal to former President Patasse in 
2003 were limited in number, and there were no further reports that 
children were in the military.
    Child labor was a problem (see Section 6.d.).
    There were approximately 5,000 street children between the ages of 
5 and 18 residing in Bangui. Many children begged and stole; several 
charitable organizations provided them with humanitarian assistance.
    There were several NGOs specifically promoting children's rights, 
including some which dealt with street children.

    Trafficking in Persons.--The law does not prohibit trafficking in 
persons, and there were reports that persons, particularly children, 
were trafficked. Child prostitution remained a problem. The Government 
has recognized that trafficking in persons occurred; however, 
statistics and specific examples of trafficking were not available.
    Traffickers can be prosecuted under laws against slavery, Labor 
Code violations, mandatory school age laws, and laws against the 
exploitation of prostitution by means of coercion or fraud. Specific 
laws that address the crime of prostitution have been used to punish 
those who trafficked women for the purposes of prostitution.
    During the year, the Government did not actively investigate cases 
of trafficking, nor did it use or have access to special investigative 
techniques in trafficking investigations. A government-established 
commission continued to study the extent of the trafficking problem, 
identified those responsible, and devised a plan to combat the problem; 
however, few resources have been devoted to the problem. The Ministries 
of Social Affairs, Interior, Labor, Rural Development, Justice, and 
Defense were involved in antitrafficking efforts and were part of the 
commission.
    Trafficking was confined primarily to children who were brought in 
by the foreign Muslim community from Nigeria, Sudan, and Chad to be 
used as domestic servants, shop helpers, and agricultural workers. 
Merchants, herders, and other foreigners doing business in and 
transiting the country also brought girls and boys into the country. 
Such children, who may or may not be related to their caretakers, were 
not afforded the benefit of a formal education, despite the mandatory 
school age, and worked without remuneration for their labor. There were 
a few anecdotal reports of children being trafficked to Nigeria and 
several other nearby countries for use as agricultural workers. There 
was no evidence of sexual exploitation, but there were reports that 
children were publicly beaten.
    Some girls entered prostitution to earn money for their families.
    There were no known NGOs specifically working to combat 
trafficking.

    Persons with Disabilities.--There was no codified or societal 
discrimination against persons with disabilities; however, there were 
no legislated or mandated accessibility provisions for persons with 
disabilities. Approximately 10 percent of the country's population had 
disabilities, mostly due to polio. There were several government- and 
NGO-initiated programs designed to assist persons with disabilities, 
including handicraft training for the blind and the distribution of 
wheelchairs and carts by the Ministry of Social Services.
    The Ministry of Social Affairs worked with Handicap International 
during the year to provide treatment, surgeons, and prostheses to 
persons with disabilities. For example, in February, a $24,660 (12.7 
million CFA francs) physiotherapy center for persons with disabilities 
was inaugurated in Dekoa, 160 miles northeast of Bangui.

    National/Racial/Ethnic Minorities.--The population included 
approximately eight ethnic groups; many of these groups spoke distinct 
primary languages and were concentrated regionally outside urban areas. 
The largest ethnic groups were the Baya (33 percent), the Banda (27 
percent), the Mandja (13 percent), and the Sara (10 percent). The 
Mbororo comprised approximately 7 percent of the population but played 
a preponderant role in the economy; they were involved in mining 
development and remained the most important cattle breeders in the 
country.
    Major political parties tended to have readily identifiable ethnic 
or ethnic-regional bases.
    Thousands of Chadians have been residing in the country for 
generations, and many have acquired citizenship. Since a failed coup 
attempt in 2001, when General Bozize fled to Chad with part of the 
national army, tensions have remained between the Chadian community and 
those who considered themselves to be native to the country.

    Indigenous People.--Despite constitutional protection, there was 
societal discrimination against Pygmies (Batwa or Ba'Aka), the earliest 
known inhabitants of the rain forest in the southern part of the 
country. Pygmies comprised approximately 1 to 2 percent of the 
country's population. In general, Pygmies had little input in decisions 
affecting their lands, culture, traditions, and the allocation of 
natural resources. Indigenous forest-dwelling Pygmies, in particular, 
were subject to social and economic discrimination and exploitation, 
which the Government has done little to prevent. However, the 
Government continued to issue birth certificates to Pygmies, thereby 
effectively recognizing them as citizens and allowing them access to 
greater civil rights.
    Pygmies, including children, often were coerced into agricultural, 
domestic, and other types of labor within the country. Pygmies often 
were considered to be the slaves of other local ethnic groups, and they 
were subjected to wages far below those prescribed by the labor code, 
and lower than those paid to members of other groups.
    During the year, international NGO International Cooperation began 
work on a project to promote the rights of Pygmies, monitor 
discrimination, and gain access to public services through the 
obtainment of birth certificates. Refugees International released a 
report in 2003 on Pygmies, stating that Pygmies occupied the role of 
``second-class citizens.'' The report noted that the popular perception 
of Pygmies as barbaric, savage, and subhuman had seemingly legitimized 
their exclusion from mainstream society.

    Other Societal Abuses and Discrimination.--The penal code 
criminalizes homosexual behavior; however, there were no reports that 
police arrested or detained persons they believed to be homosexual. 
Societal discrimination against homosexuals existed during the year.
Section 6. Worker Rights
    a. The Right of Association.--Under the Labor Code, all workers are 
free to form or join unions without prior authorization, and a 
relatively small part of the workforce, primarily wage earners such as 
civil servants, exercised this right. Police forces and judges are 
allowed to form unions; however, security forces, including the 
military and gendarmes, are prohibited from forming unions and 
striking.
    A person who loses the status of worker, either through unemployed 
or retirement, cannot in principle belong to a trade union or 
participate in its administration. The Labor Code requires that union 
officials be full-time wage-earning employees in their occupation, and 
that they may conduct union business during working hours provided the 
employer is informed 48 hours in advance and provides authorization.
    The law expressly forbids discrimination against employees on the 
basis of union membership or union activity; however, there were 
reports of anti-union discrimination during the year. Employees can 
have their cases heard in the Labor Court. The Labor Code does not 
state whether employers found guilty of anti-union discrimination were 
required to reinstate workers fired for union activities; however, 
employers legally were required to pay damages, including back pay and 
lost wages.

    b. The Right to Organize and Bargain Collectively.--The Labor Code 
provides for the right of workers to organize and administer trade 
unions without employer interference and grants trade unions full legal 
status, including the right to file lawsuits, and the Government 
generally respected these rights in practice. The Code does not 
specifically provide that unions may bargain collectively; however, in 
practice, collective bargaining occurred in the private sector during 
the year. The Government generally was not involved if the two parties 
were able to reach an agreement. There are no export processing zones.
    In the civil service, wages are set by the Government after 
consultation with the unions. In the private sector, collective 
bargaining has played a role in setting wages. Salary arrears continued 
to be a problem during the year for both civilian and military 
personnel. The Government owed both groups approximately 40 months of 
salary arrears, and the arrears continued to be a major complaint of 
the unions. On March 11, in an effort to decrease the budget shortfall, 
the Government declared a 30-percent salary reduction for senior civil 
servants, including the President and cabinet-level officials. On April 
13, the Government negotiated a salary reduction agreement with six 
labor unions to ensure regular payment of salaries.
    Unions had the right to strike in both the public and private 
sectors, and workers exercised this right during the year. To be legal, 
strikes had to be preceded by the union's presentation of demands, the 
employer's response to these demands, a conciliation meeting between 
labor and management, and a finding by an arbitration council that 
union and employer failed to reach agreement on valid demands. The 
union also was required to provide 8 days' advance written notification 
of a planned strike. The Labor Code states that if employers initiate a 
lockout that is not in accordance with the Code, the employer is 
required to pay workers for all days of the lockout. However, the 
Government has the authority to end strikes because of public interest. 
The Code makes no other provisions regarding sanctions on employers for 
acting against strikers. During the year, there were no reports of 
employer actions against strikers.

    c. Prohibition of Forced or Compulsory Labor.--The Labor Code 
specifically prohibits forced or compulsory labor; however, there were 
reports that such practices occurred (see Sections 5 and 6.d.). 
Prisoners were forced to work without compensation for government 
officials or magistrates. Pygmies, including children, often were 
coerced into labor within the country and often treated as slaves (see 
Section 5).

    d. Prohibition of Child Labor and Minimum Age for Employment.--The 
Labor Code forbids the employment of children under 14 years of age; 
however, the Ministry of Labor and Civil Service enforced the provision 
only loosely, and child labor was common in many sectors of the 
economy, especially in rural areas. In some cases, the Labor Code 
provides that the minimum age for employment could be reduced to 12 
years for some types of light work in traditional agricultural 
activities or home services. The Labor Code defined the worst forms of 
child labor as dangerous work or tasks involving serious risks to the 
child's health, security, or morality. Children frequently worked on 
farms at rural schools.
    In some rural areas, teachers or principals used school children as 
labor on farms, ostensibly to teach them how to work the land since 
many students did not further their education beyond primary school 
(see Section 5). The schools used the proceeds from the sale of farm 
produce to purchase school supplies and equipment and to fund school-
related activities. In addition, an international agency reported that 
children worked in the diamond fields alongside adult relatives.
    The Labor Code prohibition of forced or compulsory labor applies to 
children, although they are not mentioned specifically; however, forced 
child labor occurred (see Section 5).
    The Government did not have sufficient human or material resources 
to enforce the prohibition against forced labor effectively.

    e. Acceptable Conditions of Work.--The Labor Code states that the 
Minister of Labor must set minimum wages by decree. The minimum wage 
varies by sector and by kind of work. For example, the monthly minimum 
wage was equivalent to approximately $12 (7,800 CFA francs) for 
agricultural workers but approximately $28 (18,000 CFA francs) for 
office workers. The minimum wage did not provide a decent standard of 
living for a worker and family. Most labor was performed outside the 
wage and social security system, especially by farmers in the large 
subsistence agricultural sector.
    The law sets a standard workweek of 40 hours for government 
employees and most private sector employees. Household employees may 
work up to 55 hours per week. The law also requires a minimum rest 
period of 48 hours per week.
    There are general laws on health and safety standards in the 
workplace, but the Ministry of Labor and Civil Service neither 
precisely defined nor actively enforced them, a matter about which the 
ILO has expressed concern to the Government for many years. The Labor 
Code states that a labor inspector may force an employer to correct 
unsafe or unhealthy work conditions, but it does not provide the right 
for workers to remove themselves from such conditions without risk of 
loss of employment.

                               __________

                                  CHAD

    Chad is a centralized republic dominated by a strong presidency. 
Despite the country's multiparty system of government, power remains 
concentrated in the hands of a northern oligarchy composed of the 
President's Zaghawa ethnic group and its allies, resulting in a culture 
of impunity for a ruling minority. President Idriss Deby, leader of the 
Patriotic Salvation Movement (MPS), has ruled since taking power in a 
1990 rebellion. He was re-elected President in 2001; however, fraud, 
widespread vote rigging, and local irregularities marred that election 
and the 2002 legislative elections. On May 16, members of the 
Republican Guard and Nomadic Guard--both of which are components of the 
government security forces--led a failed coup attempt against President 
Deby. During the year, the security situation in the east grew 
increasingly tenuous due to a conflict in the Darfur region in Sudan 
near the country's border, and the Government expressed its concerns 
over the bandits, Sudanese militias, and growing numbers of rebels that 
were operating in the east. However, by year's end, the Government and 
the rebel group Movement for Democracy and Justice in Chad (MDJT) were 
negotiating an end to the rebellion in the northwest Tibesti region. 
The Constitution mandates an independent judiciary; however, the 
judiciary remained ineffective, underfunded, overburdened, vulnerable 
to acts of violence, and subject to executive interference.
    The National Army (ANT), Gendarmerie (a military police force), 
National Police, Nomadic National Guard (GNNT), and National Security 
Agency (ANS) are responsible for internal security. The ANT, 
Gendarmerie, and GNNT report to the Ministry of Defense; the National 
Police reports to the Ministry of Public Security and Immigration, and 
the ANS reports to the President. Officers from President Deby's ethnic 
group and closely allied ethnic groups dominated the ANS and Republican 
Guard. On September 14, in accordance with a presidential decree, the 
Republican Guard began reporting to the National Army; previously, it 
had reported directly to the Presidency. During the year, the ANT and 
Gendarmerie were deployed to the north to fight MDJT rebels and the 
international terrorist organization Salafist Group for Call and Combat 
(GSPC), to the east to maintain security along the border with Sudan, 
and to the south following the arrival of refugees from the Central 
African Republic (CAR) in 2003. Civilian authorities did not maintain 
effective control of the security forces, and there were frequent 
instances in which elements of the security forces acted independently 
of government authority. Security forces committed serious human rights 
abuses.
    The economy was based on subsistence agriculture, herding, and 
fishing, and more than 80 percent of the workforce was involved in 
these activities, much of which exists outside the formal sector. The 
country's population was estimated to be 8.9 million. The gross 
domestic product per capita for the year was $536, rising in part due 
to oil revenues and exchange rates. Impediments to sustainable economic 
growth were corruption, prohibitive electricity costs, and geographic 
and cultural barriers. The country began exporting oil in July 2003, 
and the first revenues from oil production were repatriated into bank 
accounts in the country in June. Most of the revenues were earmarked 
for priority sectors of the economy, including health, education, 
agriculture, environment, and infrastructure. The College of Control 
and Surveillance of Petroleum Resources, composed of members of the 
Government and civil society, managed oil revenue expenditures. The 
Government remained heavily dependent on assistance from external 
donors and international financial institutions for budgetary 
assistance.
    The Government's human rights record remained poor, and the 
Government continued to commit serious human rights abuses. The 
Government limited citizens' right to change their government. Security 
forces committed extrajudicial killings and continued to torture, beat, 
and rape persons. Prison conditions remained harsh and life 
threatening. Security forces continued to use arbitrary arrest and 
detention. The Government rarely prosecuted or punished members of the 
security forces who committed human rights abuses. Lengthy pretrial 
detention remained a problem. The Government infringed on privacy 
rights and limited freedoms of the press and assembly. The Government 
at times limited freedoms of religion and movement. Corruption was a 
problem. The Government arrested, detained, and intimidated members of 
human rights organizations. Violence and societal discrimination 
against women were common. Despite official governmental opposition to 
the practice, female genital mutilation (FGM) was widespread. 
Trafficking in persons was a problem. Both official and societal ethnic 
and regional discrimination remained widespread. Interethnic conflict 
resulted in numerous deaths. There also were reports of forced labor, 
including forced child labor. Child labor was a serious problem.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Arbitrary or Unlawful Deprivation of Life.--During the year, 
there were reports of killings that may have been politically 
motivated, and officially sanctioned extrajudicial killings of 
suspected criminals by security forces continued. Local human rights 
organizations estimated that nearly half of human rights abuses 
committed in the country involved arbitrary or unlawful deprivation of 
life by security forces. Extrajudicial killings rarely were directed 
centrally, and they most often occurred outside the capital, where 
there was less control over security forces. The Government rarely 
prosecuted or punished members of the security forces who committed 
killings.
    The Government said there were no political killings during the 
year; however, the Federation of Chadian Unions issued a May 17 
communique indicating that security forces killed five union members 
during the May 16 coup attempt. No additional information was available 
by year's end.
    During the year, security forces committed numerous killings during 
apprehension or in custody. For example, in May, in the northern town 
of Oum-Hadger, Abdelhamit Mahamat died from injuries received while 
being tortured in custody at a police camp.
    In January, gendarmes killed a prisoner while they escorted him to 
a hospital in Mayo-Benoye. During the year, gendarmes killed two other 
prisoners while the prisoners reportedly tried to escape in Chokoyan. 
By year's end, no one had been held accountable for the deaths of the 
inmates.
    Unlike in the previous year, there were no reports that security 
forces killed demonstrators.
    During the year, the use of excessive force by security forces 
resulted in numerous killings. For example, in February, the GNNT 
killed a customs agent on duty at the Cameroon border and threw his 
body into the Chari river near N'Djamena. No investigation was 
undertaken during the year.
    In February, men in military uniforms attacked a group of traders 
near Oum-Hadjer, located in the east, and reportedly killed an 
undetermined number of them. Human rights groups alleged that similar 
attacks regularly occurred near the village of Bassa. By year's end, no 
investigation had been undertaken.
    In March, a police commandant in Guera Batha killed his neighbor 
during a personal dispute. He was sentenced to 4 years in prison and 
required to pay the victim's family $9,200 (4.5 million FCFA francs).
    In May, gendarmes killed 2 persons and injured 13 others in 
Tandjile West after local residents--who reportedly did not believe 
police efforts to protect them from herders were sufficient--attacked a 
police station. By year's end, no judicial action had been taken 
against the gendarmes.
    Security forces killed refugees during the year (see Section 2.d.).
    Chadian soldiers in CAR reportedly killed CAR citizens during the 
year.
    There were no reports of any action taken against members of the 
security forces responsible for the following killings in 2003: the 
March rape and killing of a 13-year-old girl; the July shooting of 
Hassan Yacine in front of the Presidential Palace; and the August 
killing of Djimtebaye Osee in Chagoua.
    There were no developments in 2002 killings by security forces.
    Unlike in the previous year, there were no reports that deaths from 
military hazing occurred during the year.
    Unlike in the previous year, there were no reports that security 
forces killed suspected rebels or civilians in the northwestern Tibesti 
region during the year.
    Landmines laid by government, foreign, and rebel forces in previous 
years have caused numerous deaths and injuries during past 2 years. In 
June, a car hit a landmine near Yarda, near Faya Largeau. Three persons 
were killed and six wounded.
    Three men arrested in connection with the 2002 killing of Dr. 
Mahamat Guetti, president of the African Democratic Party and former 
parliamentarian candidate, remained in prison without trial at year's 
end.
    No action was taken in 2002 killings by unknown assailants, and no 
action was likely to be taken.
    Armed bandits continued to operate on many roads, assaulting, 
robbing, and killing travelers; some bandits were identified as active 
duty soldiers or deserters.
    For example, on May 7, armed bandits, believed to be soldiers, 
attacked the home of a prominent cattle herder in Diguel, killing two 
persons and wounding two others. No investigation was undertaken during 
the year.
    During the year, human rights groups accused regional gendarmes of 
perpetuating disputes between herders and local residents, one of which 
resulted in eight killings, eight injured, and eight children missing.
    Interethnic fighting resulted in numerous deaths (see Section 5).
    Air raids in January and periodic militia attacks throughout the 
year by the Sudanese Government in western Sudan's Darfur region 
resulted in several civilian deaths in towns along the country's border 
with Sudan. For example, on January 29, Sudanese Antonov aircraft 
reportedly dropped bombs on the border town of Tine in Chad and killed 
3 civilians, including a 2-year-old child, and wounded 15 others. In 
June, a clash between militia (jinjaweed) supported by the Sudanese 
government and an army patrol near Birak resulted in the deaths of 69 
persons, some of whom were unarmed civilians.

    b. Disappearances.--There were reports of politically motivated 
disappearances during the year. Reports of the disappearances or deaths 
of participants in the failed coup attempt in May could not be 
corroborated, and no additional information was available at year's 
end.
    Reports that Ngardibaye Miretanga, an army sergeant and former 
member of a rebel group, disappeared in April 2003 were false.
    Lieutenant Nekemde Daoud, who had disappeared after the ANS 
arrested him in April 2003, was released during 2003.

    c. Torture, and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The Constitution specifically prohibits such practices; 
however, members of the security forces tortured, beat, abused, and 
raped citizens. Impunity for those who committed human rights abuses 
remained widespread.
    In February, soldiers from the 7th Regiment burned the arms and 
genitals of two persons accused of being jinjaweed militia members. The 
accused persons were released after paying the equivalent of $330 
(164,000 FCFA) to the regiment's commanding officer.
    Unlike in the previous year, there were no reports that soldiers in 
the Chagoua district of N'Djamena beat or raped local residents; 
however, soldiers and other members of the security forces continued to 
harass Chagoua residents. By year's end, no action had been taken 
against the soldiers for committing such abuses in 2003.
    During the year, the local press reported that members of the 
security forces regularly threatened and beat officials of the local 
power and water utility when their services were cut or reduced during 
shortages.
    Security forces beat a journalist and a member of a nongovernmental 
organization (NGO) during the year (see Sections 2.a. and 4).
    There were no developments in the following 2003 cases of torture 
and beatings: The January torture of Kirben Amon and rape of his wife 
by soldiers; the April beatings of a civilian by a regional military 
commander; the May torture of a man in N'Djamena; or the torture of 
electrical company workers by soldiers.
    In June, soldiers fired on herders in Kanem and seriously injured 
two persons; the soldiers, who encountered the herders during a regular 
patrol, reportedly believed the herders were criminals. By year's end, 
no action had been taken against the perpetrators.
    During the year, police continued to rape women in custody.
    There were no developments in the March 2003 rapes of two girls by 
soldiers. The trial of the local gendarmerie brigade commander charged 
with committing rape in 2002 was ongoing at year's end.
    Unlike in the previous year, there were no reports of military 
hazing incidents during the year.
    FGM continued to be a problem (see Section 5).
    Prison conditions remained harsh and life threatening. Prisons were 
seriously overcrowded and had poor sanitation, as well as inadequate 
food, shelter, and medical facilities. After spending 2 months in 
prison in 2003, the chief editor of the independent newspaper Notre 
Temps reported that there were only 40 cells for approximately 1,200 
prisoners at N'Djamena's central prison, which was built during the 
colonial period to hold only 300 prisoners. In May, human rights groups 
visited the prison at Barh Sara and reported that 36 adults in 
detention lacked food.
    Local human rights organizations continued to report on the 
unconfirmed existence of military prisons and prisons run by the 
immigration service, to which access was prohibited. It was unknown who 
was detained in these prisons and for what reasons they were held. In 
Kerfi, gendarmes created a prison and jailed herders without charge.
    The law provides that a doctor must visit each prison three times a 
week; however, there were credible reports that this provision was not 
respected. The chief editor of Notre Temps reported in 2003 that the 
central prison had no health care facilities and that only one drug was 
used to treat all medical problems. During his imprisonment in 2003, he 
witnessed the death of a sick prisoner after authorities refused to 
send the prisoner to a hospital.
    Although the law authorized forced labor in prison, human rights 
organizations reported that it did not generally occur in practice.
    Female prisoners usually were separated from adult males. Following 
a successful campaign by UNICEF to have juvenile males separated from 
adult male prisoners, juvenile males were held with female prisoners. 
Pretrial detainees were held with the general prison population.
    The Government permitted the International Committee of the Red 
Cross (ICRC) to visit most civil prisons, although the Government 
insisted on advance notice; the ICRC conducted such visits during the 
year. In June 2003, the Government provided the Chadian Association for 
the Promotion of Human Rights (ATPDH) with a permanent authorization 
notice to visit civil prisons at any time, without advance notice. 
Other NGOs, including human rights groups, were required to obtain 
their own authorization from a court or from the Director of Prisons; 
such authorizations depended largely on the personal inclinations of 
those granting permission. Organizations were not allowed access to 
military prisons.

    d. Arbitrary Arrest or Detention.--The Constitution and the Penal 
Code prohibit arbitrary arrest; however, security forces continued to 
use arbitrary arrest and detention.
    The police force was centrally controlled, but exercising 
oversight, particularly outside of N'Djamena, was difficult. There was 
general impunity for police officials who committed human rights 
abuses. In June, government officials publicly acknowledged the 
country's growing security problems, which resulted in part from the 
inability of the national and local police to counter widespread 
banditry, particularly outside of N'Djamena, and the proliferation of 
arms resulting from a succession of civil wars. The Government often 
allowed months to pass before it paid members of police, and corruption 
was widespread. In July, armed bandits with inside information about 
the payment of civil servant salaries killed two officials of the 
Ministry of Territorial Administration escorting the payroll for 
ministry employees in N'Djamena. By year's end, the perpetrators had 
been arrested and were awaiting trial.
    A judicial official is required to sign arrest warrants; however, 
the Government often did not respect this requirement. The law requires 
both a bail system and access to counsel, but neither provision was 
regularly enforced. Few detainees had the means to pay for private 
counsel, and incommunicado detention was a problem.
    Arbitrary arrest and detention was a problem. In Kerfi, there were 
reports that gendarmes arbitrarily arrested herders and placed them in 
unauthorized prisons.
    In May, a gendarme arrested and beat a man in Mayo Dalla after the 
wife of the gendarme reportedly told her husband she had dreamed about 
the man. The gendarme and his colleagues also robbed the man of $110 
(55,600 FCFA). By year's end, there were no reports that action had 
been taken against the gendarmes.
    During the year, gendarmes in the northern town of Kerfi reportedly 
arrested herders and arbitrarily detained them without formal charges 
in a private prison they had created. At least two of the herders were 
accused of illegally possessing weapons. At year's end, it was not 
known if the herders had been released, and no additional information 
was available.
    Security forces continued to conduct searches, most notably in the 
Kelo region, following the 2003 robbery of the CotonTchad plant in 
Pala. Security forces increased security operations along the eastern 
border with Sudan. In addition, security forces in N'Djamena conducted 
weapons searches throughout the year.
    Police at times arrested journalists and NGO officials who 
criticized the Government (see Sections 2.a. and 4).
    Lengthy pretrial detention remained a problem. Persons accused of 
crimes could be imprisoned for several years before being charged or 
tried, especially those arrested for felonies in the provinces, who 
then were transferred to the overcrowded prison in N'Djamena. Human 
rights groups reported that over 800 prisoners in the Central Prison 
were still awaiting judgment by year's end.

    e. Denial of a Fair Public Trial.--The Constitution provides for an 
independent judiciary; however, the judiciary was ineffective, 
underfunded, overburdened, vulnerable to acts of violence, and subject 
to executive interference. In practice, government officials and other 
influential persons often enjoyed immunity from judicial sanction. 
According to credible reports, many citizens believed that members of 
the military, in which the President's Zaghawa ethnic group figured 
prominently, continued to enjoy a particularly high degree of immunity 
from prosecution.
    During the year, members of the judiciary regularly received death 
threats. On October 5, Daynguirim Etienne, a magistrate in Abeche, was 
killed in his office at the Palace of Justice. By year's end, the 
assailant was in custody and the motive was unknown. Three other judges 
have been killed over the past 3 years.
    At the national level, a Supreme Court, Constitutional Court, and 
Court of Appeals exist; however, some of their members were appointed 
by the Government and not elected by citizens as required by the law, 
which weakened the independence of the courts. The constitutionally 
mandated High Court of Justice could try high-ranking government 
officials; only the National Assembly, which had taken no action on 
cases by year's end, could forward cases to this court.
    The remainder of the judicial system operated through courts 
located in provincial capitals. The N'Djamena Court of Appeals was 
supposed to conduct regular sessions in the provinces, but funding 
limitations did not permit the court to make circuit visits.
    The Constitution mandates a Superior Council of Magistrates to 
recommend judicial nominations and sanction judges who commit 
improprieties. The Superior Council handled several cases in the past 
few years. For example, in July 2003, after receiving a complaint by a 
human rights NGO about a warrant being issued for the wrong person, the 
Superior Council suspended for 6 months the Attorney General of 
Moundou. During the year, the Superior Council dismissed Attorney 
General of Mongo after counterfeit money, which was evidence in a case, 
disappeared while in his office's custody.
    Similar in function to the Superior Council, a new five-judge 
Judicial Oversight Commission began conducting investigations of 
judicial decisions and addressing suspected infractions during the 
year. However, in contrast to the Superior Council, the President 
appointed members of the Commission, which increased executive control 
over the judiciary and decreased the authority of the Superior Council. 
Parties to judicial cases could appeal to the Commission.
    Applicable law was sometimes confusing, as courts often tended to 
blend the formal French-derived legal code with traditional practices, 
and customary law continued to overrule Napoleonic law in practice. 
Residents of rural areas often lacked effective access to formal 
judicial institutions, and legal reference texts were not available 
outside the capital. In most civil cases, the population relied on 
traditional courts presided over by village chiefs, canton chiefs, or 
sultans. Decisions could be appealed to a formal court.
    Under the law, defendants are presumed innocent until proven 
guilty, but in practice many judges assumed guilt, particularly in 
crimes involving rape or theft. Cases are heard as public trials, and 
defendants have the right to appeal any decision. Defendants, their 
lawyers, and judges are permitted by law to question witnesses.
    The Muslim concept of dia, which involves a payment to the family 
of a murder victim or victim of a crime based on the decision of local 
leaders, was widely practiced in the northern Muslim areas of the 
country. Non-Muslim groups, who supported implementation of a civil 
code, challenged the use of the dia system, arguing that it was 
incompatible with the Constitution. Such groups further accused the 
Government of supporting dia practices by permitting the existence of 
local tribunals. No resolution was reached by year's end.
    The Government and human rights organizations reported that there 
were no political prisoners during the year. However, the whereabouts 
of some individuals arrested on suspicion of subversive activities 
against the Government were unknown at year's end. There were reports 
of several military and immigration prisons, but human rights or other 
organizations were denied access.

    f. Arbitrary Interference with Privacy, Family, Home, or 
Correspondence.--The Constitution prohibits such actions; however, 
authorities used illegal searches and wiretaps and monitored the 
contents of private mail. The Penal Code requires authorities to 
conduct searches of homes only during daylight hours and with a legal 
warrant; however, in practice, security forces ignored these provisions 
and conducted unlawful searches at any time. Security forces also 
stopped citizens regularly, extorting money or confiscating belongings.
    The Government engaged in wiretapping without judicial 
authorization, monitored the contents of private mail through the 
postal service, and monitored private e-mail through the main post 
office server.
    During the May coup attempt and in September, the Government 
ordered cellular phone networks to cease operations while government 
forces searched private homes for weapons. The ANS requested that 
cellular operators provide information on the cellular lines of 
suspected coup plotters. International organizations and human rights 
groups protested government interference with telephone communications; 
however, the Government argued that the interference was necessary for 
reasons of ``national security.''
    In November, military and police officials began searching for and 
confiscating Thuraya satellite telephones, including those from NGOs, 
humanitarian agencies, and diplomatic vehicles.
    There were occasions that police officers arrested family members 
of suspects. In February, police officers attacked Koulamadji 
Koutoloum, arrested him, and stole his proceeds from selling cotton. 
His children were also arrested; they were forced to pay $100 (49,700 
FCFA) to the gendarmes to be released.
    During the year, particularly between October and December, there 
were reports that members of the gendarmes, police, and army engaged in 
banditry or robbery. For example, on October 22, the Ministry of 
Defense's bodyguards arrested armed bandits who were members of the 
army. At year's end, they were awaiting trial.
    There were no new developments in the 2003 or 2002 cases of 
arbitrary interference with privacy, families, or homes by government 
agents.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The Constitution provides for 
freedom of speech and of the press, and in practice, the Government 
generally respected freedom of speech; however, it limited freedom of 
the press. The Government did not restrict academic freedom.
    During the year, individuals could criticize the Government 
publicly without reprisal; however, there were reports that the 
Government attempted to impede criticism by monitoring meetings of the 
political opposition, and there were a few reports that the Government 
attempted to intimidate its critics.
    The Government owned the newspaper Info Tchad and influenced 
another, Le Progres, but it did not dominate the press. A number of 
private newspapers, many of which were extremely critical of government 
policies and leaders, were published and circulated freely in the 
capital.
    Due to widespread illiteracy and the relatively high cost of 
newspapers and television, radio remained the most important medium of 
mass communication and information. The Government-owned Radiodiffusion 
Nationale Tchadienne had branches in N'Djamena, Abeche, Moundou, Sahr, 
and Taya. There were numerous private radio stations, including several 
owned by religious organizations, that broadcast throughout the 
country.
    The licensing fee set by the High Council on Communication (HCC) 
for a commercial radio station remained prohibitively high at 
approximately $10,000 (4,972,000 FCFA) per year, 10 times the fee for 
radio stations owned by nonprofit NGOs. Stations run by nonprofit 
groups were subject to close official scrutiny.
    The Government owned and operated the only domestic television 
station, Teletchad. Demand for private television was limited by poor 
electrical service and economic conditions, such as the lack of a 
sizeable audience with the required purchasing power. There was one 
privately owned satellite television company that distributed a package 
of French-language and English-language channels. Arabic programming 
was also available via satellite. The Government did not interfere with 
these channels.
    The Government harassed and detained journalists during the year. 
For example, on February 9, the gendarmerie arrested and beat Tchanguis 
Vatankhah, the managing director of private radio station Brakos 
Moissala, and shut down the station after it broadcast an interview 
with an opposition politician. Vatankhah was released after 48 hours, 
and Brakos Moissala reopened on February 10. Under the law, only the 
HCC has the authority to close a radio station. The HCC advocated on 
behalf of Vatankhah and the radio station.
    In July, three reporters--Mbainaye Betoubam, Abdelkerim Nassour, 
and Hassan Boukar--from IYAL TCHAD newspaper, a foreign-owned internet 
news service, alleged that security forces abused them while they were 
detained for 3 days for illegally selling an unregistered newspaper. 
The Government reported that it only detained one journalist, which it 
held for 1 day, and denied allegations of abuse.
    In October, the Government arrested and questioned Michael Didama, 
the chief editor of Le Temps, an opposition newspaper, over an article 
that criticized the President. The case had not been heard by year's 
end.
    Some journalists in the rural provinces reported that government 
officials warned them that democracy was for N'Djamena, not the 
regions, meaning that journalists should temper any contentious 
political reporting. In addition, some domestic journalists claimed 
that the Government restricted their ability to cover some events or 
visit certain locations and limited their access to high-ranking 
officials, restrictions that the Government did not impose on foreign 
journalists.
    In May, security forces sought Oulatar Begoto, director of 
publication for a bi-weekly newspaper, N'Djamena Hebdo, after he 
reported that the alleged coup plotters included allies of President 
Deby. By year's end, he had not been arrested or detained and had not 
gone into hiding.
    The Government placed limits on radio broadcasting. In May, the HCC 
warned Radio FM Liberte, which was run by human rights organizations, 
that their repeated broadcasts of communiques calling for a general 
strike to protest the revision of the Constitution constituted 
``political advertising.''
    In July, the HCC warned Radio FM Liberte after it broadcast an 
interview with a musician and artist who criticized African regimes for 
attempting to remain in power. Unknown persons calling themselves the 
``squad of death'' threatened FM Liberte employees, and as a result, 
one FM Liberte journalist went into self-exile after this incident.
    Government-owned and controlled media were headed by government-
selected news directors and subject to government pressure that 
resulted in informal censorship; however, at times they were critical 
of the Government.
    During the year, there was an increase in the number of reports 
that the Government threatened journalists with legal retaliation for 
publishing unfavorable material, such as accusations of corruption 
committed by government officials. Libel law was used to suppress 
criticism of political leaders, and during the year, the Government 
arrested several journalists for libel. If compensation was provided to 
the plaintiff, violators could face 1 year's imprisonment or a 
suspended sentence of 1 year with a fine.
    The Government did not restrict access to the Internet.
    In November, a private high school closed for a week following a 
confrontation between a teacher and three of President Deby's children, 
which escalated when the children were taken to the principal's office 
and expelled. The children called the Presidency, and members of the 
ANS and the Republican Guard arrived at the school to take the teacher 
into custody. The teacher fled into hiding. The school's leadership 
temporarily closed the school for fear of retaliation against the 
teacher and others; however, by year's end, there were no reports that 
the teacher had been arrested or detained.

    b. Freedom of Peaceful Assembly and Association.--The Constitution 
provides for freedom of assembly; however, the Government limited this 
right in practice. The law requires organizers of public demonstrations 
to notify local authorities 5 days in advance of the demonstration. 
Authorities banned demonstrations critical of the Government despite 
being notified in advance as required by law; however, they permitted 
demonstrations in support of the Government and its policies.
    In May, police attacked students demonstrating peacefully in front 
of the administrative building at the University of N'Djamena. The 
students were protesting the Government's attempt to annul the election 
of student union leaders. Excessive force and tear gas were used to 
disperse the students. Subsequently, the Minister of Territorial 
Administration issued an order banning all activities of the Union of 
Chadian Students. Throughout the year, the police regularly disrupted 
non-union student gatherings.
    In May, the Government disrupted a peaceful demonstration by human 
rights groups to protest the revision of the Constitution. In November, 
the Government denied a request by political parties to demonstrate in 
N'Djamena against a public referendum proposing the elimination of 
presidential term limits.
    There were no developments in the 2003 cases of abuse resulting 
from the use of excessive force by security forces.
    The Constitution provides for freedom of association, and the 
Government generally respected this right in practice.

    c. Freedom of Religion.--The Constitution provides for religious 
freedom; however, at times, the Government limited this right. The 
Constitution also provides for a secular state; however, senior 
government officials were predominantly Muslim, and some policies 
favored Islam in practice. For example, the Government sponsored annual 
Hajj trips to Mecca for certain government officials.
    The Government required religious groups to register; however, 
there were no specific legal penalties for failure to register, and 
there were no reports that any group had failed to apply for 
registration or that the registration process was unduly burdensome.
    The Islamic religious group Faid al-Djaria remained banned at 
year's end on the grounds that its religious customs, including the 
singing and dancing of men and women together in religious ceremonies, 
were un-Islamic.
    Although the different religious communities generally coexisted 
without problems, there were reports of occasional tension between 
Christians and Muslims. In November, a market dispute in Bebedja 
erupted between Muslims and Christians and resulted in 12 deaths, 21 
persons injured, and a significant proportion of the town burned. 
Police arrested 18 persons. By year's end, some of those arrested were 
released, and those who were charged remained in detention awaiting 
trial. Several local officials, including the mayor of Bebedja, were 
dismissed for their role in the incident.
    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, the Government imposed some limits in practice. The 
Government did not require special permission for travel in areas that 
it effectively controlled; however, in July, the Ministry of 
Territorial Administration began requiring an ``authorization for 
circulation'' for foreign travelers intending to visit the east, 
including humanitarian agency personnel, due to growing insecurity in 
the region. The travel permits were not restrictive but did require 
travelers to allow between 3 and 5 days to obtain the permit. 
Authorities also required foreigners to register with immigration upon 
arrival to Abeche. Elements of the security forces, rebels, and bandits 
continued to maintain roadblocks throughout the country, extorting 
money from travelers and often beating them. The Government did not 
officially condone such behavior by its security forces; however, it 
did not effectively discourage the practice. In addition, armed bandits 
operated on many roads, assaulting, robbing, and killing travelers; 
some bandits were identified as active duty soldiers or deserters.
    Security forces regularly harassed travelers on roadways. In 
October, security forces stopped and harassed the President of the 
National Assembly at a checkpoint as he traveled east of N'Djamena, 
despite the fact that his car had official government plates.
    By year's end, there was no investigation or disciplinary action 
regarding the May 2003 assault by security forces of an expatriate 
businessman.
    Tension along the border with CAR continued to hinder free movement 
in the region. Bandits from CAR continued to enter the country and 
commit attacks on citizens during the year, despite an agreement by 
government officials of both countries to stem insecurity along the 
border and seize weapons held illegally by individuals, militias, and 
herders.
    The law prohibits forced exile, and the Government did not use it.
    The Constitution does not provide for the granting of asylum or 
refugee status and consequently is not 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 granted refugee status or asylum. The Government also 
provided protection to certain individuals who may not qualify as 
refugees under the 1951 U.N. Convention or its 1967 Protocol. An 
official national structure, the National Committee for Welcoming and 
Reinsertion of Refugees, handled domestic and foreign refugee affairs.
    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. By year's end, the UNHCR and 
the Government were working together to identify new sites for refugee 
camps located in close proximity to the Sudanese border and the 
conflict in the Darfur region of western Sudan. At year's end, 
according to the UNHCR, the country hosted approximately 200,000 
Sudanese refugees from Darfur, who were located in 11 camps along the 
eastern border with Sudan. There were also approximately 30,000 
refugees from CAR and small numbers of refugees from the Democratic 
Republic of the Congo. During the year, the Government informally 
granted refugee and asylum status to persons from Sudan, CAR, and the 
Republic of the Congo and allowed them to remain in the country for 
resettlement.
    In July, gendarmes killed two refugees in an attempt to restore 
order and searched for weapons at Farchana and Bredjing refugee camps, 
where refugees had attacked humanitarian workers. The Government also 
arrested 16 refugees whom it said were fomenting dissent among the 
other refugees. By year's end, all 16 had been released.
    By year's end, there was no additional information on 2003 reports 
that soldiers in the southern border town of Gore harassed, beat, and 
stole from refugees fleeing CAR.
    There was no reported action in the 2002 case of gendarmes who 
kidnapped and detained refugee Bienvenu Ngala Mambweni and 
approximately 100 other persons, all of whom were either voluntarily 
repatriated or otherwise resettled.
    There were no reports of abuses committed against refugees by 
rebels or jinjaweed from Sudan; however, in a bombing raid by the 
government of Sudan on Tine, Sudan, residents of Tine, Chad were 
killed.
    Anti-refugee sentiment among the citizens living in refugee-
affected areas of the country was high due to pressure on local 
resources--such wood, water, and grazing land for animals--and the 
provision of goods and services for refugees that were not available to 
the local population. During the year, there were reports that citizens 
attacked refugees and destroyed their wells out of frustration and fear 
of resource shortages. During the year, the UNHCR and its partner 
organizations expressed concern about the possibility of the 
militarization of the refugee camps, particularly one located on the 
border. As a result, between August and year's end, gendarmes were 
deployed at the camps to protect the refugees from outside influences.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The Constitution provides citizens with the right to change their 
government peacefully; however, the Government continued to limit this 
right in practice. A prime minister, who was nominated by the President 
and confirmed by the National Assembly, headed the Government. In June 
2003, President Deby nominated his nephew, Moussa Faki Mahamat, as 
Prime Minister. Despite protests from southern opposition leaders, 
Mahamat's nomination was approved by the National Assembly and reversed 
a 25-year trend of naming a southern Christian as Prime Minister. A new 
cabinet of 30 members, including the Prime Minister, was appointed by 
the President on July 28. The executive branch dominated all other 
branches.
    The 2002 legislative election, in which President Deby's MPS party 
won a majority of National Assembly seats, was largely determined in 
advance and resulted in inaccurate registered voter lists, due 
primarily to a faulty electoral census that the Government refused to 
revise. In addition, the MPS, running allied with another party in some 
districts, was the only political party to have a candidate in every 
district. Local NGOs reported numerous voting irregularities.
    According to several observers, President Deby's first-round 
victory in the 2001 presidential election was marred by irregularities. 
While monitoring the voting process, unofficial observers from local 
human rights and civil society groups were assaulted in polling 
stations. In addition, prior to and following the presidential 
election, several cases of abuses against opposition supporters and 
candidates took place, and the Government restricted media coverage.
    There were an estimated 70 political parties in the country. 
Parties allied with the regime generally received favorable treatment. 
Opposition political leaders have accused the Government of co-opting 
their most popular local politicians to run as MPS members in local 
elections and also alleged intimidation by the military against those 
party members who refused. In May, a former Deby ally alleged that the 
Government attempted to remove him from an opposition party's 
leadership. Northerners, particularly members of the Zaghawa ethnic 
group, including the Bideyat subclan to which the President belongs, 
continued to dominate the public sector and were over-represented in 
key posts of key institutions of state power, including the military 
officer corps, elite military units, and the presidential staff.
    On May 16, members of the Republican and Nomadic Guards failed in 
their attempt to assassinate President Deby. In the days following the 
attempt, the Government set up checkpoints, conducted search 
operations, and disrupted the cellular telephone networks as suspected 
coup plotters were rounded up (see Section 1. f.). There were 
unconfirmed reports of casualties, although the number of casualties 
was unknown. After the coup attempt, several top military and security 
officials were replaced. No information was available on any 
prosecution or punitive actions that may have been taken against the 
alleged coup plotters.
    On May 26, the National Assembly voted to recommend for national 
referendum several constitutional amendments, which included the 
removal of term limits for the office of President and the abolishment 
of the (nonexistent) Senate. Opposition members said the National 
Assembly President did not give them an opportunity to discuss the 
issues prior to the National Assembly's vote, and 17 opposition parties 
organized a national strike in protest of the vote. By year's end, the 
date of the referendum had not been set.
    In August, the Government announced the composition of the National 
Independent Electoral Commission (CENI) and the National Elections 
Monitoring Commission (CNRE). On October 27, the National Assembly 
passed a law modifying CENI's composition, despite a boycott of the 
vote by opposition parties, which alleged a lack of transparency in 
arranging a national referendum in 2005 on constitutional amendments. 
Members of the Government, members of the political parties holding 
seats in the National Assembly, and parties without seats in the 
legislature composed the 31-member CENI. By year's end, the Government 
and ruling party controlled 24 seats in the CENI, and the most 
prominent opposition parties were not represented on the CENI or the 
CNRE. Some political parties refused to participate in the CENI in an 
effort to protest the referendum, scheduled for 2005, on constitutional 
amendments.
    The Government remained highly centralized. The national Government 
appointed all subnational government officials, who often relied on the 
central Government for funds and for administrative personnel.
    During the year, the Government continued its constitutionally 
mandated decentralization process. Many opposition political parties 
objected to the Government's decentralization plan, which resulted in 
the redesignation of 14 prefectures as 18 regions, all headed by 
presidentially appointed governors, instead of prefects. Prefects 
retained their titles but administered smaller departments within the 
regions.
    Corruption continued to be a serious problem. At the beginning of 
the year, some officers in the security forces continued to collect 
government payments for several thousand ``phantom soldiers,'' or 
nonexistent subordinates. During the first half of the year, the 
President attempted to curb pay fraud in the security forces and 
accurately determine the size of the security forces.
    In May, a senior member of a committee established under a World 
Bank plan to prevent corruption in the country's oil revenue management 
criticized the Government and a foreign oil company for depriving the 
committee of information from the Ministry of Finance and the necessary 
resources to be effective in fostering transparency. Beginning in June, 
the Ministry of Finance, the World Bank, and the foreign oil company 
launched several public awareness campaigns and educational efforts for 
the members of the College, the National Assembly, and the public to 
explain how the revenue management system worked.
    In July, the President created a new ministry and named a new 
minister to fight corruption in the Government. The Government also 
took steps to reduce corruption concerning customs and tax fraud.
    In July, the Government created a new ministerial post to uphold 
government ethics. The newly created ministry is tasked with 
identifying and eliminating corruption within the Government. By year's 
end, the ministry had drafted government policy on fighting corruption 
and had begun training the ministry's staff.
    The law does not provide for public access to government 
information; in practice, the Government provided access to government-
employed journalists, but independent media journalists complained that 
they did not have sufficient access to government information during 
the year. The Government's low capacity to retrieve and store 
information was a problem; however, the Government mandates that the 
proceedings of some ministerial meetings be broadcast on the radio or 
published in Info Tchad, a government newspaper.
    Few women held senior leadership positions: There were 10 women in 
the 125-seat National Assembly and 3 women of cabinet rank. One member 
of the CENI was a woman.
    The Government was dominated by the Zaghawa, a minority ethnic 
group.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    The Government obstructed the work of human rights organizations 
during the year through arrest, detention, and intimidation; however, 
such groups were able to investigate and publish their findings on 
human rights cases. Government officials generally were accessible to 
human rights advocates but unresponsive or hostile to their findings.
    There were three primary local human rights organizations: The 
ATPDH, The Association for the Promotion of Fundamental Liberties in 
Chad, and the Chadian League for Human Rights (LTDH). These and smaller 
human rights organizations worked closely together through an umbrella 
organization, the Association of Human Rights, and their work included 
observing government detention practices, assisting individuals who 
have suffered human rights abuses, and holding public conferences and 
seminars.
    Despite pressure from the Government, human rights groups were 
outspoken and often partisan in publicizing the abuses through reports, 
press releases, and the print media, but only occasionally were they 
able to intervene successfully with authorities. Most local human 
rights groups were composed of political opponents of the Government, 
which weakened their credibility with the Government and some 
international organizations.
    In February, police arrested Bandala Tchatcho Pierre, president of 
the Kelo branch of the LTDH, and detained him for 24 hours after he had 
reported on the alleged use of police brutality during tax collection.
    In April, the Chief Commandant of the Gendarmarie arrested and beat 
Mahamat Fadoul Aljazouli, who worked in the Ministry of Education and 
was in charge of the LTDH in Batha/Guera. By year's end, Aljazouli had 
been released and no action had been taken against the commander.
    In April, a traditional leader in Lere ordered the arrest of Daniel 
Deuzoumbe Passalet, the president of Human Rights without Borders, a 
local NGO, for publishing a communique protesting the abuse of human 
rights in the region. By year's end, Passalet had been released.
    During the year, the Government restricted international human 
rights organizations, although the Government began to permit more 
investigative activity. In 2003, after several years of being 
prohibited from working in the country, Amnesty International assigned 
a representative to N'Djamena to examine human rights abuses in the 
country and work with human rights organizations. In addition, 
personnel from international human rights organizations traveled 
regularly through the country to investigate atrocities in Sudan.
    The Government allowed unhindered access to a joint team composed 
of foreign government officials and NGO personnel to conduct interviews 
of Sudanese refugees in the country to determine whether genocide was 
being committed in Darfur, Sudan.
    Belgian courts continued their investigation of crimes against 
humanity committed by Habre during his rule from 1982 until 1990. At 
year's end, Habre was living abroad, and Belgian courts, along with 
human rights organizations, were trying to extradite him for trial in 
Belgium. No additional legal action was taken against Habre during the 
year.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The Constitution provides for equal rights for all citizens, 
regardless of origin, race, religion, political opinion, or social 
status; however, these rights were not always enforced. In practice, 
cultural traditions maintained women in a status subordinate to men, 
and the Government favored its ethnic supporters and allies. Societal 
discrimination continued to be practiced against homosexuals, those 
afflicted with HIV/AIDS, and members of ethnic groups.

    Women.--Domestic violence against women was common, although 
statistics were unavailable. By tradition, wives were subject to the 
authority of their husbands, and they had limited legal recourse 
against abuse. Family or traditional authorities could act in such 
cases; however, police rarely intervened. The law prohibited rape, 
prostitution, and spousal abuse, but not sexual harassment; however, 
all were problems.
    There were reports that family members killed women for breaking 
social customs.
    The law prohibits violence against women, including the practice of 
FGM; however, in practice FGM was widespread and deeply rooted in 
tradition. A 2002 U.N.-NGO study estimated that approximately 60 
percent of all women in the country had undergone FGM. The practice was 
especially prevalent among ethnic groups in the east and south, where 
it was introduced from Sudan. All three types of FGM were practiced. 
The least common but most dangerous and severe form of FGM, 
infibulation, was confined largely to the region on the eastern border 
with Sudan. FGM usually was performed prior to puberty as a rite of 
passage.
    Under the law, FGM is prosecutable as a form of assault, and 
charges can be brought against the parents of FGM victims, medical 
practitioners, or others involved in the action; however, no such suits 
were brought during the year. The Ministry of Social Action and the 
Family was responsible for coordinating activities to combat FGM.
    The law prohibits prostitution, pimping, and owning a brothel, and 
prostitution was a problem, particularly in the southern oil-producing 
region. During the year, the Penal Code was revised to establish new 
punishments for the prostitution of a minor; the revised code provides 
for prison terms of between 2 months and 2 years and a fine of between 
$99 and $985 (50,000 FCFA and 500,000 FCFA).
    Discrimination against women remained widespread. In practice, 
women did not have equal opportunities for education and training, 
making it difficult for them to compete for the few formal sector jobs. 
Property and inheritance laws based on the French code do not 
discriminate against women; however, most inheritance cases were 
adjudicated by local leaders, with traditional practice favoring men. 
The exploitation of women was pervasive, especially in rural areas, 
where women did most of the agricultural labor and were discouraged 
from formal schooling. Illiteracy was estimated at 66 percent for 
women, compared with 48 percent for men.
    There is no law on polygyny; however, spouses may opt to declare a 
marriage monogamous. If a monogamous relationship is violated, the wife 
has the right to request that the marriage be dissolved; however, she 
must repay the bride price and other expenses related to the marriage. 
Polygyny has become a controversial issue between Muslim and Christian 
communities during the revision of the Family Code. The Code's revision 
was awaiting a determination from the Government.

    Children.--The Government generally supported the activities of 
NGOs and international donors to improve children's rights and welfare, 
but the Government had few resources to organize its own activities. 
Although the Government continued to modestly increase its assistance 
to the education sector, it was unable to adequately fund public 
education and medical care. Government education policy for children 
and youth focused on increasing classroom facilities and 
infrastructure.
    Although the Constitution does not specify until which age, it does 
provide for compulsory education; however, the Government did not 
enforce this provision. The Constitution also provides for free 
education; however, parents complained that they must pay tuition to 
public schools. Approximately half of the teachers in the country were 
hired and paid by parent-teacher associations without government 
reimbursement.
    According to UNICEF, 46 percent of boys and 33 percent of girls 
attended primary school. Educational opportunities for girls were 
limited, mainly because of the traditional role of young girls in 
household tasks such as the search for water and wood. The percentage 
of girls enrolled in secondary school was extremely low compared with 
that of boys, primarily because of early marriage.
    Child abuse, including abuse of child herders, remained a problem.
    The law considers any citizen under the age of 18 years a minor. 
Sexual relations before the age of 13 years, even with consent, are 
considered to be rape, and the prescribed sentence is hard labor for 
life. The legal age of consent is 14. Although the law prohibits sexual 
relations with a girl under the age of 14, even if married, this law 
rarely was enforced. Families arranged marriages for girls as young as 
12 or 13 years of age; the minimum legal age for engagements was 11 
years of age. During the year, the Penal Code was revised to outlaw 
forced marriages of minors and provides for penalties of 6 months to 2 
years of imprisonment and a fine of between $99 and $985 (50,000 FCFA 
and 500,000 FCFA). There were some forced marriages, and the custom of 
buying and selling child brides continued to be a problem. Many young 
wives were forced to work long hours of physical labor for their 
husbands in fields or homes.
    FGM was commonly practiced on young girls (see Section 5).
    Several human rights organizations reported on the problem of the 
``mahadjir'' children. These children, who attended certain Islamic 
schools, were forced by their teachers to beg for food and money. There 
were no reliable estimates as to the number of mahadjir children. In 
May, the Ministry of Social Action and Family, an NGO, and 
international organizations held a conference to raise public awareness 
of mahadjir children and discuss appropriate interventions to help 
them.
    Trafficking in children was a problem (see Section 5, Trafficking).
    The use of child soldiers is prohibited by law, and according to 
UNICEF protection officers, the use of child soldiers was not 
widespread. Although reliable information about the use of child 
soldiers was difficult to obtain, UNICEF estimated in 2003 that there 
were approximately 600 child soldiers reportedly serving in government 
security forces and armed groups in the country; however, the number of 
child soldiers was believed to have decreased during the year, and no 
further recruitment of children for use as soldiers was reported.
    Child labor remained a serious problem (see Section 6.d.).
    In 2002, UNICEF estimated that there were approximately 10,000 
street children, and in April 2003, the newspaper Le Temps reported 
that the number was increasing. Children were on the streets because 
either one or both parents had died, or because parents simply did not 
take care of them.
    In collaboration with UNICEF, the Ministry of Social Affairs 
conducted several surveys during the year to identify vulnerable 
children. As a result, the Government and NGOs were developing 
protection measures--such as temporary shelters to assist victims of 
exploitation--for street children; minors in detention; HIV/AIDS 
orphans; sexually abused, sexually exploited, and trafficked children; 
and children in armed conflict.
    During the year, there were several programs to help children, 
including efforts to curb the widespread use of child herders in the 
south of the country. In urban areas, UNICEF and other NGOs worked to 
educate homeless children and reintegrate them into their families or 
other social support networks. The Government established a Children's 
Parliament during the year to advocate children's rights and carry out 
public awareness campaigns.

    Trafficking in Persons.--The law prohibits trafficking in persons; 
however, there were reports of trafficking within the country. Children 
were trafficked for forced labor, primarily as herders or domestic 
workers (see Section 6.d.). During the year, an NGO survey of 500 child 
herders who had been returned to their parents indicated that there may 
have been between 1,500 and 2,000 children between 6 and 17 years of 
age who had been trafficked as child herders. There were also reports 
of child prostitution, primarily in the southern oil-producing region.
    The Penal Code makes trafficking in persons a crime punishable by 
between 10 months' imprisonment and life-long prison sentences 
involving hard labor. During the year, the Penal Code was revised to 
provide for punishments of between 10 and 20 years of forced labor in 
prison for the trafficking of children. No economic or financial aid 
was available unless a victim sought damages in court. According to the 
most recent statistics available, the Ministry of Justice's Child 
Protection Department and the Juvenile Division of the High Court 
handled 29 of 100 complaints relating to sexual exploitation of 
children in 2002. The LTDH also assisted in prosecuting trafficking 
cases on an individual basis throughout the year.
    The Government prosecuted traffickers during the year. Three 
accused traffickers were sentenced to hard labor for life by an appeals 
court. By year's end, the case was on appeal and was being heard by the 
Supreme Court. Another case involving a 10-year-old girl allegedly sold 
by her parents to herders was ongoing at year's end. In October 2003, 
several parents, including a village chief, were sentenced to 6 months 
in prison and fined $400 (200,000 FCFA) for selling their children as 
child herders.
    The Ministry of Justice's Child Protection Department continued to 
cooperate with UNICEF and a few NGOs to combat trafficking. During the 
year, the Government held a seminar with members of the National 
Assembly to raise awareness of the new law on trafficking, and UNICEF 
sponsored educational campaigns through the media to advise parents to 
instruct children about the danger of trusting strangers. The 
Government, working with UNICEF and NGOs, identified cases of 
trafficking. During the year, the Ministry of Justice requested funding 
for its anti-trafficking efforts, but it did not have the financial 
resources to support NGOs. Victim support was provided at the local 
level, often through the intervention of local government authorities 
who transferred victims to religious groups.
    The Government focused most of its antitrafficking efforts on 
prevention, particularly by raising citizens' awareness of trafficking. 
For example, during the year, the Governor of Moyen Chari, an area that 
served as the source for the majority of children used as cattle 
herders, continued to increase efforts to prosecute those complicit in 
trafficking, which resulted in an increase in cases being prosecuted. 
He also worked through the prefets and sous-prefets to recover children 
who had been trafficked. The Ministry of Social Action and Family, the 
Ministry of Labor, and UNICEF conducted meetings with village elders in 
Moyen Chari. An antitrafficking NGO composed of families and a former 
intermediary arrested for trafficking in October 2003 also participated 
in the sensitization campaign. During the year, the group raised 
awareness of the dangers of child trafficking by speaking to villages 
in a trafficking-prone district.

    Persons with Disabilities.--There was no official discrimination 
against persons with disabilities; however, the Government operated 
only a few therapy, education, or employment programs for persons with 
disabilities, and no laws mandate that buildings be accessible to 
persons with disabilities. Several local NGOs provided skills training 
to the hearing-impaired and visually-impaired. During the year, the 
Government, in conjunction with NGOs, continued to sponsor an annual 
day of activities to raise awareness of persons with disabilities.

    National/Racial/Ethnic Minorities.--There were approximately 200 
ethnic groups, many of which were concentrated regionally and spoke 128 
distinct primary languages. Although most ethnic groups were affiliated 
with one of two regional and cultural traditions--Arab and Saharan/
Sahelian-zone Muslims in the north, center, and east; and Sudanian-zone 
Christian or animist groups in the south--migrations in response to 
urbanization and desertification resulted in the integration of these 
groups in some areas of the country.
    Societal discrimination continued to be practiced routinely by 
members of virtually all ethnic groups and was evident in patterns of 
employment, especially across the north-south divide. The law prohibits 
state discrimination on the basis of ethnicity, although in practice, 
ethnicity continued to influence government appointments and political 
alliances (see Section 3). Political parties and groups generally had 
readily identifiable regional or ethnic bases.
    The rebellion by ethnic Toubous of the MDJT in the northern Tibesti 
region lost much of its strength during the past 2 years, and at year's 
end, the Government and the MDJT continued efforts to negotiate an end 
to the rebellion. Unlike in the previous year, there were no reports of 
fighting between the MDJT and the Government.
    Clashes between herders and sedentary populations and other 
interethnic violence, often concerning land use, continued to be a 
serious problem.
    In March, 21 persons died and 13 were injured in fighting between 
herders and local residents in Yomi. Also in March, police were 
deployed to Chagoua, a suburb of N'Djamena, to halt clashes between the 
Kim and Ere communities.
    In May, interethnic conflict in southern Chari Baguirmi between 
Moabits and Tidjanias resulted in 9 deaths and 15 persons injured. In 
June, an interethnic conflict in the region of Mayo-Kebbi erupted 
between two communities and resulted in 14 deaths and 50 injured 
persons.
Section 6. Worker Rights
    a. The Right of Association.--The Constitution recognizes freedom 
of association and union membership, and the Government generally 
respected the right to organize in practice. All employees, except 
members of the armed forces, were free to join or form unions, but only 
with the authorization of the Ministry of the Interior.
    In the formal sector, more than 90 percent of employees belonged to 
unions; however, the majority of workers were nonunionized, unpaid 
subsistence cultivators or herders. The Government, which owned 
businesses that dominated many sectors of the formal economy, remained 
the largest employer.
    An ordinance that requires prior authorization from the Ministry of 
the Interior before an association can be formed remained in force; 
however, there were no reports that the ordinance was used. The 
ordinance also allows for the immediate administrative dissolution of 
an association and permitted the authorities to oversee associations' 
funds.
    The Labor Code prohibits antiunion discrimination by employers 
against unions, and there were no reports of such antiunion 
discrimination during the year. A High Committee for Work and Social 
Security is the formal mechanism for addressing complaints, but it was 
overburdened and underfunded.

    b. The Right to Organize and Bargain Collectively.--The law allows 
unions to organize and bargain collectively; in practice the Government 
protect these rights. There were no export processing zones.
    There were no restrictions on collective bargaining. The law 
authorizes the Government to intervene in the bargaining process under 
certain circumstances.
    The Constitution recognizes the right to strike, and workers 
exercised this right in practice. The right to strike is limited in the 
public sector by a decree requiring a minimum service to be maintained. 
The law permits imprisonment with forced labor as punishment for 
participation in illegal strikes; however, no such punishment was 
imposed during the year.

    c. Prohibition of Forced or Compulsory Labor.--The law prohibits 
forced or compulsory labor, including by children; however, during the 
year, there continued to be reports of forced labor practices in the 
formal economy and isolated instances of forced labor by local 
authorities of both children and adults in the rural sector (see 
Section 6.d.). There were also reports that prisoners were required to 
work to pay their back taxes.
    The law permits imprisonment with forced labor for participation in 
illegal strikes only.

    d. Prohibition of Child Labor and Minimum Age for Employment.--The 
labor law provides that anyone under the age of 18 is a child and 
prohibits children from undertaking ``any work which, by its nature or 
the circumstances in which it was carried out, was likely to harm the 
health, safety, or morals of children''; however, in practice, child 
labor, including forced child labor, was a serious problem. The 
Government generally lacked the means to ensure enforcement of the law. 
By year's end, the National Assembly passed amendments to harmonize 
labor laws with international conventions concerning labor rights.
    The Labor Code stipulates that the minimum age for employment in 
the formal sector is 14 years; however, the Government did not enforce 
the law in practice. According to a 2000 UNICEF study, 65.5 percent of 
minors worked, including those performing domestic chores for more than 
4 hours per day, those working within the family (herding, 
microcommerce, etc.), and those who worked for someone outside the 
family but who were underage. Approximately one out of every five 
children between the ages of 6 and 18 years of age worked in the urban 
informal sector. Children worked in agriculture and herding throughout 
the country. Children were also employed in the commercial sector, 
particularly in the capital, as street vendors, manual laborers, and 
helpers in small shops. Young girls worked as domestic servants, mainly 
in N'Djamena.
    By some estimates, abusive and exploitative child labor affected 20 
percent of children between the ages of 6 and 18. There were cases in 
which families sold their children in some southern regions. In some 
areas, local authorities fined parents caught selling their children 
into forced labor. In response, some families worked with 
intermediaries to pass children from families directly to the farm 
owners.
    During the year, there were reports that in the southern part of 
the country, families contracted out their children to Arab nomadic 
herders to help care for their animals, and the children often were 
abused and returned with little financial compensation for their work. 
There were also credible reports that children were forced into 
slavery. According to a U.N. news service, during the year, aid workers 
in the country estimated that families have sold as many as 2,000 
children--some as young as 8--into a system of slavery in which they 
worked as ``child cattle herders.''
    Some children worked as domestic servants in the households of 
relatives for little compensation. Some young girls were forced into 
marriages by their families and then forced to work in their husbands' 
fields or homes and to bear children while they were still too young to 
do so safely (see Section 5).
    The use of child soldiers is prohibited by law, and according to 
UNICEF protection officers, the use of child soldiers was not 
widespread (see Section 5).
    There were only 30 labor inspectors for the entire country. 
Approximately 10 to 15 child labor cases reportedly were investigated 
by the Government each year.
    The Government worked with UNICEF to increase public awareness of 
child labor. During the year, UNICEF organized workshops in regional 
towns to share information on the dangers of forced child labor and the 
benefits of education. The training left each town equipped with one 
individual charged with overseeing the continuing public relations 
campaign. UNICEF developed a program with government funding to reduce 
the prevalence of young girls serving as household domestics. In 
addition, the campaign to educate parents and civil society on the 
dangers of child labor, particularly for child herders, was ongoing.

    e. Acceptable Conditions of Work.--The Labor Code requires the 
Government to set minimum wages. The minimum wage at year's end was $45 
(25,480 FCFA) per month. Most wages, including the minimum wage, did 
not provide a decent standard of living for a worker and family. Nearly 
all private sector and state-owned firms paid at least the minimum 
wage, but it was largely ignored in the vast informal sector. During 
the year, the Government began to pay all employees at least the 
minimum wage for the first time, and government salaries increased 
overall by 5 percent. In some parts of the country, there were long 
delays in the payment of government salaries. Salary arrears remained a 
problem, although less so than in previous years. Low wages among 
customs, police, and military officials contributed to almost daily 
extortion of the civilian population along all major roads (see Section 
2.d.).
    The law limits most employment to 39 hours per week, with overtime 
paid for supplementary hours. Agricultural work was limited to 2,400 
hours per year, which was an average of 46 hours per week. All workers 
were entitled to an unbroken period of 48 hours of rest per week; 
however, in practice these rights rarely were enforced.
    The Labor Code mandates occupational health and safety standards 
and inspectors with the authority to enforce them; however, these 
standards rarely were respected in practice in the private sector and 
were nonexistent in the civil service.
    Workers had the right to remove themselves from dangerous working 
conditions; however, in practice they could not leave without 
jeopardizing their employment.
    The Labor Code explicitly protects all workers, including foreign 
and illegal workers, but the protections provided were not always 
respected in practice.

                               __________

                                COMOROS

    The Union of Comoros is an emerging democracy ruled by President 
Azali Assoumani, who took power in a coup in 1999 and subsequently was 
elected in 2002 presidential elections described by international 
observers as free and fair. The country consists of three islands 
(Grande Comore, Anjouan, and Moheli) and claims a fourth, Mayotte, 
which is governed by France. There were several active political 
parties, which were divided roughly into two groups: Those affiliated 
with the Union Government, and those affiliated with the governments of 
the individual islands. Legislative elections took place in March to 
elect island government assemblies on each of the three islands and, in 
April, to elect members of the National Assembly. International 
observers considered these elections to be free and fair. Work on the 
law to determine the power sharing structure between the island 
governments and Union Government had not been completed by year's end. 
The judiciary was independent.
    There are four separate security forces that reported to three 
different authorities: The Gendarmerie and Comorian Defense Force, 
which reported directly to Union President Azali and had responsibility 
for internal and external security on the islands of Grande Comore and 
Moheli; a police force in and around the capital Moroni that reported 
to Union President Azali and was responsible for law enforcement and 
immigration; a local police force on Grande Comore that reported to 
Grande Comore President Abdou Soule Elbak; and a combined Gendarmerie 
and police force on the island of Anjouan that reported to Anjouan 
island president Colonel Mohamed Bacar. The Union Government does not 
have a police or military presence on Anjouan. The civilian authorities 
maintained effective control of the security forces. Some members of 
the security forces committed human rights abuses.
    The economy was market-based. The country's population was 
approximately 600,000. The economy was primarily agricultural, 
dominated by subsistence farming and the production of vanilla, ylang-
ylang (a precursor to perfume), and cloves. The rate of economic growth 
was estimated to be 2.3 percent in 2003. Wages have kept pace with 
inflation, but the price of vanilla, the main export, has fallen 
dramatically in recent years, seriously impacting economic growth. The 
country depended heavily on remittances and foreign assistance.
    The Government generally respected the human rights of its 
citizens; however, there were problems in some areas. Prison conditions 
remained poor. The Government restricted freedom of religion. Societal 
discrimination against women and Christians continued to be serious 
problems. There were some instances of forced child labor.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Arbitrary or Unlawful Deprivation of Life.--There were no 
reports of the arbitrary or unlawful deprivation of life by the 
Government or its agents.

    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.
    Unlike in the previous year, there were no reports that security 
forces forcibly dispersed demonstrations.
    Prison conditions remained poor. A lack of proper sanitation, 
overcrowding, inadequate medical facilities, and poor diet were common 
problems. The Government has not taken action to remedy these problems.
    Female prisoners were held separately from male prisoners. 
Juveniles were not imprisoned; they were returned to the custody of 
their parents. Pretrial detainees were not held separately from 
convicted prisoners.
    The Government permitted prison visits by independent observers; 
the International Committee of the Red Cross, United Nations 
Development Program, the World Health Organization, and UNICEF made 
prison visits during the year.

    d. Arbitrary Arrest or Detention.--The Constitution prohibits 
arbitrary arrest and detention; however, there was one case of alleged 
arbitrary detention of the editor of an independent newspaper. 
Authorities reportedly detained the editor for 48 hours after he 
printed an article critical of the Government. He was released with no 
charges brought against him (see Section 2.a.). Unlike in the previous 
year, there were no reports that police brought persons who were 
detained to military camps instead of jails and held them without 
charge for more than 24 hours.
    There were four separate security forces, which reported to three 
different authorities. On the island of Grand Comore, there were three 
forces with responsibility for local policing: Two that reported to 
Union President Azali (a local police force and the Gendarmerie) and 
one that reported to island President Elbak. The Union police force had 
responsibility for local policing and handled immigration. The 
Gendarmerie handled some local policing on Grande Comore and all local 
policing on the island of Moheli and was responsible for internal and 
external defense. The island of Anjouan maintained its own military and 
police force that it called its Gendarmerie. This arrangement 
complicated effective policing in the country. The Union Government and 
island governments separately reported the need for more training and 
equipment to provide more effective security.
    During the year, the Government did not take any actions to reform 
the police; however, the National Assembly debated how to clarify 
security responsibilities between the Union Government and the island 
governments.

    e. Denial of Fair Public Trial.--The Constitution provides for an 
independent judiciary, and the Government generally respected this 
provision in practice. The head of state appoints magistrates by 
decree.
    In October, the Government established the 7-member Constitutional 
Court. The President of the Union assigns one member, one member is 
assigned by each of the two Union Vice Presidents, one member is 
assigned by each of the three island government presidents, and the 
President of the National Assembly assigns one member.
    The Constitution provides for the right to a fair trial, and an 
independent judiciary generally enforced this right. Trials were open 
to the public except for limited exceptions defined by law. The legal 
system incorporates Islamic law as well as French legal codes. There 
were approximately five lawyers in the country, making it difficult to 
obtain legal representation. Most disputes were presented to village 
elders for possible resolution before being taken to court.
    There were no reports of political prisoners.

    f. Arbitrary Interference with Privacy, Family, Home, or 
Correspondence.--The Constitution prohibits such actions, and the 
Government generally respected these prohibitions in practice.
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, although there were problems in 
some areas. The Government did not restrict academic freedom.
    There was one government-supported newspaper, Al-Watwan, that 
published regularly and one independent newspaper that published 
irregularly.
    Authorities allegedly detained for 48 hours the editor of an 
independent newspaper after he printed an article strongly criticizing 
the Government. No charges were brought against the editor, and he was 
released.
    There was a government radio station, which operated on a regular 
schedule. In addition, there were local community radio stations, which 
operated in very narrow transmission areas. Citizens who lived overseas 
primarily funded these stations, which were staffed by volunteers and 
were allowed to operate without government interference or regulation. 
Residents also received broadcasts from Mayotte Radio, as well as from 
French television, without government interference. In April, one pro-
Union government radio station was ransacked during the national 
elections.
    There were several small, community-based television stations that 
operated without government interference. Funds for their operation 
were raised among local residents and from relatives overseas.
    Foreign newspapers and books were available.
    The Government did not restrict access to the Internet.

    b. Freedom of Peaceful Assembly and Association.--The Constitution 
provides for freedom of assembly, and the Government generally 
respected this right in practice.
    In September, the island government of Anjouan dispersed a 
gathering of several hundred followers of the Djawula faith because the 
group had not received the required prior authorization from the island 
government. The authorities also were concerned that the organizers 
would upset the religious public order. Several participants were 
briefly arrested and had their beards shaved before being released.
    The Constitution does not provide specifically for the freedom of 
association; however, the Government generally respected this right in 
practice.

    c. Freedom of Religion.--The Constitution provides for freedom of 
religion; however, the Government restricted this right in practice.
    The Constitution declares that the laws must draw inspiration from 
Islam, but the Constitution does not declare Islam the official 
religion. An overwhelming majority of the population was Sunni Muslim. 
Proselytizing was illegal, and Christians faced intense societal 
pressures. Unlike in previous years, there were no reports that police 
threatened or detained Christians.
    On the island of Anjouan, a ban on dress that appeared Arabic and 
that did no match traditional Comorian dress was sporadically enforced. 
There were some reports that some men's beards were shaved in an 
attempt to prevent radical forms of Islam from taking root on the 
island (see Section 2.b.).
    There were two Roman Catholic churches and one Protestant church; 
however, social pressures restricted the use of these Christian 
churches to noncitizens. Unlike in previous years, there were no 
reports the Government restricted access to churches. The Government 
permitted Christian missionaries to work in local hospitals and schools 
but did not permit them to proselytize.
    Unlike in the previous year, there were no reports that community 
authorities on Anjouan banned Christians from attending any community 
events or banned Christian burials in a local cemetery.
    There was widespread societal discrimination against Christians, 
who faced insults and threats of violence from the larger community. 
Unlike in previous years, there were no reports of mobs harassing 
Christians or forcing them to attend services at mosques.
    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 continued to be reports that persons fled Grande Comore and 
Anjouan for Mayotte; many of these persons reportedly drowned 
attempting to reach Mayotte on rafts or by swimming.
    The Constitution does not prohibit forced exile, but the Government 
did not use forced exile in practice.
    The Constitution does not provide for the granting of asylum or 
refugee status in accordance with the 1951 U.N. Convention Relating to 
the Status of Refugees 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 the Government 
did not routinely grant refugee or asylum status. The Government also 
provided temporary protection to individuals who may not qualify as 
refugees under the 1951 Convention/1967 Protocol and provided it to 
approximately 10 persons from Burundi and Rwanda during the year. The 
Government cooperated with the office of the U.N. High Commissioner for 
Refugees and other humanitarian organizations 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 could freely choose and change the laws 
and officials that govern them.
    National legislative assembly elections were held in April in a 
manner that international observers from the African Union, Arab 
League, Fracphonie, and European Union described as free and fair. Of 
the 33 members of the National Assembly, citizens directly elected 18, 
and the island assemblies appointed the remaining 15. The new National 
Assembly had 26 members from parties aligned with the island 
governments, 6 members aligned with the Union Government, and 1 from an 
independent party.
    The country has been prone to coups and political insurrection 
since its independence in 1975, including an attempted coup in February 
2003 that resulted in the arrest of 12 soldiers and 2 government 
ministers, all of whom were released.
    In 2001, the Constitution, which calls for the reincorporation of 
Anjouan, Grande Comore, and Moheli into a new federation that grants 
the islands greater autonomy, was approved overwhelmingly in a 
referendum described by international observers as free and fair. Each 
of the three islands that constituted the Union has a separate elected 
President. In October, the newly formed National Assembly began work on 
laws that would finalize power-sharing arrangements between the island 
and Union Governments.
    There were no bans in effect on political parties, which continued 
to criticize the Government openly. There were several political 
parties allied either with the Union government or the island 
governments.
    Unlike in previous years, village chiefs and Muslim religious 
leaders no longer dominated local politics. Traditional social, 
religious, and economic institutions significantly affected political 
life.
    During the year, a Malagasy auditing firm examining the country's 
budget found that receipts worth $5 million (approximately 2 billion 
Comorian Francs) by-passed the mechanisms established by the Central 
Bank to share receipts between the island and Union Governments. In 
addition, the auditing firm found major military expenses that did not 
comply with official procedures. No action was taken on either of these 
issues.
    There are no laws providing for public access to government 
information.
    There was one woman in the 33-member National Assembly, and a woman 
was a delegate responsible for human rights matters in the office of 
one of the vice presidents.
    There were no Christians in the Government.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    One domestic and some international nongovernmental organizations 
operated without government restriction, investigating and publishing 
their findings on human rights cases. Government officials were 
cooperative and responsive to their views, and there was no evidence 
that the Government suppressed criticism of its human rights policies.
    During the year, one domestic human rights group was active and 
independent of government control, interference, or influence. In 
August, the group organized a colloquium on human rights and worked 
with UNICEF on child protection programs.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The Constitution prohibits discrimination based on race, sex, 
disability, language, or social status; however, there was 
discrimination against women.

    Women.--During the year, the Government did not take any action to 
combat domestic violence against women, and police and human rights 
groups believed such violence to be rare, although these groups did not 
keep statistics. A woman could seek protection through the courts in 
the case of violence, but the extended family or village elders more 
often addressed such problems.
    Rape is illegal and carries a penalty of between 5 and 10 years' 
imprisonment. The Government did not enforce effectively laws on rape. 
Spousal rape is not addressed specifically in law.
    Prostitution is illegal, and most citizens did not consider it to 
be a problem.
    While a matriarchal tradition afforded women some rights, 
especially in terms of landholding, men retained the dominant role in 
society. Societal discrimination against women was most apparent in 
rural areas where women had farming and childrearing duties and fewer 
opportunities for education and wage employment. The status of women 
improved in the major towns, where growing numbers of women were in the 
labor force and generally earned wages comparable to those of men 
engaged in similar work; however, few women held positions of 
responsibility in business. The Constitution provides for equality of 
persons, and, in general, inheritance and property rights do not 
discriminate against women. For example, the house that the father of 
the bride traditionally must provide to the couple at the time of their 
marriage remained the wife's property in the event of divorce.

    Children.--The Government has not taken any specific action to 
protect or promote children's welfare. Legal provisions that address 
the rights and welfare of children were not enforced because of a lack 
of inspectors.
    Education is compulsory to age 16; however, this requirement was 
not enforced, and priority often was given to boys. According to the 
National Directorate of Education Planning, 73 percent of children aged 
6-11 attended school--66.4 percent of girls and 79.6 percent of boys. 
Among children aged 12-15, 41.9 percent of children attended school--
41.9 percent of girls and 45.1 percent of boys. Among 16 to 18-year-
olds, 28.7 percent of children--25.7 percent of girls and 31.6 percent 
of boys--attended school.
    The Government provided basic medical care free of charge to boys 
and girls equally.
    Child abuse was rare but occurred. There was a judge for children's 
affairs in the Ministry of Justice.
    Child prostitution and child pornography are illegal. The law 
considered unmarried children under the age of 18 as minors, and they 
were protected legally from sexual exploitation, prostitution, and 
pornography.

    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 were no laws that mandate access 
to buildings for persons with disabilities, and there generally was no 
discrimination against persons with disabilities in employment, 
education, access to health care, or in the provision of other state 
services.
Section 6. Worker Rights
    a. The Right of Association.--The law allows workers to form and 
join unions of their choice without previous authorization or excessive 
requirements, and they did so in practice. Approximately 80 percent of 
the population was engaged in farming on small land holdings, 
subsistence fishing, and petty commerce. The wage labor force was less 
than 7,000, including government employees, and less than 2,000 
excluding them. Teachers, civil servants, taxi drivers, and dockworkers 
were unionized. Unions were independent of the Government.
    The Labor Code, which was rarely enforced, does not include a 
system for resolving labor disputes, and it does not prohibit antiunion 
discrimination by employers.

    b. The Right to Organize and Bargain Collectively.--The law 
protects workers from employer interference in their right to organize 
and administer their unions. Unions have the right to bargain 
collectively; however, employers set wages in the small private sector, 
and the Government, especially the Ministries of Finance and Labor, set 
them in the larger public sector.
    The law provides for the right to strike, and workers exercised 
this right in practice. There were no laws protecting strikers from 
retribution, but there were no known instances of retribution.
    There are no export processing zones.

    c. Prohibition of Forced or Compulsory Labor.--The Constitution 
prohibits forced or compulsory labor by adults; however, the Government 
did not prohibit forced or compulsory labor by children, and there were 
reports that such practices occurred (see Section 6.d.).
    Starting in January, the Government did not pay low-level 
government workers for a period of 4 months. Salaries were resumed in 
April, but 4 months' back pay was still owed at year's end. Teachers 
went on strike in October as a result of the owed salaries, but they 
resumed work after 1 week.

    d. Prohibition of Child Labor and Minimum Age for Employment.--The 
Labor Code defines the minimum age for employment as 15, and child 
labor generally was not a problem due to the lack of wage employment 
opportunities. Children usually worked for their families in 
subsistence farming and fishing.
    Some families placed their children in the homes of others where 
they worked long hours in exchange for food or shelter. A 2000 UNICEF 
study found that approximately 15 percent of children were not paid for 
their work.

    e. Acceptable Conditions of Work.--There was no minimum wage. 
During the year, the Government was unable to pay on a regular basis 
many low-level government worker salaries (see Section 6.c.).
    The Labor Code specifies a workweek of 37\1/2\ hours with 1 day off 
per week plus 1 month of paid vacation per year.
    There were no safety or health standards for the very small 
manufacturing sector.
                               __________

                    DEMOCRATIC REPUBLIC OF THE CONGO

    The Democratic Republic of Congo (DRC) is nominally a highly 
centralized republic with extensive powers vested in President Joseph 
Kabila, head of a national Transitional Government, which was formed in 
June 2003 and is composed of former belligerent factions, including 
representatives from the former government, former rebel groups, civil 
society, and the political opposition. President Kabila came to power 
in 2001 after the assassination of his father, Laurent Desire Kabila. 
There have not been free elections since independence in 1960; however, 
the Transitional Constitution, which resulted from political 
negotiations that ended 4 years of war in the country, provides for 
national general elections in 2005. Elections may be delayed for two 6-
month periods with Parliament's approval. Although the law provides for 
a unified, strong central government, in practice the Government 
remained divided and weak. The country remained effectively divided 
into territory under the control of the Government (areas that remained 
under the nominal control of the Kinshasa-based government throughout 
the conflict) and territory under marginal government control (areas 
controlled by various rebel groups during the conflict). The former 
belligerents made some progress integrating key institutions such as 
the army, police, and local administrations; however, different 
components of the Government often acted independently of, or contrary 
to, the interests of other components, which contributed to the 
Government's inability to control many government authorities, even in 
areas under its supposed control. The judiciary was ineffective and 
subject to corruption.
    In areas under government control, security forces consisted of a 
national police force and an immigration service, both under the 
Ministry of Interior; the National Intelligence Agency (ANR) and the 
Special Presidential Security Guard (GSSP), both reporting directly to 
the President; and the Congolese Armed Forces (FARDC), which were 
integrated only at the regional headquarters level by year's end. The 
military's intelligence service, which reports to the President, 
continued to operate. The ANR was responsible for internal and external 
security. The FARDC was responsible for external security, but also had 
domestic security responsibilities. Civilian authorities did not 
maintain effective control of the security forces, and there were 
frequent instances in which elements of the security forces acted 
independently of government authority. In addition, different 
individuals of the same security service effectively had different 
chains of command and often responded to orders from different 
individuals, including former commanders and political leaders whom 
they had followed before the Government was established. Members of the 
security forces were poorly trained, poorly paid, and undisciplined, 
and they committed numerous serious human rights abuses with impunity.
    The economy was dominated by subsistence agriculture, a large 
informal sector, and widespread barter; most sectors of the economy 
remained moribund. The population was estimated to be approximately 60 
million. Although gross domestic product grew by an estimated 8 percent 
and inflation remained below 10 percent, the World Bank estimated that 
80 percent of the population lived on less than a dollar a day. 
Infrastructure was in serious disrepair, financial institutions 
remained weak, and public education and health services continued to 
deteriorate. Widespread corruption had significant adverse effects on 
economic conditions. Although former rebel-controlled areas in the east 
remained largely autonomous and were not completely integrated 
economically with the west, increased cross-country commercial air 
traffic, national cellular phone service, and road and rail 
rehabilitation funded by the international community improved economic 
integration during the year. The prevalence of HIV/AIDS continued to 
place an increasing burden on the country's resources through rising 
healthcare expenditures, absenteeism from work, labor shortages 
resulting from morbidity and mortality, and training of replacement 
labor.
    In areas under government control, the human rights record remained 
poor, and numerous serious abuses occurred. Citizens did not have the 
right to change their government peacefully. Government security forces 
committed unlawful killings, torture, beatings, acts of rape, 
extortion, and other abuses, such as lootings and interference with 
citizens' right to privacy. In general, security forces operated with 
impunity. Conditions in hundreds of prisons and detention facilities 
remained harsh and life threatening. Arbitrary arrest and prolonged 
pretrial detention remained problems. The Government restricted the 
freedom of assembly; it sometimes restricted the freedoms of speech, 
the press, association, and movement. Violence and discrimination 
against women were problems. Female genital mutilation (FGM) persisted 
among isolated populations in the north. Child labor and child 
prostitution remained serious problems. The Government continued to 
have child soldiers in its ranks--although it demobilized children 
during the year--and trafficking in persons remained a problem. 
Discrimination against indigenous Pygmies and certain Tutsis continued. 
The Government did not effectively protect some worker rights.
    In areas under marginal government control, numerous armed groups, 
including some reportedly supported by the governments of Rwanda and 
Uganda, continued to function. With the exception of Ituri-based armed 
groups, which remained effectively outside the FARDC chain of command, 
former belligerents were nominally integrated into the FARDC at the 
national and regional headquarters level. Although the FARDC deployed 
an integrated brigade to Ituri, military integration at the field level 
had not begun by year's end. In particular, a large number of 
reportedly Rwandan-backed Congolese Rally for Democracy-Goma (RCD/G) 
and Mai Mai units did not regularly follow orders from their new 
Kinshasa-appointed commanders. Even in the case of troops who were 
supposedly integrated into the FARDC, many elements retained their 
former loyalties and took orders from the commanders who led them prior 
to the creation of the Government. There continued to be unconfirmed 
reports from multiple credible sources that Rwanda Defense Forces (RDF) 
soldiers were present in the Kivus, and that RDF military advisors 
remained integrated with former RCD/G and Union of Congolese Patriots 
(UPC) forces. However, the Rwandan Government publicly denied 
allegations that RDF troops were operating in the DRC.
    In the Kivus, Maniema, Katanga, and southeastern Orientale, armed 
groups continued to severely harass civilians, and to fight the FARDC 
and each other. Local militia units known as Mai Mai, which operated in 
many rural areas, were generally allied to the FARDC, but FARDC 
commanders did not always maintain control of them. In North Kivu, 
Congolese Hutu and Tutsi local defense forces, some of which were under 
the control of Governor Eugene Serufuli, operated. During the first 
part of the year, there were reports of incursions by two Burundian 
Hutu rebel groups. Rwandan Hutu militia groups, including former Armed 
Forces of Rwanda, Interahamwe, and Democratic Forces for the Liberation 
of Rwanda (FDLR) elements continued to operate in the Kivus and 
northern Katanga. In addition, some ex-RCD/G officers in North and 
South Kivu, led by General Laurent Nkunda, Colonel Jules Mutebusi, and 
other former rebel commanders, attacked FARDC forces and briefly took 
control of Bukavu for several days in June; a U.N. panel of experts 
concluded that the Government of Rwanda supported this revolt. Also in 
June, the U.N. Observer Mission in Congo (MONUC), a U.N. peacekeeping 
force with 16,700 soldiers, deployed the Kivus Brigade.
    In Ituri District of Orientale Province, numerous tribally-based 
armed groups continued to operate: The Lendu and Ngiti-dominated Front 
for the National Integration/Patriotic Force of Resistance in Ituri 
(FNI/FRPI), led by Floribert Njabu; the Hema-dominated UPC, led by 
Thomas Lubanga; the Hema-dominated Party for the Safeguarding of the 
Congo (PUSIC), led by Chief Kawa Mandra; the mixed People's Army of 
Congo (FAPC), led by Jerome Kakwavu; and the Alur and Lugbara-dominated 
Popular Force for Democracy in Congo, led by Thomas Unen Chen. In 
addition, there were numerous loosely affiliated Lendu militia groups. 
In May, representatives of seven armed militia groups from Ituri 
District signed an agreement with the Government to disarm and 
participate in the transitional process toward democracy; however, the 
signatories did not respect the agreement. Unlike previous years, the 
FAPC and Lendu and Hema groups appeared to work together to coordinate 
illegal economic activities and arms trafficking. MONUC's Ituri Brigade 
continued to operate during the year.
    In areas under marginal government control, where there were many 
armed groups, those with weapons controlled the population and extorted 
money, goods, and services. Civilian authorities did not maintain 
effective control over armed groups, which received orders from many 
sources, including local warlords, former commanding officers, civilian 
authorities, and foreign governments. These groups often acted 
independently, were poorly trained, and undisciplined and committed 
numerous, serious human rights abuses with impunity.
    The human rights record in areas under marginal government control 
remained extremely poor, and armed groups continued to commit numerous, 
serious abuses, particularly in North and South Kivu, Maniema, northern 
Katanga, and Ituri District in Orientale Province. Political freedom 
increased slightly during the year. Armed groups committed numerous, 
serious abuses with impunity against civilians, including deliberate 
large-scale killings, the burning of villages, kidnappings, torture, 
rape, cannibalism, mutilation, looting, and extortion. Prison 
conditions, particularly in underground prisons, were life threatening. 
Arbitrary arrest and detention continued to be problems. Armed groups 
severely restricted freedoms of speech, the press, assembly, and 
movement. Respect for religious freedom improved. Fighting in the Kivus 
and Ituri District of Orientale Province continued to result in large 
numbers of internally displaced persons (IDPs). Armed groups attacked 
local and international nongovernmental organizations (NGOs) and killed 
MONUC peacekeepers. Rape, violence against women and girls, and forced 
labor, including sexual slavery, were severe problems. Child labor, 
including the forced recruitment and use of child soldiers, was a 
serious problem. Trafficking remained a problem. Discrimination 
continued against indigenous Pygmies and Congolese Tutsis from South 
Kivu, known as Banyamulenge.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Arbitrary or Unlawful Deprivation of Life.--In areas under 
government control, there were unconfirmed reports of a politically 
motivated killing by a member of the security forces, and security 
forces committed other unlawful killings with impunity. There were 
unconfirmed reports that security forces killed individuals in their 
custody.
    On October 29, a GSSP soldier in Lubumbashi shot and killed the 
driver of Rashidi Akida, the president of the League Against Corruption 
and Fraud. Local sources reported that the driver was killed because 
the soldier thought he was Akida.
    There was one report that a person died as a result of torture by 
security forces. On June 29, a Congolese deserter belonging to the 
Banyamulenge ethnic group turned himself in to the FARDC military 
headquarters in Bukavu. He was reportedly tortured to death during 
questioning. There were no actions taken against those reportedly 
responsible for the killing.
    In late August, the Rapid Intervention Police in Buta, north of 
Kisangani in Orientale Province, severely beat a man while arresting 
him in connection with a marital dispute. He died the next day of his 
injuries. By year's end, there was no known action taken against the 
perpetrators.
    The use of excessive force by security forces while dispersing 
demonstrations resulted in deaths (see Section 2.b.).
    During the year, there were many reports that soldiers killed 
civilians while attempting to steal from them. For example, in April, 
19 FARDC soldiers reportedly killed a woman in Kananga after breaking 
into her house and demanding money.
    On October 5, the High Military Court convicted Col. Charles Alamba 
and several others of murder, mutilation, and extortion and sentenced 
them to death in connection with the September 2003 murder of Steve 
Nyembo, a senior official in the Department of Taxation. Alamba, former 
prosecutor of the disbanded Military Order Court (COM), was widely 
believed to be behind numerous political killings over the past several 
years. With the exception of the Nyembo case, there reportedly was no 
action taken against members of the security forces responsible for 
numerous killings in 2003 or 2002.
    Local sources reported that on February 11, guards working for 
MIBA-PN, a parastatal mining company, killed six artisanal diamond 
miners and seriously injured two others in Eastern Kasai. By year's 
end, there were no reports that any action had been taken against those 
reportedly responsible for the killings. In addition, between October 
and the end of the year, at least 10 persons died from mine collapses 
after police and military personnel forced them to dig for diamonds in 
dangerous mining shafts near Tshikapa, Western Kasai.
    No action was taken against local security guards who reportedly 
blocked miners from escaping from a collapsed mine in 2003.
    During the first half of the year, unidentified armed men in 
uniform attacked vehicles traveling at night on the Kinshasa-Matadi 
road and killed and injured several persons. There were also reports 
that unidentified armed men in uniform attacked vehicles traveling at 
night in certain parts of Lubumbashi.
    There were weekly reports of unidentified armed men in uniform 
forcibly entering personal residences in Kinshasa at night to harass 
civilians, loot personal belongings, and kill persons involved in 
personal feuds. There were no reports of any action taken against these 
men.
    No action was taken against uniformed men who killed Reverend Don 
Kavenadiambuku in Kavuaya, Bas Congo, in 2003.
    In late September, mobs killed at least 20 street children in Mbuji 
Mayi, with the complicity of security forces (see Section 5).
    U.N. peacekeepers killed demonstrators during the year (see Section 
2.b.).
    In areas under marginal government control, there were credible 
reports that between July 2003 and March, the local head of the 
national police and the local UPC commander in Boga, Ituri District 
killed nine persons, some by summary execution and some by torture.
    In January, authorities placed two civilians in front of freshly 
dug graves and bludgeoned them to death with hammers at a military 
prison in Beni, North Kivu. No additional information was available.
    No action was taken against members of armed groups who executed 
persons in 2003.
    Police that operated in RCD/G-controlled territory, as well as ex-
RCD/G soldiers, used excessive force against demonstrators, which 
resulted in deaths (see Section 2.b.).
    During the year, FARDC forces killed an unknown number of civilians 
in the east while fighting armed groups (see Section 1.g.).
    Government forces and armed groups targeted civilians on the basis 
of ethnicity for extra-judicial killings, rape, looting, and arrest. 
For example, during the seizure of Bukavu by ex(RCD/G combatants in 
late May and early June, the ex(RCD/G forces targeted non-Tutsis for 
attack, and the FARDC in turn targeted Congolese Tutsis when it 
reoccupied the city in June (see Section 1.g.).
    During the year, the Government supported Mai Mai groups, who 
sometimes worked with Rwandan Hutu militia groups believed to be 
responsible for killing civilians (see Section 1.g.).
    Armed groups committed numerous abuses, including summary 
executions, civilian massacres, acts of cannibalism, torture, looting 
and burning of houses, attacks on civilian areas, the forcible 
recruitment and use of child soldiers, and rape. Fighting between armed 
groups displaced thousands of civilians and resulted in hundreds of 
civilian deaths (see Section 1.g.).
    During October and November, unidentified gunmen killed at least 15 
persons, including a senior military intelligence officer, in Goma.
    In December, MONUC peacekeepers found a grave containing numerous 
bodies in Ndrele, 12 miles from the Ugandan border. The FAPC, a 
tribally based armed group, allegedly killed these individuals. 
Peacekeepers also found an underground jail in a Ndrele torture camp. 
According to the British Broadcasting Corporation, MONUC peacekeepers 
launched an attack to gain access to Ndrele after the FAPC denied them 
access. Although the FAPC denied it, a MONUC spokesperson said Ndrele 
FAPC members committed serious human rights abuses, including killings, 
during the year.
    There were numerous high profile killings by unknown actors in 
Ituri District and Goma, North Kivu, and no known action was taken 
against those responsible. For example, in November, unidentified 
gunmen shot and killed the Lendu director of the national electric 
company in Bunia, Vincent Bemba. Bemba was the first name on a list of 
respected Lendus selected to be killed that started to circulate in 
Bunia the day after he was killed. Numerous Lendus left Bunia, and the 
prosecutor investigating the case received anonymous death threats. 
There were numerous credible reports that UPC militia members shot 
Bemba and circulated the list.
    There were unconfirmed reports that civilians killed and beat men 
in uniform for committing serious human rights abuses in North and 
South Kivu, Orientale, and Equateur Provinces.

    b. Disappearance.--There were no confirmed reports of politically 
motivated disappearances; however, by year's end, the whereabouts of an 
unknown number of civilians and soldiers who were detained early in the 
year in connection with alleged coup plots remained unknown. Fourteen 
prisoners who disappeared from a military intelligence detention center 
in February 2003 were still unaccounted for.
    In areas under marginal government control, there were numerous 
cases of disappearances and kidnappings (see Section 1.g.).
    Various armed groups abducted women and children from the villages 
they raided to perform labor, military services, and sexual services 
(see Sections 1.g. and 6.c.). Many of the victims have since 
disappeared.
    There were no developments in any of the numerous cases of 
disappearance in 2003 and 2002, and no action had been taken against 
the perpetrators.

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The law prohibits torture; however, in areas under 
government control, security forces and prison officials often beat and 
tortured detainees and prisoners. There were also unconfirmed reports 
that members of the security services tortured or abused civilians to 
settle personal disputes for themselves or other government officials.
    During the year, security officials at the Lubumbashi central 
prison tied detainees to train tracks and whipped them in order to 
secure confessions.
    Unlike in the previous year, there were no confirmed reports that 
security forces beat journalists.
    There was no known action taken against members of the security 
forces responsible for torture or abuse in 2003 and 2002.
    Members of the security services employed cruel, inhuman, and 
degrading punishment. For example, on the night of August 3, security 
agents arrested seven church members in Dekese, Eastern Kasai. The men 
were taken from their homes with their hands tied tightly behind their 
backs, beaten, and paraded in the center of the village. At least one 
man was forced to discard his own waste while his hands were still 
tied. On August 4, the men were freed after family members borrowed 
money to pay for their release and goods confiscated by agents during 
the arrest.
    During the year, security forces used excessive force to disperse 
demonstrations (see Section 2.b.).
    Members of the security forces raped civilians (see Section 1.g.).
    Soldiers and police harassed and killed street children in 
Kinshasa, and mobs killed street children in Mbuji Mayi (see Sections 
1.a. and 5).
    In areas under marginal government control, armed groups tortured, 
raped, and otherwise physically abused numerous persons during the 
year; armed groups beat and abused journalists, community leaders, and 
human rights advocates while arresting or detaining them (see Sections 
1.g., 2.a., and 4).
    Armed groups kidnapped, raped, and tortured numerous women (see 
Sections 1.g. and 5).
    Former RCD/G officers violently dispersed demonstrations (see 
Section 2.b.).
    No known action was taken against members of the RCD/G responsible 
for torture, beatings, or cruel, inhumane, or degrading treatment or 
punishment in 2003 or 2002, or members of the RDF responsible for cases 
of torture, beatings, and rape in 2002.
    Conditions in most large, central prisons were harsh and life 
threatening. The penal system continued to suffer from severe shortages 
of funds and trained personnel. Most prisons were in a poor state of 
repair, lacked sanitation facilities, or were not designed to detain 
persons. Makala remained overcrowded. Health care and medical attention 
remained inadequate, and infectious diseases, including tuberculosis, 
were a problem. In some cases, prison doctors were available; however, 
they lacked medicines and supplies. MONUC's April prison report found 
that ``grave deficiencies in terms of food, hygiene, and medical care 
make certain prisons virtual deathtraps. It is not an exaggeration to 
say that in certain places, being condemned by a court for a minor 
infraction for 12 months to 5 years is almost a death sentence.''
    Government-provided food remained inadequate, malnutrition was 
widespread, and MONUC reported in a Special Report on Malnutrition in 
Prisons that from March to early December, 34 detainees starved to 
death at the Mbuji Mayi prison, including 11 in November. In several 
areas, the Government has not provided food for years, and prisoners 
continued to receive an estimated two meals a week from NGOs, religious 
groups, and families. In general, prisoners' family and friends were 
able to provide food and other necessities; however, local NGOs 
reported that authorities sometimes moved prisoners without telling the 
families where they were sent. Family members were often forced to pay 
bribes to bring food to prisoners.
    Unlike in the previous year, there were no confirmed reports of 
hunger strikes.
    Conditions in smaller legal and illegal detention facilities were 
harsher than in larger prisons, and an unknown number of persons died. 
These facilities were overcrowded and generally intended for short-term 
pretrial detentions; however, in practice they were often used for 
lengthy detentions. Authorities often arbitrarily beat or tortured 
detainees. There usually were no toilets, mattresses, or medical care, 
and inmates often received insufficient amounts of light, air, and 
water. Such detention centers generally operated without a budget and 
with minimal regulation or oversight. Local prison authorities or 
influential individuals frequently barred visitors or severely 
mistreated particular detainees. Prison guards frequently required 
bribes from family members and NGOs to visit or provide detainees with 
food and other necessities.
    The security services, particularly the ANR, military intelligence, 
and the GSSP, continued to operate numerous illegal detention 
facilities. Conditions in these facilities were extremely harsh and 
life threatening. Detainees were regularly abused, beaten, and 
tortured. Facilities lacked adequate food and water, toilets, 
mattresses, and medical care, and authorities routinely denied access 
to family members, friends, and lawyers.
    MONUC's April prison report cited the excessive use and abuse of 
preventive detention, the regular detention of military personnel in 
civilian facilities, disorganization (there were no prison registers), 
lack of detention centers, and unusually long sentences as major 
contributing factors to extreme overcrowding.
    An unknown number of persons died in prison due to mistreatment and 
neglect during the year (see Section 1.a.).
    Women and juveniles sometimes were detained separately from men in 
larger prisons but were not separated in other detention facilities. 
There were numerous credible reports that male prisoners raped other 
prisoners, including men, women and children. For example, the U.N. 
Special Rapporteur for Human Rights reported that two men raped a 14-
year-old girl detained in the same cell in Bafwasende, Orientale. 
Pretrial detainees were not separated from convicted prisoners, and 
they were often treated the same. Prisoners detained for state security 
reasons were generally held by the security services or in special 
sections of prisons. Soldiers and civilians were both detained in 
civilian and military prisons and detention facilities. There continued 
to be sections of prisons and detention facilities where wealthy 
prisoners paid for special privileges and received better treatment.
    The Government allowed the International Committee of the Red Cross 
(ICRC) and many NGOs access to all official detention facilities; 
however, the ICRC and other NGOs did not have access to illegal 
detention facilities maintained by security forces.
    Prison conditions in areas under marginal government control were 
extremely harsh and life-threatening. Most detention facilities were 
not designed as jails. Detainees often were kept in overcrowded rooms 
with little or no light or ventilation and sometimes were detained in 
small pits dug by various armed groups. Detainees typically slept in 
small, overcrowded cells on cement or dirt floors without bedding and 
had no access to sanitation, potable water, toilets, or adequate 
medical care. Infectious diseases were widespread. Detainees were 
provided very little food, and guards demanded bribes to allow family 
members or friends to bring food to prisoners. Prisoners frequently 
were subjected to torture, beatings, and other abuse with no medical 
attention.
    On December 7, a man who had been in preventive detention since 
March at the Goma central prison died after not receiving food for 14 
days.
    Armed groups detained persons in underground prisons at military 
installations in Orientale (including Ituri), the Kivus, Maniema, and 
Equateur. MONUC's prison report stated that, in 2003, the worst prison 
conditions were found in prisons run by RCD/G soldiers (former members 
of the armed group National Army of Congo, or ANC), Mai Mai, UPC, Party 
for the Safeguarding of the Congo (PUSIC), and the Movement for the 
Liberation of Congo (MLC). There were reports that in 2003, several 
camps in North Kivu belonging to the Beni-Butembo-based Congolese Rally 
for Democracy (RCD/ML) operated illegal detention centers where 
prisoners were summarily executed and tortured.
    In areas under marginal government control, there continued to be 
reports that armed groups and the FARDC detained persons in metal 
freight containers or in the private residences of military commanders. 
For example, in June, the FARDC detained Banyamulenge students in a 
freight container in Bukavu (see Section 1.g.).
    MONUC human rights and child protection officers, accompanied by 
MONUC military escorts, sometimes were allowed access to prisons in 
areas under marginal government control.

    d. Arbitrary Arrest or Detention.--The law prohibits arbitrary 
arrest and detention; however, in areas under government control, 
security forces arbitrarily arrested and detained persons, including 
journalists (see Section 2.a.).
    By year's end, the national police force remained only partially 
integrated into the national command structure. National police handled 
basic criminal cases and traffic patrol. The Rapid Intervention Police 
was generally responsible for crowd control. Although the Government 
worked with MONUC and members of the international community to train 
police, police forces generally remained ineffective and corrupt. 
During the year, members of the police, military, and security forces 
attacked, detained, robbed, and extorted money from civilians. For 
example, a police officer stole money and a cellular phone from a 
foreign journalist riding in a taxibus and then forced the journalist 
out of the vehicle several miles from his intended destination in 
Kinshasa. In October, soldiers forced a family in Kinshasa to pay them 
$25 to release an 8-year-old girl who was detained for several hours 
for wearing pants with ``illegal'' military-style pockets that had been 
banned by authorities. Police failed to respond to domestic and 
societal violence, regularly detained street children, and in October 
detained and harassed women for wearing tight jeans (see Section 5). 
The Government prosecuted and disciplined some abusers; however, the 
vast majority acted with impunity.
    Under the law, certain police officers and senior officers of the 
security forces are empowered to authorize arrests, and detainees must 
be brought within 48 hours before a magistrate. Warrants are required 
only for offenses punishable by less than 6 months' imprisonment. In 
practice, these provisions were violated routinely. For example, in 
April, the U.N. High Commission for Human Rights found that one-third 
of prisoners in detention centers were illegally detained, and that a 
large number of judicial police ignored detention procedures.
    Police often arbitrarily arrested and detained persons without 
filing charges, often to extort money from family members. When 
authorities did press charges, the claims were rarely filed in a timely 
manner and were often contrived or overly vague. Security forces 
regularly held alleged suspects for varying periods of time before 
acknowledging that they were in custody or allowing the detainees to 
have contact with family or legal counsel.
    Police arrested persons during the year for criticizing the 
Government (see Section 2.a.).
    Security forces used the pretext of state security to arbitrarily 
arrest individuals. Individuals arrested and detained in the name of 
state security frequently were held without legal charge, presentation 
of evidence, access to a lawyer, or due process. For example, during 
the year, local NGOs reported that an unknown number of individuals 
were detained in connection with alleged coup plots.
    In late October, government agents arrested and detained for 9 days 
Christian Mwando, chairman of a Katangan opposition political party, 
for ``possible involvement'' in the capture of Kilwa by unidentified 
rebel forces (see Section 1.g.).
    On June 15, journalist Bamporiki Chamira and members of his family 
were released from prison after a 15-month detention for ``direct or 
indirect involvement in a plot aimed at eliminating President Joseph 
Kabila.''
    Justin Nindaga, who was arrested in 2002, was released in 2003.
    Pretrial detention was very frequently prolonged. Human rights NGOs 
reported that fewer than 20 percent of the inmates at the Kinshasa 
Penitentiary and Reeducation Center (CPRK) had been charged or 
sentenced. According to MONUC's April prison report, only approximately 
20 percent of the country's total prison population had been brought to 
trial and convicted of committing a crime.
    Prisoners were often held in detention after their sentences had 
expired; these extended detentions were due to disorganization, 
judicial inefficiency, and corruption. In a few instances, when such 
cases were brought to the attention of the Government, prisoners were 
released.
    There were some political detainees during the year.
    In areas under marginal government control, armed groups were 
responsible for a regular pattern of arbitrary arrest and detention. 
Although armed groups frequently arrested, charged, detained, and tried 
persons, they operated outside of the Government's criminal justice 
system.
    From October to December, government forces in South Kivu 
arbitrarily detained Congolese Tutsis attempting to return from Rwanda, 
where they had sought refuge in early June. They were released the next 
day.
    There were no reported developments in any of the 2003 or 2002 
cases of arbitrary arrest and detention by armed groups.
    There reportedly were some political detainees; however, no 
reliable information was available.

    e. Denial of Fair Public Trial.--The law provides for an 
independent judiciary; however, in practice, the judiciary continued to 
be ineffective, subject to government influence, and corrupt. The 
civilian judicial system, including lower courts, appellate courts, the 
Supreme Court, and the Court of State Security, continued to be largely 
dysfunctional, and the rule of law was not generally respected. 
Although courts are required to file charges within 48 hours of arrest, 
they generally did not, and long delays occurred. Corruption remained 
pervasive, particularly among magistrates, who were paid very poorly 
and only intermittently and there were credible reports that judges 
regularly prolonged trials unduly as a form of blackmail and a means of 
soliciting bribes. The system remained hobbled by a strike by 
magistrates and judges that lasted several months, major shortages of 
personnel and supplies (including copies of the legal code), and poor 
infrastructure.
    Civil and criminal codes are based on Belgian and customary law. 
The legal code provides for the right to a speedy public trial, the 
presumption of innocence, and legal counsel; however, these rights were 
not respected in practice. Defendants have the right to appeal in most 
cases; however, defendants do not have the right to appeal those cases 
involving national security, armed robbery, and smuggling, which 
generally are adjudicated by the Court of State Security, except those 
cases adjudicated by the special military tribunals, whose jurisdiction 
is ill-defined. The law provides for court-appointed counsel at state 
expense in capital cases in all proceedings before the Supreme Court, 
and in other cases when requested by the court. In practice, the 
Government did not respect these provisions.
    Military courts, headed by a military judge, tried military and 
civilian defendants. The military courts have no appeal process. The 
Government permitted, and in some cases provided, legal counsel; 
however, lawyers sometimes were not granted free access to defendants. 
In practice, military courts had broad discretion in terms of 
sentencing. In many cases, trials were open to the public at the 
discretion of the military judge.
    On April 20, 71 persons condemned by military courts were 
conditionally released from the CPRK.
    There were no reports of political prisoners.
    In areas under marginal government control, corruption remained 
rampant, and judges and other public servants were paid poorly and 
intermittently; however, the justice system in these areas improved 
from previous years. In January, the Government sent magistrates and 
judges to Bunia, and courts began to operate there for the first time 
since 1998.

    f. Arbitrary Interference with Privacy, Family, Home, or 
Correspondence.--The law prohibits such actions; however, in areas 
under government control, members of the security forces routinely 
ignored these provisions in practice. Members of security forces and 
deserters from the army and police continued to harass and rob 
citizens. Security forces routinely ignored legal requirements for 
search warrants and entered and searched homes or vehicles at will. 
During the year, soldiers regularly occupied civilians' residences. In 
general, those responsible for these acts remained unidentified and 
unpunished.
    Police often looted the homes and vehicles of the persons they 
arrested; occupants frequently were beaten and abused.
    ANR security agents monitored mail passing through private express 
delivery companies and the very limited state mail service. The 
Government was believed to monitor some telephone communications.
    Throughout the country, there were credible reports that, when 
unable to locate a specific individual, authorities sometimes arrested 
or beat the closest family member. For example, in early January a man 
was arrested in Kindu, Maniema Province in the place of his brother, 
who was wanted for personal debts, to collect a ``commission'' on the 
recovered debt.
    In areas under marginal government control, armed groups routinely 
subjected civilians to arbitrary interference with privacy, family, 
home, and correspondence (see Section 1.g.). In late May, dissident 
RCD/G soldiers in Bukavu conducted house-to-house searches of non-Tutsi 
residents and looted them, raped women, and beat those who resisted. 
All armed groups and government forces looted homes, seized livestock, 
and extorted money by charging irregular fees, such as bicycle transit 
taxes in North Kivu, river tolls in Orientale Province, and protection 
surcharges in South Kivu.
    During the year, there were numerous credible reports, including 
one by the U.N. Group of Experts, that ex-RCD/G combatants from the 
DRC, with the aid of local Congolese and Rwandan officials recruited 
for military training, sometimes forcibly, demobilized Rwandan and DRC 
soldiers and refugees from the DRC (see Section 2.d.).
    Armed groups continued to recruit children from the areas in which 
they operated (see Section 5).

    g. Use of Excessive Force and Violations of Humanitarian Law in 
Internal and External Conflicts.--The Transitional Government was 
officially established in July 2003, following political negotiations 
in 2002 that ended the 4-year civil war. By mid-2003, all foreign 
troops had formally withdrawn from the country. However, the 
Governments of Rwanda and Uganda reportedly continued to support armed 
groups operating in the country, and there continued to be unconfirmed 
reports from multiple credible sources that Rwandan soldiers and 
officers were at times present in the country.
    In areas under government control, there was limited fighting 
between government forces and armed groups. There were a few reports 
that government forces violated humanitarian law in areas under 
government control. For example, in mid-October, the FARDC looted the 
town of Kilwa, near the country's Zambian border, and killed more than 
70 civilians, of whom almost 30 may have been summarily executed. The 
FARDC killed an unknown number of civilians for allegedly collaborating 
with rebels who had seized the town days before. After the FARDC's 
reentry into Kilwa, dozens of persons were arrested. By year's end, 10 
persons were still being detained without charge at the Kasapa prison 
in Lubumbashi. No action was taken against the soldiers responsible for 
the reported killings.
    No known action was taken against government troops or government-
supported Mai Mai troops who committed abuses against civilians in 2003 
or 2002.
    In areas under marginal government control, armed groups committed 
numerous abuses, including civilian massacres, the looting and burning 
of houses, the forcible recruitment of child soldiers, and the rape of 
women and girls (see Section 5). FARDC forces were also responsible for 
serious abuses. At times, verification of these reports was difficult, 
due to geographical remoteness, hazardous security conditions, and 
impediments imposed by local authorities (see Section 2.d.); however, 
MONUC's presence allowed observers to gather more information than 
would have otherwise been possible, and, according to local NGOs, 
helped decrease human rights violations by armed groups during the 
year.
    There were numerous credible reports, including one by the U.N. 
Group of Experts, that the Government of Rwanda continued to provide 
material support, including weapons and military advisors, to ex-RCD/G 
combatants following former commanders such as General Nkunda and 
Colonel Mutebusi in the Kivus and UPC forces in Ituri. There were 
credible reports that the Government of Uganda provided material 
support to armed groups operating in Ituri.
    There were numerous credible reports that armed groups burned and 
destroyed entire villages, frequently killing, abducting, torturing, or 
raping some of the inhabitants, especially in rural areas of North and 
South Kivu Provinces, Maniema Province, northern Katanga Province, and 
Ituri District of Orientale Province. Large numbers of civilians were 
displaced (see Section 2.d.). Disputes between FARDC, ex-RCD/G 
combatants following former commanders such as General Nkunda and 
Colonel Mutebusi, and various armed groups had dire consequences for 
civilian populations, who continued to be subject to abuse due to 
shifting alliances. They were regularly punished for allegedly 
supporting the other group, and they were killed, raped, displaced, 
looted, forced to pay ``security premiums,'' and at risk of abduction. 
In Ituri, MONUC reported that other ethnic groups besides the Hema and 
Lendu were ``forced to take sides and/or were attacked by both parties 
who accused them of sheltering the enemy.''
    There have been no known credible attempts by armed groups to 
investigate incidents that occurred since 2002 in which their troops 
allegedly committed numerous human rights violations, including 
killings, rapes, looting, and other abuses in areas under their 
control. However, between late August and year's end, courts tried 28 
FARDC soldiers for serious human rights violations, including crimes 
against humanity in connection with the 2002 Ankoro massacre in 
northern Katanga. The accused were acquitted or lightly punished. 
However, the judge awarded significant damages to the victims.
    In February, credible sources reported that FARDC elements executed 
three civilians in Kitenge for supporting Chinja Chinja's Mai Mai, who 
had reportedly killed and mutilated seven FARDC soldiers on February 7. 
In addition, in June, local sources reported that FARDC soldiers burned 
alive eight individuals accused of being Mai Mai supporters.
    MONUC documented that between March and May, FARDC forces, Mai Mai, 
and the Popular Self-Defense Forces, a local defense force, killed 
approximately 80 persons and committed widespread rape, looting, and 
abduction in northwestern Katanga.
    In late May and early June, ex-RCD/G combatants, led by former 
commanders such as General Nkunda and Colonel Mutebusi, and FARDC 
forces under South Kivu Military Commander General Mbuza Mabe committed 
numerous serious human rights violations in and around Bukavu. On May 
26, fighting broke out between South Kivu Military Commander General 
Mabe and his suspended deputy commander, Mutebusi. Over the next 2 
days, Mabe's troops targeted and killed Banyamulenge (Tutsis from South 
Kivu), in apparent reprisal for the killing of one of Mabe's soldiers. 
Ex-RCD/G forces under General Nkunda took control of Bukavu, ostensibly 
to prevent what Nkunda said was a genocide, although MONUC and numerous 
other national and international observers--in addition to Nkunda 
himself--acknowledged afterward that no genocide had taken place. More 
than 100 civilians were killed and many rapes were committed.
    According to Human Rights Watch (HRW), between May 26 and May 28, 
FARDC soldiers under Mabe killed at least 15 civilians, mostly 
Banyamulenge in and around Bukavu. Although some witnesses reported 
that most of the victims were suspected soldiers, including several 
small groups of young men who were captured and executed; among the 
victims were also many women and children. On May 27, FARDC soldiers 
loyal to Mabe reportedly beat 6 Banyamulenge students to death and 
threw their bodies into a shallow grave, shot and killed 2 boys at a 
public intersection, and opened fire on 50 Banyamulenge who had been 
forced out of hiding and brought to the center of town allegedly for 
their safety. Mabe's soldiers also detained an unknown number of 
persons in a container located at a central intersection and raped an 
unknown number of women. There were reports that non-Banyamulenge 
civilians protected Banyamulenge. Almost 3,000 civilians, most of them 
Banyamulenge, fled to Rwanda. Some refugees were injured when they 
crossed into Rwanda, but there were conflicting reports as to the types 
of injuries.
    Between late May and June 2, while en route from Goma to Bukavu, 
ex-RCD/G combatants led by former commanders such as General Nkunda and 
Colonel Mutebusi killed one unarmed MONUC military observer and injured 
another; displaced several thousand persons; attacked and looted 
villages; and killed and raped an unknown number of civilians. MONUC 
reported that Nkunda's and Mutebusi's troops deliberately killed at 
least nine civilians while they controlled Bukavu between June 2 and 
June 5. In Bukavu, ex-RCD/G combatants went from house to house and 
systematically raped non-Banyamulenge inhabitants and looted their 
homes (see Section 5). Nkunda's and Mutebusi's troops also burned down 
the central market, stole an unknown amount of money from the central 
bank, closed local radio stations, and threatened to kill local 
journalists (see Section 2.a.).
    Local NGOs reported that in 2003 and during the early part of the 
year, Mai Mai groups led by Chinja Chinja ``Throat Cutter'' Gedeon, and 
Chief Makabe operating in Katanga killed large numbers of civilians, 
committed acts of cannibalism and dismemberment, burned villages, 
forcibly recruited child soldiers, and abducted women for use as sexual 
slaves.
    In early February, Chinja Chinja's Mai Mai group killed at least 30 
civilians in the area of Kitenge, Katanga, 435 miles north of 
Lubumbashi. These Mai Mai regularly took parts of victims' bodies--
including genitalia, lungs, fingers, and tongues--to either eat or use 
as amulets to reinforce magical powers.
    During the year, there were reports that the FNI and other Lendu 
groups in Ituri District used cannibalism, fetishes, and mutilation to 
intimidate their opponents and in accordance with a belief that they 
would improve their fighting capabilities. These groups were 
responsible for numerous abuses.
    On January 15, the FNI attacked a convoy of 5 boats on Lake Albert 
and killed approximately 100 persons. The boats were diverted to Gobu, 
Djugu territory, where the attackers separated out the men and shot and 
killed all of them. They also raped at least two women and forced the 
women and children to carry the passengers' belongings into the forest 
for the attackers. The same group allegedly abducted civilians on two 
other occasions in January.
    During the year, the FNI and FRPI abducted more than 100 civilians, 
mostly fishermen, in the area of Lake Albert and held them in forced 
labor camps. In June and July, credible sources reported that the FNI 
and FRPI killed 48 Hema/Gegere abductees in 6 separate incidents, often 
after mutilating them. During mid-year, the Bunia Prosecutor 
interviewed several persons in connection with the case.
    During the year, MONUC reportedly dismantled UPC forced labor camps 
near the Lake Albert region of Ituri, freeing as many as 1500 persons. 
In addition, at the end of the year, MONUC closed a labor camp in Djugu 
territory. At year's end, no additional information was available.
    On October 12, HRW reported that FAPC combatants arrested 30 
civilians from Kaliko, Ituri in October, in connection with the death 
of 2 FAPC soldiers. The civilians were taken to Ariwara and detained in 
an underground prison where they were beaten with large wooden sticks. 
Two were executed, 4 died from injuries, and the others were released 
on October 14 after a local chief paid their ransom.
    During the year, ex-ANC groups also committed serious abuses. In 
mid-March, ex-ANC combatants killed approximately 40 civilians, raped 
at least 2 women, and burned 150 houses in Lukweti, 80 miles north of 
Goma, North Kivu). Villagers reported they were attacked for allowing 
Rwandan Hutu militia members to cross the Lukweti bridge to attack 
villages under the ex-ANC's control.
    On December 17, ex-ANC combatants killed at least 30 civilians, 
including women and children, in the town of Buramba, north of Goma. 
The combatants, who effectively mutinied against government authority 
and fought against FARDC forces loyal to the government, reportedly 
committed the killings as retribution against persons they perceived to 
be Mai Mai supporters. Earlier that same day, FARDC soldiers formerly 
belonging to Mai Mai militias had killed three ex-ANC soldiers.
    On December 18 and 19, ex-ANC combatants killed more than 50 
civilians with machetes and bayonets in and around Nyabiondo, northeast 
of Goma.
    During the year, MONUC and the Government arrested members of Ituri 
armed groups accused of committing grave human rights violations over 
the past several years. By October, more than 50 were in government 
custody awaiting trial. However, in November, Hema prison guards helped 
31 prisoners (Hema UPC members) to escape.
    Based on investigations conducted in 2003 by MONUC and other human 
rights organizations in Ituri, during 2002 and 2003, it was estimated 
that all armed groups based in Ituri and several non-Ituri-based 
groups, including the MLC, RCD, RCD-ML, and RCD-N, killed at least 
8,000 civilians, sometimes deliberately and sometimes through the 
indiscriminate use of excessive force, and more than 600,000 civilians 
were forced to flee their homes. These abuses were carried out with 
total impunity.
    In July, MONUC reported that various groups had committed several 
massacres in mid-2003. The FNI killed at least 136 civilians, mostly 
Hema, in Katoto, 15 miles north of Bunia. Ngiti combatants killed at 
least 96 civilians and abducted at least 34 in Kasenyi, on Lake Albert. 
One of the abductees reported that six abducted persons were executed 
by machete when they could not continue to walk. Lendu militias killed 
at least 55 civilians and abducted 60, mostly Alur, from Nioka in 
Mahagi territory in Ituri District. According to Floribert Ndjabu, the 
FNI leader at the time, an FNI combatant named Lego and 20 of his men 
attacked Nioka without the FNI's permission and were subsequently 
executed.
    In early December, civilians in Luma, near Lake Albert in Ituri 
District, killed 2 FNI milita members attempting to rob a house. In 
retaliation, the FNI killed 3 civilians and abducted 7 women. By year's 
end, one 14-year-old girl was still being held as a sexual slave.
    Unknown persons were also responsible for numerous abuses. For 
example, on September 19, at least 300 persons--including civilians 
from the Ngiti village of Medu--attacked the Bira village of Lengabo 
with machetes and submachine guns. They killed approximately 15 
persons, mostly women and children, including a baby, and burned 90 
houses. MONUC immediately sent 150 peacekeepers to secure the area and 
helped the national police arrest approximately 20 persons suspected of 
involvement. At year's end, none of the suspects had been tried.
    During the year, there were credible reports that foreign rebels 
killed civilians. For example, in January, Burundian National 
Liberation Force (FNL) soldiers killed seven persons and injured nine 
when they attacked a truck near Uvira.
    In January, there were reports that FDLR units killed 10 persons, 
including 2 pregnant women whose bellies were slashed open. The units 
also abducted an unknown number of persons in villages between Hombo 
and Bunyakiri. In early March, hard-line FDLR members known as 
``Rastas'' killed 14 persons while raiding Mushwere in Walungu, south 
of Bukavu.
    On August 13, the FNL, likely working with other unidentified 
elements, massacred at least 152 Congolese Tutsi refugees from South 
Kivu, known as Banyamulenge, and injured more than 100 at a UNCHR 
transit camp in Gatumba, Burundi. The refugees were targeted because of 
their ethnicity. According to preliminary findings of a U.N. 
investigation, evidence suggested that some of the attackers spoke 
Congolese languages and may have come from the DRC.
    In late November, there were unconfirmed but persistent reports 
that RDF troops killed 13 civilians, destroyed 4 villages, and 
kidnapped 30 civilians in Walikale, North Kivu.
    The use of mass rape and sexual violence as weapons of war 
continued, and armed groups and the FARDC raped women with impunity 
(see Section 5). In areas under government control, there were reports 
that security forces raped women during the year. In April, MONUC 
reported that in December 2003, MLC troops belonging to the FARDC 
battalion in Nsongo Mboyo and Bogandanga, central Equateur, gang-raped 
approximately 120 women and girls and looted every household in the 2 
towns. In May, the Human Rights Ministry and a military prosecutor 
visited the towns. The prosecutor subsequently opened an inquiry and 
recorded 119 accusations of rape and 86 accusations of looting. At 
year's end, no further action had been taken.
    According to Amnesty International (AI), over the course of the war 
``tens of thousands of girls have been victims of systematic rape and 
sexual assault committed by combatant forces. Women and girls have been 
attacked in their homes, in the fields, or as they go about their daily 
activities. Many have been raped more than once or have suffered gang 
rapes.'' Victims ranged in age from under 1 year, including a 4-month-
old girl who was raped in Ituri during the first half of the year, to 
over 80. MONUC reported that in Ituri, the exact number of female 
victims of rape or sexual slavery was impossible to estimate.
    Armed groups used rape to humiliate and punish victims, families, 
and communities. In Ituri, women were often targets of sexual violence 
because of their ethnicity. In June, ex-RCD/G elements, led by former 
commanders such as General Nkunda and Colonel Mutebusi, reportedly told 
women from the Bashi and other ethnic groups in Bukavu that they were 
being raped to avenge abuses committed against Tutsi civilians. 
Government forces reportedly targeted Tutsi women for rape when they 
retook the city. On June 3, six ex-RCD/G elements following former 
commanders such as General Nkunda and Colonel Mutebusi reportedly gang-
raped a mother; another soldier raped her 3-year-old daughter in the 
presence of her husband and her other children. There were also reports 
that non-Banyamulenge women were raped in reprisal for attacks against 
Banyamulenge.
    Rapes were often extremely violent, were generally accompanied by 
threats and beatings, and sometimes involved props such as tree 
branches, rifles, sharpened sticks, glass, nails, stones, sand, or hot 
pepper. Sometimes women were shot during or after rape, sometimes in 
their genitals. There were also reports of anal rapes using sticks. 
These and other rapes sometimes resulted in vaginal fistula, a rupture 
of vaginal tissue that left women unable to control bodily functions 
and vulnerable to ostracism.
    Violent gang rapes by members of armed groups were common, and they 
were often committed in front of victims' families. For example, on 
June 2, AI reported that up to 20 ex-RCD/G combatants, led by former 
commanders such as General Nkunda and Colonel Mutebusi, raped 3 sisters 
between the ages of 16 and 22 at their home in Bukavu. The soldiers 
forced family members to watch and stole everything from their house 
and shop.
    In addition, armed groups forcibly abducted women and girls and 
used them as sex slaves (see Sections 5 and 6.c.). AI reported that 
FDLR soldiers held a woman from 2001 until this year and regularly beat 
and raped her, including the same day she gave birth to a baby. AI also 
reported that in September 2003, the FDLR stopped a minibus traveling 
in South Kivu and abducted six women for their commander. The commander 
chose one woman and gave the rest to the other officers. When the 
officers tired of them, they were given to the prison guards. One woman 
was released after 2 months when her family paid for her.
    In some cases, sexual abuse was of a limited duration or was 
carried out in a sporadic manner, many times with different 
victimizers. There were numerous reports that girls as young as 14 were 
abducted. Other girls and women were subjected to repeated rape over 
longer periods with one victimizer. These girls and women were commonly 
referred to as ``war wives,'' who often served both as fighting 
elements in active combat and sexual slaves for their commanders. Many 
traditional beliefs dictated that once a girl or woman was sexually 
``taken'' by a man, she was his property, and they were seen to be 
married. Experts believed that most girls and women associated with 
armed groups would never be identified.
    On May 27, unidentified soldiers entered the compound of an 
international NGO in Bukavu. One soldier raped a female aid worker and 
shot another before fleeing with money and phones.
    During the year, there were numerous allegations of sexual abuse by 
MONUC civilian and military personnel. One MONUC civilian was sent home 
and arrested, and at least three other civilians were suspended and 
repatriated. At least two MONUC military personnel were sent home. At 
year's end, MONUC was conducting investigations into 150 allegations of 
sexual misconduct.
    During the year, violations of humanitarian law were commonplace, 
and peacekeepers and humanitarian workers were threatened, harassed, 
and killed. Armed groups killed at least two unarmed U.N. military 
observers. On February 12, UPC militia members killed a Kenyan 
peacekeeper during an ambush on a MONUC convoy returning to Bunia after 
investigating alleged human rights violations. On June 6, unidentified 
men on the Goma-Rutshuru road shot at two South African peacekeepers, 
who died in an automobile accident following the shooting.
    Ituri armed groups--particularly the UPC, FNI, and FAPC--became 
increasingly aggressive towards MONUC and civilians. For example, on 
January 16, the FNI attacked a MONUC helicopter attempting to 
investigate an FNI attack on a PUSIC camp outside Kasenyi. On February 
4, unidentified gunmen operating in an area controlled by the UPC-Bosco 
attacked MONUC peacekeepers attempting to investigate the January 15 
massacre of civilians at Gobu. On September 2, the UPC kidnapped a 
Moroccan peacekeeper just outside Bunia. He was released 5 days later. 
The Government condemned the kidnapping.
    In May and June, fighting in and around Bukavu significantly 
impeded humanitarian access throughout the country. The U.N. Office for 
the Coordination of Humanitarian Affairs (OCHA) reported that 90 
percent of the humanitarian organizations operating in most major 
cities were affected by either looting, suspension of activities, or 
lack of access to vulnerable groups.
    In June, military authorities in Maniema, with the complicity of 
local authorities, severely harassed humanitarian organizations, 
disrupted humanitarian flights, threatened CARE and AirServ staff, 
attempted to force AirServ pilots to carry military personnel and 
goods, and commandeered CARE vehicles and equipment. On June 18, a 
police commander in Kasongo severely beat a local CARE employee and 
detained him for several hours.
    On November 15, unidentified gunmen attacked four workers from 
Premiere Urgence, a French NGO, south of Bunia, in an area controlled 
by the FPRI Ngiti militia. During the year, there were reports that 
Ituri armed groups attacked other NGOs, threatened to kill local staff, 
and stole money, equipment, and telephones.
    No known action was taken against UPC militiamen who looted the 
Bunia hospital and the World Health Organization depot in May 2003.
    During the year, there were reports of deaths or injury from 
landmines. For example, in April, up to 123 persons were victims of 
antipersonnel landmine explosions in Virunga National Park, in the 
east, according to a U.N. news source.
    Armed groups and the FARDC continued to harass, rape, arrest, loot, 
extort, and illegally tax civilians in areas they occupied. For 
example, in certain parts of Bunia, UPC militiamen extorted money from 
civilians by threatening to either steal their belongings or kill them 
during the night. On June 9, a UPC/L member reportedly killed a local 
chief in Fataki, Ituri District because he had refused to collect 
illegal taxes from local civilians. In South Kivu, armed groups in a 
number of areas--including Kalehe, Walungu, and Kabare--committed 
numerous abuses, including extortion, theft, and the illegal occupation 
of civilian residences.
    In September, Mai Mai waiting to be demobilized outside Beni caused 
civilians to flee the area. Locals reported that they committed rapes; 
widescale looting of food, livestock, and metal roof sheeting from 
houses; and charged tolls for women to work in the fields.
    In October, there were clashes between Mai Mai and ex-ANC soldiers 
allied with youths who had recently been armed by local officials in 
Masisi territory, North Kivu. The youths, who were mostly from 
Rwandophone villages, reportedly burned 107 houses and looted livestock 
and household goods in predominantly Hunde and Tembo villages.
    In many cases, armed groups did not make a distinction between 
military and civilian targets. For example, the MONUC Ituri report 
found that UPC forces shelled ``Lendu villages without making any 
distinction between armed combatants and civilians.''
    Armed groups and the FARDC continued to have children in their 
ranks (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; however, the Government sometimes restricted 
these rights in practice. During the year, there were approximately 30 
reported instances where government agents arrested, detained, 
threatened, or abused members of the media. During the year, 
journalists practiced self-censorship.
    Individuals could privately criticize the Government, government 
officials, and private citizens without being subject to reprisal, and 
during the year, individuals often publicly criticized them in the 
media; however, security forces arrested, detained, and harassed 
opposition politicians and other high-profile figures for criticizing 
the Government. For example, on June 16, political opposition member 
Atundu Liongo was arrested after a speech for offending the Government, 
inciting persons to be disobedient, and attacking State security. He 
was released on October 1.
    On June 30, Pastor Albert Lukusa gave a sermon in Lubumbashi 
criticizing President Kabila and the Government. On August 3, the ANR 
arrested and detained him. He was released on October 18.
    The Government required each newspaper to pay a $500 licensing fee 
and complete several administrative steps before it could publish 
legally. There was an active private press, and a large number of daily 
newspapers, mainly in urban areas, were licensed to publish. In 
general, journalists were poorly paid, lacked professional training, 
and were vulnerable to manipulation by wealthy individuals, government 
officials, and politicians who paid or provided other benefits to 
journalists to encourage them to write certain types of articles. 
However, many newspapers were highly critical of the Government. 
Although there was no official newspaper, the Government published the 
Daily Bulletin, which included decrees and official statements.
    Due to limited literacy and the high cost of newspapers and 
television, radio remained the most important medium of public 
information. Numerous privately owned radio stations and privately 
owned television stations operated, as well as two state-owned radio 
stations and a state-owned television station. Major political parties 
represented in the Government were generally able to gain access to 
state radio and television, which covered activities of ex-rebels and 
opposition figures participating in the Government.
    Foreign journalists were able to operate in the country. For 
example, Radio Okapi, an independent nationwide radio station closely 
affiliated with MONUC, continued to broadcast national and local news 
and provide information on MONUC's mandate, activities, and 
demobilization and disarmament programs.
    During the year, government officials arrested, intimidated, 
harassed, and detained journalists, often without filing formal 
charges. For example, on April 1, military intelligence and ANR agents 
raided Radio Kilimandjaro in Tshikapa, West Kasai. According to a local 
press organization, they were looking for Radio Kilimandjaro journalist 
Sami Mbeto, who had allegedly reported that military intelligence 
officers had mistreated or humiliated DRC citizens expelled from 
Angola.
    On July 19, local press freedom watchdog Journaliste en danger 
(JED) reported that ANR agents detained and questioned RTKM television 
director Lumbana Kapassa for 3 hours about an interview with a former 
security advisor to former President Mobutu.
    On August 4, ANR agents shut down religious station Radio Hosanna 
in Lubumbashi, Katanga, and authorities arrested seven station 
employees for broadcasting a sermon by Pastor Albert Lukusa, who 
criticicized the Government by noting the presence of ``Rwandans and 
Senegalese'' in the Government and accusing authorities of being 
``incapable of responding to the basic needs of the population.'' On 
August 7, the seven employees were released without charge, and Radio 
Hosanna resumed broadcasting on October 28.
    On December 18, police arrested, interrogated, and detained for 6 
days Feu D'or Bonsange Ifonge, director general of the Kinshasa-based 
newspaper Tapis Rouge. Police reportedly wanted to obtain information 
on the author of a December 16 article alleging that the government 
taxation department had mismanaged and misappropriated public funds. 
Ifonge posted a bail of $340.
    No action was taken against security forces that beat and harassed 
journalists in 2003 or 2002.
    Unlike in the previous year, there were no reports that police in 
Kinshasa seized newspapers.
    In June, JED criticized what it considered repeated attempts to 
muzzle the press by then-Minister of Press and Communication Vital 
Kamerhe. In late May, Kamerhe issued an order forbidding television and 
radio stations from broadcasting messages that he considered likely to 
aggravate the situation in Bukavu following its seizure by ex-RCD/G 
combatants operating under former commanders such as General Nkunda and 
Colonel Mutebusi (see Section 1.g.).
    During the year, JED continued to call for the decriminalization of 
certain press offenses included in the out-of-date Press Law. The 
Committee to Protect Journalists (CPJ) reported that journalists were 
most frequently charged with defamation, or ``attributing maliciously 
and publicly to a person a precise fact which is of a nature to damage 
the honor or standing of that person or expose him to public 
humiliation. [The law] does not specifically say the precise fact must 
be untrue.'' Defamation charges were used to suppress criticism of 
government officials and wealthy businessmen, especially in cases of 
corruption.
    For example, on January 5, a court sentenced nine Radio-Television 
Nationale Congolaise (RTNC) reporters to 1 year in prison and ordered 
each of them to pay a $2,500 fine for defamation. In a February 2003 
open letter to the President, they had accused the former Minister of 
Press and Communication, Kikaya bin Karubi, of embezzlement and called 
for his resignation. By year's end, the journalists were not made to 
pay the fine and had not been imprisoned.
    On March 19, authorities arrested and detained Jean-Louis Lompoto, 
director of the weekly publication Pili-Pili for defamation. Lompoto 
had published an article on March 3 alleging that the then-Minister of 
Mines Eugene Diomi, who was later suspended for corruption in November, 
had embezzled public funds. According to the CPJ, after the March 
issuance of a warrant for their arrest, two of Lompoto's Pili-Pili 
colleagues went into hiding. Lompoto was released on bail after 8 days 
in prison. At year's end, no trial date had been set.
    The Ministry of Human Rights and the Ministry of Communication and 
Press continued to intervene on behalf of journalists facing 
prosecution and held occasional workshops.
    Unlike in the previous year, there were no reports of perceived 
threat of government harassment or intimidation resulting in self-
censorship or the modification of lectures by professors, and academic 
freedom improved.
    In areas under marginal government control, armed groups and local 
authorities continued to severely restrict freedom of speech and of the 
press.
    Armed groups continued to harass, intimidate, beat, and arrest 
local journalists. For example, on March 2, a court sentenced Nicaise 
Kibel'Bel Oka, director of Behind the Scenes, a Beni weekly newspaper, 
to 5 years prison and ordered him to pay $2,000 in fines for defamation 
of a wealthy North Kivu businessman in a November 2003 article. The 
article alleged that the businessman had committed customs fraud. The 
sentence was appealed pending additional evidence.
    In late May, ex-RCD/G combatants operating under former commanders 
such as General Nkunda and Colonel Mutebusi attacked, vandalized, 
looted, and closed three Bukavu radio stations and threatened to kill 
their directors. The three directors took refuge at the MONUC compound 
and were evacuated to Kinshasa. JED reported that on June 3, rebel 
forces seeking Joseph Nkinzo, director of the radio station Sauti ya 
Rehema (Voice of Mercy), killed the journalist's younger brother, 
Mukamba Mwanaume, believing him to be Nkinzo.
    Armed groups' treatment of foreign and Radio Okapi journalists 
improved during the year. However, in North and South Kivu, armed 
groups detained a few international journalists and confiscated their 
equipment after the journalists photographed military installations 
without permits. For example, in October, an international journalist 
was detained in Beni for photographing a military installation.
    Armed groups took no known credible action against those accused of 
beating or otherwise abusing journalists or persons critical of their 
groups in 2003 or 2002.

    b. Freedom of Peaceful Assembly and Association.--The Transitional 
Constitution provides for freedom of peaceful assembly; however, the 
Government restricted this right in practice. The Government considered 
the right to assemble to be subordinate to the maintenance of ``public 
order,'' and continued to require all organizers to inform the local 
city government before holding a public event. According to the law, 
organizers automatically have authorization to hold an event unless the 
city government denies authorization in writing within 5 days of 
receiving the original notification. Some NGOs reported that in 
practice, local authorities sometimes denied authorization for an 
event, mostly on the grounds of preserving public order, after the 5-
day period by backdating the correspondence. Government security 
services often dispersed unregistered protests, marches, or meetings.
    On October 22, local authorities in Kinshasa denied the Union for 
Democracy and Social Progress (UDPS) permission to conduct a protest 
march. The reason for the denial was not known.
    During the year, the Government occasionally harassed opposition 
parties during private meetings (see Section 1.d.).
    During the year, police occasionally arrested peaceful 
demonstrators. For example, on January 14, police dispersed a UDPS 
demonstration in Kinshasa intended to mark the arrival of South African 
President Thabo Mbeki. Ten UDPS members were arrested and detained for 
several days.
    On February 5, authorities in Bas Congo arrested and detained for 
several days four students who were protesting what they considered 
excessive school fees.
    In June, security forces reportedly killed approximately nine 
rioters in Kinshasa while attempting to disperse a violent crowd.
    Unlike in the previous year, there were no confirmed reports that 
security forces forcibly dispersed political party press conferences or 
rallies. The Government required political parties to apply for permits 
to hold press conferences; According to local NGOs, such permits 
sometimes were denied.
    No action was taken against security forces responsible for using 
excessive force during demonstrations in 2003 or 2002.
    In June, MONUC peacekeepers killed three rioters in Kinshasa while 
attempting to disperse a violent crowd.
    The Transitional Constitution provides for freedom of association; 
however, in practice, the Government sometimes restricted this right. 
During the year, government authorities generally did not harass 
political parties, although there were some exceptions concerning the 
UDPS. For example, on March 18, the ANR arrested 12 UDPS members near 
Mbuji Mayi for holding public meetings; by year's end, they had been 
released.
    In areas under marginal government control, armed groups continued 
to restrict severely freedom of assembly and association, and security 
services used excessive force against protesters in Goma. For example, 
on November 15, RCD/G police and soldiers killed at least two 
demonstrators when RCD/G police and soldiers opened fire on students 
while they were protesting the death of a student who was reportedly 
shot in the back. A police officer was also killed, although it was not 
clear who was responsible. At year's end, no action had been taken 
against those responsible for the killings.
    No action was taken against RCD/G agents who, in May 2003, fired 
upon activists who had gathered to greet a government delegation.

    c. Freedom of Religion.--The Transitional Constitution provides for 
freedom of religion, and the Government generally respected this right 
in practice, provided that worshipers did not disturb public order or 
contradict commonly held morals. Unlike in the previous year, there 
were no reports that government forces committed abuses against 
religious figures.
    The law provides for the establishment and operation of religious 
institutions, and requirements for the establishment of a religious 
organization were simple and generally not subject to abuse. The law 
grants civil servants the power to establish and dissolve religious 
groups; however, during the year, there were no reports that the 
Government suspended or dissolved a religious group. The Bundu Dia 
Kongo, an ethnically based spiritual and political movement that called 
for the violent overthrow of the Government and the establishment of an 
``ethnically pure'' kingdom for the Bakongo tribe, remained outlawed at 
year's end. Officially recognized religions were free to establish 
places of worship and to train clergy. In practice, religious groups 
that were not recognized also worshipped freely.
    While the Government generally did not interfere with foreign 
missionaries, they were not exempt from general restrictions on freedom 
of movement imposed on all persons by security force members who 
erected and manned roadblocks, at which they often solicited bribes.
    In areas under marginal government control, respect for religious 
freedom generally improved. During the year, there were fewer reports 
of attacks against priests, parishioners, churches, parish property, or 
schools. However, in November, unidentified men broke into a Catholic 
parish in Kabare, west of Bukavu, and looted it.
    No action was taken against RCD/G soldiers who targeted churches 
and religious leaders in 2003 or 2002, or against Lendu militia members 
who executed Hema civilians and priests who had taken refuge in a 
church compound in 2003.
    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; however, the Government occasionally restricted this right in 
areas under its control. Freedom of movement between areas under 
government control and areas under marginal government control improved 
during the year. Movement between these areas continued to be 
hazardous; however, since the establishment of the Government, cross-
country commercial air traffic has continued to increase, as has road 
and rail rehabilitation funded by the international community.
    In Kinshasa, police and soldiers erected roadblocks for security 
checks and to protect government installations. In general, military 
and regular police were more aggressive than during the previous year, 
and there were many more instances in which drivers were harassed, 
forced to pay bribes, and forced to transport soldiers for free. In 
November, the main taxibus union organized a 1-day transportation 
strike in Kinshasa in response to such harassment. In addition, 
underpaid traffic police continued to routinely harass citizens and 
demand bribes in the course of pulling vehicles over for ostensible 
traffic violations. The Government closed certain national roads at 
night due to banditry.
    The significant risk of rape perpetrated by uniformed men 
restricted freedom of movement at night for women in many areas.
    Married women were required by law to have their husband's 
permission prior to traveling outside the country. Passport issuance 
was highly irregular and required the payment of significant bribes (up 
to $500); however, there were no reports that certain groups were 
prevented from acquiring them.
    The law prohibits forced exile, and there were no reports that the 
Government used forced exile.
    According to the U.N. High Commission for Refugees (UNHCR), at 
year's end, approximately 370,000 Congolese refugees lived in several 
neighboring countries, including Tanzania (149,000), the Republic of 
the Congo (56,000), Zambia (54,000), Burundi (35,000), and Rwanda 
(33,000).
    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 
very basic system for providing protection to refugees. In practice, 
the Government granted refugee and asylum status and provided 
protection against refoulement, the return to a country where 
individuals feared persecution. The Government cooperated with the 
UNHCR and other humanitarian organizations in assisting refugees and 
asylum seekers. The Government also provided temporary protection to an 
unknown number of individuals who may not qualify as refugees under the 
1951 Convention/1967 Protocol.
    During the year, the Government accepted refugees from Burundi and 
Rwanda. According to the UNHCR, by November the country was hosting an 
estimated 196,000 refugees, including refugees from Angola, Sudan, and 
Burundi.
    There were numerous reports, including one prepared by an 
independent panel of experts for the U.N. Security Council, that former 
RCD/G agents entered refugee camps in Rwanda, with the aid of local 
Congolese and Rwandan authorities, to recruit young men, including 
children, to join their militia in the eastern DRC; however, some 
parents of refugees who left the camps said they sent their children to 
the DRC for schooling--not for use as soldiers--and the U.N. report, 
which relied heavily on statements by humanitarian aid workers, did not 
refute this claim.
    In areas under marginal government control, freedom of movement was 
severely restricted during the year, partially as a result of fighting 
between armed groups and government forces, which frequently prevented 
travel and harassed travelers. Several towns were cut off from the 
surrounding countryside by government soldiers and armed groups, who 
controlled road and river access into and out of the towns. Soldiers 
established road, river, airport, market, and lake checkpoints and 
routinely harassed and demanded bribes from civilians, sometimes 
detaining those who could not pay extortion fees in underground prisons 
until the toll was paid by a family member. For example, in early 
February, the FNI held a man in 2 underground prisons and a commander's 
home until his family paid $80 for his release a week later. Such 
travel restrictions contributed to widespread hunger and economic 
hardship.
    Local authorities in the Kivus routinely required Congolese 
citizens to show official travel orders from an employer or government 
official authorizing travel. Foreigners were forced to go through 
immigration proceedings at airports, lake ports, and when entering and 
leaving towns.
    Armed groups and local authorities frequently imposed travel 
restrictions on NGOs. In May and June, many NGOs evacuated their 
personnel following fighting in Bukavu, leaving millions without 
humanitarian aid. Throughout the year, banditry and poor security 
hampered NGO activities in large parts of Ituri (see Section 1.g.).
    Unlike in the previous year, there were no reports that armed 
groups expelled persons from the country.
    During May and June, a significant number of Banyamulenge refugees 
fled to Rwanda and Burundi because they reportedly feared reprisal 
attacks from the FARDC and others after ex-RCD/G elements took control 
of Bukavu (see Section 1.g.). By year's end, several hundred had 
returned, in large part due to the efforts of certain members of the 
Government. However, certain local officials in South Kivu attempted to 
prevent the refugees' return. For example, in October, the FARDC 
detained 38 refugees who were attempting to return from Burundi; the 
FARDC detained them in Bukavu and Uvira for several days without 
charge.
    As of November, OCHA estimated that there were almost 2.2 million 
IDPs in the country, the majority of whom were reportedly in the 
eastern portion of the country, mostly concentrated in North Kivu, 
Orientale, and Katanga. In November, OCHA reported that there were an 
estimated 180,000 IDPs in the Ituri region, an estimated 785,000 IDPs 
in North Kivu, and 280,000 IDPS in South Kivu. Many of the IDPs 
received no assistance because of ongoing fighting and the denial of 
access to NGOs, and many were forced to relocate numerous times to 
escape fighting (see Section 1.g.). In December, fighting between FARDC 
forces and RCD/G soldiers who were not integrated into the national 
army displaced over 100,000 persons in central North Kivu.
    Unlike the previous year, there were no reports that militias 
attacked and fired upon IDPs attempting to flee.
    On several occasions, armed groups denied access to humanitarian 
organizations or obstructed their ability to deliver humanitarian 
relief supplies. For example, during the first part of the year, Mai 
Mai groups in South Kivu harassed NGOs, imposed illegal taxes, and 
refused to let humanitarian workers transit their zones of control. 
During the year, armed groups, government troops, and civilians 
participated in widescale looting of humanitarian facilities, including 
the World Food Program warehouses in Bukavu and Kalemie. In Ituri, 
armed groups regularly attacked vehicles, including those of 
humanitarian workers, traveling from Bunia to Lake Albert (see Section 
1.g.).
    No known action was taken against soldiers who erected illegal 
checkpoints, attacked fleeing IDPs, or restricted U.N. or humanitarian 
access in 2003.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change their Government
    Citizens did not have the right to change their Government 
peacefully and have not been able to change their Government through 
free elections since independence in 1960. Joseph Kabila continued to 
be President of the country under the Transitional Government. There 
are four vice presidents: two from the main former rebel groups, one 
from the political opposition, and one from Kabila's own political 
``family.'' The bicameral Parliament, as established under the 
Transitional Constitution, includes members from these groups, civil 
society and smaller, former rebel movements. There are also five 
``citizens' institutions'' that began operating in 2003: An Observatory 
for Human Rights, a Truth and Reconciliation Commission, a High 
Authority for Media, an Ethics and Anti-Corruption Commission, and the 
Independent Electoral Commission. In mid-year, the Government installed 
provincial governors throughout the country, and by year's end, former 
rebel-held areas were under marginal government control. The 
Transitional Constitution calls for elections to be held by June 30, 
2005. This period may be extended for two additional 6-month periods, 
with the approval of Parliament.
    The law allows legally registered political parties to operate 
freely; however, authorities continued to arrest political activists 
and to block some activities, including marches and demonstrations (see 
Section 2.b.). Authorities in Katanga and other areas outside the 
national capital tended to impose more limits on civil and political 
liberties.
    Corruption remained endemic at all levels. Many civil servants, 
police, and soldiers have not been paid in years, received irregular 
salaries, or did not earn enough to support their families, all of 
which encouraged petty corruption. For example, local authorities and 
remnants of rebel groups continued to extort ``taxes'' and ``fees'' 
from all boats traveling on the Congo River. In addition, government 
authorities and wealthy individuals sometimes restricted the freedom of 
press and speech on occasions when there were accusations of corruption 
(see Section 2.a.). As noted in a Transparency International report 
released during the year, most Congolese said they believed official 
corruption was rampant in their country. The Ethics and Anti-Corruption 
Commission had little impact by year's end.
    During the year, the Government took a few steps to combat 
corruption. In November, following a parliamentary investigation, the 
Government suspended six ministers for high-level corruption.
    The law does not provide for public access to government 
information, and the Government was unable to provide information upon 
request.
    Five of 36 cabinet ministers and 3 of 24 vice ministers were women, 
and women held 48 of the 614 seats in Parliament, including 5 in the 
120-seat Senate.
    Pygmies were not represented in the political process.
    In areas under marginal government control, citizens did not have 
the right to change their government peacefully. Although the 
Government appointed provincial governors in May, most local-level 
officials appointed during the war by rebel authorities remained in 
place. Ituri District was an exception: In July, the Government 
appointed district commissioners in Ituri. By year's end, the 
Government had not provided newly appointed officials with adequate 
resources. Political freedom improved slightly, in part because MONUC 
deployed troops to more areas and because the Government's influence 
expanded.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    In areas under government control, a wide variety of domestic and 
international human rights NGOs continued to investigate and publish 
their findings on human rights cases. The Human Rights Ministry and the 
Observatory for Human Rights worked with NGOs during the year and were 
responsive to their requests and recommendations. However, during the 
year, many prison officials regularly obstructed NGO access to 
detainees, and security service personnel harassed and arrested 
domestic human rights workers.
    The main domestic human rights organizations operating in the 
country included VSV; Groupe Jeremie; the Committee of Human Rights 
Observers (CODHO); The Christian Network of Human Rights and Civic 
Education Organizations (RODHECIC); and the African Association for the 
Defense of Human Rights (ASADHO). On April 10, ANR agents in Lubumbashi 
detained for 2 hours the executive director of the Center for Human 
Rights, Bin Masudi Kingombe.
    On July 6, unidentified armed men dressed in civilian clothes 
harassed Floribert Chebeya, the president of VSV in Kinshasa.
    During the year, domestic human rights activists self-censored 
reports about corruption and human rights abuses committed by certain 
government officials because they feared arrest.
    The Government cooperated with international governmental 
organizations and NGOs and permitted international humanitarian and 
human rights NGOs access to conflict areas. A number of U.N. 
representatives and international NGOs visited the country during the 
year. During the year, international NGOs, including AI and HRW, and 
international organizations such as the U.N. published several reports 
on the human rights and humanitarian situation.
    In March, U.N. Special Rapporteur for Human Rights Iulia Motoc 
presented her final report to the U.N. Commission on Human Rights. She 
reported that the ``civilian population is subject to violence by the 
military and police . . . Since bribery is ubiquitous, the guilty 
parties can buy off the justice system and the police, and justice 
officials often help victims and perpetrators to make deals in exchange 
for part of the compensation paid.''
    In July, MONUC presented a ``Special Report on the Events in Ituri, 
January 2002-2003,'' (MONUC Ituri Report) to the U.N. Security Council. 
It found that Ituri District, located in Orientale Province, ``has one 
of the world's worst--and for a long time largely ignored--human rights 
records'' (see Sections 1.g. and 5).
    In October, the U.N. Operations in Burundi, the U.N. High 
Commissioner for Human Rights, and MONUC presented a joint report on 
the August 13 Gatumba massacre of over 150 Banyamulenge to the U.N. 
Security Council. Although the team was able to establish the facts of 
the massacre and determined that the refugees appeared to be targeted 
because of their ethnicity, it was unable to determine who planned, 
supported, or carried out the killings. A Burundian rebel group, the 
National Liberation Force (FNL), claimed responsibility for the attack 
(see Section 1.g.).
    On October 28, Frederic Pacere Titinga, the U.N.'s Independent 
Expert for the Commission on Human Rights in the DRC, reported to the 
U.N. General Assembly that grave human rights violations continued 
throughout the country, especially in the east, and that the justice 
system was incapable of responding to the situation.
    The Government continued to cooperate with the International 
Criminal Tribunal for Rwanda (ICTR) and took the lead in capturing, 
arresting, and transferring suspected genocidaire Yusuf John Munyakazi 
to the ICTR. ICTR investigators operated freely in areas under 
government control, seeking a number of genocide indictees they 
believed might be living in the country.
    On October 6, the Government and the International Criminal Court 
(ICC) signed an accord allowing the ICC to begin investigations into 
war crimes and crimes against humanity committed in the country since 
July 2002. By year's end, the ICC had established a basic field 
presence and had started preliminary investigations into events in 
Ituri.
    The Transitional Constitution provides for an independent Human 
Rights Observatory and a Truth and Reconciliation Commission. During 
the year, the Observatory published reports, made field visits, and 
brought human rights NGOs from around the country together to identify 
national human rights concerns. Members of the Truth and Reconciliation 
Commission made field visits to provincial capitals but lacked 
sufficient staff and resources to be truly effective.
    In areas under marginal government control, domestic human rights 
NGOs and civil society members were subjected to frequent harassment 
and abuse, particularly in Ituri. Domestic human rights organizations 
operating in areas under marginal government control included Heirs of 
Justice, and Solidarity Exchange for Integral Development (SEDI) in 
South Kivu; Lotus Group, Friends of Nelson Mandela, and Justice and 
Liberation in Kisangani; and Justice Plus, in Bunia.
    Armed groups frequently committed abuses, including killings and 
rapes, against humanitarian workers or peacekeepers (see Section 1.g.). 
In addition, in Ituri, according to the MONUC Ituri Report, there were 
``several cases of harassment of humanitarian workers and church 
members, with the aim of halting the delivery of humanitarian 
assistance to members of `rival' ethnic groups.'' Ituri armed groups 
also ``executed, abducted, arrested, or forced to flee persons they 
thought to be political opponents, as well as judges, intellectuals of 
enemy ethnic groups, journalists, and members of NGOs.''
    The U.N. Special Rapporteur for Human Rights reported that 
government agents arrested the president of a local civil society 
organization, and agents subsequently intimidated NGO members after the 
Rapporteur met with NGOs in Walikale, North Kivu.
    In April, security service agents in Bukavu harassed human rights 
workers at Heirs of Justice (Heritiers de la Justice).
    On November 20, a local human rights activist who had strongly 
criticized recent insecurity in Goma was detained for several hours.
    David Aliana, a member of the NGO Friends of Nelson Mandela, was 
released from prison in 2003.
    Maitre Honore Musoko, president of Bunia-based Justice Plus, 
remained outside the country at year's end after he was harassed in 
February 2003.
    Armed groups frequently imposed travel restrictions on persons who 
provided humanitarian aid, human rights NGOs, and journalists (see 
Sections 1.g. and 2.d.).
    International NGOs active in areas under marginal government 
control included the ICRC, Global Rights, HRW, and various humanitarian 
organizations. Although most armed groups permitted international 
humanitarian and human rights NGOs access to conflict areas, certain 
groups in Ituri and South Kivu regularly harassed persons who provided 
humanitarian aid and levied illegal taxes at ports and roadblocks (see 
Section 1.g.). Armed groups generally allowed international NGOs such 
as AI and HRW to conduct investigations and publish reports; however, 
there were some exceptions. For example, in mid-November, armed men 
attacked four humanitarian workers in Bukiringi, 62 miles south of 
Bunia, in an area controlled by ethnic Ngiti militiamen, who were under 
the control of the FRPI; one sustained a bullet wound.
    During the year, government authorities cooperated with Dutch 
officials during an investigation into allegations of torture against 
Sebastien Nzapali, a former officer in the army of former President 
Mobutu Sese Seko. Nzapali had requested asylum in the Netherlands, but 
Dutch officials refused the request and began an investigation based on 
claims by persons claiming to be Nzapali's victims. On April 7, a court 
in the Netherlands convicted Nzapali of committing torture in the DRC 
in 1995 and 1996.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The Transitional Constitution prohibits discrimination based on 
ethnicity, sex, or religious affiliation; however, the Government was 
unable to enforce these prohibitions effectively. Nongovernmental 
actors incited violence against street children. Societal 
discrimination remained an obstacle to the advancement of certain 
groups, particularly women and indigenous Pygmies (Batwa).

    Women.--Domestic violence against women, including rape, was common 
throughout the country; however, there were no known statistics on the 
extent of this violence. Assault and rape are crimes, but police rarely 
intervened in domestic disputes and rapists were very rarely 
prosecuted. There were no laws prohibiting spousal abuse or assault. It 
was commonplace for family members to instruct a rape victim to keep 
quiet about the incident, even to health care professionals, to save 
the reputation of the victim and her family. The press rarely reported 
incidents of violence against women or children; press reports of rape 
generally appeared only if it occurred in conjunction with another 
crime, or if NGOs reported on the subject.
    Armed groups used rape as a weapon of war (see Section 1.g.). Girls 
and women who had been raped often found it difficult to get married, 
and married women who were raped were often abandoned by their 
husbands. For example, AI reported that after a 50-year-old woman in 
South Kivu was gang-raped by Burundian combatants in 2003, her husband 
abandoned her and her children.
    Victims and experts cited widespread impunity as the main reason 
sexual violence continued. A small number of sexual violence cases have 
been brought to court. For example, in early March, a man who raped a 
23-month-old baby girl in Isiro, Orientale Province was sentenced to 5 
years in prison. A local organization in South Kivu also won 57 of 60 
rape cases it brought to court. In general, however, most victims did 
not have sufficient confidence in the justice system to be willing to 
subject themselves to further humiliation and possible reprisals by 
pursuing formal legal action. For example, in March, there were reports 
that a woman in North Kivu publicly denounced local thugs who raped her 
and killed her husband as he tried to defend his family. The group 
returned shortly afterwards and cut off both of her lips as a warning 
to others not to speak out against sexual violence and other crimes.
    The law did not prohibit the practice of FGM, and although FGM was 
not widespread, it was practiced on young girls among isolated groups 
in the north. The National Committee to Fight Harmful Traditional 
Practices/Female Genital Mutilation developed a network of community 
leaders, women representatives, and health professionals dedicated to 
the prevention and treatment of FGM; however, the Committee lacked 
adequate resources for prevention and treatment.
    The law does not prohibit prostitution except in cases involving 
children under the age of 14; prostitution, including child 
prostitution, was a problem mainly due to poor economic conditions. 
There continued to be reports of women and girls pressured or forced to 
engage in prostitution by their families out of economic necessity. 
There was no information available on the extent of prostitution in the 
country. Security forces encouraged prostitution and were customers. 
There were unconfirmed reports that security forces harassed and raped 
prostitutes.
    There were reports that women were trafficked (see Section 5, 
Trafficking).
    There were no laws preventing sexual harassment; the extent of the 
problem was unknown. On October 25, security forces in Kinshasa 
attacked women for wearing tight pants. Ten soldiers and two policemen 
were arrested for beating and tearing clothes off women in Kinshasa. At 
year's end, it was unknown if any action had been taken against them.
    Women were relegated to a secondary role in society. They 
constituted the majority of primary agricultural laborers and small-
scale traders, and they almost exclusively were responsible for child 
rearing. In the formal sector, women commonly received less pay for 
comparable work. Only rarely did they occupy positions of authority or 
high responsibility.
    Married women were required by law to obtain their husband's 
permission before engaging in routine legal transactions, such as 
selling or renting real estate, opening a bank account, accepting 
employment, or applying for a passport. The law permits a woman to 
inherit her husband's property, to control her own property, and to 
receive a property settlement in the event of divorce; however, in 
practice, women often were denied these rights, which in some cases was 
consistent with traditional law. Widows commonly were stripped of all 
possessions--as well as their dependent children--by the deceased 
husband's family. Human rights groups and church organizations worked 
to combat this custom, but there was little government intervention or 
legal recourse available. In addition, women often did not realize that 
they could improve their legal inheritance claims by obtaining official 
documents that proved their marital status. Women also were denied 
custody of their children in divorce cases, but they retained the right 
to visit them. Polygyny was practiced, although it was illegal. Father-
child relationships resulting from polygynous unions were recognized 
legally, but only the first wife was recognized legally as a spouse.
    There were a number of active and effective women's groups 
throughout the country.

    Children.--Government spending on programs for children's welfare 
was almost nonexistent. Primary school education was not compulsory, 
free, or universal. In public schools, parents formally were required 
to pay a small fee, and informally expected to pay teachers' salaries. 
Many children were not able to attend school because their parents 
could not afford to send them. According to UNICEF, net primary school 
attendance was 51 percent. Attendance rates for girls were much lower 
because parents with meager financial resources preferred to send their 
sons to school.
    FGM was not widespread but was performed on girls among isolated 
groups (see Section 5, Women).
    Trafficking was a problem (see Section 5, Trafficking).
    Child prostitution was a serious problem (see Section 5, Women).
    The FARDC and other armed groups continued to have child soldiers 
in their ranks. During the year, the Government demobilized an 
estimated 3,080 children, and there were no reports that the Government 
actively recruited children; however, there were numerous reports that 
it provided support to Mai Mai groups, which continued to recruit and 
use child soldiers. The Government continued to collaborate with UNICEF 
and other partners to demobilize child soldiers, participated in an 
international program to demobilize child soldiers, and finalized the 
national demobilization and disarmament committee's plan for children 
associated with armed groups.
    Child labor was a problem (see Section 6.d.).
    According to a November 2003 report by a U.N. Special Rapporteur, 
between 25,000 and 50,000 child refugees, war orphans, and children 
accused of witchcraft or sorcery lived on the streets throughout the 
country, although some of those who were not orphans returned to their 
families at day's end. So-called child sorcerers were accused of having 
mystical powers and their families often abandoned them, most often 
because of socio-economic difficulties.
    There was widespread discrimination and violence by average 
citizens against these children, who were widely perceived to be street 
thugs who engaged in petty crime, begging, and prostitution. There were 
numerous reports of collusion between police and street children, 
including street children who paid police officers for the right to 
sleep in abandoned buildings, and children who paid police a percentage 
of goods they stole in large markets. In addition, there were reports 
that different groups and individuals regularly rented groups of these 
children to disrupt public order.
    The Government was ill-equipped to deal with large numbers of 
street children. On September 22, 12 children between the ages of 12 
and 17 were arrested and convicted of being ``vagabonds,'' destruction 
of property, and illegal occupation of state buildings in Kisangani. 
The children were originally sentenced to prison until age 21, but 
MONUC negotiated their release contingent on a family or organization 
agreeing to take care of them. The judge told journalists that he knew 
the sentence was harsh, but the state did not have structures in place 
to deal with delinquent minors.
    Violence against street children increased during the year. 
Soldiers and police subjected street children to harassment (see 
Section 1.a.). There were unconfirmed reports that security forces in 
Kinshasa rounded up street children and transferred them outside the 
city. In late September, street children attacked civilians and local 
artisanal miners in Mbuji Mayi. In retaliation, the next week, miners 
and mobs of civilians killed at least 20 street children. Some were 
burned alive and others were beheaded. There were reports that 
civilians burned alive a policeman and soldier for complicity with the 
street children. In November, Parliament conducted an inquiry into the 
killings and recommended that some local government officials, 
including the governor, be dismissed. At year's end, there was no known 
action taken against those who committed the killings.
    No action had been taken against those responsible for killing 
alleged child sorcerers in 2003 by year's end.
    There were several active and effective local and international NGO 
groups working with MONUC and UNICEF to promote children's rights 
throughout the country, and with the Government's national committee on 
disarmament, demobilization, and reintegration.
    In areas under marginal government control, children committed and 
were victims of serious crimes. Credible estimates of the total number 
of children associated with armed groups varied widely from 15,000 to 
30,000, many of whom were very young, including a 7-year-old boy who 
served with PUSIC. Armed groups continued to abduct and forcibly 
recruit children to serve as forced laborers, porters, combatants, 
``war wives,'' and sex slaves (see Sections 5, Women and Trafficking, 
and 6.c.).
    The MONUC Ituri report found that all Ituri armed groups had 
``recruited and trained children to turn them into combatants.'' 
According to some estimates, during the year, 40 percent of each Ituri 
militia force may have been composed of children under 18, and 
estimates suggested that 6,000 children belonged to armed groups, with 
several thousand others possibly involved in local defense groups. The 
MONUC Ituri report indicated that children have been used as 
combatants, laborers in the illegal exploitation of natural resources, 
domestic labor, and sexual slaves. The report also noted that there 
have been several allegations that Uganda and Rwanda have aided and 
abetted Ituri armed groups to recruit and train children. The Coalition 
to Stop the Use of Child Soldiers reported that armed groups continued 
to use approximately 2,000 Rwandan children as soldiers in Ituri 
District.
    During the year, children were voluntarily and forcibly recruited 
into armed groups; however, no reliable data was available on the 
number of children recruited willingly versus forcibly. Many children 
joined an armed group based on their ethnic origins and their places in 
shifting military alliances; however, most made calculated decisions 
about their best chances for survival and aligned with whichever group 
looked most likely to support them.
    In anticipation of promised salaries for those soldiers who 
integrated in the national army, some commanders of armed groups 
reportedly recruited child soldiers during the first part of the year 
and regularly diverted the salaries of child soldiers for their own 
gain.
    During the year, armed groups pursued several recruitment targets 
and engaged in forced recruitment and recruitment of previously 
demobilized child soldiers. Credible sources reported that in May and 
June, former Mundundu-40 commanders allied with ex-RCD/G combatants 
recruited previously demobilized children in and around Bukavu.
    In May, the FARDC arrested former Mundundu-40 Commander Biyoyo for 
unauthorized recruitment of soldiers, including minors. However, Biyoyo 
was given a provisional release and was said to have fled the country. 
Biyoyo's former Operations Chief, Antunov, threatened minors who 
testified against Biyoyo and aggressively targeted them for recruitment 
in mid-June. Although some children returned to their homes or went to 
child demobilization centers, some reported for duty out of fear.
    In June, ex-RCD/G elements led by former commanders such as General 
Nkunda and Colonel Mutebusi recruited children in North and South Kivu, 
notably in Minova, Kalehe, and Masisi, to serve as soldiers. In 
September, ex-ANC forces in Ngungu kidnapped and forcibly recruited a 
12-year-old boy, who, after a week of military training in Masisi, was 
sent to Walikale to serve as a soldier. A U.N. expert panel on resource 
exploitation reported that, in mid-year, Rwandan officials attempted to 
recruit demobilized Rwandan and Congolese soldiers and Congolese 
refugees in support of ex-RCD/G combatants; however, the Rwandan 
Government denied these claims. In addition to offering enrollment 
incentives, Rwandan officials, Nkunda, and other Congolese officials 
reportedly pursued recruitment aims through the use of intimidation 
tactics. For example, in late June, local sources reported that Nkunda 
forcibly recruited soldiers, including children in Kalehe, by 
threatening to shoot those who did not volunteer. In addition, credible 
sources reported that an unknown number of children were recruited out 
of refugee camps in Rwanda. There were also unconfirmed reports that 
some children recruited by ex-RCD/G elements following former 
commanders such as General Nkunda and Colonel Mutebusi were sent to 
Rwanda for training; however, these reports had not been independently 
confirmed by year's end.
    Children were often treated brutally if they failed to obey orders. 
Child soldiers recruited by Mai Mai in Maniema Province told the U.N. 
Special Rapporteur that they were subjected to severe punishment by 
their superiors and had been initiated into war using fetishist rituals 
involving cannibalism. Some children were beaten or placed in detention 
for falling asleep while on guard duty, wasting ammunition, failure to 
obey orders, or desertion. In detention, they were often tortured and 
otherwise ill-treated. For example, in May, AI reported that 
approximately 20 former RCD/G child soldiers were being held in 
overcrowded conditions with poor sanitation and food in Goma. Some were 
held for military offenses. In one case, according to the MONUC Ituri 
report, a child was executed.
    Girls associated with armed groups were often assaulted, raped, and 
infected with HIV/AIDS. In Ituri, girls have been utilized as foot 
soldiers, domestics, and sex slaves. The MONUC Ituri report found that 
all Ituri armed groups recruited girls, often forcibly, into their 
ranks. Once released, denial, shame, and fear prevented many of them 
from seeking assistance (see Section 5, Women).
    During the year, armed groups demobilized 3,080 child soldiers with 
assistance from MONUC, UNICEF, and NGOs.

    Trafficking in Persons.--There were no specific laws prohibiting 
trafficking in persons, and trafficking occurred. There are laws that 
prohibit slavery, rape, and child prostitution that could be used to 
prosecute traffickers; however, the laws were rarely enforced. The 
Government has not prosecuted any cases against traffickers; however, 
during the year, judicial authorities in South Kivu initiated legal 
proceedings against an individual suspected of recruiting child 
soldiers.
    The country was a source for women and children trafficked for the 
purposes of sexual exploitation and forced labor. Internal trafficking 
for forced labor and forced sexual exploitation occurred. In addition, 
child prostitution was common. The forcible recruitment and use of 
children associated with armed groups contributed to trafficking (see 
Section 5, Children).
    Unlike in the previous year, there were no confirmed reports that 
government officials participated in or facilitated trafficking in 
humans; however, there were unconfirmed reports that local government 
officials facilitated the trafficking of children from Rwandan refugee 
camps for use as soldiers in the DRC.
    The Government had few programs in place to prevent trafficking. 
The Ministry of Women's and Family Affairs and Labor implemented an 
action plan against sexual exploitation in conjunction with an 
international organization. In addition, the Government coordinated 
with other countries on trafficking issues and attended some regional 
meetings on trafficking in persons; however, government efforts to 
combat trafficking were limited by a lack of resources and information, 
and because much of the country's trafficking problem was related to 
the use of children associated with armed groups in areas under 
marginal government control. The Government had few resources for 
training; however, it permitted training of officials by foreign 
governments and NGOs. The Government had no funding available for 
protection services. Victims were not prosecuted.
    In areas under marginal government control, there continued to be 
reports that armed groups kidnapped men, women, and children and forced 
them to provide menial labor and sexual services for members of armed 
groups (see Sections 1.g. and 6.c.). In addition, armed groups abducted 
children to serve as combatants in areas under their control (see 
Section 5, Children).
    The Government repeatedly criticized the abduction of women and 
children by armed groups.

    Persons with Disabilities.--Persons with disabilities were 
subjected to discrimination in employment, education, and the provision 
of other government services. Persons with disabilities were exempt 
from some civil laws, such as paying some taxes, or in some cases, 
paying customs duties.
    The law does not mandate accessibility to buildings or government 
services for persons with disabilities. There were some special private 
schools that used private funds and limited public support to provide 
education and vocational training to students who were blind or had 
physical disabilities.

    National/Racial/Ethnic Minorities.--There were at least 200 
separate ethnic groups, which generally were concentrated regionally 
and spoke distinct primary languages. There was no majority ethnic 
group; some of the largest ethnic groups were the Luba, Kongo, and 
Anamongo. Four indigenous languages--Kiswahili, Lingala, Kikongo, and 
Tshiluba--had official status. French was the language of government, 
commerce, and education. Societal discrimination on the basis of 
ethnicity was practiced widely by members of virtually all ethnic 
groups and was evident in private hiring patterns in some cities; 
however, intermarriage across major ethnic and regional divides was 
common in large cities.
    President Kabila's cabinet and office staff were geographically and 
ethnically diverse. However, a significant amount of political 
influence remained in the hands of individuals from Katanga. Katangans 
in the FARDC were more likely both to be promoted and to be paid than 
persons from other regions. The leadership of former rebel groups also 
was geographically and ethnically diverse. However, a significant 
amount of influence in the MLC continued to be held by members from the 
Equateur Province, and, in the RCD/G leadership, by Tutsis. A 
significant number of ethnic groups were represented in the Government.
    Birth on national territory did not necessarily confer citizenship. 
The Government did not recognize the citizenship claims of some 
longtime residents whose ancestors immigrated to the country, including 
certain Congolese Tutsis from South Kivu, known as Banyamulenge, who 
fled to the country from Rwanda. The Transitional Constitution provides 
for a more inclusive approach to the Banyamulenge, and by year's end, 
Parliament had adopted a new nationality law, which for the first time 
recognized a person's right to acquire citizenship if the person was 
born in the country or had one Congolese parent; however, the 
Government had not yet promulgated the law.
    After ex-RCD/G combatants following former commanders such as 
General Nkunda and Colonel Mutebusi took control of Bukavu in late May, 
anti-Tutsi sentiment increased. Tutsis were harassed and received 
threats, and some reported being afraid of abuse for appearing Rwandan. 
On October 6, a MONUC vehicle with peacekeepers and their Congolese 
interpreter broke down in central Bukavu. A few hundred persons 
surrounded the vehicle, accused the interpreter of being a Rwandan, and 
threatened to burn the vehicle and kill him. The ANR and the FARDC 
detained the interpreter, a Mushi from north of Bukavu, for several 
hours and interrogated him on the suspicion that he was a Rwandan 
infiltrator. The street incident broke up when the FARDC fired shots 
into the air. According to MONUC, over the course of the incident, 9 
persons were hurt, 15 MONUC vehicles were damaged, the RCD/G office was 
destroyed, and 29 shops were looted. Government officials, including a 
vice governor and the local head of the ANR, encouraged the crowd.
    During the second half of the year, FARDC soldiers in South Kivu 
and northern Katanga harassed, arbitrarily arrested, and threatened 
Banyamulenge. For example, there were reports that dozens of men 
attempting to return to South Kivu were arrested on their return by 
Congolese officials at the border, where they were held on suspicion of 
being spies or military infiltrators.
    During the year, in Ituri District of Orientale Province, fighting 
between members of the Lendu and Hema ethnic groups (and other smaller 
tribes allied with either the Lendu or the Hema) resulted in numerous 
deaths.
    There were reports that Ituri armed groups forced members of other 
ethnic groups to work in labor camps (see Sections 1.g. and 6.c.).

    Indigenous People.--The country had a population of fewer than 
10,000 Pygmies (Batwa), who were believed to have been the country's 
original inhabitants; during the year, societal discrimination against 
them continued. Although they were citizens, most Pygmies continued to 
live in remote areas and took no part in the political process. Unlike 
in the previous year, there were no confirmed reports that Pygmies were 
targeted for cannibalism.
    Unlike in the previous year, there were no confirmed reports that 
some tribes used Pygmies as slaves or as part of burial ceremonies; 
however, there were a few unconfirmed reports during the year.

    Incitement to Acts of Discrimination.--Anti-Tutsi sentiments--
including appeals to force Tutsis into exile and practice 
discrimination toward Tutsis in regard to citizenship rights--were 
expressed in private and government-affiliated media. In addition to 
inflammatory articles and editorials in the major government-affiliated 
newspaper, L'Avenir, government-affiliated television talk shows 
featured guests with extreme, anti-Tutsi views.
    During the year, there were credible reports that certain members 
of the Government directly and indirectly encouraged hate speech that 
advocated forcing Tutsis into exile. For example, there were 
unconfirmed reports that some hard-line government officials provided 
funding for Pastor Theodore Ngoy to buy television airtime to incite 
hatred against Congolese Tutsis by claiming they were Rwandans who were 
in the country to infiltrate society. Such programs were aired 
periodically through the first half of the year.
Section 6. Worker Rights
    a. The Right of Association.--The law permits all workers, except 
magistrates and military personnel, to form without prior authorization 
and to join trade unions; workers formed unions in practice. Since the 
vast majority of the country's economy was in the informal sector, only 
a small percentage of the country's workers were organized.
    The Labor Code prohibits discrimination against unions, although 
this regulation was not enforced effectively. The law also requires 
employers to reinstate workers fired for union activities.
    In areas under marginal government control, there were no reports 
of functioning labor unions.

    b. The Right to Organize and Bargain Collectively.--The law 
provides for the right of unions to conduct activities without 
interference and the right to bargain collectively; however, in 
practice, the Government did not protect these rights, due in part to a 
lack of resources, and collective bargaining was not used in practice. 
In the public sector, the Government set wages by decree, and the 
unions could only act in an advisory capacity. There are no export 
processing zones.
    The law provides for the right to strike, and workers exercised 
this right in practice. The law requires unions to have prior consent 
and adhere to lengthy mandatory arbitration and appeal procedures. 
During the year, there was increased labor union activity, and public 
sector unions organized several legal strikes to call for increased 
wages and back pay. The law prohibits employers or the Government from 
retaliating against strikers, but this prohibition was not enforced.
    By year's end, most civil servants' salaries were not current, and 
most arrears had not been addressed. Some arrears were paid to certain 
workers with particularly effective unions or critical jobs. For 
example, striking air traffic controllers received some back pay, but 
striking customs officials did not.

    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 Sections 5 and 6.d.).
    There were unconfirmed reports that some tribes used Pygmies as 
slaves.
    Soldiers used forced labor during the year (see Sections 1.g., 5 
and 6.d.).
    In areas under marginal government control, there were numerous 
reports that armed groups used forced labor. Armed groups routinely 
forced civilians to carry heavy loads, including looted household items 
and livestock, for long distances without pay, and abducted men, women, 
and children and forced them to work in rural areas.
    Armed groups and, to a lesser extent, government forces, abducted 
women and children and forced them to provide household labor or sexual 
services for periods ranging from several days to several months (see 
Section 5). Specific information was difficult to obtain due to limited 
NGO access and victims' reluctance to discuss their experiences because 
of possible reprisal from the perpetrators and the social stigma 
attached.
    In April, there were reports that FARDC soldiers in Kabare 
territory, South Kivu forced civilians to construct their camp, 
including cutting down trees, digging holes, and building houses. There 
were reports of armed groups in Ituri and Maniema forcing civilians, 
including children, to dig for minerals (see Section 6.d.).
    Certain ex-RCD/G combatants, led by former commanders such as 
General Nkunda and Colonel Mutebusi, forcibly conscripted adults and 
children, often forcing those they had arbitrarily arrested to train 
and serve with them (see Section 5).
    There were credible reports that the FNI and FRPI abducted and 
detained civilians in up to 16 labor camps near Lake Albert, and that 
MONUC dismantled a UPC labor camp near Lake Albert (see Section 1.g.).
    Unlike in the previous year, there were no reports that CNDD/FDD 
soldiers forced villagers to perform labor.

    d. Prohibition of Child Labor Practices and Minimum Age for 
Employment.--There are laws to protect children from exploitation in 
the workplace; however, the Government did not effectively implement 
these laws during the year, and child labor was a problem throughout 
the country. The employment of children of all ages was common in the 
informal sector and in subsistence agriculture, which were the dominant 
portions of the economy. Such employment often was the only way a child 
or family could obtain money for food. The Government established a 
national committee on child labor in 2002, but it was unclear if it was 
operating by year's end. The legal minimum age for full-time employment 
without parental consent is 18 years. Employers legally may hire minors 
between the ages of 15 and 18 with the consent of a parent or guardian, 
but those under age 16 may work a maximum of 4 hours per day. Larger 
enterprises reportedly did not exploit child labor. Neither the 
Ministry of Labor, which was responsible for enforcement, nor labor 
unions effectively enforced child labor laws.
    There continued to be reports that forced child labor occurred (see 
Sections 5 and 6.c.). Some parents forced their children to leave 
school and beg in the streets, hunt or fish, or engage in prostitution 
to earn money for their families.
    In areas under marginal government control, there were numerous 
credible reports that armed groups used forced child labor, including 
the recruitment of children--reportedly with the aid of local Congolese 
officials--for use in armed conflict, and the use of girls as sex 
slaves and prostitutes (see Sections 2.d., 5, and 6.c.).
    Children, including child soldiers, were involved in the illegal 
exploitation of natural resources in Ituri District to the benefit of 
their militia commanders. In December 2003, MONUC visited gold mines in 
UPC-controlled Iga Barriere and FNI-controlled Kilo-Etat. At Iga 
Barriere (the former headquarters of the Kilo Moto Mining Company), 
MONUC found that three quarters of the mine pit team were under the age 
of 18, most between 11 and 15. Reportedly, the children were all active 
or former child soldiers who worked on behalf of their UPC commanders. 
An FNI commander admitted he had 12 children, including an 11-year-old, 
in his armed group, and there were many child soldiers at a nearby 
mine. There were continued reports that re-recruitment of former child 
solders took place to secure mine labor for armed groups. There 
continued to be reports that, often because of economic necessity, 
children worked in mines extracting colombo-tantalite ore, or coltan, 
used to make mobile telephones.

    e. Acceptable Conditions of Work.--Most citizens were engaged in 
subsistence agriculture or commerce outside the formal wage sector. The 
average wage did not provide a decent standard of living for a worker 
and family, and most workers relied on extended family and informal 
economic activity to survive. Minimum wage laws continued to be 
suspended at year's end. Civil servant salaries remained very low, 
ranging between $4 and $20 per month, and salary arrears continued to 
be a problem (see Section 6.b.). However, depending on their position, 
civil servants, including police and soldiers, frequently supplemented 
their incomes through extracting bribes and various other practices of 
corruption.
    The maximum legal workweek (excluding voluntary overtime) was 48 
hours. One 24-hour rest period was required every 7 days.
    The Labor Code specifies health and safety standards; however, the 
Ministry of Labor did not effectively enforce these standards. No 
provisions in the Labor Code permit workers to remove themselves from 
dangerous work situations without jeopardizing their continued 
employment.
    In areas under marginal government control, most citizens relied on 
informal economic activity, humanitarian aid, and scavenging in the 
forest to survive. Due to extended pillaging, extortion by armed 
groups, and instability forcing families to flee their homes and crops, 
poverty and economic hardship generally were more severe in the Kivus, 
Maniema, Northern Katanga, and Ituri than in areas under government 
control. Salary arrears for police, soldiers, and other public 
officials encouraged extortion and theft from the population.

                               __________

                         REPUBLIC OF CONGO \1\
---------------------------------------------------------------------------

    \1\ The U.S. Chancery in Brazzaville was destroyed in the 1997 
civil war, and there is no American chancery or interim office space in 
the country. However, American diplomats are assigned to Kinshasa and 
travel by boat to Brazzaville on extended temporary duty status to 
cover the full range of bilateral issues.
---------------------------------------------------------------------------
    The Republic of Congo is ruled by a government in which most of the 
decision-making authority is vested directly in the President and his 
administration. Denis Sassou-Nguesso was elected President in 2002, and 
legislative elections were held in 2002 for the Senate and the National 
Assembly in all jurisdictions, except for parts of the Pool region 
where an insurgency was active. The President's Congolese Workers' 
Party won the May and June 2002 legislative elections and controlled 
129 seats in the 137-seat National Assembly. Both the presidential and 
legislative elections were determined ``not to contradict the will of 
the people'' by independent monitors; however, there were some flaws 
and irregularities in the administration of these elections. 
Uncontrolled and unidentified armed elements remained active in the 
Pool region, despite an ongoing demobilization and reintegration 
program following the March 2003 Peace Accord between the Government 
and Pasteur Ntumi's Ninja rebels. The judiciary continued to be 
overburdened, underfunded, and subject to political influence, bribery, 
and corruption.
    The security forces include the police, the Gendarmerie, and the 
armed forces; however, the functional distinction between these forces 
was not always clear. In practice, the overlapping of operations by the 
police, the Gendarmerie, and the armed forces were common. At times, 
the Government did not have full control over some members or units of 
the security forces. Some members of the security forces committed 
human rights abuses.
    The economy remained in transition from a centrally directed 
economy to a mixed market-oriented economy. The population was 
estimated to be slightly less than 3 million, and approximately 70 
percent lived in poverty. Economic growth was estimated at 1.3 percent 
in 2003.
    The Government's human rights record remained poor; although there 
were some significant improvements, serious problems remained. At 
times, some elements of the security forces reportedly were responsible 
for beatings, physical abuse of detainees, rapes, arbitrary arrest and 
detention, looting, and solicitation of bribes and theft. Impunity and 
lack of transparency were still problems. Prison conditions were poor. 
Prolonged pretrial detention and lack of fair trials were problems. 
Security forces at times infringed on citizens' privacy rights. The 
Government at times limited freedom of the press. There were limits on 
freedom of movement in some areas of the Pool region because of 
uncontrolled and unidentified armed elements. Domestic violence and 
societal discrimination against women were problems. There were 
unconfirmed reports of trafficking. Discrimination on the basis of 
ethnic regions remained a problem, including employment discrimination 
against minority ethnic groups such as indigenous Pygmies. Child labor 
was a problem. Citizens sometimes resorted to vigilante justice and 
killed suspected criminals.
                        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, and, 
unlike in the previous year, there were few reports that government 
forces killed civilians in the Pool region; however, at least one 
person was beaten to death in police custody during the year. In 
September, an 18-year-old male died from injuries from a beating 
received while in custody for suspected theft.
    No action was taken against members of the security forces 
responsible for civilian deaths in 2003.
    There was no action taken against members of the security forces 
who reportedly summarily executed several soldiers in 2002.
    There continued to be occasional deaths due to mob violence, as 
civilians took vigilante action against presumed criminals, or as 
individuals settled private disputes; however, police at times 
intervened to stop such action. For example, the press reported a man 
killed his wife out of jealousy, and another man killed his uncle for 
suspected sorcery.

    b. Disappearance.--There were no reports of politically motivated 
disappearances during the year.
    The daughter of a local nongovernmental organization (NGO) 
employee, who was reported missing in 2003, remained missing at year's 
end.
    On June 21, the International Court of Justice (ICJ) gave the 
Government until year's end to provide more persuasive arguments in the 
1999 case of 359 persons who were separated from their families by 
security forces upon returning to Brazzaville from the Democratic 
Republic of the Congo and who subsequently disappeared. During the 
year, government officials implicated in the alleged disappearances 
spoke out describing their view of the events, claiming that they were 
not involved and did not know what happened to those who disappeared. 
In September, members of the Government went to the ICJ to argue the 
case. In December, the ICJ extended the deadline for responses and 
replies from the concerned parties until 2005. Also in December, a 
French court determined that it had no legal standing to pursue the 
case.

    c. Torture and other Cruel, Inhuman, and Degrading Treatment or 
Punishment.--The Constitution prohibits such actions; however, in 
practice, security forces sometimes used beatings to coerce confessions 
or to punish detainees. During the year, there were reports that abuses 
continued in the jail system, and one person died while in custody (see 
Section 1.a.).
    In June, security forces reportedly beat a landowner after he 
requested payment from a colonel for land the colonel was using to 
build a house.
    Security forces beat persons who were on strike during the year 
(see Section 2.b.).
    During the year, there were unconfirmed reports by NGOs that female 
detainees were raped and that elements of the security forces beat 
citizens.
    Unlike in the previous year, there were no reports that security 
forces regularly harassed and extorted refugee returnees and residents 
in outlying areas.
    In certain areas of the Pool, unidentified armed elements, some of 
whom could be uncontrolled government security forces or former Ninjas, 
continued to rob trains and harass civilians and international NGO 
workers. There were reports by NGOs and members of the private sector 
that unidentified armed elements also extorted bribes in the Pool 
Region. The Government investigated these attacks but was unable to 
determine who the perpetrators were.
    There were no developments, nor were any likely, in the 2002 case 
of the soldiers responsible for robbing, beating, and, in some cases, 
raping of fleeing citizens in Brazzaville.
    Unlike in the previous year, there were no reports that elements of 
Ntumi's Ninjas were engaged in extortion and harassment.
    Prison conditions remained poor due to overcrowded facilities and 
scarcity of resources to provide food or health care to the inmates. 
Prisons functioned in Brazzaville, Pointe Noire, and, to a lesser 
degree, in the smaller, more remote towns of Owando, Ouesso, and 
Djambala. The Ministry of Justice continued to repair some prisons 
during the year; however, lack of funds hindered efforts to improve 
physical facilities and to provide food and medicine.
    During the year, there continued to be reports that detainees held 
at police stations often were subjected to beatings, overcrowding, and 
extortion.
    Women were incarcerated with men, and juveniles were held with 
adults. Pretrial detainees were detained with convicted prisoners.
    Access to prisons and detention centers by domestic and 
international human rights groups continued to be granted. Local human 
rights groups, including the Congolese Observatory for Human Rights, 
the Association for the Human Rights of the Incarcerated, the National 
Counsel for the Promotion and Protection of the Rights of Detained 
Persons, and a Catholic Church organization visited prisons during the 
year. The International Committee of the Red Cross (ICRC) continued 
regular visits to prisons and detention centers throughout the country.

    d. Arbitrary Arrest or Detention.--The Constitution prohibits 
arbitrary arrest and detention; however, elements of the security 
forces committed such acts. There were fewer reports of arbitrary 
arrest and detention than in previous years.
    Police and the gendarmerie are responsible for maintaining domestic 
order. Although the Human Rights Commission was established for the 
public to report abuses, NGOs reported that there was still impunity 
for some elements of the security forces who committed abuses. Lack of 
transparency was still a problem. In late December 2003, the Government 
began a security and anti-crime campaign called Operation Hope to 
reduce the amount of insecurity, local drug trafficking, and crime in 
the country. The campaign was still in operation at year's end; 
however, there are no official reports on the effectiveness of the 
campaign. During the year, the ICRC provided resources for human rights 
training for police officers.
    The Code of Penal Procedure requires that a person be apprehended 
openly, that a lawyer be present during initial questioning, that 
warrants be issued before arrests are made, and that detainees be 
brought before a judge within 3 days and either charged or released 
within 4 months; however, in practice, the Government often violated 
these legal provisions. Detainees generally were informed of the 
charges levied against them, and lawyers and family members usually 
were given access to them. There is a system of bail called a 
``caution''; however, more than 70 percent of the population has an 
income below poverty level and could not afford to pay bail. Prolonged 
pretrial detention due to judicial backlogs was a problem.
    In January, a police sergeant was arrested without charge. In 
September, a landowner (who also was a university teacher) was arrested 
without charge while trying to collect back rent from a tenant. Both 
were still in detention without charge at year's end.
    Security forces detained a journalist during the year (see Section 
2.a.).

    e. Denial of Fair Public Trial.--The Constitution provides for an 
independent judiciary; however, in practice the judiciary continued to 
be overburdened, underfunded, and subject to political influence, 
bribery, and corruption. Lack of resources continued to be a severe 
problem; almost nothing remained of judicial records, case decisions, 
and law books following the looting during the civil wars of the late 
1990s.
    The judicial system consists of traditional and local courts, 
courts of appeal, the High Court of Justice, the Supreme Court, and a 
Constitutional Court. Both the Constitutional Court and High Court of 
Justice were created under the 2002 Constitution. The Constitutional 
Court's function is to adjudicate the constitutionality of laws and 
judicial decisions; the High Court of Justice's function is to review 
judicial decisions as well as try the President and other high 
authorities for crimes in the conduct of their official duties. By 
year's end, the Constitutional Court was operational. Members of the 
High Court of Justice were appointed, but due to lack of funds the 
court was not yet functioning.
    In general, defendants were tried in a public court of law presided 
over by a state-appointed magistrate. The defense has access to 
prosecution evidence and testimony and the right to counter it. In 
formal courts, defendants are presumed innocent and have the right of 
appeal; however, the legal caseload far exceeded the capacity of the 
judiciary to ensure fair and timely trials. Some cases have never 
reached the court system.
    In rural areas, traditional courts continued to handle many local 
disputes, particularly property and probate cases, and domestic 
conflicts that could not be resolved within the family.
    There were no reports of political prisoners.

    f. Arbitrary Interference with Privacy, Family, Home, or 
Correspondence.--The Constitution prohibits such actions; however, in 
practice security forces at times illegally entered, searched, and 
looted private homes. During the year, military, gendarmerie, and 
police forces occasionally beat civilians and looted homes sometimes in 
revenge for complaints filed against them by the civilians (see Section 
1.c.). In some areas of the Pool region, intimidation and harassment by 
uncontrolled and unidentified armed elements increased according to 
reports from some international NGOs, the private sector, and civilians 
(see Section 1.c.).
    Citizens generally believed that the Government monitored private 
mail and telephone communications.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The Constitution provides for 
freedom of speech and of the press, although the Constitution also 
criminalizes certain types of speech such as incitement to ethnic 
hatred, violence, or civil war; however, the Government at times 
limited these rights in practice; however, the Government did not 
restrict academic freedom.
    There was no state-owned newspaper; however, there were several 
closely allied with the Government. There were 15 to 20 private 
newspapers that appeared weekly in Brazzaville, which were critical of 
the Government. Newspapers continued to publish on occasion open 
letters written by opponents of the Government who were in the country 
or lived abroad. The print media did not circulate widely beyond 
Brazzaville and the commercial center of Pointe Noire; however, it 
reached approximately one-third of the population.
    Most citizens obtained their news from the radio or television 
broadcast media, primarily government-controlled radio in nonurban 
areas. There was one privately owned radio station and one privately 
owned television station. There were two government-owned radio 
stations, Radio Congo and Radio Brazzaville and one government-owned 
television station, Tele Congo. There were several satellite television 
connections available, which permitted viewing of a range of news and 
entertainment programs. The news coverage and the editorial positions 
of the state-owned media reflected government priorities and views. A 
number of Brazzaville-based journalists represented international 
media, such as the British Broadcasting Corporation (BBC), Associated 
Press, Reuters, Agence France Presse, Voice of America (VOA), Canal 
France International (CFI), and TV5.
    Government journalists were not independent and were expected to 
report positively on government activities. There was evidence that 
when government journalists deviated from this there were 
repercussions. For example, in August, a broadcaster at government-
owned Radio-Congo presented some information about undeclared and 
unofficial leave taken by some government ministers. The broadcaster 
was subsequently moved to the Ministry of Education by the Minister of 
Communication and was no longer working for the radio station.
    In September, a journalist at Government-owned Tele-Congo 
interviewed an opposition leader on his talk show, who was critical of 
the President's overall policies. The station management ordered the 
journalist to stay home until a decision was made concerning his tenure 
at Tele-Congo. No decision was made by year's end.
    In November, the Ministry of Foreign affairs officially informed 
freelance international journalists, some of whom worked for services 
such as the BBC and Reuters and some who also held jobs with 
government-controlled media outlets such as Tele-Congo, that their 
accreditation could be revoked if stories reflecting adversely on the 
country's image were reported. In November, the Government asked the 
BBC to remove the local BBC correspondent from the country--one of the 
few locally based journalists who was not linked to a national media 
service. The BBC complied and was in the process of reassigning the 
correspondent at year's end.
    Also in November, a correspondent for Radio France International 
(RFI) arrived in Brazzaville to report on the 1999 disappearance of 
hundreds of persons (see Section 1.b.) and interviewed Pasteur Ntumi. 
During the visit, security forces detained and interrogated the RFI 
reporter during the evening, despite the intervention of the French 
Embassy. After the interrogation, she was detained at her hotel to 
prevent her from meeting a member of the opposition, and security 
forces subsequently escorted her back to her flight to France.
    Security forces beat journalists who were on strike during the year 
(see Section 2.b.).
    The Press Law allows for monetary penalties for defamation and 
incitement to violence but does not require prison terms for violators.
    The Government did not restrict access to the Internet.

    b. Freedom of Peaceful Assembly and Association.--The Constitution 
provides for the freedoms of assembly and association, and the 
Government generally respected these rights in practice; however, in 
July, journalists demonstrated over nonpayment of their wages in front 
of a public building in Brazzaville, and security forces forcibly 
dispersed them. Some of the demonstrators were injured. No payments 
were made to the journalists by year's end. Groups that wished to hold 
public assemblies were required to inform the Ministry of Territorial 
Administration, which could withhold authorization for meetings that 
threatened public order.
    All groups or associations--political, social, or economic--were 
generally required to register with the Ministry of Territorial 
Administration. Although registration could sometimes be subject to 
political influence, there was no evidence that this occurred during 
the year.

    c. Freedom of Religion.--The Constitution provides for freedom of 
religion, and the Government generally respected this right in 
practice.
    All organizations, including religious organizations, are required 
to register with and be approved by the Government. There were no 
reports of discrimination against religious groups in this process, 
although all admit that it is time-consuming and lengthy. Penalties for 
failure to register involve fines and potential confiscation of goods, 
invalidation of contracts, and deportation for foreigners, but no 
criminal penalties are applicable.
    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, in practice, the Government imposed some limitations. 
During January and February, military and police checkpoints, which at 
times interfered with the movement of civilians, were instituted as a 
result of the December 2003 attacks by uncontrolled Republican Guard 
government forces on Ninja elements in the BaCongo district of 
Brazzaville. International NGOs reported renewed harassment and 
intimidation by uncontrolled and unidentified armed elements in certain 
areas of the Pool region during the year, and one reduced its small 
expatriate staff (see Section 1.c.).
    The Constitution prohibits forced exile; however, the Government 
prevented the return of some citizens.
    NGOs working in the Pool Region reported that returning internally 
displaced persons (IDPs) still had not repopulated certain war-torn 
areas at year's end. The Ministry of Social Affairs reported that all 
IDPs who wished to return to their villages had returned by year's end.
    During the civil conflicts of the 1990s, tens of thousands of 
citizens fled into neighboring countries, particularly Gabon and the 
Democratic Republic of the Congo. According to office of the U.N. High 
Commissioner for Refugees (UNHCR), there were 283 returnees from the 
Democratic Republic of the Congo (DRC) and 344 returnees from Gabon 
during the year. Approximately 15,000 citizens fled to Gabon and, 
according to U.N. figures, 12,000 persons remained there because they 
did not wish to return and had integrated into Gabonese society.
    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 
UNHCR and other humanitarian organizations in assisting refugees.
    The country continued to host a small number of Burundians and 
approximately 3,000 mainly Rwandan Hutus, who remained within distinct 
Rwandan sectors and communities within villages or cities. At year's 
end, there was only 1 camp of less than 300 Rwandan Hutus, mostly women 
and children, located north of Brazzaville. The camp was not considered 
a refugee camp by UNHCR and has not received international assistance 
since the mid-1990s. During the year, UNHCR continued some assistance 
to Angolan refugees in Pointe Noire; however, most Angolan refugees 
either returned to Angola or were integrated into local communities. 
UNHCR estimates that there were approximately 1,800 Angolan refugees 
from Cabinda in the country at year's end.
    The Government also provides 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 2002 
elections that independent observers determined did ``not contradict 
the will of the people,'' despite obvious flaws like insufficient 
numbers of ballots at certain polling stations, confusion over their 
locations, and the boycott by some opposition members who claimed the 
elections were biased. In addition, the Constitution and the elections 
also were viewed by some international NGOs and foreign observers as 
designed to protect the status quo. The elections remained incomplete 
at year's end because of continued lack of security in some areas of 
the Pool, and 8 of the region's 12 National Assembly seats remained 
vacant at year's end.
    The state remained highly centralized under the President; the 
President appointed key regional and local leaders. Sub-national 
government entities lacked an independent revenue base and did not 
represent a significant check on central authority.
    Major political parties included the ruling PCT, the Pan-African 
Union for Social Democracy, the Congolese Movement for Democracy and 
Integrated Development, the Union for Democracy and the Republic, and 
the Rally for Democracy and Social Progress. Some opposition party 
leaders remained in exile while other party officials remained in the 
country. There was no cohesive opposition, and many of the smaller 
political parties were more personality-centered than they were 
representative of a significant constituency.
    In March 2003, the Government and the Ninjas of Pasteur Ntumi 
signed a peace accord that called for a disarmament, demobilization, 
and reintegration (DDR) program; however, during the year, the full DDR 
program was replaced by a demobilization and reintegration (DR) 
program, funded by the European Union (EU) and administered by the U.N. 
Development Program (UNDP). By August, the DR program had progressed 
slowly, although not fully in place in some areas of the Pool because 
of unidentified armed elements that remained active.
    There were press reports of government corruption particularly 
regarding the misuse of the country's revenues in the oil sector. To 
meet International Monetary Fund (IMF) requirements and obtain approval 
of a Poverty Reduction Growth Facility (PRGF), the Government had made 
some improvements in oil sector transparency by year's end. In 
December, the country was approved for a PRGF program that requires 
further oil sector transparency, completion of several audits in both 
the oil and forestry sectors, and continued debt and arrears repayments 
in order to remain on the program.
    There were 9 women in the 66-seat Senate and 12 women in the 137-
seat National Assembly but only 129 seats were filled, as 8 seats from 
areas of the Pool remained unfilled. There were five female ministers 
in the 34-member Cabinet, including the Minister of Agriculture, 
Commerce, Primary and Secondary Education, Social Affairs, and Minister 
Delegate of Agriculture and Women's Issues. There was one female 
candidate in the 2002 presidential election who died in connection with 
a random robbery at her home during the year.
    Pygmies continued to be excluded from employment opportunities, 
social programs and the political process, in part due to their 
isolation in remote forested areas of the country, their culture, and 
their stigmatization by the majority Bantu population. The Cabinet 
included four southerners; however, northerners, including many members 
of the President's northern Mbochi or related clans, held many key 
posts. Members of southern ethnic groups, who did not support the 
Government during the war, were permitted to return to their former 
government jobs.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    A number of domestic human rights groups generally operated without 
government restriction, investigating and publishing their findings on 
human rights cases. Government officials generally were uncooperative 
and unresponsive to local human rights groups; however, government 
officials were generally cooperative and responsive to international 
organizations.
    The ICRC maintained an office in Brazzaville. Access improved for 
international humanitarian officials during the year.
    The Constitution provides for the establishment of an autonomous 
Human Rights Commission, which was established in August 2003. Its 
purpose is to act as a watchdog on the Government and react to public 
concerns on human rights issues. At year's end, it had not taken any 
action.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The Constitution specifically prohibits official discrimination; 
however, societal discrimination persisted, particularly against women 
and Pygmies. Ethnic and particularly regional differences continued.

    Women.--Domestic violence against women, including rape and 
beatings, was widespread but rarely reported. There were no specific 
provisions under the law for spousal battery, apart from general 
statutes prohibiting assault. Domestic violence usually was handled 
within the extended family, and only the more extreme incidents were 
brought to the attention of the police.
    Rape, including spousal rape, is illegal; however, the Government 
did not effectively enforce the law. The Government began compiling 
nationwide data on violence against women in 2003; however, no figures 
were available by year's end. NGOs, such as the local Human Rights 
Center, the Center to Combat Violence Against Women Group, the 
International Rescue Committee, the ICRC, and Doctors Without Borders 
continued to draw attention to the issue and provided counseling and 
assistance to victims.
    Female genital mutilation (FGM) was not practiced indigenously, but 
may have occurred in some of the immigrant communities from West 
African countries where it was more common.
    Prostitution is illegal; however, the Government did not 
effectively enforce this prohibition.
    The Constitution prohibits discrimination based on gender and 
stipulates that women have the right to equal pay for equal work; 
however, in practice women were underrepresented in the formal sector. 
Most women worked in the informal sector and thus had little or no 
access to employment benefits. Women in rural areas especially were 
disadvantaged in terms of education and wage employment and were 
confined largely to family farming, petty commerce, and childrearing 
responsibilities. Many local and international NGOs have developed 
micro-credit and micro-finance programs to address this problem, and 
government ministries such as Social Affairs and Agriculture were very 
active in addressing these problems. For example, women received 
assistance to set up dressmaking and beauty salons as well as gardening 
and manioc flour-making to provide an income for their families.
    Marriage and family laws overtly discriminate against women. For 
example, adultery is illegal for women but not for men. Polygyny is 
legal; polyandry is not. While the Legal Code provides that 30 percent 
of the husband's estate is transferred to the wife, in practice, the 
wife often lost all rights of inheritance upon the death of her spouse, 
particularly in the context of traditional or common law marriage. The 
symbolic nature of the dowry set in the Family Code often was not 
respected, and men were forced to pay excessive bride prices to the 
woman's family. As a result, the right to divorce was circumscribed for 
some women because they lacked the financial means to reimburse the 
bride price to the husband and his family. This problem was more 
prevalent in rural areas than in urban centers.

    Children.--The Government was committed to protecting the rights 
and welfare of children. The Constitution provides children equal 
protection under the law. Education was compulsory and tuition free 
until the age of 16; however, families were required to pay for books, 
uniforms, school fees, etc. Girls and boys attended primary school in 
equal numbers; however, school attendance by girls declined 
precipitously at the high school and university levels. The adult 
literacy rate was unknown but was believed to be approximately 40 
percent due to the widespread destruction of the educational system 
during the 1990s civil wars.
    Teenage girls were often pressured to exchange sex for better 
grades, which resulted in both the spread of HIV/AIDS and unwanted and 
unplanned pregnancies.
    FGM may be performed on girls in some West African immigrant 
communities (see Section 5, Women).
    There were reports of isolated cases of child prostitution among 
the growing numbers of street children from the Democratic Republic of 
Congo (DRC); however, the prevalence of the problem still remained 
unclear. According to reports from international and local NGOs and 
others, the isolated cases were not linked to trafficking but used as 
an economic means by the street children to purchase food and other 
items. International organizations were assisting with programs to feed 
and shelter DRC street children.
    There were a few unconfirmed reports that there was trafficking in 
children by West African immigrants to the country (see Section 5, 
Trafficking).
    Child labor was a problem (see Section 6.d.).
    During the year, the number of street children increased. UNICEF 
estimated that most of the street children in Brazzaville were from the 
DRC. Street children from the DRC also were found in Pointe Noire. 
Street children were not known to suffer from targeted abuse by 
government authorities or vigilante groups; however, they were 
vulnerable to sexual exploitation and often fell prey to criminal 
elements including drug smugglers. Many of the street children begged 
or sold cheap or stolen goods to support themselves; some may have 
turned to prostitution or petty theft.

    Trafficking in Persons.--The law does not specifically prohibit 
trafficking in persons, and there were unconfirmed reports of 
trafficking of children by West African immigrants living in the 
country. Trafficking could be prosecuted under existing laws against 
slavery, prostitution, rape, illegal immigration, forced labor, and 
employer-employee relations. There was no evidence that the Government 
has prosecuted any trafficker under these laws.
    There were unconfirmed reports that the Republic of Congo was a 
country of destination; however, it was not a country of transit or 
origin. There were unconfirmed reports that minor relatives of West 
African immigrants from Benin and Togo could be victims of trafficking. 
There was no evidence of trafficking in men or women. Outside of the 
unconfirmed reports of '' minors relatives'' of West African 
immigrants, there were no other reports of trafficking in children. 
Children from West Africa worked as fishermen, shop workers, street 
sellers, or domestic servants. There were reports some were physically 
abused. There were reports of isolated cases of child prostitution, 
which according to international and local NGOs and others were not 
linked to trafficking or forced labor. UNICEF and the International 
Rescue Committee had programs to assist with feeding and sheltering DRC 
street children. In addition, there was no evidence that any of these 
street children were from the Republic of Congo (see Section 5, 
Children).
    There was no evidence of involvement of government officials in 
trafficking, although bribery and corruption were problems.

    Persons with Disabilities.--The Constitution prohibits 
discrimination based on physical condition; however, in practice, this 
prohibition generally was not enforced because the Ministry responsible 
for implementation of this provision lacked the necessary funds. There 
was no overt official or societal discrimination against persons with 
disabilities. There were no laws mandating access for persons with 
disabilities.

    National/Racial/Ethnic Minorities.--The Constitution prohibits 
discrimination based on ethnicity; however, the Government did not 
enforce this prohibition effectively, and, in practice, many citizens 
from southern regions believed that ethnic discrimination persisted. 
However, former civilian employees of the Government were encouraged to 
return to their former jobs even though they were from southern ethnic 
groups that opposed the Government during the civil wars and the 
disturbances that followed.
    Regional ethnic discrimination was prevalent among all ethnic 
groups, was evident in government and private sector hiring and buying 
patterns, and apparent in the effective north-south regional 
segregation of many urban neighborhoods. The relationship between 
ethnic, regional, and political cleavages was inexact; however, 
supporters of the Government included persons from mostly, but not 
solely, northern ethnic groups, such as the President's Mbochi group 
and related clans.

    Indigenous People.--The Constitution prohibits discrimination based 
on ethnicity; however, the indigenous Pygmy ethnic group, who numbered 
in the tens of thousands and lived primarily in forest regions, did not 
enjoy equal treatment in the predominantly Bantu society. Pygmies were 
severely marginalized in employment, health, and education, in part due 
to their isolation in remote forested areas of the country and 
different cultural norms. Pygmies usually were considered socially 
inferior and had little political voice; however, in recent years, 
several pygmy rights groups have developed programs and were actively 
focusing on these issues. Many of them were not aware of the concept of 
voting and had minimal ability to influence government decisions 
affecting their interests. In 2003, a national conference representing 
Pygmy groups was held in Brazzaville.
    Bantus have exploited many Pygmies, possibly including children, as 
cheap labor; however, there was little information regarding the extent 
of the problems during the year. There were no reports of forced labor 
of Pygmies.
Section 6. Worker Rights
    a. The Right of Association.--The Constitution and Labor Code 
provide workers with the right to associate and form unions, and 
workers exercised this right in practice. Workers, except members of 
the security forces, which included police, gendarmerie, and armed 
forces, were free to join a union of their choice. Most workers in the 
formal wage sector were union members. Employers were prohibited from 
discriminating against employees who join unions. There were no 
reported firings for union activities; however, salaries were withheld 
from teachers who attempted to strike.

    b. The Right to Organize and Bargain Collectively.--The law allows 
unions to conduct their activities without interference, and the 
Government protected this right in practice. The law provides for 
collective bargaining, and this right was generally respected and 
practiced freely. However, collective bargaining was not widespread due 
to the severe economic conditions. The Government set industry-specific 
minimum wage scales; however, unions usually were able to negotiate 
higher wages for their members.
    The Constitution provides for the right to strike, subject to 
conditions established by law, and workers exercised this right. Unions 
were free to strike after filing a letter of intent with the Ministry 
of Labor, which began a process of non-binding arbitration under the 
auspices of a regional labor inspector from the Ministry. The letter of 
intent must include the strike date, at which time the strike legally 
may begin, even if arbitration is not complete. Employers have the 
right to fire workers if they do not give advance notice of a strike.
    There are no export processing zones.

    c. Prohibition of Forced or Compulsory Labor.--The Constitution 
prohibits forced or compulsory labor, including by children; however 
such practices occurred (see Section 5). Bantus reportedly 
discriminated against Pygmies in employment; however, during the year, 
Pygmy organizations reported that there was no system of forced labor.

    d. Prohibition of Child Labor and Minimum Age for Employment.--
Under the Constitution, children under age 16 are not permitted to 
work; however, in practice, this law generally was not enforced, 
particularly in rural areas and in the informal sector in cities, and 
child labor was a problem. Children worked with their families on farms 
or in small businesses in the informal sector without government 
monitoring or supervision. The Ministry of Labor, which is responsible 
for enforcing child labor laws, concentrated its limited resources on 
the formal wage sector where its efforts generally were effective.

    e. Acceptable Conditions of Work.--The minimum wage, which was 
approximately $100 (48,000 CFA francs) per month in the formal sector, 
did not provide a decent standard of living for a worker and family. 
High urban prices and dependent extended families obliged many workers, 
including teachers and health workers, to seek secondary employment 
beyond their principal employment, mainly in the informal sector.
    Regulations provide for a standard workweek of 7 hours per day, 6 
days a week with a 1-hour lunch break per day. There were no legal 
limits on the number of hours that could be worked per week. The law 
stipulates that overtime must be paid for all work in excess of 40 
hours per week; however, there is no legal prohibition against 
excessive compulsory overtime, which was decided in an agreement 
between employer and employee.
    Although health and safety regulations require twice yearly visits 
by inspectors from the Ministry of Labor, in practice such visits 
occurred much less regularly. Unions generally were vigilant in calling 
attention to dangerous working conditions; however, the observance of 
safety standards often was lax. Workers have no specific right to 
remove themselves from dangerous working conditions without 
jeopardizing their continued employment.

                               __________

                             COTE D'IVOIRE

    Laurent Gbagbo became the republic's third elected president in 
2000, ending an almost 10-month period of military rule. The election, 
which excluded two of the major parties, the Democratic Party of Cote 
d'Ivoire (PDCI) and the Rally for Republicans (RDR), was marred by 
significant violence and irregularities. The Supreme Court declared 
Gbagbo the victor with 53 percent of the vote. In September 2002, 
rebellious exiled military members and co-conspirators in Abidjan 
simultaneously attacked government ministers and military/security 
facilities in Abidjan, Bouake, and Korhogo. The failed coup attempt 
evolved into a rebellion, splitting the country in two and escalating 
into the country's worst crisis since independence in 1960. Rebel ``New 
Forces'' (NF), composed of Patriotic Movement of Cote d'Ivoire (MPCI), 
Ivoirian Popular Movement of the Greater West (MPIGO), and Movement for 
Justice and Peace (MPJ), retained control in Bouake, Korhogo, and the 
northern half of the country.
    In January 2003, the political parties signed the French-brokered 
Linas-Marcoussis Accord (``Marcoussis Accord''), agreeing to a power-
sharing national reconciliation government with rebel representatives. 
President Gbagbo appointed Seydou Diarra as the Prime Minister, and in 
March, Prime Minister Diarra formed a government of national 
reconciliation of 41 ministers. In July 2003, the National Armed Forces 
of Cote d'Ivoire (FANCI) and NF military signed an ``End of the War'' 
declaration, pledged their support for President Gbagbo, and vowed to 
work for the Marcoussis Accord and disarmament, demobilization, and 
reintegration (DDR). In September 2003, the NF suspended their 
participation in the national reconciliation government and the 
reunification committee and boycotted the DDR program, citing security 
concerns and slow implementation of the Marcoussis Accord. On February 
27, U.N. Resolution 1528 approved the U.N. Operation in Cote d'Ivoire 
(ONUCI) deployment of 6,000 peacekeeping troops, joining the French 
Licorne force of 4,000. At the end of February, the NF again suspended 
their participation in the DDR discussions stating that a date for the 
beginning of the real disarmament phase had not been determined jointly 
with the NF. Nevertheless, with the participation of U.N. Secretary 
General Kofi Annan and several African heads of state, President Gbagbo 
and the leaders of the seven main opposition parties (known as the G7) 
met in Ghana on July 29 and 30. The parties agreed to enact political 
reforms required by the Marcoussis Accords by August 31, amend Article 
35 of the Constitution concerning eligibility for the presidency by 
September 30, and begin DDR by October 15.
    In November, the Government attacked rebel bases in the north, 
breaking an 18-month ceasefire and sparking widespread civil unrest 
that resulted in numerous deaths and injuries. The threat of U.N. 
sanctions in the wake of the break of the ceasefire provided the 
impetus for legislative movement on some of the Marcoussis reforms. By 
December 23, Parliament had approved most of the Marcoussis legislative 
reforms but some were unacceptable to the opposition. By year's end, 
the country remained divided and DDR had not commenced. The NF rebels 
controlled the northern 60 percent of the country, while the Government 
controlled the slightly smaller but more populous south. The judiciary 
continued to operate slowly and to lack transparency, and remained 
subject to financial, executive branch, and other outside influences.
    Security forces under the Ministries of Defense and Territorial 
Administration include the Army, Navy, Air Force, Republican Guard, 
Presidential security force, and the Gendarmerie, a branch of the armed 
forces with responsibility for general law enforcement. The police 
forces are under the jurisdiction of the Ministry of Interior. There 
were major divisions within the military based on ethnic and political 
loyalties. Members of the military participated in seminars on human 
rights. The Government did not always maintain effective control of the 
security forces. There were numerous credible reports of instances when 
security forces acted independently of government authority. The 
Government and NF security officials committed numerous human rights 
abuses.
    The country, which has a population of 16.8 million, was generally 
poor but had a historically thriving modern sector. The largely market-
based economy was heavily dependent on commercial agriculture, 
characterized by smallholder cash crop production, especially of cocoa 
and coffee. After assuming power, the Gbagbo Government began repaying 
international arrears and adhering to a balanced budget, steps that led 
to the resumption of foreign aid and re-engagement with the Bretton 
Woods institutions; however, political instability, widespread 
corruption, and the lack of accountable executive and judicial branches 
deterred investors. The 2002 rebellion impeded commerce and brought 
investment to a virtual halt, as political uncertainty and the division 
of the country disrupted traditional trade arrangements and prompted 
international financial institutions to suspend their programs in the 
country. At year's end, the major international financial institutions 
resumed their consultations with the Government, although no 
disbursements were being made except World Bank humanitarian-related 
projects.
    The Government's human rights record remained poor; although there 
were some improvements in a few areas, serious problems remained. 
During the year, both the Government and NF committed serious abuses, 
and there were credible reports of pro-government death squad activity, 
extrajudicial killings, and disappearances. Security forces frequently 
resorted to lethal force to combat widespread violent crime and 
sometimes beat detainees and prisoners. The Government failed to bring 
perpetrators of most abuses to justice, and members of security forces 
operated with relative impunity. Prison conditions improved but 
remained harsh and sometimes life threatening. Arbitrary arrests and 
detention were common; numerous persons, including opposition members, 
journalists, and military officers, were detained for long periods 
without trial. The judiciary did not ensure due process. Police 
harassment and abuse of noncitizen African immigrants continued. 
Privacy rights continued to be restricted severely. State-owned media 
created an atmosphere of patriotism, nationalism, and xenophobia. The 
Government restricted freedoms of speech, press, assembly, and 
movement. The targeting of Muslims suspected of rebel ties diminished 
somewhat during the year. A U.N. International Investigation Committee 
investigated the violence of March 25-26 and a U.N. Human Rights 
Investigation Commission conducted an inquiry into human rights abuses 
committed since 2002. Discrimination and violence against women, abuse 
of children, and female genital mutilation (FGM) remained serious 
problems. There were incidents of violent ethnic confrontation; 
societal discrimination based on ethnicity remained a problem. Child 
labor as well as reports of forced child labor and trafficking in 
children and women also persisted.
    The NF's human rights record was extremely poor. The rebels in the 
north summarily executed persons, killed numerous civilians, 
arbitrarily arrested and detained persons, and conducted arbitrary ad 
hoc justice. Mass graves were found in rebel-held territory. In Bouake, 
the NF continued to operate the national television station and aired 
their leaders' speeches and deliberations. Citizens in the north were 
usually cut off from news aired in the south, although they were 
occasionally given access to the national radio and television programs 
broadcast in the south. Freedom of movement improved somewhat in rebel 
held territory. There were no reports that rebels forcibly conscripted 
persons during the year and unlike in previous years, there were fewer 
reports of the enrollment of children soldiers, and many were released. 
Rebels and mercenaries committed particularly grave abuses in the 
western region of the country and in the north.
                        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 extrajudicial killings, some of which were believed to be 
politically and ethnically motivated (see Section 1.g.). There were 
credible but unconfirmed reports that government-linked ``death 
squads'' and irregular forces (Liberian fighters, Liberian refugees, 
and civilians with ethnic ties to Liberia) committed extrajudicial 
killings. Security forces frequently resorted to lethal force to combat 
widespread crime. Rebel forces in the north also committed numerous 
extrajudicial killings (see Section 1.g.).
    There continued to be numerous reports of pro-government militia 
groups and some death squads operating in Abidjan during the year. 
Credible sources described ``hit lists'' of suspected rebels and rebel 
sympathizers circulated within secretive, loyalist security forces in 
Abidjan and other areas under government control.
    On March 25 and 26, in Abidjan, government forces used lethal force 
to suppress a demonstration by opposition parties to protest the 
Government's lack of progress in implementing the Marcoussis Accords. 
The G7 held the demonstration despite a presidential ban. During this 
time, government forces also sought out and attacked opposition 
supporters in Abidjan who were not at the demonstration. There were 
many conflicting reports on the number of killed and detained in 
connection with the march. According to police reports, 37 persons were 
killed and 205 were rounded up and then released after having been 
screened. The Ministry of Human Rights reported that 79 persons were 
killed and 137 wounded. A U.N. Commission of Inquiry reported that more 
than 100 persons were killed, more than 274 wounded, and 20 missing. 
The U.N. report characterized the events as a ``massacre in which 
summary executions, torture, disappearances, and arbitrary detention 
were repeatedly committed by units of the security forces and the 
parallel forces acting in coordination or in collusion with them.'' 
Most of the violence took place in persons' homes in the districts of 
Abobo, Koumassi, and Anyama, where many northerners and citizens of 
Mali and Burkina Faso lived. The violence in these areas accounted for 
63 percent of the deaths, 35 percent of the wounded, and 40 percent of 
the disappeared. The U.N. report noted that its figures were not 
comprehensive, but represented what the Commission was able to gather 
under difficult circumstances in the time available.
    During the March 25 and 26 clashes, 2 police officers were killed 
and 13 persons were arrested in connection with their deaths and 
detained at the Abidjan Arrest and Correction Center (MACA). They were 
visited and interviewed by the U.N. International Investigating team. 
They were provisionally released by May.
    During the year, one journalist was killed (see Section 2.a.).
    There were credible reports of more than 50 cases in which security 
forces used excessive force that resulted in deaths; such cases often 
occurred when security forces apprehended suspects or tried to extort 
money from taxi drivers and merchants. In one instance during the year, 
security forces shot persons while looting (see Section 1.f.). 
Authorities detained an increased number of police officers for using 
excessive force during the year.
    On January 9, at a routine police check, a truck driver who 
protested the confiscation of his vehicle's documents was shot and 
killed by a police officer in charge of regulating traffic. An 
investigation was opened to establish responsibility; however there 
were no developments in the investigation by year's end.
    The Minister of Human Rights issued a press statement condemning 
the human rights abuses, but the Government took no other action to 
punish those responsible.
    On March 20, two police officers shot and killed a driver near the 
market of Yopougon-Wassakara while chasing a suspect. The two officers 
were arrested and awaits trial at year's end.
    On August 7, at the Gesco corridor near Abidjan, a soldier shot and 
killed a street vendor and seriously injured a bus driver. The soldier 
tried to force a bus passenger to pay a bribe of $10 (5,000 CFA francs) 
and fired at the bus as it drove away. The military prosecutor opened 
an investigation to establish whether the soldier intended to kill. 
There were no developments in the investigation by year's end.
    On October 4, armed men in fatigues abducted a gardener and three 
other caretakers from the Abidjan house of opposition RDR party leader 
Alassane Ouattara. They killed the gardener and severely beat the 
others. RDR officials claimed that members of the Republican Guard were 
the perpetrators. The police have opened an investigation, which was 
ongoing at year's end.
    On February 12, police officer Zamble Bi Lizie was sentenced to 8 
years' imprisonment for the August 2003 murder of Doumbia Inza, a taxi 
driver.
    In February, police officer Baba was sentence to 5 year's 
imprisonment and dismissed from the force for the 2002 murder of taxi 
driver Khalilou Keita. The taxi drivers' union members were pleased 
because they reported that out of the 27 drivers killed by the police 
in the past, only 2 police officers had been tried and sentenced.
    The investigations into the security force killing of taxi driver 
Seydou Konere continued at year's end.
    The following 2003 cases remained outstanding at year's end: The 
May police shooting of Zougba Eustache Gogbeu; the July killing of an 
adult and child by alleged government soldiers in Doloa; the August 
shooting of farmer Konate Yaya; and the December shooting of 21 persons 
by police and gendarmes forces during an attempted break in the 
Ivoirian Television Radio (RTI).
    There were no developments in the reported 2002 killings by 
security forces.
    The Ministry of Justice declared the investigation in the 2000 
Yopougon massacre was at a standstill for lack of funds.
    On February 11, unidentified assailants beat a member of the PDCI 
National Secretary in charge of security.
    On June 23, approximately 50 persons wearing Federation of Ivoirian 
Students (FESCI), a student group dominated by Ivoirian Popular Front 
(FPI) supporters, T-shirts broke into the apartment of Ekissi Achy, 
Secretary general of the Ivoirian Communist Party in Yopougon. They 
ransacked the apartment and kidnapped Abib Dodo, secretary general of 
the youth section of the Communist Party. On June 29, Dodo's body was 
found on Cocody University campus. On the same day in Port Bouet 
unknown assailants beat Kouame Kouadio, also a member of the Communist 
Party. The Communist Party accused the FESCI of Dodo's death because 
Dodo had helped found a new student association, the General 
Association of School Children and Students of the Country.
    In the western part of the country, there were numerous credible 
reports of atrocities including killings, rapes, and looting, mostly by 
rebel forces (see Section 1.g.). There were reports of conflict between 
the native population and Burkinabe farmers, whom the natives expelled 
from their farms (see Section 5). Verification of all of these reports 
was difficult because of limited access.
    On June 2, violent demonstrations organized by young persons shook 
the town of Guiglo, in protest against the killing of Karim Fofana, a 
public transportation bus driver. According to the demonstrators, 
Fofune was killed by armed militiamen in fatigues who were threatening 
and harassing persons without any reaction from the local police, 
military, and administrative authorities.
    There were numerous incidents of ethnic violence that resulted in 
deaths (see Section 5).

    b. Disappearances.--There were several reports of disappearances 
during the year. Several members of the opposition, journalists, and 
ordinary citizens remained missing at year's end. For example, in 
February, 24 Heures, an independent newspaper reported that five men 
kidnapped Sylvain Kanga Codaly, a man working for the National 
Identification Office, in October 2003 for delivering national identity 
cards to members of the RDR and to noncitizens.
    In April, Guy Andre Kieffer, a Franco-Canadian freelance journalist 
disappeared in Abidjan. Michel Legre, the brother-in-law of the First 
Lady, was arrested in the case. In spite of the investigation 
undertaken by the police, French judges, his family, and Canadian 
authorities, Kieffer was still missing at year's end.
    Some persons reported missing later were found in the custody of 
security forces. In May, newspapers reported that an 18-year-old 
student who had been reported missing since April 24 was found on May 
3. Gendarmes arrested him during a round up for a suspected thief. The 
gendarmes forced him to work for them although his innocence was 
quickly established. A friend, an army officer, eventually recognized 
him and obtained his release.
    In May, newspapers also reported that Nadine Victoire Goudard and 
her children had been missing since September 2003. Her family reported 
that Goudard was active in politics and had received numerous death 
threats from unknown persons.
    On August 28, Amadou Dagnogo, a journalist for the pro-government 
newspaper L'Inter disappeared in Bouake, an area held by the NF. NF 
leaders had publicly threatened Dagnogo weeks before his disappearance.
    Several persons were reported missing after the March 25-26 
demonstration (see Section 1.a.).
    Several persons, including members of opposition parties, who 
disappeared in 2003 were Bionaho Mathias, a former member of the Union 
for Democracy and Peace in the country (UDPCI); University of Cocody 
student activist Mahe Hippolyte; youth RDR activist Mamadou Kone; and 
RDR activist Ibrahim Bakayoko; Nigerian businessman Garba Amadou 
Dougourikoye; prominent businessman Herve Pamah Coulibaly; PDCI party 
members Aboubacar Gbane; and his younger brother Soule Ouattara. There 
were no developments in these cases at year's end.
    Persons reported missing in previous years remained missing at 
year's end. Many, especially members of the opposition and RDR members 
in particular, reportedly had elected to remain in hiding to escape 
death squads and to prevent harassment of their relatives still in the 
country.

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The Constitution prohibits such practices; however, in 
practice security forces often beat detainees and prisoners to punish 
them or to extract confessions. Police officers forced detainees to 
perform degrading tasks under threat of physical harm. Police detained 
persons overnight in police stations where they often beat detainees 
and forced them to pay bribes (see Sections 1.d., 1.f., and 2.d.). 
Police also harassed persons of northern origin or with northern names 
(see Section 1.f.).
    There were numerous reports that police and gendarmes continued to 
harass, beat, extort, and commit other abuses with impunity.
    Members of the security forces continued to beat and harass 
journalists regularly (see Section 2.a.).
    There were several incidents during the year in which police used 
excessive or inappropriate force (see Section 1.a.).
    In February, the Ivoirian Human Rights Movement (MIDH) reported 
that on January 29, police tortured, degraded, and robbed 17 drivers 
who had placed posters on their vehicles about police racketeering.
    On March 17, police led a public transport mini-bus ``Woro-Woro'' 
driver to a police camp in Williamsville and beat him for refusing to 
give money to a police officer.
    On April 3 and 4, four police officers severely beat a police 
officer in front of a nightclub in Yamoussoukro. The officer had a 
disagreement with a nightclub owner who called the police. Although the 
victim informed the four police officers that he was also a police 
officer, they noted that he had a northern name and beat him, accusing 
him of being a member of the RDR.
    In May, plainclothes security forces stopped and searched a UDPCI 
member. Upon discovering a letter from the President of the UDPCI, the 
security drove him to the Banco forest and severely beat him.
    During the year, there were several reports that security forces 
conducted widespread neighborhood searches during which they beat and 
robbed residents (see Section 1.f.).
    Security forces remained on heightened alert for potential rebel 
infiltrators or active sympathizers, erected numerous roadblocks, and 
searched Abidjan neighborhoods, frequently during the nightly curfew. 
Individuals associated with opposition parties or rebellion leaders or 
believed to be sympathizers were subjected to increased harassment and 
abuse (see Sections 1.d. and 1.g.).
    Noncitizen Africans, mostly from neighboring countries, complained 
that they were subject to increased harassment by security forces, 
including repeated document checks, increased security force extortion 
and racketeering, violence, and frequent neighborhood searches (see 
Sections 1.f. and 2.d.).
    Police and security forces occasionally used excessive force to 
disperse demonstrations, including lethal force (see Section 1.a. and 
2.b.).
    There were no reported developments in the January 2003 police 
beating of Adama Kone or the July 2003 police beating of Kouao Heriri 
Julien Yao N'Cho.
    Youth groups who supported President Gbagbo conducted several 
violent attacks during the year (see Sections 1.a., 2.a., and 2.b.). 
For example, on March 9, hundreds of Young Patriots and FESCI students 
assaulted magistrates on the premises of the Palais de Justice in 
Abidjan to disrupt the presentation ceremony of the new President of 
the Appellate Court nominated by the Minister of Justice, who was a 
member of the RDR. Two magistrates were severely beaten while police 
looked on. The ceremony took place the following day under heavy police 
protection. In reaction, the three magistrates' unions suspended work 
until a special police unit was assigned to the protection of the 
Palais de Justice.
    Violent actions and threats against political opposition figures 
continued during the year. There were numerous reports that opposition 
leaders received death threats over the telephone and from armed men 
dressed in fatigues, and that armed men harassed family members. For 
example, on January 23, after being threatened by armed men, the former 
deputy mayor of Adjame and his family fled their house.
    During the night of November 4, before the beginning of the 
bombings by the army on the north (see Section 1.g.), the headquarters 
of the opposition PDCI in Abidjan was vandalized. Youths tried to set 
ablaze the headquarters of former President Henri Konan Bedie's party. 
At the same time, the offices of several opposition newspapers were 
completely ransacked (see Section 2.a.). On November 5 and 6, crowds of 
young patriots in Abidjan also ransacked and looted the headquarters of 
the opposition RDR and the houses of the Secretary General of the PDCI, 
of the son of PDCI President Henri Konan Bedie, and the houses of three 
RDR Ministers and one NF Minister.
    In the rebel-held part of the country, rebel military police 
operated with impunity in administering justice without legally 
constituted executive or judicial oversight (see Section 1.g.). The 
rebels often harassed and abused local citizens with impunity, often on 
the basis of ethnic background. Although there were fewer reports 
during the year, there continued to be reports that rebel forces beat 
persons who supported President Gbagbo and his FPI party. For example, 
during the year, there were reports that rebel soldiers tortured FPI 
party members in the zones under their control, regardless of their 
ethnic background.
    There were numerous incidents of ethnic violence during the year, 
some of which resulted in injuries, especially in the west and the 
south west (see Section 5).
    Conditions were poor and in some cases life threatening in the 
country's 33 prisons, largely because of inadequate budgets and 
overcrowding. In May, the main MACA prison housed approximately 6,000 
detainees; it was built for 1,500. In the A building, cells built for 
20 detainees housed 60. MACA was the country's biggest prison and 
conditions were notoriously bad, especially for the poor. Wealthy 
prisoners reportedly could ``buy'' extra cell space, food, and even 
staff to wash and iron their clothes. There were credible reports that 
prisoners frequently brutalized other prisoners for sleeping space and 
rations; however, there were no reports that guards brutalized 
prisoners. Doctors Without Borders (MSF) supplemented the prison 
system's inadequate medical facilities. Several small national and 
international charities also helped some prisoners. There were press 
reports of a flourishing drug trade and prostitution in the MACA. The 
daily food allowance per prisoner in the MACA was $0.12 (80 CFA 
francs), the cost of one serving of corn meal mush. In other prisons, 
the daily allowance was $0.18 (120 CFA francs). Families frequently 
supplemented the food ration and at some prisons inmates grew 
vegetables to feed themselves. The International Committee of the Red 
Cross (ICRC) helped feed prisoners with no family. During the year, to 
improve prison conditions, the Government changed the quality of the 
food served at MACA to rice, yams, and cassava twice a week, and 
kidneys beans on Sundays.
    Unlike in the previous year, there were no reports that prisoners 
died from malnutrition.
    There were two incidents in early November at Abidjan's main jail, 
MACA, in which prisoners were killed. The first incident was sparked by 
a lengthy water shortage; prisoners reportedly had not had water for 5 
days except for small rations of drinking water. At least 7 prisoners 
died and 30 were injured in the ensuing riots. U.N. human rights 
officials said they were investigating the riot and could not give a 
final death toll yet. Paramilitary police used tear gas and fired in 
the air to push back the detainees, but several escaped into nearby 
Banco forest, a large national park in the heart of the city. Shortly 
after this incident, when civil unrest broke out around Abidjan, some 
3,500 prisoners took advantage of the situation to escape from MACA. 
Security forces trying to stop the escape shot and killed 19 of the 
prisoners while wounding 66. More than 200 of the escapees have since 
returned to jail on their own or been arrested.
    Men and women were held separately in prisons. Male minors were 
held separately from adult men, but the physical barriers at the main 
MACA prison were inadequate to enforce complete separation. Prison 
conditions for women and children remained particularly difficult. 
Female prisoners were segregated in a separate building under female 
guard. There were continued reports that female prisoners engaged in 
sexual relations with wardens to get food and privileges. There were no 
health facilities for women. Pregnant prisoners went to hospitals to 
give birth and then returned to prison with their babies. Some women 
prisoners were pregnant before being jailed. The penitentiary accepted 
no responsibility for the care or feeding of the infants; the women 
received help from local NGOs. In May, the daily ruling party 
newspaper, Notre Voie, reported that out of the 94 women held in the 
women's section of MACA, there were 6 female minors.
    The 2003 BICE study on youths in prisons revealed that 576 males 
under 18 were held in the Center for Observation of Minors in Abidjan 
during the year. BICE also helped conduct physiological tests to 
determine the age of some inmates who had no identification papers. 
BICE taught juvenile prisoners trades, such as sewing, carpentry, 
gardening, house painting, and drawing.
    Pretrial detainees were held with convicted prisoners. In May, 
Notre Voie reported that out of 6,000 prisoners held in MACA, 1,876 
were pretrial detainees and were held with convicted prisoners.
    The Government permitted access to prisons by local and 
international NGOs including the ICRC, MSF, World Doctors, and 
International Prisons' Friendship. LIDHO and MIDH did not ask to visit 
prisons during the year.
    The rebels maintained detention centers, and during the year, the 
ICRC and the ONUCI human rights division local team were granted full 
access.
    There were credible reports that the rebels still killed prisoners, 
though less frequently due to improved conditions (see Section 1.g.).
    In March, the rebel forces in Man released eight army officers 
under the supervision of the ICRC. In December 2003, the NF released 40 
army officers in Korhogo and Bouake under the supervision of ICRC.

    d. Arbitrary Arrest and Detention.--The Constitution prohibits 
arbitrary arrest and detention; however, in practice arbitrary arrest 
and detention remained common.
    Police forces include paramilitary rapid intervention units such as 
the Anti-Riot Brigade and the Republican Security Company, and the 
plain-clothes investigating unit, Directorate for Territorial Security 
(DST). A central security staff collected and distributed information 
about crime and coordinated the activities of the security forces. 
Security forces frequently resorted to excessive force (see Sections 
1.a. and 1.c.).
    Poor training and supervision of security forces, the public's fear 
of pressing charges, and continued impunity of those responsible for 
committing abuses were problems. There were credible reports of a few 
disciplinary or legal actions against some police officers for 
mistreating suspects and arrestees as well as killing persons during 
the year (see Section 1.a.); while still uneven and inadequate, 
disciplinary action against police officers increased during the year. 
Security forces still did not face sanctions for confiscating or 
destroying noncitizens' identification papers.
    During the year, the Military Tribunal of Abidjan tried several 
police officers. For example, in January, police Master Sergeant Dago 
Sery Theodore was tried and sentenced to 17 years imprisonment for the 
murder of French journalist Christian Baldensperger (see Section 2.a.).
    In July, a soldier, Sebastien N'Dri, was charged with murdering a 
French peacekeeper in Yamoussoukro in June and awaited trial.
    There were no developments in the April 2003 incident in which two 
gendarmes were detained for extorting money from merchants or the June 
2003 incident in which seven military men beat merchants and stole 
money and goods from the market.
    In January and February, taxi, Woro-Woro, and bus drivers carried 
out a campaign against racketeering by police officers and gendarmes 
with support from the Ministry of Transport, the National Assembly, and 
the MIDH. The Government reduced the number of unofficial checkpoints, 
and there was a corresponding decrease in the number of shakedown 
incidents. However, in March following an increase in tension between 
the Government and the NF, the Council of Ministers recommended an 
increase in the number of checkpoints on the roads, which led to a rise 
in the number of unofficial checkpoints and shakedown incidents. There 
had been no further decrease by year's end.
    On August 27, the military Public Prosecutor, Ange Kessy, reported 
the arrests of a number of police and military personnel charged with 
racketeering. Kessy urged the victims of racketeering to file 
complaints. There were no prosecutions by year's end.
    During the year, the MIDH launched a national campaign against 
racketeering.
    Under the Code of Penal Procedure, a public prosecutor may order 
the detention of a suspect for 48 hours without bringing charges, and 
in special cases, the law permits an additional 48-hour period. 
According to members of the jurists' union, police often held persons 
for more than the 48-hour legal limit without bringing charges, and 
magistrates often were unable to verify that detainees who were not 
charged were released. A magistrate could order pretrial detention for 
up to 4 months but also had to provide the Minister of Justice with a 
written justification on a monthly basis for continued detention.
    The DST was charged with collecting and analyzing information 
relating to national security. The DST has the authority to hold 
persons for up to 4 days without charges; however, human rights groups 
stated there were numerous cases of detentions exceeding the statutory 
limit.
    Defendants do not have the right to a judicial determination of the 
legality of their detention. A judge may release pretrial detainees on 
provisional liberty if the judge believed that the suspect was not 
likely to flee.
    Although the law prohibits it, police restricted access to some 
prisoners. There were reports that police and the DST denied detainees 
access to a lawyer or to their families.
    There were many instances during the year in which gendarmes or 
other security forces arbitrarily arrested persons. National and 
international human rights groups were unable to give precise figures 
on detainees because authorities would not allow them to visit military 
installations where prisoners were held.
    Security forces continued to arbitrarily arrest merchants and 
transporters, often in conjunction with harassment and requests for 
bribes. There was no further information on several merchants arrested 
in 2002 who were detained at an unknown location without access to 
family or counsel.
    Police also detained journalists during the year (see Section 
2.a.).
    During the year, security forces continued to arrest and usually 
release persons of northern origins, RDR party members and officials, 
military men from the north, and some individuals thought to be loyal 
to former junta leader General Guei or close to the rebellion (see 
Section 2.b.).
    On March 18, Karim Ouattara and Zana Lamoussa Ouattara, both 
security agents at the RDR headquarters, were arrested and taken to an 
unknown destination. They were released following their party's 
intervention.
    In May, Emmanuel Sehoue Guei, spokesperson of the MPIGO, was 
arrested in Port Bouet and charged with trafficking counterfeit 
currency. Following the intervention of the NF and the executive 
committee of the G7 opposition parties, Guei was released on August 19 
without a trial.
    On July 16, two members of the RDR were seized in Abobo and 
transferred to the DST where they were denied contact with their 
families. They were released by year's end.
    On July 23, a gendarme arrested Captain Mamadou Toure, a retired 
Army officer and RDR deputy Mayor of Bouake, in Adjame and accused him 
of housing rebels in Bouake. Toure's family and RDR party members 
informed the ONUCI human rights division of his arrest, and Captain 
Toure was released on August 5.
    On July 24, the drivers of four vehicles were arrested in Saioua in 
the southwest while they were transporting cocoa and 75 passengers from 
Daloa to Abidjan. The soldiers alleged that they had a warrant from the 
President's office. The gendarmerie brigade in Saouia refused to detain 
the drivers arguing that there were no grounds for their arrest. The 
soldiers proceeded to take them to Daloa and then to Abidjan, to the 
President's office. The officers in charge of the security at the 
presidency and the commanders of the gendarmerie in Abidjan also 
refused to detain the men. Finally, the men were released at the end of 
July.
    In August 2003, more than 20 persons, including some opposition 
members, were arrested for collaborating with NF leader Sergeant 
Ibrahim Coulibaly (``IB'') in an alleged coup attempt. RDR officials 
accused the FPI of fabricating the coup plot as a ruse to arrest 
political opponents. The last two remaining in detention, Youssouf 
Ouattara and Anliou Sylla, were provisionally released on July 28.
    Local and international human rights organizations continued to 
report that security forces frequently made arrests without warrants 
and frequently held persons beyond the statutory limits without 
bringing charges. There were credible reports that the police and 
gendarmes detained persons in various military camps in Abidjan. Few of 
these detainees entered the civil justice system. There also were 
credible reports of forced confessions.
    Human Rights Watch (HRW) and Amnesty International (AI) reported 
that authorities made numerous arrests based on calls to a government 
hotline that denounced persons for unproven sympathies with the rebels 
or ``suspicious'' activity.
    Many inmates continued to suffer long detention periods in the MACA 
and other prisons while awaiting trial. A magistrate reported in May 
that more than 1,876 of the 6,000 detainees (31 percent) in the MACA 
prison were awaiting trial (see Section 1.c.). Despite the legal limit 
of 10 months of pretrial detention in civil cases and 22 months in 
criminal cases, some detainees were held in detention for many years 
awaiting trial.
    AI and other human rights organizations reported that in rebel-
controlled territory, the NF also arbitrarily arrested, mistreated, and 
detained many persons thought to be loyal to President Gbagbo or 
Sergeant Ibrahim Coulibaly.
    On June 20 and 21, following the attempted murder of MPCI Secretary 
General Guillaume Soro by rebels close to IB, hundreds of rebels and 
civilians suspected of being close to IB were arrested in Bouake and in 
Korhogo. They were all released on July 9, after the visit of the ONUCI 
investigation team.

    e. Denial of Fair Public Trial.--The Constitution provides for an 
independent judiciary; however, in practice the judiciary was subject 
to executive branch, military, and other outside influences. Although 
the judiciary was independent in ordinary criminal cases, it followed 
the lead of the executive in national security or politically sensitive 
cases. There were also credible reports that judges submitted to 
financial influence. The judiciary was slow and inefficient.
    On February 9, three members of the student group FESCI, were tried 
and convicted of assault and extortion of funds. The prison director 
released the students from MACA on February 16 upon the instructions 
given to him by the public prosecutor without informing the Minister of 
Justice, an RDR member. The Minister of Justice and the union of 
magistrates denounced their release and demanded that the students 
return; however, the students remained free at year's end.
    The formal judicial system is headed by a Supreme Court and 
includes the Court of Appeals, lower courts, and a Constitutional 
Council. The Constitution grants the President the power to replace the 
head of the Court after a new parliament is convened. In August 2003, 
President Gbagbo appointed the seven members of the Constitutional 
Council, without consultation with the Government. President Gbagbo 
tasked the Council with, among other things, the determination of 
candidate eligibility in presidential and legislative elections, the 
announcement of final election results, the conduct of referendum, and 
the constitutionality of legislation. Gbagbo named three advisors to 
the Constitutional Council for 3-year terms, three other advisors to 6-
year terms, and a president. At year's end, Tia Kone remained president 
of the Supreme Court.
    The law provides for the right to public trial, although key 
evidence sometimes was given secretly. The Government did not always 
respect the presumption of innocence. Those convicted have the right of 
appeal, and although higher courts rarely overturned verdicts, it has 
occurred. Defendants accused of felonies or capital crimes have the 
right to legal counsel. The judicial system provides for court-
appointed attorneys; however, no free legal assistance was available, 
except infrequently when members of the bar provided pro bono advice to 
defendants for limited periods.
    In rural areas, traditional institutions often administered justice 
at the village level, handling domestic disputes and minor land 
questions in accordance with customary law. Dispute resolution was by 
extended debate, with no known instance of resort to physical 
punishment. The formal court system increasingly was superseding these 
traditional mechanisms. The Constitution specifically provides for a 
Grand Mediator to bridge traditional and modern methods of dispute 
resolution. The President appoints the Grand Mediator, who since his 
nomination by the Bedie government has been Mathieu Ekra.
    Military courts did not try civilians. Although there were no 
appellate courts within the military court system, persons convicted by 
a military tribunal may petition the Supreme Court to set aside the 
tribunal's verdict and order a retrial.
    There were no reports of political prisoners. HRW and AI have said 
that political leaders detained after the September 2002 coup attempt 
were held primarily because of their opposition political views rather 
than hard evidence of involvement in the the coup should be considered 
political prisoners. The last of these detained political leaders were 
released in mid-2003.
    There was little available information on the judicial system used 
by the NF in the northern and western regions; however, there were 
several credible reports that rebels have executed suspected looters or 
members of rival factions on the spot without detention or trial in 
Korhogo and in Bouake in June.

    f. Arbitrary Interference with Privacy, Family, Home, or 
Correspondence.--The law provides for these rights; however, the events 
of 2002 triggered a widespread suspension of privacy rights. Officials 
must have warrants to conduct searches, must have the prosecutor's 
agreement to retain any evidence seized in the search, and are required 
to have witnesses to the search, which may take place at any time; 
however, in practice police sometimes used a general search warrant 
without a name or address. Police frequently entered the homes of 
northern citizens and noncitizen Africans (or apprehended them at 
large), took them to local police stations, and extorted small amounts 
of money for alleged minor offenses. Unlike in previous years, there 
were no reports that police searched the homes of journalists.
    There were credible reports that security forces continued to 
search opposition party officials' residences allegedly seeking weapons 
without search warrants. During the year, security forces continued to 
conduct neighborhood searches where they would enter several homes at 
the same time, usually at night looking for arms.
    In January and July several gendarmes and police in military 
vehicles entered Anyama, a suburb of Abidjan inhabited by northerners 
and citizens from Mali, Burkina Faso, and Guinea and looted and 
searched houses, beat and threatened residents, confiscated and 
destroyed identity documents, and stole money from residents. One 
resident was shot to death and others severely beaten. The Minister of 
Human Rights issued a press statement condemning the human rights 
abuses, but the Government took no other action to punish those 
responsible.
    No action was taken against security forces who forcibly entered 
residences in previous years.
    Security forces reportedly monitored private telephone 
conversations, but the extent of the practice was unknown. The 
Government admitted that it listened to fixed line and cellular 
telephone calls. Authorities monitored letters and parcels at the post 
office for potential criminal activity, and they were believed to 
monitor private correspondence, although there was no evidence of this. 
Members of the Government reportedly continued to use students as 
informants.
    Unlike previous years, security forces did not enter and destroy 
shantytowns near military installations in Abidjan in search of alleged 
arms and rebels. However, tens of thousands of persons remained 
displaced at year's end, and continued to live in inadequate social 
centers, were taken into the already crowded homes of friends or 
relatives, or left the country.
    There were numerous reports that rebels confiscated property and 
vehicles of those suspected to be loyal to President Gbagbo or of 
persons who had abandoned their houses following the rebellion. In 
addition, there were credible reports that NF military looted and 
occupied several missionary houses in Bouna, Tiebessou, and Bouake.
    After 2002 rebellion, in the northern towns of Bouake and Katiola, 
rebels monitored parcels for potential threats to their position; it 
was unknown if this practice continued.
    There were corroborated reports that the rebels forcibly 
conscripted locals to join their ranks. Those who refused reportedly 
disappeared. Many of the conscripts were youth or children, although 
there also were reports that many volunteered to join the rebels.
    g. Use of Excessive Force and Violations of Humanitarian Law in 
Internal and External Conflicts.--.There were numerous reports that 
pro-government death squads operated during the year.
    On November 4, the army carried out ``Operation Dignity'' and 
mounted surprise attacks on Bouake, stronghold of the NF and the 
largest city in the north, thus shattering an 18-month ceasefire. The 
Government cut off electricity and water supplies to the north the day 
before the attacks. They remained off for about a week.
    In Abidjan, loyalist mobs attacked unarmed U.N. personnel and 
burned two of their vehicles. Crowds also attacked the offices of at 
least three opposition newspapers, as well as the headquarters of the 
two main opposition parties and the homes of several senior opposition 
party members (see Sections 1.c. and 2.a.). On November 6, Licorne 
peacekeeping troops destroyed most of the air force on the ground in 
retaliation for a bombing of the French military base in Bouake, which 
left nine French peacekeepers and one foreign citizen dead. Serious 
unrest began in Abidjan and hate messages broadcast on state radio and 
television by the leaders of the FPI and the leaders of the Young 
Patriots fomented anti-French feeling. Thousands of irate citizens took 
to the streets, attacked homes, businesses, and schools of French 
citizens, other expatriates, and some citizens in Abidjan and 
elsewhere. More than 8,000 French and several thousand non-French 
expatriates fled the country.
    French troops moved into the city to secure major junctions, the 
bridges, the airport as well as the Hotel du Golf and the Hotel Ivoire 
where many French persons and opposition leaders and ministers had 
taken refuge. The French troops fired on several occasions, killing 
over 57 civilians and military personnel and injuring more than 1,300. 
In the rebel-controlled north, according to the NF, more than 80 
civilians were killed during the bombings in November.
    The collaboration of government forces and irregular forces created 
a climate of fear and impunity. However, there were no reported 
executions of suspected rebels and rebel sympathizers by security 
forces during the year. Abidjan police and security forces in search of 
rebel sympathizers, infiltrators, and arms caches continued to use 
lethal force in neighborhood sweeps against citizens with northern 
origins and African immigrants (see Section 1.a and 1.f.).
    There were no developments in the following 2003 security force 
killings: The January killing of Mamadou Ganame; the February killing 
of well-known television sitcom actor and RDR activist, Yerefe Camara; 
the February killing of Mory Fanny Crisse, an Islamic preacher; and the 
April killing of former student leader Maurovlaye Kener.
    There were no developments in the cases of security force killings 
after September 2002: Commander Aboubacar Dosso, aide-de-camp to RDR 
leader Ouattara; Adama Cisse, head of the RDR party in M'Bahiakro; 
Seydou and Lanzeni Coulibaly, related to RDR Deputy Secretary General 
Amadou Gon Coulibaly; Emile Tehe, president of the RDR-aligned Ivoirian 
Popular Movement party; and Benoit Dakoury-Tabley, medical doctor and 
brother of Louis Dakoury-Tabley, one of the political leaders of the 
rebel MPCI, now NF.
    There was no action taken regarding the death of former military 
junta leader General Robert Guei, his wife Rose, a son, his aide-de-
camp Captain Fabien Coulibaly, several army guards, and others in 2002. 
AI and HRW concluded that the deaths of Guei and his family were 
extrajudicial killings.
    There were no results released from the Government's investigation 
into the 2002 security force killings of more than 100 noncombatants in 
Daloa in evident reprisal against northerners living in the town and 
those suspected of assisting rebels. The Government publicly denied its 
involvement. The results also were not released in the Government's 
investigation into the 2002 death of 50 political party members and 
citizens.
    There were no investigations of the mass graves found in 2002.
    A U.N. Human Rights Investigation Commission conducted an inquiry 
into human rights abuses committed since September 2002; however, the 
report had not yet been published.
    Unlike in the previous year, there were no reports that the 
Government used gunship helicopters in attacks; however, a number of 
civilians were killed when the Government used aircraft to bomb rebel 
targets in the north in November.
    There were credible reports describing serious abuses committed by 
armed forces working in complicity or in coordination with youth groups 
in the central and western parts of the country. HRW reported that in 
many attacks on civilians by paramilitary groups in Daloa, Duekoue, 
Guiglo, and Monoko-Zohi, local villagers from ethnic groups close to 
the Government provided names of foreigners, RDR members, northerners, 
and other alleged rebel supporters to the security forces.
    Self-defense committees manned checkpoints with the assent of 
security forces and conducted summary executions of Burkinabe and other 
northerners accused of being rebels.
    On January 5, unidentified armed men in the village of Kahin, in 
Bongolo shot and killed three adults and killed three children with 
machetes, according to a French army spokesman. On January 7 in the 
same area, two foreign workers were killed and a third seriously 
injured. Authorities suspected the same group of unidentified men armed 
with rifles and machetes in both attacks. The victims included workers 
from neighboring Burkina Faso and Guinea.
    There were fewer reports that Liberian fighters were involved in 
attacks during the year. Most left the country in 2003. There was no 
investigation into the numerous abuses committed by Liberian fighters 
in 2003, including mass killings, rapes, and torture.
    Rebel groups were also responsible for numerous indiscriminate 
killings. Several human rights organizations described numerous 
extrajudicial killings by rebels, particularly by the western rebel 
group MPIGO. The rebels in the west targeted, beat, and sometimes 
killed gendarmes, government officials, and suspected FPI sympathizers, 
and committed sexual violence against girls and women, including rape 
and sexual slavery. However, the frequency of such incidents declined 
compared with previous years and most of the Liberian mercenaries who 
were involved in these incidents in previous years returned home during 
the year.
    On February 9, unidentified assailants dragged Adama Coulibaly, a 
rebel warlord in the city of Korhogo, out of a nightclub and shot and 
killed him.
    There were 2 civilians among the 20 persons killed in clashes 
between unidentified gunmen and Ivoirian and French soldiers near the 
village of Maminigui, Gohitafla on June 6 and 7. French peacekeepers 
captured 22 assailants and handed them over to the gendarmerie station 
at Bouafle.
    On June 20-21, following a murder attempt against the leader of the 
MPCI Guillaume Soro, Soro's supporters began fighting with supporters 
IB. At least 11 persons were killed and 20 injured in clashes near 
Bouake and Korhogo. ONUCI said in a statement in August that the U.N. 
investigation ``discovered and confirmed the existence of 3 mass graves 
containing at least 99 persons. Some of these persons were killed by 
bullets and others died from asphyxiation.'' According to the 
preliminary findings of a U.N. investigation, a number of persons were 
summarily executed, some held in detention in the Korhogo Territorial 
Company (CTK) prison, and some were held in detention in two 
containers. Some of the released prisoners stated that approximately 60 
prisoners died from suffocation in 1 of the containers. On July 1, the 
local rebel authorities opened the civil prison upon the arrival of the 
U.N. investigating team and transferred 39 prisoners there previously 
held in detention at the CTK prison. On July 9, all the prisoners were 
released.
    During the year, following the outbreak of the leadership struggle 
between Guillaume Soro and Sergeant Coulibaly for the control of the 
rebellion, there were numerous reports of killings and atrocities 
committed against the rebels and on civilians suspected of supporting 
either side in Korhogo and in Bouake.
    There was no investigation into the numerous abuses committed by 
rebels in 2003, including summary executions, killings, rape, beatings, 
and looting. There was no further investigation into the mass graves 
discovered.
    No action has been taken against rebels who committed abuses in 
2002. In 2002, rebels targeted and killed Interior Minister Emile Boga 
Doudou and attempted to kill then-Defense Minister Lida Kouassi. Rebels 
also killed Colonel Yode, Director of the Army Engineers in Abidjan; 
Dally Oble, Commander in Korhogo; and Dago Loula, Commander in Bouake. 
No government or NF investigation was conducted in the 2002 executions 
of 60 gendarmes and 50 of their sons in Bouake, who were detained 
before their executions and whose bodies were found in mass graves.
    On July 11, a newspaper reported that Kouassi Kouame, a bus driver 
from Bouake, had been missing since the beginning of the rebellion in 
2002. The rebels reportedly arrested the driver along with pro-
government gendarmes.
    French peacekeepers were also killed and injured during the year. 
For example, on June 25, a French soldier, Kevin Ziolkowski was shot in 
the back as he was patrolling with colleagues in a military vehicle in 
Yamoussoukro. The solder accused of shooting him was still awaiting 
trial at year's end (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 the press, and the Government restricted these 
rights in practice. The 2002 rebellion triggered significant self-
censorship and a deterioration of press freedom. However, there were 
private newspapers that frequently criticized government policy. 
Members of the security forces continued to harass and beat 
journalists. Outspoken members of the press continued to receive death 
threats and suffer physical intimidation from groups aligned with the 
ruling FPI party. The ``Young Patriots,'' supporters of President 
Gbagbo, continued to destroy opposition newspapers and threaten vendors 
in several regions. Journalists continued to practice self-censorship.
    On March 19, PDCI Deputy Secretary General Maurice Kacou Guikahue 
and Vice President of the PDCI youth group Jan Claude Atse received a 
summons from the gendarmerie research brigade for allegedly stating 
``one should shorten President Gbagbo's term in office'' during a 
political rally. President Gbagbo instructed the Minister of Justice to 
initiate legal action against Guikahue for making the statement. No 
further actions were taken by year's end.
    The media played a critical role in inflaming tensions, even before 
the 2002 rebellion. In 2003, the U.N. Special Humanitarian Envoy and 
Agence France Press criticized the media for sending ``messages of 
hatred'' and creating a climate of hostility. During the November 4-10 
events, state radio and television repeatedly broadcast hate messages 
aimed at the French. The Young Patriots urged citizens to mobilize in 
the streets.
    The National Press Commission was meant to enforce regulations 
relating to the creation, ownership, and freedom of the press. The only 
remaining government-owned daily newspaper, Fraternite Matin, which had 
the greatest circulation of any daily, rarely criticized government 
policy. There were a number of private newspapers. Newspapers often 
ceased publication and were supplanted by others due to strong 
competition, a limited audience, and financial constraints. Many 
newspapers were politicized, sometimes resorting to fabricated stories 
to defame political opponents. The law requires the ``right of 
response'' in the same newspaper, thus newspapers often printed 
articles in opposition to an earlier article. In December, a new press 
law passed the National Assembly that established new rules for the 
creation of newspapers, including an investigation of the good morality 
of the promoter, a duly registered rental contract or property 
ownership title, and the first and last names, as well as the parents' 
names of the printing company legal representative.
    Because of low literacy rates, radio was the most important medium 
of mass communication. Newspapers and television were relatively 
expensive. The government-owned broadcast media company, RTI, owned two 
major radio stations; only the primary government radio station 
broadcast nationwide. Neither station offered criticism of the 
Government; both government-owned stations frequently criticized 
opposition parties and persons critical of the Government. There were 
approximately 50 community radio stations authorized under government 
regulations. They had limited broadcast range and were allowed no 
foreign language programming, no advertising, and only public 
announcements limited to the local area. Some of the stations did not 
broadcast for lack of resources. The private radio stations, except for 
Radio Nostalgie, had complete control over their editorial content. The 
Government monitored Radio Nostalgie closely because the major 
shareholders of the company were close to RDR president Ouattara. 
National broadcast regulations forbade the transmission of any 
political commentary.
    Four major private international radio stations operated: Radio 
France Internationale (RFI), the British Broadcasting Company (BBC), 
Africa No. 1, and Radio Nostalgie, which was considered a local 
station. These stations broadcast in Abidjan only, except for RFI, 
which broadcast to the north and center of the country. The RFI, BBC, 
and Africa No. 1 stations all broadcast news and political commentary 
about the country.
    In accordance with a U.N. Resolution, the ONUCI undertook actions 
to start operating a radio channel in the country. On July 19, the 
Government granted ONUCI one of RTI's frequencies to broadcast in 
Abidjan, and on August 10, the station began broadcasting. In December, 
ONUCI radio started to broadcast in Daloa in the south west and Bouake 
in the center.
    On March 25, the day of the march organized by the G7 opposition 
parties (see Section 1.a.), the programs of all the international 
radios were cut off for several days on the FM band in Abidjan without 
explanation. Agence France-Presse quoted an RFI spokesperson stated 
that the transmitter cutoff was not due to technical reasons but was 
``probably deliberate,'' given the ``tension'' in the city.
    In May the National Audio-Visual Communication Council sanctioned 
RFI by forbidding it to broadcast its programs for 1 day, due to a 
broadcast that the U.N. blamed the Government for the violence during 
the protest on March 25 and 26. The next day RFI resumed normal 
broadcasting. From November 4 to 24, BBC, RFI, and Africa No. 1 were 
prevented from broadcasting from Abidjan due to sabotage of their 
equipment.
    The Government owned and operated two television stations (RTI 1 
and RTI 2) that broadcast domestically produced programs. Only one 
broadcast nationwide. Neither station criticized the Government, but 
they frequently criticized the opposition or persons who opposed the 
government's actions, including foreign countries and foreign 
governments. However, criticism of the opposition was reduced when 
President Gbagbo reinstated Minister of State and Minister of 
Communication Guillaume Soro in office in August. From November to 
year's end, the criticisms resurfaced when the Presidency replaced the 
official director general of the two television and radio stations with 
an FPI journalist to ``manage the information relating to the November 
crisis.''
    There were two satellite television broadcasters: One French (Canal 
Horizon/TV5), and one South African (DS TV). They did not broadcast 
domestically produced programs. During the year, the Government did not 
receive or accept any applications to establish privately owned 
domestic television stations.
    On January 22, a military court found police Master Sergeant Dago 
Sery Theodore guilty of the October 2003 murder of French journalist 
Christian Baldensperger, a RFI reporter and French citizen who wrote 
under the name ``Jean Helene.'' Theodore was sentenced to 17 years 
imprisonment. Sery appealed the judgment, and the appeal was pending at 
year's end.
    On November 7, French Licorne forces in Duekoue, in the West, 
killed Antoine Masse, an English teacher and correspondent of Le 
Courrier d'Abidjan, a private daily newspaper close to President 
Gbagbo, as he was standing with villagers who were blocking the road to 
prevent passage of the French soldiers.
    There were several reports that security forces beat and harassed 
journalists. For example, on January 16, Minister of Vocational 
Education Youssouf Soumahoro detained and confiscated equipment from 
two journalists for the private daily Le Courrier d'Abidjan who were 
covering a student demonstration in which students invaded Soumahoro's 
office. Reporters Without Borders insisted that the Minister return the 
seized equipment. The equipment was later returned.
    On January 31, presidential guards severely beat a photographer in 
Yamoussoukro when they learned that he was working for the opposition 
newspaper Le Patriote and two other journalists who attempted to come 
to his aid. On February 16, President Gbagbo ordered the release of the 
photographer; however, he was not released immediately.
    During the March 25 and 26 protest, the Committee to Protect 
Journalists (CPJ) reported that several journalists and media workers 
were harassed. For example, police arrested and beat journalist Dembele 
Al Seni and reporter and photographer Agbola Mesmer, both working for 
the private pro-opposition daily Le Patriote. They were later released. 
Republican Guard detained and beat Kady Sidibe, a photographer working 
for Le Patriote, while Sidide covered a demonstration in Treichville, 
in southern Abidjan.
    Gendarmes brutally attacked Guira Safi, Soumahoro Vamara, and Kone 
Malick, respectively copy editor, driver, and webmaster for the private 
pro-opposition daily Le Liberal Nouveau, at a roadblock during an 
interrogation.
    Presidential guards threatened Habiba Dembele, a reporter for the 
state-owned television station TV2, and Drame Lancine, a TV2 cameraman, 
with death for filming the arrest of protestors.
    Police arrested journalist Laurent Banga and his cameraman, Joseph 
Konan. They were detained for several hours before being released 
without charge.
    On March 30, the CPJ wrote to President Gbagbo to complain about 
the attacks against journalists by security forces and the censoring of 
news outlets during the March 25 and 26 events. The CPJ encouraged the 
Government to take measures to ensure that journalists can safely 
report on problems of public concern.
    The Young Patriots continued to destroy independent and opposition 
newspapers in several regions of the country and to threaten newspaper 
vendors. In July, Edipresse, the national newspaper distributing 
company, stopped sending any newspapers to Gagnoa, President Gbagbo's 
home region, because the Young Patriots were forcibly preventing pro-
opposition newspapers (Le Patriote (pro-RDR), Le Liberal (pro-RDR), Le 
Front (pro-RDR), Le Jour (independent), 24 Heures (independent), and le 
Nouveau Reveil (pro-PDCI) from being sold in that region, by attacking 
the vehicles and the drivers transporting those newspapers and by 
removing them from newsstands. A few weeks later Edipress resumed 
sending newspapers to Gagnoa.
    The Young Patriot campaign to block distribution of pro-opposition 
newspapers increased and spread throughout government-held territory. 
Then in November, following the collapse of a ceasefire agreement 
between government and rebel forces, gangs of youth militias reportedly 
linked to the ruling FPI party attacked the offices of opposition 
media. On November 4, more than 100 armed youths attacked the offices 
of opposition newspapers Le Patriote, 24 Heures, Le Nouveau Reveil, and 
Le Liberal Nouveau, looting and destroying equipment and documents. 
These newspapers ceased publishing for several weeks because of the 
damage to their premises and equipment. The Media Foundation of West 
Africa and, RSF noted that on 26 October, unidentified individuals had 
threatened vendors in Abidjan, warning them not to carry copies of 
these newspapers.
    On November 19, the Minister of Human Rights Victorine Wodie 
denounced these actions.
    After the November 4 events, Edipresse stopped distributing eight 
opposition newspapers in government-held territory citing security 
concerns--the four whose offices had been attacked and also Le Front, 
Ivoire Matin, Le Journal des Journeaux, and Le Jour Plus. On December 
2, a court order compelled Edipresse to start distributing opposition 
newspapers again.
    Several journalists continued to receive threats during the year 
from unknown persons. For example, on June 11, following the 
publication in Fraternite Matin of an article very critical of 
President Gbagbo and the Government, the author received telephone 
death threats.
    There also were several reports during the year that foreign 
journalists were subjected to government harassment and intimidation. 
For example, in April, Guy Andre Kieffer, a Franco-Canadian journalist 
working for the French-based newspaper La Lettre du Continent, has been 
missing since April 16 (see Section 1.b.). Baudelaire Mieux, a local 
journalist working for the Associated Press and a friend of Kieffer's 
started to receive threatening telephone calls. Mieux left the country.
    Since the killing of Jean Helene in 2003 and the disappearance of 
Guy-Andre Kieffer on April 16, many western journalists concerned about 
their security relocated to other parts of West Africa. France 2 
channel transferred to Dakar and RFI closed its office in Abidjan.
    No action was taken against members of the security forces or youth 
groups loyal to President Gbagbo who beat and harassed journalists 
during the year, in 2003, or in 2002.
    The Government exercised considerable influence over the official 
media's program content and news coverage, using them to promote 
government policies and criticize the opposition. Much of the news 
programming during the year was devoted to the activities of the 
President and government officials. Minister of Communications Soro 
frequently complained that the Government has not freely accorded 
television airtime to opposition party members, including himself.
    Following the 2002 rebellion, the Government gradually reduced 
press freedoms in the name of patriotism and national unity. On June 8, 
FPI Acting Minister of Communication Alphonse Douati, issued an 
administrative notice announcing censorship of the state media to 
``ensure the protection of state interests and safeguard republican 
institutions.'' The notice indicated that in dealing with the 
information relating to the attacks on the positions of the FANCI in 
Gohitafla, in the center west, and in Ity in the west, the treatment of 
the certain issues must be submitted for approval to the cabinet of the 
Minister: Any defense and security information concerning the attack in 
June; any statement made by the political parties on the subject, as 
well as the statements made by the rebel movements; any live 
intervention, statement, or debate, relating to the security of the 
State; and the guide program drawn up at the end of the editorial staff 
meeting, when it includes subjects dealing with the security of the 
State. To enforce these measures, the notice announced the designation 
of two journalists at the radio and at the television stations to 
prevent the broadcasting of news likely to endanger the security of the 
country. Following this notice, all news reporting from government-
owned media solely reflected the viewpoint of the ruling party.
    The law authorizes the Government to initiate criminal libel 
prosecutions against officials. In addition, the State may criminalize 
a civil libel suit at its discretion or at the request of the 
plaintiff. Criminal libel was punishable by from 3 months to 2 years in 
prison.
    On March 31, Gaston Bony, publisher of a private newspaper, le 
Venin, and main speaker on the community radio station in Agboville, 
the Agneby Voice, was tried and sentenced to 6 months' imprisonment and 
fined $930 (500,000 CFA francs) in a libel suit. His newspaper had 
published an article that the Mayor of Agboville had embezzled $5,570 
(3 million CFA francs) of the radio station's grant.
    While there was still self-censorship in the press, some newspapers 
were significantly more critical of presidential and government actions 
than in the previous year. Independent daily newspapers and opposition 
party dailies frequently examined and called into question the 
government's policies and decisions.
    In rebel-held territory, rebels broadcast from Bouake and aired 
their own programming, which included radio shows that were heard in 
towns and villages around Bouake and, according to some reports, in the 
political capital, Yamoussoukro. In the western part of the country, 
MJP rebels also broadcast on a local radio station around Man. At 
year's end, the NF were occasionally allowing the broadcast of 
government television or radio programs in their zones. The NF also 
allowed distribution of all pro-government papers and most independent 
newspapers in their territory.
    In the rebel-held zones, rebel forces also beat, harassed, and 
sometimes killed journalists. On February 11, while traveling in Vavoua 
to report on the redeployment of the administration in the zones under 
rebel control, rebel forces arrested a Fraternite Matin correspondent. 
He was held prisoner for 5 hours and prevented from traveling by the 
warlord Kone Zakaria.
    On February 14, two regional correspondents of Fraternite Matin, 
Youssouf Sylla and Diallo Mohamed stated that they were leaving Bouake 
due to daily telephone death threats.
    In rebel-controlled Bouake, the correspondent of independent daily 
l'Inter disappeared from August to October. He later reported that in 
August rebels detained and tortured him for 5 days, and then he went 
into hiding until October because of continued threats from the rebels 
(see Section 1.b.).
    There were no developments in the 2003 arrest of journalist Zabnl 
Kovkovgnon.
    The Government did not restrict access to or distribution of other 
electronic media.
    The Government limited academic freedom through its proprietary 
control of most educational facilities, even at the post-secondary 
level. A presidential decree required authorization for all meetings on 
campuses.
    Many prominent scholars active in opposition politics retained 
their positions at state educational facilities; however, some teachers 
and professors suggested that they have been transferred, or fear that 
they may be transferred, to less desirable positions because of their 
political activities. According to student union statements, security 
forces continued to use students as informants to monitor political 
activities at the University of Abidjan.
    Members of the pro-Gbagbo FESCI undertook a number of violent 
actions to further their political goals, particularly to disrupt the 
work of officials appointed by opposition ministers and to intimidate 
other students (see Section 1.c.). On January 14, FESCI students 
protested against the Minister of Technical Education's, a New Forces 
member, decision to replace the Directors of the vocational and 
technical schools. The students harassed and beat the new Director, and 
destroyed administrative documents.
    On January 16, approximately 100 FESCI students forced their way 
into the Minister of Technical Education's office and destroyed it. 
Several of the Minister's aides were injured. French and U.N. 
peacekeepers stopped the students and assisted the Minister. 
Approximately, 30 demonstrators were arrested.
    On May 18, FESCI members forced their way into the French 
International Mermoz high school, attacking the students and a teacher. 
The school guards and the police succeeded in dispersing the FESCI 
students. Following the incident, the French Embassy closed French 
schools in Abidjan for several days.
    On June 7, during the payment of students' scholarships on the 
University of Cocody campus, members of FESCI demanded that members of 
National Trade Union of Health Science Students (SYNESS) pay $28-47 
(15,000-25,000 CFA francs) from their scholarships to FESCI. When they 
refused, the members of FESCI responsible for collecting dues violently 
attacked the leaders of SYNESS. FESCI members then ransacked the rooms 
of the health science students, blocked their access to the schools and 
hospitals for training, and threatened to kill SYNESS leaders if they 
protested. On June 14, the Secretary General of SYNESS wrote a letter 
to the Government and to various foreign Embassies, requesting 
protection during the payment of scholarships and compensation for the 
physical and material damages; however, no further action was taken by 
year's end.

    b. Freedom of Peaceful Assembly and Association.--The Constitution 
allows for freedom of assembly; however, the Government sometimes 
restricted this right in practice. Groups that wished to hold 
demonstrations or rallies were required by law to submit a written 
notice of their intent to the Ministry of Security or the Ministry of 
Interior 3 days before the proposed event. No law expressly authorizes 
the Government to ban public meetings or events for which advance 
notice has been given in the required manner. In practice, the 
Government prohibited specific events deemed prejudicial to the public 
order; even if authorization was granted, it later could be revoked.
    There were numerous demonstrations during the year. There were few 
instances of police forcibly dispersing demonstrations, when the 
demonstrators supported the ruling party; generally they allowed the 
demonstrations to proceed. However, security forces on occasion used 
excessive force to disperse demonstrators.
    In March, a day after the G7 parties announced their decision to 
organize a march at the plaza of the Republic, President Gbagbo issued 
presidential decree banning all demonstrations in the capital from 
March 11 until April 30. He also signed a decree mobilizing the 
military to deploy forces throughout the city, citing fears that 
opposition groups were ``plotting a coup.'' Commanders of the armed 
forces decreed that the area around the presidential palace would be 
considered a ``red zone'' in which demonstrators would be considered 
``enemy fighters and treated as such without warning.''
    On March 25, the Government used lethal force to suppress a march 
held by opposition parties and also sought out and killed opposition 
supporters who did participate in the demonstration (see Section 1.a.).
    On June 8, the Young Patriots attacked French citizens and ONUCI 
peacekeepers in Abidjan, damaging 30 U.N. vehicles. In addition, the 
demonstrators looted and destroyed several vehicles and wounded about 
40 French citizens. The demonstrators accused ONUCI and French 
peacekeepers of conspiring with rebels who earlier attacked positions 
of the armed forces in the central western region of the country. 
Authorities strongly condemned the demonstrations, which forced the 
closure of all French schools in the country. There were no reports of 
arrests.
    No action was taken against security forces who used excessive 
force to disperse demonstrations in previous years.
    Unlike in the previous year, there were no demonstrations held by 
persons with disabilities during the year.
    On June 16, the gendarmerie of Sinfra arrested three local leaders 
of the RDR's Youth Section in Konifla for holding a meeting. Two of the 
persons arrested were released shortly after their arrest. However, 
Adama Fofana, the local secretary general, was kept in detention, and 
released on June 18, following the announcement of his arrest in 
newspapers.
    In NF-controlled territory, there were numerous demonstrations 
throughout the year, usually organized by the MPCI and in support of 
the NF and against President Gbagbo.
    The Constitution provides for freedom of association and the 
Government generally respected this right in practice. The Government 
allowed the formation of political parties, trade unions, professional 
associations, and student and religious groups, all of which were 
numerous.
    All parties and NGOs must register with the Ministry of Interior 
before commencing activities. To obtain registration, political parties 
had to provide information on their founding members and produce 
internal statutes and political platforms or goals consistent with the 
Constitution. There were no reports that the Government denied 
registration to any group, but processing rarely was expeditious. There 
were more than 100 legally recognized political parties, 7 of which 
were represented in the National Assembly (see Section 3). The 
Constitution prohibits the formation of political parties along ethnic 
or religious lines; however, in practice ethnicity and religion were 
key factors in some parties' membership (see Sections 2.c. and 5).
    Loyalists of President Gbagbo's FPI party had youth patriot groups 
with thousands of members in Abidjan neighborhoods and in towns and 
cities throughout southern, central, and western regions. The common 
factors with these groups were that they were linked to President 
Gbagbo and the FPI, were anti-French, anti-``foreigner'' and anti-
Marcoussis Accord. Gendarme and army officers led some groups in 
physical training. Belligerent patriot groups rallied in neighborhoods, 
called for ``armed resistance'' and hassled and intimidated residents 
and merchants. There were persistent reports that some patriot groups 
had arms or had ready access to arms. The Presidency sponsored some of 
these groups, tolerated others, but did not have complete control over 
some of them.
    There continued to be reports that presidency-supported militias 
harassed and assaulted peasant farmers, many of whom were migrants from 
other West African countries. According to HRW, most of the militia 
members are Bete (the ethnic group of President Gbagbo) or members of 
groups related to Bete.
    On August 15, members of the Patriotic Grouping for Peace (GPP), an 
organization banned by the Government at a Council of Ministers meeting 
in October 2003 for its violent activities, invaded the Marie Therese 
Institute, a state women's vocational training school in Abidjan and 
turned it into a military training camp for young hardline supporters 
of President Gbagbo. On occasions, members of the GPP also bullied and 
extorted funds from the numerous vendors working in the neighborhood, 
accusing them of being infiltrated by rebels. In spite of requests made 
by the Minister of Family, Women, and Children in charge of the Marie 
Therese Institute, the Minister of Security or the Government did not 
take any action to expel the members of the GPP from the school, and at 
year's end, GPP members continued their activities in Abidjan's Adjame 
district.

    c. Freedom of Religion.--The Constitution provides for freedom of 
religion and the Government generally respected that right. However, 
after 2002, the Government targeted persons perceived to be 
perpetrators or supporters of the rebellion, who often were Muslim. 
Strong efforts by religious and civil society groups have helped 
prevent the crisis from becoming a religious conflict. The targeting of 
Muslims suspected of rebel ties diminished somewhat during the year.
    There was no state religion; however, for historical as well as 
ethnic reasons, the Government informally favored Christianity, in 
particular the Roman Catholic Church. Catholic Church leaders had a 
stronger voice in government affairs than their Islamic counterparts, 
which led to feelings of disenfranchisement among some Muslims. The 
Government restructured the cabinet after the Marcoussis Accord, and at 
least 12 of the 41 ministers, along with the Prime Minister, are 
Muslims.
    Unlike in the previous year, there were no reports that security 
forces killed Muslim leaders.
    Following the conflict in 2002 and during the year, there were 
credible reports of military and security forces committing abuses, 
including reprisal killings, against presumed rebel sympathizers, which 
included many Muslims (see Section 1.g.). Unlike during the previous 
years, there were no reports that government forces and unknown 
assailants linked to the Government detained and questioned Muslim 
leaders. There were no reports that persons were beat or detained 
solely on religious grounds.
    The law requires religious groups desiring to operate in the 
country to register; however, registration was granted routinely.
    Although nontraditional religious groups, like all public secular 
associations, were required to register with the Government, no 
penalties were imposed on groups that failed to register.
    Members of the country's largely Christianized or Islamic urban 
elites, which effectively controlled the State, generally were 
disinclined to accord to traditional indigenous religions the social 
status accorded to Christianity and Islam.
    Some Muslims believed that their religious or ethnic affiliation 
made them targets of discrimination by the Government with regard to 
both employment and the renewal of national identity cards. As northern 
Muslims shared names, style of dress, and customs with several of the 
country's predominantly Muslim neighboring countries, they sometimes 
were accused wrongly of attempting to obtain nationality cards 
illegally to vote or otherwise take advantage of citizenship. This 
created a hardship for a disproportionate number of Muslim citizens.
    There have been several reports of violence and increased 
Christian/Muslim tensions, generally in the north and west regions.
    Relations between Muslims and Christians, specifically Catholics, 
improved during the year. In January, to celebrate the New Year, 
leaders of all major religious groups and the Minister of Religion met 
within the Forum of Religious Groups, an NGO-inspired, 
interdenominational gathering. In April an interfaith memorial service 
was held in Abidjan to mourn those killed during the March 25 and 26 
demonstrations. Religious leaders continued to attend each other's main 
religious celebrations, setting an example of reconciliation for their 
respective communities.
    There were some societal discrimination against Muslims and 
followers of traditional indigenous religions (animists).
    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 
specifically for these rights, and the Government restricted freedom of 
movement during the year. The Government generally did not restrict 
internal travel; however, security forces and water, forestry, and 
customs officials frequently erected and operated roadblocks on major 
roads, where they demanded that motorists or passengers produce 
identity and vehicle papers and regularly extorted small amounts of 
money or goods for contrived or minor infractions. Extortion was 
particularly high for those intending to travel north from government-
controlled areas to NF territory.
    During the year, security forces or local civilian ``self defense 
committees'' erected numerous roadblocks and harassed and extorted 
travelers, commercial traffic and truckers, foreigners, refugees, and 
others; however, there were fewer such reports by year's end (see 
Sections 1.a. and 1.d.). Uniformed forces and civilian committees 
demanded payment at each roadblock, sometimes reportedly beat and 
detained those who could not pay. Persons living under NF authority 
regularly faced harassment and extortion when trying to travel between 
towns, and to the government-controlled south. Local military 
authorities regularly sold passes required of travelers. Security and 
defense forces also victimized northerners when they tried to cross 
into the zone under government control. Due to the closure of banks in 
the north at the onset of the crisis, northerners were forced to cross 
into the south and back to conduct all banking business, including 
collecting remittances (upon which many northerners depend). Government 
workers in the north must also travel into the south to collect their 
salaries. The cost of either paying the way through the various 
barricades or hiring a money runner to do so was substantial.
    There were cases during the year when members of the opposition 
were victims of police harassment at the airport. There were also cases 
when foreigners were prevented from traveling between the north and the 
south.
    On April 18, Adama Tounkara, RDR Mayor of Abobo, was arrested but 
not detained after his arrival at Port Bouet airport in Abidjan. An 
officer informed him that the police superintendent of the airport 
wanted to keep his computer. The airport police superintendent 
confirmed having received instructions from the Director General of the 
DST via the Chief of Staff of the Minister of Security. The Minister of 
Agriculture, who was traveling with Mayor Tounkara, instructed the 
officials to let Mr. Tounkara leave the airport with his computer.
    On May 18, President Gbagbo required government ministers to get 
his approval for travel out of the country. On May 23, the PDCI 
Minister of Industry and Promotion of the Private Sector, Ahoussou 
Kouadio, was held briefly at Port Bouet airport by a police officer who 
informed him that he had received orders from the President not to let 
him leave the country. The police officer also informed the Minister 
that he had received instructions from the Director General of the 
Police to seize his passport. Although the Minister was carrying a 
mission order signed by the Secretary General of the Government on 
behalf of President Gbagbo, he had to cancel his trip.
    On May 29, seven buses coming from Burkina Faso destined for Guiglo 
were stopped in Duekoue and sent back. The buses were carrying 
Burkinabe and Malian passengers. Security forces at the checkpoint in 
Duekoue told the passengers that citizens of Burkina Faso and Mali were 
not authorized to travel in the zone under government control.
    On June 9, at a checkpoint in Tiebissou in the zone under 
government control, FANCI forces stopped 20 buses carrying 
approximately 1,500 passengers from Mali and Burkina Faso. Many of them 
were residents of Cote d'Ivoire who were going back to Divo, Meagui, or 
Gagnoa where they had cocoa plantations. The group was held for several 
days. Some returned to their countries of origin, and some were 
successful in crossing into government territory. On June 17, the NF 
wrote to the Presidents of Mali and Burkina Faso to inform them that 
according to NGOs, in 9 days the FANCI had sent back 1,907 Burkinabe 
and 139 Malian passengers, in violation of the African Charter on the 
Freedom of Movement of People and Goods.
    The Marcoussis Accord required that a revised citizen 
Identification and Naturalization Law be enacted within 6 months to 
settle citizenship and naturalization questions. At year's end, an 
identification and naturalization law had been passed but in a form 
unacceptable to the opposition. The Marcoussis Accord also declared 
that the residence permit program for foreign residents should be 
replaced. The residence permit program for foreigners had not been 
replaced by year's end.
    The Constitution specifically prohibits forced exile, and no 
persons were exiled forcibly during the year. However, due to the 
numerous death threats that they received at the outbreak of the 
rebellion, and that they kept receiving after each major event, several 
members of the RDR, including the President of the party, former Prime 
Minister Alassane Ouattara, as well as members of other opposition 
parties were still in exile in Europe or in neighboring African 
countries.
    During the year, there were still large numbers of internally 
displaced persons (IDPs) in the country, a direct result of the crisis 
that began in 2002. Rebel forces and forces loyal to the Government did 
not generally target civilians, but the fighting forced many persons to 
flee the zones of conflict, and others simply felt uncomfortable in the 
side of the divided country that they found themselves in initially. 
The U.N. Office for the Coordination of Humanitarian Affairs (OCHA) 
estimated that as many as 1 million persons were displaced initially, 
of whom perhaps half (300,000 Burkinabe, 150,000 Malians, and 50,000 
Guineans) were foreign residents who left by early 2003 but have been 
returning or attempting to return to their former communities of origin 
in northern and western parts of the country. Local authorities has 
blocked some who have tried to go back to their villages and fields in 
government-held territory, claiming that it would be unsafe to do so 
because of ``security concerns.'' Road blocks and toll collection 
points have made it difficult for civilians to move in both sides of 
the country.
    There are perhaps as many as half a million IDPs who in many cases 
fled from the NF held north to the government-held south. This exodus 
was particularly evident in the country's second largest city, Bouake, 
where a pre-crisis population of over 500,000 was estimated at only 
300,000. Many of these displaced persons were living with family and 
friends in Abidjan and other large towns. At year's end, there were 
still approximately 300,000 IDPs in the country. Most of the IDPs were 
in urban areas but were in smaller towns. These IDPs were invisible, 
but have placed heavy burdens on host communities, especially given the 
prolonged nature of the crisis. Government assistance, especially in 
the north where civil servants and infrastructure were not in place, 
did not meet the needs of these IDPs. International and local NGOs were 
working to fill the gap.
    There is a specific group of IDPs who were resident in the two 
``official'' IDP camps located near Guiglo. These are the 4,000 
Burkinabe who fled the fighting near Blolequin, west of Guiglo. Due to 
the ethnic tensions between the local Guere population and these 
persons of Burkinabe descent (many were born in the country but never 
sought or received citizenship), these IDPs have been unable to return 
to their villages or fields. The international community, with the 
approval of the Government, provides assistance to these IDPs, but 
little or no effort has been made to solve the underlying ethnic 
tensions, based mainly on land tenure issues, that prevent them from 
going home. It was generally acknowledged that the conditions in the 
camp are poor compared with the 8,000 Liberian refugees in the nearby 
Nicla refugee camp (``Peacetown''), since the refugee camp is 
maintained according to stricter U.N. High Commissioner for Refugees 
(UNHCR) standards for housing, water, sanitation, health services, 
education, etc. Article 12 of the Constitution provides for the 
granting of asylum or refugee status to persons in accordance with the 
1951 U.N. Convention Relating to the Status of Refugees or its 1967 
Protocol, and the Government has established procedures for providing 
such protections. The Government provided protection against 
refoulement, the return of persons to a country where they feared 
persecution, and granted refugee and asylum status. A new law that went 
into effect on May 3 provides asylum seekers or refugees with legal 
status, including the right to work. The Government also cooperated 
with the UNHCR and other humanitarian organizations in assisting 
refugees, and maintained an office charged with assisting refugees and 
other stateless persons. According to the director of this office, 
during the year the Government granted refugee status to approximately 
80 individuals and continued to work on determination of the status of 
the 50,000 Liberians who arrived in the west of the country in May 
2003.
    The Government also provided temporary protection for individuals 
who may not qualify as refugees under the 1951 Convention/1967 
Protocol. There were an estimated 67,000 refugees in the country, the 
vast majority of whom were Liberians. During the year, the Government 
continued to admit new Liberian refugees, and before the November 
bombings there were about 70,000 Liberian refugees. Approximately 1,000 
Liberians went back to Liberia along with 10,000 Ivoirians in the wake 
of the attacks.
    Various West African governments complained about the harassment 
their citizens faced in the country. The U.N. and other international 
organizations documented abuses against foreigners in Abidjan that 
included arbitrary arrest, beating, and theft of money and valuables. 
These complaints diminished during the year, and there were no large-
scale of departures by foreigners due to harassment.
    Although the Government maintained a policy of according refugee 
status, individual security officers often did not honor identity 
documents issued to refugees by the UNHCR. There were frequent reports 
that security officers stopped refugees to ask for identity documents. 
When the refugee produced only a UNHCR document, the security officers 
often also demanded money. There also were credible reports that 
security forces destroyed refugees' identity documents, arbitrarily 
detained, and occasionally beat refugees. The identity card law 
included provision for the issuance of identity cards to refugees; 
according to the director of the government office for assisting 
refugees and stateless persons, the Government has started the process 
of issuing these cards.
    During the year, the Government continued to repatriate citizens 
who took refuge in Mali after the rebel takeover of the north.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The Constitution provides for the right of citizens to change their 
government peacefully through democratic means; however, significant 
violence and irregularities marred presidential and legislative 
elections held in 2000. The Constitution and Electoral Code provide for 
presidential elections and legislative elections every 5 years by a 
single and secret ballot. The Constitution, which was formally 
implemented in 2000, also continues the tradition of a strong 
presidency.
    The 2000 presidential elections followed several postponements and 
a controversial Supreme Court decision disqualifying 14 of the 19 
candidates, including all of the PDCI and RDR candidates. RDR leader 
Ouattara was excluded from running in the presidential and legislative 
elections following the Supreme Court's ruling that he had not 
demonstrated conclusively that he was of Ivoirian parentage. The 
Constitution includes language that is considered more restrictive than 
the Electoral Code on questions of parentage and eligibility 
requirements for candidates. Furthermore, the Court maintained that 
Ouattara had considered himself a citizen of Upper Volta (Burkina Faso) 
earlier in his career. The Court also disqualified Emile Constant 
Bombet, PDCI candidate and former Interior Minister, because of pending 
charges of abuse of office when he was Minister, and former President 
Bedie, who also was president of the PDCI party, because he did not 
submit the required medical certificate.
    As a result of the Supreme Court decision, most international 
election observers declined to monitor the election. The nationwide 
participation rate was 33 percent, and some polling places, especially 
in the north, closed early because of the lack of voters. Preliminary 
results showed that Gbagbo was leading by a significant margin. 
However, on October 24, 2000, Daniel Cheick Bamba, an Interior Ministry 
and National Elections Commission (CNE) official, announced on national 
radio and television that the CNE had been dissolved and declared 
General Guei the victor with 56 percent of the vote. Thousands of 
Gbagbo supporters protested, demanding a full vote count. Mass 
demonstrations resulted in numerous deaths and injuries, and on October 
25, 2000, national radio and television reported that General Guei had 
stepped down.
    The 2000 National Assembly election was marred by violence, 
irregularities, and a very low participation rate. Largely because of 
the RDR boycott of the elections to protest the invalidation of 
Ouattara's candidacy, the participation rate in the legislative 
election was only 33 percent. In addition, the election could not take 
place in 26 electoral districts in the north because RDR activists 
disrupted polling places, burned ballots, and threatened the security 
of election officials.
    Following the legislative by-elections in 2001, 223 of the 225 
seats of the National Assembly were filled: The FPI won 96 seats, the 
PDCI 94 seats, the Ivorian Worker's Party (PIT)4 seats, very small 
parties 2 seats, independent candidates 22 seats, and the RDR (in spite 
of its boycott of all of the legislative elections) 5 seats. The two 
seats from Kong, where Ouattara planned to run, remained unfilled as 
the RDR, the only party running in that electoral district, boycotted 
the elections.
    Citizens' ability to elect subnational governments was limited. The 
State remained highly centralized. At the level of the region (regional 
prefect), the department (prefect), and the district (sub-prefect), the 
Government appointed office holders. Other departmental and community 
officials, including mayors, were elected, as were some traditional 
chieftains. Subnational governments relied on the central government 
for most of their revenues, but mayors had autonomy to hire and fire 
community administrative personnel.
    In 2002, the country held its first departmental (provincial) 
elections. Voters selected 58 departmental councils to oversee local 
infrastructure development and maintenance as well as economic and 
social development plans and projects. The elections were fraught with 
poorly administered distribution of voter cards, widespread voter 
intimidation, and other irregularities.
    Following the Marcoussis Accord in January 2003, President Gbagbo 
and Prime Minister Diarra formed a reconciliation government with 
ministers from all major political parties and the three ex-rebel 
parties. Of the 41 portfolios, the FPI maintained 10 ministerial posts; 
the PDCI, RDR, and MPCI 7 posts each; UDPCI and PIT 2 posts each; and 
MPJ, Movement of Forces for the Future, Democratic and Citizen Union, 
and MPIGO 1 post each. The Ministers of Defense and Security, named in 
September 2003 after several months of deadlocked negotiations, were 
neutral and not formally associated with any political party.
    In April 2003, President Gbagbo issued a decree listing the powers 
and duties of the new Prime Minister. The 16 duties include: 
Disarmament; the reestablishment of the territorial integrity of the 
country; the liberation of prisoners of war; the reformulation of 
defense and security forces; an amnesty for all those detained or 
exiled for actions against the state; the reestablishment of normal 
economic, social, and administrative functions; the reform of the 
naturalization process; the preparation of the organizational framework 
for the conduct of future elections; the regulation and promotion of a 
free and neutral media; the reinsertion of military units previously 
demobilized; and application of laws related to human rights.
    On August 9, as mandated by Accra III, President Gbagbo issued 
another decree regarding the duties of the Prime Minister, which 
included: Definition of the national reconciliation policy in 
accordance with Marcoussis Accord, translation of policy on a national 
reconstruction program, coordination of relations with development and 
financing agencies, assurance of implementation of the Government's 
policy on DDR, and preparation of a schedule for free and fair 
elections. This decree was meant to legalize the Prime Minister's 
abilities to carry out the Marcoussis Accord free of interference from 
the President.
    In December, the National Assembly also made changes to the 
Nationality Code and adopted a Special Law on Naturalization, 
legislation that was envisioned by the Marcoussis Accord to resolve the 
dispute over which persons born in Cote d'Ivoire of foreign parents 
before 1972 should be entitled to citizenship, and to simplify 
procedures to obtain citizenship for this group and for foreigners 
married to citizens. The legislation that was eventually passed 
resolved the citizenship question for those born before 1960, but not 
for those born between 1960 and 1972.
    The youth wings of political parties were allowed to organize and 
were active. The youth wing of the governing FPI party (JFPI) was a 
less of a political force than in previous years. JFPI activity was 
ongoing; however, youth patriot groups conducted most activities during 
the year (see Section 2.b.). Many of the members of the JFPI were 
likely members of some of these patriot groups. During the year, 
militia groups such as the Young Patriots and the GPP drew large crowds 
at demonstrations in Abidjan and elsewhere (see Section 2.b.). The 
youth wings of the PDCI and RDR kept a low profile, especially after 
the killings of 120 members of the opposition at the G7 March 24-25 
demonstration that was violently repressed by the defense and security 
forces (see Section 1.a.), but staged some low profile activities 
during the year.
    Government corruption and lack of transparency remained a serious 
problem during the year. It was common for judges open to financial 
influence to distort the merits of a case. Corruption has the greatest 
impact on judicial proceedings, contract awards, customs, and tax 
issues.
    Women held 19 of 225 seats in the National Assembly. The first vice 
president of the National Assembly was a woman. Women held 7 of the 41 
ministerial positions in the cabinet. Of the 41 Supreme Court justices, 
4 were women. Henriette Dagri Diabate served as Secretary General of 
the RDR, the party's second ranking position, and was also the Minister 
of Justice.
    Following the Marcoussis Accord, at least 12 of the 41 ministers 
were Muslim, along with the Prime Minister. In the National Assembly, 
44 out of 223 Members of Parliament were Muslim.
Section 4 Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    A number of domestic and international human rights groups, 
including LIDHO, MIDH, Justice Action, and the Committee of Victims of 
Cote d'Ivoire, generally operated without government restriction, 
investigating and publishing their findings on human rights cases. 
Government officials were somewhat cooperative and responsive to their 
views. The Government occasionally met with some of these groups. 
During the year, members of MIDH received death threats on several 
occasions.
    During the year, LIDHO, MIDH, and other human rights groups 
gathered evidence and testimony on events. They also frequently 
published letters and statements in certain independent local daily 
newspapers that publish them, often criticized state security forces. 
MIDH officials stated that they were constantly threatened and that two 
members went into hiding for several months after receiving death 
threats following MIDH's reporting on French radio RFI of government 
actions during the March 25 and 26 events. Subsequently, in December, 
the president of MIDH went into hiding after MIDH released a report on 
the November events that criticized the actions of pro-government 
demonstrators. Authorities said they would investigate the incident, 
but there were no reports of an investigation or arrests in the 2003 
ransacking of MIDH's offices at year's end.
    There were no reports that the Government suppressed international 
human rights groups or denied them visas; however, on occasion the 
Government has restricted their access to certain areas that the 
Government deemed sensitive and often denigrated their work.
    During the year, the Government regularly permitted access to the 
World Food Program (WFP), the ICRC, and other international 
humanitarian organizations. Eleven U.N. agencies, including the 
International Labor Organization (ILO) and the World Health 
Organization (WHO), were resident and active throughout the year.
    Local newspapers covered reports by several international human 
rights organizations that were critical of both the Government's and 
the rebels' human rights records.
    In April, a U.N. International Investigation Committee came to the 
country to look into the violence of March 25 and 26. In July, a five-
member independent commission appointed by the U.N. began a 2-month 
investigation into human rights violations committed since the 2002 
rebellion, throughout the country. In July, a special U.N. team 
confirmed the existence of mass graves in Korhogo (see Section 1.g.).
Section 5 Discrimination, Societal Abuses, and Trafficking in Persons
    The Constitution and the law prohibit discrimination based on race, 
ethnicity, national origin, sex, or religion; however, in practice 
women occupied a subordinate role in society. Ethnic discrimination and 
division were problems.
    In February, Mr. Doudou Diene, Special Rapporteur of the U.N. Human 
Rights Commission on Racism, Racial Discrimination, Xenophobia, and 
Intolerance carried out a 12-day investigation in the country. After 
visiting several parts of the country and meeting with political 
parties; the Government; the New Forces; and the representatives of 
ethnic, religious, and spiritual communities, Mr. Doudou Diene said 
that the country did not have a tradition of xenophobia but was 
entering a xenophobic dynamic.

    Women.--Representatives of the Ivoirian Association for the Defense 
of Women (AIDF) and other NGOs active in the field of the protection of 
women or the promotion of non-violence stated that spousal abuse 
(usually wife beating) occurred frequently and often led to divorce. 
Female victims of domestic violence suffered severe social stigma and 
as a result often did not discuss domestic violence. The courts and 
police viewed domestic violence as a family problem unless serious 
bodily harm was inflicted, or the victim lodged a complaint, in which 
case they could initiate criminal proceedings. However, a victim's own 
parents often urged withdrawal of a complaint because of the shame that 
affected the entire family. The Government did not collect statistics 
on rape or other physical abuse of women. The Civil Code prohibits, and 
provides criminal penalties for, forced or early marriage and sexual 
harassment, but contains nothing about spousal abuse, and the 
Government had no clear policy regarding spousal abuse.
    During the year, women's advocacy groups continued to protest the 
indifference of authorities to female victims of violence. The groups 
also reported that victims of rape or domestic violence often were 
ignored when they attempted to bring the violence to the attention of 
the police. AIDF and the Republican Sisters, another women's NGO, 
continued to seek justice on behalf of rape victims but had made no 
progress by year's end. AIDF ran a house for battered girls and wives, 
which reportedly received approximately 18 battered women per week in 
2003. MIDH provided legal, medical, and psychological assistance to 
battered women.
    During the year, the Ministry of Women, Family, and Children's 
Affairs undertook to convince the mayors of the 10 districts of Abidjan 
to open and maintain permanent psychological assistance centers in the 
city halls for battered women and children. The Ministry also tried to 
get the mayors of eight large towns to open similar centers. By year's 
end, the Minister of Women, Family, and Children had been able to open 
up three centers in the districts of Yopougon, Treichville, and Abobo.
    During the year, the National Committee in charge of Fighting 
against Violence against Women and Children of the Ministry of Women, 
Family and Children's Affairs continued to receive women and child 
victims of violence. According to an employee of the Ministry, the 
National Committee received approximately 10 victims every week. Most 
of them were battered women from the populous districts of Yopougon, 
Abobo and Adjame. Some of the victims were young girls from Dabou or 
Port Bouet, trying to escape FGM or forced marriage, and some were 
young maids who were victims of abuses. The National Committee of the 
Ministry had a hotline for social and psychological assistance. The 
Committee helped women to stay with relatives and informed the husbands 
of the legal actions that may be taken for wife beating. If the husband 
agrees to stop spousal abuse, the wife returned home, and a Committee 
member monitored the situation through frequent visits. Young girls who 
feared becoming a victim of FGM or forced marriage or maids who were 
victims of abuse may appeal to the Committee, which then arranged for 
the victim to stay in a center run by an NGO such as the BICE or in one 
of the district social centers run by the Ministry of Solidarity and 
Social Security. By threatening the parents with legal action, the 
Committee usually succeeded in stopping the abuse and in improving the 
child's situation.
    FGM was a serious problem. The law specifically forbids FGM and 
imposes on those who perform it criminal penalties of imprisonment for 
up to 5 years and a fine of approximately $690 to $3,800 (360,000 to 2 
million CFA francs); double penalties apply to medical practitioners. 
In August, the National Committee in charge of Fighting against 
Violence against Women and Children had arrested an FGM practitioner 
who was preparing to perform FGM on four girls in Yopougon Km 7, in 
Abidjan. The legal counsel of the Ministry initiated legal action 
against the practitioner by referring the matter to court; there was no 
update on the case at year's end. In August, the Committee had another 
FGM practitioner arrested in Port Bouet, Abidjan.
    FGM was practiced most frequently among rural populations in the 
north and west and to a lesser extent in the center and south. The 
procedure usually was performed on young girls or at puberty as a rite 
of passage, with techniques and hygiene that did not meet modern 
medical standards. According to WHO and the AIDF, as many as 60 percent 
of women have undergone FGM. Many families in cities went back to their 
villages to have their daughters circumcised. The practice was 
declining in popularity, but persisted in many places. In July, the 
National Committee for the Fight Against Harmful Traditional Practices 
adopted more efficient strategies to combat FGM including raising the 
awareness of traditional chiefs, the creation of a permanent executive 
board, and the training of victims who could in turn sensitize the 
families of potential victims. In July, the Madinani Theater Company 
continued its sensitization campaign in Abidjan through plays.
    During the year, the Djiguiba Foundation of Imam Cisse Djiguiba, 
Iman of the Plateau Mosque, Director of the Moslem radio, and Al 
Bayane, continued a sensitization campaign against AIDS, FGM and forced 
marriage, through public conferences held in Abidjan, Yamoussoukro and 
Dabou. On September 8, the Cisse Djuguiba Foundation held a training 
seminar in Abidjan for members of civil society that featured prominent 
gynecologists. In addition to the sensitization campaigns, when asked, 
members of the Djiguiba Foundation visited families to help family 
heads understand that FGM and forced marriages were not Muslim 
practices. According to a Djguiba Foundation member, in many cases, the 
Djiguiba Foundation succeeded in stopping the procedure. In mosques in 
Abidjan, imams have started to ask young brides if they agreed to get 
married before performing weddings.
    In July, a newspaper reported that a young woman name Nman Toure 
had disappeared in May 2003 from her home in Tiassale, in the south. 
Her father reportedly wanted to force her to marry an older cousin.
    Prostitution is not illegal as long as it occurs between consenting 
adults in private. Soliciting and pandering are both illegal and the 
police sometimes enforced the law. Women from nearby countries 
sometimes were trafficked into the country, including for prostitution 
(see Section 5, Trafficking).
    The Constitution and the law prohibit discrimination on the basis 
of sex; however, women occupied a subordinate role in society. 
Government policy encouraged full participation by women in social and 
economic life; however, there was considerable informal resistance 
among employers to hiring women, whom they considered less dependable 
because of their potential for pregnancy. Some women also encountered 
difficulty in obtaining loans, as they could not meet the lending 
criteria established by banks such as a title to a house and production 
of a profitable cash crop, specifically coffee and cocoa. Women in the 
formal sector usually were paid at the same rate as men (see Section 
6.e.); however, because the tax code did not recognize women as heads 
of households, female workers frequently paid income tax at a higher 
rate than their male counterparts. In rural areas, women and men 
divided the labor, with men clearing the land and attending to cash 
crops such as cocoa and coffee, while women grew vegetables and other 
staples and performed most household tasks.
    Women's advocacy organizations continued to sponsor campaigns 
against forced marriage, marriage of minors, patterns of inheritance 
that excluded women, and other practices considered harmful to women 
and girls. Women's organizations also campaigned during the year 
against the legal texts and procedures that discriminated against 
women. During the year, the Coalition of Women Leaders continued its 
efforts to promote greater participation of women in decision-making. 
In July, the Coalition went to the Accra III conference to try to 
influence decisions on resolution of the crisis.

    Children.--The Ministries of Public Health and of Employment, 
Public Service, and Social Security sought to safeguard the welfare of 
children, and the Government also encouraged the formation of NGOs such 
as the Abidjan Legal Center for the Defense of Children.
    The Government strongly encouraged children to attend school; 
however, primary education was not compulsory. Primary education was 
tuition free but usually ended at age 13. In principle, students do not 
have to pay for books or fees; however, in practice some still must do 
so. In addition, they must pay for some school supplies, including 
photocopying paper. In at least one school, students had to bring their 
own bench to sit on. Poverty caused many children to leave the formal 
school system when they were between the ages of 12 and 14. Research in 
2002 showed that 67 percent of children 6 to 17 years old attend 
school: Boys 73 percent, girls 61 percent. The WFP has worked with the 
Government to establish a countrywide system of school canteens that 
provided lunches for $.04 (25 CFA francs).
    Secondary school entrance was restricted by the difficulty of the 
exam, which changed each year, and the Government's inability to 
provide sufficient spaces for all who wished to attend. A student who 
fails the secondary school entrance exams does not qualify for free 
secondary education, and many families cannot afford to pay for 
schooling. Parental preference for educating boys rather than girls 
persisted, particularly in rural areas. The Minister of National 
Education stated that almost one-third of the female primary and 
secondary school dropout rate of 66 percent was attributable to 
pregnancies.
    Many of the sexual partners of female students were teachers, to 
whom girls sometimes granted sexual favors in return for good grades or 
money. The penalty for statutory rape or attempted rape of either a 
girl or a boy aged 15 years or younger was a 1- to 3-year prison 
sentence and a fine of $190 to $1,900 (100,000 to 1 million CFA 
francs).
    The Ministry of Health operated a nationwide network of clinics for 
children, infants, and prenatal care staffed with nurses and doctors 
who served the local residents, whether citizens or noncitizens, free 
or at low cost. The Health Ministry also conducted a nationwide 
vaccination program for measles, yellow fever, meningitis, and other 
diseases and publicized ``well baby'' contests. Rotary Clubs sponsored 
a polio vaccination campaign throughout the country. There were no 
reported differences in the treatment of boys and girls.
    In a study released in March 2003, the NGO SOS Sexual Violence 
surveyed 500 schoolchildren in Abidjan and its suburbs and reported 
that 27 percent of children had been victims of sexual abuse; 74 
percent of the victims were girls and 26 percent boys. Approximately 33 
percent had been raped, 15 percent had been the victims of attempted 
rape; 42 percent had been fondled, and 11 percent were victims of 
sexual harassment. When the sexual abuse occurred in the family, 54 
percent of the assailants were male cousins, 11 percent were female 
cousins, 5 percent were guardians, and 3 percent were the brothers and 
sisters.
    FGM was commonly performed on girls (see Section 5, Women).
    There were reports of trafficking in children (see Section 5, 
Trafficking).
    A knowledgeable U.N. representative reported that in government-
held territory, it was common for pro-government militias to recruit 
children, both on a voluntary and a forced basis.
    Child labor remained a problem (see Sections 5, Trafficking and 
6.d.).
    There were large populations of street children in the cities. In 
2002, the government newspaper, Fraternite Matin, reported 215,000 
street children in the country, of whom 50,000 were in Abidjan. 
According to numerous credible reports, some children were employed as 
domestics and were subject to sexual abuse, harassment, and other 
mistreatment by their employers (see Section 6.d.). No new figures of 
the number of street children were available for the year, but 
according to the BICE, the number of street children decreased because 
the streets were no longer safe. Since the outbreak of the 2002 
rebellion the crime rate has increased due to the numerous arms 
circulating in the country. However, the number of children and more 
specifically, the number of young girls working in the streets, has 
increased. Because of the political military crisis, many families, 
including many displaced families, have become poor and relied on their 
children who work as street vendors to bring money home. A forum of 15 
NGOs worked with approximately 8,000 street children in training 
centers, similar to halfway houses. The NGOs paid the children a small 
subsistence sum while teaching them vocational and budgeting skills. 
The Ministry reported that many street children were reluctant to stay 
in training centers where they earned no money and were subject to 
strict discipline.
    In the NF-controlled north and west, many schools continued to 
operate in 2003 despite the Ministry of Education's opposition to 
funding schools in rebel-held territory zones. UNESCO and UNICEF called 
on the Government to keep the schools open to reduce youth inactivity 
and curb their recruitment into rebel forces. In February, following 
pressure from school children's parents, the NF and international 
organizations such as UNICEF and UNESCO, the Ministry of Education 
finally agreed to send inspectors to assess the courses delivered by 
the volunteers under the supervision of the state teachers who had 
remained in rebel-controlled territory. The Minister of Education 
allowed exams to be held in the rebel-held territory and validated the 
2003 school year.
    During the year, the school year started late in the center and in 
the north, because many teachers refused to go back to their posts as 
they feared for their security and their homes had been destroyed. In 
September, the National Committee in charge of the Redeployment of the 
Administration in rebel-controlled territory announced that the 
redeployment of the administration had been completed in the west and 
that the Government planned to carry out the same operation in the 
north. The administrative buildings were being repaired and the 
teachers and other civil servants had started to return when the 
bombings on the center and the north occurred on November 4-6. As a 
result, many civil servants again left the rebel-controlled zones and 
the exams to validate the 2004 school year had not yet been held by 
year's end.
    UNICEF has reported that in the NF-controlled territory, most 
hospitals have been closed for 2 years, there were very few doctors and 
nurses, and virtually no routine vaccinations. Fifteen cases of polio 
have been reported during the year, and the November bombings forced 
the Ministry of Health to twice postpone the national polio 
immunization campaign targeted at 5.1 million children. A nationwide 
measles vaccination campaign for 8.8 million children was also 
postponed.
    There were credible reports that the rebel forces that controlled 
the north and the west used child soldiers. NGOs reported that in the 
west, rebel forces were actively recruiting child soldiers from refugee 
camps and other areas. In the north, many rebel soldiers volunteered at 
ages 15 or younger. In September, the local representatives of UNICEF 
and U.N. OCHA, visited Bouake in rebel-controlled territory, informed 
the special representative of the U.N. Secretary-General in the country 
that the situation of child soldiers in Bouake was improving, and 752 
children were being cared for by the ``Children's House,'' a local 
organization, with the assistance of the local office of the WFP.

    Trafficking in Persons.--The law does not prohibit trafficking in 
persons, and although the Government continued its anti-trafficking 
efforts, trafficking in persons remained a problem. The Government did 
not prosecute traffickers during the year. With the continuing crisis, 
the Government, U.N. agencies, and international humanitarian agencies 
concentrated on child soldiers and children displaced because of the 
war, and it was difficult to distinguish trafficked children. The 
country was a source and destination country for trafficking in women 
and children from Mali, Burkina Faso, Ghana, Togo, and Benin for the 
purpose of forced commercial agriculture and domestic servitude.
    After 2002, minimal law enforcement continued in government-held 
territory. The military fronts that divided the country inhibited 
northern workers from reaching the cocoa, coffee, and other rich 
agricultural zones in the south where labor demand was high.
    There was no good overall estimate of the number of children 
intercepted or repatriated during the year.
    The Government cooperated with neighboring countries, international 
organizations, and NGOs to combat trafficking in persons. The 
Ministries of Employment and of Family, Women, and Children's Affairs 
continued working with Malian authorities to prevent cross-border child 
trafficking and to repatriate Malian children from the country. They 
actively sought international funding for their work. The Government 
also continued to work with the Governments of Burkina Faso, Togo, and 
Benin on an anti-trafficking in children and repatriation multilateral 
accord. A national committee for the fight against child trafficking, 
which included representatives from numerous government ministries; 
representatives from several national and international organizations 
and NGOs, such as UNICEF, ILO, Save the Children, REFAMP-CI (network of 
women ministers and parliamentarians); and the BICE continued its work 
during the year.
    The full extent and nature of the problem was unknown in spite 
efforts carried out during the year to document the trafficking of 
persons in the country. However, there have been changes in the 
direction and extent of trafficking since 2002. The Ghanaian-Ivoirian 
border near Aboisso was more frequently used for trafficking persons 
than in pervious years. The primary reason for the increased traffic at 
this border was that the borders with other countries (Mali, Liberia, 
Burkina Faso, Guinea) were closed for several months after the onset of 
the conflict.
    The country's cities and farms provided ample opportunities for 
traffickers, especially of children and women. The informal labor 
sectors were not regulated under existing labor laws, so domestics, 
most nonindustrial farm laborers, and those who worked in the country's 
wide network of street shops and restaurants remained outside most 
government protection. Internal trafficking of girls aged 9 to 15 sent 
from all parts of the country to work as household domestics in 
Abidjan, and elsewhere in the more prosperous south, remained a 
problem.
    The regular trafficking of children into the country from 
neighboring countries to work in the informal sector in exchange for 
finder's fees generally was accepted. Children were trafficked into the 
country from Mali, Burkina Faso, Ghana, Togo, Benin, and Mauritania for 
indentured or domestic servitude, farm labor, and sexual exploitation.
    Women principally were trafficked to the country from Nigeria, 
Ghana, and Liberia. A local NGO estimated that 58 percent of the female 
prostitutes in Abidjan were not citizens and reported that a small 
number of Ivoirian women were trafficked to Europe and the Middle East 
for prostitution.
    Women and children were trafficked from the country to African, 
European, and Middle Eastern countries.
    The controversy over child labor in the cocoa sector in the country 
continued, and the ILO, the Institute of Tropical Agriculture, and the 
Chocolate Manufacturers' Association financed studies to document the 
problem. The survey research, released in 2002, revealed that most 
children who were working in the cocoa sector worked on the family's 
farm (approximately 70 percent) or beside their parents. Of the 625,000 
working children, 96.7 percent had a kinship relation to the farmer. 
Others, most frequently the children of extended family members or 
persons well known to them, indicated their or their family's agreement 
to leave their respective countries to work on farms in the country to 
earn money or in search of a better life.
    The research suggested that perhaps 5,000 to 10,000 children were 
trafficked to or within the country to work full or part time in the 
cocoa sector. It also showed an estimated 5,100 children employed as 
full-time permanent workers, approximately 3,000 of whom were from 
Burkina Faso. The survey found another 12,000 children working part 
time on cocoa farms who had no family ties with the farmer. The 
research showed that approximately 109,000 child laborers worked in 
hazardous conditions on cocoa farms in the country in what the study 
described as the worst forms of child labor. The studies estimated that 
59 percent were from Burkina Faso, 24 percent were citizens, and the 
others were from Mali or other countries to the north. During the year, 
compared with previous years, there were significantly fewer reports of 
children from neighboring countries being imported for fieldwork on 
plantations under abusive conditions.
    The Government and the ILO continued to implement their ``West 
African Project Against Abusive Child Labor in Commercial Agriculture'' 
(WACAP), with some interruptions due to security concerns. WACAP was 
expected to eventually include 30 pilot projects reaching 6,000 
displaced children in the country. The projects aimed to increase 
farmers' awareness, improve schooling for children, and provide better 
social services to families. In Abgoville, in the heart of the cocoa 
zone, Winrock International continued its project ``Alternatives to 
Child Labor through Improved Education.''

    Persons with Disabilities.--The law requires the Government to 
educate and train persons with physical, mental, visual, auditory, and 
cerebral motor disabilities, to hire them or help them find jobs, to 
design houses and public facilities for wheelchair access, and to adapt 
machines, tools, and work spaces for access and use by persons with 
disabilities; however, wheelchair accessible facilities for persons 
with disabilities were not common, and there were few training and job 
assistance programs for persons with disabilities. Following the 
Marcoussis Accord in January 2003, the Ministry of Solidarity, Social 
Security, and the Handicapped was created. A Federation of the 
Handicapped was established, headed by an advisor to that Minister. 
During the year, the Government allocated approximately $200,000 (10 
million CFA francs) to the Federation principally to make buildings 
more accessible to persons with disabilities. In 1996 the Government 
announced a program to recruit persons with disabilities for government 
service; however, by year's end, only 135 had been recruited. The last 
recruitment was in 2003; there were none during the year.
    The law also prohibits the abandonment of persons with mental or 
physical disabilities and acts of violence directed at them. Adults 
with disabilities were not specific targets of abuse, but they 
encountered serious difficulties in employment and education. The 
Government supported special schools, associations, and artisans' 
cooperatives for persons with disabilities, but many persons with 
physical disabilities begged on urban streets and in commercial zones. 
Persons with mental disabilities often lived in the streets.
    Unlike in the previous years, there were no demonstrations by 
person with disabilities.
    Traditional practices, beliefs, and superstitions varied, but 
infanticide in cases of serious birth defects was less common than in 
previous years. Many parents no longer believed that children with 
disabilities were sorcerers or the signs of a curse.

    National/Racial/Ethnic Minorities.--The country's population was 
ethnically diverse. Citizens born in the country derived from five 
major families of ethnic groups. The Akan family comprised more than 42 
percent; the largest Akan ethnic group, and the largest ethnic group in 
the country, was the Baoule. Approximately 18 percent of citizens 
belonged to the northern Mande family, of which the Malinke were the 
largest group. Approximately 11 percent of citizens belonged to the 
Krou family, of which the Bete were the largest group. The Voltaic 
family accounted for 18 percent of the population, and the Senoufo were 
the largest Voltaic group. Approximately 10 percent belonged to the 
southern Mande family, of which the Yacouba were the largest group. 
Major ethnic groups generally had their own primary languages, and 
their nonurban populations tended to be concentrated regionally.
    All ethnic groups sometimes practiced societal discrimination on 
the basis of ethnicity. Urban neighborhoods still had identifiable 
ethnic characteristics, and major political parties tended to have 
identifiable ethnic and regional bases, although interethnic marriage 
increasingly was common in urban areas.
    At least 26 percent of the population was foreign, and of that 
group, 95 percent were other Africans. There were more than 5 million 
West African immigrants living in the country. Most of the Africans 
were from neighboring countries, with half from Burkina Faso. Birth in 
the country did not automatically confer citizenship. Outdated or 
inadequate land ownership laws resulted in conflicts with an ethnic and 
anti-foreigner aspect.
    Some ethnic groups included many noncitizens, while other ethnic 
groups included few noncitizens. There were societal and political 
tensions between these two sets of ethnic groups. This cleavage 
corresponded to some extent to regional differences. Members of 
northern ethnic groups that were found in neighboring countries as well 
as in the country often were required to document their citizenship, 
whereas members of formerly or presently politically powerful ethnic 
groups of the west, south, and center reportedly were not required to 
do so. Police routinely abused and harassed noncitizen Africans 
residing in the country (see Section 1.f.). Official harassment 
reflected the frequently encountered belief that foreigners were 
responsible for high crime rates, as well as a concern for identity 
card fraud. Harassment of northerners increased markedly after the 2002 
rebellion. The victims of the March 25-26 violence in Abidjan included 
foreigners as well as northerners.
    The Government razed some shantytowns where many poor West African 
immigrants and citizens lived, rendering tens of thousands persons 
homeless (see Section 1.f.).
    Following the violence in January and February 2003 after the 
signing of the Marcoussis Accord, many private French citizens left the 
country. Approximately 350,000 Burkinabe returned to Burkina Faso. The 
French and the Burkinabe who remained in the country kept a low profile 
as attacks against them continued during the year (see Section 2.b.).
    Since the outbreak of the armed rebellion in 2002, clashes have 
regularly occurred between the native Guere populations and the 
Burkinabe and have led to the death of at least 10 persons on both 
sides. The native populations accused the Burkinabe of being assailants 
and the rebels' accomplices. However, according to French military 
sources, the repeated attacks against the non-natives (citizens and 
foreigners alike) were only aimed at stealing the latter's crops or 
money. An independent newspaper reported that Burkinabe immigrants 
working with the MPCI rebels killed 21 Guere farmers from the village 
of Blody during the period from January 5 to 10.
    In February, young men of the Guere ethnic group in Duekoue, in a 
zone under government control beat to death three Burkinabe men and 
seriously injured a fourth. French and FANCI soldiers deployed to 
prevent clashes between the two communities.
    In December, 18 persons were reported killed and 7 injured by 
gunfire or machete in an outbreak of violence between villagers from 
President Laurent Gbagbo's Bete ethnic group and settlers from other 
parts of the country and West Africa near the southern town of Gagnoa. 
These clashes generally were over land rights and the buying of cocoa 
beans.
    Ethnic tensions led to fighting and deaths, especially in the 
western areas of the country. During the year, We and Yacouba ethnic 
groups in the west continued fighting, and hundreds reportedly were 
killed. In the West and in Duekoue in particular there were violent 
clashes between the native We population and members of the foreign 
community, particularly Burkinabe farmers.
    During the year, Minister of National Reconciliation Sebastian Dano 
Djedje and civil society members organized activities aimed at 
promoting peace between the native We ethnic group and the foreign 
community living in the west by using traditional methods of settling 
conflicts. From July 21 to 25, the Collective of Civil Society for 
Peace traveled to the west to try to help reconcile the We populations 
and the Burkinabe in of Duekoue.

    Incitement to Acts of Discrimination.--During the November 4-10 
events, state radio and television repeatedly broadcast hate messages 
aimed at the French (see Section 1.g.).
Section 6. Worker Rights
    a. The Right of Association.--The Constitution and the Labor Code 
grant all citizens, except members of the police and military services, 
the right to form or join unions, and workers exercised these rights in 
practice. Registration of a new union required 3 months and was granted 
routinely.
    Only a small percentage of the workforce was organized, and most 
laborers worked in the informal sector that included small farms, small 
roadside and street side shops, and urban workshops. However, large 
industrial farms and some trades were organized. There was an 
agricultural workers union.
    b. The Right to Organize and Bargain Collectively.--The law 
protects persons working in the formal sector (approximately 1.5 
million workers or 15 percent of the workforce) from employer 
interference in their right to organize and administer unions, and this 
was observed in practice. The Constitution provides for collective 
bargaining, and the Labor Code grants all citizens, except members of 
the police and military services, the right to bargain collectively. 
Collective bargaining agreements were in effect in many major business 
enterprises and sectors of the civil service. In most cases in which 
wages were not established in direct negotiations between unions and 
employers, the Ministry of Employment and Civil Service established 
salaries by job categories (see Section 6.e.). There are no export 
processing zones.
    The Constitution and statutes provide for the right to strike, and 
workers generally exercised this right in practice. However, the Labor 
Code requires a protracted series of negotiations and a 6-day 
notification period before a strike may take place, making legal 
strikes difficult to organize. Workers in the private and government 
sectors continued to strike over working conditions and terms of 
employment, and the Government generally tolerated the strikes, which 
rarely resulted in violence. There were several strikes during the 
year.
    A 2003 ministerial decree declared that chief court clerks must 
share among all judicial system workers, including judges, the fees 
they traditionally collected and kept. Previously they shared the fees 
only with other court clerks (greffiers). Staff members of the Ministry 
of Justice shared all the fees. Some members of the National Union of 
Court Clerks of Cote d'Ivoire (UNAGCI) argued that the fees were not 
properly collected and accounted for and on May 3 undertook to evict 
the state treasurers to collect the fees themselves. On May 26, Mr. 
Roger Dacoury, President of the UNAGCI and nine of his colleagues were 
convicted of violence on the police officers who tried to secure the 
Court House on May 12 and sentenced to 6 months' imprisonment. Their 
colleagues went on strike to protest their imprisonment. Following 
negotiations between the Minister of Justice' s office and the court 
clerks' trade unions, court clerks agreed to resume work in all the 
jurisdictions. In return, in accordance with the commitments made, the 
Ministry of Justice released all the court clerks arrested and jailed 
at MACA.
    In July 3, workers on the construction site of the Members of 
Parliament's house in Yamoussoukro went on strike to protest against 
the their employers, the District of Yamoussoukro and the Chinese 
contractor for alleged failure to honor commitments as to salaries and 
working conditions. In addition to stopping to work, the workers also 
used violence against the managers of the construction company 
employing them and against the Chinese technical management staff. 
Following the mediation of the local authorities and of the Minister of 
Relationships with Institutions, a compromise was found and a new 
contract was signed.
    The Labor Ministry arbitrated scores of labor conflicts in 2002 in 
spite of the social and political crisis. Employees could appeal 
decisions made by labor inspectors to labor courts.

    c. Prohibition of Forced or Compulsory Labor.--The law prohibits 
forced or compulsory labor, including by children; however, there were 
reports such practices occurred (see Sections 5, Trafficking and 6.d.).

    d. Prohibition of Child Labor Practices and Minimum Age for 
Employment.--There were laws against the exploitation of children in 
the work place; however, child labor remained a problem. In most 
instances, the legal minimum working age is 14; however, the Ministry 
of Employment and Civil Service enforced this provision effectively 
only in the civil service and in large multinational companies. Labor 
law limits the hours of young workers, defined as those under the age 
of 18. However, children often worked on family farms, and some 
children routinely acted as vendors, shoe shiners, errand boys, 
domestic helpers, street restaurant vendors, and car watchers and 
washers in the informal sector in cities. Some girls begin work as 
domestic workers as early as 9 years of age, often within their 
extended family. There were reliable reports of children laboring in 
``sweatshop'' conditions in small workshops. Children also worked in 
family operated artisanal gold and diamond mines.
    In April 2003, the Ministry of Solidarity, Social Security, and the 
Handicapped completed a child labor study. The study was designed to 
cover all economic sectors across the entire country, but the political 
crisis confined the research to the southern half of the country. 
Regardless of school attendance, 28 percent of all children worked, 
with 20 percent working full time. About 23 percent of the children 
aged 10 to 14 and 55 percent of the children aged 5 to 17 carried out 
an ``economic activity.'' Most children worked in agriculture, but some 
also worked in small business, tailor and beauty shops, street 
restaurants, and manufacturing and repair shops in the informal sector. 
Child work varied inversely with school attendance.
    Approximately 109,000 child laborers worked in hazardous conditions 
on cocoa farms in what has been described as the worst forms of child 
labor (see Section 5, Trafficking.); some of these children were forced 
or indentured workers but 70 percent worked on family farms or with 
their parents.
    During the year, with the help of the ILO, the Government initiated 
a pilot program to certify that cocoa was produced free of child labor. 
This program is to be joined with a mechanism to ensure that children 
in cocoa producing areas attend school. The country still has failed to 
elaborate a judicial framework for tackling the problem, including 
enactment of laws specifically for use against child labor.
    The Association of Domestic Worker Placement in Cote d'Ivoire 
(ACPGM-CI), an association to legalize their agencies and eliminate all 
agencies that refuse to comply with the law or that try to exploit 
young girls' continued to work. ACPGM-CI worked under the auspices of 
BICE, which along with other NGOs, campaigned against child 
trafficking, child labor, and sexual abuse of children in the country.
    In March, the Government created a National Management Committee 
for the International Program for the Elimination of Child Labor of the 
International Bureau of Labor. The Committee falls under the Ministry 
of Labor and Civil Service and advises on policies for activities aimed 
at suppression of child labor and to integrate IPEC activities in other 
national efforts to fight child labor.

    e. Acceptable Conditions of Work.--The Government administratively 
determined monthly minimum wage rates, which last were adjusted in 
1996. Minimum wages varied according to occupation, with the lowest set 
at approximately $70 (36,000 CFA francs) per month for the industrial 
sector; this wage did not provide a decent standard of living for a 
worker and family. A slightly higher minimum wage rate applied for 
construction workers. The Government enforced the minimum wage rates 
only for salaried workers employed by the Government or registered with 
the social security office.
    Labor federations attempted to fight for just treatment under the 
law for workers when companies failed to meet minimum salary 
requirements or discriminated between classes of workers, such as local 
and foreign workers. For example, the sanitary services company ASH 
continued to pay wages as low as $23 (12,000 CFA francs) a month to 
female employees who swept the streets of Abidjan. According to their 
labor federation, labor inspectors continued to ignore this violation 
of the law. The shipbuilding company Carena continued to discriminate 
between European engineers who were paid on average $15,600 (8 million 
CFA francs) a month and their African colleagues who received 
approximately $1,500 (800,000 CFA francs) a month. Government labor and 
employment authorities did not take action in these cases.
    On July 8, the employees of the oil firm Exxon-Mobil ended a 2-week 
strike over severance pay packages following the layoff of 25 workers, 
reported the government newspaper, Fraternite Matin. The workers 
reportedly considered the severance pay low compared with what their 
colleagues in Cameroon and Tunisia received. Following negotiations, 
the company agreed to reassess the package.
    Through the Ministry of Employment and the Civil Service, the 
Government enforced in the formal sector a comprehensive Labor Code 
that governs the terms and conditions of service for wage earners and 
salaried workers and provides for occupational safety and health 
standards. Employees in the formal sector generally were protected 
against unjust compensation, excessive hours, and arbitrary discharge 
from employment. The standard legal workweek was 40 hours. The Labor 
Code requires overtime payment on a graduated scale for additional 
hours and provides for at least one 24-hour rest period per week.
    Working conditions did not improve during the year and in some 
cases declined. Government labor inspectors could order employers to 
improve substandard conditions, and a labor court could levy fines if 
the employer failed to comply with the Labor Code. However, in the 
large informal sector of the economy, the Government enforced 
occupational health and safety regulations erratically, if at all. The 
practice of some labor inspectors accepting bribes was a continuing 
problem, and observers believed that it was widespread. Workers in the 
formal sector had the right to remove themselves from dangerous work 
situations without jeopardy to continued employment by utilizing the 
Ministry of Labor's inspection system to document dangerous working 
conditions. However, workers in the informal sector ordinarily could 
not absent themselves from such labor without risking the loss of their 
employment.
    Several million foreign workers, mostly from neighboring countries, 
typically worked in the informal labor sector, where labor laws did not 
apply.

                               __________

                                DJIBOUTI

    Djibouti is a republic with a strong presidency and a weak 
legislature. In 1999, the country elected its second president since 
gaining independence in 1977. Ismael Omar Guelleh, the candidate of the 
ruling People's Rally for Progress (RPP) that has ruled the country 
since independence, won the election with 74 percent of the vote. The 
election was considered generally free and fair. In the 2002 
legislative elections, the ruling party coalition won all 65 seats, 
amid opposition claims of massive fraud. The judiciary was not 
independent of the executive and was subject to corruption and 
inefficiency.
    Security forces include the National Police Force (FNP) and the 
Gendarmerie Nationale under the Ministry of Interior, the army under 
the Ministry of Defense, and an elite Republican Guard under the 
Presidency. An intelligence bureau under the direction of the National 
Security Advisor reports directly to the President. The FNP is 
responsible for internal security, border control, and prisons. The 
Gendarmerie Nationale is responsible for internal security. The army is 
responsible for external security, but also has some domestic security 
responsibilities. The Republican Guard is responsible for the 
protection of the President. 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. Security forces committed serious human rights 
abuses.
    The country's mixed economy has little industry and few natural 
resources; its population was estimated at 660,000. Outside the capital 
city, the primary economic activity was nomadic subsistence. In 2003, 
the rate of economic growth was estimated at 3.5 percent, and inflation 
was 3 percent; wages and benefits have not increased in 10 years. The 
part of the annual gross domestic product not generated by and for the 
foreign community was estimated at no more than $250 per capita 
annually. Much of the country's wealth was concentrated in the hands of 
a small elite.
    The Government's human rights record remained poor, and it 
continued to commit serious abuses. The Government limited citizens' 
rights to change their government. There was at least one report of the 
arbitrary or unlawful deprivation of life by security force members. 
There were reports that security forces beat and physically abused 
prisoners and detainees. Prison conditions remained harsh. Official 
impunity was a problem. The Government continued to detain persons 
arbitrarily, and prolonged detention was a problem; however, unlike in 
the previous year, there were no reports that persons were held 
incommunicado. The Government infringed on citizens' privacy rights; 
restricted freedom of the press; limited freedom of assembly; used 
force to disperse demonstrations and strikes; and restricted freedom of 
association. Violence and discrimination against women persisted, and, 
although the Government prohibited such practices, the practice of 
female genital mutilation (FGM) continued to be widespread. 
Discrimination on the basis of ethnicity, nationality, and clan 
background persisted. The Government restricted unions and harassed and 
intimidated their leaders.
                        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 a few persons during the year.
    On March 3, in Obock, a military vehicle hit and killed Hassan 
Mohamed Kassim, a 4-year-old child. The soldier driving the vehicle 
fled the scene and subsequently claimed that the vehicle lacked brakes; 
he has not been charged in connection with the incident.
    In early July, four members of the Gendarmerie reportedly severely 
beat a military pensioner who had become disgruntled after being 
refused entrance to the National Treasury. The victim died 3 days later 
of severe trauma to the head and a brain hemorrhage. The Chief of the 
Gendarmerie, who initially refused to conduct an internal 
investigation, agreed to do so only after being pressured by the 
pensioner's family; however, he subsequently refused to allow the four 
to appear in court. A trial was pending at year's end.
    Unlike in previous years, there were no reports of deaths in 
connection with the expulsions of undocumented foreigners.
    No action was taken in the September 2003 killing by security 
forces of an undocumented foreigner during a roundup of illegal 
immigrants or the 2002 killing of a protester by members of the 
presidential guard.

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

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The Constitution prohibits such practices; however, there 
continued to be reports that police and gendarmes beat and physically 
abused prisoners and detainees.
    On April 25, Farah Paris, an officer of the police unit in charge 
of political security, assaulted and arrested without charge Mohamed 
Darar Waberi, a known opponent of the Government. Ali Kahin, the 
Commanding Colonel of City Police, placed Waberi in custody; Waberi was 
released after 5 days.
    Police beat protesters while dispersing a demonstration during the 
year (see Section 2.b.).
    Members of police vice squads targeted prostitutes on the streets 
and reportedly raped them as a precondition for their release.
    Prison conditions were harsh, and overcrowding was a serious 
problem. Conditions at Nagad detention center, where foreigners were 
held prior to deportation, also were extremely harsh. Detainees at 
Nagad were held in unsanitary conditions and often were not fed for 
several days before their deportation.
    Several prisoners reportedly suffered from untreated illnesses or 
injuries received during arrest. Medical care was inadequate, and the 
prison infirmary lacked sufficient medication and medical staff.
    Women and men were held in separate cells. Children of female 
inmates under the age of 5 sometimes were allowed to stay with their 
mothers. In principle, juveniles were housed separately from adult 
prisoners; however, in practice, this was not always the case. Pretrial 
detainees usually were not held separately from convicted prisoners due 
to the lack of facilities.
    The Government granted access to the International Committee of the 
Red Cross (ICRC) to the prisons for annual inspections and to monitor 
Gabode prison's sanitation system.

    d. Arbitrary Arrest or Detention.--The law prohibits arbitrary 
arrest and detention; however, the Government did not respect these 
prohibitions. The Government did not take steps to prosecute human 
rights abusers, and official impunity was a problem. There were reports 
of police corruption, particularly in the lower ranks on the streets.
    The law stipulates that the Government may not detain a person 
beyond 48 hours without an examining magistrate's formal charge. 
Detainees may be held another 24 hours with the prior approval of the 
public prosecutor. All persons, including those accused of political or 
national security offenses, must be tried within 8 months of 
arraignment. The law also provides for bail and expeditious trial; 
however, the police occasionally disregarded these procedures. Unlike 
in previous years, there were no reports that incommunicado detention 
was used.
    There were several reports of arbitrary arrest (see Section 1.c.). 
For example, on January 4, during a roundup of illegal aliens, police 
arrested a citizen of the country who had been released from Peltier 
Hospital on a temporary pass. Despite the presentation of his national 
identity card, the individual was sent to Nagad Detention Center, where 
police reportedly demanded money in exchange for his release. There 
were reports that other citizens were forced to bribe police for their 
release during roundups of illegal foreigners.
    During the year, two members of a religious group were arrested and 
imprisoned on libel charges (see Section 2.a.).
    Security forces arbitrarily arrested and detained journalists 
during the year (see Section 2.a.).
    On June 26, the Government released or reduced sentences of 
prisoners as part of an Independence Day amnesty. Prisoners serving 1 
year or less were released; prisoners with longer terms received 
reductions in their sentences. The amnesty excluded drug dealers, those 
held for money fraud, and rapists.

    e. Denial of Fair Public Trial.--The Constitution provides for an 
independent judiciary; however, in practice, the judiciary was not 
independent of the executive. Constitutional provisions for a fair 
trial were not respected universally, even in nonpolitical cases.
    The judiciary, based on the French Napoleonic code, was composed of 
a lower court, an appeals courts, and a Supreme Court. The Supreme 
Court may overrule decisions of the lower courts. Magistrates are 
appointed for life terms. The Constitutional Council rules on the 
constitutionality of laws, including those related to the protection of 
human rights and civil liberties; however, its rulings did not always 
protect these rights.
    The legal system is based on legislation and executive decrees, 
French codified law adopted at independence, Islamic law (Shari'a), and 
nomadic traditions. Urban crime was dealt with in the regular courts in 
accordance with French-inspired law and judicial practice. Civil 
actions may be brought in regular or traditional courts. During the 
year, the Government published and began implementing the 2002 Family 
Code, which replaces Shari'a in governing the majority of laws 
pertaining to family and personal matters, including marriage, divorce, 
child custody, and inheritance matters. Issues that fall under the 
Family Code are brought to civil court, and both parties are given the 
opportunity to present their case to the judge; the court then tries to 
reach a reconciliation agreement between the two parties. If no 
solution can be found, the Judge decides the case based on the 
appropriate statutes in the Family Code.
    Traditional law often was used in conflict resolution and victim 
compensation. For example, traditional law often stipulates that a 
blood price be paid to the victim's clan for crimes such as murder and 
rape.
    The Constitution states that the accused is innocent until proven 
guilty; however, the Government did not protect this right in practice. 
Prisoners have the right to be examined by a doctor. Trials generally 
were public, except in politically sensitive cases when security 
measures effectively prevented public access. Legal counsel was 
supposed to be available to the indigent in criminal and civil matters; 
however, defendants often did not have legal representation. Court 
cases were heard before a presiding judge and two accompanying judges. 
The latter received assistance from two persons, lay assessors, who 
were not members of the bench, but who were considered to possess 
sufficient legal knowledge to comprehend court proceedings. The 
Government chose lay assessors from the public at large, but reports 
indicated that political and ethnic affiliations played a role in the 
selection.
    No action was taken on the 2003 opposition coalition complaint 
filed with the Council of Claims alleging abuse of power by the ruling 
party in the January 2003 legislative elections.
    There were no reports of political prisoners.

    f. Arbitrary Interference with Privacy, Family, Home, or 
Correspondence.--The Constitution prohibits such actions; however, the 
Government did not respect these prohibitions in practice. The law 
requires that the authorities obtain a warrant before conducting 
searches on private property; however, in practice, the Government did 
not always obtain such warrants. The Government reportedly monitored 
and sometimes disrupted the communications of some government opponents 
by cutting their telephone or electric service. Police reportedly 
frequently followed persons who attended opposition rallies.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The Constitution provides for 
freedom of speech and of the press; however, the Government restricted 
these rights in practice.
    The law prohibits the dissemination of false information and 
regulates the publication of newspapers. The Government owned the 
principal newspaper, La Nation, which was published three times a week. 
In addition, each registered political party is permitted to publish a 
public journal. There were several opposition-run weekly and monthly 
publications that circulated freely and openly criticized the 
Government.
    The Government also owned the radio and television stations. The 
official media generally were uncritical of government leaders and 
government policy. Radio-Television Djibouti, the official government 
station, broadcast 24 hours a day in four languages on the radio. 
Foreign media also broadcast throughout the country.
    During the year, several persons were arrested for libel. On March 
15, Sheikh Abdokarim Ismael Abdo and Sheikh Artaoui, two members of a 
religious ``sect'' of Mohamedians, were arrested on charges of libel 
after writing an open letter to all Ministers criticizing the President 
and calling for an end to persecution of the Mohamedian Brotherhood. 
The two sheikhs, who were tried and sentenced to 6 and 8 months, 
respectively, remained in Gabode Prison at year's end.
    On April 11, police arrested without charge Abdoulkader Abdillahi 
Miguil, the editor of the Ali Sabieh Tribune, after he published an 
article describing the unpopularity of government policies; on April 
12, Miguil was released.
    During the year, the Government lifted the 2000 ban on the 
importation and sale of Somaliland newspapers Jamhuuriya and The 
Republican.
    The country had one government-owned Internet service provider, and 
the Government did not prevent access to the Internet.
    The Government generally did not restrict academic freedom, and 
teachers could speak and conduct research without restriction, provided 
that they did not violate sedition laws. However, during the year, the 
Government blocked the salaries of teachers involved in strike activity 
(see Section 6.b.).

    b. Freedom of Peaceful Assembly and Association.--The Constitution 
provides for freedom of assembly; however, the Government limited this 
right in practice. The Ministry of Interior requires permits for 
peaceful assembly and monitors opposition activities. Some opposition 
leaders effectively practiced self-censorship and refrained from 
organizing popular demonstrations, rather than provoke a government 
crackdown.
    On March 28, security forces forcibly dispersed a demonstration of 
veterans' wives; several women were detained briefly. Authorities 
claimed that no force was used and that only those women who refused to 
leave the demonstration were detained.
    No action was taken against security forces that used excessive 
force to disperse demonstrations in 2003 or 2002.
    The Constitution provides for freedom of association provided that 
certain legal requirements are met; however, the Government restricted 
this right in practice. Political parties are required to register with 
the Government. The Government continued to harass and intimidate 
members of groups who were viewed as opposed to the Government (see 
Section 1.f.).
    Nonpolitical associations also must register and be approved by the 
Ministry of Interior (MOI).

    c. Freedom of Religion.--The Constitution, while declaring Islam to 
be the state religion, provides for freedom of religion, and the 
Government generally respected this right in practice; however, 
proselytizing was discouraged. Although Islam is the state religion, 
the Government imposed no sanctions on those who choose to ignore 
Islamic teachings or practice other faiths. More than 99 percent of the 
population was Sunni Muslim.
    During the year, two Mohamedian sheikhs were arrested and 
imprisoned on charges of libel after criticizing the President (see 
Section 2.a.).
    The Government requires that religious groups be registered with 
the MOI. In 2003, Baha'i leaders reported they were refused the right 
to register; it was unknown whether they were able to register by 
year's end.
    There is no legal prohibition against proselytizing; however, 
proselytizing was discouraged.
    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, the Government at times limited them in practice.
    On January 29, the Government declared the country ``mine safe'' 
after demining efforts cleared a majority of all mines laid in the 
1990s in Tadjoura and Obock districts. (Areas that have little impact 
on civilian safety, agriculture, or infrastructure development do not 
require clearance before a country can be declared ``mine safe,'' and 
the Government has plotted and publicized the locations of all such 
remaining mines.)
    A judge may order a passport seized from persons under judicial 
surveillance or awaiting trial; however, there were no reports during 
the year that persons were restricted from leaving the country.
    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. In practice, the Government provided 
some protection against refoulement, the return of persons to a country 
where they feared protection. However, the Government did not routinely 
grant refugee or asylum status, and there were unconfirmed reports 
during the year of the forced return of persons to a country where they 
feared persecution, specifically Ethiopia.
    The country hosted an estimated 22,000 refugees and illegal 
foreigners at year's end. Although the Government officially did not 
recognize those refugees under the protection of the U.N. High 
Commission for Refugees (UNHCR), the Government cooperated with the 
UNHCR in providing assistance to more than 18,000 registered Somali and 
Ethiopian residents of the 2 remaining refugee camps in Hol-Hol and 
Ali-Addeh. During the year, the UNHCR repatriated 7,575 Somaliland 
refugees who had fled to the country during the Somaliland civil war.
    During the year, the Government rounded up and deported 
undocumented foreigners--primarily from Ethiopia, Somalia, and Yemen; 
however, unlike in the previous year, there were no reports that such 
roundups resulted in deaths. In 2003, more than 80,000 undocumented 
foreigners were forced to leave the country, and there were numerous 
reports of deaths resulting from exposure and overcrowding.
    In June, the National Eligibility Commission finished processing 
the approximately 8,000 requests for asylum from undocumented 
foreigners, who claimed fear of persecution during the 2003 mass 
expulsion of illegal immigrants. The Commission granted asylum status 
to more than 4,000 southern Somalis and 100 Ethiopians; approximately 
4,000 individuals were denied status and repatriated to their countries 
of origin in June. Those individuals granted asylum were transferred to 
either Ali Adde or Hol Hol Refugee camps, where they were awaiting 
resettlement at year's end.
    During the year, unknown assailants reportedly raped two women in 
the Aour Aoussa refugee camp; unconfirmed reports indicated that a 
third woman also may have been raped. The women were taken to Djibouti 
City for treatment and relocated to other refugee camps.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The Constitution provides citizens with the right to change their 
Government; however, the Government limited this right in practice.
    The RPP candidate Ismael Omar Guelleh, the designated successor of 
former President Hassan Gouled Aptidon, won the 1999 election with 74 
percent of the vote. For the first time since multiparty elections 
began in 1992, no group boycotted the vote. Although Moussa Ahmed 
Idriss and the Unified Dijiboutian Opposition Party challenged the 
results, alleging election ``irregularities'' and asserting that 
``foreigners'' voted in various districts of the capital, international 
and domestic observers considered the election to be generally fair and 
transparent, citing only minor irregularities.
    In January 2003, the country held its first multiparty elections. 
The legislative elections were contested by the progovernment coalition 
Union for the Presidential Majority (UMP) and the opposition coalition 
Union for a Democratic Alternative (UAD). The UMP was dominated by RPP, 
the ruling party since independence. The RPP continued to carefully 
control the political system. Official tallies registered a UMP 
majority victory in all 5 voter districts and a sweep of all 65 
legislative seats, although the UAD received 37 percent of the vote 
count. International observers noted the peaceful conditions during the 
election but also identified irregularities in the process. The 
opposition claims of massive fraud centered on the electoral list, 
which was not made public, and accusations that the Government stuffed 
ballot boxes, mobilized military units to vote multiple times and 
intimidate opposition supporters, and changed vote counts in some 
districts. In February 2003, the Constitutional Council rejected the 
UAD appeal to annul the elections.
    There were no laws to provide public access to government 
information. La Chambre des Comptes, a public expenditures audit board 
established in 1997 to fight corruption and promote transparency, 
issued its second annual report on government expenditures during the 
year; however, the report was not made available to the public.
    There were 7 women in the 65-seat legislature. Seven legislative 
seats were reserved for women by presidential decree in the January 
2003 elections. The country's first female parliament members took 
office when the UMP legislature convened in February 2003. Hawa Ahmed 
Youssouf served as Minister of State for the Promotion of Women, 
Family, and Social Affairs and reported to the Prime Minister. Khadija 
Abeba, President of the Supreme Court, was the highest-ranking female 
official and, according to the Constitution, would become interim 
President should the presidency become vacant.
    There were 9 members of minorities--non-Issa Somali clans (Issaks, 
Gadaboursis, and Darood) and Arabs--in the 65-seat legislature. There 
were 3 members of minorities in the 20-seat cabinet. The President's 
subclan, the Issa Mamassans, wielded disproportionate power in affairs 
of state. Afars held a number of senior ministerial posts; however, 
they were not well represented at lower levels. Somali clans other than 
the Issa and citizens of Yemeni origin were limited unofficially to one 
ministerial post each. There also were informal limits on the number of 
seats for each group in Parliament.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    A few domestic human rights groups generally operated without 
serious government restriction, conducting limited investigations and 
sometimes publishing their findings on human rights cases. Government 
officials generally disregarded their views. The local human rights 
group LDDH operated without government interference during the year. 
The Union of Djiboutian Women (UNFD) and the Djiboutian Association for 
the Promotion of the Family promoted the rights of women and children.
    The ICRC maintained a small office that was staffed with locally 
hired personnel. The ICRC regional representative, who was based in 
Nairobi, visited the country during the year.
    There was a government ombudsman, who also served as a legislator 
in the Parliament and whose specific responsibilities included 
mediation between governmental and nongovernmental organizations. There 
was no record of any successful mediation carried out by his office. 
The National Human Rights Committee for the Promotion and Protection of 
Human Rights was inactive during the year.
    On May 14, the Government held a national forum on human rights to 
solicit public views and to discuss possible human rights legislation. 
The four opposition parties refused to participate, charging that the 
Government was not serious because it had failed to respond to human 
rights claims filed by the parties during the year. The LDDH also 
refused to participate because the forum did not include international 
human rights observer groups. The Government had not made public its 
findings on the forum by year's end.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The Constitution prohibits discrimination on the basis of language, 
race, or sex; however, discrimination against women and ethnic 
minorities persisted. The Government's enforcement of laws to protect 
women and children was ineffective.

    Women.--Domestic violence against women existed, but few cases were 
reported. Violence against women generally was addressed within the 
family or clan structure rather than in the courts. The police rarely 
intervened in domestic violence incidents, and the media reported only 
the most extreme examples, such as murder. The law includes sentences 
of up to 20 years' imprisonment for rapists. The number of such cases 
prosecuted during the year was unknown.
    It was believed that as many as 98 percent of females have 
undergone FGM. FGM traditionally was performed on girls between the 
ages of 7 and 10. The law states that ``violence causing genital 
mutilation'' is punishable by 5 years' imprisonment and a fine of more 
than $5,650 (1 million DF); however, the Government has not yet 
convicted anyone under this statute. The efforts of the UNFD and other 
groups to educate women were having some effect in the capital city. 
Many believed that the incidence and severity of infibulation have 
decreased, although no systematic data were available on the problem. 
U.N. and other experts believed that lesser forms of FGM still were 
practiced widely and that infibulation still was common in rural areas.
    Prostitution is illegal; however, it was a significant problem. In 
general, there were two categories of prostitutes: Those with 
apartments and those on the streets. The first group was largely 
tolerated and catered to the foreign (particularly military) community. 
Police raped prostitutes (see Section 1.c.). Refugees and girls from 
poor families were at greater risk of becoming street prostitutes.
    Women legally possess full civil rights; however, custom and 
traditional societal discrimination in education have resulted in a 
secondary role for women in public life and fewer employment 
opportunities. Women largely were confined to trade and secretarial 
fields. Customary law, which is based on Shari'a, discriminates against 
women in travel; however, during the year, the Government published and 
began implementing the 2002 Family Code, which replaces Shari'a in 
governing the majority of laws pertaining to family and personal 
matters (see Section 1.e.). Male children inherited larger percentages 
of estates than did female children. The few women who were educated 
increasingly turned to the regular courts to defend their interests.

    Children.--The Government devoted almost no public funds to the 
advancement of children's rights and welfare. A few charitable 
organizations worked with children. Primary education was compulsory; 
however, the Government did not monitor compliance. The Government 
provided tuition-free public education, but extra expenses, such as 
transportation, book fees, and chalk, could be prohibitive to poorer 
families. School facilities continued to be inadequate. Teacher 
salaries continued to be in arrears, and a large percentage of highly 
qualified teachers have left the profession (see Section 6.e.). 
Approximately 20 percent of children who started secondary school 
completed their education. Only 62 percent of girls attended primary 
school, compared with 73 percent of boys, and only 23 percent of girls 
attended secondary school, compared with 33 percent of boys. Only 32 
percent of girls were literate, compared with 60 percent of boys, and 
more than 53 percent of the total population was illiterate. In rural 
areas, limited access to schools, a shortage of educational materials, 
and cultural attitudes led to significantly lower enrollment and 
greater disparities in enrollment between boys and girls.
    Child abuse existed; however, the Government has not used existing 
provisions of the law to deal with child abuse seriously, and 
punishments generally were light. For example, perpetrators of rape or 
abuse generally were fined an amount sufficient to cover the child's 
medical care.
    FGM was performed on as many as 98 percent of young girls (see 
Section 5, Women).
    Child labor existed (see Section 6.d.).

    Trafficking in Persons.--The law does not prohibit trafficking in 
persons; however, there were no reports of persons being trafficked to, 
from, or within the country. Trafficking could be prosecuted under 
various sections of the Penal Code, including ``exploitation of the 
weakness or ignorance of persons'' or ``exerting pressure on a person 
so that the person engages in prostitution.''

    Persons with Disabilities.--Although persons with disabilities have 
access to education and public health facilities, there was no specific 
law that addressed the needs of persons with disabilities, and there 
were no laws or regulations that prevent job discrimination against 
persons with disabilities. The Government did not mandate accessibility 
to buildings or government services for persons with disabilities.

    National/Racial/Ethnic Minorities.--The Government continued to 
discriminate against citizens on the basis of ethnicity in employment 
and job advancement. Somali Issas were the majority ethnic group and 
controlled the ruling party, the civil and security services, and the 
military forces. Discrimination based on ethnicity and clan affiliation 
limited the role of members of minority groups and clans in government 
and politics.
Section 6. Worker Rights
    a. The Right of Association.--The Constitution provides for the 
right to join unions; however, the Government restricted these rights.
    Under the labor code, a union must have government sanction to 
exist. In recent years, the Government suppressed independent, 
representative unions by firing their leaders, preventing them from 
holding congresses, and creating government-sponsored shadow unions to 
replace them.
    The law prohibits anti-union discrimination, and employers found 
legally guilty of discrimination were required to reinstate workers 
fired for union activities; however, the Government neither enforced 
nor complied with the law.

    b. The Right to Organize and Bargain Collectively.--The law allows 
unions to conduct their activities without interference; however, the 
Government did not protect this right in practice. Collective 
bargaining did not occur. Relations between employers and workers were 
informal and paternalistic. The Government could and did select labor 
representatives. Employers generally established wage rates on the 
basis of Ministry of Labor guidelines. In disputes over wages or health 
and safety problems, the Ministry of Labor encouraged direct resolution 
by labor representatives and employers. Workers or employers may 
request formal administrative hearings before the Ministry's inspection 
service. The International Labor Organization (ILO) has noted that the 
same personnel were employed for both inspection and dispute 
settlement, and critics claimed that both services suffered from poor 
enforcement due to its low priority and inadequate funding.
    The law provides for the right to strike and requires 
representatives of employees who plan to strike to contact the Ministry 
of Interior 48 hours in advance.
    The law confers upon the President broad powers to requisition 
public servants who are considered indispensable to the operation of 
essential public services. The ILO has noted that this power has been 
defined too broadly.
    The Government on occasion retaliated against strikers. For 
example, Kamil Hassan, a schoolteacher, who was reinstated in 2002 
after leading a teacher's strike in 1997, was still not teaching at 
year's end. During the year, the salaries of Hassan and four other 
teachers reportedly were blocked repeatedly by order of the Prime 
Minister.
    There is an export processing zone; however, its activity level was 
low during the year.

    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 all labor by children under the age of 14, but the 
Government did not always enforce this prohibition effectively, and 
child labor, although not common, existed. Children generally were not 
employed in hazardous work. Children may and did work in family-owned 
businesses, such as restaurants and small shops, at all hours of the 
day and night. A shortage of labor inspectors reduced the likelihood of 
investigation into reports of child labor.
    On June 21, the Government ratified ILO Convention 182 on the 
Elimination of the Worst Forms of Child Labor.

    e. Acceptable Conditions of Work.--Only a small minority of the 
population was engaged in wage employment. The Government 
administratively sets minimum wage rates according to occupational 
categories, and the Ministry of Labor is charged with enforcement. The 
monthly wage rate for unskilled labor, set in 1976, was approximately 
$125 (22,000 DF); however, it was not enforced in practice. The 
national minimum wage did not provide a decent standard of living for a 
worker and family. The Government still owed 3 months' worth of salary 
arrears from 1995 and 1997 to teachers, security forces, and civil 
servants.
    By law, the workweek was 40 hours, normally spread over 6 days. The 
Ministry of Labor is responsible for enforcing occupational health and 
safety standards, wages, and work hours. Because enforcement was 
ineffective, workers sometimes faced hazardous working conditions. 
Workers rarely protested, mainly due to fear that others willing to 
accept the risks would replace them. There were no laws or regulations 
permitting workers to refuse to carry out dangerous work assignments 
without jeopardizing their continued employment.
    Only legal foreign workers were protected under the law.

                               __________

                         EQUATORIAL GUINEA \1\
------------------------------------------------------------------------

    \1\ The American Embassy in Malabo was reopened in October 2003 and 
was staffed during the year by one officer; this officer was assisted 
by other Embassy officials who were resident in Cameroon, which limited 
the ability to gather information.
------------------------------------------------------------------------
    Equatorial Guinea nominally is a multiparty constitutional 
republic; however, in practice President Teodoro Obiang Nguema Mbasogo 
and the Mongomo sub-clan of the majority Fang ethnic group, which has 
ruled since the country's independence in 1968, dominated the 
Government. President Obiang, who has ruled since seizing power in a 
military coup d'etat in 1979, was re-elected with 97.1 percent of the 
vote and 98 percent of registered voters participating in a December 
2002 election marred by extensive fraud and intimidation. The 
President's Democratic Party of Equatorial Guinea (PDGE) controlled the 
judiciary and the legislature; the latter was chosen in elections in 
April that were criticized widely by the international community as 
seriously flawed. There was an attempted coup d'etat in March; 19 
mercenaries in the capital city of Malabo and 70 mercenaries in Harare, 
Zimbabwe were arrested in conjunction with the plot. In November, 14 
were convicted by a court in Malabo at a hearing open to international 
observers. The judiciary was not independent.
    President Obiang forfeited some of his power through cabinet 
reforms in June, but he still exercised de facto control over the 
police and security forces. The new Ministry of National Security 
controls the police and gendarmes while the new Ministry of National 
Defense oversees the military. In a cabinet reshuffle in June, the 
President again named a member of the Bubi ethnic group as Prime 
Minister; the President also named one of his brothers as Minister of 
Defense; another brother as Senior Delegate of National Security; and 
his uncle as Minister of National Security, all positions previously 
held by the President himself. Ultimately, the cabinet reforms resulted 
in only a slight dilution of the President's power. Civilian 
authorities generally maintained effective control of the security 
forces; however, there were some instances in which security forces 
acted independently of government authority. The security forces 
committed numerous serious human rights abuses.
    The economy grew rapidly during the year due to an increased 
production of oil and gas. Although the 2002 census estimated the 
population at approximately 1 million, credible estimates put the 
number at closer to 500,000. The majority of the population lived by 
subsistence agriculture, supplemented by hunting and fishing. 
Unemployment and underemployment were very high. Barter was a major 
aspect of the economy. The gross domestic product has increased 
substantially in the last 8 years; the rate of growth was approximately 
20 to 24 percent during the year. Estimates of per capita income varied 
between $930 and $5,000 (465,000 and 2.5 million CFA francs); most of 
the growth in income was due to an increase in crude oil production, 
which averaged more than 350,000 barrels per day during the year, and 
rising prices. Poor fiscal management and a lack of transparency in 
public accounting of national finances have undermined the country's 
economic potential. Oil companies have paved roads in Malabo, upgraded 
the island's electricity generating system, and funded a variety of 
health and environment projects designed to improve citizens' well 
being. There has been some concern regarding the use of irregular 
payments made by oil companies into bank accounts controlled personally 
by the President and the ruling elite. Most of the oil wealth remained 
in the control of the Government with little being distributed to the 
majority of the population, which remained poor. There was some 
evidence, including several infrastructure projects, that the 
Government started to use the country's oil wealth for the public good. 
Most foreign economic assistance was suspended due to the lack of 
economic reform and the Government's poor human rights record.
    The Government's human rights record remained poor, and the 
Government continued to commit serious abuses. Citizens did not have 
the ability to change their government peacefully. Security forces 
committed numerous abuses, including torture, beating, and other 
physical abuse of prisoners and suspects, which at times resulted in 
deaths. Prisoners often were tortured to coerce confessions. Prison 
conditions remained harsh and life threatening. Members of the security 
forces generally committed abuses with impunity. Security forces used 
arbitrary arrest, detention, and incommunicado detention. Foreigners 
with legal standing were arbitrarily harassed, detained, and deported. 
The judicial system repeatedly failed to ensure due process. The 
Government restricted the right to privacy and severely restricted 
freedom of speech and of the press. The Government continued to 
restrict the rights of assembly and association and limit freedom of 
movement. Corruption remained a problem. There were no effective 
domestic human rights nongovernmental organizations (NGOs). Violence 
and discrimination against women remained serious problems. 
Discrimination against ethnic minorities, particularly the Bubi ethnic 
group, and foreigners continued. The Government restricted labor 
rights. Child labor persisted and forced prison labor was used. The 
Government passed an antitrafficking law during the year, but 
trafficking in persons continued, largely unchecked by the Government.
                        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, 
security forces killed several persons through abuse and excessive 
force. For example, between May 28 and 30, approximately 20 persons 
attempted to take over a police station in what some observers believe 
was part of an attempted coup on Corisco Island. According to a 
government press release, security forces killed 5 persons while 
attempting to stop the assault; however, according to Amnesty 
International, soldiers shot and killed some of the attackers as they 
fled and summarily executed those who surrendered, resulting in between 
12 and 16 deaths. No action was taken against the soldiers responsible.
    There were no reports of extrajudicial killings, except for 
killings by security forces in reaction to perceived coup attempts.
    The Government did not prosecute any members of the security forces 
considered responsible for unlawful killings in previous years, nor is 
it likely to do so.
    There was no action taken against border guards responsible for the 
July 2003 killing of a Spanish aid worker in Bata.
    There were no developments in the 2002 killings by security forces 
of two persons.
    There were unverified reports of death resulting from torture 
during the year. On March 17, German citizen Gerhard Eugen Nershz, who 
was arrested in March on accusations of plotting a coup, died while in 
Black Beach Prison in Malabo. Government officials said he died of 
cerebral malaria, and a German autopsy indicated that he died of 
natural causes; however, there were reports that he showed signs of 
having been tortured and that prison officials denied him prompt 
medical treatment.
    There were no developments in the 2002 deaths by torture of three 
prisoners at the Black Beach Prison.

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

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The law does not specifically prohibit such practices, and 
although the law mandates respect for the liberty and dignity of 
persons, members of the security forces tortured, beat, and otherwise 
abused suspects, prisoners, and opposition politicians. In July, 
Amnesty International reported that torture was ``routine'' in the 
country's places of detention, and in 2002, the U.N. Commission on 
Human Rights (UNCHR) Special Representative Gustav Gallon described the 
use of torture as a ``normal means of investigation.'' Senior 
government officials told foreign diplomats during the year that human 
rights did not apply to criminals and that torture of known criminals 
was not a human rights abuse.
    There was one report of a prisoner's death due to torture and abuse 
by prison authorities (see Section 1.a.).
    There were reports that officials tortured political opposition 
activists and other persons during the year. For example, in March, 
police arrested Weja Chicampo, leader of the Bioko Island Movement, an 
opposition party. Prison officials reportedly tortured him in prison 
and denied him access to medical treatment and food brought by his 
family. At year's end he remained in jail.
    Five persons arrested in late May after the alleged attack on 
Corisco Island appeared on television before they went before a judge; 
small sections appeared to have been cut out of their ears. There were 
reports that one of the five individuals arrested, Alfredo Asumu, was 
suspended from the ceiling and beaten. At least two of the five 
individuals were reportedly denied medical treatment.
    On June 27, security forces shot Marcelino Manuel Nguema Esono, 
leader of the outlawed Progress Party, prior to his arrest and 
subsequent detention in Malabo's Black Beach Prison, where he was 
denied medical attention and placed in solitary confinement. At year's 
end he remained in jail.
    There continued to be unconfirmed reports that torture was used to 
extract forced confessions, particularly from the group of 19 persons 
arrested on March 9 for plotting a coup. For example, after a brief 
visit with her son in Black Beach Prison, a mother of one of the 
accused coup plotters claimed that her son's legs were broken due to 
torture during interrogation and that he had been chained to the wall 
and denied medical treatment. However, when the trial began in August, 
all the prisoners walked into the courtroom unaided and without obvious 
signs of pain.
    In November, there were unconfirmed reports that government agents 
arrested and tortured Lieutenant Colonel Maximiliano Owono Nguema, 
Military Chief of Einayong, in Bata.
    No action was taken against members of the security forces 
responsible for the use of torture in June and July 2003 to extract 
confessions from Felipe Ondo Obiang, leader of the Republican 
Democratic Forces, and 30 other prisoners belonging to a group of 144 
alleged coup plotters arrested in 2002 (see Section 1.d.). There was no 
action taken against security forces responsible for beatings and 
torture reported in 2002.
    During the year, local authorities singled out foreigners from 
neighboring countries for harassment such as verbal intimidation and 
arbitrary arrest. Police routinely extorted money from citizens of 
Cameroon, Nigeria, Ghana, Togo, and Benin. Beginning in March, 
following a coup attempt led by foreigners, the Government increasingly 
and arbitrarily harassed, arrested, and deported foreigners of African 
nationalities. Police in Bata and Malabo often used excessive force, 
including beatings, and looted property during the arrests and 
deportations; in addition, some deportees said that police had raped 
them; however, those claims had not been independently verified by 
year's end. The Government accused the deportees of being accomplices 
to the mercenaries arrested during a coup attempt in March. 
Approximately 300 Cameroonian nationals were expelled out of a total of 
400 foreign deportees.
    In November 2003, security forces harassed and assaulted a Malian 
citizen after the Malian did not heed an order to stop.
    There continued to be reports that security forces harassed oil 
company employees (see Section 1.d.).
    The conditions of jails and prisons in the country remained harsh 
and life threatening; inmates were not provided with food, medical 
care, working toilets, drinkable water, clean and healthful living 
space, or minimum equipment, such as beds. There were credible reports 
that conditions at Black Beach Prison continued to improve; however, 
there were also credible reports that prison authorities tortured 
prisoners (see Section 1.d.). Family members of prisoners reported that 
they were only allowed visits of several minutes and that guards would 
not distribute food brought for the inmates. Medical attention was 
routinely denied to prisoners with gangrene, broken bones, infections, 
and fatal illnesses.
    Prison authorities and male prisoners sexually assaulted female 
prisoners. There were credible reports that police gang-raped female 
prisoners in Malabo. Prisoners were used habitually as labor and as 
workers on construction projects for certain officials, without pay or 
other compensation. There were unconfirmed reports that judges used 
prisoners as domestic workers.
    Male and female prisoners were not held in separate facilities, nor 
were juveniles held separately from adult prisoners. Pretrial detainees 
and political prisoners were not held separately from convicted 
prisoners.
    The International Committee of the Red Cross (ICRC) visited 
detainees and prisoners at prisons and police stations multiple times 
during the year. The Red Cross was allowed visits in accordance with 
its standard modalities--meetings with prisoners without third parties 
and regular, repeated visits. The ICRC made recommendations to the 
Government, but did not release them publicly. Prison conditions have 
marginally improved, but remained harsh and well below international 
standards.
    In October, the U.N. and the Government began a series of seminars 
to raise awareness of human rights among prison employees.

    d. Arbitrary Arrest or Detention.--There were nominal legal 
procedural safeguards regarding the protection of citizens' rights, 
including provisions concerning detention and the obtainment of search 
warrants; however, security forces systematically ignored these 
safeguards and continued to arrest and detain persons arbitrarily and 
with impunity. Security forces often detained individuals ``on orders 
from superiors'' without any further formality.
    Responsibility for policing is divided between the police, who are 
primarily responsible for security in urban centers, and the gendarmes, 
who have responsibility for the areas outside the cities and for 
special events within cities. Both are under the control of the 
Ministry of Interior. Corruption was endemic within these forces. 
Citizens who were not police officers were allowed to arrest persons 
suspected of being illegal residents, increasing the frequency of 
arbitrary arrests based on xenophobia. Members of the security forces 
were rarely held accountable for abuses; impunity for police officers 
and gendarmes was a problem. In 2002, the then-U.N. Special 
Representative noted that some executive officials closely related to 
the security apparatus of the Government were treated as being above 
the law. There were no known reforms of the security forces proposed or 
enacted during the year.
    By law, arrests do not require warrants. Police can detain persons 
whom they arrest for up to 5 days before a hearing; however, in 
practice, the length of such detentions was usually much longer. The 
lack of a published penal code allows for frequent abuses by security 
forces.
    Police routinely detained prisoners and held them incommunicado 
(see Section 1.c.).
    Arbitrary arrest was a serious problem. Local authorities singled 
out foreigners from neighboring countries for arbitrary arrest, 
harassment, and deportation, especially following the coup attempt in 
March (see Section 1.c.). For example, in November 2003, police 
arbitrarily detained and handcuffed a Nigerian in his residence. The 
Nigerian embassy had to provide him with guards, and visitors had to 
provide basic necessities. The arresting police officer was later 
criticized by his superiors and issued an apology but was allowed to 
continue working.
    In January, police arrested Simon Maria Nsue Mokuy of the 
Republican Forces for Reflection and Action on Equatorial Guinea 
(FRRAGE) for distributing information about an upcoming FRRAGE meeting 
abroad; he was detained incommunicado without charge or trial for 6 
weeks.
    During the security forces' roundup of foreigners following the 
March coup attempt, police arbitrarily detained and questioned two 
foreign humanitarian volunteers vacationing in Luba before placing them 
under house arrest at their hotel for 2 days. In addition, police 
arbitrarily arrested and detained for several days a foreign missionary 
couple in Malabo.
    During the year, security forces continued to arbitrarily harass 
oil company employees, primarily by delaying them at checkpoints and 
demanding small bribes.
    Security forces detained relatives of prisoners and criminal 
suspects in an attempt to force the prisoners or suspects to cooperate 
(see Section 1.f.).
    In November, there were unconfirmed reports that the Government 
arrested more than 50 military officers on the mainland and tortured 
one of them, a lieutenant colonel (see Section 1.c.). At year's end, no 
additional information was available.
    Pretrial detention was a problem. The majority of inmates had not 
been charged, and their cases had not been heard in court. Prisoners 
often remained in detention at police stations awaiting hearings for 
longer than the 5 days prescribed by law because of judges who were 
absent from their posts.
    During the year, authorities reportedly detained members of 
political opposition parties for short periods. Some political 
detentions lasted more than a few months. It remained difficult to 
estimate the number of political detainees, although it was believed to 
be fewer than 100 persons. The Government used arrest, reported 
beatings and other forms of harassment to intimidate opposition party 
officials and members.
    Republican Democratic Forces (FDR) leader Felipe Ondo Obiang, 
arrested in March 2002 in connection with an alleged coup plot, was 
reportedly tortured and remained in Evaniyong Prison at year's end. He 
was chained to the wall by his left leg, which became swollen, and was 
held in solitary confinement for several months. It was believed that 
the 30 other prisoners arrested along with Ondo Obiang, including FDR 
leader Guillermo Nguema Ela, remained in prison, despite having been 
granted partial amnesty; however, their status had not been verified by 
year's end. They remained in difficult and substandard conditions; at 
least two of them required medical attention due to ill treatment and 
neglect.
    In September, police arrested Air Force Captain Felipe Obama. By 
year's end, there were no reports that charges had been filed against 
him or that he had been released. In November, Convergence for 
Democracy Party (CPDS) party member Pio Miguel Obama was arrested and 
held at the central Malabo police station. At year's end, no charges 
had been filed, and according to opposition reports, he had not been 
released.

    e. Denial of Fair Public Trial.--The Constitution provides for 
judicial independence; however, the judiciary was not independent. 
Judges served at the pleasure of the President, and they were 
appointed, transferred, and dismissed for political reasons. Judicial 
corruption was widespread.
    The court system is composed of lower provincial courts, two 
appeals courts, a military tribunal, and a Supreme Court. The President 
appoints members of the Supreme Court, who report to him and take their 
orders from him in practice. At least two military generals, neither of 
whom was a lawyer, served on the Supreme Court. The President was the 
most powerful influence on the judicial branch. The law allows the 
Ministry of Justice to undertake periodic inspections and name judges. 
There were approximately 60 judges in the country, about 20 percent of 
whom were trained lawyers. Some judges were regularly absent from their 
posts, resulting in delays in judicial proceedings. In December, upon 
the recommendation of the president of the Supreme Court, President 
Obiang fired a Malabo Court of First Instance judge and two of his 
clerks for incompetence and inaction in cases on his docket. The 
Parliament's Complaints Commission was a de facto judicial authority, 
although it had no formal legal jurisdiction. According to local media, 
the Parliament's president acted as a court of last resort.
    Tribal elders adjudicated civil claims and minor criminal matters 
in traditional courts in the countryside.
    The Constitution and laws provide for legal representation in 
trials and the right to appeal; however, in practice the authorities 
often did not respect these provisions. There were about 100 practicing 
lawyers, approximately one-quarter of whom practiced full-time and had 
no other profession. The Ministry of Education grants certificates to 
practice law, and the minimum requirement of having a law degree from 
any university worldwide can often be circumvented. Civil cases rarely 
came to public trial.
    Cases involving national security were tried by a military 
tribunal. Cases that essentially were political in nature frequently 
were referred to military courts, even when the defendants were 
civilians and the charges were not related to the military. The Code of 
Military Justice permits persons who disobey a military authority to be 
tried in a military tribunal whether or not they are military 
personnel. Military courts did not provide due process or other 
procedural safeguards, and proceedings were not made public.
    In February, nearly 120 civil and military officers were convicted 
in a 1-day secret trial of ``crimes against state security'' that 
allegedly concerned theft of public funds. Most of the defendants 
received sentences of 6 to 10 years in prison. No additional 
information was available at year's end.
    On August 23, the 19 mercenaries arrested in March went on trial 
before 3 civilian criminal court judges. On August 31, the prosecution 
asked for the indefinite suspension of the trial following the 
acquittal in Zimbabwe of 66 persons who had also been accused of 
involvement in the same plot to overthrow the President. On November 
24, the trial resumed when the Prosecutor General presented cases 
against 9 additional men, all members of the Progress Party, living in 
exile in Spain. On November 26, three South Africans were acquitted 
while the other defendants, including two citizens, received prison 
sentences of between 1 and 62 years. Both Amnesty International and the 
International Bar Association stated that the trial did not meet 
international fair-trial standards, particularly with regard to the 
absence of interpreters for foreign defendants.
    The Government continued to hold political prisoners, and it was 
estimated that there were fewer than 100 by year's end. These prisoners 
were all members of opposition parties or persons the Government 
accused of involvement in coup attempts. During the year, only the ICRC 
was permitted to visit them.

    f. Arbitrary Interference with Privacy, Family, Home, or 
Correspondence.--The law prohibits such actions; however, the 
Government did not respect these prohibitions in practice. There 
continued to be reports that security forces regularly searched homes 
and arrested occupants without warrants, generally with impunity. There 
continued to be reports of government surveillance of members of the 
opposition parties and of foreign diplomats. During the year, 
journalists and citizens continued to report that they strongly 
suspected monitoring of their telephone calls and e-mails by the 
Government.
    In March, police in Malabo rounded up a significant number of 
foreign nationals, mostly West Africans, and looted their property. The 
foreigners were displaced or repatriated following an attempted coup in 
March led by foreigners (see Section 1.c).
    Membership in the ruling party, the PDGE, generally was a large 
advantage for hiring and promotion, both in the public and private 
sectors. Membership in a rival political organization was reportedly 
grounds for dismissal from any position, public or private. Opposition 
politicians who were not participating in the Government often claimed 
to have been dismissed from their jobs after joining alternate 
political groups but had no legal redress.
    Security forces detained relatives of prisoners and criminal 
suspects in an attempt to force the prisoners or suspects to cooperate. 
For example, relatives of the Progress Party Activist Macelino Nguema 
Esono, including his wife Pilar Angue Adimi, daughter Elvira Okomo, and 
relative Nicolas Obiang, were arrested and tortured. Their homes were 
looted and dismantled.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and the Press.--The Constitution provides for 
freedom of speech and of the press; however, the Government severely 
restricted these rights in practice. During the year, the Government 
monitored journalists; the media remained firmly under government 
control, and journalists practiced self-censorship.
    The Government did not tolerate criticism of public institutions 
and public sector mismanagement and permitted no criticism of the 
President or the security forces. Opposition figures were warned that 
they should contain their criticisms to the floor of the Parliament, 
where they were severely outnumbered and easily overruled. Expatriates 
dependent on the Government did not voice complaints about the frequent 
abuses against them, ranging from the police demanding bribes for 
imaginary offenses to extortion of money by city, provincial, and 
federal officials for ``licenses'' for which there was no statutory 
basis. Complaints about official conduct in the country continued to be 
accompanied by requests not to be identified to avoid reprisals.
    An independent or privately owned press was nearly non-existent in 
the country. There were three general-interest periodicals operating 
under at least nominal government control that published irregularly: 
La Gaceta, a Malabo-based monthly magazine printed in Spain and 
published by an employee of the Ministry of Information, Tourism, and 
Culture; El Correo Guineo Ecuatoriano, a bimonthly newspaper published 
by the Gaceta group; and Ebano, a publication of the Ministry of 
Information, which appeared approximately twice a month. Foreign 
publications were available for sale at foreign-owned grocery stores; 
there were no bookstores or newsstands in the country.
    Radio was the most important and influential medium of mass 
communication. During the year, the Government continued to effectively 
dominate domestic radio broadcasting. It owned and operated the station 
Radio Malabo, officially known as National Radio of Equatorial Guinea. 
The President's son, Teodoro Nguema Obiang Mangue, owned the only 
private local radio station, Radio Asonga, based in Bata. The 
Government has not approved other applications for private radio 
stations that have been pending for several years.
    The only domestic television station was government-controlled, and 
broadcast only a few hours a day. Television Asonga, owned by President 
Obiang and run by his son in coordination with Radio Asonga, broadcast 
by cable only in Bata. Foreign cable television was available and 
provided news in French, Spanish, and English, as well as entertainment 
programming. Satellite reception increasingly was available.
    International electronic media was available and included Radio 
France International, which broadcast in Malabo, and Radio Exterior, 
the international short-wave service from Spain. Radio Exterior often 
broadcast news about the country and interviews with opposition 
politicians and was virtually the only means for the opposition to 
disseminate its views and positions widely. Its editorials, like those 
of most of the Spanish media, frequently were highly critical of the 
Government. The Government regularly accused Radio Exterior, sometimes 
with justification, of misrepresenting the situation in the country.
    Unlike in the previous year, the Ministry of Information no longer 
required national journalists to register with it; however, all 
journalists were required to register with the government-controlled 
local press association. There were 54 journalists registered in the 
association. Foreign journalists were generally allowed to travel and 
report independently. The law requires foreign media to obtain 
ministerial accreditation before or upon entering the country; however, 
during the year, some foreign journalists were permitted to enter the 
country with visas.
    Journalists were subject to harassment during the year. For 
example, on March 9, the President's press secretary denied a 
correspondent for Agence France-Presse, access to a presidential press 
conference in Malabo and refused to give an explanation; only 
journalists from the state radio and television stations were allowed 
access.
    On May 12, a government minister threatened to imprison an 
Australian television news crew, who were investigating the allocation 
of state oil revenue, unless they left the country that night. At the 
airport a few hours later, the director of national security, the 
President's brother, supervised a search of the crew's baggage and 
confiscated computer memory cards.
    In October, Peter Maass, a foreign writer researching a book on the 
oil industry, was deported for ``talking to people of concern to the 
Government and actions not coherent with his stated purpose.'' The 
Government seized his computer memory chip, although the chip was later 
returned. By year's end, the President had issued an apology concerning 
Maass' deportation.
    The law authorizes government censorship of all publications. 
During the year, the Ministry of Information sometimes required 
publishers to submit a copy for approval prior to publication. In 
addition, all local publications exercised self-censorship and were 
subject to prior restraint.
    The Government generally withheld access to domestic broadcasting 
from opposition parties and rarely referred to the opposition in 
anything but negative terms when broadcasting the news.
    The Association of the Press of Equatorial Guinea (ASOPGE), 
prevented in previous years from organizing exhibitions and conferences 
organized at least one conference and several other events. There was 
no additional information on former ASOPGE president Pedro Nolasco 
Ndong, who left the country in 2002 after the President reportedly 
ordered his arrest.
    The Government did not appear to restrict Internet access. However, 
the one Internet service provider was affiliated with the Government 
telephone monopoly, and there were unconfirmed reports that the 
Government monitored citizens using the Internet.
    During the year, the Government did not overtly restrict academic 
freedom; however, professors practiced self-censorship in relation to 
political matters. The Government opened its first public library 
during the year.

    b. Freedom of Peaceful Assembly and Association.--The Constitution 
provides for the right of assembly; however, the Government restricted 
this right in practice. Government authorization must be obtained for 
private home meetings of more than 10 persons for discussions that the 
Government considers political in nature. Although the Government 
formally has abolished permit requirements for party meetings within 
party buildings, in practice, opposition parties must inform the 
authorities to hold gatherings of any kind, regardless of location. 
Security forces generally monitored gatherings in public places, even 
small gatherings. The Government required notification for public 
events; however, it usually granted permission for such events.
    Prior to the April legislative elections, the Government harassed 
the opposition party CPDS and eventually denied it permission to host a 
convention.
    The Constitution provides for the right of association; however, 
the Government restricted this right in practice. The law prohibits the 
formation of political parties along ethnic lines. The law prohibits 
coalitions between political parties; however, six opposition groups 
continued to be part of a coalition, which allied itself with the 
ruling party during the year (see Section 3). Opposition party members 
complained of disruption of meetings. In addition, the political 
opposition was often monitored during meetings.
    By year's end, the Government had yet to recognize the Bioko Island 
Movement.

    c. Freedom of Religion.--The law provides for freedom of religion, 
and the Government generally respected this right in practice.
    The law includes a stated official preference for the Catholic 
Church and the Reform Church of Equatorial Guinea due to their 
traditional roots and historic influence in the social and cultural 
life. For example, a Roman Catholic Mass normally was part of any major 
ceremonial function, such as the October 12 national day.
    During the year, police arrested and detained a foreign missionary 
couple in Malabo (see Section 1.d.).
    A religious organization must be formally registered with the 
Ministry of Justice, Religion, and Penal Institutions before its 
religious activities are allowed. There were no reports during the year 
that the Government had refused to register any group. The approval 
process usually takes several years, due primarily to general 
bureaucratic slowness and not as the result of any apparent policy 
designed to impede the operation of any religious group.
    The Government continued to restrict the freedom of expression of 
the clergy, particularly regarding any open criticism of the 
Government. During the year, church representatives reported that they 
practiced self-censorship on these issues. The Government required 
permission for any religious activity outside the church building, but 
in practice this requirement did not appear to hinder organized 
religious groups.
    Religious study was required in schools and was usually, but not 
exclusively, Catholic. Protestants sometimes faced discrimination in 
schooling. For example, a Protestant church official cited difficulties 
when enrolling his children at school. At the school, each child was 
required to lead a daily Catholic-based devotional. When the child's 
father requested that a teacher of the child's own faith be made 
available, the school official claimed there was a lack of funds and 
stated that he could provide the teacher only if the child's church was 
willing to pay the teacher's salary.
    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 police routinely 
stopped citizens at roadblocks, subjected them to searches, harassed 
travelers, and extorted money from them. Police and soldiers continued 
to single out foreigners for harassment, mainly because they were 
perceived to have more means than most citizens (see Sections 1.c. and 
1.d.). The Government justified the roadblocks as internal controls to 
compensate for its inability to control the country's borders 
effectively. These checkpoints effectively restricted the freedom of 
movement of members of the opposition.
    All citizens were required to obtain permission to travel abroad 
from the local Police Commissioner, and some members of opposition 
parties were denied this permission. Those who did travel abroad 
sometimes were interrogated upon their return.
    The Constitution does not permit forced exile; however, the 
Government used forced internal exile. The Government did not use 
forced external exile; however, some persons have fled the country for 
political reasons. The leaders of the National Resistance of Equatorial 
Guinea Group reported that their attempts to return to the country were 
unsuccessful, and there were no reports of returnees during the year.
    The law provides for the granting of asylum and refugee status in 
accordance with the 1951 U.N. Convention Relating to the Status of 
Refugees and its 1967 Protocol, but the Government has not established 
a system for providing protection to refugees. In practice, the 
Government provided protection against refoulement, the forced return 
of persons to a country where they feared persecution, and granted 
refugee status or asylum. In recent years, an average of one or two 
persons requested refugee status in the country. The Government 
cooperated with the U.N. High Commissioner for Refugees (UNHCR).
    The police reportedly continued to harass asylum seekers, often for 
bribes, on an individual basis.
    The Government also provided temporary protection to certain 
individuals who may not qualify as refugees under the 1951 U.N. 
Convention or its 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; however, in practice citizens could not freely 
chose and change the laws and officials that govern them. There have 
been no free, fair, and transparent elections since independence in 
1968. The President exercised strong powers as head of state, commander 
of the armed forces, and founder and head of the government party, the 
PDGE. Impeachment of the head of state is forbidden in the 
Constitution. Leadership positions within the Government in general 
were restricted to the President's Mongomo sub-clan of the Fang ethnic 
group and its closest supporters. The Government completely dominated 
the elected Chamber of Deputies, and the Minister of the Interior also 
acted as President of the National Electoral Board.
    President Obiang won the December 2002 presidential election with 
97.1 percent of the vote and 98 percent of registered voters 
participating. Opposition leaders charged that census results showing a 
twofold population increase were flawed and that numbers were inflated 
to perpetuate election fraud. Prior to the elections, there were 
reports that arrests and harassment of opposition party members 
increased. Four of the leading opposition candidates published a 
statement that rejected the vote and called for new elections. There 
were widespread reports of irregularities on election day, including 
intimidation at the polls. The European Union expressed concern 
regarding the democratic process and severely criticized the way the 
presidential election was carried out.
    Prior to legislative elections in April, the Government harassed 
opposition party members and subjected them to arbitrary arrest. PDGE 
members went door-to-door, seeking out and threatening opposition 
supporters. On election day, there were widespread reports of 
irregularities, including intimidation at the polls. Voters were 
discouraged from voting in secret, ballots were opened, and ruling 
party representatives reportedly cast votes in their own right as well 
as on behalf of children and the deceased. There also were reports that 
security forces intimidated voters by their presence in polling booths. 
There was a lack of observers in rural areas. Although international 
observers claimed that the opposition CPDS party received about 12 
percent of the vote, the ruling party only offered the CPDS 2 seats in 
the 100-seat Parliament.
    The electoral law prohibits coalitions between political parties; 
however, at year's end, all legal political parties except the CPDS 
were aligned with and were part of the Government.
    There were 12 political parties that the Government called 
``opposition parties''; 11 have allied themselves with the ruling PDGE. 
The Government pointed to these opposition parties as examples of the 
country's multiparty democracy. The Government reportedly applied 
pressure to persuade opposition members or officials from most, but not 
all, opposition parties to join the PDGE party; opposition members 
joining the PDGE during the year suggested that such practices 
persisted. Reportedly the Government bribed members of the opposition.
    During the year, the Government intermittently moved its executive 
seat from Malabo to Bata in an effort to provide more of a presence on 
the mainland. Ministers and key party officials moved, but the 
bureaucratic infrastructure remained in Malabo.
    Government officials were required to declare their personal assets 
before a National Commission for Ethics; however, official corruption 
in all branches of the government remained a significant problem.
    President Obiang has been widely accused of spending the country's 
oil wealth on his own family and friends. On July 15, an extensive 
investigation by the legislature of a foreign country revealed the 
misappropriation of at least $35 million of oil revenues from foreign 
oil companies by President Obiang, his family, and other senior 
government officials through foreign bank accounts since the country 
started exporting oil in the mid- 1990s. The report found that in many 
cases the money went straight into accounts controlled personally by 
the President and his close associates. In response to the July 15 
report, the Government released a report refuting the allegations of 
oil revenue misappropriation.
    The law does not provide for access to government information, and 
in practice, it remained difficult for citizens to obtain access to 
government information due to a lack of organized record-keeping and 
archiving.
    There were 20 women in the 100-member legislature and 5 women in 
the 50-member cabinet. The Prime Minister was a member of the minority 
Bubi ethnic group.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    There were no effective domestic human rights NGOs. The law 
restricts NGOs and identifies specific areas in which they may operate; 
human rights were not among these areas.
    The government-controlled National Commission for Human Rights 
(CNDH) operated without adequate funding and staff. The Presidency 
appointed the members of the CNDH, and the CNDH refrained from 
criticizing the Government during the year. During the second half of 
the year, the CNDH, in cooperation with U.N. agencies, co(sponsored 
some human rights workshops concerning women, children, and detainees.
    No international human rights NGOs were resident in the country; 
however, there were signs of improvement in the relations between some 
international organizations and the Government during the year. For 
example, the Government allowed the UNICEF and the U.N. Development 
Program to become increasingly active in the areas of trafficking in 
persons, child protection, and economic development.
    Catholic Relief Services (CRS), operating out of Cameroon, confined 
its programming to health-related issues, citing safety concerns for 
staff and partners. There continued to be allegations from CRS, 
Reporters Without Borders, and the Center for Rural Development that 
NGO representatives visiting Malabo have had their movements, calls, e-
mails, and faxes monitored.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The Constitution prohibits all forms of discrimination; however, 
both governmental and societal discrimination against women and ethnic 
minorities continued.

    Women.--Domestic and other societal violence against women, 
particularly wife beating, was common. The public beating of wives was 
forbidden by government decree; however, violence in the home generally 
was tolerated. The Government did not prosecute perpetrators of 
domestic violence, except for one ongoing case concerning a government 
official who allegedly shot and killed his wife during the year.
    Prostitution is illegal; however, the massive influx of 
unaccompanied foreign men in the petroleum sector contributed to an 
increasing prevalence of prostitution. During periodic crackdowns, 
police arrested prostitutes but allowed their clients--generally 
expatriates--to go free.
    Although the Constitution provides for equal rights, women largely 
were confined by custom to traditional roles, particularly in 
agriculture. Polygyny, which was widespread, contributed to women's 
secondary status, as did limited educational opportunity.
    There was no discrimination against women in formal inheritance and 
family law; however, in the Fang, Ndowe, and Bisio cultures, 
primogeniture was practiced. Because women become members of their 
husband's family upon marriage, they usually were not accorded 
inheritance rights. When the husband dies, a widow either remains with 
his family in a dependent, marginalized position, or she returns the 
dowry and leaves with nothing.
    For an estimated 90 percent of women, including virtually all 
ethnic groups except the Bubi, tradition dictates that if a marriage is 
dissolved, the wife (or her father or brother) must return the dowry 
given to her family by the bridegroom at the time of marriage. 
Tradition also dictates that if a girl's family accepts a dowry from a 
man, she must then marry him, regardless of her wishes. If the marriage 
does not take place, the family is required by tradition to return the 
dowry, and failure to pay the debt can result in the imprisonment of 
the bride or a family member. The law protects women from imprisonment 
for not repaying the dowry following divorce; however, in practice, 
many divorced women faced intense family pressure to repay the dowry. 
If a marriage dissolves, the husband also automatically receives 
custody of all children born after the marriage, while the wife 
maintains custody of all her children born prior to the marriage.
    According to the law, women have the right to buy and sell property 
and goods; however, in practice, the male-dominated society permitted 
few women access to sufficient funds to engage in more than petty 
trading or to purchase real property beyond a garden plot or modest 
home.

    Children.--The Government devoted little attention to children's 
rights or their welfare and had few set policies in this area. In 
September the Parliament passed a trafficking in persons law, focused 
almost exclusively on trafficked children; however, no other provisions 
for the welfare of children were legislated.
    Education was compulsory through primary school, but the law was 
not agressively enforced. In practice, boys were expected either to 
complete an additional 7 years of secondary school or to finish a 
program of vocational study following primary education. For girls, 
pregnancy and the requirement to assist in agricultural or other work 
made attainment of this level of education less likely. Many rural 
families were unable to afford school fees and book expenses for 
children over 10 years of age. A UNICEF report noted that net primary 
school attendance from 1992 to 2002 was 60 percent for boys and 61 
percent for girls; however, secondary school enrollment was much lower, 
particularly for girls. From 1997 to 2000, the gross secondary school 
enrollment ratio was 43 percent for boys and 19 percent for girls. 
Women generally have only one-fifth of the educational level of men. 
During the year, new schools were opened; however, they were reported 
to lack basic materials such as books and desks. The Government 
cooperated with a foreign government to provide textbooks to all 
schools. Teachers could be political appointees and often received no 
training. Children suffered poor health and a high mortality rate. The 
2005 national budget, passed by the Parliament in September, allocated 
increased expenditures to education.
    Child prostitution existed but was rare. Trafficking of children 
continued to be a problem (see Section 5, Trafficking).
    According to a 2001 child labor study by UNICEF, the most recent 
information available, child labor existed primarily in the form of 
children working as farmhands and market vendors in family businesses 
(see Section 6.d.). In addition, during the year, there were 
unconfirmed reports that foreign children were used as market vendors 
by nonrelatives and had no access to schooling.

    Trafficking in Persons.--In September, Parliament passed a law 
criminalizing trafficking in persons; however, there continued to be 
reports that the country increasingly was a destination and transit 
point for trafficked persons.
    Children, mostly from Benin and Nigeria, primarily were trafficked 
into the agricultural and commercial sectors in Malabo and Bata. 
Nigerian boys worked in market stalls in Bata, often without pay or 
personal freedom. The country was both a destination and a transit 
point for trafficked girls and boys, mostly from Cameroon, Benin, and 
Nigeria. Women were trafficked for prostitution, especially to Malabo, 
where they worked for clients in the country's oil sector.
    There was evidence that lower-level law enforcement officials such 
as border guards and immigration officers facilitated trafficking in 
persons in exchange for bribes.
    By year's end, the Government had not established a system to 
conduct systematic monitoring or reporting of trafficking; however, 
toward the end of the year, the Government made efforts to address 
trafficking. In July, with guidance from a foreign government and 
UNICEF, the Government organized an inter-ministerial committee to 
explore ways of addressing the problem of trafficking in persons. In 
October, a second inter-ministerial meeting was held to begin designing 
an action plan to address the problem, and at a conference on 
trafficking during the year, the Government asked regional governors 
and local government authorities to monitor trafficking and report any 
cases to the Ministry of Justice. A trafficking in persons technical 
working group was established in November. In addition, during the 
year, the Government conducted a radio campaign to raise awareness of 
the new law against trafficking, and UNICEF co-hosted three human 
rights conferences involving government officials in which trafficking 
was a central issue.

    Persons with Disabilities.--There was no constitutional or legal 
provision to protect persons with disabilities from discrimination in 
employment, education, or the provision of other state services, and 
while there was no formal evidence of discrimination against persons 
with disabilities, anecdotal evidence suggested that basic care may 
have been withheld from children with disfiguring diseases such as 
polio. The law does not mandate access for persons with disabilities to 
buildings, and there was societal discrimination against persons with 
disabilities. During the year, a local charity added a classroom to its 
orphanage to train the mentally disabled.

    National/Racial/Ethnic Minorities.--Discrimination against ethnic 
or racial minorities was not legal, and the Government did not overtly 
limit the participation of minorities in politics; however, the near 
monopolization of political and economic power by the President's 
Mongomo sub-clan of the Fang ethnic group persisted. In practice, some 
members of ethnic minorities, particularly the Bubi ethnic group, faced 
discrimination because they were not members of the Fang ethnic group, 
or belonged to a Fang sub-clan other than the President's. Differences 
among sub-clans of the Fang ethnic group, especially resentment of the 
political dominance of the Mongomo sub-clan, were also sources of 
political tensions. Tensions also arose because most property was 
controlled by the dominant group, which afforded it greater access to 
economic prosperity and prevented competition from minorities from 
developing.
    Several thousand citizens of Nigeria, Ghana, and Francophone Africa 
continued to reside in the country, even after the deportations of 
foreigners in March (see Section 1.c.). Most were small traders and 
businesspersons. The police reportedly continued to harass and extort 
money from them as well as harassing asylum seekers on an individual 
basis.
    Citizens arbitrarily arrested foreigners during the year, 
reportedly as a result of xenophobia (see Section 1.d.).

    Other Societal Abuses and Discrimination.--Societal discrimination 
against homosexuals existed during the year; no additional information 
was available.
    Persons with HIV/AIDS continued to be victims of societal 
discrimination and often kept their illnesses hidden. However, during 
the latter part of the year, the Government and the World Health 
Organization cosponsored public awareness and sensitization campaigns 
on HIV/AIDS.
Section 6. Worker Rights
    a. The Right of Association.--The Constitution provides for the 
right to organize unions; however, the Small Farmers Syndicate was the 
country's only legally recognized labor union. According to the 
International Confederation of Free Trade Unions, authorities have 
consistently refused to register the Equatorial Guinea Trade Union, 
which has been forced to carry out its activities in secret. There were 
a few cooperatives with limited power. The law stipulates that a union 
must have at least 50 members who are from a specific workplace and 
located in the same geographic area to register; this effectively 
blocked union formation. Authorities refused to legalize the public 
sector union, the Independent Syndicated Services, despite having met 
the requirements of the law.
    During the year, the country's major private employer, the oil 
industry, which was dominated by foreign firms, continued to take steps 
to reduce government control of hiring in the industry. To eliminate 
political bias in the hiring process, companies employed methods 
ranging from public advertising of jobs and objective testing to 
screening of applicants by non-citizens only. According to regional 
representatives of the International Labor Organization (ILO), these 
efforts largely have been ineffective, and the Government continued to 
influence employment in all sectors.
    There were instances when the Government retaliated against 
political opponents by compelling their employers to dismiss them.
    There was no law prohibiting anti-union discrimination, and during 
the year there were reports that when workers tried to form unions, the 
police visited their homes and intimidated them.
    The law does not recognize the right of labor unions to affiliate 
with international bodies, and there were no reports of such 
affiliation during the year.

    b. The Right to Organize and Bargain Collectively.--The law 
provides workers the right to organize and bargain collectively; 
however, the Government placed practical obstacles before groups 
wishing to organize. The Government and employers set wages, with 
little or no participation by workers. There was no evidence of 
collective bargaining by any group; however, the Labor Ministry 
sometimes mediated labor disputes. For example, there was a 1-day 
strike at the Consolidated Contractors International Company (CCIC) 
regarding minimum wages; the Labor Ministry intervened and resolved the 
problem. It also met with oil companies to reconcile a language dispute 
over minimum wages and facilitated an agreement. There are no export 
processing zones.
    The law provides for the right to strike; however, workers were 
effectively prohibited from striking, although on rare occasions 
workers engaged in temporary protests or ``go slows'' (work slowdowns 
and planned absences). The Labor Code contains provisions to uphold 
worker rights, but the Government generally did not enforce them, in 
part because of inadequate staffing in the Ministry of Labor. Apart 
from the Labor Ministry, workers had few other places to seek redress. 
Members of Parliament reportedly tried to mediate employer-worker 
disputes over wages or dismissals; however, they had no legal authority 
to do so.

    c. Prohibition of Forced or Compulsory Labor.--The law forbids 
forced or compulsory labor--including forced labor by children--and 
slavery; however, detainees and convicted felons performed extensive 
labor outside prison, including for prison officials, without 
compensation (see Section 1.c.).

    d. Prohibition of Child Labor and Minimum Age for Employment.--The 
legal minimum age for employment was 14 years, but the Ministry of 
Labor did not enforce this law, and child labor was common particularly 
on family farms and businesses. Underage youth performed both family 
farm work and street vending. While the Ministry of Labor was 
responsible for the enforcement of labor legislation, the Government 
did not have a comprehensive policy on child labor.

    e. Acceptable Conditions of Work.--Employers must pay the minimum 
wages set by the Government, and most companies paid more than the 
government-established minimum wage. There was a two-tier structure 
that created a separate wage system for private sector workers inside 
and outside of the oil sector. Companies subcontracted to the oil 
industry were considered part of the oil sector. The minimum monthly 
wage for all private sector workers was approximately $180 a month 
(90,000 CFA francs). Within each group (oil and non-oil), a multi-
tiered system of classification was created, and workers were graded 
according to education-level, skills, and experience. Wages increased 
according to these factors and the responsibilities of the position. 
High-level professional employees of international companies received 
salaries near to or the same as expatriate workers. Any additional task 
or duty added to a worker's responsibility required the worker to 
receive a minimum increase of 25 percent of base pay, and workers 
received such increases in practice. Changes to the labor code in 2003 
also raised the public sector minimum wage to match the private sector; 
however, application of the minimum wage was inconsistent in the public 
sector. The minimum non-oil sector wage was generally insufficient to 
provide a decent standard of living in the capital city for a worker 
and dependant family.
    The law prescribes a standard 35-hour workweek and a 48-hour rest 
period, which generally were observed in practice in the formal 
economy. Exceptions were made for particular jobs, such as those 
concerning off-shore oil industry work.
    The Labor Code provides for comprehensive protection for workers 
from occupational hazards; however, the Government did not enforce this 
in practice. The Government had an insufficient number of labor 
inspectors to oversee local industry. The Government continued training 
more inspectors during the year.
    Employees who protested unhealthy or dangerous working conditions 
risked losing their jobs.

                               __________

                                ERITREA

    Eritrea is a one-party state that became independent in 1993 when 
its citizens voted for independence from Ethiopia. The Eritrean 
People's Liberation Front (EPLF), which led the 30-year war for 
independence, has controlled the country since it defeated the 
Ethiopian armed forces in 1991; its leader, Isaias Afwerki, is the 
President. The EPLF became the People's Front for Democracy and Justice 
(PFDJ) and redefined itself as a political party in 1994; it is the 
sole political party in the country. Presidential and legislative 
elections have been continuously postponed. The Constitution, ratified 
in 1997, provides for democratic freedoms; however, its provisions have 
not been implemented. The judiciary was weak and subject to executive 
interference.
    Police were officially responsible for maintaining internal 
security, and the army was responsible for external security; however, 
the Government could call on the armed forces, the reserves, and 
demobilized soldiers in response to both domestic and external security 
requirements. Civilian authorities maintained effective control of the 
security forces. In addition to border incidents with Ethiopia, the 
army contended with the Eritrean Islamic Jihad Movement (ERIJM), a 
small, Sudan-based insurgent group that continued to attack in the 
north and west since 1993. Some members of the security forces 
committed serious human rights abuses.
    The country had a mixed economy, with trade, services, and 
manufacturing accounting for the greatest portion of gross domestic 
product and subsistence agriculture dominating the rural economy. 
According to an estimate during the year, more than 70 percent of the 
population of approximately 4.4 million engaged in farming and herding. 
Real economic growth rose from negative 1.2 percent in 2003 to positive 
1.8 percent. Wages did not keep pace with inflation. The continued 
integration of as many as 75,000 Eritreans, or Ethiopians of Eritrean 
origin deported from Ethiopia, more than 100,000 long-term refugees 
from camps in Sudan, and an unknown number of internally displaced 
persons (IDPs), continued to burden the economy. In addition, much of 
the skilled labor force continued to serve in the national service. 
More than one-third of the population depended on foreign emergency 
assistance. The PFDJ and the military exerted a growing economic 
influence through numerous investments in businesses owned by the party 
or the military.
    The Government's human rights record remained poor, and it 
continued to commit serious abuses. Citizens did not have the ability 
to change their government. Security forces were responsible for 
unlawful killings; however, there were no new reports of 
disappearances. There were numerous reports that security forces 
resorted to torture and physical beatings of prisoners, particularly 
during interrogations, and security forces severely mistreated army 
deserters and draft evaders. The Government generally did not permit 
prison visits by local or international groups, except the 
International Committee of the Red Cross (ICRC). Arbitrary arrests and 
detentions continued to be problems; an unknown number of persons were 
detained without charge because of political opinion. The use of a 
special court system limited due process. The Government at times 
infringed on the right to privacy. The Government severely restricted 
freedom of speech and press, and restricted freedom of assembly, 
association, freedom of religion for religious groups not approved by 
the Government, and freedom of movement. Human rights groups were not 
allowed to operate in the country. Violence and societal discrimination 
against women continued to be problems, and female genital mutilation 
(FGM) remained widespread despite government efforts to discourage the 
practice. Members of the Kunama ethnic group also faced societal 
discrimination. The Government restricted workers' rights. Child labor 
occurred.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Arbitrary or Unlawful Deprivation of Life.--There were no 
politically motivated killings by the Government or its agents; 
however, the Government continued to authorize the use of deadly force 
against anyone resisting or attempting to flee during military searches 
for deserters and draft evaders, and deaths occurred during the year. 
For example, in November, there were credible reports of the deaths of 
20 civilian and 4 security force members in an incident at a detention 
facility near Asmara following searches for military draft evaders in 
and around the capital. The individuals were killed when a cinderblock 
wall at the facility collapsed, and guards reportedly fired at inmates 
attempting to escape. No action was taken against the guards.
    According to the Government Commission for Coordination with the 
U.N. Peacekeeping Mission, there were an estimated 3 million landmines 
and unexploded ordnance in the country. The ERIJM and others laid some 
new mines during the year. The U.N. reported 13 deaths and 19 injuries 
from landmine incidents during the year; at least 2 of these casualties 
involved newly laid landmines. It was probable that there were 
additional, unreported deaths in remote areas.
    There was no additional information during the year regarding the 
April 2003 killing of British national Timothy Butt in the western 
Bisha region. There were reports that unidentified militants killed 
Butt.
    During the year, the Government did not release a report concerning 
its investigation of the August 2003 killing of two citizens who worked 
for Mercy Corps International.

    b. Disappearance.--There were no reports of politically motivated 
disappearances during the year; however, there were unresolved 
disappearances from previous years.
    There were no developments in the 2003 arrests of an unknown number 
of Kunama, an ethnic group residing predominantly near the border with 
Ethiopia, detained because of their association with other captured or 
killed Kunama insurgents. At year's end, the whereabouts of the 
arrested Kunama remained unknown.
    At year's end, the whereabouts of 11 senior PFDJ and National 
Assembly members, arrested by the Government in 2001, remained unknown 
(see Section 1.d.).

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The Penal Code prohibits torture; however, there were 
numerous reports that security forces resorted to torture and physical 
beatings of prisoners, particularly during interrogations. During the 
year, security forces severely mistreated and beat army deserters, 
draft evaders, and members of particular religious groups (see Section 
2.c.). Security forces detained deserters and draft evaders and 
subjected them to various disciplinary actions that included prolonged 
sun exposure in temperatures of up to 113 degrees Fahrenheit or the 
binding of hands, elbows, and feet for extended periods.
    There were reports that some women drafted into the national 
service were subjected to sexual harassment and abuse.
    There continued to be numerous reports of injuries and some deaths 
from landmines and unexploded ordnance (see Section 1.a.).
    Prison conditions remained Spartan. The Government generally 
permitted three visits per week by family members, except for detainees 
arrested for national security reasons. These prisoners were not 
allowed visits. There were no confirmed reports that any prisoners died 
due to lack of adequate medical care.
    There were substantial reports that prison conditions for persons 
temporarily held for evading military service were poor. Unconfirmed 
reports suggested there may be hundreds of such detainees. Draft 
evaders were typically held between 1 and 12 weeks before being re-
assigned to their units. At a detention facility outside Asmara, 
detainees reportedly were held in an underground hall with no access to 
light or ventilation, and in sometimes very crowded conditions. Some 
detainees reportedly suffered from severe mental and physical stress 
due to these conditions.
    Women and men were held in separate facilities. There were no 
juvenile detention centers or correction facilities, and juvenile 
offenders often were incarcerated with adults. Pretrial detainees 
generally were not held separately from convicted prisoners; however, 
in some cases, detainees were held separately. For example, human 
rights observers believed that the 11 PFDJ and National Assembly 
detainees and others detained on national security grounds in 2001 were 
held separately, although their whereabouts remained unknown. These 
political detainees continued to be denied visitors during the year.
    The Government allowed the ICRC to visit and register Ethiopian 
civilian detainees in police stations and prisons; however, the ICRC 
was not permitted to visit the unknown number of Ethiopian soldiers who 
the Government claimed were deserters from the Ethiopian army. The ICRC 
was allowed to monitor prison conditions, but local groups were not.
    Unlike in past years, there were no reports of prolonged detentions 
of Sudanese nonpolitical prisoners.

    d. Arbitrary Arrest or Detention.--The law prohibits arbitrary 
arrest and detention; however, arbitrary arrest and detention were 
serious problems.
    The police force was adequate in enforcing traffic laws and in 
acting against petty crime, but it did not have a role in cases 
involving national security. Corruption was not prevalent. During 2003, 
the police force was reorganized, and active duty military officers 
were placed in charge of key police divisions. The military has the 
power to arrest and detain persons, and internal security forces and 
the military detained many persons during the year.
    The Penal Code stipulates that detainees may be held for a maximum 
of 30 days without being charged with a crime. In practice, authorities 
often detained persons suspected of crimes for much longer periods. 
Detainees did not always have access to legal counsel (see Section 
1.e.), and incommunicado detention was widespread. There was a 
functioning bail system for all cases except those involving national 
security or subject to capital punishment.
    Security forces detained, generally not for more than 3 days, many 
persons during searches for evaders of national service, although they 
had valid papers showing that they had completed or were exempt from 
national service (see Section 1.c.).
    The Government continued to arrest journalists (see Section 2.a.).
    The Government continued to arrest and detain members of 
nonsanctioned religious groups; some persons have been in detention for 
more than 10 years (see Section 2.c.).
    Ethiopian nationals reportedly were singled out for arrest because 
they were unable to pay the necessary fees to renew their residency 
permits every 6 months. Although numbers of detainees fluctuated from 
month to month, the ICRC visited approximately 300 Ethiopians who were 
detained at various times during the year.
    There were reports that the Government imprisoned and continued to 
hold incommunicado and without charges approximately 110 citizens 
deported from Libya in July.
    There were no developments concerning the approximately 220 
citizens deported from Malta in 2002 on suspicion that they had fled 
the country to escape or avoid national service. It is believed that 
they were held at secret locations without contact with their families 
and without formal charges. There were reports that security forces 
killed some of those who tried again to escape.
    Three elderly businessmen who had been held without charge after 
their attempt to mediate the 2001 dispute within the PFDJ were released 
during the year.
    There were reports that the Government continued to hold numerous 
members of the Eritrean Liberation Front, an armed opposition group 
that fought against Ethiopia during the struggle for independence.
    The Government held numerous pretrial detainees during the year. An 
unknown number of persons suspected of association with the Ethiopian 
Mengistu regime, with Islamic elements considered radical, or with 
suspected terrorist organizations, continued to remain in detention 
without charge, some of whom have been detained for more than 10 years.
    There were reports of numerous politically motivated detentions of 
those who were seen as critical of the Government, and many of those 
detained remained in prison at year's end. Many were perceived to have 
ties to political dissidents or were believed to have spoken against 
government actions. There were unconfirmed reports that the number of 
such persons detained may be several hundred.
    There were no developments in the 2002 arrests of individuals 
associated with the detained group of 11 PFDJ/National Assembly members 
and of diplomats who were recalled from their posts. At least four of 
these detainees, in addition to many detained in previous years, 
remained in prison without charges at year's end. Among the detainees 
were former Ambassador to China Ermias Debessai (Papayo), arrested most 
recently in November 2003, and Aster Yohannes, wife of former Foreign 
Minister Petros Solomon, arrested in December 2003.
    Two citizens who worked for a foreign embassy have remained in 
detention without charge since 2001.

    e. Denial of Fair Public Trial.--The law provides for an 
independent judiciary; however, the judiciary was weak and subject to 
executive control. The judiciary relied on the Ministry of Justice for 
logistical and budgetary support, which limited its independence. 
Public trials generally were perceived as fair, but virtually all cases 
involving individuals detained for national security or political 
reasons were not brought to trial.
    The drafting into national service of many civilians, including 
court administrators, defendants, judges, lawyers, and others involved 
in the legal system, continued to have a significant negative effect on 
the judiciary; however, during the year, the ministry made certain 
improvements in judicial capacity. For example, elections were held 
throughout the country to staff approximately 700 village courts with 
local judges. The High Court, which had been reduced to three benches 
in 2003, was restored to seven benches, and a separate bench heard 
final appeals. Unlike in the previous year, the High Court had no case 
backlog.
    The judicial system had three parts: Civilian; military; and 
special courts. The civilian court system consisted of community 
courts, subregional courts, regional courts, and the High Court, which 
also served as an appellate court. Appeals could be made in the 
civilian courts up to the High Court. Not all appeals are accepted for 
a hearing at the High Court level, and the High Court takes an average 
of 2 months to decide if it will hear an appeal. Under the legal 
system, minor infractions involving sums of less than approximately 
$7,400 (100,000 nakfa) were brought to community courts and subregional 
courts. More serious offenses were argued before regional courts, but a 
significant proportion of cases involving murder, rape, and other 
felonies were heard by the High Court. A single judge heard all cases, 
except those argued before the High Court, where panels of three judges 
heard cases.
    The judicial system suffered from a lack of trained personnel, 
inadequate funding, and poor infrastructure that, in practice, limited 
the Government's ability to grant accused persons a speedy trial.
    At independence, the Government chose to retain many Ethiopian 
legal proclamations, but issued new laws via proclamation, covering, 
among others, commercial, criminal, banking, and civil matters.
    Detainees did not always have access to legal counsel. Defendants 
could hire a legal representative at their own expense; however, not 
all detainees could afford to do so. Although there was no formal 
public defender's office, the Government frequently assigned attorneys 
to represent defendants accused of serious crimes punishable by more 
than 10 years in prison and who could not afford legal counsel. 
Defendants could appeal verdicts to a High Court panel, composed of the 
High Court president and four other judges.
    Most citizens had contact only with the legal system through the 
traditional village courts. Elected village judges heard civil cases, 
while magistrates versed in criminal law heard criminal cases. Village 
courts and local elders used customary law to adjudicate local problems 
such as property disputes and petty crimes. The Ministry of Justice 
offered training in alternative dispute resolution to handle some civil 
and criminal cases.
    Shari'a law could be applied when both litigants in civil cases 
were Muslims. Traditional courts cannot impose sentences involving 
physical punishment.
    The executive-controlled special courts issued directives to other 
courts regarding administrative matters, whereas their domain was 
supposed to be restricted to criminal cases. The special court system 
ostensibly was created to reduce a growing backlog in the civilian 
court system; however, in practice, special courts, which banned 
defense counsel and the right of appeal, allowed the executive branch 
to mete out punishment without respect for due process. Judges in the 
special courts were senior military officers, most of whom had little 
or no legal experience. They based their decisions on ``conscience,'' 
without reference to the law. There was no limitation on punishment. 
The special courts had jurisdiction over many criminal cases, such as 
capital offenses, felonies, some misdemeanors, cases of tax evasion 
involving large sums, and cases of embezzlement by senior officials. 
The office of the Attorney General decided which cases were to be tried 
by a special court. The Attorney General also allowed special courts to 
retry civilian court cases, including those decided by the High Court, 
thereby subjecting defendants to double jeopardy.
    Special courts also reportedly were authorized to handle crimes 
involving corruption, theft, and misuse of government authority; 
however, the courts had not heard such cases.
    There were no reports of political prisoners; however, there were 
numerous reports of persons detained for political reasons (see Section 
1.d.).

    f. Arbitrary Interference with Privacy, Family, Home, or 
Correspondence.--The law prohibits such actions; however, the 
Government at times infringed on the right to privacy. Under the law, 
warrants are required for routine searches and seizures, except in 
cases where authorities believe individuals may attempt to escape or 
destroy evidence.
    The Government deployed military police throughout the country 
using roadblocks, street sweeps, and house-to-house searches to find 
deserters and draft evaders.
    Warrants are theoretically required before the Government can 
monitor mail, telephones, or other means of private communication; 
however, in practice, the Government often did not obtain warrants. 
There were reports that the Government monitored telephone calls and e-
mail. Government informers were believed to be present throughout the 
country.
    There were reports that military officials seized residences 
belonging to relatives of persons identified with the political 
opposition and rented the property or used it as housing for senior 
military officers' families.
    Unlike in previous years, there were no reports that the Government 
took land from ethnic Kunama without compensation.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The law provides for freedom of 
speech and of the press; however, the Government severely restricted 
this right in practice. The private press remained closed, and most 
independent journalists remained in detention or had fled the country, 
effectively preventing public criticism of the Government. Private 
newspapers were banned, and the ban remained in effect at year's end.
    The Government controlled all media, including three newspapers, 
one radio station, and one television station. There were no private 
media in the country. Publications distributed by religious or 
international organizations had to be submitted for government approval 
before their release. The law does not allow private ownership of 
broadcast media or foreign influence or ownership of media. The press 
law forbids reprinting of articles from banned publications. The 
Government continued to restrict the right of the religious media to 
comment on politics or government policies.
    The Government permitted one reporter for a foreign news 
organization to operate in the country. In September, the Government 
ordered another reporter who had previously reported for the British 
Broadcasting Corporation and Reuters to leave the country.
    The arrests of journalists continued during the year. In September, 
authorities reportedly arrested Goitom Biahon, a journalist who 
submitted reports to Deutsche Welle, for filing a story that the 
Ministry of Information (MOI) found unfavorable. At year's end, he 
reportedly was being held without charges.
    In late December, the Government released Aklilu Solomon, a 
journalist arrested in 2003 who had submitted articles to the Voice of 
America. At least 15 other journalists who were arrested in 2001 
remained in government custody at year's end.
    The Government had the authority to ban the import of foreign 
publications, and it did so during the year.
    The Government did not restrict access to the Internet. In October, 
the Government announced that all Internet cafes would be closed, and 
Internet access would be moved to libraries and schools; however, at 
year's end, Internet cafes had not been closed.
    The Government restricted academic freedom; freedom of speech, free 
movement of students and their ability to assemble were not respected 
in the academic context. The status of the University of Asmara, the 
only institution of higher education, was uncertain, because 
prospective students for the last 2 years were diverted to the Mai 
Nafhi Technical Institute and did not continue to the university (see 
Section 5, Children).

    b. Freedom of Peaceful Assembly and Association.--The law provides 
for freedom of assembly and association; however, the Government did 
not permit freedom of assembly or association. The Government did not 
allow the formation of any political parties other than the PFDJ.

    c. Freedom of Religion.--The law provides for freedom of religion; 
however, the Government restricted this right in practice. Only the 
four government-sanctioned religious groups in the country--Orthodox 
Christians, Muslims, Catholics, and members of the Evangelical Church 
of Eritrea (an umbrella group of several Protestant churches affiliated 
with the Lutheran World Federation)--were allowed to meet freely during 
the year. Although reports of government abuse of nonregistered 
churches declined in the second half of the year, arbitrary arrests 
continued. For example, on December 31, 60 members of the Rema 
Charismatic Church in Asmara reportedly were arrested in the home of 
the church leader.
    During the year, there continued to be reports that security forces 
used torture, such as bondage, heat exposure, and beatings to punish 
those detained for their religious beliefs, and that some detainees 
were required to sign statements repudiating their faith, or agreeing 
not to practice it, as a condition for release. There continued to be 
reports that relatives were asked to sign for detainees who refused to 
sign such documents.
    During the year, there were reports that several dozen followers of 
various nonsanctioned churches (mostly Protestant) were detained, 
harassed, and abused. For example, in February, authorities in Asmara 
reportedly beat and arrested 12 members of the Full Gospel Church while 
they were praying in a private home. They were released after 
approximately 1 month. Of the detained, one was under the age of 18 and 
another had disabilities; both of these detainees were released after 4 
days of imprisonment.
    Also in February, authorities arrested 50 members of the Hallelujah 
Church in Asmara; by the end of the year, these individuals reportedly 
had been released. In March, authorities in Assab arrested 20 members 
of the Kalehiwot Church while they were praying in a private home, and 
they reportedly remained in custody at year's end.
    In late May, authorities arrested the leaders of the Eritrean 
Evangelical Alliance, the Full Gospel Church, and the Rhema Church; at 
year's end, they continued to be held without charges.
    Human rights observers did not know whether the Government had 
released the 57 students arrested in August 2003. By year's end, the 
Government reportedly had released the 12 Bethel Church members 
arrested in September 2003.
    At year's end, the Government had released approximately 10 of the 
74 military and national service personnel arrested in 2002 and 
imprisoned near Assab. Reports suggested that the remaining 64 
individuals were being detained until they repudiate their faith.
    The Government also harassed and monitored members of one reformist 
Orthodox group known as ``Medhane Alem,'' whose religious services the 
Government did not find appropriate. There were reports that the 
Government monitored all public religious services and issued warnings 
or shut down services that it interpreted as promoting extremism, 
antigovernment views, or foreign influence.
    Following the MOI's 2002 closure of many religious groups, 
including the Baha'is, Rhema Church, Presbyterians, Full Gospel, 
Jehovah's Witnesses, and other small Protestant groups, no group has 
been allowed to reopen, although some groups submitted the required 
registration forms. The four government-sanctioned religious groups 
were not required to fill out as detailed a registration form as other 
groups.
    There were some complaints that the Government discriminated 
against the Muslim community and Catholics because the Government 
offered tax relief to Orthodox churches, but not to some mosques and 
Catholic churches.
    The Government prohibited political activity by religious groups 
and faith-based nongovernmental organizations (NGOs). The Government's 
Office of Religious Affairs monitored religious compliance with this 
proscription against political activity.
    There were negative societal attitudes toward members of some 
religious denominations other than the four sanctioned ones. Some 
citizens approved of the strict measures levied against unsanctioned 
churches, especially the charismatic Christian churches and Jehovah's 
Witnesses during the year.
    The Government continued to harass, detain, and discriminate 
against the small community of Jehovah's Witnesses because of their 
refusal, on religious grounds, to vote in the independence referendum, 
or the refusal of some to perform national service. The Government 
dismissed members of Jehovah's Witnesses from the civil service. Many 
were evicted from or not allowed to occupy government-owned housing. 
Members of Jehovah's Witnesses frequently were denied passports and 
exit visas, and some could not get identity cards or had their cards 
revoked.
    In January, Asmara authorities reportedly arrested approximately 40 
Jehovah's Witnesses who were praying in a private home. One of the 
members in his 90s was not released until September. At year's end, 
approximately 15 of the 40 members remained incarcerated. None of the 
members arrested reportedly received due process, that is, a court 
hearing and a judicial decision that authorized their imprisonment.
    According to the Office of General Counsel for Jehovah's Witnesses 
Society, 20 Jehovah's Witnesses remained imprisoned without charge, 
including 6 allegedly detained during the year for failing to 
participate in national service. Although the maximum penalty for 
refusing to perform national service is 3 years' imprisonment, three of 
the individuals had been detained for more than 10 years. Of the 
Jehovah's Witnesses detained, 10 were reportedly held at Sawa Military 
camp and 1 at a prison in Asmara.
    The army resorted to various forms of extreme physical punishment 
to force objectors, including some Jehovah's Witnesses, to perform 
their military service (see Section 1.c.).
    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 restricted some of them in practice. While 
citizens generally could travel freely within the country and change 
their place of residence, authorities sometimes restricted freedom of 
movement and emigration. For security reasons, the Government 
restricted travel to some areas within the country. Military police 
periodically set up roadblocks in Asmara and on roads between other 
cities to find draft evaders and deserters, and periodic crackdowns 
continued during the year (see Section 1.d.).
    There were reports that Ethiopians who remained in the country were 
not allowed to live in the Debub Province bordering Ethiopia.
    The Government continued to restrict travel along much of the 
border with Sudan. Some areas remained heavily mined, a legacy of the 
war for independence. Occasionally, the ERIJM or others planted new 
mines, leading to additional travel restrictions (see Section 1.a.).
    Citizens and foreign nationals were required to obtain an exit visa 
to depart the country. There were numerous cases where foreign 
nationals were delayed departure for up to 2 months, or initially 
denied permission to leave, when they applied for an exit visa. During 
the year, the Government announced that citizens who had left the 
country without exit visas would be allowed to return to the country 
without legal consequences; however, at year's end, it was unclear if 
this provision had been implemented.
    Citizens of national service age (men 18 to 45 years of age, and 
women 18 to 27 years of age), Jehovah's Witnesses (see Section 2.c.), 
and others who were out of favor with or seen as critical of the 
Government were routinely denied exit visas. Students who wished to 
study abroad often were unable to obtain exit visas. In addition, the 
Government frequently refused to issue exit visas to adolescents and 
children as young as 5 years of age, either on the grounds that they 
were approaching the age of eligibility for national service or because 
their diasporal parents had not paid the 2 percent income tax required 
of all citizens residing abroad. Some citizens were given exit visas 
only after posting bonds of approximately $7,400 (100,000 nakfa).
    In general, citizens had the right to return; however, citizens had 
to show proof that they paid the 2 percent tax on their income to the 
Government while living abroad to be eligible for some government 
services on their return to the country. Applications to return from 
citizens living abroad who had broken the law, contracted a serious 
contagious disease, or had been declared ineligible for political 
asylum by other governments, were considered on a case-by-case basis.
    The law has no provision concerning exile, and the Government 
generally did not use exile.
    During the year, the Government repatriated approximately 549 
Ethiopians to Ethiopia. They were repatriated voluntarily and with ICRC 
participation.
    Approximately 67,000 IDPs from the conflict with Ethiopia remained 
in 11 camps in the Debub and Gash Barka zones at year's end. Camp 
facilities were rudimentary, but conditions generally were adequate. 
There also was a large but unknown number of IDPs residing outside 
camps during the year.
    The law does not provide for the granting of asylum or refugee 
status in accordance with the definition in the 1951 U.N. Convention 
Relating to the Status of Refugees or its 1967 Protocol, and there is 
no domestic legislation relating to refugees. Consequently, the 
Government cannot issue legal refugee status or asylum to persons 
seeking protection on its territory; however, the Government offers 
temporary protection to persons from Sudan and Somalia and provided 
protection against refoulement, the return of persons to a country 
where they feared persecution. The Government cooperated with the 
office of the U.N. High Commissioner for Refugees (UNHCR) in assisting 
refugees. There were 732 Sudanese refugees at Elit camp in the west and 
3,400 Somali refugees at Emkulu camp, near Massawa. There were also up 
to 30,000 Beja Sudanese and approximately 600 Ethiopians in the Gash 
Barka region to which UNHCR had no access or responsibility. UNHCR 
accommodated 441 Ethiopians in urban areas who arrived over the past 
several years. The Government issued, for a fee, residency permits to 
Ethiopians living in the country.
    UNHCR reported that it repatriated 9,351 refugees from Sudan during 
the year. At year's end, UNHCR ended organized repatriation of citizens 
living in Sudan. The Eritrean Relief and Refugee Commission (ERREC), a 
government agency, was the principal organization responsible for 
returnees and IDPs. The Office of Refugee Affairs was responsible for 
refugees of non-citizen origin, including management of the Elit and 
Emkulu camps.
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; however, citizens were not allowed to exercise this right. 
The Government came to power in a 1993 popular referendum in which 
voters chose to have an independent country managed by a transitional 
government run by the PFDJ. The PFDJ has not allowed for a 
democratically elected government, and national elections, originally 
scheduled for 1997, were never held. The only authorized political 
party was the PFDJ, and there were no opposition parties active 
domestically (see Section 2.b.).
    During the year, elections for community judges were held 
throughout the country, and elections took place for regional assembly 
positions in Asmara and other large cities. Only persons who had 
finished national service were able to stand in the elections and vote. 
No campaigning was allowed beyond posting photographs of candidates and 
providing information such as name, age, and work experience. There 
were no reports of obstruction or intimidation of voters or candidates.
    There were reports of petty corruption within the executive branch, 
largely based on family connections. There were unconfirmed reports 
involving illicit trade and the appropriation of houses by military 
leaders. The legislature was not active during the year. There was 
provision for citizens to obtain information from the Government.
    Three women served on the PFDJ's 19-member Executive Council, and 
11 women served on the 75-member Central Council. Women participated in 
the Constitutional Commission, occupying almost half of the positions 
on the 50-person committee. They also served in several senior 
government positions, including the Ministers of Justice, Tourism, and 
Labor and Welfare. By law, one-third of regional National Assembly 
seats are reserved for women, and women also may compete for the 
unreserved seats; however, the National Assembly does not meet.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    The Government allowed one domestic human rights NGO--Citizens for 
Peace in Eritrea--to operate, and its work was limited to advocacy on 
behalf of war victims. Government officials were cooperative and 
responsive to CPE's views on these issues. International human rights 
organizations were not permitted to operate within the country. All 
NGOs were required to register with ERREC.
    The ICRC has been allowed to operate. During the year, ICRC 
provided shelter to approximately 68,000 persons who were displaced by 
the conflict with Ethiopia (see Section 2.d.). The ICRC also visited 
prisons and detention centers where Ethiopians were held, and provided 
assistance to approximately 157,000 citizens through projects in water 
supply, health structure rehabilitation, and housing (see Section 
1.c.).
    The Ministry of Foreign Affairs was responsible for handling human 
rights inquiries.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The transitional Civil Code prohibits discrimination against women 
and persons with disabilities, and the Government generally enforced 
these provisions. However, there continued to be problems with violence 
against women and discrimination against minority ethnic groups.

    Women.--Violence against women was pervasive. Spousal abuse is a 
crime; however, spousal abuse, especially wife beating, was widespread. 
Women seldom discussed openly the issue of domestic violence because of 
societal pressures. Such incidents were more commonly addressed, if at 
all, within families or by religious clergy.
    Rape is a crime; however, no specific information was available on 
its prevalence in the country.
    FGM was widespread, with estimates placing the number of women and 
girls who have been subjected to FGM as high as 95 percent. Almost all 
ethnic and religious groups in the country practiced FGM. In the 
lowlands, local groups practiced infibulation, the most severe from of 
FGM. There was no law prohibiting FGM; however, the Government worked 
to combat the practice. The Government and other organizations, 
including the National Union of Eritrean Women and the National Union 
of Eritrean Youth and Students, sponsored education programs that 
discouraged the practice. The U.N. Population Fund, through the 
Ministry of Health, sponsored reproductive health projects that 
provided training and awareness programs focusing on the harmful 
physical and psychological impacts of FGM.
    Prostitution is illegal; however, as a result of war-related 
displacement and difficult economic conditions, prostitution was a 
serious problem. There were confirmed reports that security forces, who 
regularly patrolled the city at night, occasionally followed 
prostitutes and arrested those who had spent the night with a 
foreigner. The Ministry of Labor and Human Welfare continued its 
National Plan of Action for the Prevention, Rehabilitation, and 
Reintegration of Commercial Sex Workers, and the Ministry successfully 
helped some prostitutes to obtain training and be able to re-enter the 
legal economy.
    The Government consistently advocated improving the status of 
women, many of whom played a significant role as fighters in the 
independence struggle. Women have a legal right to equal educational 
opportunities and equal pay for equal work; however, in practice, men 
retained privileged access to education, employment, and control of 
economic resources, with greater disparities in rural areas than in 
cities. Women generally did not enjoy a social status equal to men. 
Laws were enforced unevenly because of a lack of capacity in the legal 
system and because of long-standing cultural attitudes.
    The law requires that women between the ages of 18 and 27 
participate in national service (see Section 6.c.). During the year, 
efforts to detain women draft evaders and deserters generally decreased 
compared to previous years. According to reports, some women drafted 
for national service were subject to sexual harassment and abuse. 
During the year, hundreds of women were demobilized from national 
service due to age, infirmity, motherhood, marriage, or needs of their 
families. Once demobilized, women were not required to serve in a 
government ministry.

    Children.--The Ministry of Labor and Human Welfare is responsible 
for policies concerning children rights and welfare. The Children's 
Affairs Division in the Ministry of Labor and Human Welfare covered 
childcare, counseling, and probation. Although the Government generally 
was committed to children's rights and welfare, its programs were 
limited by resource constraints.
    Education through grade seven is compulsory, and the Government 
provides tuition-free education; however, students were responsible for 
uniforms, supplies, and transportation, which could be prohibitively 
expensive for many families. The Ministry of Labor and Human Welfare 
operated an Integrated Early Childhood Development Project to keep 
children in school by providing some of the most vulnerable with 
necessary books, uniforms, and other supplies. Education above grade 
seven requires a nominal fee and is not compulsory. There was a 
shortage of schools and teachers at all levels, remedied in part by 
holding morning and afternoon shifts at schools. According to Ministry 
of Education estimates, the net enrollment rate of school-age children 
in the 2001-02 school year was approximately 38 percent. Approximately 
75 percent of the population was illiterate. In rural areas, young 
girls usually left school early to work at home.
    In 2003, the Government added an additional grade to secondary 
school and required that all students attend their final year at a 
location adjacent to the Sawa military training facility in the western 
section of the country. Students who do not attend this final year of 
secondary school do not graduate and cannot sit for examinations to be 
eligible for advanced education. The remote location of this boarding 
school, concerns about security, and societal attitudes restricting the 
free movement of girls resulted in few female students enrolling for 
their final year of high school; however, women may earn an alternative 
secondary school certificate by attending night school after completing 
national service.
    In 2003, the Government opened Mai Nafhi Technical Institute on the 
outskirts of Asmara. Students from the Sawa school who scored well on 
the university exams were admitted to Mai Nafhi and then could be 
eligible to attend the University of Asmara. No new students were 
accepted at the University of Asmara in the current or previous year.
    The law criminalizes child prostitution, pornography, and sexual 
exploitation, and there were confirmed reports of some child 
prostitution. The Government had an aggressive program to identify 
these children and reintegrate them into their families and society.
    FGM was performed on up to 95 percent of all young girls (see 
Section 5, Women).

    Trafficking in Persons.--The law prohibits trafficking in persons, 
and there were no reports of trafficking.

    Persons with Disabilities.--There was no discrimination against 
persons with disabilities in employment, education, or in the provision 
of other state services. The war for independence and the conflict with 
Ethiopia left thousands of men and women with physical disabilities 
from injuries they received as guerrillas, soldiers, and civilian 
victims. The Government dedicated a substantial share of its resources 
to support and train these former fighters, who were regarded as 
heroes. There are no laws mandating access for persons with 
disabilities to public thoroughfares or public or private buildings; 
however, many newly constructed buildings provided access for persons 
with disabilities.

    National/Racial/Ethnic Minorities.--There were reports of 
government and societal discrimination against the Kunama, one of nine 
ethnic groups residing primarily in the west. Because a Kunama 
opposition group operated out of Ethiopia and was supported by 
Ethiopian authorities, some Kunama in the country were suspected of 
supporting or having sympathies with the Ethiopian Government.
    In past years, there were unconfirmed reports that the Government 
took land from Kunamas without compensation and gave it to other ethnic 
groups, claiming that the land had not been efficiently exploited; 
however, there were no such reports during the year. There was some 
societal discrimination against Kunamas because they were seen as 
ethnically and culturally different from most citizens.
    Members of the Kunama ethnic group remained in detention without 
charges during the year (see Section 1.b.).
    During the year, there was sporadic abuse of Ethiopians by 
individual citizens, and there were fewer reported cases than in 
previous years.

    Other Societal Abuses and Discrimination.--The country has a less 
than 3 percent rate of HIV/AIDS infection, and there were no reports of 
systematic discrimination or abuse against persons with HIV/AIDS. 
Homosexuals face severe societal discrimination, and there were reports 
that several expatriates were expelled due to their sexual orientation.
Section 6. Worker Rights
    a. The Right of Association.--Proclamation 118 of 2001, which has 
the effect of law, provides workers with the legal right to form unions 
to protect their interests; however, some government policies 
restricted free association or prevented the formation of unions, 
including within the civil service, military, police, and other 
essential services. The Ministry of Labor and Human Welfare must grant 
special approval for groups of 20 or more persons seeking to form a 
union. There were no reports that the Government opposed the formation 
of labor associations during the year.

    b. The Right to Organize and Bargain Collectively.--Collective 
bargaining is allowed, and under Proclamation 118, a tripartite board 
composed of workers, employers, and Ministry of Labor and Human Welfare 
officials, is required to resolve differences. The complainant can 
pursue a case in court if it cannot be resolved by the tripartite 
board.
    The law allows strikes; however, there were no reported strikes 
during the year.
    There are no export processing zones.

    c. Prohibition of Forced or Compulsory Labor.--The law prohibits 
forced or compulsory labor, including by children; however, there were 
unconfirmed reports that it occurred during the year. The Government 
required all men between the ages of 18 and 45 and women between the 
ages of 18 and 27 to participate in the national service program, which 
included military training and civilian work programs. In addition, 
some national service members were assigned to return to their civilian 
jobs, while nominally still in the military, because their skills were 
deemed critical to the functioning of the Government or the economy. 
These individuals continued to receive only their national service 
salary. They were required to forfeit to the Government any money they 
earned above and beyond that salary. Government employees generally 
were unable to leave their jobs or take new employment.

    d. Prohibition of Child Labor and Minimum Age for Employment.--The 
Government has a national plan of action to protect children from 
exploitation in the workplace; however, child labor occurred. The legal 
minimum age for employment is 18 years, although apprentices may be 
hired at age 14. Proclamation 118 bars children, young workers, and 
apprentices under 18 years of age from performing certain dangerous or 
unhealthy labor, including working in transport industries, jobs 
involving toxic chemicals or dangerous machines, and underground work 
such as in mines and sewers. It was common for rural children who did 
not attend school to work on family farms, fetching firewood and water, 
and herding livestock, among other activities. In urban areas, some 
children worked as street vendors of cigarettes, newspapers, or chewing 
gum.
    Labor inspectors from the Ministry of Labor and Human Welfare are 
responsible for enforcing child labor laws; however, due to the small 
number of inspectors, inspections were infrequent.

    e. Acceptable Conditions of Work.--Two systems regulate employment 
conditions--the civil service system and the labor law system. There is 
no legally mandated minimum wage in the private sector. In the civil 
service sector, wages ranged from $24 to $288 (325 to 3,900 nakfa) per 
month. Factory workers in government-owned enterprises earned the 
highest wages. The minimum wage in the civil service sector did not 
provide a decent standard of living for a worker and family.
    The standard workweek was 44.5 hours, but many persons worked fewer 
hours. Under Proclamation 118, workers are entitled to 1 rest day per 
week; most workers were allowed 1 to 1.5 days off per week. The 
Government has instituted occupational health and safety standards, but 
inspection and enforcement varied widely among factories. Workers were 
permitted to remove themselves from dangerous work sites without 
retaliation.
    Legal foreign and citizen workers are treated equally under the 
law. A large number of foreigners worked as teachers.

                               __________

                                ETHIOPIA

    Ethiopia continued its transition from a unitary to a federal 
system of government, under the leadership of Prime Minister Meles 
Zenawi. According to international and local observers, the 2000 
national elections generally were free and fair in most areas; however, 
serious election irregularities occurred in the Southern Region, 
particularly in Hadiya zone. The Ethiopian Peoples' Revolutionary 
Democratic Front (EPRDF) and affiliated parties held 519 of 548 seats 
in the federal parliament (elected in 2000). EPRDF and affiliated 
parties also held all regional councils by large majorities. The Addis 
Ababa regional council remained dissolved at year's end, with new 
elections not expected to take place until May 2005. Although political 
parties predominantly were ethnically based, opposition parties were 
engaged in a gradual process of consolidation. Ethnic conflict 
continued during the year in the Gambella region after the December 
2003 killing of eight government workers by unknown assailants and 
retaliatory killings of Anuak civilians by local mobs, which included 
some army and police members. The judiciary was weak and overburdened 
but continued to show signs of independence; progress was made in 
reducing the backlog of cases. Local administrative, police and 
judicial systems remained weak throughout the country.
    The security forces consist of the military, federal and local 
police, and local militias. The police have primary responsibility for 
internal security, but local militias outside police command also 
operated as local security forces. The army is responsible for external 
security but also has some domestic security responsibilities, 
particularly along borders with neighboring countries. The Federal 
Police Commission and the Federal Prisons Administration are 
subordinate to the Ministry of Federal Affairs, which in turn is 
accountable to the Parliament. The military consists of both air and 
ground forces and reports to the Ministry of National Defense. Military 
forces continued to conduct a number of low-level operations against 
the Oromo Liberation Front (OLF), the Somalia-based Al-Ittihad Al-
Islami terrorist organization, and elements of the Ogaden National 
Liberation Front (ONLF). 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. Members of the security forces committed 
serious human rights abuses.
    The economy was agriculture-based, with more than 85 percent of the 
estimated population of 71 million living in rural areas under basic 
conditions and engaged in small leasehold subsistence farming. 
Agriculture accounted for approximately 45 percent of gross domestic 
product (GDP). GDP grew 6.7 percent during the year. Inflation remained 
steady at 5.5 percent, according to the International Monetary Fund. In 
urban centers, the majority of economic activity was in the informal 
sector. Drought, crop failures, and extensive livestock losses 
adversely affected approximately 7 million persons during the year, and 
caused GDP growth to slow. Trade regulations were liberalized, but 
still favored EPRDF-owned businesses. The Government continued to 
implement an economic reform program designed to stabilize the 
country's financial position, promote private sector participation in 
the economy, and attract foreign investment; however, some impediments 
to investment remained, petty corruption was widespread, and there were 
approximately 200 government-owned enterprises that had not been 
privatized by year's end.
    The Government's human rights record remained poor; although there 
were improvements, serious problems remained. Security forces committed 
a number of unlawful killings, including alleged political killings, 
and beat, tortured, and mistreated detainees. Prison conditions 
remained poor. The Government continued to arrest and detain persons 
arbitrarily, particularly those suspected of sympathizing with or being 
members of the OLF. Thousands of suspects remained in detention without 
charge, and lengthy pretrial detention continued to be a problem. The 
Government infringed on citizens' privacy rights, and the law regarding 
search warrants was often ignored. The Government restricted freedom of 
the press; however, compared with previous years, there were fewer 
reports that journalists were arrested, detained or punished for 
writing articles critical of the Government. Journalists continued to 
practice self-censorship. The Government at times restricted freedom of 
assembly, particularly for members of opposition political parties; 
security forces at times used excessive force to disperse 
demonstrations. The Government limited freedom of association, but the 
nongovernmental organization (NGO) registration process continued to 
improve. On occasion, local authorities infringed on freedom of 
religion. The Government eliminated the requirement for residents to 
obtain exit visas before leaving the country. Numerous internally 
displaced persons (IDPs) from internal ethnic conflicts remained in the 
country. Violence and societal discrimination against women and abuse 
of children remained problems. Female genital mutilation (FGM) was 
widespread but leadership efforts to curb such practices made some 
inroads. The exploitation of children for economic and sexual purposes 
remained a problem. Trafficking in persons remained a serious problem. 
Societal discrimination against persons with disabilities and 
discrimination against religious and ethnic minorities continued. 
Interethnic clashes resulted in deaths. The Government continued low-
level interference in unions. Forced labor, including forced child 
labor, continued to be a problem, particularly in the informal sector.
                        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 many unlawful killings, including some alleged political 
killings, during the year. There were numerous reports of unlawful 
killings during the year.
    The opposition All Ethiopia Unity Party (AEUP) reported that 
government militia and soldiers killed l1 of their supporters in the 
period from December 2003 to May 2004. For example, on March 29, 
government militiamen Gashaw Melese and Dessalegn Damtew reportedly 
murdered AEUP member Dessalegn Simegn of Ebinet District, South Gondar 
Zone. On April 29, government militia killed AEUP district council 
member Hailu Zelleke in Gishe Rabel District. On May 15, government 
militia murdered AEUP Youth League leader Getiye Alagaw. No actions 
were taken against the perpetrators by year's end.
    The opposition Southern Ethiopia People's Democratic Coalition 
(SEPDC) reported that district police shot and killed one of its 
supporters, Aeliso Tieliso, while he was having lunch in his home in 
Megacho Locality, Giibe District, Southern Region, on December 28, 
2003. The suspected police officer was not detained and there was no 
investigation of the killing.
    A Parliament-appointed commission investigating ethnic violence in 
Gambella Region occurring between December 2003 and May 2004 found 
evidence of military involvement in the extra-judicial killings of 13 
Anuak civilians. On March 20 according to unconfirmed reports, soldiers 
seeking revenge for the death of a soldier were reported to have 
summarily executed eight elderly Anuak men in the village of Chobo (see 
Section 5).
    Unlike in the previous year, there were no reports that persons 
died from torture while in government custody.
    There continued to be reports of unlawful killings by security 
forces, particularly in the Oromiya and the Somali Regions. For 
example, on March 1, district police shot and killed Alemu Tesfaye, a 
ninth-grade student in Tikur Inchine, Oromiya Region, during a student 
protest. Amelework Buli, a female high-school student in Nekemte, 
Oromiya Region, died from a police beating she sustained at her high 
school, although the Government and police claimed she died from 
natural causes.
    Regional government officials from Somali Region reported that 
military personnel fired upon a vehicle carrying civilians on June 15, 
killing ten persons, after the military vehicle in which the soldiers 
were traveling collided with the civilian vehicle around the town of 
Gode.
    There were no developments in the following cases from 2003: The 
death in police custody of Abera Hey; the August killing of two men in 
Addis Ababa by Federal Police forces; and the December killings of five 
persons in a bar in Addis Ababa by a man in military uniform. Federal 
Police reported that the individual was not a solider, but a person 
with mental disabilities, who remained in custody at year's end.
    There were no developments in the reported 2002 cases of killings 
by security forces.
    Armed elements of the OLF and ONLF continued to operate within the 
country and clashed with government forces on several occasions, 
resulting in the death of an unknown number of civilians and government 
forces.
    At year's end, there were approximately 2 million landmines in the 
country, many dating from the 1998 to 2000 war with Eritrea. The 
Government de-mining unit continued to make limited progress in its 
survey and de-mining of border areas. U.N. Peacekeeping Mission in 
Eritrea and Ethiopia officials reported that some new landmines were 
planted on both sides of the Ethiopian-Eritrean border during the year. 
Through July, officials reported a total of 11 deaths and 10 injuries 
caused by unexploded landmines and ordnances during the year.
    On April 29, an unidentified person threw a hand grenade into a 
television room at Addis Ababa University (AAU) during a Tigrigna 
language news program, killing one student and injuring eight others. 
Police arrested suspects in connection with the incident, some of whom 
were AAU students who had been suspended following January protests 
(see Section 1.c.). As of year's end, the suspects were released on 
bail, but the case remained pending.
    On May 3, an unidentified person threw a hand grenade into a shop 
owned by a Tigrayan woman in Debre Zeit, Oromiya Region, killing her 
Tigrayan relative. Police blamed the OLF for the attack.
    There were no developments in the investigation into the July 2003 
bombing of the Segen Hotel in Addis Ababa, which injured 31 persons, or 
in the September 2003 bombing of a passenger train near Adiquala, which 
killed two persons and injured nine.
    Ethnic clashes resulted in hundreds of deaths during the year (see 
Section 5).
    The Federal High Court in Addis Ababa continued to arraign and 
prosecute those formally charged with committing genocide and other war 
crimes, including extrajudicial killings, under the 1975-1991 Derg 
regime (see Section 1.e.).

    b. Disappearance.--There were some reported cases of disappearances 
perpetrated by government forces during the year, some of which may 
have been politically motivated. In nearly all cases, security forces 
abducted persons without warrants and detained them in undisclosed 
locations for varying lengths of time ranging from weeks to months. For 
example, in May, security forces abducted Jigsa Soressa, a guard at 
Mecha and Tulema Association (MTA)--an influential Oromo political, 
social and cultural organization. Soressa was reportedly still being 
detained at Addis Ababa Prison at year's end.
    There was no new information regarding the whereabouts of Ahmad 
Haji Wase, an information officer for the Afar Regional Government, who 
was detained in an undisclosed location in December 2003 for a report 
he wrote about fighting between Afar rebels and government troops.
    The Government reported that Mesfin Itana, Yilma Mosisa, and Gdissa 
Mosisa, who were believed to have disappeared after being detained in 
connection with the September 2002 bombing of the Tigray Hotel in Addis 
Ababa, were in government custody and awaiting trial (see Section 
1.a.). Several young Oromo businessmen remained missing at year's end.
    The whereabouts of Oromo singer Raya Abamecha remained unknown at 
year's end. The Government stated it had no information about his case 
and had not opened an investigation. There was no new information 
regarding this case during the year.
    There was no information regarding the whereabouts of several young 
Oromo businessmen reported missing at the end of 2003.
    There was no new information about any of the 39 persons reported 
in a March 2003 report by the Ethiopian Human Rights Council (EHRCO) to 
have disappeared at the hands of government security forces.
    In 2003, the Government conducted an investigation into the 2002 
abduction from a bus and subsequent murder of 32 Nuer IDPs. Ten 
regional government officials, including four police officers, were 
arrested in connection with the murders. This case remained pending at 
year's end.

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The Constitution prohibits the use of torture and 
mistreatment; however, there were numerous credible reports during the 
year that security officials often beat or mistreated detainees. 
Opposition political parties reported frequent and systematic abuse of 
their supporters by police and government militias.
    Unlike in the previous year, there were no reports of death due to 
torture during the year.
    AEUP supporters reported attacks by government militia against them 
escalated during the year. Local officials often turned a blind eye to 
these attacks or were complicit in them. On May 5, government militia 
assaulted Habtamu Baye of Seha Tefases Farmers Association in Shebel 
Berenta District as he returned from an AEUP meeting. On May 6, 
government militiamen Habte Endale and Bimirew Adal beat AEUP supporter 
Endashaw Alemu in Enemay District in East Gojjam Zone, Amhara Region. 
On May 13, government militiamen beat AEUP party organizer Damtew Ayele 
in Rabel District, North Shoa Zone, Amhara Region, according to AEUP 
reports. No action was taken against those responsible.
    Security forces reportedly beat persons during demonstrations (see 
Section 2.b.). In late January, Federal Police responded to peaceful 
Oromo student protests at Addis Ababa University (AAU) and arrested 
approximately 330 students. International NGOs reported that the 
arrested students were taken to the Kolfe police training academy, 
where they were ordered to run and crawl barefoot over sharp gravel for 
several hours at a time. The arrested students were subsequently 
released and were expelled from AAU for the academic year.
    At several Oromiya high schools and universities, police severely 
beat students, teachers, and parents according to local reports. In 
February and March, violence erupted in schools throughout Oromiya as 
students protested the January arrest and expulsion of 330 Oromo 
students from AAU. The Government blamed the student unrest in Oromiya 
on ``anti-peace elements'' supported by the OLF, but produced no 
evidence of such support.
    On February 25, violence broke out in Ambo Secondary School when 
students demanded to have the school administrator respond to their 
concerns about the suspension of the AAU students. Police entered the 
high school compound to disperse students, beating several of them. On 
March 4, students from Ambo high school and Addis Ketema Primary School 
marched to the center of town and were dispersed by members of the 
Oromiya regional police who fired in the air and later began beating 
the students.
    On March 17, police beat dozens of high school students engaged in 
a peaceful protest in Dembi Dolo, East Wollega Zone, Oromiya Region. 
Local observers reported that police also beat students at three high 
schools in Nekemte and detained dozens of students and teachers for 
weeks without charging them (see Sections 1.d. and 5).
    Security forces beat journalists in several incidents during the 
year (see Section 2.a.).
    Unlike in previous years, there were no reports that security 
forces beat or tortured members of religious groups.
    No action was taken against security forces responsible for the 
January 2003 beating and torture of Nake Abebe; the February 2003 
beating of Ayele Liyew and Habtamu Liyew; the March 2003 beating of a 
teacher in Addis Ababa ; the October 2003 beating of Kassa Zewdu and 
Sinishaw Tegegn; or the October 2003 beating of Retta Bayih, Awoke 
Tegegn, Derejaw Ayehou, and Alellign Ayalew.
    There were reports during the year that army members raped Anuak 
women during raids on villages in Gambella region. The Government did 
not open an investigation into the December 2003 rape of two Anuak 
women at gunpoint by soldiers in the town of Echeway, Gambella Region, 
during the outbreak of violence against Anuaks (see Section 5), an 
attack that was reported by credible witnesses.
    On April 15, unidentified persons detonated a hand grenade inside 
Ambo Secondary School, injuring 30 students. Police claimed to have 
taken eleven suspects into custody in connection with the blast. All 
suspects were released on bail at year's end, and the case against them 
remained pending.
    During the year, ethnic clashes resulted in numerous injuries and 
some deaths (see Section 5).
    Prison and pretrial detention center conditions were very poor and 
overcrowding remained a serious problem. Prisoners often were allocated 
fewer than 21.5 square feet of sleeping space in a room that could 
contain up to 200 persons. The daily meal budget was approximately 25 
cents per prisoner per day, and many prisoners had family members 
deliver food every day or used their own funds to purchase food from 
local vendors. Prison conditions were unsanitary, and access to medical 
care was not reliable. There was no budget for prison facility 
maintenance. Prisoners typically were permitted daily access to prison 
yards, which often included working farms, mechanical shops, and 
rudimentary libraries. Prison letters must be written in Amharic, which 
made outside contact difficult for non-Amharic speakers; however, this 
restriction generally was not enforced. In police detention centers 
police often physically abused detainees. Diplomatic observers reported 
firsthand accounts of such beatings from AAU student detainees in 
Oromiya. Visitors generally were permitted; however, they were 
sometimes denied access to detainees.
    There were some deaths in prison during the year due to illness and 
disease; however, no statistics on the number of deaths in prison were 
available at year's end. Prison officials were not forthcoming with 
reports of such deaths. At least one prisoner, a Gambella police 
officer, died in prison while being held in connection with ethnic-
related violence (see Section 5).
    In August, the International Committee of the Red Cross (ICRC) 
finished its nationwide training program for prison directors, and 
heads of security, health, and administration on proper treatment of 
prisoners, including respect for human dignity, treatment of women and 
children, and medical treatment of sick detainees. In November the ICRC 
began a second, more advanced training course nationwide.
    Female prisoners were held separately from men; however, juveniles 
sometimes were incarcerated with adults. There was only 1 juvenile 
remand home for children under age 15, with the capacity to hold 150 
children. Juveniles who could not be accommodated at the juvenile 
remand home were incarcerated with adults. Pretrial detainees were 
usually detained separately from convicted prisoners at local police 
stations or in the limited Central Investigation Division detention 
facility in Addis Ababa until they were charged. The law requires that 
prisoners be transferred to federal prisons upon conviction; however, 
this requirement sometimes was not enforced in practice.
    The Government permitted independent monitoring of prisons and 
police stations by the ICRC. Diplomatic missions were also granted 
access upon providing advance notification to prison officials. In 
June, the African Commission on Human and Peoples' Rights paid one of 
its occasional visits to prisons in various parts of the country. The 
ICRC generally had access to federal and regional prisons, civilian 
detention facilities, and police stations throughout the country during 
the year, and conducted hundreds of visits involving thousands of 
detainees. The ICRC was allowed to meet regularly with prisoners 
without third parties being present. The ICRC received government 
permission to visit military detention facilities where suspected OLF 
fighters were detained. The ICRC also continued to visit civilian 
Eritrean nationals and Ethiopians of Eritrean origin detained on 
national security grounds.
    Government authorities continued to permit diplomats to visit 
prominent detainees held by the Special Prosecutor's Office (SPO) for 
alleged involvement in war crimes and terrorist activities.

    d. Arbitrary Arrest or Detention.--The Constitution prohibits 
arbitrary arrest and detention; however, the Government frequently did 
not observe these provisions in practice. The Federal Police Commission 
reports to the Ministry of Federal Affairs, which in turn is 
subordinate to the Federal Parliament. Local government militias 
operated as local security forces largely independent of the police and 
the military. Petty corruption remained a problem with the police 
force, especially among traffic policemen accused of soliciting bribes 
from motorists. Impunity also remained a serious problem. The results 
of any police investigations into such reported abuses were rarely 
disclosed publicly. However, in May, a Federal High Court sentenced 
Addis Ababa police officer Mesfin Tekeba to 4 years' imprisonment for 
soliciting a bribe from a taxi bus driver. The Federal Police 
acknowledged that many members of its police force as well as regional 
police lack professionalism; a reform process supported in part by 
major donor governments was underway during the year.
    Following the outbreaks of violence early in the year, due in part 
to improved command and control and better training, police forces, 
particularly in chronically troubled areas, became more adept at 
avoiding confrontations and better at calibrating their responses to 
avoid escalating spirals of violence. Police forces also improved their 
ability to identify tensions earlier and accelerate their response.
    The Government continued its efforts to train police and army 
recruits in human rights, and sought assistance from the ICRC in 
improving and professionalizing its human rights training and revamping 
its human rights training curriculum to include more material on the 
Constitution and international human rights treaties and conventions. 
In September, the ICRC conducted a 2-day human rights training for 
approximately 800 local leaders in the conflict-prone Oromiya region.
    Under the Criminal Procedure Code, any person detained must be 
informed of the charges within 48 hours and, in most cases, be offered 
release on bail. Bail was not available for some offenses, such as 
murder, treason, and corruption. In most cases, bail was set between 
$115 (1,000 Birr) and $1,150 (10,000 Birr), which was beyond the reach 
of most citizens. Suspects of serious offenses could be detained for 14 
days while police conduct an investigation if a panel of judges ordered 
it, and for additional 14-day periods while the investigation 
continues. In practice and particularly in the outlying regions, 
authorities regularly detained persons without warrants, did not charge 
them within 48 hours, and, if persons were released on bail, never 
recalled them to court. The law also prohibits detention in anything 
less than an official detention center; however, there were dozens of 
crude detention centers at the local level used by local government 
militia. The Government provided public defenders for detainees who 
were unable to afford private legal counsel, but only when their cases 
came before the court. While in detention, such detainees were allowed 
little or no contact with their legal counsel.
    There were many reports from opposition party members that in small 
towns persons were detained in police stations for long periods without 
access to a judge and that sometimes these persons' whereabouts were 
unknown for several months. Opposition parties registered many 
complaints during the year that government militias beat and detained 
their supporters without charge for participating in opposition 
political rallies (see Section 1.c.).
    The AEUP reported that on April 27, government militia detained 
three of its members--Alem Eniyew, Geta Mitiku, and Gebeyu Mitiku--in 
Enessie District, Amhara Region, for refusing to cancel their AEUP 
membership. On April 28, Enemay District officials ordered the arrest 
and imprisonment of five members of AEUP's executive committee. On May 
3, police arrested Mulugeta Wassie in Metchera town, Fentale District, 
North Shoa Zone, Amhara Region, for distributing AEUP information 
leaflets.
    Police also reportedly detained Oromiya National Congress (ONC) 
member Olbana Lelisa on suspicion of his support for the OLF. Police 
kept him in a crowded room at the police station for nearly 2 months 
without filing charges before he was released on July 20. According to 
his reports, police tried to coerce him to denounce the ONC publicly 
and to link the ONC with the OLF in exchange for an end to police 
harassment.
    No further information was available by year's end about the May 
2003 arrest of three Eritrean members of the Eritrean opposition group 
Movement for Democratic Change for their support of the Ethiopia-
Eritrea Boundary Commission ruling.
    On April 20, 200 persons, alleged to be members of the opposition 
AEUP, were arrested in Northern Shoa, Debre-Sina District and released 
after being harassed. Party members Mersha Haile, Wessene Gizaw, Girum 
Tadesse, and Minda Gizaw, residents of Northern Shoa were arrested for 
periods ranging from 7 to 30 days for unknown reasons.
    The Government continued its harassment of teachers during the 
year, particularly in Oromiya and Tigray. The independent Ethiopian 
Teachers Association (ETA) reported that numerous teachers were 
detained and accused of being OLF sympathizers, many of who remained in 
prison at year's end. Some of the teachers have been in detention for 
several years without charges. Such cases were remanded at least 10 to 
15 times, for 2 weeks each time, and the courts allowed police to 
conduct investigations that continued for months. In addition, judges 
were shifted among cases, failed to show up for hearings, or new judges 
were not reassigned in time for hearing dates upon the death or 
incapacity of assigned judges. While lack of capacity within the 
judicial system contributed to this problem, several of the prolonged 
detentions were suspected to be politically motivated. During an 
outbreak of student unrest in schools across Oromiya, police detained 
hundreds of Oromo students and teachers for several weeks in detention 
centers on suspicion of being supporters of the OLF (see Section 1.c.). 
For example, on April 2, police were said to have detained without a 
warrant Alemitu Biru, a teacher at Burayu Elementary School in Holleta, 
Oromiya Region, and held her incommunicado for over 3 weeks.
    Police entered private residences and arrested people without court 
warrants. On April 7, police entered and searched the homes of eleven 
teachers in Debre Zeit, Oromiya Region, without a court order. Police 
later detained those eleven teachers for several weeks without charging 
them. On April 9, in the towns of Guder and Ambo in Oromiya Region 
police entered the homes of 60 people, mostly teachers, on suspicion 
that they were supporters of the OLF. The teachers whose houses were 
searched include Mosisa Futasa, Abebe Chimdi, and Dhinsa Serbessa.
    Police officials did not respect court orders to release suspects 
on bail. For example, on July 22 and 23, the Federal First Instance 
Court ordered police to grant bail for Executive Committee members of 
the MTA. MTA Executive Committee members Dirbi Demissie, Gemechu 
Feyera, Sintayehu Workineh, Dabas Wakjira, and Shiferaw Ansermu had 
been held in detention for over two months. They were released on 
US$1,150 (10,000 Birr) bail on August 9; however, police rearrested 
Gemechu and Sintayehu when they went back to the police station to pick 
up their personal property. Demissie, Feyera, Workneh and Wakjira were 
released on bail at year's end. However, Ansermu was rearrested on his 
way to work at Ethiopian Television.
    Police detained journalists during the year (see Section 2.a.).
    Police detained persons for holding meetings and demonstrations 
during the year (see Section 2.b.).
    Opposition groups alleged that some of the persons detained by the 
SPO were held for political reasons, an allegation that the Government 
denied (see Section 1.e.).
    In response to attacks by armed opposition groups operating out of 
Somalia and Kenya, the military continued to conduct operations around 
border areas. The vast majority of military interventions took place in 
the Gambella, Somali, and Oromiya Regions. Occasional detentions were 
reported during these operations.
    Parliamentary immunity protected members of the House from arrest 
or prosecution except in the act of committing a crime ("flagrante 
delicto").
    Berhanu Nega and Mesfin Woldemariam, two prominent academics and 
human rights activists charged with inciting AAU students to riot in 
2001, were ordered by the Federal High Court to prepare to present 
their defense for a trial in July 2005.
    The following detainees remained in custody at year's end: Alazar 
Dessie, an American citizen working as a consultant to the Commercial 
Bank of Ethiopia, who was arrested and charged with abuse of power (a 
nonbailable offense) and has been awaiting trial for over 3 years; 24 
businessman and government officials, who were arrested in 2001 under 
allegations of corruption but were never charged formally; and the 
official driver of the Eritrean Embassy, who was arrested in 2001 and 
whose whereabouts remained unknown.
    Thousands of criminal suspects reportedly remained in detention--
some for years--without charge. Some of the detainees were teachers and 
students from Oromiya accused of involvement in OLF activities or were 
arrested after student unrest broke out in Oromiya in February and 
March.
    The Government detained several persons without charge at the 
Gondar Prison, some for years, while the police investigated their 
cases. Muche Berihun, who was charged with murder although the person 
whom he allegedly murdered was killed after he was detained, was held 
in solitary confinement for 3+ years. His hearing began in 2002; 
however, the court adjourned and the status of the hearing was unknown 
at year's end. He remained in detention at year's end. Wondante Mesfin 
has been in detention in Nefas Mewcha Prison in South Gondar Zone since 
1994 and has never appeared in court nor been charged formally. 
According to AEUP reports, there was no change in his status during the 
year.

    e. Denial of Fair Public Trial.--The Constitution provides for an 
independent judiciary; however, the judiciary remained weak and 
overburdened. Although the federal and regional courts continued to 
show signs of judicial independence, in practice severe shortages of 
adequately trained personnel in many regions, as well as serious 
financial constraints, combined to deny citizens the full protections 
provided by the Constitution.
    The Government continued to decentralize and restructure the 
judiciary along federal lines with the establishment of courts at the 
district, zonal, and regional levels. The federal High Court and 
federal Supreme Court heard and adjudicated original and appeal cases 
involving federal law, transregional issues, and national security. The 
regional judiciary was increasingly autonomous, with district, zonal, 
high, and supreme courts mirroring the structure of the federal 
judiciary. Two three-judge benches at the High Court level handled 
criminal cases. Prior to 2002, the federal High Court and federal 
Supreme Court heard regional cases, due to the lack of well-established 
regional courts. Due to the strengthening of the regional courts since 
2002, regional cases were more often heard locally.
    Regional offices of the federal Ministry of Justice monitored local 
judicial developments. Some regional courts had jurisdiction over both 
local and federal matters, as the federal courts in those jurisdictions 
had not begun operation; overall, the federal judicial presence in the 
regions was limited. Anecdotal evidence suggested that some local 
officials believed they were not accountable to a higher authority. 
Pending the passage by regional legislatures of laws particular to 
their region, all judges are guided by the federal procedural and 
substantive codes.
    To remedy the severe lack of experienced staff in the judicial 
system, the Government continued to identify and train lower court 
judges and prosecutors, although officials acknowledged that the pay 
scale offered did not attract the required numbers of competent 
professionals.
    According to the Constitution, accused persons have the right to a 
public trial by an ordinary court of law within a ``reasonable time'' 
after having been charged and the right to be represented by legal 
counsel of their choice; however, in practice, lengthy pretrial 
detention was common, closed proceedings occurred, and at times, 
detainees were allowed little or no contact with their legal counsel 
(see Section 1.d.). Although the Constitution provides for a 
presumption of innocence, defendants did not enjoy this protection in 
practice. The public defender's office provides legal counsel to 
indigent defendants, although its scope remained severely limited, 
particularly with respect to SPO trials. Access to prosecutorial 
evidence before a trial was routinely denied to the defense, even 
though there is no law forbidding this and the law explicitly 
stipulates that persons charged with corruption are to be shown the 
body of evidence against them prior to their trials.
    The Constitution provides legal standing to some pre-existing 
religious and customary courts and gives federal and regional 
legislatures the authority to recognize other courts. By law, all 
parties to a dispute must agree before a customary or religious court 
may hear a case. Shari'a (Islamic) courts may hear religious and family 
cases involving Muslims. In addition, other traditional systems of 
justice, like councils of elders, continued to function. Although not 
sanctioned by law, these traditional courts resolved disputes for the 
majority of citizens who lived in rural areas and who generally had 
little access to formal judicial systems.
    On October 28, the Federal First Instance Court's Seventh Criminal 
Branch began operation. The court was established to handle cases of 
sexual abuse against women and children. During hearings, victims were 
physically separated from the accused, and provided testimony to the 
court via a closed circuited television system. By year's end, the 
court had delivered six guilty verdicts in sexual abuse cases, and 
imposed penalties ranging from 4 to 20 years.
    Three federal judges sat on one bench to hear all cases of juvenile 
offenses. There was a large backlog of juvenile cases and accused 
children often remained in detention with adults until their cases were 
heard.
    The outbreak of hostilities with Eritrea in 1998 adversely impacted 
the military justice system. Most foreign assistance to train officers 
and noncommissioned officers was suspended at the same time that the 
rapid expansion of the military greatly increased the need for trained 
military lawyers and judges. This training need remained unmet by 
year's end.
    There was no new information on the activities of the SPO, 
established in 1992 to create an historical record of the abuses 
committed during the Mengistu Government (1975-91, also known as the 
Dergue regime) and to bring to justice those criminally responsible for 
human rights violations. Approximately 1,000 persons remained in 
detention for Dergue-era offenses. Court-appointed attorneys, sometimes 
with inadequate skills and experience, represented many of the 
defendants.
    There were reports the Government detained approximately 100 
political prisoners, and the Government permitted ICRC access on a 
regular basis.

    f. Arbitrary Interference with Privacy, Family, Home, or 
Correspondence.--The law requires judicial search warrants to search 
private property; however, in practice, particularly outside of Addis 
Ababa, police often searched property without obtaining warrants (see 
Section 1.d.). Opposition party representatives claimed that police 
sometimes used fraudulent warrants to enter homes and commit criminal 
acts, including money extortion. There were reports that members of the 
Federal Police robbed persons during the year, including through the 
use of false warrants.
    There continued to be reports that police forcibly entered the 
homes of civilians. There also were reports that security forces took 
persons from their homes in the middle of the night without warrants. 
For example, Oromo students accused of detonating hand grenades at Ambo 
Secondary School in April were reportedly rounded up from their 
residences in the middle of the night.
    Opposition party members reported that their homes were burned down 
and their offices looted (see Section 3).
    The Government arbitrarily monitored private communication such as 
Internet communications and phone conversations. All electronic 
communications facilities were state-owned. The Government also used a 
system of paid informants to report on the activities of particular 
individuals.
    There were reports during the year of the forced displacement of 
families in rural areas. The Government said that its resettlement 
program, which moved families from drought-prone areas to more fertile 
lands, was entirely voluntary, but opposition parties accused local 
authorities in some rural areas of targeting opposition supporters for 
resettlement by manipulating resettlement rosters. NGOs such as Doctors 
Without Borders reported that in several instances, the Government had 
resettled persons to areas with no existing infrastructure or clean 
water supply, resulting in unusually high rates of infant mortality.
    Unlike in previous years, there were no reports that the 
Government, in an attempt to ``clean up'' Addis Ababa, forcibly 
resettled indigent persons to areas outside of the city
    There continued to be credible reports during the year from EHRCO 
and opposition parties that in certain rural areas in the Southern 
Region, Oromiya Region, and Amhara Region, local officials used threats 
of land redistribution and withholding of food aid and fertilizer to 
garner support for the ruling coalition. There were many reports of 
ruling party or government harassment intended to prevent individuals 
from joining opposition parties or from renting property to them. There 
were numerous reports of more serious forms of harassment and violence 
directed against members of opposition parties in many areas of the 
country, including beatings, house burnings, and murder (see Sections 
1.c., 1.d., and 3).
    There also were credible reports that teachers and other government 
workers had their employment terminated if they belonged to opposition 
political parties.
    According to the SEPDC, the regional government continued to 
dismiss its members--particularly teachers--from their jobs. In 
response, the regional government asserted that employees of the 
Government should implement government policy. The region accuses 
employees who were opposition party members of not carrying out 
government policy.
    The family law code imposes a 6-month waiting period on anyone 
seeking to remarry following a divorce or the death of one's spouse 
(see Section 5). The Government maintained that this waiting period was 
necessary to determine whether a woman may still be carrying the child 
of her former spouse.
    Security forces detained family members of persons sought for 
questioning by the Government, such as suspected members of OLF.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The Constitution provides for 
freedom of speech and press; however, the Government restricted these 
rights in practice. The Government continued to prosecute journalists 
and editors for publishing allegedly fabricated information and for 
other violations of the press law. The Government controlled all 
broadcast media. Private and government journalists routinely practiced 
self-censorship. Nonetheless, the private press remained active and 
often published articles that were extremely critical of the 
Government.
    The independent print media were active and expressed a wide 
variety of views, although their access to the executive, legislative, 
and judicial branches of the Government was restricted and they were 
subject to intimidation and harassment by the Government.
    Despite the constant threat of legal action, the private press 
continued to publish articles critical of the Government and to report 
on human rights abuses. While much of the private press continued to 
lack professionalism in its reporting, some print media continued 
developing into more responsible publications. Several publications 
were tied to distinct ethnic groups, particularly the Amharas and 
Oromos, and severely criticized the Government for being ethnocentric.
    The Government continued to control all radio and television 
broadcast media. Although the law allows for private radio stations, a 
regulatory mechanism was not in place, and there were no independent 
radio stations. Broadcasting time on state-run Radio Ethiopia was sold 
to private groups and to individuals who wanted to buy spots for 
programs and commercials. The Government operated the sole television 
station and tightly controlled news broadcasts. In September, the 
Ethiopian Broadcasting Agency invited interested parties to apply for 
licenses for two new private FM stations, although no applications were 
filed by year's end. The Broadcasting Law prohibits political and 
religious organizations from owning broadcast stations. Foreign 
ownership is also prohibited.
    There were no restrictions on access to international news 
broadcasts. Ownership of private satellite receiving dishes and the 
importation of facsimile machines and modems were permitted; however, 
access to this technology was restricted by its high cost and the 
limited capacity of the sole telecommunications entity, the Ethiopian 
Telecommunications Corporation.
    Foreign journalists continued to operate freely and often wrote 
articles critical of government policies. They or their local 
affiliates were often granted greater access to government officials 
than were local independent journalists. Several foreign news 
organizations staffed offices in Addis Ababa with local journalists who 
operated free of government restriction.
    There were reports that police harassed, beat, and detained 
journalists during the year. For example, on March 29, armed police 
beat Atnafu Alemayehu, deputy editor-in-chief of Tobia newspaper and 
magazine, at Kara Kore in Oromiya State after Atnafu made enquiries 
into resident's complaints about the demolition of their houses. Atnafu 
was detained for 1 day and was released after posting bail of $115 
(1,000 Birr) at Alemgena police station. Atnafu appealed to the police 
station about the beating and confiscation of the tape recorder. 
Wondwosen Gebrekiidan, former Editor in Chief of Itop newspaper was 
arrested on December 23 and released on December 31. Shiferaw Ansermu 
was arrested and released three times durign the year, and at year's 
end, was detained at Addis Ababa Prison.
    The Government used statutory provisions on the publication of 
false information, incitement of ethnic hatred, libel, and publication 
of articles offensive to public morality to justify the arrest and 
detention of journalists. Independent journalists accused the 
Government of selectively applying sections of the penal code to levy 
charges against them. Journalists were charged, detained, and fined 
during the year.
    For example, in May, Leul Seboka, editor-in-chief of the Amharic 
weekly newspaper Seife Nebelbal, was charged at the Federal High Court 
for publishing a poem viewed by the prosecutor as ``inciting violence 
among the public to secede from a region that is established by 
constitutional order.''
    Befekadu Moreda, owner and editor-in-chief of the private Amharic 
weekly newspaper Tomar, was indicted in January by the Federal 
Prosecutor General for an alleged violation of the Ethiopian Press 
Freedom Proclamation. The charges stemmed from an article published in 
2001 about a 2000 riot in Addis Ababa.
    Wossenseged Gebre Kidan, editor-in-chief of the private weekly 
Amharic-language Ethop, was prosecuted during the year for allegedly 
publishing a false report in 2002 concerning a terrorist attack on the 
Tigray Hotel in Addis Ababa.
    In June, Tewodros Kassa, the former editor of the private Amharic-
language weekly Ethop, was nearing the end of his 2-year prison term, 
but was newly convicted on 4-year-old criminal defamation charges and 
sentenced to a further 3 months in prison, and was released after 
serving the additional sentence.
    In April, Debassa Wakjira and Shiferaw Ansermu, two journalists of 
the state-owned Oromo Service of Ethiopian Television, were arrested 
for allegedly passing information to the OLF. The two journalists were 
arrested with officials of the MTA (see Section 1.d.). All except 
Shiferaw Ansermu were released.
    At year's end, one journalist was in prison on press charges, 
approximately 54 journalists remained in self-imposed exile, and a 
number of journalists in the country were facing criminal charges.
    There were reports during the year that 10 journalists from the 
government media and the private press fled the country or were 
missing. There were reports that three Ethiopian Television journalists 
(Mohammed Ahmed, Keriyat Ismael, and Lemlem Fanta) had fled the country 
for Kenya. No details were available on why the journalists had fled.
    All official media received government subsidies; however, the 
official media were legally autonomous and responsible for their own 
management and partial revenue generation. The Ministry of Information 
was the Government's official spokesperson and managed contacts between 
the Government, the press, and the public; however, the Government 
routinely refused to respond to queries from the private press and 
often limited its cooperation with the press to the government-run 
Ethiopian News Agency, the EPRDF-controlled Walta news agency, and 
correspondents of international news organizations. The Prime 
Minister's office continued to deny all access to the independent press 
for coverage of official events at the Prime Minister's office, 
limiting such coverage and access to government media representatives. 
Reporters admitted that they routinely practiced self-censorship.
    The Ministry of Information required that newspapers show a bank 
balance of $1,150 (10,000 Birr) at the time of their annual 
registration for a license to publish. This sum effectively precluded 
some smaller publications from registering. Permanent residency also 
was required for publishers to establish a newspaper. The Government 
did not require residency for other business owners, and some 
independent journalists maintained that the residency requirement was 
used as a form of intimidation. The press law requires all publishers 
to provide free copies of their publications to the Ministry of 
Information on the day of publication.
    The majority of private newspapers as well as government newspapers 
were printed at government-owned presses; however, there were no 
reports that the independent media was unable to print articles. Police 
had the authority to shut down any printing press without a court 
order, but did not exercise that power during the year.
    The former Ethiopian Free Press Journalists Association (EFPJA) and 
its leadership remained banned throughout the year. A new association, 
bearing the same name, was established and new executive officers were 
elected in January at a meeting facilitated by the Ministry of Justice. 
In February, the Ministry of Justice gave recognition to the newly 
elected leadership of EFPJA. Representatives of the old EFPJA continued 
to protest the Government's ban on the original association and its 
leaders, and filed charges against the Ministry of Justice claiming 
that the ban was illegal and politically motivated. A court ruled the 
original EFPJA had to be reinstated, but the Government had yet to do 
so at year's end.
    The Ethiopian Women's Media Association, which included both 
government and private journalists, remained active during the year. 
The association organized training and workshops and published a 
journal.
    The Government did not restrict Internet access.
    The Government restricted academic freedom during the year. The 
Government maintained that professors could do research in any field in 
their discipline but that they could not espouse political sentiments. 
Teachers at all levels were not permitted to deviate from official 
lesson plans. AAU students were prohibited from forming associations on 
the basis of their ethnicity. Political activity was discouraged on 
university campuses. There were unconfirmed reports that uniformed 
police officers were visible on campuses and that plainclothes security 
officers tried to blend in with the student body. While student 
governments were permitted, many students refrained from involvement in 
any on-campus activity that could be considered political in nature by 
the Government. According to a 2002 survey conducted by the ETA of 280 
public universities and secondary schools throughout the country, 
nearly 90 percent of the school directors and vice-directors of those 
schools belonged to the ruling party or its affiliates. Students and 
teachers were arrested during the year (see Section 1.d.).

    b. Freedom of Peaceful Assembly and Association.--The Constitution 
provides for freedom of assembly; however, the Government restricted 
this right in practice. Organizers of large public meetings or 
demonstrations must notify the Government 72 hours in advance and 
obtain a permit. There were several reports during the year that 
permits were denied to opposition political parties. Opposition parties 
also reported long, unexplained delays by the regional authorities in 
issuing permits and last minute revocations of permits.
    Opposition political parties reported that their supporters were 
the targets of frequent and systematic violence by ruling party 
supporters during the year, often after leaving meetings (see Sections 
1.c., 1.d., and 3).
    The AEUP, SEPDC, and ONC charged the district and regional 
authorities with deliberately obstructing their attempts to hold public 
meetings. The independent ETA continued to encounter government 
restrictions while attempting to hold meetings or demonstrations.
    After notifying government officials, MTA organized a peaceful 
demonstration on January 4, where approximately 10,000 Oromo residents 
of Addis Ababa and its environs gathered at Meskel Square in the city 
center to urge the federal Government to reverse its decision to 
transfer the capital of Oromiya from Addis Ababa to Adama (formerly 
known as Nazret). Police reportedly beat and arrested demonstrators 
including elders, youth, and women. The Government claimed that the MTA 
did not have the required permit to conduct the rally. All 
demonstrators were released and no action was taken against the police.
    A January protest by Oromo students at AAU resulted in several 
hundred arrests and the subsequent expulsion of 330 students. During 
their 2-day detention, many of these students were forced to kneel on 
gravel for hours (see Section 1.c.).
    In March, the residents of Aby Adi, a town in Tigray region, 
conducted a peaceful demonstration, protesting the lack of electricity, 
usable roads, and running water. Three members of the Tigray People's 
Liberation Front (TPLF) Central Committee reportedly threatened to 
arrest the organizers of the demonstration if they did not apologize. 
According to reports, the Government also sent security agents to 
prevent any further protests. The Government rejected requests to hold 
similar protests in the Tigrayan towns of Maichew and Samre.
    In March, police broke up an authorized protest march by students 
at Alemaya Agricultural University, protesting the move of Oromiya's 
capital to Adama and demanding the release of detained AAU students. 
Police arrested some protesters before the protest left the campus, 
according to press reports. There were numerous reports of protest-
related arrests of students across the Oromo region early in the year 
(see Sections 1.c., 1.d., and 5).
    The Government has still not released the results of its 
investigation into the 2002 demonstration in Awassa, the capital of the 
Southern Region, in which police killed and injured dozens of peaceful 
protesters. No further information was available on the status of the 
individuals arrested in cases related to the Awassa demonstration and 
the killing of the head of the Southern Region's education bureau, some 
of whom were held incommunicado.
    No further action was taken against security forces who forcibly 
dispersed demonstrations in 2003 or 2002. It was unknown at year's end 
if persons detained in previous years for holding illegal meetings 
remained in detention.
    The Constitution provides for freedom of association and the right 
to engage in unrestricted peaceful political activity; however, the 
Government limited this right in practice. A number of policy issues 
regarding NGOs remained unresolved, including the ability of NGOs to 
enter into formal network arrangements that would enable them to pool 
funds. However, there was some improvement in transparency of the NGO 
registration process. The Ministry of Justice administers primary 
registration. The Government continued to deny an operating license to 
the Human Rights League (see Section 4).
    As provided by law, the Government required political parties to 
register with the National Election Board (NEB). Parties that did not 
participate in two consecutive national elections were subject to 
deregistration. There were approximately 69 organized political 
parties; 13 were national parties, and the remainder operated in 
limited areas. There were no reports during the year that any political 
party had its registration revoked.
    During the year, the Government repeatedly arrested persons 
allegedly involved with the MTA, including the president, vice 
president, members of the executive committee and staff, and two gate 
guards. Some arrests appear to have been made without warrants, and 
some detentions continued despite court orders to release suspects (see 
Section 1.d.). The organization complained of illegal searches of its 
premises. In July, the Government suspended the MTA's permit to 
operate, effectively banning the organization, on the basis of its 
alleged involvement in organizing several acts of violence, including a 
grenade attack in AAU that killed a student.

    c. Freedom of Religion.--The Constitution provides for freedom of 
religion, and the Government generally respected this right in 
practice; however, on occasion local authorities infringed on this 
right. The Ethiopian Orthodox Church (EOC) and Islam are the dominant 
religions, accounting for nearly 90 percent of the population.
    The Government required that religious groups be registered. 
Religious institutions register with the Ministry of Justice and must 
renew their registration every year. However, the EOC has yet to 
register and has never suffered ramifications for not registering. 
Similarly, the Ethiopian Islamic Affairs Supreme Council (EIASC), after 
registering in 1995, reportedly has never reregistered after it 
protested this requirement to the Prime Minister. Protests from other 
religious groups over these exceptions have not resulted in equal 
treatment from the Government.
    Under the law, a religious organization that undertakes development 
activities must register its development wing separately as an NGO. 
Religious groups were given free government land for houses of worship, 
schools, hospitals, and cemeteries; however, the title to the land 
remained with the Government, and the land, other than that allocated 
for prayer houses or cemeteries, could be taken back at any time.
    Minority religious groups reported discrimination in the allocation 
of government land for religious sites. A traditional animist Oromo 
religious group was banned after being found to be involved in 
unspecified illegal activities. The group's leaders were suspected of 
having close links to the OLF and MTA. Protestant groups occasionally 
reported that local officials discriminated against them when seeking 
land for churches and cemeteries. Evangelical leaders reported that 
because they were perceived as ``newcomers'' they remained at a 
disadvantage compared with the EOC and the EIASC in the allocation of 
land. The EIASC reported that it had more difficulty obtaining land 
from the government bureaucracy than the EOC while others believed the 
EIASC was favored for mosque locations. Many mosques were built by 
squatters without city government approval and since have been targeted 
for demolition.
    The Government did not issue work visas to foreign religious 
workers unless they were attached to the development wing of a 
religious organization.
    While some Muslim leaders complained in the past that public school 
authorities sometimes interfered with their free practice of Islam 
because they prohibited the wearing of headscarves in schools, the 
leaders reported that the Ministry of Education has accepted the 
practice of headscarves in schools not only in Addis Ababa but also in 
regional areas.
    Some religious property confiscated under the Mengistu regime has 
not yet been returned.
    Unlike in previous years, there were no violent interfaith clashes 
during the year.
    For a more detailed discussion, see the 2004 International 
Religious Freedom Report.

    d. Freedom of Movement Within the Country, Travel, Emigration, and 
Repatriation.--The Constitution provides for these rights; however, the 
Government restricted some of these rights in practice.
    In the Gambella region throughout the year, the Government 
monitored and sometimes controlled the passage of relief supplies and 
access by humanitarian organizations, explaining that it was doing so 
as a matter of safety and security for those planning to travel in the 
region. For a period following the December 13, 2003 incident, travel 
was restricted.
    The law requiring citizens and residents to obtain an exit visa 
before departing the country was eliminated in July. Eritreans and 
Ethiopians of Eritrean origin had their status regularized by the 
Government.
    Exile is prohibited and there were no reports of forced exile 
during the year. A number of persons remained abroad in self-imposed 
exile, including 54 journalists (see Section 2.a.).
    During 2003, 1,579 cases of Eritrean civilians waiting to return to 
Eritrea in the country were pending with the ICRC. There were several 
ICRC overseen returnee occasions during the year. Most Eritreans and 
Ethiopians of Eritrean origin were registered with the Government and 
held identity cards and 6-month residence permits that allowed them to 
gain access to hospitals and other public services. However, there were 
unsubstantiated anecdotal reports that indigent Eritreans were denied 
the right to seek free medical services by government officials at the 
local level.
    In 2002, the Government transferred at least 200 Eritrean military 
deserters who had been held at the Dedesa detention center to a 
northern refugee camp. UNHCR processed 178 cases in 2002 and 94 during 
the year for resettlement to third countries. At year's end, it was 
unknown whether additional cases were still pending. As a result of the 
1998 to 2000 war with Eritrea, thousands of persons were displaced 
internally. Of the approximately 350,000 IDPs resulting from the border 
war, approximately 225,000 IDPs have been resettled.
    Due to violent clashes between different ethnic groups during the 
year, thousands of persons were killed, injured, or internally 
displaced (see Section 5).
    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 such protection. Parliament passed a national 
refugee law during the year, but the law has not yet been published in 
the national gazette and thus has not yet taken effect. In practice, 
the Government generally provided for protection against refoulement, 
the return of persons to a country where they feared persecution, and 
granted refugee status or asylum. The Government generally cooperated 
with the United Nations High Commissioner for Refugees (UNHCR) and 
other humanitarian organizations in assisting refugees and returning 
citizens.
    As of September, the country hosted approximately 121,000 refugees, 
down from 128,610 refugees at the end of 2003. Of these, some 89,000 
Sudanese refugees were located in 5 refugee camps in the west. As the 
result of the ongoing repatriation program in the eastern camps, the 
number of Somali refugees decreased to about 23,000 at 2 camps, Aysha 
and Kebribeyah. The Hartishek camp closed in July. The Government, in 
cooperation with the UNHCR, continued to provide temporary protection 
to refugees from Sudan and Somalia.
    Approximately 24,500 Nuer and Dinka refugees remained in Fugnido 
camp in Gambella Region at year's end. Plans to move all Nuer and Dinka 
refugees from Fugnido camp were delayed indefinitely after unknown 
assailants, allegedly local ethnic Anuaks, attacked a vehicle carrying 
local government refugee officials, and killed eight persons in 
December 2003; the officials were enroute to the proposed new camp site 
in the Odier-Bol area (see Section 5).
    In May, Eritrean refugees were moved from the Wa'ala Nhibi 
temporary camp to a new permanent refugee camp further from the border. 
The new camp, Shimelba, holds approximately 8,200 Eritrean refugees, 
approximately 4,200 of whom were ethnic Eritrean Kunamas. The Shimelba 
camp had only marginal health, education, water, and sanitation 
facilities.
    The conflict between ethnic groups in the Gambella Region 
complicated UNHCR refugee protection efforts (see section 5). Food 
deliveries to refugees continued in spite of the crisis in the west; 
however, humanitarian organizations were unable to adequately monitor 
food deliveries due to travel restrictions.
    Early in the year, there were unconfirmed reports of conflicts 
between refugees and local residents over scarce resources.
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 their right to vote in 
the 2000 national elections that were generally free and fair in most 
areas but were also marred by serious irregularities. The Constitution 
grants universal adult (18 years of age) suffrage, establishes periodic 
elections by secret ballot, and allows citizens to take part in the 
conduct of public affairs, directly and through freely chosen 
representatives; however, in practice the EPRDF ruling party dominated 
the Government.
    According to observers organized by EHRCO, local U.N. staff, 
diplomatic missions, political parties, and domestic NGOs, the 2000 
national elections and the 2001 regional elections were generally free 
and fair in most areas but were marred by serious irregularities, 
including killings, disappearances, voter intimidation and harassment, 
and unlawful detentions of opposition party supporters, particularly in 
the Southern Region.
    Opposition parties accused the NEB of being an instrument of the 
ruling party and of failing to take meaningful action upon being 
informed of electoral irregularities, including ballot stuffing, vote 
count fraud, bribery, killings, beatings, and widespread intimidation 
and harassment by ruling party supporters during the 2000 and 2001 
elections.
    The constitutionally mandated national census, which determines 
popular representation in the Federal Parliament, was scheduled to be 
held during the year but was postponed indefinitely due to lack of 
funds. There were great disparities in regional representation in the 
Federal Parliament, based on 1994 census figures and 1995 voter 
registration. In 2003, the State Minister of Federal Affairs publicly 
acknowledged that the country's nomadic communities, estimated at 7 
million persons, were still being excluded from effective democratic 
representation.
    Of 548 seats in the House of Peoples' Representatives (HPR), the 
ruling EPRDF coalition or its affiliate parties held 496 seats. The 
EPRDF itself continued to be dominated by the Tigrayan ethnic group. 
The EPRDF-affiliated TPLF occupied 40 seats, but its influence in 
politics was far greater than its numbers would suggest. The EPRDF, its 
affiliates, and EPRDF supporters controlled all seats in the 108-member 
House of Federation, whose members were appointed by regional 
governments and by the federal Government. In the Southern Region, 
opposition party members held approximately 7 percent of the seats in 
the Regional Council.
    Elections for the Somali Region that were originally scheduled for 
2001 were finally held on January 25. EHRCO reported the regional 
election was marred by significant irregularities; however, the NEB 
reviewed the allegations and disputed them.
    Membership in the EPRDF conferred advantages upon its members, and 
the party owned many businesses and awarded jobs to loyal supporters. 
In addition to the Government, only the TPLF was allowed to operate 
radio stations (see Section 2.a.).
    The major opposition parties continued a slow process of 
consolidation. The Ethiopian Medhin Democratic Party, 1 of the 15 
political organizations that constituted the Union of Ethiopian 
Democratic Forces (UEDF), opened its first office in the country in 
June.
    In August, the Government announced that it was willing to talk to 
the UEDF about concerns that the EPRDF had previously rejected 
outright, such as a restructuring of the NEB to remedy a perception of 
bias in its composition, the equitable distribution of media airtime 
access among competing parties, the presence of international observers 
at the May 2005 national elections, and revision of electoral laws the 
UEDF believes unfairly advantage the EPRDF. After meeting with the UEDF 
in October, the EPRDF accepted many of the UEDF's requests such as 
access to media airtime and international observers.
    Registered political parties must receive permission from regional 
governments to open local offices. Opposition parties, such as the AEUP 
and the Konso Peoples Democratic Union (KPDU), reported that the 
pattern of widespread intimidation and violence directed against 
members of opposition political parties by local government officials 
continued throughout the year. Hundreds of cases were reported by the 
AEUP, KPDU, and other parties or by the press. Such cases ranged from 
public insults of opposition party members by local officials at civic 
events to bombings, house burnings, property confiscation, and murder. 
In many of the cases reported, opposition members were allegedly told 
they must resign from or denounce their party membership if they wanted 
access to fertilizer, other agricultural benefits, health care, or 
other benefits controlled by the Government. Party meetings were often 
disrupted or unlawfully banned.
    The KPDU reported that in late 2003 and early in the year, the 
EPRDF closed KPDU offices in Fasha, Toka, Kamale, Fichucha, and Tara, 
and dissolved the KPDU-dominated Abaroba and Jarsso Local Councils. 
These were replaced with councils dominated by EPRDF members. Arrests 
and beatings of KPDU members also were reported.
    According to AEUP reports, on February 29, stones were thrown at 
the house of AEUP member Bekele Tadesse, a resident of Ankober. On 
March 7, a bomb was thrown at the house of Zemedkun Gebre Kidane, 
chairman of the AEUP organizing committee in Ankober District.
    Political participation remained closed to organizations that have 
not renounced violence and do not accept the Government as a legitimate 
authority.
    The Addis Ababa Municipal Council was dissolved by the Government 
in October 2002, and members were replaced by interim members belonging 
entirely to the ruling party. Under the Addis Ababa Charter, elections 
to fill those seats should have been called within one year of the 
council's dissolution. These elections did not take place by year's 
end.
    The Ministry of Justice has primary responsibility to combat 
corruption. According to the U.N., there was relatively little 
bureaucratic corruption, although bureaucratic delays and difficulties 
existed. A combination of social pressure, cultural norms, and legal 
restrictions were used to combat corruption. Nevertheless, the lack of 
transparency in the frequent cancellation of telecommunications, power, 
and other infrastructure tenders raised suspicions of corruption. In 
addition, it was believed that government officials manipulated the 
privatization process as state- and party-owned businesses receive 
preferential access to land leases and credit.
    Since its establishment in 2001, the Ethics and Anti-Corruption 
Commission has arrested officials, including managers of the 
Privatization Agency and the state owned Commercial Bank of Ethiopia, 
and private businessmen and charged them with corruption; however, 
there have been no major arrests in the last 2 years. It is a criminal 
offense to give or receive bribes.
    The Government publishes its laws and regulations in the national 
gazette prior to their taking effect.
    Of the 19 members of the Council of Ministers, 1 was a woman; 2 
other women held ministerial positions, and a number of women held 
senior positions. There were 42 women in the 548-seat HPR, and 9 of 113 
members in the House of Federation were women. Of the 14 members of the 
Supreme Court, 3 were women.
    The government policy of ethnic federalism led to the creation of 
individual constituencies to ensure representation in the HPR of all 
major ethnic groups. Nevertheless, small ethnic groups were not 
represented in the legislature. There were 23 nationality groups in 6 
regional states that did not have a sufficient population to qualify 
for constituency seats; however, individuals from these nationality 
groups competed for 23 special seats in the 548-seat HPR in the 2000 
elections.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    A number of domestic and international human rights groups operated 
with limited government restriction, investigating and publishing their 
findings on human rights cases. The Government generally was 
distrustful and wary of domestic human rights groups; however, its 
relationship with international NGOs appeared to improve during the 
year. Two of the most prominent domestic human rights organizations 
were EHRCO and the Ethiopian Women Lawyers Association (EWLA). The 
Government routinely discounted EHRCO's reports and labeled it a 
political organization. The EWLA's primary function was to represent 
women legally. These and numerous other groups primarily engaged in 
civic and human rights education, legal assistance, and trial 
monitoring. However, the Government neither shared information about 
nor acknowledged the existence of human rights abuses with members of 
the domestic NGO community.
    The Government continued to investigate the Human Rights League at 
year's end for its alleged ties to the OLF. The League's offices 
remained closed, and the Government still had not responded to its 
registration request, despite a court order to do so.
    The Government's relations with international human rights NGOs 
appeared to improve during the year. Several international human rights 
groups visited the country during the year, and had unrestricted access 
to areas needing emergency humanitarian assistance. A senior level 
Amnesty International delegation visited the country for the first time 
in 10 years, and the African Union's Special Rapporteur on Prisons 
visited prisons in various parts of the country (see Section 1.c.). The 
Government cooperated with international governmental organizations on 
human rights issues. Officials of the Federal Security Authority 
generally were more responsive to requests for information from the 
diplomatic community.
    The Government is required under the Constitution to establish a 
Human Rights Commission, and an Office of the Ombudsman with the 
authority to receive and investigate complaints with respect to 
misadministration by executive branch offices. In August, the 
Government named Kassa Gebre Haiwot as Human Rights Commissioner and 
Abay Tekele as Ombudsman. Neither entity was fully operational by 
year's end.
    During the year, the Ministry of Justice began a 3-year program of 
human rights training workshops for judges, prosecutors, and police as 
well as community members around the country.
    A Parliamentary committee investigated potential government human 
rights abuses in conjunction with ethnic violence in the Gambella 
region late 2003 and during the year (see Section 5).
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The Constitution prohibits discrimination based on race, color, 
sex, language, national origin, political or other opinion, or social 
status; however, in practice the Government did not effectively enforce 
these protections.

    Women.--Domestic violence, including wife beating and marital rape, 
was a pervasive social problem. There is no specific law regarding 
domestic violence or sexual harassment. While women had recourse to the 
police and the courts, societal norms and limited infrastructure 
prevented many women from seeking legal redress, particularly in rural 
areas. Social practices obstructed investigations and prosecutions in 
rape cases, and many women were not aware of their rights under the 
law. It was estimated that there were more than 1,000 rapes a year in 
Addis Ababa. The press continued to regularly report on rape cases, 
particularly where injury to minors resulted. Rape sentences were 
handed down in line with the 10 to 15 years prescribed by law. During 
the year, the EWLA conducted research on the number of rapes committed 
and the number of rape convictions handed down; however, the results 
had not been released by year's end.
    During the year, a court was established to try cases of sexual 
abuse against women and children (see Section 1.e.).
    Although illegal, the abduction of women and girls as a form of 
marriage continued to be practiced widely in the Oromiya and the 
Southern Regions, despite the Government's attempts to combat this 
practice. Forced sexual relationships often accompanied most marriages 
by abduction, and women often were physically abused during the 
abduction. Many of those girls married as early as the age of 7, 
despite the legal marriage age of 18. Abductions led to conflicts among 
families, communities, and ethnic groups. In cases of marriage by 
abduction, the perpetrator was not punished if the victim agreed to 
marry him (unless the marriage was annulled); even after a perpetrator 
was convicted, the sentence was commuted if the victim married him. 
There were some signs of growing public awareness of the problem of 
attacks on women and early marriage; in August a public demonstration 
took place in Dessie to protest the problem.
    The majority of girls underwent some form of FGM. Clitoridectomies 
typically were performed 7 days after birth and consisted of an 
excision of the labia. Infibulation, the most extreme and dangerous 
form of FGM, was performed at any time between the age of 8 and the 
onset of puberty. According to the findings of a government national 
baseline survey released in 2003 on harmful traditional practices, 90 
percent of women undergo one of four forms of FGM--circumcision, 
clitoridectomy, excision, and infibulation. The National Committee on 
Harmful Traditional Practices reported that, according to a national 
baseline survey, harmful practices against women, including FGM, 
abduction, and early marriage have declined from over 90 percent to 73 
percent since 1992.
    The Constitution and the penal code prohibit bodily injury; 
however, these provisions did not specifically outlaw FGM. The 
Government continued to update the penal code during the year. The 
Government also worked to discourage the practice of FGM through 
education in public schools and through broader mass media campaigns.
    The Government took some measures to help eradicate FGM. For 
example, an official from South Omo Zone, Southern Region, said in July 
that an official from Hamer District was removed from office for 
forcing his wife to undergo FGM. The Hamer official subsequently was 
brought to justice by the District women's affairs bureau. The South 
Omo Zone Mobilization and Social Affairs Department Deputy Head 
reported that committees to eradicate harmful traditional practices 
were established in 197 localities through South Omo Zone. In Eastern 
Harerge Zone, police arrested 4 women who had allegedly circumcised 62 
girls in 1 day; local residents allegedly tipped off the police 
following an intensive media campaign on the harmful effects of 
circumcision. Charges against the women were pending at year's end.
    Sex workers routinely reported poverty was the underlying cause for 
resorting to prostitution. Prostitution was generally legal, although 
it was prohibited for persons under the age of 18. Pimping and 
benefiting from prostitution was also illegal. Prostitution was a 
problem.
    There were credible reports from the EWLA and the International 
Organization for Migration (IOM) that many female workers who traveled 
to the Middle East as industrial and domestic workers were abused (see 
Section 5, Trafficking). In August, the Government opened a new 
consulate in Dubai, in part to assist Ethiopian women workers who were 
abused.
    The Constitution states that all persons are equal before the law; 
however, the Government has not yet fully put into place mechanisms for 
the effective enforcement of these protections. The Family Law sets the 
legal marriage age for girls at 18, the same as for boys; elevates 
civil law above customary and religious law; allows for the legal 
sharing of property for unmarried couples who live together for at 
least 5 years; eliminates family arbitrators as a means of settling 
marital disputes in lieu of the court system; allows for the joint 
administration of common marital property; requires the courts to take 
into account the situation of children or the weakest member of the 
family in the event of divorce or separation; and imposes a 6-month 
waiting period on women seeking to remarry following divorce or the 
death of a spouse. However, regional councils had authority to 
determine family law for their respective regions.
    Discrimination against women was most acute in rural areas, where 
85 percent of the population lived. The civil code and the penal code 
contained discriminatory regulations, such as the recognition of the 
husband as the legal head of the family and the sole guardian of 
children over 5 years old. Domestic violence was not considered a 
serious justification to obtain a divorce. There was only limited 
juridical recognition of common law marriage. Irrespective of the 
number of years the marriage existed, the number of children raised, 
and joint property, the woman was entitled to only 3 months' financial 
support if the common law relationship ended. A husband had no 
obligation to provide financial assistance to his family and, as a 
result, women and children sometimes were abandoned when there was a 
problem in the marriage. The law states that any property owned before 
marriage belongs to the spouse that had it. Any property gained during 
marriage is shared equally by the husband and wife. Thus a widow is 
entitled to her 50 percent share of property gained during the 
marriage; however, a wife does not have inheritance right to her 
deceased husband's share.
    All land belonged to the Government. Although women could obtain 
government leases to land, and the Government had an explicit policy to 
provide equal access to land for women, this policy rarely was enforced 
in rural communities. According to the EWLA, in nearly all regions 
women do not have access to land. They cannot inherit land, and the 
only way for them to gain access to land was via marriage. However, 
when the husband dies, other family members often take the land from 
the wife.
    In urban areas, women had fewer employment opportunities than men, 
and the jobs available did not provide equal pay for equal work.
    In July, at the urging of a group of activists on women's issues, 
the head of the NEB publicly endorsed the candidacies of women for 
Parliament.

    Children.--The Government supported efforts by domestic and 
international NGOs that focused on children's social, health, and legal 
issues, despite its limited ability to provide improved health care and 
basic education.
    Education is compulsory through grade six. By law, primary 
education is tuition-free; however, despite the increase in the number 
of schools during the year, there were still not enough schools to 
accommodate the country's youth, particularly in rural areas. In 
addition, the cost of uniforms and schools supplies was prohibitive for 
many families. The Government used a three-shift system in most primary 
and secondary schools in urban areas to maximize the utilization of 
classrooms and to provide an opportunity for working children to attend 
school. In 2003, approximately 43 percent of primary and 70 percent of 
secondary schools operated in two shifts to maximize the utilization of 
classrooms. Only 74.4 percent of male primary school-age children and 
59.1 percent of female primary school-age children attended school. 
Girls attended school in fewer numbers than boys, except in Addis 
Ababa, where girls' attendance was slightly higher at 52.9 percent. 
Government reports showed that 28.7 percent of the children who 
attended school left the system before they reached the second grade. 
Only 22.1 percent of children who began first grade completed eighth 
grade. The literacy rate, according to the 2001 Child Labor Survey, was 
20.6 percent of women, compared with 42.7 percent of men.
    In Addis Ababa's police stations, there were 10 Child Protection 
Units that were staffed by members of an NGO to protect the rights of 
juvenile delinquents and juvenile victims of crime. Some police 
officers completed training on procedures for handling cases of child 
abuse and juvenile delinquency.
    Societal abuse of young girls continued to be a problem. FGM was 
performed on the majority of girls (see Section 5, Women). Other 
harmful traditional practices included uvulectomy, milk-teeth 
extraction, early marriage, marriage by abduction, and food and work 
prohibitions (see Section 5, Trafficking).
    In the Afar region of the east, young girls continued to be married 
to much older men, but this traditional practice continued to come 
under greater scrutiny and criticism. Indigenous NGOs, such as the 
Kembatta Women's Self-Help Center and the Tigray Women's Association, 
also affected societal attitudes toward harmful traditional practices 
and early marriage. Media accounts suggested increasing awareness of 
the problem. An account in February from a rural district noted that 74 
children in the district had been rescued from marriages at ages as 
young as 9, through the intervention of the schools and local 
officials. Pregnancy at an early age often led to obstetric fistulae 
and permanent incontinence. Treatment was available at only 1 hospital 
in Addis Ababa that performed more than 1,000 fistula operations a 
year. It estimated that for every successful operation performed, 10 
other young women needed the treatment. The maternal mortality rate was 
extremely high, partly due to food taboos for pregnant women, poverty, 
early marriage, and birth complications related to FGM, particularly 
infibulation.
    There were some unconfirmed reports that children from the south 
were transported into Kenya by child traffickers operating adoption 
rings, and adopted as other nationalities.
    Child prostitution continued to be a problem and was widely 
perceived to be growing. There were a few reports that children were 
trafficked out of the country in adoption schemes (see Section 5, 
Trafficking).
    Child labor remained a serious problem (see Section 6.d.).
    Official government estimates put the number of street children in 
the country at 150,000 to 200,000, with approximately 50,000 to 60,000 
street children in Addis Ababa. UNICEF estimated that there were 
probably close to 600,000 street children in the country and over 
100,000 in Addis Ababa. UNICEF believed the problem was growing worse 
because of the families' inability to support children due to parental 
illness and decreased household income. These children begged, 
sometimes as part of a gang, or worked in the informal sector (see 
Section 6.d.). Government and privately run orphanages were unable to 
handle the number of street children, and older children often abused 
younger children. Due to severe resource constraints, abandoned infants 
often were overlooked or neglected at hospitals and orphanages. 
Children sometimes were maimed or blinded by their ``handlers'' to 
raise their earnings from begging.

    Trafficking in Persons.--The law prohibits trafficking in persons; 
however, there were numerous reports that persons were trafficked to, 
from, and within the country. Child prostitution was a problem, 
particularly in urban areas. The penal code applies only to women and 
children trafficked for the purposes of prostitution; such trafficking 
was punishable by up to 5 years imprisonment and a fine of $1,150 
(10,000 Birr). Laws provide for fines and prison sentences of up to 20 
years. Despite the arrests of suspected traffickers during the year, 
there were no successful prosecutions of traffickers in persons by 
year's end.
    Training programs for police officers on the criminal aspects of 
trafficking were ongoing during the year. These institutions have 
limited resources and jurisdiction to protect or intervene in cases of 
prosecution of offending employers.
    The country was a source country for women, children, and to a 
lesser extent men, trafficked for the purposes of sexual exploitation 
and forced domestic and commercial labor, primarily to the Gulf States 
and Lebanon. NGOs estimated that between 20,000 and 25,000 persons 
annually were trafficked internationally. Internal trafficking was also 
a serious problem. Children and adults were trafficked internally from 
rural areas to urban areas, principally for involuntary domestic 
servitude, and also for prostitution and forced labor, such as street 
vending. There were reports that Ethiopian women may have been 
trafficked onward from Lebanon to Europe.
    NGOs reported that impoverished girls as young as age 11 were 
recruited to work in houses of prostitution where they were kept 
uninformed of the risks of HIV/AIDS infection and other sexually 
transmitted diseases. A 2003 Family Health International Report 
indicated that customers targeted younger girls because they were 
believed to be free of sexually transmitted diseases.
    According to an NGO report, 60 percent of commercial sex workers 
were between the ages of 16 and 25. Underage girls worked as hotel 
workers, barmaids, and prostitutes in resort towns and rural truck 
stops. Pervasive poverty, migration to urban centers, early marriage, 
HIV/AIDS and sexually transmitted diseases, and limited educational and 
job opportunities aggravated the commercial sexual exploitation of 
children. A few NGOs aided child victims, including the Forum on Street 
Children-Ethiopia, which provided children forced into prostitution or 
commercial sexual exploitation with shelter, protection, and return to 
their families.
    IOM reported that trafficking was ``increasing at an alarming 
rate.'' A 2003 study by a foreign government on the problem of internal 
trafficking of women and children confirmed that the problem was 
pervasive. The overwhelming majority of respondents confirmed that they 
were trafficked from rural areas to Addis Ababa and other urban 
centers, lured by false promises of employment. Of the 459 respondents, 
46 percent were illiterate and 49 percent had completed no more than a 
grade 8 education. Upon arrival at their new destinations, 54 percent 
worked as domestic servants, but that number dropped to 9 percent as 
the trafficked women and children took jobs in bars, became sex 
workers, or begged on the street.
    Although illegal, the abduction of women and girls as a form of 
marriage still was practiced widely in Oromiya regions and the Southern 
Region (see Section 5).
    Private entities arranged for overseas work and, as a result, the 
number of women sent to Middle Eastern countries, particularly Lebanon, 
Saudi Arabia, Bahrain, and the United Arab Emirates, as domestic or 
industrial workers remained a significant problem during the year. 
These women typically were trafficked through Djibouti, Yemen, and 
Syria. The Chief of the Investigation and Detention Center in Lebanon 
reported that 30,000 Ethiopian women worked in Beirut, the vast 
majority of whom were trafficked. During the year, the Government also 
began registering persons seeking employment overseas. Approximately 50 
percent of these women were not able to return legally to their home 
country.
    There was almost no government assistance, in the form of 
counseling or other support services, to trafficked victims who 
returned to the country. The government provided limited consular 
assistance in a few cases. EWLA provided limited legal assistance to 
such victims. The Federal Police's Women's Affairs Bureau, in 
collaboration with the media, continued to implement a public awareness 
program on the dangers of migrating to Middle Eastern countries.
    The National Steering Committee Against Sexual Exploitation of 
Children was chaired by the Children, Youth, and Family Affairs 
Department of the Ministry of Labor and Social Affairs. There were some 
government initiatives during the year to combat trafficking, including 
government consultation with IOM to try to resolve the problem. During 
the year, the Ministry of Labor and Social Affairs reviewed the 
contracts of prospective domestic workers planning to work overseas and 
declined approval if the contracts did not appear satisfactory. 
Immigration officials at the airport also inspected the employment 
contracts of prospective workers traveling to the Middle East. The 
Ministry of Labor and Social Affairs had limited success in regulating 
employment agencies that sent migrant workers to Middle Eastern 
countries. Some illegal employment agencies escaped government scrutiny 
and continued to operate. The consulate in Beirut continued to assist 
women who were trafficked to Lebanon, and a new consulate was opened in 
Dubai to assist women in the United Arab Emirates.

    Persons with Disabilities.--The law mandates equal rights for 
persons with disabilities; however, the Government had no established 
mechanisms to enforce these rights. Persons with minor disabilities 
sometimes complained of job discrimination. The Government did not 
mandate access to buildings or require government services for persons 
with disabilities. Although the Constitution provides for 
rehabilitation and assistance to persons with physical and mental 
disabilities, the Government devoted few resources to these purposes.
    There were approximately 6 million persons with disabilities in the 
country, according to local NGOs. The conflict with Eritrea resulted in 
numerous soldiers losing limbs, many from landmine explosions. 
Wheelchairs were not widely available throughout the country. Although 
there were approximately 800,000 persons with mental disabilities, 
there was only 1 mental hospital and only approximately 10 
psychiatrists in the country. There were approximately 70 NGOs that 
worked with persons with disabilities. For example, the Amhara 
Development Association provided vocational training to war veterans 
with disabilities in Bahir Dar. The Tigray Development Association 
operated a center in Mekelle that provided prostheses and seed money 
for business development, training, and counseling for persons with 
disabilities. The international NGO Landmine Survivors Network provided 
a number of services to victims of landmine explosions, including 
counseling and referrals to rehabilitation services.

    National/Racial/Ethnic Minorities.--There were more than 80 ethnic 
groups living in the country. The Oromo were the largest single group, 
accounting for 40 percent of the population. Although many groups 
influenced the political and cultural life of the country, Amharas and 
Tigrayans from the northern highlands played a dominant role. The 
federal system has boundaries drawn roughly along major ethnic lines, 
and regional states had much greater control over their affairs. Most 
political parties remained primarily ethnically based.
    The military remained an ethnically diverse organization; however, 
diversity was less common in the higher ranks among officer personnel, 
which was dominated by members of the Tigrayan ethnic group. There were 
unconfirmed reports that soldiers targeted Oromos for abuse during the 
year.
    There were occasional reports that teachers and other government 
workers had their employment terminated if they were not of the 
dominant ethnic group in the region.
    There were continued incidents of ethnic conflict during the year, 
particularly in the western, southern, and eastern parts of the 
country. The Oromo group and the Government engaged in many clashes. 
There were also clashes among ethnic groups in Gambella, Southern 
Nations, and Somali regions.
    Kidad Gacha, arrested for killing a woman and a child during inter-
clan clashes in Bench-Maji Zone in June 2003, continued to await trial 
at year's end.
    There were multiple clashes early in the year between police forces 
and Oromo students at a number of schools and universities, including 
institutions in Addis Ababa, Ambo, Alemaya, Nazereth, Awassa, Dilla, 
Debre Zeit, Jimma, and Bahir Dar (see Sections 1.c. and 1.d.). Protests 
were directed in part at the Government's decision to move the capital 
of the Oromo Region from Addis Ababa to Nazaret (Adama). Following 
protests by Oromo students at several schools and the expulsion from 
AAU of 330 students (see Section 2.b.), there were several incidents 
that resulted in deaths and injuries. In Ambo, hand grenades exploded 
in a school, killing several students and injuring others. At Alemaya 
Agricultural College and Adama Technical College, riots between Oromo 
and Tigrayan students armed with knives and sticks resulted in some 
severe injuries. A number of reports indicated that some of the Oromo 
students expelled from their universities were arrested on return to 
their home areas. In April, approximately 600 Oromo students fled 
across the border to Kenya. Violence decreased during the latter half 
of the year, although tensions remained high. By year's end, almost all 
of the students were reported to have returned.
    In some instances, security forces were involved in ethnic clashes 
during the year, most prominently in the Gambella disturbances that 
began in December 2003 and continued until May. In December 2003, 
unknown assailants, presumed to be Anuaks, ambushed a vehicle near the 
village of Itang, Gambella Region and killed eight government officials 
of ethnic groups not indigenous to Gambella Region. For 3 days, 
civilian mobs, with police and military present, killed more than 100 
members of the Anuak tribe in retaliation. Parliament appointed a 
commission to investigate the killings and the possible involvement of 
the military in killing civilians. The parliamentary commission found 
that 65 persons had died, and that government soldiers killed 13 of 
them. Other accounts, including from a Parliament member from Gambella 
who witnessed the incident, indicated the number killed by the military 
was considerably higher.
    Sporadic episodes of violence in the Gambella region between armed 
indigenous Anuaks on one side, and government forces and settlers from 
highland areas on the other, continued throughout the first half of the 
year. Some incidents were severe: Fighting between soldiers and Anuaks 
near Fugnido in late January reportedly resulted in 50 deaths, 
including civilians, and clashes near Dimma on January 29 and 30 left 
196 persons dead. Many schools and clinics in the area outside Gambella 
were looted and burned; and farming was all but abandoned.
    On June 9 and 10, 54 persons died in clashes between the Ogaden and 
Mejerti tribes in Warder Zone, Somali Region. The cause of the clashes 
remained unclear at year's end.
    By year's end, there were no further developments in cases of 
ethnic violence from previous years. According to SEPDC, 12 of 127 
members detained in connection with the 2003 violence in Tepi were 
released from jail in October. The rest were charged with inciting a 
riot and their cases remained pending at year's end.
    Unlike in previous years, there were no reports of ethnic conflicts 
between refugees and local residents.
    Unlike in previous years, there were no official reports of 
discrimination against Eritreans.

    Other Societal Abuses and Discrimination.--Homosexuality is illegal 
and punishable by simple imprisonment and in defined aggravated cases 
for not less than 3 months or more than 5 years. Where children under 
13 years of age are involved, imprisonment of 5 to 25 years is 
provided. While homosexuality was not widely accepted by society, there 
were no reports of violence against homosexuals.
    Societal discrimination against persons with HIV/AIDS continued 
during the year.
Section 6. Worker Rights
    a. The Right of Association.--The Constitution provides most 
workers with the right to form and join unions; however, the law 
specifically excludes teachers and civil servants, including judges, 
prosecutors, and security service workers, from organizing unions. 
There was government interference in unions during the year.
    The minimum number of workers required to form a union was 20. All 
unions had to be registered; however, the Government retained the 
authority to cancel union registration. There were no reports that the 
government used this authority during the year. The law stipulates that 
a trade organization may not act in an overtly political manner. 
Approximately 300,000 workers were union members.
    Seasonal and part-time agricultural workers were not organized. 
Compensation, benefits, and working conditions of seasonal workers were 
far below those of unionized permanent plantation employees.
    The independent ETA was a target for government harassment. 
Although the Government recognized ETA, all public school teachers were 
required to subsidize the government-created and controlled teacher's 
union (also called ETA) with mandatory monthly contributions of $0.23 
(2 Birr) that were automatically withheld from their monthly salaries.
    In late 2003, the Federal High Court settled a 10-year-old court 
case, ruling that the Government's ETA had no legal standing or claim 
on the property of the independent ETA, and that the assets of the 
independent ETA's should be returned to it and its offices reopened. 
The new ETA appealed to the Supreme Court early in the year. The 
Supreme Court instructed the federal High Court to reinvestigate the 
case, and that investigation continued at year's end.
    Complete government control of the Confederation of Ethiopian Trade 
Unions (CETU)'s executive committee continued throughout the year.
    The law prohibits anti-union discrimination by employers against 
union members and organizers; however, unions reported that union 
activists frequently were fired. Unlawful dismissal legal suits often 
took years to resolve because of case backlogs in the labor courts. 
According to labor leaders, a number of court cases in which workers 
were terminated for union activities were pending after 4 or 5 years. 
There were grievance procedures for hearings on allegations of 
discrimination brought by individuals or unions. Employers found guilty 
of anti-union discrimination were required to reinstate workers fired 
for union activities.

    b. The Right to Organize and Bargain Collectively.--The 
Constitution protects the right of collective bargaining for most 
workers, and in practice the Government allowed citizens to exercise 
this right freely. Labor experts estimated that more than 90 percent of 
unionized workers were covered by collective bargaining agreements. 
Wages were negotiated at the plant level. Some efforts to enforce labor 
regulations were made within the formal industrial sector. There are no 
export processing zones.
    In November 2003, the Parliament ratified amendments to Labor 
Proclamation 42, the main body of labor laws in the country that 
strengthen workers' positions in the event of termination; allow for 
multiple unions in the same undertaking; and restrict the definition of 
``essential services'' as concerns the right of workers in those 
professions to strike.
    Labor Proclamation 42 explicitly gives workers the right to strike 
to protect their interests; however, it contains detailed provisions 
that make legal strike actions difficult to achieve, such as a minimum 
of 130 days advance notice before striking. There has not been a legal 
strike since 1993. The law requires aggrieved workers first to make 
efforts at conciliation before striking and includes a lengthy dispute 
settlement process. These applied equally to an employer's right to 
lock out workers. Strikes must be supported by a majority of the 
workers affected.
    Workers nonetheless retain the right to strike without resorting to 
either of these options, provided they give at least 10 days notice to 
the other party and to the Ministry, make efforts at reconciliation, 
and provide at least a 30-day warning in cases already before a court 
or Labor Relations Board.
    The law also prohibits workers who provide essential services from 
striking, including air transport and railway service workers, electric 
power suppliers, bus operators, gas station personnel, hospital and 
pharmacy personnel, bank employees, firemen, postal and 
telecommunications personnel, and urban sanitary workers.
    The ILO has noted that the complex regulations of the proclamation 
and the insufficient resources of the judicial system caused labor 
disputes to drag on for months and years.
    The law prohibits retribution against strikers, but labor leaders 
said that most workers were not convinced that the Government would 
enforce this protection. Labor officials said that due to high 
unemployment and long delays in the hearing of labor cases, some 
workers were afraid to participate in strikes or other labor actions.

    c. Prohibition of Forced or Compulsory Labor.--The law prohibits 
forced or compulsory labor, including by children; however, there were 
reports such practices occurred (see Sections 5 and 6.d.) Forced labor 
could be used by court order as a punitive measure.

    d. Prohibition of Child Labor and Minimum Age for Employment.--
There were laws against child labor; however, child labor remained a 
serious problem, both in urban and rural areas. Under the law, the 
minimum age for wage or salary employment is 14 years; this age is 
consistent with the age for completing primary school educational 
requirements. Special provisions cover children between the ages of 14 
and 18, including the prohibition of hazardous or night work. By law, 
children between the ages of 14 and 18 years were not permitted to work 
more than 7 hours per day, work between the hours of 10 p.m. and 6 
a.m., work on public holidays or rest days, or perform overtime work. 
The Government defined hazardous work as work in factories or involving 
machinery with moving parts, or any work that could jeopardize 
children's health.
    The Ministry of Labor and Social Affairs is designated to enforce 
child labor laws. While the Government made some effort to enforce 
these regulations within the formal industrial sector, social welfare 
activists, civic organizers, government officials, and employers agreed 
that child labor was pervasive throughout the country, particularly in 
agrarian areas and in the informal sector. In urban areas, numerous 
children worked in a variety of jobs, including shining shoes, sewing 
clothes, hustling passengers into cabs, working as porters, selling 
lottery tickets and other small items, and herding animals. In rural 
areas, children worked on family and commercial farms and as domestic 
laborers.
    In February 2003, the Ministry of Labor and Social Affairs released 
the findings of a 2001 ILO-funded survey on child labor. The survey 
found that 40 percent of children start work before the age of 6. It 
also found the average number of hours worked by children ages 5 to 17 
during a 1-week reference period was 32.8 hours. Approximately 13 
percent of boys and girls between the ages of 5 and 9 worked from 58 to 
74 hours a week. More than two-thirds of all children surveyed were 
giving either all or part of their earnings to their parents or 
guardians. Reduced household income from poor crop harvests and school 
dropouts were two contributing factors for the increased incidence of 
child labor.
    Child laborers often were abused. A 1999 study concluded that 
physical and emotional abuse were twice as common among child workers 
compared with nonworkers, sexual abuse was five times as common, and 
neglect was eight times as common. Among child workers surveyed, rapes 
occurred exclusively among child domestic laborers.
    The Government's definition of worst forms of child labor included 
prostitution and bonded labor. During the year, there were reports of 
forced or bonded labor of children who had been trafficked from the 
Southern and Oromiya Regions to other regions of the country, to work 
as domestic servants (see Section 5). Young girls reportedly were 
forced into prostitution by family members (see Section 5).

    e. Acceptable Conditions of Work.--The law mandates a minimum wage 
of approximately $14 (120 Birr) per month for all wage earners in both 
the private and public sectors; in addition, each industry and service 
sector established its own minimum wage. For example, public sector 
employees, the largest group of wage earners, earned a minimum wage of 
approximately $20 (175 Birr) per month; employees in the banking and 
insurance sector had a minimum wage of $23 (200 Birr) per month. 
According to the Office of the Study of Wages and Other Remuneration, 
these wages did not provide a decent standard of living for a worker 
and family. Consequently most families needed to have at least two wage 
earners to survive, which forced many children to leave school early. 
In addition, only a small percentage of the population was involved in 
wage labor employment, which was concentrated largely in urban areas.
    Labor Proclamation 42 stipulates a 48-hour legal workweek, 
consisting of 6 days of 8 hours each, with a 24-hour rest period. In 
practice, most employees worked a 40-hour workweek of five 8-hour days.
    The Government, industry, and unions negotiated to set occupational 
health and safety standards; however, the inspection department of the 
Ministry of Labor and Social Affairs enforced these standards 
ineffectively due to a lack of resources. Enforcement also was 
inhibited by a lack of detailed, sector-specific health and safety 
guidelines. Workers had the right to remove themselves from dangerous 
situations without jeopardizing their employment; however, most workers 
feared losing their jobs if they were to do so.
    Labor laws also protect legal foreign workers.

                               __________

                                 GABON

    Gabon is a republic dominated by a strong presidency. The Gabonese 
Democratic Party (PDG) has remained in power since 1968 and has 
circumscribed political choice. PDG leader El Hadj Omar Bongo Ondimba, 
President since 1967, was reelected for a 7 year term in a 1998 
election marred by irregularities. In 2002, legislative by elections 
were held and resulted in 107 National Assembly seats for the PDG and 
allied parties and 13 for the opposition. In February 2003, the PDG won 
a majority of Senate seats. The judiciary remained inefficient and 
subject to government influence.
    The national police, subordinate to the Interior Ministry, and the 
Gendarmerie, subordinate to the Defense Ministry, were responsible for 
domestic law enforcement and public security. Elements of the armed 
forces and the ``Republican Guard,'' an elite, heavily armed unit that 
protects the President, sometimes performed internal security 
functions; both were subordinate to the Defense Ministry. The civilian 
authorities maintained effective control of the security forces. 
Members of the security forces committed human rights abuses.
    The country's mixed economy lacked diversity and depended heavily 
on foreign trade in oil, manganese, and wood; the population was 
approximately 1.2 million. The Government dominated the economy through 
oil refining, telecommunications, and timber export parastatals. 
Government financial mismanagement and corruption contributed to 
significant arrears in domestic and external debt payments. Revenues 
from oil production, which increased slightly in 2003, contributed more 
than half of the budget of the country. The estimated per capita income 
was $4,580; however, the distribution of wealth and social services was 
extremely uneven.
    The Government's human rights record remained poor; although there 
were improvements in a number of areas, problems remained. The 
Government continued to limit the ability of citizens to change their 
government. Security forces sometimes beat and tortured prisoners and 
detainees, prison conditions remained harsh, and security forces 
sometimes violently dispersed demonstrations. Arbitrary arrest and 
detention were problems. Authorities routinely infringed on privacy 
rights. The Government continued to restrict freedom of the press and 
movement. Violence and societal discrimination against women and 
noncitizen Africans continued to be problems. Forced labor, child 
labor, and trafficking particularly in 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, police forcibly dispersed demonstrations, which resulted in 
one death during the year (see Section 2.b.).
    A small number of ritualistic killings reportedly were committed 
during the year. No official connection to the murders was established, 
and the Government publicly criticized such practices.

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

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The Constitution prohibits such practices; however, 
security forces sometimes beat or tortured prisoners and detainees to 
extract confessions. Unconfirmed reports from the African immigrant 
community asserted that police and soldiers occasionally beat 
noncitizen Africans during operations to round up and deport illegal 
immigrants. During the year, the U.N. High Commission for Refugees 
(UNHCR) confirmed that it received reports from its regional offices 
that security forces continued to harass and extort from refugees.
    In November, there were unconfirmed press reports that police at 
the Ministry of Foreign Affairs allegedly raped a girl after detaining 
her for an identity card check. The girl reportedly was afraid to file 
a complaint, and no action was taken against the perpetrators.
    Police violently dispersed demonstrations, which resulted in 
injuries (see Section 2.b.).
    There continued to be reports that practitioners of certain 
traditional indigenous religions inflicted bodily harm on other 
persons.
    Conditions in most prisons were harsh. Food, sanitation, and 
ventilation were poor, and medical care was almost nonexistent. Women 
were held separately from men, juveniles were held separately from 
adults, and pretrial detainees were held separately from convicted 
prisoners. There were no known visits by human rights monitors to 
prisons during the year; however, there were no reports that the 
Government impeded such visits.

    d. Arbitrary Arrest or Detention.--The Constitution prohibits 
arbitrary arrest and detention; however, the Government did not always 
observe these prohibitions.
    The police, who are responsible for law enforcement and public 
security, were inefficient, and police response times were slow. The 
national Gendarmerie is responsible for internal security and setting 
up checkpoints. Corruption was a serious problem, and security forces 
often used bribes at checkpoints to supplement their salaries.
    The law provides up to 48 hours for initial detention, during which 
police must charge a detainee before a judge; however, in practice, 
police rarely respected this timetable. Charges often were not filed 
expeditiously, and persons often were detained arbitrarily for short 
periods and occasionally detained for long periods. At arraignments, 
bail may be set if further investigation is required.
    During the year, police arbitrarily arrested demonstrators (see 
Section 2.b.).
    The Government occasionally arrested opposition leaders (see 
Section 2.b.). For example, in January, security forces detained Gerard 
Ella Nguema, the leader of the National Gathering of Republicans Party, 
and several of his colleagues on charges of counterfeiting, coup 
plotting, and attempting to blow up government buildings; all were 
subsequently released, and Nguema reportedly agreed to support the PDG 
during the 2005 presidential election. No further information was 
available.
    Members of the security forces frequently detained individuals at 
roadblocks under the guise of checking vehicle registration and 
identity papers. Security forces frequently used such operations to 
extort money.
    Pretrial detainees have the right to free access to their 
attorneys; this right was generally respected. Detainees have the right 
to an expeditious trial; however, in practice, overburdened dockets 
resulted in prolonged pretrial detention. Pretrial detention, limited 
to 6 months for a misdemeanor and to 1 year for a felony charge, may be 
extended for 6 months by the examining magistrate. Approximately 40 
percent of persons in custody were pretrial detainees.

    e. Denial of Fair Public Trial.--The Constitution provides for an 
independent judiciary; however, the judiciary remained susceptible to 
government influence. The President appoints and can dismiss judges 
through the Ministry of Justice, to which the judiciary is responsible. 
The judiciary was inefficient.
    The judicial system includes regular courts, a military tribunal, 
and a civilian High Court of Justice. The regular court system includes 
trial courts, appellate courts, and the Supreme Court. The 
Constitutional Court is a separate body charged with examining 
constitutional questions, including the certification of elections. The 
High Court of Justice is constituted by the Government as required to 
consider matters of security.
    Systemic resource and personnel shortages in the judiciary often 
contributed to prolonged pretrial detention (see Section 1.d.).
    The Constitution provides the right to a public trial and the right 
to legal counsel, and the Government generally respected these rights. 
Nevertheless, a judge may deliver an immediate verdict of guilty at the 
initial hearing in a state security trial if the Government presents 
sufficient evidence.
    Minor disputes may be taken to a local chief, particularly in rural 
areas; however, the Government did not recognize such decisions.
    There were no reports of political prisoners.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The Constitution prohibits such actions; however, the 
Government did not respect these prohibitions in practice. As part of 
criminal investigations, police may request search warrants from 
judges, which they obtained easily, sometimes after the fact. The 
Government sometimes used search warrants to gain access to the homes 
of opposition figures and their families (see Section 2.b.).
    During the year, security forces conducted warrantless searches for 
illegal immigrants and criminals using street stops and identity 
checks.
    Authorities reportedly routinely monitored private telephone 
conversations, personal mail, and the movements of citizens.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The Constitution provides for 
freedom of speech and of the press, and although citizens generally 
continued to speak freely and to criticize the Government, the 
Government continued to restrict press freedom. Legislators in the 
National Assembly openly criticized government policies, ministers, and 
other officials. The Government did not restrict academic freedom.
    The only daily newspaper was the government affiliated L'Union. 
Approximately nine privately owned weekly or monthly newspapers 
represented independent views and those of various political parties; 
however, most appeared irregularly due to financial constraints or in 
some cases, government suspension of their publication licenses. All 
newspapers, including L'Union, criticized the Government and political 
leaders of all parties, but not the President. Foreign newspapers and 
magazines were available widely.
    The Government owned and operated two radio stations that broadcast 
throughout the country. Much of their news coverage concerned the 
activities of government officials; however editorials sometimes 
criticized specific government policies or ministers. Seven privately 
owned radio stations were operating at year's end; most were 
apolitical. International radio stations, including Voice of America 
and Radio France International, broadcast locally.
    The Government owned and operated two television stations, RTG 1 
and RTG 2. Four privately owned television stations transmitted 8 hours 
per day. Satellite TV reception was available.
    On March 8, security forces arrested and detained Alfred Ngamba, a 
journalist for Le Nganga, for defamation, ``telephone harassment,'' and 
``attempting to extort money''; Ngamba had published an article 
alleging that an NGO president was having an affair. On March 19, 
Nganga was acquitted of all charges and released.
    Unlike in the previous year, the National Communications Council 
did not suspend the publication of newspapers that criticized the 
Government; however, the 2003 suspensions of satirical weeklies Misamu 
and Sub Version and the bi monthly newspaper Sagaie remained in effect. 
None of the three newspapers had resumed operation by year's end.
    The Communications Code stipulates that penalties for libel and 
other offenses include a 1- to 3-month publishing suspension for a 
first offense and a 3- to 6-month suspension for repeat offenses. 
Editors and authors of libelous articles can be jailed for 2 to 6 
months and fined $700 to $7,000 (500,000 to 5 million CFA francs). 
Libel can be either a criminal offense or a civil matter. The law 
authorizes the Government to initiate criminal libel prosecution 
against persons for libeling elected government officials; it also 
authorizes the State to criminalize civil libel suits.
    The Government did not restrict access to the Internet.
    In January, the Government closed a secondary school in Libreville 
after students rioted to protest the Government's failure to provide 
free bus transportation; the school subsequently reopened.

    b. Freedom of Peaceful Assembly and Association.--The Constitution 
provides for freedom of assembly; however, on occasion, security forces 
violently dispersed demonstrations and strikes. The law requires that 
groups obtain permits for public gatherings in advance, and the 
Government usually granted them.
    In September, gendarmes in Ngounie province shot five protesters, 
including a student, during a demonstration to demand the return of 
electricity to Mandji-Dibangwui village; the student died, and numerous 
demonstrators were injured. After learning of the death, residents of 
the town attacked the Lebamba gendarmerie brigade headquarters and beat 
to death two gendarmes, including the brigade chief. The alleged 
killers of the gendarme officers were detained, charged, and awaiting 
trail at year's end; however, no action was taken against those 
responsible for the student death. There were unconfirmed reports that 
police used torture to extract information from the villagers regarding 
the identity of those responsible for the gendarme deaths.
    On November 15, police shot into the air and used tear gas to 
disperse a demonstration led by Herve Patrick Opiangah, a local 
businessman who founded the Democratic Union for Social Integration 
(JDIS) in 2002; several demonstrators were injured. The demonstrators 
were protesting the Interior Ministry's refusal to register the party 
despite three legitimate applications and a ruling in the party's favor 
by the Constitutional Court. Security forces subsequently searched 
Opiangah's house and allegedly discovered weapons; Opiangah was 
detained on weapons charges and awaiting trial at year's end.
    No action was taken against security forces who forcibly dispersed 
demonstrations in 2003.
    The Constitution provides for the freedom of association; however, 
the Government did not always respect this right in practice.

    c. Freedom of Religion.--The Constitution provides for religious 
freedom, and the Government generally respected this right in practice.
    Some Protestant denominations alleged that the government 
television station accords free broadcast time to the Catholic Church 
but not to minority religious groups. Others alleged that the armed 
forces favor Roman Catholics and Muslims in hiring and promotions.
    The Ministry of the Interior maintained an official registry of 
religious groups; however, it did not register traditional religious 
groups. The Government did not require religious groups to register but 
recommended that they do so to assemble with full constitutional 
protection.
    The Government has refused to register approximately 10 religious 
groups, including Jehovah's Witnesses. A decree banning Jehovah's 
Witnesses remained in effect; however, the Government did not enforce 
the decree.
    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, the Government frequently restricted them in practice. 
There were no legally mandated restrictions on internal movement; 
however, police and gendarmes continued to stop travelers frequently to 
check identity, residence, or registration documents, and members of 
the security forces harassed expatriate Africans working legally as 
merchants, service sector employees, and manual laborers. Some members 
of the security forces extorted bribes and demanded services with 
threats of confiscation of residency documents or imprisonment. 
Residency permits cost up to $150 (100,000 CFA francs), and first time 
applicants also must provide the cost of a one way air ticket to their 
country of origin. In theory, but usually not in practice, the 
Government refunds the cost of the air ticket when the individual 
departs the country permanently.
    The Government intermittently enforced an internal regulation 
requiring married women to obtain their husbands' permission to travel 
abroad. During the year, there were numerous reports that authorities 
refused to issue passports for travel abroad with no explanation. There 
also were reports of unreasonable delays in obtaining passports, 
despite a government promise in 2003 to process passports within 3 
days. During the year, opposition leader Pierre Manboundou, President 
of the Union of the Gabonese People Party, repeatedly was denied a 
passport, allegedly for political reasons.
    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 and 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 
UNHCR and other humanitarian organizations in assisting refugees and 
asylum seekers. However, refugees have complained about widespread 
harassment, extortion, and detentions by security forces. At year's 
end, approximately 13,500 refugees remained in the country, including 
12,000 from the Republic of the Congo.
    Following an alleged coup attempt in Equatorial Guinea in June that 
originated from Gabonese territory, refugees and emigres from 
Equatorial Guinea were reportedly deported at the request of the 
Equatorial Guinean Government without due process or a confirmed link 
to the coup attempt.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The Constitution provides citizens with the right to change their 
government peacefully; however, mismanagement and serious 
irregularities in both the 1998 presidential elections and the 2001 
legislative elections limited this right in practice. A single party, 
the PDG, has remained in power since its creation by President Bongo 
Ondimba in 1968, and political choice has remained limited.
    The country is dominated by a strong Presidency. While the 
legislature is not in session, the President can veto legislation, 
dissolve the national legislature, call new elections, and issue 
decrees that have the force of law. The legislature generally approved 
legislation presented to it by the President. The President appoints 
ministers of government and heads of parastatals.
    President Bongo Ondimba, who has been President since 1967, was re 
elected for another 7 year term in a 1998 election marred by 
irregularities that generally favored his incumbency, including 
incomplete and inaccurate electoral lists, and the use of false 
documents to cast multiple votes. In July 2003, the Constitution was 
amended to remove all term limits.
    In 2002, legislative by elections were held to fill seats nullified 
in the 2001 legislative elections, which resulted in the PDG and allied 
parties holding 107 and the opposition holding 13 seats in the National 
Assembly.
    Senatorial elections were held in February 2003, and the PDG won a 
majority of the 91 seats. There were widespread reports of 
irregularities, and the elections were considered neither free nor 
fair. Municipal and regional government officials elect the senators, 
who serve 6-year terms. All the senators were either members of the PDG 
or of political parties linked to the PDG.
    The ability of citizens to choose provincial governments remained 
limited in practice. Provincial governors, prefects, and sub prefects 
were officers of the central Government responsible to and appointed by 
the President. Mayors and municipal councils were elected; however, 
municipal governments had limited financial autonomy and depended 
heavily on funding from the central Government.
    In 2002, countrywide municipal elections were held. The PDG party 
won 85 percent of all seats; however, the level of voter participation 
was low, below 10 percent in some precincts.
    Opposition parties included the Union for Gabonese People (UPG) and 
the Gabonese Progressive Party (PGP). The PGP was supported in Port 
Gentil, the center of the country's petroleum industry, and among the 
Myene ethnic group; however, ideological splits and rivalries limited 
its effectiveness. During the year, several UPG leaders left the party 
and joined the ruling PDG party.
    Official corruption was widespread. During the year, the Government 
completed appointments to the 10-member anti-corruption commission in 
the Ministry for the Fight Against Corruption, which was established in 
2003; however, the Commission issued no reports and took no action 
against corrupt officials during the year.
    At year's end, 11 of 120 members of the National Assembly, 12 of 91 
senators, and 5 of 43 government ministers were women.
    Members of all major ethnic groups continued to occupy prominent 
positions; however, members of the President's Bateke ethnic group and 
other ethnic southerners held a disproportionately large number of key 
positions in the military and security forces. The General Chief of 
Staff, the Minister of Defense, the Chief of the Republican Guard, and 
the Minister of Interior were from the same region as the President or 
from the same ethnic group.
    Indigenous Pygmies rarely participated in the political process, 
and the Government has made only limited efforts to include them (see 
Section 5).
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    A few independent human rights groups generally operated without 
government restriction, investigating and publishing their findings. 
Governmental officials took no actions on the recommendations of such 
groups.
    During the year, the Vice Prime Minister in charge of human rights 
released a white book that detailed past human rights violations in the 
country, including graphic pictures. President Bongo wrote a supportive 
preface to the book, which sharply criticized the country's human 
rights record.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The Constitution forbids discrimination based on national origin, 
race, gender, or opinion; however, the Government did not enforce these 
constitutional provisions uniformly, and there was considerable 
discrimination against women, especially in domestic affairs. Security 
forces also discriminated against noncitizens. The Government provided 
a lower level of health care and educational services to children of 
other African nationalities than it provided to citizens.

    Women.--Domestic violence against women was believed to be common, 
especially in rural areas; however, there were few reports of such 
violence during the year. Police rarely intervened in such incidents, 
and women virtually never filed complaints with civil authorities. Only 
limited medical and legal assistance for rape victims was available.
    Rape is against the law; however, rape cases were seldom 
prosecuted.
    Female genital mutilation (FGM) was believed to occur among the 
resident population of noncitizen Africans; however, there were no 
reports of such practices during the year.
    The law prohibits prostitution; however, it was a problem.
    The Government and nongovernmental organizations (NGOs) reported 
cases of female domestic workers (often victims of child trafficking) 
who were sexually molested by employers.
    The law provides that women have rights to equal access in 
education, business, and investment; however, women continued to face 
considerable societal and legal discrimination, especially in rural 
areas. Women owned businesses and property, participated in politics, 
and worked throughout the Government and the private sector.
    By law, couples must stipulate at the time of marriage whether they 
intend to adhere to a monogamous or a polygynous relationship; 
polygynous marriages were more common. For monogamous married couples, 
a common property law provides for the equal distribution of assets 
after divorce. In a polygynous marriage, a husband is obligated to give 
all wives the same level of financial support; however, he may marry 
additional wives without permission from his existing wives.
    Wives who leave polygynous husbands received half of their existing 
support as a one time payment. In inheritance cases, the husband's 
family must issue a written authorization before his widow can inherit 
property.
    Common law marriage, which was accepted socially and practiced 
widely, afforded women no property rights.
    A regulation requires that a woman obtain her husband's permission 
to travel abroad; this requirement was not enforced consistently.

    Children.--The Government publicly expressed its commitment to 
youth, provided 4,000 academic scholarships during the year, and has 
used oil revenues to build schools, pay teacher salaries, and promote 
education, even in rural areas; however, the upkeep of schools and 
payment of teachers continued to decline. Education is compulsory until 
age 16 and generally is available through sixth grade; however, fewer 
than half of secondary school age children attended school. Secondary 
school attendance rates for immigrant children were lower, although 
public schools accepted immigrant children, and the Government 
encouraged them to attend. Students were required to pay for books, 
uniforms, and other school supplies, which precluded numerous children 
from attending school. Despite low enrollment, a U.N. agency estimated 
that 64 percent of women and 78 percent of men were literate.
    The country's infant mortality rate was 5.4 percent; at last 
report, only approximately 16 percent of children had been vaccinated. 
Although international donors worked to improve the situation, the 
Government allocated few resources for vaccines or logistical support 
to administer them. Children remained the responsibility of the 
extended family. There was little evidence of physical abuse of 
children, although there were occasional reports that family members 
sexually abused girls who had passed puberty. The law provides for 
protection against child labor and sexual and physical abuse; however, 
there were no known prosecutions of individuals involved in such 
activities during the year.
    During the year, there were no reports of FGM; however, the 
practice was believed to continue in the resident population of 
expatriate Africans.
    Concerns about the problems facing the large community of children 
of noncitizen Africans persisted. Almost all enjoyed far less access to 
education and health care than did citizen children; some were victims 
of child trafficking and abuses (see Sections 5, Trafficking and 6.d.).
    Child labor remained a serious problem (see Section 6.d.).

    Trafficking in Persons.--During the year, the President signed into 
law a 2003 bill to criminalize child trafficking; however, the country 
was a destination for trafficked persons, particularly children. The 
Government did not actively investigate cases of trafficking and has 
not prosecuted any cases against traffickers; however, individuals 
accused of trafficking have been deported from the country. There were 
reports that some trafficked women and children were sexually abused.
    According to several local NGOs, children (especially girls), 
primarily from Benin and Togo, were used as domestic servants or in the 
informal commercial sector. Nigerian children, also victims of 
trafficking, reportedly worked in the informal commercial sector as 
mechanics. Trafficked children generally worked long hours, were 
subjected to physical abuse, received inadequate food, and received no 
wages or schooling.
    There have been unconfirmed reports that some government officials 
employed trafficked foreign children as domestic workers, and that 
individual police and immigration officers were involved in 
facilitating child trafficking.
    UNICEF and the Government sponsored a toll-free assistance hotline 
for child trafficking victims that provided 24 hour response assistance 
and arranged free transport to a victims' shelter. The Government also 
ran a shelter for trafficking victims.
    An inter-ministerial committee comprised of representatives from 
the Labor, Justice, Foreign Affairs, and Family Ministries was involved 
in anti trafficking efforts. The Government also cooperated with 
UNICEF. In 2002, the Government and the International Labor 
Organization (ILO) launched a 3 year project on the prevention of child 
trafficking and child labor in the country.

    Persons With Disabilities.--There are no laws that prohibit 
discrimination against persons with disabilities or provide for access 
to buildings or services; however, there were no reports of official 
discrimination against persons with disabilities. There was some 
societal discrimination against persons with disabilities, and 
employment opportunities and treatment facilities were limited.

    Indigenous People.--The Baka (Pygmies) are the earliest known 
inhabitants of the country. Several thousand Pygmies lived in large 
tracts of still intact rain forest in the northeast. The law grants 
them the same civil rights as other citizens; however, Pygmies remained 
largely independent of formal authority, keeping their own traditions, 
independent communities, and local decision making structures. Pygmies 
did not participate in government instituted programs that integrated 
many small rural villages into larger ones along major roads.
    Pygmies suffered societal discrimination, often lived in extreme 
poverty, and did not have easy access to public services. There were no 
specific government programs or policies to assist Pygmies.
    In 2001, an NGO study of the Bukoya Pygmy population in the 
northeast found that most Pygmies lived in conditions tantamount to 
slavery, working on plantations for ``Gabonese masters'' for one plate 
of rice and a few cents per day. The NGO described the children born to 
Pygmy families in these situations as the ``property'' of the master. A 
typical family lived on 13 cents per day. According to the NGO, Pygmies 
who complained about their situation faced the possibility of being 
beaten.
Section 6. Worker Rights
    a. The Right of Association.--The Constitution places no 
restrictions on the right of association and recognizes the right of 
citizens to form trade and labor unions, and workers exercised this 
right in practice. The small private sector workforce was unionized. 
Unions must register with the Government to be recognized officially.
    While no laws specifically prohibit anti union discrimination, the 
court may require employers who are found guilty by civil courts of 
having engaged in such discrimination to compensate employees.

    b. The Right to Organize and Bargain Collectively.--The Labor Code 
provides for collective bargaining by industry, not by firm; 
collectively bargained agreements set wages for whole industries. Labor 
and management met to negotiate differences, and the Ministry of Labor 
provided observers. Agreements negotiated by unions also applied to non 
union workers. There are no export processing zones.
    The Labor Code provides for the right to strike after an 8 day 
notice advising that outside arbitration failed. Public sector 
employees' their right to strike is limited if a strike could 
jeopardize public safety. A 2003 social truce signed by the Government, 
employers, and the country's main trade unions provided for a 3 year 
hiatus on strikes and the creation of a 35 member mediation committee 
to negotiate disputes; however, trade unions threatened to strike 
during the year, charging that the Government and employers had not 
complied with the social truce agreement.
    The Labor Code prohibits direct government action against 
individual strikers who abide by the arbitration and notification 
provisions.
    After a parastatal palm oil company was privatized during the year, 
the workers went on strike after being denied promised separation 
bonuses and learning that government deductions for social security had 
not been forwarded to the government bureau handling the accounts for 
decades. The Government, which has not accounted for the funds, 
informed the workers that they were not eligible for retirement 
benefits. The dispute was settled peacefully, but at least one union 
leader reported that he was the recipient of death threats and police 
intimidation.

    c. Prohibition of Forced or Compulsory Labor.--The law prohibits 
forced or compulsory labor; however, there were reports that such 
practices occurred, including by children (see Sections 5 and 6.d.).
    Some Pygmies reportedly lived in conditions tantamount to slavery 
(see Section 5).

    d. Prohibition of Child Labor and Minimum Age for Employment.--
Children below the age of 16 may not work without the express consent 
of the Ministries of Labor, Education, and Public Health; however, 
child labor was a serious problem. The Legal Code stipulates fines and 
prison sentences for violations of the minimum age for work. The 
ministries rigorously enforced this law in urban areas with respect to 
citizen children, and few citizens under the age of 18 worked in the 
formal wage sector; however, child labor occurred in rural areas, where 
the law was seldom enforced.
    An unknown number of children primarily foreign worked in 
marketplaces or performed domestic duties; many of these children were 
reportedly the victims of child trafficking (see Section 5). Such 
children generally did not go to school, received only limited medical 
attention, and often were exploited by employers or foster families. 
Laws forbidding child labor theoretically extended protection to these 
children, but abuses often were not reported. A 2001 ILO study 
estimated that the number of economically active children between the 
ages of 10 and 14 years was 19,000 to 20,000, but the actual number was 
probably considerably higher since most children worked in the informal 
sector.
    The Ministry of Justice is responsible for implementing and 
enforcing child labor laws and regulations. Inspectors from the 
Ministry of Labor are responsible for receiving, investigating, and 
addressing child labor complaints. However, the inspection force was 
inadequate, complaints were not investigated routinely, and 
consequently, violations were not systematically addressed.

    e. Acceptable Conditions of Work.--The Labor Code governs working 
conditions and benefits for all sectors and theoretically provides a 
broad range of protection to workers; however, the Government sometimes 
did not respect these protections in practice. According to law, 
representatives of labor, management, and the Government meet annually 
to examine economic and labor conditions and to recommend a minimum 
wage rate to the President, who then issues an annual decree; however, 
this procedure had not been followed since 1994, in part because the 
Government was following a policy of wage austerity recommended by 
international financial institutions. The monthly minimum wage was 
approximately $120 (60,000 CFA francs); government workers received an 
additional monthly allowance of $40 (20,000 CFA francs) per child. 
Government workers also received transportation, housing, and family 
benefits. The law does not mandate housing or family benefits for 
private sector workers. The minimum wage did not provide a decent 
standard of living for a worker and family.
    The Labor Code stipulates a 40 hour workweek with a minimum rest 
period of 48 consecutive hours. Employers must compensate workers for 
overtime work. All companies in the formal sector paid competitive 
wages and granted the fringe benefits required by law, including 
maternity leave and 6 weeks annual paid vacation.
    The Ministry of Health established occupational health and safety 
standards, but it did not enforce or regulate them. The application of 
labor standards varied from company to company and between industries. 
In the formal sector, workers may remove themselves from dangerous work 
situations without fear of retribution.
    The Government reportedly did not enforce Labor Code provisions in 
sectors where the majority of the labor force was foreign. Foreign 
workers, both documented and undocumented, may be obliged to work under 
substandard conditions; dismissed without notice or recourse; or 
mistreated physically, especially in the case of illegal aliens. 
Employers frequently required longer hours of work from noncitizen 
Africans and paid them less, often hiring on a short term, casual basis 
to avoid paying taxes, social security contributions, and other 
benefits.

                               __________

                               THE GAMBIA

    The Gambia is a republic under multiparty democratic rule. 
President Alhaji Yahya A.J.J. Jammeh was re-elected for a 5-year term 
in 2001 in an election considered free and fair, despite some 
shortcomings. The main opposition coalition initially accepted the 
results of the presidential elections but later changed its position 
and boycotted the legislative elections in 2002. President Jammeh's 
political party, the Alliance for Patriotic Reorientation and 
Construction (APRC), won majorities in the National Assembly and most 
local councils. The multiparty opposition remained weak, but efforts 
were underway to unify them. Although the courts have demonstrated 
their independence on occasion, the judiciary, especially at lower 
levels, was at times corrupt and subject to executive branch pressure.
    The Gambian Armed Forces reports to the Secretary of State 
(Minister) for Defense, a position held by the President. The police 
report to the Secretary of State for the Interior. The National 
Intelligence Agency (NIA), responsible for protecting state security, 
collecting intelligence, and conducting covert investigations, reports 
directly to the President. While civilian authorities generally 
maintained effective control of the security forces, there were a few 
instances in which elements of the security forces acted independently 
of government authority. Some members of the security forces committed 
human rights abuses.
    The country's market-oriented economy encouraged growth through the 
development of the private sector. Much of the country's population of 
1.4 million was engaged in subsistence farming. The high population 
growth rate diminished the effects of modest economic expansion in 
recent years. During the year, per capita gross domestic product 
increased slightly to $341.
    The Government generally respected the human rights of its 
citizens; however, there were problems in some areas. Despite some 
election deficiencies, citizens generally were able to exercise their 
right to change their government through periodic elections. Security 
forces harassed or otherwise mistreated journalists, detainees, 
prisoners, opposition members and in some cases, ordinary civilians. 
Arbitrary arrest and detention were problems; and there were reports of 
a case of incommunicado detention. Prolonged pretrial detention was a 
problem. Detainees were denied fair and expeditious trials by a slow, 
inefficient, and corrupt court system. The country's only known 
political prisoner was freed in January. The Government at times 
infringed on citizens privacy rights. The Government limited freedom of 
speech and of the press by intimidation and restrictive legislation. 
Some journalists practiced self-censorship. The Government generally 
did not restrict freedom of assembly. Violence and discrimination 
against women were problems. The practice of female genital mutilation 
(FGM) remained widespread and entrenched. Child labor persisted, mainly 
on family farms, and there were reports of child prostitution and 
sexual exploitation. There were reports of trafficking.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Arbitrary or Unlawful Deprivation of Life.--There were no 
reports of the arbitrary or unlawful deprivation of life committed by 
the Government or its agents.

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

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The Constitution prohibits such practices; however, there 
were reports that security forces, notably soldiers acting outside the 
chain of command, beat persons and mistreated civilians. There were 
occasional reports of torture (see Section 2.a.).
    The Indemnity Act stipulates that ``the President may, for the 
purpose of promoting reconciliation in an appropriate case, indemnify 
any person he may determine, for any act, matter or omission to act, or 
things done or purported to have been done during any unlawful 
assembly, public disturbance, riotous situation or period of public 
emergency.'' This law continued to prevent victims from seeking redress 
in some cases. The army requested that victims file formal complaints 
so that the cases could be investigated; however, there were no known 
prosecutions in civil courts of soldiers accused of torturing 
individuals during the year.
    On January 28, soldiers shot and injured a driver at a checkpoint. 
The police reported that the driver failed to stop for a routine check 
and that the soldiers fired warning shots into the air, then fired at 
the vehicle shooting the driver in the shoulder. No action was taken 
against those responsible by year's end.
    On June 23, soldiers playing for the Armed Forces football team 
beat and handcuffed their rivals' head coach over accusations of 
unfairness by the referee.
    On October 3, according to the press, a soldier severely beat a 20-
year old-woman unconscious. The woman claimed that the soldier beat her 
for failing to greet him and other soldiers. The soldier who was 
involved immediately was detained while the Military Police 
investigated the matter. There were no developments in the 
investigation at year's end.
    On October 17, a soldier escorting the Vice President's convoy shot 
at a motorist for ``failing to make way for the convoy'' after a 
delayed vehicle, carrying some soldiers, drove up behind him. A Armed 
Forces spokesman confirmed the incident and said the matter was under 
investigation. There were no developments in the investigation at 
year's end.
    In the following 2003 cases, the soldiers involved were charged, 
fined, and/or reprimanded by military authorities: The March beating of 
Karamo Marong, the April beating and detainment of Lamin Cham and 
Ebrima Ceesay, and the beating of Hassan Jobe, the Chief of the 
Sanchaba Sulay Jobe village, and members of his family.
    Prison conditions at Mile 2, Janjanbureh, and Jeshwang prisons 
generally met international standards, and the Government permitted 
visits by independent human rights observers. However, an opposition 
politician, Lamin Waa Juwara, who was held spent 6 months at Mile 2 
Central Prison, criticized the poor diet given to the inmates.
    Local jails continued to experience overcrowding. Inmates, 
including detainees awaiting trial, occasionally had to sleep on the 
floor; they were provided with mats or blankets. Prison guards were 
reluctant to intervene in fights between prisoners, and some of the 
prisoners were injured.
    Women were held separately from men. Juveniles were held separately 
from adults, and pretrial detainees were held separately from convicted 
prisoners. There was no separate section or facility for political 
prisoners.
    The Government permitted independent monitoring of prison 
conditions by local and international human rights groups.

    d. Arbitrary Arrest or Detention.--The Constitution prohibits 
arbitrary arrest and detention; however, police and security forces at 
times arbitrarily arrested and detained citizens. Periods of detention 
generally ranged from a few hours to 72 hours, the legal limit after 
which detainees must be charged or released.
    The police served under the Secretary of State for the Interior. 
The police generally were corrupt and on occasion acted with impunity 
and defied court orders.
    The law requires that authorities obtain a warrant before arresting 
a person; however, on occasion individuals were arrested without a 
warrant. Detainees generally were permitted prompt access to family 
members and legal counsel.
    The Government has not formally revoked military decrees enacted 
prior to the Constitution that give the NIA and the Secretary of State 
for the Interior broad power to detain individuals indefinitely without 
charge ``in the interest of national security.'' The Constitution 
provides that decrees remain in effect unless inconsistent with 
constitutional provisions. These detention decrees appeared to be 
inconsistent with the Constitution, but they have not been subject to 
judicial challenge. The Government stated that it no longer enforced 
these decrees; however, in some instances, the Government did not 
respect the constitutional requirement that detainees be brought before 
a court within 72 hours. Detainees often were released after 72 hours 
and instructed to report to the police station or NIA headquarters 
periodically until their case went to trial.
    During the year, there were cases of detentions that exceeded the 
72-hour limit. Former National Assembly Majority Leader Baba Jobe, who 
was standing trial on charges of economic crimes, and several of his 
associates, were detained at various police stations in the country 
between 3 weeks and 2 months without charge. There were reports that, 
during part of his detention at the Police Training School, Baba Jobe 
was held incommunicado.
    In October, three senior government officials were dismissed from 
their jobs for various reasons and detained for more than 72 hours. On 
October 13, Andrew Sylva was arrested and held for 8 days at the Mile 2 
central prison and at the Serious Crime Unit at police Headquarters. 
Sylva had testified before the Anti-Corruption Commission of Inquiry 
that President Jammeh had taken a government-owned generator from a 
government-owned hotel for use at his private residence. On October 21, 
he was charged with perjury and granted bail. The trial was in progress 
at year's end.
    On October 13, Tamsir Jasseh, the former Director of Immigration, 
was arrested and held for 5 days before being released without charge.
    On October 15, Adama Deen, the former Managing Director of the 
Ports Authority, was arrested and held for 6 days. There were no 
charges brought against Deen by year's end.
    In November, Kawsu Gibba, National Assembly Member for Foni 
Kansala; Momodou Lamin Nyassi, Chief of the same district; and seven 
others were arrested and accused of allegedly selling part of President 
Jammeh's supposed Ramadan gift of rice and sugar to the people of Foni 
Kansala. They were detained for more than 72 hours at the Serious Crime 
Unit and at Mile 2 Central Prison. On December 22, the charges were 
dropped.
    There was a functioning bail system. However, on several occasions, 
the courts released accused offenders on bail, while the police or 
other law enforcement agencies rearrested the offenders upon their 
leaving the court. In November, police ignored a granting of bail in 
the case of businessman Momodou Jobe. Security guards at the State 
House arrested Jobe shortly after an audience with the President and 
took him to prison. He was held for several days before being brought 
to court to face charges of robbery and fraud. After Magistrate Mboto 
set Jobe free on bail, police re-arrested Jobe as he left the 
courthouse. There were no developments in this case by year's end.
    Security forces at times briefly detained journalists and persons 
who publicly criticized the Government or who expressed views in 
disagreement with the Government (see Section 2.a.).
    On July 30, the high court acquitted Momodou Ousman Saho (known as 
Dumo), Ebrima Yarbo, and Ebrima Barrow of treason. They were the last 
of six persons, including two military officers, who were accused of 
plotting to harm the President and overthrow the Government.
    The slow pace of the justice system resulted in detainees waiting 
long periods in pretrial detention. Approximately 40 of Mile 2 Prison's 
230 inmates were in detention pending trial. Some have been 
incarcerated for more than 4 years without trial.

    e. Denial of Fair Public Trial.--The Constitution provides for an 
independent judiciary; however, in practice, the courts, especially at 
the lower levels, were corrupt and subject to executive branch pressure 
at times. Nevertheless, the courts demonstrated independence on several 
occasions, including in significant cases.
    The Constitution provides for a fair trial; however, the judicial 
system suffered from corruption, particularly at the lower levels, and 
from inefficiency at all levels. Many cases were not heard for months 
or years because the court system was overburdened and lacked the 
capacity to handle the high volume of cases. To alleviate the backlog 
and reduce the possibility of undue influence and corruption, the 
Government continued to recruit judges and magistrates from other 
Commonwealth countries who share a similar legal system. The Attorney 
General oversees the hiring of foreign judges on contract. The 
Government reserves the right not to renew a judge's contract. Foreign 
judges were generally less susceptible to corruption and executive 
branch pressure. Despite these steps, corruption in the legal system 
persisted.
    The judicial system is composed of the Supreme Court, the Court of 
Appeal, high courts, and eight magistrate courts. Village chiefs 
presided over local courts at the village level.
    Trials are public, and defendants have the right to an attorney at 
their own expense. Defendants are presumed innocent, have the right to 
confront witnesses and evidence against them, present witnesses on 
their own behalf, and appeal judgment to a higher court.
    The judicial system recognizes customary, Shari'a (Islamic law), 
and general law. Customary law covers marriage and divorce for non-
Muslims, inheritance, land tenure, tribal and clan leadership, and 
other traditional and social relations. Shari'a was observed primarily 
in Muslim marriage and divorce matters; it favored men in its 
provisions (see Section 5). General law, following the British model, 
applied to felonies and misdemeanors in urban areas and to the formal 
business sector.
    Persons have been held for extended periods pending trial (see 
Section 1.d.).
    The trial involving the leader of opposition United Democratic 
Party (UDP), Lawyer Ousainou Darboe, and four others charged with the 
murder of ruling APRC party supporter Alieu Njie in 2000 began during 
the year. It was ongoing at year's end.
    On January 26, the only known political prisoner, Lieutenant Sana 
Sabally, was freed from prison after completing a 9-year jail term for 
allegedly conspiring to assassinate the President in 1995.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The Constitution prohibits such abuses; although the 
Government generally respected these prohibitions, there were some 
exceptions. The Government has not repealed Decree 45, which abrogates 
constitutional safeguards against arbitrary search and permits search 
and seizure of property without due process. This decree formally 
remained in effect, pending a judicial finding that it is 
unconstitutional; however, in practice, the Government did not use it. 
In some instances, security forces forcibly entered homes to arrest 
citizens without warrants.
    Observers believed the Government monitored citizens engaged in 
activities that it deemed objectionable.
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 limited these 
rights by intimidation and restrictive legislation. Journalists 
practiced a degree of self-censorship. The Government did not restrict 
academic freedom.
    On occasion, security forces detained persons who publicly 
criticized or who expressed views in disagreement with the Government. 
For example, Lamin Waa Juwara, leader the National Democratic Action 
Movement (NDAM) spent 6 months in jail after being convicted of 
sedition for views expressed in a newspaper interview in September 
2003, in which he allegedly called for a public protest against the 
Government. On June 25, Juwara was released.
    On July 1, Brikama Police arrested Seedy Fanneh of Brikama Madina 
and charged him with insulting the President. Fanneh accused the police 
of torture and showed a newspaper journalist signs of a severe beating 
on his back. Fanneh's trial was in progress at the Brikama Magistrate 
Court at year's end.
    The Government published one newspaper, The Gambia Daily. The Daily 
Observer, although privately owned, tended to favor the Government in 
its coverage. There were four other independent newspapers, including 
one published by an opposition political party. There was one 
independent weekly magazine.
    The Government generally did not restrict the publication, 
importation, or distribution of written material. English, French, and 
other foreign newspapers and magazines were available.
    During the year, one government-owned and four private radio 
stations broadcast throughout the country. There were at least two 
independent radio stations. Local stations rebroadcast the British 
Broadcasting Corporation, Radio France Internationale, the Voice of 
America, and other foreign news reports, and all were available via 
short-wave radio. Both the government-owned GRTS television and foreign 
cable and satellite television channels were available in many parts of 
the country. The Government allowed unrestricted access to satellite 
television, and residents who could afford to do so received 
independent news coverage via a satellite dish or antenna.
    Citizen FM, known in the past for its civic education and political 
programming, remained closed at year's end.
    During most of the year, government-owned television and radio gave 
very limited coverage to opposition activities, but some statements by 
opposition parliamentarians in the National Assembly were reported.
    During the year, the Government detained, questioned, and otherwise 
harassed journalists and editors of newspapers that published articles 
it considered inaccurate or sensitive. For example, on February 2, 
Alhaji Yorro Jallow, the managing editor of The Independent newspaper, 
and editor-in-chief Abdoulie Sey, were arrested and questioned for 
several hours regarding a story on the ownership of the Kairaba Beach 
Hotel and Resort.
    There were other attacks and threats on the independent media 
during the year, although these have not been definitively attributed 
to the Government or the security forces. For example, on April 13, six 
unidentified persons illegally entered the offices of The Independent 
newspaper in Kanifing and burned the newspaper's new printing press. 
The Government criticized the attack and launched an investigation. In 
August, the leader of the opposition National Reconciliation Party, 
Hamat Bah, told the National Assembly that he had information that two 
officers of the National Guard were among those who attacked The 
Independent. The police condemned Bah for making such statements in the 
National Assembly, and stated that the investigation was underway. 
There were no developments in the investigation by year's end.
    On August 12, the President of the Gambia Press Union, Demba A. 
Jawo, received an anonymous threat at his house warning him about his 
critical writing against President Jammeh and the APRC Government. The 
letter promised to teach a lesson to journalists who persisted in their 
negative reporting about the Government. There were no further actions 
at year's end.
    On August 15, unidentified persons set the house of BBC stringer 
Ebrima Sillah on fire; Sillah escaped unharmed. The Government 
condemned the arson attack and appealed to members of the public who 
may have information that could lead to the arrest of the attackers to 
work with the security forces. Police were not able to identify the 
arsonists by year's end.
    On December 16, an unidentified assailant shot and killed 
journalist and newspaper publisher of The Point, Deyda Hydara. Two 
female members of Hydara's staff also were injured. The Government 
condemned the attack and promised to bring the culprits to justice. 
There were no developments by year's end.
    The National Media Commission was a state-appointed committee with 
the power to license and register journalists and force them to 
disclose their sources of information. On two occasions, the Government 
extended the deadline for all journalists and media houses to register 
or face closure by 90 days to allow the Department of State for Justice 
time to study the media chief's proposed amendments to the law.
    On December 13, the National Assembly repealed the 2002 National 
Media Commission Act as well as the clause in the Constitution that 
provided for the establishment of the Commission. However, on the same 
day, the Assembly passed an amendment to the Newspaper Act requiring 
independent journalists and broadcasting outlets to establish their own 
code of conduct and a regulatory body to enforce it. The amendment 
increased the bond deposited by nongovernment newspaper publishers and 
managers of broadcasting institutions from $3,448 (100,000 dalasi) to 
$17,240 (500,000 dalasi). On December 14, the Assembly passed 
amendments to the Criminal Code that broadened the definition of libel 
and imposed mandatory prison sentences of 6 months to 3 years for 
offenders without the option of a fine. By year's end, President Jammeh 
had not signed these bills into law.
    Although the nongovernment press practiced a degree of self 
censorship, the press frequently voiced strong, direct criticism of the 
Government, and opposition views regularly appeared in the independent 
press.
    The Government did not restrict Internet access.

    b. Freedom of Peaceful Assembly and Association.--The Constitution 
provides for freedom of assembly, and the Government generally 
respected this right in practice. However, on December 22, the 
Government restricted others from joining journalists who participated 
in a demonstration held in response to the killing of journalist Deyda 
Hydara (see Section 2.a.). The Government further discouraged members 
of the public from joining the march by positioning National Guard 
soldiers along the demonstration route in Banjul.
    The Constitution provides for freedom of association, and the 
Government generally respected this right in practice. The AFPRC's 
Decree 81 requires nongovernmental organizations (NGOs) to register 
with the National Advisory Council, which has the authority to deny, 
suspend, or cancel the right of any NGO to operate, including that of 
international NGOs. The Government did not take action against any NGOs 
during the year.

    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 but allows for ``reasonable restrictions,'' which the Government 
at times enforced. The Government prohibited those under investigation 
for corruption or security matters from leaving the country.
    The Constitution prohibits forced exile, and the Government did not 
use it.
    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, the 1967 Protocol Relating to the Status of 
Refugees, and the Organization of African Union's Convention Governing 
the Specific Aspects of Refugee Problems in Africa, and the Government 
has established a system for providing such protection. 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 cooperated with the office of the U.N. 
High Commissioner for Refugees and other humanitarian organizations in 
assisting refugees and asylum seekers. The country hosted approximately 
600 Senegalese refugees from the troubled Casamance region, as well as 
approximately 1,500 additional refugees from the Republic of the Congo, 
the Democratic Republic of the Congo, Eritrea, Ethiopia, and Liberia.
    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. The Constitution provides for the democratic 
elections of the President and National Assembly every 5 years. The 
APRC remained the dominant political party.
    International observers described the 2001 presidential electoral 
process as generally free and fair, despite some shortcomings. 
President Jammeh won approximately 53 percent of the vote. The 
opposition political parties initially conceded the elections but then 
accused the Government of bribing voters and issuing threats, both 
explicit and veiled, against individuals and communities that did not 
support the incumbent. Observers agreed there probably were some 
irregularities in the registration process but on a much smaller scale 
than the UDP/People's Progressive Party (PPP)/Gambia People's Party 
coalition alleged. The post-election period was marred when Jammeh 
fired more than 20 village heads and civil servants who had not 
expressed public support for him during the campaign or who had been 
accused of corruption or incompetence; security forces also arrested 
and detained many opposition supporters throughout the country.
    The major opposition coalition boycotted the 2002 National Assembly 
elections accusing the Independent Electoral Commission of allowing 
fraudulent voter registrations and mismanaging both the presidential 
and legislative elections. The boycott was criticized widely as 
unjustified and as an inappropriate response to the alleged fraud and 
left many of the opposition's own candidates unfunded and unsupported 
during the elections. The APRC won the majority for the National 
Assembly. The People Democratic Organization for Independence and 
Socialism (PDOIS) won two seats and the National Reconciliation Party 
won one seat. The President appointed 4 members of his own party and 1 
former opposition presidential candidate to the 48-member National 
Assembly.
    Throughout the year, there were efforts to bring together the five 
main opposition parties: NDAM, National Reconciliation Party (NRP), 
PDOIS, PPP, and UDP in a coalition to contest the 2006 presidential 
elections. At year's end, the parties said they had reached an 
agreement.
    In July, while negotiations on the proposed coalition were still in 
progress, the parties involved backed the UDP candidate in the Jarra 
West by-election, who went on to win the National Assembly seat left 
vacant after the conviction of the former Majority Leader.
    Corruption was a serious problem. In October 2003, the President 
launched an anti-corruption program, ``Operation No Compromise,'' to 
rid the government system of corruption and help restore the confidence 
of the international community. A number of once influential government 
officials and businesspersons have been affected by the campaign. 
Immediately following the start of the campaign, the Government ended 
open speculation on the national currency by black-market foreign 
exchange dealers.
    On March 29, the former majority leader of the National Assembly, 
and a very influential figure within the ruling party, Baba Jobe, was 
sentenced to 9 years and 8 months' imprisonment and ordered to 
reimburse the Port Authority $3 million (91.1 million dalasi) for 
economic crimes stemming from corruption (see Section 1.d.).
    On July 1, the President established a Commission of Inquiry to 
investigate the assets and properties of all senior public officials 
who served his administration over the past 10 years, including 
ministers, permanent secretaries, central bank and customs officials, 
as well as senior intelligence and military officers. By year's end, 
the commission was still sitting.
    On July 16, the President appointed a special commission of inquiry 
to investigate alleged corruption surrounding a $3 million fiber optic 
cable deal by the national telecommunications company GAMTEL. At year's 
end, the commission was still sitting.
    During the year, a number of senior government officials also lost 
their jobs, some of them for suspected corrupt practices.
    In October 2003, the Director General of the Civil Aviation 
Authority, his deputy, and the Director of Finance, were dismissed for 
alleged misuse of funds. Also, several senior officials of the Central 
Bank, including the Foreign Exchange Manager, were removed from their 
positions over allegations of fraud, especially in foreign currency 
transactions.
    The law does not provide for public access to government 
information. Under Official Secrets Act, civil servants are not allowed 
to divulge information about their department or even to speak to the 
press without prior clearance with their head of department. In some 
cases, journalists from certain independent newspapers have been 
refused access to public events, apparently because of the dislike by 
certain government officials of their editorial stance.
    There were 6 women in the 48-seat National Assembly; 3 were 
elected, 4 were appointed by the President. There were 3 women in the 
15-member Cabinet, including the Vice President. In July, as reported 
in the local media, the President relieved one woman, Ramzia Diab, of 
her appointed National Assembly seat for her open support of ousted 
Majority leader Baba Jobe and replaced her with a man.
    There were no statistics available on the percentage of minorities 
who compose the legislature or the cabinet. President Jammeh and some 
members of his administration were from the previously marginalized 
minority Jola ethnic group.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    A number of domestic and international human rights groups 
generally operated without government restriction, investigating and 
publishing their findings on human rights cases. Government officials 
were somewhat cooperative and responsive to their views.
Section 5. Discrimination, Societal Abuses, and Trafficking In Persons
    The Constitution prohibits discrimination based on race, religion, 
sex, disability, language, or social status, and the Government 
generally enforced these prohibitions.

    Women.--Domestic violence, including spousal abuse, was a problem. 
It was reported occasionally, and its occurrence was believed to be 
common. Police considered these incidents to be domestic issues outside 
of their ordinary jurisdiction. Rape, spousal rape, and assault are 
crimes under the law; rape was not common. The law against spousal rape 
was difficult to enforce effectively, as many did not consider spousal 
rape a crime and failed to report it.
    The practice of FGM remained widespread and entrenched, although 
there were efforts by several NGOs to discourage the practice through 
public education. Between 60 and 90 percent of women have undergone 
FGM. Approximately seven of the nine major ethnic groups practiced FGM 
at ages varying from shortly after birth until age 16. FGM was less 
frequent among the educated and urban segments of those groups. There 
were unconfirmed reports of incidences of health related complications, 
including deaths, associated with the practice of FGM; however, no 
accurate statistics were available. The Government publicly supported 
efforts to eradicate FGM and discouraged it through health education; 
however, authorities have not passed legislation against FGM, which was 
not considered a criminal act. President Jammeh stated that the 
Government would not impose a ban on FGM, but his administration worked 
to convince traditional village leaders to abandon the practice. 
Practitioners of FGM and other types of circumcision in the country 
believed that Islam mandates it; however, at least one influential imam 
declared that Islam forbids such harmful customs.
    Prostitution is illegal but was a problem, especially in the 
tourist areas. The Government expelled numerous foreign prostitutes. 
The 2003 Tourism Offences Act was passed to deal with increasing 
incidents of tourism-related offences, including sex tourism. The Act 
prohibits child prostitution, trafficking and pornography.
    There are no laws against sexual harassment. Although individual 
instances have been noted, sexual harassment was not believed to be 
widespread.
    Traditional views of women's roles resulted in extensive societal 
discrimination in education and employment. Employment in the formal 
sector was open to women at the same salary rates as men. No statutory 
discrimination existed in other kinds of employment; however, women 
generally were employed in such places as food vending or subsistence 
farming.
    Shari'a law is applied in divorce and inheritance matters for 
Muslims, who make up more than 90 percent of the population. Women 
normally received a lower proportion of assets distributed through 
inheritance than did male relatives. The appropriate church and the 
Office of the Attorney General settled Christian and civil marriage and 
divorce matters.
    Marriages often were arranged and, depending on the ethnic group, 
polygyny was practiced. Women in polygynous unions have property and 
other rights arising from the marriage. They have the option to divorce 
but not a legal right to approve or be notified in advance of 
subsequent marriages.
    The Department of Women's Affairs, under the direction of the Vice 
President, oversees programs to ensure the legal rights of women. 
Active women's rights groups existed.

    Children.--The Government was committed to children's welfare. The 
Department of Education and the Department of Health and Social Welfare 
were the two most generously funded government departments; however, 
lack of resources limited state provision of both education and health 
services.
    The Constitution mandates free, compulsory primary education up to 
8 years of age, but the state of the educational infrastructure 
prevented effective compulsory education, and children still must pay 
school fees. The Government estimated that in 2000, 60 percent of 
children were enrolled in primary school. Girls constituted 
approximately 40 percent of primary school students and roughly one-
third of high school students. The enrollment of girls was low, 
particularly in rural areas where a combination of poverty and socio-
cultural factors influenced parents' decisions not to send girls to 
school. The Government implemented a countrywide program to pay school 
fees for all girls.
    Authorities generally intervened when cases of child abuse or 
mistreatment were brought to their attention; however, there was no 
societal pattern of abuse against children. Any person who has carnal 
knowledge of a girl under the age of 16 is guilty of a felony (except 
in the case of marriage, which can be as early as 12 years of age). 
Incest also is illegal. These laws generally were enforced. Serious 
cases of abuse and violence against children were subject to criminal 
penalties.
    FGM was performed primarily on young girls (see Section 5, Women). 
There were no developments in the 2002 case of forcible circumcision of 
a 13-year-old girl in Tanji village.
    Trafficking of children for prostitution was a problem (see Section 
5, Trafficking).
    Child labor was a problem (see Section 6.d.).
    The Child Protection Alliance (CPA), a consortium of various 
organizations (national and international) that promote the protection 
of children from abuse, conducted countrywide workshops for teachers on 
alternatives to corporal punishments, and awareness campaigns against 
sexual exploitation of children for community and religious leaders. In 
September, it held a 1-week police training on combating child sexual 
abuse and exploitation in travel and tourism for security officers.

    Trafficking in Persons.--The law does not comprehensively prohibit 
trafficking in persons, and trafficking occurred. The Government 
considered trafficking in persons to be a serious problem, initiated 
anti-trafficking legislation, and established a multi-agency 
trafficking in persons taskforce. The Government had not prosecuted 
anyone for trafficking by year's end.
    In January, a joint UNICEF-government study reported that children 
engaged in prostitution in the main tourist resort areas were 
predominantly underage, some as young as 12. The report stated that the 
country has become an attraction for suspected or convicted European 
pedophiles that entered the country as tourists and committed their 
crimes against children silently and with impunity. Victims of 
trafficking were children of both sexes, normally younger than 16 to 18 
years old, and included both citizens and immigrants or refugees from 
Sierra Leone, Liberia, Senegal, and Guinea-Bissau. The foreign children 
were war migrants without proper family support.
    Some child prostitution victims stated they worked to support their 
families, or because they were orphans and their guardian/procurer 
supported them. The guardian/procurer often assumed the role of the 
African uncle, allowing the children to live in his compound with their 
younger siblings or paying school fees on their behalf in return for 
their servitude.
    The country was a destination for trafficking victims. The number 
of persons, mostly children, trafficked for commercial sexual 
exploitation was small but growing. In February, the authorities 
rescued approximately 30 Ghanaian children trafficked for commercial 
labor and as domestic servants. Twelve of the children were sent back 
to Ghana, but the rest were returned to their biological parents in the 
country with whom they lived. The parents of the children may or may 
not have been themselves victims of trafficking. Most trafficking 
victims became prostitutes and beggars; a few became domestic servants. 
Trafficking victims mostly came from conflict-ravaged countries, such 
as Liberia and Sierra Leone. Victims from Senegal, Guinea Bissau, and 
Sierra Leone told CPA that foreign residents obtained permission from 
their home country families to employ them as bar waitresses or 
domestic maids. After their arrival, the local employers informed them 
their duties entailed commercial sex work.
    The country was also a point of origin and transit for trafficking. 
In previous years, there were reports of a few citizens being 
trafficked to Western Europe, as well as some Senegalese and Bissau-
Guineans reportedly trafficked through the country to Western Europe, 
mostly to Scandinavia; however, there were no such reports during the 
year.
    There was no evidence of government involvement at any level in 
trafficking in persons.
    The Government had no established victim care and health facilities 
for trafficked persons; however, the Government provided temporary 
shelter and access to medical and psychological services to reported 
victims of trafficking.
    The Government's Task Force on Trafficking in Persons consisted of 
members that represented various government agencies including 
Immigration, Police, National Intelligence Agency, Justice, Foreign 
Affairs, Social Welfare, and Trade and Industry as well as UNICEF, the 
National Assembly, and the CPA.

    Persons With Disabilities.--There were no statutes or regulations 
requiring accessibility for persons with disabilities. No legal 
discrimination against persons with physical disabilities existed in 
employment, education, or other state services; however, some societal 
discrimination existed towards those with disabilities. Persons with 
severe disabilities subsisted primarily through private charity. 
Persons with less severe disabilities were accepted fully in society, 
and they encountered little discrimination in employment for which they 
physically were capable. Very few buildings in the country were 
specifically accessible to persons with disabilities.

    Other Societal Abuses and Discrimination.--There was evidence of 
societal discrimination against persons infected with the HIV/AIDS 
virus. Stigma and discrimination hindered disclosure and led to 
rejection from partners and relatives. In some cases, persons infected 
with HIV/AIDS were prevented from meeting visitors.
    The Government committed itself to protecting the rights of persons 
living with HIV/AIDS by developing a 5-year National Strategic Plan 
that includes the provision of care, treatment, and support to persons 
living with, or affected by, HIV/AIDS.
Section 6. Worker Rights
    a. The Right of Association.--The Labor Act, which applies to all 
workers except civil servants, specifies that workers are free to form 
associations, including trade unions, and workers exercised this right 
in practice. Unions must register to be recognized, and there were no 
cases where registration was denied to a union that applied for it. The 
Labor Act specifically prohibits police officers and military 
personnel, as well as other civil service employees, from forming 
unions. Approximately 20 percent of the work force was employed in the 
modern wage sector, where unions were most active.
    In February, the International Confederation of Free Trade Unions 
issued a report alleging that the Government had not implemented the 
eight International Labor Organization conventions known as ``core 
labor rights'' and criticized the Government for prohibiting civil 
servants from forming unions. The Government responded that it is 
updating the Labor Act to incorporate the ILO conventions; however, no 
new labor legislation was in place at year's end.
    Employers may not fire or discriminate against members of 
registered unions for engaging in legal union activities, and the 
Government intervened to assist workers who were fired or discriminated 
against by employers.

    b. The Right to Organize and Bargain Collectively.--The Labor Act 
allows workers to organize and bargain collectively, and although trade 
unions were small and fragmented, collective bargaining took place. 
Unions were able to negotiate without government interference; however, 
in practice, the unions lacked experience, organization, and 
professionalism, and often turned to the Government for assistance in 
negotiations. Union members' wages, which generally exceeded legal 
minimums, were determined by collective bargaining, arbitration, or 
agreements reached between unions and management. The act also sets 
minimum contract standards for hiring, training, terms of employment, 
and provides that contracts may not prohibit union membership.
    The Labor Act authorizes strikes but requires that unions give the 
Commissioner of Labor 14 days' written notice before beginning an 
industrial action (28 days for essential services); however, because of 
certain provisions of the Labor Act and the weakness of unions, few 
strikes occurred. There were no strikes during the year. The Labor Act 
specifically prohibits police officers and military personnel, as well 
as other civil service employees, from striking. Upon application by an 
employer to a court, the court may prohibit industrial action that is 
ruled to be in pursuit of a political objective. The court also may 
forbid action judged to be in breach of a collectively agreed procedure 
for settlement of industrial disputes. It prohibits retribution against 
strikers who comply with the law regulating strikes.
    In April, the Government introduced two Industrial Tribunals in 
Banjul and Kanifing to handle all labor related disputes and claims 
arising out of work. The tribunals are provided for in the Labor Act 
but had never been established.
    There is a government-established export-processing zone (EPZ) at 
the port of Banjul and the adjacent bonded warehouses. The Labor Code 
covers workers in the EPZs, and they were afforded the same rights as 
workers elsewhere in the economy.

    c. Prohibition of Forced or 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.--The 
statutory minimum age for employment is 14 years; however, child labor 
was a problem. There was no effective compulsory education, and because 
of limited secondary school openings, most children completed formal 
education by the age of 14 and then began work. Child labor protection 
does not extend to youth performing customary chores on family farms or 
engaged in petty trading. In rural areas, most children assisted their 
families in farming and housework. In urban areas, many children worked 
as street vendors or taxi and bus assistants. There were a few 
instances of children begging on the street. The tourist industry 
stimulated a low, but growing level of child prostitution (see Section 
5). Employee labor cards, which include a person's age, were registered 
with the Labor Commissioner, who was authorized to enforce child labor 
laws; however, enforcement inspections rarely took place. The 
Department of Labor under the Department of State for Trade and 
Employment was responsible for implementing the provisions of the ILO 
Convention 182 on the worst forms of child labor; however, the 
Government generally was ineffective in enforcing those provisions.

    e. Acceptable Conditions of Work.--Minimum wages and working hours 
were established by law through six joint industrial councils, 
comprised of representatives from labor, management, and the 
Government. The lowest minimum wage was approximately $0.41 (12 dalasi) 
per day for unskilled labor. The national minimum wage did not provide 
a decent standard of living for a worker and family. The minimum wage 
law covers only 20 percent of the labor force, essentially those 
workers in the formal economic sector. A majority of workers were 
employed privately or were self-employed, often in agriculture. Most 
citizens did not live on a single worker's earnings and shared 
resources within extended families.
    The basic legal workweek was 48 hours within a period not to exceed 
6 consecutive days. Nationwide, the workweek included four 8-hour 
workdays and two 4-hour workdays (Friday and Saturday). A 30-minute 
lunch break was mandated. Government employees were entitled to 1 month 
of paid annual leave after 1 year of service. Private sector employees 
received between 14 and 30 days of paid annual leave, depending on 
length of service.
    The Labor Act specifies safety equipment that an employer must 
provide to employees working in designated occupations. The Factory Act 
authorizes the Department of Labor to regulate factory health and 
safety, accident prevention, and dangerous trades, and to appoint 
inspectors to ensure compliance with safety standards. Enforcement was 
inconsistent due to insufficient and inadequately trained staff. 
Workers may demand protective equipment and clothing for hazardous 
workplaces and have recourse to the Labor Department. The law provides 
that workers may refuse to work in dangerous situations without risking 
loss of employment; however, in practice workers who do so risk loss of 
employment.
    The law protects foreign workers employed by the Government; 
however, it only provides protection for privately employed foreigners 
if they have a current valid work permit. Illegal foreign workers 
without valid work permits do not enjoy protections under the law. 
Legal foreign workers may join local unions.

                               __________

                                 GHANA

    Ghana is a constitutional democracy with a strong presidency and a 
unicameral 230-seat Parliament. In December, eight political parties 
contested parliamentary elections, and four parties, including the 
ruling New Patriotic Party (NPP), contested presidential elections. 
Despite a few incidents of intimidation and minor irregularities, 
domestic and international observers judged the elections generally 
free and fair. John Agyekum Kufuor of the ruling NPP was reelected 
president with 52.45 percent of the vote against three other 
presidential candidates, including former Vice-President John Atta 
Mills of the National Democratic Congress (NDC). The judiciary was 
subject to influence and corruption and lacked adequate resources.
    The police, under the jurisdiction of an eight-member Police 
Council, are responsible for maintaining law and order. The military 
continued to participate in law enforcement activities during the year. 
A separate department, the Bureau of National Investigations, handles 
cases considered critical to state security and answers directly to the 
executive branch. While civilian authorities generally maintained 
effective control over security forces, there were some instances in 
which elements of the security forces acted independently of government 
authorities. Some members of the police and other security forces 
committed numerous serious human rights abuses.
    The market-based economy remained dependent on agriculture, which 
accounted for approximately 39.8 percent of gross domestic product and 
49 percent of employment, according to government statistics. The 
country's population was approximately 21 million. The economy grew at 
a rate of 5.2 percent during 2003. Inflation decreased from a high of 
30 percent in April 2003 to 12.9 percent by August, and wages kept pace 
with inflation.
    The Government generally respected the human rights of its 
citizens; however, there were problems in several areas. Police use of 
excessive force resulted in some unlawful killings and injuries. There 
continued to be credible reports that police beat suspects in custody, 
and that police arbitrarily arrested and detained persons. Prison 
conditions remained harsh and life threatening. Police corruption and 
impunity was a problem. Prolonged pretrial detention remained a serious 
problem. Corruption in all branches of the Government remained a 
serious problem, although some initiatives were taken to correct this. 
At times the Government infringed on citizens' privacy rights. There 
were occasional reports that government officials pressured government 
media outlets to minimize coverage of opposition politicians. Police 
set up barriers, ostensibly to patrol illegal smuggling, but motorists 
often complained that they used these barriers to demand bribes from 
motorists. A nighttime curfew in the north was lifted in August. 
Violence against women and children was a serious problem; however, the 
Government continued to prosecute sexual abuse against underage girls 
and courts gave lengthy sentences and remanded several individuals in 
custody for such abuse. Trokosi, a traditional form of ritual servitude 
that is prohibited by law, was practiced on a limited scale in one 
region of the country. Female genital mutilation (FGM), although 
illegal, still was practiced. Societal discrimination against women, 
persons with disabilities, homosexuals, and persons with HIV/AIDS was a 
problem. Trafficking in women and children was a problem. There were 
some incidents of politically and ethnically motivated violence, and 
some ethnic groups complained of discrimination. Child labor, including 
forced child labor, was a problem in the informal sector. Vigilante 
justice also was a problem.
    On October 12, the National Reconciliation Commission (NRC) 
submitted its final report and recommendations to the Government based 
on hearings held between January 2003 and July on human rights abuses 
for the periods of unconstitutional government since independence in 
1957.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Arbitrary or Unlawful Deprivation of Life.--There was one report 
of a political killing. Security forces committed some unlawful 
killings of criminal suspects and innocent bystanders using excessive 
force. During national elections in December, a regional chairman of a 
small opposition party, the Convention People's Party (CPP), who was 
also the branch chairman of the Ghana Private Road Transport Union, was 
arrested for alleged possession of illegal weapons. Although no weapons 
were recovered, police handed him over to the military, where he later 
died on December 9. Following the incident, the Inspector-General of 
Police ordered a commission to investigate the cause of death. An 
autopsy was conducted and revealed clear signs of physical abuse during 
custody. A military investigation into the same incident was also 
ongoing at the year's end.
    Incidents of police brutality, negligence, and corruption 
contributed to low public confidence in police, mob attacks on police 
stations, and a widespread desire to deal with suspected criminals 
through vigilante justice (see Section 1.c.). For example, on March 29 
in Nsuaem, Western Region, a 16-year-old student was killed while in 
police custody. A mob attacked the police vehicle transferring the 
student, who was accused of selling body parts, from the local police 
station to the regional station. The police claim the student was 
killed by a stray bullet; however, the student's father disputed the 
claim and said that the police had intentionally killed him. There was 
no further action on this case by year's end.
    A police investigation into the July 2003 incident in which a 
bystander was killed when police officers fired warning shots to 
disperse a crowd was ongoing at year's end.
    Unlike in the previous year, there were no reported cases that 
police shot and killed armed robbers while trying to apprehend them 
during the year. The court trial of an officer who killed one man and 
injured another while attempting to arrest them for illegal logging in 
Kintampo, Brong-Ahafo Region, in 2003 was completed during the year. 
The police officer had been discharged on a court order so that he 
could participate in the trial. He was found innocent and reinstated 
for duty.
    Political clashes also led to several deaths, injuries, and 
property damage (see Section 1.c.).
    On December 6, the night before Election Day, there was a dispute 
between opposing political party activists in Kwamekrom in the Volta 
Region; two persons were shot, and one later died.
    On December 7, Election Day, groups of political party activists in 
the north monitored polling stations in an unofficial capacity and 
without observation credentials from the Electoral Commission, and 
there were some reports of harassment and intimidation by these groups. 
In the Tolon/Kumbungu district of the Northern Region, NPP supporters 
went into a constituency known to be an NDC stronghold to investigate 
allegations of underage voting. The two groups clashed, resulting in 
the death of two persons, one from each side of the debate.
    The trials of those charged with unlawful harm during the 2003 
clashes between NPP and NDC supporters in Tamale, Northern Region, have 
not been officially dropped from the docket but have been 
``abandoned,'' and no one from either side has pursued further action. 
Opposition NDC party members called for an official inquiry into the 
situation, alleging that security forces abused, harassed, and 
discriminated against their party supporters during the incident; 
however, no judicial inquiry occurred by year's end, and the Government 
denied the allegations.
    During the year, chieftancy disputes continued to result in 
tensions; however, there were no reports of deaths during the year (see 
Section 5).
    In March, there were two cases in which unknown assailants killed 
Fulani herdsmen in the Eastern Region. These clashes were connected 
with traditional land rights disputes between indigenous locals and the 
migrant herdsmen. Clashes were also sparked when herdsmen allowed their 
cattle to graze openly on local farmlands. Some of these disputes were 
prosecuted under the law while others were resolved through chieftancy 
resolution, and other cases were not prosecuted at all. In April, the 
Government reminded chiefs that they should not allow illegal grazing 
practices by herdsmen.
    The press reported numerous cases of vigilante style ``instant 
justice'' conducted by angry citizens and mobs on suspected criminals 
and suspected witches, which led to a number of deaths and injuries 
(see Section 5). For example, in July, four suspected robbers were 
killed by mobs in three separate incidents in Kumasi, the capital of 
the Ashanti Region. In several instances, security forces intervened to 
save the lives of suspected criminals.
    The investigation into the 2003 case of a man accused of lynching a 
Malian man was ongoing at year's end.
    No arrest had been made in a 2003 case in which a mob attacked and 
killed a fetish priest. An investigation was ongoing at year's end.

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

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The Constitution prohibits such practices; however, there 
continued to be credible reports that police beat prisoners and other 
citizens. It generally was believed that severe beatings of suspects in 
police custody occurred throughout the country but largely went 
unreported. In many cases in which suspects alleged maltreatment, the 
police denied the allegation or claimed that the force was justified.
    One local press source reported several incidents of beatings by 
police throughout the year, although the police alleged the use of 
force in these cases was necessary. In June, a police officer 
reportedly beat an employee of the electricity company for 
disconnecting the power supply to a police station that had failed to 
pay its bill. Police and security officers also beat a group of 
political party activists and prevented their travel to a regional 
capital to protest a decision made at their party's headquarters in 
Accra (see Section 2.d.). Investigations in these cases were ongoing at 
year's end.
    On May 24, police in the eastern region arrested a man suspected of 
stealing tractor parts from his former employer. The suspect was 
escorted through town with no clothing, prompting public taunting. The 
suspect claimed that they tore off his clothing during arrest, but the 
police said that the suspect removed his own clothing while resisting 
arrest. No further inquiry into the matter was made during the year.
    On December 18, a police officer in Accra reportedly shot a taxi 
driver for failing to heed orders to stop after committing an illegal 
driving offense. The police alleged that he tried to shoot the 
vehicle's back tire, but instead shot the driver in the ribs. An 
investigation was ongoing at year's end.
    Unlike in previous years, there were no reports of injuries from 
warning shots fired by police. Police Administration opened an internal 
investigation into the use of excessive force in riot situations. The 
investigation was completed during the year.
    There were reports of inter- and intra-party clashes. A dispute 
between the ruling NPP and opposition NDC parties turned violent in 
Tamale, Northern Region, in May, which resulted in several injuries and 
the destruction of property (see Section 1.a.).
    At year's end, the trial continued of the four suspects involved in 
a 2003 bombing outside the residence of the regional NPP organizer in 
Ho, Volta Region.
    A commission of inquiry into the cause of the 2001 clash between a 
group of NPP activists and NDC supporters in Asutuare, Greater Accra 
Region, continued its work during the year. The mandate required the 
commission to submit a report to the President within 8 weeks of its 
first meeting; however, no report had been submitted by year's end. The 
case had not been called to court by year's end.
    "Machomen'' (party thugs) and land guards, private security 
enforcers hired by citizens to settle private disputes and vendettas, 
caused injury and property damage during the year. The machomen were 
organized privately and operated outside the law. There were some 
allegations of police complicity with these extralegal security agents. 
In January, the national organizer of the NDC said that all political 
parties in the country were guilty of using machomen to intimidate 
their opponents during election periods. On August 4, the Government 
declared a ban on land guards. In October, police in Tema arrested 23 
land guards following their persistent harassment of developers on a 
disputed piece of property.
    The press reported numerous cases of vigilante style ``instant 
justice'' conducted by angry citizens and mobs against suspected 
criminals and suspected witches that led to a number of deaths and 
injuries (see Sections 1.a and 5).
    The 2003 case in which a mob severely beat four men who were 
falsely accused of theft was still under investigation at year's end.
    Prison conditions in most cases were harsh and sometimes life 
threatening, despite government efforts during the year to improve 
them. The 2003 Prisons Service Annual Report revealed that prisons 
remained overcrowded and under-financed. According to the report, there 
was a monthly average of 11,038 prisoners serving in prisons meant for 
a total population of 6,500. The report also noted that the President 
granted amnesty in 2003 to 1,823 prisoners to help relieve the 
congestion in prisons.
    The Government also sought to address the unsafe and unsanitary 
conditions of the prisons during the year. Much of the prison 
population was held in buildings that were originally old colonial 
forts or abandoned public or military buildings, with poor ventilation 
and sanitation, dilapidated construction, and limited space. In April, 
the Government committed $25 million to transform the Prisons Service 
to construct a new prison complex in the Greater Accra region. 
Additionally, the Government secured a $19.2 million loan from the 
South African Government to procure training materials and vehicles for 
Prisons Service officers.
    Prisoners relied on families or outside organizations for 
additional food, medicine, and other supplies. A shortage of bedding 
and clothing for prisoners continued. Medical facilities were 
inadequate, and the prisons supplied only the most basic medicines. 
Overcrowding contributed to a high prevalence of communicable diseases. 
Some suspects allegedly pleaded guilty to be sent to prison and leave 
the unsanitary conditions in police remand cells.
    According to the 2003 Prisons Service Report, 115 prisoners died in 
prisons in 2003 from diseases such as tuberculosis, HIV/AIDS, and 
anemia.
    At a prison in the Central Region, four wardens faced disciplinary 
action in June for covering up information regarding the escape of 
inmates in 2002. The prisoners were able to escape because they were 
hired out to work for local farmers by some prison officials, who then 
pocketed the money paid for the prisoners' labor.
    Female prisoners were held separately from male prisoners. The 
Criminal Code stipulates that, regardless of the offense, all women 
convicts should be tested for pregnancy upon incarceration. If a 
convict is pregnant, the convict should be kept at a place where her 
health needs can be met. In spite of this directive, there were 42 
pregnant convicts and 20 babies serving time with their convict mothers 
in 2003, according to the Prisons Service Annual Report.
    Juvenile offenders were held separately in the Borstal Institute, a 
juvenile correction center. Juveniles who inflated their ages to avoid 
lengthy rehabilitation sentences in the Borstal Institute made the 
problem of overcrowding worse. During the year, the Department of 
Social Welfare and Prison Services collaborated to transfer any known 
juveniles in adult cells to juvenile correction centers.
    Pretrial detainees were held with convicted prisoners.
    The Prisons Service is governed by a Prisons Council, appointed by 
the President, with members from the Interior and Justice Ministries, 
the Department of Social Welfare, the Medical and Bar Associations, and 
other members of civil society. During the year, members of the Prisons 
Council, as well as the Commission for Human Rights and Administrative 
Justice (CHRAJ), foreign diplomats, nongovernmental organizations 
(NGOs), and the media inspected prison conditions. In the past, the 
Director General of Prisons has allowed cameras into some prison 
inspections to educate the population on the conditions; however, there 
were no reports during the year that the media was denied access. 
According to the 2003 Prisons Service Annual Report, members of the 
NRC, led by the chairman, visited select prison sites to assist in the 
work of the NRC.

    d. Arbitrary Arrest or Detention.--The Constitution provides for 
protection against arbitrary arrest and detention; however, arbitrary 
arrest and detention were problems.
    The police service come under repeated criticism following 
incidents of police brutality, corruption, and negligence. Public 
confidence in the police remained low, and mobs attacked several police 
stations due to perceived police inaction, delays in prosecuting 
suspects, rumors of collaboration with criminals, and the desire to 
deal with suspects through instant justice (see Section 1.a.). 
According to the police service's Monitoring and Inspections Unit, 
there were 590 complaints or petitions received against the police, 
compared with 455 cases reported in 2003. The number of complaints 
during the year of harassment or unlawful arrest and detention with 
human rights violations was 48 cases, compared with 22 in 2003.
    A 2003 survey conducted by the Center for Democratic Development 
(CDD) on Police-Community Relations found that many of those arrested 
believed that they were not treated according to the law; there was a 
strong belief that police often violated the human rights of those 
arrested. Of those who stated that they were arrested, 46 percent were 
not informed of the charges against them, 51 percent were not read 
their rights, 67 percent reported they were not given the opportunity 
to contact a lawyer, and 44 percent believed they were presumed guilty 
from the onset.
    Government officials publicly stated that the Government's ``zero 
tolerance for corruption'' policy applied to police and other security 
officials; however, the 2003 Police-Community Relations survey also 
found that 68 percent of respondents believed extortion or bribery 
occurred frequently within the Police Service. Of the small number of 
respondents who admitted having offered a bribe, 92 percent reported 
that police officers accepted the bribe. Similarly, a public opinion 
survey that CDD released in 2003 found that, among public figures, 
citizens were most suspicious of the police (79 percent responded that 
at least some police personnel were corrupt), followed by customs 
officials (74 percent), and judges/magistrates (70 percent).
    There were credible reports that police extorted money from local 
businesses by acting as private debt collectors and arresting citizens 
in exchange for bribes from detainees' disgruntled business associates.
    The Constitution provides that an individual detained should be 
informed immediately, in a language that the detained person 
understands, of the reasons for the detention and of his or her right 
to a lawyer and an interpreter, at state expense. The Constitution 
requires judicial warrants for arrest and provides for arraignment 
within 48 hours. The Constitution requires that a detainee who has not 
been tried within a ``reasonable'' time be released either 
unconditionally or subject to conditions necessary to ensure that the 
person appear in court at a later date.
    In practice, while the incidence of abuse lessened, many abuses 
still occurred, including detention without charge for longer than 48 
hours, failure to obtain a warrant for arrest, and remand of prisoners 
into investigative custody for indefinite periods by renewing warrants 
or simply allowing them to lapse. On June 8, the Director of Operations 
for the Prisons Service stated that 1,270 remand prisoners whose 
warrants had expired were still in prison custody. In addition, at 
times persons were detained for trivial offenses or on unsubstantiated 
accusations. Authorities routinely failed to notify prisoners' families 
of their incarceration; such information often was obtained only by 
chance. The court has unlimited discretion to set bail, which may be 
prohibitively high. The court may refuse to release prisoners on bail 
and instead remand them without charge for an indefinite period, 
subject to weekly review by judicial authorities. Police also demanded 
money from suspects as a precondition for their release on bail.
    In November, seven active and retired military personnel were 
arrested for allegedly plotting a coup against the Kufuor Government. 
Although one person was found in possession of illegal weapons, the 
remaining six were released after being detained for longer than the 
lawful period of 48 hours.
    Security forces used checkpoints and mass arrests while searching 
for criminals (see Section 2.d.).
    Large numbers of long-term remand prisoners remained a serious 
problem. During inspections of prison facilities, the Director-General 
of Prisons met numerous remand prisoners who had been detained for up 
to 10 years without a trial. Some detainees served longer periods of 
time in remand cells than the allotted time for the crime committed. In 
May, the Kumasi Central Prison, which also housed many remand 
prisoners, reportedly threatened to release prisoners whose warrants 
had expired to prompt a response from the local authorities. Later that 
month, the Prisons Service and the Attorney General's office announced 
that all remand prisoners with expired warrants should have their cases 
referred to court for a speedy trial. The Prisons Service also 
recommended that the courts expedite the cases of, or else grant bail 
to, persons accused of minor offenses. As a result, two circuit courts 
on June 17 renewed the remand warrants of 23 prisoners, all of whom 
were facing armed robbery charges.
    On April 3, 34 persons, including several chiefs, were remanded 
into police custody for allegedly rioting, causing damage, stealing, 
and arson. Two juveniles among the group were remanded to a children's 
home. CHRAJ made a public complaint on April 18, saying that the police 
had violated the law in detaining the suspects for longer than 48 
hours. On April 26, 10 of the 34 suspects were released on bail and 
ordered to reappear before the court at a later date. There was no 
further update on the case at year's end.
    Judicial officials made a number of efforts to improve the 
efficiency of the courts, such as implementing a pilot alternate 
dispute resolution program (see Section 1.e.).

    e. Denial of Fair Public Trial.--The Constitution provides for an 
independent judiciary; however, the judiciary was subject to influence, 
and corruption remained a serious problem. The Government took steps 
during the year to address corruption.
    There were numerous allegations of corruption within the judicial 
system. On August 2, the Chief Justice said that some judges had not 
heard a single case or written a decision all year. A 2003 report 
adopted by the Parliamentary Select Committee on the Judiciary provided 
details on corruption in the judiciary, including accounts of 
extortion; misuse of remand, bail, and contempt of court charges for 
bribery; and acceptance of gifts or money in exchange for expedited or 
postponed cases, or losing records. The Committee recommended 
establishing and enforcing codes of conduct, transparent complaint 
procedures, and disciplinary mechanisms; however, none of these 
recommendations had been implemented by year's end. The Chief Justice 
continued his campaign to end corruption and increase transparency of 
the Service by fulfilling his promise when he took the position in 2003 
to create an annual report that accounted for the Service's activities 
and addressed grievances.
    A Complaints Unit of the Judicial Service continued to receive and 
investigate complaints of corruption, delays, and unfair treatment. 
According to the Annual Report of the Judicial Service, the Complaints 
Unit of the Judicial Service received 258 complaints and petitions 
between July 2003 and July. Of these, 63 cases were disposed of, 74 
came under investigation, and 121 were pending at the end of the period 
under review.
    There was no formal action taken in the 2003 judge bribing 
investigation, and the judge retired during the year.
    During the year, the accused submitted a series of appeals in the 
Supreme Court to drop the case. The trial of the former head of the 
Ghana National Petroleum Corporation on charges of causing financial 
loss to the state was ongoing at year's end.
    The Constitution provides for a Superior Court of Judicature, 
consisting of the High Court and Regional Tribunals, the High Court of 
Appeals, and the Supreme Court. Parliament may establish lower courts 
by decree. The Constitution allows the Government to nominate any 
number beyond a minimum of nine members to the Supreme Court, subject 
to parliamentary approval. The Chief Justice is empowered to impanel 
the justices of his choice to hear cases. These provisions, along with 
a lack of resources, limited the court's ability to balance the power 
of the executive branch and contributed to the perception that the 
judiciary occasionally was subject to executive influence.
    The Constitution establishes two basic levels of courts: Superior 
and lower. The superior courts include the Supreme Court, the Appeals 
Court, the High Court, and regional tribunals. Fast Track Courts, a 
division of the High Court of Judicature, are authorized to hear cases 
involving banks and investors, human rights, electoral petitions, 
government revenue, prerogative writs, defamation, specified commercial 
and industrial cases, and criminal cases that involve substantial 
public money or are a matter of extreme public importance. The majority 
of cases filed before the Fast Track Court were for banking and 
commercial matters, and human rights and defamation. These courts tried 
cases to conclusion within 6 months.
    Legal safeguards are based on British legal procedures. Defendants 
are presumed innocent, trials are public, and defendants have a right 
to be present, to be represented by an attorney (at public expense if 
necessary), and to cross-examine witnesses. In practice, authorities 
generally respected these safeguards.
    There were frequent reports that large numbers of prisoners were 
held in detention for extended periods, sometimes years, without going 
to trial (see Section 1.d.). In July, the Chief Justice inaugurated a 
National Center for Arbitrators. This center was established following 
the success of the government-sponsored alternate dispute resolution 
pilot (ADR) program in Accra and Tema, during which 185 cases were 
resolved in 2003.
    The Chieftancy Act gives village and other traditional chiefs power 
to mediate local matters and enforce customary tribal laws dealing with 
such matters as divorce, child custody, and property disputes. However, 
the authority of traditional rulers has steadily eroded and been vested 
in civil institutions, such as courts and district assemblies. In 
January, chiefs in Tema took part in a 3-day ADR training, and the 
training resulted in the recommendation that traditional councils 
should have their own constitutions, apart from the Chieftancy Act, to 
help institutionalize the role of local leaders in settling cases. The 
recommendation had not been implemented by year's end.
    There were no reports of political prisoners.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The Constitution prohibits such actions; however, in 
practice the Government infringed on privacy rights at times. Although 
the law requires judicial search warrants, police did not always obtain 
them in practice.
    Opposition party activists claimed the Government engaged in 
surveillance and harassment of those it perceived to be opposed to the 
ruling party.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The Constitution provides for 
freedom of speech and of the press, and the Government generally 
respected these rights in practice; however, the opposition parties 
occasionally complained that state-owned media outlets minimized media 
coverage of opposition politicians. The Government did not restrict 
academic freedom.
    There were 50 newspapers including 3 state-owned dailies, 2 state-
owned weeklies, and many privately owned newspapers. Two of the state-
owned dailies had national circulation. Most newspapers circulated only 
in regional capitals, and many of the smaller private newspapers were 
available only in Accra. The President did not appoint chief executives 
to the state-owned media, and the Government did not finance any 
newspaper.
    According to the National Communications Authority (NCA), the body 
responsible for allocating bandwidth and broadcast media licenses, 
Accra had 1 state-owned and 17 private FM radio stations, and there 
were approximately 11 state-owned and 100 private FM stations across 
the country. Most stations were independent and aired a wide range of 
viewpoints. There was one state-owned television station that broadcast 
nationwide; three semi-private television stations that broadcast in 
the Greater Accra, Eastern, and Ashanti regions; and three cable 
networks broadcasting in the Greater Accra Region, two of which also 
broadcast in Kumasi.
    The NCA is independent. In 2003, the President appointed a new 
chairman of the NCA. Previously, the Minister of Communications served 
as chairman, which media organizations saw as a conflict of interest. 
Complaints persisted regarding delays in obtaining bandwidth and 
licenses for broadcast media, particularly in Accra; however, the 
number of radio stations across the country increased significantly 
during the year. Complaints against the NCA were not restricted to the 
broadcast media. One telecommunications company filed for international 
arbitration during the year after several years of disagreement with 
the NCA over the allocation of spectrum for its wireless operations.
    Foreign media operated freely in the country, including the British 
Broadcasting Corporation, Radio France International, and Voice of 
America. Foreign periodicals were available in major cities and 
circulated freely even when they contained articles critical of the 
Government.
    The state-owned media reported extensively on charges of corruption 
or mismanagement by both current and past government and administrative 
officials. During the year, the state-owned media gave some coverage to 
opposition politicians and printed occasional editorials critical of 
government policies; however, direct criticism of the President was 
avoided. The opposition NDC claimed that government media denied it 
equal access and coverage on numerous occasions, and in practice the 
state-controlled media gave greater exposure to government officials.
    In October, the Northern Regional Security Council imposed a 
temporary ban prohibiting inflammatory political content on radio call-
in shows following a flare-up of violence in the region. However, the 
ban was not legally binding and was regarded by media outlets as a plea 
from local authorities to report on election-related news in a 
responsible manner. The ban was lifted prior to the elections. Although 
the media did not cease talk shows, they generally respected the 
occasional temporary bans imposed by local district governments.
    Some privately owned newspapers were harshly critical of the 
Government's policies and of President Kufuor, his ministers, and 
advisors. The Government at times alleged that some reporters and 
editors failed to abide by professional ethical guidelines. For 
example, in April, the President's brother sued a newspaper for libel 
and was awarded $4500 (400 million cedis). Several other libel cases 
were also filed during the year by key political figures. There were 
frequent calls for more discipline by the media from government 
officials, professional journalist organizations, and citizens, 
especially for restrictions on live radio call-in shows. Call-in shows 
were often portrayed as a possible source of political tension.
    The National Media Commission (NMC), a constitutionally mandated 
independent government body, is charged with maintaining journalistic 
standards, including the investigation, mediation, and settlement of 
complaints made against or by the media; however, it did not have 
legally binding authority to implement its recommendations. The NMC has 
published standards and guidelines, and voluntary use of its 
alternative dispute resolution offices continued to increase. 
Resolutions recommended by the NMC included retraction, apology, and 
the printing of rejoinders. During the year, the NMC received 24 cases, 
6 were withdrawn by the complainant after an apology or retraction, 4 
cases were resolved outside the jurisdiction of the NMC, 4 complainants 
had not yet communicated their response from the media to the 
commission, 3 cases were released through press statements, and 7 cases 
were awaiting judgments at the year's end.
    Unlike in the previous year, there were no reports that journalists 
were arrested during the year.
    The Government does not restrict access to the Internet. There were 
more than 10 operating Internet service providers (ISPs) in the country 
at year's end.

    b. Freedom of Peaceful Assembly and Association.--The Constitution 
provides for freedom of peaceful assembly; however, at times the 
Government restricted this right. The Government does not require 
permits for demonstrations; however, police can deny use of a 
particular route. There were no reports that the police arbitrarily 
canceled demonstrations. In July, during a forum held by the National 
Commission for Civic Education, a district police commander reminded 
the public in the Eastern Region that the law requires that all 
organizers of ``special events'' or ``processions'' inform the police 
of their intentions at least 5 days in advance so that the police can 
institute precautionary measures. The forum was held as part of a 
series to enable citizens to learn about their rights and 
responsibilities concerning public rallies. In March, photocopies of 
the Public Order Act were given to the three main political parties--
the NPP, NDC, and CPP--in an election-year effort to get political 
parties to inform their own supporters about the laws concerning public 
rallies.
    Political parties held national congresses and labor organizations 
held demonstrations without hindrance during the year. Unlike in the 
previous year, no political party rallies were postponed or cancelled 
at the request of police.
    The Government permitted peaceful demonstrations and rallies during 
the year. Unlike the previous year, police did not use force to 
disperse any demonstration.
    According to local press reports, in September, police and soldiers 
assaulted and beat supporters of the NPP in the Upper East region. They 
were driving to the regional capital to protest the party's national 
headquarters decision not to hold a local election to select a 
candidate for parliamentary elections. Police alleged that the 
protesters did not have permission to demonstrate in the capital.
    There were no developments in the 2002 cases in which security 
forces forcibly dispersed demonstrations.
    Periodically throughout the year, the Northern Regional Security 
Council imposed temporary bans on outdoor political activities 
following violent clashes between supporters of the two major political 
parties in Tamale. In each case, the bans were eventually lifted.
    On August 18, the ban on demonstrations in the Dagbon Traditional 
area due to a state of emergency was lifted (see Section 2.d.).
    There were verifiable reports from the north that political party 
thugs beat individuals during the election campaign season. In at least 
one of these cases, a nonpolitical rally was mistaken for a pro-NDC 
political gathering and NPP party thugs severely beat a rally 
participant. The northern office for the CHRAJ continued to investigate 
this case and other formal complaints at year's end.
    The ban on campus demonstrations remained in effect during the 
year; however, it has never been challenged nor enforced.
    The Constitution provides for freedom of association, and the 
Government generally respected this right in practice. Members of 
security forces are prohibited from joining political assemblies or 
groups within the security services, but they are allowed to 
participate outside police or military grounds.
    NGOs are required to register with the Registrar General's office 
and the Department of Social Welfare, but this registration was 
routine.
    The Electoral Commission (EC) accredits political parties. The 
parties must show evidence of a ``national character,'' such as 
official representation in all 10 of the country's regions. The EC 
evaluates whether the party showed evidence of a viable national 
support base before granting accreditation and may annul the 
registration of a party that failed to meet the criteria for being a 
viable party.

    c. Freedom of Religion.--The Constitution provides for freedom of 
religion, and the Government generally respected this right in 
practice.
    Religious institutions that wanted formal recognition were required 
to register with the Registrar General's Department; however, there 
were no reports that the Government denied registration to any group. 
Most traditional religions, with the exception of the Afrikania 
Mission, did not register.
    Although the law prohibits involuntary servitude, Trokosi, a form 
of religious servitude usually lasting no more than a few months, 
existed on a limited scale (see Section 5). Government agencies, like 
CHRAJ, have campaigned actively against Trokosi for years, and 
supporters of traditional African religions, such as the Afrikania 
Renaissance Mission, have stated that these activities constituted 
discrimination against indigenous religious beliefs.
    There were occasional reports of interreligious and intrareligious 
incidents, but no violent incidents based on religious affiliation 
occurred during the year.
    There were occasional and isolated anti-Semitic sentiments 
expressed in a bi-weekly independent newspaper, which had an annual 
circulation of about 48,000 and generally supports the opposition 
political party.
    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.
    Citizens and foreigners were free to move throughout the country. 
Security officers manned checkpoints nationwide to prevent smuggling, 
seize illegal weapons, and catch criminals, although many were unmanned 
during daylight hours. The Police Administration continued to erect 
security checkpoints and conducted highway patrols in response to an 
upsurge in highway robberies, and police roadblocks and car searches 
were a normal part of nighttime travel in larger cities. The police 
administration acknowledged that some officers occasionally erected 
illegal barriers to solicit bribes from motorists. The Regional Police 
Commanders monitored the activities of police personnel working at the 
checkpoints.
    The Constitution prohibits forced exile, and the Government did not 
employ it. The Government encouraged citizens, including dissidents 
living abroad, to return to the country. Some former Armed Forces 
Revolutionary Council and Provisional National Defense Council 
officials returned during the year to testify before the NRC (see 
Section 4).
    Traditional village authorities can punish rural women with 
banishment for being pregnant out of wedlock or for suspected 
witchcraft. The press reported that hundreds of women accused of 
witchcraft were sent to penal villages in the Northern Region by 
traditional authorities such as shamans (see Section 5). During the 
year, 46 women were sent to 7 witch camps in the north. After passing 
through customary rituals to `render them powerless' 11 were permitted 
to return home. In 2003, the CHRAJ estimated that there were 
approximately 1,090 persons living in 3 main witches camps in the area 
of Gambaga, Ngani, and Kukuo. Various organizations provided food, 
medical care, and other support to the residents of the camps. The 
CHRAJ and human rights NGOs had little success in their efforts to end 
this traditional practice.
    In August, the Government lifted a state of emergency in Yendi, in 
the Northern Region, which began in 2002 following intra-tribal 
violence.
    The law provides for the granting of refugee status or asylum to 
persons in accordance with the 1951 U.N. Convention Relating to the 
Status of Refugees or its 1967 Protocol, and the Government has 
established a refugee board to adjudicate claims for refugee status and 
ensure they receive all appropriate protections. 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 law also incorporates the 
broadened refugee definition under the African Union Convention 
Governing Specific Aspects of Refugee Problems in Africa. The 
Government cooperated with the U.N. High Commissioner for Refugees 
(UNHCR) and other humanitarian organizations in assisting refugees and 
asylum seekers. The country generally had a liberal policy of accepting 
refugees from other West African nations, although this did not extend 
to granting work permits or permanent residence. The Government also 
provided temporary protection to certain individuals who may not 
qualify as refugees under the 1951 U.N. Convention 1967 Protocol; there 
were no individuals granted temporary protection during the year.
    The political crisis in Cote d'Ivoire and Liberia led to an inflow 
of approximately 3,000 refugees during 2003. At year's end, the 
Government and the UNHCR confirmed that there were 48,144 total 
refugees and asylum seekers resident in the country, of whom 40,315 
were Liberian, 5,389 Togolese, and 2,440 from other nations.
    Although armed security forces continued to conduct periodic 
searches for armed rebels at the Buduburam Refugee Camp, U.N. officials 
stated that the Government acted responsibly and that the UNHCR had 
received no complaints about harassment or intimidation from camp 
residents 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, and citizens exercised this right through periodic, free, 
and fair elections held on the basis of universal suffrage. Despite a 
few incidents of intimidation and election irregularities, domestic and 
international observers judged the December national elections to be 
free and fair. However, there were reported problems in the 
presidential and parliamentary national voter registration exercise.
    The country continued its transition from a one-party state to a 
more established multiparty constitutional system. The political system 
includes recognized opposition parties, which express their views 
freely within Parliament and won a near majority of the parliamentary 
seats. All registered political parties operated freely within the 
country and held peaceful rallies in preparation for the December 
elections.
    The Electoral Commission, an independent body, created a new voter 
registration for the presidential and parliamentary elections held in 
December. This process required each citizen to register and possess a 
valid registration card to vote in the national elections. Although the 
registration process generally went according to plan, there were some 
problems, such as shortages of registration materials, defective 
materials, a failure to capture all eligible voters due to internal 
migration patterns during the registration period, and isolated 
incidents of violence between opposing party supporters.
    On December 7, Presidential and parliamentary elections were held 
nation-wide. John Agyekum Kufuor of the NPP was reelected with 52.45 
percent of the vote. Despite some irregularities, international 
observers reported the elections to be generally free and fair. There 
were reports of a shortage of ballot papers at some polls and minor 
problems with the voter register, such as misspelled names or photos 
not matching names. A police officer or other civilian security person 
was present at most polling stations across the country; however, there 
were no allegations of intimidation by the security officers at polling 
stations. In some areas of the country, military police and other 
security forces maintained a low profile at polling stations and 
appeared when serious problems occurred (see Section 1.a.). There was 
unrest in Bawku when someone in a crowd fired gunshots into the air, 
resulting in injury to a military soldier. In other isolated areas of 
the country, security forces stepped in to stem potentially violent 
clashes at polling stations. The NPP won 128 seats; the NDC 94; the CPP 
3; the PNC 4; and there was 1 independent candidate who won a seat.
    The Constitution calls for a system of checks and balances, with an 
executive branch headed by the President, a unicameral parliament, an 
independent judiciary, and several autonomous commissions, such as the 
CHRAJ. In practice, the system of checks and balances was limited by a 
system-wide lack of resources that affected all three branches. 
Parliament still sought effective oversight of the workings of the 
executive branch. Although all Members of Parliament (M.P.s) have the 
power to introduce bills, no one has ever done so; however, some M.P.s 
have introduced motions.
    Corruption in the executive and legislative branches continued to 
be a problem. In June, a 3-day workshop was held in Accra with 
participants from all over Africa to promote transparency in government 
procurement. At the workshop, the Minister of Finance stressed the need 
for procurement (which constitutes a significant portion of government 
spending) to be as transparent as possible. The Public Procurement Act 
promotes competition and transparency by publishing lists of 
competitive bidders for government contracts in public bulletins and 
daily newspapers.
    In a report on political party financing released in September, the 
CDD found that 42 percent of those surveyed felt that kickbacks were 
the strongest manifestation of political corruption, followed by 
political appointment and extortion.
    The opposition NDC continued to claim that the Government used 
anticorruption investigations to intimidate and harass its members. The 
Government continued to question former officials about allegations of 
corruption during the year, and some trials were ongoing (see Section 
1.e.).
    Opposition parties and some persons in private business, continued 
to allege that some government contracts were awarded on the basis of 
ruling party membership and that government officials pressured 
businesses to steer contracts toward favored companies and individuals.
    In the December elections, female candidates won 25 of 230 
parliamentary seats, and there were 13 female ministers and Council of 
State members out of 92.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    At least 20 domestic and international human rights NGOs generally 
operated without government restriction, investigating and publishing 
their findings on human rights cases. Government officials generally 
were responsive to their views. Prominent NGOs that operated in the 
country included the International Committee of the Red Cross (ICRC), 
Amnesty International, the International Federation of Woman Lawyers 
(FIDA), as well as local NGOs such as the African Center for Human 
Development and Ghanalert. In addition to cooperating with these NGOs, 
the Government cooperated with international humanitarian 
organizations, including the ICRC and the International Organization 
for Migration (IOM).
    The CHRAJ was charged with investigating alleged violations of 
human rights, including corruption of public officials, and taking 
action to remedy proven violations. The CHRAJ continued to hold 
workshops to educate the public, traditional leaders, police, and the 
military on human rights issues. It mediated and settled cases brought 
to it by individuals with grievances against government agencies or 
private companies. On average the CHRAJ received between 4,000 and 
5,000 new petitions per year, with steady increases each year. In July, 
the Acting Commissioner of CHRAJ stated that since its inception in 
1993, CHRAJ had received over 60,000 cases, and 75 percent of these had 
been resolved. He stated that the number of cases continued to increase 
during the year.
    The CHRAJ operated with no overt interference from the Government. 
Its biggest obstacle was a lack of adequate funding. Low salaries and 
poor working conditions resulted in the loss of many CHRAJ-trained 
personnel to other government agencies that were able to pay their 
employees more.
    In January 2003, the NRC, established to create a historical record 
of human rights abuses for the periods of ``unconstitutional 
government'' between 1957 and 1993 and to make recommendations for 
redress, began conducting public hearings. The Commission's 12-month 
mandate was extended by 6 months in 2003 to accommodate the volume of 
complaints and allow thorough investigation. The NRC closed the public 
hearings on July 13 and received a total of 4,311 petitions. The NRC 
heard 2,129 cases that fell within the commission's mandate, including 
ill treatment, detention, torture, seizure of property, unlawful 
killing, abductions, disappearance, and others. The NRC submitted its 
final report to the Government on October 12; however, by year's end, 
the report had not been made public, nor had the Government issued a 
formal response.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The Constitution prohibits discrimination on the basis of race, 
sex, disability, language, or social status; however, enforcement by 
authorities was generally inadequate, in part due to limited financial 
resources. The courts were empowered to specifically order enforcement 
of these prohibitions.

    Women.--Violence against women, including rape and domestic 
violence, remained a significant problem. According to FIDA, one in 
three women experienced domestic violence, and most abuses went 
unreported and seldom came before the courts. The Women and Juvenile 
Unit (WAJU) of the police service was established specifically to 
handle cases of domestic violence, child abuse, and juvenile offenses 
as well as researching patterns and types of crimes against women and 
children. During the year, 11,984 cases were reported to WAJU. The 
majority of these were cases of child neglect (7,421) and assault 
(2,059), most frequently in the form of domestic violence. Of these 
cases, there were 181 rape cases reported during the year. The Director 
of WAJU stated the increase in reported cases was due to an increase in 
victim rights awareness programs. The media also increasingly reported 
cases of assault and rape. WAJU worked closely with the Department of 
Social Welfare, FIDA, the Legal Aid Board, and several human rights 
NGOs.
    Unless specifically called upon by the WAJU, police tended not to 
intervene in domestic disputes. Prosecution of domestic violence cases 
remained still difficult. On average, of the cases prosecuted, 
approximately one-quarter received convictions. Many victims did not 
have access to appropriate medical assistance to record the abuse, 
which hampered prosecution efforts. During the year, WAJU, 
international donors and NGOs collaborated to operate a medical trust 
fund for victims of domestic violence. A domestic violence bill was 
pending at year's end.
    The Criminal Code bans the practice of customary servitude, makes 
the age of criminal responsibility 12 years, criminalizes indecent 
assault and forced marriages, and imposes punishments for defilement, 
incest, and prostitution involving children.
    A strong belief in witchcraft continued in many parts of the 
country. Most accused witches were older women, often widows, who were 
identified by fellow villagers as the cause of difficulties, such as 
illness, crop failure, or financial misfortune. Many of these women 
were banished by traditional village authorities or their families and 
went to live in ``witchcamps,'' villages in the north populated by 
suspected witches (see Section 1.d.). The women did not face formal 
legal sanction if they returned home; however, most feared that they 
could be beaten or lynched if they returned to their villages. The law 
provides protection to alleged witches, and the WAJU continued to 
prosecute violence and societal abuses related to allegations of 
witchcraft.
    There were several cases of lynching and assault of accused witches 
during the year. For example, on August 24, a 35-year-old man was 
prosecuted and sentenced to death by a fast-track high court for 
murdering his wife on the suspicion that she was a witch.
    The case against four men accused of beating a women to death on 
suspicion of witchcraft in July 2003 remained pending at year's end.
    There were several traditional discriminatory practices that were 
injurious to the health and development of young girls. In particular 
FGM was a serious problem. According to a recent study conducted by the 
Ministry of Health, the prevalence rate among women ages 12 to 19 in 
the north was approximately 14 to 15 percent. Although the study did 
not include some females who had not yet reached the typical 
circumcision age of 15, the prevalence rate indicated a steep drop from 
the previous study. Often it was performed on girls under the age of 
15. Research conducted by the Ministry of Health in the northern 
regions indicated that intervention programs have been somewhat 
successful in reducing the prevalence. Some observers believed that in 
the Northern Region, there was a 15 percent FGM prevalence rate, while 
others believed that education on the illegality of FGM has driven the 
practice underground and the real rate was as high as 30 percent. 
Officials at all levels, including traditional chiefs, have spoken 
against the practice, and local NGOs continued their educational 
campaigns to encourage abandonment of FGM and to retrain practitioners. 
In some cases in which FGM was performed, the victims actively sought 
out practitioners, sometimes without their parents' knowledge, to 
become ready for marriage. One NGO in the Northern Region reported that 
mothers frequently failed to return to the hospitals where they 
delivered their babies for immunizations and to attend postnatal 
clinics, allegedly because they did not want the hospitals to discover 
that they were engaging in FGM.
    The law prohibits FGM; however, members of the legal community 
advocated for legislation to close loopholes in the law and extend 
culpability to those who aid in carrying out FGM and to citizens who 
commit the crime outside the country's borders. In January, a 70-year-
old woman in the Upper East was imprisoned for 5 years for circumcising 
seven girls who needed medical attention after the practice.
    There were no laws that specifically protect women from sexual 
harassment; however, some sexual harassment cases were prosecuted under 
the existing Criminal Code. Women's advocacy groups reported that 
sexual harassment was a problem.
    There is a Ministry of Women and Children's Affairs to address 
gender and children's issues; however, women continued to experience 
societal discrimination. Women in urban centers and those with skills 
and training encountered little overt bias, but resistance to women 
entering nontraditional fields persisted. Women, especially in rural 
areas, remained subject to burdensome labor conditions and traditional 
male dominance. Traditional practices and social norms often denied 
women their statutory entitlements to inheritances and property, a 
legally registered marriage (and with it, certain legal rights), and 
the maintenance and custody of children.
    Women's rights groups were active in educational campaigns and in 
programs to provide vocational training, legal aid, and other support 
to women. The Government was active in educational programs, and many 
officials were active, outspoken advocates of women's rights.

    Children.--Within the limits of its resources, the Government was 
committed to protecting the rights and welfare of children. In 2003, 
the Government finalized the design of its long-term development plan--
the Education Sector Plan (ESP) 2003-2015. The ESP establishes an 
operational framework and indicates the Government's long-term 
commitment to achieving universal primary education. The Government was 
in the process of implementing this plan at year's end.
    Education is compulsory through primary and junior secondary school 
(the equivalent of grades 1 through 9); however, education is not free. 
In practice, District Assemblies imposed levies of up to $50 (455,000 
cedis) per term, despite government regulations that these charges 
should not be more than $10 (91,000 cedis). Parents are required to 
purchase uniforms and books, as well as extra items listed in schools' 
prospectuses. In addition, teachers often imposed extra classes for an 
additional fee to supplement their incomes. During the year, the 
Minister of Education directed all levies above $10 (91,000 cedis) to 
be refunded and required bills of secondary schools to be vetted by 
District Directors of Education before being sent to parents. The 
Minister continued to advocate the refund policy; however, it was not 
implemented, and no refunds were made during the year. The Government 
abolished the payment of any type of charges in 40 deprived districts 
as part of its overall goal of making education accessible to all 
children by 2015.
    In 2003, the gross enrollment rate was 81.3 percent at the primary 
level with 84.6 percent of boys enrolled compared with 78 percent 
girls. Enrollment was lower in the northern three regions than in the 
rest of the country (69.6 percent). At the Junior Secondary School 
(JSS) level, 67.1 percent of eligible children were enrolled, with 71.7 
percent of eligible boys and 62.4 percent of eligible girls enrolled.
    The Government strongly supported the U.N.'s Education for All 
goals. During the year, the Ghana Education Service (GES) actively 
campaigned for expanded education of girls by providing scholarships at 
the JSS and Senior Secondary School levels and providing incentives for 
female teachers to teach in rural areas. For example, the GES placed 
Girls Education Officers at the regional and district levels. There 
were Community Participation Coordinators in every district office, 
which mobilized communities to increase girls' school enrollments. In 
terms of in-school programs, the Government established Science and 
Math Clinics at the JSS level to encourage more girls to pursue careers 
in science and technology.
    These efforts have been accompanied by increased government support 
of ``informal'' schools, which target children that must work to help 
support their families. The Government also increased educational 
opportunities for students with disabilities by increasing grants to 
primary schools serving these students during the year. Some children 
were unable to attend school because they worked to supplement their 
family's income (see Section 6.d.), they had to travel long distances 
to reach the school, or there was a lack of teachers, especially in 
more rural areas. In addition, authorities did not enforce children's 
attendance at school regularly, and parents rarely, if ever, were 
sanctioned for keeping their children out of school.
    GSE formed a committee for the Quality Improvement in Primary 
Schools program to implement quality education in basic schools. 
According to an International Labor Organization (ILO) representative, 
1,789 teachers and circuit supervisors benefited from in-service 
training through this program. The program also provided training in 
basic management skills for staff in all 86 districts in the southern 
part of the country.
    There were frequent reports that male teachers sexually assaulted 
their female students. The girls often were reluctant to report the 
attacks to their parents, and social pressure often prevented parents 
from going to authorities. A 2003 survey reported that 27 percent of 
school girls interviewed stated their teacher had pressured them for 
sex, 25 percent stated they knew at least one teacher having an affair 
with a school girl, and 79 percent stated they were sexually harassed 
by male classmates. Reliable data for the entire country was 
unavailable, so the overall scale of this problem was unknown. There 
were several press reports of teachers and headmasters/headmistresses 
either arrested for sexual harassment of female students or dismissed 
for ignoring reported problems.
    WAJU and regular police units increasingly investigated and 
prosecuted sexual abuse of minors, and press reports of court cases 
ending in lengthy prison sentences became routine. Teachers also played 
a significant role in reporting cases of abuse to the authorities. For 
example, schoolteachers reported to WAJU two cases of forced marriages 
during the year. According to WAJU, there was an increase during the 
year of teachers referring girls and families to WAJU for help.
    ``Defilement,'' or sexual abuse against minors, remained a problem. 
WAJU announced in June that between 1999 and May, there were 1,756 
cases reported in which men victimized children between the ages of 2 
and 15. WAJU also reported that, during the same period, 397 girls over 
the age of 16 had reported cases of rape and 44 incestuous 
relationships were reported.
    WAJU reported that during the year, there were 63 cases of exposing 
a child to harm and 7,421 cases of child neglect. At year's end, WAJU 
reported a total of 734 cases of defilement that were reported during 
the year.
    In April, a farmer in the Ashanti Region was sentenced to 12 years 
in jail for sexually abusing a 3-year-old girl in 2003. In June, a 
district court remanded a 22-year-old man into custody for sexually 
abusing a 13-year-old girl with disabilities. In July, a 24-year-old 
man was remanded into custody for sexually abusing a 7-year-old girl in 
the Central Region.
    Trokosi is a religious practice involving a period of servitude 
among the ethnic Ewe group in the Southern Volta Region. A virgin girl, 
sometimes under the age of 10, but often in her teens, is given by her 
family to work and be trained in traditional religion at a fetish 
shrine for a period lasting between several weeks and 3 years to atone 
for an allegedly heinous crime committed by a family member. In 
exceptional cases, when a girl of suitable age or status is 
unavailable, a boy can be offered. The girl, who is known as a Trokosi 
or a Fiashidi, becomes the property of the shrine god and the charge of 
the shrine priest for the duration of her stay. While instances of 
sexual abuse may occur on a case-by-case basis, there was no evidence 
that sexual or physical abuse was an ingrained or systematic part of 
the practice. The practice explicitly forbids a Trokosi or Fiashidi to 
engage in sexual activity or contact during her atonement period. After 
she completed her service to the shrine, the girl's family must provide 
material items such as drinks, cloth, money, or livestock to the shrine 
for a final release ritual. After the release ritual, the girl returns 
to her family. In the vast majority of cases, there is no particular 
stigma attaching to her status as a former Trokosi shrine participant. 
Generally the women continued to voluntarily associate themselves with 
the shrine, often when a Trokosi woman dies, years if not decades after 
she has completed her service, her family was expected to replace her 
with another young girl, continuing the association of the family to 
the shrine from generation to generation. In very rare cases, the 
family abandons the girl or cannot afford the cost of the final rites, 
in which case she may remain at the shrine indefinitely. She also may 
leave the shrine and return to her village; however, her family's 
reputation with the shrine, and possibly with the community, may be 
tarnished. Reports on the number of women and girls bound to Trokosi 
shrines vary; however, shrines rarely have more than four girls serving 
their atonements at any one time. According to credible reports from 
international observers, there were no more than 100 girls serving at 
Trokosi shrines throughout the Volta Region at year's end.
    Comprehensive legislation protects women's and children's rights 
and includes a ban on ritual servitude, which many activists 
interpreted to include Trokosi. According to human rights groups, the 
practice has decreased in recent years because other belief systems 
have gained followers, and fetish priests who died have not been 
replaced. Adherents of Trokosi describe it as a practice based on 
traditional African religious beliefs; however, the Government does not 
recognize it as a religion.
    Forced childhood marriage, which is illegal, remained a problem. In 
August, the Acting Commissioner for CHRAJ declared forced marriage as 
the major human rights abuse issue in the Northern Region. In June, a 
16-year-old girl committed suicide to protest an abusive marriage she 
had been forced into. In September, a chief in the Ashanti Region was 
arrested and remanded for allegedly defiling a 14-year-old girl. The 
investigation continued at year's end.
    There were no further developments in the attempt of Ghana National 
Commission on Children (GNCC) and the CHRAJ to effect the prosecution 
of a chief who married a 14-year-old and impregnated her.
    There were no updates in the investigations into the 2002 case of a 
15-year-old girl forced to marry a 60-year-old man and the 2002 
kidnapping of a 5-year-old girl for ritual purposes.
    FGM was performed primarily on girls (see Section 5, Women).
    Child prostitution, although illegal, also existed. The ILO 
International Program to Eliminate Child Labor (ILO/IPEC) organized 
workshops throughout the year to create awareness of increasing child 
prostitution in the tourism industry and create a strategy to combat 
the problem.
    There were reports that trafficking in children occurred, for 
forced labor or sexual exploitation including children being sold into 
various forms of involuntary servitude (see Section 5, Trafficking).
    Child labor was a serious problem (see Section 6.d.).
    The migration of children from rural to urban areas increased, due 
to economic hardship. Children were driven to the streets to fend for 
themselves, increasing both the occurrence of child labor and the 
school dropout rate (see Section 6.d.). In 2003, the Ghana Statistical 
Service and ILO/IPEC surveyed 2,314 street children throughout the 
country, most of whom lived in the urban areas of the Greater Accra and 
Ashanti Regions and had migrated from northern rural areas. Of those 
surveyed, 45.7 percent had never attended school, 98.1 percent were 
engaged in economic activity within the last 12 months, and 80 percent 
said the work was demanding. Over three-quarters of street children 
surveyed said that both parents were alive, indicating poverty was the 
main cause of the problem.
    The GNCC, a policymaking and coordinating body established to 
improve the lives of children, administered training programs for law 
enforcement and judicial officials to familiarize them with the 
Children's Act and other pertinent child labor legislation.
    Local and international NGOs worked in conjunction with the 
Government to promote children's rights and were somewhat successful in 
sensitizing communities to protecting the welfare of children.

    Trafficking in Persons.--No laws specifically addressed trafficking 
in persons, and trafficking in persons was a problem. The Government 
can prosecute traffickers under laws against slavery, prostitution, 
abduction, and underage labor. However, these laws do not adequately 
provide for victim assistance and rehabilitation, nor do they 
specifically penalize trafficking. The country was a source and a 
destination country for trafficked persons. WAJU reported that there 
were 190 cases of abduction and 19 cases of child stealing during the 
year.
    Law enforcement authorities were not given sufficient resources to 
deal with the problem and had a difficult time identifying persons who 
were being trafficked because of the fluid nature of family relations 
in the country. For example, children were often trafficked into the 
custody of someone referred to as a ``cousin'' or an ``aunt'' even if 
there was no blood relation. The Government, the ILO, and NGOs trained 
security forces, immigration authorities, customs and border officials, 
and police on the problems of trafficking.
    Police officials claimed that the lack of legislation criminalizing 
trafficking hampered their efforts. The trial of a woman arrested in 
the Upper East Region in 2001 for trafficking eight boys and three 
girls to the Gambia was ongoing at year's end. The case of traffickers 
intercepted in 2002 with 50 children was pending in court at year's 
end.
    In April, 12 girls who had been trafficked to the Gambia for 
prostitution were repatriated under the custody of the Department of 
Social Welfare.
    Various ministries worked with the ILO/IPEC, the IOM, and NGOs to 
address trafficking. The Ministry of Manpower Development and 
Employment, in conjunction with ILO/IPEC, continued to implement a 
National Plan of Action for the Elimination of Child Labor (see Section 
6.d.). The IOM, the African Center for Human Development, and the 
Ministry of Women and Children's Affairs worked to identify and 
repatriate children trafficked to fishing villages.
    Trafficking was both internal and international, with the majority 
of trafficking in the country involving children from impoverished 
rural backgrounds. The most common forms of internal trafficking 
involved boys from the Northern Region going to work in the fishing 
communities along the Volta Lake or in small mines in the west, and 
girls from the north and east going to Accra and Kumasi to work as 
domestic helpers, porters, and assistants to local traders (see Section 
6.d.). Local NGOs reported these children were subjected to dangerous 
working conditions and sometimes were injured or killed as a result of 
the labor they performed.
    Children between the ages of 7 and 17 also were trafficked to and 
from the neighboring countries of Cote d'Ivoire, Togo, and Nigeria to 
work as farm workers, laborers, or household help.
    Much of the recruitment of children was done with the consent of 
the parents, who sometimes were given an advance payment or promised 
regular stipends from the recruiter and were told the children would 
receive food, shelter, and often some sort of training or education. 
Some parents sent their children to work for extended family members in 
urban areas. Treatment of children sent to work in relatives' homes 
varied. Many children were given to professional recruiters, usually 
women, who placed the children with employers in cities. A child in 
these circumstances usually was paid between $2.20 and $3.30 (20,000 
and 30,000 cedis) per month. In many cases, the children never received 
the education or vocational training the recruiters promised. Girls 
could be forced into prostitution and were sometimes sexually abused by 
their employers.
    Women also were trafficked to Western Europe, mostly Italy, 
Germany, and the Netherlands. International traffickers promised the 
women jobs; however, the women often were forced into prostitution once 
they reached their destination. The women were sent sometimes directly 
to Europe, while others were trafficked through other countries. Some 
young women were trafficked to the Middle East, particularly Lebanon, 
where they worked in menial jobs or as domestic help. There also was a 
growing trade in Nigerian women transiting through the country on their 
way to Western Europe and reportedly the Middle East to work in the sex 
industry. Traffickers from other countries reportedly used Accra as a 
transit point to Europe and reportedly the Middle East. Reportedly, 
there was some trafficking in persons from Burkina Faso, mostly 
transiting through the country on the way to Cote d'Ivoire.
    The Government coordinated anti-trafficking efforts with NGOs and 
called meetings of its Human Trafficking Task Force occasionally during 
the year to discuss draft antitrafficking legislation; however, an ILO/
IPEC Steering Committee, which included many government officials, 
provided the major focus for antitrafficking activities (see Section 
6.d.).
    Several NGOs, both local and international, worked with trafficking 
victims. These organizations, as well as the University of Ghana's 
Center for Social Policy Studies, conducted studies into trafficking as 
part of their broader agenda, performed some rescue operations for 
street kids, provided training and education for victims of trafficking 
and abuse, and in some cases, assisted with family reunification. An 
antitrafficking in persons bill was pending at year's end.

    Persons With Disabilities.--The Constitution specifically provides 
for the rights of persons with disabilities, including protection 
against exploitation and discrimination. While the Government did not 
systematically or overtly discriminate against persons with 
disabilities, in practice, such persons often experienced societal 
discrimination. The Constitution also provides persons with 
disabilities access to public buildings ``as far as practicable;'' 
however, in practice this provision was not implemented. In 2003, the 
Department of Social Welfare officials estimated that 10 percent of the 
population had some form physical disability.
    In June, the Interim Chairman of the Ghana Union of Physically 
Disabled Workers accused the GES of not paying workers with 
disabilities their entitled disability allowance. In 1999, the 
Government established a policy whereby blind and wheelchair-bound 
persons would receive a disability allowance. According to the Ghana 
Union of Physically Disabled Workers, approximately 60 persons of 
persons with disabilities were denied this allowance and the main 
offender was the GES.
    There were multiple government agencies involved in addressing 
discrimination against persons with disabilities, including the 
Ministry of Health, the Department of Social Welfare, and the Ministry 
of Education.
    With international donor funding, the Ghana Association for the 
Blind and the Electoral Commission provided tactile ballots and poll 
worker training to enable visually impaired citizens to vote in 
presidential and parliamentary elections in December.
    A man with disabilities in the Brong Ahafo Region was reelected to 
Parliament in the December national elections.
    During the year, the Mental Health Law was under review for the 
first time in 32 years. The Ministry of Health and the World Health 
Organization collaborated to identify areas of the law that need 
revision and create a strategy for implementing a new law.

    National/Racial/Ethnic Minorities.--Although the Government played 
down the importance of ethnic differences, its opponents have 
complained that the Government is dominated by Ashantis and other Akans 
at the expense of Ewes and northerners. The President and some of his 
ministers and close advisors were Ashanti, but the Vice President and 
many ministers were of other ethnic origins.
    Following the December national elections, there were reports of 
some ethnically motivated taunting in the Central Region. Some NDC 
supporters allegedly harassed Fantes (an ethnic group prominent in the 
region) for not voting for the NDC's candidate, who came from the 
Central Region and was himself a Fante.
    Efforts by NGOs to encourage reconciliation continued during the 
year; however, there were several violent confrontations within ethnic 
groups related to chieftancy issues, particularly involving succession 
and land. The trial of four persons charged with rioting, conspiracy, 
attempted murder, and murder from an August 2003 clash in Brekusu, 
Eastern Region, was ongoing at year's end.
    The state of emergency that was enforced following the 2002 clashes 
between rival factors of royal families in Yendi, Northern Region, was 
lifted on August 18. A three-person team of traditional leaders, 
appointed by the President, and several local NGOs, continued to 
conduct various peace-building and reconciliation activities between 
the factions, which led to progress in reducing tensions.

    Other Societal Abuses and Discrimination.--The law is 
discriminatory toward homosexuals, and homosexuality is criminalized in 
the country. There is a minimum misdemeanor charge for homosexual 
activity, and homosexual men often are subjected to abuse in prison. In 
May, the Acting Commissioner for CHRAJ publicly suggested that the 
Government consider decriminalizing homosexuality to conform to 
international standards of human rights. Homosexuality was socially 
taboo in the country, and many persons continued to erroneously link 
the prevalence of HIV/AIDS only with a homosexual orientation.
    Discrimination against persons living with HIV/AIDS was a problem, 
and the fear of being stigmatized continued to discourage persons from 
being tested. In April, the Inspector General of Police publicly urged 
all police officers to be tested voluntarily through a free service 
available to the police. During the year, several key government 
representatives publicly denounced discrimination against persons 
living with HIV/AIDS. The Cabinet approved a policy to protect persons 
living with HIV/AIDS.
Section 6. Worker Rights
    a. The Right of Association.--The Constitution provides for freedom 
of association, and workers exercised this right in practice. The 
percentage of workers belonging to unions appeared to be decreasing as 
more of the workforce entered the informal sector where there was no 
union activity. The Ministry of Employment and Manpower Development 
estimated that 80 percent of the work force was employed in the 
informal sector, and the number was expected to increase.
    In the past, all unions had to be affiliated with the Trade Union 
Congress (TUC). Under the 2003 labor law, unions, may operate 
independently of the TUC, and several groups have established 
independent unions.

    b. The Right to Organize and Bargain Collectively.--The law 
protects workers from employer interference and their right to organize 
and administer their unions and workers exercised this right in 
practice. The law also provides a framework for collective bargaining, 
and trade unions engaged in collective bargaining for wages and 
benefits for both private and state-owned enterprises without 
government interference. However, the Government, labor, and employers 
negotiated together to set the daily minimum wage through a National 
Tripartite Committee. The labor law, enacted in late 2003, gives the 
Committee a formal role to determine and set the national daily wage, 
consult on matters of social and economic importance, and advise on 
employment and labor market issues.
    The 2003 legislation repealed a law restricting the right to 
bargain collectively to only those groups that apply for a Collective 
Bargaining Certificate through the TUC, essentially giving the TUC a 
monopoly and breaching the right to establish and choose organizations. 
The 2003 law allows any trade union to apply for a Collective 
Bargaining Certificate through the Chief Labor Officer; however, the 
Chief Labor Officer grants a Collective Bargaining Certificate only to 
the union that represents the majority of workers at a given company.
    The law recognizes the right to strike; however, the 2003 labor law 
restricts that right for workers who provide essential services. The 
Minister of Manpower Development and Employment had not formally 
designated the list of essential services by the year's end. The right 
to strike can also be restricted for workers in private enterprise 
whose services were deemed essential to the survival of the enterprise 
by a union and an employer. A union may call a legal strike if parties 
fail to agree to refer the dispute to voluntary arbitration or if the 
dispute remains unresolved at the end of arbitration proceedings. No 
union has ever gone through the complete dispute resolution process, 
and there were numerous unsanctioned strike actions during the year. 
There have been no legal strikes since independence.
    There is legislation authorizing export processing zones (EPZs), 
and a few EPZs are in operation. Existing labor law applies in any EPZ, 
including the right to organize.

    c. Prohibition of Forced or Compulsory Labor.--The Constitution 
prohibits forced or compulsory labor, including by children; however, 
there were reports that such practices occurred (see Sections 5 and 
6.d.).
    The 2003 labor law provides for fines to employers found guilty of 
forced labor; however, by year's end, the law had not been used. During 
the year, the ILO continued to urge the Government to revise various 
legal provisions that permitted imprisonment with an obligation to 
perform labor for offenses that were not allowed under ILO Convention 
105.

    d. Prohibition of Child Labor and Minimum Age for Employment.--The 
law sets a minimum employment age of 15 years and prohibits night work 
and certain types of hazardous labor for those under 18 years of age; 
however, child labor was a serious problem in the informal sector. The 
Children's Act establishes a minimum age for employment, prohibits 
night work and hazardous labor, and provides for fines and imprisonment 
for violators. In addition, the legislation allows for children age 15 
years and above to have an apprenticeship whereby the craftsmen and 
employers have the obligation to provide a safe and healthy work 
environment along with training and tools. However, child labor laws 
were not enforced effectively or consistently, and law enforcement 
officials, including judges, police, and labor officials, often were 
unfamiliar with the provisions of the law protecting children. 
Observance of minimum age laws was eroded by local custom and economic 
circumstances that encouraged children to work to help support their 
families.
    An ILO/IPEC-Ghana Statistical Service survey of child labor 
released in 2003 found that 2.47 million children were engaged in some 
economic activity, and 64.3 percent of those children attended school. 
Of those children engaged in economic activity, 1.27 million children 
were found to be engaged in child labor as defined by age and hazardous 
working conditions. Children as young as 7 years worked as domestic 
laborers, porters, hawkers, miners, quarry workers, fare collectors, 
and in agriculture. The fishing industry on Lake Volta had a 
particularly high number of child laborers engaged in potentially 
hazardous work, such as deep diving. According to an ILO 
representative, child labor in the tourism industry also increased. 
Child laborers were poorly paid and subjected to physical abuse; they 
received little or no health care and generally did not attend school. 
According to government labor officials and the Ghana Employers 
Association, child labor problems did not exist in the formal labor 
sector because the formal sector was better regulated.
    The law prohibits forced and compulsory labor performed by 
children; however, during the year, children were reportedly sold, 
leased, or given away by parents to work in agriculture, fishing 
villages, quarry mines, shops, or homes. It was difficult to determine 
the extent to which forced and bonded labor by children was practiced. 
Some children were connected to Trokosi shrines, although the practice 
has declined in recent years (see Sections 5).
    There were newspaper reports of children being sold into various 
forms of involuntary servitude for either sexual exploitation or labor, 
such as 10- to 12-year-old boys working for fisherman in exchange for a 
yearly remittance to their families. The practice often involved the 
consent of their generally impoverished parents. Reliable data was not 
available on the number of children who were working in fishing 
villages along Lake Volta; nevertheless, NGOs who worked on this issue 
estimated the number to be well into the thousands (see Section 5).
    Inspectors from the Ministry of Labor and Social Welfare are 
responsible for enforcement of child labor regulations, and district 
labor officers and the Social Services sub-committees of District 
Assemblies are charged with seeing that the relevant provisions of the 
law are observed. They visited each workplace annually and made spot 
checks whenever they received allegations of violations. All law 
enforcement and judicial authorities in the country were hampered by 
severe resource constraints and a lack of public awareness about the 
problem.
    When Ministry of Manpower Development and Employment inspectors 
found infractions of child labor laws during their routine monitoring 
of companies' labor practices, they generally informed the employers 
about the provisions of the law and asked them to make changes. There 
were no prosecutions for child labor resulting from these inspections. 
Officials only occasionally punished violators of regulations that 
prohibited heavy labor and night work for children. In addition, the 
inspectors' efforts were concentrated only in the formal sector, which 
was not where most child labor was performed.
    ILO/IPEC, government representatives, the TUC, the media, 
international organizations, and NGOs continued to build upon the 2001-
02 ``National Plan of Action for the Elimination of Child Labor in 
Ghana,'' by increasing institutional capacity to combat child labor. 
Education and sensitization workshops were conducted with police, labor 
inspectors, local governments, and communities. Forums were held 
throughout the country to develop and implement an ILO/IPEC Time-Bound 
Program, which aimed to eliminate all forms of child labor under 
specified time periods and benchmarks.

    e. Acceptable Conditions of Work.--A National Tripartite Commission 
composed of representatives of the Government, labor, and employers set 
daily minimum wages. In April, after lobbying by trade unions, the 
Tripartite Commission raised the daily minimum wage to $1.20 (11,200 
cedis), which did not provide a decent standard of living for a worker 
and family. Furthermore, there was widespread violation of the minimum 
wage law. In most cases, households had multiple wage earners, and 
family members engaged in some family farming or other family-based 
commercial activities.
    The law sets the maximum workweek at 40 hours, with one break of at 
least 48 consecutive hours every 7 days. The Government compensated 
extra duty hours only for overtime actually worked, in accordance with 
labor equity, rather than as an automatic salary supplement.
    Occupational safety and health regulations exist, and the Labor 
Department of the Ministry of Health and Social Welfare occasionally 
imposed sanctions on violators. However, safety inspectors were few and 
poorly trained. They took action if matters were called to their 
attention but lacked the resources to seek out violations. Workers have 
the right to withdraw themselves from dangerous work situations without 
jeopardy to continued employment, although they rarely exercised this 
right.

                               __________

                                 GUINEA

    Guinea is a constitutional republic in which effective power is 
concentrated in a strong presidency. President Lansana Conte has ruled 
since 1984, first as head of a military junta and, since 1994, as a 
civilian president. Despite openly acknowledged health problems, the 
President ran for re-election in December 2003, winning against a 
candidate who was virtually unknown. All major opposition parties 
boycotted the election due to questions over the fairness of the 
electoral system. The election was peaceful although turnout was lower 
than previous presidential elections, despite government claims of a 
high participation rate. The country's second legislative election, 
originally scheduled for 1999, was held in 2002. President Conte's 
Party of Unity and Progress (PUP) and associated parties won 91 of the 
114 seats; the majority of the opposition boycotted the election. An 
increasingly disproportionate number of appointed public sector 
positions, including senior military and cabinet posts, were held by 
members of the President's own minority ethnic Soussou group, even 
after a major post-election cabinet shuffle in February. The judiciary 
was subject to executive influence, particularly in politically 
sensitive cases.
    The Gendarmerie, a part of the Ministry of Defense, and the 
national police, under the Ministry of Security, share responsibility 
for internal security and sometimes played an oppressive role in the 
daily lives of citizens. The Presidential Guard, or Red Berets, are 
accountable to virtually no one except the President. There was no 
effective civilian control of the security forces. Some members 
committed serious human rights abuses.
    The country's economy is largely market-based, although the 
Government intervenes to control prices of sensitive commodities such 
as rice and fuel. Approximately 85 percent of the country's population 
of 9.2 million was engaged in subsistence agriculture. Economic growth 
stagnated during the year as foreign aid declined. The cost of living, 
including the rising price of staple foods and of transportation fuels 
as well as frequent and severe power blackouts and water shortages has 
led to increased hardship for a majority of citizens. Wages have not 
kept pace with the rising inflation rate; food prices have risen by 30 
percent. The Government, which had enforced a fuel price cap, raised 
fuel prices by 66 percent in August. Government collaboration with 
donors was jeopardized by an increasing debt burden, deficit, 
widespread corruption, particularly at the port and customs offices; 
and limited transparency in the Government, which blocked efforts at 
economic and fiscal reform.
    The Government's human rights record remained poor; although there 
were improvements in several areas, serious problems remained. The 
Government's tight control of the electoral process, its refusal to 
create an independent electoral oversight mechanism, and its 
prohibition of nongovernmental broadcast media effectively restricted 
citizens' right to change their government. There were four unlawful 
killings by security forces during the year. Civilian and military 
security forces beat and otherwise abused civilians, often with 
impunity. Prison conditions were inhumane and life threatening. 
Arbitrary arrest and prolonged pretrial detention were problems. The 
Government infringed on citizens' privacy rights. The Government 
restricted freedom of speech, the press, assembly, and association and 
infringed on freedom of movement. Violence and societal discrimination 
against women, prostitution of young girls, female genital mutilation 
(FGM), ethnic discrimination, child labor, and reports of trafficking 
of women and children 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 
political killings by the Government or its agents; however, security 
forces killed several persons during the year, and there were reports 
of deaths in custody due to torture, abuse, and neglect. There were 
four confirmed reports that security forces killed persons during the 
year.
    In February, security forces beat to death a man detained for 
burglary.
    In May, policemen shot and killed two taxi drivers. One victim 
refused to pull over for a routine traffic check; the other overtook 
and passed a policeman in traffic. No charges were filed against these 
policemen.
    In October, the Anti-Gang Brigade shot and killed a man who 
verbally objected to his neighbor's arrest.
    Police killed one person with a stray bullet during a demonstration 
(see Section 2.b.).
    At year's end, there was no information available on the trial of 
the gendarme arrested for killing a man in Donka.
    There were no developments in the April 2003 police killing of a 
man in Yimbaya.
    There were no developments in the reported 2002 killings by 
security forces.
    Government authorities continued to block efforts by human rights 
groups and nongovernmental organizations (NGOs) to investigate 
political killings that took place in the 1970s under then-President 
Sekou Toure.
    Many victims of crime feared that they might never receive justice 
because of judicial corruption and at times resorted to exacting their 
own form of retribution through vigilante violence. Although there were 
no reports during the year that suspected criminals were beaten or 
burned to death in public executions, a group burned down the house of 
a policeman who killed a man attempting to defend a neighbor (see 
Section 1.c.).

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

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The Penal Code and the Constitution prohibit torture and 
cruel, inhuman, or degrading treatment; however, both civilian and 
military security forces beat and otherwise abused civilians. There 
also were reports that security forces used torture and beatings to 
extract confessions and employed other forms of brutality, including 
holding prisoners incommunicado without charges under inhumane 
conditions. There were no developments or investigations conducted in 
the June 2003 cases of extortion by the Anti-Criminal Brigade in 
Kamsar.
    Police injured several persons while using force to disperse 
demonstrations during the year (see Section 2.b.).
    There were no developments in the May 2003 police shooting of a man 
in Conakry; the June 2003 police beating of two men in Ratoma; or the 
July 2003 police beating of four persons in Gonomanota.
    Unlike in previous years, there were no reports that authorities 
stopped refugees and searched them for signs that they were dissidents.
    No action was taken against security forces responsible for abusing 
refugees in 2003 or 2002.
    Prison conditions were inhumane and life threatening. Neglect, 
mismanagement, and lack of resources were prevalent. The basic diet for 
prisoners was inadequate, and most inmates relied on supplemental 
assistance from families or friends to maintain their health. Guards 
often demanded bribes in exchange for allowing delivery of food to 
those incarcerated. During the year, an NGO cited cases of dangerously 
low body weight and initiated a program to improve the health of 
critically malnourished inmates.
    Standards of sanitation remained poor, which resulted in several 
dozen deaths due to malnutrition and disease in previous years. During 
the year, there were two confirmed reports of deaths of prisoners due 
to lack of medical attention. Some prisoners reported sleeping on their 
knees because their cells were so small. Prisoners reported threats, 
beatings, and harassment by guards, and some reported being denied food 
and a place to lie down. Some prisoners wielded more power than the 
guards, offering more sanitary cells and conditions to new prisoners 
who were able to pay.
    Conditions in the N'Zerekore prison improved in 2003. The prison 
was built in 1932 to house 70 prisoners and housed 155 prisoners during 
the year. Installation of indoor plumbing and better ventilation 
improved overall conditions for prisoners in 2003; however, no 
improvements in the prisons were noted during the year. Men and women 
were housed separately, but juveniles generally were housed with 
adults, and first-time offenders were not separated from common 
criminals. There were credible reports from prisoners that female 
inmates were subjected to harassment and sexual assault by guards. 
Pretrial detainees were not separated from convicted prisoners, and the 
prison system often was unable to track pretrial detainees after 
arrest. Prisoners of political importance usually were held in the main 
prison in Conakry with the general prison population; however, they 
were housed in separate cells.
    The Government permitted prison visits by the International 
Committee of the Red Cross (ICRC) and other local humanitarian and 
religious organizations, which offered medical care and food for those 
in severe need. The ICRC reported that it was allowed regular access to 
all 33 official detention facilities and 2,500 prisoners during the 
year. The ICRC continued to initiate partnership programs with prison 
and security authorities to improve prison conditions. A former 
prisoner reported that without this assistance, those who did not have 
families or friends would have starved to death.

    d. Arbitrary Arrest or Detention.--The Constitution prohibits 
arbitrary arrest and detention; however, security forces regularly used 
arbitrary arrest and detention.
    The Code of Penal Procedure permits only the Gendarmerie to make 
arrests, but the army, the Presidential Guard (Red Berets), and the 
state police often detained persons as well. In addition, a quasi-
police unit, called the Anti-Crime Brigade (BAC), was formed in 2002 to 
fight criminal gangs and bandits. BAC units began in Conakry and were 
being extended to other prefectures. In practice, administrative 
controls over the police were ineffective, and security forces rarely 
followed the Penal Code. There were no reported judicial proceedings 
against officers suspected of committing abuses. Many citizens viewed 
the security forces as corrupt, ineffective, and even dangerous. Police 
ignored legal procedures and extorted money from citizens at roadblocks 
(see Section 2.d.).
    The Penal Code stipulates that the arrest of persons in their home 
is illegal between 9 p.m. and 6 a.m.; nevertheless, midnight arrests 
took place. The Penal Code also requires that the Government issue a 
warrant before an arrest can be made and that detainees be charged 
before a magistrate within 72 hours; however, many detainees were 
incarcerated for longer periods before being charged. After being 
charged, the accused may be held until the conclusion of the case, 
including a period of appeal. The Constitution proscribes incommunicado 
detention; however, at times it occurred in practice. The law provides 
for access by attorneys to their clients, but authorities frequently 
did not respect this provision. Release on bail was at the discretion 
of the magistrate who had jurisdiction. The Penal Code strictly forbids 
the detention of civilians at military camps, but such detentions 
occurred.
    Police detained opposition members several times during the year. 
For example, in March, authorities prevented former mayor and prominent 
member of the Union of Democratic Forces (UFR) opposition party Rougui 
Barry from leaving the country. Police detained and jailed Barry, along 
with another UFR member and an army officer. Police claimed the three 
were involved in efforts to subvert the Government. Charges against the 
two of the accused were later dismissed, while the legal situation for 
the army officer remained unclear at year's end.
    In April, police arrested three members of the Union for Guinea's 
Progress (UPR) opposition party on unspecified charges.
    On April 25, UFR opposition President and former Prime Minister 
Toure was detained for 1 night and then released for plotting against 
the Government; charges were dismissed on July 22. When charges against 
him were dropped, all freedom of speech and movement restrictions were 
dropped.
    In November 2003, gendarmes detained an unknown number of active 
and ex-military personnel for unspecified reasons. Several, including 
the son of the former head of the National Assembly, were released in 
December 2003, although others continued to be detained. Unlike in 
previous years, there were no reports that the army or gendarmerie 
detained refugees during the year.
    Prolonged pretrial detention was a problem. At times, detainees 
remained in prison for up to 2 years without trial.
    On October 25, 12 military officers who were accused of a military 
coup in December 2003 and were held in military prison for 10 months 
without trial and access to lawyers were released. During their stay in 
prison, they reportedly slept on the ground and on straw mat or rags.
    In October 12 political detainees--2 military officers and 10 
civilians--who were held without trial in a military prison on 
suspicion of plotting a coup in December 2003 were released on 
probation after their families petitioned the Government in September 
requesting the prisoners' immediate release.
    Bar Association attorneys, the independent press, and government 
sources described a parallel and covert system of justice run by 
unidentified uniformed personnel who conducted midnight arrests, 
detained suspects, and used torture in secret prisons to obtain 
confessions before transferring detainees to prosecutors (see Section 
1.c.).

    e. Denial of Fair Public Trial.--The Constitution provides for the 
judiciary's independence; however, judicial authorities routinely 
deferred to executive authorities in politically sensitive cases. 
Magistrates were civil servants with no assurance of tenure. Because of 
corruption and nepotism in the judiciary, relatives of influential 
members of the Government often were, in effect, above the law. Judges 
often did not act independently, and their verdicts were subject to 
outside interference.
    The judiciary includes courts of first instance, the two Courts of 
Appeal, and the Supreme Court, which is the court of final appeal. In 
practice, the two Courts of Appeal for Kankan and Conakry that handle 
serious crimes barely functioned due to lack of resources and 
organizational problems, and many prisoners were detained for lengthy 
periods without trial (see Section 1.d.). A military tribunal prepares 
and adjudicates charges against accused military personnel, to whom the 
Penal Code does not apply. Civilians were not subject to military 
tribunals.
    The State Security Court is comprised of magistrates directly 
appointed by the President, and the verdict is open to appeal only on a 
point of law, not for the re-examination of evidence.
    The judicial system was plagued by numerous problems, including a 
shortage of qualified lawyers and magistrates and an outdated and 
restrictive penal code. The Penal Code provides for the presumption of 
innocence of accused persons, the independence of judges, the equality 
of citizens before the law, the right of the accused to counsel, and 
the right to appeal a judicial decision; however, these rights were not 
consistently observed in practice. Although in principle the Government 
is responsible for funding legal defense costs in serious criminal 
cases, in practice it rarely disbursed funds for this purpose. The 
attorney for the defense frequently received no payment.
    Many citizens wary of judicial corruption preferred to rely on 
traditional systems of justice at the village or urban neighborhood 
level. Litigants presented their civil cases before a village chief, a 
neighborhood leader, or a council of ``wise men.'' The dividing line 
between the formal and informal justice systems was vague, and 
authorities may refer a case from the formal to the traditional system 
to ensure compliance by all parties. Similarly, if a case cannot be 
resolved to the satisfaction of all parties in the traditional system, 
it may be referred to the formal system for adjudication. The 
traditional system discriminated against women in that evidence given 
by women carried less weight (see Section 5).
    During the year, there were political prisoners held in connection 
with the December 2003 coup plotting. On October 12, military officers 
had their first appearance before the First Instance Court of Conakry 
on charges of plotting to overthrow the President in December 2003.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The Constitution provides for the inviolability of the 
home, and the law requires judicial search warrants; however, police 
and paramilitary police often ignored legal procedures in the pursuit 
of criminals. Unlike in previous years, the degree to which police and 
the military detained persons at nighttime roadblocks for purposes of 
security but also to extort money or goods declined (see Section 2.d.).
    Security officials were widely believed to monitor the mail. Local 
businesses, including foreign companies, often complained of 
intimidation and harassment by public officials and authorities.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The Constitution provides for 
freedom of expression, subject to certain limitations; however, despite 
government statements in support of free speech and a free press, the 
Government broadly restricted these rights. The Government prohibited 
talk or chants in public that it considered seditious; established 
defamation and slander as criminal offenses; and prohibited 
communications that insulted the President, incited violence, 
discrimination, or hatred, or disturbed the public peace. Sanctions 
include fines, revocation of press cards, imprisonment, and banishment.
    Unlike in the previous year, the Government did not detain persons 
for criticizing the President, although in March, a journalist was 
detained briefly for publishing a photograph of the President looking 
thin and leaning on an aide.
    The Government published an official newspaper, the daily Horoya, 
and operated the official television and radio stations. The state-
owned media provided extensive and favorable coverage of the Government 
and ruling party, while providing little coverage of opposition party 
activities. Journalists for the official press practiced self-
censorship and avoided reporting on politically controversial issues.
    There was a vocal private press that openly criticized the 
President and the Government. For example, the weekly satirical 
newspaper Le Lynx published front-page cartoons lampooning the 
President and senior government officials. Ten private newspapers were 
published weekly in Conakry, and up to 10 other publications appeared 
sporadically, although technical difficulties and high operating costs 
impeded regular publication. One newspaper, L'Espoir, was affiliated 
with the governing political party, and several other newspapers openly 
supported opposition parties. Other newspapers offered news and 
criticism of both the Government and the opposition. Foreign 
publications, some of which criticized the Government on a regular 
basis, were available. Despite the limited reach of the print media due 
to low literary rates and high prices of newspapers, the Government 
continued to occasionally criticize and harass print journalists.
    The Government owned and operated all domestic broadcast media 
including radio, which was the most important source of information for 
the public. Although the law permits private electronic media, the 
Government has never approved license requests for private radio and 
television stations, on the grounds of national security. Many citizens 
listened regularly to foreign-origin short-wave radio. The Government 
did not restrict access to or distribution of foreign television 
programming via satellite or cable; however, relatively few citizens 
could afford these services.
    In May, the Ministry of Local Government refused to allow the 
magazine Jeune Afrique L'intelligent permission to distribute the May 
2-8 edition. Some observers believe the Government banned it because it 
featured an article about the country's recently resigned Prime 
Minister. It also banned the sale of the May 9-15 edition of the 
magazine, which featured a story about the President's efforts to 
persuade the Prime Minster to return to his position.
    During the year, the National Communications Council (CNC) 
suspended the newspapers L'oeil and the L'economiste, for defamation 
and false information. The newspapers have since resumed publication. 
In November, the CNC also seized Le Quotidien, a privately owned daily 
newspaper. The CNC ruled that an article violated ethics and rules for 
professional journalism established by law and ``threatened the peace 
and tranquility.''
    In September, the Minister of Security seized a weekly publication, 
Le Petit Matin, following an article that criticized him. The Minister 
claimed the paper had no license; however, the publishers insisted that 
their license was current.
    The Ministry of Security has no jurisdiction over publication 
issues. Le Quotidien resumed publication at year's end.
    The Government did not restrict access to the Internet.
    The Ministry of National Education and Scientific Research 
exercised limited control over academic freedom through its influence 
on faculty hiring and control over the curriculum. In general, teachers 
were not subject to classroom censorship.

    b. Freedom of Peaceful Assembly and Association.--The law restricts 
freedom of assembly, and the Government exercised its power to restrict 
unwanted political activity. The Penal Code bans any meeting that has 
an ethnic or racial character or any gathering ``whose nature threatens 
national unity.'' The Government requires a 72-hour advance 
notification of public gatherings; otherwise, the events are considered 
illegal. In July 2003, the Government notified all political parties 
that their leadership was required to provide advance notification of 
their attendance at funerals, weddings, or any other gathering with a 
large number of citizens; this was enforced during the year.
    The Government continued to enforce a 2003 ban that prohibits all 
street marches except funerals. The law permits local authorities to 
cancel a demonstration or meeting if they believe it poses a threat to 
public order. They may hold event organizers criminally liable if 
violence or destruction of property ensues. The Governor of Conakry 
requires written permission from his office for public meetings of all 
associations, NGOs, groups, cooperatives, and political parties, and 
the requirement continued to be enforced during the year.
    In August, the Government cancelled the public celebration of a 
holiday celebrating a market women's revolt in 1977 and denied the 
marching permit for the event.
    During the year, the country experienced several demonstrations to 
protest rising food prices, some of which were broken up by force. For 
example, on September 13 and 14, students at the Agricultural College 
in Faranah boycotted classes to demand better living conditions and 
protest the rising cost of food. Police and the BAC beat demonstrators 
and used tear gas to disperse the demonstrators. Military forces held 
135 students at an army base. An NGO negotiated their release. The 
school was closed for 1 month by school authorities in conjunction with 
the Ministry of Higher Education. Five students were expelled 
permanently.
    On September 18, police used tear gas to break up groups traveling 
on foot to a rally called by an opposition party, Union of Democratic 
Forces in Guinea (UDFG), to protest the rising cost of food. The 
Government permitted the UDFG to rally at a stadium; however, a request 
for a street demonstration was not granted. It was unclear whether the 
group tried to march in defiance of the Government, or whether several 
supporters were walking to the stadium.
    In November, elected student representatives staged a strike at the 
University of Conakry to protest the Government's decision to eliminate 
dormitories. The Gendarmarie and the BAC were called to restore order. 
Twenty-one students were arrested and released after 4 days.
    On November 2, residents in the town of Pita rioted to protest the 
increase in electricity prices. Police killed one youth with a stray 
bullet and injured several persons in an attempt to stop the unrest. 
Reportedly, employees of the electric company going from house to house 
with the latest electric bills fueled the unrest.
    On December 29 and 30, workers of foreign-owned bauxite mines 
staged a protest in Fria, demanding unpaid salaries. One man died when 
police opened fire on the demonstration.
    The law provides for freedom of association; however, the 
Government restricted this right in practice. The Government imposed 
cumbersome requirements to obtain official recognition for public 
social, cultural, religious, or political associations. Most of the 
restrictions focused on political associations as opposed to 
nonpolitical associations. For example, political parties had to 
provide information on their founding members and produce internal 
statutes and political platforms consistent with the Constitution 
before the Government recognized them.

    c. Freedom of Religion.--The Constitution provides for freedom of 
religion and permits religious communities to govern themselves without 
state interference, and the Government generally respected these rights 
in practice.
    The Government requires that all recognized Christian churches join 
the Association of Churches and Missions to benefit from certain 
government privileges, such as tax exemptions and energy subsidies.
    The Ministry of the National Islamic League, formerly the National 
Islamic League, represented the country's Sunni Muslim majority, which 
comprised 85 percent of the population. Government support of the 
powerful, now official Ministry of the National Islamic League led some 
non-Muslims to complain that the Government used its influence to favor 
Muslims over non-Muslims, although non-Muslims were represented in the 
Cabinet, administrative bureaucracy, and the armed forces. The 
Government refrained from appointing non Muslims to important 
administrative positions in certain parts of the country in deference 
to the particularly strong social dominance of Islam in these regions.
    Missionary groups were required to make a declaration of their aims 
and activities to the Ministry of Interior or to the Ministry of the 
National Islamic League.
    Relations among the various religions generally were amicable; 
however, in some parts of the country, Islam's dominance was such that 
there was strong social pressure that discouraged non Muslims from 
practicing their religion openly.
    For a more detailed discussion, see the 2004 International 
Religious Freedom Report.

    d. Freedom of Movement Within the Country, Foreign Travel, 
Emigration, and Repatriation.--The Constitution provides citizens with 
the right to travel freely within the country and to change their place 
of residence and work; however, authorities at times infringed on these 
rights. The Government requires all citizens to carry national 
identification cards, which they must present on demand at security 
checkpoints. To a lesser extent than in previous years, police and 
security forces detained persons--particularly late at night, at 
military roadblocks and extorted money from them. The private press and 
local NGOs reported that travelers often were pressured to pay bribes 
to allow passage. Some roadblocks remained on Conakry's outskirts, 
rural areas, and in the Forest Region close to international borders. 
Government officials stated that a few rogue soldiers were corrupt; 
however, abuse at official checkpoints was systemic.
    In May, authorities banned Union of Democratic Forces of Guinea 
opposition party leader Ba Mamadou from leaving the country. 
Authorities accused him of plotting a coup. The travel ban was lifted 
several months later.
    The Constitution does not prohibit forced exile; however, the 
Government did not practice forced exile. Several soldiers who fled the 
country in 1996 after a mutiny attempt remained in self-imposed exile, 
according to their families.
    During the year, U.N. High Commission for Refugees (UNCHR) and 
International Organization of Migration IOM and the Government 
confirmed that all displaced persons have been reintegrated.
    The law provides for the granting of asylum and refugee status to 
persons in accordance with the 1951 U.N. Convention Relating to the 
Status of Refugees of its 1967 Protocol, and the Government has 
established a system of providing protection to refugees through an 
advisor on Territorial Issues within the Ministry of Territorial 
Administration. In practice, the Government did not always provide 
protection against refoulement, the return of persons to a country 
where they feared persecution, and did not always grant refugee status 
or asylum. The Government cooperated with the office of the UNHCR and 
other humanitarian organizations in assisting refugees and asylum 
seekers.
    The border with Liberia was officially reopened during the year; 
however, border authorities were warned to screen out possible rebels. 
The Government continued to accept refugees during the year. There was 
a pattern of accepting refugees from neighboring countries, such as 
Cote d'Ivoire and Liberia, while denying access to any other nationals 
suspected to be rebels. The border with Sierra Leone was no longer 
closed; local, commercial, and personal travel between the countries 
was permitted, and Sierra Leonean refugees residing in the country 
officially were allowed to return to Sierra Leone both on their own and 
under the auspices of the UNHCR.
    The UNHCR stated that as of August, more than 78,000 refugees 
received UNHCR assistance: 1,732 Sierra Leoneans, 3,822 Ivoirians, and 
72,700 Liberians. Other refugees lived in Conakry or villages and towns 
in the forest region. In November, the UNHCR repatriated 517 Liberians 
refugees in 2 convoys; UNHCR considered repatriation of refugees from 
Sierra Leone complete in July.
    Unlike in the previous year, there were no reports that refugees 
were forced to pay bribes to get past checkpoints or that security 
forces continued to arrest suspected rebels at the border as they tried 
to enter the country. There also were no reports that security forces 
searched and stripped refugees in public. There were no developments in 
the 2003 case of refugees awaiting trial for attacking a UNHCR 
official. Unlike in the previous year, there were no reports of 
forcible recruitment of refugees by the Liberians United for 
Reconciliation and Democracy (LURD) at camps in the country. During the 
year, the relocation of refugees from Kouankan to camps near 
Kissadougou that were farther from the Liberian border was officially 
canceled.
    The Government also provided temporary protection to individuals 
who may not qualify as refugees under the 1951 U.N. Convention or 1967 
Protocol, and provided it to approximately 200 persons of different 
West African nationalities during the year.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The Constitution provides for a popularly elected President and 
National Assembly; however, the ability of citizens to exercise this 
provision effectively was restricted. The Government tightly controlled 
the electoral process, and there was no independent electoral oversight 
mechanism.
    The Government retained exclusive control of all registration and 
election procedures, including the casting and counting of votes. The 
Government controlled the 1998 multiparty presidential elections and 
the multiparty legislative elections in 2002, limiting the opposition 
to a subordinate role. The Constitution allows the President to run for 
an unlimited number of terms; presidential terms are 7 years. There 
were approximately 46 legally recognized political parties; deputies of 
5 different parties were represented in the National Assembly. 
Government employees are required to campaign for the ruling party in 
each election.
    In December 2003, President Conte was re elected to a third term in 
a race boycotted by all major opposition parties due to concerns over 
the electoral system. The President's only opposition was a relatively 
unknown candidate previously allied with the ruling PUP party. The 
election was peaceful with few reports of violence.
    In June 2002, legislative elections were held, and observers judged 
the results to be questionable due to a lack of transparency and 
neutrality in the electoral process.
    The President continued to hold the power to appoint the governors, 
prefects, and their deputies to administer regions and subregions 
respectively. Most of these officials were members of the PUP or of 
parties allied with it. Local governments generally had limited 
autonomy. Although they had some financial resources with which to fund 
local programs, most of their funds were controlled by the central 
Government.
    Corruption was widespread in the executive and legislative branches 
of government. The President had powers to overrule legislative 
decisions and did so. Connection to the President or his powerful 
associates sometimes conferred exemptions from taxes and other fiscal 
obligations. Public funds were diverted to private use or to 
illegitimate public uses, such as buying expensive vehicles for the use 
of government workers. Land sales and business contracts lacked 
transparency. The Government announced a reformulated Committee to 
Combat Corruption within the Ministry of Economic and Financial 
Control, but it was minimally active.
    There is no law providing for access to information.
    In August, the President dismissed 100 elected Conakry officials 
from their posts; he was reportedly displeased with their corruption of 
an emergency rice distribution program.
    There were 20 female deputies in the 114-member National Assembly. 
Five women held seats in the 26-member Cabinet: The Minister of 
Commerce; the Minister of Tourism; the Minister of Social Affairs and 
Promotion of Women; the Minister of Information; and the Minister of 
Energy. There were few women at senior levels below minister, and there 
were no women in the senior ranks of the armed forces. Women generally 
played a minor role in the leadership of the major political parties; 
however, in September the UPR opposition party elected Assiatou Bah, 
the wife of the deceased former UPR leader Siradiou Diallo. The 
opposition party Guinean People's Rally (RPG) named Fatou Bangoura to 
the post of political secretary.
    Members of the three main ethnic groups as well as all smaller 
groups in the country (Gerze, Toma, Kisse, Koniake, and Mano) served in 
the National Assembly. The Cabinet and armed forces leadership included 
representatives of all major ethnic groups. However, a disproportionate 
number of senior military officers were Soussou, the President's ethnic 
group.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    A number of local NGOs generally operated without government 
restriction, investigating and publishing their findings on human 
rights cases. Government officials generally were cooperative and 
responsive to their views; however, some local organizations alleged 
that government officials tried to intimidate them, and that they often 
met resistance when trying to investigate abuses or engage in civil 
education. Various government officials continued to block private 
efforts to memorialize victims of the Sekou Toure regime that ruled the 
country from independence until 1984.
    The Government cooperated with both the UNHCR and the ICRC. In June 
2003, a report by a U.N. Security Council mission criticized the 
Government for complicity in abuses of Liberian refugees through its 
support of LURD rebels. LURD rebels were accused of forced recruitment 
of Liberian refugees, as well as infiltration of refugee camps such as 
Kouankan. Allegations that the Government was complicit with the LURD 
continued during the year.
    A human rights office within the Ministry of Defense, the Office of 
International Humanitarian Rights, in conjunction with the ICRC, 
conducted human rights seminars during the year to teach military 
personnel about human rights recognized by international and regional 
agreements.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The Constitution states that all persons are equal before the law 
regardless of gender, race, ethnicity, language, beliefs, political 
opinions, philosophy, or creed; however, the Government did not enforce 
these provisions uniformly.

    Women.--Domestic violence against women was common, although 
estimates differed as to the extent of the problem. Wife beating is a 
criminal offense and constitutes grounds for divorce under civil law; 
however, police rarely intervened in domestic disputes. Rape is a 
criminal offense; however, social beliefs prevented most rape victims 
from reporting incidents of rape. Several local NGOs were working to 
increase public awareness of the nature of these crimes and to promote 
increased reporting. The Government did not pursue vigorously criminal 
investigations of alleged sexual crimes.
    FGM was practiced widely in all regions and among all religious and 
ethnic groups. FGM is illegal, and senior officials and both the 
official and private press spoke against the practice; however, there 
were no prosecutions. FGM was performed on girls and women between the 
ages of 4 and 17, but exact figures on this procedure were difficult to 
establish. The Coordinating Committee on Traditional Practices 
Affecting Women's and Children's Health (CPTAFE), a local NGO dedicated 
to eradicating FGM and ritual scarring, cited a continuing decline in 
the percentage of women and girls subjected to FGM. The CPTAFE 
estimated the figure to be between 60 and 65 percent. Infibulation, the 
most dangerous form of FGM, was still performed in the Forest Region, 
but less frequently than in previous years. Despite diseases resulting 
from crude and unsanitary surgical instruments and deaths resulting 
from the practice, the tradition continued, seriously affecting many 
women's lives. FGM also increased the risk of HIV infection, since 
unsterilized instruments were shared among participants.
    The Government continued efforts to educate health workers on the 
dangers of this procedure, and it supported the CPTAFE's efforts. The 
CPTAFE reported high rates of infant mortality and maternal mortality 
due to FGM. The Government continued its plan to eradicate FGM, and 
government ministers, health officials, and the media discussed FGM 
more frequently; however, there were no statistics evaluating the 
success of the program.
    A growing number of men and women opposed FGM. Urban, educated 
families were opting increasingly to perform only a slight symbolic 
incision on a girl's genitals rather than the complete procedure. 
During the year, the CPTAFE held large public ceremonies celebrating 
the ``laying down of the excision knife'' in which some traditional 
practitioners of FGM pledged to discontinue the practice; however, most 
of those who performed FGM opposed its eradication since the practice 
was lucrative. CPTAFE stressed the health consequences, while 
supporting the customary observance of the transition regarding 
excision to womanhood through traditional dances and songs. 
Nevertheless, in August, the Islamic League issued a sermon to all 
mosques stating that FGM was a good thing and should be legalized.
    Although the Government made regular statements in the media 
against sexual harassment, women working in the formal sector in urban 
areas complained of frequent sexual harassment.
    The Constitution provides for equal treatment of men and women, and 
the Ministry of Social Affairs and Women's Promotion worked to advance 
such equality; however, women faced discrimination throughout society. 
Women faced discrimination particularly in rural areas where 
opportunities were limited by custom and the demands of childrearing 
and subsistence farming. Women were not denied access to land, credit, 
or businesses, but inheritance laws favor male heirs over females. 
Government officials acknowledged that polygyny was a common practice. 
Divorce laws generally tended to favor men in awarding custody and 
dividing communal assets. Legal evidence given by women carries less 
weight than testimony by men, in accordance with Islamic precepts and 
stomary law. The Government affirmed the principle of equal pay for 
equal work; however, in practice, women received lower pay than men.
    There were increasing signs that conservative Islamic beliefs, 
imported by students returning from educational sojourns in northern 
African and Arabic countries, posed a threat to the traditionally 
active role of women in society.

    Children.--The Constitution provides that the Government should 
support children's rights and welfare, and the Government allocated a 
significant percentage of the budget to primary education; however, the 
Government did not spend the allocated funds. The Minister of Youth was 
charged by the President with defending women's and children's rights, 
and a permanent committee dedicated to defending the rights of the 
child, with members chosen from different ministries, NGOs, and other 
sectors, continued to work.
    The Government provided tuition free, compulsory primary school 
education for 6 years; however, enrollment rates were low due to school 
fees and lax enforcement of laws mandating school attendance. 
Approximately 47 percent of all eligible students were enrolled in 
primary school, including 66 percent of eligible boys compared with 37 
percent of eligible girls. Girls often were taken out of school and 
sent to work to help pay for their brothers' education.
    FGM was performed commonly on girls (see Section 5, Women).
    The legal age for marriage is 21 years for men and 17 years for 
women; however, underage marriage was a problem. Parents contract 
marriages for girls as young as 11 years of age in the Forest Region. 
The CPTAFE, in conjunction with the Government, local journalists, and 
international NGOs, continued to promote an education campaign to 
discourage underage marriage and reported lower rates than in previous 
years. According to CPTAFE, some families that sanctioned early 
marriages nevertheless kept their married daughter in the family home 
until she had at least completed secondary school.
    There were reports that girls were trafficked for prostitution and 
other labor (see Section 5, Trafficking.).

    Trafficking in Persons.--The law prohibits trafficking in persons; 
however, there were some reports of trafficking. The law carries a 
penalty of 5 to 10 years imprisonment and confiscation of any money or 
property received as a result of trafficking activities; however, some 
NGOs reported that women and children were trafficked within the 
country, as well as internationally, for the sex trade and illegal 
labor. Trafficking in persons from rural areas to urban centers 
increasingly was recognized as a problem. Accurate statistics were 
difficult to obtain, because victims did not report the crime fear for 
their personal safety.
    A UNICEF official reported in 2003 that trafficking in children was 
common in the country. In August, persons involved in a Sierra Leonean 
child trafficking ring were apprehended, and an investigation was 
ongoing by Stat-View International at year's end. NGOs claimed that the 
country was frequently a transit route for a West African trafficking 
network, and children were then sent to destinations in Europe.
    During the year, authorities discovered seven Malian girls who were 
brought to the country to work for a trafficking ring based in Conakry. 
The girls were found when police investigated a traffic accident. Some 
journalists alleged that the traffickers had ties to individuals in the 
Government.
    In 2001, the Children's Protection Division and UNICEF reported 
that trafficking of children was a problem among the Sierra Leonean and 
Liberian refugee populations in the prefectures of Guekedou, Macenta, 
N'Zerekore, and Forecariah; girls were exploited for domestic labor, 
and boys were exploited as street sellers and agricultural workers. The 
International Rescue Committee and UNICEF reported that children living 
in foster families often did not receive adequate food, shelter, and 
clothing, and were compelled to work in the streets, sometimes as 
prostitutes, for their subsistence.
    Girls under the age of 14 were involved in prostitution. The 
Government did not take action when prostitution of minors was brought 
to its attention, and it did not monitor actively child or adult 
prostitution.
    Several government agencies, particularly the Ministry of Social 
Affairs and the Promotion of Women and Children, were involved in 
antitrafficking efforts. The Ministry of Social Affairs headed a 
committee of several government ministries that was formed during the 
year to increase coordination and communication on child trafficking 
problems.

    Persons With Disabilities.--There are no special constitutional 
provisions for persons with disabilities. The Government has not 
mandated accessibility for persons with disabilities, and few persons 
with disabilities worked, although some developed opportunities in the 
informal sector in small family-run businesses. Persons with 
disabilities did not face social or governmental discrimination.

    National/Racial/Ethnic Minorities.--The country's population was 
ethnically and regionally diverse, and no single ethnic group 
constituted a majority nationwide. The largest ethnic groups were the 
Puhlar, also called Peuhl or Fulani (approximately 40 percent of the 
population), the Malinke (approximately 30 percent), and the Soussou 
(approximately 20 percent). Each group spoke a distinct primary 
language and was concentrated in a distinct region: The Soussou in 
lower Guinea; the Peuhl in middle Guinea; and the Malinke in upper 
Guinea.
    While the Constitution and the Penal Code prohibit racial or ethnic 
discrimination, ethnic identification was strong.
    Mutual suspicion, both inside and outside the Government, affected 
relations across ethnic lines. Widespread societal ethnic 
discrimination by members of all major ethnic groups was evident in 
private sector hiring patterns, in the ethnic segregation of urban 
neighborhoods, and in the relatively low levels of interethnic 
marriage. The proportion of public sector positions occupied by 
Soussous, particularly at senior levels, was widely perceived as 
exceeding their share of the national population.
    The ruling PUP party, although generally supported by Soussous, 
transcended ethnic boundaries more effectively than the major 
opposition parties, which have readily identifiable ethnic and regional 
bases; the UPR's main base are the Peuhls, while the RPG's main base 
are the Malinke. Soussou preeminence in the public sector and Malinke 
migration into the traditional homelands of smaller ethnic groups in 
the Forest Region were major sources of political tensions that 
sometimes have erupted into violence.
    On June 16, in N'Zerekore, a Guerze youth on a motorcycle collided 
with a crowd leaving a mosque, causing ethnic fighting between 
predominantly Christian Guerze and predominantly Malinke groups. The 
Government, which declared a ban on large gatherings and a curfew to 
lesson tensions, temporarily detained over 200 persons.

    Other Societal Abuses and Discrimination.--There have been reports 
that various hospitals in the country have refused to treat patients 
with AIDS; hospital workers fear contracting the disease.
Section 6. Worker Rights
    a. The Right of Association.--The Constitution provides for the 
right of employees to form and join independent labor unions, and the 
Government generally respected this right in practice. The Labor Code 
requires elected worker representatives for any enterprise employing 25 
or more salaried workers. Approximately 160,000 workers were reported 
as unionized, although inadequate labor statistics made it difficult to 
estimate the exact percentage of workers in unions. Approximately 
52,000 were government workers and thus automatically members of the 
government union. The rest were engaged in private, mixed, and informal 
sectors. The largest independent union, Union of Workers of Guinea, 
claimed 66,000 members, 20,000 of which were women. Union delegates 
represented individual and collective claims and grievances with 
management.
    The Labor Code prohibits military and paramilitary personnel from 
creating or participating in unions.
    The Constitution and Labor Code also prohibit antiunion 
discrimination; however, at regional and prefecture levels, unionized 
labor faced strong opposition from government officials. Union 
officials were selected on the basis of nepotism and patronage; these 
individuals were not sensitized to the rights of workers and often 
viewed unions as an enemy of the Government. As a result, union 
activities in the interior of the country faced harassment and 
interference from many governors and prefects. Union activities in 
Conakry faced less harassment and interference. Individual workers 
threatened with dismissal or other sanctions had the right to a hearing 
before management with a union representative present and, if 
necessary, to take the complaint to the Conakry Labor Court, which 
convened weekly to hear such cases. In the interior, civil courts heard 
labor cases.
    The Government continued to pay the travel and lodging expenses of 
National Confederation of Guinean Workers representatives to 
International Labor Organization (ILO) conferences. Other independent 
unions had to fund their own attendance at ILO conferences.

    b. The Right to Organize and Bargain Collectively.--Under the Labor 
Code, representative workers' unions or union groups may organize in 
the workplace and negotiate with employers or employer organizations, 
and workers exercised this right in practice. The law protects the 
right to bargain collectively concerning wages and salaries without 
government interference. Employers established rules and hours of work 
in consultation with union delegates. There are no export processing 
zones.
    The Labor Code grants salaried workers, including public sector 
civilian employees, the right to strike 10 days after their 
representative union makes known its intention to strike; strikes were 
sometimes met with intimidation from security forces and, as a result, 
often did not take place. The law prohibits strikes in sectors 
providing ``essential services,'' which include hospitals, radio and 
television, army, police, communications, and transport services.
    On September 24, hundreds of former employees of the government-
owned railway company staged a demonstration in Conakry to protest the 
bouncing of their long-awaited paychecks. The railway company 
reportedly has owed money to 187 former railway pensioners for 14 
years. Demonstrators stated that the World Bank provided the Government 
with the money to pay the arrears. Police arrested nine persons, who 
were held for 1 day and released.

    c. Prohibition of Forced or Compulsory Labor.--The Labor Code 
specifically prohibits forced or compulsory labor, including by 
children; however, there were reports that such practices occurred (see 
Sections 5 and 6.d.).
    The law prohibits the exploitation of vulnerable persons for unpaid 
or underpaid labor. Violations carried a penalty of 6 months to 5 
years' imprisonment and a fine of approximately $25 to $150 (50,000 to 
382,500 GF francs). Submitting a vulnerable or dependent person to 
inhumane working or living conditions carries a sentence of 1 month to 
5 years' imprisonment and a fine of approximately $25 to $250 (50,000 
to 500,000 GF francs). The Government did not enforce these provisions 
of the law in practice.

    d. Prohibition of Child Labor and Minimum Age for Employment.--The 
Labor Code has specific policies that pertain to child labor; however, 
child labor was a serious problem. According to the Labor Code, the 
minimum age for employment is 16 years. Apprentices may start to work 
at 14 years of age. Workers and apprentices under the age of 18 were 
not permitted to work at night, for more than 10 consecutive hours, or 
on Sundays. The Labor Code also stipulates that the Minister of Labor 
and Social Affairs must maintain a list of occupations in which women 
and youth under the age of 18 cannot be employed. In practice, 
enforcement by ministry inspectors was limited to large firms in the 
modern sector of the economy. Overall, approximately 48 percent of 
children under age 15 were employed, accounting for approximately 20 
percent of the total working population and 26 percent of agricultural 
workers. Child labor in factories was not prevalent because of the low 
level of manufacturing. Working children were mostly in the informal 
sector areas of subsistence farming, and small-scale commerce and 
mining. Girls as young as age 14, engaged in prostitution (see Section 
5).
    Many young Muslim children sent to live with a Koranic master for 
instruction in Arabic, Islam, and the Koran worked for the teacher as 
payment. Children often were sent from rural areas to Conakry to live 
with family members while they attended school. However, if the host 
family was unwilling or unable to pay school fees, the children sold 
water or shined shoes on the streets, and the host family took the 
money in exchange for their room and board or simply used the child as 
a cheap source of domestic labor (see Section 5).
    The worst forms of child labor were found in the artisanal mining 
sector, where children hauled granite and sand for little or no money.
    There were reports that forced and compulsory child labor occurred 
(see Section 5).
    The Government has spoken out against child labor, but it lacked 
the resources, enforcement mechanisms, and the legislative will to 
combat the problem. As a result, child laborers did not have access to 
education or health care and suffered from chronic malnutrition, 
traumatic stress, and depression.

    e. Acceptable Conditions of Work.--The Labor Code allows the 
Government to set a minimum hourly wage; however, the Government has 
not exercised this provision nor does it promote a standard wage. 
Prevailing wages often did not provide a decent standard of living for 
a worker and family. There also were provisions in the Code for 
overtime and night wages, which were fixed percentages of the regular 
wage.
    The Labor Code mandates that regular work should not exceed 10-hour 
days or 48-hour weeks, and it also mandates a period of at least 24 
consecutive hours of rest each week, usually on Sunday. Every salaried 
worker has the legal right to an annual paid vacation, accumulated at 
the rate of at least 2 workdays per month of work. In practice, the 
authorities enforced these rules only in the relatively small modern 
urban sector.
    The Labor Code contains general provisions regarding occupational 
safety and health, but the Government has not elaborated a set of 
practical workplace health and safety standards. Moreover, it has not 
issued any ministerial orders laying out the specific requirements for 
certain occupations and for certain methods of work that are called for 
in the Labor Code. The Ministry of Labor and Social Affairs is 
responsible for enforcing labor standards, and its inspectors are 
empowered to suspend work immediately in situations hazardous to 
health; however, enforcement efforts were sporadic. Labor inspectors 
acknowledged that they did not have adequate resources to cover even 
Conakry, much less the entire country.
    Under the Labor Code, workers have the right to refuse to work 
under unsafe conditions without penalty; however, many workers feared 
retaliation should they refuse to work under unsafe conditions.
    The law applies to all workers in the country, regardless of 
nationality; however, the law does not define whether it applies to 
persons working in the country illegally.

                               __________

                           GUINEA-BISSAU \1\
------------------------------------------------------------------------

    \1\ In June 1998, the United States Embassy suspended operations in 
the midst of heavy fighting in Guinea-Bissau, and all official 
personnel in the country were evacuated. This report is based on 
information obtained by U.S. embassies in neighboring countries, 
especially Senegal, from other independent sources, and regular visits 
to Guinea-Bissau by U.S. officials assigned to the U.S. Embassy in 
Dakar. The U.S. Ambassador to Senegal, resident in Dakar, is also 
accredited to Guinea-Bissau.
------------------------------------------------------------------------
    Guinea-Bissau is a multiparty republic. In September 2003, former 
president Kumba Yala, who had undermined the country's transition to 
democracy since his election in 2000, was deposed in a military coup. 
In October 2003, military, political, and civil society leaders 
appointed Henrique Pereira Rosa as the president of a civilian 
transition government. On March 28, free and fair legislative elections 
were held for the 100-seat National Popular Assembly (ANP), which the 
former president had dissolved in 2002. The African Party for the 
Independence of Guinea-Bissau and Cape Verde (PAIGC) won with a 
plurality of 45 seats, and Carlos Domingos Gomes Junior was appointed 
Prime Minister. President Rosa remained head of state, and presidential 
elections were scheduled for March 2005. On October 6, a military 
mutiny to protest salary arrears and living conditions resulted in two 
deaths, including that of the Chief of Defense, and numerous injuries. 
In an October 10 memorandum of understanding, the Government agreed to 
ask Parliament to: Grant amnesty to those involved in eight military 
uprisings since 1980; and to request that the President commute the 
penalties of individuals charged with attempting coups in November 2001 
and December 2002. No action had been taken on the memorandum by year's 
end. The judiciary, which had been subject to strong executive 
influence since former president Yala dismissed and imprisoned the 
former Chief Justice in November 2002, made major strides in 
establishing its independence; however, corruption remained a problem.
    The police, under the direction of the Ministry of the Interior, 
have primary responsibility for the country's internal security. The 
armed forces are responsible for external security and can be called 
upon to assist the police in internal emergencies. In 2002, the 
Government began a comprehensive program to restructure the armed 
forces, improve military living conditions, and demobilize 
approximately 4,000 active duty military personnel; however, living 
conditions remained poor, salary arrears had not been paid, and the 
reinsertion and reintegration phases of the program had not been 
completed by year's end. The October 6 mutiny was the fourth time since 
the country's independence in 1974 that the military intervened and 
acted independently of government authority. Some members of the 
security forces committed serious human rights abuses.
    The population of approximately 1.3 million relies largely upon 
subsistence agriculture and the export of cashew nuts in a market 
economy. The formal economy broke down in 1998, and most of the country 
reverted to barter. In 2002, the country suffered a substantial 
slowdown in economic activity, and gross domestic product declined 4.2 
percent, primarily as a result of significantly lower levels of foreign 
assistance and a drop of approximately 30 percent in cashew prices in 
the international market. The country remained burdened by heavy 
external debt and pervasive underemployment. Prior to the September 
2003 coup, most public servants had not been paid for up to 2 years; 
however, during the year, the Government resumed paying salaries of 
non-military public servants.
    The Government generally respected the human rights of its 
citizens; however, there were problems in some areas. Army mutineers 
committed unlawful killings and beat and abused senior officers. Police 
arbitrarily arrested a human rights leader during the year. Impunity 
and corruption remained problems, although less so than in previous 
years. Prison conditions remained poor. Some journalists continued to 
practice self-censorship. Violence and discrimination against women 
were problems. Female genital mutilation (FGM) was practiced widely. 
Child labor, including some forced labor, and child trafficking 
occurred.
    During the year, the Transition Government took significant steps 
to improve human rights, take control of public finances, renew 
relations with the international community, and restore political 
participation. Unlike in previous years, there were no reports that 
security forces mistreated detainees; arbitrarily arrested and detained 
opposition leaders, journalists, and labor leaders; used incommunicado 
detention; infringed on citizens' privacy rights; or restricted freedom 
of speech and the press to intimidate the media.
                        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 political killings during the year. On October 6, military 
mutineers killed former Defense Chief General Verissimo Correia 
Seabraor, who led the coup against former president Yala, and Colonel 
Domingos de Barros, the head of human resources for the military; the 
soldiers responsible for the killings had not been identified by year's 
end. The mutineers, who reportedly beat and abused other officers, 
demanded payment of salary arrears and improved living conditions (see 
Section 3).
    There were no developments in the March 2003 case of Army Second 
Lieutenant Mussa Cassama, who died in detention from injuries inflicted 
during torture.
    There were three deaths from landmines and one from unexploded 
ordnance during the year.

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

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The Constitution prohibits such practices, and evidence 
obtained through torture or coercion is invalid. In the past, the 
Government often ignored these provisions, and security forces beat, 
mistreated, and otherwise abused persons; however, there were fewer 
reports of such activity than in previous years. The Government rarely 
enforced provisions to punish members of the security forces who 
committed abuses.
    On October 6, military mutineers beat and abused senior officers; 
two officers were killed (see Section 1.a.).
    In June, Lieutenant General Emilio Costa, then Deputy Chief of 
Defense, was accused of beating a motorist in a road rage incident; 
Costa did not occupy the position of Deputy Chief of Defense at year's 
end. No further information was available; however, an investigation 
was being conducted at year's end.
    The officers and enlisted men who were arrested in 2002 for 
allegedly plotting to overthrow the Government of former President Yala 
were released during the year. No action was taken against security 
forces who in 2003 beat, bound, and held the detainees incommunicado.
    There also were no developments in the 2002 beating by security 
forces of Rui Ferreira, a National Assembly Deputy of the opposition 
Resistencia Guinea Bissau Party, or in the case of Victor Mandinga.
    Demining operations continued; however, landmines and unexploded 
ordnance resulted in deaths and one injury during the year.
    Prison conditions remained poor but generally were not life 
threatening. The country does not have formal prisons. Most prisoners 
were detained in makeshift detention facilities on military bases in 
Bissau and neighboring cities. Unlike in previous years, there were no 
reports that security forces beat and abused civilian prisoners or used 
incommunicado detention. Detention facilities generally lacked running 
water or adequate sanitation. Detainees' diets were poor, and medical 
care was virtually nonexistent. Men and women were held in separate 
facilities, and juveniles were held separately from adults. Pretrial 
detainees were not held separately from convicted prisoners.
    The Government generally permitted independent monitoring of prison 
conditions by local and international human rights groups. During the 
year, the Office of the Representative of the U.N. Secretary General 
(UNOGBIS) regularly visited prisoners. Beginning in late 2003 and 
during the year, the International Committee of the Red Cross and 
UNOGBIS were allowed to visit the seven remaining military personnel 
who had been held incommunicado since December 2002.

    d. Arbitrary Arrest or Detention.--The Constitution prohibits 
arbitrary arrest and detention, and, in the past, security forces 
arrested and detained persons without judicial authority or warrants. 
Unlike in the previous year, there were no reports of the arbitrary 
arrest of opposition politicians, journalists, and union leaders; 
however, a human rights activist was arrested (see Section 2.a.). All 
persons detained without charge or trial during the former Kumba Yala 
presidency were released following the September 2003 military coup.
    The country is divided into 37 police districts, each with its own 
police station; there were an estimated 600 police in the country. 
Since the 1998 civil war, police recruitment has not kept pace with 
attrition. Unlike in the previous year, police were paid regularly; 
however, they have not been compensated for up to 24 months of salary 
arrears. Impunity and corruption were rampant, and police generally 
were ineffective. There was a severe lack of resources and training.
    The law provides for procedural rights, such as the right to 
counsel, the right to release if no timely indictment is brought, and 
the right to a speedy trial. In the past, the judicial system, which 
was heavily backlogged and under strong executive influence, failed to 
provide these rights; however, there were some improvements during the 
year (see Section 1.e.).
    In late 2003, Supreme Court judges and officials who were detained 
by former president Yala in 2001 were released and allowed to resume 
their positions.
    The four Senegalese detained in 2002 were among those released 
following the September 2003 coup.

    e. Denial of Fair Public Trial.--The Constitution provides for an 
independent judiciary; however, in the past, the judiciary was subject 
to executive influence and control, and members of the Supreme Court 
were appointed and often replaced by the former President. During the 
year, the judiciary made major strides in establishing its 
constitutional independence: The Supreme Court elected Maria do Ceu 
Silva Monteiro as its Chief Justice, and in conjunction with regional 
courts, began hearing case backlogs; and the Ministry of Justice and 
the legal professional association reactivated the public defender 
program. Despite this, judges continued to be poorly trained and paid 
and sometimes were subject to corruption.
    Civilian courts conduct trials involving state security. Under the 
Code of Military Justice, military courts only try crimes committed by 
armed forces personnel. The Supreme Court is the final court of appeal 
for both military and civilian cases. The President has the authority 
to grant pardons and reduce sentences.
    Trials do not use juries; however, the accused are presumed 
innocent and have the right to timely access to an attorney, to 
question witnesses, to have access to evidence held by the Government, 
and to appeal. Citizens who could not afford an attorney have the right 
to a court-appointed lawyer.
    Traditional practices still prevailed in most rural areas, and 
persons who lived in urban areas often brought judicial disputes to 
traditional counselors to avoid the costs and bureaucratic impediments 
of the official system. The police often resolved disputes.
    There were no reports of political prisoners.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The Constitution prohibits such actions; however, in 
the past, the Government did not always respect these prohibitions in 
practice, and the police did not always use judicial warrants. During 
the year, there were no reports of such practices.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The Constitution provides for 
freedom of speech and of the press; however, in the past, the 
Government frequently restricted these rights, and opposition 
politicians had little or no access to government-controlled media. 
There were no reports of such restrictions during the year. In previous 
years, journalists practiced self-censorship; however, there were no 
reports of such activities during the year. The Government did not 
restrict academic freedom.
    During the year, persons continued to be arrested for exercising 
their right of free speech. On March 8, security forces arrested and 
released Joao Vaz Mane, the Vice President of the Guinean Human Rights 
League (LGDH), after Mane denounced police for beating a young man.
    No action was taken against security forces who beat Indjai Dabo, 
the United Social Democratic Party representative in Sao Domingos.
    In addition to the government-owned newspaper No Pintcha, several 
private newspapers published without restriction, including Diario de 
Bissau, Fraskera, Gazeta de Noticias, Kansare, and Baloba. All 
newspapers published only sporadically during the year due to financial 
constraints and dependence on the state-owned printing house. The 
national printing press, the only facility for publishing newspapers in 
the country, often lacked the necessary raw materials.
    There were several independent radio stations. National television 
broadcast from 7 p.m. to midnight on weekdays and 5 p.m. to midnight on 
weekends. Unlike in previous years, there were no reports that 
government-controlled stations practiced self-censorship.
    Unlike in the previous year, there were no reports that the 
Government dismissed or arbitrarily arrested radio journalists, closed 
down private radio stations, or harassed judicial authorities who 
defended such stations.
    Unlike in the previous year, there were no reports that the 
Government ordered all media organizations to cease publication of 
information relating to the LGDH, which received significant and fair 
media coverage during the year.
    The Internet was available in the country, and the Government did 
not restrict its use.

    b. Freedom of Peaceful Assembly and Association.--The Constitution 
provides for freedom of assembly and association, and the Government 
generally respected these rights in practice. Permits were required for 
all assemblies and demonstrations. Unlike in the past, there were no 
reports that the Government banned assemblies.

    c. Freedom of Religion.--The Constitution provides for freedom of 
religion, and the Government generally respected this right in 
practice. In 2003, the Ahmadiya, an Islamic religious group expelled 
from the country in 2001, was permitted to return after the Government 
determined that former President Yala's decision to expel them had been 
an illegal breach of due process. Although the Government must license 
religious groups, there were no reports that any applications were 
refused.
    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 unlike in the previous year, there were no reports that the 
Government limited them in practice.
    The Constitution did not specifically prohibit forced exile; 
however, 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 
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 UNHCR reported that approximately 
7,700 refugees, mostly Senegalese citizens, were in the country. More 
than 6,000 of these refugees lived in villages along the country's 
northern border where they were integrated into the local economy and 
largely self-sufficient. Another 1,000 Senegalese refugees lived in 
camps and received assistance from UNHCR. There also were approximately 
500 Senegalese, Liberian, and Sierra Leonean urban refugees. The UNHCR 
reported that the Government was tolerant of these refugees and 
permitted them to engage in economic activities to support themselves.
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. Unlike in the previous year, when the Government 
was changed by military coup, citizens exercised their right to 
peacefully elect a legislature through elections on March 28.
    In September 2003, the military deposed former President Kumba 
Yala, who, since his election in 2000, had postponed new legislative 
elections, refused to veto or promulgate a new draft constitution, 
dismissed the Prime Minister, and dismissed two Supreme Court 
Presidents. In October 2003, military, political, and civil society 
leaders appointed Henrique Pereira Rosa as the President of a civilian 
transition government. During the year, the Transition Government took 
control of public finances, renewed relations with the international 
community, and restored free speech and political participation.
    On March 28, legislative elections were held for the 100-seat ANP, 
which had been dissolved in 2002 by former president Yala. The PAIGC 
won with a plurality of 45 seats, and Carlos Domingos Gomes Junior was 
appointed Prime Minister. International observers deemed the elections 
free and fair. On May 12, Prime Minister Gomes Junior, as head of 
government, appointed a cabinet of 16 ministers and 7 state 
secretaries. President Rosa remained head of state; presidential 
elections were scheduled for March 2005.
    On October 6, a battalion of 600 soldiers returning from a 
peacekeeping mission in Liberia staged a mutiny to protest salary 
arrears and poor living conditions; two officers were killed, and 
several were injured (see Section 1.a.). The mutiny was launched on the 
day that eight officers were due to go on trial for their alleged part 
in a December 2002 coup attempt against former president Yala; the 
trial was postponed. In an October 10 memorandum of understanding, the 
Government agreed to ask Parliament to: Grant amnesty to those involved 
in eight military uprisings since 1980; and ask the President to 
commute the penalties of individuals charged with attempting coups in 
November 2001 and December 2002. The memorandum, which specified no 
timeline for proposed actions, also provided for payment of salary 
arrears and improved living conditions for the military; no action had 
been taken on the memorandum by year's end.
    In 2000, voters elected former president Yala with a 72 percent 
electoral majority in a runoff election following multiparty elections 
in 1999. International observers, foreign diplomats, and local NGOs 
considered both elections, which included candidates from 13 parties as 
well as several independents, to be generally free and fair.
    The 1991 Constitution remained in effect. Unlike in previous years, 
when former president Yala ruled by decree, the Government generally 
respected the Constitution and the separation of powers it provides. A 
draft constitution to limit certain presidential powers was under 
discussion; however, no action was taken on it during the year.
    Government corruption was widespread at all levels.
    There were no laws providing access to government information.
    There were 14 women in the 100-seat ANP. The Supreme Court Chief 
Justice, 3 of the country's 16 government ministers, and 2 of 7 state 
secretaries also were women.
    All ethnic groups were represented in the Government.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    A number of domestic and international human rights groups 
generally operated without government restriction, investigating and 
publishing their findings on human rights cases. Government officials 
were somewhat cooperative and responsive to their views; however, the 
Government arrested LDGH Vice President Joao Vaz Mane during the year 
for criticizing the Government (see Section 2.a.).
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The Constitution and law prohibit discrimination on the basis of 
sex and race; however, in practice, the Government did not enforce 
these provisions effectively.

    Women.--Domestic violence, including wife beating, was an accepted 
means of settling domestic disputes. Although police intervened in 
domestic disputes if requested, the Government had not undertaken 
specific measures to counter social pressure against reporting domestic 
violence, rape, incest, and other mistreatment of women.
    There were laws against rape; however, government enforcement of 
those laws was limited, in large part because of lack of resources.
    FGM was practiced widely within certain ethnic groups, especially 
the Fulas and the Mandinkas. The practice has increased as the Muslim 
population has grown and was being performed not only on adolescent 
girls, but also on babies as young as 4 months old. The Government has 
not outlawed the practice; however, a national committee continued to 
conduct a nationwide education campaign to discourage FGM. Both 
international and domestic NGOs continued working through the national 
committee to eliminate FGM.
    Sinim Mira Nassique, a local NGO, has initiated alternative FGM 
summer camps for young girls throughout the country. During the summer, 
girls attended camps in Farim, Buba, and Gabu, where they experienced 
all traditional initiation rights except excision. The camps, which 
taught the dangers of FGM, also provided training in hygiene, sewing, 
embroidery, and other skills.
    The law prohibits prostitution; however, enforcement was weak.
    The law treats men and women equally and prohibits official 
discrimination; however, such discrimination was a problem, 
particularly in rural areas, where traditional and Islamic law were 
dominant. Women were responsible for most work on subsistence farms and 
had limited access to education, especially in rural areas. Women did 
not have equal access to employment. Among certain ethnic groups, women 
cannot own or manage land or inherit property.

    Children.--The Government allocated only limited resources for 
children's welfare and education; however, unlike in previous years, 
primary and secondary schools operated for most of the year, and the 
Government generally paid teachers' salaries. Public schooling was 
universal, compulsory until 7 years of age, and free through the 4th 
grade. A 2003 UNDP study indicated that 60 percent of school-age 
children did not attend school, in large part, because schools were 
closed for most or all of 2003 as a result of the Government's failure 
to pay teachers' salaries.
    FGM was performed commonly on young girls and sometimes even 
infants (see Section 5, Women).
    Child trafficking occurred (see Section 5, Trafficking).

    Trafficking in Persons.--The law does not prohibit trafficking in 
persons, and there were reports that children were trafficked from or 
within the country. Some boys sent from rural areas to attend Koranic 
schools in Senegal reportedly were exploited and forced to work as 
street beggars to earn money for the school leadership. The practice of 
buying and selling child brides also reportedly occurred on occasion.
    There were reports that customs, border guards, immigration 
officials, labor inspectors, or local police may have been bribed to 
facilitate such trafficking; however, no specific information was 
available.
    The Government has not prosecuted any cases against traffickers.

    Persons With Disabilities.--The law does not specifically prohibit 
discrimination against persons with disabilities, and the Government 
did not mandate building access for them or provide for equal access to 
employment and education; however, there were no reports of overt 
societal discrimination. The Government has made some efforts to assist 
military veterans with disabilities through pension programs, but these 
programs did not adequately address veterans' health, housing, and food 
needs.
Section 6. Worker Rights
    a. The Right of Association.--The Constitution provides all 
civilian workers with the freedom to form and join independent trade 
unions, and workers exercised this right in practice. The vast majority 
of the population worked in subsistence agriculture. Most union members 
were government or parastatal employees; only a small percentage of 
workers were in the wage sector and were organized.
    The law does not prohibit antiunion discrimination; however, no 
workers have alleged antiunion discrimination, and the practice was not 
believed to be widespread.
    Unlike in the previous year, there were no arrests of union 
leaders.

    b. The Right to Organize and Bargain Collectively.--The 
Constitution does not provide for or protect the right to bargain 
collectively; however, the tripartite National Council for Social 
Consultation conducted collective consultations on salary issues and 
draft legislation concerning labor issues. Most wages were established 
in bilateral negotiations between workers and employers.
    The Constitution provides for the right to strike and protection 
for workers from retribution for strike activities. The only legal 
restriction on strike activity was the requirement for prior notice. 
Unlike in the previous year, there were no widespread strikes by public 
employees.
    There are no export processing zones.

    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 Sections 5 and 6.d.).

    d. Prohibition of Child Labor and Minimum Age for Employment.--
There were no specific laws that protected children from exploitation 
in the workplace, and child labor occurred. The legal minimum age is 14 
years for general factory labor and 18 years for heavy or dangerous 
labor, including all labor in mines. These minimum age requirements 
generally were followed in the small formal sector, but the Ministry of 
Justice and the Ministry of Civil Service and Labor did not enforce 
these requirements in other sectors.
    Children in cities often worked in street trading, and those in 
rural communities did domestic and fieldwork without pay; children 
generally performed such labor to help support families or because of a 
lack of educational opportunities. The Government did not take action 
to combat such practices by year's end.

    e. Acceptable Conditions of Work.--The Government's Council of 
Ministers annually establishes minimum wage rates for all categories of 
work; however, it did not enforce them. The lowest monthly wage was 
$29.60 (14,800 CFA) per month plus a bag of rice. This wage did not 
provide a decent standard of living for a worker and family, and 
workers had to supplement their incomes through other work, reliance on 
the extended family, and subsistence agriculture.
    The law provides for a maximum 45-hour workweek; however, the 
Government did not enforce this provision. During the year, the 
Government resumed regularly paying its teachers, civil servants, and 
medical practitioners; the Government had not paid such salaries since 
2000.
    With the cooperation of the unions, the Ministry of Justice and 
Labor establishes legal health and safety standards for workers, which 
then are adopted into law by the National Assembly; however, these 
standards were not enforced, and many persons worked under conditions 
that endangered their health and safety. Workers do not have the right 
to remove themselves from unsafe working conditions without losing 
their jobs.


                                 KENYA

    Kenya is a republic dominated by a strong presidency. In December 
2002, citizens elected Mwai Kibaki of the opposition National Rainbow 
Coalition (NARC) as the country's third president. Kibaki succeeded 
Daniel Arap Moi, who led the former ruling party, the Kenya African 
National Union (KANU), and who served as President from 1978 to 2002. 
During the 2002 general elections, KANU, which had controlled both the 
presidency and the Parliament continuously since 1963, lost its 
parliamentary majority to NARC, a coalition of more than a dozen 
political parties, some of whose members included defectors from KANU. 
Observers concluded that the elections broadly reflected the popular 
will and were free and fair. The judiciary is constitutionally 
independent but was at times subject to executive branch influence. 
Judiciary reforms initiated in 2003 reduced corruption but also 
increased case backlogs.
    In addition to the armed forces, there is a large internal security 
apparatus that includes the police's Criminal Investigation Department 
(CID), the National Security Intelligence Service (NSIS), the National 
Police, the Administration Police, and the paramilitary General 
Services Unit (GSU), which detail members on a rotating basis to staff 
the 700-person Presidential Escort. The CID investigates criminal 
activity, and the NSIS collects intelligence and monitors persons 
considered subversive. These security forces are under the authority of 
the Minister of State for Provincial Administration and National 
Security in the Office of the President. While civilian authorities 
generally maintained effective control of the security forces, there 
were some instances in which the security forces acted independently of 
government authority. Because of a spiraling crime wave and a public 
perception that police were often either involved or complicit in 
criminal activity, in April, an active duty army officer replaced the 
police commissioner. Some members of the security forces committed 
serious human rights abuses.
    The economy is market-based, with the agricultural sector employing 
more than 70 percent of the country's population of approximately 32 
million. The economic growth rate for the year was projected to be 2.6 
percent, up from 1.8 percent in 2003. While the Government's estimate 
of the unemployment rate was 28 percent, other sources placed 
unemployment at more than 40 percent. In an effort to keep pace with 
inflation, during the year, the Government increased public sector 
salaries by an average of 11 percent. Most private sector employers 
also attempted to revise compensation to reflect changing economic 
conditions. Although many sectors continued to be dominated by state-
owned monopolies, the nonagricultural economy included large privately 
owned light manufacturing, commercial, and financial firms. Following 
the Government's adoption of two anti-corruption measures in 2003, 
major international financial institutions, which had suspended 
assistance in previous years, began to provide assistance, while other 
donors postponed flows of official development assistance after reports 
of renewed corruption surfaced. Approximately 56 percent of the 
population lived at or below the poverty level on less than $1 per day. 
The incidence of HIV/AIDS infection in adults fell to 7 percent from 
the previous year's estimate of 14 percent; although this 1-year 
decline was due more to a re-evaluation of previous data than to an 
actual decline in prevalence, it showed that prevalence was 
substantially lower than its estimated peak of 23 percent in the mid-
1990s. In July, President Kibaki declared a drought disaster affecting 
more than 10 percent of the population and appealed to international 
donors to provide food and non-food assistance through the end of the 
year. Security problems, as well as unreliable power and 
telecommunication systems and dilapidated roads, exacerbated economic 
problems and fueled disinvestment.
    The Government's human rights record remained poor, largely due to 
the abuses of its security forces; although there were a number of 
improvements, serious problems remained. Police committed unlawful 
killings, tortured and beat detainees, arrested citizens arbitrarily, 
and used excessive force. Despite some improvements, prisons remained 
seriously overcrowded, and conditions often were life threatening. 
Pretrial detention was a serious problem. There were fewer reports that 
authorities infringed on citizens' privacy rights. The Government 
occasionally attempted to restrict freedom of press and assembly; 
however, there were fewer reports of this than in previous years. 
Parliamentary and civic elections that took place during the year were 
generally free and fair, although some political parties attempted to 
bribe and intimidate voters. Vigilante justice, as well as mob and 
interethnic violence, continued to be problems. Violence and 
discrimination against women and abuse of children by citizens remained 
serious problems. Female genital mutilation (FGM), domestic violence, 
and child prostitution remained widespread. Child labor remained a 
problem, and there were instances of forced child labor. Trafficking of 
persons, including the theft of newly born children, was a problem that 
gained significant attention from the Government and media during the 
year.
    The Government instituted a number of reforms during the year to 
improve human rights. There were no politically motivated arrests or 
disappearances during the year. For prisons, the Government outlawed 
corporal punishment and liberalized regulations for family visitations. 
The Government allowed prisoners to vote and to sit for the Primary 
School Certificate examination. The Government also allowed human 
rights organizations to inspect prisons, although some organizations 
continued to have problems actually doing so. The Government arrested 
and prosecuted a number of police officers for abuses; however, most 
police who committed abuses were neither investigated nor punished. The 
Government created and activated a new institution to root out 
corruption, although, by year's end, the Government had not arrested or 
prosecuted any high-level government officials on corruption charges. 
Unlike in previous years, the Government did not harass NGOs. The 
Government began to equip public buildings with wheelchair ramps, 
elevators, and sanitary facilities and to broadcast some news programs 
in sign language. The Government generally protected the rights of 
workers to join unions and engage in collective bargaining.
                        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 reported 
during the year; however, security forces committed a number of 
unlawful killings. In its 2003 report, the Independent Medico Legal 
Unit (IMLU), a leading human rights nongovernmental organization (NGO), 
investigated 34 allegations of unlawful killings by the security 
forces; of these, 15 showed evidence of torture. During the year, IMLU 
reported that police officers killed 27 persons (compared with 117 in 
2003); another 6 were killed while in police custody (compared with 11 
in 2003). IMLU reported that at least 15 of these deaths were unlawful 
killings.
    There were reports that police summarily executed persons. For 
example, in March, police officers summoned a senior officer to 
Nairobi's industrial area after arresting three men in a mini-bus; upon 
arrival at the scene, the senior officer allegedly executed the three 
suspects. The Government declined to open an investigation into the 
case for lack of witnesses.
    In July, the police shot and killed seven persons in Kisii. The 
police released the names of the seven, claiming that all were well-
known criminals, that they were planning a robbery, and that they were 
killed in an exchange of gunfire with police. However, eyewitnesses 
said that a CID officer executed the seven after ordering them to lie 
down. Sources claimed that one or more of the victims planned to reveal 
the names of officers engaged in crime and were executed to keep them 
quiet. Two weeks after the seven were killed, two of those on the 
police list of those killed, Evans Omari Sianyo and James Kang'ethe, 
came out of hiding. This appeared to confirm the allegation that the 
police had the list before the seven victims were killed and that the 
two who came out of hiding had gotten word of their pending executions. 
IMLU and the Kenya National Commission on Human Rights (KNCHR), the 
Government's human rights watchdog agency, concluded that the killings 
were summary executions.
    Law enforcement officials maintained that security forces usually 
were justified in their use of deadly force because of the heavily 
armed, violent criminals they often encountered. Police claimed that 
criminals' more frequent use of sophisticated weapons had increased the 
risks faced by police in performing their duties. However, in 
responding to continuing high levels of crime, some police used 
excessive and deadly force, sometimes without apparent provocation. For 
example, in February, an Administration police officer shot and killed 
a secondary school student in Kisii while the student was fleeing from 
a riot. At year's end, the District Criminal Investigations Officer was 
conducting an inquest into the shooting.
    During the year, a number of persons died while in, or shortly 
after being in, police custody; however, there were fewer reports than 
in previous years. For example, in April, police arrested a man in 
Eastern Province on suspicion that he was about to break into a shop; 
police tied the man to a tree overnight, then took him the next day to 
a police station where he subsequently died. In July, an inmate at the 
Kitale prison died a few hours after guards beat him. The prison 
authorities said the inmate died of natural causes, but hospital 
authorities said he was beaten to death after trying to escape the 
prison.
    Also in July, a government pathologist, Moses Njue, testified he 
had been suspended from his job after releasing a postmortem 
examination report concluding that the police had tortured a prisoner 
to death in March 2002. Njue said police had threatened him with death 
if he did not rescind the report, but after Njue threatened to sue the 
Government, he was reinstated to his job in January.
    On September 27, five prisoners at Meru G.K. Prison died in their 
cell, and a sixth prisoner died en route to the hospital. According to 
an Amnesty International statement, the District Medical Officer said 
the prisoners, George Kimathi, Festus Ntombura, Bafa Gitonga, Joseph 
Thuku, Patrick Muriungi, and an unidentified sixth individual, died of 
suffocation and sustained injuries consistent with congestion. The 5 
were among 12 detained in a 3-by 6-foot cell. Prison officials at first 
attributed the deaths to ``a drunk-related illness.'' IMLU conducted an 
investigation, including autopsies, into the five deaths and concluded 
that four of the five died from blunt force trauma, the fifth from 
strangulation. According to IMLU's interviews, prisoners had been 
fighting for space in the cell, and prison guards beat the prisoners 
who died when they refused to re-enter the congested cell. In the 
course of its investigation, IMLU discovered that six other inmates in 
Meru prison had died under suspicious circumstances. IMLU's autopsies 
on these six revealed that four of the six had sustained head injuries 
consistent with blunt force trauma while the two others died of natural 
causes. Authorities suspended two senior Meru Prison officials, and 
Vice President Moody Awori, who is also the Minister for Home Affairs 
responsible for prisons, ordered an investigation into allegations that 
guards and other inmates beat the five deceased men. The investigation 
was ongoing at year's end.
    During the year, police at times used excessive force to disperse 
demonstrations and strikes, which resulted in deaths (see Section 
2.b.). In August, police shot and killed one man and injured others 
when they dispersed a mob in Nairobi's Kibera slum. Authorities did not 
investigate the incident.
    During the year, the Government took some steps to curb abuses by 
security forces. According to an IMLU report at the beginning of the 
year, out of 45 unlawful killings committed by police in recent years, 
the Attorney-General had ordered an inquest into only 3 of the cases. 
However, during the year the Government opened several more 
investigations into allegations of unlawful killings, some of which 
resulted in the arrest of police officers. For example, in February, 
police opened an investigation into the police shooting of Purity 
Mburu; police had opened fire on the vehicle in which Mburu was riding 
on the mistaken assumption that the car had been hijacked. In March, 
the Government opened a murder trial against six prison guards accused 
of killing six prisoners in the central part of the country in 2000. In 
May, nine policemen who beat to death a man with mental disabilities in 
Mwingi District were arrested and charged with murder. Also in May, 
Justice Minister Kiraitu Murungi ordered police to arrest, rather than 
kill, persons suspected of crimes. Police took a fellow officer into 
custody in connection with the shooting death of a rioter in Kisumu in 
early July. The Commissioner of Police opened an investigation into the 
conduct of the police during the Kisumu demonstrations, including 
specifically why it was necessary to use live, rather than rubber, 
bullets to disperse the crowds. Despite these efforts, most police who 
committed abuses were neither investigated nor punished.
    In July, Francis Kimanzi Mbaiya, an Administration police officer, 
was convicted of manslaughter and jailed for 10 years for having killed 
a Catholic monk 7 years previously.
    There were no developments in the 2003 case of Njuguna Kaboi, who 
had been found dead and handcuffed in a river after being held in 
police custody; in the March 2003 killing of Nixon Wanjala; or the June 
2003 deaths of William Guto and Thomas Osiago; all of whom reportedly 
died while in police custody; or in the investigation of the August 
2003 death of Alice Mwetu, who died 1 day after being released from 
jail.
    At year's end, five police officers accused of torturing to death 
Paul Kimani Wambiru in 2002 were standing trial in Nyeri High Court.
    At year's end, six police officers were on trial on charges that 
they tortured three suspects accused of the September 2003 killing of 
Crispin Odhiambo Mbai, the chairman of the Devolution Committee of the 
National Constitutional Conference (see Section 2.a.).
    During the year, there were numerous instances of mob violence and 
vigilante justice. The great majority of victims killed by mobs were 
suspected of criminal activities, including robbery, cattle rustling, 
and membership in terror gangs. Only a very few of these involved the 
Government.
    In May, police and civilians killed three men who allegedly had 
earlier robbed a bread van in Murang'a District. Also in May, villagers 
in Naivasha killed a man who had been released from prison on 
presidential clemency in December 2003 and burned down the house of one 
of the victim's alleged accomplices. In another May incident, villagers 
killed a man in Meru North District whom they suspected of killing a 9-
year-old herdsboy the previous week and of intending to assault 
sexually two other boys. In November, villagers killed a man in 
Kirinyaga District whom they accused of raping and killing a 14-year-
old girl. Most perpetrators of mob violence went unpunished, and there 
were no developments in cases reported in previous years.
    There were reports that mobs killed members of their communities on 
suspicion that they practiced witchcraft. For example, in May, 
villagers in Meru District burned to death a man they suspected to be a 
sorcerer; the villagers also razed the house of the deceased man's 
parents. In September, police said that unknown persons killed a 70-
year-old man in Coast Province for allegedly practicing witchcraft. In 
November, secondary school students attacked, but did not kill, a 
couple in their home in Kisumu District on suspicion that the woman had 
used witchcraft to cause the death of one of their classmates.
    Human rights observers attributed mob violence to a lack of public 
confidence in police and the judicial process. The social acceptability 
of mob violence also sometimes provided cover for apparent personal 
vengeance and the settling of land disputes.
    The Mungiki, a banned cultural and political movement based in part 
on Kikuyu ethnic traditions, was responsible for numerous attacks and 
killings during the year. Observers believed that as many as 14 
killings or disappearances of former Mungiki between February and June 
were meant to punish Mungiki defectors. In March, the police arrested 
30 Mungiki members, including the alleged kidnapper of a Mungiki 
defector, and charged them with various crimes, including the killings 
of a group of defectors. Later, police arrested an additional 100 
Mungiki, including 2 police officers, on charges of belonging to a 
banned organization. Police subsequently released 83 of those arrested. 
In May, unknown assailants beheaded one of the released prisoners, 
allegedly for having disclosed Mungiki secrets to police. In June, 
unknown assailants also killed a young woman with connections to 
Mungiki.
    In September, Central Province Commissioner Peter Raburu issued a 
shoot-to-kill order against Mungiki following a new wave of violence 
allegedly unleashed by the Mungiki in Maragua District; within days, 
higher authorities rescinded the order. Also in September, police in 
Nakuru District arrested a 78-year-old Mungiki member for the rape and 
beheading of a 13-year-old girl; the suspect allegedly administered 
oaths to new Mungiki recruits and killed the girl to cover up the rape. 
In December, police undertook a manhunt for alleged Mungiki who had 
been terrorizing public minibus riders and other residents over a 2-day 
period in a Nairobi.
    In December, a judge set free, due to lack of evidence, former 
Member of Parliament (M.P.) David Manyara and 12 alleged Mungiki. The 
13 had been in detention since January 2003 on charges they had killed 
10 persons in connection with the 2002 elections.
    Interethnic violence continued to cause numerous deaths (see 
Section 5).

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

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The Constitution prohibits such practices; however, while 
the Government has declared that torture is not acceptable and has 
taken steps to eliminate prisoner abuse, security forces continued on 
numerous occasions to use physical violence and torture during 
interrogation and as punishment both of pretrial detainees and 
convicted prisoners.
    Detainees frequently claimed that they had been tortured or abused, 
making it difficult to separate real from fabricated incidents; 
however, human rights organizations, churches, and the press 
highlighted and criticized numerous cases of torture and several cases 
of indiscriminate police beatings. During the year, IMLU received 304 
cases alleging torture at the hands of security officers, which 
represented an increase from the 230 allegations IMLU received in 2003. 
There were numerous cases of police torture that resulted in death (see 
Section 1.a.).
    In May, Agriculture Minister Kipruto Kirwa accused home guards in 
Trans Nzoia District of building torture cells and of chaining 
detainees to trees overnight in the rain; subsequently, police 
dismissed from employment 17 home guards from the area. In June, forest 
officers in Mount Elgon tortured a student by forcing him to sit on hot 
charcoal and also broke the legs of a herdsman, accusing the two of 
illegal grazing.
    There were no developments in the investigation of Maithya Kivuli, 
who died in 2003 after having been confined all night in a tiny room 
infested with ants, or in the case of Arwings Odera, a freelance 
journalist allegedly injured in 2002 by police.
    Police occasionally used excessive force to disperse demonstrations 
and strikes, which resulted in injuries (see Section 2.b.).
    Police occasionally abused street children (see Section 5, 
Children).
    Allegations of rape by security forces surfaced periodically (see 
Section 5). Late in 2003, 650 Maasai and Samburu women filed charges of 
rape against British soldiers who had, over the past 30 years, been 
involved in periodic training exercises near Mt. Kenya. The women also 
filed a multi-million dollar compensation suit against the British 
government. In April, an M.P. from the area, Mwangi Kiunjuri, claimed 
that 600 of the 650 cases were fraudulent and that a local organization 
called Impact urged local prostitutes to file false charges for money. 
Human rights groups, including the Federation of International Women 
Lawyers (FIDA), pressed the Government to continue its investigation, 
which was ongoing at year's end.
    Acts of violence, including rape, banditry, and shootings, occurred 
frequently near refugee camps (see Sections 2.d. and 5).
    Prison conditions continued to be harsh and life threatening. 
Prisoners were subjected to severe overcrowding, deficient health care, 
and unsanitary conditions, and received inadequate water, diet, and 
bedding. In September, jails housed 52,000 inmates, despite a capacity 
of 16,000. Meru Prison, built in 1950 with a capacity for 500 persons, 
held 1,600, of whom 200 were women. There were also 43 children 
belonging to women prisoners. During the year, some prisoners died (see 
Section 1.a.) of suspect causes. The courts partly were responsible for 
prison overcrowding, as the backlog of cases in the judicial system 
continued to fill the prisons with pretrial detainees.
    Police, prison guards, and inmates continued to subject prisoners 
to torture and inhumane treatment. However, unlike in previous years, 
there were no reports of particularly egregious abuses, such as the 
application of electrical shocks to genitalia, subjecting inmates to 
artificial light from a 150-watt bulb continuously for up to 24 hours, 
and female inmates being stripped and placed in solitary confinement in 
a flooded cell for up to a week.
    Rape of both male and female inmates, primarily by fellow inmates, 
was a serious problem, as was the increasing incidence of HIV/AIDS. 
Disease in prisons was widespread and a number of prisoners died due to 
life threatening prison conditions, including inadequate food and 
medical treatment. According to government statistics, 536 prisoners 
died in 2002, primarily as a result of pulmonary tuberculosis, 
gastroenteritis, pneumonia, and malaria. Dysentery, anemia, malaria, 
heart attack, typhoid fever, and HIV/AIDS also were common causes of 
death among prisoners. In March, IMLU said that government negligence 
was to blame for the increasing number of deaths among inmates.
    Prisoners generally received three meals per day; however, portions 
were inadequate, and prisoners were sometimes given half rations as 
punishment. Water shortages continued to be a problem in some prisons, 
particularly at the Kakamega Prison, where running water has not been 
available to prisoners for the last 5 years. In a change from 2003, the 
Government provided women with sanitary napkins.
    Prisoners sometimes were kept in solitary confinement far longer 
than the maximum 90 days allowed by law. Prisoners and detainees 
frequently were denied the right to contact relatives or lawyers. 
Family members visiting prisoners faced numerous bureaucratic and 
physical obstacles, each requiring a bribe.
    In August, the People Daily reported that prison officers at Thika 
Prison routinely released prisoners and colluded with them to commit 
crimes. The newspaper added that torture, illegal sales of hard drugs, 
and sexual abuse were routine in the prison. In September, 3 prison 
guards at a facility in Naivasha went on trial for helping 28 pretrial 
detainees accused of capital offenses escape from that prison; the 
escapees were captured in possession of all their personal effects, 
which normally would have been confiscated when they entered the 
prison. The trial was ongoing at year's end.
    Nearly all prisoners serving more than 6 months in prison worked in 
prison industries and farms. The Government reported that prisoners 
could earn approximately $0.62 (50 shillings) per year or $0.20 (16 
shillings) per item produced. Prisoners could, with permission, work 
beyond the 8-hour day to produce goods, from which they earned two-
thirds of the profits. Prisons were unable to invest the estimated 
annual profits of $826,600 (67 million shillings) in the prisons 
because income generated was sent directly to the Government 
Consolidated Fund. Prisoners complained of being overworked; however, 
many inmates left prison with a valid trade certificate. Unlike in the 
previous year, there were no allegations that prison officials used the 
free prison labor for personal profit
    The Government made efforts to reduce understaffing and 
overcrowding at youth detention centers. Unlike in previous years, 
there were no reports that juvenile detainees were subjected to 
corporal punishment.
    Men, women, and children officially were kept in separate cells. 
There were no reports that men and women were placed in the same cells. 
However, teenagers frequently were kept in cells with adults in 
overcrowded prisons and detention centers.
    During the year, pretrial detainees were housed in the same 
facilities as convicts in some prisons. In Kamiti Prison, detainees 
were housed with patients having mental disabilities.
    The Government implemented several reforms in prisons, including 
allowing inmates to receive education and improved medical treatment, 
to wear shoes and to vote, and to have greater visitation rights, 
including inspections by human rights groups. In April, the Government 
began providing instruction in human rights to prison staff. The 
Government also outlawed corporal punishment of prisoners and began 
allowing conjugal visits. In addition, the Government continued its 
Community Service Order, allowing prisoners to serve out their 
sentences in community service rather than in prisons; however, 
magistrates did not fully utilize community service as an alternative 
to custodial sentences for petty offenders, and there were delays in 
releasing petty offenders already committed to the community service 
program.
    The KNCHR, as well as the International Committee of the Red Cross 
(ICRC), had the authority to inspect prison facilities on demand at any 
time; however, the Government did not permit consistent independent 
monitoring of prison conditions, and the ICRC did not visit the country 
during the year. In February, an IMLU official was ordered to leave 
Kamiti Maximum Security Prison even though he was on an official visit 
in the company of two KNCHR commissioners. In August, police denied a 
KNCHR commissioner and other human rights monitors access to Laikipia 
police station cells and refused to allow the team to conduct 
interviews with 100 herdsmen who had been arrested on charges of cattle 
rustling. Later, police stopped the human rights group along the road, 
threatened to kill them, and confiscated a videotape that contained 
evidence of human rights abuses. The Government occasionally granted 
permission to domestic NGOS to visit prisons; however, obtaining such 
permission was difficult.
    Some independent NGOs worked with the Government in evaluating 
torture cases and performing autopsies on deceased prisoners. In June, 
IMLU and another human rights NGO, People Against Torture, organized a 
clinic that provided medical, legal, and psychological counseling 
services to inmates (about two-thirds convicts and one-third pretrial 
detainees) at Kerugoya Prison in Kirinyaga District. In December, IMLU 
visited 16 prisons throughout the country. On one occasion, the 
Government allowed access to the media and permitted the use of 
television cameras in a prison.

    d. Arbitrary Arrest or Detention.--The Constitution prohibits 
arrest or detention absent a court order unless there is reasonable 
suspicion of a suspect having committed, or being about to commit, a 
criminal offense under the law; however, police occasionally arrested 
and detained citizens arbitrarily.
    There is a large internal security apparatus that includes the 
police's CID, the NSIS, the National Police, the Administration Police, 
and the paramilitary GSU. The CID investigates criminal activity, and 
the NSIS collects intelligence and monitors persons considered 
subversive. There was a public perception that police often were 
involved or complicit in criminal activity. During the year, an active 
duty army officer replaced the police commissioner
    Police corruption was systematic and widespread. A December survey 
by Transparency International found that the police force was viewed as 
the most corrupt entity within the country. Police often arrested 
citizens arbitrarily, sometimes with the sole purpose of extorting 
bribes. Police, in conjunction with prosecutors, resorted to 
unexplained illegal confinements, extortion, torture, and the 
preferring of highly questionable and fabricated non-bailable charges 
as a cover-up for malpractice. Police often held detainees for lengthy 
periods without trial.
    Impunity was a serious problem. Officers were rarely prosecuted for 
using excessive force. Authorities sometimes attributed the absence of 
an investigation into an unlawful killing to the failure of citizens to 
file official complaints. However, the required complaint form was 
available only at police stations, and there was considerable public 
skepticism of a process that assigned the investigation of police abuse 
to the police themselves.
    During the year, the Government took some steps to curb abuses of 
authority by police (see Sections 1.a. and 1.c.). The Government 
arrested and charged several police officers for various offenses, 
including corruption; however, the Government did not provide details 
on how many of these indicted police officers were tried, acquitted, 
convicted, or imprisoned. To reduce incentives for corruption, the 
Government provided the police with a 115 percent increase in salaries, 
beginning in January.
    During the year, police officially adopted and began using the FIDA 
curriculum on gender-based violence.
    The Constitution provides that persons arrested or detained be 
brought before a court within 24 hours in non-capital offenses and 
within 14 days in capital cases. The Penal Code specifically excludes 
weekends and holidays from this 14-day period. For those who were 
charged, it often was possible to be released on bail with a bond or 
other assurance of the suspect's return, but many indigent pretrial 
detainees could not afford even the lowest bail.
    The law does not stipulate the period within which the trial of a 
charged suspect must begin. Police from the arresting location were 
responsible for serving court summons and for picking up detainees from 
the prison each time the courts heard their cases. Police often failed 
to show up or lacked the means to transport the detainees, who then 
were forced to await the next hearing of their case.
    The law provides that families and attorneys of pretrial detainees 
are allowed access to them; however, this right often was not honored 
(see Section 1.c.). Family members and attorneys may visit convicted 
prisoners only at the discretion of the authorities, and permission to 
do so frequently was denied.
    Arbitrary arrest was a problem. In May, administration police 
officers arrested Elijah Irungu Muthoni in Nairobi; Irungu claimed that 
police beat him, planted an illegal drug on his body, and demanded a 
bribe of $40 (approximately 3,270 shillings) for his release. There was 
no information on his release. Also in May, police arrested 17-year-old 
Margaret Muthoni Murage on theft charges; the day after her arrest, 
Murange, who was 6 months pregnant, miscarried; she claimed that police 
beat her. In June, police arrested and beat David Ndegwa Kimemia on 
allegations that he had abused an area chief; Ndegwa suffered a broken 
leg and was charged with creating a disturbance. In both the Murange 
and Kimemia cases, the Litigation Fund Against Torture has retained 
counsel to represent the accused, and the cases were ongoing at year's 
end. According to IMLU, none of these arrests was made with a proper 
warrant.
    Police continued to conduct massive searches ("sweeps") for illegal 
immigrants, criminals, and firearms; citizens frequently accused police 
officers of soliciting bribes or falsely arresting individuals to 
extract bribes during such searches. The Litigation Fund Against 
Torture claimed that innocent persons in low-income areas of Nairobi 
were caught in these sweeps and arrested frequently for failing to 
carry identification cards, or simply for loitering, idling, or looking 
suspicious. In April, M.P.s criticized Internal Security Minister Chris 
Murungaru over continued allegations of police harassment of civilians, 
including the arrest of innocent persons to extract bribes in exchange 
for their release.
    Unlike in previous years, there were no reports that police 
arrested journalists or NGO members.
    Lengthy pretrial detention continued to be a serious problem. The 
Government reported that approximately 33 percent of the prison 
population consisted of pretrial detainees. The Government claimed the 
average time spent by suspects in pretrial detention on capital charges 
was approximately 16 months; however, many detainees spent more than 3 
years in prison before their trials were completed. Very few could 
afford attorneys. The Government acknowledged cases in which persons 
were held in pretrial detention for several years.
    In March 2003, the media reported that Joseph Kamau Njoroge had 
served 18 years in prison awaiting the outcome of his trial and that 
Wanjiku Kamandere had served 17 years in prison on pretrial detention; 
both men continued to remain in custody at year's end.

    e. Denial of Fair Public Trial.--The Constitution provides for an 
independent judiciary; however, the executive branch often influenced 
the judiciary. The President has extensive powers over appointments, 
including those of the Attorney General, the Chief Justice, and Appeal 
and High Court judges. The President also can dismiss judges and the 
Attorney General upon the recommendation of a special tribunal 
appointed by the President. Although judges have life tenure (except 
for the very few foreign judges hired by contract), the President has 
extensive authority over transfers.
    Reforms begun in 2003 reduced corruption in the judiciary during 
the year. In 2003, the anti-corruption authority cited credible 
evidence of corruption against 5 of 9 Appeal Court judges and proof of 
graft and misconduct against 18 of 36 High Court Judges and 82 of 254 
magistrates; 38 magistrates were suspended (although by year's end most 
had resumed work to alleviate the caseload backlog), and 44 others were 
transferred. However, by year's end no legal charges had been filed 
against any of the judges suspended or transferred in 2003.
    The court system consisted of a Court of Appeals, a High Court, and 
two levels of magistrate courts, where most criminal and civil cases 
originated. The Chief Justice was a member of both the Court of Appeals 
and the High Court. Military personnel were tried by military courts-
martial, and verdicts may be appealed through military court channels. 
The Chief Justice appointed attorneys for military personnel on a case-
by-case basis.
    Civilians are tried publicly, although some testimony may be given 
in closed session. The law provides for a presumption of innocence, and 
defendants have the right to attend their trial, to confront witnesses, 
and to present witnesses and evidence. Civilians also can appeal a 
verdict to the High Court and ultimately to the Court of Appeals. 
Judges hear all cases. In treason and murder cases, the deputy 
registrar of the High Court can appoint three assessors to sit with the 
High Court judge. The assessors are taken from all walks of life and 
received a sitting allowance for the case. Although the assessors 
render verdicts, their judgments are not binding. Lawyers can object to 
the appointments of specific assessors.
    Defendants do not have the right to government-provided legal 
counsel, except in capital cases. For lesser charges, free legal aid 
rarely was available, and then only in Nairobi and other major cities 
where some human rights organizations, notably FIDA, provided legal 
aid. As a result, poor persons may be convicted for lack of an adequate 
defense. Defense lawyers do not always have access to government-held 
evidence in advance of a trial. The Government can plead the State 
Security Secrets law as a basis for withholding evidence, and local 
officials sometimes classified documents to hide the guilt of 
government officials. Court fees for filing and hearing cases were high 
for ordinary citizens. The daily rate of at least $25 (approximately 
2,040 shillings) for arguing a civil case before a judge was beyond the 
reach of most citizens.
    The Constitution provides for Islamic courts that use Shari'a law 
and states that the ``jurisdiction of a Kadhi's court shall extend to 
the determination of questions of Muslim law relating to personal 
status, marriage, divorce, or inheritance in proceedings in which all 
the parties profess the Muslim religion.'' There were no other 
customary or traditional courts in the country. However, the national 
courts used the customary law of an ethnic group as a guide in civil 
matters as long as it did not conflict with statutory law. This 
occurred most often in cases that involved marriage, death, and 
inheritance issues and in which there was an original contract founded 
in customary law. Citizens may choose between national and customary 
law when they enter into marriage or other contracts; however, 
thereafter the courts determine which kind of law governs the 
enforcement of the contract. Some women's organizations sought to 
eliminate customary law, arguing that it was biased in favor of men 
(see Section 5).
    The Government significantly reduced the use of the legal system to 
harass government critics. Observers believed that most of those held 
at the end of 2003 had been released on bail and that the Government 
did not intend to pursue the charges against them.
    Unlike in past years, the Attorney General's constitutional power 
to discontinue proceedings in private prosecution cases was not a 
problem.
    There were no reports of political prisoners. Unlike in years past, 
there were no reports that police arrested and jailed political and 
human rights activists on spurious charges to curb their activities. 
Human rights activists Nicodemus Mutuki and Alois Mwaiwa Muia continued 
to have an appeal pending in connection with their acquittal in 2002 on 
murder charges.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The Constitution prohibits such actions, except ``to 
promote public benefit''; however, authorities sometimes infringed on 
citizens' privacy rights. The Police Act permits police to enter a home 
forcibly if the time required to obtain a search warrant would 
``prejudice'' the investigation. Although security officers generally 
obtained search warrants, they occasionally conducted searches without 
warrants to apprehend suspected criminals or to seize property believed 
stolen (see Section 1.d.). Unlike in the previous year, there were no 
complaints that police confiscated personal items when conducting 
occasional ``sweeps'' of suspected criminals.
    There was a marked decrease in the monitoring of dissident 
activities by security forces.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The Constitution provides for 
freedom of speech and of the press; however, the Government sometimes 
restricted these rights, and there were some reports that security 
forces harassed, beat, or arrested members of the media during the 
year. The regulatory framework for broadcast media allowed abuse and 
manipulation in the issuing, withholding, and revoking of broadcast 
permits and frequencies. Despite these pressures, the press, civic 
organizations, and opposition parties continued to present their views 
to the public, both in the print and electronic media. Journalists 
practiced self-censorship.
    The Government broadly interpreted existing laws to restrict 
freedom of expression. Both the Constitutional prohibition of debates 
on issues under consideration by the courts and a ruling by the Speaker 
of the House against parliamentary debate of certain aspects of 
presidential conduct limited the scope of deliberation on a number of 
political issues.
    In general, the media remained candid and independent. The 
mainstream print media included four daily newspapers that reported on 
national politics: The Nation, an independent daily that has long 
published articles generally critical of government policies; the East 
African Standard, which previously reflected KANU party views, but 
became more independent after the December 2002 elections; the People 
Daily, owned by an opposition politician and highly critical of the 
Government; and the Kenya Times, which generally reflected opposition 
KANU party views. There also were numerous independent tabloid 
periodicals, which appeared irregularly and were highly critical of the 
Government. Reporting in these tabloids ranged from revealing insider 
reports to unsubstantiated rumor mongering.
    The government-owned Kenya Broadcasting Corporation (KBC), the 
country's oldest broadcaster, was the only station with a national 
network of broadcast and cable television, AM and FM radio, and short-
wave broadcasts. In the past, KBC generally did not criticize the 
Government; however, under its current, more independent managing 
director, KBC coverage was more balanced. KBC's monopoly on national 
broadcasting continued to limit the ability of opposition leaders and 
other critics of the Government to communicate with the electorate 
outside the capital. Stations operated by other media companies, 
including 12 radio stations, operated primarily along the country's 
central corridor and more densely populated adjacent regions, the areas 
most commercially viable for private broadcast media.
    Kenya Television Network, which was owned by KANU supporters, aired 
news programs with more balanced political coverage than KBC and 
remained the leading private television broadcaster. Stellavision, 
which also was owned by KANU supporters, rebroadcast SKY TV and British 
Broadcasting Corporation world news. Other television stations 
operating in Nairobi were Nation-TV, associated with the Nation media 
group, and Family, a Christian-oriented broadcaster. Citizen TV and 
Citizen Radio broadcast pro-government news and information programs.
    Representatives of the international media remained free to 
operate; 120 international correspondents worked in the country, and 
approximately 100 media organizations reported out of Nairobi.
    Kenyan journalists continued to be susceptible to harassment, 
intimidation, and arrest; however, there were fewer reports of 
harassment than in previous years. One such incident occurred on 
September 24, when approximately 20 masked gunman claiming to be police 
ransacked the offices of 2 newspapers, the Weekly Citizen and the 
Independent. The gunmen, who showed no identification, seized or 
destroyed computers, disks, scanners, printers, and other office 
equipment, allegedly to prevent publication of a government 
investigation into land-grabbing. Reporters Without Borders called on 
police to identify the individuals who carried out the raids and asked 
the Government to punish those responsible and compensate the 
newspapers. At year's end, no progress has been made in the 
investigation of this incident.
    Police occasionally dispersed demonstrators to prevent criticism of 
the Government, and journalists covering such events often were present 
during the dispersal (see Section 2.b.).
    The court case against East African Standard journalist David 
Makali for the alleged theft of a police tape containing the confession 
of suspects in the killing of University of Nairobi professor Crispin 
Odhiambo Mbai (see Section 1.a.) continued at year's end.
    No further action was taken against those responsible for 
assaulting journalists in 2003 and 2002.
    The Government reduced its selective prosecution of journalists 
under a colonial-era section of the Penal Code criminalizing the 
publication of information likely to cause fear or alarm.
    The Media Bill requires publishers to purchase a bond of $12,800 
(approximately 1 million shillings) before printing any publication and 
to deposit copies of their newspapers and books with a registrar within 
2 weeks of publication. The law makes it a crime to sell or distribute 
publications not deposited or bonded, under penalty of a fine of $256 
(approximately 21,000 shillings) or 6 months' imprisonment. Some 
members of the media were concerned that the Government would use this 
law, as well as the Books and Newspapers Act and the Official Secrets 
Act, to stifle freedom of expression; however, the law generally was 
not enforced.
    The regulatory framework for broadcast media continued to allow 
abuse and manipulation in the issuance, withholding, and revoking of 
broadcast permits and frequencies. However, the Government revised 
regulations and procedures during the year to streamline and regularize 
cumbersome licensing procedures. The Government issued additional 
licenses during the year, including an additional frequency to owners 
of the popular but controversial KISS FM radio station.
    Despite licensing the East African Television Network (EATN) to 
broadcast, because of a dispute, the Government continued to block EATN 
from using the frequencies, and the case was pending in the courts at 
year's end.
    In the early months of the year, Citizen Radio jammed broadcasts of 
its competitor, KISS FM, over a management dispute. Authorities 
established that the broadcasts that had jammed the frequencies of KISS 
over 2 1/2 days originated from Citizen Radio's studios. As a result, 
the Government confiscated some of Citizen Radio's transmitters and 
fined Royal Media.
    In April, after KISS FM made critical comments about Water Minister 
Martha Karua, the Minister sued two of the station's announcers. The 
Minister of Information and Communications, Raphael Tuju, subsequently 
created a media review board to decide what was acceptable on the 
public airwaves. The Kenyan Union of Journalists and civil society 
organizations criticized the establishment of the review board as an 
attempt to restrict freedom of the press. The board, headed by the 
chair of the KNCHR, recommended regulations of the media related to 
violence or sexually explicit content, but not other types of 
expression. The Government reportedly rejected the report. Neither the 
lawsuit nor the work of the media review board resulted in any concrete 
changes.
    Toward the end of the year, there were reports of an increased use 
of criminal libel laws by individuals closely associated with 
government officials to intimidate journalists and publications. There 
were no developments in previous cases brought by M.P. Nicholas Biwott 
and State Comptroller Matere Keiri. Printers and distributors, as well 
as retail stores, were equally responsible with publishers and authors 
for libelous content.
    Individual journalists practiced self-censorship because they 
experienced pressure or received bribes from government officials and 
other influential persons to avoid reporting on issues that could harm 
the interests of these persons or expose their alleged wrongdoings. 
There also were credible reports that journalists accepted payments to 
report or withhold certain stories, some of which were fabricated.
    Sedition was not grounds for censorship of publications; however, 
the Prohibited Publications Review Board reviewed publication bans. A 
number of publications remained banned, including such works as ``The 
Quotations of Chairman Mao Zedong'' and Salman Rushdie's ``Satanic 
Verses.''
    The Government did not restrict access to the Internet.
    There were fewer reports during the year that the Government and 
school administrators limited academic freedom. In the past, lectures 
involving outside speakers and public audiences were routinely banned; 
however, such lectures occurred frequently during the year. Most 
notable were those of the writer Ngugi wa Thiong'o, who returned to the 
country after 22 years of self-imposed exile and delivered lectures at 
universities throughout the country. In addition, a previously banned 
teacher's union was reinstated and engaged in salary negotiations.

    b. Freedom of Peaceful Assembly and Association.--The Constitution 
provides for freedom of assembly; however, the Government occasionally 
restricted this right in practice. Organizers must notify the local 
police in advance of planned public meetings, and authorities may 
cancel such gatherings only if there are simultaneous meetings 
previously scheduled for the same venue, or if there are specific 
security threats; however, authorities sometimes disrupted public 
demonstrations and meetings even when the police had been informed in 
advance, often characterizing them as ``illegal'' gatherings. There 
were fewer reports than in previous years.
    Police attempted to prevent some political and civil society 
activities from occurring during the year, but, in the end, allowed 
almost all to occur.
    On May 14, police halted one fund-raising event and attempted to 
break up another near the town of Eldoret in Rift Valley Province. The 
following day, police halted a fund-raising event in Keiyo District, 
also in Rift Valley Province. In two of the three incidents, the police 
used some violence, although no one was seriously injured. All three 
events were organized by KANU, the opposition political party, and were 
intended to raise money for two secondary schools and a medical clinic. 
KANU officials claimed they had properly informed the police of all 
three events but that the police had nevertheless broken up the rallies 
on instructions from the Government.
    During the year, police occasionally used excessive force to 
disperse demonstrations; however, there were fewer reports than in 
previous years. On July 3, police used tear gas, high pressure hoses, 
horses, helicopters and, reportedly, rubber bullets to disperse groups 
that were demonstrating against the failure of the Government to enact 
a new constitution by June 30 as had been promised by President Kibaki. 
Some demonstrators damaged property and engaged in looting, acts that 
police said justified their use of force. The group organizing the 
demonstrations had been granted permits to hold the demonstrations 
(even though technically no permits were needed) earlier in the week, 
but the Government had rescinded the permits on July 2. The following 
week, police used live ammunition, killing two persons and injuring 
several dozen others, to disperse demonstrators and rioters in the 
Western Province town of Kisumu; the demonstration in Kisumu was also 
held to protest the Government's failure to enact a new constitution 
(see Section 1.a.).
    A police officer was taken into custody in connection with one of 
the shooting deaths in Kisumu in early July, and the Commissioner of 
Police announced that he had opened an investigation into the conduct 
of the police during the demonstrations, including specifically why it 
was necessary to use live, rather than rubber, bullets to disperse the 
rioters.
    No action was taken against security forces who used excessive 
force to disperse demonstrations in 2003 and 2002. The investigation 
into the 2002 violent dispersal of a demonstration organized by the 
Center for Human Rights and Civic Education in Mwingi District was 
ongoing at year's end, and no developments were expected.
    There were some violent incidents between progovernment supporters 
and opposition supporters during the year (see Section 3).
    The Constitution provides for freedom of association, and the 
Government generally allowed this in practice. The Societies Act 
requires that every association be registered or exempted from 
registration by the Registrar of Societies. Approximately 40 political 
parties were registered. The only party denied registration was the 
Islamic Party of Kenya (IPK); however, the IPK had not resubmitted an 
application to register since NARC came to power in 2002.
    The Mungiki, whom the Moi government outlawed along with a number 
of other groups in 2002, remained banned. The Mungiki espoused 
political views and cultural practices that were controversial in 
mainstream society; many of its members engaged in criminal activities 
and harassed and intimidated residents in areas where the group was 
active (see Section 1.a.). The number of Mungiki members was unknown, 
but the group had a significant following among the unemployed and 
other marginalized segments of society. Other groups that remained 
banned included the Kamjesh, Chinnololo, Sanina Youth, Baghdad Boys, 
Jehila Embakai, Jeshi la Mzee, Nmachuma, and the Taliban.

    c. Freedom of Religion.--The Constitution provides for freedom of 
religion, and the Government generally respected this right in 
practice. Unlike in previous years, the Government generally did not 
interfere with any activities of religious groups, although some Muslim 
leaders charged that the Government was hostile toward Islam.
    The Government required religious organizations to register with 
the Registrar of Societies, which reported to the Office of the 
Attorney General. The Government allowed traditional indigenous 
religious organizations to register, although many chose not to do so. 
Religious organizations generally received equal treatment from the 
Government; however, some small splinter groups found it difficult to 
register due to their inability to define their status as more than an 
offshoot of a larger religious organization.
    There generally was considerable tolerance among religious groups; 
however, some Muslims believed they were treated as second-class 
citizens in a predominantly Christian country. Muslims continued to 
complain that non-Muslims received better treatment when requesting 
citizenship documents. According to Muslim leaders, government 
authorities scrutinized more rigorously the identification cards of 
persons with Muslim surnames and sometimes required them to present 
additional documentation of their citizenship, such as birth 
certificates of parents or grandparents. In the past, the Government 
had singled out the overwhelmingly Muslim ethnic Somalis as the only 
group whose members were required to carry an additional form of 
identification to prove citizenship; however, this policy was no longer 
enforced.
    The Government and Muslim and Christian groups remained engaged in 
a long-standing debate over whether special Islamic courts should be 
recognized in the country's Constitution. Muslims and human rights 
groups also voiced concerns over a proposed antiterrorism bill, 
claiming it would be used to target Muslims, and over government 
assistance to Islamic schools, fearing a dilution of Islamic teachings.
    In May, police arrested a Nigerian pastor, a prominent doctor, and 
six other members of Winners Chapel International in the Western 
Province town of Kitale and charged them with torturing a church 
member. Local newspapers alleged that the man was tortured to force him 
to give up his child as a human sacrifice. The Nigerian-based religion, 
which has 10 churches in the country, denied the allegations.
    Also in May, members of the Seventh-day Adventist Church claimed 
that they were among hundreds of workers fired by private companies 
operating in Nairobi's export processing zone (EPZ). The church members 
claimed that they lost their jobs because they refused to work on 
Saturdays.
    At year's end, an inquest continued into the 2000 death of Father 
John Anthony Kaiser, a Catholic priest working in the country for more 
than 30 years. Although there was much public speculation to the 
contrary, an investigative report released by a foreign government in 
2001 concluded that the evidence was most consistent with suicide and 
that it was unlikely that Father Kaiser had been killed.
    There have been no developments in the March 2003 killing of Joseph 
Okech, who died in a fight during Sunday services between two factions 
of St. Stephen's Church in Dandora.
    There were no further developments in incidents from previous years 
regarding disputes over land ownership and institutional conflicts 
between rival religious factions.
    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 generally respected them in practice.
    Police routinely stopped vehicles and checked vehicle safety and 
driver documents on roads throughout the country. Police often demanded 
bribes at such checkpoints. Ethnic Somalis were no longer required to 
provide additional identification.
    The Government did not restrict foreign travel or emigration. Civil 
servants and M.P.s must get government permission for international 
travel, which generally was granted.
    The Constitution prohibits forced exile, and the Government did not 
use it in practice.
    Some of the several thousand persons displaced by ethnic clashes 
have not returned to their homes due to fear of renewed violence (see 
Section 5).
    The law does not provide for the granting of asylum or refugee 
status in accordance with the 1951 U.N. Convention Relating to the 
Status of Refugees or its 1967 Protocol, but the Government worked 
closely with the United Nations High Commissioner for Refugees (UNHCR) 
to provide 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 UNHCR granted refugee status to Somali refugees at the 
Dadaab camps and to Sudanese refugees at the Kakuma camp. A UNHCR 
eligibility committee in Nairobi performed a similar function for 
individuals of other nationalities.
    The Government also provided temporary protection to individuals 
who may not qualify as refugees under the 1951 U.N. Convention or its 
1967 Protocol. The Government provided temporary protection to the 
approximately 200,000 refugees registered by UNHCR who lived in 
official UNHCR camps. An undetermined number of refugees lived outside 
the camps in cities and rural areas. Somalis accounted for 
approximately 65 percent of the total refugee population, followed by 
large numbers of Sudanese and smaller numbers of other nationalities 
from across the region.
    The Government required that all refugees reside at designated 
camps, most of which were located near the Somali and Sudanese borders, 
unless granted permission to live elsewhere in the country. Such 
permission was given primarily to attend higher education institutions, 
undergo medical treatment, or avoid security threats at the camps. 
However, many refugees lived illegally outside the camps, especially in 
Nairobi.
    Incidents of rape of women and girls in refugee camps continued to 
occur. Many rapes occurred when women and girls collected firewood and 
building materials outside the camps; however, reported rapes declined 
during the year.
    Acts of violence, including banditry and shootings, occurred 
frequently near the camps. Refugees were mistreated and abused by 
citizens and by residents of different refugee camps because of ethnic 
and religious differences. Interclan violence frequently erupted among 
rival Somali clans at the camps (see Section 5); family members also 
may subject to abuse Somali refugees who marry non-Muslims.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The Constitution provides citizens the right to change their 
government through free and fair multiparty elections; citizens only 
fully realized this right in December 2002, when they chose a new 
president through an election for the first time since former President 
Moi was elected in 1978. The December 2002 elections were the country's 
third multiparty elections for presidential, parliamentary, and civic 
seats. Five presidential candidates contested the elections, but the 
main contestants were KANU candidate Uhuru Kenyatta and NARC candidate 
Mwai Kibaki, a Vice-President and Minister of Finance in former 
President Moi's government. NARC was a coalition of more than a dozen 
political parties, including former members of KANU, who formed a 
united front to contest the December general elections. Since 
independence in 1963, KANU had continuously controlled both the 
presidency and the national legislature. President Kibaki won 61.9 
percent of the vote in the 2002 election, which was largely peaceful 
and determined by international observers to reflect the will of the 
people.
    In the 2002 elections for the 222-member National Assembly, 210 
seats were elected and 12 were nominated. Three by-elections--two in 
2003 and two during the year--did not change the representation of the 
political parties in the national legislature. The NARC coalition held 
132 seats (7 nominated); KANU held 68 seats (4 nominated); Ford-P held 
15 seats (1 nominated); Safina, Ford-A, and Sisi held 2 seats each; and 
Shiriksho held 1 seat. Observers concluded that the two by-elections 
also broadly reflected the popular will, although both were marred by 
voter intimidation and bribery.
    The Liberal Democratic Party (LDP), whose M.P.s hold 6 positions as 
ministers and 10 as assistant ministers in the Government, was widely 
seen as an opposition party within the Government. In June, President 
Kibaki named three M.P.s as ministers and four as assistant ministers 
from the principal opposition party, KANU; one KANU Assistant Minister 
resigned in September. Both LDP and KANU filed lawsuits alleging that 
the Constitution prohibits the President from naming ministers or 
assistant ministers without the consent of the parties through which 
the nominees were elected to Parliament. Both cases were pending at 
year's end.
    Police or organized youth gangs disrupted or forced the 
cancellation of some opposition meetings and rallies during the year, 
and politicians and public servants routinely warned political rivals 
against campaigning in their areas. On March 22, a gang of youths 
attacked Cabinet Minister Raila Odinga and LDP Secretary General Joseph 
Kamotho in Coast Province. The two politicians accused their nominal 
allies within the Government of hiring the youths to attack them. In 
April, assailants in Kisumu stoned the vehicle of Orie Rogo Manduli, 
who was the KANU candidate in a by-election for a seat in the National 
Assembly. Manduli blamed her opponent, Reverend Ken Nyagudi, for the 
attack; Nyagudi, who eventually won the seat as the candidate for the 
ruling NARC coalition, denied involvement. In December, unknown persons 
stoned vehicles and attacked politicians campaigning for various 
candidates in a by-election in Coast Province.
    At the local level, President Kibaki released some funding for 
provincial and district governments through the Local Constituency 
Fund; however, he continued to exercise tight control over local 
administrations. The President appoints both the powerful provincial 
and district commissioners and numerous district and village officials. 
Elected local councils exist, but the central Government continued to 
restrict their functions. For example, early in the year the Minister 
of Local Government dismissed all the municipal councilors in the port 
city of Mombasa. Although rural and municipal councils are authorized 
by law to provide a wide range of health, education, and infrastructure 
services, in practice, their functions were limited to partial 
oversight of schools, secondary and tertiary roads, markets, and 
natural resources such as forests. Most councils lacked sufficient 
financial autonomy and revenues to perform adequately even these 
limited functions.
    At the national level, the Constitution authorizes the President to 
dissolve the legislature and prohibits parliamentary debate on issues 
under consideration by the courts. M.P.s were entitled to introduce 
legislation, but, in practice, it generally was the Attorney General 
who did so. President Kibaki exercised considerably less influence over 
the legislative agenda than did former President Moi. For example, 
during the year, KANU and LDP M.P.s combined to defeat a government 
bill dealing with forestry protection. The National Assembly had the 
power to hire its own staff and to vote its own budget.
    In March, the Constitution of Kenya Review Commission completed 
work on the drafting of a new constitution, but the Government refused 
to accept the draft. At year's end, the fate of the draft constitution 
remained subject to legal and political debate.
    Frequent press reports fueled a widespread public perception that 
large-scale corruption at the highest levels of government and in 
Parliament continued unabated. The Anti-Corruption and Economic Crimes 
Bill, which sets rules for transparency and accountability, and the 
Public Officer Ethics Bill, which requires high government officials 
and their spouses to declare their wealth, were enacted. The Government 
also established an anticorruption authority to investigate and 
prosecute cases of corruption and appointed an anticorruption czar. 
Some anticorruption institutions began actively to pursue their 
mandates. In April, police arrested opposition M.P. William Ruto on 
charges of corruption that had occurred during the Moi administration; 
his case was ongoing at the end of the year. In August, the courts 
sentenced a prominent businessman and the former general manager of the 
National Bank of Kenya to 2 years in prison in connection with a 
corruption scandal that occurred 10 years ago. In September, the courts 
sentenced Dr. Margaret Gachara, the former director of the National 
AIDS Control Council, to 1 year in jail for misappropriation of funds; 
President Kabaki released Gachara, along with some 600 other prisoners, 
in December. The Government also suspended a number of high-ranking 
officials during the year pending corruption investigations; however, 
no ministers or assistant ministers were arrested or suspended.
    During the June Cabinet reshuffle, John Githongo, the Permanent 
Secretary for Governance and Ethics, often referred to as the 
Government's anticorruption czar, was temporarily moved from the Office 
of the President to the Ministry of Justice and Constitutional Affairs. 
After local human rights NGOs and Western missions criticized the move 
as an attempt to decrease Githongo's authority, his office was moved 
back into the Office of the Presidency. In August, Parliament confirmed 
the appointment of former High Court Justice Aaron Ringera as Director 
of the Anti-Corruption Commission. In 2003, Ringera headed a special 
committee that concluded that 152 of 300 judges and magistrates were 
corrupt; his finding triggered the suspension of 38 magistrates and the 
transfer of 40 others (see Section 1.e.).
    At year's end, there were 15 female M.P.s, (7 elected and 8 
nominated) in the 222-seat National Assembly, 3 female ministers (out 
of 29), and 3 female assistant ministers (out of 40).
    The 5 largest ethnic groups represented 70 percent of the 
population and held 167 of the 222 National Assembly seats. The 
remaining 37 ethnic groups represented 30 percent of the population and 
held 55 seats; 4 of the 29 ministers and 6 of the 40 assistant 
ministers were from the smaller ethnic groups.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    A number of domestic and international human rights groups 
generally operated without government restriction, investigating and 
publishing their findings on human rights cases. Government officials 
were usually cooperative and responsive to their views; however, there 
were some reports that government officials intimidated and threatened 
to disrupt NGO activities, and that less-established NGOs, particularly 
those in rural areas, were subjected to interference from provincial 
administrators and security forces.
    Approximately 15 domestic NGOs actively advocated for human rights 
in the country. Several NGOs maintained comprehensive files on human 
rights abuses. A number of attorneys represented the indigent and human 
rights advocates without compensation, although they could handle only 
a small percentage of those who needed assistance, and were 
concentrated chiefly in Nairobi and other large cities. The Government 
allowed human rights organizations to witness some autopsies of persons 
who died in police custody. The Attorney General's Office generally 
responded in detail to foreign embassies' human rights inquiries. Some 
local human rights NGOs complained that the Attorney General's office 
and other government offices often were not responsive to their 
inquiries; however, there were fewer such complaints than during the 
previous government.
    Unlike in previous years, members of the Government did not 
publicly criticize NGOs, nor did the Government use the governmental 
NGO Coordination Board to put pressure on the nongovernmental National 
NGO Council.
    Unlike in previous years, there were no reports that NGO employees 
were arrested.
    The Kenya Human Rights Commission, a leading human rights NGO, 
produced a ``Quarterly Human Rights Report'' that cataloged the human 
rights situation in the country, as well as special reports on pressing 
human rights problems. The Institute for Education in Democracy and 
other NGOs monitored elections in cooperation with the Electoral 
Commission and diplomatic missions.
    The KNCHR created by an act of Parliament in 2002 was able to 
perform its duties without government interference. Its 10 
commissioners have the status of appeals court or high court judges; 
the Commission can issue summons, order the release of prisoners, and 
require compensation for human rights abuses. The KNCHR completed its 
recruitment of commissioners in 2003. During the year, although the 
Commission was still hiring staff, it launched an active program of 
prison visits and other human rights investigations.
    According to its charter, the KNCHR has unfettered access to 
prisons, police stations, and to all information it needs to conduct 
investigations of human rights abuses; however, some authorities did 
not cooperate fully in human rights investigations (see Section 1.c.). 
NGO personnel accompanying KNCHR commissioners on official visits have 
the same access. In August, the KNCHR Chairman and another commissioner 
were briefly prevented from holding a procession in Nanyuki at the 
start of the Laikipia Human Rights Forum, even though the KNCHR had 
informed police in advance of its intention to hold the procession.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The Constitution prohibits discrimination on the basis of a 
person's ``race, tribe, place of origin or residence or other local 
connection, political opinions, color, or creed''; however, government 
authorities did not enforce effectively many of these provisions. There 
was also evidence that some government officials at least tolerated 
and, in some instances, instigated ethnic violence.

    Women.--In 2003, the Government outlawed all forms of violence 
against women; however, domestic violence against women was a serious 
and widespread problem. The Kenya Demographic and Health Survey, 
released in August, revealed that more than half of women had 
experienced domestic violence after the age of 15 years. Data available 
in mid-year revealed an increase in rape cases. According to police 
statistics, there were 1,653 rape cases between January and July, which 
projected an annual rate of 2,800 cases, compared with 2,308 rape cases 
in 2003. Police attributed the upsurge to increased reporting by rape 
victims; however, available statistics probably underreported the 
problem since social mores discouraged women from going outside their 
families or ethnic groups to report sexual abuse. According to a 2003 
study by the Center for Human Rights and Democracy, women in Eldoret 
did not report 60 percent of rape cases in the North Rift region for 
fear of unfair treatment by police. In contrast to these reports, FIDA-
Kenya reported in September that gender violence had declined.
    The law carries penalties of up to life imprisonment for rape, 
although actual sentences usually were no more than 10 years. The rate 
of prosecution remained low because of cultural inhibitions against 
publicly discussing sex, fear of retribution, disinclination of police 
to intervene in domestic disputes, and unavailability of doctors who 
otherwise might provide the necessary evidence for conviction. 
Moreover, wife beating was prevalent and largely condoned by much of 
society. Traditional culture permitted a husband to discipline his wife 
by physical means and was ambivalent about the seriousness of spousal 
rape. There was no law specifically prohibiting spousal rape.
    There continued to be incidents of rape of refugee Somali women at 
the Dadaab refugee camps (see Section 2.d.). The majority of the rapes 
were perpetrated by Somali bandits crossing over the border, and a 
small number of the rapes may have been committed by security forces 
and police. During the year, there were 16 reported rapes and 9 
defilements of Somali refugees in refugee camps, according to the 
UNHCR.
    The law prohibits FGM for girls under 18 and forced FGM on girls or 
women of any age; however, FGM remained widespread, particularly in 
rural areas. In September, an international conference on FGM in 
Nairobi reported that, of the country's 42 ethnic groups, only 4--Luo, 
Luhya, Teso and Turkana--did not practice FGM. A women's rights 
workshop in October 2003 reported that at least 90 percent of women in 
North Eastern Province underwent FGM. According to Maendeleo Ya 
Wanawake (Development of Women), the percentage of girls undergoing the 
procedure was 80 to 90 percent in some districts of Eastern, Nyanza, 
and Rift Valley Provinces. FGM usually was performed at an early age.
    Various communities have instituted ``no cut'' initiation rites for 
girls as an alternative to FGM. The Family Planning Association of 
Kenya (FPAK) established such a rite, called Ntanira na Kithomo 
(initiate me through education) in Nyambene in Meru; some Marakwet and 
Maasai communities also instituted similar rites of passage. According 
to the FPAK, its program contributed to a 13 percent decline in the 
prevalence of FGM in Meru North District.
    Prostitution is illegal; however, it was a problem and was 
perpetuated by poverty. Prostitution contributed to the spread of HIV/
AIDS, which affected approximately 7 percent of the working age 
population. In 2002, the U.N. Program on HIV/AIDS reported that 30 
percent of pregnant women in Embu District in Eastern Province were 
HIV-positive, making it the area with the highest rate of infection in 
the country.
    Sexual harassment in EPZs was a problem (see Section 6.e.).
    Women experienced a wide range of discriminatory practices, 
limiting their political and economic rights and relegating them to 
second-class citizenship. The Constitution provides equal rights to men 
and women and specifically prohibits discrimination on grounds of 
gender; however, it allows only males to transmit citizenship 
automatically to their wives and children.
    Women continued to face both legal and de facto discrimination in 
other areas. The Law of Succession, which governs inheritance rights, 
provides for equal consideration of male and female children; however, 
it terminates the inheritance rights of widows if they remarry, but 
does not do so for widowers. Moreover, a widow cannot be the sole 
administrator of her husband's estate unless she has her children's 
consent. Most women have little awareness of their legal rights to 
property and inheritance and accede to customary law on these issues. 
Under the customary law of many ethnic groups, a woman cannot own or 
inherit land, and she must live on the land as a guest of males who are 
relatives by blood or marriage. Wife inheritance, which restricts a 
woman's right to choose her mate and heightens her risk of contracting 
a sexually transmitted disease such as HIV/AIDS, was practiced in some 
communities. Although poor, uneducated women were more likely to suffer 
from property and inheritance discrimination than are educated women, 
even prominent women sometimes were victims. Following the death of 
Vice President Michael Wamalwa in 2003, male members of his family in 
Western Kenya laid claim both to his property and to his widow. Forced 
marriages were also common.
    Women made up approximately 75 percent of the agricultural work 
force and have become active in urban small businesses. Nonetheless, 
the average monthly income of women was approximately two-thirds that 
of men, and women hold only 6 percent of land titles. Women had 
difficulty moving into nontraditional fields, were promoted more slowly 
than men, and were more likely to be laid off than men. Societal 
discrimination was most apparent in rural areas.
    During the year, Parliament passed a bill creating a national 
commission on gender and gender development and also created a gender 
department within the Ministry of Gender, Sports, Culture, and Social 
Services. A growing number of women's organizations were active in the 
field of women's rights, including FIDA, the National Council of Women 
of Kenya, the National Commission on the Status of Women, the Education 
Center for Women in Democracy, and the League of Kenyan Women Voters. 
The Women's Political Caucus continued to lobby over matters of concern 
to women and to increase the influence of women on government policy.

    Children.--The Government was generally committed to the rights and 
welfare of children and has passed legislation and developed policies 
to promote education and protect children's rights; however, it lacked 
the resources to implement its policies fully.
    The Government's Free Universal Primary Education Program, which 
began in January 2003, raised primary school enrollment from 6.1 
million in 2002 to 7.2 million in 2003, according to Ministry of 
Education data. The 2003 figure constituted about 78 percent of the 
primary school age group. Most citizens welcomed tuition-free 
education; however, the policy also resulted in overcrowded classes 
because of insufficient teachers and an inadequate budget. About 79 
percent of enrolled children completed the 8-year primary school 
education cycle. The law mandates compulsory schooling for all children 
through grade 12, but fewer than half of primary school graduates went 
on to secondary school. Approximately 79 percent of secondary school 
students completed the 4-year secondary cycle.
    Levels of education for boys and girls differed widely. Although 
the number of boys and girls in school roughly was equal at the primary 
level, boys substantially outnumbered girls in higher education. Rural 
families were more reluctant to invest in educating girls than in 
educating boys, especially at the higher levels. According to FIDA-K, 
8,000 to 13,000 girls drop out of school each year due to pregnancy. 
Women constituted 70 percent of the country's illiterate population.
    Corporal punishment of students was banned formally in 2001 but has 
not ceased completely in practice. In March, the police arrested two 
teachers for caning several schoolchildren, seriously injuring one of 
them.
    The health care system for school children, which once provided 
periodic medical checkups and free milk, was defunct.
    Child rape and molestation continued to be a serious problem. In 
March, The People Daily reported that 38 percent of children under 18 
were sexually abused. Newspapers contained frequent reports of 
molestation or rape of children by schoolteachers, police, clergy, and 
others. For example, in February, five men raped an 11-year-old girl in 
Kiambu. In May, four street girls in Nairobi said that police had 
demanded sex in return for not arresting them. Also in May, a school 
inspector rescued a 13-year-old schoolgirl who had been kidnapped and 
defiled for 3 days by an adult male.
    Legally, a man is not considered to have raped a girl under age 14 
if he has sexual intercourse with her against her will; instead, he 
commits the lesser offense of defilement. The penalty for the felony of 
rape can be life imprisonment, while the penalty for defilement is 
usually less. In July, a man in Bondo District was sentenced to 10 
years in prison for defiling a 14-year-old girl the previous month. 
Also in July, a Mombasa judge sentenced a man to 20 years in prison for 
defiling an 8-year-old girl in 2003.
    Newspapers frequently highlighted the problem of child marriages. 
In July, a head teacher rescued a 14-year-old schoolgirl in Samburu 
District who had been forced by her parents to marry a 40-year-old man 
against her will.
    Certain ethnic groups commonly practiced FGM on young girls, 
particularly in rural areas (see Section 5, Women).
    Trafficking in children was a problem, as was child prostitution. 
Child prostitution has grown considerably due both to economic 
contraction and to the increase in the number of children orphaned 
because of the spread of HIV/AIDS (see Section 5, Trafficking). 
According to the International Labor Organization (ILO), approximately 
30,000 girls under the age of 19 years were engaged in prostitution in 
the country.
    Child labor was a problem (see Section 6.d.).
    Economic displacement and the spread of HIV/AIDS continued to 
affect the problem of homeless street children. In 2002, the East 
African Standard reported an estimated 250,000 children living on the 
streets in urban areas--primarily Nairobi, Mombasa, Kisumu and Nakuru--
a figure that it said was a conservative estimate. These children often 
were involved in theft, drug trafficking, assault, trespassing, and 
property damage. Street children faced harassment as well as physical 
and sexual abuse from police and within the juvenile justice system.
    The Government provided programs to place street children in 
shelters and assisted NGOs in providing education, skills training, 
counseling, legal advice, and shelter for girls abused by their 
employers.

    Trafficking in Persons.--The law does not explicitly prohibit human 
trafficking, and there were reports that persons were trafficked to, 
from, and within the country. Various laws can be used to prosecute 
trafficking-related offenses. The Penal Code prohibits detaining 
females against their will for the purposes of prostitution as well as 
child labor, the transportation of children for sale, and the 
commercial sexual exploitation of children.
    The country was one of origin, destination, and transit for victims 
trafficked for the purposes of sexual exploitation and forced labor. 
Victims were trafficked from South and East Asian countries and the 
Middle East and transited the country to European destinations for 
sexual exploitation. Asian nationals, principally Indians, 
Bangladeshis, and Nepalese, were trafficked into the country and 
coerced into bonded labor in the construction and garment industries. 
Unlike in the previous year, women were not trafficked to Lebanon and 
other Middle Eastern countries for labor, and children were not 
trafficked to Uganda to work. Internal trafficking was also a problem. 
In August, the police charged several persons with participating in an 
international child trafficking ring involving the abduction and 
foreign sale of infants and young children. At year's end, the accused 
were awaiting trial, and the investigation was ongoing.
    During the year, the Government assigned 12 individuals to a newly 
created Criminal Intelligence Unit within the police to lead the 
operational elements of the Government's human trafficking efforts. 
Government assistance to NGOs to combat human trafficking was minimal 
due to resource constraints. The Ministry of Home Affairs established 
an office to assist its citizens working in Saudi Arabia. It also 
implemented an employment program, partially aimed at trafficking 
victims, that targeted orphaned and abandoned youth. In response to 
reports of citizens being victimized by fraudulent employment schemes 
in the Middle East, the Ministry of Labor operated a program of 
education, awareness, and inspection for agencies that facilitated the 
employment of citizens overseas. The program sought to educate citizens 
of their rights, to decrease the possibility of citizens becoming 
trafficking victims, and to crack down on the use of illegal smuggling 
firms. Citizens using legitimate employment agencies received 
information on their legal rights, and their contracts were filed with 
the Government. The Government began a registration program for coastal 
guesthouses, in part to deter sex tourism. The KPS, in conjunction with 
the Ministry of Information, conducted media programs to increase 
public awareness of trafficking.

    Persons With Disabilities.--The Persons With Disabilities Act, 
passed in 2003, prohibits discrimination against persons with 
disabilities in employment, education, access to health care, or in the 
provision of other state services, and the Government made progress 
during the year in its implementation. The Government began to equip 
public buildings with wheelchair ramps, lifts, and sanitary facilities.

    National/Racial/Ethnic Minorities.--The country's population was 
divided into more than 40 ethnic groups, among which there were 
frequent allegations of discrimination and occasional violence. 
Unofficial results of the 1999 census indicated that the Kikuyu 
constituted 21 percent of the population, the Luhya 16 percent, the 
Kalenjin 12 percent, the Luo 11 percent, and the Kamba 10 percent of 
the population. The Kikuyu and the closely related Kamba, Meru, and 
Embu groups made up more than one-third of the country's population; 
members of these groups dominated much of private commerce and 
industry.
    In private business and in the public sector, members of virtually 
all ethnic groups commonly discriminated in favor of other members of 
the same group. Neighborhoods in large cities tended to be segregated 
ethnically, although interethnic marriage has become fairly common in 
urban areas. Political disputes tended to correlate with ethnic 
differences.
    Members of the coastal Bajuni, Mijikenda, and Digo communities 
accused the Government of denying them their rights to land and of 
favoring members of inland ``up-country'' ethnic groups, who migrated 
to the coast largely during the period when Kenyatta was president. 
Clashes also broke out between various clans during the fall in Trans 
Nzoia, Rift Valley Province, over land disputes. In December, an M.P. 
and 11 others, including municipal councilors, were arrested for having 
incited the M.P.'s Pokot constituents to invade private non-Pokot land; 
the 12 were later released on bail, and their trial was pending at 
year's end. Land ownership was the most important issue in the December 
parliamentary by-election in Mombasa (see Section 3).
    Attacks and revenge counterattacks continued between ethnic groups 
throughout the country. Many factors contributed to interethnic 
conflicts, including the proliferation of guns, the commercialization 
of traditional cattle rustling, the development of a modern warrior/
bandit culture (distinct from the traditional culture), irresponsible 
local political leadership, shrinking economic prospects for affected 
groups, a regional drought, and the inability or unwillingness of 
security forces to stem the violence.
    In February, armed men from the Pokot tribe attacked members of the 
Turkana tribe, resulting in the deaths of 13 persons, including 3 
children. In February, Maasai warriors killed a farmer and injured five 
others in a raid on an area in Laikipia District where land had been 
allocated to influential persons from the former KANU government. In 
April, flyers appeared in predominantly Kalenjin areas of the Rift 
Valley threatening to forcibly expel Kikuyu residents from the area. In 
December, clashes between 2 ethnic Somali clans, allegedly over access 
to a water source, claimed 24 lives in North Eastern Province.
    In August, the Maasai said that a 99-year lease of Maasai land to 
the British colonial government had expired and that they were, 
therefore, reclaiming the land. Some Maasai invaded the land they 
claimed as their own. Police killed one man and arrested others.
    Members of the Nubian community, most of whom were Muslim, claimed 
that the Government discriminated against them by trying to eliminate 
their ethnic identity. They also claimed that despite living in the 
country for generations, they were frequently denied identity cards, 
work permits, passports, and the right to own land because they could 
not prove that their grandparents or great-grandparents were citizens 
of the country. These measures, they claimed, hampered their access to 
education and employment opportunities, resulting in the impoverishment 
of their community, which numbered about 200,000. In June, the Nubian 
Community petitioned the High Court for redress of grievances related 
to their rights as citizens; the High Court had not rendered judgment 
on this suit by year's end.
    The continued presence of and, at times, criminal activities by 
Somali refugees have exacerbated the problems faced by citizens of 
Somali ethnicity (see Section 2.d.).
    Unlike in previous years, there were no reports of violence or 
discrimination among citizens of African ethnicity toward Asians living 
in the country. The Asian community constituted between 0.5 and 1 
percent of the total population and consisted of second and third 
generation Asians with full citizenship and a smaller body of recent 
immigrants.

    Other Societal Abuses and Discrimination.--A lingering stigma 
toward people with HIV/AIDs made it difficult for many families to 
admit that their members were HIV positive. However, the Government 
worked in cooperation with international donors on programs of HIV/AIDs 
prevention and treatment.
Section 6. Worker Rights
    a. The Right of Association.--The law provides that all workers, 
even those in the EPZs, are free to join unions of their choice, and 
workers exercised this right in practice. The Police Act prohibits 
members of the national police force from joining unions.
    There were 42 unions representing approximately 600,000 workers, 
approximately one-third of the country's formal-sector work force. All 
but 5 of these unions, representing approximately 300,000 workers, were 
affiliated with the 1 approved national federation--the Central 
Organization of Trade Unions (COTU). The largest non-COTU union was the 
240,000-member Kenya National Union of Teachers.
    The law prohibits employers from intimidating workers; however, 
some anti-union discrimination still existed, specifically in the EPZs 
in Mombasa. Employees wrongfully dismissed for union activities were 
able to take their cases to the Industrial Court, and many were awarded 
damages in the form of back pay; reinstatement was not a common remedy. 
More often, aggrieved workers found alternative employment in the 
lengthy period prior to the hearing of their cases. The Government 
voiced its support for union freedom, but was unable to enforce it 
fully.

    b. The Right to Organize and Bargain Collectively.--While not 
having the force of law, the Industrial Relations Charter, executed by 
the Government, COTU, and the Federation of Kenya Employers, gives 
workers the right to engage in legitimate trade union organizational 
activities, and the Government protected these rights in practice. Both 
the Trade Disputes Act and the Charter authorize collective bargaining 
between unions and employers, and wages and conditions of employment 
were established in negotiations between unions and management. The 
Government permits wage increases of up to 100 percent and 
renegotiation of collective agreements; however, the law allows 
employers in ailing industries to dismiss workers regardless of the 
provisions of their collective bargaining agreements. Collective 
bargaining agreements must be registered with the Industrial Court to 
ensure adherence to these guidelines.
    The law, with some restrictions, permits workers to strike, and 
workers exercised this right in practice. Unlike in previous years, 
police did not use excessive force to disperse strikes.
    Workers must submit a letter to the Minister of Labor and wait 21 
days before a strike can occur. Members of the military services, 
police, prison guards, and the National Youth Service are prohibited 
from striking. Other civil servants, like their private sector 
counterparts, can strike following the 21-day notice period (28 days 
for essential service workers, such as water, health, education, or air 
traffic control). During this interim period, the Minister may mediate 
the dispute, nominate an arbitrator, or refer the matter to the 
Industrial Court, a body of up to five judges appointed by the 
President, for binding arbitration. Once a dispute is referred to 
mediation, fact-finding, or arbitration, any subsequent strike is 
illegal. Moreover, the act gives the Minister of Labor broad 
discretionary power to determine the legality of any strike.
    With the exception of the Factories Act, all labor laws apply in 
the EPZs (see Section 6.e.); however, the EPZ Authority and the 
Government granted many exemptions to applicable laws. For example, the 
Government waived a provision of the law that prevents women from 
working in industrial activities at night. There were reports that 
persons lost their jobs in EPZs because of their refusal to work on 
Saturdays (see Section 2.c.).

    c. Prohibition of Forced or Compulsory Labor.--The Constitution 
proscribes slavery, servitude, and forced and bonded labor, including 
by children; however, there were reports such practices occurred (see 
Section 6.d.). Under the Chiefs' Authority Act, a local authority can 
require persons to perform community services in an emergency; however, 
there was no attempt to use the law during the year.

    d. Prohibition of Child Labor and Minimum Age for Employment.--The 
employment in industry of children under the age of 16 is illegal; 
however, the law does not apply to the agricultural sector, where 
approximately 70 percent of the labor force was employed, or to 
children serving as apprentices under the terms of the Industrial 
Training Act, and child labor was a problem. Ministry of Labor and 
Human Resources Development officers nominally enforced the minimum age 
statute, and the Government worked closely with COTU and the ILO's 
International Program for the Elimination of Child Labor to eliminate 
child labor. The Government's Free Universal Primary Education Program 
resulted in the return to school in 2003 of approximately 1 million 
children who formerly were working; more than 1 million children were 
believed still to be working.
    Children often worked as domestic servants in private homes, and 
during the year, there were reports of abuse of children serving as 
domestic employees. Children worked primarily in the informal sector, 
mostly in family businesses and usually assisted parents on family 
plots. A significant number of workers on tea, coffee, sugar, and rice 
plantations were children, who usually worked in family units. However, 
deteriorating economic conditions and the effects of the HIV/AIDS 
pandemic gave rise to more child labor in the informal sector, which 
was difficult to monitor and control. In addition, a large number of 
underage children were active in the sex industry (see Section 5). In 
view of the high levels of adult unemployment and underemployment, the 
employment of children in the formal industrial wage sector in 
violation of the Employment Act was less common.
    The law establishes definitions of child labor, and, in June, the 
Government prepared a National Plan of Action to Eliminate the Worst 
Forms of Child Labor. A practical guide to labor inspection has been 
developed, and the Government trained labor inspectors and occupational 
health and safety officers to report on child labor. Many NGOs also 
were active in child labor issues and assisted in the return to school 
of child laborers. Unlike in previous years, there were no reports that 
children, especially in the rural areas, were loaned out as workers to 
pay off family debts.

    e. Acceptable Conditions of Work.--The legal minimum wage for blue-
collar workers in the wage sector has 12 separate scales, varying by 
location, age, and skill level; however, in many industries, the 
minimum wage equaled the maximum wage. On May 1, the Government 
announced an 11 percent increase in the minimum wage for workers in 
both urban and rural areas; the inflation rate was 10 percent. These 
increases were implemented immediately. The lowest minimum wage was 
approximately $50 (3,908 shillings) per month in the largest urban 
areas and approximately $42 (3,252 shillings) in rural areas. The 
minimum wage did not provide a decent standard of living for a worker 
and family. Most workers relied on second jobs, subsistence farming, 
informal sector opportunities, or the extended family for additional 
support.
    Workers covered by a collective bargaining agreement generally 
received a better wage and benefit package than those not covered. For 
instance, the average covered worker received $100 (approximately 8,170 
shillings) per month in addition to a housing and transport allowance, 
which often constituted 25 to 50 percent of a worker's compensation 
package.
    The law limits the normal workweek to 52 hours, although nighttime 
employees may be employed for up to 60 hours per week. Some categories 
of workers had a shorter workweek. As is the case with respect to 
minimum wage limitations, the law specifically excludes agricultural 
workers. An employee in the nonagricultural sector is entitled to 1 
rest day per week, and there are provisions for 21 days of annual leave 
and sick leave. The law also provides that the total hours worked 
(regular time plus overtime) in any 2-week period not exceed 120 hours 
(144 hours for night workers). The Ministry of Labor and Human 
Resources Development was responsible for enforcing these regulations; 
however, there were reports of violations during the year. Workers in 
some enterprises claimed that employers forced them to work extra hours 
without overtime pay.
    The law sets forth detailed environmental, health, and safety 
standards; however, the law was not always followed in practice, and 
fines generally were too low to serve as a deterrent to unsafe 
practices. EPZs are excluded from these legal provisions (see Section 
6.b.). The Ministry of Labor's Directorate of Occupational Health and 
Safety Services (DOHSS) has the authority to inspect factories and work 
sites; however, the DOHSS lacked statutory authority to inspect 
factories in the EPZs. Labor and NGOs continued to criticize health and 
safety conditions in the EPZs and around the country. For example, the 
unions highlighted problems of sexual harassment in the EPZs since a 
large majority of EPZ workers were women. The Tailors and Textile 
Workers Union filed a complaint with the Ministry of Labor on behalf of 
15 women from the EPZs who reportedly were fired because they were 
pregnant.
    DOHSS health and safety inspectors may issue notices enjoining 
employers from practices or activities that involved a risk of serious 
personal injury. Such notices can be appealed to the Factories Appeals 
Court, a body of four members, one of whom must be a High Court judge. 
The law stipulates that factories that employ at least 20 persons have 
a health and safety committee with representation from workers; 
however, according to the Government, fewer than half of even the very 
largest factories had instituted health and safety committees. Workers 
were not forced by law to remain in hazardous conditions; however, many 
were reluctant to remove themselves because of the high unemployment 
problem and the resulting risk of job loss.

                               __________

                                LESOTHO

    Lesotho is a constitutional monarchy with King Letsie III as head 
of state. Under the Constitution, the King fills a ceremonial role, has 
no executive authority, and is proscribed from actively taking part in 
political initiatives. In May 2002, Prime Minister Pakalitha Mosisili, 
the leader of the Lesotho Congress for Democracy (LCD) party, was re-
elected in free and fair elections. In the 2002 elections, the LCD won 
79 of 80 constituency-based seats, and the opposition Lesotho Peoples 
Congress (LPC) won the remaining constituency seat; the 40 
proportionally elected seats were divided among 9 opposition parties. 
Local government elections scheduled for November were postponed 
indefinitely, although the Government stated they would be held before 
April 2005. The judiciary was independent in law and practice.
    The security forces consist of the Lesotho Defense Force (LDF), the 
Lesotho Mounted Police Service (LMPS), and the National Security 
Service (NSS). The Prime Minister is the Minister of Defense and 
National Security, with direct authority over the LDF and the NSS. The 
police force is under the authority of the Minister of Home Affairs and 
Public Safety. The LDF continued to be the subject of a national debate 
on the structure, size, and role of the armed forces. The NSS and the 
LMPS also continued to undergo comprehensive restructuring. Civilian 
authorities maintained effective control of security forces. Some 
members of the security forces committed human rights abuses.
    The country, which has a population of approximately 2.2 million, 
is landlocked and surrounded by South Africa. Approximately 26 percent 
of the adult male work force worked in South Africa. Between 20 and 23 
percent of the resident population was engaged in subsistence 
agriculture. Private sector activity dominated in the small 
manufacturing and construction sectors. Privatization and liquidation 
of formerly state-owned enterprises in the agro-industrial and 
agribusiness sectors was completed by the beginning of the year. 
Manufacturing sector employment exceeded that of government employment. 
Textile manufacturing employment exceeded 50,000. The high HIV/AIDS 
rate (almost 30 percent) and corresponding low life expectancy (less 
than 37 years), along with severe drought during planting season, 
negatively affected economic growth.
    The Government generally respected the human rights of its 
citizens; however, there were problems in some areas. There were 
unconfirmed allegations of torture by security forces and credible 
reports that the police at times used excessive force against 
detainees. Prison conditions were poor, and lengthy pretrial detention 
was a problem. There were long delays in trials. Domestic violence was 
common, and women's rights continued to be restricted severely in some 
areas. Societal discrimination against persons with disabilities was 
common. Some worker rights were restricted. Child labor was a problem 
in traditional agriculture and in the informal 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 
reports of the arbitrary or unlawful deprivation of life committed by 
the Government or its agents.
    In August, the trials for the 25 members of the LDF accused of 
killing the Deputy Prime Minister in 1994 concluded. In 2003, 19 of the 
25 persons initially arrested were released due to lack of evidence, 
and 1 died. The remaining 5 persons were convicted and received prison 
sentences ranging from 4 to 12 years.
    An internal police investigation into the fatal shooting of two 
demonstrators in 2003 resulted in the opening and transmission of 
dockets to the office of the Director of Public Prosecutions for 
consideration and advice. This investigation remained ongoing 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 expressly prohibits such practices; 
however, there were allegations that security forces tortured persons 
and credible reports that the police at times used excessive force.
    There was no action taken against security forces who reportedly 
tortured Theko Lerotholi and Malefa Mapheleba in 2003. Lorotholi, an 
LDF member arrested for suspicion of armed robbery, lodged a torture 
claim against the LMPS with the High Court. No date was set for the 
case to begin. There were a number of civil claims against the police 
for unlawful detention and assault stemming from this incident.
    Prison conditions were poor, and facilities were overcrowded and in 
disrepair. Women were housed separately from men, and juveniles were 
housed separately from adults. Pretrial detainees often were held with 
convicted prisoners.
    Prison regulations provide for visiting committees that were made 
up of principal chiefs, church ministers, representatives of the 
business community, advocates of the High Court, and other citizens. 
These committees may visit any prison without the prior knowledge of 
the prison director and generally were allowed to do so. The committee 
reports its findings to the prison director.

    d. Arbitrary Arrest or Detention.--The Constitution prohibits 
arbitrary arrest and detention, and the Government generally observed 
these prohibitions.
    The LMPS is nationally managed, with the country divided into three 
regional police districts: North (Berea, Leribe, Butha-Buthe, and 
Mokhotlong), Central (Maseru, and Thaba Tseka Districts), and Southern 
(Qacha's Nek, Mohale's Hoek, Mafeteng, Quthing). Each district is 
headed by an Assistant Commissioner of Police (equivalent rank of 
Colonel). The LMPS suffered from a significant shortage of resources, 
which sometimes limited the effectiveness of the police. Corruption was 
a problem; however, the Government continued its reform efforts. A 
Police Complaints Authority investigated public complaints against 
members of the Police Service.
    Persons detained or arrested in criminal cases and defendants in 
civil cases had the right to legal counsel; however, there was no 
system to provide public defenders. The Ministry of Justice and the 
nongovernmental community (NGO) maintained a few legal aid clinics. The 
law provides for granting bail, which the authorities granted regularly 
and generally fairly.
    Because of serious backlogs of court caseloads, pretrial detainees 
were a significant portion of the prison population, and pretrial 
remand could last months or even years.

    e. Denial of Fair Public Trial.--The Constitution provides for an 
independent judiciary, and the Government generally respected this 
provision in practice.
    The judiciary consisted of the Court of Appeal (which meets semi-
annually), the High Court, magistrates courts, and customary or 
traditional courts, which existed largely in rural areas to administer 
customary law. The High Court also provided procedural and substantive 
guidance on matters of law and procedure to military tribunals; 
however, it did not participate in judgments.
    The authorities generally respected court decisions and rulings. 
There was no trial by jury. A single High Court judge normally 
adjudicated criminal trials with two assessors who served in an 
advisory capacity. In civil cases, judges normally heard cases alone. 
There was a large case backlog, which led to lengthy delays in trials 
(see Section 1.d.).
    In the magistrates courts, some accused persons were not advised of 
their right to legal representation. Some cases proceeded without legal 
representation for the accused.
    In civil courts, women and men were accorded equal rights; however, 
in traditional and customary courts, certain rights and privileges 
accorded to men were denied to women (see Section 5). When traditional 
law and custom were invoked in a court case, a male plaintiff could opt 
for customary judgments by a principal chief rather than a civil court, 
and the judgment was binding legally. This system greatly disadvantaged 
women.
    Military tribunals have jurisdiction over military cases only. 
Decisions by military tribunals can be appealed only to a special 
court-martial appeal court, which was composed of two judges from the 
High Court, one retired military officer with a legal background, and 
the registrar of the High Court.
    There were no reports of political prisoners.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The law does not fully protect citizens' privacy 
rights; however, there were no reports that authorities infringed on 
citizens' privacy rights during the year. Although search warrants were 
required under normal circumstances, the law provided police with wide 
powers to stop and search persons and vehicles and to enter homes and 
other places without a warrant.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The Constitution provides for 
freedom of speech and of the press, and the Government generally 
respected these rights in practice.
    There were several independent newspapers that routinely criticized 
the Government. The official state-owned or state-controlled media 
consisted of one radio station, a 1\1/2\ hour daily newscast on a local 
television channel, and two weekly newspapers. All reflected official 
positions of the ruling party. There were seven private radio stations, 
but no private television station. South African and global satellite 
television and radio broadcasts were widely available.
    Government ministers and other officials initiated a number of 
libel and defamation suits against members of the independent media. 
Some of these led to out of court settlements. The Mirror, an English 
language weekly, settled a case with a former cabinet minister and 
member of Parliament. In March, a Member of Parliament sued the Sesotho 
language paper Mololi. The case was still pending at year's end.
    Internet services were freely available from a number of private 
Internet service providers.
    The Government did not restrict academic freedom. Although the 
Government owned and administered the country's only university, the 
academic staff represented the full political spectrum and was free to 
express its views.

    b. Freedom of Peaceful Assembly and Association.--The Constitution 
provides for freedom of assembly and association, and the Government 
generally respected these rights in practice. Unlike in the previous 
year, there were no reports that police killed demonstrators.

    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 Constitution prohibits forced exile, and the Government did not 
use it.
    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, and granted refugee 
status or asylum. The Government continued to cooperate with the office 
of the U.N. High Commissioner for Refugees and other humanitarian 
organizations in assisting refugees. The Government also has designated 
a Commissioner for Refugees. The Government has provided temporary 
protection to individuals who may not qualify as refugees under the 
1951 U.N. Convention/1967 Protocol; however, the issue did not arise 
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.
    In the 2002 elections, the LCD party won 79 of the 80 constituency-
based seats, the opposition LPC party won the remaining constituency 
seat, and the 40 proportionally elected seats were divided among 9 
opposition parties; Prime Minister Mosisili, the leader of the LCD 
party, was re-elected. Domestic and international observers concluded 
that the elections were free, fair, peaceful, lawful, and transparent. 
The Basotho National Party has taken its seats in the National Assembly 
and participated in Parliamentary proceedings.
    Although there are no laws providing for access to information and 
access to government information was incomplete, websites of government 
ministries, parastatals, and private organizations provided significant 
information.
    There were 14 women in the 120-member National Assembly and 12 
women in the 33-member Senate. Four women were government ministers, 
and two women were assistant ministers. The Speaker of the National 
Assembly was a woman.
    Approximately 98.5 percent of the population is Basotho. There were 
no members of minorities in the 120-member National assembly and none 
in the 33-member Senate. There were no members of minorities in the 
cabinet.
    A provision in the Constitution requires that members of Parliament 
be able to speak; however, to date, this provision has not been 
invoked. The Minister of Justice, Human Rights, Rehabilitation, Law and 
Constitutional Affairs is blind.
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.
    An independent Ombudsman institution exists to protect citizens 
against infringement of their rights by public sector agencies. The 
Ombudsman's office has intervened on several occasions against the 
government and private sector on issues such as: demanding the release 
of salary checks of employees withheld unlawfully, reinstatement of 
employees illegally suspended from work, compensation for people 
relocated to new areas, and compensation and repair of houses for 
communities living close to construction sites, such as result from 
large-scale development projects.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The Constitution prohibits discrimination based on race, color, 
sex, language, political or other opinion, national or social origin, 
birth, or other status, and the Government generally respected these 
prohibitions in practice; however, the Constitution also recognizes 
customary law as a parallel legal system, and women's inheritance and 
property rights were severely restricted under the traditional 
chieftainship system.

    Women.--Domestic violence against women occurred frequently, and, 
although dependable statistics were not available, it was believed to 
be widespread. In Basotho tradition, a wife may return to her ``maiden 
home'' if physically abused by her husband. Under common law, wife 
beating is a criminal offense and defined as assault; however, few 
domestic violence cases were brought to trial. Beatings and violence 
against women perpetrated by husbands or other male relatives occurred 
frequently but was increasingly considered socially unacceptable 
behavior.
    The law prohibits rape, which is punishable by a minimum sentence 
of 5 years imprisonment, with no option for a fine. Prostitution is 
illegal and was a problem; police seldom prosecuted offenders. The law 
also prohibits sexual harassment; however, in most cases, it was 
difficult to prove.
    Both traditional law and custom under the traditional chieftainship 
system severely limited the rights of women in areas such as property 
rights, inheritance, and contracts. Women have the legal and customary 
right to make a will and sue for divorce; however, under customary law, 
a married woman is considered a minor during the lifetime of her 
husband. She cannot enter into legally binding contracts, whether for 
employment, commerce, or education, without her husband's consent. A 
woman married under customary law has no standing in civil court and 
may not sue or be sued without her husband's permission. Government 
officials have publicly criticized this customary practice. The 
tradition of paying a bride price (lobola) was common. Polygamy was 
practiced by a very small percentage of the population.
    Women's rights organizations took a leading role in educating women 
about their rights under customary and common law, highlighting the 
importance of women participating in the democratic process. The 
Ministry of Gender, Youth, Sports, and Recreation funded efforts by 
women's groups to sensitize society to the status and rights of women.

    Children.--The Child Protection Act of 1980 (CPA) provides for the 
protection of children; however, limited resources hampered the 
Government's ability to accord children the level of attention they 
demand. During the year, Members of Parliament criticized the CPA as 
insufficient, and Parliament began work on a new law to replace the 
CPA.
    The Government devoted substantial resources to primary and 
secondary education. Primary education was free. Education was not 
compulsory even at the primary levels; however, the Minister of 
Education announced plans to make primary education mandatory by 2007. 
This proposal had not been acted on at year's end. A substantial number 
of children did not attend school, particularly in rural areas where 
there were few schools, where children were involved in subsistence 
activities in support of their family's welfare, or where families 
could not afford the costs associated with school attendance, such as 
fees for the purchase of uniforms, books, and materials. UNICEF 
estimated that in 2002, 62 percent of boys and 68 percent of girls 
attended primary school. The problem of school nonattendance affected 
boys disproportionately more than girls. In traditional rural Basotho 
society, livestock herding by young boys frequently interfered with 
their school enrollment (see Section 6.d.).
    Familial stress, poverty, the spread of HIV/AIDS, and divorce led 
to a rise in child homelessness and abandonment, creating a growing 
number of street children.
    Child prostitution was a problem. Young girls, many of whom were 
orphans, reportedly moved to urban areas to work as prostitutes. A 2001 
UNICEF assessment concluded that child prostitution in the country was 
a poverty-driven phenomenon rather than a commercial enterprise and 
that the financial arrangements were casual and not the product of 
organized criminal syndicates. However, UNICEF and the Government 
agreed that while the numbers remained small, the trend toward 
commercial prostitution by children under age 18 was a growing problem 
in the country. There is little capability within either the police 
force or the Department of Social Welfare to address the needs of 
children likely to engage in prostitution.

    Trafficking in Persons.--The law does not prohibit trafficking in 
persons; however, there were no reports by NGOs, the media, or the 
Government that persons were trafficked to, from, or within the 
country.

    Persons With Disabilities.--Discrimination against persons with 
physical disabilities in employment, education, or provision of other 
government services is unlawful, and the Government enforced these laws 
within its limited means. However, societal discrimination was common. 
Laws and regulations stipulate that people with disabilities have 
access to public buildings, and buildings completed after this law 
entered into force generally complied with the law. The election law 
does provide for assisted voting for persons with disabilities. The 
Minister of Justice, Human Rights, Rehabilitation, Law, and 
Constitutional Affairs is blind; he was appointed to this position in 
2001.

    National/Racial/Ethnic Minorities.--Economic and racial tension 
between the Chinese business community and the Basotho remained a 
problem. Unlike in the previous year, there were no reports of looting 
of Chinese-owned shops.
Section 6. Worker Rights
    a. The Right of Association.--Under the law, workers have the right 
to join and form trade unions without prior government authorization, 
and workers exercised this right in practice. The Labor Code prohibits 
civil servants from joining or forming unions; however, the law allows 
them to form staff associations. The Government regarded all civil 
servants as essential employees. Under the Labor Code, prepared with 
the assistance of the International Labor Organization, all trade union 
federations must register with the Government. The Department of Labor 
found that 20 of 43 registered trade unions functioned during the year, 
with a total membership of 26,198. There were four registered trade 
union federations: The Lesotho Trade Union Congress, the Lesotho 
Federation of Democratic Unions, the Lesotho Trade Union Congress, and 
the Lesotho Congress of Democratic Unions. The labor and trade union 
movement was weak and fragmented. Several small unions functioned in 
the public and industrial sectors. The textile sector, which employed 
over 50,000 persons, had four trade unions.
    The Mounted Police Service Act prevents members of the police 
service from belonging to trade unions but has enabled them to 
establish a staff association charged with promoting the professional 
efficiency and interest of members of the service.
    Overall unionized workers dropped from approximately 10 percent of 
the work force in 2002 to approximately 2 percent by the end of 2003, 
in part because of a dispute between the Lesotho Clothing and Allied 
Workers Union and the Factory Workers Union (FAWU). Approximately 8 
percent of the male labor force worked in the coal and gold mines of 
South Africa, a number that has fallen in recent years due to 
retrenchment and mine mechanization. The majority of those who did not 
work in mining were engaged primarily in traditional agriculture. A 
majority of Basotho mineworkers were members of the South African 
National Union of Mineworkers (NUM). While the NUM, as a foreign 
organization, was not allowed to engage in union activities in the 
country, it provided training, constructed agricultural projects, and 
performed other social services.
    The law prohibits antiunion discrimination; however, there was 
credible evidence that some employers prevented union organizers from 
accessing factory premises to organize workers or represent them in 
disputes with owners or managers. Some employees were threatened with 
expulsion and loss of employment if they joined unions. There were 
reports that some employers harassed union organizers, intimidated 
members, and frequently fired union activists, particularly in domestic 
industries, such as guard forces; however, there were fewer such 
reports than in previous years. During the year, 32 cases of unfair 
labor practice were referred to the independent Directorate of Dispute 
Prevention and Resolution (DDPR) by unions against employers. The 
Commission of Labor, which operated as part of the Labor Ministry, was 
charged with investigating allegations of labor law violations (see 
Section 6.e.).

    b. The Right to Organize and Bargain Collectively.--The law 
provides for these rights, and the Government generally respected them 
in practice; however, some private sector employers tried to restrict 
them. There was credible evidence that most employers in the textile 
and garment sector used blacklists to deny employment to workers who 
had been fired by another employer within that sector. There are no 
export processing zones.
    The law provides for the right to strike; however, civil servants 
were not allowed to strike, and, by definition, all public sector 
industrial actions were unauthorized. In the private sector, the Labor 
Code requires an escalating series of procedures to be followed by 
workers and employers before strike action is authorized. Legal 
protection for strikers from retribution has not always been enforced 
in cases of illegal strikes.
    In April, three FAWU officials were acquitted of charges stemming 
from a November 2003 protest march by garment workers demanding better 
wages and working conditions. During that protest, police fired into 
the crowd, allegedly for marching on an unauthorized route; 2 persons 
were killed and over 100 were injured. An internal police investigation 
was conducted following the incident; however, no report had been made 
public by year's end. Dockets are with the Deputy for Public 
Prosecutions for consideration and advice.
    The Labor Code establishes the DDPR within the Ministry of 
Employment and Labor to provide dispute prevention and resolution 
mechanisms; the DDPR was independent of government, and maintained a 
record of handling cases promptly.
    The Industrial Peace, Advisory, and Promotion Unit of the DDPR held 
30 training workshops on topics such as work discipline and grievance 
procedures for trade union officials, shop stewards; and management 
supervisors drawn from the textile, retail, security, construction, 
catering, and telecommunications industries throughout the country. The 
training program resulted in a significant reduction of disputes 
referred for resolution, down from 2,260 in 2003 to 1,988 during the 
year. Of the disputes referred, 1,865 were resolved by year's end.
    The Labor Department also handled employee grievances, and there 
were no significant backlogs of cases during the year. The Labor 
Commission was authorized to order the reinstatement of wrongfully 
dismissed employees and the payment of back wages, but it did not have 
the authority to impose criminal fines.

    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.--
There are statutory prohibitions against the employment of minors in 
commercial, industrial, or nonfamily enterprises involving hazardous or 
dangerous working conditions; however, child labor was a problem in the 
informal sector. The Ministry of Labor and Employment's Inspectorate 
conducted quarterly inspections during the year.
    The legal minimum age for employment in commercial or industrial 
enterprises is 15 years, and the legal minimum age for hazardous 
employment is 18 years; however, children under 14 years of age 
reportedly were employed in family-owned businesses. Children under 18 
years of age may not be recruited for employment outside of the 
country. Child labor laws covered all sectors except the agricultural 
sector.
    Many urban street children worked in the informal sector. Most jobs 
performed by children were gender-specific: Boys (as young as ages 4 
and 5) were livestock herders, carried packages for shoppers, washed 
cars, and collected fares for minibus taxis; girls were domestic 
servants; teenage girls (and a few boys) were involved in prostitution; 
and both boys and girls worked as street vendors.
    In traditional society, rigorous and occasionally dangerous working 
conditions for young livestock herdboys were considered a prerequisite 
to manhood, essential to the livelihood of families, and a fundamental 
feature of local culture beyond the reach of labor laws. The emphasis 
on traditional socialization methods to the exclusion of formal 
education continued the cycle of poverty for most youth.

    e. Acceptable Conditions of Work.--A national minimum wage is 
determined annually by the Wage Advisory Board, a tripartite entity 
consisting of the Government, trade unions, and employers. The monthly 
minimum wage for unskilled laborers was $105 (684 maloti) and $189 
(1,129 maloti) for heavy vehicle operators. Minimum wages for workers 
in lower skilled jobs did not provide a decent standard of living for a 
worker and family. Most wage earners supplemented their income through 
subsistence agriculture or remittances from relatives employed in South 
Africa.
    The Labor Code provides for basic worker rights, including a 
maximum 45-hour workweek, a weekly rest period of at least 24 hours, 12 
days of paid leave per year, and paid sick and public holidays; 
however, employers did not always respect these rights in practice. 
Required overtime was legal as long as overtime wages were paid for 
work in excess of the legally mandated 45-hour workweek, and workers in 
the garment industry were paid the proper overtime rate for overtime 
hours worked.
    The Labor Code requires employers to provide adequate light, 
ventilation, and sanitary facilities for employees and to install and 
maintain machinery in a manner to minimize the risk of injury; 
employers generally followed these regulations. The law provides for a 
compensation system for industrial injuries and diseases related to 
employment. The Labor Code also empowers the Minister of Labor to make 
regulations pertaining to work safety in specific areas, and the 
Ministry has exercised this right. The Labor Code does not protect 
explicitly the right of workers to remove themselves from hazardous 
situations without prejudice to employment; however, sections on safety 
in the workplace and dismissal implied that such a dismissal would be 
illegal.
    Labor inspectors generally conducted unannounced inspections in 
factories four times a year.

                               __________

                                LIBERIA

    Liberia is a republic. The Constitution provides for three branches 
of government--executive, legislative, and judicial--but there has been 
no effective system of checks and balances, and presidents 
traditionally have wielded extraordinary power. In August 2003, the 
former government of Liberia and the country's two rebel groups--
Liberians United for Reconciliation and Democracy (LURD) and the 
Movement for Democracy in Liberia (MODEL)--signed the Comprehensive 
Peace Agreement (CPA), which ended the 1999-2003 civil war. Prior to 
the signing of the CPA, the Economic Community of West African States 
(ECOWAS) provided peacekeeping forces (ECOMIL) to separate the warring 
parties. In October 2003, U.N. Mission in Liberia (UNMIL) peacekeepers 
were deployed to further assist the peace process and provide stability 
during the post-conflict transition. In October 2003, the National 
Transitional Government of Liberia (NTGL), headed by Chairman Charles 
Gyude Bryant and Vice Chairman Wesley Johnson, replaced the government 
of former President Charles Taylor, who fled into exile after being 
indicted for war crimes. By June, UNMIL had deployed more than 14,000 
peacekeepers and 1,100 international police (CIVPOL) throughout the 
country. By October, more than 100,000 former combatants and camp 
followers had been disarmed and demobilized under the Disarmament, 
Demobilization, Rehabilitation, and Reintegration Program (DDRR). 
During the year, the NTGL, which governed under a power sharing 
agreement with the CPA and remained highly centralized, extended its 
influence into rural areas; however, former LURD, MODEL, and government 
combatants retained some influence in those areas, even in areas with 
an UNMIL presence. During the year, the country's transition to 
democracy was hindered by widespread corruption, a severely damaged 
infrastructure, and continuing instability that delayed the return of 
thousands of refugees and internally displaced persons (IDPs). 
Elections to restore a constitutional government were scheduled for 
October 2005. The judiciary was subject to political influence, 
economic pressure, and corruption.
    The country's security forces include the Armed Forces of Liberia 
(AFL), which are responsible for external security but also have 
domestic security responsibilities, the interim Liberian National 
Police (LNP), which have primary responsibility for law enforcement, 
the National Bureau of Investigation (NBI), which investigates crime, 
the Special Security Service (SSS), which provides executive 
protection, the National Security Agency (NSA), which is responsible 
for internal and external intelligence, and the Ministry of National 
Security, which assists the NSA and is responsible for investigating 
financial crimes. The AFL is under the Ministry of Defense, the LNP and 
NBI are under the Ministry of Justice, and the SSS, NSA, and Ministry 
of National Security are under the Office of the NTGL Chairman. There 
also were numerous irregular security services attached to certain key 
ministries and parastatal corporations that did not belong to a 
permanent, organized military force and whose responsibilities appeared 
to be poorly defined. Unlike in the previous year, civilian authorities 
maintained effective control of the security forces; however, there 
were some instances in which elements of the security forces acted 
independently of government authority. Under the NTGL, a few members of 
the security forces committed isolated human rights abuses.
    The country, with an estimated population of approximately 3.4 
million, was very poor with a market-based economy ravaged by the civil 
war. Few statistics were available; however, economic activity, 
particularly in the informal sector, visibly increased following the 
2003-04 deployment of UNMIL forces throughout the country and the 
initiation of disarmament exercises. An estimated 80 percent of the 
population lived on less than $1 per day, and the country had an 
unemployment rate of at least 70 percent. Most of the population 
survived on income generated through the informal sector, predominantly 
consisting of buying and selling clothing and household effects, and on 
remittances from relatives abroad. There was little industry, and 
agricultural production remained low due to security concerns in rural 
areas; however, unlike in the previous year, the Government generally 
paid civil servant salaries. The internal displacement of thousands of 
civilians throughout the countryside, particularly in Lofa, Bong, and 
Nimba Counties, the absence of police security, an increase in crime as 
former combatants sought alternative means of income, and the absence 
of infrastructure throughout the country continued to depress the 
economy, despite the country's rich natural resources and potential 
self-sufficiency in food. Persons controlling former fighters continued 
to exploit the country's natural resources for personal profit. 
Extortion was widespread in all levels of society.
    Prior to the resignation of President Taylor, the Government's 
human rights record remained poor, and security forces committed 
numerous, serious abuses; however, during the year, the Government 
generally respected the human rights of its citizens, although problems 
continued in some areas. Interim LNP officers sometimes abused, 
harassed, and intimidated persons. Prison conditions remained harsh and 
sometimes life threatening. Corruption and official impunity were 
problems, and there was little investigation into abuses committed 
during the war. The LNP continued to use arbitrary arrest and 
detention, and lengthy pretrial detention was common. The judicial 
system was unable to ensure citizens' rights to due process and a fair 
trial. During the year, the National Transitional Legislative Assembly 
(NTLA) threatened to arrest persons who criticized the NTLA. In some 
rural areas where the judiciary had not been reestablished, clan 
chieftains administered criminal justice through the traditional 
practice of trial-by-ordeal; however, unlike in the past, authorities 
did not tacitly condone the practice. Incidents of ritualistic killings 
persisted. Violence and discrimination against women were problems. The 
welfare of children widely remained neglected, and female genital 
mutilation (FGM) continued to be practiced. Societal ethnic 
discrimination remained widespread, and ethnic differences continued to 
generate violence and political tensions. Forced labor persisted in 
rural areas. Child labor remained widespread, and there were reports of 
forced child labor. There were reports of trafficking, and the 
Government obstructed the prosecution of a trafficking case during the 
year.
    Some former rebel combatants continued to commit human rights 
abuses, including the arbitrary detention, extortion, theft, rape, and 
battery of civilians, particularly IDPs, forcible conscription, 
including of children, and the blocking of humanitarian assistance.
    UNMIL peacekeepers, DDRR exercises, and CIVPOL's support for the 
interim LNP and training of a new police service improved security 
throughout the country and helped facilitate governmental efforts to 
improve human rights. Since the NTGL assumed power, there have been no 
reports that government security forces were responsible for unlawful 
killings, summary executions, disappearances, or torture. There have 
also been no reports that the Government restricted freedom of speech 
and of the press, detained and intimidated journalists, restricted 
freedom of movement, harassed human rights monitors, or discriminated 
against particular ethnic groups.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Arbitrary and Unlawful Deprivation of Life.--Unlike in the 
previous year, there were no reports of political or unlawful killings. 
In 2003, former government and rebel combatants killed an undetermined 
number of civilians, who were suspected of being rebel or government 
sympathizers respectively, by shooting them, burning them alive, or 
cutting their throats; numerous IDPs were killed during repeated raids 
on their camps. The NTGL took no steps to investigate any of the 
summary executions, killings, or other crimes committed during the 
1999-2003 civil war.
    During the year, CIVPOL investigators and human rights 
organizations uncovered evidence of serious human rights abuses 
committed by security forces in 2003. The bodies of 20 persons who 
appeared to have been executed were discovered at 7 locations in River 
Gee and Maryland counties. Government forces were believed to be 
responsible for the executions in six of the locations; MODEL forces 
were believed to be responsible in one. Six human skulls were found at 
a military base in Tubmanburg that was used by both LURD and MODEL 
forces. In February, the Catholic Justice and Peace Commission reported 
evidence that in 2002, former government forces had massacred hundreds 
of civilians near Tubmanburg; men, women, and children reportedly were 
herded into trucks, killed, and dumped into a river.
    General Benjamin Yeaten, who was believed to have executed or 
supervised the 2003 execution of former Deputy National Security 
Minister John Yormie and former Deputy Public Works Minister Isaac 
Vaye, remained in self-imposed exile at year's end; Yormie and Vaye 
were arrested in 2003 for alleged coup plotting against former 
President Taylor.
    There were no developments in any of the following 2003 cases: The 
February AFL stabbing and killing of First Lieutenant Francis Sumo; the 
March ATU killing of Alex Boye; the alleged May killings by security 
forces of Sierra Leone rebel leader Sam ``Mosquito'' Bockarie and his 
family; and the May killing of SSS Officer Richard Taylor.
    There were no developments in any of the 2002 reported cases of 
killings by security forces.
    During the year, former government and rebel combatants were 
responsible for civilian deaths. For example, on March 20, a former 
MODEL fighter in Buchanan reportedly beat a civilian who refused to 
hand over his food; the civilian subsequently died.
    On May 17, numerous former soldiers from the Taylor administration 
set up roadblocks, smashed cars, and looted shops during a 
demonstration to demand immediate payment of the remaining money from 
their resettlement grants; one person was killed, and four were 
injured.
    The NTGL conducted no investigations into summary executions and 
other killings committed by MODEL, LURD, or other rebel elements during 
the civil war.
    Incidents of ritualistic killings, in which human body parts used 
in traditional rituals were removed from the victim, occurred during 
the year (see Section 2.c.).
    Mob violence exacerbated by ethnic conflict, religious differences, 
political divisions, vigilantism, and high unemployment resulted in 
deaths. For example, on September 13, a dispute between marketeers and 
criminals erupted into mob violence that resulted in at least one 
death, numerous injuries, and the looting and burning of buildings.
    On October 28, a land dispute in Monrovia between Muslim Mandingos 
and Christian non-Mandingos erupted into a riot that resulted in 19 
deaths, hundreds of injuries, and the looting and burning of 
businesses, mosques, and churches. UNMIL forces arrested approximately 
250 persons on charges ranging from murder and arson to breaking an 
NTGL-imposed curfew. It was unclear whether the violence was triggered 
by religious conflict, ethnic differences, or other factors.

    b. Disappearance.--Unlike in the previous year, there were no 
reports of politically motivated disappearances. During the civil war, 
government security forces and rebels were responsible for numerous 
disappearances.
    The welfare and whereabouts of former Chief of Intelligence 
Peterson Marbiah, who disappeared when John Yormie and Isaac Vaye were 
arrested in June 2003, remained unknown at year's end (see Section 
1.a.).
    The 15 persons abducted in September 2003 from Todee by former 
government militia remained missing at year's end.
    Most of the ethnic Mandingo youths abducted between September 2002 
and March 2003 by former government security forces for suspected 
involvement with LURD remained unaccounted for at year's end.
    There were no developments in the numerous 2002 abductions by 
former government militiamen.
    During the year, LURD claimed to have investigated the 2003 
disappearance of foreign citizen Nabil Hage and uncovered no 
information surrounding the incident; Sekou Kamara, the LURD member who 
reportedly had been seen wearing Hage's army uniform, remained in self-
imposed exile in Guinea at year's end. In December, UNMIL opened an 
investigation into the incident.
    There were no developments in other 2003 and 2002 abductions by 
LURD.

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The Constitution prohibits such practices; however, in the 
past, police and security forces frequently tortured, beat, raped, and 
otherwise humiliated persons, particularly during interrogations of 
LURD detainees at Gbatala security training base. During the year, 
there were no reports of torture; however, interim LNP officers 
sometimes abused, harassed, and intimidated persons (see Section 1.d.).
    Unlike in the previous year, security forces did not target or 
abuse critics of the Government, including journalists, students, and 
human rights activists.
    During the year, former government and rebel combatants were 
responsible for civilian deaths and injuries (see Section 1.a.). During 
the first half of the year, former combatants with the Taylor 
administration, LURD, and MODEL harassed travelers, displaced persons, 
and humanitarian aid workers in areas not under UNMIL control. 
Demonstrations by former combatants to protest disarmament, UNMIL 
deployments, or the Government's failure to complete payment of 
resettlement grants resulted in deaths, injuries, and the looting of 
property (see Section 1.a.).
    Former combatants who had reorganized as gangs subjected IDP 
populations to rape, battery, extortion, and theft (see Section 2.d.).
    Sexual violence and rape were common during the civil war. 
According to Amnesty International, 73 percent of women over 18 who 
registered for DDRR reported some kind of sexual abuse. During the 
year, NGOs working in IDP camps reported incidents of rape, including 
the rape of children.
    Unlike in the previous year, there were no reports of civilian 
deaths and injuries as a result of violent clashes among rival security 
personnel.
    The law prohibits trial-by-ordeal--commonly the placement of a 
heated metal object on a suspect's body in an attempt to determine 
whether the defendant is telling the truth; however, the practice 
reportedly continued in rural areas.
    Mob violence during the year resulted in deaths and injuries (see 
Section 1.a.).
    Prison conditions were harsh and in some cases life threatening; 
however, unlike in the previous year, there were no reports that the 
Government operated unofficial detention facilities where detainees 
were tortured. The Government did not provide detainees or prisoners 
with adequate food or medical care. Cells at Monrovia Central Prison 
were overcrowded, mostly with detainees awaiting trial; however, during 
the year, international organizations began providing food and hygiene 
to the prison. In some counties, the structure that served as a jail 
was a container with bars at one end. There also were reports that 
local officials forced prisoners to work for them.
    Women were held in separate cells in conditions comparable to those 
of the male prisoners and detainees. There were no separate facilities 
for juvenile offenders. Women and particularly juveniles were subject 
to abuse by guards or other inmates. Convicted prisoners and detainees 
awaiting trial were not held in separate facilities.
    The Government permitted the independent monitoring of prison 
conditions by local human rights groups, the media, and the 
International Committee of the Red Cross (ICRC). Some human rights 
groups, including the ICRC, paid regular visits to detainees at police 
headquarters and prisoners at the Monrovia Central Prison.

    d. Arbitrary Arrest or Detention.--The Constitution prohibits 
arbitrary arrest and detention; however, security forces continued to 
arrest and detain persons arbitrarily, although less frequently than in 
previous years.
    During the year, CIVPOL assisted with the restructuring, 
recruitment, training, and equipping of an interim police force until a 
full replacement force could be trained. This interim LNP was staffed 
with police officers who served under the former Taylor administration, 
excluding those who were hired during that administration. The interim 
LNP operated independently and retained arrest authority; however, 
CIVPOL accompanied LNP officers in joint patrols around Monrovia.
    There were reports of police brutality, particularly during 
demonstrations. Police handling of mob violence resulted in deaths (see 
Section 1.a.). Police had limited logistics and forensic capabilities 
and did not adequately investigate many crimes, including murder cases. 
When the courts released known criminals for lack of evidence, police 
officers often arrested them again on false charges. During the year, 
CIVPOL and UNMIL investigated some alleged abuses by the LNP, including 
reports that the Deputy Chief of the interim LNP was taking bribes; the 
Deputy Chief subsequently was dismissed. However, corruption remained 
widespread, and abusers were seldom charged or disciplined. Public 
confidence in the police remained low.
    The Constitution provides for the rights of the accused, including 
warrants for arrests and the right of detainees either to be charged or 
released within 48 hours; however, warrants were not always based on 
sufficient evidence, and detainees, particularly those without the 
means to hire a lawyer, often were held for more than 48 hours without 
charge. The law also provides for bail, which was determined primarily 
by the severity of the alleged crime. The law provides for prompt 
access to counsel; however, the Government did not ensure such access 
for all detainees. In the past, security forces sometimes refused to 
produce suspects being held in detention without charges even after the 
courts issued writs of habeas corpus on the application of human rights 
organizations.
    Unlike in the previous year, there were no reports that security 
forces arbitrarily arrested and detained journalists, NGO members, 
human rights activists, religious leaders, and students; however, there 
were a few arbitrary arrests, and the NTLA threatened to arrest persons 
who criticized the NTLA (see Section 2.a.).
    Former rebel combatants arbitrarily arrested civilians and IDPs 
during the year. For example, in June, former LURD combatants in 
Tubmanberg detained a man for 3 days in a small metal cage and denied 
him food or water. In a separate incident, LURD combatants on August 1 
reportedly assaulted one of five persons they had bound and left 
overnight on the Guthrie rubber plantation; the five were released the 
following day.
    The Constitution provides for the right of a person who is charged 
to receive an expeditious trial; however, lengthy pretrial and pre-
arraignment detention remained serious problems. In some cases, the 
length of the pretrial detention equaled or exceeded the length of 
sentence for the crime.
    Unlike in the previous year, there were no reports that the 
Government used house arrest or held political detainees.

    e. Denial of Fair Public Trial.--Although the Constitution provides 
for an independent judiciary, judges were subject to political, social, 
familial, and financial pressures, and the judiciary was corrupt. 
Courts regularly received bribes or other illegal gifts out of damages 
that they awarded in civil cases. Defense attorneys often suggested 
that their clients pay a gratuity to appease judges, prosecutors, and 
police officers to secure favorable rulings. Some judges and 
magistrates were not lawyers. By statute members of the bar must be 
graduates of a law school and pass the bar examination; however, the 
judiciary determined that it was not feasible to retire all judicial 
personnel who were not legally trained. There were frequent reports of 
executive branch influence over the judiciary.
    The judiciary is divided into four levels, with the Supreme Court 
at the apex. Unlike in the previous year, all levels of the court 
system in Monrovia, including the Supreme Court, operated regularly. 
The Government was unable to revitalize the court system outside of 
Monrovia due to the war and a lack of trained personnel, a lack of 
infrastructure, and inadequate funding. Although judges were assigned 
throughout the country, in some cases they were unable to hold court 
due to lack of security, supplies, or equipment. Traditional forms of 
justice administered by clan chieftains remained prevalent in some 
localities (see Section 1.c.).
    Under the Constitution, defendants have due process rights; 
however, in practice these rights were not always observed. Defendants 
in criminal trials enjoy a presumption of innocence and have the right 
to an attorney, to confront witnesses in a public trial, and to appeal 
adverse decisions; however, many of these protections were not 
available to defendants who could not pay bribes. There was no 
effective system to provide public defenders, especially in rural 
areas. Some local NGOs provided legal services to indigents and others 
who had no representation. There continued to be long delays in 
deciding cases involving juveniles.
    There were no reports of political prisoners.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The Constitution provides for the right of privacy and 
the sanctity of the home and requires that police obtain a warrant or 
have a reasonable belief that a crime is in progress, or is about to be 
committed, before entering a private dwelling; unlike in the previous 
year, when police and paramilitary officers entered private homes, 
churches, and newspaper offices without warrants, the Government 
generally respected these rights.
    Unlike in the previous year, there were no reports that security 
forces conducted cordon and search operations or entered homes and 
compelled local communities to provide food, shelter, and labor; 
however, security forces on occasion extorted money and goods from 
citizens. Former rebel combatants continued to compel communities to 
provide for them. For example, on January 25, approximately 50 former 
MODEL combatants entered the homes of the inhabitants of Timbo village 
and stole their food and money.
    Unlike in the previous year, there were no reports that the 
Government surveilled opposition figures or monitored private 
communication.
    Unlike in the previous year, there were no reports that former 
government security forces forcibly conscripted men and boys, including 
IDPs; however, former rebel combatants continued the practice (see 
Sections 2.d. and 5).
    Unlike in the previous year, there were no reports that the 
Government arrested family members to persuade suspects to turn 
themselves in.
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, although less frequently than in previous 
years. Unlike in the past, there were no reports that security agents 
detained or assaulted journalists or that cabinet ministers forced 
journalists to drop or modify critical articles; however, during the 
year, the NTLA threatened to arrest persons who criticized the 
legislative body or refused to appear before it. In the past, there 
were reports of journalistic self-censorship; however, there were no 
such reports during the year. Unlike in previous years, the Government 
did not restrict academic freedom. The University of Liberia reopened 
in March.
    In Monrovia, there were 18 newspapers that published during the 
year, with varying degrees of regularity. Two were independent dailies 
and five usually appeared at least once a week. Their political 
orientation ranged between criticism and support of the Government. All 
newspapers were printed through one printing facility; however, unlike 
in previous years, the Government did not pressure facility managers 
not to print critical articles.
    Due to the high price of newspapers, the high rate of illiteracy 
(estimated at 75 percent), high transportation costs, and the poor 
state of roads elsewhere in the country, newspaper distribution 
generally was limited to the Monrovia region. As a result, radio was 
the primary means of mass communication.
    There were at least five FM stations that regularly broadcast in 
Monrovia. Most stations broadcast daily from 5:00 a.m. to midnight. 
Call-in radio talk shows were popular and frequently a forum for both 
government and opposition viewpoints. Interviews with prominent persons 
were broadcast frequently. Unlike in the previous year, the Government 
did not pressure radio stations that broadcast critical views.
    There were three local television stations; however, television was 
limited to those who could purchase sets, generators, and fuel to 
provide electricity. For those persons and businesses with satellite 
capability, CNN and BBC generally were available.
    Unlike in the previous year, there were no reports that the 
Government harassed, arbitrarily arrested, or assaulted journalists who 
criticized the Government; closed or vandalized media outlets; 
threatened advertisers who did business with such outlets; required 
journalists to apologize in writing prior to releasing them; censored 
local reporting on the insurgency; or harassed international 
correspondents by suspending their credentials or imposing irregular 
accreditation fees.
    No action was taken during the year against ATU forces responsible 
for the January 2003 torture of Throble Suah, a reporter for the 
Liberian Inquirer newspaper.
    During the year, journalists reportedly extorted money from 
citizens by threatening to publish negative articles about them and 
accepted bribes from politicians to publish negative articles about 
their opponents.
    The Government did not restrict access to the Internet.
    Unlike in the previous year, there were no attacks on journalists 
by unknown persons, rebel abductions of journalists, or looting and 
burning of the homes of journalists.

    b. Freedom of Peaceful Assembly and Association.--The Constitution 
provides for the right of peaceful assembly, and the Government 
generally respected this right in practice; however, government 
security forces and UNMIL troops forcibly dispersed several violent 
demonstrations during the year (see Section 1.a.). In November, the 
NTGL announced that demonstrators would be required to seek permits 
from the Justice Ministry 72 hours before planned demonstrations; 
however, the policy was not enforced.
    Interim LNP and UNMIL troops frequently used tear gas to disperse 
demonstrations during the year. There were reports of police brutality, 
particularly during demonstrations, and reports that UNMIL troops beat 
demonstrators.
    In January and early March, violent student protests erupted when 
the University of Liberia, which had been closed since early 2003, 
failed to reopen, as promised; there were no reported injuries, and the 
University reopened in March.
    No action was taken against security forces who forcibly dispersed 
and beat demonstrators in 2003.
    The Constitution provides for the right of association, and the 
Government generally respected this right in practice. There were 18 
registered political parties. Dozens of civil society organizations, 
organized around themes such as human rights, women's issues, 
development objectives, poverty alleviation, health concerns, and 
worker's associations, were active.

    c. Freedom of Religion.--The Constitution provides for freedom of 
religion, and the Government generally respected this right in 
practice. During the year, respect for religious freedom improved. 
Since taking office, the NTGL at all levels worked to protect this 
right in full and did not tolerate its abuse, either by governmental or 
private actors. Unlike the former Taylor government, the NTGL did not 
harass, marginalize, or attempt to intimidate the Muslim population; 
however, religious differences between Muslims and Christians 
contributed to mob violence during the year.
    All organizations, including religious groups, must register with 
the Government; however, traditional indigenous religious groups were 
not required to register, and generally did not do so. Registration was 
routine, and there were no reports that the registration process was 
burdensome or discriminatory in its administration.
    Although the law prohibits religious discrimination, Islamic 
leaders complained of discrimination against Muslims. During the year, 
an increased number of Muslims held senior government positions; 
however, many Muslims believed they were bypassed for lower-level civil 
service positions. Many Muslim business proprietors believed that the 
Government's decision to enforce an old statute prohibiting business on 
Sunday discriminated against them.
    Some tensions existed between the major religious communities. The 
private sector in urban areas, particularly in the capital, gave 
preference to Christianity in civic ceremonies and observances, and 
discrimination against followers of other organized religions affected 
areas of individual opportunity and employment. There was an interfaith 
council that brought together leaders of the Christian and Islamic 
faiths.
    Ethnic, religious, and other differences between Muslim Mandingos 
and Christian non-Mandingos in Monrovia contributed to mob violence 
(see Section 1.a.). Ethnic tensions continued in Lofa County between 
the predominantly Muslim Mandingo ethnic group and the Lorma ethnic 
group.
    Incidents of ritualistic killings increased during the year due to 
the breakdown of law and order in rural counties, including Maryland 
County. Little reliable information was readily available about 
traditions associated with ritualistic killings in which body parts 
used in traditional indigenous rituals were removed from the victim; 
however, they continued to occur. The number of such killings was 
difficult to ascertain, since police often described deaths as 
accidents even when body parts were removed. It was believed that 
practitioners of traditional indigenous religions among the Grebo and 
Krahn ethnic groups concentrated in the southeastern counties most 
commonly engaged in ritual killings. The victims were usually members 
of the religious group performing the ritual, and body parts removed 
from a member whom the group believed to be powerful were considered to 
be the most effective ritually. Ritual killings for the purpose of 
obtaining body parts traditionally were committed by religious group 
members called ``heart men;'' however, since the 1990-96 civil war, 
common criminals also may have sold body parts.
    During the first 3 months of the year, there was an increase in the 
number of mysterious deaths in and around Monrovia, and residents 
blamed such deaths on ritualistic killers; however, no evidence was 
found to support their claim.
    Nyema Brooks, Ma-Gbanni, and Dio Tyre Dennis, who were arrested and 
jailed in 2002 at the Harper Central Prison in Maryland County for the 
alleged ritualistic killing of 11th grade student Dio Dennis, 
disappeared from the jail after MODEL captured Harper in May 2003; they 
were believed to have escaped and fled.
    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, the Government sometimes did not respect these rights 
in practice. As of year's end, government forces effectively controlled 
most of the country, including all major border crossings. A few small 
areas remained under the control of former LURD and MODEL combatants. 
There were reports that government officials harassed, delayed, and 
extracted bribes from ethnic Mandingos.
    At year's end, there were reports that LNP officers had resumed the 
practice of subjecting travelers to arbitrary searches and petty 
extortion at checkpoints in and around Monrovia; however, unlike during 
the previous year, there were no reports that government forces raped 
travelers or beat and robbed IDPS.
    After October riots, the Government imposed a curfew in Monrovia 
(see Section 1.a.); the curfew was lifted in November.
    The Constitution prohibits forced exile, and the Government did not 
use it. Numerous student activists, opposition figures, and human 
rights activists who fled the country during the civil war due to fear 
for their personal safety or that of their families returned during the 
year.
    Relief agencies estimated that at year's end, more than 300,000 
IDPs remained in camps, settlements, and communities throughout the 
country as a result of the 1999-2003 civil war. Conditions at most 
camps were poor, and food, sanitation, and security were inadequate. 
During the year, the Government worked with international organizations 
to return IDPs to their homes; however, delays in disarmament, 
insufficient resources, and lingering perceptions that the Government 
was unable to provide security beyond Monrovia and major towns hindered 
these efforts. Thousands of IDPs from Grand Kru, Sinoe, Maryland, and 
Rivercess counties in the southeast and Lofa and Gbarpolu counties in 
the northwest had not returned to their homes by year's end due to 
security concerns, lack of transport, and inadequate support. IDP 
populations were subject to rape, battery, arbitrary arrest, extortion, 
and theft perpetuated primarily by former government and rebel 
combatants who had reorganized as gangs.
    Unlike in the previous year, government and rebel militias did not 
forcibly conscript IDPs to fight against LURD.
    Between 250,000 and 300,000 refugees from the country remained in 
neighboring countries, primarily in Sierra Leone, Guinea, Cote 
d'Ivoire, and Ghana. Approximately 50,000 refugees have returned to the 
country without UNHCR assistance; however, many remained in IDP camps 
due to continuing instability in the country, particularly in rural 
areas. On September 22, the NTGL, the Government of Ghana, and the 
UNHCR signed an agreement for the progressive voluntary repatriation of 
42,000 Liberian refugees living in Ghana; approximately 450 had been 
repatriated by year's end.
    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, and granted refugee 
status or asylum. The Government generally cooperated with 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.
    Refugees were also subject to abuse, primarily by former government 
and rebel combatants who had reorganized as gangs.
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 1997 
elections that international observers deemed administratively free and 
transparent; however, the elections were conducted in an atmosphere of 
intimidation, because most voters believed that military forces loyal 
to Taylor would have resumed the 1990-1996 civil war if he had lost. 
Because the legislative elections were held on the basis of 
proportional representation, Taylor's NPP won control of the former 
legislature by the same 75 percent majority that he received in the 
popular vote for the presidency. Elections to restore constitutional 
government were scheduled for October 2005.
    The CPA, negotiated between the warring parties, the registered 
political parties, and representatives from civil society, was designed 
to end several years of active conflict primarily between the 
Government and LURD. As a political compromise, the CPA suspends 
certain articles of the Constitution temporarily, but states that 
articles not in conflict with the CPA remain in effect. The roles of 
president and vice president were replaced by a chairman and vice 
chairman, and ministries were apportioned based on political 
affiliation. The executive branch is headed by a Chairman and Vice 
Chairman. Ministerial positions are apportioned between members of the 
former warring parties, the registered political parties, and civil 
society. The NTGL has a unicameral legislature, the National 
Transitional Legislative Assembly (NTLA), which replaced the Congress 
in October 2003; Bryant assumed the role of Chairman.
    The NTLA was sometimes susceptible to executive branch influence; 
however, the legislative branch exercised considerably more 
independence than it did during the Taylor administration.
    The State is highly centralized. The chairman of the NTGL appoints 
the superintendents (governors) of the 15 counties in consultation with 
the former warring parties; however, the parties frequently complained 
that they were not consulted. Municipalities and chieftaincies were 
supposed to elect their own officials; however, elections--postponed in 
1998 and 2003 due to lack of funds and disorganization--were 
rescheduled for no later than October 2005. Local governments had no 
independent revenue base and relied entirely on the central Government 
for funds. As a result, the Government effectively did not function 
outside of Monrovia and one or two larger towns. Education, health 
services, and public works were provided by international organizations 
and NGOs. Local officials served mainly to lobby the central 
Government.
    Unlike in the previous year, the Government generally paid civil 
service salaries; however, corruption and impunity in the executive and 
legislative branches were serious problems. Political groups reportedly 
used bribery to buy the loyalty of various constituencies in 
anticipation of the scheduled 2005 elections.
    The law provides for ``no limitation on the public right to be 
informed about the Government and its functionaries''; however, no 
procedures for obtaining such information had been established.
    Several women held ranking positions in the Government and the 
NTGL. There were 4 women in the 76-seat legislature, 3 female cabinet 
Ministers, and 1 woman on the 5-person Supreme Court.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    A number of domestic and international human rights groups 
generally operated without government restriction, investigating and 
publishing their findings on human rights cases. Unlike in previous 
years, government officials were somewhat cooperative and responsive to 
their views; however, former rebel combatants blocked the delivery of 
humanitarian supplies.
    Domestic human rights organizations were underfunded and 
understaffed, and their personnel lacked adequate training. There were 
three coalitions of human rights groups: The National Human Rights 
Center of Liberia had nine member organizations; eight other groups 
comprised the Network of Human Rights Chapters; and four belonged to 
the Federation of Human Rights Organizations. These organizations 
sought to increase public discussion of human rights problems. During 
the year, several domestic human rights organizations established 
branches outside of the capital to visit detainees and prisoners.
    During the year, the Government worked to facilitate the free and 
safe passage of relief supplies by international NGOs and permitted 
visits by the U.N. Security Council, the ICRC, and various U.N. 
agencies (see Section 1.c.). However, early in the year, there were 
several incidents in which former combatants blocked humanitarian 
assistance or otherwise jeopardized humanitarian relief efforts. In 
May, a foreign medical relief agency closed its mission after former 
security forces of the Taylor administration robbed and intimidated the 
agency.
    There were no developments in the 2003 case in which unidentified 
assailants assaulted and sexually abused three nieces of Ishmael P. 
Campbell, a human rights advocate and Vice President of the Liberia Bar 
Association.
    During the year, the Government created the Independent National 
Commission on Human Rights (INCHR) to monitor compliance with human 
rights provided for in the CPA and to promote human rights education in 
the schools, media, police, and military; however, the INCHR was 
largely ineffective due to insufficient funding.
    The CPA created a Truth and Reconciliation Commission (TRC) to 
provide a forum for the perpetrators and victims of human rights abuses 
and to promote reconciliation and rehabilitation; however, the TRC took 
few actions during the year and was largely ineffective.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The Constitution prohibits discrimination based on ethnic 
background, race, sex, creed, place of origin, or political opinion; 
however, the Government did not effectively enforce these provisions. 
There were no laws against gender discrimination, ethnic 
discrimination, or FGM. Differences involving ethnic groups, notably 
the Krahn, Mano, Gio, Lorma and Mandingo ethnic groups, continued to 
contribute to serious political violence and abuses.

    Women.--Domestic violence against women was widespread; however, 
neither the Government, the courts, nor the media seriously addressed 
the problem. Several NGOs in Monrovia and Buchanan continued programs 
to treat abused women and girls and to increase awareness of their 
rights.
    Rape is illegal; however, the Government did not enforce the law, 
and rape was common, especially in IDP camps (see Section 2.d.). No 
perpetrators were prosecuted during the year.
    FGM traditionally was performed on young girls in northern, 
western, and central ethnic groups, particularly in rural areas. 
Because social structures and traditional institutions, such as the 
secret societies that often performed FGM as an initiation rite, were 
undermined by the war, many experts believed that the incidence of FGM 
had dropped to as low as 10 percent. However, since the end of the 
civil war, traditional societies were reestablishing themselves 
throughout the country, and the practice of FGM continued. The most 
extreme form of FGM, infibulation, was not practiced. The Government 
took no action against FGM during the year, and on July 18, the head of 
the INCHR publicly condoned FGM on cultural grounds; however, he 
subsequently attempted to retract his statements.
    Prostitution is illegal; however, it was widespread.
    Women never recovered from the setbacks caused by the 1990-96 war, 
when many schools were closed and they were prevented from maintaining 
their traditional roles in the production, allocation, and sale of 
food. In the wake of the 1999-2003 civil war, thousands of women 
remained displaced and prevented from pursuing livelihoods or 
education.
    Women married under civil law can inherit land and property; 
however, women married under traditional laws are considered the 
properties of their husbands and are not entitled to inherit from their 
husbands or retain custody of their children if their husbands die. The 
Government prohibits polygyny; however, traditional laws permit men to 
have more than one wife. Women's organizations, particularly AFELL, 
continued to press for legislation on behalf of inheritance rights in 
traditional marriages.
    During the year, professional women's groups--including lawyers, 
market women, and businesswomen--remained vocal about their concerns 
regarding government corruption, the economy, security abuses, rape, 
domestic violence, and children's rights. Government officials often 
responded negatively to public criticism.

    Children.--The Government generally was unable to provide for the 
education and health of children. Due to the poor condition of 
government schools, many children who attended school, particularly in 
Monrovia, went to private institutions. Since many private schools 
still needed to be refurbished due to wartime damage, school fees 
remained relatively high, thereby making education unattainable for 
many school-age children. In both public and private schools, families 
of children often were asked to provide their own books, pencils, 
paper, and even desks. According to a 2003 UNICEF report, more than 
half of school-age children did not attend school.
    FGM was performed primarily on young girls (see Section 5, Women).
    Child prostitution and trafficking were problems (see Section 5, 
Trafficking).
    More than 11,000 children were disarmed and demobilized during 
UNMIL's DDRR program. ICRC efforts to reunite children who had been 
separated from their families during the war, including child soldiers, 
continued during the year. At year's end, approximately 145 children 
had been reunited with their families; an estimated 300 children 
remained scattered within the country and in refugee camps outside of 
the country. Former child soldiers who turned over their weapons were 
entitled to a 3-month stay in an Interim Care Center (ICC), which 
offered medical aid, counseling, reading lessons, and help tracing 
families. Many children refused to leave the ICCs due to concerns for 
their personal safety and lack of schools or other support in their 
communities.
    Former rebel combatants continued to forcibly conscript persons, 
including children, to serve as porters, laborers, and sex slaves; 
however, unlike in the previous year, there were no reports that 
government forces or former government militias conducted such 
conscriptions.
    Child labor was a problem (see Section 6.d.).
    There were thousands of children living on the streets of Monrovia; 
however, it was difficult to tell who were street children, former 
combatants, or IDPs. Nearly all youths witnessed atrocities, and some 
committed atrocities themselves. Approximately 100 underfunded 
orphanages operated in and around Monrovia; however, many orphans lived 
outside these institutions. These institutions did not receive any 
government funding and relied on private donations. In December, the 
Government closed two orphanages due to ``deplorable conditions'' and 
listed another 32 for potential closure.

    Trafficking in Persons.--The law does not expressly prohibit 
trafficking in persons, and there were reports that trafficking 
occurred. During the year, the Government obstructed the prosecution of 
suspected traffickers.
    Penal Code provisions against kidnapping, forced labor, and 
prostitution could be used to prosecute traffickers; however, the 
Government did not prosecute anyone for trafficking during the year. In 
March, members of the Ukrainian state security services repatriated 
several Ukranian nationals who they claimed had been trafficked to a 
local nightclub. In May, LNP and UNMIL's trafficking-in-persons unit 
arrested the proprietress of the same nightclub on charges of 
kidnapping three Moroccan women; however, the proprietress was released 
on bail, and the case was indefinitely suspended due to obstruction by 
the Magistrate and Criminal Courts, which delayed the presentation of 
evidence and then the trial by not placing the case on the docket. The 
Government also refused to prosecute the case unless UNMIL, which does 
not pay court fees as a matter of policy, paid such fees; UNMIL charged 
that the Government's refusal was an attempt to avoid action on the 
case.
    NGO estimates of the number of persons trafficked to the country 
during the year ranged between 20 and several hundred. Victims were 
trafficked from Morocco, Ukraine, and neighboring countries.
    There were reports of forced labor, including by children, and the 
recruitment of child soldiers (see Section 5, Children, 6.c., and 
6.d.). Citizens, including children, reportedly have been trafficked to 
the Cote d'Ivoire and Sierra Leone, in some cases for commercial sexual 
exploitation.

    Persons With Disabilities.--It is illegal to discriminate against 
persons with disabilities; however, in practice, they did not enjoy 
equal access to public buildings or government services, and no laws 
mandate such access. As a result of the civil wars, a large number of 
persons had permanent disabilities, in addition to those disabled by 
accident or illness. Persons with disabilities faced discrimination, 
particularly in rural areas. Babies with deformities often were 
abandoned. Some NGOs provided services to persons with disabilities.

    National/Racial/Ethnic Minorities.--Although the Constitution 
prohibits ethnic discrimination, it also provides that only ``persons 
who are Negroes or of Negro descent'' may be citizens or own land. Many 
persons of Lebanese and Asian descent who were born or have lived most 
of their lives in the country were denied full rights as a result of 
this racial distinction.
    The country has 16 indigenous ethnic groups; each spoke a distinct 
primary language and was concentrated regionally. No ethnic group 
constituted a majority of the population.
    During the year, ethnic, religious, and other differences between 
Mandingos and non-Mandingos contributed to mob violence (see Section 
1.a.). During the Taylor administration, many Mandingo citizens fled 
their homes as a result of discrimination, arbitrary arrests, and 
violence; however, during the year, some Mandingos returned to Lofa, 
Bong, and Nimba counties, which were controlled by the Mandingo-
dominated LURD.
Section 6. Worker Rights
    a. The Right of Association.--The Constitution provides workers, 
except members of the military and police, the right to associate in 
trade unions, and workers exercised this right in practice. The 
Constitution also prohibits unions from engaging in partisan political 
activity; however, government interference in union activities, 
especially union elections and leadership struggles, was common both 
before and during the civil war.
    The actual power that the unions exercised was extremely limited. 
Since the country's work force largely was illiterate, economic 
activities beyond the subsistence level were very limited, and the 
labor laws tended to favor management.
    The law does not prohibit anti-union discrimination; however, there 
were no reports of such discrimination during the year.

    b. The Right to Organize and Bargain Collectively.--With the 
exception of civil servants, workers have the right to organize and 
bargain collectively; these rights largely were unused during the year 
because of the lack of economic activity. There are no export 
processing zones.
    A 1984 People's Redemption Council decree nullified labor laws that 
provided for the right to strike, but that decree has not been enforced 
for years. Due to the destruction of the economy and the estimated 70 
percent unemployment rate, strikes were infrequent; however, work 
stoppages related to salary arrears from the former Taylor 
administration occurred during the year.

    c. Prohibition of Forced or Compulsory Labor.--The Constitution 
prohibits forced or compulsory labor, including by children; however, 
this prohibition was ignored widely in many parts of the country, and 
there were reports that such practices occurred (see Sections 5 and 
6.d.). Unlike in the previous year, there were no reports that logging 
and mining companies forcibly recruited workers; however, in some rural 
areas, farmers were pressured into providing free labor on ``community 
projects'' that often benefited only local leaders. There also were 
reports that local officials forced convicts to work for them.
    During the year, there were reports that former LURD and MODEL 
combatants used forced labor to serve as porters, sex slaves, and to 
dig gold and diamonds in their controlled territories.

    d. Prohibition of Child Labor and Minimum Age for Employment.--The 
law prohibits the employment of children under the age of 16 during 
school hours in the wage sector; however, enforcement was lax, and 
child labor was a serious and widespread problem. The Ministry of Labor 
frequently lacked the resources to carry out its mandate. Throughout 
rural areas, particularly where there were no schools, small children 
continued to assist their parents as vendors in local markets or on the 
streets, to take care of younger brothers and sisters, and to work on 
family subsistence farms.
    Unlike in the previous year, there were no reports that government 
security forces forced children to work in the alluvial mining 
industry; however, some former government and rebel combatants 
continued the practice. Human rights groups reported instances of 
forced child labor in some rural areas, particularly in alluvial 
diamond mining.
    There were no developments in the 2002 defamation suit filed by 
legislators against human rights advocates who published a report on 
child labor in the southeastern counties.
    Rebel combatants continued to forcibly conscript persons, including 
children, to serve as porters, forced laborers, and sex slaves.

    e. Acceptable Conditions of Work.--The law requires a minimum wage 
of approximately $0.20 (10 ld) per hour not exceeding 8 hours per day, 
excluding benefits, for unskilled laborers. The law requires that 
agricultural workers be paid $1.20 (60 ld) for an 8-hour day, excluding 
benefits. Skilled labor has no minimum fixed wage, but industrial 
workers usually received three or four times the wage paid to 
agricultural workers. The highly competitive minimum wage jobs provided 
a minimal standard of living for a worker and family; however, there 
were very few such jobs. Families dependent on minimum wage incomes 
also engaged in subsistence farming, small-scale marketing, petty 
extortion, and begging. Unlike in the previous year, the Government 
generally paid civil service salaries.
    The law provides for a 48-hour, 6-day regular workweek with a 30-
minute rest period per 5 hours of work. The 6-day workweek may extend 
to 56 hours for service occupations and to 72 hours for miners, with 
overtime pay beyond 48 hours.
    The law provides for paid leave, severance benefits, and safety 
standards, but enforcement was targeted solely against profitable firms 
that generally observed these standards. There were government-
established health and safety standards that the Ministry of Labor was 
responsible for enforcing; however, the Ministry rarely enforced them. 
The law does not give workers the right to remove themselves from 
dangerous situations without risking loss of employment.
    Due to the country's continued economic problems, most citizens 
were forced to accept any work they could find regardless of wages or 
working conditions. The Ministry of Labor claimed it lacked the 
resources to monitor compliance with labor laws.
    The law protects legal, but not illegal, foreign workers.

                               __________

                               MADAGASCAR

    The country is a multiparty democracy in which the President and a 
bicameral legislature share power. President Marc Ravalomanana, who was 
elected in 2001, and his party, Tiako-I-Madagasikara (TIM), dominated 
political life. Until May 2002, when President Ravalomanana was 
declared President, incumbent President Didier Ratsiraka and his party, 
Alliance for the Rebirth of Madagascar (AREMA), disputed the results of 
the 2001 election, which resulted in widespread violence and numerous 
deaths. The December 2002 legislative elections, which international 
observers judged as generally free and fair, resulted in an 
overwhelming victory for TIM and its alliance partners, the pro-
Ravalomanana National Alliance. In the November 2003 municipal 
elections, TIM won a majority of both rural and urban mayoral seats. 
The judiciary was inefficient and remained susceptible to corruption 
and executive influence.
    The Minister for Public Security heads the national police and is 
responsible for law and order in urban areas. The Gendarmerie 
Nationale, part of the Ministry of National Defense, is responsible for 
security in all other areas of the island. Regular army units 
occasionally provided logistical support for law enforcement 
operations. The civilian authorities maintained effective control of 
the security forces. Some members of the security forces committed 
human rights abuses.
    The country was very poor with a population of 17.5 million; the 
economy was largely market-based. Services accounted for 58 percent of 
the gross domestic product (GDP), while agriculture employed four-
fifths of the population. Approximately 70 percent of the population 
was below the Government's poverty level of approximately 45 cents a 
day in income. Cyclones, inflation, and the depreciation of the local 
currency affected the economy during the year. Real GDP grew by 5.3 
percent during the year.
    The Government generally respected the human rights of its 
citizens; however, there were problems in some areas. Prison conditions 
were harsh and life threatening. Security forces arbitrarily arrested a 
journalist, demonstrators, and church members during the year. Suspects 
often were held for periods that exceeded the maximum sentence for the 
alleged offenses, and lengthy pretrial detention remained a serious 
problem. Some government officials limited freedom of speech and of the 
press, and journalists practiced self-censorship. Police forcibly 
dispersed demonstrations. Local government officials banned a religious 
group. Women continued to face some societal discrimination, and child 
labor, including forced labor, was a problem. There were reports of 
trafficking in women and girls. During the year, the Government took 
major steps to combat trafficking and child labor.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Arbitrary or Unlawful Deprivation of Life.--There were no 
reports of the arbitrary or unlawful deprivation of life committed by 
the Government or its agents. Unlike in the previous year, security 
forces did not use lethal force to disperse demonstrations.
    During the year, no investigation was conducted into the 2002 death 
of Roland Ravalomasoa, a supporter of former President Ratsiraka, who 
died from injuries sustained during interrogation by security forces. 
Despite a 2003 public request by Ravalomasoa's family for an 
investigation, the Government maintained no formal request had been 
made.
    The results of an investigation into the 2002 killing of a Canadian 
missionary by suspected pro-Ratsiraka militias were not released by 
year's end.
    No action was taken in other 2002 killings by security forces.

    b. Disappearance.--There were no reports of politically motivated 
disappearances during the year.
    Several members of the Indo-Pakistani community were kidnapped, 
generally by Indo-Pakistani assailants; the motives appeared to be 
criminal, and the victims generally were released after payment of 
ransom.
    No action was taken against the perpetrators of 2002 abductions 
attributed to pro-Ravalomanana forces.

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The Constitution provides for the inviolability of the 
person; however, security forces subjected prisoners to physical abuse. 
During the year, a gendarme in Antanimora Prison kicked a female 
prisoner in the genitals during questioning; the prisoner was unable to 
stand or walk for 7 months as a result of her injuries. The gendarme 
was arrested and subsequently released after serving an unspecified 
period of time.
    Unlike in the previous year, there were no reports that security 
forces raped female prisoners.
    Police forcibly dispersed demonstrations (see Section 2.b.).
    During the year, there were several grenade explosions throughout 
the country that appeared to target the homes and property of 
government officials and, occasionally, of members of the opposition. 
In June, approximately 60 persons were injured when grenades and 
Molotov cocktails were thrown at the houses of an opposition party 
member and prominent members of President Ravalomanana's TIM party in 
Antananarivo, Tamatave, Toliara, Fianarantsoa, and Mahajanga. The 
Government arrested 21 persons, 4 of whom were released on bail. The 
remaining detainees were still in pretrial detention at year's end. On 
November 21, three suspects were arrested after grenades exploded at 
various sites in Tamatave. Speculation about the motive of the attacks 
ranged from widespread discontent about the price of rice to opposition 
attempts to destabilize the Government. None of the suspects had been 
charged by year's end.
    Prison conditions were harsh and life threatening. The country's 99 
facilities, which were built for approximately 13,000 prisoners, held 
19,971, according to the Ministry of Justice. Prison cells averaged 
less than 1 square yard of space per inmate, and a prisoner's diet 
consisted of 100 grams of cassava per day. Families and nongovernmental 
organizations (NGOs), including the Catholic Prison Chaplains, 
supplemented the daily rations of some prisoners. There were reports of 
rapes by other prisoners. Medical care was inadequate. Malnutrition, 
malaria, tuberculosis, and pneumonia resulted in an unknown number of 
deaths during the year. Prisoners could be used as forced labor, and 
the Government acknowledged that this occurred during the year (see 
Section 6.c.).
    The Justice Ministry reported that between January 1 and June 30, 
99 prisoners died from various causes, including disease and neglect; 
two prisoners held in connection with the 2002 political crisis died 
from natural causes.
    Women were held separately from men; however, some preschool-age 
children shared cells with their incarcerated mothers. Approximately 
399 of the country's 19,971 prisoners were under 18; juveniles were not 
always held separately from the adult prison population. Pretrial 
detainees were not always kept separate from the general prison 
population.
    The Government generally accepted requests for independent 
monitoring of prison conditions. The International Committee of the Red 
Cross (ICRC) has permanent offices in the country and was permitted 
access to detention centers throughout the country and ongoing access 
to detainees held in connection with the 2002 political crisis.

    d. Arbitrary Arrest or Detention.--The Constitution provides for 
due process for persons accused of crimes and prohibits arbitrary 
arrest and detention; however, the Government did not always respect 
these provisions in practice.
    There are two national police forces in the country: The National 
Police, which has jurisdiction in cities; and the Gendarmerie 
Nationale, which is part of the armed forces and has jurisdiction in 
all other areas. Corruption persisted throughout both police forces.
    The law provides that arrest warrants be obtained in all cases 
except those involving hot pursuit; however, often a person was 
detained and jailed on no more than an accusation by another person. 
Unlike in the previous year, there were no reports that the Government 
used reservists, who operated outside the normal armed forces chain of 
command, to make arrests.
    The law provides defendants with a general right to counsel and the 
right to be informed of the charges against them; however, the 
Government was only required to provide counsel in cases in which 
indigent defendants faced charges carrying sentences greater than 5 
years. A system of bail exists; however, in practice, it was not 
available to many defendants. Magistrates often resorted to an 
instrument known as a retaining writ ("mandat de depot") by which 
defendants were held in detention for the entire pretrial period or for 
periods longer than the maximum sentence on the charges faced.
    Security forces detained a journalist, demonstrators, and church 
members during the year (see Sections 2.a., 2.b., and 2.c.).
    In January, political activist Liva Ramahazomanana, sentenced in 
2003 to 2 years' imprisonment for threatening state security and 
plotting a coup d'etat, was released after appealing directly to the 
President.
    Also in January, President Ravalomanana pardoned former Minister of 
Public Security Ben Marofo Azaly and his son, who in 2003 were 
sentenced to 5 years' imprisonment for compromising the internal 
security of the state and inciting tribal hatred.
    Long pretrial detention was a serious problem. The law mandates 
that a criminal suspect be charged or released within 48 hours of 
arrest; however, during the year, the Government detained individuals 
for significantly longer periods of time before charging or releasing 
them. In October, the Ministry of Justice reported that 13,548 persons, 
or approximately two-thirds of the entire prison population, were in 
pretrial detention. Poor record keeping, lack of resources, and the 
difficulty of access to remote parts of the island hindered the 
monitoring of pretrial detainees. Despite legal protections, 
investigative detentions often exceeded 1 year. Many detainees spent a 
longer period in investigative detention than they would have spent 
incarcerated following a maximum sentence on the charges faced.

    e. Denial of Fair Public Trial.--The Constitution provides for an 
independent judiciary; however, at all levels, the judiciary was 
susceptible to the influence of the executive and at times corrupt.
    During the year, the Government charged 12 magistrates in its 
continuing campaign against widespread judicial corruption: 1 
magistrate was acquitted, 2 were given warnings, 3 were demoted, 2 lost 
a year of service, 1 was suspended for a year, 2 were sanctioned but 
retained their positions, and the case against 1 was postponed until 
2005. During the year, the Government took action against the 12 
magistrates indicted for corruption in 2003: 3 were demoted, 2 of whom 
faced ongoing legal action; 4 were reprimanded, 2 of whom faced ongoing 
legal action; 2 were suspended for 1 year, 1 of whom was subsequently 
acquitted and 1 of whom faced ongoing legal action; 1 was suspended for 
2 years; and 2 were cleared of all charges.
    The judiciary is under the control of the Ministry of Justice and 
has four levels. Courts of First Instance hear civil cases and criminal 
cases carrying limited fines and sentences. The Court of Appeals 
includes a criminal court of first instance for cases carrying 
sentences greater than 5 years. The Supreme Court of Appeals hears 
appeals of cases from the Court of Appeals. The High Constitutional 
Court (HCC) reviews the constitutionality of laws, decrees, and 
ordinances. The judiciary also includes specialized courts designed to 
handle matters such as cattle theft.
    The Constitution provides defendants with the right to a full 
defense at every stage of the proceedings, and trials were public. 
Defendants have the right to be present at their trials, to be informed 
of the charges against them, to confront witnesses, and to present 
evidence. The law provides for a presumption of innocence; however, the 
presumption of innocence was often overlooked. A 2003 CRS report stated 
that the human rights of a person charged with a crime were often 
violated, and that there was a ``large gap between the laws that served 
to protect the rights of the accused and the implementation of these 
laws in fact.''
    Military courts are reserved for the trial of military personnel 
and generally followed the procedures of the civil judicial system, 
except that military officers are included on jury panels. Defendants 
in military cases have access to an appeals process. A civilian 
magistrate, usually joined by a panel of military officers, presides 
over military trials.
    The Constitution provides traditional village institutions with the 
right to protect property and public order. An informal, community-
organized judicial system called Dina was used in some rural areas to 
resolve civil disputes between villages over such issues as cattle 
rustling. The law limits Dina remedies to monetary damages. The Dina 
process does not ensure internationally recognized standards of due 
process; however, there were no reports that Dina resorted to sentences 
involving physical force or loss of liberty. Dina decisions may be 
appealed through formal judicial channels to a court of general 
jurisdiction or to the Office of the Mediator, which investigated and 
sought redress through formal judicial authorities.
    Of the prisoners detained for their role in the 2002 political 
crisis, 18 were still in pretrial detention at year's end, 74 with 
sentences of 3 years' imprisonment or less were pardoned, and 2 died 
(see Section 1.c.).

    f. Arbitrary Interference with Privacy, Family, Home, or 
Correspondence.--The Constitution prohibits such actions, and the 
Government generally respected these provisions in practice.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The Constitution provides for 
freedom of speech and of the press; however, the Government limited 
these rights in practice. There were reports that some government 
officials pressured the media to curb its critical coverage of alleged 
government malfeasance and intimidated journalists. Journalists 
practiced self-censorship. The Government did not restrict academic 
freedom.
    There were eight privately owned major daily newspapers and many 
other privately owned national and local news publications that 
published less frequently. The Government owned the only nationwide 
television and radio networks. Widespread illiteracy and a poorly 
developed system for distributing publications printed in the capital 
limited the effect of print media.
    In June, the Government closed Radio Say in Toliara for 
demonstrating a ``lack of respect for the President of the National 
Assembly'' and ``inciting tribal hatred.'' The station was not 
permitted to resume broadcasting by year's end.
    In July, the Betongolo gendarmerie detained without charge Rolly 
Mercia, a journalist for the Madagascar Tribune who had published an 
article that implicated several government officials in the illicit 
export of rosewood; Mercia was released after questioning.
    On December 10, security forces seized broadcasting equipment at 
Radio Feon'i Toamasina, Radio Sky FM, and Radio ny Antsika after the 
stations broadcast opposition criticism of the President; the seizures 
were ordered by the Regional Chief and the Ministry of Communications. 
The stations, which were subsequently closed for ``insulting President 
Ravalomanana'' and ``inciting tribal hatred,'' remained closed at 
year's end.
    Many journalists privately admitted practicing self-censorship, 
particularly at the local level, and there were reports that 
journalists were threatened with imprisonment, libel suits, or harm to 
their families if they criticized government and opposition officials.
    Government agencies and private companies sometimes bribed 
journalists, who generally received minimum or below minimum wages, to 
ensure positive coverage of certain events.
    The Government did not restrict access to the Internet.

    b. Freedom of Peaceful Assembly and Association.--The Constitution 
provides for freedom of assembly; however, the Government at times 
limited this right in practice. The Government routinely issued permits 
for public meetings and demonstrations.
    In June, the Government used tear gas to disperse three 
demonstrations by reservists demanding additional payment for their 
service during the 2002 political crisis; five reservists were arrested 
and awaiting trial at year's end. During one demonstration, a grenade 
carried by a demonstrator exploded, resulting in the death of the 
demonstrator and injury to 28 others.
    No investigation was conducted into any of the 2003 or 2002 cases 
in which security forces used live ammunition, teargas, or other force 
to disperse demonstrations.
    The Constitution provides for the right of association and permits 
citizens to organize political parties and associations; however, the 
Constitution also explicitly forbids associations that ``call into 
question the unity of the Nation, and those that advocate 
totalitarianism or ethnic, tribal, or religious segregation.'' There 
were numerous political parties.

    c. Freedom of Religion.--The Constitution provides for freedom of 
religion, and the Government generally respected this right in 
practice.
    Religious organizations were not required to register with the 
Ministry of Interior; however, they were urged to do so. There were no 
penalties for failure to register.
    In August, the Fianarantsoa Prefecture suspended the Universal 
Church of the Kingdom of God for inciting public disorder by allegedly 
burning a copy of the Bible during a ceremony in which ``Satan's 
materials'' were burned. In September, 2 pastors and 15 church members 
who participated in the burning were sentenced to 6 months' 
imprisonment.
    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 
fear of crime restricted travel in some areas, especially at night. 
Unlike in the previous year, there were no curfews.
    The Constitution does not specifically prohibit forced exile; 
however, the Government did not use it. Former President Ratsiraka and 
other members of his administration remained in self-imposed exile at 
year's end.
    The law does not include 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, 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. The Government 
granted refugee status or asylum and cooperated with the U.N. High 
Commissioner for Refugees and other humanitarian organizations in 
assisting the small number of refugees in the country.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The Constitution provides citizens the right to change their 
government peacefully; however, some degree of turmoil accompanied the 
three changes of government that occurred over the last 13 years.
    The country nominally was a democracy in which power was divided 
between the executive, a bicameral assembly, an independent judiciary, 
and 6 provincial and 22 regional administrations. The President 
appoints one-third of the senators.
    Political and business leaders disproportionately influenced the 
administration of the country. Political parties coalesced around a 
single powerful person, usually the president. ``Pensee Unique,'' a 
national belief in which dissent was viewed as an attack on societal 
harmony, made an effective opposition difficult in practice. 
Representatives of the president's political party usually controlled 
the National Assembly. The 2002 legislative elections and 4 follow-up 
contests held in March 2003 resulted in a substantial majority (106 of 
160) of deputies elected from the President's TIM party and the pro-
Ravalomanana National Alliance; only 6 of the country's 160 political 
parties were represented in the National Assembly. International 
observer teams found the 2002 election process to be transparent and 
the results credible, despite some organizational problems.
    In the 2001 presidential elections, which were conducted amid 
widespread allegations of fraud, former President Ratsiraka received 
40.69 percent of the vote, while his main challenger, the then-Mayor of 
Antananarivo Marc Ravalomanana received 46.49 percent. From January 
2002 to June 2002, both Ravalomanana in Antananarivo and Ratsiraka in 
the port city of Toamasina claimed to be the legitimate head of state. 
Following mediation by the Organization of African Unity in April 2002, 
the HCC gave Ravalomanana the victory, and the Armed Forces, until then 
largely neutral, began shifting their support to Ravalomanana. 
Ratsiraka and his supporters tightened the blockade around the capital 
Antananarivo by attacking its infrastructure, particularly the bridges; 
however, the Ravalomanana forces steadily gained control over the 
entire country, ultimately forcing Ratsiraka into exile in July 2002. 
Widespread, politically motivated conflict resulted in approximately 
100 deaths; blockades and infrastructure attacks by pro-Ratsiraka 
forces severely disrupted the economy.
    A series of grenade attacks during the year may have been 
politically motivated (see Section 1.c.).
    Corruption in the executive and legislative branches remained a 
serious problem. In 2003, the Government established an anti-corruption 
council and took significant steps to curb corruption, including the 
suspension of 18 mayors for alleged fiscal and administrative 
improprieties; however, none of the suspensions led to criminal 
charges. During the year, the Government continued to investigate and 
prosecute magistrates (see Section 1.e.). In July, the President 
announced a national anti-corruption strategy to make the country ``one 
of the least corrupt African countries by 2015.'' The strategy included 
the establishment of an investigative Independent Anti-Corruption 
Bureau, a new anti-corruption tribunal, compliance cells in each 
ministry, and a network of drop boxes for public complaints in each of 
the country's 111 districts; however, apart from education and 
publicity activities, few efforts were conducted during the year to 
enforce anti-corruption provisions or to sanction those who violated 
them.
    Soon after the suspension of the 18 mayors, the Government 
announced that municipal elections would be held in November 2003. The 
Government claimed the suspensions would not bar the 18 from running; 
however, the suspensions complicated preparations for the election, as 
did August 2003 legislation that established two different processes 
for municipal elections--one for large cities and the other for the 
remainder of the country. In cities, the candidate with a plurality 
won; in rural communities, a party list system (in which the winner is 
the first name on the party list receiving the plurality of votes) was 
used. Municipal councils in both urban and rural communities were 
chosen using party lists. Logistical problems, including a shortage of 
transparent ballot boxes, resulted in the elections being held on two 
different dates: November 9 and 23, 2003. The TIM party received 56 
percent of rural and 60 percent of urban mayoral seats.
    There are no laws that provide for public access to government 
information; however, President Ravalomanana has publicly stated that 
his three main priorities are ``good governance, transparency, and rule 
of law.''
    There were 8 women in the 160-member National Assembly elected in 
December 2002. Two of the 22 regional administrators appointed in 
September were women.
    There were six Muslims, one Hindu, and two Chinese-Malagasy members 
in the National Assembly. Chinese Malagasy and Muslims also held civil 
service positions. Residents of Indian origin were not represented in 
the Government because few had citizenship (see Section 5).
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    A number of local and international human rights groups operated 
without government restriction, investigating and publishing their 
findings on human rights cases. Government officials were cooperative 
and responsive to their views. The Government permitted visits during 
the year by NGOs, including the ICRC.
    The Constitution requires the Government to create apolitical 
organizations that promote and protect human rights. However, the 
governmental National Commission for Human Rights has been inactive 
since 2002, when its members' terms expired. The Government has offered 
no explanation for the delay in naming replacements.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The Constitution prohibits all forms of discrimination; however, no 
specific government institutions were designated to enforce these 
provisions.

    Women.--Domestic violence against women was a problem. Police and 
legal authorities generally intervened when physical abuse was 
reported. The Penal Code was amended in 2003 to prohibit domestic 
violence, expand the definition of rape, and prohibit sexual 
harassment.
    Prostitution was not a crime; however, related activities, such as 
pandering, are criminal. Incitement of minors to debauchery is a crime. 
The Ministry of Tourism acknowledged the problem of sexual tourism and 
conducted a workshop in July to address the issue.
    There were reports of trafficking in women (see Section 5, 
Trafficking).
    Under the law, wives have an equal voice in selecting the location 
of the couple's residence and generally received half the couple's 
assets if the marriage was dissolved. Widows with children inherit half 
of joint marital property. In practice, these requirements were not 
always observed. A tradition known as ``the customary third,'' which 
provided the wife with the right to only one-third of a couple's joint 
holdings, was occasionally observed.
    There was relatively little societal discrimination against women 
in urban areas, where many women owned or managed businesses and held 
management positions in private businesses and state-owned companies. 
In 2003, the Ministry of Labor reported that women owned 30 percent of 
formal sector companies and 53 percent of informal sector companies. 
However, women may not work in positions that might endanger their 
health, safety, and morals.
    A number of NGOs focused on the civic education of women and girls 
and publicized and explained their specific legal protections; however, 
due to illiteracy, cultural traditions, and a lack of knowledge about 
their rights, few women lodged official complaints or sought redress 
when their legal rights were compromised.

    Children.--The Ministries of Health, Education, and Population are 
responsible for various aspects of child welfare; however, lack of 
funding resulted in inadequate services and precluded the compilation 
of reliable statistics.
    The Constitution provides for tuition-free public education for all 
citizen children and makes primary education until age 14 compulsory; 
however, according to the World Bank, only 68 percent of primary 
school-age children were enrolled (see Section 6.d.). In September and 
October, the Government distributed 1.2 million sets of school supplies 
to primary school children nationwide as part of the Education for All 
program began in 2003.
    In June, UNICEF and the Government launched a 3-year campaign to 
improve birth registration rates. The country has no uniform birth 
registration system, and unregistered children were not eligible to 
attend school or obtain healthcare services. A 2000 UNICEF study found 
that approximately 2.5 million children under 17 were not registered.
    Child prostitution was a problem. According to a continuing study 
conducted by the International Labor Organization's International 
Program for the Elimination of Child Labor (IPEC), there were 
approximately 700 to 800 child prostitutes in the city of Nosy Be and 
more than 2,000 in Toamasina. Some child prostitutes reported earning 
several times the average per capita monthly income. Acute poverty and 
lack of family support were the primary reasons that children engaged 
in prostitution.
    There were reports of child trafficking (see Section 5, 
Trafficking).
    Child labor, including forced labor, was a problem. In June, the 
Ministry of Labor hosted a workshop that approved a national strategy 
to combat the Worst Forms of Child Labor (see Section 6.d.).

    Trafficking in Persons.--The law does not specifically prohibit 
trafficking in persons, and there were reports of trafficking in women 
and girls for prostitution between the country and the neighboring 
islands of Mauritius and Reunion. Traffickers may be prosecuted under 
provisions of the Penal and Labor Codes that prohibit pedophilia and 
sexual tourism; however, there were no reports during the year of 
arrests for trafficking.
    During the year, the Government took several steps to combat 
trafficking. The Government began a review of existing anti-trafficking 
legislation, including adoption regulations; shut down several 
international adoption rings that were suspected of trafficking under 
the guise of adoption; and launched a criminal investigation into a 
suspected case of large-scale adoption fraud. Three new Minors' 
Brigades (police units that specialized in child welfare) were 
established in the provinces, and police raided 3 nightclubs where 53 
minors were illegally present. The Government initiated an aggressive 
anti-trafficking information campaign and worked with UNICEF to train 
police in six provincial cities to protect the rights of minors. The 
Ministry of Tourism initiated a program to identify and report tour 
operators offering sexual tourism services. The Government also 
continued to construct Welcome Centers for the victims of trafficking 
and forced labor (see Section 6.d.).

    Persons With Disabilities.--There was no official discrimination 
against persons with disabilities in employment, education, or in 
access to state services. The law broadly defines the rights of persons 
with disabilities and provides for a national commission and regional 
sub-commissions to promote the rights of persons with disabilities; 
however, neither a national commission nor the regional sub-commissions 
had been established by year's end. International NGOs and numerous 
local associations, including the Collective of Organizations 
Advocating for Persons with Disabilities, advocated for legislation 
mandating equal access for persons with disabilities and the 
establishment of the National Commission.
    During the year, the Government intervened to assist in two cases 
in which students had been denied the opportunity to take entrance 
exams because of their disabilities; in both cases, the students were 
allowed to reschedule their exams. There were 24 state-sponsored 
educational facilities in the country for persons with disabilities.
    In December, the Government encouraged the employment of persons 
with disabilities at national and regional levels of government and 
ordered that persons with disabilities be provided with: Medical 
treatment in public and private medical centers; employment without 
discrimination; eligibility for civil service vacancies; and education 
at public schools and vocational training centers, which were 
responsible for ensuring accessibility.

    National/Racial/Ethnic Minorities.--The Malagasy, of mixed Malay-
Polynesian, African, and Arab descent, were divided into 18 tribes, a 
term without pejorative overtones in the country. The vast majority of 
Malagasy spoke a single Malagasy language. None of the 18 tribes 
constituted a majority. There were also minorities of Indo-Pakistani, 
Comorian, and Chinese heritage in the country.
    A long history of military conquest and political dominance raised 
the status of highland ethnic groups of Asian origin, particularly the 
Merina, above that of coastal groups of African ancestry. This 
imbalance has fueled an undercurrent of tension between citizens of 
highland and coastal descents. Ethnicity, caste, and regional 
solidarity often were factors in hiring practices.
    An economically significant Indo-Pakistani community, commonly 
referred to as Karana, has been present for over a century. 
Traditionally engaged in commerce, the Karana number approximately 
20,000 persons. Few hold citizenship, which must be acquired through a 
native-born Malagasy mother, and many believed they were denied full 
participation in society and subject to discrimination.
    In August 2003, a law was passed to permit foreigners to own land.
Section 6. Workers Rights
    a. The Right of Association.--The law provides that public and 
private sector workers may establish and join labor unions of their 
choosing without prior authorization; however, essential service 
workers, including police and military personnel, may not form unions. 
Unions were required to register with the Government, and registration 
was granted routinely. Ministry of Labor statistics indicate that 14 
percent of workers in export processing zone (EPZ) companies and less 
than 10 percent of all workers were unionized. Between 70 and 80 
percent of the workforce were engaged in agriculture. Despite the 
existence of several public employees' unions, few public employees 
were union members.
    The Labor Code prohibits discrimination by employers against labor 
organizers, union members, and unions; however, a December CRS report 
on working conditions in the EPZs indicated that some employees did not 
join unions due to fear of reprisal. In the event of antiunion 
activity, unions or their members may file suit against the employer in 
civil court.

    b. The Right to Organize and Bargain Collectively.--The 
Constitution provides for the right of workers to bargain collectively; 
however, collective bargaining agreements remained rare. The Labor Code 
states that either management or labor may initiate collective 
bargaining. The Government set civil servant wages and endorsed minimum 
wages proposed by the private sector (see Section 6.e.).
    The Constitution provides for the right to strike, including in 
EPZs, within parameters fixed by law, and workers exercised this right 
during the year. The Labor Code calls for workers to exhaust all 
options including conciliation, mediation, and arbitration before 
resorting to strikes. Workers in essential services have a recognized 
but restricted right to strike; however, they did not exercise this 
right during the year.

    c. Prohibition of Forced or Compulsory Labor.--The Labor Code 
prohibits forced or compulsory labor, including by children; however, 
at times the Government did not respect this prohibition, specifically 
with respect to prison labor. Prisoners and pretrial detainees were 
hired out to private firms and government officials who provided basic 
amenities such as food and clothing in return for the prisoners' labor. 
In September, the Ministry of Labor released a study highlighting cases 
of forced labor among ``pousse-pousse'' (rickshaw) drivers, petty 
merchants, and apprentices.

    d. Prohibition of Child Labor and Minimum Age for Employment.--The 
Labor Code prohibits persons under age 18 from working at night and at 
sites where there is an imminent danger to health, safety, or morals; 
however, child labor was a problem. A 2003 statute raised the minimum 
age for employment from 14 to 15 years of age.
    Nearly 13 percent of urban children and 36 percent of rural 
children between the ages of 10 and 14 were intermittently employed, 
the vast majority on family farms. Children in rural areas generally 
dropped out of school to help on family farms, and urban children often 
worked as domestic laborers and servants. In the agricultural sector, 
work for children on the family subsistence farm may begin at an even 
younger age. In cities, many children worked in occupations such as 
transport of goods by rickshaw and petty trading. In 2003, IPEC 
reported that children as young as 8 years old were being used in mines 
because they could maneuver in cramped spaces more easily than adults.
    The Government enforced child labor laws in the formal economic 
sector by means of inspectors from the Ministry of Civil Services; 
however, enforcement in the much larger informal sector remained a 
serious problem.
    During the year, the Government took steps to combat forced child 
labor and trafficking (see Section 5). In June, the Ministry of Labor 
approved a 15-year national plan to combat the worst forms of child 
labor, citing child prostitution, stone quarry work, salt marsh work, 
domestic labor, gemstone mining, agriculture, and commercial fishing as 
areas of particular concern. The plan created a national committee made 
up of high-level government, donor, civil society, and religious group 
representatives to raise public awareness and coordinate the national 
campaign; the committee became operational in August. The Government 
continued to construct Welcome Centers for the victims of trafficking 
and forced labor and, since July, the Antananarivo Welcome Center 
rescued over 200 children employed in the worst forms of child labor, 
including prostitution, and reintroduced many victims into the 
educational or vocational training system.

    e. Acceptable Conditions of Work.--The Labor Code and its 
implementing legislation prescribe working conditions and minimum 
wages, which were enforced by the Ministry of Civil Service, Labor, and 
Social Laws. The law makes separate provisions for agricultural and 
nonagricultural work.
    In October, the Government passed a decree increasing the monthly 
minimum wage from $19.70 (197,000 FMG) to $23.00 (253,000 FMG). The 
national minimum wage did not provide a decent standard of living for a 
worker and family, particularly in urban areas. Although most employees 
knew what the legal minimum wages were, in practice, those rates were 
not always paid. High unemployment and widespread poverty led workers 
to accept lower wages.
    The standard workweek was 40 hours in nonagricultural and service 
industries and 42+ hours in the agricultural sector. Legislation 
limited workers to 20 hours of overtime per week; however, there were 
reports that employees often were required to work until production 
targets were met. A December CRS report on working conditions in the 
EPZs indicated that 86 percent of employees surveyed regularly worked 
more than 40 hours per week. In some cases, this overtime was 
unrecorded and unpaid.
    The Labor Code sets rules and standards for worker safety and 
worksite conditions. The Ministry of Labor hired 50 new labor 
inspectors, bringing the total number to 90, to enforce labor laws 
throughout the country; however, these inspectors were able to cover 
only the capital effectively. If violators do not remedy cited 
violations within the time allowed, they may be sanctioned legally or 
assessed administrative penalties. CNAPS, the country's equivalent of 
the Social Security Administration, published reports on workplace 
conditions, occupational health hazards, and workplace accident trends. 
Workers did not have an explicit right to leave a dangerous workplace 
without jeopardizing their employment. The Labor Code applies to all 
legal workers.

                               __________

                                 MALAWI

    On May 20, the country held its third election since transitioning 
to a multiparty democracy in 1994. President Bingu wa Mutharika of the 
United Democratic Front (UDF) was elected, succeeding President Bakili 
Muluzi, also of the UDF. International observers noted substantial 
shortcomings in the electoral process, including inequitable access to 
the state-owned media, the ruling party's use of state resources to 
campaign, and poor planning and administration by the Malawi Electoral 
Commission. Minor violence occurred when the final results were 
announced. Opposition parties filed legal challenges to the election 
results, which were still pending at year's end. Constitutional power 
was shared between a popularly elected president and the 193-member 
National Assembly, of which 185 members were elected on May 20. The 
ruling party had majority support in Parliament due to alliances with 
several other parties and a number of independents. The Government 
generally respected the constitutional provisions for an independent 
judiciary; however, the judicial system was inefficient and lacked 
resources.
    The National Police, headed by the Inspector General of Police 
under the Ministry of Home Affairs, are responsible for internal 
security. The Malawi Defense Force, under the Ministry of Defense, is 
responsible for external security. The police occasionally called on 
the army for support. While the 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 
human rights abuses.
    The country was very poor, with a narrow economic base 
characterized by a small and highly concentrated industrial sector, low 
levels of foreign and domestic investment, and few mineral resources. 
The economy was largely market-based; however, parastatal organizations 
dominated several sectors. The population was approximately 11.5 
million, and agriculture dominated the economy, with over 80 percent of 
the labor force employed in the agricultural sector. The Government 
continued to move forward with its multisector privatization program 
and endorsed private sector participation in infrastructure. The 
economy grew by approximately 3.7 percent during the year; however, 
wealth remained highly concentrated in a small elite.
    The Government generally respected the human rights of its 
citizens; however, there were problems in some areas. Unlike in the 
previous year, police negligence or use of excessive force was not 
reported to be a factor in detainee deaths. Police on occasion used 
excessive force in handling criminal suspects. Prison conditions 
remained harsh and often life threatening. There were instances of 
arbitrary arrest and detention, and lengthy pretrial detention was a 
problem. Security forces at times infringed on some privacy rights. The 
Government generally respected freedom of speech and the press; 
however, there were some exceptions. Improvements in press freedoms 
occurred following the presidential elections. Limited self-censorship 
existed. At times police used force against demonstrators, and police 
allegedly killed at least one bystander at a political rally. Violence 
against women was common, and women continued to experience severe 
societal discrimination. Abuse of children remained a problem. The 
Government limited workers' rights. Child labor, including instances of 
forced child labor, and trafficking in persons were problems. Mob 
violence triggered by anger over high levels of common crime resulted 
in several instances of mob executions of alleged criminals. HIV/AIDS 
was a serious problem 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 
confirmed reports of politically motivated killings by the Government 
or its agents; however, there was one high-profile case of a death 
under mysterious circumstances. On December 28, 2003, Kalonga Stambuli, 
a former private business advisor to the previous president, died of 
poisoning and strangulation. Prior to his death, newspaper reports 
indicated that Stambuli may have had potentially damaging information 
about the former president's business activities. A police 
investigation was ongoing at year's end.
    Unlike the previous year, there were no reports of police 
mistreatment of a suspect that resulted in death.
    The investigation into the death of Peter Mussa Gama, who died in 
police custody in September 2003, remained ongoing at year's end. The 
Malawi Human Rights Commission (MHRC) publicly called for compensation 
to Gama's family.
    Police allegedly killed a 10-year-old girl during a political 
demonstration (see Section 2.b.).
    On May 23, a man was killed by worshippers at a mosque after he 
sought refuge from tear gas fired by police (see Section 2.b.).
    Mobs sometimes resorted to vigilante justice in beating, stoning, 
or burning suspected criminals to death. On May 17, in Mulanje, persons 
beat a man to death after he allegedly vandalized a church and 
terrorized a neighborhood. Authorities suspect the man was suffering 
from a mental disorder, and police intervened to take the victim to a 
hospital where he later died. No arrests were made in the case.
    On August 15, a crowd beat a man to death for allegedly 
burglarizing a home near Blantyre. A police investigation into the 
murder was ongoing at year's end. In another August incident, a man was 
beaten to death after being caught allegedly stealing sugar cane near 
Kasungu. A suspect was arrested and awaited trial at year's end.
    No action was taken by police in any of the 2003 or 2002 cases of 
mob killings.

    b. Disappearance.--There were no reports of politically motivated 
disappearances; however, during the year a key witness in a high-level 
corruption case went missing; some reports indicated the man committed 
suicide, while others said he was out of the country. Police were 
investigating the case at year's end.

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The Constitution prohibits such practices; however, there 
were instances of police beating and otherwise abusing detainees and 
using excessive force in handling criminal suspects.
    The Inspectorate of Prisons' 2002 report noted that police used 
beatings and assault to restrain prisoners and to force confessions. 
While higher-ranking officials demonstrated familiarity with standards 
for the humane treatment of prisoners and publicly condemned prisoner 
mistreatment, their subordinates continued to employ unacceptable 
techniques. Police sometimes mistreated suspects due to a mistaken 
belief that the law required them to present a case (not just charges) 
to the court within 48 hours of arrest, and police sometimes resorted 
to beatings to obtain information within the time limit. Lack of 
financial resources for appropriate equipment, facilities, and training 
contributed to mistreatment.
    Unlike in the previous year, there were no reports that police 
assaulted journalists.
    Police violently dispersed demonstrations during the year, which 
resulted in numerous injuries and at least one death (see Section 
2.b.).
    Prison conditions remained harsh and life threatening. During the 
year, an average of 20 inmates died in prison each month, mostly due to 
HIV/AIDS. Overcrowding, inadequate nutrition, substandard sanitation, 
and poor health facilities remained serious problems. The prison 
system, which was meant to accommodate 6,200 inmates, held 9,220 
prisoners, 191 of whom were juveniles. To combat these problems, the 
prison department developed and implemented a program to provide health 
attendants to each prison. At year's end, each prison in the country 
was staffed with at least one health attendant. Programs that provided 
community service alternatives for some offenders were utilized 
throughout the country.
    During the year, the Government began a program with international 
donors to renovate the country's four major prisons, and a new prison 
was under construction in the northern region. Inmates were encouraged 
to grow vegetables and raise livestock. Some prisons were upgraded to 
include improved toilet and shower facilities and plumbing.
    Although women were not kept in separate facilities, they were 
segregated within the prison compound and monitored by female guards. 
In the four maximum-security prisons, there were separate facilities 
for juveniles; however, the separation was inadequate in practice, and 
there were reports of sexual and physical abuse of juvenile prisoners. 
In the other prisons, juveniles were routinely incarcerated with 
adults. The law requires pretrial detainees to be held separately from 
convicted prisoners; however, many prisons could not comply with this 
law due to lack of space and inadequate facilities.
    During the year, the Inspectorate of Prisons, domestic 
nongovernmental organizations (NGOs), and international NGOs were 
permitted to make visits to monitor prison conditions and to donate 
basic supplies. The Prison Reform Committee also worked in 
collaboration with the Ministry of Home Affairs and the Inspectorate of 
Prisons to visit prisons.

    d. Arbitrary Arrest or Detention.--The Constitution prohibits 
arbitrary arrest and detention, although there were problems in 
practice. The Constitution provides the accused the rights to challenge 
the legality of detention, to have access to legal counsel, and to be 
released on bail or informed of charges by a court of law within 48 
hours; however, these rights seldom were respected in practice.
    The country's police force was inefficient, poorly trained, and 
inadequately funded. Due to funding limitations, police had extremely 
limited resources available for training and equipment, and were 
limited in their ability to provide an infrastructure to ensure respect 
for human rights. Corruption was widespread. Police continued efforts 
to improve investigative skills and to introduce the concept of 
victims' rights through workshops and other training exercises, 
particularly in the areas of sexual abuse and domestic violence (see 
Section 5). The Government continued to seek community involvement in 
its comprehensive reform of the police. During the year, civil society 
groups conducted workshops for the police on crowd control measures and 
management of demonstrations. The country also received foreign 
assistance during the year to train officials and procure equipment.
    The use of temporary remand warrants to circumvent the 48-hour rule 
was widespread (see Section 1.c.). In cases where the court determined 
that a defendant could not afford to supply his own counsel, the 
Government provided legal services. However, since few persons were 
able to afford legal counsel and there were only seven public defenders 
in the country, indigent detainees could not all have representation in 
a timely manner. Bail frequently was granted to reduce prison 
overcrowding, rather than on the merits of an individual's situation.
    Police arrested some journalists and demonstrators during the year 
(see Sections 2.a. and 2.b.).
    Police were accused of arbitrary arrests due to political motives 
and were routinely criticized for failing to act impartially with 
regard to political demonstrations.
    Of the 9,220 persons incarcerated in the country's prisons, 1,595 
were pretrial detainees; of the 191 juveniles held, 91 were pretrial 
detainees; and of the 58 women held, 37 were pretrial detainees.

    e. Denial of Fair Public Trial.--The Constitution provides for an 
independent judiciary, and the Government generally respected this 
provision in practice; however, the judicial system was inefficient and 
was handicapped by serious weaknesses, including poor record keeping, a 
shortage of attorneys and trained personnel, heavy caseloads, and lack 
of resources.
    The Constitution provides for a High Court, a Supreme Court of 
Appeal, and subordinate magistrate courts. The Chief Justice is 
appointed by the President and confirmed by the National Assembly. The 
President appoints other justices, following a recommendation by the 
Judicial Service Commission. All justices are appointed until the age 
of 65 and may be removed only for reasons of incompetence or 
misbehavior, as determined by the President and a majority of the 
Parliament.
    By law, defendants have the right to a public trial but not to a 
trial by jury; however, in murder cases, the High Court used juries of 
12 persons from the defendant's home district. Defendants also are 
entitled to an attorney, the right to present and challenge evidence 
and witnesses, and the right of appeal. The judiciary's budgetary and 
administrative problems effectively denied expeditious trials for most 
defendants. During the year, the Department of Public Prosecutions had 
10 prosecuting attorneys and 7 paralegals. The paralegals served as lay 
prosecutors and prosecuted minor cases in the magistrate courts. Lack 
of funding and a shortage of attorneys created a backlog, mainly in 
murder cases.
    On May 18, the National Compensation Tribunal (NCT), which 
adjudicated claims of criminal and civil liability against the former 
dictatorship of Dr. Hastings Banda, was dissolved as a part of the 
democratic transition process. During its existence, the NCT registered 
nearly 25,000 claims, of which 342 were compensated fully and 5,247 
were awarded interim compensation payments. The NCT's lack of funds 
limited its ability to settle claims, but some payments were made 
during the year.
    There were no reports of political prisoners.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The Constitution prohibits such actions; however, the 
Government at times infringed on these rights. In March, some civil 
society and human rights groups complained when police initiated a 
sweep to arrest prostitutes and their clients (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, at times the Government 
limited this right. Following the May elections, the Government made 
efforts to increase press freedom. Limited self-censorship existed. The 
Government did not restrict academic freedom.
    A broad spectrum of political and ideological opinion was available 
in the country's newspapers, usually without government interference. 
Five independent newspapers were available, including one independent 
daily and four independent weekly papers.
    The state-owned Malawi Broadcasting Corporation (MBC) dominated the 
radio market with its two stations, transmitting in major population 
centers throughout the country. News coverage and editorial content 
were clearly pro-government.
    There were 14 private radio stations, all broadcasting on FM 
frequencies with limited coverage and only in urban areas. These 
included: Two commercial stations broadcasting in Blantyre; a rural 
community radio station run by local women with the help of the Malawi 
Media Women's Association; and six religious stations.
    Government-owned Television Malawi (TVM) was the country's sole 
television broadcaster.
    On March 10, the Public Affairs Committee, a civil society group 
composed of influential religious leaders, initiated legal action 
against MBC and TVM, challenging their bias toward the ruling party. 
These challenges generated renewed public interest in the issue of 
media freedom.
    The ruling party interfered with the state-controlled media's 
freedom to interview opposition politicians who were critical of the 
Government. For example, on May 13, state-owned MBC radio halted the 
broadcast of a live interview with opposition party presidential 
candidate and former First Vice President Justin Malawezi. In the 
interview, Malawezi made highly critical remarks about the ruling party 
and administration, prompting station officials to cut short the time 
allotted.
    On May 23, police shut down the Malawi Institute of Journalism, an 
independent radio station, and arrested four journalists after the 
station aired what was described as an ``inflammatory interview'' with 
an opposition party spokesperson. In the interview, the spokesperson 
called for the closure of airports and roadways to prevent guests from 
attending the presidential inauguration, and for the Malawi Defense 
Force to assume control of the Government. The reporters were released 
from custody and the charges were subsequently dropped.
    There were no developments in the October 2003 assault of several 
journalists by police at a roadblock.
    There were no developments in the formal inquiry into the 2002 
assault on a journalist by a UDF parliamentarian.
    During the election campaign period, opposition access to the media 
was limited. Electoral legislation requires that state-owned media 
provide equal access to all political parties during the election 
campaign period. However, regulatory bodies and the Malawi Electoral 
Commission (MEC) failed to enforce these provisions, resulting in 
uneven access to media resources. The ruling party frequently 
monopolized resources and used public funds for political campaign 
purposes. International election observers uniformly cited the lack of 
balanced media coverage as a limiting factor to the overall freedom and 
fairness of the electoral process. One political party sued TVM, MBC, 
and the MEC over the unfair media coverage.
    On May 3, the MEC rebuked both MBC and TVM for not following media 
rules and guidelines during the campaign, but later that week withdrew 
the allegations and apologized.
    Following international and domestic criticism of media access 
during the campaign period, officials in the newly elected Mutharika 
administration made efforts to reduce media bias.
    On July 22, the new Minister of Information publicly called for MBC 
and TVM to allow dissenting views. MBC's Director General admitted that 
public broadcasters had not been free to interview the opposition for 
fear of losing their jobs.
    The Government did not restrict access to the Internet; however, 
the Internet was not widely used.

    b. Freedom of Peaceful Assembly and Association.--The Constitution 
provides for freedom of assembly; however, there were instances in 
which police limited this right.
    Authorities interfered with opposition party political functions, 
and in some cases, used violence to disperse crowds. Some opposition 
candidates were unable to obtain permits to hold political gatherings.
    On February 22, two persons were shot when police used live 
ammunition and tear gas to break up an opposition rally at Njamba, near 
Blantyre. Police also destroyed a podium and platform erected for the 
event. According to police, the gathering, which coincided with a 
ruling party rally nearby, was illegal because it lacked proper 
permits. Opposition leaders maintained they had a court injunction 
allowing the event to take place. MHRC urged the Inspector General of 
Police to launch an investigation into the violence, but no action was 
taken by year's end.
    On May 23, in Blantyre, police allegedly shot 2 protestors and 
arrested at least 96 others for rioting over the results of the 
presidential election. Police reportedly used live ammunition and tear 
gas to stop looting and vandalism immediately following the 
announcement of the election results. One man was reportedly beaten to 
death by a group of worshippers when he sought refuge from the tear gas 
in a nearby mosque (see Section 1.a.). The suspects arrested by police 
were released on bail within 48 hours of arrest and were awaiting 
trial. An investigation into the shootings was ongoing at year's end.
    On May 24, a police officer attempting to break up a political 
demonstration allegedly shot 10-year old Epiphania Bonjesi. Bonjesi, a 
bystander, bled to death after being shot in the leg. Eyewitness 
accounts indicated the bullet was fired by police, and the 
investigation was ongoing at year's end. In an out-of-court settlement 
in October, the Government paid compensation to Bonjesi's family. There 
were unconfirmed reports of one other death as a result of police 
attempts to subdue post-election unrest.
    No action was taken against police who used excessive force to 
disperse demonstrations in 2003.
    No action was taken against UDF members who allegedly attacked 
Forum for the Defense of the Constitution demonstrators in 2002.
    The Constitution provides for freedom of association, and the 
Government generally respected this right in practice. The Government 
required organizations, including political parties, to register with 
the Registrar General in the Ministry of Justice, and registration was 
routinely granted.
    During the year, seven opposition parties united to form the 
Mgwirizano Coalition and fielded a common presidential candidate. 
Several opposition candidates allied with the ruling party after being 
elected.
    The National Democratic Alliance (NDA) de-registered, and its 
leadership rejoined the ruling UDF.

    c. Freedom of Religion.--The Constitution provides for freedom of 
religion, and the Government generally respected this right in 
practice.
    There were no separate requirements for the recognition of 
religions, but religious groups must register with the Government. 
There were no reports that the Government refused to register any 
religious group during the year.
    Foreign Christian missionaries experienced occasional delays in 
renewing employment permits; however, this appeared to be the result of 
bureaucratic inefficiency rather than a deliberate government policy 
against foreign missionaries. Missionaries and charitable workers paid 
lower fees for employment permits than did other professionals.
    During the 2004 presidential and parliamentary campaign period, 
some prominent Christian religious leaders frequently spoke about 
corruption, the electoral process, and the candidates. The churches' 
remarks were often openly critical of the ruling political party. While 
candidates and officials took issue with the churches' statements, the 
Government did not make attempts to silence religious leaders, other 
than declaring that such statements deviate from the proper role of 
religious leaders. Churches continued to be a significant source of 
political influence, particularly in rural areas.
    There were generally amicable relations among the various religious 
communities; however, following the 2003 deportation of five Muslims 
allegedly associated with al-Qa'ida, violent protests led to the 
Muslims' targeting of Christian interests, such as churches and NGOs. 
Although tensions increased as a result of these events, there were no 
further protests 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 law provides for these rights, and 
the Government generally respected them in practice.
    The Constitution prohibits the use of 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; however, there were long delays in 
the process. The Government cooperated with the office of the U.N. High 
Commissioner for Refugees (UNHCR) in assisting refugees and asylum 
seekers.
    In August, the Government cooperated with UNHCR in conducting a re-
verification exercise to assess the population of refugees and asylum 
seekers in the country. According to UNHCR, the country hosted 
approximately 9,100 refugees, primarily from the Democratic Republic of 
the Congo, Rwanda, and Burundi, at a refugee center in Dowa. The 
majority of refugees resided at the Dzaleka camp, though UNHCR and the 
Government made efforts to relocate refugees to a second camp in Luwani 
that opened in October 2003. The law does not accept refugees for 
permanent resettlement and does not permit them to work or study; 
however, while no legal framework existed, the Government routinely 
allowed refugees to seek both employment and educational opportunities. 
UNHCR, NGOs, and the Government collaborated to provide children in 
refugee camps with access to education.
    The country also provided temporary protection to certain 
individuals who may not qualify as refugees under the 1951 Convention/
1967 Protocol.
    In November 2003, the Government signed an agreement with the 
Government of Rwanda and UNHCR to voluntarily repatriate approximately 
5,500 refugees who fled following the 1994 genocide in Rwanda. At 
year's end, only a small number of refugees had participated in the 
voluntary repatriation.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The Constitution provides citizens with the right to change their 
government peacefully, and citizens exercised this right in practice 
through periodic, free, and fair elections held on the basis of 
universal suffrage for citizens 18 years of age and older. 
International election observers found the May 20 presidential and 
parliamentary elections to have substantial shortcomings, including 
inequitable access to the state-owned media, the ruling party's use of 
state resources to campaign, and poor planning by the MEC. Voter 
turnout was low compared with the two previous presidential elections. 
With approximately 36 percent of the popular vote, President Bingu wa 
Mutharika, chosen by former President Muluzi as the UDF candidate, was 
elected to serve a 5-year term, defeating opposition coalition 
candidate Gwanda Chakuamba, John Tembo of the Malawi Congress Party 
(MCP), Brown Mpingajira of the National Democratic Alliance, and Justin 
Malawezi, the former first vice president who ran as an independent 
candidate. The seats in the National Assembly were divided among 
several parties and independents: the UDF had 72 seats; the MCP had 58 
seats; the Republican Party had 15 seats; the Alliance for Democracy 
had 7 seats; the People's Progressive Movement had 6 seats; the 
Movement for Genuine Democratic Change had 3 seats; the People's 
Transformation Party had 1 seat; and there were 22 Independent members. 
There was no clear-cut ideological difference among the major political 
parties. The opposition challenged the outcome of the presidential 
vote, but had little success in legal proceedings due to lack of 
evidence. Following the election, there were 9 National Assembly 
vacancies. In 6 constituencies, election discrepancies prevented 
Parliamentary placement. The newly elected President and Vice-President 
each won parliamentary seats, but were constitutionally barred from 
holding other public offices. One seat was declared vacant after the 
winner's opponent successfully challenged the results. By-elections for 
these vacancies were scheduled to take place in January 2005.
    President Mutharika, Vice President Cassim Chilumpha, and a 27-
member cabinet exercise executive authority. The executive exerted 
considerable influence over the legislature; the legislature followed a 
hybrid parliamentary system, and consequently a number of Cabinet 
ministers also were Members of Parliament.
    Although the Government did not prevent the operation of opposition 
political parties, the parties continued to allege that the Government 
used bribery and other inducements, including violence, to encourage 
opposition party divisions and defections of key personnel to the 
ruling party. President Mutharika acted quickly on his campaign 
promises to eliminate corruption in Government, and the Anti-Corruption 
Bureau (ACB) launched several investigations and made several arrests 
and indictments of former high-level Government officials. President 
Mutharika repeatedly stated that no officials were immune from 
prosecution for corruption. The President also replaced the heads of 
the ACB and the Director of Public Prosecution (DPP), which helped 
reinvigorate anti-corruption efforts.
    Some opposition rallies were cancelled when organizers discovered 
at the last minute that the ruling party had decided to hold its own 
demonstration at the same venue on the same date or that permits could 
not be obtained in time. On occasion, members of the Young Democrats, 
the UDF youth wing, also disrupted opposition political rallies (see 
section 2.b.).
    Sporadic minor violence was common between supporters of rival 
political parties.
    Public access to information is guaranteed in Article 37 of the 
Constitution, and the Government respected this right in practice.
    There were 27 women in the 193-seat National Assembly, and there 
were 6 women in the 28-member Cabinet. Women comprised approximately 25 
percent of the civil service. There were 2 women justices among the 23 
Supreme and High Court justices, and a woman was appointed as Inspector 
General of Police, the highest-level position in law enforcement.
    Three citizens of mixed ethnicity were members of the National 
Assembly.
    One cabinet minister, who was also an elected Member of Parliament, 
was a person with disabilities.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    A wide variety of domestic and international human rights groups 
operated without government restriction, training civic educators, 
advocating changes to existing laws and cultural practices, and 
investigating and publishing their findings on human rights cases. 
Government officials generally were cooperative and responsive to their 
views.
    The Ombudsman was mandated by the Constitution to investigate and 
take legal action against government officials responsible for human 
rights violations and other abuses. The Ombudsman's freedom of action 
was circumscribed by legislation that requires a warrant and a 3-day 
waiting period to gain access to certain government records. The 
activities of the Ombudsman are subject to judicial review.
    The constitutionally mandated MHRC was charged to monitor, audit, 
and promote human rights provided for under the Constitution, and to 
carry out investigations regarding violations of any human rights. 
Despite limited resources, the MHRC issued its 2003 Human Rights Report 
during the year, which described numerous complaints of human rights 
violations, such as overcrowding and poor sanitation in prisons, lack 
of proper medical attention to sick prisoners, long periods of pretrial 
detention, police brutality, child abuse, domestic violence, and the 
lack of opposition access to the media during elections.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The Constitution specifically provides for equal rights for women, 
forbids discrimination based on language or culture, and provides for 
equality and recognition before the law for every citizen; however, in 
practice, the capacity of government institutions to assure equal 
rights for all citizens was limited.

    Women.--Domestic violence, especially wife beating, was common, and 
women seldom discussed the problem openly; however, the press published 
frequent accounts of rape and abuse, and the judiciary continued to 
impose heavier penalties on those convicted of rape. Police regularly 
investigated cases of rape and sexual assault but did not normally 
intervene in domestic disputes.
    The law does not specifically prohibit female genital mutilation 
(FGM), and there were anecdotal reports that a few small ethnic groups 
practiced it.
    While prostitution is not illegal per se, living off the wages 
earned through prostitution, owning a brothel, or forcing another 
person into prostitution are illegal. In March, based on a presidential 
directive, authorities began a campaign to combat prostitution. Dozens 
of suspected prostitutes and some of their clients were detained and 
appeared before the courts. Some of those detained were convicted and 
assessed small fines, while others were found guilty of lesser 
violations or released with a warning. Civil society and women's 
advocacy groups protested the move as a violation of constitutional 
rights and as discriminatory to women, and NGOs offered the detainees 
pro bono legal services. A High Court Justice suspended the directive 
and no further action was taken.
    Under the Constitution, women have the right to full and equal 
protection by law and may not be discriminated against on the basis of 
gender or marital status; however, in practice, discrimination against 
women was pervasive, and women did not have opportunities equal to 
those available to men. Women had significantly lower levels of 
literacy, education, formal and nontraditional employment 
opportunities, and access to resources to increase agricultural 
productivity. The literacy rate among women between the ages of 15 and 
45 was 46 percent; male literacy in the same age group was 
approximately 79 percent.
    Women often had less access to legal and financial assistance, and 
wives often were victims of discriminatory and illegal inheritance 
practices in which the majority of the estate was taken by the deceased 
husband's family. Women usually were at a disadvantage in marriage, 
family, and property rights; however, awareness of women's legal rights 
continued to increase, and women began to speak out against abuse and 
discrimination. Households headed by women were represented 
disproportionately in the lowest quarter of income distribution; 52 
percent of the country's full-time farmers were women. Women typically 
worked more hours than men to complete the same farm tasks because they 
rarely had comparable tools and equipment, and they remained 
responsible for all household tasks. Women also had limited access to 
agricultural extension services, training, and credit. Gender training 
for agricultural extension workers and the gradual introduction of 
rural credit programs for women have increased; however, few women 
participated in the limited formal labor market, where they constituted 
less than 5 percent of managerial and administrative staff.
    The law provides for a minimum level of child support, widows' 
rights, and the right to maternity leave; however, only individuals who 
utilized the formal legal system benefited from these legal 
protections.
    The Government addressed women's concerns through the Ministry of 
Gender, Child Welfare, and Community Services. The President appointed 
a well-respected woman with a long history of successful social 
advocacy and program management to head this ministry. Women's issues, 
including gender balance in political representation, were central in 
the May elections.

    Children.--The Constitution provides for equal treatment of 
children under the law, and during the year, the Government continued a 
high level of spending on children's health and welfare.
    The Government provided free primary education for all children, 
although education was not compulsory. Families were responsible for 
book fees and purchasing uniforms. Students from very poor families had 
access to a public book fund. Girls, especially in rural areas, have 
historically been unable to complete even a primary education and 
therefore were at a serious disadvantage in finding employment. During 
the year, the University of Malawi released a report on the status of 
free primary education since its inception in 1994. The report noted 
that over the past decade, the Government increased its education 
budget annually, but the increases were not proportional to increasing 
student enrollment. Student dropout rates marginally decreased each 
year since free education was introduced, but the study concluded that 
rates remained high. The 2002 Malawi Demographic Household and 
Education Data Survey's report indicated that gender gaps in primary 
school attendance were small but that boys were much more likely to 
attend secondary school than girls. There also were large gaps in 
achievement levels between girls and boys.
    In March, the Government took steps to respond to a UNICEF study 
that showed a number of girls entered into sexual relationships with 
teachers for money, became pregnant, and subsequently left school. The 
study also found that many girls left school because of violent 
behavior by some teachers. In response, the Government expanded legal 
protection of students subjected to exploitation and inappropriate 
relationships at school.
    More than half of the country's children lived in poverty, mostly 
in rural areas. Children in rural households headed by women were among 
the poorest. Only one-third of children had ready access to safe 
drinking water, infant mortality was high, and child malnutrition was a 
serious problem. A few charitable organizations attempted to reduce the 
number of child beggars in urban areas; however, the problem of street 
children worsened as the number of orphans whose parents died from HIV/
AIDS increased. Extended family members normally cared for such 
children and other orphans.
    There were societal patterns of abuse of children. Kupimbira, a 
societal practice that allows a poor family to take out a loan for 
cattle or money in exchange for their daughter, regardless of age, has 
re-emerged over the last few years, according to press reports. The 
media also reported on the sexual abuse of children, especially in 
relation to traditional practices of initiation, though anecdotal 
evidence indicated these practices were becoming less common. While 
rites to initiate girls into their future adult roles still were 
secret, information suggested that abusive practices were widespread 
and very damaging.
    During the year, the Government worked with UNICEF, international 
donors, and various NGOs to create and implement a Child Justice Act to 
ensure juveniles suitable access to the justice system. In July, a 
court dedicated to children's issues was established in Blantyre. The 
Ministry of Home Affairs, in conjunction with UNICEF, worked to 
establish 37 victim's support units nationwide.
    FGM was performed in rare cases on girls (see Section 5, Women).
    The trafficking of children for sexual purposes was a problem (see 
Section 5, Trafficking). The belief that children were unlikely to be 
HIV positive and the widespread belief that sexual intercourse with 
virgins can cleanse an individual of sexually transmitted diseases, 
including HIV/AIDS, contributed to the sexual exploitation of minors.
    Child labor, including instances of forced child labor, was a 
problem (see Section 6.d.). Child prostitution occurred.

    Trafficking in Persons.--The law does not prohibit trafficking in 
persons specifically, and trafficking was a problem. The extent of 
human trafficking was undocumented. Police and the Ministry of Gender, 
Child Welfare, and Community Services handled cases brought to the 
attention of authorities. The Penal Code contains several provisions 
relating to prostitution and indecency that could be used to prosecute 
traffickers. Since 2001, seven cases involving trafficking in persons 
have been prosecuted; however, there were no arrests or prosecutions of 
suspected traffickers during the year, and no cases were brought to the 
attention of authorities.
    Although the age of sexual consent is 14, there was no age 
specified for the protection of minors from sexual exploitation, child 
prostitution, or child pornography. During the year the government 
worked with UNICEF and NGOs to refine child protection laws (see 
Section 5, Children).
    The country is a source for women and children trafficked for 
sexual purposes locally and to brothels abroad, particularly in South 
Africa. Victims trafficked to South Africa were typically between 14- 
and 24-years-old, and were recruited with offers of marriage, study, or 
employment in South Africa. According to the International Organization 
for Migration (IOM), sex tourists, primarily from Germany, the 
Netherlands, and the United Kingdom, lured children into sexual 
relationships with them while in the country. Poverty and low 
educational levels contributed to such exploitation. Traffickers 
involved in land border trafficking to South Africa were typically 
long-distance truck drivers and local businesswomen.
    Unlike in previous years, there were no reports of persons being 
trafficked to Europe, or being stranded in European brothels.
    On July 28, the President chaired an inter-ministerial meeting 
dealing with the issue of human trafficking; on July 29 high-level 
government officials participated in a seminar to discuss how best to 
combat human trafficking. In September, the Ministry of Home Affairs 
hosted a 3-day regional anti-trafficking conference.
    Due to extremely limited resources, the Government was unable to 
provide funding for NGO services to victims of trafficking. During the 
year, police contacted NGOs for assistance when presented with possible 
victims.

    Persons With Disabilities.--The Constitution provides for the 
support of persons with disabilities through greater access to public 
places, fair opportunities in employment, and full participation in all 
spheres of society; however, the Government generally did not enforce 
the laws in practice, due to extremely limited resources. Reported 
violations were taken seriously and the President publicly declared 
that students with disabilities should have equal access to education 
and other government services. The Government has not mandated 
accessibility to buildings and services for persons with disabilities. 
There were both public and privately supported schools and training 
centers that assisted persons with disabilities. There also were 
several self-supporting businesses run by and for persons with 
disabilities. The Minister of Social Development and Persons With 
Disabilities was a person with disabilities.
    During the 2004 elections, some accommodations were made for voters 
with disabilities. Voters requiring assistance were permitted to bring 
an assistant into the voting booth with them.

    Other Societal Abuses and Discrimination.--Homosexuality is 
illegal, although there were no prosecutions for homosexuality during 
the year. In previous years, this law was used to strengthen cases 
against men accused of molesting young boys.
    Societal discrimination against persons living with HIV/AIDS was 
widespread and inhibited access to treatment; many individuals 
preferred to keep silent about their health rather than seek help and 
risk being ostracized. The Ministry of Labor and Vocational Training 
(MOLVT) conducted a public relations program to reduce the stigma 
associated with having HIV/AIDS.
Section 6. Worker Rights
    a. The Right of Association.--The law allows workers to form and 
join trade unions and workers exercised this right in practice; 
however, union membership was low due to the small percentage of the 
workforce in the formal sector, the lack of awareness of worker rights 
and benefits, and a resistance on the part of many employees to join 
unions. Army personnel and police could not belong to trade unions, but 
other civil servants were allowed to form unions. Union leaders 
estimated that 12 percent of the formal sector workforce belonged to 
unions; however, accurate statistics on the numbers of union members 
were not available. Employers, labor unions, and the Government lacked 
sufficient knowledge of their legitimate roles in labor relations and 
disputes, which limited their effectiveness in the implementation and 
enforcement of the law.
    Unions must register with the Registrar of Trade Unions and 
Employers' Organizations in the MOLVT, and registration was routinely 
granted. At year's end, 26 unions were registered.
    The law prohibits anti-union discrimination by employers and 
requires that employers reinstate workers dismissed because of union 
activities. Unlike in previous years, there were no reports of persons 
who were fired for their membership in unions.

    b. The Right to Organize and Bargain Collectively.--Unions have the 
right to organize and bargain collectively, and the Government 
protected this right in practice. The law requires that at least 20 
percent of employees (excluding senior managerial staff) belong to a 
union before such a union can engage in collective bargaining at the 
enterprise level and at least 15 percent union membership for 
collective bargaining at the sector level. The law provides for the 
establishment of industrial councils in the absence of collective 
agreements for sector-level bargaining. Industrial council functions 
included wage negotiation, dispute resolution, and industry-specific 
labor policy development. In practice, the law was not effectively 
implemented due to lack of sufficient knowledge of the law among 
employers, trade unions, and government officials.
    The law allows members of a registered union to strike or go 
through a formal mediation process overseen by the MOLVT, and workers 
exercised this right in practice. A strike can only occur after all 
settlement procedures established in a collective agreement (an 
understanding, not necessarily signed, reached by both parties to 
attempt mediation) and conciliation efforts have failed. Laws do not 
specifically prohibit retaliation against strikers. There was no 
prohibition on actions against unions that were not registered legally. 
Members of a registered union in ``essential services'' only have a 
limited right to strike. Essential services were specified as services 
whose interruption would endanger the life, health, or personal safety 
of the whole or part of the population, as determined by the Industrial 
Relations Court (IRC).
    Arbitration rulings were legally enforceable; however, in practice, 
due to the lack of funding and 2-year case backlog, the IRC could not 
monitor cases and enforce the laws adequately.
    At year's end, 14 firms held licenses to operate under export 
processing zone (EPZ) status, and all were operational. The full range 
of labor regulations applied to the EPZs; however, union organizers 
said they had little access to workers in the EPZs. The 2002 
International Confederation of Free Trade Unions (ICFTU) survey noted 
that companies in the EPZs were also resistant to union activity.

    c. Prohibition of Forced or Compulsory Labor.--The Constitution 
prohibits forced or compulsory labor, including by children; however, 
such labor occurred (see Sections 5 and 6.d.). According to the ICFTU, 
bonded labor involving entire families was widespread on tobacco 
plantations. Tobacco tenants have exclusive arrangements, often 
unwritten, with the estate owners to sell their crop and to buy inputs 
such as fertilizer, seed, and often food. These costs, in addition to 
rent charges, often were greater than the artificially low price 
received for the tobacco crop, leading to a situation of debt and 
bonded labor to repay the input and other costs.

    d. Prohibition of Child Labor and Minimum Age for Employment.--The 
Constitution defines children as persons under 16 years of age, and the 
law prohibits the employment of persons less than 14 years of age; 
however, child labor was a problem. The law also prohibits the 
employment of children less than 18 years of age in work that was 
hazardous, harmful, or interferes with their education. There was no 
special legal restriction on children's work hours, though during the 
year the Government began work on a code of conduct to specify work 
hours for children. There was significant child labor on tobacco and 
tea farms, subsistence farms, and in domestic service, largely as a 
result of extreme poverty and longstanding cultural traditions. One 
local NGO reported that in urban areas, it was common to find young 
girls working outside of their family as domestic servants, receiving 
little or no wages. School-aged children often worked as vendors. The 
results of a May 2002 MOLVT study on child labor in the country were 
released in July. The study indicated that 72 percent of children were 
in school, and 84 percent of children were working either in or outside 
of their homes.
    In October, an International Labor Organization (ILO) report noted 
a rise in the number of children doing ``ganyu'' (piecework) on the 
land to earn money to buy food or support their families. According to 
the ILO, 11 percent of children ages 10 and 11 were informally 
employed, and an estimated 42 percent of young people between ages 15 
and 19 participated in the labor market.
    Budgetary constraints hindered minimum work age and child labor law 
enforcement by police and MOLVT inspectors. In 2003, the Government 
trained approximately 120 labor officers in child labor monitoring, and 
has held refresher training since that time. During the year, the MOLVT 
youth committees in rural areas monitored and reported on child labor.

    e. Acceptable Conditions of Work.--The MOLVT sets separate urban 
and rural minimum wage rates based on recommendations of the Tripartite 
Wage Advisory Board (TWAB) composed of representatives of labor, 
Government, and the private sector. However, the TWAB encountered 
problems due to inefficient organizational structure and inadequate 
funding, which hindered timely and accurate revision of the wage rate 
recommendations. The urban minimum wage amounted to approximately $0.53 
(MK 56) per day; in all other areas, it was approximately $0.38 (MK 40) 
per day. Minimum wage rates did not provide a decent standard of living 
for a worker and family. Wage earners often supplemented their incomes 
through farming activities. The MOLVT lacked the resources to enforce 
the minimum wage effectively. However, the minimum wage largely was 
irrelevant for the great majority of citizens, who earned their 
livelihood outside the formal wage sector.
    The maximum legal workweek was 48 hours, with a mandatory weekly 
24-hour rest period. The laws require payment for overtime work and 
prohibit compulsory overtime. In practice, employers frequently 
violated statutory time restrictions.
    The law includes extensive occupational health and safety 
standards; however, MOLVT enforcement of these standards was erratic. 
Workers--particularly in industrial jobs--often worked without basic 
safety clothing and equipment. Workers dismissed for filing complaints 
about workplace conditions have the right to file a complaint at the 
labor office or sue the employer for wrongful dismissal. Workers have 
the right to remove themselves from dangerous work situations without 
jeopardy to continued employment; however, given the low level of 
education of most workers and the high level of unemployment, workers 
were unlikely to exercise this right.
    Mechanisms for protecting internationally recognized worker rights 
were weak. There were serious manpower shortages at the MOLVT; as a 
result, there were almost no labor standards inspections.
    The law protects foreign workers in correct legal status. Illegal 
foreign workers were subject to deportation.

                               __________

                                  MALI

    Mali is a constitutional democracy that continued to implement a 
decentralized form of government. In May 2002, General Amadou Toumani 
Toure was elected to a 5-year term as President. The presidential and 
legislative elections were judged generally free and fair by 
international and domestic observers; however, there were some 
administrative irregularities. The former ruling party, Alliance for 
Democracy in Mali (ADEMA), lost its majority in the National Assembly, 
and no party held a clear majority. During the year, President Toure 
reshuffled the cabinet and expanded the cabinet to 28 ministers, 
including 10 former sub-ministerial offices, and appointed a new Prime 
Minister. The Government organized simultaneous urban and rural 
communal elections for the first time. The judiciary continued to be 
subject to executive influence, and there were reports of corruption in 
the courts.
    Security forces are composed of the army, air force, Gendarmerie, 
National Guard, and police. The army and air force are under the 
control of the civilian Minister of Defense. The National Guard is 
administratively under the Minister of Defense; however, it responds to 
taskings from the Minister of Internal Security and Civil Protection. 
The police and Gendarmerie are under the Ministry of Internal Security 
and Civil Protection. The police and gendarmes shared responsibility 
for internal security; the police were in charge of urban areas only. 
While civilian authorities generally maintained effective control of 
the security forces, there were isolated instances in which elements of 
the security forces acted independently of government authority. There 
were no reports that security forces committed human rights abuses.
    The country was very poor with a market-based economy, and its 
population was approximately 12 million. Most of the work force was 
employed in the agricultural sector, particularly farming and animal 
husbandry. The per capita gross national product was approximately 
$240, which provided most of the population with a low standard of 
living, although there was a sizable middle class. The economy depended 
heavily on foreign assistance. Desertification, deforestation, soil 
degradation, and social limitations, including a low literacy rate and 
a high population growth rate (2.2 percent), contributed to poverty. 
The inflation rate remained low, and public sector wages were adjusted 
to keep pace with inflation. Poor infrastructure, minimal foreign 
investment, administrative inefficiency, and corruption also were 
important factors in limiting economic growth.
    The Government generally respected its citizens' human rights; 
however, there were problems in some areas. Prison conditions remained 
poor. Occasionally police arbitrarily arrested and detained persons. 
The judicial system's large case backlog resulted in long periods of 
pretrial detention and lengthy delays in trials. Domestic violence 
against women was widespread. Discrimination against women persisted, 
and social and cultural factors continued to sharply limit economic and 
educational opportunities for most women. Female genital mutilation 
(FGM) was widespread, although educational campaigns against FGM were 
ongoing. The civil unrest in Cote d'Ivoire and the increased control at 
the country's southern border significantly slowed child trafficking 
with Cote d'Ivoire; however, trafficking remained a problem especially 
within the country and with other neighboring countries. Hereditary 
servitude relationships continued to informally link different ethnic 
groups. Despite provisions in the Labor Code against child labor, 
regulations were often ignored in practice and child labor 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 
reports of politically motivated killings by the Government or its 
agents; however, two students were killed in a confrontation with riot 
police.
    On November 30, one student died during confrontation between 
different student groups. After rumors spread that the student died 
while in police detention, violent student demonstrations broke out on 
December 3 and 4. Two students died after being trampled during a 
confrontation between the riot police and the students. Following 
investigations, two police officers, one senior government official, 
and four students remained in detention without charge at year's end. 
The detention of police and government officials suggested possible 
police involvement, although the investigation was ongoing at year's 
end.
    Inter-ethnic conflict resulted in deaths during the year (see 
Section 5).

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

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The Constitution prohibits such practices, and there were 
no reports that government officials employed them.
    Prison conditions were poor. Prisons continued to be overcrowded, 
medical facilities and access were inadequate, and food supplies were 
limited. Men and women were separated in Bamako prisons; however, 
outside the capital, men and women remained housed in the same building 
but in separate cells. In Bamako, juvenile offenders usually were held 
in the same prison as adult offenders, but they were kept in separate 
cells. Pretrial detainees were held with convicted prisoners.
    The Government permitted prison visits by human rights monitors, 
provided that administrative procedures were followed. Nongovernmental 
organizations (NGOs) and other monitors were required to submit a 
request to the prison director who then forwarded it to the Ministry of 
Justice. Although these administrative procedures were in place for 
several years, the Government began enforcing them during the year. 
Approvals were routinely granted and took up to 1 week. Several 
organizations, including the Malian Association of Human Rights, the 
Malian Association of Women Lawyers, and other nongovernmental 
organizations (NGOs) visited prisoners and worked with women and 
juvenile prisoners to improve their conditions. According to an NGO, 
the administrative process hindered the ability of monitors to 
ascertain if there were human rights violations.

    d. Arbitrary Arrest or Detention.--The Constitution prohibits 
arbitrary arrest and detention, and the Government generally observed 
these prohibitions; however, on occasion, police arrested and detained 
persons arbitrarily.
    The national police force is organized into various divisions. Each 
district has a commissioner who reported to the Regional Director at 
national headquarters. The police force was moderately effective but 
had problems with lack of resources and training. Corruption existed 
within the police force.
    Judicial warrants are required for arrest. Normally, the 
complainant delivered the warrant, which stipulated when the person was 
to appear at the police station. In some cases, the police served the 
warrant, based on a request from an influential relative of the 
complainant or if they received a bribe to execute the warrant. 
Frequently, in cases where a monetary debt was owed, the arrested 
person resolved the case at the police precinct, and the police 
received a portion of the recovered money.
    The Constitution provides that suspects must be charged or released 
within 48 hours and that they are entitled to counsel; however, in 
practice, detainees were not always charged within the 48-hour period. 
Limited rights of bail or the granting of conditional liberty existed, 
particularly for minor crimes and civil matters. On occasion, the 
authorities released defendants on their own recognizance.
    Administrative backlogs and an insufficient number of lawyers, 
judges, and courts often caused lengthy delays in bringing persons to 
trial. In extreme cases, individuals remained in prison for several 
years before coming to trial. Local lawyers estimated that 
approximately half of prison inmates were pretrial detainees.

    e. Denial of Fair Public Trial.--The Constitution provides for an 
independent judiciary; however, the executive branch continued to exert 
influence over the judicial system. The Ministry of Justice appointed 
and had the power to suspend judges; it supervised both law enforcement 
and judicial functions. The President headed the Superior Judicial 
Council, which oversaw judicial activity. Domestic human rights groups 
alleged that there were instances of bribery and influence peddling in 
the courts. The Government continued its campaign against corruption 
(see Section 3).
    The Supreme Court has both judicial and administrative powers. The 
Constitution provides for a separate Constitutional Court that oversees 
issues of constitutionality and acts as an election arbiter. The 
Constitution also provides for the convening of a High Court of Justice 
with the power to try senior government officials in cases of treason.
    Except in the case of minors, trials were public, and defendants 
had the right to be present and have an attorney of their choice. 
Defendants and attorneys had access to government evidence relevant to 
their cases. Defendants are presumed innocent and have the right to 
confront witnesses and to appeal decisions to the Supreme Court. Court-
appointed attorneys were provided for the indigent without charge.
    Village chiefs, in consultation with the elders, decided the 
majority of disputes in rural areas. If these decisions were challenged 
in court, only those found to have legal merit were upheld.
    There were no reports of political prisoners.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The Constitution prohibits such actions, and the 
Government generally respected these prohibitions in practice. Police 
searches were infrequent and required judicial warrants.
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 was active and expressed a wide variety of 
views without restriction. Most of the previously reported 42 private 
newspapers and journals have disappeared, primarily due to a lack of 
financial resources. In the average week, about 15 different newspaper 
editions were published in Bamako, some appearing daily or weekly and 
others appearing occasionally. On the average day, there were about 10 
to 12 different newspapers available for purchase. Most were small 
editions and only the government paper had a firm funding base. All 
newspapers were required to register with the Ministry of 
Communications; however, registration was routine.
    The Government controlled the only television station and 1 of more 
than 125 radio stations; however, all broadcasting media presented a 
wide range of views, including those critical of the Government. The 
relative expense of newspapers and television, coupled with a low 
literacy rate, made radio the most prevalent medium of mass information 
and communication. In addition to commercial radio stations, private or 
community radio broadcasters included those run by associations and 
others directed toward smaller villages (the latter two radio services 
enjoyed special tax advantages).
    A number of foreign broadcasters operated in Bamako through local 
media. Domestic reception and distribution of foreign satellite and 
cable television were permitted and fairly widespread, especially in 
Bamako. There were no private television stations that broadcast 
domestically produced programs.
    The law regulates the press and provides for substantial criminal 
penalties, including imprisonment, for libel and for public injury to 
the Head of State, other officials, and foreign diplomats; these laws 
leave injury undefined and subject to judicial interpretation. However, 
the Government has never prosecuted journalists on criminal libel 
charges. The case of three reporters arrested in October 2003 on 
charges of defaming an attorney was still pending, and the journalists 
were freed while awaiting trial.
    The Government did not restrict access to the Internet. Licenses to 
operate Internet servers were granted freely, but were prohibitively 
expensive.

    b. Freedom of Peaceful Assembly and Association.--The Constitution 
provides for freedom of assembly and association, and the Government 
generally respected these rights in practice. The law requires groups 
that wish to hold public meetings to obtain the mayor's permission; 
however, such permission was granted routinely during the year.

    c. Freedom of Religion.--The Constitution provides for freedom of 
religion, and the Government generally respected this right in 
practice.
    The Government required that all public associations, including 
religious associations, register with the Government. The registration 
process was routine and not burdensome. Traditional indigenous 
religions were not required to register.
    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. Police 
routinely stopped and checked both citizens and foreigners to restrict 
the movement of contraband and to verify vehicle registrations. Some 
police and gendarmes used the occasion to extort bribes.
    The Constitution specifically prohibited forced exile; the 
Government did not use it.
    According to both U.N. High Commissioner for Refugees (UNHCR) and 
government estimates, there were approximately 16,000 refugees in the 
country. Of the 11,000 Mauritanians who sought refuge in 1989, only 
6,844 remained in refugee camps in the western part of the country.
    Approximately 50 percent of refugees lived in urban areas, 
including Sierra Leonians, Ivorians, and Liberians. The Government had 
a transit center located 120 miles from Bamako, where it hosted 
approximately 100 of the most vulnerable refugee and asylum applicants. 
The center had a capacity of approximately 300 persons and could be 
expanded to hold 900. The country received most of its refugees from 
Cote d'Ivoire and a small number from Liberia during the year.
    The law provides for the granting of refugee status or asylum to 
persons in accordance with the 1951 U.N. Convention Relating to the 
Status of Refugees and 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. A national committee in charge of refugees operated 
with institutional assistance from the office of the UNHCR. The 
Government cooperated with the UNHCR and other humanitarian 
organizations in assisting refugees. On April 24 and 25 the Government 
and UNHCR repatriated over 200 Liberian refugees back to Monrovia. The 
refugees lived in the southern city of Sikasso following their 
departure from Ghana in late February.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The Constitution provides citizens with the right to change their 
government peacefully, and citizens exercised this right in practice 
through periodic, free, and fair elections held on the basis of 
universal suffrage.
    Under the Constitution, the President is Chief of State and 
Commander in Chief of the armed forces and is elected for a 5-year term 
with a limit of two terms. The President appoints the Prime Minister, 
other members of the Government, and high military officers as mandated 
by the Constitution.
    In 2002, presidential elections were held, and General Amadou 
Toumani Toure won more than 60 percent of the vote even without the 
support of a political party. Independent international and domestic 
observers judged the elections to be generally free and fair and 
without evident fraud; however, there were some administrative 
irregularities.
    Legislative elections in 2002 were also considered to be generally 
free and without evident fraud; however, there were some administrative 
irregularities. Shifting alliances had an impact on the composition of 
the National Assembly. The former majority party, ADEMA, held 37 of 147 
seats after losing 13 seats to the Union for the Republic and Democracy 
(URD); the Rally for Mali (RPM) party and its allies held 65; and the 
remaining 26 seats were held by other smaller political parties and 
independents. No one party or coalition held a majority.
    On April 29, President Toure reshuffled the 18-person cabinet and 
expanded the cabinet to 28 ministers, including 10 former sub-
ministerial offices. On May 2, President Toure appointed a new Prime 
Minister, Ousmane Issoufi Maiga.
    Communal elections were held on May 30, and the election process 
was reported to be generally orderly and transparent. The former ruling 
party ADEMA was the principle winner in the polls gaining 28 percent of 
10,789 seats in the country's 703 communes. Its rivals, RPM and URD 
obtained 13 and 14 percent of seats, respectively. Six other well-known 
parties share 16 percent of the seats, with a coalition of lesser-known 
parties holding 11 percent. Independents did not do as well as some 
observers anticipated. Voter turnout, at 43.05 percent, was the highest 
since the 1991 political referendum.
    There was no evidence of widespread fraud or coercion; however, 
minor incidents occurred in almost all regions of the country. A 
village in the western region of Kayes and another in the central 
region of Segou failed to participate in the process because they 
refused the selection of another village as their polling station. In 
separate incidents, militants whose candidate was disqualified removed 
voting equipment in the northern regions of Gao and Kidal to prevent 
the voting process. Approximately 20 persons were under police 
investigation for possession of stolen voter cards. No charges had been 
filed against them at year's end.
    Local governments benefited from central government subsidies, but 
they were also able to collect local taxes to support their operations. 
Decentralization changed traditional power relationships between 
government and the governed and relieved formerly powerful civil 
servants of their authority. The Government has passed many laws that 
allow greater financial autonomy in the areas of education, health, and 
infrastructure. Elected officials, especially in the southern regions, 
made some progress. However, in the lesser economically developed 
northern regions of the country, some mayors and other local officials 
were coping with difficulties stemming from revenue collection and 
local development programs. Effective service delivery strongly 
influenced citizens' perception and confidence in elected leaders and 
trust of Government; however, local service delivery deteriorated where 
financial and administrative capacity was weak.
    Corruption continued to hamper the Government's development 
efforts.
    On May 10, the Supreme Court installed Sidi Sosso Diarra, Auditor 
General, and Modibo Diallo, Deputy Auditor General, to head the Office 
of the Auditor General Office, which served as an added prevention 
against corruption. The Auditor General's Office is an independent 
authority designed to monitor the management of public resources and 
all public institutions, public companies, local and private 
associations, and NGOs that receive public financing.
    On August 8, 16 civil servants, including the former Director and 
Deputy Director of Customs, the former Director of Mines, ministerial 
advisors, and businessmen were convicted of corruption for abusing a 
government business tax benefit program. Many of the convicted misused 
the program by creating fictitious businesses and providing false 
justification for reimbursement of custom taxes. The sentences ranged 
from 2-years to 18-months, with three people receiving suspended 
sentences.
    The law provides for public access to government information and 
administrative documents for the press and any citizen. If an 
information request is refused, the person inquiring can appeal to an 
administrative court and the appeal must be handled within 3 months.
    A total of 15 women held seats in the 147-member National Assembly. 
There were 5 female cabinet members in the 28-seat Cabinet. Five women 
served on the Supreme Court out of 33 justices, and 3 women served on 
the Constitutional Court out of 9 justices.
    The National Assembly had 14 members of historically marginalized 
pastoralist and nomadic ethnic minorities representing the northern 
regions of Gao, Timbuktu, and Kidal. The Cabinet also had two 
representatives of the northern regions, the Minister of Health and the 
Minister of State Reforms and Institutional Relations.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    A number of domestic and international human rights groups 
generally operated without government restriction, investigating and 
publishing their findings on human rights cases. Government officials 
were generally cooperative and responsive to their views. Some of these 
groups included the Malian Association for Human Rights, a smaller 
Malian League of Human Rights, and a local chapter of Amnesty 
International. The International Committee for the Red Cross (ICRC) had 
offices in Bamako, Timbuktu, and Gao.
    On July 26, armed assailants attacked seven ICRC workers on their 
way to assist victims in the northeastern region of Bourem still 
suffering from the effects of the 2003 floods; there were no injuries.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The Constitution prohibits discrimination based on social origin, 
color, language, sex, or race, and while the Government generally 
respected these provisions in practice, social and cultural factors 
gave men a dominant role.

    Women.--Domestic violence against women, including spousal abuse, 
was tolerated and common; no statistics were available on the extent of 
the problem. Assault in marriage was a crime; however, police were 
reluctant to enforce laws against or intervene in cases of domestic 
violence. Many women were reluctant to file complaints against their 
husbands because they were unable to support themselves financially.
    FGM was common, especially in rural areas, and was performed on 
girls at an early age. According to domestic NGOs, approximately 95 
percent of adult women had undergone FGM. The practice was widespread 
among most regions and ethnic groups, was not subject to class 
boundaries, and was not religiously based. There were no laws against 
FGM, and the Government did not propose legislation prohibiting FGM. 
Human rights organizations fighting FGM lobbied the National Assembly 
to pass a law against FGM. However, the Government passed a decree in 
1999 that prohibited the practice of FGM in health centers. As a 
result, FGM no longer was practiced openly and was more commonly 
practiced on toddlers mostly in rural areas.
    In 1999, the Government instituted a two-phased plan to eliminate 
all forms of FGM by 2008. The education phase of the national plan was 
ongoing. According to a human rights organization fighting FGM, the 
educational phase (through workshops, videos, and theater) made some 
impact in cities, where the practice noticeably decreased, especially 
on children of educated couples. In many instances, FGM practitioners 
agreed to stop the practice in exchange for an income generating 
activity. The National Committee Against Violence Towards Women linked 
all the NGOs active in preventing FGM, and various NGOs campaigned 
against FGM.
    Women had very limited access to legal services due to their lack 
of education and information, and because family law favored men. Women 
particularly were vulnerable in cases of divorce, child custody, and 
inheritance rights, as well as in the general protection of civil 
rights. The overwhelming factor affecting women's access to legal 
services was cost. For example, if a woman wanted a divorce, she had to 
pay approximately $60 (30,000 CFA francs) to start the process, an 
amount most women did not have.
    Despite legislation giving women equal property rights, traditional 
practice and ignorance of the law-prevented women from taking full 
advantage of the law; even educated women. Prospective spouses chose 
between polygynous and monogamous marriages; a marriage could not take 
place without both parties' consent. However, when no preference was 
specified in the marriage certificate, judges assumed that the marriage 
was polygynous. A community property marriage had to be specified in 
the marriage contract. Traditional practice discriminated against women 
in inheritance matters. For example, men inherited most of the family 
wealth, and women received a much smaller portion of estates.
    Women's access to employment in the professions and government, and 
to economic and educational opportunities, was limited. Women 
constituted approximately 15 percent of the labor force. The 
Government, the country's major employer, paid women the same as men 
for similar work. Women often lived under harsh conditions, especially 
in rural areas, where they performed difficult farm work and did most 
of the childrearing.
    A second 4-year (2004-2008) national plan of action for the 
promotion of women was launched early in the year. The program 
continued to seek a reduction in inequalities between men and women and 
created links between women within the Economic Community of West 
African States (ECOWAS) countries and throughout Africa. Although the 
Government launched the second 4-year plan, no analysis or evaluation 
of the results of the first 4-year plan was conducted.
    Several women's rights groups, such as the Association of Malian 
Women Lawyers and the Association of Women in Law and Development, 
worked during the year to highlight problem areas in the law, mainly 
the family code, through activities such as debates, conferences, and 
women's rights training. Training was targeted to reach magistrates, 
police officers, and religious and traditional leaders, while providing 
legal assistance to women.

    Children.--The Government was committed to providing for children's 
welfare and rights. Several laws protect children and provide for their 
welfare. An ordinance enumerates the rights of children and provides 
for government positions in each region of child ``delegates,'' whose 
role would be to safeguard the rights and interests of children. The 
ordinance also creates special courts for children and specified 
protections for children in the legal system; however, there was no 
juvenile court system at year's end.
    Education was tuition free and, in principle, open to all, although 
the majority of students left school by the age of 12. Students had to 
provide their own uniforms and supplies to attend public schools. While 
primary school was compulsory up to the age of 12, only 53.4 percent of 
children in the 7-12 age group (45.7 percent of girls and 61.4 percent 
of boys) received a basic education owing to a lack of primary schools, 
especially in rural areas where 80 percent of the population lived. Net 
enrollment of children in junior high school was 18.6 percent, of which 
13.8 percent were girls. Shortages of teachers and materials, poverty, 
and cultural tendencies to place less emphasis on education of girls 
also affected the rate of girl's enrollment and education. Literacy 
rates among girls remained significantly lower than for boys. A 1998 
government estimate reported a 12 percent literacy rate for women.
    The Government solicited financial assistance from the business and 
sporting communities to provide a means of education to children in the 
country. On June 16, the Ministry of Education and the Ministry of 
Solidarity launched a program to recruit businessmen and women and 
sport celebrities to contribute financially to children's education in 
the country. Approximately 300 children were sponsored in the program.
    The country had Koranic schools, which taught only the Koran, and 
Medersas that taught not only the Koran, but also reading, writing, and 
mathematics. There were 852 registered Medersas teaching at the primary 
school level with 140,194 students; 10 percent of all students 
attending primary school during the year. While these schools were by 
statute private, the Government's policy was support to them by 
providing textbooks and providing some teacher training and pedagogic 
to support Medersa schools. There was a department at the Ministry of 
Education charged with monitoring and supporting Medersas. There were 
reports that children who attended Koranic schools spent more time 
begging on the streets than learning in the classroom. The Koranic 
schools were independent institutions that depended on donations from 
parents and the money the children (known as garibouts) received from 
begging on the streets. They received no funding from the Government, 
and were not part of the Government's educational system. The 
Government believed it was the responsibility of the Islamic leaders to 
modernize and monitor Koranic schools. Koran schoolteachers reported 
that they requested the Government's assistance in providing basic 
reading and writing materials.
    The Social Services Department investigated and intervened in cases 
of reported child abuse or neglect. According to local human rights 
organizations, reported cases were rare; however, statistics were 
unreliable.
    The marriage code allows girls under the age of 15 to marry 
provided they receive special permission from a judge. Women's rights 
organizations opposed this provision of law as contradicting 
international conventions that protect children through the age of 18.
    FGM was commonly performed on young girls (see Section 5, Women).
    Child labor and trafficking in children were problems (see Sections 
5, Trafficking and 6.d.).

    Trafficking in Persons.--The law does not prohibit trafficking in 
persons but specifically prohibits trafficking in children; however, 
children were trafficked during the year. Child trafficking is 
punishable by 5 to 20 years in prison. There also are laws that 
prohibit the contractual use of persons without their consent. 
Penalties increased if a minor was involved; however, these penalties 
were not imposed during the year.
    During the year, three women were arrested in Segou region for 
trafficking for prostitution and one man at the Guinea border for 
trafficking young girls to become housemaids in Conakry. Though legal 
protections and measures were in place, parents were reluctant to 
follow through with charges and cases often languished unresolved 
within the justice system. At year's end, investigations were ongoing 
and no charges had been announced in previous year's cases.
    Both the Ministry for the Promotion of Women, Children, and the 
Family and the Ministry of Labor and Civil Service handled the problem 
of trafficking. Both ministries, in cooperation with the Ministry of 
Foreign Affairs and the Ministry of Territorial Administration, 
developed a program to identify and rehabilitate victims, educate the 
population, and strengthen the legal system with regard to the movement 
and trafficking of minors.
    The Government signed a bilateral agreement with Burkina Faso and 
Senegal, and during the year assisted in the repatriation of 19 
children to Burkina Faso.
    In past years, child trafficking to plantations in Cote d'Ivoire 
based on coercion or deception of children and their families by 
organized networks of traffickers was prevalent; however, civil unrest 
in Cote d'Ivoire and the increased control at the country's southern 
border significantly altered trafficking routes, slowing the flow to 
Cote d'Ivoire and increasing the flow to other neighboring countries. 
The country has become a point of origin, transit, and destination for 
trafficking. Most of the trafficking occurred within the country's 
borders during the year. Children were trafficked to the rice fields in 
the central regions; boys were trafficked to mines in the southeast; 
and girls were trafficked for involuntary domestic servitude in Bamako. 
The victims were usually from the central regions of the country and 
not from a specific ethnic group. Women and girls were trafficked from 
Nigeria for sexual exploitation. Traffickers were mainly from the 
country.
    The Government worked closely with international organizations and 
NGOs and local NGOs to coordinate the repatriation and reintegration of 
trafficking victims. Fifty-four children were repatriated from Senegal 
during the year. Welcome centers in Mopti, Segou, Sikasso, and Bamako 
assisted in returning trafficked children to their families.
    On March 22, the International Organization for Migration organized 
a sub-regional workshop involving participants from Cote d'Ivoire, 
Burkina Faso, Senegal, and Guinea on child trafficking during the year.
    Parents were required to carry travel passes for children, a 
measure intended to curb child trafficking. Following information 
campaigns during the year and in 2003, the public was aware of the 
usefulness of the travel document in the fight against child 
trafficking. There were no reports that these documents hindered 
legitimate travel during the year.

    Persons With Disabilities.--There was no specific legislation 
protecting the rights of persons with physical or mental disabilities 
or mandating accessibility to public buildings; however, the Government 
did not discriminate against persons with physical disabilities in 
regard to employment, education, and other state services. The 
Government had not made provisions for persons with disabilities in 
these areas. There was no societal discrimination against persons with 
disabilities; however, in view of the high unemployment rate, persons 
with physical disabilities often were unable to find work.
    National/Racial/Ethnic Minorities.--There was inter-ethnic violence 
between the Arabs and the Kountas in the north. Sporadic fighting 
between Kountas and Arabs occurred in the Gao area over the past 5 
years primarily over resources, and because the Kountas were always in 
leadership positions, although they were fewer in number. Following the 
transition to democratic rule and elections, leadership roles have 
changed. Mediation sessions have been held; however, hostilities 
between the two communities continued to fester.
    On August 7 in the Gao region, three Arabs and approximately seven 
Kountas were killed during a flare up of inter-ethnic hostilities 
between the two communities. An investigation of the clash was ongoing 
at year's end.
    On August 12, a criminal court sentenced 17 out of 23 persons 
charged with assassination, arson, destruction of fields and various 
goods, and cattle raiding stemming from a May 2003 dispute over a local 
pond in Kela and Salamale, southwest of Bamako. The 17 found guilty 
received a 5-year sentence; the remaining 6 were acquitted. 
Approximately three persons had been killed and nine severely wounded 
in the clash.
    On September 11, prisoners, including men convicted of murder 
during the 1998 Arab/Kounta conflict escaped in a well-organized 
jailbreak. Efforts to locate escapees were unsuccessful.
    On October 18, a customs officer was killed during a confrontation 
between two Tuareg communities of Kidal. The customs officer 
volunteered to act as a mediator between the two factions, but was 
ambushed and killed by members of one of the factions. One of the 
assailants was arrested and charged.
Section 6. Worker Rights
    a. The Right of Association.--The Constitution and the Labor Code 
specifically provides for the freedom of workers to form or join unions 
and protects freedom of association, and workers exercised this right 
in practice. Only the military, the Gendarmerie, and the National Guard 
were excluded from forming unions. Virtually all salaried employees 
were organized, including teachers, magistrates, health workers, and 
senior civil servants.
    Neither the Constitution nor the Labor Code prohibits anti-union 
discrimination, but there were no reports of anti-union behavior or 
activities during the year.

    b. The Right to Organize and Bargain Collectively.--The law 
provides for the right to strike, and workers exercised this right in 
practice. The growth of independent unions led to more direct 
bargaining between these unions and their employers. Wages and salaries 
for workers belonging to the National Union of Malian Workers (UNTM) 
Federation and the Syndicated Confederation of Malian Workers (CSTM) 
were set by tripartite negotiations between the Ministry of Labor, 
labor unions, and representatives of the National Council of Employers 
of the sector to which the wages applied. Civil service salary levels 
were pegged nationally to an index established by the Government. These 
negotiations usually set the pattern for unions outside the UNTM. The 
Ministry of Labor had an office that dealt with labor disputes and 
acted as a mediator in labor disputes between employers and employees. 
There are no export processing zones.
    The Constitution provides for the right to strike; however, there 
were restrictions in some areas. For example, civil servants and 
workers in state-owned enterprises were required to give 2 weeks' 
notice of a planned strike and enter into mediation and negotiations 
with the employer and a third party, usually the Ministry of Labor and 
State Reforms. The Labor Code prohibits retribution against strikers, 
and the Government generally respected this requirement in practice.
    Several strikes, including by teachers, police officers, foreign 
service officers, and magistrates, occurred during the year. These 
strikes generally were settled within a few days.

    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 law prohibits the contractual use of persons without their 
consent; penalties include a fine and hard labor. The penalties 
increase significantly if a minor, defined as someone less than 15 
years of age, was involved.
    There were some reports that de facto slavery, long reported to 
have existed in northern salt mining communities, evolved to wage labor 
in recent years; however, reliable evidence about labor conditions in 
those remote facilities remained unavailable. Hereditary servitude 
relationships continued to informally link different ethnic groups, 
particularly in the north.

    d. Prohibition of Child Labor and Minimum Age for Employment.--The 
Labor Code has specific policies that pertain to child labor; however, 
these regulations often were ignored in practice and child labor was a 
problem. The Labor Code permits children between the ages of 12 and 14 
to work up to 2 hours per day during school vacations with parental 
approval. Children between the ages of 14 and 16 may work up to 4+ 
hours per day with the permission of a labor inspector, but not during 
nights, on Sundays, or on holidays. Children between the ages of 16 and 
18 could work in jobs that physically were not demanding; boys could 
work up to 8 hours per day and girls up to 6 hours per day. The 
Government implemented a new plan of action against child labor during 
the year. The plan, led by the Minister of Labor, focused on educating 
and training children.
    The vast number of children who worked in rural areas, helping with 
family farms and herds, and those who worked in the informal sector, 
for example, as street vendors were not protected by laws against 
unjust compensation, excessive hours, or capricious discharge.
    Child labor predominated in the agricultural and domestic help 
sectors and, to a lesser degree, in craft and trade apprenticeships, 
and cottage industries. Apprenticeship, often in a family member's or a 
parent's vocation, began at an early age, especially for children 
unable to attend school.
    The authorities enforced Labor Code provisions through inspectors 
from the Ministry of Labor and State Reforms, who conducted surprise 
inspections and complaint-based inspections; however, resource 
limitations restricted the frequency and effectiveness of oversight by 
the Labor Inspection Service, and the Service operated only in the 
formal sector.
    The National Campaign Against Child Labor, led by the International 
Program for the Elimination of Child Labor (IPEC)-Mali, was responsible 
for investigating abusive forms of child labor. IPEC relied on labor 
inspectors appointed by the Government in Bamako and in regional labor 
offices throughout the country. Investigations were held when NGOs or 
the media provided information that there was abusive child labor. 
There were no cases of child labor investigated during the year.
    Unlike in previous years, there were no reports that children were 
kidnapped and sold into effective slavery during the year.

    e. Acceptable Conditions of Work.--The Labor Code specifies 
conditions of employment, including hours, wages, and social security; 
however, in practice, many employers either ignored or did not comply 
completely with the regulations. The national minimum wage rate, set 
during the year, was approximately $53 (28,000 CFA francs) per month. 
Workers had to be paid overtime for additional hours. The minimum wage 
did not provide a decent standard of living for a worker and family. 
The minimum wage was supplemented by a required package of benefits, 
including social security and health care. While this total package 
could provide a minimum standard of living for one person, in practice, 
most wage earners supported large extended families and supplemented 
their income by subsistence farming or employment in the informal 
sector.
    The legal workweek was 40 hours (45 hours for agricultural 
employees), with a requirement for at least one 24-hour rest period. 
The Social Security Code provides a broad range of legal protections 
against hazards in the workplace, and workers' groups brought pressure 
on employers to respect parts of the regulations, particularly those 
affecting personal hygiene. However, with high unemployment, workers 
often were reluctant to report violations of occupational safety 
regulations. The Labor Inspection Service of the Ministry of Labor 
oversaw these standards but limited enforcement to the modern, formal 
sector. It was not effective in investigating and enforcing workers' 
safety and was insufficiently funded for its responsibilities.
    Workers had the right to remove themselves from dangerous work 
situations and request an investigation by the Social Security 
Department, which was responsible for recommending remedial action 
where deemed necessary; it was not known if any worker had done so.

                               __________

                               MAURITANIA

    Mauritania is a highly centralized Islamic republic dominated by a 
strong presidency. The Constitution provides for a civilian government 
composed of a dominant executive branch, a senate, and a national 
assembly. President Maaouiya Ould Sid'Ahmed Taya, head of the ruling 
Republican Social Democrat Party (PRDS), has governed since 1984, first 
as head of a military junta and since 1992 as head of an elected 
civilian government. Taya was reelected President with more than 67 
percent of the vote in November 2003. The leading opposition candidate 
was arrested just before election day, released on the eve of election 
day, then arrested again the day after day elections. Opposition 
candidates alleged widespread fraud, but they chose not to contest the 
election's results via available legal channels. Several political 
parties remained banned, and the Government refused two new political 
parties' requests for official recognition. The judiciary was subject 
to significant pressure from the executive through the latter's ability 
to appoint and pressure judges.
    The Ministry of Defense directs the armed forces and Gendarmerie; 
the Ministry of Interior directs the National Guard and police. The 
armed forces are responsible for national defense. The National Guard 
performs police functions throughout the country in areas in which city 
police are not present. The Gendarmerie is a specialized paramilitary 
group responsible for maintenance of civil order in and outside 
metropolitan areas. The civilian authorities generally maintained 
effective control of the security forces; however, authorities arrested 
over 100 military, police, and Gendarmerie officers in August, 
September, and October on charges of coup plotting. Some members of the 
security forces committed human rights abuses.
    The country had an estimated population of 2.9 million and had a 
market-oriented economy. Persistent drought, widespread 
desertification, and the largest locust invasion in at least 15 years 
have severely harmed the country. Mauritania suffers from rapid 
urbanization, extensive unemployment, pervasive poverty, and a 
burdensome foreign debt. The concentration of much of the country's 
wealth in the hands of a small elite, including the President's tribe 
and related Moor tribes, as well as a lack of transparency and 
accountability in certain areas of governance, impeded economic growth. 
The country received foreign assistance from bilateral and multilateral 
sources.
    The Government's human rights record remained poor; although there 
were some improvements in a few areas, serious problems remained. The 
Government circumscribed citizens' ability to change their government. 
There were some reports that the police beat detainees, and there were 
unconfirmed reports of torture. The Government took action against some 
members of security forces who committed abuses; however, impunity 
remained a problem. Prison conditions were harsh. Security forces used 
arbitrary arrest and detention and illegal searches. Although lengthy 
pretrial detentions continued, the length of pretrial detentions grew 
shorter due to an increased number of general and specialized courts. 
The Government continued its program of judicial reform and training. 
At times, the Government restricted freedom of speech, the press, and 
assembly. The Government limited freedoms of association and religion. 
The Government refused to recognize officially some nongovernmental 
organizations (NGOs) and human rights organizations. Discrimination 
against women continued. Female genital mutilation (FGM) remained a 
serious problem, despite some government efforts to halt the practice. 
Trafficking in persons was a problem. Ethnic tensions continued, and 
the largely southern-based ethnic groups remained underrepresented in 
political life, and some of their members felt excluded from effective 
political representation. Despite government efforts to eradicate the 
practice, local and international reports continued that slavery in the 
form of involuntary servitude persisted, particularly in remote regions 
of the country where a barter economy still existed. In addition, 
former slaves or descendants of slaves continued to work voluntarily 
for former masters or others in highly dependent relationships that 
constituted extreme servitude. Child labor in the informal sector was 
common.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Arbitrary or Unlawful Deprivation of Life.--There were no 
reports of the arbitrary or unlawful deprivation of life committed by 
the Government or its agents. The trial of the two policemen charged 
with killing Amadou Kane, in August 2003, began in June. The government 
prosecutor charged the policemen with involuntary manslaughter and 
chose not to put the policemen into pretrial confinement. The trial 
continued at year's end.
    There were no developments in the 2003 drowning of Taleb Boubacar 
on the Nouakchott beach or in the official investigation into the 
killing of a teenager in Kaedi.

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

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The law prohibits such practices; however, there were 
reports that police beat criminal suspects in custody. Several 
allegations of torture, in particular, of torture at the Ouad Naga and 
police school prisons, remained unconfirmed.
    In October, Al-Jazeera broadcasted several images of bound and 
hooded men at the police school and Ouad Naga prison in connection with 
the coup attempts and plots during 2003. The Government categorically 
denied that prisoners at either prison had been tortured, and, at 
year's end, continued to work on an ICRC request for an official visit 
to these prisons.
    Lawyers and family members of 129 soldiers detained in connection 
with the June 2003 coup attempt continued to allege that security 
forces tortured the detainees (see Section 1.d.). Neither media nor 
detainees provided conclusive evidence of torture.
    Prison conditions remained harsh, although human rights activists 
reported that prison administration continued to show improvement. In 
some prisons, serious overcrowding persisted, and sanitation facilities 
remained inadequate, reportedly contributing to diseases such as 
tuberculosis, diarrhea, and dermatological ailments. Medical supplies, 
mainly provided by an international NGO, remained insufficient in all 
prisons. Prisoners with high-level government connections and with 
families to bring them food, medicines, and reading material fared 
better than the less privileged or citizens from other countries. In 
June, the Government provided food, bedding, medicines, and clothing to 
the Beyla prison in Nouakchott; however, budget allocations to improve 
food and nutrition, medical services and supplies, and bedding and 
cleaning supplies were not sufficient. Guard force management generally 
enforced regulations against beatings and torture; however, there 
continued to be credible reports of beatings of detainees at the 
Commissariat outside the Nouakchott prison. The nationwide prison 
capacity was 700, and, in September, the prison population was 
approximately 1,000. The prison population in Nouakchott was 405 
persons. There were 381 men, 8 women, and 16 minors; minors were held 
in separate facilities. Local NGOs approvingly noted that the 
Government did not imprison any female rape victims during the year, in 
contrast to past practice.
    Female prisoners have separate facilities with female guards and a 
communal garden. Children of female prisoners remained with their 
mothers, or the Ministry of Justice gave temporary custody of the 
children to another family member. The Noura Foundation, an NGO working 
in the prison, provided education and domestic training to the female 
prisoners. UNICEF, in collaboration with the Catholic NGO CARITAS and 
the Noura Foundation, provided services such as job training and sport 
activities in the juvenile detention centers. Pretrial detainees were 
frequently held with convicted prisoners, as a result of over crowding 
problems in the prisons.
    The Government permitted prison visits by NGOs, diplomats, and 
international human rights observers. Foreign diplomats visited some 
prisons during the year. The International Committee of the Red Cross 
(ICRC) had access to prisons but did not conduct prison visits during 
the year.

    d. Arbitrary Arrest or Detention.--The Constitution prohibits 
arbitrary arrest and detention; however, there were frequent reports 
that the police arbitrarily arrested and detained citizens.
    The police, who are under the control of the Ministry of the 
Interior, lacked equipment and training, which often weakened attempts 
to enforce the law. Corruption was believed to be endemic at all levels 
of the police. Police generally acted with impunity. The Government 
often did not hold security officials accountable or prosecute security 
officials for abuses.
    The application of constitutional safeguards continued to vary 
widely from case to case. The law requires that courts review the 
legality of a person's detention within 48 hours of arrest. The police 
may extend the period for another 48 hours, and a prosecutor or court 
can detain persons for up to 30 days in national security cases. Only 
after the prosecutor submits charges does a suspect have the right to 
contact an attorney. While one article of the law provides detainees 
with the right to prompt judicial determination of the charges against 
them, an older law allows the Government to detain persons for up to 30 
days without a judicial determination. The Government frequently 
adhered to the older law, particularly during politically turbulent 
periods. There is a provision for granting bail, but it was rarely 
used. The Government continued its judicial system reforms, which 
included creating specialized appeals courts and training judges in 
specialized legal fields abroad during the year.
    In August, the Government briefly detained, but released the same 
day, several religious leaders on unspecified charges. The arrests 
appeared to be based on alleged political activities rather than 
religious beliefs. Several Islamist leaders--Jemil Mansour, Imam Dedew, 
and Moktar Mohamed Moussa--were arrested on multiple occasions during 
the year, allegedly for taking pictures of prisoners who claimed to 
have been tortured. The three men remained in pretrial confinement and 
under investigation, but had not been formally charged with any crime, 
at year's end.
    During the year, the Government arrested several military officers 
and civilians allegedly involved in coup plotting (see Section 3).
    The 129 detainees held in connection with the June 2003 coup 
attempt were moved to a prison southeast of Nouakchott where 
conditions, particularly in the summer heat, were reported to be very 
harsh. Multiple reports alleged that, for periods of several weeks at a 
time, prisoners were not allowed access to lawyers or family.
    According to some neutral observers, police in some regions 
arrested former criminals and demanded bribes for their release. 
Pretrial detention was a common practice. Some indicted detainees were 
released before trial without explanation.

    e. Denial of Fair Public Trial.--The Constitution provides for the 
independence of the judiciary; however, in practice, the executive 
branch exercised significant influence over the judiciary through its 
ability to appoint and pressure judges. In addition, poorly educated 
and poorly trained judges who were susceptible to social, financial, 
and tribal pressures limited the judicial system's fairness.
    There is a single system of courts with a modernized legal system 
that conformed with the principles of Islamic law (Shari'a). 
Departmental, regional, and labor tribunals are the courts of first 
instance at the lower level. The 53 departmental tribunals, composed of 
a president and magistrates with traditional Islamic legal training, 
heard civil cases involving sums less than $39 (10,000 ouguiya) and 
family issues, such as domestic, divorce, and inheritance cases. A 
total of 13 regional tribunals accepted appeals in commercial and civil 
matters from the departmental tribunals and heard misdemeanors cases. 
At the middle level, three courts of appeal, each with seven chambers 
(civil, commercial, administrative, and penal chambers, as well as 
criminal, minors, and labor courts) heard appeals from the regional 
courts and have original jurisdiction for felonies.
    The Supreme Court was nominally independent and was headed by a 
magistrate appointed to a 5-year term by the President. The Supreme 
Court reviewed decisions and rulings made by the courts of appeal to 
determine their compliance with the law and procedure. Constitutional 
review was within the purview of a six-member Constitutional Council, 
composed of three members named by the President, two by the National 
Assembly president, and one by the Senate president. The Supreme 
Council of Magistrates, over which the President presided, undertook 
annual review of judicial decisions; the president and senior vice 
president of the Supreme Court, the Minister of Justice, three 
magistrates, and representatives from the Senate and National Assembly 
were members of this council. The annual review was intended to 
determine whether courts applied the law correctly and followed proper 
procedures. Reviews also served as a basis for evaluating the reform 
process and reassigning judges based on their qualifications.
    The Constitution provides for due process and the presumption of 
innocence until proven guilty by an established tribunal. All 
defendants, regardless of the court or their ability to pay, have the 
legal right to representation by counsel during the proceedings, which 
were open to the public. If defendants lack the ability to pay for 
counsel, the court appointed an attorney from a list prepared by the 
National Order of Lawyers, which provided a defense free of charge. The 
law provides that defendants may confront witnesses, present evidence, 
and appeal their sentences, and these rights generally were observed in 
practice.
    Shari'a provides the legal principles upon which the law and legal 
procedure are based, and courts did not treat women as the equals of 
men in all cases (see Section 5).
    The minimum age for children to be tried was 12. Those between the 
ages of 12 and 18 were convicted tried and sentenced to the juvenile 
detention center. There was a special court to hear the cases of 
children under the age of 18. Children who appeared before the court 
received more lenient sentences than adults, and extenuating 
circumstances received greater consideration in juvenile cases.
    With international assistance, the Government continued a program 
to improve judicial performance and independence by organizing all laws 
and statutes into a single reference text and training officials 
throughout the justice system. Separate tribunals for specific types of 
disputes held court sessions more frequently. In August and September, 
several Islamic magistrates and legal clerks participated in a training 
program abroad that emphasized exposure to international legal 
concepts, including foundations of business law and property law.
    The Government opened the trial of 181 men, who were charged with 
either participating in the June 2003 coup attempt or with plotting 
other coups, in late November. Defense lawyers alleged several 
procedural irregularities at the trial, including the presence of 
military officers on a tribunal that judged civilians as well as 
soldiers and the prosecution's demand for the death penalties for up to 
18 men based solely on their signed confessions, not on any material 
evidence. The trial was ongoing at year's end.
    There were no reports of political prisoners.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The law requires judicial warrants to execute home 
searches; however, the authorities reportedly often ignored this 
requirement.
    Government surveillance of dissidents and the political opposition 
was believed to continue; however, the extent to which the Government 
used informants was unknown.
    There were a number of reports that some government officials 
misappropriated land under the land reform system, confiscating the 
land of southern ethnic groups or the land traditionally held by Black 
Moors and distributing it to their friends and family. However, the 
Government intervened in Barkeol and ensured that most of the 
misappropriated land was returned to its traditional owners, with other 
former owners receiving compensation for the loss of their land.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The Constitution provides for 
freedom of speech and of the press; however, the Government continued 
to restrict these rights through prepublication press censorship by the 
Interior Ministry. In a few cases, media groups were refused access to 
public forums or censored for criticizing the Government. The 
Government did not restrict academic freedom.
    All newspapers must register with the Ministry of the Interior; 
registration was routine. Two daily newspapers, Horizons and Chaab, 
were government owned. There were approximately 25 privately owned 
newspapers that published on a regular basis. These journals were 
weeklies and reached limited audiences. NGOs and the privately owned 
press openly criticized the Government and its leaders. Antigovernment 
tracts, newsletters, and petitions circulated widely in Nouakchott and 
other towns. Newspapers, journals, and privately published books were 
exempt from all taxes on materials used to produce them.
    Radio was the most important medium in reaching the public, and the 
official media strongly supported government policies. All broadcast 
media (radio and television) were government owned and operated. The 
Government continued to deny, or simply not respond to, private 
applications to establish domestic radio stations.
    Using satellite receivers and dish antennas, citizens could receive 
worldwide television broadcasts.
    Unlike in the previous year, there were no reports that journalists 
were arrested during the year.
    The Press Law requires publishers to submit copies of newspapers to 
the Ministries of Interior and Justice before distributing them. The 
Ministry of the Interior reviewed all newspaper copy prior to 
publication and usually authorized sales and distribution within 2 to 3 
days. However, the Press Law provides that the Minister of the Interior 
can stop publication of material that discredits Islam or threatens 
national security. The Ministry censored one weekly edition of an 
independent newspaper.
    In September, the Government banned Al Jawahir, an independent 
Arabic-language newspaper, as a result of its alleged financial links 
to Libya. The Government had accused Libya of backing a coup plot in 
August (see Section 1.d.).
    The Arab-language private newspaper, Ar-Raya, closed by the 
Government in 2003 as a result of its links with Islamist political 
leader Jemil Mansour, remained closed during the year.
    A senior member of the ruling political party sued four independent 
newspapers for libel after they published articles in their local 
newspapers in April, alleging that he embezzled funds from the sale of 
an oil refinery. The case was settled out-of-court.
    Opposition parties' access to government radio and television 
broadcast facilities was extremely limited.
    The Government did not restrict access to the Internet.

    b. Freedom of Peaceful Assembly and Association.--The Constitution 
provides for freedom of assembly; however, the Government sometimes 
restricted this right in practice.
    The law requires that all recognized political parties and NGOs 
apply to the local prefect for permission to hold large meetings or 
assemblies. On November 8 and 9, police used tear gas to disperse 
demonstrations in Nouakchott. In May, the Government refused to allow a 
lawyers' organization to hold a press conference in Nouakchott on the 
grounds that the organization was not officially recognized. The 
Government refused several formal requests by recognized opposition 
parties to hold marches and press conferences.
    The Constitution provides for freedom of association; however, the 
Government limited this right in practice, and circumscribed the 
efforts of some groups by denying them official recognition. All 
political parties must register with the Ministry of the Interior. At 
least 15 organized political parties and a wide array of NGOs, many of 
them highly critical of the Government, functioned openly, issued 
public statements, and chose their own leadership; however, the 
Government banned or refused to authorize several parties. The 
Government has not yet granted some NGOs official standing but did not 
prevent them from functioning (see Section 4). The Government did not 
recognize any new NGOs or associations during the year.
    The Government refused two new political parties' requests for 
official recognition, and continued to ban the political parties Action 
for Change, Union of Democratic Forces-New Era (UFD-EN), An-Nouhoud, 
and Taliaa (Vanguard). The Government did recognize one new, 
opposition-based political party named ``Sawab.''
    The Government's prohibition against forming the Convention for 
Change party remained in force.
    In June, the African Commissions on Human and People's Rights 
stated that the Government's 2000 banning of the UFD-EN was a violation 
of Article 10 of the African Charter of Human and People's Rights.

    c. Freedom of Religion.--The Constitution establishes the country 
as an Islamic republic and decrees that Islam is the religion of its 
citizens and the State; the Government limited freedom of religion. 
However, Christians in the foreign community and the few Christian 
citizens practiced their religion openly and freely.
    The Government did not register religious groups; however, NGOs had 
to register with the Ministry of the Interior (see Section 2.b.). This 
included humanitarian and development NGOs affiliated with religious 
groups.
    Although there is no specific legal prohibition against 
proselytizing by non-Muslims, in practice, the Government prohibited 
proselytizing by non-Muslims through the use of the Press Act, which 
bans the publication of any material that is against Islam or 
contradicts or otherwise threatens Islam. However, there were no 
reports that the Government punished persons for violating this 
provision during the year. The Government viewed any attempts by 
Christians to convert Muslims as undermining society; however, the 
Government also restricted suspected Islamic extremists. There were no 
known non-Muslim groups engaging in proselytizing, and foreign 
Christian NGOs limited their activities to humanitarian and development 
assistance.
    Under the Press Act, the Government may restrict the importation, 
printing, or public distribution of Bibles or other non-Islamic 
religious literature, and, in practice, Bibles were neither printed nor 
publicly sold in the country. However, the possession of Bibles and 
other Christian religious materials in private homes was not illegal, 
and Bibles and other religious publications were available among the 
small Christian community.
    For a more detailed discussion, see the 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, in some 
regions, persons lacking identity cards could not travel freely. The 
Government set up roadblocks where gendarmerie, police, or customs 
officials checked the papers of travelers and often demanded bribes; 
however, during the year, the Government generally maintained fewer 
roadblocks and reduced the time taken in questioning and conducting 
vehicle searches. There were fewer reports of more stringent searches 
in the southern border areas.
    The U.N. High Commissioner for Refugees (UNHCR) estimated that 
there were between 15,000 and 20,000 refugees from the 1989-91 crisis 
remaining in Senegal, although refugees have continued to return 
independently in small numbers and have benefited from small-scale 
agroforestry, health, and sanitation projects continued by NGOs and 
humanitarian workers. Cooperation by local authorities in addressing 
restitution and citizenship matters varied greatly, depending on 
individual officials and the returnee's region. Many returnees received 
their original homes, some property, and all or a portion of their land 
(see Section 1.f.). Throughout the Chemama or the Senegal River Valley 
region, returnee communities were reestablishing their agricultural 
production; however, recovery of land titles remained the primary 
issue. Timely restoration of identity papers varied, and some of those 
who returned in 1995 have not yet received identification cards. In 
some regions, persons lacking identity cards could not travel freely.
    The law does not provide for the granting of asylum or refugee 
status in accordance with the 1951 U.N. Convention Relating to the 
Status of Refugees or its 1967 Protocol, or the 1967 African Union 
Convention on the status of refugees, but the Government has 
established a system for providing such protection. 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 cooperated with the office of the U.N. 
High Commissioner for Refugees and other humanitarian organizations in 
assisting refugees status or asylum.
    The Government provided temporary protection to refugees from 
neighboring countries including Liberia, Sierra Leone, Senegal, the 
Democratic Republic of the Congo, Cote d'Ivoire, Mali, Western Sahara, 
and Guinea-Bissau. The Government also accepted the UNHCR's 
registration of approximately 400 asylum seekers, mostly from Sierra 
Leone and Liberia.
    The country hosted more than 50,000 nationals of other West African 
countries who sought refuge and employment, primarily in Nouakchott and 
Nouadhibou. An estimated 60 percent of the country's small-craft 
fishermen were Senegalese.
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, this right was circumscribed in practice.
    Although civilians occupied all ministerial-level positions, some 
members of the Military Council that ruled from 1984 to 1992, in 
addition to President Taya, remained in positions of power within the 
executive branch, the National Assembly, the armed forces, and 
government-owned enterprises.
    President Taya won the November 2003 elections with 67 percent of 
the vote amid reports of fraud, particularly in the southern part of 
the country. The Government did not invite international and local 
diplomatic observers to observe the voting process, although it did 
permit one international organization to visit the country during the 
elections. The leading opposition candidate, Mohamed Haidallah, was 
arrested the day before the election, released, and re-arrested the day 
after the election. Opposition candidates alleged that the Government 
conducted a fraudulent election but chose not to contest the election's 
results via available legal channels, reportedly because the leading 
opposition candidate's imprisonment immediately following the elections 
prevented him from taking any legal action.
    The Government arrested and tried 181 persons, mostly military 
officers, including Major Saleh Ould Hanenna, the leader of the 
``Knights of Change,'' for their involvement in three separate attempts 
to stage a coup to overthrow President Taya. The trial continued at 
year's end.
    The Government reportedly harassed the sons of former president and 
current opposition leader Mohamed Haidallah on several occasions during 
the year, allegedly in connection with criminal activity.
    There were no laws permitting public access to government 
information, by either citizens or non-citizens. Requests for such 
access were routinely refused, usually without a specific reason being 
given.
    Women have the right to vote and formed the majority of registered 
voters in the November 2003 presidential elections. There were 3 women 
in the 81-seat National Assembly and 6 women in the 56-seat Senate. 
Three of the 15 members of the Executive Bureau of the ruling PRDS were 
women, and a woman headed the Union for Democracy and Progress party, a 
part of the ruling coalition. Women occupied some senior government 
positions: Three cabinet-level posts including the Minister of Labor, 
two secretaries of state (Women's Affairs and New Technologies), the 
deputy director of the President's Cabinet, and the President's 
Minister-Counselor. Women were well represented in the Secretariat of 
Women's Affairs, including a number from minority ethnic groups. Aicha 
Mint Jeddane registered in the 2003 presidential elections as the 
country's first female presidential candidate. Her campaign platform 
focused on promoting women's issues.
    The 56-member Senate had 3 Black Moors, 4 Halpulaars, 3 Soninkes, 
and the remaining 46 were of either White Moor or mixed White Moor/
Black Moor heritage. The 81-member National Assembly had 9 Black Moors, 
8 Halpulaars, 2 Soninkes, and 2 Wolof. Minorities such as the Black 
Moors, Halpulaars, Soninkes, and Wolofs were underrepresented in senior 
government positions. However, Sghair Ould M'Bareck was appointed as 
the country's first Black Moor Prime Minister in July 2003 and 
reappointed in mid-November 2003, and the first Black Moor woman to 
occupy a ministerial level position was appointed Minister of Public 
Records on November 2003. Of the Government's 22 ministerial posts, 2 
incumbents were Black Moor, 2 were Halpulaar, and 1 was Soninke; the 
remaining 14 were of either White Moor or mixed White Moor/Black Moor 
ethnicity (see Section 5). The full 26-member Cabinet, including 
secretaries of state, had 2 Black Moors, 3 Halpulaars, and 1 Soninke.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    Several domestic and international human rights groups generally 
operated without government restriction, investigating and publishing 
their findings on human rights cases. Government officials were 
somewhat cooperative and responsive to their views. The Government did 
not officially recognize a number of NGOs, and denied these NGOs the 
ability to deal with government officials, as well as the ability to 
request government assistance.
    There were three organizations concerned with overall human rights 
issues. The oldest is the Mauritanian League for Human Rights (LMDH), a 
government-recognized body with a strong track record of defending 
government policies. A second organization, the Mauritanian Association 
for Human Rights (AMDH), was still unrecognized during the year (see 
Section 2.b.). While not affiliated with the opposition, the AMDH had 
many opposition members, and the AMDH was more critical of the 
Government than the LMDH, particularly on the unresolved abuses of the 
1989-91 period. The International Study and Research Group on Democracy 
and Economic and Social Development in Africa (GERDDES-Africa) was not 
officially recognized. The Government has not responded to the 
applications of these organizations on the grounds that they were 
ethnically based organizations that were divisive and in violation of 
the law; however, the unrecognized organizations generally carried out 
their activities unimpeded by the Government. Many of the other 
organizations, including 14 unregistered associations such as the anti-
slavery NGO SOS-Esclaves, were active in addressing human rights issues 
such as slavery, refugees, and the 1989 expellees.
    Unlike in the previous year, no international human rights 
organizations visited the country during the year. An International 
Labor Organization (ILO) contact team visited the country in May.
    In August, the U.N.-based Committee for the Elimination of Racial 
Discrimination (CERD) reported that slavery, FGM, and racial 
discrimination remained ongoing problems in the country.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The Constitution provides for equality before the law for all 
citizens, regardless of race, national origin, sex, or social status, 
and prohibits racial or ethnic propaganda; however, in practice, the 
Government often favored individuals on the basis of ethnic and tribal 
affiliation, social status, and political ties. Societal discrimination 
against women, strongly rooted in traditional society, was endemic, 
although the situation continued to improve.

    Women.--Abuse and domestic violence are illegal, and human rights 
monitors and female lawyers reported that domestic violence was rare, 
particularly among the Moor population. The police and judiciary 
occasionally intervened in domestic abuse cases, but women in 
traditional society rarely sought legal redress, relying instead upon 
family and ethnic group members to resolve domestic disputes.
    Rape, including spousal rape, is illegal, and there was one known 
conviction under this law during the year. In this case, the victim was 
a foreign national, and the perpetrators received light sentences, 
ranging from time served to 2 years minus time served. According to NGO 
reporting, the incidence of unreported rape was high. A credible local 
NGO's 2000 study found approximately 330 cases of rape in Nouakchott. 
Of the 330 cases, 140 had been reported as rape to medical staff. The 
remaining 190 had not been reported as rape, but the NGO concluded that 
the cases fit the medical profile for violent sexual assault. The study 
added that 46 percent of these 330 assaults were group assaults.
    Prostitution is illegal; however, NGO reporting indicated that it 
was a growing problem in some urban areas, particularly among Afro-
Mauritanian and Black Moor women.
    Traditional forms of mistreatment of women continued, mostly in 
isolated rural communities, but these practices appeared to be on the 
decline. One form of such mistreatment was the forced feeding of 
adolescent girls (gavage) prior to marriage, which was practiced only 
among White Moors tribal groups. While there was no law prohibiting 
gavage, the Government made it a policy to end the practice. Reports 
during the year indicate that very few women are currently subjected to 
gavage.
    FGM was practiced among all ethnic groups. It was performed most 
often on young girls, often on the 7th day after birth and almost 
always before the age of 6 months. According to the most recent 
internationally sponsored study in 2001, three-fourths of all women 
between the ages of 15 and 49 have been subjected to FGM. Local experts 
agreed that the least severe form of excision was practiced and not 
infibulation, the most severe form of FGM. The practice of FGM has 
decreased in the modern urban sector.
    The Government and international NGOs continued to coordinate anti-
FGM efforts. These efforts focused on eradicating the practice in 
hospitals, discouraging midwives from practicing FGM, and educating 
populations in some areas on the issue. The High Islamic Council of 
Mauritania, the Islamic Scholar Association, and the National Forum for 
Women's Rights continued to emphasize the serious health risks of FGM 
and emphasize that FGM was not a religious requirement. The Government 
continued intensive media and educational campaigns against FGM during 
the year. Government hospitals and licensed medical practitioners were 
barred from performing FGM, and several government agencies worked to 
prevent others from carrying on this practice. According to several 
women's rights experts, the campaign against FGM appeared to be 
changing attitudes towards the practice; however, there were reports 
during the year that midwives performed FGM in local hospitals in 
violation of the Government's ban.
    Women have legal rights to property and child custody, and, among 
the more modern and urbanized population, these rights were recognized. 
By local tradition, a woman's first marriage, but not subsequent 
marriages, requires parental consent. In accordance with Shari'a as 
applied in the country, marriage and divorce do not require the woman's 
consent, polygyny is allowed, and a woman does not have the right to 
refuse her husband's wish to marry additional wives. In practice, 
polygyny was very rare among Moors but was common among other ethnic 
groups. It was common in Moor society for a woman to obtain, at the 
time of marriage, a contractual agreement that stipulated that her 
husband must agree to end their marriage if he chose an additional 
wife. Arranged marriages also were increasingly rare, particularly 
among the Moor population. Women frequently initiated the termination 
of a marriage, which most often was done by repudiation of husband or 
wife rather than divorce. The reported rate of divorce among Moors 
remained 37 percent, with a remarriage rate of 72.5 percent. In July, 
the National Assembly voted against a proposal to provide women the 
same rights for a divorce that are available to men.
    Women still faced legal discrimination. The testimony of two women 
was necessary to equal that of one man. The courts grant only half the 
amount of an indemnity to the family of a woman who has been killed 
that they award for a man's death. The Personal Status Code provides a 
framework for the consistent application of secular law and Shari'a-
based family law, but this Code has yet to be implemented. For example, 
formulas applied to property distribution varied widely from case to 
case. In addition, the validity of and right to establish prenuptial 
agreements was not always respected. However, women did not face legal 
discrimination in areas not addressed specifically by Shari'a. The law 
provides that men and women receive equal pay for equal work. While not 
applied universally in practice, the two largest employers, the civil 
service and the state mining company, observed this law. In the modern 
wage sector, women also received family benefits, including 3 months of 
maternity leave.
    The Government sought to open new employment opportunities for 
women in areas that were traditionally filled by men, such as health 
care, communications, police, and customs services. Women became more 
involved in the fishing industry and established several women's 
fishing cooperatives.
    The Secretariat for Women's Affairs worked with many NGOs and 
cooperatives to improve the status of women. The Government, women's 
groups, and national and international NGOs organized meetings, 
seminars, and workshops throughout the year to publicize women's 
rights.

    Children.--The law makes special provision for the protection of 
children's welfare, and the Government had programs to care for 
abandoned children; however, inadequate funding hampered these 
programs. Education continued to receive the largest share of the 
national budget at 18 percent. The Government relied on foreign donors 
in such areas as child immunization.
    The Government required attendance at school for 6 years, but full 
implementation of universal primary education was not scheduled to be 
completed until at least 2007, primarily because the Government lacked 
the financial resources to provide educational facilities and teachers 
throughout the country, especially in remote areas. There was a 
moderate increase in the official attendance rate, which increased to 
91.7 percent during the year from 90 percent in 2001. Classes were 
fully integrated, including boys and girls from all social and ethnic 
groups. Children of slave families were allowed to attend school. There 
were no legal restrictions on the education of girls. An estimated 90 
percent of school-age girls attended elementary school in 1998 and 
1999, compared with 88 percent for boys. At the secondary level, female 
students constituted 44 percent of those enrolled. Despite these 
increases, enrollment in the southern and eastern parts of the country 
remained at a lower level. Female students made up 21.2 percent of the 
university's enrollment for the 2001-2002 academic year. Female 
students also constituted 30.5 percent of enroll in technical schools. 
The official literacy rate for women remained at 32 percent, compared 
with 50 percent for men. Almost all children, regardless of sex or 
ethnic group, attended Koranic school between the ages of 5 and 7 and 
gained at least rudimentary skills in reading and writing Arabic.
    FGM was commonly performed on young girls (see Section 5, Women).
    Trafficking in children occurred (see Section 5, Trafficking).
    Child labor was a problem, particularly in the informal sector (see 
Section 6.d.)
    Local NGOs estimated that there were up to 400 street children, 
largely as a result of poverty and of the urbanization of formerly 
nomadic families; however, the Government implemented a program to 
assist families with street children and to encourage their school 
attendance.

    Trafficking in Persons.--The law prohibits all forms of trafficking 
in persons; the Government did not prosecute or sentence anyone under 
this law during the year.
    The country was a source and destination for men, women, and 
children trafficked for the purpose of forced labor. Multiple NGO 
reports suggested that forced labor took several possible forms (see 
Section 6.c.). Slavery-related practices, and possibly slavery itself, 
persisted in isolated areas of the country where a barter economy still 
prevailed. Several reports suggested that young girls from remote 
regions, and possibly from western Mali, worked as unpaid housemaids in 
some wealthy urban homes. An unknown number of Talibes, or young boys, 
nearly all from Pulaar tribes, begged in the streets as part of a 
``work-study'' arrangement with some ``marabouts,'' or religious 
teachers, for receiving religious instruction.
    There were no reports that government officials participated in, 
facilitated, or condoned trafficking. The Government did not provide 
assistance or protection services to trafficking victims, but did allow 
one NGO to provide limited assistance to Talibes.
    The Government took measures to improve border security to combat 
trafficking in persons. Although no traffickers have been apprehended, 
these measures have resulted in arrests for alien smuggling.

    Persons With Disabilities.--The law does not provide specifically 
for persons with disabilities; however, there were no reports of 
government or societal discrimination against persons with 
disabilities. The Government does not mandate preference in employment 
or education or public accessibility for persons with disabilities; 
however, it did provide some rehabilitation and other assistance for 
persons with disabilities. NGOs have become increasingly active in 
raising public awareness of issues affecting persons with disabilities. 
The school for the deaf and the blind in Nouakchott operated 6 
classrooms and enrolled 67 students during the year; however, the 
school lacked sufficient trained staff.

    National/Racial/Ethnic Minorities.--Ethnic minorities faced 
societal discrimination. Ethnic and cultural tension and discrimination 
arose from the geographic and cultural divides between Moor and Black 
African. The Moors were divided among numerous ethno-linguistic tribal 
and clan groups and further distinguished racially as either White Moor 
or Black Moor, although it often was difficult to distinguish between 
the two by skin color. White Moor tribes and clans, many of whom were 
dark-skinned after centuries of intermarriage with Berbers and sub-
Saharan African groups, dominated positions in government and business. 
The Black Moor subgroup remained politically and economically weaker 
than the White Moor subgroup. Concentrated in the south, the Halpulaar 
(the largest non-Moor group), the Wolof, and the Soninke ethnic groups 
were underrepresented in the military and security sectors.
    The Constitution designates Arabic as the official language and 
Arabic, Pulaar, Soninke, and Wolof as the country's national languages; 
however, successive governments--both civil and military--have pursued 
various policies of ``Arabization'' in the schools and in the 
workplace.
    Ethnic rivalry significantly contributed to political divisions and 
tensions. Some political parties tended to have readily identifiable 
ethnic bases, although political coalitions among them were 
increasingly important.
    Other Societal Abuses and Discrimination.--There was no evidence of 
either societal violence or systematic government discrimination 
directed at practicing homosexuals. Although Shari'a outlaws 
homosexuality under certain conditions, secular laws did not, and the 
Government did not arrest or prosecute any homosexuals during the year.
    There was no evidence of systematic discrimination by either 
society or the Government against persons with HIV/AIDS; however, 
taboos and beliefs associated with the disease caused victims in some 
areas to face isolation or exclusion.
Section 6. Worker Rights
    a. The Right of Association.--The Constitution provides for freedom 
of association and the right of citizens to join any labor 
organization, and workers exercised this right in practice. All workers 
except members of the military and police were free to associate in and 
establish unions at the local and national levels. To be legally 
recognized, a union is required to have the authorization of the Public 
Prosecutor who can provisionally suspend a trade union at the request 
of the Ministry of the Interior if it believes that the union has not 
complied with the law. However, the Government has the power to decide 
whether to recognize a trade union (see Section 6.b.).
    The majority of the labor force was in the informal sector, with 
most workers engaged in subsistence agriculture and animal husbandry; 
only 25 percent were employed in regularly paid positions. However, 
nearly 90 percent of industrial and commercial workers were organized. 
In July, the Government approved an updated labor code that brought the 
country closer into line with ILO-specified international norms (see 
Section 6.b.). The code provided criminal penalties for slavery.
    Laws provide workers with protection against anti-union 
discrimination, and employees or employers may bring labor disputes to 
three-person labor tribunals administered jointly by the Ministries of 
Justice and Labor with the participation of union and employer 
representatives.

    b. The Right to Organize and Bargain Collectively.--The law 
provides that unions may organize workers freely without government or 
employer interference, and workers exercised this right in practice. 
General or sector agreements on wages, working conditions, and social 
and medical benefits were negotiated in tripartite discussion and 
formalized by government decree. Wages and other benefits could also be 
negotiated bilaterally between employer and union, and the results of 
such negotiations were filed with the Directorate of Labor. Although 
the Directorate has the ability to change the negotiated settlement 
between labor and business, there were no known cases of such action 
during the year. There are no export processing zones.
    The law provides workers with the right to strike, and workers 
exercised this right during the year. However, strikes in the private 
sector must be preceded by submission of a non-conciliation or 
negotiation-breakdown report. Once a referral is made to arbitrate a 
dispute, the tripartite arbitration committee may automatically 
terminate any strike. Some unions believed the new code of rendered 
strikes ineffective by requiring advance notification. Some trade union 
representatives stated that there was little social dialogue except in 
response to worker actions in a dispute.
    The Government can dissolve a union for what it considered an 
``illegal'' or ``politically motivated'' strike; however, no unions 
were disbanded during the year.
    The Government ratified an updated Labor Code during the year. The 
updated Code included significant improvements in health-care 
entitlements, including the introduction of maternity leave; an 
improved paced-arbitration system; and a series of laws prohibiting 
forced labor in any form.

    c. Prohibition of Forced or Compulsory Labor.--The law prohibits 
forced or compulsory labor, including by children; however, the law 
only applies to the relations between employers and workers, and there 
were credible reports such practices occurred. Slavery is illegal; 
however, there were still areas where the attitude of master and slave 
prevailed.
    The updated Labor Code, which came into effect in July, includes 
criminal penalties for human trafficking in all of its recognized forms 
and includes increased criminal penalties for contracting to benefit 
from forced labor and for exploiting forced labor as part of an 
organized criminal network.
    In May an ILO team visited the country to investigate allegations 
of the persistence of forced labor; however, a report had not been 
released by year's end.
    Citizens continued to suffer from the country's heritage of 
slavery. Slavery has been officially abolished; however, the practice 
of chattel slavery was once a tradition. Numerous reports suggested 
that some members of the long-dominant White Moor community continued 
to expect or desire the servitude of Black Moors. The nature of these 
reports also suggested that such attitudes impeded the goal of 
eliminating all remnants of slavery and related practices, a goal to 
which both the Government and major opposition parties were committed. 
Slavery-related practices, and reports of slavery itself, persisted 
most strongly in those remote regions of the east and southeast where a 
barter economy existed, where education levels were generally low, and 
where a greater need existed for manual labor in work such as herding 
livestock and tending fields.
    A system of officially sanctioned slavery, in which government and 
society joined to force individuals to serve masters, did not exist. 
However, there continued to be reports that slavery in the form of 
forced and involuntary servitude persisted in some remote areas. The 
unrecognized NGO SOS-Esclaves publicized several accounts of newly 
escaped slaves during the year. These reports, while not conclusive 
proof of the persistence of slavery, strongly suggested that slavery 
and related practices persisted mainly among a few nomadic groups and 
small villages in remote rural regions where a barter economy exists.
    Voluntary servitude also persisted, with some former slaves and 
descendents of slaves continuing to work for former masters in exchange 
for some combination of money, lodging, food, or medical care. The 
reasons for the persistence of such practices varied widely among the 
different ethnic groups; however, a barter economy, poverty, and 
persistent drought provided few economic alternatives for many and left 
some former slaves and descendents of slaves vulnerable to exploitation 
by former masters. There were reports that some former slaves in some 
sedentary communities continued to work for their former masters or 
others without remuneration to retain access to land they traditionally 
farmed. Although the law provides for distribution of land to the 
landless, including to former slaves, this law has been enforced in 
only a few cases. Deeply embedded psychological and tribal bonds also 
made it difficult for many individuals who had generations of forebears 
who were slaves to break their bonds with former masters or their 
tribes. Some persons continued to link themselves to former masters 
because they believed their slave status had been religiously ordained 
and they feared religious sanction if that bond were broken.
    Adult females with children faced greater difficulties and could be 
compelled to remain in a condition of servitude.
    There were no reported judicial cases directly related to slavery 
during the year; however, there were a few cases indirectly related to 
slavery through issues of child custody and inheritance. Human rights 
NGOs stated that the absence of such cases was attributable to judges' 
strong preference for out-of-court arbitration to avoid entering 
slavery-based allegations in the official record.
    The Commissariat for Human Rights, Poverty Alleviation, and 
Integration focused on addressing the consequences of slavery. The 
Government focused on education, literacy, and agrarian reform to 
remedy the economic consequences of slavery-related practices. However, 
the Government's record in cases in which an individual's civil rights 
were violated because of status as a former slave was poor. When 
complaints were filed with the Government that involved the detention 
of individuals against their will, the Government intervened in 
accordance with the law, although sometimes only after considerable 
pressure and time.

    d. Prohibition of Child Labor and Minimum Age for Employment.--The 
law provides that children cannot be employed before the age of 14 in 
the nonagricultural sector or under age 13 in the agricultural sector 
unless the Minister of Labor grants an exception due to local 
circumstances; however, child labor in some parts of the informal 
sector was common and a significant problem, particularly within poorer 
inner-city areas. The law states that employed children between the 
ages of 14 and 16 should receive 70 percent of the minimum wage and 
that those between the ages of 17 and 18 should receive 90 percent of 
the minimum wage. Young children in the countryside were commonly 
employed in herding, cultivation, fishing, and other significant labor 
in support of their families' activities. Young children in urban areas 
often drove donkey carts and delivered water and building materials. In 
keeping with longstanding tradition, many children served 
apprenticeships in small industries and in the informal sector. 
Reporting by some human-rights NGOs, including SOS-Esclaves, strongly 
suggested that domestic employment, often unpaid, of girls as young as 
7 in wealthier homes was a growing problem. There was no child labor in 
the modern industrial sector.
    The Government had a labor inspectorate with the authority to refer 
violations directly to the appropriate judicial authorities; however, 
these inspectors lacked the basic resources, such as transport and 
office equipment, needed to enforce existing child labor and other 
labor laws.

    e. Acceptable Conditions of Work.--The minimum monthly wage for 
adults increased to $42 (11,300 ouguiya) but was not enforced. The 
nationally mandated minimum monthly wage did not provide a decent 
standard of living for a worker and family.
    The standard, legal, nonagricultural workweek could not exceed 
either 40 hours or 6 days without overtime compensation, which was paid 
at rates that were graduated according to the number of supplemental 
hours worked. Domestic workers and certain other categories could work 
56 hours per week. The Labor Directorate of the Ministry of Labor is 
responsible for enforcement of the labor laws, but, in practice, 
inadequate funding limited the effectiveness of the Directorate's 
enforcement.
    The Ministry of Labor also is responsible for enforcing safety 
standards but did so inconsistently, due to inadequate funding. In 
principle, workers could remove themselves from hazardous conditions 
without risking loss of employment; however, in practice they could 
not.
    The law protects legal but not illegal foreign workers, and foreign 
workers could join unions.

                               __________

                               MAURITIUS

    The Republic of Mauritius is a parliamentary democracy governed by 
a prime minister, a council of ministers, and a national assembly. In 
September 2003, the Prime Minister, Sir Anerood Jugnauth, became Head 
of State, while the Deputy Prime Minister, Paul Raymond Berenger, 
became Prime Minister. The power sharing agreement was negotiated 
during the 2000 electoral season between the two coalition government 
parties, the Mauritian Socialist Movement (MSM), and the Militant 
Mauritian Movement (MMM). National and local elections, supervised by 
an independent commission, take place at regular intervals. According 
to international and local observers, the 2000 national elections were 
free and fair and resulted in a victory for the opposition MSM and the 
MMM coalition. There were numerous political parties, and politics were 
open and vigorous. The judiciary is independent.
    The Mauritius Police Force (MPF), responsible for internal 
security, includes a paramilitary Special Mobile Force. The country 
does not have a military force separate from the MPF. The Coast Guard, 
the Special Mobile Force, and police all report to the Commissioner of 
Police. The civilian authorities maintained effective control of the 
security forces. Some members of the security forces committed human 
rights abuses.
    The market-based economy consisted of labor-intensive, export-
oriented manufacturing (mainly textiles), sugar, tourism, and nascent 
financial services and information technology sectors. During the year, 
the country's population was estimated at approximately 1.2 million. In 
2003, economic growth was estimated at 4.6 percent. Wages kept pace 
with inflation.
    The Government generally respected the human rights of its 
citizens; however, there were problems in some areas. There were 
reports that police abused suspects and detainees. Unlike in the 
previous year, police did not restrict freedom of assembly. Violence 
and discrimination against women and abuse of children continued to be 
problems. There were some restrictions on the rights of workers in the 
Export Processing Zone (EPZ). Child prostitution and child labor 
occurred.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Arbitrary or Unlawful Deprivation of Life.--There were no 
reports of the arbitrary or unlawful deprivation of life committed by 
the Government or its agents.
    During the year, a prison official and seven prisoners were charged 
with manslaughter for the 2001 beating death of a man in prison. The 
trial was ongoing at year's end.
    At year's end, the judicial inquiries into the two deaths in police 
custody in 2002 were completed; however, the Director of Public 
Prosecution (DPP) had not decided whether to proceed with prosecution.

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

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The law prohibits such practices; however, there continued 
to be reports of abuses by police. For the second consecutive year, the 
National Human Rights Commission (NHRC) criticized police for continued 
allegations of brutality. The NHRC received 150 complaints through 
November, of which 24 were for alleged physical brutality by police. 
Allegations in six cases were that police beat suspects to obtain 
confessions. Additionally, the Complaints Investigation Bureau, an 
office in the Police Department, received 160 complaints against police 
involving alleged brutality or use of force during the year.
    In February, press reports alleged that three police officers 
stripped and beat a 17-year-old man at a police station after he had 
asked the officers to slow down their police car. Authorities did not 
take any action against the officers.
    Prison conditions generally met international standards, although 
there were problems in some areas. In 2003, a report by the Assistant 
Commissar of Police and the National Intelligence Unit reported that 
the Beau-Bassin Prison was home to drug trafficking, illegal betting, 
and sex commerce. In June, a daily newspaper reported that there had 
been little progress by the Prime Minister's office to improve the 
prisons since the 2003 report. Food, water, and medical care were 
available to all prisoners, and sanitation was adequate.
    On April 27, a 25-year-old prisoner of the Beau-Bassin prison 
alleged that he was beaten unconscious by members of the prison 
security squad. According to press reports, the prisoner had complained 
to prison officials about the mattress in his cell, and prison security 
forces allegedly beat him in retribution. Afterward, a short prisoner 
uprising took place, with approximately 200 prisoners refusing to eat 
dinner and re-enter their cells. Police and an internal prisons 
investigation found that no brutality took place.
    In October, a weekly newspaper alleged that officers of the 
Rehabilitation Youth Center (RYC), a halfway house for male child 
offenders, had sexually and physically abused inmates. No action 
against the officers was taken; however, an official of the Ministry of 
Social Security, which has responsibility for the center, said that the 
Ministry would put video cameras throughout the center in response to 
the abuse reports.
    During the year, 1 prisoner died in custody and 11 died in prison. 
According to the Prisons Service, all those in custody died either from 
suicide or natural causes.
    Women were held separately from men, and juveniles were held 
separately from adults. Pretrial detainees were held separately from 
convicted prisoners. HIV positive prisoners were held separately from 
the general prison population.
    The Government permitted prison visits by independent observers. 
During the year, the press, the NHRC, and international organizations 
made regular prison visits. At least one nongovernmental organization 
(NGO) was actively involved in rehabilitation of prisoners.

    d. Arbitrary Arrest or Detention.--The Constitution prohibits 
arbitrary arrest and detention, and the Government generally observed 
these prohibitions.
    The MPF is a national force headed by a Commissioner of Police who 
has authority over all security and police forces, including the 
Special Mobile Forces, a paramilitary unit that shares responsibility 
with police for internal security. Unlike in past years, there were no 
reports that the security forces were trained inadequately to prevent 
or control rioting, or to investigate violent crimes. During the year, 
the Independent Commission Against Corruption continued an 
investigation against the second in command of the Central 
Investigative Bureau for staying at a luxury hotel free of charge.
    The law requires that all arrested persons must be charged, read 
their rights, including the right to remain silent and the right to an 
attorney, and brought before the local district magistrate within 48 
hours; these rights generally were respected. The law permits a 36-hour 
detention of suspects without legal counsel; however, police in some 
cases delayed suspects' access to defense counsel. Minors and those who 
did not know their rights were more likely not to be provided prompt 
access. A suspect can be detained for up to 1 week, after which the 
issue of bail is brought before a magistrate. Alternatively, with 
agreement from police, the accused may be released on bail the same day 
as the arrest.
    The Dangerous Drugs Act allows law enforcement authorities to hold 
suspected drug traffickers for up to 36 hours without access to bail or 
legal counsel.

    e. Denial of Fair Public Trial.--The Constitution provides for an 
independent judiciary, and the Government generally respected this 
provision in practice.
    The judicial system consists of the Supreme Court, which has 
appellate powers, and a series of lower courts. Final appeal may be 
made to the Privy Council in the United Kingdom.
    The DPP determines which court hears particular cases based on the 
severity of the crime and anticipated punishment. All crimes carrying 
the death penalty or life imprisonment are sent to the Supreme Court, 
crimes of a medium level of severity are sent to the intermediate 
courts, and less serious cases are handled by the district courts.
    The Constitution provides for the right to a fair trial, and an 
independent judiciary generally enforced this right.
    There were no reports of political prisoners.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The Constitution prohibits such actions, and the 
Government generally respected these prohibitions in practice.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The Constitution provides for 
freedom of speech and of the press, and the Government generally 
respected these rights in practice and did not restrict academic 
freedom.
    The independent media were active and expressed a wide variety of 
views without restriction. More than a dozen privately owned newspapers 
presented varying political viewpoints and expressed partisan views 
freely. The Government has the ability to counter press criticism by 
using strict libel laws; however, the Government did not use these 
measures. Libel suits between private parties were common.
    Three independent, private radio stations operated during the year.
    Domestic television was government owned and is regulated. Foreign 
international news services, such as the United Kingdom's Sky News, 
France's Canal Plus, and Cable News Network, were available to the 
public by subscription.
    The Government did not restrict 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. Police permission is 
required for demonstrations and mass meetings, but such permission was 
not refused during the year.

    c. Freedom of Religion.--The Constitution provides for freedom of 
religion, and the Government generally respected this right in 
practice.
    Religious organizations and faiths that were present in the country 
prior to independence, such as the Roman Catholic Church, the Church of 
England, the Presbyterian Church, the Seventh-day Adventists, Hindus, 
and Muslims, receive a lump-sum payment every year from the Ministry of 
Finance based upon the number of adherents, as determined by a 10-year 
census. Newer religious organizations (which must have a minimum of 
seven members) were registered by the Registrar of Associations and 
were recognized as legal entities with tax-free privileges. No groups 
were refused registration.
    Underlying tensions between various ethnic and religious groups 
persisted, but there were no violent confrontations during the year. 
Some ethnic minorities, particularly those of Creole and Muslim 
background, alleged that within the upper echelons of the civil 
service, a glass ceiling prevented them from promotion to the higher 
levels of government.
    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 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, but the Government 
did not grant refugee status or asylum on the grounds that the country 
was small, had limited resources, and did not wish to become a haven 
for large numbers of 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.
    According to international and local observers, national elections 
held in 2000 were free and fair. The opposition MSM/MMM federation 
defeated the governing Labor Party/Parti Mauricien Xavier Duval 
coalition.
    In September 2003, the President, Sir Anerood Jugnauth, who 
formerly served as Prime Minister, became Head of State, while Paul 
Raymond Berenger, who formerly served as Deputy Prime Minister, became 
Prime Minister. In accordance with the Constitution, the President is 
nominated by the Prime Minister and confirmed by the National Assembly. 
Prime Minister Berenger assumed his position as part of a power-sharing 
agreement negotiated in 2000 between the two parties of the ruling 
coalition, the MSM and the MMM. The agreement stipulated that the 
leader of the MSM would lead the Government for the first 3 years of 
the 5-year term, after which the head of the MMM would take over as 
Prime Minister, and the MSM leader would become President. This 
transition occurred on schedule in 2003, making Berenger the first 
Christian, non-Indian-descent head of government since independence.
    In 2002, the island of Rodrigues successfully held its first 
elections for a regional elected assembly. The creation of the assembly 
was a first step toward a decentralized and autonomous island of 
Rodrigues. The assembly worked with the central Government in 
controlling funds for Rodrigues.
    Although historically the Hindu majority dominated politics, there 
were no groups that were excluded from the political system.
    There was a public perception that corruption existed in the 
legislative and executive branches. The law provided for access to 
government information, and the Government generally complied with 
requests.
    There were 4 women in the 70-seat National Assembly, and there was 
1 female minister in the 24-member Cabinet.
    Candidates for the National Assembly were required to identify 
themselves with one of four distinct ethnic groupings--Hindu, Muslim, 
Sino-Mauritian, or general population. For these purposes, ``general 
population'' was the category used to describe primarily the Creole and 
Franco-Mauritian communities. Based on these 4 categories, the 70-seat 
National Assembly had 37 Hindus, 21 members of the general population, 
11 Muslims, and 1 Sino-Mauritian, and among the 24 members of the 
Cabinet, there were 16 Hindus, 3 Muslims, and 1 Sino-Mauritian. In 
November, one minister from the general population category resigned 
because of political disagreements with the Prime Minister, thus 
reducing the general population number in the Cabinet to four members.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    A number of domestic and international human rights groups 
generally operated without government restriction, investigating and 
publishing their findings on human rights cases. Government officials 
were cooperative and responsive to their views.
    The NHRC investigated complaints of human rights abuses and was 
composed of a commissioner, who must be a former Supreme Court judge, 
and three other members, one of whom must be a lawyer or a judge with 
10 years of experience, and two of whom must have experience in the 
human rights field. The NHRC is authorized to investigate abuses by any 
public servant, but it could not investigate complaints that were 
already the subject of an inquiry by the DPP, the Public Service 
Commission, or the Disciplined Forces Service Commission. The NHRC had 
the authority to visit centers of detention or prisons and to assess 
and make recommendations on conditions. The NHRC tries to resolve 
complaints through conciliation, but if that is not successful, it can 
forward cases to the DPP (if criminal in nature), to the service 
commissions, or to the responsible authority in question. During the 
year, the NHRC received 24 complaints of police brutality (see Section 
1.c.).
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The Constitution specifically prohibits discrimination on the basis 
of race, caste, place of origin, political opinion, color, or sex, and 
the Government generally enforced these provisions. Some societal 
discrimination occurred.

    Women.--The law criminalizes domestic violence and provides the 
judicial system with power to combat this problem; however, in 
practice, domestic violence against women, particularly spousal abuse, 
was a problem. Many victims chose not to prosecute or report their 
attacker, presumably due to cultural pressures. In June, the Ministry 
of Women's Rights, Child Development, and Family Welfare, in 
collaboration with the Ministry of Health, released a guide for medical 
practitioners to help identify victims of family violence. In 2001, the 
NGO SOS Femmes reported that 84 percent of the women surveyed said they 
were victims of physical abuse.
    The law criminalizes the abandonment of one's family or pregnant 
spouse for more than 2 months, the nonpayment of court-ordered food 
support, and sexual harassment; however, many women remained in abusive 
situations for fear of losing spousal financial support. A magistrate 
can order a spouse to pay child support, but there were reports that 
some spouses stopped working to avoid payment.
    Although specific laws make rape illegal, including spousal rape, 
it was a problem.
    Prostitution is illegal; however, there were reports of 
prostitution during the year.
    Traditionally, women have played subordinate roles in society, and 
societal discrimination continued; however, women had access to 
education, employment, and government services.
    In October, a report sponsored by the United Nations Development 
Program (UNDP) and prepared by Global Women Business Leaders found that 
women were underrepresented in board membership and the decision-making 
level in the private sector; the report suggested steps to improve the 
situation, but no remedial steps had been taken by year's end.
    The Sex and Discrimination Act affords women broadly defined wage 
protections, and the law was generally respected in practice.
    In the agricultural sector, the law protects women from being 
forced to carry loads above certain weight limits; however, 
remuneration was determined by the amount that one was able to carry 
during a period of time. As a result, women working in agriculture were 
often paid less than men because they carried loads that weighed less.

    Children.--The Government placed strong emphasis on the health and 
welfare of children and displayed a commitment to expand educational 
opportunities for children. In 2003, the Government created an 
Ombudsman for Children's Issues and made the position responsible for 
ensuring that the rights, needs, and interests of children are given 
full consideration by government, private authorities, individuals, and 
associations.
    Education is tuition free and compulsory until the age of 12. Books 
are free for primary school, but not for secondary school. Those 
parents that could not afford books could apply to the Government for 
an exemption and receive books free of charge. According to the 
Ministry of Education, in 2003, attendance at the primary level was 
nearly 100 percent, but only 68 percent at the secondary level. The 
majority of children finished a secondary level of education. Girls and 
boys were treated equally at the primary, secondary, and post-secondary 
levels.
    The Government provided full medical care for children.
    Under the law, certain acts compromising the health, security, or 
morality of a child are crimes; however, the Government was unable to 
enforce complete compliance with the law. During the year, the Child 
Development Unit received 3,141 reports of child abuse. Of this figure, 
there were 148 cases of parental physical abuse, 78 cases of 
intercourse with minors (under age 16), and 48 cases of physical abuse 
by nonfamily members. Private voluntary organizations claimed that the 
problem was more widespread than was acknowledged publicly. The state-
funded National Children's Council and the Ministry of Women's Rights, 
Family Welfare, and Child Development administered most government 
programs. Both provided counseling, investigated reports of child 
abuse, and took remedial action to protect affected children.
    Under the law, children involved in child pornography and 
prostitution are offered social aid, while adult offenders are 
prosecuted; however, child prostitution was a problem, and the 
Government targeted child prostitution as a top law enforcement and 
prevention priority. The Government continued a 5-year action plan to 
combat child prostitution. The Ministry of Women, Child Development, 
and Family Welfare ran a hotline for reporting cases of child 
prostitution. Some NGOs formed regional awareness networks and 
developed training materials for educators. For example, in July, 
Soroptimist International initiated a pilot project in two colleges 
aimed at preventing child commercial sexual exploitation. There was a 
Drop-in Center where child victims of sexual abuse and exploitation 
could be rehabilitated.

    Trafficking in Persons.--The law prohibits trafficking in children, 
but it does not specifically mention trafficking in adults; in 
addition, a study commissioned in 2002 by the Ministry of Women, 
Development, and Family Welfare, UNDP, and the University of Mauritius 
estimated that there were approximately 2,600 child prostitutes in the 
country (see Section 5, Children).

    Persons With Disabilities.--There was no overt discrimination in 
employment, education, or in the provision of other state services 
against persons with disabilities, including mental disabilities; 
however, the law did not require that work sites be accessible to 
persons with disabilities, making it difficult for persons with 
disabilities to fill many jobs, and there was no law mandating access 
to buildings for persons with disabilities. The law requires 
organizations that employ more than 35 persons to set aside at least 3 
percent of their positions for persons with disabilities.
Section 6. Worker Rights
    a. The Right of Association.--The Constitution explicitly protects 
the right of workers to associate in trade unions, and there was an 
active trade union movement. Approximately 350 unions represented 
115,000 workers. Many unions were small, having fewer than 1,000 
members, and 10 major labor federations served as umbrella 
organizations for these smaller unions. With the exception of police, 
the Special Mobile Force, and persons in government services who were 
not public officers, workers were free to form and join unions and to 
organize in all sectors, including in the EPZ.
    The Mauritian Labor Congress (MLC) asserted that union membership 
was low in the EPZ in part because employers in the EPZ intimidated 
employees and restricted access to union organizers (see Section 6.b.).

    b. The Right to Organize and Bargain Collectively.--The law 
protects the right of employees to bargain collectively with their 
employers, and workers exercised this right. The National Remuneration 
Board (NRB), whose chairman was appointed by the Minister of Labor, set 
minimum wages for nonmanagerial workers. Most unions negotiated wages 
higher than those set by the NRB. Approximately 13 percent of the labor 
force worked for national or local government.
    The law provides for the right to strike, and workers exercised 
this right in practice. However, the Industrial Relations Act (IRA) 
requires a 21-day cooling-off period, followed by binding arbitration; 
in practice, this had the effect of making most strikes illegal. The 
Government has 21 days to respond to any labor dispute referred to the 
Ministry of Labor. If the Government does not respond within 21 days by 
referring the case either to the Permanent Arbitrary Tribunal or to the 
Industrial Relations Commission, the proposed strike can be carried 
out. The IRA states that worker participation in an unlawful strike is 
sufficient grounds for dismissal, but workers may seek remedy in court 
if they believe that their dismissals are unjustified. The IRA grants 
the Prime Minister the prerogative to declare any strike illegal if he 
considers that it ``imperils the economy.''
    National labor laws covered EPZ workers; however, only 10 percent 
of EPZ workers were unionized. There are some EPZ-specific labor laws, 
including the provision for 10 hours per week of mandatory paid 
overtime at a higher wage than for ordinary working hours. Some 
employers reportedly established employer-controlled work councils for 
workers in the EPZ, effectively blocking union efforts to organize at 
the enterprise level. Approximately 70,000 persons worked in the EPZ.

    c. Prohibition of Forced or Compulsory Labor.--The law prohibits 
forced or compulsory labor outside the EPZ, including by children, and 
there were no reports that such practices occurred. Labor laws that 
cover the EPZ allow for 10 hours of compulsory overtime a week and 
compulsory work on public holidays, although at a higher hourly wage.
    According to the International Labor Organization's Committee of 
Experts, the Merchant Shipping Act contains provisions that were not 
compatible with international standards regarding forced labor. Certain 
breaches of discipline, such as by seamen, were punishable by 
imprisonment.

    d. Prohibition of Child Labor and Minimum Age for Employment.--The 
law prohibits the employment of children under age 15 and limits the 
employment undertaken by youth between ages 15 and 18; however, while 
the Government generally respected this law in practice, there were 
problems with child labor. According to the law, the penalties for 
employing a child are a fine of no more than $72 (2,000 rupees) and a 
term of imprisonment not to exceed 1 year.
    According to the Ministry of Women's Rights, Child Development, and 
Family Welfare, 1,600 children between the ages of 12 and 14 were 
employed or looking for work in 2000. Child labor in homes, on farms, 
and in shops was common on the island of Rodrigues.
    Children unable to attend secondary school often sought 
apprenticeships in the trades. Vocational schools trained students who 
failed the primary education certificate exam at the end of the 6th 
year of primary education.
    The Ministry of Labor is responsible for the enforcement of child 
labor laws and the investigation of reports of child labor abuses, and 
in practice, conducted frequent inspections. The Ministry employed 45 
inspectors to investigate all reports of labor abuses, including those 
of child labor. During the year, there were 19 cases of child labor 
reported.

    e. Acceptable Conditions of Work.--The Government administratively 
established minimum wages, which varied according to the sector of 
employment, and mandated that the minimum wage rise each year based on 
the inflation rate. The minimum wage for an unskilled worker in the EPZ 
was $14 (398 rupees) per week, while the minimum wage for an unskilled 
factory worker outside the EPZ was approximately $20 (550 rupees) per 
week. These wages did not provide a decent standard of living for a 
worker and family, but the actual market wage for most workers was much 
higher due to a labor shortage and collective bargaining. Minimum wages 
for employees in the distributive trade and catering sector were 
increased about 20 percent during the year. The standard legal workweek 
in the industrial sector was 45 hours. According to the MLC, 10 hours 
of overtime a week is mandatory at certain textile factories in the EPZ 
(see Section 6.b.).
    The Government set health and safety standards, and Ministry of 
Labor officials inspected working conditions and ensured compliance 
with the law; however, the small number of inspectors limited the 
government's enforcement ability. Inspections were announced and 
unannounced. Voluntary employer compliance with safely regulations 
helped reduce the number of occupational accidents, with the Ministry 
of Labor reporting a general trend downward in the number of industrial 
accidents over the past 10 years. During the year, there were 652 
occupational accidents, 21 of which were fatal. In 2003, there were 25 
fatalities. Workers had the right to remove themselves from dangerous 
situations without jeopardizing their continued employment, and they 
did so in practice.
    In March, an amendment to the Labor code raised the penalty for 
workers who are abused, assaulted, threatened, or subjected to other 
offensive behavior in the workplace from $72 (2,000 rupees) to $2700 
(75,000 rupees) and imprisonment not exceeding 2 years.
    Since foreign workers often did not speak English, French, or 
Creole, it was difficult for them to demand their rights, which were 
the same as those of citizen employees, including the right to belong 
to a union. Illegal foreign workers, when identified, were deported.

                               __________

                               MOZAMBIQUE

    Mozambique is a republic with a constitutional government, headed 
by President Armando Guebuza who was elected in December in generally 
free and fair elections that were marred by some irregularities. The 
irregularities did not affect the outcome of the presidential election, 
but did result in the opposition losing two or three seats in the 
National Assembly. The Front for the Liberation of Mozambique (FRELIMO) 
won 160 seats in the 250-seat National Assembly, and the opposition 
coalition of the Mozambique National Resistance-Electoral Union 
(RENAMO-UE) won the remaining 90 seats. FRELIMO has ruled the country 
since independence in 1975, dominating both policymaking and 
implementation. The Constitution provides for an independent judiciary; 
however, the executive branch dominated the courts. The courts lacked 
adequate resources, were chronically understaffed, susceptible to 
corruption, and largely ineffectual.
    The forces responsible for internal security under the Ministry of 
Interior (MOI) include: The Criminal Investigation Police (PIC), the 
Mozambican National Police (PRM), and the Rapid Intervention Force 
(FIR). The political opposition claimed that the FIR operated in 
support of the ruling party. An additional security body, the State 
Information and Security Service (SISE), reports directly to the 
President. The military, which is responsible for both internal and 
external security, continued to suffer from lack of funds. While 
civilian authorities generally maintained effective control of the 
security forces, there were some instances in which members of the 
security forces acted independently of government authority. Members of 
the security forces committed serious human rights abuses.
    The economy was market-based and gross domestic product growth for 
2003 was approximately 7 percent. The country had a population of 
approximately 18.5 million. Nearly 80 percent of the workforce was 
employed in agriculture, mostly on a subsistence level; however, high 
unemployment and underemployment in the formal and informal sectors 
continued. The poverty rate fell from 69 percent in 1996 to 54 percent 
during the year; however, food insecurity continued in many regions due 
to poor climactic conditions. The industrial and agricultural minimum 
wage kept pace with inflation; however, the wages of most salaried 
workers--such as police, teachers, and government workers--did not keep 
pace with inflation.
    Corruption continued to be a problem in the public and private 
sectors; however, the Government took steps to address it during the 
year. HIV/AIDS had a growing impact on the economy, particularly in the 
depressed port city of Beira, where prevalence reached 30 percent.
    The Government's human rights record remained poor; although there 
were some improvements in a few areas, serious problems remained. 
Police continued to commit numerous abuses, including unlawful 
killings, beatings in custody, and arbitrary arrests and detentions. 
Prison conditions remained extremely harsh and life threatening; 
several prisoners died due to the harsh conditions. Despite efforts to 
clear long-standing case backlogs, prison overcrowding was widespread 
and lengthy pretrial detention was common. Police harassed and 
arbitrarily detained journalists. The Government at times infringed on 
freedom of movement. Domestic violence against women, as well as 
widespread discrimination against women in employment and property 
rights, remained significant problems. The abuse and criminal 
exploitation of street children, including child prostitution, 
continued in urban areas. Trafficking in women and children was a 
problem. Discrimination against persons with disabilities and child 
labor remained problems.
                        respect for human rights
Section 1. Respect for 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 during 
the year; however, there continued to be reports of unlawful killings 
by security forces.
    In March, police in Matola shot and killed two young men who were 
suspected of being car thieves. Police had not announced by year's end 
whether they were investigating the incident.
    The Mozambican League of Human Rights (LDH) released a report in 
2003 that alleged that from 2000 to 2002, the police continued to 
harbor ``squadrons of death'' that were responsible for summary 
executions and operated with impunity. The report cites activities in 
the Maputo suburbs of Matola Rio, Boane, and Costa do Sol.
    In May, LDH reported that at the maximum-security jail in Beira, 
Sofala Province, police shot and killed a prisoner, Mjdane Pedro, while 
he was allegedly trying to escape. In a separate incident, three other 
prisoners--Tom Daimone, Thimba Machava and Faustino Silva--were shot 
and killed for disobeying prison authorities. All four cases were under 
official investigation by provincial authorities at year's end.
    No action was taken against the guard who in March 2003 transferred 
three inmates into a smaller cell in Mogovolas district; the inmates 
died of suffocation.
    In January, police declined to initiate a formal investigation into 
the shooting death of four persons detained in a police station in the 
southern city of Matola in November 2003. The situation in Montepuez 
remained tense because the Government refused to reveal publicly the 
names of the more than 100 detainees who were jailed for participating 
in a RENAMO protest march and subsequently died of asphyxiation in 
2000.
    Unlike the previous year, there were no reports that police killed 
persons during demonstrations.
    In September 2003, members of the Community Police shot and killed 
13-year-old Aderito Francisco Cumbe in the Maputo neighborhood of T3. 
According to the police, random bullets hit the boy when the police 
were trying to scare away persons who had raided a house.
    Extremely harsh prison conditions, often leading to serious 
illness, continued to result in the deaths of several persons in 
custody (see Section 1.c.).
    The Government continued to cooperate with international 
organizations in de-mining efforts to remove the hundreds of thousands 
of mines planted between 1960 and 1990. The National De-mining 
Institute (IND) recorded 6 deaths resulting from landmine accidents in 
2003, although IND believes the figure may not be accurate due to the 
difficulty in gathering data nationwide. During the year, there were 3 
mine-related deaths and 25 mine casualties were reported to IND, the 
majority in Sofala province. Representatives of several nongovernmental 
organizations (NGOs) working in the de-mining field believed that IND's 
data collection was inadequate, and that the actual death and casualty 
numbers were at least twice as high as reported.
    The slow progress in the investigation into the 2001 killing of the 
Banco Austral manager Antonio Siba-Siba Macuacua continued to receive 
widespread media coverage as an example of the difficulty of 
confronting corruption. Press reports have linked high-level government 
officials to the case. The PIC continued to investigate the crime, but 
no charges were filed by year's end.
    Occasional mob and vigilante killings continued in both urban and 
rural areas due to general public frustration with the rising incidence 
of crime. During the year, mob violence resulting in the deaths of 
suspected criminals was reported throughout the country. On October 23, 
an angry crowd in the small town of Maxixe, Inhambane attacked the home 
of two brothers suspected of murdering a local businessman. After 
intervention by the police, the crowd was dispersed without any 
fatalities taking place. On November 10, a mob in Maxixe reportedly 
with many of the same individuals attacked the house of a local 
businessman, under the pretense that he was involved in trafficking in 
body parts. Police killed two individuals and wounded several others 
during a shootout with the mob.

    b. Disappearance.--There were no reports of politically motivated 
disappearances.
    Unlike in the previous year, no criminal suspects disappeared and 
there were no reports that armed RENAMO members kidnapped members of 
FRELIMO.

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The Constitution expressly prohibits such practices; 
however, police continued to commit serious abuses, and torture, 
beatings, death threats, physical and mental abuse, and extortion 
remained problems. During the year, human rights advocates reported 
complaints of torture, including several instances involving the sexual 
abuse of women, beating, illegal detention, and death threats.
    There were reports that police abused prostitutes and street 
children (see Section 5).
    Political party members attacked and beat members of other 
political parties during the year (see Section 3).
    Prison conditions were extremely harsh and life threatening.
    Two National Directorates of Prisons (DNPs), one under the Ministry 
of Justice (MOJ) and the other under the MOI, operated prisons in all 
provincial capitals. Approximately 7,180 detainees were held in jails 
and prisons administered by the MOJ during the year. Most prisoners 
received only one meal per day, consisting of beans and flour. It has 
been customary for families to bring food to prisoners; however, there 
were occasional reports that guards demanded bribes in return for 
allowing the delivery of food to the prisoners.
    There continued to be many deaths in prison, the vast majority due 
to illness and disease; however, some prisoners reportedly died from 
poisoning during the year. In a series of prison visits conducted in 
2003 and during the year, the LDH found many health problems among 
prisoners due to overcrowding and poor to non-existent medical care. 
Healthy prisoners and sick prisoners were regularly kept in the same 
cells; in Nampula, prisoners suffering from skin diseases, malaria, and 
tuberculosis were kept together with healthy prisoners.
    Overcrowding in prisons was a serious problem. In September, in 
Maputo Central Prison the LDH found there were 2,538 detainees in a 
facility built for 800. In Gondola, Manica Province, and in Moatize, 
Tete Province, the two jails visited were holding twice as many as the 
facilities were meant to hold. Beira Central Prison received a large 
amount of negative publicity during the year, including reports that it 
had more than 700 inmates housed in a facility built for 120 and 
significant health problems, including the spread of HIV through 
unwanted sexual encounters.
    The Penal Code stipulates that the legal minimum age for detention 
is 16 years; however, in a visit conducted in January by LDH to Maputo 
Central Prison and Maputo Civil Jail, the LDH found at least three 
cases of minors in detention awaiting trial for petty crimes, some for 
more than a year. LDH considered this to be typical of prisons across 
the country.
    MOI and MOJ facilities, while separate, often were connected 
physically. Military and civilian prisoners were held in the same 
prisons.
    Women were held in separate areas of prisons from men. Prisons 
occasionally housed young children, usually infants, brought there by 
mothers sentenced for long periods when no other caregivers were 
available. There were documented reports that minors under the age of 
16 were housed with adults in the general population.
    In MOI facilities, detainees who had not yet been charged were held 
with prisoners sentenced for serious offenses that specify maximum 
security. In MOJ facilities, detainees who had been charged but not yet 
tried were held with prisoners who had been tried and sentenced to 
prison for relatively minor cases where moderate security imprisonment 
was deemed sufficient.
    International as well as domestic human rights groups may have 
access to prisoners at the discretion of the MOJ and MOI; however, 
officials sometimes cited unsanitary conditions or security risks as 
reasons to delay or cancel visits. During the year, the LDH visited 
several jails and prisons in the Maputo area and in the provinces. 
During the year, the National Assembly's Legal Affairs Committee and a 
group of local lawyers conducted separate visits to prisons in Beira 
and Maputo.

    d. Arbitrary Arrest or Detention.--The Constitution prohibits 
arbitrary arrest and detention; however, in practice the police 
continued to arbitrarily arrest and detain citizens.
    The police were poorly paid, received no raises during the year 
despite 13 percent inflation, and lacked professionalism. Corruption 
extended throughout the ranks, and police used violence and detention 
to intimidate persons from reporting abuses. Police reportedly extorted 
money from street vendors, many of whom were widowed or divorced women, 
sometimes beat the women and stole their merchandise. The investigative 
unit of the police, the PIC, was often criticized for impeding criminal 
investigations.
    Security officials often detained persons for spurious reasons and 
demanded identification documents, which must be carried by citizens at 
all times, for the sole reason of extorting payments (see Section 
2.d.). Many victims chose not to seek police assistance because of 
police demands for bribes or a lack of confidence that the police would 
help. Increased human rights awareness campaigns broadcast on national 
television by the anti-corruption NGO Etica have resulted in a 
perception that such cases are decreasing.
    Professional training for new police officers increased during the 
year; approximately 500 officers from across the country received human 
rights training.
    Under the Penal Process Code, only persons caught in the act of 
committing a crime can be held in detention; however, this provision 
was seldom enforced. Under the law, the maximum length of investigative 
detention is 48 hours, during which a detainee has the right to 
judicial authorities review of the case, after which the detainee can 
be detained up to another 60 days while the case is investigated by the 
PIC. In certain cases where a person is accused of a very serious 
crime, detainees may be held up to 252 days. The law provides that if 
the prescribed period for investigation has been completed, and no 
charges have been brought, the detainee must be released. However, MOJ 
officials noted that some police lacked adequate training and did not 
know how to charge a person properly. In many cases, the authorities 
either were unaware of regulations or ignored them, often also ignoring 
a detainee's constitutional right to counsel and to contact relatives 
or friends.
    The bail system remained poorly defined, and prisoners, their 
families, and NGOs continued to complain that police and prison 
officials demanded bribes to release prisoners.
    The Supreme Court Commission for Strengthening of the Law tried to 
address the problem of overcrowding of jails and prisons by proposing a 
series of measures, including conversion of sentences to fines and 
suspension of sentences for those charged with crimes with maximum 
sentences of less than 2 years of jail. However, many public figures 
suspected that certain criminals might benefit from these changes by 
bribing judges in lieu of paying fines or serving sentences. The 
Commission's recommendations have not yet been implemented, but are 
supposed to be considered by both the National Assembly and the 
Attorney General's office in early 2005.
    There were several reports that police harassed and arbitrarily 
detained journalists (see Section 2.a.).
    There were reports that detainees spent longer in pretrial 
detention than the sentence they received. The law provides suspects 
with the right to be brought before a magistrate within 48 hours of 
being detained; however, this often was not enforced. In June 2003, 
members of the National Assembly's Legal Affairs Committee reported 
that four detainees had been held for more than 4 years and another 
four for more than 5 years without their detention ever having been 
formalized. The parliamentary committee also found that 33 inmates had 
been held illegally for periods in excess of 2 months without being 
brought before a magistrate.
    Due to lack of resources, Maputo city judicial authorities stopped 
holding expedited trials at the central prison and the top security 
prison. The expedited trials had previously been done in an effort to 
reduce overcrowding and prolonged pretrial detention.

    e. Denial of Fair Public Trial.--The Constitution provides for an 
independent judiciary; however the executive, and by extension the 
FRELIMO party, continued to dominate the judiciary, which was 
understaffed and managed by inadequately trained appointees. The 
judicial system suffered from a lack of transparency and often did not 
act in compliance with the principles of promotion and protection of 
human rights. Of the 128 districts in the country, only 92 had 
functioning courts, leaving the remainder with no formal courts at the 
district level.
    Although salaries for judges and court staff were increased in 2003 
in an effort to combat corruption, bribe-taking, chronic absenteeism, 
unequal treatment, deliberate delays and omissions in handling cases 
continued to be problems during the year. The Anti-Corruption Unit 
(UAC) in the Attorney General's office reported that there were 116 
reports of allegedly corrupt acts, primarily accepting bribes from 
defendants and siphoning public funds, by judges and government 
officials in 2003. In 2003, only three persons were brought to trial in 
such cases and none were found guilty.
    Justice Mario Mangaze, the President of the Supreme Court, presided 
over the Higher Judicial Magistrates' Council (CSMJ), the body 
responsible for overseeing professional behavior among magistrates, 
which in 2003 initiated 21 disciplinary proceedings against 9 judges 
and 12 law officers. Disciplinary action by CSMJ reportedly decreased 
during the year. CSMJ regulations allow judges who have been accused of 
misconduct to appeal decisions and also provides for the immediate 
removal of judges whose appeal is denied.
    The President of the Republic appoints the president and vice 
president of the highest tribunal, the Supreme Court. Supreme Court 
nominations initially are prepared by CSMJ, which submits a list of 
qualified potential Supreme Court nominees to the President. CSMJ 
members are elected by their peers: Four are elected by the National 
Assembly and two are appointed by the President; members tended to be 
either FRELIMO members or FRELIMO-affiliated. No National Assembly 
approval is needed for other judicial appointments, which are also 
appointed by the President.
    There are two complementary formal justice systems: The civil/
criminal system and the military system. The Supreme Court administers 
the civil/criminal system and the Ministry of National Defense 
administers the military courts. Civilians are not under the 
jurisdiction of, or tried in, military courts. The Supreme Court also 
hears appeals, including military cases. Below the Supreme Court there 
are provincial and district courts. There are appeals courts in all 
provinces; however, few of these courts were staffed by formally 
trained judges. There also are courts that exercise limited, 
specialized jurisdiction, such as the administrative court, the customs 
court, and the maritime court. A Constitutional Council was charged 
with determining the constitutionality of laws and decrees, supervising 
the electoral process, declaring and validating electoral results, and 
ruling on electoral disputes. Persons 16 years and younger fall under 
the jurisdiction of a court system for minors, and the Government can 
send minors to correctional, educational, or other institutions. As 
with the provincial and district courts, the specialized and minor 
court systems were ineffective due to a lack of qualified 
professionals.
    Persons accused of crimes against the Government were tried 
publicly in regular civilian courts under standard criminal judicial 
procedures. A judge may order a closed trial because of national 
security interests or to protect the privacy of the plaintiff in cases 
concerning sexual assault. The Supreme Court has original jurisdiction 
over Members of Parliament and other persons who are immune from trial 
in the lower courts.
    In regular courts, all accused persons in principle are presumed 
innocent and have the right to legal counsel and appeal; however, 
authorities did not always respect these rights. Although the law 
specifically provides for public defenders, such assistance generally 
was not available in practice, particularly in rural areas, and most 
citizens were unaware of this right and did not possess the means to 
obtain any form of legal counsel. A study by the University of Eduardo 
Mondlane, released in December, indicated that 90 percent of the 2,700 
prisoners in Machava Prison (Maputo Province) did not have access to 
legal counsel. Some NGOs continued to offer limited legal counsel at 
little or no cost to both defendants and prisoners.
    Although there was a 30 percent increase in the number of attorneys 
in the country over the past 2 years, the increase in young attorneys 
was not sufficient to address the immediate need for qualified judges 
and other judicial personnel. Of the 186 judges nationwide, fewer than 
50 had law degrees, even though the law requires it.
    Outside the formal court system, a number of local customary courts 
and traditional authorities adjudicated matters such as estate and 
divorce cases. These courts were staffed by respected local arbiters 
who had no formal training but who exercised a substantial judicial and 
executive role.
    There were no confirmed reports of political prisoners; however, 
RENAMO continued to claim that all persons held in connection with the 
2000 nationwide demonstrations were political prisoners, and continued 
to consider those convicted and sentenced also to be political 
prisoners.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The Constitution prohibits such actions, and the 
Government generally respected these prohibitions in practice; however, 
opposition party members alleged that government intelligence services 
and ruling party activists monitored telephone calls, conducted 
surveillance of their offices, followed the movements of opposition 
members, used informants, and attempted to disrupt party activities in 
certain areas of the country such as Montepuez and Nampula provinces. 
By law, police need a warrant to enter homes and businesses, and also 
to monitor telephone calls.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The law provides for freedom of 
speech and of the press; however, in practice there were some 
restrictions on these rights. Police harassed and arbitrarily detained 
journalists; however, unlike in previous years, there were no reports 
of violence against journalists. Journalists generally practiced self-
censorship regarding politically sensitive issues.
    There were five independent weekly newspapers published in Maputo 
and six other independent weekly journals published in provincial 
capitals. Only a small minority of the population received news 
directly through the print media.
    The daily newspapers Noticias and Diario de Mocambique, and the 
weekly newspaper Domingo, largely reflected the views of the ruling 
party; however, these media sources also demonstrated a willingness to 
critically examine government actions. For example, in June and July, 
all of these newspapers provided extensive coverage of the Government's 
conflict with a group of retirees over an extended dispute over 
pensions. Nonetheless, many observers believed that these newspapers 
focused more on highlighting government projects and accomplishments, 
especially near elections.
    Government stations were the only broadcasters capable of 
countrywide transmission; however, there were local and independent 
broadcasts in most urban areas, and the number of radio stations 
increased markedly during the year. Government media continued to show 
greater transparency in reporting and some independence of editorial 
content. Radio Mozambique, the public's most widely broadcast source of 
information, is government-owned; however, its news coverage generally 
was considered unbiased and fair. Radio Mozambique regularly broadcast 
public debates on key issues that included a variety of participants 
with differing opinions.
    In addition to Radio Mozambique, there were 43 community-based, 4 
religious, and 16 commercial private radio stations, most of which used 
local languages in addition to Portuguese and which covered most of the 
country. This reflects a nearly 200 percent increase in community-based 
radio and a significant increase in commercial radio during the year.
    TV Mozambique (TVM) continued to demonstrate strong bias towards 
the Government. For example, in July TVM refused to broadcast nine 
commercials already paid for by author Bernabe Ncomo, who had written a 
book that contradicted the official FRELIMO version of history 
regarding the independence struggle. TVM returned the money to Ncomo, 
alleging that the commercial contained political campaign messages; 
however, the newspaper Savana later published the text of the 
commercial that appeared to have no political content.
    Portuguese Television for Africa (RTP Africa), a station owned by 
the Government of Portugal, also transmitted throughout the country. 
Privately owned television transmission continued to be limited to 
Maputo.
    International media were allowed to operate freely; however, they 
were comprised mostly of broadcast media. Foreign radio programs 
reached all major population centers and reported local news via local 
part-time reporters. The British Broadcasting Company (BBC) and the 
Radio Difusao Portugal (RFI) carried news in Portuguese but broadcast 
most of the day in English and French, respectively. The only 
international print medium operating was LUSA, the Portuguese News 
Agency. International television news was available via cable in Maputo 
and via satellite nationwide.
    Police and other officials harassed and arbitrarily detained 
journalists during the year. For example, on May 1, the district 
administrator in Mocuba, Zambezia Province, indefinitely suspended 
Oliveira Malei, a reporter and newsreader from Licunga Community Radio, 
for criticizing both the poor state of roads in Mocuba and the town's 
funeral services. Malei was compulsorily transferred to the Zambezian 
provincial capital, Quelimane, where he was confined in an abandoned 
storehouse. A reporter from the newspaper Noticias visited Malei in 
confinement and reported he had malnutrition and malaria.
    While criticism of the President was not prohibited, the law 
provides that in cases of defamation against the President, truth is 
not a sufficient defense. This law was not tested in court during the 
year and the provision was not invoked, despite considerable verbal and 
written criticism of the President.
    No libel charges were filed against any news medium during the 
year.
    In January 2003, six men, led by Anibal Dos Santos Jr., commonly 
known as ``Anibalzinho,'' were sentenced to prison terms ranging from 
23 to 28 years for the 2000 execution-style shooting of Carlos Cardoso, 
an investigative journalist who was the founder and editor of the news 
fax agency Metical.
    On May 9, Anibalzinho escaped from prison for the second time in 
less than a year and was later found in Canada. All local and 
international media outlets--print, television, and radio--covered the 
Anibalizinho case closely during the year. Most news outlets also 
covered the politically sensitive link between Anizbalzinho and 
Nyimpine Chissano, the President's son, who many alleged was connected 
to the Cardoso case. In December, the Canadian Government decided to 
deport Anibalizinho in early 2005. On December 16, the Supreme Court 
decided to declare a re-trial of Anibalizinho, a decision that 
effectively re-opens the unresolved Cardoso case. All the major news 
outlets in the country reported this situation in detail.
    The media reported freely on the voter registration process, with 
special attention paid in September to first-time registration of 
voters outside the country. Media coverage of the presidential election 
campaign was widely considered to be more even-handed than during the 
previous presidential election in 1999, even among the government-
aligned media outlets. Minor party candidates received regular daily 
coverage along with the major candidates from FRELIMO and RENAMO. 
Despite this, RENAMO has made many complaints about TVM's campaign 
coverage being biased. Journalists were able to cover the campaign and 
the two election days without substantial difficulty.
    The Government did not limit access to the Internet, and a growing 
number of Internet service providers operated during the year.
    The Government generally did not restrict academic freedom; 
however, there were reports that teachers at the university, secondary, 
and primary school level felt compelled to lead campaign activities for 
FRELIMO, particularly in the central and northern provinces. Many 
teachers were asked to teach children the FRELIMO campaign song in 
school rather than the national anthem. There were also reports of 
teachers in secondary and primary school not being hired because of 
their known political affiliations.
    In August, after Eduardo Namburete, dean of the communication 
school and press officer for the state-run University of Eduardo 
Mondlane, declared that he would work for the opposition party RENAMO 
in the election campaign, he was forced by university administrators to 
step down from his position as head of the communication school and the 
press office, but retained his status as a professor at the university. 
In December, Namburete was elected to the National Assembly as a RENAMO 
parliamentarian.

    b. Freedom of Peaceful Assembly and Association.--The Constitution 
provides for freedom of assembly; however, authorities used force to 
disperse several demonstrations during the year. The law regulates 
public demonstrations but does not apply to private gatherings held 
indoors and by individual invitation, nor does it affect religious 
gatherings or election campaigning.
    In early 2003, the Madjermanes, a group of several hundred 
Mozambican citizens who worked in the former East Germany in the 1990s, 
began regular Friday demonstrations to protest the Government's refusal 
to pay pensions that the group claimed were owed to them. Police 
officer Albitro Curva remained in prison awaiting trial for the 
shooting death of Virgilio Amade during a Madjermane demonstration in 
September 2003. Following the shooting, the police and leaders for the 
Madjermane signed an agreement to regulate future demonstrations. In 
July 2003, police dispersed a group of Madjermanes who were preparing 
for their Friday march; seven were injured. The authorities had imposed 
a restriction on circulation on main streets of Maputo during the 
African Union summit, which was seen to override the previously signed 
agreement.
    Police continued to crack down on Madjermane marches during the 
November 2003 electoral campaign, accused participants of tearing down 
FRELIMO electoral posters, and arrested Madjermane leader Alberto 
Mahuai, who was detained and interrogated for 3 days. Marches stopped 
after this detention, but weekly marches resumed in April. On June 30, 
the Madjermane demonstrators escalated their protest by occupying part 
of the National Assembly building. The demonstrators left peacefully 
after meeting with a government official, but claiming their concerns 
were being ignored, forced their way into the German Embassy on July 
13. A group of 41 Madjermanes occupied the German Embassy for 4 days. 
After negotiation with the German Embassy staff, the demonstrators left 
peacefully, and local police who were on guard did not harm anyone. The 
pension issue has still not been resolved by year's end.
    The law provides for freedom of association; however, both the 
Government and the law imposed some limits on this right. A political 
party is required to demonstrate that it has no regional, racial, 
ethnic, or religious exclusiveness and must secure at least 2,000 
signatures of citizens to be recognized (see Section 2.c.). There were 
41 registered political parties, 6 of whom registered during the year.
    A government decree regulates the registration and activities of 
foreign NGOs. Non-political foreign NGOs and religious organizations 
are required to register with the Minister of Foreign Affairs and 
Cooperation (MFA), providing significant detail on their organization's 
scope, staffing, and finances. Domestic NGOs must register with the 
MOJ. The registration process for foreign NGOs was not transparent and 
regularly took several months. Some NGOs have reported that they had to 
make illegal payments in order to stay in operation.

    c. Freedom of Religion.--The Constitution provides for freedom of 
religion, and the Government generally respected this right in 
practice.
    The law requires religious institutions and missionary 
organizations to register with the MOJ, reveal their principal source 
of funds, and provide the names of at least 500 followers in good 
standing. The Christian Council reported that not all religious groups 
registered, but that unregistered groups worshiped unhindered by the 
Government.
    Occasionally missionaries were received with hostility. For 
example, in July, 15 foreign missionaries were expelled from the 
northern town of Montepuez by the local government on suspicion of 
being RENAMO spies; however, they re-established their activities in 
other parts of the country. At times tensions were high as a result of 
the activities of foreign Christian missionary groups in the majority 
Muslim northern provinces.
    The law governing political parties specifically forbids religious 
parties from organizing, and any party from sponsoring religious 
propaganda. The Independent Party of Mozambique (PIMO), a predominantly 
Muslim group without representation in Parliament, took positions based 
on Muslim religious principles, advocated moral behavior, and 
criticized the Government for corruption. PIMO and its presidential 
candidate, Ya'qub Sibindy, were able to campaign during the year 
without hindrance from the authorities.
    Most places of worship nationalized by the Government have been 
returned to their respective religious organizations; however, the 
Catholic Church and certain Muslim communities complained that some 
other properties such as schools, health centers, and residences 
unjustly remained in state hands and continued to request their return. 
The Directorate for Religious Affairs is mandated to address the issue 
of the return of church properties. The return of properties such as 
schools and health clinics has been delayed because of the Government 
claims that it needs time to construct new facilities.
    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, at times the Government infringed upon them.
    Police traffic checkpoints established for safety or security 
concerns occasionally affected freedom of movement. To reduce 
harassment and confiscation of travelers' possessions at the borders, 
customs supervisors levied disciplinary fines and fired abusive customs 
agents. In large cities, the police often stopped foreign pedestrians 
and ordered them to present original passports or resident papers, 
sometimes refused to accept notarized copies, and fined or detained 
those who failed to show proper documents (most persons do not carry 
the originals of documents due to the risk of theft). Police also 
detained local citizens routinely for failure to carry identity papers 
and extorted bribes (see Section 1.d.).
    The Constitution prohibits exile, and the Government did not use 
it.
    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 and its 1967 Protocol, and the Government has established a 
system for providing protections 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 in principle, but this right was not 
always respected in practice. Many refugees who have received 
certification from UNHCR have had difficulty receiving refugee 
certification from the Government. This has impeded the refugees' 
ability to gain employment and move freely within the country. Media 
reports suggested that only 850 of the over 8,000 reported refugees in 
country have received refugee status from the Government's refugee 
certification agency, INAR. Media reports have also accused INAR 
officials of extracting bribes from refugees in exchange for 
certification.
    As of December, the estimated population of refugees was 8,100. The 
majority, 4,500, were at Marratane refugee center near Nampula; over 60 
percent of the refugees were men. There were 16 nationalities 
represented at the camp, with over 90 percent from the Democratic 
Republic of the Congo, Burundi, and Rwanda. Refugee camp conditions met 
minimal standards, although some refugees claimed to fear attack by 
fellow refugees on the basis of ethnicity. Conflicts among rival 
Congolese groups and between Rwandans and Congolese were reported by 
UNHCR during the year, but no acts of physical violence were reported.
    In December 2003, the Government, UNHCR, and the Government of 
Rwanda signed a tripartite agreement that would allow for the voluntary 
repatriation of the approximately 1,000 Rwandan refugees in the 
country. However, only a handful of Rwandan refugees have been 
repatriated by year's end.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The Constitution provides citizens with the right to change their 
government peacefully, and citizens exercised this right in practice 
through periodic, free, and fair elections held on the basis of 
universal suffrage.
    During the year, citizens freely exercised their right to vote in 
the country's third multiparty general elections. Voting day procedures 
generally followed international norms; however, the political campaign 
season and the vote count were marred by irregularities in isolated 
parts of the country.
    Tensions between supporters of the two major parties, RENAMO and 
FRELIMO, continued throughout the year. The most notable incident 
occurred in July in Inhaminga, Sofala Province, when local police 
detained two RENAMO members for beating up a FRELIMO delegate and his 
wife. In reaction, a large crowd of RENAMO members stormed the police 
station and released the suspects. This led to a response by a large 
contingent of the FIR police fighting with RENAMO loyalists over the 
next 3 days. At least one FIR member was killed, but no RENAMO 
loyalists were killed in the altercation. In subsequent months, there 
were reports of further altercations between RENAMO and the FIR in 
Sofala, leading to injuries but no deaths.
    There were also several reports that FRELIMO loyalists in Tete 
Province destroyed a local RENAMO party headquarters, with no response 
by law enforcement.
    The 40-day campaign season leading up to the general elections was 
mostly peaceful, reportedly more so than previous campaigns, but 
observers reported multiple incidents in which members of one party 
were harassed and beaten by members of another party, particularly in 
rural areas. Altercations generally involved rock throwing, fistfights, 
and destruction of property; no killings were reported. Police 
generally declined to intervene in disputes, siding de facto with the 
aggressor party. FRELIMO used significant federal funds and resources 
for campaign purposes, in violation of election law.
    The elections held on December 1 and 2, were peaceful. Voter 
turnout was lower than in past presidential elections, estimated near 
40 percent. On December 22, Armando Guebuza of FRELIMO was declared the 
winner with 64 percent of the vote, compared with 32 percent for Afonso 
Dhlakama of RENAMO; three minor parties received the remaining votes. 
The National Elections Commission managed the voting process; the 
Commission consisted of a FRELIMO majority and a RENAMO minority. In 
several cases, the election authorities were not able to get voting 
materials to rural areas, many of which were predominantly pro-RENAMO, 
by the morning of December 1, which reduced the ability for some to 
vote. Election observers were allowed to observe the voting process and 
vote tabulation at the polling stations on December 2, but were not 
always able to watch the subsequent vote counting at the provincial or 
national level, leaving open the possibility of fraud. In some cases, 
most notably in Changara district of Tete province, and also in parts 
of Niassa and Gaza provinces, reported results implied unrealistically 
high voter turnouts and caused journalists and observer missions to 
allege pro-FRELIMO ballot-stuffing. However, the final presidential and 
legislative election results closely tracked the parallel vote counts 
carried out by observers. Guebuza and FRELIMO won the elections with a 
large majority of the vote. Observer missions and journalists alleged 
that irregularities in Tete Province appeared to have been significant 
enough to tilt that province's representation in the National Assembly 
more strongly in favor of FRELIMO.
    In late December, RENAMO issued complaints of election fraud to the 
National Election Commission, asking for a repeat of the election. The 
Commission rejected RENAMO's major claims but did recognize that some 
problems had taken place, and did alter the results in Zambezia 
province, switching one National Assembly seat from FRELIMO to RENAMO. 
Also, the Commission forwarded cases of fraud in Tete to the provincial 
prosecutor's office for possible further action but did not alter the 
results. RENAMO has since forwarded its complaints to a Constitutional 
Council for further review.
    The November 2003 municipal elections were considered by 
international observers to be generally free and fair; however, there 
were concerns about irregular vote counts in the Beira municipal 
election, which took 3 weeks to resolve before RENAMO was finally 
determined the winner. In the end, FRELIMO won 28 and RENAMO 5 of the 
country's 33 municipalities. Voter turnout was low throughout the 
country, estimated by the Government at 24 percent. Smaller parties 
participated in the elections, but received few votes.
    Throughout the year, there was an intense national debate over the 
enfranchisement of emigrants. FRELIMO officially supported the right of 
emigrants to vote; however, most opposition parties, including RENAMO, 
were suspicious of FRELIMO's willingness to operate the country's 
embassies impartially, and therefore advocated denying emigrants the 
franchise. In July, the National Electoral Commission decided that 
Mozambican expatriates in South Africa, Swaziland, Malawi, Tanzania, 
Kenya, Zimbabwe, Zambia, Portugal, and Germany would be registered to 
vote for the first time in the nation's history. During the September 
registration period, over 47,000 new voters were registered in these 
countries, nearly 70 percent of them in South Africa. Reports indicated 
that only FRELIMO had a significant organizational presence in this 
registration process.
    From June 28 through July 15, citizens were able to register for 
the December elections. This time period was smaller than the 30-day 
period available in past years, leading to complaints by opposition 
parties (particularly RENAMO) that they did not have sufficient time to 
get all the voters in their rural base registered.
    Corruption was widely perceived to be endemic in the executive and 
legislative branches, particularly among the various ministries. Much 
of the public discussion on corruption still focused on older high 
profile cases, such as the murders of journalist Carlos Cardoso and 
banker Antonio ``Siba-Siba'' Macuacua in 2000 and 2001, respectively. 
New cases of corruption were slowly coming to light. The Anti-
Corruption Unit (UAC) in the Attorney General's office was actively 
investigating public siphoning of funds by high-ranking officials in 
various ministries; however, no new charges were filed during the year. 
In August, the National Assembly passed a revised corruption law, which 
many observers believe will make it easier to investigate and prosecute 
corruption by government officials.
    The UAC continued investigating several public figures, including 
the Director of the National Institute of Social Action (INAS), an 
organization under the Ministry of Women and Social Action created to 
provide government assistance to economically vulnerable populations, 
for siphoning of public funds during the year. No new charges were 
filed during the year. During the year, the UAC extended its activities 
outside of the capital by opening regional offices in Beira and 
Nampula.
    There are no laws providing for the right of public access to 
information and in practice the Government restricted citizens' right 
to public information.
    Prior to the December elections, there were 102 women in the 250-
member National Assembly, and women held 3 of the 23 ministerial 
positions and 5 of the 18 vice ministerial positions in the Cabinet. In 
the December elections, 87 women were elected to the National Assembly. 
The female Minister of Planning and Finance, Luisa Diogo, also assumed 
the role of Prime Minister, generally considered the second most 
powerful position in the Government. FRELIMO's policy mandated that at 
least 30 percent of the party's two governing bodies must be women. 
During the year, the Political Commission and Central Committee 
fulfilled this mandate.
    Members of many ethnic groups held key positions in both the 
legislative and executive branches; there was no compelling evidence 
that specific ethnic groups were excluded. Leadership positions within 
FRELIMO traditionally have been dominated by the Shangaan ethnic group, 
while those in RENAMO traditionally have been dominated by the N'dau 
ethnic group.
Section 4 Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    A number of domestic and international human rights groups operated 
without government restriction, investigating and publishing their 
findings on human rights cases; however, registration procedures for 
NGOs were often lengthy. While the Government did cooperate with NGOs, 
many NGOs believed that the Government was slow to respond to their 
requests. The Government responded to human rights-related inquiries 
from the LDH, Etica, and other NGOs on a case-by-case basis.
Section 5 Discrimination, Social Abuses, and Trafficking in Persons
    The Constitution forbids discrimination based on race, sex, or 
disability; however, in practice discrimination against women, persons 
with disabilities, and persons with HIV/AIDS persisted.

    Women.--Although official statistics were not kept, reports 
indicated that domestic violence against women--particularly spousal 
rape and beating--was widespread. Many women believed that their 
spouses had the right to beat them, and cultural pressures discouraged 
women from taking legal action against abusive spouses. Hospitals 
usually did not attribute evidence of physical abuse to domestic 
violence. There is no law that defines domestic violence as a crime; 
however, laws prohibiting rape, battery, and assault can be used to 
prosecute domestic violence. The NGO All Against Violence (TCV), which 
registered 620 cases of domestic violence in 2003, noted that many 
women did not report such cases due to fear of retaliation by their 
husbands or inaction by the police.
    For years, TCV has served as a monitoring and educational group for 
problems of domestic and sexual abuse of women and children; however, 
during the year, the organization largely collapsed due to lack of 
funding, leaving an information gap.
    The law prohibits rape, but not spousal rape. The law was not 
effectively enforced, and rape trials rarely occur. Many of these 
suspects are held for an extended period of pretrial detention until a 
settlement is made.
    Prostitution is illegal; however, the practice was widespread and 
particularly prevalent along major transportation corridors and border 
towns where long-distance truckers stayed overnight. Young women with 
unemployed parents were at the greatest risk for being drawn into 
prostitution. There were reports that police officers sexually abused 
prostitutes and demanded money in exchange for allowing them to work; 
such cases were rarely reported in the media.
    Numerous development organizations and health-oriented NGOs 
emphasized programs to improve women's health and increasingly focused 
resources on combating the spread of HIV/AIDS and sexually transmitted 
diseases among sex workers.
    Sexual harassment was regarded as pervasive in business, 
government, and education, although no formal data existed.In August, 
the new revised Family Law was adopted, which raises the marriage age 
to 18 for both sexes, eliminates husbands' de facto status as heads of 
families, and legalizes civil, religious, and common law unions. The 
law does not legally recognize polygyny; however, women in polygynous 
marriages are granted full marital and inheritance rights. The law is 
particularly important because many, perhaps most, citizens are married 
through customary law rather than religious ceremony; the law clarifies 
women's legal rights with regard to property, child custody, and other 
issues.
    The adoption of the Family Law increases the status of women and 
standardizes rights that had previously varied greatly within the 
country, depending on regional interpretation of customary law; 
however, many women knew little or nothing about the new law, and 
customary law will still be practiced de facto in many parts of the 
country. In some places, a woman had no recourse to the judicial branch 
for enforcement of the rights provided her by the civil codes, 
particularly in the northern part of the country, while other areas 
respected access to the judicial branch for women in common law 
marriages. Women were the primary cultivators of family land in the 
country; however, under customary law, they have had no rights to the 
disposition of the land.
    The Constitution grants citizenship to the foreign-born wife of a 
male citizen, but not to the foreign-born husband of a female citizen.
    Women continued to experience economic discrimination in practice. 
Women constituted slightly more than half the population but were 
responsible for two-thirds of economic production. Women in the 
workplace received lower pay than men for the same work. According to 
parliamentarians women were subject to sexual harassment and to 
discrimination in hiring because of potential absences on maternity 
leave; although the labor law entitles a woman to 60 days of maternity 
leave, employers often violated this right.

    Children.--The Government made children's rights and welfare a 
priority; however, significant problems remained. With the assistance 
of the Community Development Foundation (FDC) and UNICEF, the 
Government undertook a legal review of children's rights; however, it 
had not resulted in any policy changes by year's end.
    Although the law provides for tuition-free primary education, 
school officials regularly charged a matriculation fee for each child, 
which was a significant financial burden for many families. Children 
with a certificate that testifies that the parents are below a certain 
poverty level do not pay any matriculation fees; however, often this 
was not respected in practice. Primary education was compulsory through 
the fifth year; however, there were few educational facilities, which 
limited enrollment. The number of primary schools in the country 
increased slightly during the year; however, schools were still 
overcrowded, and there was widespread corruption in the school system. 
In January, the Ministry of Education reported that over 1 million 
children of school age would be unable to attend primary school during 
the year due to lack of space in classrooms. The Ministry also reported 
that 2.8 million children were enrolled in primary school in 2003, 
which meant that approximately 30 percent of all children did not 
attend primary school. The Ministry of Education estimates that nearly 
50 percent of primary school graduates will move on to secondary school 
this year, representing a significant mark-up in recent years. Many 
secondary schools still do not have a full curriculum through the 
twelfth grade and graduation rates are very low. Girls continued to 
have lower enrollment numbers than boys at the secondary school level, 
especially in rural areas, due to family decisions regarding education.
    Newspapers frequently reported that the parents of school children 
had to bribe teachers or officials to enroll their children in school. 
Parents were often willing to make payments because they knew classroom 
space was insufficient for all children wishing to attend school, 
particularly from the eighth grade onward. Other reports indicated that 
girls exchanged, or were forced to exchange, sex with teachers for 
passing grades.
    The Government took steps to address the problems of the 
approximately 500,000 children orphaned by HIV/AIDS in the country. 
Several government agencies, including the Ministries of Health and 
Women and Social Action developed programs to provide health assistance 
and vocational education for HIV/AIDS orphans. The problem was highly 
visible in public discourse and received significant media attention.
    The National Institute of Statistics estimated that 55 percent of 
child deaths in the country resulted from malnutrition or related 
illnesses. During the year, the Government expanded a vaccination 
initiative and a program to manage childhood illnesses.
    The Ministry of Women and Social Action and other agencies worked 
together with UNICEF to develop a plan to increase the number of 
registered births. The majority of children in the country had not been 
formally registered, which limited their potential access to education 
and health care. To address this problem, in August legislation 
extending registration from 60 to 90 days of the date of birth was 
signed into law.
    Unlike in the previous year, there were no reports that police beat 
street children.
    The trafficking of children for sexual exploitation remained a 
problem (see Section 5, Trafficking).
    Child labor remained a problem (see Section 6.d.).
    The country continued to have a problem with street children. There 
are no reliable numbers on the number of street children nationwide; 
however, the NGO Rede de Crianca, comprised of 33 community 
organizations that work with youth in Maputo, identified 3,419 street 
children who work in their programs.
    The Maputo City Women and Social Action Coordination Office 
continued its program of rescuing abandoned orphans and assisting 
single mothers who head families of three or more persons. They also 
offered special classes to children of broken homes in local schools. 
Other NGO groups sponsored food, shelter, and education programs in all 
major cities. ASEM, in Beira, also provided counseling to parents who 
had expelled children from their homes, which usually happened when a 
wife has children who were unacceptable to a new husband.

    Trafficking in Persons.--There are no specific laws that prohibit 
trafficking in persons, and there were numerous reports of trafficking. 
Trafficking in persons can be prosecuted under violations of labor, 
immigration, and child labor laws committed while trafficking. In 2002, 
there were seven cases in which exploiters were charged with indecent 
assault of a minor; penalties ranged from 2 to 8 years.
    Exploitation of children below the age of 15 continued, and child 
prostitution remained a problem. The law does not specify an age of 
sexual consent; however, offering or procuring of prostitution and 
pornography of any form, including that of children, is illegal under 
the Penal Code. Sexual abuse of a child under 16 also is illegal under 
the Penal Code. Persons engaged in child prostitution, use of children 
for illicit activities, child pornography, child trafficking, or forced 
or bonded labor may be punished by prison sentences and fines; however, 
perpetrators of these crimes rarely were identified and prosecuted and 
punishments were not commensurate with that of a serious crime.
    The country is a point of origin for trafficked women and children. 
Poverty, a history of child migration, and weak border controls all 
contributed to trafficking. In May 2003, the IOM reported that 
approximately 1,000 Mozambican women and children were trafficked to 
South Africa every year. The report noted that victims include both sex 
workers and non-sex workers. Many of the women trafficked were sold to 
brothels in Johannesburg or sold as concubines or ``wives'' to 
mineworkers in South Africa. Boys were trafficked as laborers on South 
African farms. Victims came from both urban and rural backgrounds and 
were often promised better jobs in South Africa. Once there, they were 
threatened with their legal status and forced to work for little or no 
pay. Traffickers included small networks of citizens based in Maputo 
and Nampula, and there were reports that organized crime groups were 
involved.
    Child prostitution appeared to be most prevalent in Maputo, Nampula 
and Beira, and at border towns and overnight stopping points along key 
transportation routes. Child prostitution reportedly was growing in the 
Maputo, Beira, and Nacala areas, which have highly mobile populations 
and a large number of transport workers. Child prostitution was 
reported in Sofala and Zambezia province. Some NGOs were working with 
child prostitutes by providing health care, counseling, and training in 
other vocations.
    The law prohibits the access of minors to bars and clubs; however, 
the Government did not have adequate resources to enforce the law 
effectively. During the year, the Government trained police to aid 
child prostitutes and held a series of seminars to assist police in 
handling cases of child sexual abuse.
    Investigations into the 2003 cases of two street vendors accused of 
trying to sell two children to a ``witch-doctor'' in the Maputo suburb 
of Magoanine and a Burundian citizen was arrested in Cuamba, in the 
northern province of Niassa, accused of abducting four young girls with 
the intent of trafficking them out of the country were ongoing at 
year's end.
    During the year, the Government continued its Campaign Against 
Trafficking of Children, which included various anti-trafficking and 
public awareness programs. In addition, the Government continued a 
pilot program at three police stations to assist child victims of 
trafficking.

    Persons With Disabilities.--The law provides that citizens with 
disabilities shall enjoy fully the same rights that it provides for all 
citizens; however, the Government provided few resources to implement 
this provision. Representatives of disabled groups and injured veterans 
frequently protested that societal discrimination continued against 
persons with disabilities. Approximately 1.9 percent of citizens have 
physical or mental disabilities.
    Concerns of persons with disabilities included access to 
socioeconomic opportunities and employment, accessibility to buildings 
and transportation, and a lack of wheelchairs. The only provisions that 
the Government has enacted for accessibility to buildings and 
transportation for persons with disabilities were in the electoral law 
governing the needs of voters with disabilities in the polling booths. 
Special access facilities were rare. There were few job opportunities 
for persons with disabilities in the formal sector.
    The Government only provided four schools nationwide for the 
hearing and vision impaired and for persons with physical and mental 
disabilities. The government-operated mental health facilities; 
however, conditions were extremely poor.
    The Association of Disabled Mozambicans (ADEMO), the primary 
advocacy group in the country for persons with disabilities, reported 
that the Government was beginning to have a more positive attitude 
towards persons with disabilities. The group worked closely with the 
Government to start a disabled sports federation, which it expects to 
be launched by year's end. ADEMO also reported that in August the 
Government offered duty exemption for 500 wheelchairs donated by the 
Wheelchair Foundation.

    National/Racial/Ethnic Minorities.--There was no systematic 
mistreatment or discrimination on the basis of race or ethnicity; 
however, the FRELIMO Government traditionally has included at all 
levels a large number of southerners, mostly from the Shangaan ethnic 
group, which has engendered complaints from residents of other parts of 
the country. There also were complaints that the Government favored 
economic development in the southern part of the country over other 
areas. The Government has taken several steps to address such concerns: 
The central and northern provinces feature prominently in the 
Government's 5-year development plan, economic and social plan, poverty 
alleviation strategy, and investment incentive program, and the 
President, Prime Minister, and Cabinet members continued to spend a 
significant amount of time in the provinces during the year. The 
executive, judicial, and legislative branches included officials from 
central and northern parts of the country in senior positions.

    Other Societal Abuses and Discrimination.--Persons with HIV/AIDS 
were often fired from their jobs or rejected by their families, 
according to the Special Rapporteur of the U.N. Commission on Human 
Rights (UNCHR), who visited the country in December 2003.
Section 6. Worker Rights
    a. The Right of Association.--The Constitution provides that all 
workers are free to join or refrain from joining a trade union, and 
workers exercised these rights in practice. Membership among the 
country's 13 unions was approximately 200,000, which is approximately 3 
percent of the available work force. A much higher percentage of 
workers in the formal sector were in labor unions. Some unions alleged 
that the Organization of Mozambican Workers, the largest union 
federation, was not independent of FRELIMO.

    b. The Right to Organize and Bargain Collectively.--The law 
protects the right of workers to organize and engage in collective 
bargaining. Less than 2 percent of the work force was in collective 
bargaining contracts. The Government did not set private sector 
salaries; existing unions were responsible for negotiating wage 
increases. The Consultative Commission on Labor met periodically to 
negotiate changes in the minimum wage. The Center for Arbitration, 
Conciliation, and Mediation helped settle business-to-business problems 
through binding arbitration.
    The Constitution explicitly provides for the right to strike, with 
the exception of civil servants, police, military personnel, and other 
essential services (which include sanitation, fire fighting, air 
traffic control, health care, water, electricity, fuel, post office, 
telecommunications, and funeral services), and workers exercised this 
right in practice. The law specifies that strikers must notify police, 
the Government, union, and employers 48 hours in advance of intended 
strikes. The law forbids retribution against strikers, the hiring of 
substitute workers, and lockouts by employers. Specific labor disputes 
generally were arbitrated through special workers' committees, formally 
recognized by the Government.
    There are export processing zones (EPZs) in Maputo and in Beira. 
Workers in EPZs are subject to the same labor regulations as other 
workers, and worker rights were generally respected in practice.

    c. Prohibition of Forced or Compulsory Labor.--The Government 
prohibits forced or compulsory labor, including by children, and there 
were no reports that such practices occurred in the formal economy; 
however, children in rural areas were used as labor to settle financial 
and other disputes (see Section 6.d.).

    d. Prohibition of Child Labor and Minimum Age for Employment.--The 
law regulated child labor; however, child labor remained a problem. In 
the wage economy, the minimum working age without restrictions is 18 
years of age. The law permits children between the ages of 15 and 18 to 
work subject to certain restrictions and the employer is required to 
provide for their education and professional training and to ensure 
conditions of work that are not damaging to their physical and moral 
development. Children between the ages of 12 and 15 are permitted to 
work under special conditions authorized jointly by the Ministries of 
Labor, Health, and Education. For minors under 18 years, the maximum 
workweek is 38 hours, and the maximum workday is 7 hours. Minors under 
18 years of age are not permitted to work in unhealthy or dangerous 
occupations or those requiring significant physical effort. Children 
must undergo a medical examination before beginning work. By law, 
children must be paid at least the minimum wage or a minimum of two-
thirds of the adult salary, whichever is higher.
    Because of high adult unemployment in the formal sector, few 
children were employed in regular wage positions; however, children, 
including those under the age of 15, commonly worked on family farms; 
independently in seasonal harvests or commercial plantations, where 
they were paid on a piecework basis and principally involved picking 
cotton or tea leaves; or in the urban informal sector, where they 
performed such tasks as guarding cars, collecting scrap metal, working 
as vendors, and selling trinkets and food in the streets. The 
International Labor Organization estimated that between 30 and 35 
percent of children ages 10 to 14 were working in the informal sector. 
Children also were increasingly employed as poorly paid domestic 
laborers.
    Children orphaned by HIV/AIDS often were forced to work because 
they were left without any adult family members or with only extended 
family members who were unable to support them. Forced child labor was 
a problem. Children in rural areas were used as labor to settle 
financial and other disputes, with their families delegating the 
children to work for limited periods of time to settle debts.
    The Ministry of Labor is authorized to regulate child labor in both 
the informal and formal sectors. Labor inspectors may obtain court 
orders and use police to enforce compliance with child labor 
provisions, and violations of child labor provisions are punishable 
with fines. Enforcement mechanisms generally were adequate in the 
formal sectors but remained inadequate in the regulation of informal 
child labor. The Labor Inspectorate and police forces lacked adequate 
staff, funds, and training to investigate child labor cases, especially 
in areas outside of the capital. The Government provided training for 
police on child prostitution and abuse (including pornography); 
however, there was no specialized child labor training for the Labor 
Inspectorate. The Government disseminated information and provided 
education about the dangers of child labor.

    e. Acceptable Conditions of Work.--During the year, there was an 
approximately 15 percent increase in the minimum wage to $55 (1,100,000 
meticais) per month for industrial workers and $39 (790,000 meticais) 
per month for agricultural workers; however, neither minimum wage 
provided a decent standard of living for an average worker and family. 
Many workers turned to a second job, if available; maintained their own 
gardens; or depended on the income of other family members to survive. 
Only a small percentage of laborers worked at the minimum wage level. 
Less than 10 percent of workers were in salaried positions, and the 
majority of the labor force was employed in subsistence farming and the 
informal sector. Although the industrial sector frequently paid above 
minimum wage, there was little industry outside of the Maputo area.
    The Ministry of Labor is responsible for enforcing the minimum wage 
rates in the private sector and the Ministry of Planning and Finance in 
the public sector. Violations of minimum wage rates usually were 
investigated only after workers registered a complaint. It was 
customary for workers to receive benefits such as transportation and 
food in addition to wages.
    The standard legal workweek is 40 hours, but can be extended to 48 
hours. After 48 hours, overtime must be paid at 50 percent over base 
hourly salary. Overtime is limited by law to two hours per day and 100 
hours per year. Foreign workers are protected under the law.
    Worker complaints about employers deducting social security 
contributions from wages but failing to pay them into accounts and lack 
of access to the Social Security system continued during the year.
    In the small formal sector, health and environmental laws enacted 
to protect workers; however, the Ministry of Labor enforced these laws 
ineffectively, and the Government only occasionally closed firms for 
noncompliance. There continued to be significant violations of labor 
legislation in many companies and services. In the first 6 months of 
the year, the Ministry of Labor estimated that there were 154 
industrial accidents, 6 of which resulted in death. Most of these 
accidents were blamed on unsafe practices or the lack of safety 
equipment. Workers have the right to remove themselves from work 
situations that endanger their health or safety without jeopardy to 
their continued employment; however, in practice this right was 
restricted by threats of dismissal and peer pressure.

                               __________

                                NAMIBIA

    Namibia is a multiparty, multiracial democracy. Sam Nujoma, the 
leader of the South West Africa People's Organization (SWAPO) and 
President since the country's independence in 1990, will step down at 
the end of his term in March 2005. On November 15 and 16, citizens 
elected Minister of Lands, Resettlement, and Rehabilitation Hifikepunye 
Pohamba to be the next President. International and domestic observers 
agreed the general elections were generally free and reflected the will 
of the electorate despite some irregularities; SWAPO won three-quarters 
of the seats in the National Assembly. The judiciary was independent 
but at times inefficient.
    The police, including the paramilitary Special Field Force (SFF), 
supervised by the Ministry of Home Affairs, and the Namibian Defense 
Force (NDF), supervised by the Ministry of Defense, shared 
responsibility for internal security. The Namibian Central Intelligence 
Service (NCIS) has responsibility for national security-related 
intelligence inside and outside the country. Civilian authorities 
maintained effective control of the security forces. Some members of 
the security forces committed human rights abuses.
    The market-based economy was heavily dependent on mining, fish, and 
tourism; the population was 1.8 million. More than 50 percent of the 
working population was engaged in subsistence agriculture. The per 
capita income of approximately $1,870 masked extreme disparity between 
the income levels of black citizens and white citizens, which resulted 
in large part from the pre-independence apartheid regime; however, the 
living standards of black citizens continued to improve. White citizens 
and foreign interests still largely controlled ranching. Unemployment 
exceeded 30 percent and affected primarily the black majority. 
Government policies continued to promote equality through education, 
job creation, and promotion of entrepreneurial opportunities for the 
historically disadvantaged.
    The Government generally respected the human rights of its 
citizens; however, there were serious problems in several areas. 
Security forces killed and abused citizens during arrests and 
detentions. Some security force members who committed abuses were 
arrested and tried; however, the Government did not take action in 
other cases. Problems with arbitrary arrest and lengthy pretrial 
detention continued. A large court backlog, due primarily to resource 
constraints, resulted in lengthy delays of trials. High-level 
government officials continued to respond to criticism of ruling party 
and government policies with verbal abuse. There continued to be 
pressure on journalists who worked for government-owned media outlets 
not to criticize the Government. Violence against women and children, 
including rape and child abuse, continued to be a serious problem. 
Women also continued to experience serious legal and cultural 
discrimination. Racial and ethnic discrimination and serious 
disparities in education, health, employment, and working conditions 
persisted, as did discrimination against indigenous persons. There were 
reports of forced labor, including by children. Child labor was a 
problem; however, the Government continued its efforts to end this 
practice. Unlike in previous years, there were no reports that Angolan 
Armed Forces (FAA) soldiers intimidated and abused civilians.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Arbitrary or Unlawful Deprivation of Life.--There were no 
political killings by the Government or its agents; however, security 
forces killed two persons during the year. On July 15, a police officer 
shot and killed Francis Sikwai Musanza, who allegedly was fishing 
illegally. On December 16, police shot and killed Jeffrey Shalulu, who 
had escaped from Otjiwarongo police cells, where he was awaiting trial. 
No further information was available about either case.
    During the year, the Prosecutor General declined to press charges 
against an NDF member who in 2003 shot and killed Mohamed Sawana.
    There were no developments in the 2003 police beating of Alilo 
Ndungula, who subsequently died.
    There were no further developments in 2002 killings by security 
forces.
    Unexploded ordnance killed and injured several persons during the 
year. For example, on July 7, unexploded ordnance killed Dirk Jansen at 
Otjomuise. The police Explosive Ordinance Disposal Unit and NDF 
operational clearance teams participated in demining activities during 
the year.

    b. Disappearance.--There were no reports of politically motivated 
disappearances.
    There were no developments, and none were expected, in the 2002 
disappearance of Fransisco Chivela, who security forces detained on 
suspicion of being a ``UNITA bandit.''

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The Constitution prohibits such practices; however, 
security forces sometimes beat or otherwise abused persons, including 
persons held in custody.
    Unlike in previous years, no prisoners alleged that they had been 
tortured.
    Despite a police directive that prohibited the use of sjamboks 
(heavy leather whips), security forces continued to use them.
    In May, Steven Visagie, who fled custody at the Walvis Bay Police 
Cells and subsequently was rearrested, charged in a media report that 
security forces used tear gas in cells ``for no reason.''
    On August 31, police held down, kicked, and arrested four 
foreigners they reportedly mistook for thieves. The foreigners, who 
were released, did not press charges.
    During the year, the Government took action against some security 
force members who abused persons in 2003. For example, a court martial 
convicted and fined the officer who abused one of the female NDF 
recruits who filed charges of mistreatment in July; the case of the 
other recruit was dismissed for lack of evidence. A court martial was 
scheduled for March 2005 to try NDF members who harassed and beat Beau 
Pietersen and Hatani Mao Eichab for refusing to remove their earrings.
    The Prosecutor General declined to prosecute the NDF member who in 
2003 allegedly shot Sonette Benson in the leg.
    Paramilitary units also abused persons. In February, SFF members 
reportedly beat Theophillus Ambondo, allegedly for transporting maize 
meal in a government vehicle on the weekend.
    On November 14, at Kayira-yira village, SFF members reportedly beat 
Lyasintu Mendosa before taking him to the Rundu police, who 
subsequently transported Mendosa to the hospital; on November 16, he 
was discharged from the hospital to appear in the Magistrate's Court on 
charges of possessing marijuana. No further information was available 
on the case.
    There were no developments in the June 2003 case in which SFF 
members allegedly assaulted George Petrus.
    During the year, media and human rights groups continued to report 
on the ongoing court cases that resulted from security forces 
responding with violence to secessionist attacks in 1999 (see Sections 
1.d. and 1.e.). More than 100 related cases were pending at year's end.
    During the year, some citizens of the Mafwe ethnic group complained 
of police harassment in the form of repeated interrogations about the 
1999 secessionist attacks at Katima Mulilo (see Section 1.d.).
    Unlike in previous years, there were no reports of intimidation and 
abuse of civilians in the northern border areas by FAA soldiers.
    Unexploded ordnance continued to injure persons; however, there 
were no reports of injuries from landmines during the year (see Section 
1.a.).
    Conditions in prisons and military detention facilities were 
Spartan; however, they generally met international standards. There 
were incidents of overcrowding and poor maintenance. Victims of abuse 
were able to pursue legal remedies. The Ministry of Prisons and 
Correctional Services administered the country's prisons and jails and 
continued to work to improve conditions.
    In January, Josef Kandjimba died in police custody; Kandjimba's 
family charged that his death resulted from police failure to take him 
to a December 2003 medical checkup.
    Female prisoners were held separately from male prisoners. The 
Government also made efforts to separate juvenile offenders from adult 
criminals, and there were separate facilities for child offenders in 
Windhoek and Mariental; however, in many rural areas, juveniles 
continued to be held with adults. There were several pilot programs 
that provided alternatives to incarceration for juvenile offenders. 
Pretrial detainees generally were held separately from convicted 
prisoners.
    The Government continued to grant nongovernmental organizations 
(NGOs) regular access to prisons and prisoners. The International 
Committee for the Red Cross (ICRC) requested and received prison 
access.

    d. Arbitrary Arrest or Detention.--The Constitution prohibits 
arbitrary arrest or detention except in situations of national 
emergency; however, security forces at times did not observe these 
prohibitions.
    The country's 10,000-member national police force (NAMPOL) is 
highly centralized with regional commands responsible to the Inspector 
General of Police, who reports to the Minister of Home Affairs. 
Approximately half of NAMPOL's overall complement is assigned to the 
SFF, a paramilitary unit made up primarily of combatants from the 
former People's Liberation Army of Namibia; SFF members were assigned 
to guard duty, checkpoints, and the maintenance of public order. NAMPOL 
lacked the resources, training, and personnel to consistently deter or 
investigate street crime.
    The police continued to make use of a human rights training course 
and a human rights training manual designed by the Legal Assistance 
Center (LAC). At times security force members accused of committing 
abuses were arrested and tried in military courts or the civilian 
criminal justice system; however, in other cases, the Government did 
not take any action against those responsible for abuses.
    Persons who were arrested must be informed of the reason for their 
arrest and must be brought before a magistrate within 48 hours of their 
detention. Those accused are entitled to defense by legal counsel of 
their choice, and those who cannot afford a lawyer are entitled to 
state-provided counsel; however, in practice, many accused persons in 
remote and rural areas were not represented by counsel, primarily due 
to the lack of resources. Prisoners generally had access to legal 
counsel and family during regular visiting hours. Detainees had access 
to their lawyers prior to trial. There was a functioning bail system in 
place, and the LAC reported that it generally was observed except in 
rural areas, where persons often were unaware of their legal rights.
    On January 2, police at an Ondangwa roadblock arrested Shefeni 
Daniel Linekela for being a suspected illegal immigrant. Linekela, who 
was detained for 5 days, was released without charge.
    Under a state of emergency, the Constitution permits detention 
without trial, although the names of detainees must be published in the 
Government's gazette within 14 days, and their cases must be reviewed 
within 1 month by an advisory board appointed by the President.
    During the 1999 state of emergency declared in response to Caprivi 
Liberation Army (CLA) attacks in Katima Mulilo, the security forces 
detained several hundred suspected CLA members and sympathizers, most 
of whom were released after 2 weeks. Trial proceedings began in October 
2003; 120 suspects remained in detention at Grootfontein at year's end 
(see Section 1.e.).
    The seven refugees who were arrested on related charges of high 
treason after being forcibly returned from Botswana in December 2003 
remained in detention at year's end; their trial was scheduled for 
early 2005.
    Citizens who were arrested arbitrarily used civil suits as legal 
recourse in many cases. In October, the High Court awarded damages of 
$2,000 (NAD 12,000) to Luiza Lomba, a citizen who was detained as an 
illegal immigrant in 2000.
    The case of Aurelio Samakupa Sondjamba, who filed damages against 
the Government after his 2002 release from prison after being held for 
2 years without charge, was settled out of court during the year; 
Sondjamba was awarded compensation.
    The 2002 civil suit filed by Anna Shingenge, who was detained by 
King Munkundi of the Ongandjera Traditional Authority for 7 months, was 
settled out of court under confidential terms.
    There was no further information on the 2002 arrest of three 
persons who remained in detention at year's end for suspected 
involvement with the CLA.
    A trial must take place within ``a reasonable time,'' or the 
accused must be released. Human rights organizations have criticized 
the length of time that pretrial detainees were held, which has 
extended beyond 1 year in some cases (see Section 1.e.).

    e. Denial of Fair Public Trial.--The Constitution provides for an 
independent judiciary, and the Government generally respected this 
provision in practice; however, the court system at times was 
inefficient. During the year, government and ruling party officials 
harshly criticized High Court Judge Elton Hoff.
    The formal court system has 3 levels: 30 magistrates' courts; the 
High Court; and the Supreme Court. The latter also served as a court of 
appeals and as a constitutional review court.
    The Constitution provides for the right to a fair trial with a 
presumption of innocence until proven guilty; however, this right was 
limited somewhat in practice by long delays in hearing cases in the 
regular courts and the uneven application of constitutional protections 
in the traditional system.
    The lack of qualified magistrates and other court officials and the 
high cost of legal aid resulted in a serious backlog of criminal cases, 
which often translated into delays of up to 1 year or more between 
arrest and trial, contravening constitutional provisions for the right 
to a speedy trial. Some of those awaiting trial were incarcerated in 
the same conditions as those of convicted criminals.
    During the year, procedural issues continued to dominate the high 
treason trial of 120 detainees arrested in connection with the 1999 
attacks on government institutions at Katima Mulilo (see Section 1.d.). 
On February 24, High Court Judge Hoff ordered the release of 13 of the 
120 detainees after ruling that the court did not have jurisdiction 
because of irregularities in their extradition from Botswana and 
Zambia. After their release, the 13 were rearrested on the same 
charges. The Government appealed the High Court's ruling to the Supreme 
Court, which overturned the decision on July 21. High Court criminal 
proceedings for all 120 suspects were initiated on August 23, 
subsequently postponed, and rescheduled to resume in January 2005.
    During the year, the Government and ruling party officials harshly 
criticized Judge Hoff and his decision to release the 13 detainees. The 
Deputy Minister of Enviroment and Tourism called the Judge ``disloyal 
and unpatriotic,'' and SWAPO Party Youth League Secretary Paulus Kapia 
denounced Hoff and the human rights organizations that defended him. 
The Law Society charged Ilonga and Kapia with contempt of court; 
however, no trial date had been set by year's end.
    Most rural citizens first encountered the legal system through the 
traditional courts, which dealt with minor criminal offenses such as 
petty theft and infractions of local customs among members of the same 
ethnic group. The law delineates which offenses may be dealt with under 
the traditional system. The law defines the role, duties, and powers of 
traditional leaders and provides that customary law is invalid if it is 
inconsistent with provisions of the Constitution.
    There were no reports of political prisoners.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The Constitution provides all citizens with the right 
to privacy and requires arresting officers to secure a judicial warrant 
before conducting a search, except in situations of national emergency; 
government authorities generally respected these rights in practice, 
and violations were subject to legal action.
    Under the law, the NCIS is authorized to conduct wiretaps, 
intercept mail, and engage in other covert activities inside and 
outside the country to protect national security; however, wiretaps and 
covert surveillance required the consent of a judge.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The Constitution provides for 
freedom of speech and of the press, subject to reasonable restrictions 
in situations such as a state of emergency, and the Government 
generally respected these rights in practice; however, high-level 
government officials sometimes responded to criticism of the Government 
and ruling party with verbal abuse. There also were reports of 
government pressure on reporters who worked for government-owned media. 
The Government did not restrict academic freedom.
    The Government contributed financially to the New Era newspaper and 
the Namibia Press Agency, both parastatals. The ruling SWAPO party 
owned one publication, Namibia Today. There were six independent 
newspapers. Reporters for independent newspapers continued to criticize 
the Government openly and did not engage in self-censorship.
    The Government owned and operated the Namibian Broadcasting 
Corporation (NBC) Radio and Television. NBC television and nine radio 
services that broadcast in English and indigenous languages were the 
most widely heard and influential media in the country. During the 
year, there were reports of government influence on NBC operations and 
editorial content as well as self-censorship by the staff. There were 
nine private radio stations, one private television station, and a 
private cable and satellite television service that broadcast 
international news and entertainment programs. The ruling SWAPO party 
owned 51 percent of this cable service.
    Government departments were precluded from advertising in The 
Namibian newspaper or purchasing it with state funds because of the 
newspaper's critical coverage of the President and the Government. 
Political parties, including the ruling SWAPO party, advertised in The 
Namibian.
    During the year, high-level government and ruling party officials 
sharply and publicly criticized journalists in response to perceived 
criticism of the Government or ruling party; however, there were fewer 
such incidents than in previous years. Such verbal attacks did not 
appear to have significantly affected the aggressive style of the 
independent media.
    There were no restrictions on Internet access or use. There were 
growing numbers of domestic web pages, and the major newspapers had 
popular websites.

    b. Freedom of Peaceful Assembly and Association.--The Constitution 
provides for freedom of assembly and association, except in situations 
of national emergency, and the Government generally respected these 
rights in practice. Organizers of public meetings were required to 
obtain prior police approval, but many public gatherings took place 
without such approval and without interference by the Government.
    Unlike in the previous year, security forces did not disperse 
demonstrations during the year.

    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, except in situations of national emergency, and the Government 
generally enforced these rights in practice.
    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 and 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; however, the Government required individual status 
determinations for asylum cases. The Government cooperated with the 
U.N. High Commissioner for Refugees (UNHCR) and other humanitarian 
organizations in assisting refugees. The Government also provided 
temporary protection to certain individuals who may not qualify as 
refugees under the 1951 Convention/1967 Protocol.
    At year's end, the population at the Osire Refugee Camp was 
approximately 10,000. Approximately 90 percent of this population was 
from Angola; the remaining refugees were from the Democratic Republic 
of the Congo, Burundi, Rwanda, and other African countries. During the 
year, 3,000 refugees voluntarily returned to Angola. The Government 
generally did not permit refugees and asylum seekers to work or live 
outside the Osire refugee camp. Education through grade 10 was 
available to all refugees at the camp, and the Government facilitated 
further secondary education for students with financial sponsorship at 
schools outside the camp. Some tension with local farmers persisted; 
farmers accused some refugees of stealing firewood, and refugees 
claimed they were not paid for informal labor.
    The Government continued to maintain strict control over civilian 
access to the Osire refugee camp; however, the ICRC, the UNHCR, and the 
UNHCR's NGO partners had regular and unrestricted access to the camp.
    Most of the approximately 1,000 Caprivi refugees--primarily 
Barakwena San--who in 2003 returned to the country from Botswana had 
assimilated into their communities by year's end.
    In July, the Botswana Court of Appeal rejected the Government's 
appeal to have 13 alleged Caprivi secessionists extradited to face 
charges of murder and high treason. During the year, 2 of these 
individuals died of natural causes; the remaining 11 were being 
detained while the UNHCR reviewed their refugee claims.
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 during the 
year in presidential, parliamentary, regional, and local elections.
    The Constitution establishes a bicameral Parliament and provides 
for general elections every 5 years and regional elections every 6 
years. Members of the National Assembly are elected on a party list 
system on a proportional basis. National Council members are elected 
from within popularly elected Regional Councils.
    Presidential and parliamentary elections were held on November 15 
and 16. Hifikepunye Pohamba, SWAPO Party candidate and Minister of 
Lands, Resettlement, and Rehabilitation, was elected President with 
76.4 percent of the vote; SWAPO won 55 of 72 elected National Assembly 
seats. International and domestic observers characterized both 
elections as free and reflecting the will of the electorate despite 
some irregularities. Observers criticized the inefficient vote 
tabulation system and the unequal access to media coverage and campaign 
financing. In the National Assembly, 6 opposition parties won a total 
of 17 seats: The Congress of Democrats Party, the Democratic Turnhalle 
Alliance, the United Democratic Front, the National United Democratic 
Organization, the Republican Party, and the Monitor Action Group. The 
inauguration of President-elect Pohamba and the National Assembly was 
scheduled for March 2005.
    Legislation--including the 2003 Anti-Corruption Bill--and 
institutions--including the Office of the Ombudsman and the Office of 
the Auditor-General--were in place to combat public corruption; 
however, corruption and lack of transparency were growing problems. 
During the year, there were notable cases of malfeasance in several of 
the country's parastatals. Reports of corruption in the Airports 
Company, the Social Security Commission, and the Roads Authority 
received widespread media coverage. The Anti-Corruption Bill had not 
been implemented by year's end due to budgetary constraints.
    No laws provided for public access to government information; 
however, the Government generally provided such access.
    Women held 20 seats in the 78-seat National Assembly. There was a 
Women's Caucus in Parliament that reviewed legislation for gender 
sensitivity. There were 5 female ministers, including the Attorney 
General, and 5 female deputy ministers among the 45 ministerial and 
deputy ministerial positions.
    Historic economic and educational disadvantages limited the 
participation of the indigenous San ethnic group in politics; however, 
a member of the San community represented the SWAPO party in the 
National Assembly. Virtually all of the country's other ethnic 
minorities were represented in Parliament and in senior positions in 
the Cabinet. Members of smaller ethnic groups held the offices of Prime 
Minister, Deputy Prime Minister, and Speaker of the National Assembly.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    A number of domestic and international human rights groups 
generally operated without government restriction, investigating and 
publishing their findings on human rights cases; however, high-level 
government officials continued to use harsh language in response to NGO 
criticism of the ruling party and government policies. Government and 
ruling party officials continued to attack verbally human rights NGOs, 
including the National Society for Human Rights. For example, at a 
March 9 press conference, the Secretary of SWAPO's Youth League charged 
that the LAC, the National Society for Human Rights (NSHR), and the 
Society of Advocates were unpatriotic and ``self-declared defenders of 
the enemies of the Namibian people.'' At a November 12 SWAPO rally, two 
Ohangwena regional councilors referred to the NSHR staff as 
``traitors.'' Despite verbal attacks, NGOs continued to criticize 
government policies freely.
    During the year, representatives of international human rights 
organizations visited the country.
    There was an autonomous ombudsman, with whom the Government 
cooperated.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The Constitution prohibits discrimination based on race, creed, 
gender, or religion, and specifically prohibits ``the practice and 
ideology of apartheid''; however, the Government did not effectively 
enforce these prohibitions.

    Women.--Domestic violence against women, including beating and 
rape, was widespread. Traditional attitudes regarding the subordination 
of women exacerbated problems of sexual and domestic violence. Domestic 
violence is against the law, and the law defines rape in broad terms 
and allows for the prosecution of spousal rape. There continued to be 
significant attention paid to the problems of rape and domestic 
violence. In some Magistrate's Courts, there were special courtrooms to 
protect vulnerable witnesses from open testimony; the courtrooms 
featured a cubicle made of one-way glass and child-friendly waiting 
rooms.
    Women and Child Protection Units, staffed with police officers 
trained to assist victims of sexual assault, were located in nine 
cities; during the year, the PEACE Center and other NGOs continued to 
provide training to these units. Police reported an increase in the 
number of women who reported rape and domestic violence.
    The Constitution prohibits discrimination against women, including 
employment discrimination; however, men dominated positions in upper 
management. The Ministry of Labor and the Employment Equity Commission, 
which reports to the Minister of Labor, were responsible for problems 
involving discrimination in employment; the Ministry of Women Affairs 
and Child Welfare was responsible for advocating for women's rights. 
The Ministry of Justice's Law Reform and Development Commission 
advocated for women's rights in legislation, such as the Maintenance 
Act. The law prohibits discriminatory practices against women married 
under civil law; however, women married under customary (traditional) 
law continued to face legal and cultural discrimination. Traditional 
practices that permitted family members to confiscate the property of 
deceased men from their widows and children still existed.

    Children.--The Constitution enumerates children's rights, including 
those in the area of education and health, and during the year, 
approximately 20 percent of government expenditures were designated for 
education and 15 percent for health care; however, in practice, 
resource constraints and untrained support staff resulted in inadequate 
attention to child welfare.
    The Constitution provides children with the right to primary and 
junior secondary education (grades 1 to 10); however, the numerous 
fees, which included fees for uniforms, books, boarding costs, and 
school improvement, placed a heavy burden on students' families, and 
precluded some children from attending school. In general, more girls 
than boys were enrolled in secondary schools. Many San children did not 
attend school.
    During the year, the Government took several steps to provide 
medical care and other assistance to the approximately 100,000 HIV/AIDS 
orphans and other vulnerable children.
    Child abuse was a serious and increasingly acknowledged problem. 
The authorities vigorously prosecuted crimes against children, 
particularly rape and incest. The law protects children under 18 years 
of age by criminalizing sexual exploitation, child pornography, and 
child prostitution. The age of sexual consent was 16 years. During the 
year, the Government provided training for police officials to improve 
the handling of child sex abuse cases. Centers for abused women and 
children worked actively to reduce the trauma suffered by abused 
children.
    There were a few reports of child prostitution, and parents as well 
as perpetrators were liable in such cases. For example, an 
investigation during the year into the disappearance of a 7th grade 
pupil at Narraville Primary School revealed that students as young as 
11 and 12 were involved in sexual relations with older men; in some 
cases, parents seeking additional income reportedly had encouraged such 
activities. The school called an emergency meeting of the parents to 
address the issue, the State opened a charge sheet, and the Women and 
Child Protection Unit of the police initiated an investigation.
    The growing number of HIV/AIDS orphans increased the vulnerability 
of children to sexual abuse and exploitation.
    Child labor was a problem (see Section 6.d.).

    Trafficking in Persons.--The Prevention of Organized Crime Act, 
which was enacted in November, specifically prohibits trafficking in 
persons, and there were no reports of persons being trafficked to, 
from, or within the country. The law also prohibits slavery, 
kidnapping, forced labor, including forced prostitution, child labor, 
and alien smuggling. Traffickers were subject to fines of up to 
$166,000 (NAD 1 million) or up to 50 years' imprisonment.
    There were a few reports of child prostitution (see Section 5, 
Children).

    Persons With Disabilities.--While discrimination on the basis of 
disability is not addressed in the Constitution, the Labor Act 
prohibits discrimination against persons with disabilities in 
employment; however, enforcement in this area was ineffective. Although 
there was no legal discrimination against persons with disabilities, 
societal discrimination persisted. The Government legally does not 
require special access to public buildings for persons with 
disabilities, and some ministries remained inaccessible to them. 
Although some municipal governments have installed ramps and special 
curbing for persons with disabilities at street crossings, physical 
access for those with disabilities remained a problem. Disability 
issues continued to receive greater public attention than in previous 
years, with wider press coverage of the human rights problems that 
confront persons with disabilities. During the year, the Electoral 
Commission of Namibia took steps to accommodate voters with 
disabilities, including the provision of Braille templates for ballots 
in the presidential and national assembly elections.

    National/Racial/Ethnic Minorities.--Despite constitutional 
prohibitions, societal, racial, and ethnic discrimination persisted. 
Many nonwhites continued to complain that the Government was not moving 
quickly enough to provide education, health, housing, employment, and 
access to land. Some citizens continued to accuse the Government of 
providing more development assistance and professional opportunities to 
the majority Ovambo ethnic group. There also were reported cases of 
black farm workers suffering discrimination in remote areas at the 
hands of white farm owners.

    Indigenous People.--The San, the country's earliest known 
inhabitants, historically have been exploited by other ethnic groups. 
By law, all indigenous groups participate equally in decisions 
affecting their lands, cultures, traditions, and allocations of natural 
resources; however, San and other indigenous citizens have been unable 
to exercise fully these rights as a result of minimal access to 
education, limited economic opportunities under colonial rule, and 
their relative isolation. The Government has taken measures to end 
societal discrimination against the San, including seeking their advice 
about proposed legislation on communally held lands and increasing 
their access to education; however, many San children did not attend 
school. In February, the LAC filed charges on behalf of 18 members of 
the San community against more than 20 communal farmers who allegedly 
beat them after accusing the San of stock theft; the case was pending 
at year's end. NGOs reported a decrease in complaints that San were 
unable to obtain proper and accurate identification documents.
    The Government's authority to confer recognition or withhold it 
from traditional leaders, even in opposition to local preference, was 
controversial because of the leaders' influence on local events, 
including local police powers. In some cases, the Government withheld 
recognition from genuine traditional leaders for political reasons.

    Other Societal Abuses and Discrimination.--On December 8, the 
Government signed into law a new Labor Act, which removed the previous 
law's protection of homosexuals from employment discrimination. During 
the year, senior government officials continued to make disparaging 
public remarks about homosexuals. For example, in a May 6 parliamentary 
debate, Justice Minister Albert Kawana called homosexuality ``illegal 
and criminal.''
Section 6. Worker Rights
    a. The Right of Association.--The Constitution provides for freedom 
of association, including freedom to form and join trade unions, and 
workers exercised this right in practice. A survey by trade unions 
indicated that approximately 140,000 of the 280,000 workers in the 
formal sector were unionized. Farm workers and domestic servants 
working on rural and remote farms often were ignorant of their rights, 
and unions experienced obstacles in attempting to organize these 
workers; as a result, they reportedly suffered abuse by employers. The 
law provides a process for employer recognition of trade unions and 
protection for members and organizers.
    The law specifically protects both union organizers and striking 
workers from employer retaliation; however, the scarcity of judges and 
lack of expertise in labor law caused lengthy and unnecessary delays in 
such cases.

    b. The Right to Organize and Bargain Collectively.--The law 
provides employees with the right to bargain individually or 
collectively and to recognize the exclusive collective bargaining power 
of the union when a majority of the workers were members of that union; 
workers exercised these rights in practice. Collective bargaining was 
not practiced widely outside the mining and construction industries, 
which had centralized, industry-wide bargaining. Almost all collective 
bargaining was at the workplace and company level. The Ministry of 
Labor cited lack of information and basic negotiation skills as factors 
hampering workers' ability to bargain with employers successfully.
    Except for workers providing essential services such as jobs 
related to public health and safety, workers have the right to strike 
once conciliation procedures are exhausted and 48-hour notice has been 
given to the employer and labor commissioner; legal strikes were 
conducted during the year. Under the law, strike action can be used 
only in disputes involving specific worker interests, such as pay 
raises. Disputes over worker rights, including dismissals, must be 
referred to a labor court for arbitration. The law protects workers 
engaged in legal strikes from unfair dismissal.
    There are export processing zones (EPZs) at the Walvis Bay and 
Oshikango industrial parks and a number of single-factory EPZs outside 
of these parks. The law applies to EPZs, and unions have been active in 
the EPZs since their establishment.

    c. Prohibition of Forced or Compulsory Labor.--The law prohibits 
forced or compulsory labor, including by children; however, there 
continued to be media reports during the year that farm workers 
(including some children on family-owned commercial farms) and domestic 
workers often received inadequate compensation for their labor and were 
subject to strict control by employers. Given the Ministry of Labor's 
resource constraints, labor inspectors sometimes encountered problems 
in gaining access to the country's large, family-owned, commercial 
farms to investigate possible labor code violations.

    d. Prohibition of Child Labor and Minimum Age for Employment.--
Criminal penalties and court orders were available to the Government to 
enforce child labor laws; however, such action involved a complicated 
legal procedure, and child labor was a problem. Under the law, the 
minimum age for employment is 14 years, with higher age requirements 
for night work and in certain sectors such as mining and construction. 
Children below the age of 14 often worked on family-owned commercial 
farms and in the informal sector, and some also worked in communal 
areas.
    The Government has taken steps to end child labor abuses. During 
the year, the Ministry of Labor continued to hire additional 
inspectors, who used revised inspection checklists to include specific 
inquiries on International Labor Organization (ILO) Convention 182 
concerns. The Ministry continued to work together to monitor abuses 
with ILO representatives, who visited the country during the year. The 
Government also continued to work with NGOs to assist the victims of 
child labor.

    e. Acceptable Conditions of Work.--There was no statutory minimum 
wage law; however, the mining, construction, and agricultural sectors 
set basic levels of pay through collective bargaining. However, a 2003 
survey by the Namibian Farmworkers Union claimed that nearly 40 percent 
of 200 farms surveyed paid their workers less than minimum wage. In 
Windhoek's historically disadvantaged high-population density areas, 
minimum wages for workers did not provide a decent standard of living 
for a worker and family. Wage levels for the less educated majority 
remained very low.
    The standard legal workweek is 45 hours and required at least one 
36-hour rest period per week. An employer may require no more than 10 
hours per week of overtime. The new Labor Act mandates 24 workdays of 
annual leave per year, at least 30 workdays of sick leave over a 3-year 
period, and 3 months of maternity leave paid in part by the Social 
Security Commission. However, in practice, these provisions were not 
always observed or enforced rigorously by the Ministry of Labor.
    The Government mandates occupational health and safety standards, 
and the Labor Act empowers the President to enforce these standards 
through inspections and criminal penalties. Labor laws generally were 
implemented efficiently; however, the Ministry of Labor still lacked an 
adequate number of trained inspectors to monitor adherence to such 
labor regulations as providing overtime pay and social security by some 
companies, especially small, family-owned operations. The law requires 
employers to ensure the health, safety, and welfare of their employees. 
It provides employees with the right to remove themselves from 
dangerous work situations; however, some workers did not have this 
right in practice.
    The law accords the same rights to legal foreign workers as to 
citizens.

                               __________

                                 NIGER

    Niger is a republic that returned to democracy in 1999, following 
coups d'etat in 1996 and 1999, and continued efforts to consolidate a 
democratic system and a constitutional government. On December 4, 
Tandja Mamadou was elected to his second 5-year presidential term with 
65 percent of the vote in an election that international observers 
called generally free and fair. Four parties joined the ruling 
coalition of the National Movement for the Development of Society 
(MNSD) and the Democratic and Socialist Convention (CDS) to win 88 of 
the 113 seats in the National Assembly. On December 24, Tandja re-
appointed MNSD party president Hama Amadou as Prime Minister. The 
judiciary continued to show signs of independence; however, family and 
business ties could influence lower court decisions, and there were 
reports that the executive branch influenced the judicial process. 
Judicial corruption and inefficiency were problems.
    Security forces consist of the armed forces, composed of the Army 
and Air Force; National Forces for Intervention and Security (FNIS), 
composed of the Republican Guard and the Saharan Unit for Security; 
gendarmerie (paramilitary police); and national police. The armed 
forces, under the Ministry of Defense, were responsible for internal 
and external security; the gendarmerie, also under the Defense 
Ministry, had primary responsibility for rural security; the FNIS, 
under the Interior Ministry, was responsible for domestic security and 
the protection of high-level officials and federal buildings; and the 
national police, also under the Interior Ministry, were responsible for 
urban law enforcement. Civilian authorities generally maintained 
effective control of the security forces. A few members of the security 
forces committed human rights abuses.
    The economy was market based and depended primarily on subsistence 
farming, herding, small trading, and informal markets. Approximately 15 
percent of the economy was in the formal sector, primarily in light 
industry and government services. Approximately 61 percent of the 
population of 11.2 million lived on less than a $1 a day, and the 
country's per capita income was less than $200 a year. The rate of 
economic growth in 2003 was 3 percent; the Government's projection for 
the rate of growth by year's end was 4.1 percent. Drought, locust 
infestation, deforestation, soil degradation, high population growth 
rates, and exceedingly low literacy were problems.
    The Government generally respected the human rights of its 
citizens; however, there were problems in some areas. During the year, 
security forces killed and abused persons, although there were fewer 
such incidents than in previous years. Prison conditions remained poor 
and sometimes life-threatening, and prolonged pretrial detention 
remained a problem. Police arrested a journalist and an opposition 
politician during the year. Unlike in the previous year, there were no 
reports that the Government limited freedom of speech, the press, or 
academic freedom. Security forces also forcibly dispersed violent 
student protests and injured numerous demonstrators. The Government 
continued to ban several Islamist organizations that engaged in or 
threatened violence. Domestic violence and societal discrimination 
against women continued to be serious problems. Female genital 
mutilation (FGM) persisted, despite a government ban on the practice. 
There was societal discrimination against persons with certain 
disabilities and ethnic minorities, and reports continued of a form of 
slavery or servitude. Child labor and forced or compulsory labor, 
including by children, occurred. There were reports of trafficking, 
including child prostitution.
    During the year, the Government took steps to decentralize and to 
consolidate democratic institutions by holding generally free and fair 
presidential, legislative, and municipal elections.
                        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 persons during the year.
    On January 27, Adam Amenge, the President of the local chapter of 
the National Movement for the Development of Society (MNSD) Party in 
Tchirozerine, Agadez region, was killed; Rhissa Ag Boula, the then-
Minister of Tourism, was implicated in the case and resigned. On 
February 19, Ag Boula was charged with complicity to murder and placed 
under preventative detention in the prison in Say, where he remained at 
year's end awaiting trial. On June 30, 9 of 12 other persons arrested 
in connection with the killing were granted provisional release. There 
were allegations that the killing was politically motivated; however, 
other observers claimed the motivation was personal.
    In March, in Agadez, police shot and killed an alleged murderer as 
he tried to flee the scene of the crime; one police officer was 
prosecuted, fined, and sentenced to 3 years in jail.
    On August 10, armed men attacked 3 buses along the Agadez-Arlit 
road in the northern region of Agadez; the attacks resulted in 3 
deaths, 14 injuries, and the kidnapping of 2 gendarmes, who were among 
the passengers. The armed men escaped and the whereabouts of the 
gendarmes remained unknown at year's end.
    There were no developments in the 2002 killings of a protester and 
two soldiers.
    Unlike in the previous year, there were no reports that persons 
died from landmines.
    There were no reports of ethnic violence during the year.

    b. Disappearance.--There were no reports of politically motivated 
disappearances.
    On August 10, armed men kidnapped two gendarmes, who remained 
unaccounted for at year's end (see Section 1.a.).

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The Constitution prohibits such practices; however, there 
were a few reports that security forces beat and abused persons.
    In May, security forces in Tera detained without charge a health 
worker for refusing medical treatment to the child of a Republican 
Guard; the health worker, who was released after 48 hours, reportedly 
was beaten and humiliated in detention. The case was under 
investigation at year's end.
    In June, security forces in the area of Tesker reportedly beat and 
abused persons after civilians in the area had killed a soldier during 
a fight in March. Local human rights organizations, which provided 
legal assistance to the claimants, condemned the security forces; the 
case was under investigation at year's end.
    Police used tear gas to disperse student protests (see Section 
2.b.).
    During the year, the three gendarmes from Torodi convicted in 2003 
of using excessive force during a 2002 interrogation appealed the 
judgment; the case was pending in the Appeals Court at year's end.
    During the year, armed persons claiming to reconstitute the Air and 
Azawak Liberation Front (FLAA), a former Tuareg rebel group, attacked 
vehicles and passengers in the northern region of Agadez. On June 5, 
self-proclaimed FLAA members attacked vehicles and stole money and 
valuables from the passengers; on July 8, another group attacked 
passenger vehicles and demanded the release of Rhissa Ag Boula, a 
former leader of the Tuareg rebellion and the former Minister of 
Tourism (see Section 1.a.).
    Conditions in all 35 of the country's prisons were poor and life 
threatening. Prisons were underfunded, understaffed, and overcrowded. 
For example, in Niamey's Civil Prison, there were approximately 700 
prisoners in a facility built for 350; more than 400 of these were 
awaiting trial at year's end. In 2003, a new maximum security prison 
was completed in Koutoukale for dangerous criminals, but it did little 
to relieve the prison system's severe overcrowding. Family visits were 
allowed, and prisoners could receive supplemental food, medicine, and 
other necessities from their families; however, nutrition and health 
conditions were poor, and deaths occurred from AIDS, tuberculosis, and 
malaria.
    Corruption among prison staff was rampant. Prisoners could bribe 
officials to leave prison for the day and serve their sentences in the 
evenings. Some prisoners bribed officials to serve their sentences in 
the national hospital.
    Prisoners were segregated by gender, and minors and adults were 
incarcerated separately; there was one juvenile detention center. 
Pretrial detainees were held with convicted prisoners.
    Human rights observers, including the International Committee of 
the Red Cross (ICRC), were granted unrestricted access to prisons and 
detention centers and visited them during the year.

    d. Arbitrary Arrest or Detention.--The Constitution prohibits 
arbitrary arrest and detention, and the law prohibits detention without 
charge in excess of 48 hours; however, police at times violated these 
provisions.
    The police force, which was under the direction of the Ministry of 
Interior, was ineffective, primarily because of inadequate resources. 
Basic supplies, such as vehicle fuel, radios, uniforms, handcuffs, 
batons, and badges were scarce. Patrols were sporadic, and emergency 
response time in Niamey could take 45 minutes. Police training was 
minimal, and only specialized police units had basic weapons-handling 
skills. In December 2003, the National Assembly adopted legislation 
granting police more decision-making authority and increased 
compensation; however, corruption remained pervasive.
    If police failed to gather sufficient evidence within the detention 
period, the prosecutor can give the case to another officer, and a new 
48-hour detention period begins. Poor communications hindered accurate 
identification of detainees and could result in prolonging the 48-hour 
detention period. A defendant has the right to a lawyer immediately 
upon detention, and bail is available for crimes carrying a penalty of 
less than 10 years' imprisonment. Widespread ignorance of the law and 
lack of financial means prevented many of the accused from taking full 
advantage of these rights.
    Security forces detained a journalist and an opposition politician 
during the year (see Section 2.a.).
    Police, acting under authority granted them by the Security Law, 
occasionally conducted sweeps to detain suspected criminals.
    In July, the remaining cases of the persons arrested in January 
2003 following the 2002 mutinies were reassigned to the new Military 
Court and were pending trial at year's end.
    There were serious backlogs in the judicial system. Despite legal 
limits to the pretrial confinement period of indicted persons, 
detention frequently lasted months or years; some persons have been 
waiting as long as 6 years to be charged.

    e. Denial of Fair Public Trial.--The Constitution provides for an 
independent judiciary; however, the executive branch sometimes 
interfered with the judicial process. In civilian matters, there were 
credible reports that family and business ties influenced lower court 
decisions. Judges sometimes feared reassignment or having their 
financial benefits reduced if they rendered a decision unfavorable to 
the Government. Nevertheless, there continued to be evidence of 
increased judicial independence. In May, the Constitutional Court ruled 
against changes proposed by the Government to the Electoral Code. In 
2002, the Constitutional Court noted that the Government did not have 
the right to remove the Sultan of Zinder from his position; the Sultan 
still faced fraud charges at year's end.
    Unlike in the previous year, there were no court proceedings that 
occurred in the absence of defendants and their counsel.
    Defendants and prosecutors could appeal a verdict, first to the 
Court of Appeals, then to the Supreme Court. The Court of Appeals 
reviewed questions of fact and law, while the Supreme Court reviewed 
only the application of the law and constitutional questions. There 
also were customary courts.
    Defendants have the right to counsel, to be present at trial, to 
confront witnesses, to examine the evidence against them, and to appeal 
verdicts. The Constitution affirms the presumption of innocence. The 
law provides for counsel at public expense for minors and indigent 
defendants charged with crimes carrying a sentence of 10 years or more. 
Although lawyers complied with government requests to provide counsel, 
the Government generally did not remunerate them. Widespread ignorance 
of the law prevented many accused from taking full advantage of these 
rights. There was only one defense attorney known to have a private 
practice outside the capital, although lawyers traveled to various 
locations of the country to provide legal assistance as requested.
    A military court was established in November 2003 and provides the 
same rights as civilian courts; however, it cannot try civilians.
    Traditional chiefs could act as mediators and counselors and had 
authority in customary law cases as well as status under national law, 
where they were designated as auxiliaries to local officials. Chiefs 
collected local taxes and received stipends from the Government, but 
they had no police or judicial powers and could only mediate, not 
arbitrate, customary law disputes. Customary courts, located only in 
large towns and cities, try cases involving divorce or inheritance. 
They were headed by a legal practitioner with basic legal training who 
was advised by an assessor knowledgeable in the society's traditions. 
The judicial actions of chiefs and customary courts were not regulated 
by law, and defendants could appeal a verdict to the formal court 
system. Women did not have equal legal status with men in the 
traditional and customary courts and did not enjoy the same access to 
legal redress (see Section 5).
    There were no reports of political prisoners.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The law generally requires that police conducting a 
search have a warrant, normally issued by a judge; however, police 
reportedly often conducted routine searches without warrants. Under the 
State Security Law, police may conduct searches without warrants when 
they have strong suspicion that a house shelters criminals or stolen 
property.
    In February, the five officers and one civilian whose homes were 
searched without warrant in 2002 and then were charged with high 
treason were granted provisional release; the case was transferred to 
the new Military Court.
    No action was taken against Republican Guards who in 2003 allowed 
Malian bandits of the same ethnic group to steal food and livestock 
from citizens living near the border in the Tillaberi region; however, 
the Government held meetings with affected communities 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 unlike in the previous year, 
the Government generally respected these rights in practice and did not 
restrict academic freedom. Unlike in the previous year, there were no 
reports that the Government closed down radio stations; however, 
security forces arrested a journalist and an opposition politician 
during the year.
    The Government published a French-language daily newspaper, Le 
Sahel, and its weekend edition. There were approximately 12 private 
French-language weekly or monthly newspapers, some of which were 
affiliated loosely with political parties. The private press criticized 
government actions.
    Since literacy and personal incomes were both very low, radio was 
the most important medium of public communication. The government-owned 
radio station La Voix du Sahel transmitted 14 hours per day, providing 
news and other programs in French and several local languages. There 
were several private radio stations, including Radio France 
International, Africa Number One, and Radio Bonferey; five were owned 
locally and featured popular news programs in local languages, 
including Djerma and Hausa. These private radio stations generally were 
less critical of the Government than were the private newspapers. The 
government-operated multilingual national radio service generally 
provided equitable broadcasting time for all political parties; 
however, opposition parties complained of inequitable access to media 
during local and national elections during the year.
    Television was a far less important medium than radio. The 
government-owned Tele-Sahel and TAL-TV broadcast programming in French 
and other major national languages. A private television station, TV 
Tenere, also broadcast local and foreign programming. The director of a 
private radio station operated a wireless cable television service for 
the capital, offering access to international channels.
    The news coverage of the state-owned media reflected government 
priorities. Presidential activities and conferences dealing with 
development issues always were reported. Analysis or investigative 
reporting on domestic topics was extremely rare.
    Foreign journalists circulated and reported freely. Strict 
accreditation requirements were imposed on domestic and foreign 
journalists; however, there were no reports that any journalists had 
been denied accreditation. During the year, the CSC continued to allow 
domestic broadcasting services to rebroadcast programs of foreign 
origin, such as Voice of America, British Broadcasting Corporation, 
Deutsche Welle programs, and Radio France International (RFI).
    Unlike during the previous year, the Government did not use 
existing law to criminalize slander and libel and to prosecute, 
convict, and imprison critics.
    On August 12, the Government arrested Moussa Kaka, the editor of a 
private radio station and a correspondent for RFI. Beginning in June, 
Kaka had broadcast reports on an alleged reactivation of the Tuareg 
rebellion in the north. On August 11, RFI aired an interview between 
Mohamed Ag Boula and Kaka, who was subsequently charged with conspiracy 
and failure to advise authorities of criminal activities. Kaka was 
released from custody on August 16 and instructed to remain at the 
disposal of the court for further investigation. Charges against him 
were pending at year's end.
    On December 7, the Government arrested Sanoussi Jackou, president 
of the Nigerien Party for Self-Reliance and owner of the independent 
Newspaper La Roue de l'Histoire, on charges of inciting ethnic hatred; 
on November 21, Jackou had appeared on a radio talk show and allegedly 
insulted an ethnic group. On December 16, Jackou was sentenced to 1 
month in prison and fined $100 (50,000 CFA); an appeal had been filed 
by year's end.
    On January 6, Maman Abou, the owner and editor of the weekly Le 
Republicain newspaper, was provisionally released; Abou had been 
arrested in November 2003 on defamation and theft charges after he 
published a July 2003 article that accused the Government of awarding 
several contracts to its supporters without going through a competitive 
bidding process. Charges against Abou were still pending at year's end.
    During the year, the CSC rescinded its decision to withdraw the 
temporary broadcasting licenses of 11 stations; in 2003, the Government 
had withdrawn the licenses, which allegedly had been issued improperly.
    The Government did not restrict access to the Internet or censor 
websites.

    b. Freedom of Assembly and Association.--The Constitution provides 
for freedom of assembly, and the Government generally respected this 
right. The Government retained the authority to prohibit gatherings 
either under tense social conditions or if advance notice (48 hours) 
was not provided. Political parties, including a coalition of 
opposition political parties, legally were permitted to hold 
demonstrations within a defined area.
    Police forcibly dispersed demonstrations during the year. On 
January 23, police used tear gas to disperse students at Abdou Moumouni 
University who were demonstrating violently against scholarship 
arrears, poor housing conditions, the closure of the university food 
service, and the lack of student transportation; some of the students 
were injured. Eleven of the students, who barricaded main roads, set 
tires on fire, and damaged private vehicles, were arrested and charged 
with disturbing public order and damaging public property; all 11 were 
released after 10 days. On September 30, security forces again used 
tear gas to disperse student demonstrators at the University.
    No action was taken against police who forcibly dispersed 
demonstrators in 2003 and 2002.
    The Constitution provides for freedom of association; however, 
citizens may not form political parties based on ethnicity, religion, 
or region.
    The seven militant Islamic organizations banned by the Government 
in 2002 remained banned (see Section 2.c.). During the year, two 
representatives from one of the banned organizations were released; the 
two had been arrested in 2002.

    c. Freedom of Religion.--The Constitution provides for freedom of 
religion, and the Government generally respected this right in 
practice, as long as persons respected public order, social peace, and 
national unity.
    No religious group was subsidized; however, Islam is the dominant 
religion and the Islamic Association, which acts as an official 
advisory committee on religious matters to the Government, had biweekly 
broadcasts on the government-controlled television station. On 
government-controlled media, Christian programs generally broadcast 
only on special occasions, such as Christmas and Easter; however, the 
independent media regularly broadcast such programs.
    Religious organizations must register with the Interior Ministry. 
This registration was a formality, and there was no evidence that the 
Government ever refused to register a religious organization.
    During the spring, Muslim preachers urged violent resistance to a 
U.N.-sponsored polio vaccination, claiming it was a plot by Westerners 
to sterilize Muslim children. In reaction, the Government temporarily 
detained the preachers on the grounds of inciting a riot.
    In 2002, the Government banned seven militant Islamic organizations 
on the grounds that these organizations were responsible for 
``disturbing the peace.'' No mainstream Islamic organizations or human 
rights organizations have challenged the legality of the bans, which 
still were in effect 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 law provides for freedom of movement 
and restricts neither emigration nor repatriation, and the Government 
generally respected these rights in practice. Security forces at 
checkpoints monitored the travel of persons and the circulation of 
goods, particularly near major population centers, and sometimes 
demanded payments or bribes; however, there were fewer reports of such 
actions than in previous years. There were occasional reports of 
banditry, sometimes violent, during the year (see Section 1.c.).
    The Constitution prohibits forced exile, and there were no reports 
of its use.
    The law does not provide for granting of asylum or refugee status 
in accordance with the 1951 U.N. Convention Relating to the Status of 
Refugees or its 1967 Protocol, although the country is a signatory to 
the Convention. The Government has not established a system for 
providing protection to refugees. In practice, the Government provides 
protection against refoulement, the return of persons to a country 
where they feared persecution, but did not routinely grant refugee or 
asylum 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. The UNHCR's regional office in 
Benin was responsible for refugee assistance and protection in the 
country; the Government's interministerial National Refugee Eligibility 
Committee performed refugee prescreening duties. The Government also 
provided temporary protection to individuals who may not qualify as 
refugees under the 1951 Convention/1967 Protocol, and has offered 
asylum to several thousand persons primarily from Mali and Chad. A few 
Chadian refugee families remained 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, and citizens were able to exercise that right during the 
municipal, legislative, and presidential elections held during the 
year. On December 4, Tandja Mamadou was elected to his second 5-year 
presidential term with 65 percent of the vote in an election that 
international observers called generally free and fair; however, 
international observer groups noted some irregularities on election 
day. A coalition composed of the MNSD, CDS, the Rally for Social 
Democracy, the Rally for Democracy and Progress, the Nigerien Alliance 
for Democracy and Progress, and the Social Party for Nigerien Democracy 
backed Tandja and won 88 of the 113 seats in the National Assembly.
    On July 24, local elections were held for approximately 3,700 
council members from 265 newly created communes. The ruling coalition 
won 74 percent of the seats, and the opposition Nigerien Party for 
Democracy and Socialism won 22 percent of the seats.
    The country has a power sharing presidential system with the 
President as head of state and the Prime Minister as head of 
government. The President must choose the Prime Minister from a list of 
three persons presented by the majority party or coalition in the 
National Assembly. On December 24, Tandja re-appointed MNSD party 
president Hama Amadou as Prime Minister.
    The Constitution provides for a representative one-chamber National 
Assembly and an independent judiciary. Citizens 18 years of age and 
over can vote, and voting is by secret ballot.
    Official corruption occurred, and the Government publicly 
acknowledged that it was a problem; however, no officials were 
prosecuted for corruption during the year.
    There were no laws that provided for public access to government 
information; however, many documents could be obtained from individual 
ministries and the National Archives.
    Women traditionally have played a subordinate role in politics. The 
societal practice of husbands' voting their wives' proxy ballots 
effectively disenfranchised many women in the 1999 elections; however, 
female voter turnout substantially increased during local, legislative, 
and presidential elections held during the year. There were 14 woman in 
the 113-seat National Assembly and 6 female ministers in the Cabinet. 
The law mandates that women receive 25 percent of senior government 
positions and fill 10 percent of elected seats; women won at least 10 
percent of the approximate 3,700 local counsel positions during the 
July elections.
    All major ethnic groups were represented at all levels of 
government. There were eight seats in the National Assembly designated 
for representatives of ``special constituencies,'' specifically ethnic 
minorities and nomadic populations. President Tandja, who reportedly is 
half Peul and half Kanouri, is the country's first president who is not 
from either the Hausa or the Djerma ethnic groups, which make up 
approximately 56 percent and 22 percent, respectively, of the country's 
population.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    Several independent human rights groups and associations generally 
operated without government restriction, investigating and publishing 
their findings and conclusions that often were highly critical of the 
Government. Government officials often were unresponsive to their views 
and denied allegations of human rights abuses. The ICRC was active in 
the country.
    The mandate of the Commission on Human Rights and Fundamental 
Liberties, which the Government created and funds, includes 
communication, advocacy, and investigation of human rights abuses. In 
2002, the Government recommended adding civil servants from the 
Ministries of Justice, Interior, Social Development, and Labor to the 
Commission; however, this restructuring reduced the representation from 
civil society and limited the Commission's independence.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The Constitution prohibits discrimination based on sex, social 
origin, race, ethnicity, or religion; however, in practice, there were 
instances of societal discrimination against women, children, ethnic 
minorities, and persons with disabilities, including limited economic 
and political opportunities.

    Women.--Domestic violence against women was widespread, although 
reliable statistics were not available. Wife beating reportedly was 
common. Families often intervened to prevent the worst abuses, and 
women may (and did) divorce because of physical abuse. While women have 
the right to seek redress for violence in the customary or modern 
courts, few did so due to ignorance of the legal system, fear of social 
stigma, or fear of repudiation. Women's rights organizations reported 
that prostitution often was the only economic alternative for a woman 
who wanted to leave her husband.
    Rape is a crime punishable by 10 to 30 years' imprisonment 
depending upon the circumstance and age of the victim. Reliable 
statistics were not available.
    FGM was practiced by certain ethnic groups; approximately 20 
percent of women in the country had undergone FGM, according to a 1999 
World Health Organization global study. Clitoridectomy was the most 
common form of FGM. FGM is against the law, and under the law, those 
convicted of practicing FGM and their accomplices face prison sentences 
from 6 months to 3 years; if the victim of FGM dies, the practitioner 
can be sentenced from 10 to 20 years' imprisonment. The Government also 
took an active role in combating FGM and worked closely with local 
NGOs, community leaders, UNICEF, and other donors to develop and 
distribute educational materials at government clinics and maternal 
health centers and participated in information seminars and publicity.
    Prostitution, which is illegal, was more prevalent in big cities 
and near major mining and military sites.
    Sexual harassment was criminalized, and violators face prison 
sentences from 3 to 6 months and fines from $20 to $200 (10,000 to 
100,000 CFA francs). If the violator is in a position of authority, the 
prison sentence is from 3 months to 1 year and the fine is increased to 
from $40 to $400 (20,000 to 200,000 CFA francs).
    Despite the Constitution's provisions for women's rights, deep-
seated traditional and religious beliefs resulted in discrimination in 
education, employment, and property rights. Discrimination was worse in 
rural areas, where women did much of the subsistence farming as well as 
childrearing, water- and wood-gathering, and other work. Despite 
constituting 47 percent of the work force, women remained 
underrepresented in civil service and professional employment.
    Legal rights as heads of household applied only to men; divorced or 
widowed women, even with children, were not considered to be heads of 
households. In the east, there were reports that some women were 
cloistered and could leave their homes only if escorted by a male and 
usually only after dark.
    National service, which lasted from 18 months to 2 years, was 
mandatory for all young men and women who completed university studies 
or professional training. Men were allowed to serve in the military as 
part of their national service obligation; however, even though women 
were allowed to serve in the military, they could meet their national 
service obligation only by serving as teachers, health service workers, 
or technical specialists.
    In December, the Ministry of Social Development's office to promote 
and protect women's rights became a separate ministry, the Ministry of 
Women's Promotion and Child Protection. The Government continued to 
work toward the passage of the Family Law, which addresses many 
fundamental rights of women.

    Children.--Although the Constitution provides that the Government 
should promote children's welfare, financial resources for this purpose 
were extremely limited. The minimum period of compulsory education was 
6 years; however, according to the Ministry of Basic Education, only 
approximately 50 percent of children of primary school age attended 
school, and approximately 60 percent of those who finished primary 
schools were boys. The majority of young girls were kept at home to 
work and were married at a young age, rarely attending school for more 
than a few years. This resulted in a female literacy rate of 9 percent 
compared with 25 percent for males as reported in a 2002 UNESCO report. 
Literacy rates, particularly for girls, were even lower in rural areas.
    Some families entered into marriage agreements under which young 
girls from rural areas were sent by the age of 10 or 12 and sometimes 
younger to join their husband's family under the tutelage of their 
mother-in-law.
    FGM was performed on young girls in many parts of the country by 
certain ethnic groups (see Section 5, Women).
    The trafficking and commercial sexual exploitation of children was 
a problem (see Section 5, Trafficking).
    Child labor was a problem (see Section 6.d.).
    Infanticide occurred, and 80 percent of the female prison 
population were charged with the crime. According to the Ministry of 
Justice, infanticide resulted from severe economic conditions.
    There were many displaced children, mostly boys, begging on the 
streets of the larger cities. Most of these boys came from rural areas 
and were indentured to Koranic schools by their parents due to economic 
hardships (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, from, and within the country. Traffickers could be 
prosecuted under a 2003 revision of the penal code that criminalizes 
slavery; sentences for conviction ranged from 10 to 30 years' 
imprisonment.
    Unlike in the previous year, there were no prosecutions of 
traffickers during the year.
    The Ministries of Justice, Interior, and Social Development shared 
responsibility for combating trafficking in persons. The National 
Commission for the Coordination of the Fight Against Trafficking in 
Persons continued its work during the year.
    There was evidence that the country is a transit point for persons 
trafficked between Nigeria, Benin, Togo, Ghana, Burkina Faso, and Mali; 
final destinations also included North African and European countries. 
The country is a destination for a small number of trafficked persons. 
Internal trafficking also occurred, and there was anecdotal evidence 
that clandestine networks victimized young girls who worked as 
household helpers.
    Internal trafficking of young boys for labor and young girls for 
prostitution from rural to urban areas occurred. There were credible 
reports of underage girls being drawn into prostitution, sometimes with 
the complicity of the family. There also were reports that child 
prostitution was especially prevalent along the main East-West highway, 
particularly between the towns of Birni N'konni and Zinder. Child 
prostitution is not criminalized specifically, and there was no precise 
age of consent; however, the law prohibits ``indecent'' acts toward 
minors. It was left to a judge to determine what constituted an 
indecent act. Such activity and a corollary statute against ``the 
incitement of minors to wrongdoing'' were punishable by 3 to 5 years in 
prison.
    There also were reports of internal trafficking that included the 
indenturing of boys to Koranic teachers. In response to economic 
hardship, some rural parents sent their sons to learn the Koran in the 
cities where, in return for their education, the boys supported their 
teachers by begging on the streets or doing manual labor.
    Trafficking in persons generally was conducted by small-time 
operators who promised well-paid employment in the country. Victims, 
primarily from neighboring countries, were escorted through the 
formalities of entering the country, where they found that their 
employment options were restricted to poorly paid domestic work or 
prostitution. Victims had to use a substantial portion of their income 
to reimburse the persons who brought them to the country for the cost 
of the trip. Compliance was enforced by ``contracts,'' which were 
signed by illiterate victims before they departed their countries of 
origin; alternatively, the victim's travel document simply was seized. 
A local nongovernmental organization (NGO) also reported that some 
rural children were victims of domestic trafficking in which the victim 
(or his/her family) was promised a relatively decent job only to be 
placed in a home to work as a servant.
    The Government provided no services for trafficking victims; 
however, it supported the efforts of the ICRC and CARITAS in providing 
food, temporary shelter, and primary health care.
    During the year, the Government sponsored anti-trafficking 
information and education programs, including an International Labor 
Organization (ILO) outreach campaign to traditional chiefs.

    Persons With Disabilities.--The Constitution mandates that the 
State provide for persons with disabilities; however, the Government 
had not implemented regulations to mandate accessibility to buildings, 
transportation, and education for those with special needs. Limited 
government health care benefits were available to persons with 
disabilities, and NGOs provided many services and programs. Societal 
discrimination existed against persons with disabilities, particularly 
mental disabilities and leprosy.

    National/Racial/Ethnic Minorities.--The Hausa and Djerma ethnic 
groups made up approximately 56 percent and 22 percent, respectively, 
of the country's population. These two groups also dominated government 
and business, and many believed that nepotism existed along ethnic 
lines. Tandja Mamadou was the country's first president who is neither 
Hausa nor Djerma. Minority ethnic groups, such as Tuaregs, Arabs, 
Peuls, Toubous, and Kanouris, were represented through special 
constituencies in the National Assembly; minority representation at the 
municipal level increased as a result of the July elections. In the 
past, many of these ethnic groups asserted that the Hausa and Djerma 
groups discriminated against them. The Government increased educational 
opportunities and health care access by constructing schools and health 
clinics in remote areas, often to the benefit of ethnic minorities. 
During the annual Cure Salee and other festivals of desert nomads, the 
Government provided medical, veterinary, and legal services; however, 
some nomadic ethnic minorities continued to be dissatisfied with 
government efforts to meet their unique needs.
    During the year, there were reports of continued banditry in the 
north that may have involved former Tuareg rebels (see Section 1.c.).
    Limited security issues existed in the south as a result of 
continued conflict over land use between farming and herding groups.
    On November 20, in the town of Fassi, a longstanding dispute 
between farmers and herders over grazing land erupted into violence 
when herders beat the son of a farmer. In retaliation, residents of the 
farming town burned down the herders' village, which resulted in the 
deaths of 13 persons and the injuring of 30 others. Authorities 
arrested several suspects, and an investigation was ongoing at year's 
end.
    During the year, there no developments in the October 2003 
retaliatory killings of Tuaregs by a group of Toubou; conflicts between 
the two groups, who were nomadic herders, resulted from disputes over 
grazing areas and water points.

    Other Societal Abuses and Discrimination.--Despite strong 
government efforts to discourage discrimination against persons with 
HIV/AIDS, societal discrimination against such persons occurred.
Section 6. Worker Rights
    a. The Right of Association.--The Constitution provides formal 
recognition of workers' right to establish and join trade unions, and 
workers exercised this right in practice; however, more than 95 percent 
of the work force was employed in the nonunionized subsistence 
agricultural and small trading sectors.

    b. The Right to Organize and Bargain Collectively.--In addition to 
the Constitution and the Labor Code, there is a basic framework 
agreement between unions, employers, and the Government that defines 
all classes and categories of work, establishes basic conditions of 
work, and defines union activities. The Labor Code is based on ILO 
principles, and it protects the right to organize. In private and 
state-owned enterprises, unions used their right to bargain 
collectively without government interference for wages above the legal 
minimum and for more favorable work conditions. Collective bargaining 
also existed in the public sector. There are no export processing 
zones.
    The Constitution provides for the right to strike, except for 
security forces and police, and workers exercised this right in 
practice.

    c. Prohibition of Forced or Compulsory Labor.--The Labor Code 
prohibits forced or compulsory labor, except for legally convicted 
prisoners, and slavery is prohibited; however, a traditional form of 
slavery or servitude still was practiced by the Tuareg, Djerma, and 
Arab ethnic minorities, particularly in remote northern regions and 
along the border with Nigeria.
    Persons born into a traditionally subordinate caste were often 
expected to work without pay for those above them in the traditional 
social structure. According to Timidria, a local human rights NGO that 
actively worked against the practice, 7 percent of the population 
worked under such conditions. Individuals could legally change their 
situations; however, most did not and accepted their circumstances. In 
2003, Timidria conducted a survey of 11,000 persons born into 
servitude; 80 percent reportedly indicated that the persons for whom 
they worked determined who they married and whether their children 
attended school.
    The 2002 case of a Tuareg man from Tanout who claimed he was 
threatened with castration for planning a revolt against the person he 
worked for was pending at year's end.
    The Labor Code does not prohibit specifically forced or compulsory 
labor by children, and there were credible reports of underage girls 
being drawn into prostitution and of underage boys working as laborers 
in mines, slaughterhouses, and rice fields (see Sections 5 and 6.d.).

    d. Prohibition of Child Labor and Minimum Age for Employment.--The 
law permits child labor in nonindustrialized enterprises under certain 
conditions; however, law and practice prohibit child labor in 
industrial work, and child labor was a problem.
    Children under the age of 14 must obtain special authorization to 
work, and those 14 to 18 years of age were limited to a maximum of 4+ 
hours per day and certain types of employment so schooling may 
continue. The law requires employers to ensure minimum sanitary working 
conditions for children. Ministry of Labor inspectors were responsible 
for enforcing child labor laws; however, resource constraints limited 
their ability to do so.
    Child labor practically was nonexistent in the formal (wage) 
sector, and there were no known instances of the use of child labor in 
factories; however, children worked in the unregulated agricultural, 
commercial, and artisan sectors, and some--including foreign--youths 
were hired in homes as general helpers and baby sitters for very low 
pay.
    The majority of rural children regularly worked with their families 
from a very early age--helping in the fields, pounding grain, tending 
animals, getting firewood and water, and other similar tasks. Some 
children were kept out of school to guide a blind relative on begging 
rounds. Others sometimes were employed by Koranic teachers to beg in 
the streets (see Section 5).
    Child labor also occurred in the largely unregulated gold mining 
sector and in slaughterhouses. Children working in gold mines were 
particularly vulnerable to poor ventilation, collapse hazards, and 
insufficient lighting; they also were susceptible to alcohol and 
substance abuse.
    The Ministry of Labor, which was responsible for implementing ILO 
Convention 182 on the Worst Forms of Child Labor, continued working 
with UNICEF and the International Program on the Elimination of Child 
Labor to complete the first phase of a program to determine the extent 
of the problem. The program addressed four areas: Improving conditions 
in underground gold mines around Komabongu; increasing awareness about 
child labor at the national slaughterhouse in Niamey; teaching 
marketable skills to street children in Birni N'konni; and reducing 
labor hours and teaching marketable skills to children who worked in 
agriculture on islands in the Niger River around Tillaberi.
    Forced and compulsory labor by children occurred (see Section 5).

    e. Acceptable Conditions of Work.--The Labor Code establishes a 
minimum wage for salaried workers of each class and category within the 
formal sector; however, minimum wages did not provide a decent standard 
of living for workers and their families. The lowest minimum wage was 
$40.00 (20,000 CFA francs) per month. Additional salary was granted at 
$2.00 (1,000 CFA francs) per month per child. Government salaries have 
largely been paid on time. Most households had multiple earners 
(largely in informal commerce) and relied on the extended family for 
support.
    The legal workweek was 40 hours with a minimum of one 24-hour rest 
period; however, for certain occupations, the Ministry of Labor 
authorized longer workweeks of up to 72 hours. There were no reports of 
violations during the year.
    The Labor Code also establishes occupational safety and health 
standards; however, due to staff shortages, inspectors focused on 
safety violations only in the most dangerous industries: Mining, 
building, and manufacturing. The gold mining industry was largely 
unregulated. Although generally satisfied with the safety equipment 
provided by employers, citing in particular adequate protection from 
radiation in the uranium mines, union workers in many cases were not 
well informed of the risks posed by their jobs. Workers have the right 
to remove themselves from hazardous conditions without fear of losing 
their jobs; however, in most cases this did not occur in practice.

                               __________

                                NIGERIA

    Nigeria is a federal republic composed of 36 states and a capital 
territory, with an elected president and a bicameral legislature 
drawing their authority from the 1999 Constitution. In April 2003, 
President Olusegun Obasanjo of the People's Democratic Party (PDP) was 
reelected to a 4-year term after being declared winner in elections 
that were marred by what international and domestic observers termed to 
be serious irregularities and fraud, including political violence. The 
elections also resulted in the ruling PDP claiming 70 percent of the 
seats in the national legislature and 75 percent of the state 
governorships. Throughout the year, opposition parties continued to 
challenge the election in court. On December 20, an election tribunal 
voided part of the 2003 election results, including the entire result 
of Ogun State, President Obasanjo's home state, and found that there 
was significant rigging, but by a 3-1 vote, declined to overturn the 
election. The opposition immediately announced that it would appeal the 
verdict to the Supreme Court in 2005. Although the judicial branch 
remained susceptible to executive and legislative branch pressures, the 
performance of the federal courts exhibited growing independence. State 
and local judiciary were significantly influenced by political leaders 
and suffered from corruption and inefficiency more than the federal 
court system.
    The Federal Nigeria Police Force (NPF) is tasked with law 
enforcement and the Inspector-General of Police (IGP) reports directly 
to the President. Internal security is the duty of the State Security 
Service (SSS), which reports to the President through the National 
Security Advisor. Police were unable to control ethno-religious 
violence on numerous occasions during the year, and the Government 
continued its reliance on the army in some cases. While civilian 
authorities generally maintained effective control of the security 
forces, there were some instances in which elements of the security 
forces acted outside the law. Members of the security forces committed 
numerous human rights abuses.
    The Central Bank reported that country's market-based economy grew 
10.2 percent in real terms in 2003. Inadequate infrastructure, endemic 
corruption, and general economic mismanagement hindered economic 
growth. Most of the population of approximately 137 million was rural 
and engaged in small-scale agriculture, which accounted for only 35.8 
percent of gross domestic product. Increased unemployment was a 
problem. Much of the country's wealth remained concentrated in the 
hands of a small elite. Corruption, nontransparent government 
contracting practices, and other practices favored the wealthy and 
politically influential, including a banking system that impeded small 
and medium investor access to credit and regulatory and tax regimes 
that were not always enforced impartially. Wages and benefits have not 
kept pace with inflation. There were numerous work stoppages at 
different levels of government due to salary nonpayment. The 
International Labor Organization (ILO) estimated that 96 million 
citizens lived below the poverty line and were vulnerable to 
malnutrition and disease.
    The Government's human rights record remained poor, and the 
Government continued to commit serious abuses. Nationwide local 
government elections held during the year were not generally judged 
free and fair and therefore abridged citizens' right to change their 
government. Security forces committed extrajudicial killings and used 
excessive force. There were several politically motivated killings by 
unknown persons during the year. Security forces regularly beat 
protesters, criminal suspects, detainees, and convicted prisoners. 
There were fewer reported incidents of torture by security agents than 
in previous years. Impunity was a problem. Shari'a courts sentenced 
persons to harsh punishments including amputations and death by 
stoning; however, there were no reports of amputation or stoning 
sentences carried out during the year. Prison conditions were harsh and 
life threatening, and conditions contributed to the death of numerous 
inmates. Security forces continued to arrest and detain persons 
arbitrarily, including for political reasons. Prolonged pretrial 
detention remained a serious problem. The judicial system often was 
incapable of providing criminal suspects with speedy and fair trials. 
Government authorities occasionally infringed on citizens' privacy 
rights.
    The Government at times restricted freedom of speech and press. The 
Government continued placing limits on freedom of assembly, citing 
security concerns. Some state governments placed limits on some 
religious rights, and some government programs discriminated between 
religious groups. The Government occasionally restricted freedom of 
movement for security reasons in areas of unrest and used lethal force 
at checkpoints. Domestic violence and discrimination against women 
remained widespread. Female genital mutilation (FGM) remained widely 
practiced in some parts of the country, and child abuse and child 
prostitution were common. Intercommunal violence remained a problem. 
Some militant members of ethnic groups throughout the country, 
particularly in the oil-producing Niger Delta region, continued to 
commit serious abuses, including unlawful killings. Ethnic and regional 
discrimination remained widespread, and localized religious 
discrimination and violence persisted. Restrictions on worker rights 
continued. Some persons, including children, were subjected to forced 
labor. Child labor continued to be a problem. Trafficking in persons 
for purposes of prostitution and forced labor was a problem, and 
collusion of government officials in trafficking was alleged. Vigilante 
violence continued throughout the country, particularly in parts of the 
South.
                        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 
politically motivated killings by the Government or its agents. 
National police, army, and security forces committed extrajudicial 
killings or used excessive force to apprehend criminals and to disperse 
protestors during the year, when crowds were perceived by police as 
possibly becoming violent. Police and the armed forces were instructed 
to use lethal force against suspected criminals and suspected vandals 
near oil pipelines in the Niger Delta Region. Multinational oil 
companies and domestic oil producing companies often hired private 
security forces and subsidized living expenses for police and soldiers 
from area units assigned to protect oil facilities in the volatile 
Niger Delta region. Freelance security forces and former security 
forces accounted for a portion of the violent crime committed during 
the year.
    The Federal anticrime taskforce, also known as ``Operation Fire for 
Fire,'' was among the most frequent human rights offenders. Operation 
Fire for Fire was established in response to widespread public calls 
for the Government and police to address violent crime more vigorously. 
Police and anticrime taskforce personnel committed extrajudicial 
killings in the apprehension and detention of suspected criminals. 
There were widespread complaints that Operation Fire for Fire has given 
a largely untrained police force broad latitude in using deadly force. 
In most cases, police officers were not held accountable for excessive 
or deadly force, or for the deaths of persons in custody. They 
generally operated with impunity in the apprehension, illegal 
detention, and sometimes execution of criminal suspects (see Section 
1.d.).
    During the year, police, military, and anticrime personnel 
continued to regularly use lethal force against suspected criminals. On 
December 28, the Inspector-General of Police, Tafa Balogun, announced 
that police killed 1,694 ``suspected armed robbers'' during the year.
    For example, in a coordinated operation on September 11 and 12, 
police in Bauchi and Zamfara States killed 11 suspected armed robbers 
and arrested 5 others. In a press conference, the Bauchi police command 
announced that 36 armed robbers had been killed over a 2-month period.
    On October 18, Kaduna residents tried to exhume 10 to 19 bodies 
from a common grave in a local cemetery. Police had allegedly buried 
the bodies that morning. Residents of the area believed the bodies were 
of activists who had been arrested during the previous week's fuel 
strike. While convening a panel to investigate the deaths, the Kaduna 
State governor claimed that they were armed robbers killed in a 
exchange of gunfire. The panel had not produced its findings by year's 
end.
    No further action was taken during the year in the 2003 cases of 
killings of suspected criminals by police in Ado Ekiti, Enugu State, 
Kubwa, or Bauchi State.
    Criminal suspects died from unnatural causes while in official 
custody, usually as the result of neglect and harsh treatment (see 
Section 1.c.). For example, on February 4 in Edo State, Prince Vincent 
Omo-Oribhabor, a 65-year-old PDP chieftain, died less than 24 hours 
after police arrested him. The body was immediately embalmed before it 
was released to the family, making an autopsy impossible.
    In August, in Jigawa State, an accused rapist was beaten and killed 
by four policemen while being transported to a police station for 
questioning. No action was taken against the four policemen.
    Harsh and life-threatening prison conditions and denial of proper 
medical treatment also contributed to the deaths of numerous inmates. 
There was no action in the 2003 death of Haruna Mohammed while in 
police custody during the year.
    Security forces committed other unlawful killings during the year. 
In several cases, police accidentally killed persons while attempting 
to disperse crowds. For example, on October 15, the second day of the 
Muslim holy month of Ramadan, police killed two persons and wounded 
three or four others in Gusau, the capital of Zamfara State in 
northwest Nigeria. A crowd had approached the state government's 
building to demand annual Ramadan gifts from the Zamfara State 
Governor. Police at the gates stopped the crowd from advancing, a 
scuffle ensued, and police opened fire. No action was taken against the 
police officers by year's end.
    There was no action taken in the 2003 cases of the police shootings 
of a debtor's pregnant wife and a commercial motorcycle rider.
    Violence and lethal force at police and military roadblocks and 
checkpoints continued during the year. For example, on June 3 in Ekiti 
State, police killed two and injured four in a commercial bus when the 
driver could not pay a $0.15 (20 naira) bribe.
    In June use of in Kwara State, a police inspector shot a member of 
the National Union of Road Transport Workers who attempted to intercede 
for a commercial driver arguing with police over a bribe.
    There was no further action taken in the 2003 cases of bribe-
related killings in Ebonyi, Jigawa, and Delta States.
    Police and military personnel used excessive and sometimes deadly 
force in the suppression of civil unrest, property vandalization, and 
interethnic violence (see Sections 5 and 6.b.). There were reported 
occurrences of summary executions, assaults, and other abuses carried 
out by military personnel and paramilitary mobile police across the 
Niger Delta.
    In response to public pressure or formal requests from state 
governments, the Federal Government continued to deploy the army in 
troubled areas during the year. During the ethno-religious crisis in 
parts of Plateau State, the military was deployed to quell the violence 
(see Section 2.c.). Similarly, in parts of Benue State, especially in 
the Kwande Local Government Area (LGA), the military was deployed to 
assist the police in maintaining peace. There were reports of excessive 
force in these two operations.
    In 2003, the Government began ``Operation Restore Hope,'' a joint 
task force comprising approximately 5,000 army, naval, air force, and 
mobile police personnel under the command of Army General Zamani, in 
response to violence in the Niger Delta region (see Section 5). In June 
and September, the Government established additional task forces to 
respond specifically to increased violence in Rivers State. During the 
year, task force personnel and militant youths had numerous skirmishes 
and encounters. Amnesty International estimated 500 casualties in 
Rivers State and surrounding areas. Human rights organizations have 
accused the military and police of harassment, extortion, and excessive 
use of force in the region.
    There were several killings by unknown persons that may have been 
politically motivated. For example, on February 6, unknown assailants 
killed Chief Aminasoari K. Dikibo, the former national vice-chairman of 
the ruling PDP. No arrests were made by year's end.
    On March 7, Chief Philip Olorunnipa, the chairman of the Kogi State 
electoral commission, was killed in his home in Adumo Kabba. Four days 
earlier, Luke Shigaba, the former Bassa LGA chairman was also killed. 
No arrests were made in either case by year's end.
    On October 12, Jerry Agbeigbe, a prominent labor activist and 
former president of the National Association of Pilots and Engineering, 
was shot and killed. At year's end, three suspects were in custody, but 
had not been tried.
    There were no developments in the 2003 killings of Uche Ogbonnaya 
and Marshall Harry.
    Of the suspects charged in 2002 with the murder of Justice Minister 
and Attorney General Bola Ige, five, including Senator Iyiola Omisore, 
were released in April. Seven others, including prime suspect Ademola 
Adebayo and six other aides of the slain Minister, were released in 
October due to insufficient evidence.
    There were no known developments in the reported 2002 cases of 
politically motivated killings by unknown assailants.
    Politically-related violence occurred throughout the country during 
nationwide LGA elections, especially when PDP candidates were announced 
as winners in contested local government elections, in some cases after 
another candidate had been declared the winner. For example, in January 
in Kontagora, Niger State, at least seven persons were killed during a 
riot following the release of local government election results.
    In March, in Donga, Taraba State, 30 civilians and 1 soldier were 
killed when protests over the local government election results turned 
violent. The military was called in to restore order, but fired live 
ammunition into the crowd. The crowd then beat one soldier to death. 
Also, in March in Burutu and Asaba, Delta State, up to five persons 
were killed during a riot after the announcement of local election 
results in which all PDP candidates were declared the winners.
    There were no developments in the following 2003 cases of electoral 
violence: The February killings of seven persons in Benue State, and 
the May killings of eight persons in Delta State.
    Killings carried out by organized gangs of armed robbers remained 
common during the year. In most southeastern states, state governments 
supported vigilante groups, the most well-known of which was the 
``Bakassi Boys,'' officially known as the Anambra State Vigilante 
Service. Like most vigilante groups, the Bakassi Boys sometimes killed 
suspected criminals rather than turn them over to police. Although some 
killings continued, the influence of the Bakassi Boys and other 
vigilante groups in the Southeast diminished during the year.
    Other organized vigilante groups continued to commit numerous 
killings of suspected criminals. For example, on May 14, a vigilante 
group in Yobe State killed a shop owner, claiming he had confessed to 
armed robbery. The same group killed two others, allegedly for being 
``godfathers'' to gangs of armed robbers. The Yobe State governor 
publicly praised the leader of the group, Sarkin Baka, for his actions.
    On May 17, three suspected armed robbers were beaten and burned to 
death by a vigilante group in Ebonyi State. A group leader claimed the 
three had launched an unsuccessful attack on some residents.
    No action was taken against members of vigilante groups who killed 
or injured persons during the year or in previous years, although 
police reportedly harassed members of such groups.
    Reports of street mobs apprehending and killing suspected criminals 
diminished during the year, and there were no developments in cases 
from previous years.
    Lethal interethnic, intraethnic, and interreligious violence 
occurred at increased levels from previous years (see Sections 2.c. and 
5). Sporadic communal violence continued between Tivs, Jukuns, and 
other tribes in Adamawa, Kogi, Edo, Delta, Nassarawa, and Plateau 
states during the year, killing hundreds of persons.
    Tensions between members of ethnic groups in the oil-producing 
areas and employees and contractors of oil companies remained high. On 
April 23, two foreign oil services contract workers, a local contract 
worker, and two local security personnel were killed in an apparent 
botched kidnapping attempt by unknown actors. One foreign contract 
worker was critically injured. No persons were arrested by year's end.
    During the year, fighting between and among rival student affinity 
groups, commonly known as cults, in higher institutions led to the 
killing of persons and destruction of property. In August, 33 students 
died due to cult rivalries' violence; 15 from Ebonyi State University 
and 18 from Enugu State University of Science and Technology. Smaller 
scale clashes in a number of schools around the country led to 
significant destruction of property. Isolated clashes included cases of 
personal injury and rape. Cultism activities expanded during the year 
to include clashes between all-female cult groups.
    There was no resolution in the 2003 or 2002 cases involving deaths 
in cult clashes.

    b. Disappearance.--There were reports of politically motivated 
disappearances during the year. For example, the Government still had 
not responded to a court order to release a Kaduna central mosque imam 
whom the Government has detained since May 2003. The imam was assumed 
still to be in custody, although there were no updates during the year.
    During the year, there were few reports of hostage situations in 
the country. In July, workers of Forasol Drilling West Africa in 
Bayelsa State commandeered an oil rig to protest the company's 
employment policies. The workers held nine expatriate employees for a 
day, until the state governor negotiated their safe release. In 
December in Bayelsa State, members of the Iduwini National Movement for 
Peace and Development commandeered a seabulk vessel contracted to Shell 
Nigeria. The men released most of the crew, but held one Croatian crew 
member for ransom and other concessions. Within a few days, Bayelsa 
State officials negotiated the release of the crew member, who was 
freed unharmed.
    In previous years, some kidnappings, particularly in the Delta, 
appeared to have been part of longstanding ethnic disputes over 
resources. Due to limited manpower and resources, police and armed 
forces rarely were able to confront the perpetrators of these acts, 
especially in the volatile Delta region.

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The Constitution prohibits such practices, and the law 
provides for punishment of such abuses; however, during the year, 
police, military, and security force officers regularly beat 
protesters, criminal suspects, detainees, and convicted prisoners. 
Police physically mistreated civilians regularly in attempts to extort 
money from them. The law prohibits the introduction into trials of 
evidence and confessions obtained through torture. In some cases, 
persons died from torture in custody (see Section 1.a.).
    Different formulations for criminal law of Islamic Shari'a were in 
place in 12 northern states (see Section 2.c.). Shari'a courts 
delivered ``hudud'' sentences such as amputation for theft, caning for 
fornication and public drunkenness, and death by stoning for adultery, 
but no death sentence has been carried out. Because no applicable case 
has been appealed to the federal level, federal appellate courts have 
yet to decide whether such punishments violate the Constitution (see 
Section 1.e.). Stoning and amputation sentences have been overturned on 
procedural or evidentiary grounds, but have not been challenged on 
constitutional grounds. Caning is also a punishment under common law in 
the Northern Region Penal Code and has not been challenged in the 
courts as a violation of the Constitution. In some cases, convicted 
persons are allowed to choose to pay a fine or go to jail in place of 
receiving strokes of the cane. These sentences were usually carried out 
immediately, while all sentences involving mutilation or death allow 30 
days for appeal.
    In September in Bauchi State, Daso Adamu, a nursing mother, was 
sentenced to death by stoning after admitting to having sex with her 
first husband after her second husband absconded. The man was freed for 
lack of evidence. In October, she was released on bail on the grounds 
that she was breastfeeding. In December, a Shari'a appeals court 
vacated the conviction and sentence, ruling that her pregnancy was 
insufficient evidence to convict her.
    In October in Bauchi State, Hajara Ibrahim was sentenced to death 
by stoning for adultery after becoming pregnant outside of wedlock. 
According to the Shari'a court that convicted her, she confessed to 
having sex with a man who had promised to marry her. The man was 
released for lack of evidence. The defendant appealed the sentence, 
stating that she should have been charged with the lesser crime of 
fornication, rather than adultery. In November, a Shari'a appeals court 
overturned the conviction and sentence, ruling that she had never 
consummated an arranged marriage, and therefore should never have been 
charged with adultery.
    During the year, there were several other cases with sentences of 
stoning or amputation pending appeal or sentence implementation. No 
stoning or amputation sentences were carried out during the year.
    Security forces tortured persons, although there were fewer reports 
of torture than in previous years. For example, three police officers, 
one infected with HIV/AIDS and another with syphilis, were accused of 
abducting, raping and torturing two female students of the Enugu State 
University of Science and Technology on September 27. In October, the 
three policemen were arrested and charged in this case, and dismissed 
from the police force.
    On June 3, in Kwara State, a police officer shot at a bus outside 
Ilorin, wounding a university student. The policeman was dismissed from 
the force.
    There were no updates in the 2003 cases of the suspected rapist 
beaten by police in Ogun State, the three Ekiti State legislators 
beaten by mobile policemen, or the case of the two policemen arrested 
in Lagos for allegedly raping prostitutes they had arrested.
    Security forces beat journalists during the year (see Section 
2.a.).
    There were numerous ethnic clashes during the year (see Sections 
2.c. and 5), in which the number of persons who were beaten or injured 
severely was higher than in previous years. The military was generally 
able to respond quickly because military units were already deployed in 
some areas when violence broke out. Police generally lacked the 
resources to control communal violence.
    Prison and detention conditions remained harsh and life 
threatening. Most prisons were built 70 to 80 years ago and lacked 
functioning basic facilities. Lack of potable water, inadequate sewage 
facilities, and severe overcrowding resulted in unhealthy and dangerous 
sanitary conditions. Some prisons held 200 to 300 percent more persons 
than their designed capacity. The Government acknowledged overcrowding 
as the main cause of the harsh conditions common in the prison system. 
Prolonged pretrial detention contributed to the overcrowding (see 
Section 1.d.).
    Disease was pervasive in the cramped, poorly ventilated facilities, 
and chronic shortages of medical supplies were reported. Prison inmates 
were allowed outside their cells for recreation or exercise only 
irregularly, and many inmates had to provide their own food. Only those 
with money or whose relatives brought food regularly had sufficient 
food; petty corruption among prison officials made it difficult for 
money provided for food to reach prisoners. Poor inmates often relied 
on handouts from others to survive. Beds or mattresses were not 
provided to many inmates, forcing them to sleep on concrete floors, 
often without a blanket. Prison officials, police, and security forces 
often denied inmates food and medical treatment as a form of punishment 
or to extort money from them. Harsh conditions and denial of proper 
medical treatment contributed to the deaths of numerous prisoners. 
According to the NGO Prisoners Rehabilitation and Welfare Action 
(PRAWA), dead inmates promptly were buried on the prison compounds, 
usually without notifying their families. A nationwide estimate of the 
number of inmates who died in the country's prisons was difficult to 
obtain because of poor record keeping by prison officials.
    No further information was available on the 2003 case of the Lagos 
inmates placed in intensive care after a tuberculosis outbreak.
    In practice, women and juveniles were held with male prisoners, 
especially in rural areas. The extent of abuse in these conditions was 
unknown. In most cases, women accused of minor offenses were released 
on bail; however, women accused of serious offenses were detained. 
Although the law stipulates children shall not be imprisoned, juvenile 
offenders were routinely incarcerated along with adult criminals. The 
Prison Service officially required separation of detainees and 
convicted prisoners; however, in practice the method of confinement 
depended solely on the capacity of the facility. As a result, detainees 
often were housed with convicted prisoners.
    The Government allowed international and domestic NGOs, including 
PRAWA and the International Committee of the Red Cross (ICRC), regular 
access to prisons. PRAWA and the ICRC published newsletters on their 
work. The Government admitted that there were problems with its 
incarceration and rehabilitation programs and worked with groups such 
as these to address those problems.

    d. Arbitrary Arrest or Detention.-- The Constitution prohibits 
arbitrary arrest and detention; however, security forces generally did 
not observe these prohibitions. Police and security forces continued to 
use arbitrary arrest and detention.
    The NPF is tasked with law enforcement. Each state unit was 
commanded by an Assistant Inspector General. The Constitution prohibits 
local and state police forces. The NPF continued its aggressive 
anticrime campaign dubbed ``Operation Fire for Fire,'' which was 
responsible for human rights abuses and did not noticeably decrease the 
incidents of violent crime nationwide (see Section 1.a.). Corruption 
was rampant, usually taking the form of bribes at highway checkpoints, 
and in 2003, more than 250 police were arrested during the year and 
another 300 dismissed from service for corruption. In addition, in 
2003, more than 30 officers around the country were arrested in 
connection with armed robbery. Police generally operated with impunity 
in the apprehension, illegal detention, and sometimes execution of 
criminal suspects.
    Police and security forces were empowered to make arrests without 
warrants based on a reasonable suspicion that a person had committed an 
offense; they often abused this power. Under the law, police may detain 
persons for 24 hours before charging them with an offense. The law 
requires an arresting officer to inform the accused of charges at the 
time of arrest and to take the accused to a police station for 
processing within a reasonable amount of time. By law, police must 
provide suspects with the opportunity to engage counsel and post bail. 
However, police generally did not adhere to these procedures in 
practice. Suspects routinely were detained without being informed of 
the charges, denied access to counsel and family members, and denied 
the opportunity to post bail for bailable offenses. Detainees often 
were kept incommunicado for long periods of time. The provision for 
bail often was arbitrary or subject to extrajudicial influence. In many 
parts of the country, there was no functioning system of bail, so 
suspects were held in investigative detention for prolonged periods of 
time. Numerous suspects alleged that police demanded payment before 
they were taken to court to have their cases heard. If family members 
attended court proceedings, police often demanded an additional 
payment.
    Persons who happened to be in the vicinity of a crime when it was 
committed normally were held for interrogation for periods ranging from 
a few hours to several months. After their release, those detained 
frequently were asked to return repeatedly for further questioning.
    There were several politically motivated arrests during the year. 
For example, on May 27, 20 members of the Movement for the 
Actualisation of the Sovereign State of Biafra (MASSOB) were arrested 
in Ebonyi State and taken to Abuja, where they were held without 
charges until October, when they were charged with conspiracy to commit 
treason and released on bail. In September, 53 MASSOB members were 
arrested in Lagos, but charges were not filed; most were released on 
bail by year's end.
    In August, three Owu tribal elders in Ogun State were arrested and 
held for 2 days after speaking out against President Obasanjo's 
annulment of the election of the new Owu leader.
    Security forces detained journalists during the year (see Section 
2.a.).
    During the year, police arrested demonstrators and labor leaders 
during strikes (see Sections 2.b. and 6.b.).
    Members of the Oodua People's Congress (OPC), a militant Yoruba 
group operating in the Southwest that claims its objective is to 
protect the collective rights of the Yoruba within the federation, 
continued to be arrested and detained without trial. Some members were 
charged as armed robbers and tried accordingly. However, relations with 
police continued to improve, and OPC operated freely during the year.
    There were no updates in the reported 2002 cases of arbitrary 
arrest and detention.
    Lengthy pretrial detention remained a serious problem. Serious 
backlogs, endemic corruption, and undue political influence continued 
to hamper the judicial system (see Section 1.e.). Mid-year data from 
the Prisons Service indicated that 23,742 prisoners, approximately 60 
percent of total prisoners, were detainees awaiting trial. Multiple 
adjournments in some cases led to serious delays. Police cited their 
inability to securely transport detainees to trial on their trial dates 
as one reason why so many were denied a trial. The National Human 
Rights Commission (NHRC) reported that some detainees were held because 
their case files had been lost. Some state governments released inmates 
detained for significant periods of time without trial.
    In September, an Ikorodu High Court responded to the 2002 suit 
filed by 350 inmates challenging the constitutionality of their 
detention without trial and ordered the release of 280 Kirikiri Prison 
inmates who were awaiting trial. The Lagos State Ministry of Justice 
appealed the ruling. On October 30 and 31, 120 inmates were released 
for counseling and rehabilitation to NGOs and religious organizations. 
The rest remained in detention at year's end.
    The persons charged in the 1996 attempted murder of Alex Ibru had 
not been tried by year's end (see Section 2.d.). Hamza Al Mustapha, one 
of the defendants, was charged in October with plotting to overthrow 
President Obasanjo's Government from his jail cell, although Al 
Mustapha supposedly was held incommunicado.

    e. Denial of Fair Public Trial.--The Constitution provides for an 
independent judiciary; however, the judicial branch remained 
susceptible to executive and legislative branch pressure. Decisions at 
the federal level exhibited greater independence. Political leaders 
influenced the judiciary, particularly at the state and local levels. 
Understaffing, underfunding, inefficiency, and corruption continued to 
prevent the judiciary from functioning adequately. Citizens encountered 
long delays and frequent requests from judicial officials for small 
bribes to expedite cases.
    The Ministry of Justice implemented strict requirements for level 
of education and length of service for judges at the Federal and State 
levels. However, there were no requirements or monitoring body for 
judges at the local level, and corruption and miscarriages of justice 
were common.
    The recommendations of the 1993 Esho Panel, set up to investigate 
corruption in the judiciary, called for the ``withdrawal'' of 47 
judicial officials. No judges have been removed for irregularities 
cited in the Panel's report.
    The regular court system is composed of federal and state trial 
courts, state appeals courts, the Federal Court of Appeal, and the 
Federal Supreme Court. There are Shari'a (Islamic) and customary 
(traditional) courts of appeal in states that use those bases for civil 
or criminal law, including in the Federal Capital Territory (Abuja). 
Courts of the first instance include magistrate or district courts, 
customary or traditional courts, Shari'a courts, and for some specified 
cases, the state high courts. The Constitution also provides that the 
Government establish a Federal Shari'a Court of Appeal and Final Court 
of Appeal; however, the Government had not yet established such courts 
by year's end.
    The nature of a case usually determined which court had 
jurisdiction. In principle, customary and Shari'a courts had 
jurisdiction only if both plaintiff and defendant agreed; however, in 
practice, fear of legal costs, delays, distance to alternative venues, 
community pressure, and individual preference caused many litigants to 
choose the customary and Shari'a courts over other venues. In some 
states, cases involving only Muslims must be heard by a Shari'a court.
    Other states with Shari'a law permitted Muslims to choose common 
law courts for criminal cases; however, societal pressure forced most 
Muslims to use the Shari'a court system.
    According to the Constitution, persons charged with offenses have 
the right to an expeditious trial. Criminal justice procedures call for 
trial within 3 months of arraignment for most categories of crimes; 
however, there were considerable delays, often stretching to several 
years, in bringing suspects to trial (see Section 1.d.). Most detainees 
were poor and could not afford to pay the costs associated with moving 
their trials forward, and as a result they remained in prison. 
Wealthier defendants employed numerous delay tactics and, in many 
cases, used bribes to persuade judges to grant numerous continuances. 
Such practices clogged the court calendar and prevented trials from 
starting.
    Trials in the regular court system were public and generally 
respected constitutionally protected individual rights in criminal 
cases, including a presumption of innocence, and the right to be 
present, to confront witnesses, to present evidence, and to be 
represented by legal counsel. However, there was a widespread 
perception that judges were easily bribed or ``settled,'' and that 
litigants could not rely on the courts to render impartial judgments. 
Many courts were understaffed, and personnel were paid poorly. Judges 
frequently failed to appear for trials, often because they were 
pursuing other means of income, and sometimes because of threats 
against them. In addition, court officials often lacked the proper 
equipment, training, and motivation to perform their duties, again 
primarily due to inadequate compensation.
    In both common law and Shari'a courts, indigent persons without 
legal representation were more likely to have their sentences carried 
out immediately upon being sentenced, although all accused persons have 
the right to appeal. In 2003 The Government instituted a panel of legal 
scholars to draft a uniform Shari'a criminal statute to replace 
divergent Shari'a statutes adopted by various northern states; however, 
the panel did not produce its report during the year, and states 
continued to apply their individual codes.
    There were no legal provisions barring women or other groups from 
testifying in civil court or giving their testimony less weight; 
however, the testimony of women and non-Muslims usually was accorded 
less weight in Shari'a courts. In violation of mainstream Shari'a 
jurisprudence, some Kadis (Muslim judges) subjected women to harsh 
sentences for fornication or adultery based solely upon the fact of 
pregnancy, while men were not convicted without eyewitnesses unless 
they confessed. For example, in September and October in Bauchi State, 
two women were sentenced to death by stoning for having sex out of 
wedlock, but the two men involved were acquitted for lack of evidence 
(see Section 1.c.), although a higher court overturned the women's 
convictions.
    There were no reports of political prisoners.

    f. Arbitrary Interference With Privacy, Family, Home or 
Correspondence.--The Constitution prohibits such actions; however, 
authorities at times continued to infringe on these rights.
    Police raided homes without warrants during the year.
    Police and security forces continued the practice of holding 
relatives and friends of wanted suspects in detention without criminal 
charge to induce suspects to surrender to arrest. Human rights groups 
called for police to end the practice. Purdah, the practice of keeping 
girls and women in seclusion from men outside the family, continued in 
parts of the country, which restricted the freedom of movement of 
women.
Section 2 Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The Constitution provides for 
freedom of speech and of the press; however, the Government at times 
restricted these rights. While there were many private newspapers and 
magazines that published freely, there were also numerous attacks 
carried out by security forces during the year. Some journalists 
practiced self-censorship. The Government owned and controlled most of 
the electronic media and some publications; however, there was also a 
large and vibrant private domestic press that was frequently critical 
of the Government. Following the privatization of the Daily Times, only 
one national, government-owned daily newspaper was published, the New 
Nigerian. In addition to English, the New Nigerian published a Hausa 
edition. Several states owned daily or weekly newspapers that also were 
published in English. These publications tended to be poorly produced, 
had limited circulation, and required large state subsidies. By year's 
end, there were more than 10 major daily newspapers, 6 weekly 
newsmagazines, and several sensational evening newspapers and tabloid 
publications.
    Because newspapers and television were relatively expensive and 
literacy levels were low, radio remained the most important medium of 
mass communication and information. There was a government-owned 
national radio broadcaster, the Federal Radio Corporation of Nigeria, 
which broadcast in English, Hausa, Yoruba, Igbo, and other languages; 
and 51 state radio stations, which broadcast in English and local 
languages. The National Broadcasting Commission (NBC), the body 
responsible for the deregulation and monitoring of the broadcast media 
licensed at least three private radio stations in 2003. There were 
nearly a dozen private radio stations operating during the year.
    The National Television Station, NTA, was federally owned, and 30 
states also operated television stations. There were nine privately 
owned television stations that broadcast domestic news and political 
commentary. There were five private satellite television services. The 
law requires that local television stations limit programming from 
other countries to 40 percent and restricted the foreign content of 
satellite broadcasting to 20 percent; however, the Government did not 
restrict access to, or reception of, international cable or satellite 
television.
    International broadcasting, principally Voice of America and 
British Broadcasting Corporation, as well as Deutsche Welle and others, 
broadcast in English and Hausa and were an important source of news in 
the country. Unlike in the previous year, there were no reports that 
the Government denied international broadcasting organizations 
accreditation renewals.
    Effective April 1, the NBC banned live broadcast of foreign news 
and programs. The Commission stated the ban was established because it 
would be unprofessional for a station to broadcast live any content 
over which it had no editorial control.
    During the year, there were multiple cases of threats against and 
attacks on the press. Security forces beat journalists on several 
occasions during the year. For example, on May 4, the police in Enugu 
beat journalists covering the appeals court judgment on election 
petitions. On June 10, heavily armed police beat eight journalists who 
were at the Nigerian Union of Journalists Press Center in Osogbo to 
cover a lecture organized by a local NGO working in the areas of 
democracy and governance. The police alleged that the organizers of the 
lecture constituted a security risk in the state.
    Security forces also detained journalists during the year. For 
example, on July 4, police in Kano arrested and detained Kola Olalere, 
the Kano State correspondent of Nigerian Tribune (which is owned by 
Kano State), for allegedly publishing false information on a looming 
crisis in Kano. On August 11, police in Jigawa State detained two 
photojournalists for over 7 hours for allegedly releasing photographs 
that ridiculed the state government. On September 4, the SSS entered 
the office of the Lagos independent weekly news magazine, Insider, and 
impounded the weekly edition, seized computers, checkbooks, and other 
valuables and arrested and detained three members of the staff. The SSS 
explained that they took these actions because the publishers of the 
magazine had consistently attacked and humiliated the office of 
President Obasanjo. The detained journalists were released shortly 
after the incidents.
    There were incidents in which security forces interfered with 
journalists. For example, on April 17, the police in Ondo State seized 
the tape recorder of Niyi Bello, The Guardian correspondent, and the 
video camera of a NTA crew while they were covering an incident of 
police brutality.
    On April 22 in Ibadan, police attached to the Ekiti State governor 
seized and smashed the camera of a photojournalist on the allegation 
that he was trying to take photographs of the governor's official jeep.
    On October 15, security agents stopped the broadcast of Port 
Harcourt Rhythm Radio's interview with Asari-Dokubo, a militia leader 
in the country's Niger Delta region, and threatened the staff with 
arrest and closure of the station if they aired the interview.
    There were no further known developments in the reported 2002 
cases.
    In 2003, the Government announced that journalists covering the 
National Assembly were required to have all material cleared before 
publication. Journalists protested, and the requirement was dropped.
    There were no developments in the November 2003 case of the three 
editors charged with sedition and criminal defamation in relation to a 
magazine article alleging the involvement of government officials in 
questionable oil deals.
    Editors reported that government security officers sometimes 
visited or called to demand information about a story or source. Local 
NGOs suggested that newspaper editors and owners underreported actual 
human rights abuses and killings due in part to self-censorship. State 
broadcasters and journalists remained important tools for governors; 
these officials used the state-owned media to showcase the state's 
accomplishments and to promote their own political goals.
    Unlike in the previous year, there were no reports that foreign 
journalists who sought to enter the country to cover political 
developments experienced delays in obtaining a visa, were issued only 
single entry visas, or were forced to pay bribes to expedite visa 
processing, due to their status as journalists. However, on November 
27, Time magazine reporter Stephan Farris arrived at Lagos airport on a 
flight from Kenya with a valid visa. The SSS detained Farris overnight, 
then returned him to immigration officials, who placed him on a return 
flight to Kenya, excluding him from the country. The SSS gave no reason 
for deporting Farris.
    The Government did not restrict access to the Internet.
    State governments continued to restrict academic freedom by 
controlling curriculum at all levels including mandating religious 
instruction. Student groups alleged that numerous strikes, inadequate 
facilities, and the rise of cultism (or gangs) on campuses, 
particularly in the South, continued to hamper educational progress 
(see Section 1.a.).

    b. Freedom of Peaceful Assembly and Association.--The Constitution 
provides for freedom of assembly, and the Government respected this 
right for pro-government rallies, while opposition gatherings continued 
to be restricted. In areas that experienced communal violence, police 
and security forces permitted public meetings and demonstrations on a 
case-by-case basis.
    The Government continued nominally to require organizers of outdoor 
public functions to apply for permits, although both government 
authorities and those assembling often ignored this requirement.
    The law prohibited gatherings whose political, ethnic, or religious 
content might lead to unrest. Open-air religious services away from 
places of worship remained prohibited in many states due to fears that 
they might heighten interreligious tensions. The Ondo State ban on 
open-air religious events remained in effect during the year, and the 
Kaduna State government ban on processions, rallies, demonstrations, 
and meetings in public places was enforced on a case-by-case basis. A 
security forces' committee ban on all political, cultural, and 
religious meetings in Plateau State was be implemented on an ad hoc 
basis. The Government denied opposition permits to rally to opposition 
groups.
    On May 15, police in Lagos fired tear gas and shot into the air to 
disperse a rally organized by human rights groups. Many persons 
sustained injuries. Several human rights leaders, including Nobel 
Laureate Professor Wole Soyinka, were arrested, detained, and later 
released.
    No action was taken against security forces who killed or injured 
persons while forcibly dispersing protests in 2003 or 2002.
    The Constitution provides for the right to associate freely with 
other persons in political parties, trade unions, or special interest 
associations, and the Government generally respected this right in 
practice. The Constitution allows the free formation of political 
parties. There were 30 parties registered with Independent National 
Electoral Commission (INEC) during the year.

    c. Freedom of Religion.--The Constitution provides for freedom of 
religion and while the Federal Government generally respected religious 
freedom, there were some instances in which limits were placed on 
religious activity to address security and public safety concerns.
    The Constitution prohibits state and local governments from 
adopting an official religion; however, some Christians have alleged 
that Islam has been adopted as a de facto state religion in several 
northern states, citing criminal law aspects of Shari'a law and the 
continued use of state resources to fund the construction of mosques, 
the teaching of Kadis, and pilgrimages to Mecca (``hajj''). However, 
several states, including northern states, also used government 
revenues to fund Christian pilgrimages to Jerusalem. In general, 
states, whether dominated by Christians or Muslims, favored the faith 
practiced by the majority of residents. Estimates indicated 
approximately half of the country's population practiced Islam, more 
than 40 percent practiced Christianity, and the remainder practiced 
traditional indigenous religions or no religion.
    The Constitution provides that states may elect to use Islamic 
(Shari'a) laws and courts. There were 12 northern states that have 
adopted at least parts of Shari'a law--Sokoto, Kebbi, Niger, Kano, 
Katsina, Kaduna, Jigawa, Yobe, Bauchi, Borno, Zamfara, and Gombe. 
Adherence to Shari'a provisions is compulsory for Muslims in some 
states and optional in others. Non-Muslims are not required in any 
state to submit to Shari'a jurisdiction, although in some states they 
have the option, which may work to a defendant's advantage when the 
penalty under Shari'a is less severe.
    Christian and Islamic groups planning to build new churches or 
mosques are required by law to register with the Corporate Affairs 
Commission (CAC). The CAC did not deny registration to any religious 
group during the year. Many nascent churches and Islamic congregations 
ignored the registration requirement, and a small number, most notably 
those in Abuja, had their places of worship shut down when zoning laws 
were enforced.Several northern state governments continued to ban 
public proselytizing to avoid ethno-religious violence; however, some 
proselytizing groups remained active despite these formal bans, which 
generally were enforced on a case-by-case basis.
    The Constitution does not require students to receive instruction 
in a religion other than their own; however, the Ministry of Education 
requires public school students throughout the country to undergo 
either Islamic or Christian religious instruction. State authorities 
claimed that students were permitted not to attend classes taught in a 
religion other than their own and that students may request a teacher 
of their own religion to provide alternative instruction. However, 
there were often no teachers of ``Christian Religious Knowledge'' in 
many northern schools, and of ``Muslim Religious Knowledge'' in some 
southern schools.
    No further action was taken in the 2003 incident in which members 
of the Moslem Students of Nigeria organization were charged with public 
disturbance after they invaded primary and secondary schools in Oyo 
State.
    Although distribution of religious publications was generally 
unrestricted, the Government sporadically enforced a ban against 
broadcasting religious advertisements on state-owned radio and 
television stations.
    Although the expanded Shari'a laws technically do not apply to non-
Muslims, the non-Muslim minority has been affected by certain social 
provisions of Shari'a, such as the separation of the sexes in public 
schools and health and transportation services. Non-Muslims were not 
required to wear the hijab during the year. Many social provisions 
associated with Shari'a have roots in the country's pre-Islamic 
societies and were in practice before the states adopted Shari'a. Most 
states have not criminalized alcohol consumption by non-Muslims; 
however, in May, Kano State announced that non-Muslims would be fined 
approximately $380 (50,000 naira) or sentenced to up to a year in 
prison for drinking or selling alcohol other than in certain 
restaurants and on military bases.
    A number of states with expanded Shari'a law have long sanctioned 
private vigilante Shari'a enforcement groups (known as Hisbah); in some 
cases these groups had authority to make arrests. The Governor of 
Jigawa State mobilized a statewide Shari'a enforcement committee to 
arrest, detain, and prosecute Muslim offenders. The Hisbah groups were 
not very active during the year.
    The law prohibits religious discrimination in employment and other 
practices; however, private businesses frequently discriminated on the 
basis of religion or ethnicity in their hiring practices and purchasing 
patterns. In nearly all states, ethnic rivalries between ``indigenes'' 
and ``settlers'' led to some societal discrimination against minority 
ethnic and religious groups.
    Religious differences often mirror regional and ethnic differences. 
For example, persons in the North and in parts of the Middle Belt were 
overwhelmingly Muslim and from the large Hausa and Fulani ethnic groups 
that tended to dominate these areas. Many southern ethnic groups are 
predominantly Christian. In many areas of the Middle Belt, Muslim 
Fulani tend to be pastoralists, while the Muslim Hausa and most 
Christian ethnic groups tended to be farmers or work in urban areas. 
Consequently ethnic, regional, economic, and land use competition and 
confrontations often coincided with religious differences between the 
competing groups.
    It is not unusual for two different ethnic groups with a long 
history of conflict to have adopted different religions with the effect 
of exacerbating existing tensions. For example, retaliatory political 
violence in Plateau State escalated during the year. The violence 
reached its peak in May when a mainly Christian Tarok militia from a 
nearby town in Plateau State massacred more than 500 mainly Muslim 
Hausa/Fulani residents in Yelwa village. The massacre occurred after a 
February incident in Yelwa in which more than 40 Christian Taroks were 
burned to death in a church.
    A week later in Kano State, Muslims staged a peaceful rally 
protesting the violence against Muslims in Plateau State. The rally 
took on a religious dimension when unemployed youth began vandalizing 
businesses belonging to Christians and erupted into mob violence in 
which more than 300 Muslims and Christians were killed.
    In mid-May, after the violence subsided, the Government declared a 
state of emergency in Plateau State; however, the state of emergency 
did not negatively affect religious freedom.
    In June, at least 50 persons were killed in Numan, Adamawa State 
during fighting that began over the rebuilding of the central mosque 
near a Christian Bachama leader's palace, causing riots between ethnic 
Bachama Christians and ethnic Hausa Muslims. In response to the June 
violence, the Governor of Adamawa dethroned the Bachama leader and 
ordered the relocation of the mosque.
    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; however, police 
occasionally restricted freedom of movement by enforcing curfews in 
areas with ethno-religious violence.
    In May, police in the Federal Capital Territory limited the number 
of Muslims entering Abuja to attend Friday Juma'at prayers at the 
National mosque to minimize attendance at a rally in favor of 2003 
opposition presidential candidate.
    Curfews were in place in parts of Plateau State after violence 
there in May (see Section 2.c.). Parts of Yobe and Borno States 
experienced restrictions in movement at times of clashes with the so-
called ``Nigerian Taliban.''
    Law enforcement agencies used roadblocks and checkpoints to search 
for criminals and to prevent persons traveling from areas of conflict 
to other parts of the country where their presence might instigate 
retaliatory violence. There were no reports that government officials 
restricted mass movements of individuals fleeing ethnic unrest. 
Security and law enforcement officials continued to use excessive force 
at checkpoints and roadblocks and engage in extortion and violence (see 
Section 1.a.).
    There was no law that required women to obtain permission from a 
male relative to obtain a passport.
    Unlike in previous years, there were no reports that activists and 
Abacha regime opponents were questioned upon entry or exit to the 
country at Murtala Mohammed International Airport in Lagos. Unlike in 
the previous year, Mohammed Abacha, former military ruler General Sani 
Abacha's son, was no longer confined to the city of Kano, but required 
permission to travel outside Nigeria, pending arrest and trial for the 
1996 attempted murders of Abraham Adesanya, leader of the Yoruba group 
Afenifere, and Alex Ibru, publisher of the Guardian newspaper. Ismaila 
Gwarzo, national security advisor to former President Abacha, remained 
restricted to his hometown in Kano State at year's end.The Constitution 
prohibits the expulsion of citizens, and the Government did not use 
forced exile.
    During periods of ethno-religious violence, numerous persons were 
displaced from their places of residence (see Section 5). According to 
Amnesty International, tens of thousands of persons were displaced in 
the Niger Delta region during the year due to continued ethnic and 
communal conflict. In May and June, reprisals to root out criminal 
groups displaced many persons, primarily from Ijaw villages. In June 
through September, gang fighting in Port Harcourt resulted in thousands 
of displaced persons. In August, as the result of an improved although 
still tenuous security situation in Delta State, persons displaced by 
violence in 2003 began returning to some parts of Warri. However, the 
majority of persons displaced in 2003 had not returned by year's end.
    The Lagos office of the U.N. High Commissioner for Refugees (UNHCR) 
estimated that 12,000 refugees, mostly ethnic Fulani herders, remained 
in Cameroon. In December, 315 of the refugees returned to the country. 
At year's end, UNHCR and the governments of Nigeria and Cameroon were 
preparing for the return of the remaining refugees who wanted to 
return. The UNHCR stated that it was safe for Ogoni refugees to return, 
but only a few families were repatriated during the year.
    The law provides for the granting of asylum and refugee status to 
persons in accordance with the 1951 U.N. Convention Relating to the 
Status of Refugees or its 1967 Protocol, and the Government has 
established such 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 cooperated with the 
UNHCR and other humanitarian organizations in assisting refugees and 
asylum seekers through the National Commission for Refugees (NCR), its 
Federal Commissioner, and the National Emergency Management Agency 
NEMA. The Eligibility Committee (on which the UNHCR had observer 
status), governed the granting of refugee status, asylum, and 
resettlement, and reviewed refugee and resettlement applications. The 
Committee met in January and July. The Committee granted 238 asylum 
seekers refugee status; cases were rejected, with 990 cases pending at 
year's end.
    There were an estimated 9,000 recognized refugees living in the 
country. During the year, 1,017 refugees were repatriated to Liberia 
and Sierra Leone. Remaining refugees included others from Sierra Leone, 
Liberia, Chad, Rwanda, and the Democratic Republic of the Congo. 
Refugee camps were generally overcrowded, and refugees' requests for 
police and judicial assistance generally received less attention. The 
National Commission for Refugees managed the camps and had 10 staff 
members based in the camps.
    To maintain stability in Liberia, the Government provided asylum 
for Charles Taylor, former President of Liberia, during the year. 
Although the U.N. Special Court for Sierra Leone requested Taylor's 
extradition, President Obasanjo maintained that Taylor would be handed 
over only to a democratically elected Liberian government.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The Constitution provides citizens with the right to change their 
government peacefully through periodic free and fair elections held on 
the basis of universal suffrage; however, citizens' right to change 
their government was abridged during nationwide Local Government Area 
elections held from January to April and the April 2003 state and 
national elections.
    Voter registration for the 2003 national elections was carried out 
in 2002, and there were charges that millions of eligible voters were 
unable to register due to an apparent shortage of registration 
materials. In addition, there were allegations of improper hoarding of 
registration materials by politicians. A final voters list, required by 
law for the elections, was not published.
    The 2003 legislative elections were marred by widespread fraud. The 
turnout was significantly (under 50 percent) for the 2003 presidential 
and gubernatorial elections, which were also marred by widespread 
fraud. A total of 31 parties participated in the April 2003 National 
Assembly elections, and 19 parties had presidential candidates in the 
election. The European Union observer mission categorized the 
presidential elections as extremely poor, stating that in the worst six 
states, elections effectively were not held, and in the rest of the 
country the elections were seriously marred. All major independent 
observer groups, international and domestic, had negative statements 
about the fairness of elections and cited problems throughout the 
country. Problems included ballot stuffing, intentional miscounting, 
underage voting, multiple voting, intimidation, and violence, including 
political killings (see Section 1.a.). There were numerous attempts to 
kill members of political parties during the year. There also were 
several cases of politically motivated arrests (see Section 1.d.). 
Although all parties participated in the misconduct; observers cited 
violations by the ruling PDP significantly more than others. Some 
election tribunal cases related to the flawed 2003 elections were still 
ongoing at year's end. More than 90 percent of the cases that had been 
decided by year's end were simply dismissed on technicalities.
    The opposition All Nigeria People's Party challenged the election 
of Governor Boni Haruna from the ruling PDP in Adamawa State. On March 
25, an electoral tribunal upheld the challenge and cancelled the 
election results in 14 of the 21 local government councils are ordered 
a fresh round of voting. In July, an appeals court in Jos overturned 
the tribunal's verdict, announcing that the initial evidence was 
``absolutely inadequate.'' No further appeal was possible according to 
electoral law.
    On December 20, an election tribunal voided part of the 2003 
presidential election results, including the entire result of Ogun 
State, President Obasanjo's home state, and found that there was 
significant rigging but, by a 3-1 vote, declined to overturn the 
election. The opposition immediately announced that it would appeal the 
verdict to the Supreme Court in 2005.
    INEC's actions during the year continued to raise serious rule of 
law questions. INEC again refused to provide the presidential election 
tribunal with subpoenaed official documents such as the 2003 election 
National Register of Voters, which is legally required before any valid 
general election can be held. INEC also refused to provide candidate 
lists and voter tally sheets and refused a new request for some states' 
official 2003 election returns. In November, INEC testified before the 
tribunal that requirements in law for INEC's independence did not apply 
to the Electoral Commissioners who run INEC at the national and state 
levels; to most of INEC's professional staff; to much of its election-
day staff at polling and collation places; and most importantly, to all 
of the returning officers during a presidential election except the 
Chairman of INEC (who is directly appointed by the President). For its 
few remaining positions where independence was required by the act, 
INEC contended that only political party membership was prohibited, and 
it was up to challengers (such as the candidate challenging the 2003 
presidential election) to provide the membership roll of their 
opponent's political party to prove an INEC official had been a member 
on a specific day while working for INEC.
    The political system remained in transition. The three branches of 
the Government acted somewhat independently, although the executive 
branch dominated the other two branches.
    The Constitution contains provisions for the removal of the 
president, vice president, ministers, legislators, and state government 
officials for gross misconduct or medical reasons. The press and 
legislative investigators scrutinized several public officials closely.
    There were multiple court cases in progress stemming from the 
disputed May 2003 gubernatorial elections in Anambra State, which 
brought Governor Chris Ngige to power. Separately, court cases 
continued surrounding the July 2003 abduction of the Governor and the 
subsequent removal of his security detail. During this abduction, 
mobile police allegedly forced the Governor's resignation, which he 
later recanted. In September at the World Igbo ngress, Anambra State 
political ``godfather'' Chris Uba claimed that Ngige, his former 
protege, had not won his 2003 re-election bid, but that Uba had bribed 
the INEC to announce fraudulent results. No action had been taken 
against Uba by year's end. On November 10 and 11, roving armed bands 
burned several buildings in Anambra State including the governor's 
residence and state elections commission building. The police 
reportedly did not respond to these arsons. Many accused Uba of being 
behind the arsons as part of his ongoing quest to oust Governor Ngige. 
On November 12, President Obasanjo convened a security meeting to 
discuss the emergency and formed a Presidential Peace Committee, led by 
Ebonyi State Governor Sam Egwu, to help resolve the crisis. On November 
29, local press reported that gunmen attempted to kill Ngige. However, 
the Anambra head of police and a member of Ngige's own staff 
subsequently contradicted these press reports. The following day, 
several small bombs exploded at the governor's lodge; no one was 
injured. Separately on November 29, an appeals court restored the 
Governor's full security detail. By year's end, there were no arrests 
as a result of the arsons in the state.
    Corruption was massive, widespread, and pervasive, at all levels of 
the government and society (see Section 1.e.). On November 8, the 
Minister of Finance, Ngozi Ikonjo-Iweala, launched the Ministry's Anti-
Corruption Unit to serve as the official forum to report wrongdoing by 
Ministry of Finance officials.
    The 2003 prosecution of the former Labor Minister and other senior 
government officials on corruption charges had not been completed by 
year's end.
    Men continued to dominate the political arena, and NGOs continued 
to protest the limited representation of women in the political 
process. Although there were more than 500 ministerial and National 
Assembly positions, there were only 3 female ministers, 3 female 
senators, and 12 female representatives.
    The Constitution mandates that the composition of the federal, 
state, and local governments and their agencies, as well as the conduct 
of their affairs, reflect the diverse character of the country to 
promote national unity and loyalty. The Government was an example of 
this diversity: President Obasanjo is a Yoruba from the southwest, the 
Vice President is a Fulani from the northeast, and the Senate President 
is an Igbo from the southeast. The Government also attempted to balance 
other key positions among the different regions and ethnic groups. The 
Senate used its oversight role to reject many of President Obasanjo's 
ambassadorial appointments and insisted on three appointments from each 
state. The political parties also engaged in ``zoning,'' a practice of 
rotating positions within the party among the different regions and 
ethnic groups to ensure that each region was given adequate 
representation. Despite this effort, with more than 250 ethnic groups, 
it was difficult to ensure representation of every group in the 
Government (see Section 5).
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    A number of domestic and international human rights groups 
generally operated without government restriction, investigating and 
publishing their findings on human rights cases. Government officials 
generally were cooperative and responsive to their views. Criticism of 
the Government's past human rights' record was abundant in various 
media. Human rights activists continued to complain that President 
Obasanjo and members of his Government did not meet with them as 
frequently as they did during the early years of his first 
administration.
    The case in which the Center for Law Enforcement Education (CLEEN) 
sued the Government over the 2002 seizure of its human rights report 
had not been heard by year's end.
    The ICRC was active, with offices in Abuja and Lagos under the 
direction of a regional delegate. Its primary human rights activities 
during the year involved training prison officials on human rights, 
sanitation, and prisoner health (see Section 1.c.).
    The NHRC, which was tasked with monitoring and protecting human 
rights in the country, enjoyed greater recognition by and coordination 
with NGOs and worked to establish its credibility as an independent 
monitoring body. The NHRC was chaired by retired justice Uche Omo, 
included 15 other members, and had zonal affiliates in each of the 
country's 6 political regions. Since its inception, the NHRC has been 
underfunded. The NHRC was a member of the International Coordinating 
Committee of National Human Rights Institutions (ICC).
    The Benue Commission, established in 2002 to investigate the 2001 
killing of approximately 200 civilians, rape, extortion, and looting in 
Benue State by soldiers, submitted its report to the Government in 
2003, but the report held no one accountable and made no 
recommendations for corrective action.
    Civil rights groups released the report of the Human Rights 
Violations Investigation Commission, commonly known as the Oputa panel. 
The Government held that the Supreme Court had found the panel's 
mandate to be unconstitutional, so it planned no further action 
regarding the report's findings.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The Constitution prohibits discrimination based on community, place 
of origin, ethnic group, sex, religion, or political opinion; however, 
customary and religious discrimination against women persisted, social 
discrimination on the basis of both religion and ethnicity remained 
widespread, and ethnic and regional tensions continued to contribute to 
serious violence, both between citizens and the security forces and 
between groups of citizens.

    Women.--Domestic violence was widespread and accepted by both men 
and women. Reports of spousal abuse particularly wife beating were 
common. Police normally did not intervene in domestic disputes, which 
seldom were discussed publicly. The Penal Code permits husbands to use 
physical means to chastise their wives as long as it does not result in 
``grievous harm,'' which is defined as loss of sight, hearing, power of 
speech, facial disfigurement, or life-threatening injuries. In more 
traditional areas of the country, courts and police were reluctant to 
intervene to protect women who formally accused their husbands if the 
level of alleged abuse did not exceed customary norms in the areas. 
According to the 2003 Nigeria Demographic and Health Survey (NDHS), 
64.5 percent of women and 61.3 percent of men agree that a husband was 
justified in hitting or beating his wife for at least one of six 
specified reasons, including burning food and not cooking on time.
    Rape was against the law. Rape and sexual harassment continued to 
be problems. The practice of demanding sexual favors in exchange for 
employment or university grades continued to be common, and rape 
continued to be epidemic in universities.
    The NDHS estimated the FGM rate at approximately 19 percent among 
the nation's female population, and the incidence has declined steadily 
in the past 15 years. While practiced in all parts of the country, FGM 
was much more prevalent in the southern part of the country. Women from 
northern states were less likely to undergo the severe type of FGM 
known as infibulation. The age at which women and girls were subjected 
to the practice varied from the first week of life until after a woman 
delivers her first child; however, three-quarters of the survey 
respondents who had undergone FGM had the procedure before their first 
birthday. According to the survey, the principal perceived ``benefits'' 
of FGM include maintaining chastity/virginity before marriage, giving 
the victim better marriage prospects, providing more sexual pleasure 
for men (primarily according to male respondents), and aiding safe 
childbirth.
    The Federal Government publicly opposed FGM; however, it took no 
legal action to curb the practice. There were no federal laws banning 
FGM. Because of the considerable problems that anti-FGM groups faced at 
the federal level, most refocused their energies to combat the practice 
at the state and LGA levels. Bayelsa, Edo, Ogun, Cross River, Osun, and 
Rivers States have banned FGM. However, once a state legislature 
criminalized FGM, NGOs found that they had to convince the LGA 
authorities that state laws were applicable in their districts. The 
Ministry of Health, women's groups, and many NGOs sponsored public 
awareness projects to educate communities about the health hazards of 
FGM. They worked to eradicate the practice; however, they had limited 
contact with health care workers on the medical effects of FGM.
    Prostitution was a serious social problem, particularly in urban 
areas. A number of states enforced existing laws or introduced laws to 
combat prostitution. All states that have adopted Shari'a have 
criminalized prostitution, and this ban was enforced with varying 
degrees of success. Prostitution was not illegal in Lagos State; 
however, authorities used statutes that outlaw pandering as a 
justification to arrest prostitutes. Trafficking in women was a problem 
(see Section 5, Trafficking).
    In some parts of the country, women continued to be harassed for 
social and religious reasons. Purdah continued in parts of the far 
north (see Section 1.f.).
    Women also experienced considerable discrimination. While there are 
no laws barring women from particular fields of employment, women often 
experienced discrimination through customary and religious practices. 
The Nigerian NGOs Coalition expressed concern about continued 
discrimination against women in the private sector, particularly in 
access to employment, promotion to higher professional positions, and 
salary equality. There were credible reports that several businesses 
operated with a ``get pregnant, get fired'' policy. Women remained 
underrepresented in the formal sector but played an active and vital 
role in the country's informal economy. While the number of women 
employed in the business sector increased each year, women did not 
receive equal pay for equal work and often found it extremely difficult 
to acquire commercial credit or to obtain tax deductions or rebates as 
heads of households. Unmarried women in particular endured many forms 
of discrimination.
    The NDHS showed that women had significant control over the income 
they generate (73.4 percent make sole decisions on how such income is 
to be used), but that men largely controlled decisions about such 
problems as children's and women's own health care.
    While some women made considerable individual progress both in the 
academic and business world, women remained underprivileged. Although 
women were not legally barred from owning land, under some customary 
land tenure systems only men could own land, and women could gain 
access to land only through marriage or family. In addition, many 
customary practices did not recognize a woman's right to inherit her 
husband's property, and many widows were rendered destitute when their 
in-laws took virtually all of the deceased husband's property. Widows 
were subjected to unfavorable conditions as a result of discriminatory 
traditional customs and economic deprivation. ``Confinement'' was the 
most common rite of deprivation to which widows were subjected, and it 
occurred predominately in the East. Confined widows were under 
restrictions for as long as 1 year and usually were required to shave 
their heads and dress in black. In other areas, a widow was considered 
a part of her husband's property, to be ``inherited'' by his family. 
Shari'a personal law protects widows' property rights, and an NGO 
reported that many women have succeeded in protecting their rights in 
Shari'a courts. Polygyny continued to be practiced widely among many 
ethnic and religious groups.
    Women were affected to varying degrees by Shari'a law in the 12 
northern states. In Zamfara State, local governments enforced laws 
requiring the separation of Muslim men and women in transportation and 
health care. In practice, the testimony of women was not given the same 
weight as that of men in many criminal courts (see Section 1.e.).

    Children.--The Government seldom enforced even the inadequate laws 
designed to protect the rights of children. Public schools continued to 
be inadequate, and limited facilities precluded access to education for 
many children. The Constitution calls for the Government, ``when 
practical,'' to provide free, compulsory, and universal primary 
education; however, compulsory primary education rarely was provided. 
In many parts of the country, girls were discriminated against in 
access to education for social and economic reasons. When economic 
hardship restricted families' ability to send girls to school, many 
girls were directed into activities such as domestic work, trading, and 
street vending. The literacy rate for men was 58 percent but only 41 
percent for women. Many families favored boys over girls in deciding 
which children to enroll in secondary and elementary schools. 
Preliminary NDHS data from households showed that net attendance for 
boys was 63.7, for girls 56.5.
    While most schools in the north traditionally separated children by 
gender, the law requires it in Zamfara, Sokoto, and Kebbi State schools 
(see Section 2.c.).
    Cases of child abuse, abandoned infants, child prostitution, and 
physically harmful child labor practices remained common throughout the 
country (see Sections 5, Trafficking and 6.d.). The Government 
criticized child abuse and neglect but did not undertake any 
significant measures to stop customary practices harmful to children, 
such as the sale of young girls into marriage. There were credible 
reports that poor families sold their daughters into marriage as a 
means to supplement their incomes. Young girls sometimes were forced 
into marriage as soon as they reached puberty, regardless of age, to 
prevent the ``indecency'' associated with premarital sex or for other 
cultural and religious reasons. Human rights groups reported an 
increase in sexual assaults and rapes of young girls, especially in the 
North, and attributed the increase to a fear of AIDS and a resulting 
desire for young virgins.
    FGM was commonly performed on girls in some parts of the country 
(see Section 5, Women).

    Trafficking in Persons.--The law prohibits trafficking in persons; 
however, persons were trafficked to, from, and within the country. It 
was believed that some individual members of the government facilitated 
or condoned trafficking, although no officials were accused, 
prosecuted, or convicted.
    The law prohibits human trafficking and provides for penalties 
including monetary fines, imprisonment, deportation, forfeiture of 
assets and passport, and liability for compensation to victims in civil 
proceedings. Imprisonment terms range from 12 months to life, while 
fines range from $375 (50,000 naira) to $1,500 (200,000 naira).
    The National Agency for Prohibition of Trafficking in Persons 
(NAPTIP), established in August 2003, was primary responsibility for 
combating trafficking. The NPF and the Nigerian Immigration Service 
(NIS) also have antitrafficking units. In addition, the President has a 
special assistant for human trafficking and child labor.
    With the existence of NAPTIP, enforcement efforts improved during 
the year; however, inadequate funding for NAPTIP and other 
antitrafficking efforts remained a major constraint. The number of 
trafficking cases investigated and prosecuted during the year 
increased; however, the precise number of cases pursued was difficult 
to determine because of poor record keeping and the overlapping roles 
of NAPTIP and the anti-trafficking units of the NPF and NIS.
    NAPTIP investigated 35 new cases during the year, and many of the 
cases were pending at year's end. NAPTIP made arrests in 13 cases. Four 
cases, involving six traffickers, went to court. In November, the High 
Court in Edo State delivered the first conviction under the anti-
trafficking law, sentencing a woman to 3 years' imprisonment for 
attempting to traffic six girls to Spain.
    In the September 2003 case of the repatriation of 400 Beninese 
children, the traffickers arrested were released during the year after 
a traditional ruler in the area intervened.
    The NPF Antitrafficking Task Force was established and staffed 11 
units in states with the worst trafficking problems. Units from these 
states and the Federal Capital Territory reported 34 cases, involving 
111 victims and 51 suspects. Records were not precise enough to 
determine which cases reported by the police overlapped with those 
tracked by NAPTIP.
    The Government collaborated with the Spanish police, the Italian 
National Antimafia Bureau, and the police force of the Benin Republic 
on investigations in several cases. In November, the Government signed 
a memorandum of understanding with the United Kingdom to share 
detection methods and equipment and provide medical and financial 
support to victims.
    The country was a source, transit, and destination country for 
trafficked persons during the year. With support from the Italian 
government, NAPTIP established a national monitoring center, and the 
ILO began adapting software to be used at the center; however, during 
the year, records were kept manually and only on a limited scale. No 
government or NGO estimates on the extent of trafficking were 
available; however, the magnitude of the problem was believed to be 
significant. This belief was based on several factors, including the 
number of deportees returned to the country and reports of Nigerians 
stranded along trafficking routes, particularly in North African 
countries. The ILO estimated that 40 percent of child street peddlers 
were trafficking victims.
    Nigerians were trafficked to Europe, the Middle East, and other 
countries in Africa for the purposes of forced labor, domestic 
servitude, and sexual exploitation. Girls and women were trafficked for 
forced prostitution to Italy, France, Spain, the Netherlands, Cote 
d'Ivoire, and the Benin Republic. Children were trafficked for 
involuntary domestic and agricultural labor and street peddling within 
the country and to countries in West and Central Africa. Both women and 
children were trafficked to Saudi Arabia. The country was a destination 
country for children trafficked for forced labor from other West 
African countries, primarily Benin.
    Women and children were most at risk of being trafficked. Boys were 
trafficked primarily to work as forced bondage laborers, street 
peddlers, and beggars, while girls were trafficked for domestic 
service, street peddling, and commercial sexual exploitation. 
Trafficking in children, and to a lesser extent in women, occurred 
within the country's borders. Children in rural areas were trafficked 
to urban centers to work as domestics, street peddlers, merchant 
traders, and beggars.
    The UN Office of Drugs and Crime (UNODC) reported that individual 
criminals and organized criminal groups conducted trafficking, often 
involving relatives or other persons already known to the victims. 
Traffickers employed various methods during the year. Many were 
organized into specialties, such as document and passport forgery, 
recruitment, and transportation. To recruit young women, traffickers 
often made false promises of legitimate work outside the country. 
Traffickers also deceived child victims and their parents with promises 
of education, training, and salary payments. Once away from their 
families, children were subjected to harsh treatment and intimidation. 
Traffickers subjected victims to debt bondage, particularly victims 
forced into prostitution. In some cases, traffickers employed 
practitioners of traditional magic, or juju, to threaten victims with 
curses to procure their silence. NAPTIP estimated that 90 percent of 
the girls trafficked through Benin routes were placed under juju 
curses. Victims were transported by air, land, and sea. Established 
land routes to Europe transited Benin, Togo, Ghana, Cote d'Ivoire, 
Guinea, Mali, Niger, and Morocco.
    At the institutional level, government authorities do not 
facilitate or condone trafficking; however, NAPTIP received reports 
from informants and foreign officials that law enforcement officers and 
individuals in the immigration and airport authorities collaborated in 
trafficking across the country's borders. Victims interviewed by UNODC 
identified the complicit and collaborative behavior of police, security 
force, immigration, and customs officials. NAPTIP briefed the heads of 
police and immigration on the issue. NAPTIP also worked with the 
Ministry of Aviation to address corruption among airport officials. The 
law provides punitive measures for officials who aid or abet 
trafficking; however, during the year, NAPTIP and NPF found no evidence 
of official complicity, and no officials were prosecuted, tried, or 
convicted for trafficking-related charges.
    The Government provided limited funding for assistance to victims. 
NAPTIP served as the point of contact for immigration and police 
officials when victims were found. Seventy-four victims passed through 
the agency during the year. NAPTIP directly provided overnight shelter 
to some, but most often, agency officials connected victims to 
nongovernmental or international organizations for shelter, counseling, 
and reintegration assistance. NAPTIP established a hotline for victims 
and anyone seeking or wanting to provide information about trafficking. 
In a couple of cases, the Government helped victims repatriate to the 
country. NAPTIP also helped to reunite several trafficked children with 
their families.
    The Ministry of Labor and Productivity, in collaboration with the 
ILO, NAPTIP, the police, and other federal agencies, provided food, 
transportation, and other logistical assistance to reunite internally 
and externally trafficked children with their families.
    The Government donated a building for a 10-year period as a 120-bed 
shelter in Lagos to be run by the International Organization for 
Migration (IOM) and NAPTIP. With foreign government support IOM 
renovated the building, which also includes offices for IOM and NAPTIP 
staff. On July 22, the shelter opened.
    At the state level, the government of Akwa Ibom donated a shelter 
for trafficked children and the government of Kano State worked with 
UNICEF to establish a shelter for victims.
    The Government provided some funding for protection activities. For 
victims serving as witnesses, divisional police officers were appointed 
to serve as witness protection officers. NAPTIP officials and the 
officer worked together to provide assistance. NAPTIP also created a 
brochure to let victims know the agency exists to help them if they 
would like to pursue prosecution. The brochure was distributed to 
deportees returning to the country in hopes that it would encourage 
unidentified trafficking victims to come forward. The brochure prompted 
at least one woman returned from Italy to contact NAPTIP. Several state 
governments in the south continued strong efforts to protect victims. 
Victims were no longer criminalized or detained with criminals in cells 
as they were in previous years.
    Efforts by the Government to prevent trafficking in persons 
increased during the year; however, inadequate funding remained a major 
constraint. The stakeholder forum established by NAPTIP in 2003 
continued. NAPTIP officials met with several major traditional leaders 
to raise their awareness about trafficking and the 2003 anti-
trafficking law. NAPTIP also worked with the media to raise awareness 
among the public, and officials appeared on national talk shows and 
state programs. The Government began implementing the ILO International 
Program on the Elimination of Child Labor (IPEC) West Africa Cocoa 
Agriculture Project to prevent the trafficking or employment of 
children in association with commercial agriculture, especially cocoa 
production.
    The Government has established economic and education programs that 
may help to prevent trafficking, such as the National Poverty 
Eradication Program and the Nigerian Agricultural and Rural Development 
Bank. Despite these and other programs, poverty, lack of access to 
education, and lack of economic opportunities remained pervasive 
problems in the country and fuel the trafficking problem.
    Several state governments made significant prevention efforts 
during the year, including awareness campaigns among at-risk 
populations.
    Nongovernmental and international organizations organized 
conferences and meetings on trafficking and established prevention and 
awareness programs in schools. Groups also worked through the media. A 
faith-based foundation in Akwa Ibom State sponsored awareness programs 
on television and radio. The ILO began a program in partnership with 
the News Agency of Nigeria (NAN) to raise awareness and build media 
capacity in eliminating child trafficking and labor.

    Persons With Disabilities.--There were no laws that require 
accessibility to buildings or public transportation for persons with 
disabilities, and the Government did not formulate any policy 
specifically ensuring the right of persons with disabilities to work. 
Children and women with disabilities faced social stigma, exploitation, 
and discrimination, and were often regarded as a source of shame to 
their own families. Children with disabilities who could not contribute 
to the family economy were seen as a liability, and in some cases were 
severely neglected. Literacy rates among various categories of persons 
with disabilities were significantly lower than among the general 
population, for both men and women. The Federal Government ran 
vocational training centers in Abuja to provide training to indigent 
persons with disabilities. The individual states also provided 
facilities to assist blind and physically incapacitated individuals to 
become self-supporting, and persons with disabilities established a 
growing number of self-help NGOs.
    National/Racial/Ethnic Minorities.--The country's population was 
ethnically diverse, and consisted of more than 250 groups, many of 
which spoke distinct primary languages and were concentrated 
geographically. There was no majority ethnic group. The four largest 
ethnic groups, which made up two-thirds of the country's population, 
were the Hausa and Fulani of the north, the Yoruba of the southwest, 
and the Igbos of the southeast. The Ijaw of the South Delta were the 
fifth largest group, followed by Kanuri in the far northeast, and the 
Tiv in the Middle Belt. Many groups complained of insufficient 
representation. Middle Belt and Christian officers dominated the 
military hierarchy. Some persons in the North believe that the northern 
Hausa were underrepresented in the military.
    The Constitution prohibits ethnic discrimination by the Government; 
however, claims of marginalization, particularly by members of southern 
minority groups and Igbos, continued. In particular, the ethnic groups 
of the Niger Delta continued their calls for high-level representation 
on petroleum problems and within the security forces. Northern Muslims 
accused the Government of favoring Yorubas or Christians from the 
Middle Belt for those positions. Traditional linkages continued to 
impose considerable pressure on individual government officials to 
favor their own ethnic groups for important positions and patronage.
    Societal discrimination on the basis of ethnicity was practiced 
widely by members of all ethnic groups and was evident in private 
sector hiring patterns, de facto ethnic segregation of urban 
neighborhoods, and a continuing paucity of marriages across major 
ethnic and regional lines. There was a long history of tension among 
some ethnic groups (see Section 2.c.).
    Ethnic groups claimed environmental degradation and government 
indifference to their status in the oil-producing Niger Delta region. 
Groups such as the Ijaw, Itsekiri, Urhobo, Isoko, and Ogoni continued 
to express their unhappiness about their perceived economic 
exploitation and the environmental destruction of their homelands, and 
incidents of ethnic conflict and confrontation with government 
officials and forces continued in the Delta area (see Sections 1.a. and 
1.b.).
    Interethnic fighting also continued in Warri, Delta State, 
resulting in casualties and the displacement of tens of thousands of 
local inhabitants. In June, as the result of numerous conflict 
resolution efforts, parties agreed to a ceasefire. Interethnic violence 
decreased, but did not stop completely. The ceasefire in Warri remained 
largely in effect at year's end.
    Interethnic fighting elsewhere in the Delta also displaced tens of 
thousands of local inhabitants. Violence temporarily abated in the 
region in 2003. In 2004, militia groups operating in Port Harcourt and 
other areas around the Delta region carried out violent operations. In 
September, several persons were killed in Port Harcourt when militia 
gangs attacked some neighborhoods around the port area. Militants 
claimed they were protesting poverty, inadequate control of local 
resources, lack of infrastructure, and environmental degradation, 
conditions for which they blamed the Federal Government and 
multinational oil companies operating in the area. Some observers 
alleged that some of the militants were exploiting the ``cause of the 
Niger Delta peoples'' for personal gain and aggrandizement. They 
further alleged that many of the militants were thugs and criminals. 
Officials from the Presidency negotiated directly with militant leaders 
and reached a ceasefire agreement that was implemented by the 
government of Rivers State.
    Competing economic aspirations among ethnic groups for control of 
state and local governments led to violent conflicts during the year.
    Conflict over land rights and ownership continued among members of 
the Tiv, Kwalla, Jukun, and Azara ethnic groups; each of these groups 
resided at or near the convergence of Nassarawa, Benue, and Taraba 
States. The Tiv, who were claimed by their opponents to have migrated 
to the country later than other inhabitants of the disputed area, were 
regarded as interlopers by the other groups, which consider themselves 
``indigenous'' ethnic groups. Tivs are the largest ethnic group in much 
of Benue and parts of other states.
    Communal violence between members of the Ogori and Ekpedo ethnic 
groups in Kogi and Edo states continued over boundary and land 
disputes. Kogi and Edo state governors declared the disputed land a 
``buffer zone,'' and the matter was referred to the National Boundary 
Commission in 2003. No further action was taken during the year.
    Most people displaced by the violence between Fulani herdsmen and 
farmers in Adamawa State in 2003 had returned to their homes by year's 
end.
    Communal violence escalated in Plateau State, reaching its peak in 
May (see Section 2.c.).
    There were no developments in previous years' incidents of ethno-
religious violence.

    Other Societal Abuses and Discrimination.--Homosexuality is illegal 
under federal law; homosexual practices are punishable by prison 
sentences of up to 14 years. In the 12 northern states that have 
adopted Shari'a, adults convicted of having engaged in homosexual 
intercourse are subject to execution by stoning, although no such 
sentences have been imposed.
Section 6. Worker Rights
    a. The Right of Association.--The Constitution provides all 
citizens with the right to form or belong to any trade union or other 
association for the protection of their interests, and workers 
exercised this right in practice; however, several statutory 
restrictions on the right of association and on trade unions remained 
in effect.
    According to figures provided by the Nigeria Labor Congress (NLC), 
total union membership was approximately 4 million. Less that 10 
percent of the total work force was organized. With the exception of 
small number of workers engaged in commercial food processing, the 
agricultural sector, which employed the majority of the work force, was 
not organized. The informal sector, and small and medium enterprises, 
remained largely unorganized.
    Workers, except members of the armed forces and employees 
designated as essential by the Government, may join trade unions. 
Essential workers included government employees in the police, customs, 
immigration, prisons, the federal mint, and the Central Bank. Employees 
working in a designated Export Processing Zone (EPZ) may not join a 
union until 10 years after the start-up of the enterprise (see Section 
6.b.).
    The country's labor law mandates a single-labor-federation 
structure for workers, which has become the NLC. Trade unions are 
required to be registered formally by the Government, and a minimum 50 
workers per enterprise are required to form a trade union; the 
Government formally recognized 29 such unions under the NLC by year's 
end. Senior staffers are not permitted to join NLC-affiliated unions 
and were organized under the confederation Trade Union Congress (TUC), 
which was not registered with the Government. The TUC and its 
constituent organizations acted like a union federation and often 
cooperated with their NLC counterparts but had no legal status. It was 
also denied a seat on the National Labor Advisory Council (NLAC). These 
legal restrictions diluted the bargaining strength of workers. The ILO 
Committee of Experts on the Application of Conventions repeatedly 
inquired what steps were being taken to eliminate these restrictions on 
the freedom of association.

    b. The Right to Organize and Bargain Collectively.--The labor laws 
provide for both the right to organize and bargain collectively between 
management and trade unions, and collective bargaining occurred 
throughout the public sector and the organized private sector. The 
Labor Minister could refer unresolved disputes to the Industrial 
Arbitration Panel (IAP) and the National Industrial Court (NIC). Union 
officials questioned the effectiveness of the NIC in view of its 
inability to resolve various disputes stemming from the Government's 
failure to fulfill contract provisions for public sector employees. 
Union leaders criticized the arbitration system's dependence on the 
Labor Minister's referrals. The Labor Minister made several referrals 
to the IAP during the year. The IAP and NIC were active; however, both 
suffered from a lack of resources.
    Workers had the right to strike; however, certain essential workers 
were required to provide advance notice of a strike. In September a 
court limited the right to strike to matters pertaining to wages and 
conditions of work, thereby prohibiting strikes over matters of 
national economic policy. The NLC appealed the ruling; the appeal was 
pending at year's end. Worker under a collective bargaining agreement 
could not participate in a strike unless their union complied with the 
requirements of the law, which included provisions for mandatory 
mediation and for referral of the dispute to the Government; however, 
in practice the law did not appear to be enforced, and strikes, 
including in the public sector, were widespread.
    There were several strikes during the year over a government policy 
to deregulate fuel prices. In October, the NLC, in association with 
various NGOs, organized a 4-day ``stay-at-home'' to protest another 
fuel price increase. On October 1, the State Security Service had 
detained the president of the NLC, Adams Oshiomhole, for questioning 
following the NLC's decision to mobilize the ``stay-at-home'' protest. 
Other activists in various places were detained in connection with the 
protest, and the staff of the AFL-CIO's Solidarity Center in Abuja were 
detained several hours by State SSS, then released without explanation, 
just after the protest was suspended. On October 11, police reportedly 
killed a 12-year-old boy during clashes with protesters in Kaduna; a 
man was reported killed in a similar incident in Port Harcourt the 
following day. There were allegations that some of the arrested 
strikers in Kaduna were killed (see Section 1.a.). The protest was 
suspended after 4 days when the Government set up a ``stakeholders 
committee'' led by the Senate Vice President, and including NLC 
members, which agreed to a fixed price for fuel.
    There were no developments in the June 2003 killing of at least 18 
persons during a nationwide strike.
    There were no laws prohibiting retribution against strikers and 
strike leaders, but strikers who believed they were victims of unfair 
retribution could submit their cases to IAP, with the approval of the 
Labor Ministry. The IAP's decisions were binding on parties but could 
be appealed to the NIC; however in practice, the decisions of these 
bodies infrequently carried the force of law. Union representatives 
described the arbitration process as cumbersome and time-consuming, and 
an ineffective deterrent to retribution against strikers.
    EPZs in Calabar, Cross River State, and Onne Port, Rivers State, 
operated during the year. Workers and employers in these zones were 
subject to national labor laws, which; however, provided for a 10-year 
amnesty on trade unions, strikes, or lockouts following the 
commencement of operations within a zone. In addition, the law allows 
the EPZ Authority to handle the resolution of disputes between 
employers and employees instead of workers' organizations or unions.

    c. Prohibition of Forced or Compulsory Labor.--The law prohibits 
forced or compulsory labor, including by children; however, there were 
reports that it occurred (see Sections 5 and 6.d.), and enforcement of 
the law was not effective.

    d. Prohibition of Child Labor and Minimum Age for Employment.--In 
most sectors, the minimum work age is 15 years, which is consistent 
with the age for completing educational requirements; however, child 
labor remained a problem. The law prohibits employment of children less 
than 15 years of age in commerce and industry and restricts other child 
labor to home-based agricultural or domestic work. The law states that 
children may not be employed in agricultural or domestic work for more 
than 8 hours per day. Apprenticeship of youths at the age of 13 is 
allowed under specific conditions.
    The country made progress toward eliminating the worst forms of 
child labor. Awareness was increasing throughout civil society and the 
Government showed its commitment to the issue. Despite these advances, 
forced child labor and trafficking in children continued during the 
year (see Section 5).
    Economic hardship resulted in high numbers of children in 
commercial activities aimed at enhancing meager family income. Children 
frequently were employed as beggars, street peddlers, bus conductors, 
and domestic servants in urban areas. Little data was available to 
analyze the incidence of child labor. The National Modular Child Labour 
Survey Nigeria conducted the only survey available between 2000 and 
2001. The survey reported approximately 15 million children working in 
the country. Of these, more than 6 million were not attending school 
and more than 2 million were working 15 or more hours per day.
    A Ministry of Employment, Labor, and Productivity unit dealt 
specifically with child labor problems, as well as an inspections 
department whose major responsibilities included enforcement of legal 
provisions relating to conditions of work and protection of workers; 
however, there were fewer than 50 inspectors for the entire country, 
and the Ministry conducted inspections only in the formal business 
sector, where the incidence of child labor was not a significant 
problem. NAPTIP bears some responsibility for enforcing child labor 
laws. The agency reportedly received no complaints of child labor, 
although it did pursue cases of trafficking in children (see Section 
5).
    Private and government initiatives to stem the incidence of child 
employment continued but were ineffective. The Government implemented 
the ILO/IPEC West Africa Cocoa Agriculture Project in the cocoa and 
other agricultural sub-sectors to combat hazardous child labor and to 
prevent the child trafficking for labor exploitation. Several programs 
by NGOs and international organizations worked to address child labor 
in the country.
    UNICEF conducted a program to remove young girls from the street 
peddling trade and relocate them to informal educational settings. ILO 
programs worked to involve communities and schools in withdrawing 
children from exploitative situations such as street peddling and 
prostitution. The programs aimed to reintegrate the children into 
school or otherwise provide vocational training.

    e. Acceptable Conditions of Work.--The law sets a minimum wage, 
which was reviewed infrequently. Real private sector wages greatly 
exceeded the minimum wage. The minimum wage was $56.70 (7,500 naira) 
per month for private sector workers and $41.70 (5,500 naira) per month 
for public sector workers (with a 13 month year as the law mandates an 
extra month's pay for the Christmas holiday). The national minimum wage 
did not provide a decent standard of living for a worker and family. 
The Government directed each state administration to establish its own 
salary structure based on its ability to pay, but at least the national 
minimum wage. Many state governments have stated they were not in a 
position to pay the increase to minimum wage without massive layoffs or 
the elimination of ghost workers. Ghost workers (who appeared on the 
employment rolls but not on the job) remained a significant problem, 
although the Federal Capital Territory (FCT) took actions to delete 
several thousand ghost workers from its rolls.
    The 25 percent wage increase agreed in July 2003 between the NLC 
and the Government was not paid. The Government later insisted that 
only the public service unions could negotiate for civil servants, not 
the NLC.
    The law mandates a 40-hour workweek, 2 to 4 weeks annual leave, and 
overtime and holiday pay, except for agricultural and domestic workers. 
There is no law prohibiting excessive compulsory overtime. The law also 
establishes general health and safety provisions, some of which were 
aimed specifically at young or female workers. It requires that the 
Inspectorate Division of the Ministry of Labor and Employment inspect 
factories for compliance with health and safety standards; however, 
this agency was greatly underfunded, lacked basic resources and 
training, and consequently neglected safety oversight of many 
enterprises, particularly construction sites and other nonfactory work. 
The law requires employers to compensate injured workers and dependent 
survivors of those killed in industrial accidents. The Labor Ministry, 
which was charged with enforcement of these laws, has been ineffective 
in identifying violators. The Labor Decree does not provide workers 
with the right to remove themselves from dangerous work situations 
without loss of employment.
    The law applies to legal foreign workers; however, not all 
multinational companies respected these laws in practice.

                               __________

                                 RWANDA

    Rwanda is a republic dominated by a strong presidency. The largely 
Tutsi Rwandan Patriotic Front (RPF) took power in 1994 and formed a 
Government of National Unity that functioned during the transitional 
period following the civil war and genocide until 2003, when elections 
were held. In May 2003, a country-wide referendum resulted in the 
approval of a new constitution, which provides for a multiparty system 
and nullifies the suspension of political activity, although it 
provides few protections for parties and their candidates. In August 
2003, the country held its first multicandidate national elections 
since independence; President Paul Kagame was elected to a 7-year term 
in largely peaceful but seriously marred elections. In September 2003, 
President Kagame's party, the RPF, won the majority of the seats during 
legislative elections and therefore remained the principal political 
force that controlled the Government. The judiciary, which was not 
operational for most of the year as the country implemented judicial 
reforms, was subject to executive influence and suffered from a lack of 
resources, inefficiency, and some corruption.
    The Minister of Defense is responsible for external security and 
national defense; the Minister of Internal Security is responsible for 
civilian security matters as well as supervision of the prisons and the 
national police. The Rwanda Defense Forces (RDF), which maintain 
external security, and the police, which maintain internal security, 
comprise the security apparatus. Following the formal withdrawal of all 
its troops from the Democratic Republic of the Congo (DRC) in 2002, the 
Government began to reorganize its military establishment to provide 
for a smaller force more suitable for territorial defense than for 
expeditionary action abroad. Government authorities did not always 
maintain effective control of the security forces, and there were 
several instances in which elements of the security forces acted 
independently of government authority. Some members of the security 
forces committed serious human rights abuses.
    During the year, there were several unconfirmed reports from 
multiple credible sources that RDF troops were at times present in the 
eastern part of the DRC, particularly following public threats by the 
Rwandan President in November indicating that the Government might send 
RDF troops into the DRC to attack Hutu rebels deemed a threat to its 
security. There were also reports that RDF military advisors remained 
integrated with former Congolese Rally for Democracy (RCD/G) forces. 
However, the Government publicly denied allegations that RDF troops 
were operating in the DRC. During the year, Rwandan rebels in the DRC, 
known as the Democratic Forces for the Liberation of Rwanda (FDLR), 
conducted attacks in the northwestern region of Rwanda.
    The country was very poor, and 60 percent of the population of 8.3 
million lived in poverty. The economy is market-based and primarily 
driven by the agricultural sector. More than 85 percent of the labor 
force was engaged in subsistence agriculture. The 1994 Genocide 
destroyed the country's social fabric, human resource base, 
institutional capacity, and economic and social infrastructure. Per 
capita annual income was $230, and the country experienced an estimated 
economic growth rate of 4 percent. Small-scale commercial activities 
increased, but the industrial base remained limited. Inflation during 
the year was 11 percent, and wages generally did not keep up with 
inflation. Drought conditions affected the second harvest season in the 
latter part of the year, increasing the cost of food and reducing the 
yield in the export tea market.
    The Government's human rights record remained poor, and the 
Government continued to commit serious abuses. The right of citizens to 
change their government was effectively restricted. Members of Local 
Defense Forces (LDF) committed unlawful killings. The Government 
investigated reports that organized groups targeted and killed 
witnesses to the 1994 Genocide in certain provinces. There were reports 
of politically motivated disappearances. Police often beat suspects in 
custody, and torture was a problem. Prison conditions remained life 
threatening. Arbitrary arrest and detention and prolonged pretrial 
detention remained serious problems. During the year, the Government 
released a report that accused human rights groups, journalists, 
churches, and local government officials of ``genocide ideology''; the 
Government subsequently justified scores of arbitrary arrests and the 
effective dismantling of the country's independent human rights 
organizations as part of its campaign against ``divisionism.'' The 
judiciary did not always ensure due process or expeditious trials. The 
Government continued to conduct genocide trials at a slow pace. The 
Government restricted freedom of speech and of the press, and it 
limited freedom of assembly and association. In several instances, 
local government officials restricted the freedom of religion, 
particularly for Jehovah's Witnesses. Government officials reportedly 
harassed and imprisoned refugees and asylum seekers during the first 
half of the year, when the Government was taking over responsibility 
for their registration. Societal violence and discrimination against 
women and ethnic minorities, particularly the Batwa, were problems. 
Child labor was prevalent, and trafficking in persons was a problem.
    During the year, armed proxy groups reportedly supported by the 
Government, including some ex-RCD/G combatants, continued to operate 
and commit serious human rights abuses in the DRC, including killings 
and rape.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Arbitrary or Unlawful Deprivation of Life.--There were no 
political killings by the Government or its agents; however, there were 
reports of arbitrary killings by members of the LDF.
    On April 29, an LDF member named Micombero beat an 18-year-old 
plantation worker to death in Kanama district in Gisenyi Province. By 
year's end, it was not known whether officials took any action against 
the LDF officer.
    On May 14, an LDF officer named Ndacyayisenga, with the complicity 
of another LDF officer named Kinyinya, shot and killed Jean Baptiste 
Nsekanabo, after he failed to produce his identity card. The LDF 
officers were not arrested as of the end of the year.
    LDF officers who were arrested for committing abuses in 2003 
remained in jail, and none of their cases reached conclusion during the 
year.
    There were no developments in the 2002 killing in Kigali of RDF 
officer Alphonse Mbayire by a soldier in uniform.
    Military courts actively prosecuted RDF soldiers accused of 
violating the human rights of citizens. On January 28, two soldiers 
arrested Protais Ntiruhunwa, a young boy accused of stealing a radio 
and took the boy to the barracks and beat him to death. On February 6, 
the soldiers were arrested, although the trial was not completed at 
year's end. In the case against Sergeant Nyamaswa and Corporal Karangwa 
for the April 2003 beating death of an agronomist, Nyamaswa was 
acquitted and Karangwa received 5 years in prison on June 26.
    Despite the official 2002 withdrawal of its forces from the DRC, 
during the year, there were unconfirmed reports from multiple credible 
sources, including a panel of U.N. experts, that the Government 
continued to provide material support for ex-RCD/G forces operating in 
the DRC under former RCD/G commanders such as Colonel Jules Mutebutsi 
and General Laurent Nkunda. Unlike in the previous year, there were no 
reports that the Government provided support to the Union of Congolese 
Patriots.
    There continued to be reports throughout the year of killings and 
other human rights abuses, including torture, rape, and looting, 
committed with impunity in the DRC by both pro-DRC and anti-DRC 
government forces, although RDF forces were reportedly no longer 
directly involved. Verification of these reports was extremely 
difficult, particularly those originating from remote areas and those 
affected by active combat in the eastern part of the DRC. The 
Government maintained that it no longer had troops in eastern DRC, and 
that its influence over former RCD/G combatants was decreasing. It 
rejected any responsibility for the numerous serious human rights 
abuses committed against civilians by former RCD/G soldiers in the DRC.
    During the year, the Government prosecuted nine members of the 
military on charges of murder or attempted murder in the DRC prior to 
the 2002 withdrawal. For example, on April 24, Private Phenias 
Kanyarwanda was sentenced to life imprisonment for killing his 
Congolese porter. Of the nine tried during the year, two were found 
innocent. The highest-ranking official tried during the year was a 
corporal, and he was convicted. At year's end, the Government had not 
opened any new inquiries into the abuses by its troops in previous 
years in the DRC. The appeals of RDF Sergeants Nkusi and Sebuhoro, both 
convicted of two 1998 murders by a military court in 2003, were pending 
at year's end.
    According to several human rights organizations and government 
officials, hundreds of witnesses to the Genocide were killed throughout 
the country, reportedly to prevent testimonies and undermine the rural 
justice system (Gacaca). For example, on June 12, three persons lead by 
Jean Munigankiko killed Valentine Mukanzeyimana of Butare Province. 
Munigankiko admitted to police that he killed Mukanzeyimana because 
Mukanzeyimana had accused him in Gacaca proceedings of having killed 
his family. By year's end, police had detained suspects in connection 
with some of the killings.
    There were reports in the northwest of killings by insurgents who 
were allied with persons responsible for the 1994 Genocide. On November 
15, an FDLR attack on a village in Gisenyi Province resulted in two 
deaths. Such attacks were rare and appeared to be aimed at 
destabilizing the tourism economy and the April commemoration of the 
10th anniversary of the 1994 Genocide.
    The U.N. International Criminal Tribunal for Rwanda (ICTR), based 
in Arusha, Tanzania, continued to prosecute genocide suspects during 
the year (see Section 4).

    b. Disappearance.--There were reports of politically motivated 
disappearances within the country.
    On April 17, police arrested Jean Damascene Tuyizere of Gisenyi 
Province in Gisenyi town. A military intelligence officer questioned 
Tuyizere for several days at the police station, after which he was 
transferred to an unknown location. Several days later, the prefect of 
the province visited the family and said they should be careful not to 
travel without their identity cards. By year's end, his family had not 
been given news of his whereabouts.
    On October 6, police arrested four campaign workers of former Prime 
Minister Faustin Twagiramungu, who ran in the 2003 presidential 
elections. The families of Jean de Dieu Kwizera, David Habimana, Block 
Mugambira, and Jean Paul Kamondo last heard from the four men on 
October 21, and by year's end, had been given no news of their 
whereabouts.
    On November 20, an RDF captain, Jean Leanard Kagabo, disappeared 
after police arrested him in Byumba Province. By year's end, his family 
had been given no news of his whereabouts.
    There were no developments in the 2003 disappearances of two 
prominent citizens and four high-level government officials, including 
parliamentarian Dr. Leonard Hitimana.
    On June 30, the Government released a report on the status of 
several ongoing investigations of high-profile disappearances that 
occurred in 2003, following the release of a 2003 government report 
criticizing the Democratic Republican Movement (MDR), an opposition 
party, and calling for its dissolution. According to the report, 
Lieutenant Colonel Cyiza, a former Supreme court Vice-President who 
disappeared in April 2003, was residing in the DRC; two other military 
officers previously reported missing were in Burundi. In both cases, 
however, the Government did not provide any proof of these claims. The 
report provided no new information on the whereabouts of Dr. Leonard 
Hitimana, an MDR member of the National Assembly.
    There were no developments in the case of the missing Banyamulenge 
(Tutsi) soldiers reportedly arrested in 2002 by the RDF; the Government 
continued to deny that any such arrests had occurred.
    There were no developments in the reported disappearances of two 
persons detained in 2002 at Ndosho in the DRC by RDF and RCD/G forces.

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The law prohibits torture; however, police officers often 
beat suspects at the time of arrest, and on at least one occasion, 
security forces reportedly committed acts of torture.
    According to a local human rights group, there were 75 reported 
cases of torture during the year, not including cases reported by 
Jehovah's Witnesses or journalists (see Section 2.a. and 2.c.). For 
example, on February 19, an assistant district police chief in Butare 
Province, Canisius Mwitabangoma, arrested Mathias Mugabo on charges of 
insulting and using ethnic slurs against the police chief. During his 
detention, he was beaten with the butt of a bayonet and forced to sleep 
naked in his cell. No action had been taken against the police chief at 
year's end.
    There were numerous reports during the year that police detained 
and beat members of Jehovah's Witnesses because they refused to 
participate in nighttime security patrols (see Section 2.c.).
    There was no development in the 2003 case of the torture of RDF 
Major Ngirabatware, who remained in prison at year's end.
    There continued to be numerous reports that security forces at 
times beat, harassed, or threatened political dissidents, journalists, 
and members of NGOs (see Sections 2.a., 2.b., and 4).
    During the year, unexploded ordnance that remained from the 1994 
civil war caused three deaths and eight injuries.
    During the year, ex-RCD/G combatants in the eastern region of the 
DRC committed numerous serious human rights abuses, including torture, 
beatings, and widespread rape.
    Prison conditions were harsh and life threatening. The 
International Committee of the Red Cross (ICRC) has registered 
approximately 76,000 prisoners detained on genocide or security-related 
charges and estimated that an additional 10,000 prisoners were detained 
on charges unrelated to the genocide; however, the Ministry of Justice 
routinely referred to the prison population as numbering 87,000. While 
the Government was committed to improving prison conditions, chronic 
overcrowding remained a major problem. During the year, the Government 
completed the construction of two new prisons while closing down the 
four remaining cachots (local detention centers) in the country.
    Sanitary conditions were extremely poor, and despite continuing 
efforts, the Government did not provide adequate food or medical 
treatment. The ICRC provided 30 percent of the food in the 16 main 
prisons and also provided additional expertise and medical, logistical, 
and material support to improve conditions for inmates. Prison deaths 
largely were the result of preventable diseases and suspected cases of 
HIV/AIDS. There was an undetermined number of deaths in prison reported 
during the year. Prisoners may also be hired out to perform work at 
private residences and businesses (see Section 6.c.).
    Women were detained separately from men, and more than 500 minors 
were incarcerated with adults throughout the prison system. During the 
year, the Government made efforts to better ensure that minors were 
incarcerated separately from adults, as well as efforts to release 
children; however, an undetermined number of children classified as 
minors remained incarcerated on genocide-related charges at year's end. 
Pretrial detainees generally were separated from convicted prisoners; 
however, there were numerous exceptions as a result of the large number 
of genocide detainees awaiting trial. High profile political prisoners, 
such as former president Pasteur Bizimungu, were kept in special 
sections of regular prisons.
    The ICRC, human rights organizations, diplomats, and journalists 
had regular access to the prisons. The ICRC continued its visits to 
communal jails and military-supervised jails.
    Unlike in the precious year, there were no reports that RCD/G 
combatants (or ex-RCD/G combatants) incarcerated persons in the private 
residences of rebel military commanders.

    d. Arbitrary Arrest or Detention.--The Constitution provided legal 
safeguards against arbitrary arrest and detention; however, authorities 
rarely observed them in practice, and security forces continued to 
arrest and detain persons arbitrarily.
    The National Police was a young organization. The National Police 
is headed by the Commissioner General and has two Deputy Commissioners, 
one for operations and another for administration. Five Assistant 
Commissioners oversee the various units, such as traffic, intelligence, 
criminal investigations, protection, and the provincial areas. The 
police lacked basic resources such as handcuffs, radios, and patrol 
cars. However, they participated in extensive training programs, and 
the police academy curriculum included training on human rights, 
nonlethal use of force, and professionalism. There was little problem 
with corruption or discipline within the police force due to national 
pride, strict training, and close monitoring.
    The LDF received less training than the National Police and fall 
under the Ministry of the Interior, along with locally staffed ``civil 
disorder'' units. The LDF performed basic security guard duties 
throughout the country and were known to chase illegal street vendors, 
petty criminals, and prostitutes away from public areas. While they 
have no arrest powers, they reportedly acted with impunity. During the 
year, the Government initiated a project to integrate the LDF into the 
National Police.
    The law requires that authorities investigate and then obtain a 
judicial warrant before arresting a suspect. Police may detain persons 
for up to 48 hours without a warrant, and formal charges must be 
brought within 5 days of arrest; however, these provisions were widely 
disregarded during the year. The law permits investigative detention if 
authorities believe that public safety is threatened or that the 
accused might flee. There is no bail, but the authorities may release a 
suspect pending trial, if they are satisfied that there is no risk that 
the person may flee or become a threat to public safety and order.
    During the year, security forces used arbitrary arrest and 
detention frequently. Authorities detained numerous individuals after 
they expressed viewpoints unacceptable to the Government, particularly 
those who raised complaints about land reform and Gacaca proceedings 
(see Section 2.a.).
    In Kigali city, police arrested Eric Mutemberezi on April 12, Oscar 
Hbarurema on April 13, and Gad Byiringiro on April 14 and accused them 
of attempting to recruit young persons to join Rwandan rebels in 
Burundi. All were released in June because there was no tangible 
evidence against them.
    Members of religious groups, including Jehovah's Witnesses, were 
arrested during the year (see Section 2.c.).
    Human rights organizations estimated that more than 300 persons 
were detained briefly during the 2003 presidential campaign period; 
almost all were reportedly supporters of Faustin Twagiramungu, an 
opposition candidate.
    There were no developments in the 2003 cases against Leonard 
Kavutse, Janvier Munyemana, and Secretary General of the MDR Pierre 
Gakwandi, all of whom remained in prison and were awaiting trial at 
year's end.
    The Government continued to detain ex-combatants who returned to 
the country as part of the ongoing peace process between Rwanda and the 
DRC; detainees were placed in an 8-to-12-week- reintegration program at 
Mutobo, in Ruhengeri Province. The returnees included some children. 
The children generally served as porters for ALIR (now called the 
Democratic Front for the Liberation of Rwanda, or FDLR); a few served 
as combatants for FDLR. Child soldiers were held separately from the 
adult combatants. The Government opened a demobilization center in 
January to process and reintegrate rebel child soldiers returning from 
the DRC (see Section 5). Authorities frequently allowed detainees at 
the demobilization camp at Mutobo to receive visitors, and sometimes to 
go home for visits.
    Approximately 80,000 individuals accused of genocide continued to 
be imprisoned while awaiting trial. The law permits the continued 
detention of genocide suspects long enough to allow them to face trial 
either in a conventional court or in the Gacaca system (see Section 
1.e.). Lengthy pretrial detention was a serious problem, and some 
suspects had been in jail since 1994. The Government did not have the 
capacity to process cases within a reasonable time. Pretrial detentions 
were even longer than in previous years because the court system was 
not operational for 10 months of the year (see Section 1.e.).
    Mobile groups, whose mandate was to establish or complete files 
that indicated the basis for charges for all genocide-related 
detainees, continued to operate during the year. Approximately 90 
percent of detainees in custody during the year had files; however, the 
vast majority of those files were incomplete.
    There were numerous reports of political detainees, including MDR 
Secretary General Pierre Gakwandi.

    e. Denial of Fair Public Trial.--The Constitution provides for an 
independent judiciary; however, the judiciary was subject to executive 
influence and suffered from inefficiency, a lack of resources, and some 
corruption. The justice system collapsed during the war and Genocide of 
1994. With help from the international community, it continued to 
undergo a slow rebuilding process. For example, in July, the Government 
dismissed approximately 500 district- and provincial-level judges from 
the national court system who were deemed to be unqualified, and it 
subsequently appointed more than 230 judges as replacements. Despite 
the reforms, the Government did not have the capacity to ensure that 
provisions in the Constitution were enforced or that due process 
protections were observed.
    The ordinary courts operated only during the last 2 months of the 
year. For the first 10 months, Parliament debated and passed judicial 
reform bills, which restructured the court system and were intended to 
strengthen the required qualifications for judges. During this 
legislative process, only courts handling high profile cases 
functioned. They began hearing cases again in late October, although 
the Supreme Court was still redistributing 40,000 pending cases, all of 
which were unrelated to the Genocide, at year's end.
    There were problems enforcing domestic court orders. For example, 
security forces at times ignored court decisions and refused to release 
prisoners. In the high profile case against Pasteur Bizimungu, the 
Prosecutor's Office refused to implement the court's decision requiring 
officials to return material resources confiscated during Bizimungu's 
arrest to his family, despite appeals from the family and their lawyer. 
An ombudsman is mandated to conduct investigations into judicial 
corruption; however, by year's end, no such investigations had been 
conducted.
    The Constitution provides for the adoption of a system of ordinary 
and specialized courts. Ordinary courts included the Supreme Court, the 
High Court of the Republic, the provincial courts, and district courts. 
Specialized courts included Gacaca courts and military courts.
    Although the judicial reforms adopted in July were seen as 
providing the framework for a more independent judiciary, observers 
raised concerns about the fairness of the process used to appoint and 
dismiss judges. Despite meeting the criteria delineated in the new 
reforms, several judges were fired. For example, Jean Baptiste 
Nsabimana was dismissed despite having a university law degree and 6 
years of experience.
    The law provides for public trials with the right to a defense (but 
not at public expense), a presumption of innocence, and a right to 
appeal, and these provisions were generally respected in practice; 
however, some appeals cases were subject to lengthy delays. By year's 
end, there were between 67 and 100 lawyers in the country, and the 
abject poverty of most defendants made it difficult for many of them to 
obtain legal representation. An estimated 10 percent of defendants were 
able to afford a private lawyer. Lawyers Without Borders continued to 
train Gacaca judges but did not provide defense or counsel to those in 
need. New court officers continued to be sworn in and assigned to 
courts across the country, but the Government did not have a sufficient 
number of prosecutors, judges, or courtrooms to hold trials within a 
reasonable time. During the first half of the year, the Ministry of 
Justice--as part of a campaign to professionalize the judicial sector--
began dissolving the Corps of Legal Defenders, an organization 
supported by international donors that provided those accused of 
genocide with free legal aid. By year's end, the Corps was no longer 
functioning.
    During the year, there were trials that did not meet 
internationally accepted standards. On June 7, former President Pasteur 
Bizimungu, former transport minister Charles Ntakirutinka, and six 
other persons believed to be involved with Bizimungu's banned PDR-
Ubuyanja party were found guilty of belonging to a criminal, 
antigovernment association; the eight individuals were arrested in 2002 
on charges of ``threatening national security by forming a criminal 
association.'' A court sentenced Bizimungu to 15 years in prison, 
Ntakarutinka to 10 years in prison, and the remaining six to 5 years 
each. The trial against Bizimungu and his seven codefendants, which 
began in March, was marred by a lack of corroborating evidence against 
the defense and was characterized by many international observers as 
having fallen short of international standards of fairness and 
impartiality. During the course of the trial, Bizimungu's attorney was 
detained for 24 hours for contempt of court, the judge prevented the 
defense from fully cross-examining the prosecution's witnesses, and the 
defense was only allowed to present a limited number of witnesses. The 
codefendants lodged an appeal in June, which had not been heard by 
year's end.
    The RDF continued to dismiss soldiers for indiscipline and criminal 
offenses. The RDF routinely tried military offenders in military 
courts, which handed down sentences of fines, imprisonment, or both 
during the year (see Section 1.a.). The law stipulates that civilians 
who were accomplices of soldiers accused of crimes be tried in military 
court. Civilians tried in military court had received stolen goods from 
soldiers, had acted as accomplices with soldiers to commit theft, or 
had participated in rape. Military courts tried fewer than 10 civilians 
during the year.
    The judiciary focused on resolving the enormous genocide caseload 
of more than 80,000 detainees (see Section 1.d.). Unlike in the 
previous year, the Government did not continue to implement the program 
referred to as the Gisovu, or pre-Gacaca, project, a release program in 
which genocide-related detainees and prisoners who were elderly, ill, 
or without files were taken to their former villages to allow villagers 
to make complaints against them or to confirm that there was no reason 
to detain them.
    Gacaca courts, a grassroots participatory form of justice, served 
as the Government's primary judicial process for adjudicating thousands 
of genocide cases. Gacaca courts were established in more than 9,000 
villages across the country during the year. Human rights observers 
have criticized the Gacaca courts of being biased against those who 
acted on behalf of the former government and not trying others who 
committed serious human rights violations from 1990 to the present in 
support of the current Government. The National Commission for Gacaca 
Courts, created in 2003, oversaw the rewriting of the Gacaca law. The 
new law, passed on July 19, reduced the number of judges required for a 
Gacaca trial, recategorized crimes, and reduced sentences. The Gacaca 
law provides for reduced sentences for cooperation and credit for time 
served. Lawyers were not permitted to participate officially in Gacaca. 
The procedure for observing Gacaca trials made it difficult for human 
rights groups to monitor the trials. The training of judges on the new 
Gacaca law was still being completed at year's end, and no courts had 
progressed beyond the pretrial phase.
    In addition to Gacaca courts, genocide-related cases were tried by 
the ICTR and by the Government in local courts (see Section 4). Less 
than 10 percent of individuals detained as genocide suspects have been 
tried in ordinary jurisdictions, and local legal aid organizations 
reported that no genocide-related trials took place in the country 
during the year.
    A section of the Organic Genocide Law is designed to encourage 
confessions in exchange for reduced sentences for the vast majority of 
those involved in the Genocide. Following efforts by the Government, 
international donors, and NGOs to widely advertise the confession 
provisions, 65,000 prisoners have confessed since the law was 
implemented in 1996. However, only a small number of confessions were 
processed due to lengthy administrative review and hearing proceedings, 
and the lack of officials to process the confessions through the 
system. The testimony of the 63,000 prisoners have implicated as many 
as 500,000 additional persons in the Genocide who have not yet been 
detained by police.
    There were some reports of political prisoners, including former 
President Pasteur Bizimungu and seven other persons believed to be 
involved with Bizimungu's banned PDR-Ubuyanja party.
    Few people had success pursuing their property restitution cases 
through the court system, partly because it was not functioning. There 
were reports that orphans, ex-combatants, and returning refugees had 
difficulty reclaiming their family land.

    f. Arbitrary Interference With Privacy, Family, Home or 
Correspondence.--The Constitution prohibits such practices, and 
authorities generally respected these prohibitions; however, in August, 
security forces began monitoring the homes and telephone calls of two 
journalists (see Section 2.a.).
    Unlike in the previous year, there were no reports that security 
forces forcibly entered homes.
    Between 1997 and the end of 2001, more than 600,000 persons were 
relocated to government-designated resettlement sites in compliance 
with a ``villagization'' policy. Although the Government stated that 
the move to villages was voluntary, some observers said that government 
authorities compelled many persons to move; others may have relocated 
out of fear of security forces or insurgents. While villagization 
remained government policy, the Government did not compel these persons 
to remain in the villages; however, restrictions on where houses could 
be built forced some individuals to continue to reside on the 
settlement sites. Thousands of persons still lived in inadequate 
housing not of their own choosing.
    Citizens who served in the military could be recalled to compulsory 
duty at any time. After rebel incursions from the DRC into the country 
in late March, the Government compelled citizens to participate in 
nightly watch patrols; citizens who refused were beaten and detained 
(see Section 2.c.).
    On November 30, there were unverified reports from numerous 
credible sources, including MONUC, that a significant number of armed 
men suspected of being RDF soldiers entered the DRC and attacked and 
burned villages north of Goma, near the border.
    During the year, there were numerous credible reports, including 
one by the U.N. Group of Experts, that ex-RCD/G combatants from the 
DRC, with the aid of local Rwandan and Congolese officials recruited 
for military training--sometimes forcibly--demobilized Rwandan and DRC 
soldiers and refugees from the DRC (see Section 2.d.). However, the 
Government denied that any recruitment activities occurred.
    The Government interfered with the right of Jehovah's Witnesses to 
marry according to their faith (see Section 2.c.). Unlike in the 
previous year, there were no reports that police harassed family 
members of former president Pasteur Bizimungu; however, his family 
members reportedly were still unable to gain possession of property 
confiscated by government agents in 2002, despite a court order issued 
during the year.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The Constitution provides for 
freedom of speech and of the press; however, the Government restricted 
these rights in practice, and the Government harassed journalists who 
expressed views contrary to official views. Most journalists practiced 
self-censorship due to fear of government reprisals.
    Government authorities detained individuals after they expressed 
viewpoints unacceptable to the Government. On April 28, police arrested 
Augustin Habimana after he complained in a public meeting to a mayor in 
Gisenyi Province that the current Government's policy of forced night 
patrols was similar to the policy under the former regime of Juvenal 
Habyarimana, and said that the Government should negotiate peace with 
the DRC-based rebels rather than use the local population to fight 
them. He remained in detention at year's end.
    Unlike in the previous year, there were no reports that the 
Government accused opposition party members of using language that was 
``divisionist.''
    During the year, the Government continued to exercise tight 
controls over the media. The number of newspapers continued to 
increase; however, by July, international and local observers generally 
agreed that Umuseso was the only independent newspaper remaining in 
Rwanda. There were unconfirmed reports during the year that government 
agents were attempting to covertly infiltrate Umuseso's staff to 
influence the content of the newspaper. There were both privately and 
government-owned newspapers, all of which published weekly in English, 
French, or Kinyarwanda; however, there were no daily newspapers. 
Newspapers were subject to government restrictions.
    The Government largely controlled the broadcast media. The law 
authorizes private radio and TV broadcasting, subject to the approval 
of the Government. During the year, the Government granted licenses to 
four private radio stations, three of which began operations by year's 
end. Radio Rwanda journalists were civil servants of the National 
Office of Information. Foreign media groups, including Voice of 
America, Deutsche Welle, and the British Broadcasting Corporation, 
broadcast in Kigali. The Government continued to own the only 
television station, which was nominally independent of the Government.
    During the year, the Government continued to torture, harass, and 
threaten the media. On February 22, security forces detained, harassed, 
and threatened to kill five journalists, including Robert Sebufirira 
and Emmanuel Munyaneza, both of whom worked for the independent 
Kinyarwanda weekly, Umuseso. The journalists said they were detained 
because they were printing articles that were critical of the 
Government and were told during detention not to print such articles 
again. By year's end, no action had been taken against the security 
forces members of security forces responsible for the reported beating.
    In August, security forces began following and monitoring the homes 
and telephone calls of Umuseso writers Tharcisse Semana and Madjaliwa 
Niyonsaba, both of whom subsequently went into hiding. Both journalists 
reportedly received threatening text messages demanding that they never 
again write articles critical of the Government.
    In September, the Government threatened to close Umuseso for 
several months. The newspaper's editorial staff refused to comply with 
a request by the High Council of the Press to acknowledge ``mistakes'' 
and to reveal its sources for a controversial series of articles. The 
threat followed 2 years of constant harassment during which the 
Government confiscated Umuseso's editions on several occasions. By 
year's end, the Information Ministry had not suspended Umuseso.
    On November 15, police detained incommunicado two journalists, 
Patrice Nsengiyumva, director of the Press House (Maison de la Presse), 
and Bonaventure Bizimuremyi, editor of the newspaper Umucyo. 
Eventually, authorities allowed them access to attorneys and family 
members. They were released a few days later, and by year's end, 
judicial investigations were ongoing.
    On December 18, six unknown assailants with knives stabbed and 
wounded two Umuseso journalists, Mugisha Furaha and Rwango Kadafi, 
after reportedly recognizing them as journalists. By year's end, there 
were unconfirmed reports that some of the assailants were members of 
the military and that police had arrested three of the assailants; 
however, no additional information was available.
    On December 31, members of the security forces reportedly arrested 
Umuseso journalist Didas Gasana at the country's Ugandan border, 
detained him for 5 hours, and threatened to kill him. Gasana had 
obtained an exit visa to go to Uganda for medical reasons.
    No action was taken against police officers who beat three 
journalists and a deputy editor in November 2003.
    Several journalists remained in self-imposed exile at year's end.
    At year's end, several international press freedom advocates 
continued to criticize the Government for not allowing Radio Rwanda 
journalist Dominique Makeli access to due process; he was arrested in 
1994 on charges of inciting genocide.
    The Government censored the media during the year by confiscating 
newspapers on several occasions. Authorities confiscated Umuseso 
editions throughout the year, usually while editors carried the 
newspapers from Uganda, where they were printed. In addition, during 
the summer, authorities reportedly confiscated all the copies of an 
edition published by Ukuri, a local newspaper; the confiscation took 
place shortly after the publication of an expose on police corruption.
    There were two printing presses, one of which was owned by the 
Government. The second was owned by the Catholic Church and was used 
only by the Church. Other newspapers had to either use the government 
press or print their newspapers in Uganda.
    During the year, the Government used criminal libel laws to 
suppress criticism from the media. On November 16, the editor of 
Umuseso, Charles Kabonero, was tried on criminal charges of 
``divisionism'' and defamation after Denis Polisi, a parliamentarian 
and secretary general of the ruling party, filed a libel suit against 
Kabonero. The suit was filed in response to an article published in 
August that alleged Polisi rented office space to several parastatal 
bodies and had ambitions to rule the country. The Kigali prosecutor's 
office requested a 4-year prison sentence and a fine of $90,000 (50 
million francs) for Kabonero. On November 23, Kabonero was found not 
guilty of ``divisionism,'' but he was found guilty of defamation and 
contempt of a public official. The court ordered Kabonero to pay the 
Government a $9 (5,000 francs) fine for contempt and another $6 (3,600 
francs) in court fees; it also ordered Kabonero to pay $0.001 (1 franc) 
to Polisi for damages.
    During the year, Journaliste en danger (JED), an NGO promoting 
press freedom in Central Africa, selected local journalists to monitor 
the state of press freedom in the country; however, before beginning 
work on the project, the monitors declined to fulfill their duties. 
According to JED, the monitors declined due to an atmosphere of fear 
and a general lack of press freedom in the country.
    The Government did not restrict access to the Internet or censor 
websites during the year.
    The Government did not restrict academic freedom; however, the head 
of the national university, appointed by the Government, made public 
statements describing his role as one of monitoring the university, its 
staff, and its students for evidence of ``genocide ideology.''
    Following the June release of Parliament's genocide ideology 
report, the Ministry of Education, Science, and Technology fired 37 
teachers and suspended 27 high school students on accusations that they 
engaged in genocide ideology and other offenses, including sexual 
abuse, intent to poison Tutsi, and harassment of genocide survivors. 
The Ministry delivered the list of more than 60 educators and students 
to police for prosecution. Human rights observers noted that the 
Government had a responsibility to prevent the recurrence of genocide; 
however, they criticized the Government's use of the ill-defined charge 
of genocide ideology, saying that it threatened academic freedom and 
freedom of speech, and that it encouraged local officials to fabricate 
false charges against persons for personal, political, or economic 
gain.

    b. Freedom of Peaceful Assembly and Association.--The Constitution 
provides for freedom of assembly; however, authorities limited this 
right in practice. Authorities legally may require advance notice for 
outdoor rallies, demonstrations, and meetings. Authorities generally 
prohibited nighttime meetings, particularly after rebel incursions into 
the northwest part of the country from the DRC in late March and April.
    During the year, there were reports that authorities prevented 
meetings by NGOs (see Section 4).
    The Constitution provides for freedom of association; however, the 
Government limited this right in practice. Private organizations were 
required to register, and in practice, the Government generally granted 
licenses without undue delay; however, there were some exceptions. 
During the year, the Government instituted a new policy for 
registration, requiring organizations to obtain letters of support from 
every local official in areas in which the organizations intended to 
work. This essentially made registration extremely difficult for some 
types of organizations, particularly human rights organizations.
    During the year, the Government refused registration to The 
Community of Indigenous Peoples of Rwanda (CAURWA), a Batwa advocacy 
organization (see Section 5).
    The Constitution provides for a multiparty system of government and 
for the free operation of political organizations; however, the 
Government often did not respect these provisions. During the year, the 
main opposition party, the Democratic Republican Movement, remained 
inactive as a result of the cabinet's May 2003 recommendation to ban 
it; although the Supreme Court never acted upon the recommendation, the 
MDR was dissolved shortly thereafter when all existing political 
parties were required to reregister under a new political party law. 
The actions taken by authorities during the 2003 election campaign 
period created an atmosphere of fear, so many groups simply chose not 
to meet. Members of political parties other than the ruling RPF 
reported that, because Rwanda had essentially become a one-party state, 
there was no sense in meeting.
    All political organizations were obliged to join and attend 
meetings of the Forum for Political Organizations, chaired by the RPF 
Secretary General. The only new party registered during 2003, the Party 
for Peace and Concord (PPC), did not join the RPF coalition. Security 
forces harassed its executive committee members, and several members 
were forced out of their jobs, including the former Postmaster General, 
Dr. Christian Marrara.
    The Government continued to harass former members of the MDR and 
other opposition figures.
    Unlike in the previous year, there were no reports that the RCD/G 
(or ex-RCD/G) or Uganda People's Congress forces restricted freedoms of 
assembly.

    c. Freedom of Religion.--The Constitution provides for freedom of 
religion; however, while the Government generally respected this right 
in practice, it failed to prevent local authorities from abusing or 
restricting religious freedoms, particularly those of Jehovah's 
Witnesses.
    There were numerous reports that police beat and detained or 
arrested members of Jehovah's Witnesses because they refused to 
participate in nighttime security patrols. Since March, 209 members of 
Jehovah's Witnesses were imprisoned or detained on alleged security 
grounds, 34 of whom faced severe beatings while in detention. 
Detentions ranged from 1 day to 1 month in length. Jehovah's Witnesses 
members from 6 of the 12 provinces were arrested on charges of 
``disobeying government emergency security policy,'' specifically, 
refusing to participate in night patrols. In four of the six provinces, 
local authorities beat the detained Jehovah's Witnesses.
    There were also reports during the year that authorities closed a 
Jehovah's Witnesses Kingdom Hall and dispersed worshippers.
    On August 24, police arrested 16 men and 8 women who were 
participating in a Jehovah's Witness service in Mataba, Umutara 
Province. They reportedly were imprisoned because they were meeting on 
a Tuesday rather than a Saturday. The women were released after 2 days, 
and the men after 3 days.
    Unlike in the previous year, there were no reports that authorities 
detained or harassed Seventh-day Adventists.
    Pentecostal Pastor Majyambere remained in detention at year's end 
on charges of ``preaching rebellion.''
    After 2 years in prison, members of the Mouvement Sacerdotal Marial 
were released in June. There was no development in the cases of the 
Pentecostal prayer group arrested in March 2003.
    The report by the Commission on Genocide Ideology criticized a 
number of churches, their activities, and/or their leaders (see Section 
4). The report specifically targeted Jehovah's Witnesses, Seventh-day 
Adventists, a number of Pentecostal churches, and several Catholic 
priests. For example, the report accused a Catholic priest of promoting 
genocide ideology because he created an association of micro-credit 
borrowers, whose members all belonged to the same ethnic group. In 
addition, churches were criticized for allowing Hutu and Tutsi to sit 
separately during prayers. The Commission recommended that the 
Government should intervene in internal church politics to resolve 
leadership conflicts, that a number of associations should be 
abolished, and that the Government should counsel churches about which 
activities were acceptable. It also called on Parliament to adopt a 
special law to govern the functioning of all churches in the country; 
however, by year's end, no such law had been adopted.
    The law requires that all nonprofit organizations, including 
churches and religious organizations, register with the Ministry of 
Justice to acquire the status of ``legal entity.'' At year's end, no 
application had been denied, and no group's religious activities had 
been curtailed as a result of difficulties or delays in the 
registration process.
    The law does not require that a person who wants to get married at 
a ceremony presided over by a government official must put his or her 
hand on the national flag, but this practice was enforced throughout 
the country. Jehovah's Witnesses had a very difficult time finding 
places to marry without this patriotic ceremony, which they objected to 
on religious grounds. Jehovah's Witnesses claimed that members of their 
faith have been beaten and imprisoned at the place issuing the marriage 
certificate, due to their refusal to place their hands on the flag.
    According to church officials, in 4 of the country's 12 provinces, 
43 children of Jehovah's Witnesses were expelled from secondary schools 
between April and June for refusing to salute the national flag or to 
sing the national anthem. Church officials raised the issue with 
national authorities, but most of the children remained expelled until 
the end of the school year.
    Some religious leaders were perpetrators of violence and 
discrimination during the year, and several clergy members of various 
faiths faced charges of genocide in the country's courts and in the 
ICTR (see Section 4).
    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, the Government at times did not respect them in 
practice. Citizens had to show identification upon request by security 
forces. Citizens must obtain a new national identity card when making a 
permanent move to a new district, and these new cards were issued 
routinely. In May, government officials forced citizens to return to 
the districts listed on their identity cards and said those who refused 
to return would face detention.
    There were several reports during the year that government 
officials delayed passport issuances for, or threatened to confiscate 
passports of, political dissidents, most notably Dr. Theoneste 
Niyategeka, who ran against President Kagame in the 2003 presidential 
elections.
    The Constitution prohibits forced exile, and the Government did not 
use forced exile; however, some individuals secretly left the country 
to live in self-imposed exile because they believed their lives were in 
danger. For example, in March, the editor in chief of an independent 
Kinyarwanda newspaper, Robert Seburfrira, fled the country after 
continuous harassment and torture by security forces. In October, 
several persons implicated in the June parliamentary report on genocide 
ideology also fled the country, including a Catholic priest and a high 
school administrator.
    Between February and April, government officials from both Rwanda 
and the DRC were pressuring refugees to return to the DRC, according to 
DRC refugees in the Gihembe and Kiziba camps, in Rwanda's Byumba and 
Kibuye provinces (respectively). Government officials reportedly 
entered the camps in plain clothes, posing as refugees, and conducted 
unsanctioned meetings designed to encourage the refugees to return to 
the DRC. In one case, these officials allegedly pressured the refugees 
to sign a letter requesting their immediate repatriation.
    By year's end, more than 50,000 Rwandan refugees remained outside 
the country; however, approximately 13,000 refugees returned to the 
country during the year. According to the UNHCR, more than 10,000 
citizens freely returned to the country from the DRC, and another 2,500 
refugees were voluntarily repatriated from Uganda.
    More than 5,000 Hutu former combatants and accompanying family 
members were repatriated to the country as part of an effort to 
demobilize, repatriate, and reintegrate Rwandan rebels in the DRC.
    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 providing protection to refugees. The Constitution 
recognized the right to asylum ``under conditions determined by law''; 
however, there was no law in place to recognize refugees. In practice, 
the Government provided some protection against refoulement, the return 
of persons to a country where they fear persecution, and it granted 
refugee status and asylum; however, the Government was slow to 
implement refugee registration procedures, and most persons seeking 
asylum or refugee status had to seek private assistance (finding 
housing, food, and other supplies) while waiting for formal recognition 
by the Government. The Government generally cooperated with the U.N. 
High Commissioner for Refugees (UNHCR), which was responsible for 
granting refugee status until March. The UNHCR continued to assist 
refugees and provided temporary protection to approximately 50,900 
persons, the vast majority of whom were refugees from the DRC who fled 
the DRC during the unrest of 1996.
    During the first 6 months of the year, when the Government was 
taking over the responsibility of registering refugees and asylum 
seekers, there were numerous reports that government officials harassed 
and imprisoned refugees and asylum seekers. Some refugees reported that 
during February, they were tortured while in prison and others were 
intentionally starved. Police and immigration officials in remote 
locations were either unaware of their new responsibilities to register 
refugees and asylum seekers, or poorly trained to do the job. By year's 
end, the reported incidents of harassment were considerably lower. 
There were numerous reports, including one prepared by an independent 
panel of experts for the U.N. Security Council, that former RCD/G 
agents in the DRC entered refugee camps in Rwanda, with the aid of 
local Rwandan authorities, to recruit young men, including children, to 
join their militia in the eastern DRC; however, some parents of 
refugees who left the camps said they sent their children to the DRC 
for schooling--not for use as soldiers--and the U.N. report, which 
relied heavily on statements by humanitarian aid workers, did not 
refute this claim.
    During the year, UNHCR supported three monitoring officers who 
generally found that returning refugees could negotiate agreements with 
persons living on and using their former property. However, in one 
case, 200 refugees returning from Uganda chose to return to Uganda 
after being unsuccessful in reclaiming their land in Umutara Province. 
Local authorities did not actively prevent them from accessing the 
land; however, they did not protect refugees' right of return as it 
applied to property.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The Constitution provides for the right of citizens to change their 
government peacefully; however, despite peaceful presidential and 
legislative elections during 2003, this right was effectively 
restricted.
    In August 2003, President Paul Kagame won a landslide victory 
against two independent presidential candidates. International election 
observers, representing both governments and NGOs, noted that the 
country's first post-genocide elections, though peaceful, were marred 
by numerous irregularities, including ballot stuffing, ``guarded'' 
polling booths, and irregular ballot counting in at least 2 of the 12 
provinces. There also were numerous credible reports that during the 
presidential and legislative campaign periods in 2003, Kagame's 
opponents and their supporters faced widespread harassment and 
intimidation, including detention, which made it virtually impossible 
to campaign.
    The local level electoral process requires that persons queue 
behind the candidate of their choice. Since there is no confidentiality 
in the voting process, there is considerable social pressure to select 
the RPF candidate. In some districts, this pressure was so great that 
no one chose to challenge the RPF candidate. International observers 
also expressed concern that approximately half of the provincial and 
district officials, elected 2 years ago to 4-year terms, were removed 
by unilateral state decision.
    During the year, several local elections were held to replace 
officials removed from office for ``incompetence'' or ``corruption''; 
observers did not consider the election process to be free and fair.
    The Constitution, adopted in May 2003, requires that all political 
parties register with the Government, and all but one of the parties 
that existed prior to May 2003 successfully re-registered (see Section 
2.b.). During the year, no party other than the ruling RPF was active 
in party building activities such as recruitment and platform 
development.
    The Constitution provides for a bicameral legislature, consisting 
of an 80-seat Chamber of Deputies and a 26-seat Senate. The term for 
Deputies was 5 years, while the term for Senators was 8 years, non-
renewable.
    In the September and October 2003 legislative elections, President 
Kagame's political party, the RPF, won the majority of the seats in the 
Chamber of Deputies and Senate. International election observers noted 
that the elections, though peaceful, were marred by numerous 
irregularities and widespread intimidation against the opposition.
    In addition to the RPF, six other political parties were 
represented in the Chamber of Deputies and the Senate; however, none 
were considered to be fully independent of President Kagame and the 
RPF.
    In accordance with the Constitution, all political organizations 
were required to join the Forum for Political Organizations. In 
addition, the law regulates the formation, structure, and functioning 
of political organizations; it also monitors their use of the media, 
management of financial assets, and relations between political 
organizations and other institutions. The law outlines a code of 
conduct that places tight controls on political organizations. For 
example, the law states that political organizations have the ``moral 
obligation to condemn any biased ideas and behavior aimed at turning 
the State into a State governed by a cluster of politicians.'' The law 
also outlines the Government's ability to cancel an organization's 
mandate. Political organizations that participated in Forum meetings 
during the year reported that they were not allowed to openly discuss 
their concerns about political space in the country.
    Corruption of government officials was a problem. During the year, 
the ombudsman's office, created in 2003 to combat corruption, reported 
over 2,000 cases of financial and administrative corruption committed 
during the year. Most were cases where a government official used his 
or her power to coerce citizens into action.
    In January, two prominent government officials resigned or took a 
leave of absence before being replaced because of allegations of 
corruption. Gerald Gahima, former Prosecutor General and Vice President 
of the Supreme Court, was accused of using his position to secure bank 
loans. Gahima's brother, Theogene Rudasingwa reportedly took a leave of 
absence from his position as Advisor to the President after being 
accused of giving government contracts to his construction company. 
During the year, security forces intimidated a local hotel into 
breaking its contract with a private security company, KK Security, and 
hiring Intersec, a security company owned by an RPF investment group.
    The law does not provide for access to government information, and 
in practice, it remained difficult for citizens and foreigners, 
including journalists, to obtain access to government information.
    The Constitution requires that at least 30 percent of the seats in 
Parliament be reserved for women; women won approximately 40 percent of 
the seats during September 2003 legislative elections. At year's end, 
there were 8 women in the 26-seat Senate and 39 women in the 80-seat 
Chamber of Deputies. In addition, President Kagame appointed 9 women to 
ministerial positions, representing 32 percent of the positions in his 
cabinet.
    Although the Constitution stipulated that marginalized groups 
should be represented in the Senate, the Batwa were not explicitly 
given such representation.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    A variety of domestic and international human rights groups 
operated in the country, investigating and publishing their findings; 
however, the Government effectively dismantled independent human rights 
organizations during the year. The Government generally did not provide 
to human rights organizations, or to other governments, systematic 
replies or rebuttals to allegations of human rights abuses committed in 
the country. The Government tended to be suspicious of local and 
international human rights observers. The majority of the domestic 
human rights organizations were seen as being only nominally 
independent of the Government, and none of the domestic organizations 
had the resources to conduct extensive human rights monitoring. The 
Government harassed those that attempted to report and act with 
significant independence.
    During the first half of the year, local NGO activities often were 
limited to receiving and compiling reports from citizens about human 
rights abuses and conducting selected investigations, primarily because 
of resources but also because of some self-censorship. Reports were 
published occasionally; statements criticizing specific incidents were 
more common.
    On June 30, Parliament approved a report by the Commission on 
Genocide Ideology that described evidence allegedly showing the 
prevalence of ``genocide ideology'' in each of the country's 12 
provinces. Based on 6 months of investigations, the report dealt with 
cases of harassment of genocide survivors, the activities of the 
domestic human rights organization Rwandan League for the Promotion and 
Defense of Human Rights (LIPRODHOR) and other NGOs, and allegedly 
corrupt leaders of local government, churches, and grassroots 
organizations. During the year, the Government used this report to 
target perceived critics of the Government (see Sections 2.a. and 
2.c.). International observers criticized the report for failing to 
adequately define genocide ideology and failing to protect the 
principle of presumption of innocence. Simply being accused by the 
Government of supporting a genocide ideology was enough to damage the 
ability of the accused organizations from being able to work 
effectively, even if they were later absolved of guilt.
    The report called for the dissolution and prosecution of a number 
of civil society organizations and their members. After the release of 
the report, independent human rights organizations were effectively 
dismantled, and all independent sources of information on the human 
rights conditions in the country disappeared in the second half of the 
year. The government particularly targeted LIPRODHOR, calling for its 
dissolution because it allegedly promoted the idea that the Government 
protected and promoted only Tutsi interests. Although LIPRODHOR was not 
dissolved, it was forced to rewrite its mandate, and align itself more 
closely with Government policy. In June and July, several LIPRODHOR 
executive board members fled the country.
    Other civil society organizations implicated in the report were 
also forced either to stop their activities or rework their programs to 
align more closely with government policy. In response to the 
parliamentary report, a group of progovernment domestic NGOs created an 
NGO ``Platform,'' or collective, to manage the activities of NGOs. 
Membership was not voluntary, and the elections for officers were 
irregular.
    There were reports that authorities prevented NGO meetings during 
the year.
    On September 6, despite 3 years of negotiations between the 
Government and international NGOs on a draft law to manage 
international NGOs, the Government proposed an entirely new draft law 
to the international NGOs. The proposed new law did not address many of 
the compromises made during the previous negotiation and subjected NGOs 
to stringent government oversight. No compromise had been reached 
between the parties by year's end, but the proposal was widely seen as 
an attack on international NGOs.
    The Government continued to criticize reports by international 
observers and human rights NGOs and was hostile towards those whose 
reporting was perceived by the Government to be biased and inaccurate.
    In July, a report issued by a U.N. panel accused the Government of 
supporting dissidents in the DRC, led by ex?RCD/G commanders such as 
Colonel Mutebutsi and General Nkunda, who seized the eastern town of 
Bukavu in June, thereby breaking an arms embargo instituted in 2003 by 
the U.N. Security Council. In its report, the U.N. Expert Panel on the 
Illegal Exploitation of Natural Resources and Other Forms of Wealth in 
the DRC concluded that the Government's ``ongoing assistance, which 
includes the supply of arms and ammunition, continues to threaten the 
stability of the [DRC] transitional government and, if unchecked, could 
lend itself to a renewed outbreak of hostilities and further jeopardize 
regional stability.'' The Government's minister for regional 
cooperation described the report as a ``fabrication lacking credible 
evidence'' and accused it of being biased.
    In December, following unconfirmed MONUC reports that RDF forces 
had entered the DRC, the U.N. Security Council sharply criticized the 
Rwandan Government and called on it to immediately withdraw troops who 
may have crossed the border. A U.N. spokesperson said the U.N. had been 
unable to verify information independently because the region was 
difficult to access. The Government denied that its troops had entered 
the DRC.
    The ICTR continued to prosecute genocide suspects during the year. 
Since 1994, the ICTR has delivered verdicts on 23 persons, including 6 
during the year. Government authorities sporadically prevented 
witnesses from attending and giving testimony at the ICTR, which 
delayed the judicial process. Relations and cooperation between the 
Government and the ICTR improved following the 2003 appointment of 
Hassan Bubacar Jallow as the ICTR's Prosecutor. Discussions between the 
Government and the Tribunal continued on investigating Rwandan 
Patriotic Army (RPA) crimes, or ``revenge killings,'' committed in 
1994.
    Six genocide trials were completed by year's end. On January 22, 
Jean de Dieu Kamuhanda, former Minister of Culture and Education, was 
sentenced to life imprisonment. On February 25, a lieutenant in the 
Armed Forces of the Congo (FAR), Sammuel Imanishimuwe, was sentenced to 
life imprisonment. On the same date, Emmanuel Bagambiki, former prefect 
of Cyangugu Province, and Andre Ntagerura, former Minister of 
Transportation, were both provisionally released. On June 17, Sylvestre 
Gacumbitsi, Mayor of Rusumo Commune in Kibungo Province, was sentenced 
to 30 years in prison. On July 15, former Minister of Finance Emmanuel 
Ndindabahizi was sentenced to life imprisonment.
    Twenty-five ICTR trials were in progress at year's end, and 11 
cases were under appeal. An additional 17 persons remained in 
detention, awaiting trial at the year's end, while 3 persons accused of 
genocide awaited transfer to Arusha. Two of the three ICTR 
investigators arrested in 2001 on genocide charges were in custody 
awaiting trial at year's end; the remaining investigator had been 
released from custody but was fired by the ICTR.
    In May, the Government publicly criticized efforts by the ICTR to 
investigate alleged RPA war crimes and said civilian casualties were 
sometimes an unavoidable consequence of military operations.
Section 5. Discrimination Societal Abuses, and Trafficking in Persons
    The Constitution provides that all citizens are equal before the 
law, without discrimination on the basis of ethnic origin, tribe, clan, 
color, sex, region, social origin, religion or faith opinion, economic 
status, culture, language, social status, or physical or mental 
disability. The Government generally enforced these provisions; 
however, problems remained.

    Women.--The law did not specifically prohibit domestic violence, 
and domestic violence against women, including wife beating, was 
common. Cases normally were handled within the context of the extended 
family and rarely came before the courts. Since the courts were being 
restructured during the year, no new cases were heard. In recent years, 
those convicted of rape generally received sentences of from 20 to 30 
years of imprisonment.
    A Human Rights Watch study, released September 30, addressed 
justice in cases of sexual violence and highlighted that only a few 
perpetrators of sexual violence had been prosecuted over the past 
decade. The report found that weaknesses in statutory law, insufficient 
protections for victims and witnesses, lack of training for authorities 
with respect to sexual violence, and poor representation of women among 
police and judicial authorities have resulted in an inadequacy on the 
Government's part to ensure legal redress and medical assistance. 
According to Amnesty International, although an estimated 250,000 to 
500,000 women and girls were raped during the Genocide, the survivors 
still had almost no opportunity for legal recourse; and although some 
organizations estimate that 75 percent of genocide widows were living 
with HIV/AIDS, medical care was unavailable to the majority of them.
    Prostitution and trafficking were problems (see Section 5, 
Trafficking).
    Women continued to face societal discrimination. Women 
traditionally performed most of the subsistence farming. Since the 1994 
Genocide, which left numerous women as heads of households, women have 
assumed a larger role in the formal sector, and many have run their own 
businesses. Nevertheless, women continued to have limited opportunities 
for education, employment, and promotion. Government efforts to expand 
opportunities for women included a clause in the Constitution providing 
that at least 30 percent of the seats in Parliament be reserved for 
women; women won approximately 40 percent of the seats during September 
2003 legislative elections. Other efforts included scholarships for 
girls in primary and secondary school, loans to rural women, and a 
Ministry of Gender program to train government officials and NGOs in 
methods to increase the role of women in the workforce. The Family Code 
generally improved the legal position of women in matters relating to 
marriage, divorce, and child custody. The law allows women to inherit 
property from their fathers and husbands, and it allows couples to 
choose the legal property arrangements they wish to adopt; however, in 
practice, it was much more difficult for women to successfully pursue 
property claims than for men.
    The Ministry of Gender and Women in Development was charged with 
handling problems of particular concern to women, and the Minister was 
an active advocate of women's rights. A number of women's groups were 
extremely active in promoting women's concerns, particularly those 
faced by widows, orphaned girls, and households headed by children.

    Children.--The Government was committed to children's rights and 
welfare, and it attempted to provide education and health care to every 
child. Children headed at least 65,000 households. The Government 
worked closely with international NGOs to secure assistance for 
children who were heads of households, and sensitized local officials 
to the needs of children in such situations.
    Education is compulsory through primary school or until age 12. 
While primary school fees were officially waived during the year, most 
parents still had to pay the fees to support basic school operations. 
School fees routinely were waived for orphans. Public schools lacked 
essential and basic supplies and could not accommodate all children of 
primary school age. A UNICEF study reported that 400,000 school-age 
children were unable to go to school in 1999. Private schools often 
were too distant or too expensive to serve as an alternative for many 
children. Examination decided entry to secondary school. According to a 
UNICEF report published during the year, 67 percent of primary school-
age boys and girls were enrolled in school. Of the children who entered 
the first grade, 78 percent reached the fifth grade. Approximately 74 
percent of men were literate, compared with 60 percent of women.
    Child prostitution was a problem (see Section 5, Trafficking).
    During the year, there were reports that former RCD/G forces in the 
DRC recruited, sometimes forcibly, children from refugee camps within 
Rwanda with the aid of local Rwandan officials (see Section 2.d.). The 
Coalition to Stop the Use of Child Soldiers reported that armed groups 
in the DRC continued to use approximately 2,000 Rwandan children as 
soldiers in Ituri district of the DRC. The Government denied that any 
such recruitment activities occurred in the country and that Rwandan 
children were being used as child soldiers in the DRC.
    The Government's program of demobilization and reintegration 
continued during the year, with a number of child soldiers from the DRC 
participating in the program. In January, the Government opened a 
demobilization center dedicated specifically to children. The 
Government participated in an International Labor Organization (ILO)-
International Program for Elimination of Child Labor (IPEC) program to 
prevent the involvement of children in armed conflicts and support the 
rehabilitation of former child soldiers. There were credible reports 
that, in some regions, children were recruited to work for the LDF; 
however, these were isolated cases.
    Child labor was prevalent (see Section 6.d.).
    There were approximately 6,000 street children throughout the 
country. Local authorities rounded up street children and placed them 
in foster homes or government-run facilities. The Gitagata Center still 
housed approximately 400 children, the majority of whom were rounded up 
in December 2003. The Government supported a ``Childcare Institution'' 
in each of the 12 provinces that served as safe houses for street 
children, providing shelter and basic needs. The Government continued 
to work with NGOs throughout the year to address the question of street 
children.

    Trafficking in Persons.--There was no specific antitrafficking law, 
but laws against slavery, prostitution by coercion, kidnapping, rape, 
and defilement were available to prosecute traffickers; however, there 
were reports of trafficking.
    No traffickers have been prosecuted; however, during the year, the 
Government actively investigated cases of sex crimes, although it did 
not keep separate trafficking statistics. In 2003, the Government 
prosecuted 581 persons accused of sexual crimes against children. The 
Government was making significant efforts to fight trafficking despite 
severe resources constraints.
    The Government provided training on sex crimes and crimes against 
children to police as part of the police training curriculum. During 
the year, the Government worked to open a forensic lab to aid police in 
building stronger cases against traffickers; by year's end, the 
administrative offices were functioning. During the year, the 
Government also monitored immigration and emigration patterns, as well 
as border areas that were accessible by road.
    The country was a source country for small numbers of women and 
children trafficked for the purposes of sexual exploitation, domestic 
labor, and soldiering. Small numbers of women were trafficked 
internally or to Europe for prostitution. A small number of child 
victims were trafficked to Burundi and the DRC. There were reports that 
local government officials facilitated the trafficking of children for 
use as soldiers in the DRC (see Section 5, Children).
    Numerous children headed households, and some of these children 
resorted to prostitution or may have been trafficked into domestic 
servitude. Child prostitution was a problem. Former adult prostitutes 
preyed on children from rural areas, recruiting them to work in cities, 
often under false pretenses. UNICEF estimated that there were 2,140 
child prostitutes in the major cities and several thousand street 
children.
    The Government identified the worst forms of child labor, and, in 
collaboration with UNICEF, identified three NGOs to help children 
working in these sectors. The Government also sponsored programs 
specifically designed to alleviate poverty among the poorest families, 
in which poverty was most often cited as the primary cause of forced 
child labor. When the Government dismantled prostitution rings, it 
offered women rehabilitation programs, which included work retraining.

    Persons With Disabilities.--Although there were no laws restricting 
persons with disabilities from employment, education, or other state 
services, in practice, few persons with disabilities had access to 
education or employment. There was no law mandating access to public 
facilities.

    National/Racial/Ethnic Minorities.--Before 1994, an estimated 85 
percent of citizens were Hutu, 14 percent were Tutsi, and 1 percent 
were Batwa (Twa). However, Hutus and Tutsis were not clearly distinct 
groups since the two have intermarried for generations. The 1994 mass 
killings and migrations probably affected the ethnic composition of the 
population, but the extent and nature of the changes remained unknown.
    With the removal of ethnic labels from identification cards, the 
Batwa no longer were officially designated as an ethnic group. During 
the year, there were approximately 23,000 Batwa in the country, which 
represented less than 1 percent of the population. The Batwa, survivors 
of the Twa (Pygmy) tribes of the mountainous forest areas bordering the 
DRC, existed on the margins of society and continued to be treated as 
inferior citizens by both the Hutu and Tutsi groups.
    The Government refused to register CAURWA, an advocacy group for 
the Batwa, because its program of advocating on behalf of one ethnic 
group was perceived as ``divisive.''
    By year's end, no investigation had been made into the case of a 
Batwa genocide suspect who died in 2002 during detention at Gikongoro 
prison.
    There were seven Batwa organizations focused on the protection of 
their interests, which included access to land, housing and education, 
and the eradication of discrimination against them; however, they 
generally were unable to protect their interests due to government 
restrictions on using ethnic labels. Because the Government no longer 
recognized ethnicity, the Batwa were unable to argue that they needed 
special services. Few Batwa had been educated formally. There was one 
Batwa on the National Commission for Human Rights, but no explicit 
Batwa representation in the Senate, despite a constitutional provision 
that allows the president the right to appoint four members to the 
Senate ``who shall ensure the representation of historically 
marginalized communities.''
    Large-scale interethnic violence in the country between Hutus and 
Tutsis has erupted on three occasions since independence in 1962, 
resulting on each occasion in tens or hundreds of thousands of deaths. 
The most recent and severe outbreak of such violence, in 1994, involved 
genocidal killing of much of the Tutsi population under the direction 
of a Hutu-dominated government and in large part implemented by Hutu-
dominated armed forces called the ex-FAR and Interahamwe militia. The 
Genocide ended later the same year when a predominately Tutsi militia, 
operating out of Uganda and occupied Rwandan territory, overthrew that 
government and established the Government of National Unity, which was 
composed of members of eight political parties and which ruled until 
the elections in August and September 2003. Since 1994, the Government 
has called for national reconciliation and committed itself to 
abolishing policies of the former government that had created and 
deepened ethnic cleavages. The Constitution provides for the 
eradication of ethnic, regional, and other divisions and the promotion 
of national unity. Some organizations and individuals accused the 
Government of favoring Tutsis, particularly English-speaking Tutsis, in 
government employment, admission to professional schooling, recruitment 
into or promotion within the army, and other matters; however, the 
Government continued to deny this charge.

    Incitement to Discrimination.--Following the June release of 
Parliament's genocide ideology report and an October Radio Rwanda 
broadcast about the same subject, there were reports that local 
government officials incited Tutsi citizens to make false accusations 
against or discriminate against Hutus. During the year, one case of 
discrimination involved a personal conflict between a local Tutsi 
official and a Hutu school administrator. The local official accused 
the school administrator of threatening Tutsi students. Although the 
school administrator was eventually cleared of the charges, he was 
forced to leave the district and reported ongoing harassment by 
government intelligence officers.
Section 6. Worker Rights
    a. The Right of Association.--The law provides noncivil servants 
with the right to create professional associations and labor unions, 
and workers generally exercised this right in practice. The law 
specifically excludes civil servants from organizing. The labor 
movement was hampered because of the massive disruptions caused by the 
1994 Genocide. Unions continued to regroup and assert themselves during 
the year; however, the Government and many employers were opposed to 
the idea of trade unions operating freely.
    More than 85 percent of workers were engaged in small-scale 
subsistence farming. Union membership was voluntary and open to all 
salaried workers, including public sector employees. Organized labor 
represented only a small part of the work force. Approximately 7 
percent of the work force worked in the formal (wage) sector, and 
approximately 75 percent of those active in the modern sector were 
union members.
    There were no restrictions on the right of association for noncivil 
servants, but all unions must register with the Ministry of Labor for 
official recognition. There were no known cases in which the Government 
denied recognition. The law prohibits unions from having political 
affiliations and from publicly expressing their political, 
philosophical, or trade union opinions, which the Central Union of 
Rwandan Workers (CESTRAR) has said is tantamount to prohibiting 
organizing.
    The law prohibits antiunion discrimination, but there were neither 
functioning labor courts nor other formal mechanisms to resolve 
complaints involving discrimination against unions. Union activists 
have complained that some employers threatened to fire employees who 
attempted to join a union. The law requires employers to reinstate 
workers fired for union activity; however, there were no reports that 
employers had fired employees for this reason.

    b. The Right to Organize and Bargain Collectively.--The law 
provides for the protection of workers from employer interference in 
their right to organize and administer unions; however, the law does 
not include agricultural workers in this provision. The law provides 
for collective bargaining, although only CESTRAR had an established 
collective bargaining agreement with the Government. In practice, the 
Government was intimately involved in the collective bargaining process 
since most union members were in the public sector (see Section 6.e.). 
There were no export processing zones.
    Participation in unauthorized demonstrations could result in 
employee dismissal, nonpayment of wages, and civil action against the 
union. Authorization was not required for union meetings.
    The law provides for the right to strike, except for public service 
workers and workers in essential services; however, there were no 
strikes during the year. The Minister of Labor decides what constitutes 
an essential service. According to the International Confederation of 
Free Trade Unions, there is an excessively broad definition of so-
called ``essential'' services in which strikes are prohibited. A 
union's executive committee must approve any strike, and the union must 
first try to resolve its differences with management according to steps 
prescribed by the Ministry of Public Service and Labor. This process 
essentially prohibits strikes. There were no demonstrations by union 
members during the year.

    c. Prohibition of Forced or Compulsory Labor.--The law prohibits 
forced or compulsory labor; however, prisoners were assigned to work 
details, which generally involved rebuilding houses, clearing land, or 
other public maintenance duties. Prisoners also may be hired out to 
perform work at private residences and businesses. It was unclear how 
much pay the prisoners were given in return for their work.
    During the year, there were reports of forced coltan mining by 
prisoners, as well as other forms of forced labor.
    The law does not prohibit specifically forced and compulsory labor 
by children, and there were reports that former RCD/G forces in the DRC 
forcibly recruited children from refugee camps within Rwanda with the 
aid of local Rwandan officials (see Sections 2.d. and 5).

    d. Prohibition of Child Labor and Minimum Age for Employment.--
Except for subsistence agriculture, which occupies approximately 85 
percent of the workforce, the law prohibits children under the age of 
16 from working without their parents' or guardians' permission and 
prohibits children under 16 from participating in night work or any 
work deemed hazardous or difficult, as determined by the Minister of 
Labor; however, child labor was prevalent. Night work is defined by the 
Labor Code as work between 7 p.m. and 5 a.m.; children also must have a 
rest period of at least 12 hours between work engagements. The minimum 
age for full-time employment is 18 years, and 14 years for 
apprenticeships, provided that the child has completed primary school. 
According to a 2003 U.N. report, 31 percent of children between the 
ages of 5 and 14 engaged in child labor, and during the year, children 
headed many households.
    The Government identified five forms of child labor as those that 
should be considered as the ``worst forms of labor,'' including 
domestic work outside the family sphere; agricultural activities on 
tea, rice, and sugar cane plantations; work in brickyards and sand 
extraction quarries; crushing stones; and prostitution. During the 
year, child labor persisted in the agricultural sector (particularly on 
tea plantations), among household domestics, in small companies, and 
the brick-making industry. In addition, child prostitution was a 
problem, and there were unconfirmed reports that ex-RCD/G combatants 
forcibly recruited refugee children for use as soldiers in the DRC (see 
Sections 2.d. and 5). Children received low wages and abuse was common.
    The Ministry of Public Service and Labor and the Ministry of Local 
Government did not enforce child labor laws effectively. There 
continued to be a lack of labor inspectors and labor courts to prevent 
child labor.
    During the year, the Government took some steps to prevent and 
reduce the use of child labor. In July, the Ministry of Labor conducted 
training for the country's 12 labor inspectors; 1 day was devoted to 
child labor. Throughout the year, the Government conducted a widespread 
education campaign on child labor that included radio and television 
programs. In addition, the Government continued to support 12 child 
labor inspector offices, 1 for each of the country's provinces; 
however, the Government was unable to provide them with adequate 
resources to effectively identify and prevent the use of child labor.

    e. Acceptable Conditions of Work.--The Ministry of Public Service 
and Labor set minimum wages in the small formal sector. The Government, 
the main employer, effectively set most other wage rates as well. There 
is no single minimum wage; minimum wages varied according to the nature 
of the job. The minimum wages paid did not provide a decent standard of 
living for a worker and family, and in practice, workers accepted less 
than the minimum wage. Often families supplemented their incomes by 
working in small business or subsistence agriculture.
    Officially, government offices and private sector entities had a 
40-hour workweek; the maximum workweek was 45 hours. The Government 
mandated that the workday begin at 7 a.m. and end at 3:30 p.m., with a 
30-minute break for lunch. There was no mandated rest period. The law 
regulates hours of work and occupational health and safety standards in 
the formal wage sector, but inspectors from the Ministry of Public 
Service did not enforce these standards aggressively. Workers do not 
have the right to remove themselves from dangerous work situations 
without jeopardizing their jobs.

                               __________

                         SAO TOME AND PRINCIPE

    The Democratic Republic of Sao Tome and Principe is a multiparty 
democracy. Fradique de Menezes was elected President of the country in 
a 2001 election deemed free and fair by international observers. In 
2002 parliamentary elections, also deemed free and fair, the Movement 
for the Liberation of Sao Tome and Principe-Social Democratic Party 
(MLSTP) won 24 seats, the Movement for the Democratic Force of Change 
(MDFM) coalition won 23 seats, and the Ue-Kedadji coalition won 8 
seats; Gabriel Arcanjo Ferreira da Costa was named Prime Minister. In 
2002, President Menezes dismissed Costa, and a new 13-member coalition 
government was formed under Maria das Neves. In September, das Neves 
was dismissed for corruption and replaced by Damiao Vaz D'Almeida. 
During the year, the Government held town hall meetings throughout the 
country to establish a national consensus on the country's priorities; 
the search for consensus was one of the military's stipulations to end 
the 2003 attempted coup. The judiciary was generally independent but 
was subject at times to influence and manipulation.
    The Minister of National Defense and Internal Affairs supervises 
and controls the military services, the police, and immigration. In 
July, the Government raised military salaries 30 percent as part of a 
continuing effort to improve soldiers' living conditions and benefits 
following the 2003 coup attempt. Civilian authorities maintained 
effective control of security forces. There were no reports that 
security forces committed human rights abuses.
    The mainstay of the mixed economy was the export of cocoa; coffee, 
vanilla, and pepper also were produced for export. The population was 
approximately 181,500; per capita annual income was $280. Unemployment 
remained high. The Government has privatized all state-held land and 
was somewhat successful in its efforts at structural adjustment; 
however, the country remained highly dependent on foreign aid.
    The Government generally respected the human rights of its 
citizens; however, there were problems in some areas. Prison conditions 
were harsh, and the judicial system was inefficient. Violence and 
discrimination against women occurred, child labor was a problem, and 
labor practices on plantations were sometimes harsh.
                        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 the arbitrary or unlawful 
deprivation of life committed by the Government or its agents.

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

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The Constitution prohibits such practices; however, there 
have been reports in the past that security forces at times beat and 
abused detainees in custody. There were no reports that police beat 
detainees during the year.
    Prison conditions were harsh but not life threatening. Facilities 
were overcrowded, and food was inadequate. Women and men were held 
separately, and juveniles were separated from adults. Because of 
overcrowding, some pretrial prisoners were held with convicted 
prisoners.
    The Government permitted human rights monitors to make prison 
visits; however, no visits were made during the year.

    d. Arbitrary Arrest or Detention.--The Constitution prohibits 
arbitrary arrest and detention, and the Government generally observed 
these prohibitions. Unlike in the previous year, there were no reports 
that security forces arbitrarily arrested and detained demonstrators.
    The police force, under the Ministry of Defense, was ineffective 
and widely viewed as corrupt. Efforts to reform the Criminal 
Investigation Police, a separate agency under the Ministry of Justice, 
were hampered during the year by a lack of financial and human 
resources.

    e. Denial of Fair Public Trial.--The Constitution provides for an 
independent judiciary; however, the judicial system at times was 
subject to political influence or manipulation. The Government set 
judicial salaries, which remained low, and suspicion persisted that 
judges may be tempted to accept bribes. During the year, the Government 
took steps to strengthen the judiciary.
    The legal system was based on the Portuguese model. The court 
system had two levels: Circuit courts and the Supreme Court. The 
Supreme Court was the appellate court of last resort.
    The Constitution provides for the right to fair public trial, the 
right of appeal, and the right to legal representation; however, in 
practice, the judicial infrastructure suffered from severe budgetary 
constraints, inadequate facilities, and a shortage of trained judges 
and lawyers, which caused delays from 3 to 9 months in bringing cases 
to court and greatly hindered investigations in criminal cases.
    There were no reports of political prisoners.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The Constitution prohibits such actions, and the 
Government generally respected these prohibitions.
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 and did not restrict academic freedom.
    Two government-run and six independent newspapers and newsletters 
were published sporadically, usually on a monthly or bi-weekly basis; 
resource constraints determined publishing frequency.
    All parties freely distributed newsletters and press releases 
stating their views and criticizing the Government, the President, and 
one another.
    Television and radio were state operated. There were no independent 
local stations due to financial and market constraints; however, there 
were no laws prohibiting such stations. The Voice of America, Radio 
International Portugal, and Radio France International were rebroadcast 
locally. The law grants all opposition parties access to the state-run 
media, including a minimum of 3 minutes per month on television.
    There were no cases of defamation during the year.
    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. The Government 
required that requests for authorization for large-scale events be 
filed 48 hours in advance, and it usually granted the required permits.
    Unlike in the previous year, there were no reports that security 
forces killed or injured demonstrators.

    c. Freedom of Religion.--The Constitution provides for religious 
freedom and the Government generally respected this right in practice.
    For a more detailed discussion, see the 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 the previous year, no curfews were imposed.
    The Constitution does not prohibit forced exile; however, there 
were no reports of anyone being sent into forced exile.
    The law does not provide for the granting of asylum or refugee 
status in accordance with the 1951 U.N. Convention Regarding the Status 
of Refugees and its 1967 Protocol, 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. During the year, 
there were no reports that the Government granted refugee status or 
asylum; there also were no known requests for refugee or asylum status. 
The Government cooperated with 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 have exercised this right in 
practice through periodic, free, and fair elections held on the basis 
of universal suffrage. The Constitution provides for the election of 
the President, who as head of state approves the Prime Minister, who 
appoints government ministers.
    President Menezes was elected in July 2001; in December 2001, he 
dissolved the National Assembly and called for new elections. In a 
March 2002 election deemed free and fair by international observers, 
the MLSTP won 24 seats, the MDFM coalition won 23 seats, and the Ue-
Kedadji coalition won 8 seats; Gabriel Arcanjo Ferreira da Costa was 
named Prime Minister. In September 2002, President Menezes dismissed 
Costa and in October 2002, a 13-member coalition government was formed 
under Maria das Neves, the first woman to hold the position of Prime 
Minister. In March, four MDFN ministers resigned from the Government; 
in September, Menezes dismissed das Neves for corruption and appointed 
Damiao Vaz D'Almeida as Prime Minister.
    After a July 2003 failed military coup attempt, President Menezes 
signed a framework agreement with the rebels, which included a pledge 
to establish a national consensus on the country's developmental 
priorities. During the year, the Government held the National Forum for 
National Reconciliation, which was initiated with 59 town hall meetings 
across the country that allowed the first-ever inclusion of the 
country's rural population in such decision-making. In the subsequent 
3-day plenary session, government leaders and 200 representatives 
agreed to a plan of action, which recommended: The conversion from 
political party-based to geographically-based representation in the 
National Assembly; improvement in living conditions of the army; land 
and agricultural reform; establishment of legal and regulatory measures 
to manage the country's oil wealth; and improvement in the education 
and health sectors.
    Official corruption was widespread. During the year, an 
investigation into the diversion of funds from the sale of donated rice 
implicated Prime Minister das Neves, who was dismissed in September and 
subsequently fled the country.
    There were no laws that provided for public access to government 
information; however, the Government took steps during the year to 
improve transparency.
    There were 5 women in the 55-seat National Assembly, 1 of the 14 
Cabinet Ministers was a woman, and the President of the 3-member 
Supreme Court was a woman.
Section 4. Government Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    A small number of domestic human rights groups generally operated 
in the past without government restriction, investigating and 
publishing their findings on human rights cases; however, with the 
general improvement in human rights, such groups were inactive during 
the year. Government officials generally had been cooperative and 
responsive to their views.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The Constitution provides for the equality of all citizens 
regardless of sex, race, racial origin, political tendency, creed, or 
philosophic conviction. The Government actively enforced these 
provisions; however, women faced discrimination.

    Women.--While the extent of the problem was unknown, domestic 
violence against women occurred, including rape. Although women have 
the right to legal recourse--including against spouses--many were 
reluctant to bring legal action or were ignorant of their rights under 
the law. Tradition inhibited women from taking domestic disputes 
outside the family.
    The Constitution stipulates that women and men have equal 
political, economic, and social rights. While many women have access to 
opportunities in education, business, and government, in practice, 
women still encountered significant societal discrimination. 
Traditional beliefs left women with most child-rearing responsibilities 
and with less access to education and to professions; a high teenage 
pregnancy rate further reduced economic opportunities for women. An 
estimated 70 percent of households were headed by women.

    Children.--A number of government and donor-funded programs 
operated to improve conditions for children, notably an ongoing malaria 
control project and acquisition of school and medical equipment.
    Education was universal, compulsory through the 6th grade, and 
tuition-free to the age of 15. In practice, some rural students stopped 
attending school after the 4th grade. Students were responsible for 
buying books and uniforms; however, the Government provided both free 
to children from poor families. Enrollment in primary school was 
estimated at 74 percent. After grade 6 or age 15, whichever comes 
first, education is no longer free; transportation and tuition costs 
prevented some poor or rural-based students from attending secondary 
school. There were no differences between the treatment of girls and 
boys in regard to education.
    Nutrition, maternity and infant care, and access to basic health 
services have improved, especially in urban areas. Mistreatment of 
children was not widespread; however, there were few protections for 
orphans and abandoned children.
    During the year, a social-services program tried to collect street 
children in three centers where they received classes and training. 
Conditions at the center were good; however, because of overcrowding, 
some children were sent back to their families at night, and these 
children frequently ran away. Children who stayed full time at the 
center did not run away.

    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 With Disabilities.--The law does not mandate access to 
buildings, transportation, or services for persons with disabilities. 
There were no reports of discrimination against such persons; however, 
local organizations have criticized the Government for not implementing 
accessibility programs for persons with disabilities as it promised.
Section 6. Worker Rights
    a. Right of Association.--The Constitution provides for freedom of 
association, and workers generally exercised this right in practice. 
Only two unions existed in the very small formal wage sector: The 
General Union of Workers and the National Organization of Workers of 
Sao Tome and Principe. Both represented government workers, who 
constituted the majority of wage earners, and members of farmers' 
cooperatives.
    There are no laws prohibiting anti-union discrimination; however, 
there were no reports of such discrimination.

    b. The Right to Organize and Bargain Collectively.--The 
Constitution provides that workers may organize and bargain 
collectively; however, due to its role as the principal employer in the 
wage sector, the Government remained the key interlocutor for labor on 
all matters, including wages. There are no export processing zones.
    The Constitution provides for the freedom to strike, even by 
government employees and other essential workers. During the year, 
threatened strikes, mostly by government workers, were averted through 
negotiation. There were no laws or regulations prohibiting employers 
from retaliation against strikers; however, there were no reports of 
retaliation against workers for activities related to labor 
organization.

    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.--
Employers in the formal wage sector generally respected the legally 
mandated minimum employment age of 18; however, child labor was a 
problem. The law prohibits minors from working more than 7 hours a day 
and 35 hours a week. Children were engaged in labor in subsistence 
agriculture, on plantations, and in informal commerce, sometimes from 
an early age. Although no cases of child labor abuses have been 
prosecuted, the law states that employers of underage workers can be 
fined.

    e. Acceptable Conditions of Work.--Working conditions on many of 
the cocoa plantations--the largest wage employment sector--were 
extremely harsh. The legal minimum wage was $35.57 (350,000 dobras) per 
month for civil servants. The average salary for plantation workers did 
not provide a decent standard of living for a worker and family, and 
the real value of their pay was further eroded by a 9 percent rate of 
inflation. Working two or more jobs was so common that the Government 
modified its hours so civil servants could pursue a second career; the 
labor law specifies areas in which civil servants may work if they 
pursue a second job. Civil servants in ``strategic sectors,'' such as 
the court system, the ministries of finance, customs, education, and 
the Criminal Investigation Police, earned up to 400 percent more than 
their counterparts in the remainder of the public sector.
    In the past, plantation workers and their families were provided 
free (but inadequate) housing, rudimentary education for their 
children, and health care; however, in recent years, most plantations 
have moved to a wage-only compensation system.
    The legal workweek is 40 hours, with 48 consecutive hours mandated 
for rest. Shopkeepers worked 48 hours a week. The law prescribes basic 
occupational health and safety standards. Inspectors for the Ministry 
of Justice and Labor are responsible for enforcement of these 
standards; however, resource constraints hindered their efforts. 
Employees have the right to leave unsafe working conditions.

                               __________

                                SENEGAL

    Senegal is a moderately decentralized republic dominated by a 
strong presidency. In 2000, Abdoulaye Wade, backed by a coalition of 
opposition parties, became President in an election generally viewed as 
both free and fair. The rebel leadership signed a ceasefire with the 
Government on December 30. The judiciary was subject to executive 
influence and pressure.
    The armed forces were professional and generally well disciplined. 
The police and the paramilitary gendarmerie are somewhat less 
professional and disciplined. 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 modest foreign investment, 
particularly in the tourism sector. The population was estimated at 10 
million. The economy is predominantly agricultural. The rate of 
economic growth was 6.3 percent, and inflation was well below 1 
percent. The Government received external assistance from international 
financial institutions and other sources, amounting to 26 percent of 
the national budget.
    The Government generally respected its citizens' rights; however, 
there were problems in some areas. Security forces were responsible for 
at least one death during the year. Unlike in the previous year, there 
were no reports of torture or that police beat suspects during 
questioning; however, arbitrary arrest, prolonged pretrial detention, 
and impunity remained problems. Unlike in the previous year, the 
Government did not limit freedom of speech or association; however, the 
Government detained a private journalist during the year. Domestic 
violence, discrimination against women, female genital mutilation 
(FGM), trafficking in persons, and child labor remained problems.
    There were reports that MFDC (Movement of Democratic Forces of the 
Casamance) rebels in Casamance continued to commit armed robberies and 
rapes; however the MFDC's violence against civilians and government 
forces declined significantly 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 
political killings by the Government or its agents; however, gendarmes 
killed a civilian protester (see Section 2.b.).
    There was no action taken against the government soldiers 
responsible for the 2003 killing of a man in Mandina Mancagne.
    There were isolated incidents of violence between military and 
Casamance rebel forces; however, there were no reports of civilian 
casualties. For example, in April, rebels attacked a military de mining 
team, which resulted in the deaths of three soldiers.
    During the year, newspapers reported three cases of mob violence 
that resulted in four deaths. Three victims had been accused of 
robbery, and one had been accused of rape.

    b. Disappearance.--There were no reports of politically motivated 
disappearances during the year.
    Human rights groups criticized the Government for its unwillingness 
to take responsibility and resolve cases of disappearances linked to 
government security forces from previous years.
    There were no developments in the 2002 disappearance of five 
Casamance fishermen.

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The Constitution prohibits such treatment, and there were 
no reports that government officials employed them during the year.
    Unlike in the previous year, there were no reports that police beat 
journalists.
    Human rights groups said MFDC rebels continued to sexually assault 
women in northern Casamance, specifically in the villages of Djibidjone 
and Sindian. Rebels used sexual assault as a weapon to gain material 
support from villagers. The Government established an office in 
Casamance to process claims of sexual abuse; however, it was not open 
at year's end.
    There were no developments in the investigation into the October 
2003 assault on Talla Sylla, leader of the opposition political party 
Jef Jel and vocal critic of President Wade. Many NGOs believed the 
assault was politically motivated and carried out by individuals close 
to President Wade; however, this remained unproven. The case was under 
judicial investigation at year's end.
    Land mines continue to claim civilian victims in Casamance. During 
the year, the nongovernmental organization (NGO) Handicap International 
reported the cases of 17 landmine victims. It was unclear whether 
government forces or rebels laid the mines.
    Prison conditions were poor, and prisons remained overcrowded. 
During the year, at least five prisoners apparently died of disease 
while in custody. Human rights groups claimed prisons did not meet 
international standards. The National Organization for Human Rights 
(ONDH), a local human rights NGO, identified overcrowding as the major 
problem facing the country's prisons. According to media reports, the 
Government has not constructed a new prison since 1960. Due to old and 
overburdened infrastructure, prisons experienced drainage problems 
during the rainy season and stifling heat during the summer. Prisons 
lacked doctors and medicine to provide care for sick inmates, forcing 
them to be evacuated for treatment.
    At year's end, there were no developments, nor were any likely, in 
the case of six prison guards accused of torturing Alioune Badara 
Mbengue while he was in detention in 2002.
    Women generally were held separately from men and juveniles 
generally were housed separately from adults. Although pretrial 
detainees were usually held separately from convicted prisoners, as 
required by law, they were occasionally kept with convicted prisoners 
due to limited space. Local NGOs reported that prisoner separation 
regulations were not enforced consistently.
    The Government permits prison visits by independent human rights 
monitors. In August, ONDH began a national survey of prison conditions 
with the Government's consent and assistance. Amnesty International's 
Dakar bureau commended prison authorities for openly discussing prison 
needs and shortcomings, and a U.N High Commissioner for Refugees 
(UNHCR) representative stated detention procedures had improved. 
Representatives of the Assembly for the Defense of Human Rights 
(RADDHO) were able to gain access to prisoners during the year.

    d. Arbitrary Arrest or Detention.--The Constitution prohibits 
arbitrary arrest and detention; however, the authorities at times 
arbitrarily arrested and detained persons.
    The police force contains 10 departments as part of the Directorate 
General of National Safety. In each of the country's 11 regions, police 
have at least 1 police station and at least 1 mobile safety brigade. 
Dakar has more than 15 police stations, which are spread throughout the 
city. Most police chiefs were well educated and well trained. A foreign 
government has also helped facilitate training of the police force in a 
number of areas, such as crisis response, airport security, hostage 
negotiation, and trafficking in persons.
    Impunity was a problem. No members of security forces responsible 
for human rights violations in the past, including disappearances and 
police brutality, were charged or prosecuted during the year; however, 
authorities punished some cases of corruption. During the year, the 
Government arrested a group of customs officers at the Port of Dakar 
for fraudulent and corrupt practices in clearing incoming goods. The 
officers were released and were awaiting trial at year's end. In 2003, 
a police chief was charged with corruption; however, his case was still 
pending at year's end. NGOs that worked with prostitutes accused police 
officers of corruption, claiming police officers took money from 
prostitutes to overlook noncompliance with the legalized prostitution 
regime and other laws.
    Although the law specifies that warrants issued by judges are 
required for arrests, the law also grants the police broad powers to 
detain prisoners for lengthy periods of time before filing formal 
charges. Police officers may hold suspects without filing formal 
charges for up to 48 hours after arrest, up to 96 hours if authorized 
by a public prosecutor, and up to 192 hours in cases involving threats 
to state security; and these provisions were respected in practice. 
During the first 48 hours of detention, the accused has no access to an 
attorney but has the right to a medical exam and possible access to 
family. If necessary, a prosecutor can also demand a medical 
examination of the accused. The accused has the right to an attorney 
after this initial period of detention at his/her own expense. For 
those who could afford representation, this right was respected in 
practice. The Government does not provide legal aid to indigents prior 
to trial. Bail is possible, but was rarely used.
    The accused may not be held in custody for more than 6 months 
pending trial for minor crimes. In cases involving murder, threats to 
state security, and embezzlement of public funds, there are no limits 
on the length of pretrial detention. Judges are allowed the time 
necessary to investigate these more serious cases. A court may review 
such extensions on appeal. Judges could order release pending trial 
with the prosecutor's consent. If a prosecutor disagrees with a judge's 
decision to order release, the order is frozen until the appeals court 
decides to grant or deny the release.
    The authorities may detain a prisoner for long periods while 
building their case; police were rarely prosecuted for violations of 
arrest and detention procedures. Prisoners were routinely held in 
custody unless and until a court demanded their release. Despite the 6 
month limit on detention for most crimes, the average time between 
charging and trial was 2 years. ONDH claimed detainees were held for 
years awaiting trial. Judicial backlogs of up to 400 cases contributed 
to long periods of pretrial detention. Since judges lacked sufficient 
time to review all cases, orders to extend detention were often signed 
without individual consideration of the facts to avoid releasing 
potentially guilty detainees. The Government continued to detain 
foreigners in police custody who had finished serving prison sentences 
and were awaiting repatriation. In May, RADDHO criticized authorities 
at Dakar's Central Prison for holding foreign nationals in inhumane 
conditions while they awaited repatriation. RADDHO claimed 120 
detainees were held in a 120 square-yard cell, a charge that prison 
authorities disputed.
    Military authorities stationed in Casamance continued to reduce the 
number of human rights abuses committed by security forces under their 
command. Although NGOs confirmed that there were fewer complaints of 
arbitrary arrests, lengthy detention, and abuse during detention, there 
were no available statistics. Unlike in previous years, there were no 
reports that government forces detained Casamancais for suspected 
membership in the MFDC.
    On July 7, the National Assembly unanimously adopted an amnesty law 
for MFDC rebels.

    e. Denial of Fair Public Trial.--The Constitution provides for a 
judiciary independent of the executive, the legislature, and the armed 
forces; however, in practice, the judiciary was subject to government 
influence and pressure. Low pay, poor working conditions, and family 
and political ties made magistrates vulnerable to outside pressure. 
Since the executive branch controls judicial promotions, judges were 
subject to executive influence. During the year, judges were 
transferred for what NGOs and the media considered as political 
reasons. For example, a senior judge, who had served as the Dean of 
Judges in Dakar and as President of the Regional Court of Dakar, was 
transferred from Dakar to the Louga region, a move human rights groups 
believed resulted from the judge's resistance to political pressure in 
a high-profile case in 2003. Ministry of Justice officials have 
substantial authority to influence judicial procedures by keeping 
suspects in pretrial detention.
    Based on French civil law, the judiciary is composed of ordinary 
courts and several higher and special courts, including the Council of 
State, the Constitutional Council, the Court of Final Appeal, and the 
Accounting Court. These courts remained understaffed, and many of the 
special courts, including those that deal with unlawful enrichment, 
treason, and official malfeasance, were dormant. Muslims have the right 
to choose Muslim-based laws contained in the Family Code for marriage 
and succession cases. While civil court judges are empowered to preside 
over civil and customary law cases, some disputes are turned over to 
religious judges for adjudication, particularly in rural areas. There 
is a separate system of military courts for the armed forces and 
gendarmerie. The right of appeal exists in all courts, including 
military courts, except the special Unlawful Enrichment Court, which 
was established to try corruption cases against public officials. 
Military courts may try civilians only if they were involved with 
military personnel who violate military law.
    Defendants are presumed innocent and have the right to a public 
trial, be present in court, confront witnesses, present evidence, and 
have an attorney. Some defendants were denied legal representation at 
public expense due to a lack of funds. Evidentiary hearings may be 
closed to the public and the press, but defendant and counsel have 
access to all evidence presented and may introduce their own evidence 
before the investigating judge decides to refer a case for trial. A 
panel of judges presides over ordinary courts in civil and criminal 
cases. Jurors also sit on the panels during special sessions of the 
criminal court.
    There were no reports of political prisoners.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The Constitution prohibits arbitrary invasion of the 
home, and the Government generally respected this prohibition 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, unlike in the previous year, 
the Government generally respected these rights in practice and did not 
restrict academic freedom. However, some journalists reported they felt 
intimidated about criticizing the President in the press. The 
independent media were active and expressed a wide variety of views 
without restriction. There were at least 15 independent and 3 
government-affiliated dailies and several weekly newspapers and 
magazines. Publishers were required to register prior to starting a 
publication; however, government approval was routine.
    Radio was the most important medium of mass information and the 
main source of news for citizens outside urban areas. There were more 
than 25 privately owned radio stations, and all of the locally owned 
stations broadcast national news and political commentary. Community 
radio leaders criticized the lack of transparency in the system for 
requesting and granting radio frequencies. After the Ministry of 
Communication receives a request for a frequency, the request is 
forwarded to the Agency of Regulation and Communication (ART), which 
renders a technical judgment based upon frequency strength and 
location. Once ART has evaluated the technical feasibility and passed 
on its recommendation, the Ministry of Communication decides whether to 
grant the frequency.
    A government monopoly controlled local television and was an 
important source of news. While there were no privately owned domestic 
television stations, French- and South African-owned satellite 
television services offered international programming and news. Neither 
of these international services provided domestic news coverage.
    Compared to the previous year, there were fewer reports that 
opposition members and journalists were threatened or harassed after 
criticizing the President; however, journalists were arrested.
    Unlike in the previous year, there were no reports that police beat 
journalists during the year or that journalists were expelled from the 
country.
    On July 9, Madiambal Diagne, editor of a private daily newspaper, 
was arrested for printing what the Government claimed to be 
``confidential'' material and threatening public order. After spending 
more than 2 weeks in detention, Diagne was released. Domestic and 
international observers criticized Diagne's arrest, and journalist and 
civil society groups conducted peaceful demonstrations to demand his 
release.
    In January, the Court of Appeals overturned Abdou Latif Coulibaly's 
2003 3 month prison sentence but upheld a monetary damages award. No 
action was taken against police officers who beat journalist Ibrahima 
Fall in January 2003.
    The High Audiovisual Council (HCA) exists to ensure equitable 
coverage between different religious and political viewpoints but, in 
practice, lacked the means to do so. A local NGO criticized the HCA for 
being inefficient and for lacking coherent policies. As a result, 
according to various human rights groups, there was a troubling growth 
in radio stations controlled by single religious, political, or ethnic 
groups.
    In July, the HCA criticized the government run television station 
RTS for failing to respect its obligation to broadcast at least once 
per month a debate program on national issues reflecting a diversity of 
opinions. Shortly after these remarks were made, RTS began broadcasting 
a debate program that included opposition political party members. The 
HCA also questioned the lack of equal television coverage for all 
religious groups. Human rights groups accused RTS of not respecting 
pluralism in its broadcasts.
    In May, police officials and press representatives met at a 
workshop to discuss press freedom and security concerns. According to 
the country's largest journalist union, this meeting contributed to the 
absence of violent confrontations between journalists and police 
officers during the year.
    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. Local NGOs agreed that 
respect for freedom of assembly had improved greatly under President 
Wade's administration.
    There was one reported killing of a demonstrator during the year. 
On September 16, gendarmes were dispatched to manage young 
demonstrators demanding electricity for the Casamance rural community 
of Mampatim. The gendarmes responded to what they perceived as an 
increasingly aggressive demonstration by shooting and killing a 19-
year-old protestor and injuring three other protestors. An 
investigation into the incident was ongoing at year's end.
    Unlike in the previous year, the Government did not attempt to 
dissolve any organizations.
    The Government did not go through with the threatened dissolution 
of the Association of Families of the Victims of the Joola, and the 
association did not vacate government premises by year's end.

    c. Freedom of Religion.--The Constitution provides for freedom of 
religion, and the Government generally respected this right in 
practice.
    Any group religious or otherwise that wants to form an association 
with legal status must register with the Ministry of Interior in 
accordance with the civil and commercial code. Registration was 
generally granted.
    In January, the Government ordered a police investigation and 
provided improved security services for the Archbishop of Dakar 
following a threatening letter sent to the Archbishop that contained 
death threats against the country's Catholic clergy.
    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. Some 
public employees, including teachers, are required by law to obtain 
government approval before departing the country; however, human rights 
groups noted that this law was only enforced against teachers and not 
other public servants.
    Government security forces maintained checkpoints in some parts of 
Casamance for security purposes, but freedom of movement increased over 
the previous year. There continued to be military checkpoints in 
Ziguinchor and near the borders with Guinea-Bissau and The Gambia. 
Security forces generally allowed travelers to proceed after checking 
documents and searching vehicles.
    During the year, there were fewer armed robberies and assaults 
committed by MFDC rebels against civilians in Casamance.
    The Constitution prohibits forced exile, and the Government did not 
employ it.
    During the 22-year Casamance conflict, tens of thousands of 
Casamancais were forced to flee their villages due to fighting, forced 
removal, and land mines. Because of improved security conditions, 
internally displaced persons (IDPs) and refugees were returning to 
their villages at year's end. During the year, the Government continued 
to help returning IDPs and refugees reconstruct their homes and 
villages.
    The law provides for the granting of refugee and asylum status in 
accordance with the 1951 U.N. Convention Relating to the Status of 
Refugees 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 
granted refugee or asylum status. The Government cooperated with the 
office of the UNHCR and other such humanitarian organizations in 
assisting refugees and asylum seekers. Human rights groups criticized 
the 1- to 2-year delays in providing identification documents to 
refugees, without which refugees were unable to find work in the formal 
sector.
    Since conflict with Mauritania in 1989, the country has offered 
temporary protection for Mauritanian refugees, who generally lived in 
dispersed locations in the river valley along the Mauritanian border 
and enjoyed free movement within the country. However, most refugees 
could not obtain current refugee documents from the authorities and 
sometimes encountered administrative difficulties when using their 
expired refugee application receipts. While no formal repatriation 
agreement existed, both governments continued to permit generally 
unsupervised and largely informal repatriation. Due to the mobile 
nature of this population, the absence of identification documents, and 
cases of fraud, the exact number of remaining Mauritanian refugees was 
unknown. The UNHCR office in Podor and NGOs working with Mauritanian 
refugees estimated the number to be approximately 20,000. Several 
hundred Bissau Guinean and Anglophone African refugees remained in the 
country.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The Constitution provides citizens with the right to change their 
government peacefully, and citizens exercised this right in practice 
through periodic, free, and fair elections held on the basis of 
universal suffrage.
    Citizens exercised their right to vote during the 2000 presidential 
election that ended the Socialist Party's 40 year domination of 
government. After 26 years in the opposition, Abdoulaye Wade, backed by 
a coalition of opposition parties, defeated the incumbent president in 
what was considered to be a free and fair election. There were reports 
of several incidents of pre election violence and minor procedural 
irregularities; however, the majority of political parties and civil 
society accepted the result. In a 2001 national referendum, 94 percent 
of voters accepted a new Constitution.
    The 2001 legislative and 2002 local elections took place without 
incident. In the 2001 legislative elections, characterized as free and 
transparent by international and national observers, President Wade's 
coalition won 49.6 percent of the vote and 89 of 120 seats in the 
National Assembly. In 2002, President Wade's coalition won 52 percent 
of the vote in the first local elections held since 1996. As a result, 
President Wade's governing coalition won control of 281 of the 441 
rural, regional, and city councils.
    There were 78 legally registered political parties.
    On August 16, after months of debate on the best method to update 
the national voter registration list, the National Assembly adopted a 
proposal to redo the entire list, requiring all eligible voters to re-
register or register for the first time. The law also mandated that a 
new national identity card would be the sole form of identification 
accepted for voter registration. The Government has until early 2006 to 
finish the project.
    The Ministry of the Interior was responsible for the organization 
and implementation of elections, an arrangement opposition political 
parties criticized because of the Minister's partisan affiliation with 
President Wade. During the year, the National Electoral Observatory 
(ONEL) oversaw and supervised elections and had the power to order 
bureaucrats to obey electoral laws and initiate legal action against 
individuals and parties who violated these laws. Under pressure from 
opposition political parties, though, the Government created a 
committee tasked with establishing an autonomous electoral committee to 
replace ONEL.
    The Constitution provides citizens the right to access government 
information freely; however, this right was limited in practice.
    There were 25 women in the 120-seat National Assembly and 7 women 
in the 40-member Cabinet. Political parties often placed women low on 
electoral lists, making it difficult for them to win seats in the 
National Assembly.
    The Government sought ethnic and geographic balance in hiring for 
civilian and military positions and in sharing power. There were a 
significant number of non-Wolof deputies in the 120-seat National 
Assembly and in the 40 member Cabinet. Some of these ethnic minorities 
included members of the Diola, Pular, Sereer, and Mancagne tribal 
groups.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    A wide variety of human rights groups generally operated without 
government restriction, investigating and publishing their findings on 
human rights cases. Government officials were somewhat cooperative and 
responsive to their views.
    The Government's National Committee on Human Rights had a broad 
membership, including government representatives, civil society groups, 
and independent human rights organizations. The committee, which 
received its budget from the Government, had the authority to 
investigate abuses, including torture, on its own initiative. Unlike in 
previous years, the Committee did not publish its annual report on 
human rights protection in the country.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The Constitution states that ``men and women shall be equal in 
law'' and prohibits discrimination based on sex, race, class, or 
language; however, gender discrimination was widespread in practice, 
and the anti discrimination laws often were not enforced. According to 
local NGOs working to protect and promote women's rights, women 
continued to suffer discrimination.

    Women.--Domestic violence is against the law; however, there were 
credible reports that domestic violence against women, usually wife 
beating, was common. The law criminalizes assaults and provides for a 
punishment of 1 to 5 years in prison and a fine. If the victim was a 
woman, the prison term and fine are both increased. Domestic violence 
that causes lasting injuries is punishable with a prison sentence of 10 
to 20 years. If an act of domestic violence causes death, the law 
prescribes life in prison. Some women's rights groups felt that the 
harsh sentences under the law caused judges to require higher burdens 
of proof before finding potential offenders guilty, resulting in fewer 
total convictions for domestic violence. The Committee to Combat 
Violence Against Women (CLVF), a local NGO that assisted domestic 
violence victims, viewed the laws as important but criticized the 
Government's failure to permit associations to bring suit on behalf of 
victims.
    Police usually did not intervene in domestic disputes, and most 
persons were reluctant to go outside the family for redress. In an 
interview on domestic violence, a practicing attorney told the press 
that judges rarely gave maximum sentences for crimes against women.
    The law prohibited rape; however, it remained a problem. The law 
provides for 5 to 10 years' imprisonment for rape; however, rapes 
resulting in death qualify for life imprisonment. The law was rarely 
enforced in practice, as it was nearly impossible for victims to 
provide judges with sufficient proof to merit convictions. A women's 
rights NGO criticized the country's lack of rape shield laws and the 
common practice of using a woman's sexual history to defend men accused 
of rape.
    The Wolof, the country's largest ethnic group, did not practice 
FGM; however, other ethnic groups did. Sealing, one of the most extreme 
and dangerous forms of FGM, was sometimes practiced by the Toucouleur, 
Mandinka, Soninke, and Bambara, particularly in rural areas. In the 
regions of eastern Saint Louis, Matam, Tambacounda, Ziguinchor, and 
Kolda, where FGM was most prevalent, it was estimated that a majority 
of girls undergo FGM. The NGO Tostan estimated FGM was still practiced 
in thousands of villages throughout the country, particularly in the 
north, northeast, and southeast. In June, the Minister of Family 
claimed that almost 100 percent of the women in the country's northern 
Fouta region were FGM victims, as were 60 to 70 percent of women in the 
south and southeast. The practice extended to urban areas as more 
persons left rural villages for cities. Some girls were as young as 1-
year-old when FGM was performed on them.
    FGM is a criminal offense under the law, carrying a sentence of 6 
months' to 5 years' imprisonment for those directly practicing FGM or 
ordering it to be carried out on a third person. Many citizens ignored 
the law against FGM. However, the Government has fought to end the 
practice. For example, in April, authorities convicted and sentenced 
the parents of 11 young girls for forcing them to submit to FGM; a 
foreign national was convicted and sentenced for performing the ritual. 
The girls were reported to be between the ages of 1 and 7.
    The Government had programs to educate women about the dangers of 
FGM, and there were national and local governmental action plans 
against FGM, piloted by the Ministry of Family, Social Development, and 
Solidarity. Despite FGM's continued existence, progress continued in 
reducing the practice during the year. Since 1997, 1,367 communities, 
more than one quarter of all practicing villages, officially renounced 
FGM. Villages that declared themselves against FGM undertook extensive 
basic education programs, social mobilization activities, and inter 
village and inter generational awareness programs.
    Sexual harassment is prohibited by law and punishable by a prison 
term of 5 months' to 3 years' imprisonment and a fine of $100 to $1,000 
(50,000 to 500,000 francs); however, the Government did not effectively 
enforce the law, and sexual harassment was a problem. Women's rights 
groups claimed sexual harassment victims found it difficult, if not 
impossible, to present sufficient proof to justify prosecutions.
    Women faced pervasive discrimination, especially in rural areas 
where traditional customs including polygyny and rules of inheritance 
were strongest. Under national law, women have the right to choose when 
and whom they marry, but traditional practices restricted a woman's 
choice. The minimum age of consent to marry is 21 years for males and 
16 years for females. Under certain conditions, a judge may grant a 
special dispensation for marriage to a person below the age 
requirement. This law was not enforced in some communities where 
marriages were arranged. Women typically married young (usually by the 
age of 16 in rural areas) and averaged 5 live births. Under family law, 
a woman's consent is required for a polygynous union; however, once in 
a polygynous union, a woman need not be notified or given prior 
approval to the man's subsequent marriage. A study of marriage 
practices indicated that slightly less than 50 percent of the country's 
marriages were polygynous.
    Only an estimated 20 percent of women have paid employment, and 
traditional practices made it difficult for women to purchase property. 
Due to the fact that men are legally considered the head of household, 
women paid higher taxes than men for the same salary (they were taxed 
as single individuals without children), and employers paid child 
allowances to men but not to women.
    In urban areas, women encountered somewhat less discrimination and 
were more active in government, politics, and business. Urban women 
usually received equal pay for equal work. Approximately 14 percent of 
lawyers were women. Urban women were more likely to benefit from 
government efforts to improve the respect for women's legal rights to 
divorce, alimony, and child support, and to seek education and 
employment.

    Children.--The Government was committed to children's rights and 
welfare. The Ministry of Family, Social Development and Solidarity is 
responsible for promoting children's welfare and is assisted by the 
Ministry of Health and the Ministry of Education, which focus on child 
survival and education.
    The Constitution provides for free education, and education policy 
declares education to be compulsory for children ages 6 to 12; however, 
attendance was not enforced. Many children did not attend school for 
lack of resources or available facilities.
    The Government continued working to improve its education programs 
during the year. In December, the Government committed 40 percent of 
the national budget to education. Officials also made progress on two 
other national education initiatives: ensuring universal education, and 
increasing the length of time for compulsory education. The Government 
continued to increase the number of classrooms and encouraged more 
children, particularly girls, to enter and stay in school. Due to 
government, NGO, and international donor efforts, school enrollment 
reached almost 80 percent in 2003-2004 school year, with a greater than 
77 percent enrollment rate for girls.
    Although the situation improved, young girls still encountered 
greater difficulties in receiving an education. For example, when 
families could not afford for all of their children to attend school, 
parents tended to remove their daughters from school, rather than their 
sons. Only 23 percent of women over 15 years of age were literate, 
compared with 43 percent of men.
    To better protect children, the Government made the age of the 
victim an aggravating factor for some crimes. If a rape victim is a 
minor, the penalty is 10 years' imprisonment. The law punishes sexual 
abuse of children (pedophilia) with 5 to 10 years' imprisonment. If the 
offender is a family member, the punishment is 10 years. Because of 
social pressures and fear of embarrassment, incest remained taboo and 
often went unreported and unpunished.
    FGM was performed primarily on girls (see Section 5, Women).
    Trafficking and commercial exploitation of children were problems 
(see Section 5, Trafficking).
    Child labor was still a problem; however, the Government continued 
to fight child labor practices (see Section 6.d.).
    Many children have been displaced due to the Casamance conflict and 
often lived with extended family members, neighbors, or in children's 
homes. The Government lacked adequate resources to effectively support 
these children. According to NGOs in Casamance, displaced children 
suffered from psychological effects of conflict, malnutrition, and poor 
health.
    Local and international NGOs actively worked to promote children's 
rights through workshops and assistance programs.

    Trafficking in Persons.--There was no national law prohibiting 
trafficking in persons, and trafficking of women and children occurred 
in the country. In the majority of cases, traffickers could not be 
prosecuted effectively under other statutes. The law does prohibit 
pimping and kidnapping, which could be used in some trafficking cases. 
The High Commissioner for Human Rights was the Government's coordinator 
on human trafficking issues. On July 22, the Government signed a 
bilateral accord with Mali to repatriate trafficked Malian children.
    Research indicated the country was a source, transit, and 
destination point for trafficking. Internal trafficking was also a 
problem. Reliable statistics as to the extent of the trafficking 
problem were unavailable. Young boys were trafficked from surrounding 
nations, such as The Gambia, Mali, and Guinea-Bissau, and internally to 
participate in exploitive begging. Young girls were trafficked 
internally and sometimes abroad for commercial sexual and labor 
exploitation. The country was a transit, source, and destination 
country for trafficking of adult women from Nigeria, Guinea, and other 
West African countries for sexual and labor practices.
    There were no government or NGO estimates on the problem and no 
government or NGO campaigns to educate the country against the dangers 
of trafficking. The Government offered few assistance or protection 
services for victims due to limited resources.
    The Government operated a children's center where child trafficking 
victims could receive assistance and a child protection hotline to 
field calls concerning at-risk children.

    Persons With Disabilities.--There were no reports of official 
discrimination against persons with disabilities in employment, 
education, access to health care, or the provision of other state 
services.
    The Government established schools for children with disabilities 
and provided grants for persons with disabilities to receive vocational 
training. The Government managed centers for persons with disabilities 
in each region where they could receive training and funding for 
establishing businesses.
    No laws mandate accessibility for persons with disabilities.
    In September, police authorities forcibly moved beggars with 
disabilities from Dakar for violating anti-begging provisions in the 
law; however, these same laws were not enforced among other 
populations, such as young children.

    National/Racial/Ethnic Minorities.--The country's southern 
Casamance region, which lies south of The Gambia, is unique in its 
multi ethnic composition and the prevalence of Christian and animist 
religious beliefs compared with the remaining Islamic regions of the 
country. Wolofs, the country's majority ethnic group, were a 
significant minority in Casamance. While the country's many ethnic 
groups have coexisted relatively peacefully, some observers have cited 
inter ethnic tensions between Wolofs and southern ethnic groups as 
playing a significant role in the long-running Casamance rebellion that 
was characterized by grievous human rights abuses. During the year, 
there was little violence in Casamance, and the Government and MFDC 
rebel leaders signed a formal ceasefire on December 30.
Section 6. Worker Rights
    a. The Right of Association.--The Constitution and the Labor Code 
provide all workers with the right of association and the freedom to 
form or join unions, and workers exercised this right in practice. The 
Labor Code requires the Minister of the Interior to give prior 
authorization before a trade union can exist legally, and the 
Government can also dissolve trade unions by administrative order; 
however, it did not dissolve any trade unions. Approximately 4 percent 
of the total work force worked in the private industrial sector, and 
most of these workers were unionized. Although they represented a 
shrinking percentage of the working population due to a loss in 
industrial jobs, the country's 16 labor associations, each consisting 
of multiple unions, wielded significant political influence because of 
their ability to disrupt vital sectors of the economy and the 
significant ties between union and political party leaders.

    b. The Right to Organize and Bargain Collectively.--The law 
provides unions with the rights to organize and to bargain 
collectively, and these rights are protected in practice. The 
Constitution and the Labor Code provide for the right to strike, but 
with significant restrictions; however, workers exercised this right in 
practice. Unions representing members of the civil service must notify 
the Government of their intent to strike at least 1 month in advance; 
private sector unions must notify the Government 3 days in advance. 
There are no special laws or exemptions from regular labor laws in the 
one export processing zone.

    c. Prohibition of Forced or Compulsory Labor.--The law prohibits 
forced or compulsory labor, including by children; however, there were 
reports such practices occurred (see Sections 5 and 6.d.).

    d. Prohibition of Child Labor and Minimum Age for Employment.--The 
Constitution bans the exploitation of child labor, and the Government 
enforced this ban in the formal sector; however, there were reports 
that forced child labor occurred.
    In 2003, the Government adopted four regulations on child labor 
that set the minimum working age, working hours, working conditions, 
and barred children from performing particularly dangerous jobs; 
however most child labor occurred in the country's informal economic 
sector where labor regulations were not enforced.
    The minimum age for employment was 15; however, children under the 
age of 15 continued to work in traditional labor sectors, such as 
automotive garages, animal husbandry, and fishing, particularly in 
rural areas where there was no enforcement of child labor laws. Some 
religious instructors in Koranic schools brought young boys from rural 
villages to urban areas and held them under conditions of servitude, 
forcing them to beg on a daily basis in unsanitary and dangerous 
conditions under the threat of physical punishment. Young girls worked 
as domestics, usually receiving little to no remuneration for their 
work.
    On July 22, the Minister of Labor signed a Time-Bound Program with 
the International Labor Organization (ILO) to reduce the worst forms of 
child labor, which the Government and the ILO identified as child 
begging, sexual exploitation of children, underage domestics, fishing, 
and animal husbandry. The Ministry of Family worked separately with 
UNICEF and the Italian Government to combat child labor.
    The Ministry of Labor (MOL) and its Social Security Inspectors were 
in charge of investigating and initiating lawsuits in child labor 
cases. Inspectors can visit any institution during work hours to verify 
and investigate compliance with labor laws. Inspectors can also act on 
tips from trade unions or ordinary citizens; however, in practice, 
inspectors did not initiate visits because of a lack of resources and 
relied on unions to report violators. MOL inspectors closely monitored 
and enforced minimum age rules within the small formal wage sector, 
which included state owned corporations, large private enterprises, and 
cooperatives.
    As a result of the 1998 International Program for the Elimination 
of Child Labor, which ended in December 2003, some children who worked 
as garbage scavengers were placed in apprenticeship and literacy 
programs. Young girls employed as underage domestics in Dakar received 
vocational training or were returned to their parents. The program also 
spurred awareness campaigns to increase girls' enrollment in school and 
to educate the public on the dangers of pesticides to children and 
adults working in agriculture.

    e. Acceptable Conditions of Work.--The law mandates a monthly 
minimum wage, and the Ministries of Labor and Finance determine wage 
rates after negotiating with the unions and management councils. The 
national minimum wage was $0.42 (209.10 CFA francs) per hour, which did 
not provide a decent standard of living for a worker and family.
    Within the formal sector, the law mandates for most occupations a 
standard workweek of 40 to 48 hours with at least one 24 hour rest 
period, 1 month per year of annual leave, enrollment in government 
social security and retirement plans, safety standards, and other 
measures. Enforcement was uneven, particularly outside of the formal 
sector.
    While there are legal regulations on workplace safety, they often 
were not enforced. There is no explicit legal protection for workers 
who file complaints about unsafe working conditions. Workers had the 
right to remove themselves from situations that endangered health or 
safety; however, it was seldom exercised due to high unemployment and a 
slow legal system.

                               __________

                               SEYCHELLES

    Seychelles is a multi-party republic governed by President James A. 
Michel and the Seychelles People's Progressive Front (SPPF). In April, 
ex-President France Albert Rene handed over power to Michel after 
serving as President since a 1977 coup. The leader of the opposition 
Seychelles National Party (SNP), Wavel Ramkalawan, argued that Rene 
misused the handover provision in the Constitution, charging that Rene 
wanted to allow Michel to establish himself politically prior to 
elections scheduled for 2006; however, the SNP recognized Michel as 
President. In 2001, President Rene and the SPPF won reelection with 54 
percent of the vote. Some international observers concluded that the 
overall result was decided fairly; however, other international 
observers said that the election was not entirely free and fair. 
December 2002 elections for the National Assembly were judged to be 
free and fair by international observers. The President and the SPPF 
dominated the country through a pervasive system of political 
patronage, control over government jobs, contracts, and resources. The 
judiciary was inefficient, lacked resources, and was subject to 
executive interference.
    The President has complete control over the security apparatus, 
which included a National Guard force, the army, the Presidential 
Protection Unit, the coast guard, and police. There also was an armed 
paramilitary Police Mobile Unit (SMU), which together with police had 
primary responsibility for internal security. The army, National Guard 
force, and coast guard were responsible for external security and some 
internal security. The Presidential Protection Unit was responsible for 
the President's security. The civilian authorities maintained effective 
control of the security forces. Some members of the security forces 
committed human rights abuses.
    The economy was market-based, although there was significant 
government control over the exchange rate and the import and export of 
goods. According to a census conducted in 2003, the population was 
82,000. The economy is based primarily on tourism; however, the fishing 
industry also is an important sector. The Government estimated the rate 
of economic growth to be negative 3 percent in 2003. Wages kept pace 
with inflation largely because the Government maintained an 
artificially high exchange rate. The lack of progress towards 
privatization, shortages of foreign exchange, and the pervasive 
presence of inefficient state enterprises led to an economic recession 
that continued at year's end.
    The Government generally respected the human rights of its 
citizens; however, there were problems in several areas. President 
Michel was not free to act independently because ex-President Rene and 
the SPPF continued to wield substantial power. There was one political 
killing. Police brutality was a problem. The Government sometimes 
infringed on privacy rights. There were some restrictions on freedom of 
the press. Violence against women continued, and child abuse remained a 
problem. Women's rights were limited. Discrimination against foreign 
workers also was a problem.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Arbitrary or Unlawful Deprivation of Life.--There was a report 
of a politically motivated killing. According to an opposition 
newspaper report, on July 25, agents of the Government accidentally 
killed Claude Monnaie, confusing him for an opposition party activist. 
By year's end, no one was charged.

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

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The Constitution forbids torture; however, there were 
reports of beatings by security forces. In November, police received a 
record number of complaints of police brutality. During the year, the 
Supreme Court reported that there were eight cases of police brutality, 
all of which were pending at year's end. Unlike in the previous year, 
there were no reports of beatings with electrical wires, or of families 
denied access in cases where the detainee had been severely beaten.
    In mid-November, police officers allegedly beat a man and sexually 
abused a woman after police picked up the couple in Anse Royale.
    Conditions at the Long Island prison remained Spartan. In 2003, the 
Grand Police High Security Prison was established on Mahe for more 
violent criminals. During the year, the total number of inmates 
increased to 193, of whom 8 were women; there were 16 prisoners under 
the age of 23, and 8 were noncitizens. Family members were allowed 
monthly visits, and prisoners had access to reading but not writing 
materials.
    Men were held separately from women, and juveniles were held 
separately from adults. Pretrial detainees generally were held 
separately from convicted prisoners.
    There was no regular system of independent monitoring of prisons; 
however, local and international nongovernmental organizations (NGOs) 
were allowed to visit. During the year, the Assistant Commissioner of 
Prisons from Mauritius, a Canadian NGO focused on prison conditions 
worldwide, and the African Commission on Human and People's Rights made 
visits; however, no local NGO visited the prisons.

    d. Arbitrary Arrest or Detention.--The Constitution prohibits such 
practices; however, legal restraints were not always respected.
    The Police Commissioner reports to the Defense Forces Chief of 
Staff and commands the police and the armed SMU. Regular police are 
unarmed and must work with the army on issues of internal security.
    The Constitution provides that persons arrested must be brought 
before a magistrate within 24 hours, with allowances made for boat 
travel from distant islands; however, police did not always uphold this 
requirement. For example, according to legal sources, in February, a 
man who was suspected of theft was arrested on a Friday, held over the 
weekend, and released on a Monday with no charges filed. A similar 
situation occurred in June. Despite these isolated examples, police 
appeared to have reduced their detention of individuals on a Friday or 
Saturday specifically to allow for a longer period of detention without 
charge. When the practice was used, police released such persons on 
Monday before the court could rule on a writ of habeas corpus.
    The law also provides for detention without charge for up to 7 days 
if authorized by court order, and, in practice, this provision 
generally was respected.
    Unlike in previous years, there were no reported cases that police 
used extended periods of detention under harsh conditions to extort 
confessions from suspects.
    Detainees have the right of access to legal counsel, and unlike in 
the previous year, there was no reported case of security forces 
withholding this right. Free counsel was provided to the indigent. Bail 
was available for most offenses.

    e. Denial of Fair Public Trial.--The Constitution provides for an 
independent judiciary; however, the judiciary was inefficient and 
subject to executive interference.
    The judicial system includes magistrates' courts (or small-claims 
court), the Supreme (or trial) Court, the Constitutional Court, and the 
Court of Appeal. The Constitutional Court convenes weekly or as 
necessary to consider constitutional issues only. The Court of Appeal 
convenes three times per year for 2 weeks in April, August, and October 
to consider appeals from the Supreme Court and Constitutional Court 
only.
    All members of the Supreme Court are appointed for 7 years and may 
be reappointed by the President on the recommendation of the 
Constitutional Appointment Committee. The Chief Justice was a 
naturalized citizen, and one other judge was from the country; the 
remaining judges were hired from other Commonwealth countries, 
including Mauritius, India, Sri Lanka, Nigeria, and Zambia. The Bar 
Association criticized the Government for not advertising domestically 
that judicial positions were available, since approximately 30 citizens 
practiced law either domestically or abroad. There were also several 
justices of the peace responsible for small-claims cases, and there 
were allegations that many justices of the peace were appointed because 
of their affiliation with the SPPF. Legal entities of the Government, 
such as the Attorney General's Office, were reluctant to pursue charges 
of wrongdoing or abuse of power against senior officials.
    Defendants have the right to a fair public trial. Depending on the 
gravity of the offense, criminal cases were heard by a magistrates' 
court or the Supreme Court. A jury was used in cases involving murder 
or treason. Trials were public, and the accused was considered innocent 
until proven guilty. Defendants have the right to counsel, to be 
present at their trial, to confront witnesses, and to appeal.
    An 18 member Family Tribunal heard and decided all matters relating 
to the care, custody, access, and maintenance of children, except 
paternity cases, which remained under the courts (see Section 5). The 
Family Tribunal was empowered to offer protection orders to victims of 
family violence. During the year, 451 cases came before the Tribunal, 
including a case in which the Tribunal prevented the removal of a child 
from the country's jurisdiction.
    There were no reports of political prisoners.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The Constitution provides for the right to privacy and 
freedom from arbitrary searches; however, the Government sometimes 
infringed on these rights. The law requires a warrant for police 
searches and seizures; unlike in previous years, there were no reports 
that members of the police drug squad entered homes and detained 
persons without a warrant.
    The law requires that all electronic surveillance be justified on 
the grounds of preventing a serious crime and approved by a judge; 
however, there were reports that the Government maintained telephone 
surveillance of some political figures.
    There were reports that members of the opposition were barred from 
receiving postings in administrative positions in the education sector 
(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, it also provides for 
restrictions on speech ``for protecting the reputation, rights, and 
freedoms of private lives of persons'' and ``in the interest of 
defense, public safety, public order, public morality, or public 
health.'' As a result, both freedom of speech and of the press were 
limited because civil lawsuits could easily be filed to penalize 
journalists for alleged libel.
    The government controlled Seychelles Broadcasting Corporation (SBC) 
continued to ban a local singer's music from being broadcast on the 
grounds that the songs were seditious.
    The Government had a near monopoly of the media and owned the only 
television station, all radio stations the most important means for 
reaching the public and the only daily newspaper, the Nation. The 
government-owned media adhered closely to the Government's position on 
policy issues and gave the opposition and news adverse to the 
Government only limited attention. While both opposition parties 
published an assortment of newsletters and magazines, there was 
publication of only one significant opposition newspaper, the weekly 
Regar. Government officials have sued Regar for libel numerous times in 
recent years, most recently in 2003. This case had not been heard by 
year's end.
    In November, the editor of Regar appeared in court to defend the 
newspaper's publication, despite a court order not to publish, of a 
letter written by three judges to the Chief Justice. The editor was 
charged with contempt of court for publishing the article. There was no 
resolution to the case at year's end.
    Journalists did not practice self-censorship.
    The license fees for a private radio or television station were 
prohibitively expensive and were a deterrent to the establishment of 
such stations. The license fees for a private newspaper were not as 
prohibitive.
    The law allows the Minister of Information Technology to prohibit 
the broadcast of any material believed to be against the ``national 
interest'' or ``objectionable''; however, the law was not used during 
the year. The legislation also requires telecommunications companies to 
submit subscriber information to the Government.
    There were no government restrictions on the use of the Internet.
    Academic freedom was limited because persons could not reach senior 
positions in the academic bureaucracy without demonstrating at least 
nominal loyalty to the SPPF. There are no universities; secondary 
school teacher appointments were largely apolitical. The Government 
controlled faculty appointments to the Polytechnic, the most advanced 
learning institution.

    b. Freedom of Peaceful Assembly and Association.--The Constitution 
provides for freedom of assembly and association, and the Government 
generally respected these rights in practice; however, while generally 
permitting SPPF rallies, the police on occasion refused to grant such 
permission to the SNP.

    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. 
Although it was not used during the year, the law allows the Government 
to deny passports to any citizen if the Minister of Defense finds that 
such denial is ``in the national interest.'' While the resident 
departure tax of approximately $49 (SR 250) was payable in local 
currency, government foreign exchange regulations and the foreign 
exchange shortage hindered many citizens from being able to afford 
foreign travel.
    The law prohibits forced exile, and the Government did not use it. 
Several claims to reacquire property of some individuals who returned 
from voluntary exile following the 1977 coup remained in the court 
system, and no action on those cases occurred during the year.
    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, but 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; however, the issue 
did not arise 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 the 2001 
presidential elections and in the 2002 National Assembly elections. 
Suffrage was universal.
    In the 2001 presidential election, approximately 90 percent of 
eligible voters participated. President Rene was reelected with 54 
percent of the vote; SNP candidate Wavel Ramkalawan received 45 
percent, and independent candidate Dr. Philip Boulle received 1 
percent. Ramkalawan challenged the election results, accusing the SPPF 
of intimidation, vote buying, and election rule misuse, but in 2003 he 
withdrew his court case. Observers from the Southern African 
Development Community noted ``minor hitches'' but stated their 
satisfaction with the election and in particular observed transparency 
during vote casting and counting. However, the Commonwealth 
Organization observers reported that while the presidential elections 
were peaceful, they were not entirely free and fair. Their report 
described instances of intimidation during voting and the lack of open 
competition during the campaign.
    In the 2002 National Assembly elections, judged to be free and fair 
by international observers, the opposition SNP party won 11 of the 34 
seats.
    France Albert Rene's SPPF party continued to use its political 
resources and those of the Government to develop a nationwide 
organization that extended to the village level. The opposition parties 
have been unable to match the SPPF's organization and patronage, in 
part because of financial limitations. In the current budget, the SPPF 
was allocated $49,300 (SR 271,500), the SNP $38,700 (SR 213,000), and 
the Democratic Party $2,800 (SR 15,500). These amounts were based on 
percentages received by the political parties nationally in the 2002 
legislative elections.
    Some members of opposition parties claimed that they lost their 
government jobs because of their political beliefs and were at a 
disadvantage when applying for government licenses and loans.
    There was widespread public perception of corruption in the 
executive branch, especially in the process of privatization of 
government-owned businesses and government-owned land distribution. 
There were reports that recent sales of major government-owned assets 
were decided without independent review. There were also complaints in 
the opposition newspaper that in at least two cases, the identity of 
the purchasers of these properties was never revealed.
    There are laws allowing public access to government information; 
however, the Government does not enforce them.
    There were 10 women in the 34-seat National Assembly, 7 by direct 
election and 3 by proportional representation, and there were 2 women 
in the 12-minister Cabinet. There were four female principal 
secretaries in the government service.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    A number of domestic human rights groups, including churches, 
generally operated without government restriction, investigating and 
publishing their findings on human rights cases. Government officials 
were generally cooperative and responsive to their views.
    The Center for Rights and Development (CEFRAD) had a 5-year action 
plan that stressed respect for human rights, participation in a civil 
society, and sensible approaches to development; however, CEFRAD did 
not claim any results from its 5-year plan by year's end. CEFRAD also 
established ties with other national and international NGOs.
    In June, the African Commission on Human and People's Rights, a 
branch of the African Union, assessed the overall human rights 
situation in the country. The group found that the country demonstrated 
a broad respect for human rights, but it noted that army involvement in 
police operations was a point of concern.
    A government-run National Humanitarian Affairs Committee (NHAC) 
operates with a diverse range of members from both civil society and 
the Government. The International Committee of the Red Cross acts as a 
technical adviser to the NHAC.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The Constitution affirms the right to be free from all types of 
discrimination, but it does not prohibit discrimination based on 
specific factors. In practice, there was no overt discrimination in 
housing, employment, education, or other social services based on race, 
sex, ethnicity, nationality, or disabilities.

    Women.--Domestic violence against women, particularly wife beating, 
was an increasing problem. Police seldom intervened in domestic 
disputes, unless the dispute involved a weapon or major assault. The 
few cases that reached a prosecutor often were dismissed, or, if a case 
reached court, the perpetrator usually was given only a light sentence. 
Rape, spousal rape, and domestic abuse are criminal offenses. There was 
growing societal concern about domestic violence and increased 
recognition of the need to address it. During the year, one local NGO 
held awareness campaigns and training programs for women and girls 
regarding domestic abuse.
    Prostitution is illegal but remained prevalent.
    The law prohibits sexual harassment but was rarely enforced.
    The society largely was matriarchal. There were no reports of 
societal discrimination against unwed mothers, and more than 70 percent 
of births were out of wedlock during the year; fathers were required by 
law to support their children. There was no officially sanctioned 
discrimination in employment, and women were well represented in 
business. Inheritance laws did not discriminate against women.

    Children.--The Division of Social Affairs in the Ministry of Social 
Affairs and Manpower Development worked to protect children's rights, 
and in practice, they were fairly effective, given the resource 
constraints.
    Children were required to attend school through the 10th grade. 
Free public education was available through the secondary level until 
age 18. Students had to buy school uniforms but did not have to pay for 
books or tuition. However, parents were sometimes asked to contribute 
some supplies. Parents contributed up to two thirds of the cost of post 
secondary education and training based on their income for both in-
country and overseas schools. According to government figures, all 
children between the ages of 6 and 16 attended school, and the 
percentages of boys and girls enrolled was roughly equal. There was a 
noncompulsory 5th year of secondary school. After completing secondary 
school, students can go to the Polytechnic School for Vocational 
Training, go abroad for university studies, or go to apprenticeship or 
short term work programs. Children in the apprenticeship or short term 
work programs received a training stipend, which was less than the 
minimum wage.
    The age of consent was 15 years. Girls were not allowed to attend 
school when they were pregnant, and many did not return to school after 
the birth of a child.
    Girls and boys had equal access to medical care.
    The Family Tribunal was responsible for collecting and disbursing 
child support payments made by family members. In December 2003, the 
Auditor General confirmed that there were missing child support funds 
totaling $255,400 (SR 1,297,615). At year's end, the funds had not been 
recovered, and it was unlikely that further action would be taken in 
the case. Social security funds were transferred to cover the child 
support obligations.
    The law prohibits physical abuse of children. Sexual abuse of 
children, usually in low-income families, was a problem; however, there 
were only a few cases of sexual abuse, generally by stepfathers and 
older brothers, reported during the year. Ministry of Health data and 
press reports indicated that there were a significant number of rapes 
committed against girls under the age of 15. Very few child abuse cases 
were prosecuted in court. The strongest public advocate for young 
victims was a semiautonomous agency, the National Council for Children. 
There was criticism that police failed to investigate vigorously 
charges of child abuse.

    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 With Disabilities.--There was no legislation providing for 
access to public buildings, transportation, or state services; however, 
there was no reported discrimination against persons with disabilities 
in housing, jobs, or education.
Section 6. Worker Rights
    a. Right of Association.--The law provides workers with the right 
to form and join unions of their choosing; however, police, military, 
prison, and fire fighting personnel may not unionize. Between 15 and 20 
percent of the workforce was unionized.

    b. Right to Organize and Bargain Collectively.--The law provides 
workers with the right to engage in collective bargaining; however, 
free collective bargaining did not take place. The Government has the 
right to review and approve all collective bargaining agreements in the 
public and private sectors. There was little flexibility in setting 
wages. In the public sector, which employed 57 percent of the labor 
force, the Government set mandatory wage scales for employees. The 
employer generally set wages in the private sector in individual 
agreements with the employee, but, in the few larger businesses, the 
Government set wage rates.
    The law authorizes the Ministry of Employment and Social Affairs to 
establish and enforce employment terms, conditions, and benefits, and 
in practice, workers frequently obtained recourse against their 
employers through the Ministry.
    Strikes are illegal without first exhausting arbitration procedures 
and are rare.
    There is 1 export processing zone, the Seychelles International 
Trade Zone (SITZ), with 24 participating companies. The SITZ was bound 
only by the Seychelles Trade Zone Act and was not obliged to adhere to 
labor, property, tax, business, or immigration laws.

    c. Prohibition of Forced or 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 
Constitution states that the minimum age for employment is 15, 
``subject to exceptions for children who are employed part time in 
light work prescribed by law without harm to their health, morals, or 
education,'' and in practice, these requirements were followed. It is a 
criminal offense punishable by a fine of $1,090 (SR 6,000) to employ a 
child under the age of 15. The Ministry of Employment and Social 
Services enforced child labor laws and investigated abuses of child 
labor. The Ministry handled such complaints within its general budget 
and staffing; no cases that required investigation were reported.

    e. Acceptable Conditions of Work.--There is no official private 
sector minimum wage. However, according to the Ministry of Employment, 
the minimum wage is $412 (SR 2,225) per month for public sector 
employees. The Government encourages but does not require the private 
sector to grant the minimum public sector wage. Even with the free 
public services that were available, primarily health care and 
education, independent labor unions believed that a single salary at 
the low end of the pay scale did not provide a decent standard of 
living for a worker and family. Private employers historically paid 
higher wages than the Government to attract qualified workers; however, 
economic problems during the year led to downward pressures on wages.
    The legal maximum workweek varied from 45 to 55 hours, depending on 
the economic sector; in practice, some workers may work up to 60 hours 
per week. Government employees worked fewer hours. Each full time 
worker was entitled to a 30 minute break per day and a minimum of 21 
days of paid annual leave. Workers were permitted to work overtime up 
to 60 additional hours per month. The Government generally enforced 
these regulations.
    Foreign workers did not enjoy the same legal protections. There 
continued to be a growing trend to admit foreign workers, primarily 
from China, India, the Philippines, Thailand, and Madagascar, to work 
in the construction and commercial fishing sectors, because few 
citizens chose to work in these sectors. These workers were sometimes 
paid lower wages and forced to work longer hours than citizens.
    The Ministry of Employment and Social Affairs has formal 
responsibility for enforcing the Government's comprehensive 
occupational health and safety regulations, and the Ministry of Health 
enforced such standards. During the year, an International Labor 
Organization (ILO) team found serious deficiencies in the management 
and effectiveness of government monitoring and enforcement efforts; 
however, there was no known government response to the ILO criticisms. 
Occupational injuries were most common in the construction, marine, and 
port industries. Safety and health inspectors rarely visited job sites. 
Unlike in the previous year, there were no work-related deaths. Workers 
do not have the right to remove themselves from dangerous or unhealthy 
work situations without risking their continued employment, and if they 
took such action, they were considered as having resigned.

                               __________

                              SIERRA LEONE

    Sierra Leone is a constitutional republic with a directly elected 
President and a unicameral legislature. In 2002, the devastating 11-
year civil conflict officially ended, and the Government, backed by a 
large U.N. peacekeeping force, asserted control over the whole country. 
Ahmed Tejan Kabbah was re-elected President in 2002, and his Sierra 
Leone People's Party (SLPP) won a large majority in Parliament. Many 
international monitors declared the elections free and fair; however, 
there were numerous reports of election irregularities. In May, the 
first local government elections in 32 years were held in 311 wards 
nationwide. National and international monitors declared the elections 
free and fair; however, subsequent claims of substantial electoral 
irregularities emerged. The U.N. Mission in Sierra Leone (UNAMSIL) 
handed over responsibility countrywide to the Sierra Leone Armed Forces 
(RSLAF) and Sierra Leone Police (SLP) and continued to withdraw its 
forces, which by year's end numbered approximately 4,000. In accordance 
with the extension of its mandate from the U.N. Security Council, 
UNAMSIL rescheduled its complete withdrawal to June 2005. The Truth and 
Reconciliation Commission (TRC) completed public hearings to air the 
grievances of victims and the confessions of perpetrators from the 
civil war and released its final report on October 5. During the year, 
the Special Court of Sierra Leone (SCSL) war crimes tribunal began 
trials of three Civil Defense Force (CDF) indictees and three 
Revolutionary United Front (RUF) indictees, while five others awaited 
trial. The judiciary generally demonstrated independence, but at times, 
it was subject to corruption.
    Among the Government's security forces, the SLP officially has 
primary responsibility for internal order; however, on occasion, the 
RSLAF and UNAMSIL shared responsibility with police in security 
matters. The RSLAF is responsible for external security under the 
Ministry of Defense. Civilian authorities maintained control of 
security forces throughout the year. Some members of the security 
forces committed human rights abuses.
    The country had a market-based economy and remained extremely poor; 
per capita Gross Domestic Product (GDP) was approximately $150, and the 
population was approximately 6 million. Approximately two-thirds of the 
working population engaged in subsistence agriculture. Limited 
agricultural production continued, and industrial mineral companies 
began rehabilitating mining sites to resume extraction; illegal diamond 
mining continued, but legal exports increased from $75 million in 2003 
to $127 million by year's end. Approximately 60 percent of the 
Government's budget came from foreign assistance. The infrastructure 
was devastated by years of fighting and decades of corruption and 
mismanagement.
    The Government generally respected the human rights of its 
citizens; however, there were serious problems in several areas. One 
man died in police custody during the year. Security forces raped women 
and children; members of UNAMSIL were accused of murdering a 
prostitute. Although conditions in some prisons improved, many 
detention centers were overcrowded and unsanitary, which resulted in 
numerous deaths during the year. Members of the SLP continued to arrest 
and detain persons arbitrarily. There were reports of extortion by 
police. Prolonged detention, excessive bail, and insufficient legal 
representation remained problems. The Government at times limited 
freedom of speech and the press during the year. Criminal libel laws 
received extensive press attention during the year with the 
imprisonment of a journalist on charges of seditious libel. Instability 
in border areas, as well as occasional incursions into the country by 
Liberian combatants, who sometimes raided villages for food, continued 
during the year. Violence, discrimination against women, and 
prostitution remained problems. Female genital mutilation (FGM) 
remained widespread. Abuse of children was a problem; however, numerous 
children who fought as child soldiers continued to be released and 
participated in reintegration programs during the year. There were 
reports of trafficking in persons, and new anti-trafficking legislation 
was passed by the Parliament. Residents of non-African descent faced 
institutionalized political restrictions. Forced labor continued to be 
a problem in rural areas. Child labor 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 or its agents; 
however, on March 13, a man died at the Central Police Station while in 
police custody. Although excessive force was suspected, police sources 
claimed that the man was already injured when he was first brought into 
custody for fighting. Police released him to a friend after a few 
hours, but the man later was returned to the police station, where he 
died. Four police were investigated for negligence and reprimanded.
    In November 2003, guards severely beat three boys, one to death, 
following an escape attempt at a juvenile detention center. During the 
year, the Ministry of Social Welfare, Gender, and Children's Affairs 
launched an investigation, and new guards trained in coping tactics 
replaced the original guards. The SLP's Criminal Investigation Division 
distributed 300 flyers describing the guard accused of murder and 
requesting information on his whereabouts; however, he remained at 
large at year's end.
    The case of three RSLAF soldiers accused of beating a Fullah 
businessman to death in June 2003 was still at trial at year's end.
    In April, UNAMSIL soldiers were accused of murdering a prostitute, 
who was found dead after last being seen with the men. An investigation 
was ongoing at year's end.
    During the year, a local human rights organization began 
preliminary investigations into allegations of the existence of a mass 
grave in Kamakwie. UNAMSIL carried out preliminary investigations in 
2003 of mass graves found in both Bo and Pujehun Districts. The sites 
reportedly included graves in Sahn and Bendu Mahlen, which together may 
hold more than 300 bodies.

    b. Disappearance.--There were no reports of politically motivated 
disappearances.
    Former RUF rebels continued to hold some persons, including women 
and children, as forced or common law spouses or laborers. Some women 
reportedly remained with their captors due to intimidation by their 
captors and a lack of viable options (see Section 5). The Ministry of 
Social Welfare, Children, and Gender maintained a database, with the 
help of UNICEF, which attempted to track children separated from their 
families during the war. International NGOs continued to work to secure 
the release of women and children from their captors, often with 
government assistance.

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The Constitution prohibits such practices; however, there 
were reports that security forces beat and raped persons, and that 
police stole, extorted, and accepted bribes.
    RSLAF forces and the SLP sometimes acted on individual informal 
complaints outside of the established chain of command and scope of 
duty (see Section 1.a.). In February, RSLAF soldiers allegedly beat a 
farmer in the Pujehun district after the local chief claimed that the 
victim owed him palm oil.
    There were reports that security forces beat journalists during the 
year (see Section 2.a.). There were also reports that security forces 
harassed civil society groups that worked on mining issues (see Section 
2.b.).
    There were reports that security forces raped women and children 
during the year. For example, at year's end, a policeman was in custody 
at Pademba Road Prison awaiting trial for raping a 12-year-old girl in 
Freetown. In August, a police officer in Kenema allegedly impregnated a 
prisoner and then fled to Freetown. Although the officer claimed that 
their sexual relationship was consensual, his position of authority 
over the 18-year-old woman brought into doubt her ability to consent 
freely to sexual relations.
    A prison officer in Moyamba allegedly raped a female detainee in 
2003. The officer had not been charged by year's end.
    After a police investigation, the 2003 case against a police 
officer accused of raping an elderly woman in Lunsar was dropped for 
lack of evidence.
    Unlike the previous year, there were no reports that UNAMSIL staff 
or soldiers raped persons. A UNAMSIL investigation into an alleged rape 
of a minor girl in Makeni in May 2003 was being conducted at year's 
end. The Personnel Conduct Committee continued to operate, and the 
UNAMSIL Human Rights Section held training sessions on preventing 
sexual abuse during the year for newly arrived peacekeepers.
    In November, a third country national SCSL staff member was 
released on bail after being charged for an August rape of a young 
girl. Although the victim recanted her testimony, the trial was still 
ongoing at year's end. The staff member complained about the lack of 
access to medical treatment, legal and diplomatic representation, and 
the sanitary conditions at Pademba Road Prison.
    In December, the magistrate court in Kenema released and then 
ordered the re-arrest of a soldier who had been charged during the year 
with raping an 8-year-old girl in Kailahun. The soldier presented 
evidence that he was impotent; however, subsequent press reports 
indicated that he had a pregnant wife and two children, and the 
magistrate concluded that he had made his original decision on false 
evidence. At year's end, the SLP had not executed the re-arrest order. 
There were no reports of action taken in reported cases of rape 
allegedly committed by RSLAF soldiers in previous years.
    On multiple occasions, police did not intervene while crowds beat 
alleged thieves.
    During the year, Guinean forces illegally occupied the Yenga area 
in the northern part of the country, and the Government accused them of 
trespassing and harassing the indigenous population. In September, the 
President of Guinea signed an agreement acknowledging Sierra Leone's 
dominion over the land. The presidents of each country assured one 
another that there would no longer be a dispute between the countries 
over Yenga; however, Guinean forces still occupied the area at year's 
end.
    Prison conditions improved in some locations during the year; 
however, conditions in most facilities were poor. International human 
rights observers who visited maximum-security Pademba Road Prison 
reported that prisoners had adequate access to food, medical care, 
recreation, and vocational skills training. However, in May, an inmate 
in the men's unit at Pademba Road Prison presented a formal complaint 
to the Freetown Magistrate regarding inadequate medical treatment. In 
September, newspapers reported that 15 Pademba Road prisoners began a 
hunger strike to protest the poor conditions at the prison, including 
inadequate food and unsanitary living quarters. After visits to the 
Western Area, Kono, Bombali, Kambia, Port Loko, and Kenema District, 
human rights observers reported that conditions frequently fell below 
minimum international standards because of overcrowding, unhygienic 
conditions, and insufficient medical attention. Such conditions 
resulted in numerous deaths during the year.
    Many problems resulted from the poor state of the judiciary; for 
instance, case backlogs in the courts led to severe overcrowding. There 
were approximately 1,400 detainees in facilities built for about half 
that number. For example, Pademba Road Prison, which was designed to 
house 325 prisoners, held approximately 840 prisoners. In November, a 
Commonwealth judge inspected Pademba Road Prison and described the 
conditions as ``deplorable.'' After meeting with prisoners, some of 
whom had been held for as many as 8 years, the judge said the delay in 
justice was a ``time bomb.'' Shortly after the judge's visit, 45 
prisoners escaped while being transported from the court to the prison. 
There are 12 district prisons in the country, 8 of which were 
functioning. A prison renovation program sponsored by the U.N. 
Development Program was in progress at all detention facilities to 
mitigate overcrowding.
    Conditions in holding cells in police stations were extremely poor, 
especially in small stations outside of Freetown. During the year, 
international monitors visited the SCSL detention facilities and 
reported that they met acceptable standards.
    Government policy precluded family visits to prisoners at Pademba 
Road Prison except in exceptional circumstances and on a case-by-case 
basis; however, the International Committee for the Red Cross (ICRC) 
provided a messaging service that allowed prisoners to communicate with 
their families.
    International observers who visited Liberian combatants throughout 
the year at Mape and Mafanta Internment Camps reported that conditions 
were adequate except that a number of juveniles were held with adults; 
however, in February, a Liberian detainee at Mape Internment Camp 
reportedly died as a result of unsatisfactory health services. 
Approximately 420 former Liberian combatants were detained at the 2 
camps at year's end.
    According to a U.N. Human Rights report, prisons in Koidu, Bo, 
Kenema, and Kabala were using detainees for work outside of the prison 
without appropriate compensation.
    Male and female prisoners were held separately. Adults and 
juveniles were sometimes incarcerated together. Juvenile detainees did 
not have adequate access to rehabilitative services, such as education 
or vocational training. Pretrial detainees were held with convicted 
prisoners.
    International monitors, including UNAMSIL and the ICRC, had 
unrestricted access to visit Pademba Road Prison and other detention 
facilities, including the SCSL detention facilities. Prison Watch, a 
local human rights group, reported on detention facilities throughout 
the country. Unlike last year, there were no reports that human rights 
groups were restricted from visiting detention facilities.

    d. Arbitrary Arrest or Detention.--The Constitution prohibits 
arbitrary arrest and detention; however, government forces occasionally 
arrested and detained persons arbitrarily.
    The SLP, which has primary responsibility for maintaining internal 
order, received insufficient resources, lacked investigative or 
forensic capabilities, and was widely viewed as corrupt and 
incompetent. During the civil war, numerous officers were killed or 
fled their posts, which resulted in a reduction of the country's police 
force from approximately 9,500 officers to 7,000. Budget constraints 
have impeded recruitment efforts, as have the lack of basic educational 
skills of applicants, many of whom had no schooling during the civil 
war. During the year, the Inspector General of Police continued efforts 
to increase SLP personnel levels, to bring more accountability to top 
SLP officials through systematic rotations, and to assume primary 
security responsibility from UNAMSIL. There were approximately 7,900 
police officers by year's end.
    In February, President Kabbah and Vice-President Berewa visited a 
police station in Kono and urged police officers to refrain from 
committing human rights violations.
    During the year, there were frequent reports that police officers 
took bribes at checkpoints, falsely charged motorists with violations, 
and impounded vehicles to extort money. However, there were other 
anecdotal reports that police behavior in Freetown improved 
dramatically during the year; reportedly, police no longer routinely 
harassed and demanded payment from businessmen in the Lebanese 
community, and there were no makeshift roadblocks in Freetown to extort 
money.
    The law requires warrants for searches and arrests in most cases; 
however, arrest without warrant was common. There were judicial 
protections against false charges; however, prisoners often were 
detained for prolonged periods on false charges. Detainees have the 
right of access to family or counsel; however, access to counsel was 
often delayed, and family visits were restricted at maximum-security 
Pademba Road Prison (see Section 1.c.). There are provisions for bail, 
and there was a functioning bail system; however, international 
observers described frequent cases of excessive bail. Many criminal 
suspects were held for months before their cases were examined or 
formal charges were filed.
    There were numerous instances of arrest without charges for purely 
civil causes; arrests for breach of contract or debt cases were the 
most common. For example, in March, police reportedly detained a woman 
in Koidu because of a private business debt.
    During the year, police arrested demonstrators (see Section 2.b.).
    At year's end, approximately 89 RUF/AFRC/West Side Boys who had 
experienced prolonged pretrial detention were charged. During the year, 
a visiting Commonwealth judge filed a writ of habeus corpus, leading to 
the release of 12 former soldiers who had reportedly rebelled against 
the Government and who had been held since 1996. In addition, 16 West 
Side Boys were released on August 21. Trials for many of those charged 
began on October 22; however, at year's end, no testimony had been 
given due to repeated court cancellations.

    e. Denial of Fair Public Trial.--The Constitution provides for an 
independent judiciary, and the Government generally respected this 
provision in practice. The judiciary at times was subject to 
corruption.
    The judicial system consists of the Supreme Court, appeals courts, 
the High Court, whose justices are chosen by the President, and 
magistrate courts. Local chieftaincy courts administer customary law 
with lay judges; appeals from these lower courts are heard by the 
superior courts.
    Judicial presence outside the capital district improved during the 
year. By year's end, there were magistrate courts functioning in all 12 
judicial districts, which at times were presided over by justices of 
the peace. Also, magistrates were permanently stationed at five 
provisional headquarters in Bo, Moyamba, Makeni, Port Loko, and Kenema. 
The magistrates visited the remaining seven judicial districts at least 
once per month.
    The Constitution and the law provide for a speedy trial; however, 
in practice, the lack of judicial officers and facilities often 
produced long delays in the judicial process. Trials were usually fair; 
however, there was evidence that corruption influenced some cases. A 
majority of cases on the magistrate level were prosecuted by police 
officers, many of whom had little or no formal legal training.
    Traditional justice systems continued to supplement extensively the 
central government judiciary in cases involving family law, 
inheritance, and land tenure, especially in rural areas. There were 
reports that local chieftains at times exceeded their mandates and 
executed harsh punishments. For example, in August, there were reports 
of Councils of Chiefs administering flogging as punishment.
    In April, associates of the port director severely beat a port 
authority official investigating corruption. At the trial, the port 
director allegedly bribed all 12 jurors, and the suspect who had been 
arrested for the beating was subsequently acquitted and released. The 
jurors later were arrested and were in police custody at year's end.
    There were no reports of political prisoners.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The Constitution and law prohibit such practices, and 
the Government generally respected these prohibitions in practice.
    No action was taken against the approximately 100 persons who 
destroyed dozens of homes in Kono District in 2002, allegedly to rid 
the area of non-Kono persons.
    The RSLAF performed frequent border patrols to try to deter attacks 
by Liberian combatants who forced some villagers to be porters, and 
UNAMSIL maintained a battalion in Kenema that supported border patrols; 
however, the porous border with Liberia made such cross-border raids 
difficult to stop completely. Raids continued into the early part of 
the year.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The Constitution provides for 
freedom of speech and of the press; however, the Government at times 
limited these rights in practice.
    More than 50 newspapers were published in Freetown during the year, 
covering a wide spectrum of interests and editorial opinion. Most of 
the newspapers were independent, and several were associated with 
opposition political parties. Reporting was often politicized and 
inaccurate, in large part because of poor training of journalists, 
insufficient resources, and a lack of commitment to objectivity. 
Corruption among journalists was widespread. The number of newspapers 
fluctuated weekly. Newspapers openly and routinely criticized the 
Government and its officials, as well as opposition parties and former 
rebel forces.
    Due to low levels of literacy and the relatively high cost of 
newspapers and television, radio remained the most important medium of 
public information. Several government and private radio and television 
stations broadcast, featuring domestic news coverage and political 
commentary.
    The Independent Media Commission regulated independent media 
outlets. Although it was an independent body, some media observers 
alleged that the Government influenced the Commission. The annual 
license fee for single channel radio stations previously was $2,000 (4 
million Leones when established in 2002), but, because radio 
journalists and media monitors claimed that this fee was prohibitively 
expensive and would limit severely the number of independent radio 
stations, the fee schedule was revised downward during the year. Fees 
ranged from $212 (521,000 Leones) for community radio stations 
operating at 100 watts to $2,000 (approximately 4.9 million Leones) for 
rebroadcasts of programming like Voice of America and British 
Broadcasting Corporation. By year's end, all radio stations had paid 
the revised fees. Newspapers were charged an annual $42 fee 
(approximately 103,000 Leones). By year's end, 21 of 36 newspapers had 
paid the fee while the others risked being banned.
    In September, the SLP assaulted two journalists outside the CID. 
Allegedly, the journalists had gone to CID headquarters seeking 
information. No action was taken against the officers responsible.
    In September, members of the ruling party, the SLPP, reportedly 
beat a journalist because of a story he was investigating. No further 
action was taken in this case.
    The Public Order Act of 1965 criminalizes both defamatory and 
seditious libel; however, the law was rarely applied and only in cases 
involving top officials. Punishment for first-time offenders can be up 
to 3 years' imprisonment, and subsequent seditious libel offenses can 
bring terms of up to 7 years.
    On October 5, Paul Kamara, editor of the For Di People newspaper, 
was found guilty of seditious libel against President Kabbah. Kamara 
received two concurrent 2-year sentences, and his newspaper was banned 
from publishing for 6 months. The sentences drew international 
attention, and at year's end, the Sierra Leonean Journalists' 
Association and other media advocates continued working to secure his 
pardon. Also at year's end, For Di People had resumed publishing.
    The Government did not restrict access to the Internet.
    The Government did not restrict academic freedom.

    b. Freedom of Peaceful Assembly and Association.--The Constitution 
provides for freedom of assembly, and the Government generally 
respected this right in practice.
    Several large demonstrations took place during the year, including 
opposition party political rallies. Although some demonstrations were 
marred by violence, most were relatively peaceful. There were no 
reported incidents of violent demonstration during the year in 
Freetown; peaceful social and cultural assemblies and parades were 
frequent.
    In February, the Government refused an assembly permit to the 
Methodist Women's Organization, a local civil society group. The 
Government claimed the group's rally could incite problems. The 
Methodist Women appealed the Government's response, but they were 
unsuccessful.
    In February, Kono authorities reportedly harassed members of the 
Campaign for Just Mining, a local civil society group, after it hosted 
a public discussion regarding mining practices in the district. Also in 
Kono, police harassed and intimidated area agencies that met to discuss 
mining practices.
    In March, the Criminal Investigative Division (CID) arrested five 
men wearing shirts that called for the release of CDF leader Samuel 
Hinga Norman. The men were reportedly protesting peacefully outside of 
the SCSL, where Norman was being held. Reportedly, the men were 
arrested for the controversial message on their clothing. Other 
protesters standing outside of the SCSL calling for the extradition of 
former Liberian President Charles Taylor were not arrested.
    The Constitution provides for freedom of association, and the 
Government generally respected this right in practice. There were 
numerous civic, philanthropic, and social organizations, and the 
registration system was routine and nonpolitical. Throughout the year, 
the Revolutionary United Front Party (RUFP), the political party formed 
from the RUF, continued to exist, although it had serious problems with 
membership and organization.

    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; 
however, there were frequent reports that police officers who ran 
security roadblocks outside of the capital often extorted money from 
motorists.
    The Constitution does not provide for forced exile, and the 
Government did not use it.
    The Liberian border remained officially closed, at times, due to 
the civil conflict in Liberia; however, authorities permitted refugees, 
returnees, and other persons to move between the two countries 
regularly. There were some unconfirmed reports of bribery or coercion 
at border crossing points. At year's end, the border was open to 
official travel.
    NGOs estimated that approximately 10,000 to 20,000 unregistered 
internally displaced persons (IDPs) remained, mostly in urban areas. 
Two camps for war-wounded persons remained open, one in Grafton and 
another for amputees in Freetown.
    Approximately 26,000 refugees were repatriated during the year, 
bringing the total of those repatriated to 245,732 since 2000. An 
estimated 1,700 persons remained in refugee camps in Guinea, and 2,700 
persons remained in Liberia; smaller numbers remained in Cote d'Ivoire, 
the Gambia, Ghana, and other countries; they were expected to integrate 
locally in those countries. Approximately 5,900 refugees lived in 
camps, while the rest were urban non-camp refugees.
    The large influx of IDPs and refugees and the lack of resources 
caused tension with local residents; however, there were no reported 
incidents of violence. There were numerous reports that refugees and 
IDPs returned to find their homes occupied.
    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, 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 asylum and cooperated with the U.N. High 
Commissioner for Refugees (UNHCR) and other organizations in assisting 
refugees.
    The Government also provided temporary protection to certain 
individuals who may not qualify as refugees under the 1951 Convention 
Related to the Status of Refugees or its 1967 Protocol. During the 
year, the Government continued to provide temporary protection to 
Liberians who had fled the conflict in their home country. At year's 
end, there were approximately 47,000 Liberian refugees living in the 
country by year's end, according to the UNHCR. Some camps, at times, 
were unable to provide adequate food or shelter for the influx of 
refugees, which sometimes caused instability in border areas. However, 
UNHCR reported that food provisions were made according to a U.N. 
standard of 2,100 calories per day per person and that every family was 
given private quarters. UNHCR also reported that they were 
rehabilitating the shelters and that vulnerable persons received 
priority consideration.
    UNHCR and international aid workers reported that refugees were 
sexually exploited in camps by locally employed staff of international 
NGOs in exchange for extra food and other aid materials. Steps were 
taken to combat this problem by conducting sensitization campaigns and 
setting up mechanisms for reporting, investigating, and punishing those 
responsible; however, reporting and handling of these cases remained 
inconsistent.
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 
universal suffrage; however, the May 2002 elections were marred by 
irregularities, although many observers judged them to be free and 
fair.
    Presidential and parliamentary elections were held in May 2002; 11 
political parties were represented in the elections. President Kabbah 
of the SLPP was re-elected with 70 percent of the popular vote. The 
RUFP fielded presidential and parliamentary candidates, but it won only 
1.7 percent of the vote. In Parliament, the SLPP won 83 of the total 
112 seats; only 2 other parties won seats. Only the SLPP was 
represented in the Cabinet after two cabinet members, who were earlier 
considered to be independent, joined the SLPP following the elections. 
Many international monitors declared the elections free and fair; 
however, there were credible reports of significant abuse of 
incumbency, uneven voter registration, manipulation of vote counting, 
and partisan action by the National Electoral Commission (NEC). There 
also were reports of voter coercion by party bosses and traditional 
leaders.
    In May, the first local elections in 32 years were held. 
International and domestic monitors judged them free and fair at the 
time; however, shortly after the election, there was clear evidence of 
electoral fraud by the SLPP in Koya III District. Well after the 
completion of the elections, evidence of widespread electoral fraud by 
both the SLPP and the All People's Congress also emerged.
    On September 3, NEC Chairman Eugene Davies resigned, citing 
political interference by the Government in the functioning of the NEC, 
tampering with the local election results by the SLPP, and inadequate 
terms and conditions of work. The NEC was created in 2002 and is 
independent from the Government.
    Only citizens can vote, and the Citizenship Act restricts the 
acquisition of citizenship at birth to persons of ``patrilineal Negro-
African descent.'' Since legal requirements for naturalization 
effectively denied citizenship to many long-term residents, a large 
number of persons of Lebanese ancestry, who were born and resided in 
the country, could not vote (see Section 5). While a small percentage 
of the Lebanese population had been naturalized and did vote, others 
insisted that naturalization was second-class citizenship and rejected 
it.
    Corruption in the executive and legislative branches was very 
common, according to some senior government officials, and the public 
strongly resented that government officials were widely assumed to 
divert public funds for private use. The President publicly supported 
the Anti-Corruption Commission (ACC), established in 2001. At year's 
end, the ACC had 135 corruption cases under investigation, had won 13 
corruption cases, and had secured indictments against 6 high-level 
officials.
    There were 16 women in the 112-seat Parliament, 3 women in the 
Cabinet, and 1 on the Supreme Court. A significant number of women were 
employed as civil servants.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    A number of domestic and international human rights groups 
generally operated with few government restrictions, investigating and 
publishing their findings on human rights cases. Government officials 
generally were cooperative and responsive to their views.
    The National Forum for Human Rights (NFHR) served as an umbrella 
organization for human rights groups in the country. There were 41 
human rights NGOs registered with the NFHR by year's end, and all 
reportedly were active. The majority of domestic human rights NGOs 
focused on human rights education, while only a few NGOs actively 
monitored and reported human rights abuses. The Campaign for Good 
Governance oversaw widespread monitoring activities.
    Human rights monitors traveled freely throughout the country. 
Intensive reporting, data collection, and investigations continued in 
formerly rebel-held areas. Representatives of various international 
NGOs, foreign diplomats, the ICRC, and U.N. human rights officers were 
able to monitor trials and to visit prisons and custodial facilities 
during the year.
    UNAMSIL had eight provincial human rights offices in addition to 
the UNAMSIL Human Rights Section in Freetown, which conducted training, 
monitoring, reporting, and advocacy throughout the year. During 2003, 
the UNAMSIL Human Rights Section led a campaign to establish a National 
Human Rights Commission as mandated by the 1999 Lome Peace Accord. At 
year's end, legislation regarding the Commission's mandate had been 
passed, but the commission members had not been appointed.
    The SCSL, the U.N.-Sierra Leone war crimes tribunal established in 
2002 to try those who ``bear the greatest responsibility for the 
commission of crimes against humanity, war crimes, and serious 
violations of international humanitarian law,'' indicted 13 persons in 
2003: Former RUF leader Foday Sankoh; Sam ``Maskita'' Bockarie, 
Sankoh's deputy; RUF commander Morris Kallon; AFRC commander Akex Tamba 
Brima ; RUF and AFRC/RUF commander Issa Sesay; CDF leader Sam Hinga 
Norman; AFRC commander Brima Kamara (AKA Bazzy); AFRC leader Santigie 
Kanu (AKA Five-Five); AFRC leader Johnny Paul Koroma (AKA JPK); RUF 
commander Augustine Gbao; Kamajor leader Allieu Kondewa; Kamajor leader 
Moinina Fofana; and former Liberian President Charles Taylor. Four of 
the 13 were not in custody at year's end: Sankoh, who died in July 2003 
from a pulmonary embolism while in custody; Bockarie, who was killed in 
May 2003 in Liberia; Taylor, who was exiled to Nigeria in 2003; and 
Koroma, who escaped from police custody in January 2003 and remained at 
large. All of those indicted were charged with crimes against humanity, 
violations of Article 3 common to the Geneva Conventions and of 
Additional Protocol II, and other serious violations of international 
humanitarian law. Specific charges included murder, rape, 
extermination, acts of terror, sexual slavery, conscription of children 
into an armed force, attacks on U.N. peacekeepers, and looting and 
burning of homes from 1997 to 1999.
    Trials for CDF leaders Norman, Fofana, and Kondewa began in June, 
and trials for RUF leaders Sesay, Kallon, and Gbao began in July. They 
were ongoing at year's end.
    On October 5, the TRC, established in 2002 to provide a forum for 
publicly airing the grievances of victims and the confessions of 
perpetrators from the civil war, released its final report. The report 
contained a separate child-friendly version, since children played such 
a large role as both victims and perpetrators of violence during the 
war. The report concluded that years of bad governance, endemic 
corruption, and denial of basic human rights created the conditions 
that made the conflict inevitable. The Commission offered a number of 
recommendations on legal, political, and administrative reforms, but, 
by year's end, the Government had taken no concrete action. By the time 
the TRC's hearings were concluded in July, approximately 10,000 
citizens had participated in the process.
    The U.N. and numerous NGOs, both domestic and international, 
continued to educate and sensitize the population about the TRC and the 
SCSL, and the Government supported these efforts.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The Constitution prohibits discrimination against women and 
provides for protection against discrimination on the basis of race and 
ethnicity; however, the Government did not enforce these provisions 
effectively.

    Women.--Domestic violence against women, especially wife beating, 
was common. The police were unlikely to intervene in domestic disputes 
except in cases involving severe injury or death. In rural areas, 
polygyny was common. Women suspected of marital infidelity often were 
subjected to physical abuse; frequently, women were beaten until they 
divulged the names of their partners. Because husbands could claim 
monetary indemnities from their wives' partners, beatings often 
continued until the woman named several men even if there were no such 
relationships. There also were reports that women suspected of 
infidelity were required to undergo animistic rituals to prove their 
innocence.
    Rape was recognized as a societal problem and was punishable by up 
to 14 years' imprisonment. There were reports that some women and girls 
abducted during the war remained with their captors due to intimidation 
and a lack of options. There also were reports of the sexual abuse of 
refugees in refugee camps (see Section 2.d.). Cases of rape were 
underreported, and indictments were rare, especially in rural areas. 
Medical or psychological services for rape victims were very limited. 
Rape victims were required to obtain a medical report to file charges; 
however, government doctors charged $20 (approximately 50,000 Leones) 
for such an exam, which was prohibitively expensive for most victims. 
Human rights monitors urged the Government to eliminate or lower the 
cost of medical reports. The International Rescue Committee (IRC) 
expanded its operations since 2003; by year's end, it ran centers in 
Freetown, Kenema, and Kono to perform medical examinations and provide 
counseling for victims of sexual assault. The IRC also conducted 
workshops in Kono, Freetown, Kailahun, Kenema, and Bo.
    FGM was practiced widely at all levels of society, although with 
varying frequency. The less severe form of excision was practiced. 
UNICEF and other groups estimated that 80 to 90 percent of women and 
girls had undergone the practice; however, some local groups believed 
that this figure was overstated. FGM was practiced on girls as young as 
5 years old. No law prohibits FGM. Although a number of NGOs worked to 
eradicate FGM and to inform the public about its harmful health 
effects, active resistance by women's secret societies, in which FGM 
commonly occurred as part of initiation rites, countered efforts to 
stop the practice.
    In August, a secondary student died from complications derived from 
a female circumcision. Police completed an investigation but, by year's 
end, no indictments had been filed.
    During the year, the Director of Public Prosecutions filed charges 
against the 10 women arrested in 2002 in connection with the death of a 
14-year-old girl following an FGM rite. The trial continued at year's 
end.
    Prostitution was widespread and not prohibited by law; however, 
prostitutes sometimes were arrested and charged with loitering or 
vagrancy. Many women and girls, particularly those displaced from their 
homes and with few resources, resorted to prostitution as a means to 
support themselves and their children.
    The Constitution provides for equal rights for women; however, in 
practice, women faced both legal and societal discrimination. In 
particular, their rights and status under traditional law varied 
significantly depending upon the ethnic group to which they belonged. 
All women born in the Western Area, which is governed by General Law, 
had a statutory right to own property in their name. Some women born in 
the provinces, which are governed by customary laws that vary from 
chiefdom to chiefdom, did not. In the Temne tribe, women could not 
become paramount chiefs; however, in the Mende tribe, there were 
several female paramount chiefs. Women did not have equal access to 
education, economic opportunities, health facilities, or social 
freedoms. In rural areas, women performed much of the subsistence 
farming and had little opportunity for formal education.
    In September, the Deputy Minister of Education formally recognized 
a study conducted by the British Council, which revealed that girls 
were being denied an education more often than boys and that 
traditional beliefs were keeping women confined to the household.
    Women were active in civic and philanthropic organizations. 
Domestic NGOs, such as 50/50 and Women's Forum, raised awareness of 
gender equality and women's issues, and they encouraged women to enter 
politics as candidates for Parliament.

    Children.--The Government was committed to improving children's 
education and welfare; however, it lacked the means to provide them 
with basic education and health services. The Ministry of Social 
Welfare, Gender, and Children's Affairs had primary responsibility for 
children's issues.
    The law requires school attendance through primary school; however, 
only 42 percent of school-aged children were enrolled in school, 
according to UNICEF. Schools, clinics, and hospitals throughout the 
country were looted and destroyed during the 11-year insurgency, but, 
by year's end, the majority had been rebuilt. A large number of 
children received little or no formal education. Formal and informal 
fees largely financed schools, but many families could not afford to 
pay the fees. The average educational level for girls was markedly 
below that of boys, and only 6 percent of women were literate. At the 
university level, male students predominated.
    FGM was performed commonly on girls (see Section 5, Women).
    Child prostitution was a problem (see Section 5, Trafficking). To 
address the issue of child prostitution in the capital, the Freetown 
City Council introduced a regulation that would bar minors from 
nightclubs, a common venue for commercial sex transactions.

    Trafficking in Persons.--During the year, Parliament passed 
legislation that prohibited trafficking in persons; however, there were 
reports that persons were trafficked from and within the country.
    The country was one of origin, transit, and destination for 
international trafficked persons. The majority of victims were women 
and children. There was no quantitative study on trafficking, and no 
specific figures existed on the number of persons trafficked. Children 
were trafficked from the provinces to work in the capital as laborers 
and commercial sex workers and to diamond areas for labor and sex work. 
Persons were trafficked from neighboring countries for domestic and 
street labor and for commercial sex work. Persons were trafficked out 
of the country to destinations in West Africa, including Nigeria, Cote 
d'Ivoire, Guinea, and Guinea-Bissau for labor and sex work. Persons 
were also trafficked to Lebanon, Europe, and North America. The country 
served as a transit point for persons from West Africa and possibly the 
Middle East.
    In an effort to combat the trafficking of persons into the sex 
trade, government authorities became more vigilant in their efforts to 
close brothels, which were perceived as perpetuating trafficking. The 
Government also began to publicize trafficking issues through 
government-sponsored radio programs and official statements in the 
press.
    The SLP takes the lead on trafficking issues. The Government worked 
closely with NGOs on trafficking-related issues to develop training 
programs but was hampered by a lack of resources and an incomplete 
understanding of the problem. The Government supported prevention 
programs, including children's education and women's business 
initiatives.

    Persons With Disabilities.--There was no government policy or 
program directed particularly at persons with disabilities. No law 
mandates accessibility to buildings or provides assistance to persons 
with disabilities. Public facility access and discrimination against 
persons with disabilities were not considered public policy priorities. 
There was no outright discrimination against persons with disabilities 
in housing or education; however, given the high rate of general 
unemployment, work opportunities for persons with disabilities were 
few. A few private agencies and organizations provided job training for 
persons with disabilities.
    Despite the prevalence of those disabled by polio, there was little 
government assistance to this group. For example, in September, the SLP 
evicted without notice residents at a facility for polio victims.
    Some of the numerous individuals maimed in the fighting, or who had 
their limbs amputated by rebel forces, received special assistance from 
various local and international humanitarian organizations. Such 
programs involved reconstructive surgery, prostheses, and vocational 
training to help victims acquire new work skills; however, amputees 
complained that they did not receive sufficient assistance compared to 
ex-combatants, who received assistance through the demobilization 
process.

    National/Racial/Ethnic Minorities.--The ethnically diverse 
population consisted of at least 13 ethnic groups that all spoke 
distinct primary languages and were concentrated outside urban areas; 
however, all ethnic groups besides the Krio used Krio as a second 
language. Little ethnic segregation was apparent in urban areas, and 
interethnic marriage was common. The two largest ethnic groups were the 
Temne in the North and the Mende in the South. Each of these groups was 
estimated to make up approximately 30 percent of the population. There 
were reports of interethnic tension.
    Ethnic loyalty remained an important factor in the Government, the 
armed forces, and business. Complaints of ethnic discrimination in 
government appointments, contracts, military commissions, and 
promotions were common.
    Residents of non-African descent faced institutionalized political 
restrictions (see Section 3). Legal requirements for naturalization, 
such as continuous residence in the country for 15 years, or the past 
12 months and 15 of the previous 20 years, effectively denied 
citizenship to many locally born residents, notably members of the 
Lebanese community.

    Other Societal Abuses and Discrimination.--On October 5, a 
prominent gay activist was killed in her office. Media reports 
initially indicated that she was raped repeatedly, stabbed, and her 
neck broken. International human rights groups identified the killing 
as a possible hate crime. Police investigators were investigating the 
case at year's end; however, initial investigation suggested that the 
victim died of asphyxia and that there was no evidence of rape or 
stabbing. The primary suspect in the case was a recently dismissed 
domestic employee, who was also being investigated for theft. At year's 
end, the former employee's case was before the court.
Section 6. Worker Rights
    a. The Right of Association.--The Constitution provides for the 
right of association, and, in practice, workers had the right to join 
independent trade unions of their choice. Police and members of the 
armed services were prohibited from joining unions. Approximately 30 to 
60 percent of the workers in the formal sector in urban areas, 
including government workers, were unionized, but attempts to organize 
agricultural workers and mineworkers have met with little success. All 
labor unions generally joined the Sierra Leone Labor Congress (SLLC), 
but membership was voluntary. There were no reliable statistics on 
union membership.
    The law does not prohibit antiunion discrimination against workers 
or employer interference in the establishment of unions; however, there 
were no reports of such cases during the year. An employee fired for 
union activities could file a complaint with a labor tribunal and seek 
reinstatement. Complaints of discrimination against trade unions were 
made to a tribunal.

    b. The Right to Organize and Bargain Collectively.--The Regulation 
of Wages and Industrial Relations Act provides the legal framework for 
collective bargaining, and the Government protected this right in 
practice. Collective bargaining must take place in trade group 
negotiating councils, each of which had an equal number of employer and 
worker representatives. Most enterprises were covered by collective 
bargaining agreements on wages and working conditions. The SLLC 
provided assistance to unions in preparations for negotiations; in the 
case of a deadlock, the Government could intervene. Although most cases 
involving industrial issues continued to go through the normal court 
system, the Industrial Court for Settlement of Industrial Disputes 
heard approximately 10 cases during the year.
    There are no export processing zones.
    Workers had the right to strike, although the Government could 
require 21 days' notice; workers exercised this right in practice.
    No law prohibits retaliation against strikers, even for a lawful 
strike; however, the Government did not take adverse action against the 
employees and paid some of them back wages.

    c. Prohibition of Forced or Compulsory Labor.--The Constitution 
prohibits forced and compulsory labor, including by children; however, 
forced labor remained a problem (see Section 6.d.). Under the 
Chiefdom's Council Act, individual chiefs may impose forced labor as 
punishment, and have done so in the past. They also may require members 
of their villages to contribute to the improvement of common areas, a 
practice that occurred only in rural areas. There is no penalty for 
noncompliance. There were reports of bonded labor in rural areas, and 
debt bondage was common among the thousands of alluvial diamond diggers 
and miners.
    Unlike in the previous year, there were no reports that Liberian 
forces used persons for forced labor.

    d. Prohibition of Child Labor and Minimum Age for Employment.--
During the year, the Government took important steps to create legal 
protections against the worst forms of child labor; however, child 
labor was a problem. The Government drafted omnibus domestic 
legislation to combat child labor modeled on the U.N.'s International 
Bill of Rights for Children; however, the draft was not put before 
Parliament at year's end. The Ministry of Mineral Resources enforced 
regulatory prohibitions against the worst forms of child labor. The 
ministry also was charged with protecting children in the country's 
vulnerable diamond mining areas; however, enforcement was not always 
effective.
    Moreover, UNICEF worked closely with the Government to execute 
successfully its own post-war reintegration plan in which 98 percent of 
registered displaced children, that is, child soldiers, were returned 
to their homes.
    Nevertheless, child labor remained a problem due to strong 
traditions.
    Children routinely assisted in family businesses and worked as 
petty vendors. Adults employed a large number of street children to 
sell, steal, and beg. In rural areas, children worked seasonally on 
family subsistence farms. Hundreds of children, including some who were 
10 years old and younger, mined in alluvial diamond fields, working for 
relatives. Because the adult unemployment rate remained high, few 
children were involved in the industrial sector or the formal economy.
    Foreign employers hired children to work as domestic laborers 
overseas at extremely low wages and in poor conditions. The Department 
of Foreign Affairs and International Cooperation was responsible for 
reviewing overseas work applications to see that no one under the age 
of 14 was employed for this purpose; however, the reviews were 
ineffective.
    The Constitution prohibits forced and bonded labor by children; 
however, such practices continued to exist. Unlike last year, there 
were no reports of bonded labor by children in rural areas or that 
former RUF commanders forced children to mine diamonds. There were 
reports that children whose parents sent them to friends or relatives 
for education in urban areas were forced to work on the street. There 
also were reports that adults asked orphanages for children to be used 
as household help.
    During the year, the Government made some progress in the areas of 
prevention and law enforcement related to impermissible child labor. 
Relevant government agencies facilitated the efforts of World Vision, 
an NGO that conducts reintegration programs for child laborers. In a 
national effort, World Vision registered 389 child prostitutes in 
Freetown and between 1,400 to 2,000 child miners in Kono, all of whom 
then had access to the NGO's services.

    e. Acceptable Conditions of Work.--In December, the Government 
raised the minimum wage from approximately $9 (21,000 Leones) per month 
to approximately $16 (40,000 Leones) per month; this was the first 
adjustment in the minimum wage since 1997. The minimum wage did not 
provide a decent standard of living for a worker and family. Most 
workers supported an extended family, often including relatives who 
were displaced by the insurgency in the countryside. It was common to 
pool incomes and to supplement wages with subsistence farming and child 
labor (see Section 6.d.).
    Although not stipulated by law, the standard workweek was 40 hours 
(60 hours for security personnel). Employers negotiated work hours with 
employees at the time of hire, and overtime was to be paid if an 
employee's workweek exceeded that figure.
    Although the Government set health and safety standards, it lacked 
the funding to enforce them properly. Trade unions provided the only 
protection for workers who filed complaints about working conditions. 
Initially, a union could make a formal complaint about a hazardous 
working condition; if this complaint was rejected, the union could 
issue a 21-day strike notice. If workers were to remove themselves from 
dangerous work situations without making a formal complaint, they 
risked being fired.
    The law protects both foreign and domestic workers; however, there 
were fewer protections for illegal foreign workers.

                               __________

                              SOMALIA \1\
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    \1\ The United States does not have diplomatic representation in 
Somalia. This report draws in part on non-U.S. Government sources.
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    Somalia has been without a central government since its last 
president, dictator Mohamed Siad Barre, fled the country in 1991. In 
2000, the Djibouti Conference, made up of local and regional leaders, 
established a Transitional National Government (TNG) and selected a 
245-member Transitional National Assembly (TNA), which elected 
Abdiqassim Salad Hassan as Transitional President. Administrations in 
the northwest (Somaliland) and northeast (Puntland) of the country did 
not recognize the results of the Djibouti Conference, nor did several 
Mogadishu-based factional leaders. Since October 2002, the Inter-
Governmental Authority for Development (IGAD) has sponsored the Somalia 
National Reconciliation Conference (SNRC), which was led by Kenya in 
association with Ethiopia, Djibouti, Eritrea, and Uganda. 
Representatives of the self-declared Republic of Somaliland did not 
participate in the SNRC; however, all other major political and 
military leaders attended the conference, as well as elders, religious 
leaders, and members of civil society. The SNRC concluded in October, 
following the August 29 selection of a 275-member clan-based 
Transitional Federal Assembly (TFA), which replaced the TNA, and the 
October 10 election of Abdullahi Yusuf Ahmed as Transitional Federal 
President. In December, Yusuf Ahmed appointed Ali Mohammed Ghedi as 
Prime Minister. All transitional institutions, which were based in 
Kenya, had 5-year terms. During the year, the TFA adopted but did not 
implement the Transitional Federal Charter, which replaced the 1990 
Constitution; however, for the many issues about which the Charter is 
silent, the Constitution still applies. There is no national judicial 
system.
    In the northwest, the self-declared Republic of Somaliland 
continued to proclaim its independence within the borders of former 
British Somaliland but did not have international recognition. 
Somaliland's Government included a parliament, a functioning civil 
court system, executive departments organized as ministries, six 
regional governors, and municipal authorities in major towns. 
Presidential elections, deemed credible and significantly transparent, 
were held in April 2003 and resulted in a close victory for the ruling 
United People's Democratic Party (UDUB).
    Leaders in the northeast proclaimed the formation of the State of 
Puntland in 1998. In 2001, traditional elders elected Jama Ali Jama as 
the President of Puntland. Yusuf refused to accept the elders' 
decision, and he seized by force the town of Garowe, reportedly with 
Ethiopian support. In 2002, President Yusuf seized Bosasso and 
controlled Puntland in general. In addition to Yusuf's and Jama's 
competing claims on the Puntland presidency, General Adde Musse in 2003 
attempted to seize Puntland with Somaliland support. After intensive 
mediation efforts by traditional elders, Musse reconciled with Yusuf, 
and the two shared power. With the October election of Yusuf as 
Transitional Federal President, Puntland Vice President Mohammed Abdi 
Hashi succeeded as interim President until January 8, when the Puntland 
Parliament elected General Adde Musse as President.
    During the year, serious inter-clan and intra-clan fighting 
continued in the central regions of Hiran and Middle Shabelle, the 
southern regions of Bay, Bakol, Gedo, Lower Shabelle, Middle Juba, 
Lower Juba, and in Mogadishu. Infighting among factions of the 
Rahanweyn Resistance Army (RRA), which controlled Bay and Bakol, 
continued as RRA leaders fought to assert control over Baidoa. No group 
controlled more than a fraction of the country's territory.
    Clan and factional militias, in some cases supplemented by local 
police forces, continued to function with varying degrees of 
effectiveness throughout the country. Police and militia members 
committed numerous, serious human rights abuses throughout the country.
    The country's population was estimated to be 8.3 million. The 
country was very poor with a market-based economy in which most of the 
work force was employed as subsistence farmers or nomadic herders. 
Drought, floods, ethnic fighting, the Indian Ocean tsunami, and the 
displacement of more than 400,000 persons exacerbated the country's 
already extremely poor economic situation. Unemployment and 
malnutrition were widespread. The livestock ban imposed by Saudi Arabia 
continued in effect at year's end.
    The country's human rights record remained poor, and serious human 
rights abuses continued. Citizens did not have the right to change 
their government because of the absence of an established central 
authority. Politically motivated killings occurred, and numerous 
civilians were killed in factional fighting. Kidnapping remained a 
problem. Prison conditions remained harsh and life threatening. 
Arbitrary arrest and detention remained problems. Impunity was a 
problem. In most regions, the judicial system relied on some 
combination of traditional and customary justice, Shari'a (Islamic) 
law, and the pre-1991 Penal Code. Citizens' privacy rights were 
limited. There were restrictions on freedom of speech, press, assembly, 
association, religion, and movement. Violence and discrimination 
against women, including the nearly universal practice of female 
genital mutilation (FGM), continued. Abuse of children remained a 
problem. Abuse and discrimination against clan and religious minorities 
in the various clan regions persisted. There was no effective system 
for the protection of workers' rights, and there were isolated areas 
where local gunmen forced minority group members to work for them. 
Child labor and trafficking in persons remained problems.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Arbitrary or Unlawful Deprivation of Life.--Political violence 
and banditry have been endemic since the 1991 collapse of the central 
government and the Siad Barre regime. Since that time, tens of 
thousands of persons, mostly noncombatants, have died in inter-
factional and inter-clan fighting. The vast majority of killings during 
the year resulted from clashes between militias or from unlawful 
militia activities; several occurred during land disputes, and a small 
number involved common criminal activity. Numerous killings continued 
as a result of inter-clan and intra-clan fighting between the following 
groups: The RRA sub-factions in Bay and Bakol regions; the Somali 
National Front sub-factions in north Gedo; the Awlyahan and Bartire 
sub-clans in Buale; the Dir and Habargidir sub-clans in Galkacyo; the 
Dir and Marehan sub-clans in Galgudud; the former TNG and gunmen in 
Mogadishu; Abgal intra-clan fighting in and around Jowhar; Habar Gidir 
intra-clan fighting in Mudug; Puntland's forces and those of Somaliland 
in the disputed regions of Sool and Sanaag; and General Mohammed Said 
Hersi Morgan's Somali Patriotic Movement and those of the Juba Valley 
Alliance in Kismayu.
    During the year, hundreds of civilians were killed, mostly by 
militia members. For example, on February 29, fighting between Marehan 
and Dir militiamen in Herale village in Galgudud resulted in 12 deaths 
and numerous injuries; the fighting reportedly was triggered by the 
April 2003 killing of a Marehan businessman by Dir clansmen. In May, 
fighting in Mogadishu between 2 militias from the same clan who were 
loyal to 2 separate businessmen resulted in more than 100 civilian 
deaths, hundreds of injuries, and thousands of internally displaced 
persons (IDPs). On September 22 and October 29, fighting between 
Somaliland and Puntland forces in the disputed Sool and Sanag regions 
resulted in more than 200 deaths. Between December 1 and 6, factional 
fighting in Gelinsor town in Mudug resulted in approximately 100 
deaths, numerous injuries, and thousands of IDPs.
    No action was taken against the responsible members of the security 
forces or militias who committed killings in 2002 and 2003.
    There were landmines throughout the country; however, statistics on 
the number of deaths caused by landmines were not available at year's 
end. According to the NGO Geneva Call, 40 persons were killed by 
landmines in 2003.
    Attacks against humanitarian and NGO workers resulted in at least 
two deaths during the year (see Section 4). There were no further 
developments in the investigations into the 2003 killings of four 
humanitarian and NGO workers.
    During the year, there were several apparently politically 
motivated killings by unknown assailants. In each case, the victim had 
made statements in support of the deployment of international 
peacekeeping forces to the country to facilitate the relocation of the 
Transitional Federal Government (TFG) from Kenya to Mogadishu, a 
proposal opposed by various armed groups: Some preferred the protection 
of individual cabinet members' militias to the imposition of foreign 
forces, particularly those drawn from neighboring countries; other 
groups were believed to be allied with domestic Islamist groups opposed 
to any central government. On November 5, in Mogadishu, unknown gunmen 
shot former General Mohamed Abdi Mohamed, who died from his injuries on 
November 9. On November 9, two masked men shot and killed Mohammed 
Hassan Takow as he walked from a mosque to his home; Takow was the 
personal assistant to warlord Mohammed Dere. During the year, four 
other former senior military commanders from the Siad Barre regime who 
publicly supported the deployment of peacekeepers were shot and killed. 
No suspects had been identified in these cases or in other politically 
motivated cases from previous years.
    Inter-clan fighting resulted in numerous deaths during the year. 
For example, inter-clan fighting during May and June in Bulo Hawa 
resulted in approximately 60 deaths, numerous injuries, and more than 
3,000 IDPs. Among the dead was Mohammed Hassan Ali, a prominent local 
doctor, and seven children killed when a bomb they had found exploded. 
On August 14, 17 persons were killed and more than 30 others injured as 
a result of fighting between the Luway and Dabarre sub-clans of the 
Digil-Mirifle clan in Tuger Hosle village, Dinsor. There were no 
developments in the reported killings due to inter-clan fighting in 
2003 and 2002.

    b. Disappearance.--There were no reports of politically motivated 
disappearances, although cases easily might have been concealed among 
the thousands of refugees and displaced persons.
    During the year, there were numerous kidnappings by militia groups 
and armed assailants who demanded ransom for hostages. The Dr. Ismael 
Jumale Human Rights Center (DKJHRC) reported that at least 200 
abductions occurred in Mogadishu during the year. For example, on 
October 31, gunmen kidnapped a businessman in Mogadishu and demanded a 
ransom of $25,000 (385 million shillings); the businessman was released 
after negotiations between his family and elders representing the 
kidnappers.
    There were no investigations or action taken against the 
perpetrators of kidnappings that occurred during the year, in 2003, or 
in 2002.

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The unimplemented Transitional Federal Charter prohibits 
torture, and the Puntland Charter prohibits torture ``unless sentenced 
by Islamic Shari'a courts in accordance with Islamic law''; however, 
there were some reports of the use of torture by the Puntland and 
Somaliland administrations and warring militiamen against each other or 
against civilians. Observers believed that many incidents of torture 
were not reported. Prison guards beat inmates in prison.
    On August 15, in Hargeisa, Somaliland police arrested and detained 
16-year-old Zamzam Ahmed Dualeh and Omar Jama Warsame, her taxi driver, 
on espionage charges; both allegedly were beaten in detention, and 
Dualeh claimed that six policemen tortured and raped her. The 
Government charged that Dualeh, who was arrested at the home of Vice 
President Ahmed Yusuf Yasin, was trying to obtain secret information 
about Yasin; Dualeh claimed that she had mistaken the Vice President's 
home for that of a deputy minister, who she claimed was a relative. On 
December 15, Dualeh was tried as an adult without legal representation 
and sentenced to 5 years' imprisonment. The four attorneys retained by 
local human rights activists to represent Dualeh were detained and 
sentenced to 4 years' imprisonment after they asked the judge to 
withdraw from the case due to alleged bias; on December 11, the 
attorneys were released on appeal after they paid a fine. Human rights 
groups, including Amnesty International, petitioned the Government to 
release Dualeh or retry her as a juvenile with legal representation. 
Somaliland President Dahir Rayale Kahin Dualeh subsequently 
``pardoned'' Dualeh, who was released on December 12.
    Security forces, police, and militias also injured persons during 
the year. Acts of violence, including several killings, continued 
against supporters or members of the new TFG (see Section 1.a.).
    There continued to be reports of rapes, largely committed by 
militia members; the DIJHRC reported 31 such cases in 2003. In a 
November 16 press release, the Mogadishu-based Somali Young Women 
Activists reported that former TNG militiamen displaced, robbed, and 
sexually assaulted the members of more than 20 families in the Lower 
Shabelle region. There continued to be reports of rapes of Somali women 
and girls in refugee camps in Kenya during the year. The majority of 
the rapes were perpetrated by Somali bandits who crossed over the 
border; a small number of the rapes were committed by Kenyan security 
forces and police. During the year, there were 16 reported rapes and 9 
defilements of Somali refugees in Kenyan refugee camps, according to 
the U.N. High Commissioner for Refugees (UNHCR). The rapes usually 
followed looting attacks by bandits and occurred when women and girls 
left the camps to herd goats or collect firewood or at night when 
bandits entered the refugee camps. Many of the rapes reportedly 
resulted in pregnancies.
    There were several attacks on humanitarian and NGO workers by 
militia and other groups, which resulted in deaths and injuries (see 
Section 4).
    No action reportedly was taken against TNG, Somaliland, and 
Puntland forces, warlord supporters, or members of militias responsible 
for torturing, beating, raping, or otherwise abusing persons in 2003 or 
2002.
    Although reliable statistics were not available, a large number of 
persons were killed and injured as a result of inter-factional and 
inter-clan fighting (see Section 1.a.).
    Prison conditions remained harsh and life threatening. Hareryale, a 
prison built to hold 60 inmates, reportedly held hundreds of prisoners 
during the year, including children. Overcrowding, poor sanitary 
conditions, a lack of access to adequate health care, and an absence of 
education and vocational training persisted in prisons throughout the 
country. Tuberculosis was widespread. Abuse by guards reportedly was 
common in many prisons. The detainees' clans generally paid the costs 
of detention. In many areas, prisoners were able to receive food from 
family members or from relief agencies. Ethnic minorities made up a 
disproportionately large percentage of the prison population.
    Men and women generally were held separately; however, juveniles 
frequently were held with adults in prisons. A major problem continued 
to be the incarceration of juveniles at the request of families who 
wanted their children disciplined. Pretrial detainees and political 
prisoners were held separately from convicted prisoners.
    The Puntland Administration permitted prison visits by independent 
monitors. Somaliland authorities permitted prison visits by independent 
monitors, and such visits occurred during the year. The DIJHRC visited 
prisons in Mogadishu during the year.

    d. Arbitrary Arrest or Detention.--In the absence of constitutional 
or other legal protections, various factions continued to engage in 
arbitrary detention.
    Corruption within the various police forces was endemic. Police 
forces throughout the country engaged in politics. The former TNG had a 
3,500-officer police force and a militia of approximately 5,000 
persons. In Somaliland, more than 60 percent of the budget was 
allocated to maintain a militia and police force composed of former 
troops. Abuses by police and militia members were rarely investigated, 
and impunity was a problem.
    On August 15, Somaliland police arbitrarily arrested, detained, and 
allegedly tortured a 16-year-old girl (see Section 1.c.).
    Authorities in Puntland and Somaliland arrested journalists during 
the year (see Section 2.a.).
    On September 18, gunmen from the Puntland town of Eyl boarded a 
Yemeni ship in the Indian Ocean, detained the crew, and demanded money; 
there were unconfirmed reports that the ship was carrying arms. After 
Puntland authorities sent a group of elders to meet with the community 
of Eyl and to negotiate with the gunmen, the crew was released; no 
action was taken against the gunmen.

    e. Denial of Fair Public Trial.--The unimplemented Transitional 
Federal Charter provides for an independent judiciary; however, there 
is no national judicial system. The Charter also provides for a High 
Commission of Justice, a Supreme Court, a Court of Appeal, and courts 
of first reference. Some regions established local courts that depended 
on the predominant local clan and associated factions for their 
authority. The judiciary in most regions relied on some combination of 
traditional and customary law, Shari'a, the Penal Code of the pre-1991 
Siad Barre Government, or some elements of the three. For example, in 
Bosasso and Afmadow, criminals were turned over to the families of 
their victims, who then exacted blood compensation in keeping with 
local tradition. Under the system of customary justice, clans often 
held entire opposing clans or sub-clans responsible for alleged 
violations by individuals.
    There were three functioning Shari'a-based entities--one in the 
Daynile area and two in the Beledweyne area; however, both largely 
acted as administrative units, not courts.
    The Somaliland Constitution provides for an independent judiciary; 
however, the judiciary was not independent in practice. Although 
Somaliland has a Constitution based on democratic principles, it 
continued to use the pre-1991 Penal Code. There was a serious lack of 
trained judges and of legal documentation in Somaliland, which caused 
problems in the administration of justice. Untrained police and other 
persons reportedly served as judges.
    The Puntland Charter has been suspended since the infighting 
between Abdullahi Yusuf and Jama Ali Jama began in 2001. The Charter 
provides for an independent judiciary; however, the judiciary was not 
independent in practice. The Puntland Charter also provides for a 
Supreme Court, courts of appeal, and courts of first reference. In 
Puntland, clan elders resolved the majority of cases using traditional 
methods; however, those with no clan representation in Puntland were 
subject to the Administration's judicial system.
    The unimplemented Transitional Federal Charter provides for the 
right to be represented by an attorney. The right to representation by 
an attorney and the right to appeal did not exist in those areas that 
apply traditional and customary judicial practices or Shari'a. These 
rights more often were generally respected in regions that continued to 
apply the former government's Penal Code, such as Somaliland and 
Puntland; however, during the year, Somaliland police tried a 16-year-
old girl as an adult, denied her legal representation, and sentenced 
her to 5 years' imprisonment (see Section 1.d.).
    There were no reports of political prisoners.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The unimplemented Transitional Federal Charter 
provides for the sanctity of private property and privacy; however, 
looting and forced entry into private property continued in Mogadishu, 
although on a smaller scale than in previous years. The Puntland 
Charter and the Somaliland Constitution recognize the right to private 
property; however, authorities generally did not respect this right in 
practice.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The unimplemented Transitional 
Federal Charter and the Somaliland Constitution provide for freedom of 
speech and the press; however, there were incidents of harassment, 
arrest, and detention of journalists in all areas of the country, 
including Puntland and Somaliland. The Puntland Charter provides for 
freedom of the press ``as long as they respect the law''; however, this 
right was not respected in practice.
    A law requires all media to register with the Minister of 
Information and imposes penalties for false reporting; however, the law 
had not been enforced by year's end. Critics alleged that if enforced, 
the law would provide authorities with censorship powers.
    The print media consisted largely of short, photocopied dailies, 
published in the larger cities and often linked to one of the factions. 
Several of these newspapers nominally were independent and criticized 
faction leaders.
    Somaliland has two daily newspapers--one government and one 
independent. There also was an English language weekly newspaper.
    The majority of citizens obtained news from foreign news 
broadcasts, primarily the British Broadcasting Corporation, which 
transmitted a daily Somali-language program. The major faction leaders 
in Mogadishu, as well as the authorities of Somaliland, operated small 
radio stations. An FM station begun in 2002 by the TNG continued to 
operate. A radio station funded by local businesses operated in the 
south, as did several other smaller FM stations in various towns in 
central and southern parts of the country.
    Journalists were harassed during the year. For example, on January 
21, Puntland authorities in Garowe briefly detained Ali Bashi Mohammed 
Haji, a reporter from Radio Banadir, and Mohammed Sadak Abdu Guunbe, a 
reporter from Radio Shabelle, for allegedly sending sensitive political 
reports to their radio stations in Mogadishu; Puntland authorities 
later apologized.
    On April 21, Puntland authorities arrested Abdishakur Yusuf Ali, 
editor of the independent weekly War-Ogaal, after he published an 
article accusing Puntland Finance Minister Abdirahman Mohamud Farole of 
corruption in connection with food relief; on June 1, Ali was released.
    On August 31, the Republican Police in Somaliland arrested Hassan 
Said Yusuf, editor-in-chief of the independent Somali-language daily 
Jamhuuriya and its weekly English-language edition, for publishing 
false information; Yusef had published an article the previous day that 
criticized Somaliland's position on the SNRC talks in Kenya. On 
September 5, Yusuf was released on bail, and on October 4, he was 
acquitted of all charges.
    There were no further developments in the 2002 and 2003 cases in 
which journalists were harassed and arrested.
    In September 2003, Somaliland's information minister, Abdullahi 
Mohammed Duale, issued a statement banning independent television and 
radio stations in Somaliland, alleging that they posed a threat to 
national security; the ban remained in effect at year's end. Somaliland 
Television, which operated under a temporary license, was exempt from 
the ban.
    Authorities did not restrict access to the Internet.
    There were restrictions on academic freedom, and academicians 
practiced self-censorship. Abdi Samatar, a professor and vocal critic 
of the Somaliland administration, was banned from travel to Hargeisa, 
Somaliland, because of his academic research. In Puntland, academics 
were required to obtain a government permit before conducting academic 
research. There were two universities in Mogadishu, two in Somaliland, 
and one in Puntland; however, there was no organized higher education 
system in most of the country.

    b. Freedom of Peaceful Assembly and Association.--The unimplemented 
Transitional Federal Charter and the Somaliland Charter provide for 
freedom of assembly; however, the lack of security effectively limited 
this right in many parts of the country. The ban on demonstrations 
continued; however, demonstrations occurred throughout the country 
during the year. The Government of Somaliland banned political 
demonstrations following the closely contested April 2003 multiparty 
elections (see Section 3).
    The unimplemented Transitional Federal Charter provides for freedom 
of association; however, the Charter was not enforced during the year. 
The Puntland Charter provides for freedom of association; however, the 
Puntland Administration banned all political parties. The Somaliland 
Constitution provides for freedom of association, and this right was 
generally respected in practice. Legislation that governs the formation 
of political parties limits the number of political parties allowed to 
contest general elections to three. An ad hoc commission, nominated by 
the President and approved by the House of Representatives, was 
responsible for considering applications. The law provides that 
approved parties that win 20 percent of the vote in Somaliland 
elections would be allowed to operate. There were three approved 
parties operating after the April 2003 elections.
    Professional groups and local NGOs operated as security conditions 
permitted.

    c. Freedom of Religion.--There was no legal provision for the 
protection of religious freedom, and there were some limits on 
religious freedom. The unimplemented Transitional Federal Charter 
establishes Islam as the national religion. Some local administrations, 
including Somaliland and Puntland, have made Islam the official 
religion in their regions.
    Only Shafi'iyyah, a moderate Islamic doctrine followed by most 
citizens, is allowed in Puntland. Puntland security forces monitored 
religious activities very closely.
    Under the regulations in Somaliland, religious schools and places 
of worship are required to obtain the Ministry of Religion's permission 
to operate. The Ministry must approve entry visas for religious groups, 
and certain unspecified doctrines were prohibited. In Puntland, 
religious schools and places of worship must receive permission from 
the Ministry of Justice and Religious Affairs to operate; such 
permission was granted routinely.
    Proselytizing for any religion except Islam is prohibited by law in 
Puntland and Somaliland and effectively blocked by informal social 
consensus elsewhere in the country. Christian-based international 
relief organizations generally operated without interference, as long 
as they refrained from proselytizing.
    Non-Sunni Muslims often were viewed with suspicion by members of 
the Sunni majority. There was strong social pressure to respect Islamic 
traditions. Organized Islamic fundamentalist groups, whose goal was the 
establishment of an Islamic state, were actively engaged in the private 
sector and in political activities throughout the country.
    The small Christian community kept a low profile. Christians, as 
well as other non-Muslims who proclaimed their religion, sometimes 
faced societal harassment.
    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 unimplemented Transitional Federal 
Charter and the Puntland Charter provide for freedom of movement; 
however, this right continued to be restricted in some parts of the 
country. Checkpoints manned by militiamen loyal to one clan or faction 
inhibited passage by other groups. In the absence of a recognized 
national government, most citizens did not have the documents needed 
for international travel.
    In October, militiamen from the Juba Valley Alliance installed 
checkpoints in and around the town of Kismayu, prevented passage, and 
demanded tolls from travelers. In November, the checkpoints were 
removed after negotiations with local leaders.
    The law does not prohibit forced exile; however, none of the 
authorities used forced exile during the year.
    In December, the U.N. estimated that there were 400,000 IDPs in the 
country, most of them women and children. Of this number, approximately 
150,000 lived in Mogadishu, with another 15,000 in the southern port 
city of Kismayo, and the remainder scattered around the country. The 
majority of IDPs reportedly lived in old schools and former government 
buildings. The U.N. estimated that approximately 205,000 Somalis were 
living as refugees in neighboring countries.
    As security conditions continued to improve in many parts of the 
country, refugees and IDPs returned to their homes. According to UNHCR 
figures, 18,030 Somali refugees were repatriated during the year: 8,422 
were from Djibouti; 9,513 from Ethiopia, 78 from Kenya; 3 from Libya; 4 
from South Africa; and 10 from Yemen. Despite sporadic harassment, 
including the theft of humanitarian provisions from convoys by 
militiamen, repatriation generally took place without incident. In 
September 2003, the U.N. Independent Expert on Human Rights visited 
several IDP camps in Somaliland and found them among the worst he had 
visited. He reported that the camps were overcrowded, had poor 
sanitation, and there was little or no access to employment and 
education. No local, regional, or U.N. authorities have taken 
responsibility for the camps.
    The 1990 Constitution and unimplemented Transitional Federal 
Charter do not include provisions for the granting of asylum or refugee 
status in accordance with the definition in the 1951 U.N. Convention 
Relating to the Status of Refugees or its 1967 Protocol, and there was 
no official system for providing such protection; however, in practice, 
government authorities provided some protection against refoulement, 
the return of persons to a country where they feared persecution. The 
Government granted refugee status or asylum. A small number of 
Ethiopian refugees remained in the country, mostly in the northeast 
near Bosasso. The authorities in Somaliland have cooperated with the 
UNHCR and other humanitarian organizations in assisting refugees and 
asylum seekers.
    On July 15, an unidentified group of gunmen forced 172 Tanzanian 
refugees to vacate the camp in which they had lived since late 2001. By 
year's end, some of the Tanzanian refugees had voluntarily returned to 
their home country while approximately 100 others were scattered in 
Mogadishu.
    There were reports of rapes of Somali women and girls in refugee 
camps in Kenya (see Section 1.c.).
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    In the absence of a fully functioning central government, citizens 
cannot exercise the right to change their government. In most regions, 
local clan leaders functioned as de facto rulers. Although many such 
groups derived their authority from the traditional deference given 
clan elders, most faced opposition from clan groups and political 
factions.
    In 2000, the Djibouti Conference, made up of local and regional 
leaders, established the TNG and selected the 245-member TNA, which 
elected Abdiqassim Salad Hassan as Transitional President. 
Administrations in the northwest (Somaliland) and northeast (Puntland) 
of the country did not recognize the results of the Djibouti 
Conference, nor did several Mogadishu-based factional leaders.
    In 2002, in Eldoret, Kenya, the IGAD-sponsored SNRC convened more 
than 400 delegates representing all clans and a wide spectrum of 
political, military, and traditional leaders to form a new government; 
Somaliland did not join the conference. Early in 2003, the SNRC moved 
to Nairobi, where a transitional charter was adopted but subsequently 
contested by several factions. In September, the SNRC adopted the 
Transitional Federal Charter for a 5-year TFG, which replaced the TNG, 
and selected a 275-member TFA, which replaced the TNA. On October 10, 
the TFA elected Abdullahi Yusuf Ahmed, the former President of 
Puntland, as Transitional Federal President; Abdullahi Yusuf 
subsequently appointed Ali Mohammed Ghedi as Prime Minister. On 
December 6, the President and Prime Minister swore in a new cabinet, 
which, on December 11, received a vote of no confidence in the TFA; 
there was no functioning cabinet at year's end.
    Representatives of the self-declared Republic of Somaliland did not 
recognize the results of the SNRC as having any validity in its 
territory.
    Presidential elections in Somaliland were held in April 2003, with 
the participation of three political parties: The Democratic United 
Peoples' Movement, the Solidarity Party (Kulmiye), and the Party for 
Justice and Democracy. The incumbent UDUB President, Dahir Riyale 
Kahin, won by only 80 votes. Kulmiye initially disputed the results; 
however, it was resolved through mediation by traditional elders. 
Unofficial diplomatic observers considered the elections credible and 
sufficiently transparent. Parliamentary elections, which have been 
repeatedly postponed, were scheduled for March 2005.
    In Somaliland, there is a constitution and bicameral parliament 
with proportional clan representation, and an elected president and 
vice president. The Hargeisa authorities have established functioning 
administrative institutions in virtually all of the territory they 
claim, which equaled the boundaries of the Somaliland state that 
achieved international recognition briefly in 1960 before entering into 
a union with the country. In 2001, a referendum was held with 97 
percent of voters supporting Somaliland independence.
    In 1998, Puntland declared itself a regional government during a 
consultative conference with delegates from six regions, including 
traditional community elders, the leadership of political 
organizations, members of legislative assemblies, regional 
administrators, and civil society representatives. Representatives of 
Puntland-based sub-clans chose Abdullahi Yusuf as President. Puntland 
has a single chamber quasi-legislative branch known as the Council of 
Elders, which played a largely consultative role. Political parties 
were banned in Puntland. Regional elections in Puntland were held 
during 2001; however, President Yusuf refused to step down. In November 
2001, elders elected Jama Ali Jama as the new President of Puntland, 
and he assumed power in Garowe. Yusuf refused to accept the decision 
and militarily seized Garowe, which forced Jama to flee to Bosasso. In 
2002, Yusuf occupied Bosasso and declared himself President of Puntland 
in 2002. During 2003, General Adde Musse, a former army general, 
organized Jama Ali Jama's militiamen, drawn primarily from the Majerten 
Osman Mohamoud sub-clan, and established a base in Somaliland. General 
Musse's forces attacked Puntland twice from their base in Somaliland 
without success. Puntland traditional elders then intervened and 
brokered a peace agreement between Musse and Yusuf, which was signed in 
May 2003. In May 2003, the two joined their forces and began sharing 
power. Mohammed Abdi Hashi, Yusuf's vice president, assumed the 
presidency of Puntland after Yusuf's election in October as TFG 
President.
    Somaliland and Puntland continued to contest the Sanaag and Sool 
regions and the Buhodle district during the year (see Section 1.a.). 
Both governments maintained elements of their administrators at the 
Sanaag and Sool regions, and both governments exerted influence in 
various communities.
    Official corruption was endemic throughout the country, and there 
were no laws that provided for public access to government information.
    There were 22 women in the 275-seat TFA; in the TFG, there were 1 
female minister and 4 deputy ministers. A woman held the post of 
Foreign Minister in the Somaliland Government; in addition, several 
women were important behind-the-scenes figures in the various factions. 
There were 5 women in the 69-seat Puntland Council of Elders.
    Minorities held 31 seats in the TFA.
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 official restriction, investigating and 
publishing their findings on human rights cases. Authorities were 
somewhat cooperative and responsive to their views. Several local human 
rights groups were active during the year, including the Mogadishu-
based DIJHRC, Isha Baidoa Human Rights Organization in Bay and Bakol 
regions, and KISIMA in Kismayu. The DIJHRC investigated the continuing 
causes of conflict in the Mogadishu area, conducted effective human 
rights monitoring, protested the treatment of prisoners before the 
Islamic Shari'a courts, and organized periodic demonstrations for 
peace. KISIMA monitored human rights and organized peace marches in 
Kismayu. The Mogadishu-based Somali Journalists Network monitored human 
rights violations against journalists in Mogadishu. The Mogadishu-based 
Center for Research and Dialogue, women's NGOs, and other members of 
civil society also played an important role in galvanizing support in 
the country for the reconciliation talks in Kenya.
    Numerous international organizations operated in the country during 
the year, including the Red Cross, CARE, Save the Children, and various 
de-mining agencies such as the Halo Trust. The TNG and Somaliland 
authorities permitted visits by U.N. human rights representatives 
during the year.
    Security problems complicated the work of local and international 
organizations, especially in the south. There were reported incidents 
of harassment against NGOs, resulting in at least two deaths.
    On March 19, unknown gunmen shot and killed an employee of the 
German Agency for Technical Assistance and a security escort after 
ambushing their vehicle outside of Berbera, Somaliland; another 
passenger was injured. Five suspects were arrested and awaiting trial 
at year's end; the motive for the killings remained unclear at year's 
end.
    Attacks on NGOs also disrupted flights and food distribution during 
the year. In April, clan militia ambushed a Gedo Health Consortium 
rented vehicle near Bula Hawa in apparent retaliation for the theft of 
electronic items and a generator by a rival clan; the driver was 
seriously injured. On August 15, after a plane carrying an IGAD 
delegation landed at Baidoa airstrip, a man entered the plane and 
threatened the delegates with a hand grenade; the man was disarmed and 
allowed to depart the aircraft with no charges filed against him.
    Despite threats in Jowhar and Kismayu, authorities did not close 
any NGOs during the year.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The unimplemented Transitional Federal Charter prohibits 
discrimination on the basis of sex and national origin; however, 
societal discrimination and violence against women and widespread abuse 
of children continued to be serious problems. The Somaliland 
Constitution prohibits discrimination on the basis of sex and national 
origin; however, these rights were not respected in practice.

    Women.--Domestic violence against women occurred. Women suffered 
disproportionately in the civil war and in the strife that followed. 
There was no information available on the prevalence of domestic 
violence in the country. There are no laws that specifically address 
domestic violence; however, both Shari'a and customary law address the 
resolution of family disputes (see Section 1.e.). Police and militia 
members raped women, and rape was commonly practiced in inter-clan 
conflicts (see Section 1.c.). Laws prohibiting rape exist; however, 
they generally were not enforced. There were no laws against spousal 
rape. There were no reports that rape cases were prosecuted during the 
year. There were reports of rapes of Somali women and girls in refugee 
camps in Kenya during the year (see Section 1.c.).
    FGM was a widespread practice. There were estimates that 
approximately 98 percent of women have undergone FGM. The majority of 
women were subjected to infibulation, the most severe form of FGM. In 
Somaliland, FGM remained illegal under the Penal Code; however, the law 
was not enforced. In Puntland, legislation prohibited FGM in 
northeastern areas of the country; however, in practice the law was not 
enforced strictly. U.N. agencies and NGOs have made intensive efforts 
to educate persons about the danger of FGM; however, no reliable 
statistics were available on the success of their programs.
    Prostitution is illegal; however, it was practiced. Because it is 
culturally proscribed, it was not reported.
    Women were subordinated systematically in the country's 
overwhelmingly patriarchal culture. Polygyny was permitted, but 
polyandry was not. Under laws issued by the former government, female 
children could inherit property, but only half of the amount to which 
their brothers were entitled. Similarly, according to the Shari'a and 
local tradition of blood compensation, those found guilty in the death 
of a woman must pay only half as much to the aggrieved family than for 
a male victim.
    Several women's groups in Mogadishu, Hargeisa (Somaliland), Bosasso 
(Puntland), and Merka (Lower Shabelle) actively promoted equal rights 
for women and advocated the inclusion of women in responsible 
government positions. During the year, the local NGO Save Somali Women 
and Children held a number of workshops on women's and children's 
rights, including a regular monthly ``Gender Forum'' in which women 
gathered to discuss women's rights.

    Children.--Children remained among the chief victims of the 
continuing violence. Boys as young as 14 or 15 years of age have 
participated in militia attacks, and many youths were members of the 
marauding gangs known as ``morian'' (parasites or maggots). Even in 
areas with relative security, the lack of resources limited the 
opportunity for children to attend school. Approximately 10 to 20 
percent of the school-age population attended school; more boys than 
girls were enrolled in school. There were three secondary schools in 
Somaliland and several secondary schools in Mogadishu; however, only 10 
percent of those few children who entered primary school graduated from 
secondary school. Parents generally paid fees for their children's 
education. Schools at all levels lacked textbooks, laboratory 
equipment, and running water. Teachers were trained poorly and paid 
poorly. The literacy rate was estimated at 25 percent throughout the 
country; however, reliable statistics did not exist. There was a 
continued influx of foreign Muslim teachers into the country to teach 
in private Koranic and Madrassa schools. These schools were inexpensive 
and provided basic education; however, there were reports that these 
schools required the veiling of small girls and other conservative 
Islamic practices normally not found in the local culture.
    Medical care was rudimentary, and only a small percentage of 
children had access to adequate medical facilities.
    There was no information available on the prevalence of child abuse 
in the country; however, it occurred. There were reports of rapes of 
Somali girls in refugee camps in Kenya during the year (see Section 
1.c.).
    FGM was performed on approximately 98 percent of girls (see Section 
5, Women).
    Child prostitution was practiced; however, because it is culturally 
proscribed, it was not reported.
    Trafficking in children for forced labor was a serious problem (see 
Section 5, Trafficking).
    In 2003, the U.N. Independent Expert on Human Rights visited 
Kismayo, Lower Juba, Bosasso, Puntland, and Hargeisa, Somaliland. He 
reported that children were recruited as soldiers in Puntland and that 
many juveniles were incarcerated with adults by their parents for 
disciplinary problems (see Section 1.c.).
    Child labor was a problem (see Section 6.d.).

    Trafficking in Persons.--The pre-1991 Penal Code prohibits 
trafficking; however, there were reports of trafficking during the 
year. The unimplemented Transitional Federal Charter does not 
specifically prohibit trafficking. The number of women being trafficked 
from the country appeared to be small.
    Trafficking in children for forced labor was a serious problem. 
There were reports of a significant increase in the smuggling of 
children out of the country to relatives and friends in western 
countries where they worked or collected welfare and sent money back to 
family members in the country.

    Persons With Disabilities.--In the absence of a functioning state, 
the needs of persons with disabilities were not addressed. There were 
several local NGOs in Somaliland that provided services for persons 
with disabilities.

    National/Racial/Ethnic Minorities.--More than 85 percent of 
citizens shared a common ethnic heritage, religion, and nomadic-
influenced culture. In most areas, members of groups other than the 
predominant clan were excluded from effective participation in 
governing institutions and were subject to discrimination in 
employment, judicial proceedings, and access to public services.
    Minority groups and low-caste clans included the Bantu (the largest 
minority group), the Benadiri, Rer Hamar, Brawanese, Swahili, Tumal, 
Yibir, Yaxar, Madhiban, Hawrarsame, Muse Dheryo, and Faqayaqub. 
Intermarriage between these groups and mainstream clans was restricted. 
Some of these groups had limited access to whatever social services 
were available, including health and education. Members of minority 
groups continued to be subjected to killings, harassment, intimidation, 
and abuse by armed gunmen of all affiliations.
Section 6. Worker Rights
    a. The Right of Association.--The 1990 Constitution and the 
unimplemented Transitional Federal Charter provide workers with the 
right to form unions; however, the civil war and factional fighting 
have resulted in the absence of any legal protection for workers' 
rights and the disintegration of the country's single labor 
confederation, the then government-controlled General Federation of 
Somali Trade Unions. In view of the extent of the country's political 
and economic breakdown and the lack of legal enforcement mechanisms, 
trade unions did not function freely.
    The unimplemented Transitional Federal Charter, the Puntland 
Charter, and the Somaliland Constitution establish the right of freedom 
of association, but no unions or employer organizations existed.

    b. The Right to Organize and Bargain Collectively.--Wages and work 
requirements in the traditional culture were established largely by ad 
hoc bartering based on supply, demand, and the influence of the 
worker's clan.
    There are no export processing zones.

    c. Prohibition of Forced or Compulsory Labor.--The pre-1991 Penal 
Code and the unimplemented Transitional Federal Charter prohibit forced 
or compulsory labor, including by children; however, there were reports 
that such practices occurred (see Sections 5 and 6.d.). Local clan 
militias generally forced members of minority groups to work on banana 
plantations without compensation. There were reports that in Middle and 
Lower Juba, including the port of Kismayu, Bantus were used as forced 
labor.

    d. Prohibition of Child Labor and Minimum Age for Employment.--The 
pre-1991 Labor Code and the unimplemented Transitional Federal Charter 
prohibit child labor; however, child labor was a problem, and there 
were child soldiers (see Section 5). Formal employment of children was 
rare, but youths commonly were employed in herding, agriculture, and 
household labor from an early age. Substantial numbers of children 
worked. In 2002, it was reported that 32.5 percent of children between 
the ages of 5 and 14 worked; however, the percentage of children 
engaged in labor was believed to be even higher during the year. The 
lack of educational opportunities and severely depressed economic 
conditions contributed to child labor.

    e. Acceptable Conditions of Work.--There was no organized effort by 
any of the factions or de facto regional administrations to monitor 
acceptable conditions of work during the year.

                               __________

                              SOUTH AFRICA

    South Africa is a multiparty parliamentary democracy in which 
constitutional power is shared between the President and the 
Parliament. President Thabo Mbeki led the African National Congress 
(ANC) party, which increased its seats to 279 in the 400 seat National 
Assembly after a free and fair national election in April. Parliament, 
in turn, elected the President. The Government included ministers and 
deputy ministers from the Azanian People's Organization (AZAPO) and the 
New National Party (NNP), but was dominated by the ANC. The judiciary, 
including the Constitutional Court, was independent but overburdened.
    The South African Police Service (SAPS), which is overseen by the 
Department of Safety and Security, has primary responsibility for 
internal security, and the South African National Defense Force 
(SANDF), which is overseen by the Department of Defense, is responsible 
for external security but also has domestic security responsibilities. 
The SANDF and the SAPS border control and policing unit shared 
responsibility for border control. The Government continued to train 
and organize the Directorate of Special Operations, dubbed the 
Scorpions, to coordinate efforts against organized crime and 
corruption. The civilian authorities maintained effective control of 
the security forces. Members of the security forces committed serious 
human rights abuses.
    The country has a market based economy. According to mid-year 
population estimates by Statistics South Africa, the country had a 
population of approximately 46.6 million. The manufacturing and 
services (including government) sectors, accounted for approximately 20 
percent of the gross domestic product, while the agricultural and 
mining sectors each represented approximately 4 percent. The economy 
grew at a rate of 1.9 percent in 2003. Average monthly wages rose by 
8.5 percent while the average consumer inflation rate in 2003 was 6.2 
percent. The distribution of income and wealth remained highly skewed 
along racial lines and between urban and rural citizens. Approximately 
60 percent of the black African population and approximately 3 percent 
of the white population lived below the poverty line. Official 
unemployment remained high at 27.8 percent.
    The Government generally respected the human rights of its 
citizens; however, there were serious problems in several areas. Deaths 
due to the use of excessive force by security forces and deaths in 
police custody were serious problems. Some members of the police beat, 
raped, tortured, and otherwise abused suspects and detainees. The 
Government took action to investigate and punish some of those 
involved. Prisons were severely overcrowded, and some prison employees 
and other prisoners abused and assaulted prisoners physically and 
sexually. The judiciary was overburdened, and lengthy delays in trials 
and prolonged pretrial detention were problems. Xenophobia continued to 
be a problem. Violence against women and children remained serious 
problems, and discrimination against women and persons with 
disabilities also remained problems. Child labor, including forced 
child labor, was a problem. Child prostitution and trafficking in 
persons were serious problems. Vigilante violence and mob justice 
continued throughout 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 
politically motivated killings by the Government or its agents; 
however, police use of lethal force during apprehensions resulted in a 
significant number of deaths, and deaths in police custody were a 
problem. The Government investigated and punished some abusers and 
worked to prevent future abuses.
    For example, on January 4, two Witdraai police officers, Inspector 
Johannes Liebenberg and Constable Wayne van Wyk, allegedly shot and 
killed a Khomani San civilian who was trying to break into a house (see 
Section 5). The Government's Independent Complaints Directorate (ICD) 
investigated the case and forwarded it to the Director of Public 
Prosecution (DPP) who began prosecuting the officers for murder. On 
January 13, SAPS members allegedly shot and killed a civilian who was 
fleeing the scene of a crime. The ICD investigated the case and 
forwarded it to the DPP who ordered that a formal inquest be held.
    The ICD investigated deaths in police custody and deaths as a 
result of police action, and continued to improve their cooperation 
with the SAPS. According to the ICD, there were 380 deaths as a result 
of police action. Between April 1, 2003 and March 31, there were 334 
deaths in police custody that resulted from a variety of causes, 
including natural causes.
    In October, SAPS members Superintendent Buitendag, Inspector 
Austin, and Inspector Pansegrouw were acquitted due to insufficient 
evidence on charges related to the 2002 torture and killing of 
Inspector Leonard Hlagala.
    There were reports of deaths resulting from political violence 
between ANC and Inkatha Freedom Party (IFP) supporters in KwaZulu-Natal 
in the run-up to the April 14 national and provincial elections. Press 
reports estimated that there were at least 10 and perhaps as many as 30 
politically related deaths between late 2003 and the April election, 
compared with 325 political fatalities during the 1999 election, of 
which 190 were in KwaZulu-Natal. The media also quoted KwaZulu-Natal 
Premier S'bu Ndebele as saying the killing of Kasavelin Stanley Chetty, 
an Esourt councilor, was ``politically motivated.'' According to press 
reports, the killing was preceded by a series of death threats to 
councilors who defected to the ANC.
    Unlike in the previous year, there were no reports of politically 
motivated killings between the United Democratic Movement and the ANC 
in Western Cape.
    Fear and the threat of violence still existed in the rural areas. 
Violence in the province was mainly taxi-related but had political 
overtones as the process to transform and formalize the IFP-dominated 
taxi industry continued. Approximately 12 taxi owners and 16 passengers 
were killed in KwaZulu-Natal taxi-related shootings since November 
2003. On December 4, unknown assailants opened fire and injured 18 
members of a taxi association. Other forms of violence such as faction 
fighting remained higher than in other provinces.
    The trial of 22 right wing Afrikaners charged with murder, high 
treason, terrorism, and sabotage in the 2002 Soweto bombings was 
ongoing at year's end.
    The appeal of right wing Afrikaners Leon Peacock, Hercules Viljoen, 
and Alan Rautenbach, who plotted to blow up the Vaal Dam in 2001 and 
were convicted of sabotage had not been heard by year's end.
    Episodes of vigilante action and mob justice were reported. While 
exact figures were not available, vigilante attacks were particularly 
prevalent in Gauteng, the Western Cape, and KwaZulu Natal. On May 22, 
approximately 500 residents in Gauteng attacked two men accused of 
murders in the area and killed them by ``necklacing'' (placing tires 
around their necks and setting them on fire). On June 22, a man killed 
in the same manner was found on a farm in Gauteng. On August 1, a group 
in the Eastern Cape necklaced and killed three men accused of raping a 
young girl.
    The trial against 14 individuals accused of hacking to death 7 
persons in 2002 was on going at year's end. Twelve persons were charged 
with the deaths of Adam Potgieter and Samuel Moletsane in December 2002 
and the trial was scheduled to begin in 2005.
    A vigilante group called Mapogo A Mathamaga continued to grow in 
membership and reportedly had more than 90 branches and 50,000 members 
throughout the country, including offices in at least 9 cities. Mapogo 
targeted persons they suspected of property crimes against their 
members, tortured suspected criminals, and beat persons with clubs and 
whips. The group operated under several other names, such as Mapogo 
Crime Stop, making their activities difficult to regulate.
    In 2002, Bertrams Pringle, Willie Skhosana, and Mapogo member 
Robert Van der Colff were charged with murder for beating Adam 
Potgieter and Samuel Moletsane to death for allegedly stealing 
construction equipment. The trial was postponed to February 2005.
    Numerous court cases involving People Against Gangsterism and Drugs 
(PAGAD), an anti-crime group with an anti-government bias, continued 
throughout the year. At the start of the year, prosecutors reported 
there were 55 PAGAD-related cases or appeals still awaiting trial. 
Judicial proceedings against a number of PAGAD members, including 
Abubakar Jacobs, Ebhrahim Jeneker, Mogamat Issacs, Faizel Samsodien 
were not concluded at year's end. PAGAD leader Salie Abader's suit 
against authorities for ``wrongful arrest and malicious prosecution'' 
following his acquittal in 2002 for a killing had also not concluded by 
year's end.
    On October 18, the Cape High Court imposed two life sentences on 
PAGAD member Mogamat Phadiel Orrie, who was charged with the murder of 
Cape Town couple Yusuf and Fahiema Enous in a state Witness Protection 
Program safe-house in December 2000.
    PAGAD leader Abdus-Salaam Ebrahim remained in jail, charged with 
participating in the 1996 murder of a Cape Town gang leader. Members of 
the armed wing of PAGAD, the so-called G-force, such as Mansoer Legget, 
Ebrahim Jeneker, and Abdullah Maansdorp, were all serving multiple life 
sentences. In May, the trial of PAGAD member Shaheem ``Doc'' Ismail 
resumed for the attempted killing of a Cape Town judge. Also in May, 
PAGAD gunman Faizel ``Bunnylick'' Samsodien received a 25-year jail 
sentence for a 1999 shooting of members of a rugby team. A third trial 
began in late May of five PAGAD members from Delft for three killings 
in 1999.
    There continued to be reports that xenophobia led to a number of 
violent attacks on foreigners (see Section 5). From December 24 to 26, 
a number of attacks on Somali refugees took place in the Western Cape, 
Eastern Cape and Gauteng. Seven Somali nationals were killed during 
these incidents, one in Khayelitsha, three near George, one in 
Johannesburg and one in Port Elizabeth. At year's end, police were 
investigating the cases, but no arrests were made. In September 2003, 
Catholic social workers in Cape Town claimed that xenophobia was a 
major contributing factor in the deaths of as many as 28 refugees 
during the previous 18 month period. There were no developments by 
year's end in the case of three Angolans and one citizen killed in 
January 2002 in clashes between locals and refugees in the Joe Slovo 
area in Milnerton, a Cape Town suburb.
    Killings and other violent crimes against farmers and on some 
occasions members of their families continued in rural parts of the 
country. There was widespread concern among white farmers that they 
were targeted for racial and political reasons; however, according to 
police and academic studies of farm attacks, the perpetrators 
reportedly were common criminals motivated by financial gain. It also 
was reported that in the majority of cases, the perpetrators were not 
farm workers. According to Agriculture South Africa (AgriSA), 838 farm 
attacks and 75 farm killings took place in 2003 and 652 farm attacks 
and 86 farm killings took place by the end of October. The Independent 
Committee on Motives for Farm Attacks' report was released in September 
2003 and found the perpetrators in the great majority of cases appeared 
to be common criminals motivated by financial gain. Security forces 
continued to be viewed as responding to attacks, rather than preventing 
them.
    On February 18, farm owner Mark Scott Crossley and farm workers 
Richard Mathebula and Simon Mathebula were charged with murder after 
the remains of Nelson Chisale--a former farm laborer--were found in a 
lion camp. The three allegedly beat the former employee and tossed him 
into an enclosure at a breeding project for rare white lions. The three 
were denied bail and the case was postponed until January 2005. The 
case against a fourth man, Richard Mnisi, was withdrawn when he became 
a state witness.
    On June 21, a white employer, Jewell Crossberg, shot and killed a 
farm worker (and Zimbabwean national), Jelous Dube, in Musina. 
Crossberg told police he had mistaken his victim for a baboon, but 
farmworkers who witnessed the shooting said the killing was triggered 
by the victim's failure to report to work the day before. Crossberg was 
arrested but released on bail of $1,230 (R8,000). Some expressed 
concern about the manner in which the bail application was handled, 
saying that it was ``very unusual'' that a culprit could be taken 
straight to the court without first being sent to a police cell.
    On February 17, the High Court in Nelspruit found Gerrit Maritz, a 
white employer, guilty of the February 2003 killing of farm worker 
Jotham Mandlaki for failing to show up for work and sentenced him to 2 
years in prison or a fine of $5,538 (R36,000). Several human rights 
groups expressed shock at the lightness of the sentence.
    In Limpopo Province, where traditional beliefs regarding witchcraft 
remained strong, there were occasional reports of attacks on persons 
accused of witchcraft by their rural communities (see Section 1.f.). 
Traditional leaders cooperated with Ministry of Safety and Security 
programs and reported threats against persons suspected of witchcraft 
to the police. The press reported that on November 9 two men killed 
four elderly women accused of witchcraft in Nontshinga Village in the 
Eastern Cape. One of the suspects wanted in connection with the murders 
was shot and killed by police after attacking a police officer and the 
second suspect remained under arrest at year's end. Some of the 
suspects accused of the February 2003 killing of a man suspected of 
involvement in witchcraft in KwaZulu Natal remained in custody at 
year's end and the trial was scheduled to begin in February 2005.
    Muti killings--killing, especially of children, to obtain body 
parts for traditional healing--continued during the year. On July 30, 
attackers hacked off a young boy's hand, ear, and genitals. The boy 
died 10 days later. SAPS estimated that there were an average of 150 to 
300 such killings each year.

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

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The Constitution's Bill of Rights prohibits such 
practices; however, some police officers beat, raped, tortured, and 
otherwise abused suspects. Some incidents of torture and ill treatment 
by police and SANDF members occurred during interrogation, arrest, 
detention, and searches of persons' homes.
    In 2002, a SAPS member allegedly assaulted a pregnant woman and 
solicited a bribe to stop the case against her minor son, whom he was 
investigating. The ICD investigated charges of assault with intent to 
do grievous bodily harm; however, the Director of Public Prosecutions 
declined to prosecute the case.
    During the year, the police officer who set a dog on Titus Mahlatse 
in July 2003 was acquitted on the basis that the victim gave 
contradictory statements.
    Incidents of police harassment against foreigners continued, 
particularly during coordinated police raids of areas where foreign 
nationals resided. Some state hospitals reportedly routinely refused 
emergency treatment to indigent foreigners, despite regulations that 
required such treatment.
    The press reported that many refugee seekers claimed they were 
whipped, beaten and subjected to other brutal treatment at the hands of 
immigration personnel. The Director of South Africa's Home Affairs 
Department promised to investigate these allegations; however, no 
investigation had begun by year's end. Four South African soldiers who 
were arrested in August at Madimbo military base near Beitbridge on 
allegations of ambushing, stripping, raping, and robbing illegal 
Zimbabwean immigrants. They subsequently appeared in court facing 
various charges.
    There were reports that police abused homosexuals (see Section 5).
    In July, there were reports that SANDF troops, stationed in the 
Democratic Republic of the Congo (DRC) as part of the U.N. peacekeeping 
mission, raped young girls. An independent U.N. investigation team from 
the Office of Internal and Oversight Services was sent to investigate 
allegations of widespread sexual abuse of children by peacekeeping 
soldiers from various countries. A SANDF colonel was sent home after he 
was accused of molesting his young male interpreter; however, the 
colonel was not investigated or prosecuted after his return to South 
Africa.
    Vigilante action and mob justice resulted in attacks on suspected 
criminals, some of whom were killed (see Section 1.a.).
    There were incidents in which white employers abused their black 
African farm laborers. Nongovernmental organizations (NGOs) claimed 
that rural police and courts refused to arrest or prosecute whites in 
many cases.
    Most prisons did not meet international standards, and prison 
conditions did not always meet the country's minimum legal 
requirements. Severe overcrowding in some prisons led to poor health; 
as many as 75 inmates may occupy a cell designed to hold 40 inmates. 
The Department of Correctional Services (DCS), which manages prisons, 
reported in its 2003-04 annual report that there were 240 prisons in 
the country with a total capacity of approximately 114,787. There were 
184,576 prisoners in custody of whom 53,876 were awaiting sentences, 
putting overcrowding at 63 percent. This overcrowding was especially 
visible among prisons for juveniles. For example, a 332 percent 
occupation rate was reached in the juvenile section of the Durban 
prison; however, the Government began building new prisons during the 
year.
    The natural death cases in the country's prisons, primarily due to 
HIV/AIDS, increased sharply over the past few years and continued to 
grow.
    Prison employees and other prisoners abused and assaulted prisoners 
physically and sexually. There were reports that some detainees 
awaiting trial contracted HIV/AIDS through rape. According to the 
Institute for Security Studies (ISS), some of the inmates intentionally 
infected other inmates with HIV/AIDS in a process called ``slow 
poison'' to control or punish them. Approximately 42 percent of all 
prisoners were living with HIV/AIDS. In 2003, the DCS identified health 
as a priority; however, health services remained inadequate.
    There were reports that prison employees stole food and money from 
prisoners. According to NGOs, 70 percent or more of prisoners used 
drugs, provided to them illegally by guards or other persons with 
access to them. In many of these cases, offending police or 
correctional officers were suspended or expelled from their services.
    The Jali Commission, which the President appointed in 2002, 
continued to investigate allegations of corruption and sexual abuse in 
prisons. The Commission began in 2002 and reported finding widespread 
irregularities involving prisoners leaving the premises illegally, 
nepotism, drug trafficking, irregular appointments of personnel, and 
massive medical aid fraud. In 2003, the Commission also highlighted 
evidence of extortion, abuse of parole procedure, abuse of disciplinary 
enquiries and appeal procedures, and educational qualifications fraud.
    On July 28, the head of Grootvlei Prison, Tatolo Setlai, who 
allowed prisoners to secretly videotape corrupt activities in the jail 
in 2002, was acquitted on 20 criminal charges. Of the 22 wardens 
implicated on footage taken by the prisoners, 19 were dismissed, 1 died 
of natural causes, and 2 faced disciplinary hearings.
    Violence among prisoners, particularly sexual violence, was a 
serious problem.
    Human rights groups raised serious concerns regarding C MAX 
prisons, which were designed to hold the country's most dangerous 
criminals, including the Government's criteria for transferring 
prisoners from other prisons to a C MAX facility and the restrictive, 
solitary conditions of the prisons.
    Problems remained at the Lindela Repatriation Center, the largest 
detention facility for undocumented immigrants in the country, 
particularly as a result of the overcrowding of cells. The Department 
of Home Affairs conducted sweeps of squatter camps and sent illegal 
immigrants to Lindela to await repatriation. Some of the refugees 
alleged that Home Affairs employees, Lindela employees, and police 
requested bribes. Male and female prisoners were held separately.
    Juveniles were sometimes held with adults. There were credible 
reports that youths held with adults were vulnerable to sexual 
exploitation, including rape. Pretrial detainees were generally held 
together with convicted prisoners.
    Some immigrant children detained in the Lindela Repatriation Center 
received the same general treatment as adult detainees and, most were 
provided with separate sleeping facilities from adults only after 
October. In contrast to 2003, children were provided with food and 
clothing. In February, as a result of a court case brought by Lawyers 
for Human Rights, some children were transferred to Dyammbo Youth 
Center.
    The Government generally permitted independent monitoring of prison 
conditions, including visits by human rights organizations; however, 
organizations were sometimes told that only lawyers were able to visit 
prisoners and some groups were routinely denied access. The Judicial 
Inspectorate visited all prisons regularly.

    d. Arbitrary Arrest or Detention.--The Constitution prohibits 
arbitrary arrest and detention, and the Government generally observed 
these prohibitions; however, prolonged pretrial detention continued to 
be a problem.
    SAPS is the primary instrument of state policing, with a presence 
throughout the country. The SAPS, under the Ministry of Safety and 
Security, continued its major restructuring and transformation from a 
primarily public order security force to a more accountable, community 
service oriented police force; however, it remained ill equipped, 
overworked, and undertrained. According to the 2003-04 SAPS annual 
report, there were 106,233 police officers and 28,624 civilians working 
in SAPS, with a shortage of personnel estimated to be 20,000. The 
majority of police resources remained focused on former white areas and 
business districts, and police service was unevenly distributed across 
the provinces, ranging from 313 residents per police officer in the 
Free State to 669 residents per police officer in Limpopo Province.
    SAPS continued to create partnerships between local police forces 
and the communities they served. Municipalities also maintained 
metropolitan police forces in major cities under local control, such as 
in Johannesburg, Durban, Pretoria, and Cape Town; however, SAPS 
continued to have deficiencies in mid level leadership and 
institutional memory that were detrimental to its overall performance.
    The ICD received 1,473 allegations of criminal offences by police. 
There were 101 cases of corruption, representing a 3.8 percent decrease 
from the previous year. There was a 47 percent increase in reports of 
serious criminal offences allegedly committed by SAPS members and a 
27.6 percent increase in incidents of misconduct; most cases were for 
neglect of duty (86.4 percent). The other cases related to failure or 
refusal to perform duties and gross discourtesy.
    Broad efforts to reform police practices continued, and the ICD 
investigated reports of police misconduct and corruption; however, the 
number of reported incidents of abuse increased. The Government made 
efforts to address abuses with an official anti torture policy and 
training programs for police and SANDF officers that included human 
rights.
    The Bill of Rights provides that every detained person has the 
right to be informed promptly of the reasons for their detention; to be 
advised promptly of the right to remain silent and the consequences of 
waiving that right; to be charged within 48 hours of arrest; to be 
detained in conditions of human dignity; to consult with legal counsel 
at every stage of the legal process; to communicate with relatives, 
medical practitioners, and religious counselors; and to be released 
(with or without bail) unless the interests of justice require 
otherwise. Courts and police generally respected these rights; however, 
there continued to be a problem with prison conditions and bringing 
detainees to trial expeditiously.
    Human rights groups, judges, and judicial scholars continued to 
express concern about the Criminal Procedure Second Amendment Act, 
which mandates minimum jail sentences and prohibits bail in certain 
cases.
    According to ISS, prisoners waited an average of 3 months, but some 
as long as 2 years, for a trial. At any time during the year, 28,000 
persons waited for more than 3 months for a trial. This problem 
primarily was the result of an understaffed, underfunded, and 
overburdened judiciary (both magistrates and prosecutors) (see Section 
1.e.).
    The National Director of Public Prosecution (NDPP) was preparing 
cases against persons who were denied amnesty, failed to apply for 
amnesty, or were implicated in human rights abuses during the Truth and 
Reconciliation Commission (TRC) process. In the first case, charges 
were brought against Gideon Nieuwoudt, Johannes van Zyl, and Johannes 
Koole for the Pebco Three killing in 1985 (see Section 4).

    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 understaffed, 
underfunded, and overburdened.
    The Constitutional Court is the highest court for interpreting and 
deciding constitutional issues, while the Supreme Court of Appeal is 
the highest court for interpreting and deciding other legal matters. 
The lower courts include Magistrates' Courts, Divorce Courts, Small 
Claims Courts, and Courts of Chiefs and Headmen. Magistrates' Courts--
including regional and district courts--have civil and criminal 
jurisdiction. The country also has a range of special courts, including 
the Labor Appeals Court, Labor Court, Land Claims Court, Special Income 
Tax Courts, Special (Consumer) Court, and the Electoral Court.
    Judges and magistrates hear criminal cases and determine guilt or 
innocence. There is a presumption of innocence for criminal defendants. 
The law requires that a panel of lay assessors, along with a 
magistrate, hear cases involving murder, rape, robbery, indecent 
assault, and assault leading to serious bodily harm. The two assessors 
may overrule magistrates on questions of fact. Magistrates also can use 
assessors in an advisory capacity in bail applications and sentencing.
    The Bill of Rights provides for due process, including the right to 
a fair, public trial within a reasonable time after being charged, and 
the right to appeal to a higher court. It also gives detainees the 
right to state funded legal counsel when ``substantial injustice would 
otherwise result''; however, a general lack of information for accused 
persons regarding their rights to legal representation and the 
Government's inability to pay for these services were continuing 
problems.
    The Government operated 46 justice centers in the country, composed 
of the Departments of Justice, Correctional Services, Welfare and 
Health, and SAPS, to speed up the administration of justice, free up 
the court rolls, and alleviate overcrowding in prisons. However, 
serious backlogs in the numbers of cases that have gone to trial 
remained.
    There was public concern regarding the capacity of the criminal 
justice system to deal with the high level of crime, and instances of 
vigilante justice reflected this concern (see Section 1.a.).
    There were no reports of political prisoners.
    The Land Claims Court settled cases previously screened and 
evaluated by the Commission on Restitution of Land Rights. Claims only 
could be filed for land dispossessions that occurred after the 
promulgation of the Natives Land Act of 1913. The Commission ceased 
accepting applications after 1998, but the cases have moved slowly, 
which caused increasing tension and frustration. At the end of March, 
48,825 restitution claims were settled, involving 662,307 
beneficiaries. Of this figure, 17,631 claims resulted in the 
restoration of land. The rest resulted in financial compensation 
remedies; however, the budget for restitution was inadequate to meet 
the demands of the restitution program.
    On January 28, the President signed into law the Restitution of 
Land Rights Amendment Bill, which allows the Minister of Agriculture 
and Land Affairs to ``purchase, acquire in any other manner, or 
expropriate land'' to speed up the restitution process. Before land may 
be expropriated, the Minister is required to give adequate notice of 
the intention and arrange for fair compensation. The Bill allows 
landowners recourse through the courts if they feel the compensation 
amount received is not adequate. There were no expropriations by year's 
end.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The Constitution prohibits such actions; however, 
there were a few allegations of police abuse and other criticisms 
against government legislation and practice.
    There were a few allegations of police abuses during sweeps and 
home searches. In July, residents of Salt River in Cape Town claimed 
that police assaulted them and damaged their homes after allegations 
that they hid drugs. In August, residents of Woodstock in Cape Town 
complained about police officials' heavy-handed approach during the 
confiscation of drugs, ammunition, and cash in a surprise raid.
    In 2002, the Regulations of Interception and Provision of the 
Communication Related Information Bill, which provides for state 
monitoring of all telecommunications systems for criminal 
investigations, including cell phones, the Internet, and e mail, was 
signed into law. However, the Bill had not been implemented by year's 
end.
    The Promotion of Access to Information Act is to assist authorities 
in obtaining personal information and is used solely in criminal 
investigations; however, opposition parties and human rights NGOs 
objected to its broadly defined provision that enabled the Government 
to access an individual's personal information.
    A 2003 South African Human Rights Commission (SAHRC) report 
indicated that there were reports of farmers illegally evicting farm 
residents.
    There were reports that persons accused of witchcraft were attacked 
and driven from their villages in rural communities (see Section 1.a.). 
Some survivors of attacks and their families were living in ``witch 
villages,'' which had no running water or electricity, for safety in 
Limpopo Province. Although some persons returned to their homes, many 
persons remained in the villages and requested government assistance 
for schools and basic infrastructure, some of which was provided.
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, these rights can be limited by law in some 
circumstances. Several apartheid era laws that remained in force posed 
a potential threat to media independence.
    The independent media was active and expressed a wide variety of 
views; however, some journalists expressed concern that the Government 
heavily influenced and wanted to control the media.
    Print media reached only 20 percent of the population, and most 
major newspapers experienced a drop in readership during the year. Due 
to socio-economic and demographic circumstances, the majority of the 
population received news through radio broadcasts from the government-
owned South African Broadcasting Corporation (SABC) and community radio 
stations.
    The SABC continued to own and control the majority of the 
television and radio outlets. The SABC was managed by black African 
executives and provided broadcasting in the country's main African 
languages. SABC offered news coverage of the Government and the leading 
opposition parties, but the opposition accused it of pandering to the 
ANC when it gave exclusive and complete coverage to President Mbeki's 
January 11th speech on the ANC's election manifesto. Further 
allegations of the ANC's desire to control the SABC were raised when 
former SABC news editor and ANC stalwart Snuki Zikalala was appointed 
Managing Director of News and Current Affairs at SABC on April 15.
    Low power, not for profit community radio stations continued to 
play an important role in informing the mostly rural public; however, 
they often had difficulty producing content and maintaining staff. 
Government broadcast regulators regularly issued new community radio 
licenses and also withdrew a few for non-compliance with the terms of 
issuance. At least two radio stations that were refused, Alex Radio and 
Radio Pretoria, appealed to the Constitutional Court to overturn the 
decision. Their cases were pending at year's end.
    SABC TV, which broadcast in seven languages, reported on March 11 
that 89 percent of all television viewers watched SABC channels at some 
point during the day. The SABC's three channels together reached 18.1 
million viewers.
    The only commercial television station, e.tv, reached 37 percent of 
the total population. Most of e.tv's schedule consisted of newscasts 
and foreign produced programs. E.tv continued to struggle to provide 
its mandated 30 percent locally produced content, and sought to have 
certain aspects of its licensing agreement relaxed. Midi Television, a 
black owned consortium composed of a number of associations and 
syndicates representing workers, women, and persons with disabilities, 
held majority ownership of e.tv. Satellite programming was also 
available.
    There were several government agencies with media related 
responsibilities, such as the Independent Communications Authority of 
South Africa (ICASA). The ICASA was not completely independent from the 
Department of Telecommunications.
    High ranking government officials on occasion reacted sharply to 
media criticism of government programs and problems and at times 
accused journalists, particularly black African journalists and 
editors, of disloyalty and white journalists and editors of racism. 
Some journalists believed that the Government's sensitivity to 
criticism caused self censorship in the media.
    Several laws remained in effect that permitted the Government to 
restrict the publication of information about the police, the national 
defense forces, prisons, and mental institutions. While these laws were 
not used often, journalists perceived them to be a threat to 
constitutional rights. In July, during a riot in Diepsloot, police 
invoked an apartheid-era law to restrict the access of the media, 
stating it was for the journalists' own safety.
    The Foreign Publication Board reviewed and judged written and 
graphic materials published in or imported into the country. The Board 
had the power to edit or ban books, magazines, movies, and videos, and 
it regularly exercised that power, mostly regarding pornographic 
material.
    The Government 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 September 1, a protester was shot and killed in Johannesburg; at 
year's end, the Government was investigating whether the victim was 
killed by security forces, a private security firm, or by another 
demonstrator.

    c. Freedom of Religion.--The Constitution provides for freedom of 
religion, and the Government generally respected this right in 
practice. Cases of discrimination against a person on the grounds of 
religious freedom can be taken to the Constitutional Court.
    While there were occasional reports of desecration and vandalism or 
verbal or written harassment, no violent incidents reported.
    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 prohibit forced exile; however, there 
were no reports of forced exile during the year.
    The law provides for the granting of asylum and refugee status in 
accordance with the 1951 U.N. Convention Relating to the Status of 
Refugees or its 1967 Protocol, and the Government has established a 
system for providing protection to refugees. The law also provides for 
a broader definition of refugee status to be granted if a person 
satisfies the definition set forth in the 1969 Organization of African 
Union's Convention on Governing the Specific Aspects of Refugee 
Problems in Africa. In practice, the Government provided protection 
against refoulement, the forcible return of persons to a country where 
they feared persecution. The Government granted refugee status and 
asylum. The Immigration Act, which was signed into law in 2002, was 
amended during the year. These amendments included updating and 
amending the schedule of countries exempt or not exempt from visas; 
providing a 14-day non-renewable transit permit for refugees; and 
changing the powers and composition of the Immigration Advisory Board.
    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. According to incomplete 
statistics provided by the Department of Home Affairs, the Government 
received 16,532 new asylum applications during the first 9 months of 
the year. The majority of recognized refugees came from the DRC, 
Angola, and Somalia; there also were refugees from Rwanda, Burundi, and 
the Republic of the Congo.
    Lawyers for Human Rights criticized the Department of Home Affairs 
for not following the provisions of the Immigration Act and the Refugee 
Act. Applicants for asylum and NGOs assisting refugees reported that 
immigration authorities requested bribes to process applications for 
permits to remain in the country. There were reports that police and 
immigration officials abused refugees and asylum seekers (see Section 
1.c.). Lawyers for Human Rights also reported asylum seekers being 
denied entry and repatriated immediately upon arrival at airports 
without benefit of formal asylum processing.
    On March 9, the Constitutional Court ruled on whether certain 
provisions of the Immigration Act that allowed immigration officers to 
declare persons at ports of entry illegal foreigners and have them 
detained. The Court recognized that persons believed to be illegal 
foreigners have the right to due process and administrative justice.
    Despite numerous procedural safeguards, efforts to combat a growing 
illegal immigration problem occasionally resulted in the Government 
wrongfully deporting aliens who were in the country legally. In late 
2003, the Government denied entry to a group of Liberian asylum 
seekers; however, there were no reports of the forced return of persons 
to countries where they feared persecution during the year.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The Constitution provides citizens with the right to change their 
government peacefully, and citizens exercised this right in practice 
through periodic, free, and fair elections held on the basis of 
universal suffrage. On April 14, the third democratic national election 
was held. The election was largely peaceful; however, a few incidents 
of political violence occurred in KwaZulu-Natal in the weeks before the 
election. The IFP registered a number of complaints with the 
Independent Electoral Commission including large numbers of special 
votes, posters being removed or defaced, individuals being threatened 
because of political affiliation, and other incidents of intimidation. 
The IFP challenged the legitimacy of the election in KwaZulu-Natal at 
the Electoral Court; however, they later withdrew its court action and 
accepted the election results.
    Thabo Mbeki was reelected for a second term as President and Head 
of State. Three parties the ANC, the NNP, and the AZAPO shared 
executive power. ANC members occupied 26 of the 28 ministerial 
positions and increased its parliamentary strength in the election, 
from 266 seats to 279. The official opposition, the Democratic 
Alliance, increased its seats from 38 to 50. Twelve political parties 
were represented in Parliament. Both the IFP and the NNP lost support; 
however, the NNP was represented in government as a result of an 
earlier agreement with the ANC. On August 6, the NNP announced that it 
would merge with the ANC but elected representatives would continue to 
hold their seats in the national and provincial legislatures as NNP 
members until September 2005.
    There continued to be reports of inter party rivalry and violence 
during the year (see Section 1.a.).
    The two houses of Parliament are the National Assembly (NA), with 
400 members, and the National Council of Provinces (NCOP), with 90 
members. The NCOP, created to give a greater voice to provincial 
interests, was mandated to approve legislation that involved shared 
national and provincial concerns according to a schedule in the 
Constitution and to concur on other legislation. There was an 18 member 
Council of Traditional Leaders that the Constitution accords an 
advisory role in matters of traditional law and authority.
    The Government made progress in the fight against corruption; 
however, there was still a widespread view that corruption was 
prevalent within the Government, particularly in the police and the 
Department of Home Affairs. In April, Parliament passed the Prevention 
and Combating of Corrupt Activities Act, which for the first time 
defines the scope of corrupt activities, as well as complements several 
existing anti-corruption laws. Government anti-corruption entities also 
made significant progress by expanding their operations and working 
towards greater interagency cooperation.
    In July, head of the NDPP Bulelani Ncguka resigned amidst media 
reports that parliamentarians and their travel agents misused official 
vouchers to pay for personal expenses. An internal parliamentary 
investigation starting in 2003 audited the accounts of as many as 179 
parliamentarians for misusing up to $2.5 million (R16 million). The 
incident became public after 7 travel agents were arrested in 
connection with the alleged scam, and in August the ``Scorpions'' unit 
of the NDPP submitted to Parliament the names of 23 parliamentarians 
that they wanted to question in connection to the scandal. No 
politicians had been charged by year's end; however, the investigation 
remained ongoing.
    The Promotion of Access to Information Act of 2000 provides for 
access to information. The Government generally complied with the Act, 
but there were problems with implementation. Civil society 
organizations, such as IDASA and the Open Democracy Advice Center, 
complained of lack of compliance, based on a study conducted in 2003. 
More than two-thirds of requests for information went unanswered or 
were answered outside the period provided for in the legislation. If a 
government department refuses to provide information, an internal 
appeal can be launched. If this also fails, the requestor may appeal a 
decision to the High Court. This is a timely and costly process, and 
consequently excludes groups or individuals who cannot afford the 
process. Results of the study also indicated a bias against journalists 
of newspapers perceived to be critical of the Government. In November 
2003, IDASA launched a court case against four political parties under 
the Promotion of Access to Information Act to disclose the private 
sources of funding.
    The Government and ANC promoted women's participation in 
government. There were 131 women in the 400 seat NA, and 21 women among 
the 54 permanent delegates of the NCOP. Women occupied three of four 
parliamentary presiding officer positions (speaker and deputy speaker 
of the NA, and chair of the NCOP). Women held 12 of 28 ministerial 
positions, as well as 10 of 21 deputy ministerial slots.
    There were approximately 140 members of minorities, i.e. non-black 
Africans in the NA. There were 6 members of minorities 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 
were generally cooperative and responsive to their views. Many 
organizations participated in governmental bodies that gathered public 
input and tried to fashion policies related to human rights.
    The UNHCR and the National Consortium on Refugee Affairs continued 
their ``Roll Back Xenophobia'' campaign to raise public awareness of 
the situation and rights of refugees and the difference between 
refugees and economic migrants. The campaign entered its second phase, 
focusing on a more holistic approach towards ending xenophobia through 
partnerships with the Department of Home Affairs, SAPS, and the South 
African Council of Churches.
    The government created SAHRC was responsible for promoting the 
observance of fundamental human rights at all levels of Government and 
throughout the general population. The SAHRC also has the power to 
conduct investigations, issue subpoenas, and hear testimony under oath. 
On June 23, the SAHRC launched the fifth Economic and Social Rights 
Report, which reviewed the Government's performance in promoting 
housing, food, water, social security, education, land, environment, 
and health rights. The SAHRC also focused on a variety of other human 
rights problems, including racism, freedom of expression, person with 
disabilities, refugees, and prisoners.
    The Office of the Public Protector investigated abuse and 
mismanagement by the Government, and acted as an office of last resort 
to which citizens reported unfair treatment by government entities. 
Such complaints generally took the form of concerns over lost pension 
checks or unfair hiring practices. The office handled an increasing 
number of complaints but was hampered by severe resource constraints.
    The TRC, created to investigate apartheid era human rights abuses, 
made recommendations for reparations for victims, and granted amnesty 
in return for full disclosure of politically motivated crimes. The TRC 
concluded its activities at the end of 2001 and released its final 
report in March 2003. In April 2003, the President announced a one time 
payment of $4,600 (R30,000) to 18,000 apartheid victims approved by the 
TRC. At the end of October, more than 16,000 victims already received 
payments; however, 1,800 had not been paid due to incorrect banking and 
other details. The Khulumani Victims Support Group continued to lobby 
the Government for additional reparations.
    During the year, the first TRC-related case since the 1990s was 
prosecuted by the National Prosecuting Authority (NPA). Former security 
agents Gideon Nieuwoudt, Johannes ``Slang'' (Snake) van Zyl, and 
Johannes Koole were charged with three counts of kidnapping, murder, 
and assault to do grievous bodily harm, in connection with the 1985 
killings of the ``Pebco Three,'' Qaquwili Godolozi, Champion Galela, 
and Sipho Hashe. The TRC denied amnesty to Nieuwoudt, Van Zyl, Herman 
Barend du Plessis, and Gerhardus Johannes Lotz for failure to make a 
full disclosure. They were arrested and released on bail during the 
year. The case was postponed to April 2005, pending the review 
proceedings of the amnesty re-hearing case, also involving Nieuwoudt.
    Gideon Nieuwoudt, former security police intelligence unit head in 
the Eastern Cape in the 1980s, also re-applied for amnesty along with 
two former colleagues, Wybrand du Toit and Marthinus Ras, for the so-
called Motherwell killings in 1989. They admitted to killing Warrant 
Officer Glen Mgoduka, Sergeant Amos Faku, Sergeant Desmond Mpipa, and 
Xolile Sakati, were convicted in criminal court for the murders, and 
were refused amnesty after an initial hearing in 1997. In a civil case 
in 2001, the Cape High Court ordered their application to be heard 
again by a new panel and their amnesty hearing began on March 22. 
Closing arguments were heard on September 28 and 29, and the applicants 
were awaiting a decision from the amnesty committee at year's end.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The Constitution prohibits discrimination on the grounds of race, 
disability, ethnic or social origin, color, age, culture, language, 
sex, pregnancy, sexual orientation, or marital status; however, 
entrenched attitudes and practices, as well as limited resources, 
restricted the practical effect of these protections in some cases. The 
Promotion of Equality and Prevention of Unfair Discrimination Act 
places a responsibility on the State and any person in the public 
domain to promote equality. The Act addresses discrimination in a broad 
context in the workplace, health care, education, services, pensions, 
and other socio economic areas.

    Women.--There was a high rate of domestic violence, including 
physical, sexual, emotional, and verbal abuse, as well as harassment 
and stalking of former partners. The law defines victims of domestic 
violence, facilitates the serving of protection orders on abusers, 
requires the police to take victims to a place of safety, and allows 
police to seize firearms at the scene and arrest abusers without a 
warrant. The law extends legal protection from domestic abuse to 
persons who are not in legal or common law marriages. Violating a 
protection order is punishable by a prison sentence of up to 5 years, 
or 20 years if additional criminal charges are brought.
    Societal attitudes and a lack of infrastructure, resources, and 
training for law enforcement officials hampered the implementation of 
domestic violence legislation, and it was difficult for women's cases 
to be prosecuted effectively. It was believed that the number of women 
who filed complaints represented only a fraction of those who suffered 
abuse, and doctors, police officers, and judges often treated abused 
women poorly. According to estimates from NGOs, one in four women were 
in abusive relationships.
    The Government financed 25 shelters for abused women; however, 
there was a need for more shelters, particularly in the rural areas. 
The SAPS was in the process of converting all Child Protection Units 
(CPU) to Family Violence, Child Protection, and Sexual Offenses (FCS) 
Units; at year's end, there were 22 CPUs and 40 FCSs. FCS investigating 
officers and other police officers were trained annually in gender 
sensitivity. The Government conducted domestic violence awareness 
campaigns, such as the annual 16 Days of Activism.
    Rape, including spousal rape, is illegal; however, it remained a 
very serious problem. According to the 2002-03 SAPS annual report, the 
incidence of rape decreased slightly in comparison with previous years, 
although it still remained extremely high due to a poor security 
climate and societal attitudes condoning sexual violence against women. 
According to Amnesty International, only 1 out of 35 rapes in the 
country was reported to the authorities. The 2002-03 SAPS report noted 
that 90 percent of rape victims were known to their rapists, 45 percent 
of all rapists were HIV positive, and approximately 14 percent of all 
victims were younger than 12 years old. Only 5 percent of all rape 
cases ended with a conviction, with 40 to 60 percent of cases being 
withdrawn; however, SAPS reported an increase in the number of sexual 
offense convictions to 471. Although judges in rape cases generally 
followed statutory sentencing guidelines, women's advocacy groups 
occasionally criticized judges for using questionable criteria, such as 
the victim's behavior or relationship to the rapist, as a basis for 
imposing lighter sentences.
    Rape, sexual assault, and sexual harassment of black African female 
farm workers by farm owners, managers, and by other farm workers were 
common.
    The Government operated 52 sexual offenses courts throughout the 
country, designated waiting rooms for victims, established counseling, 
installed more than 2,000 intermediary facilities at courts, and 
trained judicial officers. The SOCA established five rape care centers, 
known as Thuthuzela centers, which specialized in rape care management 
and streamlined a network of existing investigative, prosecutorial, and 
medical and psychological services in the hospital where it was 
located.
    In December 2003, two adults and a minor were arraigned on homicide 
charges after a group of men in Khayelitcha raped Lorna Mlosana and 
beat her to death after they found out she was HIV/AIDS positive. In 
January, the accused were denied bail and they remained in detention 
awaiting trail at year's end.
    Virginity testing occurred in KwaZulu-Natal, especially related to 
the Reed Dance ceremony in which only ``maidens'' could participate. 
Polygyny continued to be practiced by several ethnic groups. Exacting a 
bride price (``lobola'') also was a traditional practice of some ethnic 
groups.
    The law specifically prohibits female genital mutilation (FGM) as 
unfair discrimination, and the Commission for Gender Equality, the 
Study of Violence and Reconciliation, and People Opposed to Women Abuse 
all reported that there were no cases of FGM during the year.
    Prostitution is illegal; however, it was widespread and practiced 
rather openly, including in a number of brothels. On October 4, seven 
police officers were arrested on charges of corruption and extortion 
for demanding sex from prostitutes in return for not arresting them.
    There were reports that women were trafficked into the country for 
prostitution, or were trafficked to foreign territories such as China 
and Macao (see Section 5, Trafficking).
    The law prohibits sexual harassment; however, sexual harassment 
remained a widespread problem. On March 18, in the Cape High Court a 
woman won the first case of its kind when she successfully sued her 
employers for failing to protect her against sexual harassment.
    Discrimination against women remained a serious problem despite 
equal rights under family law and property law with regard to 
inheritance, divorce, and custody of children, and equal legal rights 
under the judicial system. In practice women experienced economic 
discrimination in areas such as wages, extension of credit, and access 
to land. For example, township housing transfer schemes favored 
existing titleholders who tended to be men. Rural areas were often 
administered through traditional structures that do not typically grant 
land tenure to women, which was a precondition for access to housing 
subsidies. On July 30, the Constitutional Court heard three cases 
fighting to repeal the law that prohibits black African women from 
inheriting property unless specified in a will. The SAHRC brought one 
of these cases as a class action suit for women and children in similar 
circumstances.
    On October 15, in another case, the Constitutional Court ruled that 
the practice of allowing the eldest male descendant to inherit 
everything and exclude children whose parents were not married is 
unconstitutional and invalid. The judgment also provided a formula for 
calculating inheritances, including for children of unmarried parents 
and partners in polygynous unions.
    Women, particularly black African women, typically had lower 
incomes and less job security than men. Most women were engaged in 
poorly paid domestic labor and micro enterprises, which did not provide 
job security or benefits.
    In July, the Department of Labor (DOL) and the Commission for 
Employment Equity reported that in 2001 and 2002 there was a drop in 
representation of females at professional and middle management levels. 
According to the report, black females were especially less likely to 
hold high-level positions. Women never held more than 21 percent of top 
management positions and earned on average 76 percent of what their 
male counterparts earned. The Presidency continued its efforts towards 
gender equity in its offices. After the April 14 election, President 
Mbeki increased the number of women in the cabinet to 12 out of 28, and 
appointed 4 women as premiers in the country's 9 provinces.
    Female farm workers often experienced discrimination and their 
access to housing often was dependent on their relationship to male 
farm workers. Many female farm workers were denied maternity leave in 
violation of the law or were allowed only enough time to give birth 
before having to return to work.
    The Department of Trade and Industry provided incentive grants to 
promote the development of small and medium businesses and micro 
enterprises for women, young persons, and persons with disabilities.
    A number of governmental bodies and NGOs monitored and promoted 
women's human rights. Numerous active women's rights groups focused on 
such areas as violence against women and the economic advancement of 
women.

    Children.--The Government was generally committed to children's 
welfare.
    The law provides greater educational opportunities for 
disadvantaged children traditionally black African children through a 
uniform system for the organization, governance, and funding of 
schools. It mandates compulsory education from ages 7 to 15 and ensures 
that children cannot be refused admission to public schools due to a 
lack of funds. According to the 2003 Review of Public School Financing, 
96 percent of 7 to 15 year olds and 88 percent of 16 to 19 year olds 
were enrolled in school. While in general, there were comparable 
attendance numbers for boys and girls, a number of factors, including 
unplanned pregnancies, domestic responsibilities (particularly in rural 
areas), and gender stereotypes contributed to high drop out rates and 
lower secondary school pass rates for girls.
    Approximately 60 percent of nonpersonnel education resources were 
devoted to the 40 percent most needy schools. Each of the nine 
provincial departments of education had responsibility for the schools 
in their provinces, which resulted in the uneven distribution of 
educational facilities. The disparity affected the poorer provinces of 
Eastern Cape, Limpopo, and KwaZulu Natal most severely. The 
availability and quality of primary schooling continued to be a 
problem, especially in rural areas where schools often were not easily 
accessible or where children worked (see Section 6.d.). In May, Human 
Rights Watch (HRW) reported that children attending farm schools, which 
are public schools on private commercial farms (13 percent of all 
state-funded schools), were among the poorest in terms of resources and 
were vulnerable to the farmers on whose land they occupied. Most 
schools in rural and urban KwaZulu Natal reportedly faced many problems 
of inadequate learner support materials, long vacant teaching posts, 
overcrowding, late pupil registration, and vacation time vandalism. To 
address these problems, the Government continued to build new schools 
and introduced basic skills development and prevocational training into 
the curriculum.
    There continued to be reports of widespread rape, sexual abuse, 
sexual harassment, and assaults of girls at school by teachers, 
students, and other persons in the school community. The law requires 
schools to disclose sexual abuse to the authorities; however, 
administrators often concealed sexual violence or delayed disciplinary 
action. The level of sexual violence in schools also increased the risk 
for girls of contracting HIV/AIDS or other sexually transmitted 
diseases, as well as unwanted pregnancies. Girls were often raped on 
the school premises, and the victims' age generally ranged from 4 to 
14. Alcohol and substance abuse by perpetrators was often a 
contributing factor.
    Although the law prohibits corporal punishment in schools, there 
were reports that teachers used physical violence to discipline 
students. On June 1, the press reported that a student at Phezulu High 
School died from a brain aneurysm after being beaten by the principal 
for being late. The principal reportedly was suspended. The South 
African Council of Educators was also investigating two other reports 
of abuse of students by teachers. In addition, there continued to be 
racially motivated violence among students in schools. On April 7, the 
case against a white mother, her daughter, and her daughter's boyfriend 
for assault and defamation following a November 2003 attack on Nosipho 
Mkhize, a black African girl in Cape Town, was heard in the Blue Downs 
Equality Court, and the court ordered the mother, Shannon Ferreira, to 
pay $1,538 (R10,000) to a charity of Mkhize's choice. On July 6, the 
charges of defamation and assault, which were brought in a civil case, 
were dropped and the parties reached an out of court settlement that 
included a public apology to Nosipho Mkhize and her family.
    The Government continued to increase its social welfare programs to 
children affected by poverty and the loss of parents. The number of 
children who received child support, care dependency, and foster care 
grants grew from 349,000 in 2000 to approximately 3.9 million by the 
end of 2003. The Government progressively extended child support grants 
to cover children up to the age of 14.
    In practice it sometimes was difficult for persons, including 
children, in rural areas to obtain access to health care facilities and 
other social welfare programs.
    HIV/AIDS activists, physicians and opposition parties continued to 
widely criticize the Government for failing to adequately protect young 
children from HIV/AIDS transmission through the provision of anti 
retroviral (ARV) medication to pregnant and breast feeding women. 
Although the Government responded to a Constitutional Court finding 
that they must provide programs to prevent the transmission of HIV from 
mothers to children by expanding the number of antenatal clinics 
providing nevirapine to HIV positive mothers, the national and 
provincial governments did not implement the program in all provinces 
in a timely way. Significant improvements were achieved in three 
provinces and programs were being developed in other provinces during 
the year. Following research reports, the Government again raised 
concerns about the use of nevirapine mono-therapy for the prevention of 
transmission from mothers to their children and this was likely to 
further delay effective program implementation. The Government was 
unable to provide for the rapidly growing number of children who were 
affected by HIV/AIDS, including both infected children and AIDS 
orphans.
    Following extensive consultations, in November 2003, the cabinet 
approved guidelines and a plan of action by the Department of Health to 
guide government implementation of anti-retroviral treatment through 
public health facilities. This was linked to large budget increases and 
President Mbeki's announcement of a target of 53,000 citizens in 
treatment by March 2005. Implementation of programs to reach this goal 
was very slow as provinces undertook facility certification and staff 
training.
    Violence against children, including domestic violence and sexual 
abuse, remained widespread. While there was increased attention to the 
problem, a lack of coordinated and comprehensive strategies to deal 
with violent crimes continued to impede the delivery of needed services 
to young victims.
    There were fewer reports of child rape during the year than in 
previous years; however, it remained a serious problem. Over the past 
few years, the country had several nationwide campaigns against 
violence towards women and children that may account for part of the 
progress. Between February 2002 and June 2003, the police reported 
21,494 cases of rape of children, no including attempted rape. 
Observers believed that these figures represented a small percentage of 
the actual incidents of child rape, because most cases involved family 
members and were not reported. The country had a low conviction rate 
for rape and child abuse. The minimum sentence for rape of a child was 
life in prison; however, judges have the discretion to grant more 
lenient sentences. In a prominent case in July, a child rapist and 
murderer was given six life sentences.
    The law prohibits virginity testing, but was not always enforced. 
For example, virginity testing occurred in KwaZulu-Natal, especially 
related to the Reed Dance ceremony in which only ``maidens'' could 
participate.
    Traditional male circumcision was still prevalent in various parts 
of the country. Initiation practices, which included circumcisions, 
continued during the year; however, there were fewer reports of deaths 
as a result of them. The House of Traditional Leaders attempted to 
address the issue of unsafe initiation practices and designed 
strategies to prevent deaths and the spreading of diseases, such as 
HIV/AIDS. On March 3, the Western Cape provincial government launched 
an initiation village in Cape Town to ensure a clean, safe, and healthy 
environment to prevent deaths or serious injury for young men who 
undergo the initiation. The Department of Health in the Eastern Cape 
provided 30 vehicles during the June initiation season to monitor 
initiation practices and also provided mobile clinics to give medical 
care where needed. The private medical sector also became involved to 
prevent deaths. In June, a Pretoria medical clinic offered free 
circumcisions to 50 initiates.
    In contrast with previous years, there were no reports of FGM.
    Child prostitution increased during the year (see Section 5, 
Trafficking).
    NGOs provided shelter, medical, and legal assistance for child 
prostitutes and a hotline for victims of child abuse. The Government 
donated land and buildings for various shelters for victims of sexual 
abuse, street children, and orphans.
    Child labor was a problem (see Section 6.d.).

    Trafficking in Persons.--The law does not specifically prohibit 
trafficking in persons, and trafficking in persons was a problem. The 
Government worked on a comprehensive anti-trafficking bill; however, it 
was not passed by year's end. Despite this, the Government used a 
number of already existing laws to prosecute traffickers for offences, 
such as prostitution and sexual exploitation of children, related or 
integral to their trafficking activities. These laws include the Child 
Care Act, the Sexual Offenses Act, the Domestic Violence Act, and the 
Prevention of Organized Crime Act.
    The law prohibits the commercial sexual exploitation of children, 
sexual intercourse with children under 16, and permitting a female 
under 16 to stay in a brothel for the purpose of prostitution. A 2003 
government-established task team continued to develop a plan of action 
to combat the sexual exploitation of children.
    The Government was prosecuting a high profile case against a 
prominent brothel and several child prostitution cases in Cape Town at 
year's end. In one case, the Court made a decision based on existing 
legislation including abduction. Deportations were used in cases 
involving trafficking in persons victims from other countries and 
perpetrators of major offenses were fined.
    The media reported that on November 18 police rescued 14 girls 
between the ages of 10 and 15 from several houses in Rosettenville, 
Johannesburg, where a Nigerian child prostitute syndicate was holding 
them. As part of this operation, police reportedly arrested 59 
Nigerians, 57 in Johannesburg and 2 in Durban.
    Several anti-trafficking in persons conferences and an awareness 
campaign were organized. A police unit operated at the Johannesburg 
International Airport to check for potential trafficking in persons 
with some successes; however, there was evidence of corruption at low 
levels of the police, immigration customs, and private services at the 
airport. Police reported officers sometimes helped traffickers move 
victims out of the transit area of the airport for minimal amounts of 
money. The border police incorporated trafficking in persons into their 
training manuals, and both police and judicial officials continued to 
receive training in anti-trafficking in persons activities.
    The country cooperated with neighboring countries; however, police 
units handling trafficking problems were understaffed and information 
sharing with neighbors was sometimes hindered by corruption. The 
country used its 52 Sexual Offenses courts to handle trafficking cases 
and relied heavily on NGOs to provide witness protection.
    The country was a transit and destination point for the trafficking 
of persons, including children, from other countries in Africa, Asia, 
and Europe for prostitution and forced labor. Domestic and 
international organized crime syndicates trafficked women into the 
country for the sex industry. The extent of trafficking operations was 
not known. The International Organization for Migration (IOM) reported 
there were 12 major routes for trafficking operations, such as from 
Lesotho, China, Malawi, and Eastern Europe to the country.
    Child prostitutes were often highly sought after because of the 
belief they were more likely to be disease-free. The NGO Molo Songololo 
estimated that there were approximately 30,000 children working as 
prostitutes in the country.
    Although there was considerable variation in the profiles of 
trafficked persons and their traffickers, in most cases traffickers 
lured women with promises of employment, marriage, or educational 
opportunities abroad.
    According to the IOM, there were several major criminal groups in 
the country that trafficked women: Bulgarian and Thai syndicates, the 
Russian and the Chinese Mafia, and African criminal organizations, 
mainly from the DRC. Traffickers also included male citizens and 
African refugees.
    Trafficked women and children who worked in the sex industry often 
lived with other trafficked victims in segregated areas; were 
frequently under constant surveillance; usually had no money or 
identifying documents; were often indebted to the agents who arranged 
their travel; often worked long hours, in some cases up to 18 hours 
each day, on weekends, and when ill; and sometimes were fined by their 
trafficker for infractions of strict rules.

    Persons With Disabilities.--The Constitution prohibits 
discrimination on the basis of disability; however, in practice 
government and private sector discrimination in employment existed. 
Society increasingly was open to the protection of the rights of 
persons with disabilities. The law mandates access to buildings for 
persons with disabilities; however, such regulations rarely were 
enforced, and public awareness of them remained minimal. The National 
Environmental Accessibility Program, an NGO comprising persons with 
disabilities as well as service providers, had a presence in all nine 
provinces to lobby for compliance with the regulations and to sue 
offending property owners when necessary. The law provides persons with 
disabilities with protection from harassment and, in conjunction with 
the Employment Equity Act, also provides guidelines on the recruitment 
and selection of persons with disabilities, reasonable accommodation 
for persons with disabilities, and guidelines on proper handling of 
employee medical information; however, enforcement of this law was 
limited. The law also requires employers with more than 50 workers to 
create an affirmative action plan with provisions for achieving 
employment equity for persons with disabilities. It was estimated that 
persons with disabilities constituted only 0.02 percent of the public 
service workforce, compared with 5.9 percent of the general population.
    In August, the Legal Resources Center filed a class action suit in 
the Pretoria High Court representing 50,000 citizens who were disabled 
by work-related accidents in the previous 11 years. They claimed the 
Government had reneged on its statutory obligation to provide them with 
their source of income.

    National/Racial/Ethnic Minorities.--The law prohibits 
discrimination and requires employers with 50 or more employees to 
ensure that previously disadvantaged groups, defined for legal purposes 
as Blacks including ``Africans,'' ``Colored,'' and ``Asians,'' are 
represented adequately at all levels of the workforce; however, they 
remained underrepresented in the workforce, particularly at the 
professional and managerial levels. The Government continued efforts to 
reorganize and redesign the educational, housing, and health care 
systems to benefit all racial and ethnic groups in society more 
equally.
    Notwithstanding the country's anti-discrimination legislation, the 
Commission for Employment Equity reported in its July 2003 annual 
report that racial imbalances in the workplace still existed, and that 
only 19 percent of positions at the top management level in 2002 were 
held by Blacks and approximately 31 percent of professionally qualified 
employees were Black. The report makes it clear that Black women by far 
remained the worst off in terms of the number and quality of senior or 
skilled jobs. Employers cited a lack of training and development, poor 
recruitment processes, and an antagonistic corporate culture as the 
main impediments to affirmative action.
    There were an overwhelming number of Black workers in unskilled, 
low paid jobs, where they amounted to 83 percent of the workforce. In 
occupations such as newspaper venders, garage attendants, car washers, 
gardeners, and garbage collectors, Blacks accounted for 98 percent of 
the workforce.
    The armed forces struggled with the process of integrating black 
Africans into the predominantly white officer corps. In contrast to 
2003, there were no reports of racism among SANDF troops in the DRC.
    Xenophobia led to attacks on foreigners. Foreigners faced harsh 
reactions from anti immigrant groups such as the Unemployed Masses of 
South Africa, which criticized immigrants for job losses. The SAHRC 
held hearings on xenophobia from November 2 to 4 to investigate the 
extent of xenophobia in the country, and its human rights implications. 
Testimonies told how foreigners are often mistreated and discriminated 
against by police and the business community, and how the situation is 
worsened by corruption within the Department of Home Affairs and the 
SAPS. The SAHRC is scheduled to issue a report to Parliament, offering 
guidance on action to combat this problem; however, the report had not 
been issued by year's end.
    The continued killings of mostly white farm owners by black African 
assailants created concern among white farmers that they were being 
targeted for racial and political reasons (see Section 1.a.). There 
also were reports that white employers abused and killed black African 
farm laborers, and complaints that the white employers received 
preferential treatment from the authorities (see Section 1.a.).
    On April 13, the media reported that there was an outbreak of 
violence against Indian residents in Free State province.

    Indigenous People.--The Khoikhoi, nomadic herders of cattle and 
sheep, were the first indigenous people in the country, and lived 
mainly in the southwestern Cape. Only a few thousand Khoikhoi remained, 
some of whom worked as farmers or laborers on farms. Under the law the 
Khoikhoi have the same political and economic rights as other citizens; 
however, their participation was limited, due to fewer opportunities, 
minimal access to education, and relative isolation.
    The SAHRC conducted an inquiry into alleged human rights violations 
against the Khomani San community in the Andriesvale-Askham area in the 
Kalahari on October 26-29. The police shooting and killing of a 
community member, Optel Rooi, in January sparked the SAHRC hearing. The 
community alleged the police did not investigate the community's 
complaints, and that the police assaulted them physically and verbally. 
The community also alleged negligence by the Land Claims Commission, by 
not supporting them after the community received 6 farms valued at $2.3 
million (R15 million) in 1999. The SAHRC concluded the hearing. The 
report has not been made public, but the DPP decided to prosecute 
Inspector Johannes Liebenberg and Constable Wayne van Wyk for the 
murder of Optel Rooi.
    The media reported that the Northern Cape government's land reform 
program resettled 500 to 1,000 San families in February from 
Schmidtsdrift to Platfontein in the Northern Cape. Provincial 
authorities also implemented a similar project in Killarney and with 
the Moso Emerging Crop Trust project.

    Other Societal Abuses and Discrimination.--There was some official 
and societal violence and discrimination against homosexuals. The press 
reported that police assaulted a homosexual man in Khayelitsha, Western 
Cape on June 14, and that Khayelitsha police laughed at a gay man who 
reported an assault. A lesbian claimed that two policemen beat and 
raped her on September 9 and 10 because they wanted to show her what 
happens to a woman ``who tries to be a man.'' The officers claimed that 
she was drunk and resisted arrest. An investigation into the incident 
was ongoing at year's end.
    Although the Government conducted campaigns to reduce or eliminate 
discrimination against persons with HIV/AIDS, the social stigma 
associated with HIV/AIDS remained a general problem. There were reports 
of human rights abuse of HIV infected or affected individuals by their 
families and communities.
Section 6. Worker Rights
    a. The Right of Association.--The law provides for freedom of 
association, and workers exercised this right in practice. All workers 
with the exception of members of the National Intelligence Agency (NIA) 
and the Secret Service, were entitled to join a union. Union membership 
in the private sector continued to decline steadily, as a result of job 
layoffs and declining formal sector employment. Total union membership 
was approximately 3.9 million persons, which constituted approximately 
26 percent of the economically active population, with 485 registered 
unions.
    Although labor laws protected farm workers, some farm workers' 
unions encountered difficulties trying to organize workers because 
union organizers were considered trespassers on private property. In 
addition, farm workers or farm residents who attempted to organize were 
harassed, dismissed, and evicted. The DOL and unions enlisted the 
cooperation of AgriSA, the national farmers' organization, to educate 
farmers about workers' rights and to improve working conditions. The 
DOL reported that 4.5 percent of the agricultural labor force was 
unionized.

    b. The Right to Organize and Bargain Collectively.--The law defines 
and protects the rights of workers to organize and bargain collectively 
and workers exercised these rights in practice.
    The law provides for the right to strike, and workers exercised 
this right in practice. Although members of the SANDF were allowed to 
join a union, they were prohibited from striking. Strikes by workers in 
essential services, such as police and hospital workers, are 
prohibited. If disputes between workers in essential services and their 
employees cannot be resolved through collective bargaining or 
conciliation, they are referred to arbitration. 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.). According to DOL officials, there were no figures available for 
children subjected to compulsory labor, but there was anecdotal 
evidence that children of tenants were forced to work for landowners 
for little or no wages, in return for the child's family occupying land 
or accommodation (see Section 6.d.).

    d. Prohibition of Child Labor and Minimum Age for Employment.--
Child labor is prohibited by law; however, it remained a problem in the 
informal sector. The Government generally enforced child labor laws in 
the formal sectors of the economy; however, child labor was widespread 
in informal and agricultural sectors, particularly in the former 
homeland areas. The death of parents by HIV/AIDS has increased the 
number of children who have to support themselves.
    The law prohibits employment of a child who is under 15 years of 
age; who is under the minimum school-leaving age (where the age is 15 
or older); or who is over 15 but under 18, if the employment is 
inappropriate for the child's age, or if the work places at risk the 
child's well being, education, physical, or mental health, or 
spiritual, moral, or social development, or has been prohibited by the 
Minister of Labor through various regulations.
    Child laborers from Zimbabwe and Mozambique worked in the country 
on commercial farms, for the taxi industry, or as domestic servants.
    There were reports that children were forced into prostitution and 
anecdotal evidence that some children worked in conditions that 
amounted to bondage (see Section 5, Trafficking).
    During the year, the DOL recruited, trained, and empowered 
inspectors to follow up on transgressors and enforce existing policies. 
Violation of the laws regulating child employment is punishable by a 
maximum prison sentence of 3 years or a fine of $2,308 (R15,000). In 
July, a North West farmer was found guilty of 24 charges of child labor 
and sentenced to 2 years in jail or a fine of $2,300 (R15,000). The 
farmer had employed children from surrounding villages, one as young as 
age 8, to harvest peanuts. DOL inspectors also were investigating a 
case of child labor against a Ventersdorp commercial farmer in the 
North West Province that involved a 13-year-old boy who was seriously 
injured while allegedly working on the farm.
    In some cases, DOL inspectors opted to resolve the problem of child 
labor through counseling of employers, parents, and children or by 
enlisting the services of professionals in the welfare and education 
departments. There were also reports that inspectors had difficulty 
gaining access to farms where incidents of child labor were reported.
    The DOL started an awareness program aimed at educating farmers 
about the rights of children.

    e. Acceptable Conditions of Work.--There was no legally mandated 
national minimum wage; however, the Government set minimum wages by 
occupation, though not all occupations had yet come under review. 
Annual negotiations between employers or employee associations and 
unions set wage rates on an industry-by-industry or plant-by-plant 
basis for unionized workers in the formal economy. Such negotiated 
wages generally were sufficient to provide a decent standard of living 
for a worker and family; however, in those sectors in which workers 
were not organized sufficiently to engage in the collective bargaining 
process many unskilled or rural workers were unable to provide a decent 
standard of living for themselves and their families.
    The law gives the Minister of Labor the authority to set wages, 
including for farm laborers and domestic workers. In March 2003, the 
Minister of Labor introduced a minimum wage for farm workers and in 
November 2003 increased the minimum wage to $132.60 (R861.90) a month 
in urban areas and to $107.70 (R700.05) a month in rural areas. 
According to the DOL, compliance with the minimum wage rate ranged from 
65 to 90 percent, depending on province. In March, the Minister of 
Labor ordered that the wages of farm workers be increased by between 9 
and 10 percent annually.
    Minimum hourly rates for domestics depended on the number of hours 
worked and could range from $0.60 (R3.88) to $0.80 (R5.23). The 
Government also extended the Unemployment Insurance Fund (UIF) benefits 
to vulnerable workers such as domestics and farm workers, which 
increased their security in the workplace. The DOL reported that the 
majority of domestic employers complied with the dispensation on 
minimum wages and conditions of work. DOL inspectors conducted home 
visits to check whether employers were complying with the Domestic 
Worker Sectoral Determination and the UIF Act.
    In February, the Labor Court ordered a Durban textile firm to pay 
$18,461 (R120,000) to 60 of its workers for failing to comply with 
sectoral minimum wages.
    The law standardizes time and a half pay for overtime, establishes 
a 45 hour workweek, and authorizes 4 months of maternity leave for 
women. A ministerial determination exempted businesses employing fewer 
than 10 persons from certain provisions of the law concerning overtime 
and leave.
    Occupational health and safety issues were a top priority of trade 
unions, especially in the mining, construction, and heavy manufacturing 
industries, and the country's industrial and mining processes were 
dangerous and sometimes deadly. The law provides for the right of mine 
employees to remove themselves from work deemed dangerous to health or 
safety. In addition, a tripartite mine health and safety council and an 
inspectorate of mine health and safety were responsible for enforcing 
the act and monitoring compliance with its provisions. The law 
specifically makes it an offense for a company to discriminate against 
an employee who asserted a right granted by the law (for example, to 
leave a hazardous work site) and required mine owners to file annual 
reports that provided statistics on health and safety incidents for 
each mine being worked.
    Four firms in KwaZulu-Natal were inspected in a blitz action on 
March 29 and 30, and 17 contravention orders were issued on health and 
safety violations. In April, the Labor Court fined a KwaZulu-Natal firm 
$4,154 (R27,000) for failure to maintain a safe working environment in 
2001 following a female employee's birth of still-born twins after 
emergency services could not enter a locked building.
    There were no laws or regulations, other than in the mining 
industry, that permitted workers to remove themselves from work 
situations deemed dangerous to their health or safety without risking 
loss of employment; however, the law protects employees from 
retaliation who disclosed dangerous workplace conditions to the 
appropriate authorities.
    On September 1, an explosion at a Sasol plastics plant killed 11 
workers and injured 142 employees. Workers at the plant and the 
Congress of South African Trade Unions representatives claimed that 
there had been inadequate oversight of safety procedures. Sasol, the 
DOL, and police launched a probe into the incident.
    Despite government efforts to improve the plight of farm workers, 
working conditions on farms generally remained poor. A 2000 DOL survey 
found that employment conditions in the agricultural sector were 
deplorable and the majority of farm workers ``live in circumstances of 
absolute and relative poverty''; the majority of farm workers were not 
unionized; and they were exploited by employers. Some white farmers 
still gave the predominantly black farm workers cheap alcohol (a system 
of payment known as ``tot'') in lieu of wages, according to a SAHRC 
report released in September 2003. Farmers continued to illegally evict 
workers; set their dogs on their employees; there was lack of access to 
service delivery; lack of compliance with labor legislation; lack of 
information on HIV/AIDS; and unacceptable levels of violence and crime 
against farm workers and farm owners.
    Many farmers did not accurately measure working hours, and they 
often required their laborers to work 11 hours per day and 6 days per 
week. In addition, 12 hour days were common during harvest time, and 
few farmers provided overtime benefits. HRW reported low wages and the 
absence of basic services in farm workers' housing.
    Health and safety regulations often were not observed during the 
use of chemicals in agricultural work. An investigation continued 
during the year into the June 2003 death of an employee while cleaning 
an underground tank at a wine farm in the Western Cape.
    Illegal foreign workers had no protection under the law. They often 
were reported to be underpaid and forced to work long hours in very 
poor, unsanitary, and unsafe conditions.

                               __________

                                 SUDAN

    Sudan has an authoritarian government in which all effective 
political power lies in the hands of President Omar Hassan al Bashir 
and the National Congress (NC) Party inner circle, who have been in 
power since a 1989 military coup instigated and supported by the 
fundamentalist National Islamic Front (NIF). In 1999, Bashir broke with 
the ideological leader of the NIF, Hassan al Turabi, disbanded 
Parliament, suspended parts of the Constitution, and declared a state 
of national emergency that abrogated basic liberties and remained in 
effect at year's end. In 2000, Bashir was reelected, and his NC/NIF 
political party won 340 out of 360 seats in the Parliament in deeply 
flawed elections boycotted by all major opposition parties. NC/NIF 
members and supporters continued to hold key positions in the 
Government, security forces, judiciary, academic institutions, trade 
unions, professional associations, and the media. The judiciary was not 
independent and was subject to outside influence from the executive and 
security forces.
    The regional Intergovernmental Authority on Development (IGAD), 
under Kenyan leadership, continued to seek an end to the country's 21-
year North-South civil war. A cessation of hostilities, first signed in 
2002, was extended and was largely respected during the course of the 
year, although there were some violations by both sides. On December 
31, representatives of the Government and the Sudan People's Liberation 
Movement Army (SLPM/A) initialed a comprehensive peace agreement to be 
signed formally on January 9, 2005. All of the protocols, including 
those on wealth-sharing, power-sharing, and the status of the three 
contested areas were signed in June. The Civilian Protection Monitoring 
Team (CPMT) and the Joint Military Commission operating in the Nuba 
Mountains had considerable success in monitoring and curbing serious 
abuses during the year.
    In Darfur, government and government-supported militia (jinjaweed) 
committed serious abuses during the year, including razing hundreds of 
villages of African tribes. Information available by September 9 
indicated that genocide had been committed in Darfur, and the 
Government and the jinjaweed bore responsibility. A U.N. International 
Commission of Inquiry was investigating this issue at year's end. The 
World Health Organization reported that, as a result of the conflict, 
at least 70,000 civilians died, more than 1.5 million civilians were 
internally displaced, and an estimated 200,000 refugees fled to 
neighboring Chad.
    In addition to the regular police and the Sudan People's Armed 
Forces, the Government maintained an external security force, an 
internal security force, a militia known as the Popular Defense Forces 
(PDF), and a number of police forces. The security forces were under 
the effective control of the Government. Members of the security forces 
committed numerous, serious human rights abuses.
    The country's mostly agricultural economy continued to be crippled 
by the civil war, destruction of infrastructure, economic 
mismanagement, and the existence of more than 4 million internally 
displaced persons (IDPs) and refugees in a country with an estimated 
population of 38 million. The country took further steps towards 
transitioning from a socialist to a market based economy; however, the 
Government and NC supporters remained heavily involved in the economy. 
Corruption, mismanagement, and increasing military expenditures limited 
the impact of increased oil revenue and Islamic banking and financial 
assets. The Government took important steps to reform its finance and 
foreign exchange systems. Real gross domestic product grew an estimated 
5.9 percent.
    The Government's human rights record remained extremely poor, and, 
although there were improvements in some areas, numerous, serious 
problems remained. Citizens were unable to change their government 
peacefully. Security forces and associated militias were responsible 
for extrajudicial killings and disappearances. Government forces, 
allied militias, and insurgent groups killed and injured thousands of 
civilians in conflict. Security forces regularly beat, harassed, 
arbitrarily arrested, and detained incommunicado opponents or suspected 
opponents of the Government, and there were reports of torture. 
Security forces and associated militias beat refugees, raped women 
abducted during raids, and harassed and detained IDPs. Government 
security forces and pro government militias acted with impunity.
    Prison conditions remained harsh and life-threatening, and 
prolonged detention remained an issue. The Government used arbitrary 
arrest and detention under state of emergency provisions. The 
authorities did not ensure due process in civilian or military courts. 
The Government infringed on citizens' privacy rights. Humanitarian 
relief flights significantly improved access throughout the South 
during the year; however, obstructions to humanitarian access, 
particularly to the Darfur region, continued.
    The Government continued to restrict freedom of speech, press, 
assembly, association; restricted freedom of religion and movement; and 
arrested and harassed those who exercised these rights. There were 
credible allegations of conversions of non Muslims to Islam as a 
condition of employment or other privileges. Members of local human 
rights NGOs were occasionally harassed. Violence and discrimination 
against women and abuse of children remained problems. Female genital 
mutilation (FGM) remained widespread, although it was becoming less 
common. Abductions and trafficking in persons occurred but appeared to 
decline. Discrimination and violence against ethnic minorities, and 
government denial of workers' rights persisted. Security forces and 
associated militias were responsible for forced labor (including forced 
child labor) and forced military conscription of underage young men. 
Child labor was widespread. Credible sources indicated that, unlike in 
previous years, slavery did not appear to be a significant problem.
    Antigovernment insurgent groups and associated militia forces also 
committed numerous, serious abuses. The SPLM/A, the Sudanese Liberation 
Army (SLA), and the Justice and Equality Movement (JEM) were guilty of 
abuses including killings, beatings, rape, robbery, destruction of 
property, forced conscription, restricting freedom of movement of 
populations under their control, kidnapping, restricting access of 
relief workers and supplies, and killing of NGO workers.
                        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; however, there were reports of numerous extrajudicial killings 
(see Section 1.g.).
    Unlike in the previous year, there were no reports that government 
forces and allied militia pursued a systematic scorched earth policy 
aimed at removing populations from the areas of the oil pipeline and 
oil production; however, violence in Darfur increased significantly. 
The Government attacked civilian facilities and housing, which resulted 
in numerous civilian deaths, including of children (see Section 1.g.). 
Deaths resulted from landmines during the year (see Section 1.g.).
    In September, two men died while in government custody after being 
arrested in a crackdown on supporters of Hassan Al-Turabi. The 
Government reported that they arrested two members of the security 
services in connection with this incident, but no known action had been 
taken by year's end.
    Unlike in the previous year, there were no reports that police 
killed persons while forcibly dispersing demonstrations.
    Unlike in the previous year, there were no reports that forced 
conscriptions resulted in deaths.
    There was a rash of violence, with killings committed by both the 
Government and SPLM/A, in the Shilluk Kingdom after Dr. Lam Akol 
defected from the government-affiliated SPLM-United to the main SPLM/A. 
The CPMT confirmed that government-supported militias killed two 
Shilluk farmers on April 2. The CPMT also confirmed that, on June 4, 
SPLM/A soldiers killed 24 civilians working as charcoal makers on Akrwa 
Island; they killed another person the next day.
    Violence continued in the oil producing areas. On April 6, SPLA 
soldiers attacked a Sudan Pile Company vehicle traveling on the Leer-
Adok oil road, killing two civilians and injuring another.
    Rebel groups operating throughout the country were responsible for 
killings (see Section 1.g.).
    Interethnic conflict resulted in deaths during the year (see 
Section 5).
    Genocide committed by the Government and jinjaweed occurred in 
Darfur during the year (see Section 1.g.).

    b. Disappearance.--There were continued allegations that the 
Government was responsible for the arrest and subsequent disappearance 
of persons suspected of supporting rebels; however, unlike in previous 
years, there were no such allegations that this took place in 
government controlled zones in the South and the Nuba Mountains.
    There were no confirmed reports of abductions in the southern part 
of the country, largely due to the cessation of hostilities in much of 
the South. In the past 15 years, an estimated 15,000 Dinka women and 
children have been abducted; between 10,000 and 12,000 persons, 
primarily Dinka, remained abducted or unaccounted for at year's end. 
Observers believed that some of those abducted in the past were sold 
into de facto slavery as forced laborers, while some others were 
drafted into the military. In some cases, the abductees escaped or 
eventually were released or ransomed; in other cases, they were killed. 
Few persons who were previously abducted were returned during the year.
    The Committee to Eradicate the Abduction of Women and Children 
(CEAWAC) continued to report a lack of necessary funding to document, 
rescue, and transport abductees back to their families (see Section 5). 
The Government did not identify the abductors or forced labor owners 
and has not prosecuted them.
    There were no further developments, and none were expected, 
regarding approximately 10,000 persons abducted by government supported 
militia in northern Bahr el Ghazal during the last 20 years.
    There were multiple reports during the year that rebel forces in 
Darfur abducted persons, including government officials and 
humanitarian aid workers (see Section 4).
    Unlike in the previous year, there were no reports of abductions by 
SPLA forces and allied militias.
    There also were reports of periodic intertribal abductions of women 
and children in the Eastern Upper Nile (see Section 5).
    The Ugandan Lords Resistance Army (LRA) kidnapped children in 
Uganda and brought them into the southern part of the country (see 
Section 5).

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The Constitution prohibits such practices; however, 
government security forces continued to torture, beat, and harass 
suspected political opponents and others. Impunity continued to be a 
serious problem.
    In accordance with Shari'a, the Criminal Act provides for physical 
punishments including flogging, amputation, stonings, and 
``crucifixion'' the public display of a body after execution. The 
Government officially exempts the 10 southern states, in which the 
population is mostly non-Muslim, from Hudud law--the part of Shari'a 
which permits physical punishments, including flogging, amputation, and 
stoning. During the year, there were a number of sentences of flogging 
and cross-amputation, but few were carried out.
    On April 14, a young Christian woman was fined and lashed for not 
wearing a headscarf. The case of a 16-year-old girl convicted of 
adultery in 2003 and sentenced to 100 lashes received media attention 
when a human rights lawyer won the suspension of her sentence in late 
January because she was a Christian and a minor. There was no further 
information regarding the appeal of Mohamed Hassan Hamdan, a 16-year-
old sentenced in October 2003 to ``cross amputation'' for armed 
robbery.
    At least one person died as a result of torture while in the 
custody of government security forces in Khartoum (see Section 1.a.).
    On January 5, Waiel Taha, a student at the University of Khartoum 
who was active in the Sudan Organization Against Torture, was arrested. 
While in detention, he was hit in the genitals, beaten with a water 
hose, and threatened with rape. He was later released.
    There were reports that government security forces tortured and 
beat persons suspected of supporting the rebels in Darfur. Amnesty 
International (AI) provided numerous reports of beatings and torture of 
persons detained in Darfur, including one incident in mid-March 
following an SLA attack on Buram in which a number of civilians were 
arrested and subsequently beaten with sticks and gun butts, tied 
upside-down to a tree, and tied together in the back of a truck for 4 
days without food and water.
    There were also reports of detentions and torture by the rebels in 
Darfur. The African Union's Ceasefire Commission for Darfur (AU CFC) 
reported that, on October 27, the SLA stopped 3 commercial buses and 
detained 18 Arab passengers, whom they took to an SLA base and beat 
repeatedly.
    Security forces beat and mistreated refugees and injured persons 
while dispersing demonstrations (see Sections 2.b. and 2.d.).
    Soldiers, PDF members, and pro government militia forces raped 
women (see Section 1.g.). There was a clear and documented pattern of 
rape and sexual abuse directed at IDPs of all ages in Darfur (see 
Sections 1.g. and 5).
    Government forces and allied militias were responsible for injuring 
many civilians during attacks on rebel forces, during raids on civilian 
settlements, and during bomb attacks on civilian targets (see Section 
1.g.).
    SPLM/A and affiliated forces were responsible for a number of 
civilian injuries and for raping women (see Section 1.g.).
    Prison conditions remained harsh, overcrowded, and life-
threatening. Most prisons were old and poorly maintained, and many 
lacked basic facilities such as toilets or showers. Health care was 
primitive, and food was inadequate. Prison officials arbitrarily denied 
family visits to prisoners. High ranking political prisoners reportedly 
often enjoyed better conditions than did other prisoners.
    The Government routinely mistreated persons in custody. There were 
reports that security forces held detainees incommunicado; beat them; 
deprived them of food, water, and toilets; and forced them to sleep on 
cold floors.
    Male and female prisoners were held separately.
    Juveniles often were held with adults. To provide proper care for 
their children, many women prisoners took the children into the prison 
where education was unavailable.
    Pretrial detainees were held separately from convicted prisoners.
    The Government did not permit regular visits to prisons by human 
rights observers. No independent domestic human rights organizations 
monitored prison conditions.

    d. Arbitrary Arrest or Detention.--The law prohibits arbitrary 
arrest and detention without charge; however, in practice, the 
Government continued to use arbitrary arrest and detention under the 
state of emergency provisions.
    There are a number of police forces, including regular police 
units, the Popular Police Force (PPF), and Public Order Police (POP). 
The PPF is a parallel pro government force that received higher pay 
than the regular police. The POP is a law enforcement entity that 
enforced Islamic law (Shari'a), including enforcing proper social 
behavior, such as restrictions on alcohol and ``immodest dress.'' 
Effectiveness varied depending on the strength of the local militias 
and security forces. Police corruption was a problem, and police 
officers supplemented their incomes by extorting bribes from the local 
civilians.
    Under the Constitution and the Criminal Code, an individual may be 
detained for 3 days without charge, which can be extended for 30 days 
by order of the Director of Security and another 30 days by the 
Director of Security with the approval of the prosecuting attorney. 
Under the National Security Act, which supercedes the Criminal Code, an 
individual accused of violating national security may be detained for 3 
months without charge, which the Director of Security may extend for 
another 3 months. Under the state of emergency, the Government is not 
constrained by the National Security Act and reportedly detained 
individuals indefinitely without judicial review. Security forces often 
held persons, including criminal detainees, incommunicado for long 
periods of time in unknown locations without access to their lawyers or 
family members.
    The law allows for bail, except for those accused of crimes 
punishable by death or life imprisonment, and there was a functioning 
bail system.
    In general, the Government detained persons for a few days before 
releasing them without charge or trial; however, there were exceptions, 
particularly for persons perceived as political opponents.
    There were reports that security forces tortured, detained without 
charge, and held incommunicado political opponents (see Sections 1.a 
and 1.c.). Detentions of such persons generally were prolonged. 
Security forces arrested numerous persons suspected of supporting the 
rebels in Darfur, some of whom were tried, convicted, and sentenced to 
death under Special Courts (see Section 1.e.). Security forces 
frequently harassed political opponents by summoning them for 
questioning, forcing them to remain during the day without questioning, 
and then ordering them to return the following day--a process that 
sometimes continued for weeks.
    Authorities continued to detain political opponents of the 
Government. There was an increase in detentions of members of Hassan 
al-Turabi's Popular National Congress (PNC), including several major 
crackdowns leading to dozens of arrests and detentions, which the 
Government claimed were in response to coup plotting. Turabi himself 
has been held without charge since September. A trial of 28 persons 
charged with coup plotting was ongoing at year's end (see Section 
1.e.). Several supporters of the eastern-based Beja Congress were 
detained in Kassala and Port Sudan, including 12 members arrested in 
Port Sudan on October 12.
    Journalists were arrested and detained during the year (see Section 
2.a.).
    Security forces continued to detain persons because of their 
religious beliefs and activities (see Section 2.c.). Detentions based 
nominally on religion generally were of limited duration; however, the 
Government routinely accused persons arrested for religious reasons of 
common crimes and national security crimes, which resulted in prolonged 
detention. Security forces often targeted southern women in IDP camps 
because they produced and sold a traditional home brewed alcohol; such 
women were arrested and imprisoned for up to 6 months under Shari'a. 
Vagrant children accused of committing crimes were detained for 
indefinite periods (see Section 5).
    Unlike in the previous year, arrests and detentions of members of 
nongovernmental organizations (NGOs) and civil society groups were 
infrequent (see Section 4).
    Some sources believed that the SPLM/A still held several hundred 
prisoners of war (POWs) in indefinite detention at year's end; however, 
it was unknown whether this was indeed the case.

    e. Denial of Fair Public Trial.--The Constitution provides for an 
independent judiciary; however, the judiciary was largely subservient 
to the President or the security forces, particularly in cases of 
crimes against the state.
    A Judiciary Committee nominates and the President appoints the 
Chief Justice of the Supreme Court. As the senior judge in the judicial 
service, the Chief Justice also controlled the judiciary. The President 
appoints the Constitutional Court's seven members. On occasion, courts 
displayed a degree of independence. For example, appeals courts 
overturned several decisions of lower courts in political cases, 
particularly decisions from public order courts. However, political 
interference with the courts regularly occurred. Ali Dosa, a Member of 
Parliament arrested on charges of working with the Darfur rebels, was 
imprisoned for several months, although his parliamentary immunity was 
never lifted.
    The judicial system includes four types of courts: Regular courts; 
military courts; special courts; and tribal courts. Tribal courts were 
in place in rural areas to resolve disputes over land and water rights, 
and family matters. Within the regular court system, there are civil 
and criminal courts, appeals courts, and the Supreme Court. Special 
Courts in Darfur operated during the year under the state of emergency 
to try crimes against the state. The Criminal Act governs criminal 
cases, and the Civil Transactions Act applies in most civil cases. 
Shari'a is applied in the North but not by courts in the South. There 
continued to be reports that non Muslims were prosecuted and convicted 
under Shari'a ``hudud'' laws (see Section 1.c.). Public order cases 
were heard in criminal courts.
    The Constitution provides for fair and prompt trials; however, this 
was not respected in practice in many cases. Trials in regular courts 
nominally met international standards of legal protections. The accused 
normally have the right to an attorney, and the courts are required to 
provide free legal counsel for indigent defendants accused of crimes 
punishable by death or life imprisonment; however, there were reports 
that defendants frequently did not receive legal counsel and that 
counsel in some cases could only advise the defendant and not address 
the court. There were reports that the Government sometimes denied 
defense counsel access to the courts. For example, in September, 28 
persons were put on trial for allegedly plotting a coup in March. On 
October 25, the presiding judge banned the defendants' lawyers from 
representing them and ordered them to pick new counsel or accept 
government-appointed lawyers. The judge's decision was upheld on 
appeal, and the trial remained pending at year's end.
    Only military personnel were tried in military courts. Military 
trials, which sometimes were secret and brief, did not provide 
procedural safeguards. At military trials, the defendant's attorney, 
called a friend of the defendant, may advise the defendant but may not 
address the court. Military trials did not provide an effective appeal 
from a death sentence. Witnesses may be permitted to appear at military 
trials.
    The Special Courts Act created special three person security courts 
to deal with a wide range of offenses, including violations of 
constitutional decrees, emergency regulations, some sections of the 
Penal Code, as well as drug and currency offenses. Special courts, 
composed primarily of civilian judges, handled most security related 
cases. Attorneys could advise defendants as friends of the court but 
normally could not address the court. Lawyers complained that they 
sometimes were granted access to court documents too late to prepare an 
effective defense. Sentences usually were severe and implemented at 
once; however, death sentences were referred to the Chief Justice and 
the Head of State. Defendants could file appellate briefs with the 
Chief Justice. Special Courts operated in Darfur, as allowed under the 
state of emergency.
    Emergency tribunals, composed primarily of military judges, 
continued to try banditry cases, particularly in Darfur. Defendants 
were not permitted access to legal representation. The emergency 
tribunals ordered sentences such as death by stoning and amputations 
during the year. Sentences were carried out quickly, with only 1 week 
allowed for appeal to the district chief justice. Emergency tribunals 
ordered executions during the year. Unlike last year, there were no 
confirmed reports that persons were executed the day after sentencing.
    Lawyers who wished to practice were required to maintain membership 
in the government-controlled bar association. The Government continued 
to harass members of the legal profession who it viewed as political 
opponents; some were detained, including the Director of the Darfur 
Lawyers Association, Mohamed Adomo, who was later released.
    Civil authorities and institutions did not operate in parts of the 
rebel held South and the Nuba Mountains. Parts of the South and the 
Nuba Mountains fell outside effective judicial procedures and other 
governmental functions. According to credible reports, government units 
summarily tried and punished those accused of crimes, especially for 
offenses against civil order.
    Magistrates in SPLM/A held areas followed a penal code roughly 
based on the 1925 Penal Code. The SPLM has a judicial system of county 
magistrates, county judges, regional judges, and a court of appeals. 
While officials have been appointed for most of these positions, the 
court system did not function in many areas due to lack of 
infrastructure, communications, funding, and an effective police force. 
Some cases were heard at the magistrate and county levels. The SPLM 
recognized traditional courts or ``Courts of Elders,'' which usually 
heard matters of personal affairs such as marriages and dowries, and 
based their decisions on traditional and customary law. Local chiefs 
usually presided over traditional courts. Traditional courts 
particularly were active in Bahr el Ghazal. In rural areas outside 
effective SPLM control, tribal chiefs applied customary laws.
    There were reports of political prisoners. A considerable, but 
unknown, number of persons were imprisoned for political reasons but on 
ostensibly non-political charges.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The Constitution prohibits such actions; however, the 
Government routinely violated these rights in practice. Security forces 
frequently conducted night searches without warrants and targeted 
persons suspected of political crimes.
    Unlike in the previous year, there were no reports that security 
personnel routinely opened and read mail or monitored telephones, and 
there were no reports of government forces occupying political party or 
NGO offices.
    The Government continued to restrict the ownership of satellite 
dishes by private citizens through use of its licensing requirement; 
however, satellite dishes were widely available. A wide network of 
government informants conducted surveillance in schools, universities, 
markets, workplaces, and neighborhoods.
    Unlike in the previous year, there were no reports that the 
Government razed squatter and IDP dwellings in the oil producing 
regions or that government forces and allied militia pursued a scorched 
earth policy aimed at removing populations from the areas of the oil 
pipeline and oil production, as the cessation of hostilities largely 
held.
    Government armed forces and allied militias burned and looted 
villages and stole cattle (see Section 1.g.). The CPMT verified a 
number of incidents, including the March 8 looting of cattle and 
property and the torching of the local school in the village of Obei by 
government troops and affiliated militias.
    Fighting in Darfur destroyed hundreds of villages as well as cattle 
and other property. Both government-affiliated and rebel forces were 
guilty of looting and razing villages and IDP camps (see Section 1.g.).
    The Government continued forcibly to conscript citizens for 
military service, including high school age children (see Section 5).
    A Muslim man may marry a non Muslim, but a Muslim woman cannot 
marry a non Muslim, unless he converts to Islam (see Section 5); 
however, this prohibition was not observed or enforced universally, 
particularly in the South and among Nubians. Non Muslims may adopt only 
non Muslim children; no such restrictions apply to Muslim parents.
    The SPLM/A generally was not known to interfere with privacy, 
family, home, or correspondence in areas that it controlled; however, 
rebel factions continued forcibly to conscript citizens, including 
children of high school age. In Darfur, there were reports that 
opposition forces forcibly conscripted men and boys.
    Unlike in the previous year, there were no reports of the SPLA 
forcibly recruiting refugees in northern Uganda.

    g. Use of Excessive Force and Violations of Humanitarian Law in 
Internal and External Conflicts.--Since the civil war resumed in the 
South in 1983, fighting between the Government and insurgents, 
interethnic conflict, and famine has resulted in the death of more than 
2 million persons and displacement of more than 4 million persons, 
including at least 2 million in Khartoum alone. During the year, the 
war in the western region of Darfur widened.
    While all sides in Darfur violated international law and 
international humanitarian law, information available by September 9 
indicated that genocide had been committed in Darfur, and the 
Government and the jinjaweed bore responsibility. U.N. Security Council 
(UNSC) Resolution 1564 established a U.N. Commission of Inquiry to 
investigate whether or not genocide had been committed, and its report 
was expected in January 2005.
    The conflict in Darfur has roots in both government neglect of the 
region and ethnic tensions between nomadic pastoralists and sedentary 
farming communities, exacerbated by scarce resources and the 
Government's support of the nomad militias. The fighting intensified 
dramatically in 2003 and during the year when the SLA and JEM attacked 
government bases, and the Government intensified its support of the 
nomad militias. Reliable reports indicated that Government and Arab 
militia forces destroyed a large number of villages of African tribes, 
and there were tens of thousands of deaths. At year's end, there were 
more than 1.5 million IDPs in Darfur, and another 200,000 civilians 
fled into Chad where the U.N. High Commissioner for Refugees (UNHCR) 
coordinated a massive refugee relief effort. More than 70,000 people 
reportedly died as a result of the violence and forced displacement. 
The Government continued to support the largely Arab nomad militia, 
known as jinjaweed, which terrorized and killed civilians and burned, 
raped, and pillaged the region.
    Government and government-supported militias routinely attacked 
civilian villages, killing thousands. Typically, mounted jinjaweed 
forces, often in concert with regular government forces, conducted the 
attacks. Despite the Government's November commitment to refrain from 
aerial bombardment, helicopter gunships and Antonov bombers continued 
to support attacks against some villages, usually where rebel 
combatants were located. Some of the most serious aerial bombing 
attacks took place after November 9, many of which the Government 
either denied or claimed were defensive in nature. While some of that 
aerial attacks were conducted in support of military operations, 
credible NGO reported indicated that aerial attacks and pillaging by 
the jinjaweed were also conducted in areas vacated by opposition rebels 
and that many of the aerial attacks appeared to be indiscriminate. 
Victims and NGOs stated that, in the attacks, helicopters often used 
rockets (including flechette rounds) and cannon fire, usually against 
rebel forces, including those holding villages. Killings and rapes 
during these attacks were common.
    The press, AI, and HRW reported the following incidents: In 
February, there were reports of a government and jinjaweed coordinated 
an attack on Tawila, in which 67 persons were reportedly killed and 
numerous women raped. On March 19, there were credible reports that 
members of the armed forces and military intelligence arrested eight 
males from Jeway Kheen and put them in a military camp for 9 days 
before transferring them; their whereabouts were unknown. Also in 
March, members of the jinjaweed militia arrested and then killed 168 
individuals from 10 villages in Wadi Saleh Province in western Darfur. 
On May 24, a jinjaweed attack on a village south of Nyala killed 50 
civilians. On May 28, an Antonov airplane accompanied by two helicopter 
gunships bombed a crowded village near El Fashir, capital of South 
Darfur, killing 12 persons. According to AI, on July 12, a bombing 
attack by fixed-wing aircraft on the village of Donki Dereisa in South 
Darfur in support of an attack by government and jinjaweed forces 
resulted in approximately 150 deaths. In November and December, the 
pace of attacks and aerial bombings accelerated. On December 18, 
helicopter gunships supported a Government offensive against the rebel-
held South Darfur town of Labado, a town with a large humanitarian 
presence. Several humanitarian relief workers were killed during this 
period.
    Jinjaweed forces routinely raped women who ventured from IDP camps 
in search of wood or water. The Government made a limited effort to 
address the problem of sexual violence in Darfur (see Section 5). In 
February, the U.N. reported that members of the jinjaweed raped 41 
schoolgirls and teachers in an attack on Tawila. In June, jinjaweed 
militia raped 40 women from an IDP camp in Western Darfur. Effective 
responses by human rights and advocacy groups were occasionally 
hampered by intimidation and difficulties in accessing Darfur.
    All sides were responsible for violations of humanitarian law, 
often in an escalating cycle of retaliation. For example, on November 
20, 9 SLA members were ambushed between Tawila and Korma, which led to 
SLA attacks on Tawila that killed at least 14. The SLA attacks were 
followed by government attempts to retake the town, which included 
aerial bombardment of civilians.
    Cooperation with U.N.-sponsored relief operations was often 
inadequate, although there was some improvement. The Government 
initially hindered NGO access and ability to supply needed food and 
other resources. After a sustained campaign of international pressure, 
the Government improved humanitarian access considerably in all 
regions, particularly Darfur. Rebel forces and bandits also obstructed 
the flow of humanitarian assistance to the Darfur region and were 
responsible for attacks on humanitarian workers.
    An AU-led international monitoring force was present in Darfur; 
however, security remained a major problem, and reports of violence 
remained common at year's end.
    There were reports that the Government and government-supported 
militia tortured and beat persons suspected of supporting the rebellion 
in Darfur (see Section 1.c.).
    The rebel groups in Darfur were also responsible for numerous 
abuses during the year. For example, the AU CFC verified that, on 
August 22, SLA forces attacked the village of Gangbeda, injuring two 
persons and killing and injuring the villages' camels. In another AU-
documented incident, the SLA attacked 20 policemen, killing 5 and 
injuring 7 others. Rebels attacked commerce on the roads, including 
humanitarian aid shipments, and seized goods, vehicles, and persons. 
Rebel attacks against ``soft'' government targets, such as police 
stations, contributed to the rise in lawlessness.
    In the southern war zone, the SPLM/A controlled large areas of the 
states of Equatoria, Bahr el Ghazal, and Upper Nile and also operated 
in the southern portions of the states of Darfur, Kordofan, and Blue 
Nile. The Government controlled a number of the major southern towns 
and cities, including Juba, Wau, and Malakal. Military activity 
decreased due to the continuance of the cessation of hostilities first 
signed in 2002; however, there was an outbreak of violence in the 
Shilluk Kingdom in the spring (see Section 1.a.). All sides in the 
fighting were responsible for human rights abuses and violations. The 
SPLM/A and its northern allies controlled the border area with Eritrea 
and continued to occupy the symbolically important town of Hamesh 
Khoreb with units of the Beja Congress rebels. The Government continued 
efforts to strengthen its control of the oil-producing areas in western 
Upper Nile, partially by employing local militias.
    Government forces routinely killed, injured, and displaced 
civilians, and destroyed clinics and dwellings intentionally during 
offensive operations. There were confirmed reports that government-
supported militia intentionally attacked noncombatant civilians, looted 
their possessions, and destroyed their villages. For example, the CPMT 
verified a mid-March attack by government-aligned militia forces on the 
village of Pakang, west of Malakal. In another case, the CPMT 
determined that a government militia force entered the South Sudan 
National Park and killed civilians near the village of Mapel.
    During the violence in the Shilluk Kingdom (see Section 1.a.), 
government troops, government-affiliated militia, and government police 
attacked villages around Malakal and razed numerous villages, 
destroying as many as 700 homes, stealing cattle, and displacing tens 
of thousands of persons.
    There were no reports that the Government prosecuted or otherwise 
penalized attacking militias or made efforts to protect civilian 
victims from attacks; government forces provided logistic and 
transportation support, and weapons and ammunition to pro government 
militias throughout the country.
    The CPMT was located in Rumbek, Malakal, and Khartoum; it was 
staffed by experienced personnel, investigated numerous violations, and 
found that both sides committed human rights abuses.
    The CPMT substantiated numerous reports that government forces 
raped women throughout the South. There were also reports that 
government-affiliated militias, as well as SPLM/A forces, raped women 
during the year.
    Unlike in the previous year, there were no CPMT reports of 
sustained violence on the Bentiu-Adok Road.
    There was no further information regarding POWs once reported held 
in government-controlled areas. The Government did not acknowledge 
holding any POWs; the SPLM alleged that they were killed during the 
years of fighting.
    There were 15 death and 30 injuries attributed to landmines 
previously laid by the Government to protect garrison towns and from 
landmines left by the SPLM/A and its allies during the war. Other than 
one unconfirmed report, it appeared that no new mines were laid in the 
South. However, landmines were used in the Darfur conflict, and deaths 
resulted from landmines during the year. The U.N. Mine Action Service 
reported four mine incidents in Darfur during the year. In November, a 
landmine reportedly killed a government official during near the oil 
pipeline.
    The SPLM/A and allied insurgent forces displaced, killed, and 
injured civilians, raped women, and destroyed clinics and dwellings 
intentionally. For example, the CPMT reported that, on July 21, SPLA 
forces attacked civilians transporting bamboo through Malakal: Four 
persons were killed, three of them executed by shots to the head and 
chest.
    The SPLM/A, which has taken a number of POWs over the years, often 
cooperated with the International Committee of the Red Cross (ICRC), 
allowing them regular visits to the POWs (see Section 1.c.).
    There were credible reports of SPLM/A and SLA taxation and theft of 
relief supplies. The SPLM/A leadership repeatedly committed itself to 
eliminating these practices; however, in practice, it appeared unable 
consistently to enforce compliance with those commitments by its forces 
in the field.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The Constitution provides for 
freedom of thought, expression, and of the press ``as regulated by 
law''; however, the Government severely restricted these rights in 
practice. Government detentions, intimidation, and surveillance of 
journalists and suspensions of newspapers continued to inhibit open 
discussion of political issues, although such discussions did take 
place in public forums, particularly after mid-year. Journalists 
practiced self censorship, and the Government confiscated entire issues 
of newspapers if it objected to an article.
    There were a large number of daily newspapers, mainly in urban 
areas, and differing political views were reflected to some extent. 
Several newspapers also reprinted articles from the international 
press, some of which were critical of government policies. There was 
one formally government-controlled newspaper in Arabic and one in 
English, although security services also controlled other newspapers. A 
number of independent publications were under intensive scrutiny during 
the year and experienced intimidation, interruption, and arrest of 
their editors.
    The Government directly controlled radio and television and 
required that they reflect government policies. Television has a 
permanent military censor to ensure that the news reflected official 
views. During the year, the first private FM radio station began 
operating in Khartoum, broadcasting music. The Government often charged 
that the international, particularly the Western, media had an anti 
Sudan and anti Islam bias. Some foreign radio broadcasts were available 
in the country.
    In spite of the restrictions on ownership of satellite dishes, 
citizens had access to foreign electronic media; the Government did not 
jam foreign radio signals. In addition to domestic and satellite 
television services, there was a pay cable network, which directly 
rebroadcast uncensored foreign news and other programs.
    During the year, the Government eased restrictions on foreign 
journalists and allowed them access to Darfur. A few journalists and 
photographers were detained for taking pictures of slums, taking 
pictures without a license, or publishing news accounts unflattering to 
the Government; however, all were quickly released, and none were 
charged with any crimes.
    A number of journalists and editors were arrested and detained 
during the year. For example, on January 14, the editor of one 
newspaper was arrested and only released after paying $28,000 (SDD 7.28 
million), which the Government claimed was a tax. Security forces 
summoned the chief editor of Al-Sahafa, and the chief editor of Al-Wan 
was detained for 18 days during September. The Government commonly 
employed the tactic where state's attorneys summoned the editors of 
newspapers and detained them all day so that they could not do their 
work.
    There was no further information on journalist Yusuf al-Beshir 
Musa, whom security forces arrested in May 2003.
    The Government exercised control of news reporting, particularly of 
political topics, the war, and criticism of the Government--
particularly regarding government actions and policies in Darfur, 
through the National Press Council and security forces. Newspapers were 
prohibited from publishing articles about the war with the exception of 
information provided by the Ministry of Defense or official government 
statements. Nevertheless, the local press did report the findings of 
the CPMT investigations.
    The National Press Council, which was directly responsible to the 
President, applied the Press Law. It was charged with licensing 
newspapers, setting press policy, and responding to complaints. In the 
event of a complaint, it could warn a newspaper or suspend it for up to 
15 days. It also could suspend a newspaper indefinitely and suspend 
journalists for up to 2 weeks. The National Press Council consisted of 
21 members: 7 selected by the President; 5 from the National Assembly; 
7 directly elected by journalists from the Journalists' Union; and 2 
selected by the Journalists' Union leadership. Observers believed the 
Journalist's Union was government-controlled. The National Press 
Council suspended journalists and newspapers during the year.
    During the year, the National Security Office imposed restrictions 
on press freedom by suspending publications, confiscating already 
printed editions, conducting pre publication censorship, and 
restricting government advertising to pro government media only. 
Newspapers Al-Adwa, Al-Ayam, Al-Sahafa, al-Wan, and the Khartoum 
Monitor were targeted during the year. For example, in March, a court 
closed the Alazaminah Times for 3 days for publishing a report linking 
a government media official to the security forces; in September and 
October, two issues of Al-Adwa were confiscated; and the November 22 
issue of Alwan newspaper was confiscated. No newspapers remained closed 
at year's end.
    The Government did not restrict access to the Internet.
    The Government restricted academic freedom. In public universities, 
the Government appointed the vice chancellors, who were responsible for 
running the institutions. While many professors lectured and wrote in 
opposition to the Government, they exercised self censorship. Private 
universities were not subject to direct government control; however, in 
some cases, professors also exercised self censorship. The Government 
continued to determine the curriculum.
    The Government continued to harass university student groups. 
Although university students elected opposition parties' student 
unions, the Government harassed the student unions, took their files, 
destroyed their computers, and arrested and detained their members. On 
October 9, Khartoum University students burned down a building to 
protest a new identification policy to monitor certain students.
    The SPLM/A and the umbrella opposition National Democratic Alliance 
provided few opportunities for journalists to report on their 
activities. The SPLM/A restricted the freedom of speech among 
populations under its control.

    b. Freedom of Peaceful Assembly and Association.--The Constitution 
provides for freedom of assembly; however, the Government continued to 
severely restrict this freedom. All rallies and public demonstrations 
in the country are banned, and no permits were authorized or issued. 
The authorities generally permitted only government-authorized 
gatherings and routinely denied permission for or disrupted gatherings 
they perceived were politically oriented. The Government used the state 
of emergency as an excuse to restrict gatherings.
    Islamic orders associated with opposition political parties, 
particularly the Ansar (the Umma Party) and Khatimia (the Democratic 
Unionist Party or DUP) continued to be denied permission to hold large 
public gatherings during most of the year.
    Security forces used excessive force, including beatings, tear gas, 
and firing of live ammunition to disperse unapproved demonstrations. 
For example, in Khartoum, at least 10 persons were injured late in the 
year when riot police using tear gas and batons broke up a 
demonstration by students from Darfur, who were asking for an end to 
the violence there.
    No action was taken against security forces who used excessive 
force in 2003 or 2002.
    The Constitution provides for freedom of association; however, the 
Government severely restricted this right in practice. There were 20 
officially registered political parties; however, the law includes 
restrictions that effectively prohibit traditional political parties if 
they were linked to armed opposition to the Government. The Political 
Parties Act allows some formerly banned political parties to resume 
their activities; however, the parties were required to notify the 
registrar in writing to participate in elections. Observers believed 
that the Government controlled professional associations.
    The Government restricted diplomatic, international, and regional 
organizations' contact with local political organizations that the 
Government considered to be waging war against it.

    c. Freedom of Religion.--The Constitution provides for freedom of 
religion; however, in practice, the Government continued to place many 
restrictions on non-Muslims, non-Arab Muslims, and Muslims from tribes 
or sects not affiliated with the ruling party. The Government, which 
came into power in 1989 with a goal of Islamization, treated Islam as 
the state religion, declaring that Islam must inspire the country's 
laws, institutions, and policies. The three Naivasha Protocols signed 
on May 26 and the Nairobi Declaration of June 5 confirm the principle 
of freedom of religion and address how Islamic law (Shari'a) will be 
applied throughout the country, but they have not yet been implemented.
    There were reports that security forces harassed and at times 
threatened use of violence against persons on the basis of religious 
beliefs and activities, although it was sometimes unclear whether they 
were harassed for religious or political reasons.
    Religious organizations and churches were subject to the same 
restrictions placed on nonreligious corporations. Religious groups were 
supposedly required to register to be recognized or to assemble 
legally; however, in practice, registration reportedly was no longer 
necessary, and the churches, including the Catholic Church, have 
declared they are not NGOs and declined to register. Registered 
religious groups were supposed to be exempt from most taxes, but the 
churches reported that they remained subject to taxes and import 
duties.
    While, in general, non-Muslims were allowed to worship freely in 
their places of worship, religious minority rights were not protected, 
since the Government treated Islam as the state religion with an open 
policy of Islamization freely promulgated. Authorities continued to 
restrict the activities of Christians, followers of traditional 
indigenous beliefs, and other non Muslims, as well as certain Islamic 
groups.
    Some non-Muslim businessmen complained of petty harassment and 
discrimination in awarding of government contracts and trade licenses. 
There also were reports that some Muslims received preferential 
treatment regarding limited government services, such as access to 
medical care, and in court cases involving Muslim against non-Muslim. 
However, non-Arab Muslims and Muslims from tribes and sects not 
affiliated with the ruling party, such as in Darfur and the Nuba 
Mountains, stated that they were treated as second-class citizens and 
were discriminated against in government jobs and contracts in the 
North and government-controlled southern areas.
    The use and construction of houses of worship required government 
approval. Applications to build mosques generally were granted in 
practice; however, the process for applications to build churches was 
more difficult, and the last permit was issued around 1975. The 
Guidance and Endowment Minister stated that his ministry had granted 
permission for new places of worship but that the local authorities 
denied permission based on criteria developed for their areas, such as 
that no similar church may be within a certain radius of the proposed 
construction and that there be a minimum number of worshippers for that 
church in the locality.
    Under the Criminal Act, non Muslims may convert to Islam; however, 
conversion by a Muslim was punishable by death. In practice, 
authorities usually subjected converts to intense scrutiny, ostracism, 
and intimidation, and encouraged them to leave the country.
    Although some non-Muslims have converted to obtain or keep a job, 
for promotions and job advancement, or for other social services or 
benefits, there was no evidence of forced conversions during the year. 
Some church leaders said that security forces in the south, in an 
attempt to garner votes for the referendum on north-south unity 
scheduled to be held 6 years after the peace agreement is signed, were 
rewarding persons for converting to Islam.
    PDF trainees, including non Muslims, were indoctrinated in the 
Islamic faith. In prisons and juvenile detention facilities, government 
officials and government supported Islamic NGOs pressured and offered 
inducements to non Muslim inmates to convert. Some persons in the 
government controlled camps for IDPs reportedly at times were pressured 
to convert to Islam. Children, including non Muslim children, in camps 
for vagrant minors were required to study the Koran, and there was 
pressure on non Muslims children to convert to Islam. Unlike in 
previous years, there were no credible reports of abductions and forced 
conversion of children from Christian and other non-Muslim families.
    Christian religious workers, including priests and teachers, like 
almost all visitors, experience delays in getting visas to visit the 
country. The visas were generally issued, sometimes after very lengthy 
delays or after the person could no longer travel. The Government 
controlled the travel of all visitors to a number of conflict areas by 
refusing or delaying travel permit issuance.
    Muslims could proselytize freely in the government-controlled 
areas, but non Muslims were forbidden to proselytize.
    Children who have been abandoned or whose parentage was unknown 
regardless of presumed religious origin were considered Muslims and 
could be adopted only by Muslims.
    Unlike in the previous year, there were no reports that Islamic 
students abused non-Sudanese African students.
    In SPLM/A controlled areas, Christians, Muslims, and followers of 
traditional indigenous beliefs generally worshiped freely; however, 
many of the region's Muslim residents have departed voluntarily over 
the years. The SPLM officially favored secular government; however, 
Christians dominated the SPLM, and local SPLM authorities often had a 
very close relationship with local Christian religious authorities.
    For a more detailed discussion, see the 2004 International 
Religious Freedom Report.

    d. Freedom of Movement Within the Country, Foreign Travel, 
Emigration, and Repatriation.--The Constitution provides for these 
rights; however, the Government restricted these rights in practice.
    Movement generally was unhindered for citizens outside the war 
zones; however, travelers who failed to produce an identity card at 
checkpoints risked arrest. Foreigners needed permits for domestic 
travel outside of Khartoum, which could be difficult to obtain and were 
sometimes refused. Foreigners must register with the police on entering 
the country, obtain permission to move from one location to another, 
and re register at each new location within 3 days of arrival.
    Foreign NGO staffs had major problems obtaining entry visas as well 
as work or travel permits for Darfur. There were numerous reports of 
delays and restrictions being imposed. In mid-year, under international 
pressure, the Government eased these restrictions and, in most cases, 
issued visas within 48 hours, although there was still a notification 
requirement for those going to Darfur.
    Foreign diplomats could travel to many locations without a 
government escort but had to notify the Government of travel to Darfur, 
which at year's end was not blocked, although early in the year there 
had been some problems. Visitors were sometimes denied travel or their 
travel was deferred due to the Government's delays in granting travel 
authorization.
    The Government denied exit visas to some categories of persons, 
including policemen and physicians, and maintained lists of political 
figures and other citizens who were not permitted to travel abroad. For 
example, in November a member of Hassan al-Turabi's PNC was not allowed 
to travel to Kenya, and, in December, a DUP member was denied 
permission to travel.
    Women cannot travel abroad without the permission of their husbands 
or male guardians; however, this prohibition was not enforced strictly, 
especially for NC members.
    The law prohibits forced exile, and the Government did not use it. 
Opposition leaders remained in self imposed exile in Cairo, Asmara, and 
other locations during the year.
    The SPLM/A restricted freedom of movement among populations under 
its control. Citizens from the North or from government-controlled 
areas reportedly were denied permission to enter SPLM areas and were 
treated as foreigners. Insurgent movements in the South also required 
foreign NGO personnel to obtain permission before traveling to areas 
that they controlled; however, they generally granted such permission. 
NGO workers who have worked in government held areas encountered 
problems receiving permission to work or travel in insurgent held 
areas.
    There were estimates that up to 4 million persons were displaced 
internally due to the civil war. The U.N. estimated that at least 1.5 
million persons had been displaced by the conflict in Darfur and that 
another 200,000 had fled to Chad. Tens of thousands of persons, largely 
southerners and westerners displaced by famine and civil war, continued 
to live in squatter slums ringing Khartoum. Refugee International 
researchers estimated that more than 300,000 refugees and displaced 
persons returned home during the year.
    There were frequent reports of abuses committed against IDPs, 
including rapes, beatings, and attempts by the Government to forcibly 
return persons to their homes. The Government forcibly emptied some IDP 
camps; for example, on November 2, the Government closed two camps (Al 
Jeer and Otash), using tear gas to drive IDPs out. The Government 
stated that it merely was moving IDPs to newer, better camps. There 
also were numerous credible reports that government troops harassed 
IDPs or denied persons access to camps. On August 3, police reportedly 
removed 50 newly arrived men from Kalma camp. On August 5, 48 students 
who attempted to enter Kalma camp were arrested, detained, and then 
released. There were credible reports that the Government arrested 
Darfurian IDPs who spoke with foreign observers. In December, the 
Government publicly committed itself to the principle of voluntary 
relocation of IDPs in cooperation with the U.N. and NGOs, and the 
International Organization for Migration reported a few voluntary 
returns. The U.N. reported that IDPs lived in a climate of fear.
    The Government pressured IDPs to return home against their wishes. 
In one instance, foreign observers, visiting an IDP return site in Sani 
Deleiba set up by the Government, discovered that IDPs who had been 
forced home and promised assistance to rebuild their homes received two 
small bowls of sorghum and a piece of plastic sheeting.
    The UNHCR reported that there were approximately 572,000 Sudanese 
refugees in neighboring countries, largely due to the conflict in the 
South. The largest number was in Uganda, with approximately 223,000.
    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 generally provided protection against refoulement, the 
return of persons to a country where they feared persecution. The 
Government granted refugee status or asylum; however, there was no 
standard determination procedure, and there were reports of the forced 
return of refugees to their countries of origin. The Government 
cooperated with the UNHCR and other humanitarian assistance 
organizations in assisting refugees and asylum seekers and accorded 
refugees generally good treatment. The UNHCR reported that there were 
approximately 327,000 refugees in the country, primarily from Eritrea, 
Ethiopia, Chad, Uganda, the Democratic Republic of the Congo, and 
Somalia. Approximately 150,000 refugees were in camps, and the rest 
were scattered in urban areas throughout the country. The Government 
also provided temporary protection to individuals who may not qualify 
as refugees under the 1951 Convention/1967 Protocol; however, no 
statistics were available for the year.
    There were reports that government officials mistreated refugees, 
including through beatings and arbitrary arrests. Refugees could not 
become resident aliens or citizens, regardless of their length of stay. 
The Government allowed a large number of refugees to work.
    Improved security in the South due to the ceasefires increased the 
return of displaced populations into areas of origin that were severely 
affected by the war and lacked basic services. A number of refugees and 
displaced persons voluntarily returned to the country during the year, 
particularly to the Nuba Mountains region.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The Constitution provides citizens with the right to change their 
government peacefully; however, in practice citizens had no genuine 
opportunity to change their government. Presidential and parliamentary 
elections were held in 2000, and there were allegations of serious 
irregularities, including official interference, electoral fraud, 
inadequate opportunities for all voters to register, and inadequate 
election monitoring. All major opposition parties boycotted the 
election. President Bashir was elected to another 5 year term, and the 
NC/NIF won 340 out of 360 seats in Parliament in the deeply flawed 
process.
    In 1999, President Bashir disbanded the Parliament, suspended 
portions of the 1998 presidentially decreed Constitution, and decreed a 
state of national emergency, which suspended basic civil liberties. 
Parliament resumed in 2001; however, with 98 percent of the Parliament 
in the ruling NC Party, the Parliament did not act independently of the 
President. The state of emergency remained in effect at year's end, 
and, on December 21 Parliament voted to extend it for another year.
    The law allows the existence of political parties; however, the 
Government continued to routinely deny permission for and disrupt 
gatherings that it viewed as politically oriented (see Section 2.b.). 
Security forces arrested, detained, and on occasion, beat political 
opponents during the year (see Sections 1.c. and 1.d.). The major 
opposition political parties for the most part remained marginalized 
from the political process; however, as the peace negotiations 
progressed during the year, opposition parties became more vocal in 
their demand for inclusion, and the Government sought the support of 
some to add legitimacy to the agreements. Hassan al-Turabi's PNC 
remained a proscribed political organization.
    The Government continued summarily to dismiss military personnel as 
well as civilian government employees whose loyalty it considered 
suspect in a process called ``separation for public interest.'' 
Throughout the year, a number of military officers were fired because 
they were either from Darfur or did not support the ruling party 
strongly enough.
    The federal system of government was developing a structure of 26 
states, with governors and senior state officials appointed by the 
President. The Government described this strategy as a possible 
inducement to the rebels for accommodation through a principle of 
regional autonomy; however, southerners were underrepresented in the 
central Government, and local appointees were not universally viewed as 
representative of their constituencies.
    The NGO Transparency International reported a widespread perception 
of corruption.
    There were no laws providing for public access to government 
information.
    Women had the right to vote. There were 12 women in the 360 seat 
Parliament. There were two women in the Cabinet, two female State 
Ministers, and seven women on the Supreme Court.
    There were approximately 55 southerners in the 360 seat Parliament, 
and approximately 30 Christians in the Council of Ministers.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    Various local human rights groups were active in the country, but 
they suffered from occasional government harassment. The Government was 
generally uncooperative with and unresponsive to domestic human rights 
groups, and one human rights leader, Mudawi Ibrahim, has been detained 
twice.
    Events in Darfur brought heightened levels of scrutiny from 
international NGOs, which the Government often resisted, although it 
did allow a number of human rights groups to visit the country. The 
Government initially made it very difficult for NGOs to operate in 
Darfur by denying visas, holding up the clearance of equipment and 
supplies at customs, denying permission to travel within the country, 
and harassing the humanitarian community, although visa issuance and 
access for humanitarian workers improved somewhat later in the year. 
Rebel attacks on relief convoys continued, as did government ripostes.
    Access in the South continued to improve as the cessation of 
hostilities continued, although there were still some problems, notably 
in Southern Blue Nile.
    In October, AI visited the country, as did Human Rights Watch, 
which made its first visit to the country in 5 years. Both groups were 
allowed to travel throughout the country. The president of the ICRC 
visited the country twice and delivered to the Government and rebel 
leaders confidential reports on human rights violations and 
recommendations for addressing these violations.
    Rebels reportedly abducted NGO workers in Darfur. On October 10, a 
mine explosion killed two Save the Children staff members who were 
driving in Darfur. In December, rebels executed two other NGO workers 
at a roadblock near Nyala. In mid-December, three female Save the 
Children national staff were raped and their four male colleagues were 
beaten.
    The U.N. also sent a number of different teams to the country to 
investigate the human rights situation and events in Darfur. The U.N. 
High Commissioner for Human Rights and the U.N. Secretary-General's 
Special Representative for the Prevention of Genocide visited the 
country, and the office of the UNHCR deployed monitors to Darfur. A 
UNSC Resolution created an International Commission of Inquiry to 
investigate events in Darfur; the team began its mission in Khartoum on 
November 7 and was carrying out its mandate at year's end.
    The Human Rights Advisory Council, a government body composed of 
representatives of human rights offices in 22 government ministries and 
agencies whose rapporteur was the Solicitor General for Public Law, was 
charged with investigating human rights complaints. The Council took no 
known actions during the year.
    The National Assembly has a broadly representative human rights 
committee, which had responsibility for investigating and reporting on 
human rights abuses to the Assembly. There was no information on 
reports or recommendations it made during the year.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The Constitution prohibits discrimination based on race, sex, or 
religious creed; however, discrimination against women and ethnic 
minorities continued. Mechanisms for social redress, particularly with 
respect to violence against women and children, were ineffective.

    Women.--Violence against women was a problem; however, since 
reliable statistics did not exist, its prevalence was unknown. Many 
women were reluctant to file formal complaints against such abuse, 
although it was a legal ground for divorce. The police normally did not 
intervene in domestic disputes.
    Displaced women from the South were vulnerable to harassment, rape, 
and sexual abuse. The Government did not address the problem of 
violence against women, nor was it discussed publicly. The punishment 
for rape under the Criminal Act varies from 100 lashes to 10 years 
imprisonment to death. In most cases, convictions were not publicized; 
however, observers believed that sentences often were less than the 
maximum provided for by law. Pregnant unmarried women and young girls 
were convicted during the year of adultery (see Section 1.c.).
    Women in Darfur were particularly vulnerable. Credible reports of 
rape were widespread. There were many reports of women who were raped 
if they left their IDP camps to gather food or wood. The Government was 
slow to acknowledge the severity of the problem, although it eventually 
appointed a commission to investigate rape allegations. The commission 
was neither active nor effective in stopping assaults against women. 
The problem was exacerbated because local authorities often required 
rape victims to file a police report before they could receive medical 
treatment, despite an August 21 decree that waived the requirement. 
U.N. and NGO sources confirmed that the decree was not regularly 
observed. Women distrusted the police and rarely filed a police report.
    FGM remained widespread, particularly in the North, although it was 
becoming less common as a growing number of urban, educated families 
abandoned the practice. Unlike in the previous year, there were no 
reports that women displaced from South to North imposed FGM on their 
daughters. Some families, in a compromise with tradition, adopted the 
least severe form of FGM, ``sunna,'' as an alternative to infibulation. 
No form of FGM was illegal under the Criminal Code; however, the health 
law forbade doctors and midwives from performing infibulation. The 
Government did not support FGM and actively campaigned against it, as 
did the SPLM in its zone of control. One local NGO worked to eradicate 
FGM.
    Prostitution is illegal but widespread.
    Trafficking in women remained a problem but declined in scope 
during the year (see Section 5, Trafficking).
    The law prohibits sexual harassment; however, such harassment 
reportedly occurred, although reliable statistics were not available.
    Some aspects of the law discriminated against women, including many 
traditional law practices and certain provisions of Shari'a as 
interpreted and applied by the Government. In accordance with Islamic 
law, a Muslim woman has the right to hold and dispose of her own 
property without interference, and women are ensured inheritance from 
their parents. However, a widow inherits one-eighth of her husband's 
estate; of the remaining seven-eighths, two-thirds goes to the sons and 
one-third to the daughters. It is much easier for men than for women to 
initiate legal divorce proceedings.
    Because, under Islamic law, a non-Muslim woman is viewed as taking 
on the religion of her husband at marriage, a Muslim man may marry a 
Christian or Jew, and their children will be considered Muslim. The 
same is not true for a Muslim woman, who cannot legally marry a non-
Muslim unless he converts to Islam. Since traditionalist marriages are 
not licensed or recognized as official by the State, this prohibition 
usually was neither observed nor enforced in areas of the South not 
under government control or among Nubans (most of whom are Muslims).
    Women cannot travel abroad without the permission of their husbands 
or male guardians; however, this prohibition was not enforced strictly, 
particularly for NC members.
    Women generally were not discriminated against in the pursuit of 
employment; however, women were not allowed to work after 10 p.m., in 
theory limiting their employment opportunities. Nonetheless, many women 
did work after 10 p.m., and in official positions such as airport 
security. Women were accepted in professional roles. More than half the 
professors at Khartoum University were women.
    Various governmental bodies have decreed that women must dress 
modestly according to Islamic standards, including wearing a head 
covering; however, in general, police rarely enforced such decrees. 
Women often appeared in public wearing trousers or with their heads 
uncovered. These acts violated regulations against indecency, but the 
POP generally only issued warnings for improper dress.
    A number of women's groups were active, focusing on a wide range of 
social and economic issues.

    Children.--The Government's commitment to children's rights and 
welfare was uneven. Education was compulsory through grade eight; 
however, according to UNICEF, approximately half of school age children 
attended primary school. There were wide disparities among states and 
some gender disparity especially in the eastern and western regions; 
for example, enrollment was 78 percent in Khartoum State and only 26 
percent in South Darfur State. In the North, boys and girls generally 
had equal access to education (50 percent and 47 percent, 
respectively), although girls were more affected by early marriage and 
the fact that many families with restricted income choose to send sons 
and not daughters to school.
    Although there was little data on enrollment rates, it was 
estimated that the vast majority of the school age children of IDPs 
were not receiving an education because of inadequate facilities or 
because they could not afford the fees. Nomadic groups also were 
disadvantaged. In the urban areas of the South, primary school age 
children in basic education were estimated at 68 percent of all boys 
and 67 percent of all girls. The Government officially required that 
young men between the ages of 17 and 19 enter military or national 
service to be able to receive a certificate upon leaving secondary 
school; the certificate was a requirement for entry into a university. 
More than 60 percent of university students were women, in part, 
because men were conscripted for war.
    There were significant inequalities in access to health services 
for children living in different areas of the country. UNICEF reported 
the under-5 mortality rate at 93 per 1,000 and the rate of low 
birthweight at 31 percent.
    The Government operated camps for vagrant children called 
reformation camps. Police typically sent homeless children who had 
committed crimes to these camps, where they were detained for 
indefinite periods. Health care and schooling at the camps generally 
were poor, and basic living conditions often were primitive. All of the 
children in the camps, including non Muslims, must study the Koran, and 
there was pressure on non Muslims to convert to Islam (see Section 
2.c.). Male teenagers (and, in the South, some girls) in the camps 
often were conscripted into the PDF. Conscripts faced significant 
hardship and abuse in military service, often serving on the frontline. 
There were reports that abducted, homeless, and displaced children were 
discouraged from speaking languages other than Arabic or practicing 
religions other than Islam.
    FGM was performed frequently on girls (see Section 5, Women).
    A large number of children suffered abuse, including abduction, 
enslavement, and forced conscription (see Sections 1.b., 5, 
Trafficking, and 6.c.). The Government and government-allied militias 
forcibly conscripted young men and boys into the military forces to 
fight in the civil war. Unlike in the previous year, there were no 
reports that the South Sudan Unity Movement conscripted boys.
    Although rebel factions forcibly conscripted citizens, including 
children, the SPLM/A also continued to demobilize child soldiers.
    The ICRC cooperated with UNICEF to remove child soldiers from the 
South.

    Trafficking in Persons.--Although the law does not prohibit 
specifically trafficking in persons, the Constitution specifically 
prohibits slavery and forced labor; however, there were reports that 
persons were trafficked from and within the country. There were fewer 
reports during the year that government and government-supported 
militias abducted women for use as domestic servants, forced labor, or 
concubines (forced marriages) due to the continuation of the North-
South cessation of hostilities.
    In addition to constitutional provisions, there are laws 
criminalizing specific conduct mentioned by the U.N. Protocol to 
Prevent, Suppress and Punish Trafficking in Persons. Criminal law 
(Shari'a) and the State of Emergency Law prohibit all forms of sexual 
exploitation. Penalties include fines and imprisonment; however, no 
prosecutions took place under these laws during the year.
    Unlike in previous years, there were no credible reports that 
children were transported to the Persian Gulf to be used as jockeys in 
camel races or as laborers.
    There were credible reports that intertribal abductions of women 
and children continued in the South. Victims frequently became part of 
the new tribal family, with most women marrying into the new tribe; 
however, some victims were used for labor or sexual purposes. As 
intertribal fighting in the South decreased, the number of abductions 
also appeared to decline. The Government acknowledged that abductions 
occurred and that abductees were sometimes forced into domestic 
servitude and sexual exploitation. The CEAWAC and its 22 Joint Tribal 
Committees investigated abduction cases and sought to facilitate the 
safe return of victims. The CEAWAC documented 764 abduction cases in 
2003 and reunified 196 abductees with their families.
    During the past 19 years, the Lord's Resistance Army (LRA) 
kidnapped more than 20,000 Ugandan children, took them back to the 
southern part of Sudan, and forced them to become sex slaves, pack 
animals, or soldiers. Many of them have been killed. The Government 
permitted the Ugandan army access to the South to pursue the LRA. 
Although Ugandan military operations significantly reduced LRA numbers, 
the LRA continued to operate in the South and to hold child abductees.

    Persons With Disabilities.--The Government did not discriminate 
against persons with disabilities but has not enacted any special 
legislation for persons with disabilities, such as mandating 
accessibility to public buildings and transportation. The law requires 
equal educational opportunities for persons with disabilities.

    National/Racial/Ethnic Minorities.--The population was a multi-
ethnic mix of more than 500 Arab and African tribes with numerous 
languages and dialects. Northern Muslims, who formed a majority of 
approximately 16 million persons, traditionally dominated the 
Government. The southern ethnic groups fighting the civil war (largely 
followers of traditional indigenous religions or Christians) numbered 
approximately 6 million. Although an oversimplification, the fighting 
in Darfur has been characterized in racial terms, as Arab Muslims 
against black African Muslims (see Section 1.g.).
    The Muslim majority and the Government continued to discriminate 
against ethnic minorities in almost every aspect of society. Citizens 
in Arabic speaking areas who did not speak Arabic experienced 
discrimination in education, employment, and other areas.
    There were occasional reports of intertribal abductions of women 
and children in the South, primarily in the eastern Upper Nile. The 
abductions were part of traditional warfare in which the victor took 
women and children as a bounty and frequently tried to absorb them into 
their own tribe. There were traditional methods of negotiating and 
returning the women who were taken in these raids. Many of these women 
were raped and ``chose'' to ``marry'' their abductors, rather than 
return home where they would be stigmatized.
    There were deaths in conflicts between ethnic groups, such as 
continued fighting between Dinka and Nuer or among Nuer tribes.

    Other Societal Abuses and Discrimination.--Homosexuality is a 
crime, but no one has been convicted on the charge.

    Incitement to Acts of Discrimination.--The Government and 
government supported militias actively promoted hatred and 
discrimination, using standard propaganda techniques to incite tribal 
violence.
Section 6. Worker Rights
    a. The Right of Association.--The Constitution provides for the 
right of association for economic and trade union purposes; however, 
the Government denied this right in practice. The Trade Union Act 
established a trade union monopoly in the Government. Only the 
government-controlled Sudan Workers Trade Union Federation (SWTUF) can 
function legally, and all other unions were banned. The Government 
prescribed severe punishments, including the death penalty, for 
violations of its labor decrees. The International Labor Organization 
has frequently noted that the situation of trade union monopoly is 
contrary to the principles of freedom of association. The International 
Confederation of Free Trade Unions continued to recognize the 
``Legitimate'' Sudan Workers Trade Union Federation (SWLTUF)--the 
national trade union center that functioned prior to the ban--which 
operated in exile.
    Unlike in the previous year, there were no reports that union 
leaders were detained.
    The law does not prohibit anti union discrimination by employers.

    b. The Right to Organize and Bargain Collectively.--The Labor Code 
denies trade unions autonomy to exercise their basic right to organize 
or to bargain collectively. The Labor Code defines the objectives, the 
scope of their activities, and their organizational structures and 
alliances. Union funds were the control of the auditor general.
    Labor organizing committees have the right to organize and bargain 
collectively; however, in practice, government control of the steering 
committees meant that the Government dominated the process of setting 
wages and working conditions. A tripartite committee comprising 
representatives of the Government, the government-controlled SWTUF, and 
business set wages. The continued absence of labor legislation allowing 
for union meetings, the filing of grievances, and other union activity 
greatly reduced the value of these formal rights. Local union officials 
raised some grievances with employers, although few raised them with 
the Government. There were credible reports that the Government 
routinely intervened to manipulate professional, trade union, and 
student union elections (see Section 2.a.).
    Specialized labor courts adjudicated standard labor disputes; 
however, the Ministry of Labor has the authority to refer a dispute to 
compulsory arbitration.
    Strikes were considered illegal unless the Government granted 
approval, which has never been given. In most cases, employees who 
tried to strike were subject to employment termination; however, 
workers who went on strike during the year were not terminated.
    There is one export processing zone located in Port Sudan, which is 
exempt from regular labor laws.

    c. Prohibition of Forced or Compulsory Labor.--The Constitution 
prohibits forced or compulsory labor, including by children; however, 
there were reports that such practices continued (see Sections 5 and 
6.d.). Unlike in previous years, credible sources indicated that 
slavery did not appear to be a significant problem.
    The Government continued to deny that slavery and forced labor 
existed, but CEAWAC acknowledged that abductions had occurred (see 
Sections 1.b. and 5).
    Both the Government and rebel factions continued to conscript men 
and boys forcibly into the fighting forces (see Section 5).
    The SPLM/A and affiliated forces continued to force southern men to 
work as laborers or porters.

    d. Prohibition of Child Labor and Minimum Age for Employment.--The 
Constitution provides that the Government protects children from 
exploitation; however, the Government did not enforce the provisions, 
and child labor was a serious problem. Although the legal minimum age 
for workers was 18 years, the law was not enforced in practice. Young 
children worked in a number of factories, and severe poverty produced 
widespread child labor in the informal and rural farming economy.
    There were reports that children were forcibly conscripted (see 
Section 5).
    Child labor existed in SPLM/SPLA held areas, particularly in the 
agricultural sectors. Child labor in such areas was exacerbated by lack 
of schools, extreme poverty, and the lack of an effective legal minimum 
age for workers.

    e. Acceptable Conditions of Work.--In April, the Ministry of Labor 
and Administrative Reform, the Sudanese Businessmen, and Employers 
Federation, and the SWTUF agreed to raise the minimum wage to $48 (SDD 
12,500) per month. The Ministry of Labor, which maintained field 
offices in most major cities, was responsible for enforcing the minimum 
wage, which employers generally respected. Workers who were denied the 
minimum wage could file a grievance with the local Ministry of Labor 
field office, which then was required to investigate and take 
appropriate action. There were reports that some workers, including 
postal and health workers, were not paid their regular wages. The 
Central Bank failed to pay severance pay to fired workers who sued in 
court for their severance pay. At year's end, they still had not been 
paid.
    The workweek was limited by law to an 8 hour day, with a day of 
rest on Friday, which generally was respected. For manual laborers, 
there were limits on the number of hours worked per week and provisions 
for premium pay for work above the standard workweek.
    Although the laws prescribe health and safety standards, working 
conditions generally were poor, and enforcement by the Ministry of 
Labor was minimal. The right of workers to remove themselves from 
dangerous work situations without loss of employment is not recognized.
    Legal foreign workers had the same labor rights as domestic 
workers. Illegal workers had no such protections and, as a result, 
typically worked for lower wages in worse conditions than legal 
workers. Southern IDPs generally occupied the lowest paying occupations 
and were subject to economic exploitation in rural and urban industries 
and activities.

                               __________

                               SWAZILAND

    Swaziland is a modified traditional monarchy with executive, 
legislative, and limited judicial powers ultimately vested in the King 
(Mswati III). The King ruled according to unwritten law and custom, in 
conjunction with a partially elected parliament and an accompanying 
structure of published laws and implementing agencies. Municipal 
elections during the year and 2003 parliamentary elections increased 
representative government; however, political power continued to rest 
largely with the King and his circle of traditional advisors, including 
the Queen Mother. The judiciary was generally independent; however, the 
King and other government officials infringed on the judiciary's 
independence by attempting to influence or reverse court decisions.
    Both the Umbutfo Swaziland Defense Force and the Royal Swaziland 
Police are responsible for external and internal security. The police 
are under the authority of the Prime Minister, while the Defense Force 
reports to the Ministry of Foreign Affairs. Some communities questioned 
the ability of the police to operate effectively at the community level 
and have formed community police. Civilian authorities maintained 
effective control of the security forces. Some members of the security 
forces and the community police committed numerous human rights abuses.
    The country had a free market economy, with relatively little 
government intervention; its population was approximately 1.1 million. 
The majority of citizens were engaged in subsistence agriculture and 
the informal marketing of agricultural goods, although a relatively 
diversified industrial sector accounted for the largest component of 
the formal economy. Unemployment continued to grow and over 40 percent 
of the working age population was unemployed or underemployed. The 2003 
gross domestic product growth rate was 2.2 percent. A 3-year drought 
and HIV/AIDS rate of approximately 40 percent had a severe negative 
impact on economic conditions.
    The Government's human rights record was poor, and the Government 
continued to commit serious abuses. Citizens were not able to change 
their government peacefully. There were a few instances of arbitrary 
killings by security forces. Police used excessive force on some 
occasions, and police tortured and beat some suspects. Lengthy pretrial 
detention and police impunity were problems. The Government infringed 
on citizen's privacy rights. The Government continued to limit freedom 
of speech and of the press. The Government restricted freedom of 
assembly and association and prohibited political activity. The police 
on several occasions harassed political activists. There were some 
limits on freedom of movement. Legal and cultural discrimination, 
violence against women, and abuse of children remained problems. 
Trafficking in persons occurred. Some societal discrimination against 
mixed race and white citizens persisted. Worker rights remained 
limited.
                        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 of arbitrary killings by security 
forces.
    For example, on May 21, Mandla Mathousand Ngubeni, who was in 
police custody in Matsapha on suspicion of stealing money from his 
workplace, died after police allegedly tortured and suffocated him. 
Following complaints from Ngubeni's family, the Prime Minister 
appointed a senior magistrate to conduct an inquest into the death. The 
Magistrate passed her findings to the Prime Minister's Office, but they 
had not been made public by year's end.
    On October 28, soldiers on patrol near Matsamo border crossing shot 
and killed two unarmed brothers who fled when the soldiers discovered 
they were trying to smuggle an automobile across the border. The police 
were investigating the incident at year's end.
    On December 13, soldiers near the Lundzi border post shot and 
killed a suspect trying to smuggle an automobile into the country.

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

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The law does not specifically prohibit such practices, 
although under the Prisons Act correctional facility officers may be 
prosecuted if they engage in such practices; however, government 
officials employed them. Security forces used torture during 
interrogation and abused their authority by assaulting citizens and 
using excessive force in carrying out their duties.
    There were credible reports that police beat criminal suspects and 
occasionally used the ``tube'' style of interrogation, in which police 
suffocate suspects through the use of a rubber tube around the face and 
mouth. According to media reports, police used the Kentucky method of 
interrogation in which the arms and legs of suspects are bent and tied 
together with rope or chain, and then the person is beaten.
    On May 31, during a class boycott at Ndwandwe High School in 
Mankayana, police detained seven students for several hours and beat 
them. As a result, some of the students received hospital treatment. In 
June, a man complained in court that after his arrest for allegedly 
attacking a policeman, other police officers beat him severely in the 
groin.
    There was no action taken against members of the security forces 
responsible for the 2003 beating of a Swaziland Federation of Trade 
Unions (SFTU) member or 2002 beating of a woman accused of theft.
    Police also banned and forcibly dispersed demonstrations (see 
Section 2.b.).
    Government prisons and detention centers remained overcrowded, and 
conditions were generally poor. The application of a decree denying 
bail for a variety of offenses resulted in the continued overcrowding 
and other unfavorable conditions in facilities where suspects were held 
during pretrial detention (see Section 1.d.). There were reports that 
torture, lack of basic hygiene, and unsafe sexual practices, including 
forced sexual intercourse, were spreading HIV/AIDS among the prisoners.
    Women were held in separate prison facilities, and there was one 
juvenile detention facility in Mdutjane; however, at times children 
(age 3 and under) of female inmates lived with their mothers in the 
women's prison. Unlike in the previous year, there were no reports that 
male guards forced female prisoners to have sex.
    The Government routinely permitted prison visits by diplomats, 
journalists, human rights monitors, and representatives of 
international organizations. During the year, the local Red Cross 
visited several prisons.

    d. Arbitrary Arrest or Detention.--The law prohibits arbitrary 
arrest and detention; however, arbitrary arrest and lengthy pretrial 
detention were problems.
    The police force was generally professional; however, it suffered 
from a lack of resources and personnel, as well as bureaucratic 
inefficiency. There were credible allegations that the force was 
susceptible to political pressure. The Government generally failed to 
prosecute or otherwise discipline police officers for abuses. No 
independent body had the authority to investigate police abuses; 
however, an internal complaints and discipline unit investigated 
reports of human rights abuses by the police but did not release these 
results to the public. Courts have invalidated confessions induced 
through physical abuse and have ruled in favor of citizens assaulted by 
police.
    The law requires warrants for arrests, except when police observe a 
crime being committed or believe that a suspect might flee. Detainees 
may consult with a lawyer of their choice and must be charged with the 
violation of a statute within a reasonable time, usually 48 hours, or, 
in remote areas, as soon as the judicial officer appears.
    Although the courts have invalidated the Non-Bailable Offenses 
Order the Government continued to limit the provisions for bail for 
crimes appearing in it. The Minister of Justice may amend the list by 
his own executive act. The mere charge of the underlying offense, 
without any evidence that the suspect was involved, was sufficient to 
employ the non-bailable provision. The non-bailable offense provision 
exacerbated ongoing judicial problems such as lengthy pretrial 
detention, the backlog of pending cases, and detention center 
overcrowding. During the year, police continued to detain suspects even 
though they had paid bail; however, by year's end, all suspects who had 
posted bail had been released. Some suspects were held in pretrial 
detention for periods that exceeded their sentence.
    Arbitrary arrest was a problem.
    There were no developments in the 2002 detention of a young woman 
and the grandfather of Chief Mtfuso.
    Lengthy pretrial detention was common, sometimes lasting for 
several years. The police justify pretrial detention on the basis that 
they are collecting evidence of the crime and releasing the detainee 
would allow the person to influence witnesses.

    e. Denial of Fair Public Trial.--The law provides for an 
independent judiciary; however, the King has certain judicial powers, 
and government officials, including the King, the Prime Minister, the 
Minister of Justice and Constitutional Affairs, and the traditional 
governor of the royal family infringed on the judiciary's independence 
by attempting to influence or reverse court decisions. High Court 
judges resisted pressure to yield any powers to those outside the 
judiciary; however, the Government often ignored judgments that did not 
favor them. For example, the Government refused to release from 
detention some suspects who had paid their bail (see Section 1.d.).
    On May 4, the industrial court reinstated the Clerk of Parliament, 
who in 2002 had been transferred to the Ministry of Agriculture and 
stripped of his administrative power by the Prime Minster. The Clerk 
resumed his duties in June.
    In November, after meetings between the judges of the Court of 
Appeals and the Prime Minister and Minister of Justice, and the Prime 
Minister's public statement on September 1 that the Government would 
respect the Court's judgments, the judges of the Court of Appeals 
resumed their functions. The judges had all resigned in 2002 after the 
Government declared that it would disregard the Court's ruling that 
held that King Mswati had no authority to rule by decree until a new 
constitution was put in place. When the Court of Appeals was 
reconstituted on November 10, it immediately threatened not to hear 
cases as the Government had not complied with a 2002 court decision to 
return 200 residents evicted from 2 chiefdoms (see Section 1.f.). 
However, once the Minister of Justice agreed to the return of the 
evictees on November 11, the Court of Appeals resumed hearing cases 
even though the first evictee did not return until the end of November 
and the remaining evictees had not returned by year's end.
    The case against the Director of Public Prosecutions (DPP) for 
obstruction of justice in connection with his involvement in a car 
accident several years ago was pending before the High Court at year's 
end. The Government charged the DPP after he brought obstruction of 
justice and sedition charges against the Attorney General based on his 
attempted coercion of the High Court judges.
    Judicial powers are vested in a dual system, one based on Western 
law, the other based on a system of national courts that followed 
unwritten traditional law and custom. In treason and sedition cases, 
the King can circumvent the regular judiciary by appointing a special 
tribunal, which may adopt rules and procedures different from those 
applied in the High Court; however, this power has not been used since 
1987.
    The Western-type judiciary consists of the Court of Appeals 
(composed entirely of expatriate, usually South African, judges), the 
High Court, and magistrate courts, all of which are claimed to be 
independent of executive and military control; however, the November 
events regarding the eviction case showed that the Royal family still 
does not always respect the Court of Appeals' rulings. The evictees 
were permitted to return not because of the court's ruling, but rather 
because they finally agreed to accept the King's (by then deceased) 
representative as chief. The expatriate judges serve on 2-year 
renewable contracts; local judges serve indefinitely with good 
behavior. In magistrate courts, defendants are entitled to counsel at 
their own expense. Court-appointed counsel is provided in capital cases 
or when difficult points of law are at issue. There is no trial by 
jury. There are well-defined appeal procedures up to the Court of 
Appeals, the highest judicial body. A lack of an independent court 
budget, lack of trained manpower, inadequate levels of salary 
remuneration, and poor casework management remained problems for the 
judiciary.
    Most citizens who encountered the legal system did so through the 
traditional courts. The authorities may bring residents of the country 
to these courts for minor offenses and violations of traditional law 
and custom. In traditional courts, defendants are not permitted formal 
legal counsel but can speak on their own behalf, call witnesses, and 
are assisted by informal advisors. Sentences are subject to review by 
traditional authorities and can be appealed to the High Court and the 
Court of Appeals. The public prosecutor legally has the authority to 
determine which court should hear a case, but in practice the police 
usually made the determination. Accused persons have the right to 
transfer their cases from the traditional courts. Prolonged delays in 
trials were common.
    The King appoints traditional chiefs. Chiefs' courts have limited 
civil and criminal jurisdiction and are authorized to impose fines up 
to approximately $50 (300 emalangeni), and prison sentences of up to 3 
months; however, chiefs' courts only were empowered to administer 
customary law ``insofar as it is not repugnant to natural justice or 
morality,'' or inconsistent with the provisions of any law in force. 
Accused persons are required to appear in person without representation 
by a legal practitioner or advocate, but the defendant may appeal the 
court's decision.
    There were no reports of political prisoners.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The law requires a warrant from a magistrate before 
police may search homes or other premises; however, at times police did 
not respect this requirement. Police officers with the rank of sub-
inspector or higher have the authority to conduct a search without a 
warrant if they believe that evidence might be lost through the delay 
in obtaining a warrant. Searches without warrants occurred. For 
example, in February, police officers stopped and searched the vehicles 
of approximately 30 members of the People's United Democratic Movement 
(PUDEMO) who were returning from a Women's League Congress in South 
Africa. The police confiscated some documents.
    There were instances of physical surveillance by the police on 
members of labor unions and banned political groups. For example, on 
May 1, police and military used video cameras to record meetings of 
union members.
    Despite an order issued by the Court of Appeals in 2002, the 
Government continued to block the return of residents of kaMkhweli and 
Macetjeni, who were evicted for refusing to transfer their allegiance 
from their traditional chiefs to Prince Maguga, a brother of the King, 
who claimed authority over the two areas in 2002. On three occasions 
during the year, police prevented Macetjeni evictee Madeli Fakudze, 
brother to one of the deposed chiefs, from returning to his home. 
Following the Justice Minister's statement on November 11 that the 
evictees were free to return, Madeli Kakudze went to his home. Police 
re-evicted him 2 days later. Fakudze appealed to the King, who ordered 
that Fakudze be allowed to return to his home. Fakudze did so in late 
November. The Government said it would allow all 200 evictees to return 
in phases; by year's end, only 1 evictee had returned.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and the Press.--The law does not provide for 
freedom of speech or of the press, and the Government limited these 
rights in practice. The Government also discouraged critical news 
coverage of the royal family, and journalists practiced self-censorship 
in regard to the immediate royal family and national security policy.
    There was one daily independent newspaper and one daily newspaper 
owned by Tibiyo Taka Ngwane, the King's investment company. Both 
newspapers covered a wide variety of sensitive topics and criticized 
government corruption, inefficiency, and waste; however, the Government 
used the same media to rebut such allegations. With some exceptions, 
the Government continued to withhold its advertising from the 
independently owned daily newspaper.
    There were two government-owned radio stations and one independent 
radio station, which broadcast religious programs. There was a 
privately owned television station, which was officially independent; 
however, the owner's mother is the daughter of the previous king, 
Sobhuza, and its reporting favored the status quo. The government-owned 
television and radio stations, the most influential media in reaching 
the public, generally followed official policy positions. Government 
broadcast facilities retransmitted Voice of America and British 
Broadcasting Corporation news programs in their entirety.
    Private companies and church groups owned several newsletters and 
magazines.
    The editors and owners of the largest daily newspaper, the Times of 
Swaziland (TOS), have on several occasions been summoned to one of the 
royal residences where they were required to explain news articles or 
editorials deemed to be disrespectful of the monarchy. These visits 
have usually been followed by retractions or apologies from the TOS. In 
July, a TOS reporter was physically attacked by a senator and her 
husband after the reporter implicated her in an extramarital affair. 
The senator's husband detained the reporter in his car and then 
released him after the reporter agreed not to follow up on the story.
    The Government did not restrict access to the Internet.
    The practice of self-censorship and the prohibition on political 
gatherings restricted academic freedom by limiting academic meetings, 
writings, and discussion on political topics.

    b. Freedom of Peaceful Assembly and Association.--The law does not 
provide for freedom of assembly, and the Government restricted this 
right in practice. A decree prohibits meetings of a political nature, 
processions, or demonstrations in any public place without the consent 
of the Commissioner of Police. The authorities routinely withheld 
permission to hold such meetings.
    During the year, the police forcibly dispersed several 
demonstrations and meetings. On September 23, during the celebration of 
the 21st anniversary of the PUDEMO, police detained six PUDEMO members 
for 3 hours and beat six others, who were treated at a nearby clinic 
for their injuries. On October 16, in Macetjeni, the Operational 
Support Service, a special police unit, used stun grenades to disperse 
a crowd of 200 who were attending a prayer service organized to honor 
Macetjeni residents evicted in 2002 (see Section 1.f.).
    During the year, police harassed, arrested, and disrupted the 
meetings of prodemocracy activists and members of banned political 
parties. On April 17, police halted a procession in support of human 
rights in Big Bend, organized by the Swaziland Agricultural Plantations 
Union and the National Constitutional Assembly, a nongovernmental 
organization (NGO) that advocates separation of powers and observance 
of human rights. On June 24, police arrested and questioned a leader of 
the banned Ngwane National Liberatory Congress Women's Wing, and seized 
protest signs displayed inside the Bosco Skills Center in Manzini 
during ceremonies in observance of African Child Day; she was released 
later that day.
    In August, police used tear gar to disperse a Swaziland Youth 
Conference rally.
    Unlike the previous year, the police did not ban or disperse any 
meetings held by workers' unions.
    There was no action taken against police officers responsible for 
forcibly dispersing demonstrations in 2003 or 2002.
    The law does not provide for freedom of association, and the 
Government restricted this right in practice. Political parties were 
banned, although political organizations operated without calling 
themselves parties (see Section 3).

    c. Freedom of Religion.--There is no formal legal provision for 
freedom of religion; however, the Government generally respected 
freedom of religion in practice, although authorities on occasion 
disrupted or cancelled prayer meetings that were considered to have 
political objectives.
    New religious groups or churches are expected to register with the 
Government upon organizing in the country. There is no law describing 
the organizational requirements of a religious group or church. All 
religions were recognized unofficially. Groups were registered 
routinely, and there were no reports that any groups was denied 
registration during the year.
    On September 2, in Lomahasha, three primary school children who are 
members of the Jehovah's Witnesses were expelled from school for 
refusing to pray during school assemblies.
    Government permission was required for the construction of new 
religious buildings. Non-Christian groups sometimes experienced minor 
delays in obtaining permits from the Government.
    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 may travel and work freely within the country; however, under 
traditional law, a married woman requires her husband's permission to 
apply for a passport, and an unmarried woman requires the permission of 
a close male relative. Nonethnic Swazis sometimes experienced lengthy 
processing delays when seeking passports and citizenship documents, in 
part due to the prejudice that mixed-race and white persons were not 
real citizens (see Section 5). Political dissenters often had their 
citizenship questioned and could experience difficulty in obtaining 
travel documents. The Constitutional Review Commission made a 
recommendation that effectively could render a child stateless should 
it be born to a Swazi mother and a foreign father; however, the draft 
constitution had not been ratified by year's end.
    The law prohibits forced exile, and the Government did not use it.
    The Government treated several thousand ethnic Swazis living across 
the border in South Africa, who were not citizens, as virtually 
indistinguishable from citizens and routinely granted them travel and 
citizenship documents.
    On July 1, in an attempt to control emigration, especially the 
exodus of nurses seeking overseas employment, the Government blocked 
overseas employment agencies from obtaining or transferring foreign 
currency, which is necessary to make arrangements for jobs abroad. This 
effectively stopped citizens from being able to gain employment abroad.
    The law provides for the granting of asylum and refugee status in 
accordance with the 1951 U.N. Convention Relating to the Status of 
Refugees 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 cooperated with the office of the U.N. 
High Commissioner for Refugees (UNHCR) and other humanitarian 
organizations in assisting refugees and asylum seekers. According to 
the UNHCR, there were an estimated 1,000 refugees in the country, the 
majority from central Africa and Angola.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    Citizens are not able to change their government peacefully. The 
King retains ultimate executive and legislative authority, and 
political parties are prohibited. Passage of legislation by Parliament 
requires the King's assent to become law, which he is not obliged to 
give. When Parliament is not in session, the King can legislate by 
decree under his residual emergency powers. The King chooses the Prime 
Minister and, in consultation with the Prime Minister, also chooses the 
Cabinet, many senior civil servants, and the heads of government 
offices.
    According to law, 55 seats in the 65-seat House of Assembly are 
popularly contested, and the King appoints the remaining 10 members. In 
October 2003, parliamentary elections took place that commonwealth 
observers concluded were not free and fair and that Parliament has no 
real authority. Election procedures generally were carried out in an 
orderly fashion; however, police arrested several persons for using 
forged voter registration certificates and for trying to vote more than 
once. Alleged irregularities led to legal challenges in three 
constituencies. PUDEMO boycotted the elections; however, members of 
other organized but banned political groups participated, and three 
opposition members were elected to Parliament. As required by law, the 
elected members of the House of Assembly nominated 10 members from the 
public to serve in the Senate (upper house). The King appointed an 
additional 20 Senate members.
    In March, elected Member of Parliament Marwick Khumalo was forced 
to relinquish his position as Speaker of the House under pressure from 
the King's advisors, due to personal differences with the members of 
the royal family.
    In May 2003, the Constitutional Drafting Committee released a draft 
Constitution, and the Government commenced a civic education program in 
each administrative center (Tinkhundla) to allow citizens to comment on 
the draft. Because only individuals and not groups were permitted to 
comment on the draft constitution, many civic groups complained that 
the process of drafting the constitution was not inclusive. In 
addition, many civic groups have criticized the content of the 
constitution, claiming, among other things, that there is no separation 
of powers. Both the House of Assembly and Senate passed the 
Constitution but because the two sides could not agree on the final 
version, the King is expected to call in February 2005 to ratify a 
single version.
    Several traditional forums existed for the expression of opinion, 
including community meetings, national councils, and direct dialogue 
with area chiefs; however, these local channels were not intended as a 
vehicle for political change.
    Chiefs were custodians of traditional law and custom and were 
responsible for the day-to-day running of their chiefdom and 
maintaining law and order. For example, chiefs had their own community 
police who could arrest a suspect and bring the suspect before an inner 
council within the chiefdom for a trial. Chiefs were an integral part 
of society and acted as overseers or guardians of families within the 
communities and traditionally reported directly to the King. Local 
custom mandates that chieftaincy is hereditary.
    The press reported that some Members of Parliament engaged in 
fraud, kickbacks and scams, and three sitting Members of Parliament 
were free on bail pending trial for fraud. The former Speaker of the 
House of Assembly was alleged to have misappropriated $8,000 (50,000 
emalangeni) while in office and fraud charges were leveled against the 
Chair of the Swaziland Electricity Board. There were credible reports 
that unqualified businesses were awarded contracts due to the owners' 
relationship with government officials.
    There is no law permitting public access to government documents, 
and public documents were difficult to access. For example, few persons 
were able to obtain copies of the draft constitution while it was being 
debated by Parliament.
    Women generally had full legal rights to participate in the 
political process; however, in accordance with societal practice, 
widows in mourning (for periods that can vary from 6 months to 3 years) 
are prevented from appearing in certain public places and in close 
proximity to the King, and as a result, can be excluded from voting or 
running for office. There were 5 women in the 65-member House of 
Assembly, 10 women in the 30-seat Senate, and 3 female ministers in the 
Cabinet. Two women served as principal secretaries, the most senior 
civil service rank in the ministries.
    There were 3 members of minorities in the 30-seat Senate. There 
were no members of minorities in the House of Assembly or 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 
were generally receptive but unresponsive to their views. Human rights 
groups spoke out on a number of occasions, criticizing the lack of 
accountability and transparency in the Government. In October, Amnesty 
International issued a report criticizing the absence of rule of law 
and making a series of recommendations for the draft constitution. By 
year's end, the Government had not acted on any of these 
recommendations.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    In general, the law does not prohibit discrimination based on race, 
sex, disability, language, or social status and women and mixed race 
citizens sometimes experienced governmental and societal 
discrimination. Labor law forbids employers from discriminating on the 
basis of race, sex, or political affiliation.

    Women.--Domestic violence against women, particularly wife beating, 
was common, despite traditional restrictions against this practice. 
Women have the right to charge their husbands with assault under both 
the Western and the traditional legal systems, and urban women 
frequently did so, usually in extreme cases when intervention by 
extended family members failed to end such violence. Rural women often 
had no relief if family intervention did not succeed, because the 
traditional courts could be unsympathetic to ``unruly'' or 
``disobedient'' women and were less likely than the modern courts to 
convict men for spousal abuse. The press reported that a chief 
threatened a woman with eviction for refusing to wear mourning clothes 
for her deceased husband.
    Rape also was common and regarded by many men as a minor offense. 
Additionally, a sense of shame and helplessness often inhibited women 
from reporting such crimes, particularly when incest was involved. In 
the modern courts, the acquittal rate was high and sentences were 
generally lenient. On September 18, at the Manzini bus terminal in 
front of a cheering crowd, bus conductors and taxi drivers raped and 
sexually assaulted an 18-year-old student because she was wearing a 
miniskirt. Police arrested three suspects in the case and the suspects 
remained in custody at year's end.
    Prostitution is illegal, and beginning in July police mounted a 
campaign to enforce the law prohibiting it. Some sex workers, afraid of 
being arrested, abandoned apartments rented for such purposes. To 
combat the HIV/AIDS pandemic, government officials encouraged an NGO to 
distribute condoms in public places, including where prostitutes were 
known to congregate.
    The law provides some protection from sexual harassment, but its 
provisions were vague and largely ineffective. Several NGOs provided 
support for victims of abuse or discrimination. Despite the law's 
requirement for equal pay for equal work, men's average wage rates by 
skill category usually exceeded those of women.
    Women occupy a subordinate role in society. In both civil and 
traditional marriages, wives are legally treated as minors, although 
those who married under civil law may be accorded the legal status of 
adults, if stipulated in a signed prenuptial agreement. A woman 
generally must have her husband's permission to borrow money, open a 
bank account, obtain a passport, leave the country, gain access to 
land, and, in some cases, obtain a job.
    The dualistic nature of the legal system complicated the issue of 
women's rights. Since unwritten law and custom govern traditional 
marriage, women's rights often were unclear and changed according to 
where and by whom they were interpreted. Couples often married in both 
civil and traditional ceremonies, creating problems in determining 
which set of rules applied to the marriage and to subsequent questions 
of child custody and inheritance in the event of divorce or death. In 
traditional marriages, a man may take more than one wife.
    In 2002, King Mswati allegedly instructed his agents to take three 
young women into royal custody while he considered whether to marry 
them. During 2002 and 2003, the King took 2 of the 3 women to be his 
10th and 11th wives. The mother of one of the women sued the monarchy 
alleging that her daughter was kidnapped by royal emissaries, but she 
later postponed the suit indefinitely. The third woman was reportedly 
living with the Queen Mother, but had not been taken as a wife. In 
August, the King selected a 16-year-old girl as his most recent 
fiancee.
    A man who marries a woman under civil law legally may not have more 
than one wife, although in practice this restriction sometimes was 
ignored. Traditional marriages consider children to belong to the 
father and to his family if the couple divorce. Children born out of 
wedlock are viewed as belonging to the mother. Under the law, a woman 
does not pass citizenship automatically to her children. Inheritances 
are passed through male children only.
    Women routinely executed contracts and entered into a variety of 
transactions in their own names. The Ministry of Home Affairs is 
responsible for coordinating women's issues, but took no notable 
actions during the year. Although gender sensitization was not part of 
the formal school curriculum, some schools organized debates and other 
mechanisms to address gender issues. The University of Swaziland Senate 
also had a subcommittee that encouraged students and faculty to hold 
seminars and workshops on gender issues.

    Children.--The Government was committed to children's rights and 
welfare, but the growing number of orphans and vulnerable children 
(OVC) challenged that commitment. The Government passed a number of 
laws that directly addressed children's issues. The Government did not 
provide free, compulsory education for children; the Government paid 
teachers' salaries while the student paid fees for books and 
contributed to the building fund. The Government promised to pay for 
OVC tuition and school fees by November 30, but failed to do so. 
Supplemental money sometimes must be raised for building maintenance, 
including teachers' housing. In rural areas, families favor boys over 
girls if they do not have enough money to send all their children to 
school. The country had a 70 percent primary school enrollment rate. 
Children were required to start attending school at the age of 6 years. 
Most students reached grade 7, the last year of primary school, and 
many went on to finish grade 10. The public school system ends at grade 
12. A government task force continued to educate the public on 
children's issues.
    In general medical care for children was inadequate and 
characterized by long waits for medical care, poor nursing care in 
public hospitals, and overcrowded and understaffed hospitals. Most 
prescription drugs were available in urban facilities, but rural 
clinics had inadequate supplies of certain drugs.
    Child abuse was a serious problem, and the Government did not make 
specific efforts to end such abuse. Rape of children was also a serious 
problem, with news reports of rapes of children 1-year-old and younger. 
Children convicted of crimes sometimes were caned as punishment. The 
law prohibits prostitution and child pornography, provides protection 
to children under 16 years of age from sexual exploitation and sets the 
age of sexual consent at 16 years of age; however, female children 
sometimes suffered sexual abuse, including by family members. There 
were reports that Mozambican and Swazi girls worked as prostitutes in 
the country (see Section 5, Trafficking). Children, including street 
children, were increasingly vulnerable to sexual exploitation.
    Child labor was a problem (see section 6.d.).
    There was a growing number of street children in Mbabane and 
Manzini. A large and increasing number of HIV/AIDS orphans were cared 
for by aging relatives or neighbors, or struggled to survive in child-
headed households. Some lost their property to adult relatives. The 
National Emergency Response Committee on HIV and AIDS, a private group 
partly funded by the Government and by international aid, and other 
NGOs assisted some AIDS orphans. With over 10 percent of households 
headed by children, UNICEF supported school feeding programs, 
established a number of neighborhood care points and provided 
nutritional support to children weakened by AIDS.

    Trafficking in Persons.--The law does not prohibit trafficking in 
persons, and there were reports of trafficking. Underage Mozambican and 
Swazi girls reportedly worked as prostitutes in the country. A women's 
organization in South Africa estimated that 15 Swazi women per month 
were trafficked into South Africa for purposes of ``forced 
cohabitation'' often involving sexual abuse. There is no government 
agency specifically responsible for combating trafficking.

    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 are no laws 
that mandate accessibility for persons with disabilities to buildings, 
transportation, or government services; however, government buildings 
under construction included improvements for those with disabilities, 
including accessibility ramps.

    National/Racial/Ethnic Minorities.--Governmental and societal 
discrimination was practiced widely against nonethnic Swazis, namely 
white persons and persons of mixed race. Although there were no 
official statistics, an estimated 2 percent of the population were 
nonethnic Swazis. Nonethnic Swazis have experienced difficulty in 
obtaining official documents, including passports (see Section 2.d.). 
Nonethnic Swazis also suffered from other forms of governmental and 
societal discrimination such as needing special permits or stamps to 
buy a car or house, delays in receiving building permits for houses, 
and difficulties in applying for a bank loan.

    Other Societal Abuses and Discrimination.--Societal discrimination 
against homosexuals was strong, and homosexuals often concealed their 
sexual preferences.
    The Government prohibits persons who are HIV positive from joining 
the military. There is a social stigma associated with being HIV 
positive, and this discouraged persons from being tested; however, 
education was slowly eroding the cultural prejudice.
Section 6. Worker Rights
    a. The Right of Association.--The law provides for the right to 
form associations, including trade unions, and workers exercised this 
right in practice; however, the Government continued to harass labor 
unions. Workers in ``essential services'' such as the police, may not 
form unions. Approximately 80 percent of the formal private sector was 
unionized.
    In May, an International Confederation of Federal Trade Unions 
delegation visited the country to investigate reports that the police 
and the military could not form an association, violating the ILO 
convention; however, it had not reported any finding by year's end.
    On May 1, at the Labor Day celebration, police and military used 
video cameras to record meetings of union members.
    The law prohibits anti-union discrimination; however, anti-union 
discrimination continued to be prevalent, and manufacturers continued 
to refuse to recognize duly elected unions. In the case of unfair 
dismissal, the court can order reinstatement and compensation for the 
employee, as well as fine the employer. Union leaders made credible 
charges that management in various industries dismissed workers for 
union activity. The allegations of union discrimination were most 
common in the garment sector.

    b. The Right to Organize and Bargain Collectively.--The law 
provides for the right to organize and bargain collectively, and the 
Government generally respected this right in practice. Collective 
bargaining was widespread, and several collective bargaining agreements 
were reached during the year. There are no export processing zones.
    The Industrial Relations Act (IRA) does not permit ``strikes''; 
however, it provides that employees who are not engaged in ``essential 
services'' have the right to participate in peaceful protest action to 
promote their socioeconomic interests. The law details the steps to be 
followed when disputes arise and provides penalties for employers who 
conduct unauthorized lockouts; however, penalties were not imposed for 
the lockouts that occurred during the year. The IRA empowers the 
Government to mediate employment disputes and grievances through the 
Labor Advisory Board. When disputes arose, the Government often 
intervened to reduce the chances of a protest action, which may not be 
called legally until all avenues of negotiation have been exhausted, 
and a secret ballot of union members has been conducted. The IRA 
prohibits protest actions in ``essential services,'' which included 
police and security forces, correctional services, fire fighting, 
health, and many civil service positions.
    The country participated in the 2003 ILO Annual Conference.

    c. Prohibition of Forced or Compulsory Labor.--The law prohibits 
forced or compulsory labor, including by children, and the Government 
generally enforced this prohibition effectively; however, there were 
reports that such practices occurred (see Section 5, Trafficking). The 
SFTU cited the 1998 Administrative Order as a form of forced labor, 
because it reinforced the tradition of residents performing tasks for 
chiefs without receiving compensation and allowed the chiefs to fine 
their subjects for failing to carry out the manual labor.

    d. Prohibition of Child labor and Minimum Age for Employment.--The 
law prohibits child labor; however, child labor was a problem. The law 
prohibits the hiring of a child below the age of 15 in an industrial 
undertaking, except in cases where only family members were employed in 
the firm, or in technical schools where children were working under the 
supervision of a teacher or other authorized person. Legislation limits 
the number of night hours that can be worked on schooldays, and limits 
children's work hours overall to 6 per day and 33 per week. Employment 
of children in the formal sector was not common; however, children 
below the minimum age frequently were employed in the agricultural 
sector, particularly in the eastern cotton-growing region. Children 
also were employed as domestic workers, and as herd boys in rural 
areas. Children were victims of prostitution and trafficking in persons 
(see Section 5). The Ministry of Labor was responsible for enforcement, 
but its effectiveness was limited by personnel shortages.

    e. Acceptable Conditions of Work.--There was a legally mandated 
sliding scale of minimum wages depending on the type of work performed. 
The minimum monthly wage for a domestic worker was approximately $50 
(300 emalangeni), for an unskilled worker $70 (420 emalangeni), and for 
a skilled worker $100 (600 emalangeni). These minimum wages generally 
did not provide a worker and family with a decent standard of living. 
Wage arrears, particularly in the garment industry, were a problem.
    Labor, management, and government representatives have negotiated a 
maximum 48-hour workweek in the industrial sector except for security 
guards, who worked up to six 12-hour shifts per week. The law permits 
all workers 1 day of rest per week. Most workers received a minimum of 
12 days' annual leave. The IRA provides for overtime pay. The Labor 
Commissioner conducted inspections in the formal sector; however, the 
results of these inspections generally did not result in enforcement of 
the law. In particular, there were allegations that women who tried to 
take maternity leave were dismissed, that employers paid employees at 
casual or probationary wage scales regardless of their position or 
length of service, and that some supervisors physically abused 
employees.
    The law provides for protection of workers' health and safety. The 
Government set safety standards for industrial operations, and it 
encouraged private companies to develop accident prevention programs; 
however, the Labor Commissioner's office conducted few safety 
inspections because of staffing deficiencies and an alleged desire not 
to ``scare off foreign investors.'' Workers had no formal statutory 
rights to remove themselves from dangerous work places without 
jeopardizing their continued employment, nor did any collective 
bargaining agreements address the matter. There were extensive 
provisions allowing workers to seek redress for alleged wrongful 
dismissal; these provisions frequently were invoked.

                               __________

                                TANZANIA

    The United Republic of Tanzania is a multiparty state led by the 
President of the mainland, Benjamin Mkapa. The Zanzibar archipelago, 
although integrated into the country's governmental and party 
structure, has its own president and parliament and continues to 
exercise considerable autonomy. In 2000, President Mkapa was elected to 
a second term, and the ruling Chama Cha Mapinduzi (CCM) party made 
significant gains in elections that were considered free and fair on 
the mainland, but which were seriously marred by irregularities and 
politically motivated violence on Zanzibar. The national judiciary was 
formally independent but was under-resourced, corrupt, inefficient, and 
subject to executive influence.
    The police force, under the Ministry of Home Affairs, has primary 
responsibility for maintaining law and order. Citizens' patrols known 
as ``Sungusungu'' continued to support the police force, including in 
refugee camps. The military was composed of the Tanzanian People's 
Defense Force (TPDF). The People's Militia Field Force (FFU) was a 
division of, and directly controlled by, the national police force. 
While civilian authorities maintained effective control of the security 
forces, there were some instances in which elements of the security 
forces acted independently of government authority. Members of the 
security forces committed numerous human rights abuses.
    The country continued its transition from a centrally directed 
economy to a market-based economy. Agriculture provided 82 percent of 
employment for the population of approximately 37 million, according to 
2002 estimates. In 2003, the gross domestic product growth rate was 5.3 
percent. Wages did not keep pace with inflation during the year. The 
Government encouraged foreign and domestic investment; however, 
pervasive corruption, mismanagement, poor infrastructure, and a large 
external debt constrained economic progress. In addition, an estimated 
HIV/AIDS prevalence rate of between 9.6 percent and 24 percent 
continued to place an increasing burden on the country's resources 
through rising medical expenditures, absenteeism from work, labor 
shortages resulting from morbidity and mortality, and training of 
replacement labor.
    The Government's human rights record remained poor; although there 
were improvements in a few areas, serious problems remained. Citizens' 
right to change their government was severely circumscribed in the 2000 
general elections on Zanzibar; the May by-elections on the mainland 
were marred by detentions and intimidation, and harassment of 
opposition parties increased dramatically from the previous year. 
Security forces committed unlawful killings. Police officers tortured, 
threatened, and otherwise mistreated suspected criminals and prisoners 
during the year. Prison conditions remained harsh and life threatening; 
however, some improvements were made during the year. Arbitrary arrest 
and prolonged detention remained problems. Pervasive corruption 
continued. The Government limited freedom of privacy, speech, the 
press, assembly, and association. The Government forcibly expelled 
refugees and refused persons seeking asylum or refugee status. The 
Government pressured Burundian refugees to repatriate voluntarily. In 
the west, anti-refugee resentment and hostility continued. The 
Commission on Human Rights and Good Governance investigated several 
cases of abuse during the year. Sexual and gender-based violence and 
discrimination against women and girls remained problems, including in 
refugee camps. Female genital mutilation (FGM) remained a serious 
problem in some regions of the country. Trafficking of children and 
child prostitution were problems. Discrimination against national, 
racial, and ethnic minorities and persons with HIV/AIDS persisted. 
Workers' rights were limited and child labor continued to be a serious 
problem. Mob justice remained widespread and resulted in several 
unlawful killings.
                        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 continued to use excessive, lethal force 
against citizens.
    During the year, the police killed several suspected criminals. In 
May, police killed a suspected criminal when he reportedly tried to 
escape apprehension in Zanzibar. In June, police killed two suspected 
criminals in Mwanza.
    Unlike in the previous year, there were no reports of killings in 
police custody.
    There were no reported prosecutions of police who killed suspects 
in 2002, 2003, or during the year.
    During the year, the use of excessive force by security forces 
resulted in at least two deaths. During the mainland's local elections 
in November, police shot and killed a 17-year-old boy after a mob 
burned government vehicles and police fired their weapons at a Dar es 
Salaam voting site. An investigation was pending at year's end.
    On December 1, outside a voter registration office on the island of 
Pemba, a member of a paramilitary unit fired into a crowd, killing a 
16-year-old student and seriously wounding two other persons. According 
to the island's regional police commander, a mob had thrown stones at 
members of the paramilitary unit during the registration of voters. At 
year's end, police were investigating the killing.
    There was no additional information available about the reported 
cases of killings in 2002 by security forces.
    Unlike in the previous year, there were no reports that organized 
vigilante groups, known in Swahili as Sungusungu, committed unlawful 
killings during neighborhood patrols.
    There was no additional information available about the 2003 
killing by vigilantes of a night guard in coastal Tanga.
    At year's end, there was no additional information on the status of 
four Sungusungu members arrested and charged with the September 2003 
killing of suspected thief Haridi Hussein in Lukobe village, Morogoro.
    Mob justice against suspected criminals persisted, despite 
government warnings against it. Throughout the year, the media reported 
numerous incidents in which mobs killed suspected thieves; the suspects 
were stoned, beaten, hacked to death with machetes, or doused with 
gasoline and set on fire. For example, in January, a mob caught and 
killed a suspected thief in Dar es Salaam. At the end of July, a mob 
killed a suspected rapist in Zanzibar.
    The Government sometimes prosecuted cases of mob justice, but 
government officials reported difficulties in prosecuting cases due to 
the unwillingness of witnesses to cooperate.
    During the year, on Zanzibar, authorities conducted three 
investigations into killings that resulted from mob justice in recent 
years. Two investigations were unable to find sufficient evidence to 
continue with prosecution. One case was pending in the courts at year's 
end.
    During the year, villagers reportedly killed a refugee suspected of 
stealing (see Section 2.d.).
    In some instances, the widespread belief in witchcraft, 
particularly in Shinyanga region, led to the killing of alleged witches 
by those claiming to be their victims or aggrieved relatives of their 
victims, or by mobs. In July, local Swahili newspaper Nipashe reported 
that more than 1,000 persons were killed on suspicion of witchcraft 
since 1995. A 2002 report by the World Health Organization estimated 
that 500 elderly women accused of witchcraft--often connected with an 
event such as crop failure--were killed every year.
    During the year, the Government prosecuted some individuals accused 
of killing suspected witches and denounced the practice of killing 
those suspected of witchcraft. For example, in early August, a mob 
armed with machetes, stones, and knives killed seven persons accused of 
practicing witchcraft in Makete in Iringa region. Police charged 22 
persons with these murders. By year's end, no additional information 
was available on this case.

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

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The Constitution prohibits such practices; however, there 
continued to be numerous reports that police officers tortured, 
threatened, and otherwise mistreated suspected criminals and prisoners 
during the year. Beatings and floggings were the methods most commonly 
used. The Government seldom prosecuted police for abuses.
    On May 14, police were accused of pulling on a suspected detainee's 
genitals in Shinyanga. There was no additional information available 
about this case by year's end.
    Unlike in the previous year, there were no reports that police used 
torture to extract confessions. There were no further developments in 
the September 2003 torture of Sasi Marwa.
    Caning and other forms of corporal punishments were used in schools 
(see Section 5). Local government officials and courts occasionally 
used caning as a punishment for both juvenile and adult offenders. 
Overall use of caning in schools and by courts was declining.
    There were numerous reports that the TPDF beat civilians without 
cause. For example, after the death of a soldier in Arusha in early 
April, soldiers went on a rampage, beating civilians indiscriminately. 
An estimated 20 civilians were injured, some severely. By year's end, 
there were no reports that any disciplinary action had been taken 
against these soldiers.
    During the year, city police in Dar es Salaam continued to use 
excessive force and confiscate the goods of petty street traders while 
attempting to relocate them.
    There was no action taken against police officers responsible for 
the September and November 2003 beatings with clubs of Dar es Salaam 
street traders.
    Security forces used excessive force to disperse large gatherings 
(see Sections 2.b. and 2.c.).
    In remarks published on January 20 about the police's use of force, 
Speaker of the National Assembly Pius Msekwa said police had legal 
authority to use force, including beating up unruly suspects.
    In remarks published May 25, Inspector General of the Police Omar 
Mahita, speaking at a human rights workshop, said police officers 
should respect the Constitution and stop abusing and harassing members 
of the public. In addition, during the year, opposition party 
parliamentarians denounced the use of excessive force by police.
    There was no additional information in the case of the January 2002 
bomb explosions in Zanzibar Town.
    Prison conditions remained harsh and life threatening. The prisons, 
some of which were built during the colonial era, were designed to hold 
between 2,000 and 2,699 persons; however, on August 1, the total prison 
population was 43,526. Three prisons--Maswa, Babati, and Kahama--were 
overcrowded by over 1,200 percent. A total of 45 percent of all 
prisoners were awaiting trial. In 2003, the Chief Commissioner said 
that the Government was financially incapable of building more prisons 
and remand houses.
    The Community Services Act allows persons convicted of minor 
offenses to be sentenced to community service instead of jail time; 
however, by year's end, the Act still had not been used. During the 
year, the Government trained police and magistrates in the 
implementation of the Community Services Act.
    A National Parole Board was responsible for identifying prisoners 
eligible for parole. During the year, the board released on parole 253 
prisoners. Since 1999, the National Parole Board has released 728 
prisoners.
    Prisoners were subjected to poor living conditions. The daily 
amount of food allotted to prisoners was increased during the year; 
however, authorities did not allow convicted prisoners to receive food 
from outside sources except for religious reasons. For example, during 
the month of Ramadan, Muslim prisoners were allowed to receive food 
from outside sources for their evening meal. Authorities often moved 
prisoners to different prisons without notifying prisoners' families. 
In violation of the law, some rural district courts forced remandees 
who were awaiting trial to pay for their upkeep and transport.
    Prison dispensaries offered only limited treatment, and friends and 
family members of prisoners generally had to provide medication or the 
funds with which to purchase it. Diseases were common and resulted in 
numerous deaths. According to government officials, the leading causes 
of death in order of occurrence were tuberculosis, HIV/AIDS, HIV/AIDS 
plus tuberculosis, and malaria. There were reports that guards abused 
prisoners during the year.
    During the year, the Government's Human Rights and Good Governance 
Commission released a report on prison conditions. Based on visits to 
selected prisons throughout the country, the report identified serious 
overcrowding and poor living conditions as persistent problems. 
Following the report's release, the Prisons Department increased 
prisoners' food rations, procured mattresses for prisoners, and changed 
prisoners' uniforms.
    The Prisons Act requires prisoners to be separated based on age and 
gender, and female prisoners were held separately from male prisoners 
in practice. Unlike in the previous year, women sent to remand prison 
did not report that they were forced to sleep naked and subjected to 
sexual abuse by wardens.
    Because there were very few juvenile detention facilities in the 
country, juveniles frequently were not separated from adult prisoners 
during the day. Juveniles are handled separately under the Department 
of Social Welfare, which manages juvenile courts and juvenile remand 
homes. Prisoners between the ages of 18 and 21 are considered ``young 
prisoners'' and slept separately from the older adult prison 
population. There was one separate youth prison in Morogoro.
    Pretrial detainees were held with convicted prisoners; they were 
allowed to receive food from the outside.
    There were no developments in the case of deceased prisoner Issa 
Shabani, whose family accused the Ukonga prison guards in September 
2003 of beating him to death and covering up their action.
    Unlike in the previous year, there were no reports of deaths in 
custody.
    By year's end, no trial date was set for 5 police officers charged 
in the 2002 case of 17 prisoners who suffocated to death in an 
overcrowded jail cell in Mbeya.
    Local nongovernmental organizations (NGOs) and diplomatic observers 
were permitted to monitor prison conditions; however, international 
organizations did not request permission to monitor prison conditions 
during the year. The ICRC visited prisoners at the International 
Criminal Tribunal for Rwanda, in Arusha. The Government permitted the 
U.N. High Commissioner for Refugees (UNHCR) to visit prisons holding 
refugees in Dar es Salaam and in the west.

    d. Arbitrary Arrest or Detention.--The law prohibits arbitrary 
arrest and detention; however, arbitrary arrest and detention were 
problems.
    The police force was underfunded and inefficient. The use of 
excessive force, police corruption, and impunity were serious problems. 
Citizens often complained that police were slow to investigate crimes 
and prosecute criminals. Although police are not attorneys, they 
prosecute most crimes in the lower courts; many judicial experts 
criticized this arrangement, saying that it allowed police to 
manipulate evidence in many criminal cases and sometimes resulted in 
cases being thrown out of court. According to NGO reports, police often 
lost evidence, and suspects with sufficient means successfully avoided 
prosecution by bribing police officers. Communities perceived a general 
lack of protection amid an increase in crimes committed by armed 
criminals. The general lack of trust in the police force and in the 
court system contributed to a high incidence of mob justice during the 
year (see Section 1.a.).
    There was no additional information about the internal 
investigation of a police officer accused of harassing and attempting 
to obtain a bribe from a local businessman. Despite these actions and 
those of the Prevention of Corruption Bureau (PCB), there continued to 
be numerous reports in the press and complaints from civil society 
groups and citizens about police corruption during the year (see 
Section 3).
    During the year, the Government revamped the training curriculum 
for new police officers in accordance with international human rights 
standards.
    The People's Militia Laws grant legal status to the traditional 
Sungusungu neighborhood and village anticrime groups. Local governments 
appoint the members with the help of individual households who decide 
which among them will join the Sungusungu watch. The Sungusungu were 
most commonly found in rural areas such as the Tabora, Shinyanga, and 
Mwanza regions, and in refugee camps. Members of Sungusungu have 
authorities similar to those given to police, including the authority 
to arrest persons; however, Sungusungu do not have the authority to 
carry firearms. They carry wooden clubs for their protection. In 
return, they were expected to be held accountable for any abuses. 
Residents of a neighborhood in which Sungusungu operated were required 
by law and custom to either donate a small sum to the Sungusungu for 
patrols or, if they did not have money, to provide one person from 
their household to participate in patrols.
    In refugee camps, in addition to a regular police contingent, 
Sungusungu groups composed of refugees acted as security forces.
    The law requires that a person arrested for a crime, other than a 
national security detainee as defined under the Preventive Detention 
Act, be charged before a magistrate within 24 hours of arrest; however, 
in practice the police often failed to comply with this provision. In 
some cases, accused persons were denied the right to contact a lawyer 
or talk with family members. Prompt access to counsel was limited by 
the lack of lawyers practicing in rural areas.
    The law restricts the right to bail and imposes strict conditions 
on freedom of movement and association when bail is granted. Judges set 
bail on a discretionary basis based on the merits of each case; 
however, there was no provision for bail in cases of murder or armed 
robbery. Bribes often determined whether bail was granted.
    Under the Preventive Detention Act, the President may order the 
arrest and indefinite detention without bail of any person considered 
dangerous to the public order or national security. This act requires 
that the Government release detainees within 15 days of detention or 
inform them of the reason for their detention. The law allows a 
detainee to challenge the grounds for detention at 90-day intervals. 
The Preventive Detention Act was not used during the year. The Court of 
Appeals ruled that the Act cannot be used to deny bail to persons not 
considered dangerous to society; despite this ruling, however, the 
Government has not introduced corrective legislation. The Government 
has additional broad detention powers under the law, which permit 
regional and district commissioners to arrest and detain for 48 hours 
persons who may ``disturb public tranquility.''
    The Government arbitrarily arrested numerous persons, particularly 
supporters and members of opposition political parties. Arbitrary 
political arrests increased during the year (see Section 3).
    For example, following a series of bombings in March on Zanzibar, 
police arrested 45 individuals and reportedly detained members of the 
Civic United Front (CUF), a political party, and of a religious NGO, 
Uamsho (see Section 2.c.). All of the individuals arrested in 
connection with the bombings were released within 2 months; the police 
did not confirm that any had been charged. One member was allegedly 
beaten while in custody.
    In May, police arbitrarily arrested several members of the 
opposition party CHADEMA in Karatu district. All members were 
eventually released and no charges were brought.
    Police continued to make arbitrary arrests and use the threat of 
them to extort money.
    By year's end, there were no developments in the 2002 case of 
opposition leader Christopher Mtikila, who was accused of making 
seditious comments about the nationality of President Mkapa.
    Police arrested refugees for leaving the camps without permits (see 
Section 2.d.).
    Authorities acknowledged that some prisoners waited several years 
for trial, sometimes because they did not have the means to bribe 
police and court officials. Observers estimated that approximately 5 
percent of persons held in remand ultimately were convicted, and often 
those convicted already had served their full sentences before their 
trials were held. A government official estimated that it took up to 5 
years for homicide cases to reach the High Court. By year's end, some 
suspects had spent as many as 10 years in prison without having their 
cases heard before a court. The chairman of the Commission on Human 
Rights and Good Governance, Justice Robert Kisanga, criticized the 
criminal justice system, and highlighted a need to explain why suspects 
were detained for so long without trial.
    There was no additional information available about the cases of 12 
inmates in Keko who had been imprisoned for as many as 10 years without 
trial, or a civil suit against the Government by 18 CUF members who 
spent more than 2 years in prison without being convicted.
    During the year, President Mkapa issued presidential pardons for at 
least 8,185 prisoners.

    e. Denial of Fair Public Trial.--The Constitution provides for an 
independent judiciary; however, the judiciary remained underresourced, 
corrupt, inefficient, and subject to executive influence, although 
there were no reports of executive interference during the year.
    Independent observers continued to criticize the judiciary, 
particularly at the lower levels, as corrupt and inefficient, and they 
questioned the system's ability to provide a defendant with an 
expeditious and fair trial. Clerks took bribes to decide whether or not 
to open cases and to hide or misdirect the files of those accused of 
crimes. Magistrates occasionally accepted bribes to determine guilt or 
innocence, pass sentences, withdraw charges, decide appeals, and 
determine whether cases were judged as civil or criminal matters. In 
addition, there were few courts available to citizens, and the cost of 
traveling to the nearest court was often prohibitive.
    The Government made no progress in addressing judicial corruption. 
Judicial ethics committees failed to offer recommendations to improve 
the credibility and conduct of the judiciary.
    The legal system has five levels of courts combining the 
jurisdictions of tribal, Islamic, and British common law. Christians 
and Muslims are governed by criminal law. In family law and civil 
matters, Christians are governed by customary law, which is composed of 
approximately 120 types of tribal law, unless they can prove to a judge 
that customary law does not apply to them (for example, if they have 
not been living in a traditional community or are foreigners). In 
certain civil matters such as marriage, divorce, child custody, and 
inheritance, Muslims are governed by Islamic law. Islamic law was 
applied only to adjudicate civil cases in which both parties were 
Muslims. In family matters, the content and application of some 
customary and religious laws were discriminatory towards women (see 
Section 5).
    The court system consists of primary courts, district courts, 
magistrates' courts, a High Court on Zanzibar and one on the mainland, 
and a Court of Appeal, which serves as the highest court for both the 
mainland and Zanzibar. Primary courts, which are present in each 
administrative region, have jurisdiction for civil suits related to 
customary and Islamic law, and civil and Christian matrimonial suits. 
Judges were appointed by the Chief Justice, except those for the Court 
of Appeal and the High Courts, who were appointed by the President. All 
courts, including Islamic courts, were staffed by civil servants.
    Zanzibar and the mainland have separate judicial systems, with the 
exception of the Court of Appeal. Zanzibar's court system, excluding 
its Kadhi courts, generally parallels that of the mainland. In 
Zanzibar, Kahdi Courts operate in place of primary courts. The Kadhi 
courts have jurisdiction in civil cases arising from Islamic law and 
custom. The Kadhi court system consists of Kadhi courts and the Court 
of the Chief Kadhi. Appeals from the Court of the Chief Kadhi go to the 
High Court of Zanzibar for final rulings; cases in the Kadhi system 
cannot be appealed to the Court of Appeal. All other cases can be 
appealed to the Court of Appeal. Cases concerning Zanzibar 
constitutional issues were heard only in Zanzibar's courts.
    While the majority of judges on Zanzibar were Muslim, there were 
very few Muslim judges, if any, on the mainland; consequently, some 
Muslim groups complained that it was inappropriate for Christian judges 
on the mainland to continue administering Islamic law for Muslims in 
family matters.
    Criminal trials were open to the public and to the press; courts 
were required to give reasons on record for holding secret proceedings. 
The Prevention of Terrorism Act excludes everyone except the interested 
parties from trials of terrorist suspects and suppresses information to 
protect the identity of witnesses in those trials.
    There was no trial by jury. The law provides for a right to defense 
counsel only for serious offenses. The Chief Justice assigns lawyers to 
indigent defendants charged with serious crimes such as murder, 
manslaughter, and armed robbery. There were only a few hundred 
practicing lawyers in the country, and most indigent defendants charged 
with lesser crimes did not have legal counsel. The law prohibits 
counsel from defending clients in primary or district level courts. The 
law provides for the presumption of innocence, and provides criminal 
defendants with the right of appeal.
    There was a separate court for young offenders; however, this court 
was underutilized and many juvenile offenders were tried in adult 
courts. Some cases continued to be sent through the traditional court 
system, where they were processed faster due to a less significant 
backlog than in the regular civil court system. The law provides for 
military tribunals; however, military tribunals have not been used 
since independence. Military courts did not try civilians. Defendants 
in civil and military courts could appeal decisions to the High Court 
and the Court of Appeal.
    In 2003, the Government, in cooperation with the local community 
and with funding from donor countries, began a pilot program known as 
Quick Start to rehabilitate court facilities and increase the number of 
primary courts. By year's end, the program was only active in Arusha 
and Manyara regions.
    Unlike in the previous year, Burundian mediation councils no longer 
handled domestic abuse cases for Burundian refugees in Tanzania's 
refugee camps. In refugee camps, Burundi mediation councils, mostly 
composed of male refugee elders, often handled minor offenses. Serious 
offences, including rape and murder, were supposed to be investigated 
by police stationed in the camps and referred to the national courts 
for prosecution. However, in practice, national courts did not 
adequately prosecute most cases involving refugees. Refugee camps were 
affected by delays and limited access to courts.
    There were no reports of political prisoners.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The Constitution generally prohibits such actions 
without a search warrant; however, the Government did not consistently 
respect these prohibitions in practice. The Prevention of Terrorism Act 
permits the police to conduct searches without a warrant in certain 
urgent cases; there were no reports that the act has ever been 
implemented in practice.
    Only courts can issue search warrants; however, the law also 
authorizes searches of persons and premises without a warrant, if 
necessary, to prevent the loss or destruction of evidence connected 
with an offense, or if circumstances are serious and urgent. In 
practice, members of security forces rarely requested warrants and 
often searched private homes and businesses at will.
    The security forces reportedly monitored telephones and 
correspondence of some citizens and foreign residents.
    The Zanzibar Government enforced the Zanzibar Spinsters and Female 
Divorcees Protection Act, which makes it a criminal offense for any 
woman to become pregnant out of wedlock, under punishment of 
incarceration. In theory, the law could also be applied to men; 
however, because DNA testing was not available in Zanzibar, only women 
have been sentenced under the law. From 2000 to the end of 2003, 47 
cases were brought to court, and 30 women have served jail time. During 
the year, one woman was convicted under the act but served a suspended 
sentence. Female members of the Zanzibar House of Representatives 
advocated appeal or reform of the law; however, by year's end, no 
changes had been made to the law.
    Unlike in the previous year, there were no reports that the 
Sungusungu forced widows to remarry.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The Constitution provides for 
freedom of speech, but does not expressly provide for freedom of the 
press, and in practice, the Union Government partially limited these 
rights, and the semi-autonomous Zanzibar Government heavily limited 
these rights. The only private newspaper published on Zanzibar, Dira, 
remained banned. The law limits the media's ability to function 
effectively. The print media were subject to considerable government 
restrictions, including the enforcement of a code of ethics. Although 
the code is considered voluntary, the Government has fined and 
suspended newspapers under this code. Libel laws that impose criminal 
penalties intimidated journalists, and journalists practiced self-
censorship. On the mainland, the Government allowed political opponents 
unrestricted access to the media. There were no reports that the 
Government restricted academic freedom.
    Citizens on the mainland generally enjoyed the right to discuss 
political alternatives freely; however, freedom of speech was severely 
restricted. The law requires political parties to support the 
continuation of the Union. Opposition political party members and 
others openly criticized the Government and ruling party; however, 
under the law, persons using ``abusive language'' against the country's 
leadership were subject to arrest. Harassment of opposition parties 
increased dramatically from the previous year.
    Authorities occasionally restricted political and religious speech 
by Muslims during the year (see Section 2.c.).
    The mainland and Zanzibar have separate media policies. During the 
year, there were more than 110 newspapers published in English and 
Kiswahili, including 19 dailies and 53 weeklies. Many of the mainland's 
newspapers were privately owned. There were a dozen periodicals in the 
country, some of which were owned or influenced by political parties, 
including the CCM and the CUF. Mainland publications, including one 
government-owned newspaper, regularly reported events that portrayed 
the Government critically.
    Approximately 26 radio stations and 15 television stations 
broadcast in Dar es Salaam and in a few other urban areas. Many radio 
stations and all but one television station were privately owned. The 
Government occasionally circumscribed activities of the broadcast 
media; for example, radio stations could not broadcast in tribal 
languages. On Zanzibar, the Government controlled radio and television; 
however, many residents were able to receive mainland broadcasts. In 
April, the Ministry of Information withdrew its decree requiring all 
radio stations to broadcast government-produced news programs at 
specified times during the day.
    Unlike in previous years, the Zanzibar Government did not use the 
Zanzibar News Act to harass, detain, or interrogate journalists. 
However, many press freedom advocates said the existence of the Act 
severely limited freedom of the press, and Reporters Without Borders 
stated that there was no press freedom in Zanzibar.
    There were a few reports of harassment of the media during the 
year. For example, in April the CCM Director for Information, Enzi 
Talib, reportedly harassed journalist Salma Said and chased her out of 
his office. The accounts of the confrontation conflicted: The 
journalist said she was harassed for reporting that was critical of the 
CCM; the party official alleged that the journalist had sold stolen 
press credentials to foreign journalists.
    During the year, the Zanzibar Government issued a provisional 
passport to Ali Nabwa, the editor of the banned newspaper Dira, after 
immigration officials revoked his citizenship in 2003.
    Journalists and NGOs belonging to the Media Law Reform Project 
continued to complain that the Government has deliberately weakened 
press freedom and limited information to the press through several 
laws, including the Newspaper Registration Act, the National Security 
Act, the Regional Commissioner's Act, and the libel law. For example, 
journalists who reported arrests could be charged with obstructing 
police activity under the Police Act. Other laws authorize the 
Government to prevent television filming of the swearing-in of 
opposition Members of Parliament (M.P.s). Media groups continued to 
call for the abolishment of what they deemed to be draconian 
legislative prohibitions. In addition, they criticized the lack of 
access to government information and protection for journalists' 
sources and whistle blowers.
    On November 24, the High Court of Zanzibar ruled that Dira, which 
the Government banned in November 2003, had violated registration 
procedures and could not resume publishing; the Court made no ruling on 
whether Dira had violated media ethics. At year's end, Dira's 
management was reapplying for a new license.
    The Government reportedly continued to pressure newspapers 
throughout the year to suppress or change articles unfavorable to it. 
During the year, there continued to be reports that the Government 
withheld lucrative government advertising from newspapers deemed too 
critical of the administration. In addition, according to press freedom 
observers, the Government attempted to weaken the media by maintaining 
prohibitively high taxes on newsprint and advertising.
    Early in the year, President Mkapa said that the media should 
explain to the public how it earned enough capital to operate, rather 
than criticize the Government.
    Libel law, which imposes criminal penalties for defamation, 
intimidated journalists and caused many to practice self-censorship. 
While the law specifies that the plaintiff has the burden of proof for 
demonstrating malicious intent, many media observers criticized the 
courts for ignoring this provision, and for imposing heavy, politically 
motivated penalties on the media. As of May, there were more than 80 
libel suits pending in high courts, with damages demanded ranging 
between $47,000 to $9 million (50 million to 10 billion shillings).
    In August, in an effort to facilitate media self-regulation, the 
Government appointed 12 media professionals as ``assessors,'' in charge 
of assisting courts to evaluate a journalist's or publication's efforts 
in newsgathering, writing, editing, or broadcasting.
    On February 20, the Tanzanian High Court fined the Kenyan weekly, 
The East African, $927,000 (1 billion shillings) in damages in a 
defamation case. Dr. Salim Ahmed Salim, former secretary general of the 
Organization of African Unity, filed the suit in response to a 2002 
editorial that said the diplomat had defended a former commerce 
minister against corruption charges. The Court also ordered The East 
African to publish an apology.
    Lack of media access to government information remained a serious 
problem. Civil service regulations prohibit government workers from 
divulging government information to the media, effectively allowing 
only a handful of high-level government representatives to relay 
information to the media (see Section 3).
    During the year, the Government continued to be unresponsive to 
journalists' requests for information, although it made efforts to 
improve. The Government continued to place information officers in 
ministries and to build the capacity of a Communications Directorate, 
which was opened under the President's office in 2003; however, by 
year's end, some ministries still lacked an information officer. The 
changes were intended to increase transparency and access to 
information; however, press freedom observers and government officials 
criticized the creation of the Communications Directorate for 
duplicating the functions of Maelezo, the Government's information 
services department. Some journalists criticized the Communications 
Directorate for being inaccessible; many noted that it was too early to 
conclude that access to government information had improved.
    During the year, the Media Council operated with limited 
effectiveness as a mediator between the public and the media. The 
Council supported press clubs; it also sought to resolve defamation 
disputes before they reached a court of law, and to adjudicate cases in 
which journalists allegedly infringed on the voluntary code of 
professional ethics. Typically, the Media Council is allotted 3 months 
to mediate a dispute, including the negotiation of the extent of 
damages and an appropriate compensation, if applicable. After 3 months 
of unsuccessful negotiation, then the plaintiff may take the case to 
court. As of September, the Council had mediated more than 20 cases, 
and none had gone to court.
    According to the Media Institute of Southern Africa, freedom of the 
press continued to be threatened by lack of training, mediocrity, low 
salaries, and corruption in the profession of journalism.
    There were no reports that the Government restricted access to the 
Internet.

    b. Freedom of Peaceful Assembly and Association.--The Constitution 
provides for freedom of assembly; however, the Government limited this 
right in practice. Security forces interfered with citizens' rights to 
assemble peacefully, particularly for political rallies or 
demonstrations on several occasions. To hold rallies, organizers are 
required to obtain police permission in advance. Police have the 
authority to deny permission on public safety or security grounds or if 
the permit seeker belonged to an unregistered organization or political 
party. Authorities arrested citizens for assembling without the 
appropriate permit. The Government sometimes prevented opposition 
parties from holding rallies. For example, on January 8, police banned 
a demonstration on Zanzibar by a new political party, SOFT, Solidarity 
of Force Three.
    On June 24, police banned Ibrahim Lipumba, the chairman of CUF, 
from addressing a rally.
    Authorities forcibly dispersed religious gatherings during the year 
(see Section 2.c.).
    In March, the Government banned the religious organization Uamsho 
from holding a demonstration (see Section 2.c.).
    On April 20, police reportedly used excessive force to disperse 
student demonstrators protesting a new Student Loan Bill at the 
University of Dar es Salaam.
    The Constitution provides for freedom of association; however, the 
Government limited this right in practice. The Government imposed 
stringent registration requirements for political parties, and 
unregistered parties were prohibited from holding meetings, recruiting 
members, or fielding candidates (see Section 3).
    The Registrar of Political Parties has sole authority to approve or 
deny the registration of any political party and is responsible for 
enforcing strict regulations on registered parties. Under the law, 
citizens may not form new political parties independently, but must 
comply with certain requirements to register them with the Office of 
the Registrar.
    Parties that the Government granted provisional registration may 
hold public meetings and recruit members. Provisionally registered 
parties have 6 months to submit lists of at least 200 members in 10 of 
the country's 26 regions, including 2 regions in Zanzibar, to secure 
full registration and to be eligible to field candidates for election.
    During the year, the Government implemented the 2002 NGO Act, which 
requires all NGOs to register with a government-appointed NGO 
Registration Board. Failure to register or meet any of the Act's other 
requirements is a criminal offense (see Section 4). There were no 
reports that NGOs were denied registration on the mainland. The 
Zanzibar Human Rights Association's registration request, which has 
been pending for several years, remained pending at year's end.
    Unlike in the previous year, the Government did not suspend 
registration of religious NGOs on the grounds that many were being 
formed for the purpose of evading taxes.
    The Tanzanian People's Party and the Popular National Party, which 
were deregistered in 2002 for a lack of compliance with their 
respective constitutions, remained unregistered at year's end.

    c. Freedom of Religion.--The Constitution provides for freedom of 
religion; however, there were some limits on freedom of religion.
    In March, Zanzibari police used tear gas to disperse a 
demonstration by Uamsho (also known as the Islamic Revival or Center 
for Islamic Propagation), an umbrella organization for fundamentalist 
Muslim organizations. The group does not recognize Zanzibar's Mufti Law 
and therefore had refused to seek a permit from the mufti's office as 
required. The Office of the Mufti and the police had publicly warned 
Uamsho that its demonstration would be illegal. Reportedly, the 
demonstrators included some minors and were armed with stones and 
machetes. Seven demonstrators suffered minor injuries when the police 
broke up the demonstration. Police arrested 32 demonstrators; 2 Uamsho 
leaders faced charges in connection with the demonstration, and by July 
they had been released on bail, and their case was pending.
    On May 28, Zanzibari police arrested Islamic activist Sheikh Kurwa 
Shauri; no charges were filed. The Government of Zanzibar subsequently 
deported Shauri to Dar es Salaam, in accordance with a 1993 government 
order by then President Salmin Amour, which banned Shauri from the 
island after he was accused of disrupting the peace and fomenting 
inter-religious conflict.
    By March, the Government had dropped all charges against six 
Muslims arrested in 2003 for sedition against Christianity and the 
Government, and all had been released by year's end.
    The Government banned religious organizations from involvement in 
politics. Politicians are prohibited by law from using language 
designed to incite one religious group against another or to encourage 
religious groups to vote for certain political parties. The law imposes 
fines and jail time on political parties that campaign in houses of 
worship or educational facilities.
    Government policy forbids discrimination against any individual on 
the basis of religious beliefs or practices; however, individual 
government officials allegedly favored persons who shared the same 
religion in the conduct of business.
    Societal violence based on religion occurred on occasion. During 
March, there was a series of small explosions and firebombings in and 
near Stonetown on Zanzibar; the targets included a vehicle belonging to 
a church and the mufti's house, which was damaged slightly. The police 
arrested 45 persons, including some Uamsho members, in connection with 
the bombings; the Uamsho members alleged that they were beaten while 
they were in custody. In May, Zanzibari police confirmed that they had 
released these individuals. Uamsho representatives said that none of 
their members faced charges in the bombings.
    During the year, there were other attacks on Zanzibar that appear 
to have been motivated by religious conflict. In April, practitioners 
of traditional religion burned portions of a tourist hotel on Zanzibar 
because the proprietor refused to allow them to practice rituals that 
would purportedly rid the hotel of witches. In May, unknown 
perpetrators used human waste to desecrate a church on Zanzibar's Pemba 
Island.
    While Muslim-Christian relations remained generally stable in rural 
areas, tensions increased during the year in urban centers due to some 
Muslim groups' claims of discrimination in government hiring, 
education, and law enforcement practices. The Muslim community claimed 
to be disadvantaged in terms of its representation in the civil 
service, government, and parastatal institutions, in part because both 
colonial and early post-independence administrations refused to 
recognize the credentials of traditional Muslim schools. As a result, 
there was broad Muslim resentment of certain advantages that Christians 
were perceived to enjoy in employment and educational opportunities. 
Muslim leaders complained that the number of Muslim students invited to 
enroll in government-run schools was not equal to the number of 
Christian students.
    There were reports that at certain Muslim religious rallies in 
urban centers, some participants publicly criticized Christianity, 
which, on occasion, resulted in fighting. The Government made some 
efforts to resolve the tensions between Muslim and Christian 
communities. For example, in May, Foreign Minister Jakaya Kikwete, a 
Muslim, attended a choir service at a Pentecostal Church.
    During the year, Muslim fundamentalist organizations engaged in 
increasingly confrontational proselytizing in Zanzibar, Morogoro, 
Mwanza, and Dar es Salaam. Anti-Christian slogans became more prevalent 
in newspapers and pamphlets, and on clothing. Muslims threatened 
tourist establishments in Zanzibar, warning proprietors who catered to 
Western customers that they risked retribution for serving alcohol. On 
the mainland, Christian evangelical organizations also reportedly 
engaged in confrontational proselytizing, including the distribution of 
leaflets branding Muslims as ``unbelievers'' or ``servants of Satan.'' 
In addition, Christian newspapers increasingly criticized Islamic 
practices and reprinted articles that were perceived to be anti-Muslim.
    There were signs of increasing tension between secular Muslims and 
Muslim fundamentalists, as the latter believed that the former had 
joined with the Government for monetary and other benefits. Some Muslim 
groups accused the Government of being a Christian institution, and 
charged that Muslims in power were interested only in safeguarding 
their 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 Constitution provides for these 
rights, and the Government generally respected them; however, 
bureaucratic inefficiency and corruption delayed implementation in 
practice, and respect for the right of asylum deteriorated during the 
year.
    Mainlanders were required to show identification to travel to 
Zanzibar, although the requirement largely was ignored in practice. 
Zanzibaris needed no special identification to travel to the mainland. 
Mainlanders were not allowed to own land in the islands, except in 
partnership with foreign investors. There was no prohibition against 
mainlanders working in the islands; however, in practice few 
mainlanders were hired.
    Police and the TPDF sometimes set up roadblocks in rural parts of 
the country and in Zanzibar. Government officials manning these 
roadblocks sometimes solicited bribes to allow passage.
    Passports for foreign travel at times were difficult to obtain, 
mostly due to bureaucratic inefficiency and officials' demands for 
bribes.
    The Constitution does not permit the forced exile of its citizens, 
and the Government did not use forced exile in practice.
    During the year, the Legal and Human Rights Center (LHRC) alleged 
that the Citizenship Act continued to be used by the director of 
immigration services to reject citizenship for reasons of personal 
prejudice.
    The citizenship of Ali Nabwa, the managing editor of Dira, has not 
been restored; however, he had not been deported by year's end.
    The law provides for the granting of refugee and asylum status in 
accordance with the 1951 U.N. Convention Relating to the Status of 
Refugees or its 1967 Protocol, and the Government has established a 
system for providing protection to refugees. In practice, the 
Government frequently did not provide protection against refoulement, 
the return of persons to a country where they feared persecution; on a 
number of occasions, particularly in October and November, the 
Government refouled refugees and refused persons seeking asylum or 
refugee status. The Government also deported between 400 and 700 
persons whom it claimed were Burundians living in local villages in 
Ngara district. The Government at times did not cooperate with the 
UNHCR during the year. For example, on some occasions, the Government 
did not allow the UNHCR to be present at screenings for refugees as 
they arrived at the border or did not inform the UNHCR about arrival of 
new asylum seekers.
    The Government applied ad hoc asylum procedures. The determination 
of refugee status rests solely with the Minister of Home Affairs (MHA), 
who was authorized to grant or reject applications for asylum. The MHA 
can declare any group of persons to be refugees by notice in the 
Government Gazette, and the Government determined Burundians and 
Congolese to be prima facie refugees. The Minister may also decide on 
cases individually. These individuals are required by law to register 
with the Director for Refugee Services and subsequently appear before a 
National Eligibility Committee (NEC) in which the UNHCR participates as 
an observer. In practice, this procedure was not observed. Cases were 
not heard by the NEC and instead were decided by local government 
officials.
    Despite the MHA's mandate, the army and regional and district 
commissioners exercised a great deal of independent control over 
refugees in their regions. For example, the district commissioners, 
including the District Commissioner of Kibondo, continued to restrict 
access into and out of the camps and to prohibit refugees from leaving 
camps without a permit. Refugees caught outside the restricted areas 
were arrested, imprisoned, and deported to the countries from which 
they sought refuge, often without due process. Relatives of the accused 
often were not notified of their detention. In addition, the TPDF 
screened refugees as they arrived at the border and sometimes did not 
allow the UNHCR to be present.
    In Kigoma, government officials (immigration, police, and MHA) 
screened new arrivals at the only official entry point in Kigoma, 
Kibirizi 1; the regional commissioner closed the other points in 2003. 
They often rejected asylum seekers and immediately handed them to 
Immigration Services for deportation. The majority of these refugees 
were Burundians. Unlike in the previous year, government officials 
permitted the UNHCR to have access to rejected cases, and sometimes 
allowed it access to the screening process.
    During the year, the Kibondo District Commissioner repeatedly 
visited camps and urged refugees to return home; however, unlike in the 
previous year, there were no reports that the Kibondo District 
Commissioner ordered the staff of refugee way stations not to receive 
new refugees arriving from Burundi.
    At year's end, the number of UNHCR-assisted refugees in the country 
was approximately 407,000: Approximately 249,000 Burundian refugees, 
153,000 Congolese refugees, 2,000 refugees of mixed origin, and almost 
200 Rwandan refugees living in 12 UNHCR-assisted camps in the 
northwest; there were also approximately 200,000 Burundian refugees who 
arrived prior to 1994 who were not being assisted by the UNHCR. In 
addition, there were approximately 3,000 Somalis living in a settlement 
camp near the coast receiving some UNHCR assistance. Many Burundian 
refugees continued to return home under the perceived threat of 
refoulement. In addition, the UNHCR, with strong encouragement from the 
Government, increased efforts to facilitate returns to designated areas 
in Burundi that were considered secure. At year's end, the UNHCR had 
assisted in the repatriation of 82,930 refugees since January 1. Unlike 
in the previous year, there were no UNHCR reports that the Government 
did not register refugees from the Democratic Republic of the Congo 
(DRC), or that police were informally controlling groups of DRC 
refugees along the border. Rwandans no longer qualified for prima facie 
refugee status. The Government's relations with the UNHCR deteriorated 
during the later half of the year. During the year, the Government 
reportedly pressured the UNHCR to speed up the facilitated repatriation 
program. In January 2003, the Government expelled the head of a UNHCR 
sub-office in Ngara; he was not allowed back in the country.
    During the year, there was a sharp increase in the number of 
reports indicating that the Government refused persons seeking asylum 
or refugee status.
    On March 2, government officials imprisoned two Burundian refugees 
in the western part of the country and subsequently forced them to 
return to Burundi. In addition, during the first quarter of the year, 
in Kibondo district, security forces arrested eight other refugees and 
forcibly returned them to Burundi.
    During October and November, the Government refused to grant asylum 
to approximately 100 asylum seekers, most of whom came from Kirundo 
province in Burundi.
    The Government's application of immigration laws to refugees 
instead of applying the 1998 Refugees Act continued to be a problem. 
Sentences under Immigration laws are more stringent than those under 
the Refugees Act. After serving their sentences under the Immigration 
Act, asylum seekers and refugees often were issued Prohibited Immigrant 
Notices and deported.
    For example, on March 21, two Burundian refugees were arrested and 
immediately deported to Burundi.
    Anti-refugee sentiment among the 2 million citizens living in 
refugee-affected areas of the country was high due to pressure on local 
resources; the belief that refugees were responsible for an increase in 
crime, small arms trafficking, HIV/AIDS, and environmental degradation; 
and the provision of goods and services for refugees that were not 
available to the local population. However, many services offered by 
the UNHCR, NGOs, and international organizations, in particular health 
care and road improvement projects, were available to the local 
population. In December, President Mkapa announced that the Government 
would not allow a new influx of Burundian refugees to enter the country 
if the political situation in Burundi deteriorated.
    The UNHCR, with government cooperation, continued to provide 
security for refugees, including the training of local camp security 
guards and the provision of subsidy payments, vehicles, and radios to 
police; however, during the year, crime--including at least two 
killings and several rapes and robberies--was a serious problem in and 
around the refugee camps. Between June and August, there was a sharp 
increase in crime in the northwest district of Ngara. There was also a 
sharp increase in crime in the Kigoma region during the latter part of 
the year. Government officials blamed refugees for the increase in 
crime; however, it was unclear who was responsible for the crimes. 
According to Refugees International, during the year, several refugees 
complained repeatedly about the inaction of police and refugee security 
guards and their lack of capacity to prevent violence and provide 
protection.
    In May, according to the U.N. World Food Program, villagers in 
Kibondo district reportedly killed a refugee suspected of stealing food 
items from their village.
    It is illegal for refugees to live outside of the camps or 
settlements, or to travel outside of their respective camps without 
permission. However, refugees often had to travel more than 5 miles to 
collect firewood because local supplies were inadequate; these 
refugees, usually women and children, were subject to theft, physical 
abuse, and rape. There were a number of police positions funded to 
patrol the camps. There were reports that police based in refugee camps 
sexually exploited female refugees. Woman and children sometimes 
engaged in prostitution in the refugee camps. Under the Refugees Act, 
refugees must obtain permits to work, and during the year, authorities 
strictly enforced restrictions on movement, which imposed economic 
difficulties on refugees who had been illegally farming or doing 
business outside the camps for several years.
    There were reports that some refugees engaged in vigilante justice 
within camps, occasionally beating other refugees. There was 
significant hostility and resentment against Burundian refugees during 
the year and continuing concern regarding violence allegedly 
perpetrated by some armed Burundian and Rwandan refugees. Local 
officials reported incidents of banditry, armed robbery, and violent 
crime, allegedly perpetrated by refugees in the areas surrounding 
refugee camps. Rape and domestic violence remained problems in refugee 
camps. The UNHCR, in coordination with the Government and local NGOs, 
continued programs to increase awareness about sexual and gender-based 
violence and deal with abuses in the camps.
    The Government did not adequately investigate, prosecute, or punish 
perpetrators of abuses in refugee camps. There were mediation councils 
in the refugee camps and police patrols in the camps, but many cases 
were not referred to local authorities.
    According to the Coalition to Stop the Use of Child Soldiers, 
children continued to be recruited as soldiers from the country's 
refugee camps (see Section 5).
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The Constitution provides citizens with the right to change their 
government peacefully; however, this right was circumscribed severely 
in the 2000 general elections on Zanzibar, and again in May by-
elections held in two districts on the mainland. Serious irregularities 
were also observed in some districts in local elections in November.
    There were general elections in 2000, in which the ruling CCM's 
candidate Benjamin Mkapa was elected President with 71 percent of the 
vote. In the parliamentary elections, the CCM won 202 of the 232 
elected seats. In the Zanzibar presidential election, Abeid Amani 
Karume defeated the candidate from the opposition CUF party. On the 
mainland, international observers concluded that the elections were 
free and fair and conducted peacefully; however, four separate 
international observer teams concluded that the vote on Zanzibar was 
marred by irregularities, voter intimidation, and politically motivated 
violence. In addition, 16 CUF members were expelled from the National 
Parliament after they boycotted the legislature to protest the Zanzibar 
election results.
    Although the 2003 by-elections held in 17 districts on Zanzibar 
were generally considered to be free and fair, in the May by-elections 
on the mainland, government offices dominated by the ruling CCM party 
frequently denied permits requested by opposition parties for rallies 
or demonstrations, arbitrarily detained opposition members, and 
intimidated and harassed opposition supporters.
    On May 30, by-elections for a parliamentary seat formerly held by 
opposition member of the United Democratic Party (UDP) John Cheyo were 
conducted in Bariadi, Shinyanga. During the campaign period before the 
election, there were reports that police detained 30 UDP supporters and 
then released them. Cheyo also alleged that police fired at a UDP 
vehicle.
    On May 30, by-elections were conducted for village councilor seats 
formerly held by the Tanzania Labor Party (TLP), an opposition party, 
in Moshi Rural. On five different occasions during the campaign, police 
arrested Thomas Ngawaiya, an M.P. and member of the TLP. After a party 
meeting the evening before the election, unidentified persons in two 
vehicles forced the car containing Ngawiya and three TLP councilors to 
the side of the road, beat them, stabbed one, and vandalized the car. 
No action was taken against the perpetrators.
    In November, local elections were held on the mainland. The 
elections were marred by violent confrontations, burned ballots, long 
delays prior to voting, and one death (see Section 1.a.). The 
Government re-administered the local elections the following week in 
148 of the Dar es Salaam region's 387 electoral areas.
    During the year, opposition political parties complained that the 
National Electoral Commission was not independent since all 
commissioners were appointed by the President, and were presumed to be 
CCM party loyalists. Opposition political parties criticized the ward 
executive officers responsible for registering voters because they 
considered the officers to be subject to CCM influence. The law 
prohibits independent candidates who are not running with a registered 
political party; requires all standing M.P.s to resign if they join 
another party; requires all registered political parties to support the 
union with Zanzibar; and forbids parties based on ethnic, regional, or 
religious affiliation.
    On semi-autonomous Zanzibar, a separate Zanzibar Electoral 
Commission (ZEC) is responsible for voter registration and for the 
conduct of elections for Zanzibari offices. The Muafaka Accord, 
negotiated between the CCM and the CUF following the 2000 elections, 
provided for the ZEC to establish a permanent voters' registry in 2003; 
although the registry was not completed in 2003, the ZEC had begun to 
register voters on Zanzibar by year's end and was expected to complete 
the registry by April 2005, in advance of the general elections. At 
some registration sites, there were violent confrontations between 
paramilitary forces and citizens, one of which resulted in death (see 
Section 1.a.). In December, the ZEC temporarily closed as many as 10 of 
the 58 registration centers that were active in December, reportedly 
due to violence or the threat of violence. During the year, the CUF 
alleged that the Government transferred paramilitary units from the 
mainland or from pro-CCM districts of Zanzibar into pro-CUF districts, 
where they registered to vote in the 2005 general elections; the CCM 
denied the charges.
    By year's end, 16 political parties were registered. CCM controlled 
296 seats, approximately 93 percent of the seats, in the National 
Assembly.
    The Government restricted political opponents by denying their 
permit requests to hold rallies, harassing them, and detaining them for 
short periods of time (see Section 1.d.).
    There were reports during the year that police in Zanzibar 
arrested, detained, and harassed CUF members (see Section 1.d.).
    Election law provides for outgoing M.P.s to receive $20,000 (20 
million shillings) as a ``gratuity,'' which incumbents continued to use 
in their re-election campaigns to facilitate their return to the 
national assembly. Several NGOs criticized this provision and said it 
made it extremely difficult for aspiring parliamentary candidates from 
the opposition parties to mount effective and fair competition.
    On Zanzibar, both CCM and CUF have active youth wings. Each accused 
the other party's youth wing of committing violent attacks. During the 
year, members of the CUF youth wing were accused of stoning CCM offices 
and of the July 10 stoning of the car belonging to a CCM administrative 
officer.
    On March 25, Deputy Ministry for Home Affairs John Chilligati 
banned the CUF youth wing from practicing karate. The Deputy Minister 
was quoted as saying that the opposition should not have their own 
armies and that judo and karate were military exercises.
    On June 15, unidentified youths beat and robbed CUF party Chairman 
Ibrahim Lipumba when he was visiting a school in Bukoba; the CUF 
alleged that the attack was politically motivated.
    Despite significant changes in the past decade, corruption remained 
a pervasive problem throughout the Government. There was a strong 
public perception of corruption in the executive branch.
    There was little accountability in most government entities. The 
Ministry of Finance has estimated that 20 percent of the Government's 
budget in each fiscal year is lost to corruption, including theft, 
fraud, and fake purchasing transactions. According to the Controller 
Auditor General's annual report, more than half of the Ministry of 
Health's budget could not be accounted for. In 2002, only 20 out of 117 
districts received a clean audit by the Controller Audit General. 
Transparency International reported in its annual Corruption 
Perceptions Index for 2004 that citizens perceived slightly less 
corruption than in the previous year.
    The Good Governance Coordination Unit (GGCU) is charged with 
implementing anti-corruption legislation and with coordinating anti-
corruption efforts; however, this three-person unit continued to be 
severely underresourced. The GGCU continued to collect information from 
all the ministries and publish quarterly reports, which detailed the 
implementation of the National Anti-Corruption Strategy and Action Plan 
(NASCAP), allegations of fraud and waste, and actions taken.
    The PCB, the Government's leading anti-corruption entity, is 
responsible for investigating cases of corruption on the mainland and 
referring them to the courts for prosecution. The PCB does not operate 
in Zanzibar because corruption law is not a union matter. The PCB lacks 
constitutional recognition, and is under the authority of the office of 
the President, two factors that hindered its ability to resist 
political pressures and prosecute high-level corruption cases. The 
PCB's Director General served at the pleasure of the President and had 
no security of tenure. During the year, the PCB continued to refer 
cases to the Deputy Public Prosecutor (DPP); however, the prosecution 
of corruption cases remained slow and inefficient. The PCB usually 
required 2 years to investigate a case of corruption. If the PCB 
referred the case, the DPP typically required an additional 2 years to 
review the case's merits and decide whether to prosecute it. Only about 
5 percent of corruption cases reported to the PCB's regional offices 
during the last 5 years have been heard by a court of law.
    Between 1995 and June, the PCB received 10,319 reports of 
corruption and investigated 9,507 of them. Of the cases investigated, 
357 were prosecuted, resulting in 48 convictions. No high-level 
government leaders were tried on corruption charges during the year. As 
of June, 5,387 cases were pending with the PCB. According to the head 
of the PCB's investigation unit, the PCB had 38 prosecutors. As of 
September, the PCB had 73 district offices in every mainland region, a 
hotline for the public to report cases of corruption, and a total of 
about 730 investigators. Anti-corruption activists criticized the 
Government for not providing the PCB with the capacity to monitor the 
implementation of recommendations that the PCB made to institutions.
    According to the PCB, most corruption-related complaints involved 
mining; land matters, particularly title deed fraud; energy; and 
investment. The lack of regulations for the program to privatize state 
entities was also a source of corruption complaints. According to anti-
corruption NGOs, most allegations of corruption involved the Tanzania 
Revenue Authority, local government officials, licensing authorities, 
hospital workers, and the media.
    During the year, the Government took steps to fight corruption, 
acting through the GGCU, the PCB, the Commission for Human Rights and 
Good Governance, and the Ethics Secretariat. During the year, the 
Government raised the wages of civil servants to reduce the temptation 
to commit corruption. In addition, the Government continued to build 
the PCB's capacity, providing for an average of 100 new additional 
investigators to join the PCB each year. The Government's Commission 
for Leadership Ethics received the annual declarations of wealth by 
certain public leaders.
    The Zanzibari House of Representatives has denied the request of 
the Union Government's Ethics Secretariat to open an office on the 
isles. An office of the Commission for Human Rights and Good Governance 
existed on the isles, but at year's end, it still had no mandate from 
the Zanzibar Government to investigate corruption cases.
    During the year, human rights observers, members of the political 
opposition, and legal experts continued to accuse the CCM of engaging 
in corruption during elections because of CCM's use of provisions in 
the country's election law that allow candidates to offer hospitality, 
gifts, and favors--known as ``takrima''--to constituents during 
campaigns. The groups said the law--by not defining limits on the form, 
amount, or duration of the hospitality that candidates can provide to 
the electorate--continued to provide a ``loophole for corruption.'' 
During the year's debate on the ethical nature of takrima, some 
political figures said the law allowing for takrima promoted the 
African tradition of providing hospitality and encouraged citizen 
participation in the electoral process; however, many observers 
expressed concern that the practice of takrima gave the CCM party undue 
influence, particularly because the CCM party received significantly 
larger government subsidies under the law than other parties. East 
African Court of Justice Judge Joseph Warioba, who chaired a 
presidential commission that produced a landmark report on corruption 
in 1996, said corruption was rampant in the political arena during the 
year. Warioba, a former Prime Minister, also said that takrima allowed 
politicians to buy votes by offering goods and cash to individuals and 
communities; however, there were no confirmed reports of vote buying 
during the year. Voting procedures witnessed by election observers 
during the year included provisions for a secret ballot and provided 
significant safeguards against a direct quid pro quo exchange of a 
bribe for a ballot cast. The practice of takrima nonetheless gave the 
wealthier parties undue influence in electoral politics. According to 
Edward Hoseah, the director of the PCB's investigations unit, the 
Government needed to draw a clear line between hospitality and bribery 
to avoid further encouraging electoral corruption.
    Civil society's contribution to anti-corruption efforts increased. 
In its annual human rights report, the LHRC reported that corruption 
remained a widespread problem, and that the Government had only 
``scratched the surface.'' Media experts noted that, despite frequent 
articles and editorials on corruption, investigative reporting was 
scarce and that the media itself suffered from corruption.
    During the year, the Government investigated and prosecuted some 
cases of corruption. For example, in a high-profile case in February, a 
top administrator of Zanzibar's Joint Presidential Supervisory 
Commission was forced to resign after an internal investigation 
revealed that he had embezzled donor funding that had been intended for 
the implementation of Zanzibar's bi-partisan Muafaka Accord. The 
administrator was later arrested while trying to flee the country. The 
case was pending at year's end.
    In July, police arrested a Mbulu district magistrate on charges of 
bribery. By year's end, no additional information was available.
    In November, according to the Guardian newspaper, authorities 
arrested and charged two investigation officers with the Iringa 
Regional Crimes Office, Station Sergeant Deogratias Chale and Sergeant 
Germanus Ngaliluwula, with soliciting and receiving a bribe from a 
citizen, who paid the bribe after the officers threatened to arrest 
him. The case was under investigation at year's end.
    During the year, international donors criticized the Government for 
its reluctance to take needed steps to fight corruption.
    There were no laws that provided for access to information held by 
the Government, and in practice, citizens' access to Government 
information was very limited. Government officials estimated that 90 
percent of all government documents were classified, including 
administrative forms (see Section 2.a.).
    By law, persons holding certain public offices must make a formal 
declaration of their wealth to the Public Leaders' Ethics Secretariat, 
but the declaration forms were not made public, and it remained 
difficult for members of the public or journalists to gain access to 
this information. Persons seeking to access a form were required to pay 
a fee of about $3 (3,000 shillings) and provide written justification 
for the request. Some of the forms were shared with the PCB during the 
year.
    Early in the year, Parliament established the Parliamentary Online 
Information System (POLIS) to increase access to government 
information. POLIS was intended to make politics and policy making more 
understandable and accessible to the public. By year's end, POLIS' 
reach remained limited, since only about 300,000 of the country's 37 
million citizens had Internet access; opposition politicians noted that 
most parliamentarians lacked Internet access.
    The Constitution requires that women occupy at least 20 percent of 
seats in Parliament, and women are appointed by their respective 
political parties to serve in these seats, popularly known as ``Special 
Seats.'' There were 60 women in the 295-seat legislature; 12 female 
M.P.s were elected members of the CCM; 47 female M.P.s occupied the 
Special Seats; and 1 female M.P. was nominated--although not appointed 
by year's end--by President Mkapa. Women occupied seven seats in the 
Zanzibar House of Representatives. There were three women in the 
cabinet of the national Government, and one in the cabinet of the 
Zanzibar Government. In addition, one woman served as a justice of the 
Court of Appeal.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    A wide variety of domestic human rights groups generally operated 
without government restriction, investigating and publishing their 
findings on human rights cases. The Government generally was 
cooperative and responsive to their views, although many human rights 
organizations reported the Government did not respond or was slow to 
respond to requests for information. The government-mandated 
registration process has been used to limit NGO activities. The 
Government of Zanzibar reportedly interpreted the existence and actions 
of NGOs as anti-government. In addition, there were reports that many 
parliamentarians harbored mistrust towards NGOs and believed they 
existed solely to make money.
    Active domestic human rights NGOs included the Center for Human 
Rights Promotion, the LHRC, Tanzania Media Women's Association (TAMWA), 
and Tanzania Women Lawyers' Association. There were also many smaller 
local human rights NGOs based outside of Dar es Salaam. The Zanzibar 
Legal Services Center was one of the few active human rights 
organizations on Zanzibar. All of these organizations were independent 
of the Government. Government representatives met with domestic human 
rights NGOs, responded to their inquiries, and participated in training 
seminars, such as those concerning international humanitarian law, FGM, 
child labor, and women's rights.
    The 2002 NGO Act requires all NGOs to register with a government-
appointed NGO Coordination Board (see Section 2.b.). NGOs were 
concerned that this law could be used to limit their operations, and 
the Government could use the denial of registration as a political 
tool. During the year, NGOs and the Government worked cooperatively to 
consider revisions to the law to address these problems.
    In May, the NGO Coordination Board was established, but it had not 
registered any NGOs by year's end.
    The 2002 NGO Act does not apply to Zanzibar. The Government of 
Zanzibar has not responded to requests for registration by the African 
Human Rights and Justice Protections Network, which has been pending 
since 1994. The Government allowed the Lawyer's Environmental Action 
Team (LEAT) to reregister after having revoked its license in 2003, and 
LEAT operated during the year.
    At year's end, the Zanzibar Human Rights Association's registration 
request, which had been pending for several years, remained pending.
    The Prevention of Terrorism Act, which imposes strong sanctions on 
NGOs suspected of ties to terrorism, had not been implemented by year's 
end; however, Muslims believed it unfairly targeted their religiously 
affiliated NGOs.
    In June, 24 journalists, in cooperation with the LHRC, founded the 
country's first Human Rights Press Club, which was intended to 
research, monitor, investigate and report on relevant human rights 
problems.
    On May 14, armed assailants killed an NGO worker in Ngara district 
after they attacked a UNHCR-owned truck, which bore visible logos of 
both the UNHCR and a local NGO. After an exchange of gunfire with the 
assailants, members of the truck's police escort ran out of ammunition 
and fled. A worker with the local NGO Tanganyika Christian Refugee 
Services (TCRS) who refused to give the assailants his valuables was 
shot and later died from blood loss. The road on which the attack took 
place had been subject to banditry in the past, and it was not clear 
whether the assailants had targeted the UNHCR, the TCRS, or other local 
NGOs. By year's end, police detained some Burundian refugees for 
questioning in relation to the attack; however, no one was charged for 
the crime.
    During the year, there were numerous international human rights 
NGOs working directly and indirectly on human rights in the country. 
The Government allowed international humanitarian organizations to have 
free and open access during a prolonged drought at the beginning of the 
year.
    The International Criminal Tribunal for Rwanda War Crimes (ICTR) 
continued to be hosted in Arusha. The Government has been supportive of 
and cooperative with the ICTR.
    The Commission for Human Rights and Good Governance accepted 
outside requests for and initiated investigations into human rights 
abuses committed by the Government, companies, or individuals, such as 
police brutality, corruption, and violations of women's rights. The 
majority of the cases brought to the Commission have been labor 
grievances. The Commission is also mandated to act as a plaintiff in a 
trial; however, it does not have judicial powers. Furthermore, it has 
no jurisdiction over matters pending before a court or other tribunal 
(the Commission can make recommendation for remedies but courts must 
decide on them), any dispute that involves the President of the country 
or the President of Zanzibar, or relations between the Government and a 
foreign state or international organization. NGOs viewed the 
Commission's work favorably, and some sent cases to the Commission for 
investigation; however, some were critical of the Commission. During 
the year, in a case involving the eviction of small-scale miners, LEAT 
alleged that two Commissioners were biased in favor of a mining 
company. The Government cooperated with the Commission during the year.
    The Commission has no legal mandate to operate in Zanzibar but 
retained an office there.
    During the year, the Commission actively investigated complaints, 
visited regions to explain the Commission's mandate, heard evidence in 
a land displacement case, and released a report on the poor conditions 
in the country's prisons (see Section 1.c.). During the 12 months 
following July 2003, the Commission resolved 1,464 complaints and 
received 2,683 new complaints. However, the Commission remained 
underfunded, understaffed, and overburdened by a caseload of more than 
5,500 unresolved complaints.
    In December, the Commission ruled that District Commissioner Thomas 
Ole Sabaya and a police commissioner were guilty of ordering the 
forcible eviction of 135 villagers from Nyamuma, in the Mara Region, 
and the burning of their houses and food supplies to displace them from 
the Serengeti National Park in 2001. The Commission ordered the 
Government to compensate the villagers within 3 months and resettle 
them on the land from which the Government forced them.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The Constitution prohibits discrimination based on nationality, 
ethnicity, political affiliation, race or religion; however, the 
Government did not always effectively enforce these prohibitions. 
Discrimination based on sex, age, or disability was not prohibited 
specifically by law but was discouraged publicly in official statements 
and by government policies. Discrimination against women; refugees; 
national, racial, and ethnic minorities; and persons with HIV/AIDS 
persisted, and societal ethnic tensions continued to be a problem.

    Women.--Domestic violence against women remained widespread. The 
law does not specifically prohibit spousal battery. Cultural, family, 
and social pressures prevented many women from reporting abuses to 
authorities, and action rarely was taken against perpetrators of 
physical abuse against women. Police often had biases against pursuing 
domestic abuse cases; however, unlike in the previous year, there were 
no reports that police demanded bribes to investigate allegations. 
There was no available information about the number of domestic abusers 
prosecuted or convicted. Traditional customs that subordinate women 
remained strong in both urban and rural areas, and local magistrates 
often upheld such practices. wife beating was an acceptable practice 
and occurred at all levels of society. Women have been punished by 
their husbands for not bearing children. TAMWA estimated that as many 
as 50 percent of women were beaten by their husbands. Women who sought 
advice from mainland legal aid clinics most commonly cited domestic 
abuse as the reason for wanting a divorce. Generally, women tolerated 
domestic abuse for a long time before seeking a divorce. The courts 
recognize domestic violence as grounds for divorce.
    The law provides for life imprisonment for persons convicted of 
rape; however, rape continued to be a serious problem. Several persons 
were prosecuted and convicted for rape and battery under the law during 
the year. Sexual and gender-based violence continued to be a problem in 
the refugee camps (see Section 2.d.).
    There was no available information about estimates of the number of 
rape cases. One official estimated in 2003 that the majority of rape 
cases went unreported, and only 5 percent of actual rape cases were 
filed in a court of law. According to the Vuga Deputy Court Magistrate, 
between 2000 and June 2003, 118 rape cases were filed at the Vuga 
Resident Magistrate's Court in Zanzibar; by year's end, there was no 
information available on the number of those cases that were still 
pending. According to a Zanzibar High Court judge, courts often 
rejected cases due to a lack of evidence. Some police reportedly 
advised rape victims to clean themselves before going to hospitals for 
examinations, which contributed to the removal of important evidence. 
In 2003, Zanzibar's Ugunja island had only one hospital that conducted 
post-rape examinations, and it did so only on Thursdays. Since rape 
victims had to wait for as long as 6 days for examinations, much 
crucial evidence was lost. During the year, the Government's Unguja 
hospital changed its policy, and began conducting post-rape 
examinations during all regular operating hours. However, the only 
public hospital on Pemba Island continued to conduct post-rape 
examinations only once a week. Rape and sexual abuse of girls and women 
with disabilities reportedly was prevalent during the year.
    The law partially criminalizes female genital mutilation (FGM); 
however, enforcement continued to be extremely lax, and by year's end, 
an estimated 18 percent of the country's female population, about 4 
million women, had undergone FGM. Data from anti-FGM activists 
suggested that the prevalence of the procedure was declining somewhat, 
but the data also suggested that the average age of victims had 
decreased to less than 10 years old, with some newborns reportedly 
undergoing FGM. In Singida region, FGM was often performed on infants 
who had become sick with malaria or other diseases, so that any 
deleterious effects resulting from the procedure would not raise 
suspicion among neighbors and relatives. FGM was practiced by 
approximately 20 of the country's 130 tribes and was most prevalent in 
11 mainland regions, including Arusha, Singida, Kilimanjaro, Morogoro 
and Dar es Salaam. In the rest of the country, the prevalence rate of 
FGM was estimated to be less than 5 percent. In some regions, 
practitioners continued to openly perform mass circumcisions involving 
hundreds of girls annually. The most common types of FGM were the 
excision of the clitoris and labia minora; however, infibulation, the 
most severe form of mutilation, was also practiced, mainly in the 
northern highlands and the central zone.
    The law prohibits the practice of FGM on any female younger than 18 
years of age. Penalties range from 5 to 15 years of imprisonment, or a 
fine not exceeding $277 (300,000 shillings), or both. The law does not 
provide legal protection for women 18 years of age or older, and does 
not establish a minimum fine. The law was largely perceived to target 
the parents or relatives of the victim; it was not widely perceived to 
target the practitioners, or ``ngaribas,'' hired to perform FGM.
    During the year, five arrests and two successful prosecutions were 
reported. In Singida region, a 1-year-old girl died in April following 
a circumcision. The girl's father reported the case, and police 
arrested the victim's mother and grandmother, who had arranged the 
circumcision. Both were sentenced to 10 years of imprisonment.
    No action was taken in the 2002 death of a young girl following an 
FGM procedure in Dodoma.
    Enforcement of the anti-FGM law was difficult because many police 
officers and many communities were not aware of the law; police did not 
have adequate resources to protect victims; and victims were often 
reluctant to testify against family members and neighbors who forced 
them to undergo FGM. Some witnesses feared reprisals from supporters of 
FGM. For example, in one incident during the year, members of a 
community in Dodoma region brandished machetes and threatened a 
neighbor who had reported a case of FGM to local authorities.
    Corruption also made it difficult to enforce the anti-FGM law. Some 
villagers reportedly have given local leaders sums as great as $277 
(300,000 shillings) to be allowed to have their daughters circumcised, 
without fear of arrest or prosecution. In addition, most cases have 
been dismissed from courts under the pretense of lack of evidence, 
often despite strong evidence from the victims and even confessions 
from their parents or guardians, or the FGM practitioners.
    Reducing the practice of FGM remained difficult because some 
regional government officials favored or profited from the practice, or 
feared speaking out against it because of the perceived political 
consequences of opposing FGM and the power of traditional leaders who 
supported FGM. The communities that were aware of the law prohibiting 
FGM viewed it as an unjust threat to a cultural tradition. A lack of 
medical information on the harmful and long-term health effects of FGM 
remained a problem. Many communities believed FGM increased fertility, 
reduced sexual desires leading to prostitution, and reduced infant 
mortality. Many fathers believed they would receive higher ``bride 
prices'' for daughters who had undergone FGM. In addition, 
practitioners of FGM, ngaribas, relied on the practice for income. Cash 
payments usually varied between $1 (1,000 shillings) and $5 (5,000 
shillings); non-cash payments have involved one goat per circumcision 
performed.
    The Government developed a National Plan of Action for the 
Elimination of FGM, but it was not widely circulated. During the year, 
many anti-FGM activists continued to criticize the central Government 
for its a lack of commitment to hold some M.P.s and local government 
officials accountable for failing to enforce the anti-FGM law.
    During the year, the Anti-Female Genital Mutilation Network (AFNET) 
and a coalition of anti-FGM NGOs engaged in awareness-raising 
activities and conducted research on FGM. During the year, anti-FGM 
groups continued to sensitize the ngaribas about the harmful effects of 
FGM and train them for other lines of work.
    The law prohibits prostitution; however, prostitution, including 
child prostitution, remained common. Poor rural woman and young girls 
immigrating to urban areas were most at risk. There were reports during 
the year that female refugees engaged in prostitution, although the 
number of such reports decreased from the previous year.
    The law prohibits sexual harassment against women in the workplace. 
Male colleagues sometimes harassed women seeking higher education, and 
the authorities largely ignored the practice. The extent of the problem 
was unknown.
    The Constitution provides for equality of woman; however, 
inheritance, marriage, and land laws do not consistently support full 
equality, and in practice women's rights often were not respected. The 
Ministry of Gender, Community Development, and Children and the 
Ministry of Justice were responsible for protecting the legal rights of 
women. Women generally were not discouraged from seeking employment 
outside the home; however, in the public sector, which employed 80 
percent of the salaried labor force, certain statutes restricted 
women's access to some jobs or hours of employment (see Section 6.e.). 
While progress on women's rights was more noticeable in urban areas, 
strong traditional norms still divided labor along gender lines and 
placed women in a subordinate position. Discrimination against women 
was most acute in rural areas, where women were relegated to farming 
and raising children and had almost no opportunity for wage employment.
    Civil society activists reported widespread discrimination against 
women in matters of inheritance. The Land Act, which came into effect 
during the year, overrides customary law if customary law denies women 
their right to use, transfer, and own land; however, the land courts 
that were supposed to hear these cases had not been established by 
year's end. Women's rights of co-occupancy was recognized by the law; 
however, this provision was not enforced in practice, and married women 
whose unions had not been legalized under customary, Hindu, Muslim, 
Christian, or civil marriage laws were particularly vulnerable when 
they separated from their husbands, either by divorce or death.
    The immigration laws discriminate against women by penalizing women 
who marry foreigners. If a Tanzanian woman marries a foreign man, the 
foreign man is not eligible to apply for citizenship or a residency 
permit. Since the Government does not recognize dual citizenship, the 
Tanzanian woman who marries a foreign man may have difficulty residing 
legally in the country, and in practice, the woman may be forced to 
give up her Tanzanian citizenship. This increasingly was a problem in 
the refugee camps for women who married Burundian men.
    Women in Zanzibar and on many parts of the mainland faced 
discriminatory restrictions on inheritance and ownership of land and 
other property because of concessions by the Government and courts to 
customary and Islamic law. For example, many of the regional tribal 
laws that compose the country's customary law completely prohibit 
widows from inheriting land from their deceased husbands, even when 
land is marital property, and subject the widows to being inherited by 
men from her husband's family. While provisions of the Marriage Act 
provide for certain inheritance and property rights for women residing 
on the mainland, the Act is not applicable in Zanzibar. In addition, 
the application of customary, Islamic, or statutory law depended on the 
lifestyle and stated intentions of the male head of household. The 
courts have upheld discriminatory inheritance claims, primarily in 
rural areas.
    Under Zanzibar law, unmarried women under the age of 21 who become 
pregnant were subject to 2 years' imprisonment (see Section 1.f.).
    Several NGOs organized workshops and seminars, and some ran legal 
aid clinics addressing a wide range of woman right's issues.

    Children.--Government funding of programs for children's welfare 
increased during the year. The Government made some constructive 
efforts to address children's welfare, including working closely with 
UNICEF and other international and local organizations to improve the 
well being of neglected children and of the country's estimated 2 
million orphans.
    The law provides for 7 years of compulsory education through the 
age of 15. Primary education was compulsory, free, and universal on 
both the mainland and Zanzibar; however, there were inadequate numbers 
of schools, teachers, books, and other educational materials to meet 
the demand. Fees were charged for enrollment beyond Form 2, the 
equivalent of the second year of high school; as a result, some 
children were denied an education. Parents had to pay for books and 
uniforms. In some cases, children were unable to attend school because 
poorly paid teachers demanded money to enroll them or because teachers 
were absent. The primary school dropout rate was between 30 and 40 
percent. UNICEF stated that the net primary school enrollment/
attendance rate was 47 percent. The literacy rate was approximately 70 
percent; for girls, it was 57 percent compared with 80 percent for 
boys. The rate of girls' enrollment in school was lower than that of 
boys and generally declined with each additional year of schooling. 
Only 6 percent of boys and 5 percent of girls were enrolled in 
secondary school. In some districts, the attendance of girls continued 
to decline because girls often had to care for younger siblings, do 
household work, and enter early marriages, often at the behest of 
parents. Despite a law to permit pregnant girls to continue their 
education following maternity absences, the practice of forcing 
pregnant girls out of school continued.
    Corporal punishment in schools was a problem.
    During the year, several NGOs, including UNICEF and World Vision, 
had HIV/AIDS awareness programs for children.
    FGM was performed on girls, primarily in the central region and 
among the pastoralist tribes (see Section 5, Women).
    The law criminalizes child prostitution and child pornography, and 
under the law, sexual intercourse with a child under 18 years is 
considered rape regardless of consent; however, the law was not 
effectively enforced in practice. At an ILO workshop, the Zanzibar 
Labor Minister, citing a report published in 2001 by the International 
Labor Organization (ILO), said sex tourism involving the commercial 
sexual exploitation of children under the age of 18 remained a problem 
in Zanzibar (see Section 5, Trafficking).
    It was customary for girls as young as 14 years of age to be 
considered adults for the purposes of sexual intercourse and marriage. 
Child marriages are sanctioned under the law with parental consent for 
girls 12 years of age and older. There were reports of child 
prostitution and other forms of trafficking in children (see Section 5, 
Trafficking).
    According to the Coalition to Stop the Use of Child Soldiers, which 
identified an unspecified NGO as its source, the recruitment of 
children from the country's refugee camps for use as child soldiers 
continued during the year. UNHCR personnel working in the refugee camps 
designated for Burundians investigated these allegations, but they were 
unable to confirm the recruitment of any children. During the year, 
UNICEF reported that there were no sudden declines in the school 
attendance rates of refugees, which they said would have given an 
indication of the recruitment of child soldiers.
    Trafficking in persons, including children, and commercial sexual 
exploitation were problems (see Section 5, Trafficking).
    Child labor was a problem (see Section 6.d.).
    UNICEF estimated there were 2 million child orphans, most of them 
orphaned by AIDS. There were significant numbers of street children in 
both Dar es Salaam and Arusha. Street children had limited access to 
health and education services because they lacked a fixed address and 
money to purchase medicines or pay for uniforms or books. In the 
refugee camps, orphans were generally absorbed into other families. 
Those who were not absorbed generally qualified as extremely vulnerable 
individuals and received additional support and counseling.

    Trafficking in Persons.--The law does not prohibit all forms of 
trafficking, and there were reports that persons were trafficked to, 
from, and within the country. The Sexual Offences Special Provisions 
Act prohibits trafficking of persons, but not forced labor, and 
trafficking remained a problem. Trafficking was punishable by 10 to 20 
years of imprisonment, or a fine of $100 (100,000 shillings) to $300 
(300,000 shillings). Other laws could be used to prosecute trafficking, 
such as labor laws against forced and bonded labor. According to the 
Ministry of Home Affairs, two cases of trafficking were reported during 
the year. Of the six trafficking cases reported since 2001, four cases 
were still pending in courts at year's end. The remaining two cases 
were under investigation.
    On September 26, police reportedly arrested 31 persons suspected of 
forming part of an international trafficking ring. The ring used the 
country as a transit point, along with Kenya and South Africa, for 
trafficking persons from India to the U.S.
    On July 14, a court heard the case of a woman and a man arrested 
for allegedly trafficking five children from the Iringa region to Dar 
es Salaam, but the children, who were the key witnesses, were not 
available to testify. By year's end, the police were attempting to find 
the children to recommence the hearing.
    Police continued to investigate the rise of child trafficking in 
Iringa region. By year's end, no additional prosecutions had resulted 
from this investigation.
    According to Zanzibar Labor Minister Iddi Ramadhani Mapuri, citing 
a rapid assessment report published in 2001 by the ILO, children under 
the age of 18, most of whom were allegedly from the mainland, were 
engaged in commercial sexual exploitation in Kiwengwa and Nungwi on 
Northern Ugunja.
    The Ministry of Labor, Youth Development, and Sport; the Ministry 
of Community Development, Women's Affairs, and Children; and the police 
share responsibility for combating trafficking. The Government 
cooperated with authorities in other countries on international 
trafficking and sexual abuse cases. In a case pending at year's end, 
the Government was cooperating with Interpol to extradite a British man 
wanted for sexual abuse of children in India. He was operating a series 
of homes for street children and orphans in the country.
    The country was a source and destination country for trafficked 
persons. Children were trafficked from rural to urban areas for work 
(see Section 6.d.). The ILO and UNICEF reported that children who left 
home to work as domestic laborers (``house girls'') in other towns or 
villages often were subjected to commercial sexual exploitation. There 
were unconfirmed reports that women and girls may have been trafficked 
to South Africa, the Middle East, North Africa, and Europe. The country 
was also a destination for trafficked persons from India and Kenya. 
Unlike in the previous year, there were no reports that persons from 
the mainland were trafficked to Zanzibar to work as prostitutes or in 
the tourism industry.
    Unlike in the previous year, there were no reports that children in 
the country's large refugee population were highly vulnerable to being 
trafficked to work on farms; however, although UNHCR personnel were not 
able to verify the report, the Coalition to Stop the Use of Child 
Soldiers reported that some refugee children were recruited as soldiers 
during the year (see Section 5, Children).
    Children in low-income families were at significant risk of being 
trafficked, and girls were more vulnerable than boys since girls were 
considered more of an economic burden on their families. Girls who 
completed primary school but did not enter secondary school were at 
particularly high risk. The country was also experiencing a boom in the 
number of child-headed households as more adults succumbed to HIV/AIDS-
related disease and death, leaving their dependents at very high risk 
for child labor and trafficking.
    The methods of trafficking varied. Some trafficking victims were 
sent with assistance from their family; some went on their own to 
escape life in rural areas; and some were brought by someone who had 
offered to help them find work in the city, legitimate or otherwise. 
The Center for Human Rights Promotion reported that men recruited 
village girls who had completed primary school but were not entering 
secondary school. They offered the girls money and employment, and 
promised a better life if the girls accompanied them to urban areas. 
These girls reportedly ended up in prostitution or domestic labor. 
Another method of trafficking that occurred in the country was the 
traditional practice of low-income parents entrusting a child to a 
wealthier relative or respected member of the community, who was 
charged with caring for the child as one of his or her own. Some 
persons took advantage of this traditional practice and placed the 
child in a situation where he or she was at risk of being exploited or 
abused. Sometimes placement and transport to households was organized 
by small-scale free-lance agents who recruited children from rural 
villages.
    There was no evidence of institutional involvement in trafficking 
by government agencies; however, there were reports that government 
officials or their relatives engaged in trafficking. There were also 
isolated reports that some police officials accepted bribes to ignore 
commercial sexual exploitation. The Government took no action against 
government officials engaged in trafficking.
    The Government provided short-term medical training and health care 
supplies to an NGO working with trafficking victims, and in cases where 
trafficked foreign women were arrested for prostitution, the women were 
repatriated to their country of origin. The Government also 
participated in the ILO's Timebound Program to Eliminate the Worst 
Forms of Child Labor, to help end child prostitution and child domestic 
labor (see Section 6.d.). Under the Timebound Child Labor Program, 
small domestic NGOs worked with trafficking victims, including child 
prostitutes and domestic laborers, to provide them with education, 
shelter, and legal information.
    The Government took some steps to prevent trafficking in persons. A 
child labor committee, which included local government officials, 
identified children who were particularly vulnerable to trafficking and 
determined eligibility for additional services. There were no 
government or NGO media campaigns to inform the public about the 
dangers of trafficking specifically, but there were media campaigns to 
educate persons about the worst forms of child labor.

    Persons With Disabilities.--Although there was no official 
discrimination against persons with disabilities, in practice, persons 
with physical disabilities effectively were restricted in their access 
to education, employment, and other state services due to physical 
barriers. The Government did not mandate access to public buildings, 
transportation, or government services for persons with disabilities 
and provided only limited funding for special facilities and programs. 
Rape and sexual abuse of girls and women with disabilities was 
reportedly prevalent.
    The Department of Social Welfare has responsibility for 
coordinating disabilities matters. The Ministry of Education, the 
Ministry of Justice, and the Ministry of Labor were responsible for 
enforcing the protection of rights of persons with disabilities for 
education, legal claims, and labor rights respectively.

    National/Racial/Ethnic Minorities.--The Asian population, which was 
viewed unfavorably by many African citizens, consisted of approximately 
50,000 persons. There were no laws or official policies that 
discriminated against Asians; however, as the Government continued to 
place more emphasis on market-oriented policies and privatization, 
public concern regarding the Asian minority's economic role increased.
    During the year, there were reports of sporadic violent clashes 
between pastoralist and agriculturalists, but none resulted in death. 
For example, on June 26, pastoralists were alleged to have injured five 
farmers in Mbeya region.

    Indigenous People.--Pastoralist tribes experienced discrimination 
in schools for wearing traditional dress or ornaments. Government 
policy requires all children attending schools to wear uniforms.
    The Barabaig and other nomadic persons in the north continued to 
seek compensation for past government discrimination, which included 
government efforts to make them adopt a more modern lifestyle and to 
restrict their access to pastoral lands that were turned into large 
government wheat farms.
     Other Societal Abuses and Discrimination.--In August, the Zanzibar 
President assented to a bill that outlaws homosexuality and lesbianism. 
The law, which took effect in September, establishes a penalty of up to 
25 years of imprisonment for men who engage in homosexual 
relationships, and 7 years for women in lesbian relationships. By 
year's end, there were no reports that anyone was punished under the 
law. Homosexuals faced societal discrimination.
    The Tanzania Parliamentarians' AIDS Coalition addressed 
discrimination against persons infected with HIV/AIDS. However, there 
were reports that discrimination--including limitations on housing, 
healthcare, and education--continued to occur against the estimated 3.5 
million persons in the country living with HIV/AIDS. There were 
isolated reports that private employers fired or did not hire persons 
based on the perception that they had HIV/AIDS.
Section 6. Worker Rights
    a. The Right of Association.--The law allows workers to form and 
join unions without prior authorization; however, in practice, many 
private sector employers adopted anti-union policies or tactics that 
limited this right. All workers, including those classified as 
essential service workers, were permitted to join unions. The Union and 
Zanzibar Governments do not share the same labor laws, and they enforce 
them separately. The labor law that applies to the mainland applies to 
both public and private sector workers. The mainland's law requires a 
trade union for employees to consist of at least 20 members, and for 
employers, 4.
    In April, the President assented to two labor bills that Parliament 
passed after consultations with unions and employers; however, by 
year's end, the Ministry of Labor had not implemented the new laws 
because it had not yet established transitional arrangements, such as 
training for labor dispute mediators.
    The labor law in Zanzibar applies only to private sector workers. 
Workers are not allowed to join mainland-based labor unions. In 
addition, the Zanzibar labor law requires that a union consist of 50 
members to be registered, and it stipulates that trade union officers 
must possess a sufficiently high literacy level.
    The sole labor federation, the Trade Union Congress of Tanzania 
(TUCTA), had 317,000 members, which constituted less than 2 percent of 
the total workforce of 18 million. Approximately 27 percent of the 
workforce that is engaged in paid, ``formal sector'' employment was 
unionized. In the agricultural sector, which was the country's single 
largest employer, an estimated 5 to 8 percent of the work force was 
unionized.
    On the mainland, the law permits the Registrar of Trade Unions to 
impose large fines, imprisonment, or both for failing to register a 
trade union. The Registrar also was permitted to deregister the smaller 
of two trade unions when more than one existed in an industry and to 
order the smaller union to rescind memberships. The Registrar can 
suspend a trade union for contravening the law or the union's own 
rules, suspend a union for 6 months on grounds of public order or 
security, and invalidate a union's international trade union 
affiliation if certain internal union procedures are not followed. The 
Registrar did not use these powers during the year; however, union 
leaders and other labor rights observers continued to criticize the 
excessive powers that the law vests in the Registrar of Trade Unions.
    In any given mainland trade union, only one union leader may be 
legally occupied full time in carrying out his trade union functions. 
All others must work full time in the enterprise or industrial sector 
in which they have been elected.
    On the Zanzibar isles, particularly on the island of Pemba, 
political opposition members claimed that the Government discriminated 
against them in hiring. The Government was the largest employer in the 
isles.
    On the mainland, the Security of Employment Act prohibits 
discriminatory activities by an employer against union members; 
however, during the year, there were several reports of anti-union 
discrimination in the formal private sector. Employers found guilty of 
anti-union activities were required under the law to reinstate workers. 
The Warioba Commission found that bribes often determined whether a 
worker dismissed from his job was actually reinstated. Most labor 
unions reported that private sector employers, particularly those that 
privatization and economic reforms have attracted to the country, 
practiced anti-union discrimination. Some of these investors reportedly 
have threatened to terminate or lay-off employees who want to join 
trade unions. Some employers also have not allowed unions to call for 
and hold recruitment meetings at their work places. For example, at 
Geita Gold Mining, Ltd (GGM), the code of conduct and access agreement 
signed between the mining union, TAMICO, and GGM prohibits workers who 
have joined TAMICO from undertaking any trade union activity at the 
work place, including meetings. To gain access to workers, trade union 
officials had to request access permission from management 3 days in 
advance of a visit. GGM management effectively denied recognition to 
the mining union TAMICO. According to a study TUCTA conducted during 
the year, approximately 85 percent of the interviewed workers reported 
the use of pressure by management, including the threat of termination 
of employment, to discourage workers who wanted to join TAMICO.
    At the Analabs Company, a subcontractor for GGM, Simon Martin, a 
chairperson of a newly formed trade union branch, reportedly was 
transferred to another region of the country, and when he reported for 
work at his new station in January, he was dismissed on accusations of 
theft. The Industrial Court ordered Analabs to reinstate the worker 
after the company failed to provide evidence to support the charges; 
however, as of year's end, management had refused to implement the 
order. In addition, on August 2, about 900 GGM workers went on strike 
after management refused to discuss TAMICO's demands for recognition 
and after reconciliation by the Ministry of Labor's Labor Commission 
failed. The case was referred to the Industrial Court on August 18. No 
additional information was available at year's end.
    There were reports during the year that some employers were 
deducting union dues from workers' paychecks, but they were late in 
sending the dues to unions or they failed to send remittances 
altogether. For example, in the case of the Tanzania Local Government 
Workers' Union (TALGWU), as of January 2002, local governments owed 
TALGWU approximately $195,000 (210 million shillings).
    The labor law in Zanzibar does not protect trade union members from 
anti-union discrimination, and there were several reports of anti-union 
discrimination during the year in Zanzibar.

    b. The Right to Organize and Bargain Collectively.--The law 
provides for collective bargaining, and workers and employers practiced 
it freely during the year; however, the law does not apply to the 
public sector. The Government set wages administratively for employees 
of the Government and state-owned organizations, who number less than 5 
percent of the work force.
    On the mainland, workers had the legal right to strike, only after 
they exhausted protracted mediation and conciliation procedures leading 
ultimately to the Industrial Court. A union that is not satisfied with 
the decision of the Industrial Court could conduct a legal strike if a 
minimum of two-thirds of its members voted in favor of striking; 
however, this vote must be taken in the presence of a government labor 
officer, which some labor rights observers said made it intimidating 
for unions in the public sector to decide to strike. The mediation and 
conciliation procedures can prolong a dispute for months without 
resolving it.
    On the mainland, there were no laws prohibiting retribution against 
legal strikers. During the year, there were at least three formally 
sanctioned strikes. In addition, frustrated workers staged illegal 
wildcat strikes and walkouts pending a resolution of their cases in the 
Industrial Court.
    On Zanzibar, the law prohibits all workers from striking.
    There are two Export Processing Zones on Zanzibar and three on the 
mainland. EPZ working conditions on the mainland were comparable to 
those in other areas; however, on Zanzibar, there were unconfirmed 
reports of labor abuses. Labor law protections applied to EPZ workers.

    c. Prohibition of Forced or Compulsory Labor.--The Constitution 
prohibits forced or compulsory labor; however, it does not specifically 
cite forced labor by children, and there were reports that such 
practices occurred (see Section 6.d.). Subsequent laws have limited the 
prohibition by allowing for unpaid work for community development 
projects and prison labor. In some rural areas, villagers still were 
obligated by law to work without pay in the village community gardens 
or on small construction projects such as repairing roads.
    According to a survey of the mining company GGM, conducted during 
the year by TUCTA, 85 percent of GGM workers interviewed reported that 
they were forced by circumstances to work overtime, under perceived 
threat of termination.
    The Prisons Act allows for prisoners to work without pay on 
projects within the prison, such as on agriculture so that the prison 
could be self-sufficient. In practice, prisoners were used to do forced 
labor on projects outside of the prison, such as road repair and 
government construction projects.
    There continued to be reports that forced and compulsory labor by 
children occurred (see Sections 5 and 6.d.).

    d. Prohibition of Child Labor and Minimum Age for Employment.--On 
the mainland, the law establishes 15 years as the minimum age for 
contractual employment and prohibits children from working near 
machinery, or engaging in underground work; however, this provision was 
often not respected in practice, and child labor continued to be a 
problem. The mainland's law provides that children between the ages of 
12 and 15 may be employed on a day-to-day basis, but they must have 
parental permission, may only work between the hours of 6 a.m. and 6 
p.m., and must return to the residence of their guardian at night. 
Employers are obliged to maintain registers listing the age of workers, 
working conditions, the nature of employment, and commencement and 
termination dates. The Employment Ordinance, however, does not apply to 
children working on family farms or herding livestock.
    According to a comprehensive survey conducted by the Ministry of 
Labor between 2000 and 2001, almost 40 percent of children between 5 
and 17 years old (4.7 million out of an estimated 12 million children) 
were engaged in economic activities. Of these 4.7 million children, the 
survey estimated that 1.2 million were engaged in the worst forms of 
child labor. These ``worst forms of child labor'' included the sectors 
of commercial agriculture, mining, domestic service, or prostitution. 
Approximately 76 percent of all working children worked in commercial 
agriculture. The survey estimated the overall labor force participation 
rate of children to be 60 percent in rural areas and 28 percent in 
urban areas.
    The ILO and UNICEF reported that children who left home to work as 
domestic laborers in other towns or villages often were subjected to 
commercial sexual exploitation. According to the Conservation Hotel, 
Domestic, and Allied Workers Union (CHODAWU) and the ILO, the majority 
of domestic child laborers in the country were girls, mostly between 
the ages of 13 and 15. Most of them worked between 12 and 14 hours each 
day, 7 days a week, without rest or being compensated for the extra 
time worked; sometimes they worked under abusive and exploitative 
conditions. According to a 2003 survey by the TAMWA, almost 60 percent 
of a sample of house girls said they had been pressured into having sex 
or were forced to have sex with the males in the families they served.
    The ILO estimated that 3,000 to 5,000 children engaged in seasonal 
employment on commercial farms, sometimes in hazardous conditions. In 
mining regions, between 1,500 and 3,000 children worked in unregulated 
gemstone mines as ``snake boys,'' crawling through narrow tunnels to 
help position mining equipment and working with explosives. Children 
could also be found working as fishermen, barmaids, street vendors, car 
washers, and garbage scavengers, among other jobs. They also worked in 
semi-skilled crafts such as carpentry and auto repair. Girls as young 
as 7 years old, and increasingly boys, were involved in prostitution 
within the country and were sometimes trafficked (see Section 5, 
Trafficking).
    During the year, there was a sharp increase in the use of child 
labor in the Zanzibar isles, according to Zanzibar Labor Minister Iddi 
Ramadhani Mapuri, who drew information from a rapid assessment report 
published in 2001 by the ILO. Mapuri said the use of child labor in 
Zanzibar was becoming rampant and that combating it would require the 
immediate cooperation of many institutions. The report he cited 
indicated that children were being used in fishing, clove picking, 
domestic labor, petty business such as selling cakes, and commercial 
sexual exploitation near tourist attractions (see Section 5, 
Trafficking in Persons).
    The Labor Ministry is responsible for enforcement of labor laws; 
however, there were only about 30 labor inspectors in the country. 
Their capacity to monitor labor laws was limited, and their meager 
salaries made them vulnerable to corruption. Prosecutions were few.
    By year's end, the Ministry of Labor was developing a community-
based monitoring system to gather information and identify child labor 
trends, partly to compensate for the lack of labor inspectors. The 
Labor Ministry lacked a centralized database for information on 
enforcement activities, so it remained difficult to determine the 
number of labor investigations, indictments, or prosecutions conducted 
annually; labor experts in the country estimated the number to be 
minimal. District or community level Child Labor Coordinating 
Committees and subcommittees identified and monitored cases of child 
labor, but they did so with varying degrees of effectiveness. 
Representatives of the ILO, UNICEF, and local NGOs state that these 
problems were not due to a lack of political will to fight child labor 
but rather to a lack of resources.
    Several government ministries, including the Ministry of Labor, 
Youth Development, and Sports, have special child labor units. The 
Government continued to implement, in collaboration with the ILO, a 
``Timebound Program to Eliminate the Worst Forms of Child Labor.'' The 
program sought to eliminate child labor in commercial agriculture, 
mining, domestic work, and prostitution in 11 districts by 2010. The 
program builds capacity, develops media programs, identifies children 
most in need of withdrawal, and provides rehabilitation, education, and 
alternative training for rescued children. By year's end, the ILO 
reported that about 9,000 children had been withdrawn from the worst 
forms of child labor since 2002.
    Under the Timebound Program, several local NGOs continued to 
identify and withdraw children from exploitative child labor. The Kiota 
Women's Health and Development Organization worked to rehabilitate 
exploited girls who work as prostitutes or domestic servants. Another 
organization, CHODAWU, established village level inspections to 
identify cases of exploitative labor. CHODAWU also coordinates with 
grassroots child labor committees to withdraw children from 
exploitative situations.

    e. Acceptable Conditions of Work.--The legal minimum wage for 
employment in the formal sector was $53 (48,000 shillings) per month. 
Even when supplemented with various benefits such as housing, transport 
allowances, and food subsidies, the minimum rate did not always provide 
a decent standard of living for a worker and family, and workers 
depended on their extended family or on a second or third job. Despite 
the minimum wage, most workers, particularly in the growing informal 
sector, were paid much less; it reportedly was not rare for domestic 
workers to earn around $6.50 (7,000 shillings) per month.
    There were many reports that employers regularly fired employees 
shortly after hiring them; employers reportedly used this tactic to 
avoid having to adhere to a law requiring them to provide certain 
benefits and salary minimums to employees who have worked for them for 
more than 3 months.
    There was no standard legal workweek for private sector workers; 
however, a 5-day, 40-hour workweek was in effect for government 
workers. Most private employers retained a 6-day, 44- to 48-hour 
workweek. In general, women could not be employed between 10 p.m. and 6 
a.m., although this restriction was usually ignored in practice.
    Several laws regulate safety in the workplace. The Ministry of 
Labor and Social Welfare and Youth Development managed an Occupational 
Health and Safety Factory Inspection System; however, its effectiveness 
was limited. Labor standards were not enforced in the informal sector, 
and a large percentage of the workforce was employed in the informal 
sector.
    Workers could sue an employer through their union if their working 
conditions did not comply with the Ministry of Labor's health and 
environmental standards. A labor complaint must be filed before a labor 
officer, who convenes a hearing where the employer and employee state 
their cases. The employee or employer can appeal that decision to the 
Minister of Labor and Social Welfare and Community Development. Some 
labor officers accepted bribes from employers not to accept or certify 
these complaints. There were no reports that workers who lodged and won 
such complaints faced retribution; however, workers did not have the 
right to remove themselves from dangerous situations without 
jeopardizing their employment if they lodged a complaint and lost. 
Legal foreign workers have the same wage and working condition rights 
as other workers.

                               __________

                                  TOGO

    Togo is a republic dominated by President Gnassingbe Eyadema, who 
came to power in 1967 following a military coup. Eyadema and his Rally 
of the Togolese People party (RPT), strongly backed by the armed 
forces, continued to dominate political power and maintained firm 
control over all levels of the country's highly centralized government. 
In 2002, the newly elected National Assembly modified the Constitution, 
which had limited the President to two 5-year terms, and permitted 
President Eyadema to seek re-election. Contrary to a public statement 
that he would not seek re-election, President Eyadema ran against four 
opposition party leaders and one independent candidate in June 2003, 
and his RPT party declared victory, claiming 57.22 percent of the vote. 
The election was marred by voter inability to access their registration 
cards, and the Government failed to investigate allegations of 
irregularities, including intimidation of opposition party monitors and 
the stuffing of ballot boxes. The executive branch continued to 
influence the judiciary.
    The security forces consist of the army (including the elite 
Presidential guard), navy, air force, the Surete Nationale (including 
the national police), and the Gendarmerie. The police and Gendarmerie 
perform domestic intelligence functions. Approximately 75 percent of 
the army's officers and soldiers are from the President's Kabye ethnic 
group. While civilian authorities generally maintained effective 
control of the security forces, there were a few instances in which 
elements of the security forces acted independently of government 
authority. Members of the security forces committed serious human 
rights abuses.
    According to the Ministry of Economy and Finance, approximately 72 
percent of the country's estimated working population of 2.3 million 
(out of an estimated population of 5 million) was engaged in 
agriculture, but there was also an active commercial sector. 
Approximately 4 percent of the population was engaged in the private 
commercial and industrial sector, 2 percent in the public sector, and 
22 percent in the informal sector. Economic growth continued to lag 
behind population growth. Anti-corruption efforts continued, but the 
Government's budgetary and fiscal discipline continued to be weak. 
International and bilateral donors announced the release of some funds 
and laid out conditions that must be met for the resumption of full 
assistance.
    The Government's human rights record remained poor; although there 
were a few improvements, serious problems remained. Citizens' right to 
change their government was restricted in practice. Security forces 
committed unlawful killings and beat civilians. Impunity was a serious 
problem. The Government jailed and at times tortured political 
opponents and critics of the Government. Prison conditions remained 
very harsh. Arbitrary arrest and detention were problems. Prolonged 
pretrial detention was common. The judiciary did not ensure fair and 
expeditious trials. Security forces infringed on citizens' privacy 
rights. The Government and the security forces restricted freedom of 
speech and of the press and harassed journalists and political 
opponents. The Government restricted freedom of assembly, association, 
and movement. The National Commission for Human Rights (CNDH) continued 
to be dominated by supporters of the President. The Government did not 
impede work of international NGOs during the year. Violence and 
societal discrimination against women remained problems. Female genital 
mutilation (FGM) persisted among some ethnic groups. Trafficking in 
women and children remained a problem. Favoritism among certain ethnic 
groups remained a problem. The Government limited workers' rights to 
collective bargaining. Child labor was a problem.
    In April, the Government began formal political consultations with 
the European Union. Subsequently, the Government adopted a new press 
code; released 500 prisoners, including some described by opposition 
parties and human rights groups as political prisoners, and began 
discussions with the political opposition.
                        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, during the year, two persons died of alleged abuse while in 
custody. On January 7, Kouma Tengue was arrested for assaulting and 
injuring a young man. He died 3 days later while in police detention in 
Keve, a small town in the southeastern region. The private press, 
Togolese League of Human Rights (LTDH), and the International 
Federation of Leagues of Human Rights (FIDH) reported that Tengue's 
autopsy revealed that he died from a violent shock (his face and body 
bore signs of beating) and not by drowning as the security officer 
maintained.
    On August 14, Army Lieutenant Innocent Kondoh Kpandang died in the 
civil prison of Lome after 15 months in detention for alleged 
participation in coup-plotting. According to press reports Lieutenant 
Kpandang died after prison officials refused to allow him access to 
medical treatment for a chronic condition.
    The Government took no action against the security force members 
who killed three civilians in two separate clashes related to the June 
2003 presidential election.
    Unlike in the previous years, there were no deaths resulting from 
clashes during demonstrations.
    There was no action taken, nor was any action likely to be taken, 
in the cases of unlawful killings from previous years.

    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 physical abuse of prisoners 
and detainees; however, there were reports such practices occurred. 
Some former prisoners credibly claimed that security forces beat them 
during detention; however, there were fewer reports than in previous 
years. The LTDH and the FIDH reported that Kouma Tengue died from 
beatings while in custody (see Section 1.a.). Impunity remained a 
problem, and the Government did not publicly prosecute any officials 
for these abuses.
    Security forces reportedly detained and tortured opposition members 
(see Section 1.d.).
    Security forces harassed, intimidated, and beat journalists (see 
Section 2.a.).
    Security forces forcibly dispersed demonstrations and injured 
persons (see Section 2.b.).
    There was no action taken, nor was any likely to be taken, against 
those responsible for the 2002 alleged beating of two opposition Action 
Committee for Renewal (CAR) party members by security forces.
    Prison conditions remained very harsh, with serious overcrowding, 
poor sanitation, and unhealthy food. In December, Lome's central 
prison, meant to hold 500 prisoners, held 1600 inmates, including 64 
women prisoners. More than 85 percent of inmates were pretrial 
detainees. Medical facilities were inadequate, and disease and drug 
abuse were widespread. Sick prisoners reportedly had to pay 
approximately $2.75 (1,500 CFA francs) to guards before being allowed 
to visit the infirmary. There were reports that prison security 
officials sometimes withheld medical treatment from prisoners (see 
Section 1.a.). Lawyers and journalists reported that prison guards 
charged prisoners a small fee to shower, use the toilet, or have a 
place to sleep.
    The children of convicted women were often incarcerated with their 
mothers, who were housed separately from the male prisoners. Juvenile 
prisoners were held separately from adults. Pretrial detainees were not 
held separately from convicted prisoners.
    Unlike in previous years, local NGOs were allowed access to all 
prisons in the country. An international NGO, Human Rights 
Certification (HRC), visited prisons during the year to investigate the 
presence of political prisoners; local NGOs, African Committee for the 
Promotion and Support of Human Rights and the African Center for the 
Rehabilitation of Victims of Torture and Repression, also visited 
prisons in June and reported lack of medical facilities. The LTDH was 
allowed full access after the Government began consultations with the 
European Union (EU)in April.
    Diplomatic representatives were given access to their detained 
citizens.

    d. Arbitrary Arrest or Detention.--The Constitution prohibits 
arbitrary arrest and detention; however, the Government generally 
disregarded these prohibitions.
    Police were generally ineffective and corrupt. Security Forces for 
the Presidential Election was established to avoid possible clashes 
during elections and was composed of members of various police units; 
however, it was disbanded after the 2003 elections. Impunity was a 
problem. The Government in general did not investigate or punish 
effectively those who committed abuses, nor did it prosecute persons 
responsible in previous years for unlawful killings and disappearances.
    The law authorizes judges, senior police officials, prefects, and 
mayors to issue warrants. Although detainees have the right to be 
informed of the charges against them, police sometimes ignored this 
right. The law allows authorities to hold arrested persons 
incommunicado without charge for 48 hours, with an additional 48-hour 
extension in cases deemed serious or complex. Family members and 
attorneys officially had access to a detainee after 48 or 96 hours of 
detention; however, authorities often delayed, and sometimes denied, 
access. The law stipulates that a special judge conduct a pretrial 
investigation to examine the adequacy of evidence and decide on bail; 
however, in practice detainees often were held without bail for lengthy 
periods with or without the approval of a judge.
    Unlike in the previous year, the Government did not use brief 
investigative detentions of less than 48 hours to harass and intimidate 
opposition activists and journalists.
    The Government at times resorted to false charges of common crimes 
to arrest, detain, and intimidate opponents. For example, on May 20, 
Marc Palanga, the Union of Forces for Change (UFC) leader in Kara, was 
released after spending 15 months in prison. He had been arrested in 
February 2003 on suspicion of gun possession and accused of making 
false allegations against Lieutenant Colonel Ernest Gnassingbe, the 
President's son and former commander of the Kara Para commando military 
base during an earlier detention. Palanga was finally tried and 
sentenced on May 3 to 7 months in prison for assaulting gendarmes and 
assisting with the prison escape of Mazama Katassa; he was released 17 
days later. Palanga reported that he had been beaten regularly while in 
detention.
    On May 28 Daniel Koffi Aganon, UFC youth president, and Vincent 
Godevi, UFC youth member, were sentenced to 8 years in prison for 
alleged possession of arms. They had been arrested in June 2003 for 
organizing demonstrations and distributing political handouts 
protesting the 2003 presidential election results. The Government 
released them and other prisoners on August 17 under a presidential 
amnesty.
    Aganon reported that during his 3-month detention he was beaten 
with a police baton while his hands and feet were tied, in an attempt 
to force a confession. Aganon reported that police also beat Vincent 
Godevi while in custody.
    In December, various media outlets reported that Hemou Kpatcha, 
former prefet, was incarcerated in October for providing Togolese 
identification documents to former Prime Minister and regime critic 
Agbeyome Kodjo in the 1980s. At year's end, Kpatcha had been detained 
for 2 months without formal charges. The Government refused to answer 
inquiries from human rights NGOs and refused to allow them to meet with 
Kpatcha.
    After forcibly dispersing demonstrations during the year, members 
of the security forces arrested and detained participants, sometimes 
without charges (see Section 2.b.).
    A shortage of judges and other qualified personnel, as well as 
official inaction, resulted in lengthy pretrial detention--in some 
cases several years--and confinement of prisoners for periods exceeding 
the time they would have served if tried and convicted. Lawyers 
estimated that in December 85 percent of the prison population was 
pretrial detainees (see Section 1.c.).
    One of the Government's 22 commitments to the European Union was to 
release all political prisoners; however, the Government claimed it 
held no political prisoners or detainees. The Government subsequently 
released an estimated 500 prisoners after a monitoring visit by HRC 
raised questions about why some were in detention. Many of the released 
prisoners had been detained for months without trial (see Section 
1.e.).
    The military officers and soldiers arrested in May 2003 for 
connections to the alleged coup-plotting of Lieutenant Colonel Kouma 
Bitenewe were not among the estimated 500 prisoners released in August.

    e. Denial of Fair Public Trial.--The Constitution provides for an 
independent judiciary; however, in practice the executive branch 
continued to exert control over the judiciary.
    There were three associations of magistrates in the country: The 
Union of Magistrates of Togo (SMT), the National Association of 
Magistrates (ANM), and the Professional Association of Magistrates of 
Togo (APMT). A majority of the APMT members were supporters of 
President Eyadema. Judges who belonged to the pro Eyadema APMT 
reportedly received the most prestigious assignments, while judges who 
advocated an independent judiciary and belonged to the ANM and SMT 
often were assigned to second-tier positions. For example, in Lome, the 
presidents of the Constitutional Court, Supreme Court, Court of Appeals 
and First Instance Court were members of the APMT as were the Public 
Prosecutor and the Attorney General. In Kara, the president of the 
Court of Appeals and the president of the First Instance Court were 
members of the APMT.
    The Constitutional Court stands at the apex of the court system. 
The civil judiciary system includes the Supreme Court, Appeals Courts, 
and First Instance Court. A military tribunal exists for crimes 
committed by security forces; its proceedings are closed. The court 
system remained overburdened and understaffed.
    The judicial system employs both traditional law and the Napoleonic 
Code in trying criminal and civil cases. Trials are open to the public, 
and judicial procedures generally are respected. Defendants have the 
right to counsel and to appeal. The Bar Association provides attorneys 
for the indigent. Defendants may confront witnesses and present 
evidence on their own behalf.
    In rural areas, the village chief or council of elders is 
authorized to try minor criminal and civil cases. Those who reject the 
traditional ruling can take their cases to the regular court system, 
which are the starting point for cases in urban areas.
    Although the Government stated that there were no political 
prisoners in the country, they released 500 prisoners during the year. 
Those released included seven members of the main opposition party UFC, 
who were arrested in 2003 for various alleged misdeeds at the time of 
the presidential election. The UFC confirmed that Daniel Koffi Aganon, 
youth leader and Vincent Godevi, UFC youth member, arrested in June 
2003, and their comrades Ayi Hillah, Ahlin Kokou Byll, Kossi Nayo, 
Georges Damessi, and Epiphane Tossavi, arrested in May 2003, and 
convicted on May 28, were released on August 17 (see Section 1.d.). On 
August 17, the Government also released the former Mayor of Lome who 
was accused of corruption and misappropriation of public funds and 
detained for nearly 3 years without trial.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The Constitution prohibits such practices; however, 
security forces often infringed on these rights. In criminal cases, a 
judge or senior police official may authorize searches of private 
residences, and in political and national security cases the security 
forces need no prior authorization. Unlike in previous years, there 
were no reports that police conducted searches without warrants.
    Unlike in previous years, there were no reports that security 
forces entered private residences for the purpose of disrupting 
meetings among opposition political figures.
    In June, former president of the National Assembly and regime 
critic Dahuku Pere addressed a letter to the Minister of Interior 
requesting the return of three boxes of documents gendarmes confiscated 
when they searched the house of Kpindji-Nade Alfa, a member of Pere's 
political party, in June 2003. At year's end, the Government had taken 
no action on this request.
    Citizens believed that the Government monitored telephones and 
correspondence, although such surveillance was not confirmed.
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, while there were some 
improvements in the media environment, there continued to be 
significant problems. The Government sometimes harassed and intimidated 
journalists. Independent newspapers were not permitted to circulate in 
Kara until mid-July. Unlike in the previous year, there were no reports 
that security forces interfered with the distribution of newspapers. 
There were reports that the Government interfered with radio stations 
during the year. Journalists practiced self censorship.
    On August 24, the National Assembly approved a revised press code 
which eliminated most prison sentences but maintained them for 
journalists who: Iincite ethnic or racial hatred; incite the population 
to violate national laws; incite armed and security forces to 
rebellion; or incite the population to theft and destruction of 
property. In addition, any person or organization that publishes 
articles under a false name could be subject to a prison term. The 
revised code also increases financial penalties against journalists 
accused of a range of transgressions, including insulting or reporting 
false information regarding the president or other government 
officials. The law sets standards of professionalism for journalists 
and requires that the licenses of journalists be revoked if they are 
convicted more than once of offenses such as defamation or if they 
violate standards of professional conduct. In addition, the law 
requires independent newspapers to ensure their reporting staffs are at 
least one-third ``professional journalists,'' a status accorded only by 
the Government.
    The Constitution established the High Authority of Audiovisual and 
Communications (HAAC) to provide for the freedom of the press, ensure 
ethical standards, and allocate frequencies to private television and 
radio stations. Although nominally independent, in practice the HAAC 
operated as an arm of the Government. In November, the Government 
annulled the 1996 law that established the HAAC, and passed a new law 
which specified that the HAAC is independent from all political and 
administrative authorities. Other changes included increasing the 
number of HAAC seats from seven to nine and specifying that journalists 
or communications specialists must fill at least two seats. Under the 
new law, three seats are chosen by the President, three by the Senate, 
and three by the National Assembly. The law also allows the HAAC to 
manage its budget independently of the Government. In July 2003, the 
Togolese Council of Editors of Private Press (CTEP) received a 
substantial grant from President Eyadema ostensibly intended to 
strengthen the professionalism of independent journalists. Media 
organizations that predate the CTEP, including the Association of Press 
Editors and Union of Editors and Press insisted that the Government 
used the CTEP to guide resources to select publications.
    On September 16, President Eyadema reportedly convoked CTEP members 
to his office to demand that they reinstate Lucien Messan as chairman 
after the organization removed him from his position on September 3, 
apparently due to lack of transparency in his management of the 
organization's funds. Messan was reinstated effective October 1.
    There was a lively independent press, most of which was heavily 
politicized, and some of which was highly critical of President 
Eyadema. More than 15 privately owned newspapers were published with 
some regularity. The only daily newspaper, Togo-Presse, was government-
owned and controlled. There were several independent newspapers that 
published on weekly and biweekly schedules. The official media heavily 
slanted their content in favor of the President and the Government.
    Radio remained the most important medium of mass communication. 
Some private radio stations broadcast domestic news; however, they 
offered little of the political commentary and criticism of the 
Government that was widespread in the print media.
    The government-owned Togo Television was the only major television 
station in the country. Four smaller television stations operated 
during the year but their broadcasts were limited to certain geographic 
areas. TV-2, RTDS, and TV7 carried France-based TV-5's international 
news programming, and TV-Zion's content was of a primarily religious 
nature. TV2 also carried weekly political debates through two programs, 
Le Club de la Presse (until it was canceled) and Metro Express, a 
weekly political forum where governing and opposition party leaders, 
human rights organizations, and other observers participated in 
discussions on political issues and participants criticized the 
Government.
    In one-instance members of the security forces beat journalists, 
and there were a few reports that government officials harassed members 
of the media; however, here were fewer reports than in previous years. 
There were no reports of journalists arrested or detained during the 
year. On May 15, in a widely distributed letter addressed to the human 
rights organization LTDH, Yves Kpeto of Radio Nana FM claimed that 
while covering a student demonstration on the University of Lome campus 
on April 30, security forces beat him, newspaper reporter Kwamivi 
Amouzouvi, and some University students. Kpeto wrote that the beatings 
took place in front of two Government ministers. Security forces 
confiscated Kpeto's microphone, diskette, and identification cards. The 
microphone and the identification cards were returned 4 days later. The 
diskette, which contained an interview with the Minister of Higher 
Education and the president of the University, were not returned to 
Kpeto.
    In August, President Eyadema convoked Philip Evegnon, editor of the 
weekly newspaper Point of the Week (Le Point de la Semaine), and 
questioned Evegnon about anti-government remarks he had made on Le Club 
de la Presse, a live television program. According to press reports, 
the director of the television station that carried the program, Jaures 
Tcheou, resigned after the Minister of Communication threatened him. 
The program was cancelled shortly thereafter.
    At year's end, the trial of Kodjo Saliadin had not been held. 
Saliadin, editor of the private journal Tribune du Peuple, was charged 
with ``Outrage to the National Police'' for an article that alleged a 
UFC activist, Anoumou Ekoe, had been arrested, and subsequently 
released, for participating in a UFC demonstration in September 2002.
    There were reports that the Government interfered with two radio 
stations during the year. In October the HAAC ordered Radio Maria, a 
religious radio station, to stop airing a political debate program. The 
HAAC claimed that Radio Maria did not have the correct license to 
broadcast political content; however, the 1999 Decree on the General 
Requirements and Obligations of Private Radio and TV stations states 
that radio stations may broadcast political programs but not political 
advertising. British Broadcast Corporation (BBC) began broadcasting its 
French-language program in the country on November 11. The Government 
ordered BBC to cease transmission on November 22, shortly after it 
aired an interview with exiled opposition leader Gilchrist Olympio, and 
BBC remained off the air at year's end.
    There was no pre-publication censorship of print media in law or 
practice; however, journalists practiced varying degrees of self 
censorship. Unlike in the previous year, there were no reports that 
security forces interfered with the distribution of newspapers.
    Opposition party websites were inaccessible at the beginning of the 
year; however, after the Government began consultations with the EU, 
the websites became accessible.
    Unlike in the previous year, the Government did not restrict 
academic freedom; however, security forces maintained a presence at the 
University of Lome. According to students and professors, a government 
informer system continued to exist and gendarmes went undercover on 
campus and attended classes.

    b. Freedom of Peaceful Assembly and Association.--The Constitution 
provides for freedom of assembly; however, the Government often 
restricted this right in practice. During the year opposition parties 
held one demonstration that occurred without incident. Government 
officials prohibited, and security forces forcibly dispersed, student 
gatherings.
    If a political party wishes to hold a demonstration or rally on 
public property, it is required to notify the Minister of the Interior; 
however, if a political party intends to hold a rally on private 
property, notification is legally not required.
    Security forces forcibly dispersed student demonstrations during 
the year. In February, security forces permanently assigned to the 
University of Lome campus prevented students from holding a special 
general assembly to discuss student benefits. Security forces used tear 
gas to disperse the students.
    On April 30, security forces dispersed a student demonstration on 
the University of Lome's campus called to protest the irregular payment 
of educational allowances and what students saw as preferential 
treatment accorded their counterparts at the new University of Kara in 
the northern region. Students reacted by destroying University 
property, including school buses, setting two police and one military 
vehicle on fire, and breaking the windshields on private vehicles and 
gendarmerie transport trucks. Security forces beat protesters, and 
arrested 15 persons. On May 24, nine persons, including six students, 
were sentenced to 18 months in prison in connection with the April 
campus clashes after a rushed trial and presentation of evidence that 
legal observers described as flimsy. The judge also convicted a 
photographer and two moto-taxi drivers. On September 7, the President 
pardoned the nine.
    On July 30, the president of the University of Lome expelled Jean-
Paul Edoh Nunyava Oumolou and suspended six student representatives for 
organizing the campus demonstrations in April. The suspended students 
claimed that the Government punished them because they refused to read 
a statement prepared by a former government official. The statement--
which was read on camera by other students--accused opposition parties 
of inciting the demonstrations to disrupt the EU-Togo consultations. 
The student representatives who read the statement on television were 
not suspended. Oumolou was arrested December 20 while distributing a 
flyer on the University campus. Oumolou was charged with incitement to 
violence and destruction of property in connection with the April 
demonstration on the University campus. At year's end, Oumolou was 
being held at the Central Prison of Lome, awaiting trial.
    The UFC member convicted for inciting a riot that resulted in the 
death of one civilian in the northern city of Mango in September 2003 
was sentenced to 26 months in prison and pardoned by the President in 
April.
    Under the Constitution, citizens have the right to organize 
associations and political parties; while there were improvements in 
this area, the Government denied official recognition to some 
associations, including some human rights groups such as LTDH, the 
country's first independent human rights group. Unlike in the previous 
year, political parties were able to elect officers and register; 
opposition party offices were permitted to operate in most towns in the 
central and northern regions.
    There were many NGOs; they were required to register with the 
Government. The Government established requirements for recognition of 
associations and non-governmental organizations. The Interior Ministry 
issues official recognition. Upon filing with the Ministry, 
associations are given a receipt allowing them to begin operations. The 
Civil Security Division also has enforcement responsibilities when 
there are problems or complaints concerning an association or an 
organization. If an application provides insufficient information for 
recognition to be granted, the application remains open indefinitely. 
Members of groups that are not officially recognized could organize 
activities but do not have legal standing.

    c. Freedom of Religion.--The Constitution provides for freedom of 
religion, and the Government generally respected this right in 
practice.
    The Government has established requirements for recognition of 
religious organizations outside the country's three main faiths, Roman 
Catholicism, Protestantism, and Islam, which were officially 
recognized. Other religions were required to register as associations. 
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, the Government restricted them in practice. Armed 
security checkpoints and arbitrary searches of vehicles and individuals 
were common. Undisciplined acts of some soldiers manning roadblocks, 
such as frequent demands for bribes before allowing citizens to pass, 
impeded free movement within the country.
    In June, former president of the National Assembly and regime 
critic Dahuku Pere sent a letter to the Minister of Interior asking the 
Government to issue a passport and identity card to his son, Roland 
Hezuwe Pere, and return identity papers confiscated in July 2003. Pere 
also claimed that police confiscated his own identity card and the 
passports and nationality and birth certificates of Jean-Francois Komi 
Kodjo, Holasse Djidjoe Kodjo, and Kekeli Kodjo, children of former 
Prime Minister Agbeyome Kodjo. At year's end, the Government had not 
responded to Pere's letter.
    On September 27, police issued a national identity card and 
returned nationality and birth certificates to Marc Palanga, the UFC 
leader in Kara. His previous national identification card had been 
confiscated at the time of his March 2003 detention, and the 
nationality and birth certificates were seized in June when he applied 
for a new national identity card. Police refused to return two of 
Palanga's vehicles.
    On May 12, a judge lifted a prohibition on travel outside the 
country previously imposed on senior UFC leaders Jean-Pierre Fabre and 
Patrick Lawson. The police returned Fabre's passport and national 
identity card on May 13. The travel ban and document seizure took place 
after police charged Fabre and Lawson with public disorder in May 2003, 
apparently in connection with a political demonstration which turned 
violent and the fire bombings of two Total gas stations. The Government 
did not allow Lawson to leave the country to attend a seminar abroad in 
January.
    On July 28, the Government provided a new Togolese passport to 
Paris-based opposition leader Gilchrist Olympio through the 
facilitation of the Catholic Community of Sant'Egidio. The Government 
seized Olympio's Ghanaian passport in April 2003. In October, the UFC 
party reported that the Government returned the Ghanaian passport to 
Ghanaian authorities who returned it to Olympio.
    The Government permitted citizens to use a national identity card 
instead of a passport for travel to other member countries of the 
Economic Community of West African States.
    The Constitution prohibits exile, and the Government did not employ 
it; however, several opposition and human rights workers remained in 
self-imposed exile because they feared arrest. Former Army Chief of 
Staff, Lieutenant Colonel Kouma Bitenewe, who fled to Benin in May 2003 
after he claimed that members of the Kara Paracommandos Regiment headed 
by Lieutenant Colonel Ernest Gnassingbe, son of the President, attacked 
him in Kara, remained outside the country at year's end.
    Although the law does not provide for the granting of refugee 
status and asylum in accordance with the 1951 U.N. Convention Relating 
to the Status of Refugees and its 1967 Protocol, in practice, the 
Government has established a system for providing protection to 
refugees. 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 during the year.
    In 2002, UNHCR estimated there were 11,000 refugees from Ghana 
living in the North, near the cities of Bassar, Sotouboua, and Dankpen. 
A voluntary repatriation program for 508 Ghanaian refugees was not 
implemented because of unrest and instability in Ghana along the Togo-
Ghana border in 2003 and during the year. According to the Government, 
there were approximately 800 refugees (mostly from Rwanda and the 
Democratic Republic of the Congo) registered in Lome and an approximate 
1,200 additional refugees living in rural villages. According to UNHCR 
estimates, approximately 1,198 Togolese refugees lived in Benin and 
another 800 in Ghana.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The Constitution provides for the right of citizens to change their 
government peacefully; however, the Government restricted this right in 
practice. The Government and the State remained highly centralized. 
President Eyadema's national government appointed the officials and 
controlled the budgets of all subnational government entities including 
prefectures and municipalities, and influenced the selection of 
traditional chiefs. The National Assembly exercised no real oversight 
of the executive branch of the Government. The National Assembly 
largely approved the proposals of the President and the executive 
branch. Isolated cases of violence and irregularities that the 
appropriate governmental bodies failed to investigate marred the June 
2003 presidential election. Observers invited for the election were 
supported by the Government and did not include groups with 
internationally recognized reputations as objective and neutral 
observers. The presence of heavily armed forces created an intimidating 
atmosphere. The military intimidated and harassed opposition parties. 
Following the June 2003 presidential elections, three opposition 
parties filed complaints with the Independent Electoral Commission 
(CENI), which referred them to the Constitutional Court. The opposition 
parties alleged numerous irregularities in the voting process. Neither 
the CENI nor the Constitutional Court seriously investigated these 
irregularities. The entire process, including the decision not to 
investigate the complaints, lacked transparency. In the end, the 
Government announced that President Eyadema won with 57.22 percent of 
the vote, a figure that could not be confirmed independently.
    The Government began formal consultations in April with the EU. At 
the April 14 ceremony launching this process, the Government made 22 
commitments in the areas of democracy, human rights, and the rule of 
law, which included holding a national dialogue with the traditional 
opposition and civil society; revision of the electoral framework and 
press code; ensuring freedom of association for political parties; 
organization of fair, transparent legislative and local elections; 
release of all political prisoners; and ensuring the independence of 
the judiciary and the national human rights commission.
    A national dialogue with the traditional opposition and civil 
society began during the year; however, the opposition parties 
complained that, although invited to several meetings with the 
Government, they were not consulted about the agenda or structure of 
the dialogue. They further criticized the Government for insisting on 
presiding over the process itself and for declaring that the Government 
would be the final arbiter of any suggestions for action made by the 
opposition.
    Long-delayed legislative elections were held in 2002, but the 
principal opposition parties boycotted the races. President Eyadema's 
RPT party won 72 out of 81 seats in the National Assembly. Three 
parties and one independent candidate all supportive of the Government 
shared the remaining nine seats. The Government said voter turnout was 
67 percent, a figure contested by the main opposition parties as well 
as some of the government-sponsored international election observers. 
There were reports of intimidation and fraud.
    Legislation passed in 2003 provides for the creation of prefecture, 
municipal, and regional councils; however, local elections scheduled 
for December 2003 were postponed and not rescheduled in during the 
year. One of the Government's commitments to the EU was to hold local 
elections within 12 months of April 14. The legislation empowers 
members of the regional councils to vote for two-thirds of members of 
the Senate (with the other third appointed by the President), which, 
along with the National Assembly, would comprise a bicameral 
Parliament. The legislation only provides Senate members the power to 
review proposed legislation.
    Former National Assembly president and regime critic Dahuku Pere 
has not been paid the pension and lump-sum payment to which he is 
entitled as a former Parliamentarian, since his October 2002 departure 
from the National Assembly.
    Official corruption was a problem. The Anti-Corruption Commission 
(CAC), established in 2001, was generally ineffective. According to the 
Government's official poverty reduction strategic paper, prepared in 
conjunction with the World Bank and U.N. Nations Development Program 
(UNDP), corruption and lack of transparency in the management of public 
funds was a problem throughout the Government.
    There were 5 female members in the 81-member National Assembly, and 
there were 5 female ministers in the President's 26-member Cabinet. 
Members of southern ethnic groups were underrepresented in the Cabinet 
relative to their percentage of the general population.
Section 4. Government Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    The Government generally allowed groups to investigate alleged 
violations of human rights; however, the Government occasionally 
threatened or hindered the activities of human rights activists and was 
inconsistent in following up on investigations of abuses. There were 
several domestic private human rights groups, including the LTDH, the 
Center for Observation and Promotion of the Rule of Law, and the 
Togolese Association for the Defense and Protection of Human Rights. 
Years of government threats and intimidation of human rights leaders, 
combined with a lack of results from human rights initiatives, have led 
some human rights groups to become inactive.
    The lack of official recognition made it harder for some human 
rights groups to acquire technical and financial support from 
international organizations. For example, LTDH, the first independent 
human rights group in the country, was still unable to acquire official 
recognition.
    In June, FIDH, in cooperation with LTDH, published a report 
critical of the country's human rights situation. When the Government 
convoked LTDH to participate in discussions of the country's political 
situation, government ministers reprimanded LTDH for working with a 
foreign organization to damage the country's image. LTDH asserted that 
at the same meeting, the Minister of Interior vowed to continue to 
block issuance of official recognition to the organization.
    On March 3, the Ministry of Interior prohibited a human rights 
NGO--ONUTA--from conducting a series of seminars focused on democracy 
and political tolerance. The Ministry demanded that ONUTA harmonize its 
planned program with the views of the Government.
    Unlike in the previous year, there were no reports of the 
Government impeding the work of international NGOs during the year.
    The CNDH continued to be dominated by supporters of the President.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The Constitution prohibits discrimination on the basis of ethnic 
group, regional or family origin, sex, religion, social or economic 
status, or personal, political, or other convictions; however, the 
Government did not provide effective redress for discrimination 
complaints. Discrimination against women remained a problem, as did 
favoritism among certain ethnic groups. Members of President Eyadema's 
Kabye ethnic group and other northern ethnic groups dominated much of 
the public sector, especially the military. Individuals with HIV/AIDS 
faced social discrimination, including rejection by their immediate 
families.

    Women.--Domestic violence against women continued to be a problem. 
Police generally did not intervene in abusive situations, and women 
were not made aware of the formal judicial mechanisms that would give 
them protection. As a result, the police rarely intervened in domestic 
violence incidents. According to an indigenous women's rights NGO, wife 
beating was estimated to affect approximately 6 percent of married 
women.
    FGM continued to be practiced on approximately 12 percent of girls. 
The most commonly practiced form of FGM was excision, which usually was 
performed on girls a few months after birth. Most of the larger ethnic 
groups did not practice FGM. FGM is illegal and penalties for 
practitioners ranged from 2 months to 5 years in prison as well as 
substantial fines. The law was rarely applied because most FGM cases 
occurred in rural areas where neither the victims nor the police 
understood the law. Traditional customs often superseded the legal 
system among certain ethnic groups. The Government continued to sponsor 
seminars to educate and campaign against FGM. Several NGOs, with 
international assistance, organized educational campaigns to inform 
women of their rights and how to care for victims of FGM.
    The Constitution declares women equal under the law; however, women 
continued to experience discrimination, especially in education, 
pension benefits, and inheritance as a consequence of traditional law. 
A husband legally could restrict his wife's freedom to work or control 
her earnings. In urban areas, women and girls dominated market 
activities and commerce; however, harsh economic conditions in rural 
areas, where most of the population lived, left women with little time 
for activities other than domestic tasks and agricultural fieldwork. 
The Labor Code, which regulated labor practices, requires equal pay for 
equal work, regardless of gender; however, this provision generally was 
observed only in the formal sector. Under traditional law, which 
applied to the vast majority of women, a wife has no maintenance or 
child support rights in the event of divorce or separation and no 
inheritance rights upon the death of her husband. Polygyny was 
practiced.
    The Ministry of Social Affairs, Promotion of Women, and Protection 
of Children, along with independent women's groups and related NGOs, 
continued to campaign actively during the year to inform women of their 
rights.

    Children.--Although the Constitution and family code laws provided 
for the protection of children's rights, in practice government 
programs often suffered from a lack of money, materials, and 
enforcement. Although the law protected children, there were many 
practices that discriminated against children, especially girls.
    The Government provided education in state schools, and school 
attendance is compulsory for both boys and girls until the age of 15. 
According to the Government's official poverty reduction strategic 
paper, prepared in conjunction with the World Bank and UNDP, 
approximately 57 percent of children aged 5 to 11 years, mostly boys, 
attended school. In that age group, approximately 61 percent of boys 
and 53 percent of girls started primary school; however, only an 
estimated 43 percent of boys and 23 percent of girls reached secondary 
school. Approximately 3 percent of boys and 0.6 percent of girls 
reached the university level, literacy rates were 69 percent for adult 
men and 38 percent for adult women. The General Directorate of 
Education Planning in the Ministry of Education estimated one-third of 
the national budget was spent on education.
    Orphans and other needy children received some aid from extended 
families or private organizations but little from the Government. There 
were social programs to provide free health care for poor children. In 
rural areas, traditionally the best food was reserved for adults, 
principally the father.
    FGM was performed on approximately 12 percent of girls (see Section 
5, Women).
    There were reports of trafficking in children (see Section 5, 
Trafficking).
    Child labor was a problem (see Section 6.d.).

    Trafficking in Persons.--The law does not prohibit specifically 
trafficking in persons, although other statutes against kidnapping, 
procuring, and other crimes linked to trafficking were used to arrest 
traffickers, and trafficking was a problem. Prosecution of traffickers 
was made difficult by the lack of legislation defining and 
criminalizing trafficking. The country remained a country of origin, 
transit, and destination for trafficking in persons, primarily 
children. More young girls than boys were the victims of trafficking. 
Trafficking in women for the purpose of prostitution or nonconsensual 
labor as domestic servants occurred.
    Local committees were voluntarily set up in every region, and 
without financial or legal support, these committees investigated 
reports of trafficking. The Government had little or no funding to 
investigate traffickers or trafficking rings. The police had limited 
success in intercepting victims of trafficking, and prosecution of 
traffickers was rare. Most persons that security forces arrested or 
detained for trafficking ultimately were released for lack of evidence. 
No records were available of the number of individual traffickers who 
were prosecuted during the year.
    Government agencies involved in anti-trafficking efforts included 
the Ministry of Social Affairs and Protection and Promotion for Family 
and Children, the Ministry of Health; the Ministry of the Interior; the 
Ministry of Justice; the Ministry of Labor; and the security forces 
(especially police, army, and customs units). The Government cooperated 
with the Governments of Ghana, Benin, and Nigeria under a Quadripartite 
Law allowing for expedited extradition among those countries.
    The majority of the country's trafficking victims were children 
from the poorest rural areas, particularly those of Kotocoli, Tchamba, 
Ewe, Kabye, and Akposso ethnicities and mainly from the Maritime, 
Plateau, and Central regions. Adult victims usually were lured with 
phony job offers. Friends or family acquaintances usually approached 
children. Children sometimes were trafficked abroad by parents misled 
by false information. Sometimes parents sold their children to 
traffickers for bicycles, radios, or clothing.
    Children were trafficked into indentured and exploitative 
servitude, which amounted at times to slavery. Victims were trafficked 
elsewhere in West Africa and to Central Africa, particularly Cote 
d'Ivoire, Gabon, Nigeria; Europe, primarily France and Germany; and the 
Middle East, including Saudi Arabia. Children were trafficked to Benin 
for indentured servitude and to Cote d'Ivoire and Ghana for domestic 
servitude. Boys were trafficked for agricultural work in Cote d'Ivoire 
and domestic servitude and street labor in Gabon. They were fed poorly, 
clothed crudely, cared for inadequately, given drugs to work longer 
hours, and not educated or permitted to learn a trade. There were 
reports that young girls were trafficked to Nigeria for prostitution.
    The country was a transit point for children trafficked from 
Burkina Faso, Ghana, Cote d'Ivoire, and Nigeria. There were credible 
reports that Nigerian women and children were trafficked through the 
country to Europe (particularly Italy and the Netherlands) for the 
purpose of prostitution.
    The International Labor Organization/International Program for the 
Elimination of Child Labor (ILO/IPEC) office in Lome reported that from 
September 2003 to August, local committees and security forces 
intercepted 1,837 children aged 6 to 17 in the process of being 
trafficked.
    Traffickers were believed to be men and women of Togolese, 
Beninese, and Nigerian nationalities.
    The Government provided limited assistance for victims, hindered 
primarily by a lack of resources. Terre des Hommes, an NGO, assisted 
recovered children until their parents or next-of-kin could be 
notified. Assistance was also available from a government-funded Social 
Center for Abandoned Children. NGOs have taken the lead in addressing 
this concern. CARE International-Togo worked with three local NGOs--
Terre des Hommes, La Colombe, and Ahuefa--on reinsertion of trafficked 
children, sensitization of parents and communities, keeping children in 
schools, and supporting women's income-generating activities. During 
the year, ILO/ IPEC worked with other NGOs to increase awareness of the 
trafficking problem and to encourage the Government to pass and enact a 
law setting fines and penalties for anyone caught in the process of 
trafficking children.
    During the year, local government officials worked closely with 
NGOs to conduct public awareness campaigns. ILO/IPEC assisted the 
Government in organizing and training regional and local committees, 
and in sensitizing and educating parents on the dangers of child 
trafficking and labor throughout the country.

    Persons With Disabilities.--The Government did not mandate 
accessibility to public or private facilities for persons with 
disabilities. Although the Constitution nominally obliged the 
Government to aid persons with disabilities and shelter them from 
social injustice, the Government provided only limited assistance in 
practice. There was no overt state discrimination against persons with 
disabilities and some held government positions. However, persons with 
disabilities had no meaningful recourse against private sector or 
societal discrimination, and in practice there was discrimination 
against persons with disabilities.

    National/Racial/Ethnic Minorities.--The population included members 
of approximately 40 ethnic groups that generally spoke distinct primary 
languages and were concentrated regionally in rural areas. Major ethnic 
groups included the Ewe (between 20 and 25 percent of the population), 
the Kabye (between 10 and 15 percent), the Kotokoli (between 10 and 15 
percent), the Moba (between 10 to 15 percent), and the Mina 
(approximately 5 percent). The Ewe and Mina were the largest ethnic 
groups in the southern region and the Kabye was the largest group in 
the less prosperous northern region.
    Although prohibited by law, members of all ethnic groups routinely 
practiced societal favoritism on the basis of ethnicity. In particular, 
favoritism by southerners for southerners and by northerners for 
northerners was evident in private sector hiring.
    The relative predominance in private sector commerce and 
professions by members of southern ethnic groups, and the relative 
prevalence in the public sector and especially the security forces of 
members of President Eyadema's Kabye group and other northern groups, 
were sources of political tension. Political parties tended to have 
readily identifiable ethnic and regional bases: The RPT party was more 
represented among northern ethnic groups than among southern groups; 
the reverse was true of the UFC and CAR opposition parties.
    In addition, due to the congruence of political divisions and 
ethnic and regional divisions, human rights abuses motivated by 
politics at times had ethnic and regional overtones.
Section 6. Worker Rights
    a. The Right of Association.--The Constitution provides most 
workers with the right to join unions; however, security forces, 
including firefighters and police, did not have this right.
    The Constitution also prohibits discrimination against workers for 
reasons of sex, origin, beliefs, or opinions. The Ministry of Economy 
and Finance estimated that the country's total workforce was 
approximately 1.6 (out of an estimated working population of 2.3 
million persons). Approximately, 72 percent of the working population 
was in the agriculture sector where employment was not stable and wages 
were low. The informal sector provided for an estimated 22 percent of 
total employment. Approximately 60 to 70 percent of the formal sector 
workforce were union members or supporters.
    The Labor Code prohibits foreign nationals from performing 
administrative or management functions in trade unions.

    b. The Right to Organize and Bargain Collectively.--The Labor Code 
nominally provides workers with the right to organize and bargain 
collectively; however, the Government limited collective bargaining to 
producing a single nationwide agreement that had to be negotiated and 
endorsed by representatives of the Government, labor unions, and 
employers. All formal sector employees were covered by the collective 
bargaining agreement that set nationwide wage standards for all formal 
sector workers. The Government participated in this process both as a 
labor-management mediator and as the largest employer in the formal 
sector, managing numerous state-owned firms that monopolized many 
sectors of the formal economy. Individual groups in the formal sector 
could attempt to negotiate agreements more favorable to labor through 
sector-specific or firm-specific collective bargaining, but this option 
was rarely used.
    The Constitution provides most workers the right to strike; 
however, security forces and government health workers did not have 
this right. There is no specific law prohibiting retribution against 
strikers by employers. There were no strikes during the year.
    The law allows the establishment of export processing zones (EPZs). 
Many companies had EPZ status, and approximately 80 were in operation. 
The EPZ law provides exemptions from some provisions of the Labor Code, 
notably the regulations on hiring and firing. Employees of EPZ firms 
did not enjoy the same protection against anti-union, as did other 
workers. Workers in the EPZs were prevented from exercising their 
freedom of association because unions did not have free access to EPZs 
or the freedom to organize workers.

    c. Prohibition of Forced or Compulsory Labor.--The law does not 
specifically prohibit forced compulsory labor, including by children, 
and children sometimes were subjected to forced labor, primarily as 
domestic servants (see Sections 5, Trafficking and 6.d.).

    d. Prohibition of Child Labor and Minimum Age for Employment.--The 
Labor Code prohibits the employment of children under the age of 14 in 
any enterprise; however, child labor was a problem, with many children 
being employed in the agricultural sector, working on family farms. 
Some children started working as young as 5 years of age. These 
children routinely missed at least two-thirds of the school year. In 
some cases, children worked in factories.
    For some types of industrial and technical employment, the minimum 
age is 18. Inspectors from the Ministry of Labor enforced these age 
requirements but only in the formal sector in urban areas. In both 
urban and rural areas, particularly in farming and small scale trading, 
very young children traditionally assisted in their families' work. In 
rural areas, parents sometimes placed young children into domestic work 
in other households in exchange for one-time fees as low as $25 to $35 
(12,500 to 17,500 CFA francs).
    The Ministry of Social Affairs, Promotion of Women, and Protection 
of Children was responsible for enforcing the prohibition of the worst 
forms of child labor; however, few resources were allotted for its 
implementation, and enforcement was weak.

    e. Acceptable Conditions of Work.--The Government sets minimum 
wages for different labor categories, ranging from unskilled through 
professional positions. In practice less than the official minimum wage 
often was paid, mostly to unskilled workers. Official monthly minimum 
wages ranged from approximately $20 to $33 (10,000 to 16,000 CFA 
francs) and did not provide a decent standard of living for a worker 
and family. Many workers supplemented their incomes through second jobs 
or subsistence farming. The Ministry of Labor was responsible for 
enforcement of the minimum wage system but did not enforce the law in 
practice.
    Working hours of all employees in any enterprise, except for the 
agricultural sector, normally are not to exceed 72 hours per week; at 
least one 24-hour rest period per week is compulsory, and workers is 
expected to receive 30 days of paid leave each year. The law requires 
overtime compensation, and there are restrictions on excessive overtime 
work; however, the Ministry of Labor's enforcement was weak, and 
employers often ignored these provisions.
    A technical consulting committee in the Ministry of Labor sets 
workplace health and safety standards. It may levy penalties on 
employers who do not meet the standards, and employees have the right 
to complain to labor inspectors of unhealthy or unsafe conditions 
without penalty. In practice, the Ministry's enforcement of the various 
provisions of the Labor Code was limited. Large enterprises are obliged 
by law to provide medical services for their employees and usually 
attempted to respect occupational health and safety rules, but smaller 
firms often did not.
    Workers have the legal right to remove themselves from unsafe 
conditions without fear of losing their jobs; however, in practice some 
could not do so.
    Labor laws do not provide protection for legal or illegal foreign 
workers.

                               __________

                                 UGANDA

    Uganda is a republic led by President Yoweri Museveni, who 
continued to dominate the Government following his reelection to a 
second 5-year term in 2001. He has ruled since 1986 through the 
Movement, an organization that continued to receive state support and 
function both as a political party and a state institution. Movement 
supporters remained in firm control of the legislative branch. Election 
observers believed that the 2001 presidential and parliamentary 
elections generally reflected the will of the electorate; however, both 
were marred by serious irregularities, particularly in the period 
leading up to the elections, such as severe restrictions on political 
party activities, incidents of violence, voter intimidation, and fraud. 
In March 2003, the Supreme Court declared unconstitutional two sections 
of law that prevented political parties from operating while the 
``Movement System'' remained in place; however, severe restrictions on 
political activity continued, particularly for opposition parties. The 
judiciary generally was independent but remained understaffed, weak, 
and inefficient; in addition, the President had extensive powers of 
judicial appointment.
    The Uganda People's Defense Force (UPDF) was the key security 
force, and a civilian served as Minister of Defense. The Internal 
Security Organization (ISO) remained under the direct authority of the 
President, and was an intelligence-gathering body; however, its 
operatives occasionally detained civilians. The Chieftancy of Military 
Intelligence (CMI), under UPDF control, detained civilians suspected of 
rebel and terrorist activity. The police were organized as a national 
force under the authority of the Ministry of Internal Affairs. The UPDF 
continued ``Operation Iron Fist'' in its 18-year war against rebels of 
the Lord's Resistance Army (LRA) in the northern and eastern portions 
of the country and in southern Sudan. A ceasefire announced by the 
Government on November 14 expired on December 31 after the two sides 
failed to agree on terms for its extension. Local leaders formed Local 
Defense Units (LDUs) to reinforce government efforts to protect 
civilians from LRA attacks. The country provided the use of its 
airfields and other logistical support for international peacekeepers 
operating in the Democratic Republic of the Congo (DRC); however, there 
continued to be allegations that security force members and some 
government officials supported militia activities in the DRC and 
profited from illegal trade. While civilian authorities generally 
maintained effective control of the security forces, there were 
frequent instances in which elements of the security forces acted 
independently of government authority. Members of the security forces 
committed numerous serious human rights abuses.
    The country's population was approximately 25.3 million. The 
economy grew at a rate of approximately 6 percent during the year. 
Agriculture accounted for approximately one-third of the gross domestic 
product, and foreign economic assistance accounted for approximately 
half of government expenditures. The privatization of state-owned 
enterprises continued. Despite government efforts to curb corruption, 
perceptions of widespread corruption were cited by potential investors 
as a major concern.
    The Government's human rights record remained poor; although there 
were some improvements in a few areas, serious problems remained. 
Domination by the Movement of the political process and continued 
restrictions on political party activity limited the right of citizens 
to change their government. Security forces committed unlawful killings 
and were responsible for short-term disappearances. Torture by security 
forces and beating of suspects to force confessions were serious 
problems. Security forces were responsible for incommunicado detention, 
and prison conditions remained harsh and frequently life threatening. 
The Government punished some security force officials who were guilty 
of abuses; however, impunity remained a problem. Arbitrary arrest and 
detention, including those of opposition supporters, and prolonged 
pretrial detention were problems. Poor judicial administration, lack of 
resources, a large case backlog, and lengthy trial delays limited due 
process rights, including the right to a fair trial. Security forces at 
times infringed on citizens' privacy rights. The Government at times 
restricted freedom of speech, the press, and association, and severely 
restricted freedom of assembly. There were some limits on freedom of 
religion and movement. Domestic violence against women, rape, and abuse 
of children, particularly sexual abuse, remained serious problems. 
Discrimination against women and persons with disabilities remained 
problems. The Government worked with nongovernmental organizations 
(NGOs) to combat the practice of female genital mutilation (FGM), which 
occurred in some parts of the country. The Government at times employed 
child soldiers. Trafficking in persons was a serious problem, 
particularly the trafficking of children by the LRA. Vigilante justice 
remained a problem. There continued to be limits on worker rights. 
Forced labor, including by children, occurred, and child labor was 
common, mostly in the informal sector.
    The LRA, led by Joseph Kony, committed numerous, serious abuses and 
atrocities. The LRA increased attacks in the northern and eastern parts 
of the country during the first half of the year, and rebels routinely 
killed, maimed, tortured, and abducted civilians, including children. 
The LRA used children as soldiers, held children and others in slave-
like conditions, and subjected female captives to rape and other forms 
of severe sexual exploitation during the year. Between 32,000 and 
52,000 children known as ``night commuters'' traveled from conflict 
areas or internally displaced persons (IDP) camps each night to urban 
centers to avoid abduction by the LRA.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Arbitrary or Unlawful Deprivation of Life.--Unlike during the 
previous year, there were no reports of politically motivated killings 
or executions by the Government or its agents; however, security forces 
committed unlawful killings during the year and were responsible for at 
least three deaths as a result of torture.
    On March 2, the Joint Anti-Terrorism Task Force (JATF) publicly 
denied having executed or detained without trial Ismael Muviru, 
Mutwabil Walakira, Captain Sewamuwa Daudi, and another unnamed man; 
Human Rights Watch (HRW) claimed the four men were executed without 
trial in September 2003. The UPDF, the Uganda Human Rights Commission 
(UHRC), and the independent Foundation for Human Rights Initiative 
(FHRI) reported that they had investigated the allegations and could 
not find any evidence to verify the claim. There also was no known 
response to newspaper appeals for the public to come forward with any 
information on the case.
    There were no developments in any of the other executions committed 
by security forces in 2003 and 2002.
    During the year, there were credible reports that persons died as a 
result of torture by security forces. For example, on March 26, in 
Mayuge District, police arrested Jackson Muluta and Aloysius Mugabi on 
charges of theft; later the same day, the police reported that both men 
had died. An autopsy conducted on Muluta revealed that he died of a 
hemorrhage after his skull was fractured and his spleen ruptured. The 
Uganda Prison Services, which denied torturing either man, conducted a 
separate autopsy that attributed Muluta's death to hypoglycemia.
    On July 20, in Mukono District, Isa Masifu died in his Lugazi 
police cell after being tortured; two other suspects were severely 
beaten. Seven policemen were arrested on torture and murder charges and 
were awaiting trial at year's end.
    There were no reports of any action taken against security forces 
responsible for 2003 or 2002 deaths that resulted from torture.
    During the year, police use of excessive force while pursuing 
suspected criminals resulted in deaths. For example, on January 20, in 
Kasese, an LDU officer shot and killed a man suspected of stealing a 
goat; a child standing nearby was also killed after being hit by a 
stray bullet. Police were deployed to prevent a mob from killing the 
LDU officer, who was subsequently arrested. No further information was 
available at year's end.
    On March 17, in Kampala, police shot and killed Siraj Mwaike, a 
suspected mugger, as he fled arrest in Kampala.
    On April 28, police shot and killed taxi driver Faisal Bagyeraki, 
who was wanted for numerous traffic violations, after Bagyeraki refused 
to stop at a roadblock in Mbarara; two other persons were injured in 
the incident. On May 10, after public demonstrations against 
Bagyeraki's killing, police officers Herbert Bamwine and Herbert 
Natukwatsa were arrested and charged with murder and attempted murder; 
both officers remained in prison awaiting trial at year's end.
    There were no developments in 2003 or 2002 security force killings 
of criminals as a result of the use of excessive force.
    Police forcibly dispersed meetings and demonstrations, which 
resulted in one death and numerous injuries (see Section 2.b.).
    During the year, security forces killed numerous civilians during 
anti-LRA operations (see Section 1.g.).
    LRA attacks continued during the year and resulted in thousands of 
deaths (see Section 1.g.).
    LRA landmines resulted in deaths and injuries (see Section 1.g.).
    Raids by armed cattle rustlers of the Karamojong ethnic group 
continued during the year in Katakwi, Kotido, Kumi, Nakapiripirit, 
Moroto, Kaberamaido, Pader, Lira, and Kapchorwa districts in the 
northeast. These raids resulted in the deaths of more than 100 persons 
and the displacement of thousands. The Government continued its 
Karamoja disarmament program during the year (see Section 5). UPDF 
forces killed numerous persons during clashes with armed Karamojong 
warriors during the year.
    Interethnic violence resulted in deaths (see Section 5).
    Incidents of vigilante justice were reported frequently during the 
year. There were numerous instances in which mobs beat, stoned, or 
burned to death individuals suspected of petty theft, witchcraft, or 
infidelity. For example, on June 11, residents of Kinoni Village near 
Mukono burned a suspected thief to death. On July 14, a mob of 
motorcyclists smashed the head of a passenger, poured gasoline on his 
body, and set him on fire for not paying the transport fee in Mbarara 
town.
    During the year, authorities prosecuted persons who engaged in mob 
violence. For example, in March, six persons were tried for murder by 
mob justice in Nakasongola District. On June 3, Kamuli police arrested 
15 persons for lynching Samuel Tigawalana, who was suspected of 
witchcraft.
    There were reports of actual or attempted ritual killings of 
children during the year (see Section 5).
    Ethnic Pokot warriors killed civilians during the year. On April 10 
and 13, Pokot rustlers from Kenya killed two civilians during a cattle 
raid in Kabei subcountry, Kapchorwa District. In a separate attack, 
Pokot rustlers from Kenya and the country killed 8 civilians in Namalu 
sub-country, Nakapiripit District.

    b. Disappearance.--There were no reports of politically motivated 
disappearances due to action by government forces; however, there 
continued to be reports of disappearances during the year. In most 
cases, the missing person was located after a period of incommunicado 
detention in the custody of security forces (see Section 1.d.).
    On October 30, armed men in uniform apprehended James Kashaija, a 
supporter of opposition leader Kizza Besigye, at his home in Kampala, 
according to witnesses; Kashaija's whereabouts were unknown at year's 
end.
    On February 2, the High Court in Kampala ordered the Army Commander 
to produce Captain Robert Ruteinama, who had been in military detention 
since his December 2003 arrest by security forces. The Army failed to 
produce Ruteinama, did not confirm or deny the arrest, and had not 
responded to the court by year's end.
    Former Makerere University guild president Peter Ojur, who 
reportedly disappeared after he returned to the country in January 2003 
after military training abroad, reappeared; Ojur was detained for 
several weeks in 2003 by security forces.
    Rebel groups have abducted approximately 38,000 persons since 1986, 
according to UNICEF. The LRA continued to abduct thousands of civilians 
for training as guerrillas; most victims were children and young adults 
whom the LRA forced into virtual slavery as laborers, soldiers, guards, 
and sex slaves (see Sections 1.g. and 5).

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The Constitution prohibits such practices; however, there 
were widespread and credible reports that security forces tortured and 
beat suspects in unregistered detention facilities to force 
confessions. Between January and December, the UHRC received 2,249 
complaints of mistreatment; 179 of those complaints involved torture. 
The UHRC Tribunal confirmed many of these complaints and ordered the 
Government to compensate the victims. Security units involved in 
torture included the regular police, the UPDF, and the Violent Crimes 
Crack Unit (VCCU); on occasion, such torture resulted in death (see 
Section 1.a.).
    On December 4, unidentified persons abducted and tortured Sam 
Aniga, a driver employed by Ogenga Latigo, an opposition Member of 
Parliament (M.P.); Aniga, who was released after 48 hours, had refused 
to answer questions about Latigo's alleged secret meetings.
    In June 2003, at Makindye military barracks, the UHRC visited 
prisoners who claimed to have been arrested and tortured by the VCCU; 
the prisoners bore signs of torture. On April 21, the UHRC reported its 
findings to Parliament; however, no investigation had been conducted by 
year's end.
    Unlike in the previous year, there were no reports that members of 
the LDUs, who frequently lacked training, mistreated prisoners and 
detainees; however, some LDU members committed abuses during the year, 
including killings (see Section 1.g.).
    Police and security forces harassed and detained opposition 
activists (see Sections 1.d. and 2.b.).
    There were reports that UPDF soldiers raped persons, particularly 
in conflict areas (see Sections 1.g. and 5).
    During the year, the UHRC Tribunal awarded compensation to several 
persons who had been abused by security forces. For example, on April 
1, the UHRC Tribunal awarded approximately $35,000 (60 million 
shillings) to Fred Bagole as compensation for being tortured by 
military intelligence in Kampala District in 2001.
    On April 14, the UHRC Tribunal awarded approximately $20,500 (35 
million shillings) to Jackson Cherop as compensation for his illegal 
arrest and torture by UPDF officers in Mbale District in 2002. In 
December, the Tribunal awarded $31,000 (54 million shillings) to the 
family of Edrissa Omulago Isabirye, who died as a result of torture by 
the VCCU in 2002.
    However, the Government has not compensated many complainants for 
the violation of their rights by police and security forces. In May, 
the UHRC revealed that the Government owed approximately $412,000 (700 
million shillings) awarded by the tribunal to approximately 50 persons.
    No action was taken during the year against security organizations 
that reportedly tortured prisoners in Kigo Prison or CMI personnel who 
were illegally arresting and torturing persons to force them to pay 
their financial debts; in July 2003, the UHRC testified of such 
incidents before the Legal and Parliamentary Affairs Committee. No 
action was taken against VCCU officers responsible for the 2003 torture 
of Bumali Mubiri and Sam Okiring.
    There were no further developments in the reported 2002 cases of 
torture or abuse by security forces.
    During the year, civilians were killed, injured, and displaced as a 
result of security force operations against the LRA (see Section 1.g.).
    During the year, the LRA continued to commit numerous atrocities, 
including the killing, torturing, and kidnapping of civilians, 
primarily children (see Section 1.g.).
    There were numerous instances in which mobs attacked suspected 
thieves and other persons known or suspected to have committed crimes 
(see Section 1.a.). Motivated in part by distrust or misunderstanding 
of the formal judicial system, these mobs engaged in stonings, 
beatings, and other forms of mistreatment. Such mistreatment included 
tying suspects' wrists and ankles together behind their backs, 
stripping suspects of their clothes, parading them through the streets, 
and other forms of torture and inhuman or degrading treatment.
    For example, in July, a mob in Mayuge District tried to lynch Peter 
Isabirye, a traditional healer, for allegedly kidnapping and murdering 
a 2-year-old boy. No action was taken against the mob or Isabirye, who 
escaped the mob after police intervention.
    Prison conditions remained harsh and frequently life threatening, 
primarily as a result of the Government's severely inadequate funding 
of prison facilities. In addition, there were several reports that 
security forces and guards tortured inmates. Prison conditions came 
closest to meeting international standards in Kampala, where prisons 
provided medical care, running water, and sanitation; however, these 
prisons also were among the most overcrowded. There were an estimated 
19,000 inmates in the country's prisons and police cells. By one 
estimate, the country's prisons held approximately three times their 
planned capacity. The central prison system continued to work with NGOs 
and the donor community to improve prison buildings, water and 
sanitation systems, food, and the provision of uniforms; however, 
progress was minimal during the year. Although the law provides for 
access to prisoners by their families, ignorance of this right and fear 
of prison authorities often limited family visits. Prisoners held on 
treason charges complained that security officers kept files on and 
harassed their visitors. The UHRC reported that it received allegations 
that officers in charge of police cells sometimes demanded bribes to 
allow visits.
    On August 3, approximately 340 inmates at Bushenyi government 
prison went on strike to protest lengthy pretrial detentions and the 
July torture by prison wardens of inmate Moses Barishaba. Prison 
authorities turned over to police the staff members alleged to have 
committed the torture.
    Inmates at most prisons grew maize, millet, and vegetables; 
however, the UHRC accused prison farms of overworking inmates (see 
Section 6.c.).
    The Community Service Act seeks to reduce prison congestion by 
allowing minor offenders to do community service instead of being 
imprisoned. Since 2001, 1,726 offenders have been sentenced to 
community service in 4 pilot districts. By year's end, the program had 
been expanded to 10 additional districts.
    There were a number of deaths in custody, some due to torture (see 
Section 1.a.). Prisons were believed to have high mortality rates from 
overcrowding, malnutrition, diseases spread by unsanitary conditions, 
HIV/AIDS, and lack of medical care; however, accurate estimates were 
unavailable. According to the Prisons Department, 230 inmates died in 
custody between January and October. Approximately 60 percent of these 
deaths were due to HIV/AIDS-related diseases. During the year, 
government agencies sponsored or participated in several conferences on 
the judicial system and prison conditions and worked with international 
and domestic human rights organizations on prison reform efforts.
    Female prisoners were held in segregated wings with female staff in 
most prisons; conditions were severely substandard. Due to lack of 
space in juvenile facilities, juveniles often were held in prisons with 
adults. The central prison system maintained one juvenile prison and 
four remand homes. School facilities and health clinics in all five 
juvenile institutions were grossly inadequate; prisoners as young as 12 
performed manual labor from dawn until dusk. Severe overcrowding also 
was a problem at juvenile detention facilities and in women's wings. 
The remand home in Kampala, designed for 45 inmates, held more than 80 
children. In Kampala jails, pretrial detainees were kept separate from 
convicted prisoners; however, in the rest of the country, due to 
financial constraints, pretrial detainees and convicted prisoners 
sometimes were held together.
    During the year, the Government permitted access to prisons by the 
International Committee of the Red Cross (ICRC), foreign diplomats, and 
local NGOs, principally FHRI and the Uganda Prisoners' Aid Foundation. 
The UHRC visited numerous prisons and reported on its findings 
publicly; however, the UHRC also complained that it was not given 
access to UPDF detention facilities or ``safe houses.'' Prison 
authorities required advance notification of visits, a process that was 
sometimes subject to administrative delays.

    d. Arbitrary Arrest or Detention.--The Constitution prohibits such 
practices; however, members of the security forces arrested and 
detained citizens arbitrarily during the year.
    The police force was widely perceived to be ineffective. Major 
constraints included low pay and lack of vehicles, equipment, and 
training. Police committed numerous abuses, and impunity was a problem. 
Widespread corruption resulted in the dismissal of some local police 
officials during the year. In conjunction with the UHRC, the UPDF 
continued a training program to educate officers on internationally 
recognized human rights standards. In addition, the police, UPDF, and 
the Prisons Department used a human rights manual in their training 
programs. The UPDF made attempts to improve relations between soldiers 
and civilians.
    The Police Human Rights Desk received 300 allegations of police 
abuse during the year and reported that approximately 140 complaints 
had been resolved by year's end.
    LDUs operated principally in rural areas. Such forces consisted 
entirely of volunteers and were authorized to carry arms. Their 
principal purpose was to provide defense to populations affected by 
rebellions. However, in some cases, they also participated in offensive 
military operations and carried out police functions. The structure and 
legal mandate of LDUs were often unclear. Some LDU members committed 
abuses during the year, including killings.
    Under the Constitution, search warrants issued by competent judges 
or prosecutors are required to make arrests; however, in practice, 
suspects often were taken into custody without warrants. Despite a 
provision that suspects must be charged within 48 hours of arrest, many 
persons were detained for more than 48 hours without being charged. 
Suspects must be brought to trial or released on bail within 120 days 
(360 days for a capital offense); however, if the case is presented to 
the court before the expiration of this period, there is no limit on 
pretrial detention. Detainees must be informed immediately of the 
reasons for their detention, although authorities did not always 
enforce these procedural protections in practice. Suspects must have 
access to a lawyer; however, there was no provision ensuring family 
visitation. The Constitution provides for bail in all but capital cases 
and cases of treason.
    The Anti-Terrorism Act permits suspects to be held for more than 48 
hours without charge and states that persons convicted of terrorist 
acts that ``directly result in the death of any person'' shall be 
sentenced to death; however, no death sentences were carried out during 
the year. Several persons were detained under the Anti-Terrorism Act 
during the year (see Section 2.c.).
    Security forces arbitrarily arrested political activists during the 
year. On July 16, the Uganda Peoples Congress (UPC) party announced 
that it was searching for 15 members who had been arrested in July and 
detained by the CMI in Lira District; 7 members were subsequently 
located in police stations. C.P. Okello, one of the seven, claimed to 
have been tortured by the CMI. On July 16, a court in Lira charged five 
of the missing members--Francis Odong, Gaba Otim, Joseph Eteng, Kenneth 
Oting, and Cyprian Okello--with treason. At year's end, seven members 
were in detention and eight remained unaccounted for.
    Unlike in the previous year, there were no arrests of journalists.
    Mass arrests during police sweeps for criminals remained a problem. 
For example, on January 20, police in Masindi arrested 400 persons 
after several criminal killings were committed in the area; it was 
unknown how many remained in detention at year's end. On July 21, 
police in Rubaga division in Kampala arrested 100 persons for being 
idle and disorderly; 40 were released on bond, and 60 were detained at 
Old Kampala Police Station. It is unknown how many remained in 
detention at year's end.
    The number of persons still being held as a result of 2003 mass 
arrests in Kampala, Mbale, and Gulu remained unknown.
    During the year, the Government released and sometimes compensated 
persons who had been arbitrarily arrested. On June 15, the High Court 
awarded Pascal Gakyaro, a supporter of the Reform Agenda (RA) political 
group, approximately $17,500 (30 million shillings) as compensation for 
his unlawful arrest and detention in January 2003; Gakyaro claimed to 
have been tortured during his 8 days in detention. On June 23, the 
Court Martial withdrew charges of terrorism and released Corporal 
Patrick Olupot and Umaru Okello, who were arrested in May 2003. On 
August 13, 22 members of a Muslim group were set free after treason 
charges were withdrawn; the 22 were arrested in 2003 for allegedly 
financing the ADF.
    On May 17, the UHRC awarded approximately $1,700 (3 million 
shillings) to Stephen Mwebaze, who was detained illegally for 10 days 
in 1999.
    It was unknown whether the 10 men arrested without charge by the 
JATF in August 2003 remained in unofficial detention centers in 
Kampala; 4 other persons arrested with the 10 were executed in 2003.
    No action was taken during the year against the UPDF officer who 
ordered the illegal 2003 arrest of Gulu State Attorney Sydney Asubo.
    The 2002 case of policeman Benson Ikonyat, who was charged with 
terrorism after being found with army uniforms and guns at Amusu 
village, was ongoing at year's end.
    There were no developments in other 2002 cases of arbitrary arrest 
or detention.
    Legal and human rights groups criticized the excessive length of 
detention prior to trial, which in many cases amounted to several 
years; such lengthy pretrial detentions both violated the 
constitutional rights of the detainees and contributed substantially to 
prison overcrowding (see Section 1.c.). Pretrial detainees comprised 60 
percent of the prison population. The average time in pretrial 
detention was between 2 and 3 years. During the year, the UHRC heard 
several cases brought by prisoners challenging the length of their 
detention.
    During the year, there were reports that civilians were detained in 
military barracks and unregistered detention facilities known as safe-
houses. There were credible allegations that the CMI ordered detainees 
held incommunicado at police stations or in so-called safe houses. For 
example, on April 27, the High Court ordered CMI chief Colonel Noble 
Mayambo to produce Titus Kiwanuka, who had been detained without charge 
in military barracks since March 12; Kiwanuka was subsequently charged 
and moved to Kigo Prison, where he was awaiting trial at year's end.
    There were reports of political detainees (see Section 2.b.). 
During the last 2 years, the Government has arrested and charged with 
treason more than 40 persons for collaborating with the People's 
Redemption Army (PRA); none of the 40 had been tried by year's end. For 
example, on November 22 and December 13, security forces detained, 
respectively, Joseph Musasizi, the brother of 2001 presidential 
candidate Kizza Besigye, and George Owakukiroru, an elected official in 
the Rukungiri district government; both Musasizi and Owakukiroru, who 
were members of the opposition Forum for Democratic Change (FDC), were 
being detained at year's end. During November and December, the CMI 
arrested 16 persons, most of whom were opposition supporters, on 
charges of treason; all 16 were being detained at year's end.
    The RA alleged in 2003 that more than 280 of its members had been 
arrested in 2003 and 2002 due to their political opinions. The 
Government maintained that the arrests were lawful and that some of 
those arrested would be prosecuted for treason.
    RA supporter Dan Magarura, who in 2003 was arrested on treason 
charges, was released on bail in September 2003.
    Patrick Biryomumaisho Kirasha and four others accused in 2003 of 
recruiting persons for the PRA rebel group remained in detention at 
year's end.

    e. Denial of Fair Public Trial.--The Constitution provides for an 
independent judiciary, and the Government generally respected this 
provision in practice; however, the President had extensive legal 
powers of judicial appointment. The President appoints Supreme Court, 
High Court, and Court of Appeal judges with the approval of Parliament. 
The President also nominates, for the approval of Parliament, members 
of the Judicial Service Commission, who make recommendations on 
appointments to the High Court, the Court of Appeal, and the Supreme 
Court. The judiciary ruled against the Government on several high-
profile cases during the year; however, judicial corruption was a 
serious problem. For example, a High Court judge was accused during the 
year of soliciting a $500,000 (850 million shillings) bribe; the case 
was pending at year's end. The lower courts remained understaffed, 
weak, and inefficient.
    The Supreme Court ruled against the Government on several cases: 
The January 29 decision that invalidated a constitutional amendment on 
parliamentary rules; the February ruling that struck down a section of 
the Penal Code that prohibited the publication of ``false news''; and 
the September 2 ruling that provisions of the 2000 Referendum Act were 
unconstitutional (see Section 3).
    The highest court was the Supreme Court, followed by the Court of 
Appeal, which also functioned as the Constitutional Court for cases of 
first instance, the High Court, the Chief Magistrate's Court, local 
council (LC) level three (sub-county) courts, LC level two (parish) 
courts, and LC level one (village) courts. A minimum of six justices 
could sit on the Supreme Court and the Court of Appeal.
    The LC courts had the authority to settle civil disputes, including 
land ownership and debt cases, and criminal cases involving children. 
These courts, often the only ones available to villagers, reportedly 
exceeded their authority by hearing criminal cases, including murder 
and rape. LC court decisions could be appealed to magistrates' courts; 
however, there often were no records made at the village level, and 
some defendants were not aware of their right to appeal. Unlike in the 
previous year, there were no reports of bribery and discrimination 
against women in some rural LC courts.
    The civilian judicial system contained procedural safeguards, 
including bail and the right of appeal; however, an inadequate system 
of judicial administration and a lack of resources, resulting in a 
serious backlog of cases, limited the right to a fair trial. During the 
year, the High Court reduced its backlog from 84 to 51 cases. All 
nonmilitary trials were public.
    Many defendants could not afford legal representation. The 
Constitution requires that the Government provide an attorney for 
indigent defendants accused of capital offenses, but there rarely was 
enough money to retain adequate counsel. The Uganda Law Society (ULS) 
operated legal aid clinics in four regional offices, although services 
remained limited due to funding constraints. The ULS also assisted 
defendants in military courts. The local chapter of Uganda Women 
Lawyers Association and the FHRI practiced public interest law from 
offices in Kampala. The Law Development Center operated a legal aid 
clinic to address cases involving children and those accused of petty 
crimes. A public defense service also operated; however, it lacked 
government funding and relied solely on donor support.
    Specialized courts also existed. The Industrial Court (IC) 
arbitrated labor disputes. Commercial courts resolved commercial 
disputes, improved commercial justice, and reduced case backlogs.
    The military court system often did not assure the right to a fair 
trial. Although the accused had the right to legal counsel, some 
military defense attorneys were untrained and could be assigned by the 
military command, which also appointed the prosecutor and the 
adjudicating officer. The law establishes a court-martial appeals 
process; however, a sentence passed by a military court, including the 
death penalty, could be appealed only to the senior leadership of the 
UPDF. Under circumstances deemed exigent, a field court martial could 
be convened at the scene of the crime; however, the law does not permit 
an appeal under this provision. In 2002, the ULS filed a petition 
challenging the execution of soldiers under field court martial without 
the right of appeal; the case had not been resolved at year's end.
    During the first 8 months of the year, the VCCU arrested and 
detained at least 1,100 suspects on various counts, including 
terrorism, aggravated robbery, murder, illegal possession of firearms, 
and desertion. The VCCU used military courts to try by court martial 
civilians found in possession of military property. The Government 
continued to arrest and charge persons for treason, especially captured 
rebel fighters, and opposition supporters (see Section 1.d.). During 
the year, numerous human rights abuses continued to be committed in 
connection with treason cases, including political detention, detention 
without charge, detention in unregistered and unofficial locations, and 
mistreatment, including torture.
    The 2000 amnesty law applies to all persons involved in 
insurgencies since the Movement came into power in 1986. Between 
January and December, 3,048 former LRA combatants were granted amnesty; 
7,613 former combatants have received amnesty since 2000. The amnesty 
law was extended through December.
    There was at least one political prisoner. Bright Gabula Africa, 
whose death sentence for treason was upheld by the Supreme Court in 
1995, remained imprisoned pending the outcome of his appeal to the 
Advisory Committee on the Prerogative of Mercy, a largely autonomous 
constitutional body.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The Constitution prohibits such actions, and the 
Government generally respected these prohibitions in practice; however, 
there were some exceptions. Although the law requires that police 
obtain search warrants before entering private homes or offices, at 
times police did not obtain warrants prior to searches.
    The Anti-Terrorism Act authorizes certain law enforcement officials 
to intercept communication to detect and prevent terrorist activities.
    There continued to be reports that prison officials routinely 
censored prisoners' mail.
    There were reports that the Government punished family members of 
suspected criminals and political opposition members, and some family 
members of political opponents to the Government had difficulties at 
border crossings while leaving the country (see Section 2.d.).

    g. Use of Excessive Force and Violations of Humanitarian Law in 
Internal and External Conflicts.--Security forces tortured and abused 
civilians suspected of collaborating with the LRA; however, unlike in 
previous years, there were no reports that security forces killed 
suspected collaborators.
    During the year, security forces killed and injured numerous 
civilians, including noncombatant children abducted by the LRA, during 
anti-LRA operations in the northern and eastern parts of the country. 
Some observers charged that UPDF tactics, including extensive use of 
helicopter gunships, resulted in deaths and injuries to such children 
and that the UPDF failed to protect noncombatants during engagements 
with the LRA. The UPDF denied such allegations, noting that more than 
80 percent of LRA fighters were child soldiers, which made it difficult 
to distinguish between combatants and noncombatants during engagements 
with the LRA.
    On April 4, at an IDP camp in Gulu, the UPDF's 309 Brigade fired a 
mortar and killed five civilians. In two separate incidents on December 
19, LDU soldier Simon Ogwanga shot and killed a civilian in an IDP camp 
in Aloi sub-country, and LDU soldier Tom Ocen shot and killed two 
children in Kwera sub-county. Both soldiers were arrested and awaiting 
trial at year's end.
    There also were persistent and credible reports that the UPDF 
failed to protect civilians threatened by the LRA. On February 5, for 
example, more than 40 persons were killed during an LRA attack on the 
Abiya IDP camp in Lira District under the protection of a small UPDF 
force; most of the UPDF unit had left to collect their pay, and the 
unit's commander allegedly had gone to Kampala without authorization.
    Security forces were sometimes implicated in widespread reports of 
rape and sexual violence against women and girls. In some instances, 
perpetrators were punished after victims complained; however, most such 
incidents went unpunished, in part because the procedures for making 
such complaints were not widely known.
    There were no new developments in the following 2003 killings by 
UPDF forces: The February killing of a Sudanese national; the July 22 
and 24 killings of 21 civilians by UPDF helicopter gunships; and the 
October 2003 killings of two civilians by a UPDF soldiers in Gulu.
    Unlike in the previous year, there were no reports that UPDF 
members were responsible for killings and other abuses in the DRC; 
however, militia groups operating in the area committed serious human 
rights abuses. Some of the worst abuses occurred in parts of 
northeastern DRC that were under UPDF influence. There were credible 
reports security forces and some government officials provided material 
support to armed groups operating in Ituri. Militia fighting resulted 
in the deaths of hundreds of civilians from the DRC. Independent 
observers often found access difficult due to hazardous security 
conditions and frequent impediments imposed by authorities.
    LRA attacks increased during the first half of the year, and there 
were numerous atrocities. Civilians were summarily executed, often by 
gruesome methods, to terrorize local populations or as retribution for 
violating various LRA edicts, such as the prohibition on riding 
bicycles. LRA rebels also attacked private homes, schools, churches, 
and IDP camps in which persons were killed, injured, raped, mutilated, 
or abducted. During the year, LRA attacks resulted in the deaths of 
several thousand persons, including children; numerous injuries; and 
the destruction of homes and property.
    During the first 3 weeks in February, LRA attacks in Lira district 
IDP camps resulted in more than 250 deaths and the displacement of 
283,000 persons. For example, on February 21, in Lira District, LRA 
rebels attacked the Barlonyo IDP camp, killed more than 200 persons, 
and abducted an unknown number. Most of the dead, who were 
predominantly women and children, were burned alive when rebels set 
fire to thatched roofs in the camp. Other civilians were killed by 
rocket-propelled grenades and anti-tank weapons. The UPDF conceded that 
local militia had marshaled little resistance, were unable to operate 
their weapons properly, and suffered from ``command problems.''
    On May 28, LRA rebels killed 2 persons and abducted 17 during an 
attack on Gweno-twom village in Gulu District.
    On June 8, LRA rebels killed 25 civilians, abducted 26 persons, 
including children, and burned 600 thatched huts in Abok IDP camp in 
Apac District.
    No action was taken against LRA rebels who were responsible for 
numerous killings in 2003 and 2002.
    The LRA continued to use landmines, which resulted in deaths and 
injuries during the year. For example, on February 25, a vehicle hired 
by a BBC crew hit a landmine on Lira-Okwang road; one solder died, and 
the driver was seriously injured.
    The LRA continued to abduct thousands of civilians for training as 
guerrillas; most victims were children and young adults whom the LRA 
forced into virtual slavery as laborers, soldiers, guards, and sex 
slaves (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 at times 
restricted these rights in practice. In addition, the law criminalizes 
offenses committed by the media and limited the media's ability to 
function effectively. The Government at times harassed and intimidated 
journalists, who continued to practice self-censorship. The Government 
did not restrict academic freedom.
    On February 23, the Uganda Law Council upheld the regulation 
prohibiting lawyers from making public statements on legal matters that 
were before court; however, the ban continued to be widely disregarded 
without penalty.
    Private media were generally free and outspoken. There were many 
privately owned publications and broadcasts. The New Vision, a 
government-owned daily newspaper, sometimes included reporting that was 
critical of the Government. The Monitor, the country's largest 
independent daily newspaper, consistently was critical of the 
Government. During the year, four independent weekly newspapers began 
publication. The East African, a Kenya-based weekly publication that 
provided extensive reporting on the country, continued to circulate 
without government hindrance.
    Unlike in the previous year, there were no reports that persons 
were arrested for publicly criticizing the Government.
    The Government continued to operate Radio Uganda, the only national 
radio station, and one television station (UTV), whose reporting was 
not considered to be independent. At year's end, there were at least 60 
private radio stations in operation, with another 60 awaiting 
licensing. Several independent media outlets broadcast daily or weekly 
political talk shows, including recorded off-site radio public debates 
called ``ekimeeza'' (table talk), which were often very critical of the 
Government.
    On November 25, Minister of Information James Nsaba Buturo 
instructed the Uganda Broadcasting Council to revoke the licenses of 
those stations that ``abuse the President or use offensive language and 
fail to correct the behavior.'' Buturo also announced that no 
additional licenses would be issued for stations seeking to broadcast 
in Kampala; in 2003, the Broadcasting Council proposed regulations that 
would limit the number of FM radio stations, allegedly to prevent 
overburdening the airwaves and adversely affecting the quality of 
broadcasting. Critics charged that the restrictions targeted 
independent radio, which was the primary news source for 80 percent of 
the population.
    There were four local private television stations and numerous 
private television stations available via satellite.
    Unlike in the previous year, no journalists were arrested or 
detained; however, journalists were harassed during the year. On June 
18, six journalists covering a court martial that involved army 
corruption were convicted by the same tribunal of contempt of court. 
Some of the six, who were sentenced and released without detention, 
were not provided legal counsel. At least some of the convictions were 
being appealed at year's end.
    There were no developments in the ongoing trial of Vincent Matovu, 
who was arrested in January 2003 and charged with sedition for the 
publication of two articles.
    Unlike in previous years, the Government did not ban broadcasts or 
publications due to editorial content; however, on April 16, the 
Government banned the tabloid Entango Ya Rukundo for allegedly 
publishing pornographic material.
    On February 11, the Supreme Court in a unanimous decision declared 
unconstitutional the law prohibiting publication of ``false 
information.'' On February 21, the Government dropped its case against 
two editors and a journalist for the Monitor on charges of publishing 
``false news'' that threatened national security. The case arose from a 
Monitor report on an alleged UPDF helicopter crash in 2002.
    During the year, the Government cited national security as grounds 
to suppress media reporting that criticized the Government or its 
handling of the LRA conflict, particularly reports that the LRA had 
killed UPDF soldiers. In January, army spokesperson Shaban Bantariza 
accused two Monitor journalists of being LRA rebel collaborators; the 
two journalists had covered the killing of UPDF soldiers by LRA rebels. 
In September, Vice President Gilbert Bukenya accused the electronic 
media of ``painting a false image of the Government.''
    On September 19, the Government lifted its June 2003 ban on 
reporting by journalist Frank Nyakairu, who had contributed to a story 
about an alleged 2002 UPDF helicopter crash.
    In March 2003, the UPDF warned that media outlets that published or 
broadcast classified information or abetted soldiers in leaking 
information would be subject to punishment, including the possibility 
of court-martial.
    In November 2003, the Attorney General banned the media from 
reporting the declarations of assets and liabilities made by the 
country's political leaders; however, no action has been taken against 
journalists who published such information.
    Media laws require that journalists be licensed to meet certain 
standards, such as possessing a university degree in journalism or the 
equivalent. A 1994 law also provides for a Media Council with the power 
to suspend newspapers and deny journalists access to state information. 
On January 14, the Media Council held its first meeting.
    Unlike in the previous year, there were no reports that citizens 
harassed journalists. No investigations were conducted into 2003 
attacks by ruling party members of Imelda Namutebi in February and 
Hadija Nakitende in December.
    The Government did not limit access to the Internet.
    Unlike in the previous year, there were no reports that police 
forcibly dispersed university political debates.

    b. Freedom of Peaceful Assembly and Association.--The law restricts 
freedom of assembly, particularly for political groups, by prohibiting 
any activities that interfere with the Movement system of governance; 
in practice, security forces often enforced these restrictions. For 
groups legally authorized to operate, permits were not required for 
public meetings; however, groups were required to notify the police 
prior to such gatherings. Police denied permission to hold public 
rallies to several opposition political groups during the year and, on 
several occasions, disrupted or forcibly dispersed opposition meetings 
and other events. Security forces arrested and detained opposition 
members.
    Mainstream political opposition groups, including the FDC, the 
Democratic Party (DP), and the UPC, generally complied with government 
restrictions to hold meetings only in enclosed spaces; however, the 
ruling Movement had frequent public demonstrations in support of 
President Museveni and his efforts to eliminate presidential term 
limits.
    During the year, security forces arrested and intimidated members 
of the opposition and disrupted numerous rallies and political events. 
On April 1, the Inspector General of Police, Major General Edward 
Katumba Wamala, directed police officers to arrest members of any 
unregistered political organization that held or was attempting to hold 
a political rally.
    On January 25, police in Mukono District detained four members of 
the Popular Resistance Against Life Presidency (PRALP) for attempting 
to organize illegal meetings; the four reportedly were released the 
same day, but were instructed to report to court every month.
    On February 29, police in Kampala arrested two members of Uganda 
Young Democrats, affiliated with the opposition DP, for organizing an 
illegal assembly. On March 2, the two were released; the case was 
pending trial at year's end.
    On March 5, in Jinja, government supporters dispersed a political 
meeting organized by the Parliamentary Advocacy Forum (PAFO); several 
persons were injured, including an M.P. with disabilities who was 
pushed through a ground-floor window. The attackers reportedly had been 
paid approximately $800 (1.5 million shillings) by progovernment 
officials to disrupt the meeting, which was attended by several 
opposition M.P.s. PAFO officials charged that local police, who did not 
intervene, had been ordered to step aside. A December 17 report by a 
parliamentary select committee charged two local officials with primary 
responsibility for the incident, but recommended that all those 
responsible be prosecuted.
    On May 23, police briefly detained supporters of two rival 
candidates who clashed at a campaign rally in Mbale.
    On June 5, police in Kyotera, Masaka District arrested and detained 
17 PRALP activists for attempting to hold an illegal assembly. The 17, 
who were released after 1 week, did not appear for their October 14 
court hearing; in December, police issued an arrest warrant for the 17.
    On August 7, police accidentally shot and killed a secondary 
student during a street battle between Muslims and Christians in 
Kyazanga Town, Masaka District. Several others were injured in the 
incident.
    On August 14, in Bugiri, the Resident District Commissioner fired 
live bullets in the air to disperse a meeting of the National Freedom 
Party; police subsequently arrested several members of the group for 
holding an illegal assembly.
    On August 18, the police in Kampala detained and questioned M.P. 
Ken Lukyamuzi for 2 hours for allegedly ``inciting violence'' at a 
public rally in July.
    Police also blocked other types of demonstrations during the year. 
For example, on May 4, anti-riot police in Kasese prevented a 
demonstration by residents over alleged harassment of their chairman by 
district councilors.
    In June, police in Mbarara dispersed a Uganda Youth Alliance 
conference because the group had not sought permission to hold such a 
gathering.
    The Government reportedly settled out of court with the parents of 
freelance journalist Jimmy Higenyi, who was killed by police in 2002 
during a UPC rally.
    No further action was taken against the members of the police who 
forcibly dispersed demonstrations in 2003 or 2002.
    The Constitution provides for freedom of association; however, the 
Government severely restricted this right in practice, particularly for 
opposition political parties and organizations (see Section 3). NGOs 
were required to register with the NGO Board, which included 
representation from the Ministry of Internal Affairs as well as other 
ministries.

    c. Freedom of Religion.--The Constitution provides for freedom of 
religion; however, in practice, the Government imposed some 
restrictions.
    The law requires religious groups and foreign missionaries to 
register with the Government; failure to register is a criminal 
offense. The Government continued to refuse registration to the World 
Last Message Warning Church due to continuing suspicions arising from 
the killings of more than 1,000 citizens in Kanungu in 2000. There were 
no reports that the Government refused to grant such registration to 
any other religious organization.
    Several religious groups, which had been shut down by police as 
suspected ``cults'' in previous years, remained closed at year's end. 
In addition, bans against nighttime prayer meetings by evangelical 
churches, reportedly for security and noise abatement reasons, were 
still in effect in residential areas of several districts. For example, 
in October, police in Kayunga banned night prayers to reduce insecurity 
in the district.
    The May 2003 closure of Prophetess Nabaasa Gwaja's worship center 
in Ntuusi village remained in effect at year's end.
    There were reports that security officials harassed Muslims; 
however, the Government maintained that certain Muslim suspects were 
detained on charges of treason and terrorism, not on religious grounds. 
On March 25, antiterrorism police in Kampala arrested two Muslim 
religious leaders and five other suspects on treason charges. The 
Muslim religious leaders claimed they were arrested for their religious 
beliefs, but the Government insisted they were arrested for recruiting 
for the ADF. The men were in detention awaiting trial at year's end.
    Muslims occupied positions of authority in local and central 
government; however, some Muslim leaders claimed that the number of 
positions did not reflect their percentage of the population.
    The LRA was responsible for attacks against religious institutions 
during the year. On May 18, LRA rebels abducted Anglican Bishop 
Benjamin Ojwang and 11 other persons from the Bishop's home in Kitgum; 
the abductees were rescued that night by UPDF forces. In June 2003, LRA 
leader Joseph Kony ordered the LRA to ``destroy all church missions and 
kill all priests in northern Uganda.''
    No action was taken against LRA rebels responsible for killing, 
injuring, and abducting religious workers in 2003.
    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, the Government at times limited them in practice. Some 
local officials reportedly demanded payment of fees before writing a 
letter of introduction on behalf of individuals changing their 
residence. A married woman must obtain her husband's written permission 
on her passport application if children are to be listed on her 
passport.
    On February 7, security agents seized the passport of Joseph 
Musasizi, the brother of exiled opposition leader Kizza Besigye, and 
prevented him from traveling abroad; on February 9, Musasizi's passport 
was returned to him.
    On August 17, William Onyanga, a supporter of Kizza Besigye and 
Lira District Council speaker, was blocked from traveling to South 
Africa.
    Continued attacks by the LRA and Karamojong warriors caused many 
ethnic Acholis and Iteso to leave their homes for urban centers, IDP 
camps, and villages guarded by the UPDF and LDUs. According to the U.N. 
office of the Coordinator for Humanitarian Affairs, there were more 
than 1.3 million registered IDPs as a result of this violence. At 
year's end, the number of IDPs per affected district were: Gulu, 
558,765; Kitgum, 267,078; Pader, 279,589; and Lira, 298,197.
    During the year, the LRA killed and injured numerous persons during 
attacks on IDP camps (see Section 1.g.). In the north, security forces 
continued their policy of maintaining UPDF detachments at IDP camps as 
a means of protecting civilians and denying support to the LRA. 
Security and health conditions in the approximate 200 IDP camps 
remained precarious, and several were the targets of large-scale rebel 
attacks (see Section 1.g.).
    In April, in Adjumani District, LRA rebels in groups of 7 to 20 
began attacking Sudanese refugee settlements in Adjumani; approximately 
20,000 Sudanese refugees fled the camps.
    Approximately 25,000 citizens of the country were refugees in the 
DRC, Sudan, and Kenya during the year.
    The law does not provide for the granting of asylum or refugee 
status in accordance with the definition of the 1951 U.N. Convention 
Relating to the Status of Refugees or its 1967 Protocol; however, 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 and 
generally cooperated with the office of the U.N. High Commissioner for 
Refugees (UNHCR) and other humanitarian organizations in assisting 
refugees and asylum seekers. Unlike during the previous year, the 
Government did not forcibly relocate refugees or deny UNHCR access to 
camps.
    The Government provided temporary protection to individuals who may 
not qualify as refugees under the 1951 Convention and 1967 Protocol, 
and also provided land for temporary resettlement to citizens from 
neighboring countries. This practice was extended to significant 
numbers of refugees during the year. More than 70 percent of the 
approximately 220,000 refugees in the country were from southern Sudan; 
there also were refugees from the DRC, Rwanda, and other countries.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The Constitution provides citizens with the right to change their 
government; however, Movement domination of the Government and some 
restrictive constitutional and statutory provisions limited citizens' 
effective exercise of this right. On November 17, the Constitutional 
Court declared sections of the 2002 Political Parties and Organizations 
Act (PPOA) that restricted political meetings and the registration of 
political parties unconstitutional; a 2003 court decision ruled that 
PPOA sections that prevented political parties from operating while the 
``Movement System'' remained in place were unconstitutional. However, 
during the year, both national and local government officials continued 
to interpret the law to restrict opposition political activities.
    The Constitution provides for an autonomous, independently elected 
president and a 305-member unicameral parliament whose members are 
elected to 5-year terms. The President dominated the Government, and 
Movement supporters remained in control of the Parliament. However, 
members of the Movement disagreed on several critical issues, including 
whether the constitutional presidential term limit should be lifted. 
Supporters of President Museveni retained a majority in Parliament, but 
not necessarily in sufficient numbers to pass constitutional 
amendments.
    In 2001, six candidates competed in the presidential elections, 
including President Museveni and Kizza Besigye. President Museveni was 
reelected with 69.3 percent of the vote. The presidential election 
generally reflected the will of the population; however, there were 
many complaints of irregularities prior to and on election day, 
particularly regarding the voting process. There also were numerous 
reports of election-related violence and intimidation by both the 
Government and the opposition.
    In 2001, elections were held for the 214 directly elected 
parliamentary seats. The elections generally reflected the will of the 
population; however, there were numerous instances of election-related 
intimidation and violence. The number of opposition M.P.s increased to 
35 from 12, including 9 UPC M.P.s and at least 6 M.P.s from the DP. 
Others were affiliated loosely with the DP, and the affiliation of 
several other M.P.s was unclear. There were 230 M.P.s elected from the 
Movement Party, giving it a clear majority; however, a number of 
moderate Movement M.P.s kept their seats in spite of President 
Museveni's active campaigning for their opponents.
    A 2002 parliamentary committee that investigated violence and 
irregularities in the 2001 presidential, parliamentary, and LC 
elections recommended that acting Army Commander Major General James 
Kazini, Presidential Advisor on Political Affairs Major Kakooza Mutale, 
Brigadier Julius Oketa, and other security personnel be further 
investigated and prosecuted for alleged crimes related to election 
violence; however, by year's end, no action had been taken.
    The 2000 referendum on the role of political parties resulted in 
the indefinite extension of the Movement form of government and the 
indefinite continuation of restrictions on political parties. On June 
25, the Constitutional Court ruled that numerous provisions of the 2000 
Referendum Act, which established the rules and procedures for 
conducting the 2000 referendum, were unconstitutional; however, on 
September 2, the Supreme Court overturned parts of the Constitutional 
Court's ruling and validated the results of the referendum. Despite the 
referendum, the PPOA set rules for the registration and operation of 
political parties. These rules were highly restrictive, and many 
parties refused to register under the PPOA. In March 2003, the Supreme 
Court declared unconstitutional Sections 18 and 19 of the PPOA, which 
prohibit political parties from holding rallies, taking part in 
election campaigning, or holding offices outside Kampala; however, 
restrictions on both registered and unregistered opposition parties 
continued during the year. The Government restricted non-Movement 
political gatherings and dispersed numerous political meetings not 
sanctioned by the Movement (see Section 2.b.).
    The ruling Movement regularly held rallies, conducted political 
activities, and in 2003 registered the National Resistance Movement-
Organization, a new political party that generally operated without 
restriction. Some new parties, which registered under the 2002 PPOA, 
have been allowed to function, as have political parties that existed 
in 1986, when the Movement assumed power; however, there were 
significant limitations. During the year, many parties refused to 
register and continued to challenge the PPOA in the courts; however, 
nine opposition parties registered following the November 
Constitutional Court ruling.
    On April 8, the Resident District Commissioner in Rukungiri 
instructed local officials to bar opposition candidates from 
campaigning at funerals or weddings.
    During the year, the Electoral Commission organized parliamentary 
and district by-elections in Kamuli, Mbale Municipality, Bushenyi, 
Kabale, and Bukomansimbi. Observers characterized these elections as 
generally free and fair; however, there were some irregularities. For 
example, in Kamuli District, the presiding officer and polling 
assistants were arrested for ``election malpractices.'' Several local 
council elections organized during the year by the EC were considered 
generally free and fair.
    In September 2003, the Cabinet presented a list of its suggestions 
for constitutional change to the Constitutional Review Commission (CRC) 
that included the introduction of a multiparty system, increasing 
executive authority over the legislature, and the lifting of 
presidential term limits. After the CRC submitted its report to 
Parliament, the Legal and Parliamentary Affairs committee on December 
21 recommended the rejection of some of the Government's proposed 
amendments, but made no recommendation on the lifting of presidential 
term limits. No action had been taken on the report's recommendations 
by year's end.
    Corruption continued to be a major problem. Despite credible 
evidence of wrongdoing, there were no prosecutions during the year of 
senior officials accused of corruption. The law requires the 
declaration of wealth by government officials and their family members, 
and the Government enforced the law during the year. A hotline 
established in 2003 by the Ministry of Ethics and Integrity continued 
to receive reports of corruption.
    The 2003 courts-martial of army officials suspected of maintaining 
under-strength units and pocketing salary payments for so-called 
``ghost soldiers'' was ongoing at year's end.
    The Constitution provides for public access to government 
information, and on January 29, the Supreme Court overturned a 
provision of the 2000 Constitution Amendment Act that would have 
restricted such access.
    The Constitution requires elections through electoral colleges for 
the 81 seats reserved for special interest groups in Parliament: 56 
seats were reserved for women; 5 for organized labor; 5 for persons 
with disabilities; 5 for youth; and 10 for the army, which were 
selected by the UPDF High Command, chaired by President Museveni.
    The Government used quotas in an aggressive effort to place women 
in positions of authority. In 2001, women won 12 nonreserved seats for 
the 295-member Parliament and held a total of 72 seats. There were 3 
female ministers and 12 female junior ministers in the President's 66-
member Cabinet. One woman served as Deputy Speaker, another as Deputy 
Chief Justice of the Supreme Court, and a woman headed the CID.
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, in August 2003, 
President Museveni issued a statement calling on civil society 
organizations to avoid involvement in partisan politics. Active 
domestic groups included the FHRI; FIDA-U; Human Rights Focus; the 
National Association of Women's Organizations of Uganda; the 
International Federation of Human Rights; and the Human Rights and 
Peace Center of Makerere University. Government officials continued to 
attend conferences and seminars hosted by NGOs on social problems and 
cooperated with NGOs on legal and prison reforms.
    No action was taken on the Government's March 2003 call for a code 
of NGO conduct to minimize corruption.
    The Government allowed visits by the ICRC, UNHCR, and several 
international human rights NGOs, including Amnesty International, HRW, 
and the International Justice Mission. On July 16, the ICRC resumed 
operations in the country after a 3-year suspension that followed the 
2001 killings of six relief workers in the Ituri District of the DRC, 
an area then controlled by the UPDF. During the year, the ICRC resumed 
its visits to prisons, police stations, and military detention 
facilities.
    The Constitution establishes the UHRC as a permanent independent 
body with quasi-judicial powers. The President appointed the UHRC's 
eight-member board. Under the Constitution, the UHRC may subpoena 
information and order the release of detainees and the payment of 
compensation for abuses. In several cases during the year, the UHRC 
Tribunal awarded compensation to complainants who had proven their 
allegations against government organs (see Sections 1.c. and 1.d.). The 
UHRC continued to pursue suspected human rights abusers, including 
high-level officials in the Government and military, and had branches 
countrywide, including in Gulu, Soroti, Mbarara, Fort Portal, Jinja, 
and Moroto. The UHRC Tribunal headquarters in Kampala received 1,080 
new cases during the year, including some against senior government 
leaders and military and police officials. In September, the Government 
withdrew previous constitutional proposals to abolish the UHRC.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The Constitution prohibits discrimination based on race, sex, 
disability, language, or social status; however, the Government did not 
enforce the law in matters of locally or culturally accepted 
discrimination against women, children, persons with disabilities, or 
certain ethnic groups. Continued instability in the northern region led 
to violations of the rights of some Acholi, an ethnic group that 
comprises a significant part of the population; LRA rebels, although 
predominantly Acholi themselves, were responsible for the most serious 
human rights violations.

    Women.--Violence against women, including rape, remained common. A 
2003 Johns Hopkins University study indicated that one in three women 
living in surveyed rural areas experienced verbal or physical threats 
from their partners, and 55 percent sustained physical injuries as a 
result of domestic abuse. The law prohibits assault, battery, and rape; 
however, there were no laws that specifically protected women from 
spousal abuse. Many law enforcement officials continued to view wife 
beating as a husband's prerogative and rarely intervened in cases of 
domestic violence. Women remained more likely to sue for divorce than 
to file rape or assault charges against their husbands.
    A 2003 HRW report concluded that married women were particularly 
vulnerable to HIV/AIDS infection as a result of forced sex in marriage 
by husbands with multiple partners or wives. HRW's report identified 
numerous social and legal obstacles to women's ability to protect 
themselves against HIV/AIDS infection in abusive relationships.
    The law requires that bride prices be nonrefundable gifts to the 
parents of the bride. In March 2003, civil society organizations 
recommended to the CRC that bride prices be abolished; however, no 
action had been taken by year's end.
    Thousands of women and girls were victims of abduction and rape by 
rebel forces. There also were reports that women were raped by the UPDF 
(see Sections 1.c. and 5, Children).
    FGM was practiced by the Sabiny ethnic group, located in rural 
Kapchorwa District, and the Pokot ethnic group along the northeastern 
border with Kenya. There were approximately 10,000 Sabiny and 
approximately 20,000 Pokot in the country. Among the Sabiny, initiation 
ceremonies involving FGM were carried out every 2 years. In August, an 
official in Moroto District confirmed more than 84 cases of FGM in his 
sub-county; in 2003, there were 30 cases. In Kapchorwa District, there 
were 594 cases of FGM during the year, according to an anti-FGM 
organization.
    There was no law against FGM, but the Government, women's groups, 
and international organizations continued programs to combat the 
practice through education. These programs, which received some support 
from local leaders, emphasized close cooperation with traditional 
authority figures and peer counseling. Significant press attention to 
these ongoing efforts brought public attention to the problem during 
the year.
    Prostitution was illegal; however, it was common. There were no 
credible statistics available on the occurrence of prostitution, 
including child prostitution, during the year.
    There were reports of trafficking in women, girls, and babies 
during the year (see Section 5, Trafficking).
    Sexual harassment also was common. For example, in January, the 
Women's Commission for Refugee Women and Children reported that 
security forces, teachers, and others in the north sexually abused 
female ``night commuters,'' the adults and children who fled their 
homes each night to seek shelter from LRA attacks and abductions. In 
March, Parliament registered complaints from women being asked for 
sexual favors during job interviews.
    Traditional and widespread societal discrimination against women 
continued, especially in rural areas. Many customary laws discriminate 
against women in the areas of adoption, marriage, divorce, and 
inheritance. In many areas, women could not own or inherit property or 
retain custody of their children under local customary law. Traditional 
divorce law in many areas requires women to meet stricter evidentiary 
standards than men to prove adultery. Polygyny is legal under both 
customary and Islamic law. In some ethnic groups, men can ``inherit'' 
the widows of their deceased brothers. Women did most of the 
agricultural work but owned only 7 percent of the agricultural land. 
During the year, employers in the private sector frequently failed to 
apply the statutory provision that provides women maternity leave.
    There were limits on a married woman's ability to travel abroad 
with her children (see Section 2.d.).
    Numerous NGOs sponsored conferences and training programs on 
women's rights throughout the country. There were several active 
women's rights groups in the country.

    Children.--The Government demonstrated a commitment to improving 
children's welfare. Education received the largest percentage of the 
national budget. The Government did not enforce effectively the 
Children's Statute, which outlines broad protections for children, 
because of the large proportion of children in the population 
(approximately half of the country's population was under 15), staffing 
and fiscal constraints on the judiciary, and cultural norms. The law 
stipulates parents' responsibilities and provides extensive protection 
for children in a wide variety of areas, including financial support, 
foster care placement, adoption, determination of parentage, and 
treatment of children charged with offenses. The law also prohibits 
children from taking part in any activity that was likely to injure the 
child's health, education, or mental, physical, or moral development; 
however, the Government often did not enforce these prohibitions.
    The Government continued the Universal Primary Education (UPE) 
program, which provided free education through the seventh grade; 
however, education was not compulsory. UPE increased funding for 
education, provided additional skills training for teachers, and 
reduced the textbook to student ratio; however, some provisions had not 
been implemented fully by year's end. Strained finances, corruption, 
instability in some areas, infrastructure problems, and inadequate 
teacher training prevented full implementation. The UPE program made 
education more accessible financially; however, parents still had to 
pay for school supplies and some school costs.
    According to UNICEF, the country's primary school enrollment rate 
was 86 percent for both boys and girls. Girls and boys theoretically 
had equal access to education in the lower grades; however, the 
proportion of girls in higher school grades remained low because 
families traditionally favored boys when making educational decisions. 
Boys also were more likely to finish primary school and performed 
better on examinations for admission into secondary school. The 
Government continued several programs to promote a national plan for 
the education of girls. According to the 2002-03 National Household 
Survey, only 59 percent of adult women were literate compared with 80 
percent of adult men.
    Child abuse remained a serious problem, particularly rape and other 
sexual abuse of girls, offenses known as ``defilement.'' Defilement 
applied to all cases of sexual contact outside of marriage with girls 
younger than 18 years of age, regardless of consent or the age of the 
perpetrator. The perpetrators of defilement often were family members, 
neighbors, or teachers. During the year, 1,878 persons were convicted 
of defilement, and 1,818 suspects were awaiting trial at year's end. 
Defilement carried a maximum sentence of death; however, no court 
sentenced persons convicted of defilement to death during the year. In 
practice, defilement cases often were settled by a payment to the 
girl's parents.
    During the year, teachers were arrested for defilement. For 
example, the Arua District education officer reported that between June 
and October, three teachers were arrested for defilement.
    Corporal punishment is banned; however, many schools used it. In 
April, the UHRC summoned to testify Fabian Bahemuka and Fedeli Muleme, 
teachers of St. Aloysius Bukalagi Primary School, in Mpigi District, 
for allegedly caning a pupil into a coma in 2002. During the year, the 
UHRC tribunal mediated a settlement that required the teachers to pay 
the pupil's family $115 (200,000 shillings).
    There were credible allegations of actual and attempted ritual 
killings of children during the year. For example, in February, police 
in Kayunga District arrested and detained two traditional healers for 
allegedly attempting to murder an 11-year-old boy; no further 
information was available.
    There were no developments in the February 2003 and May 2003 ritual 
killings of children. There were no developments in 2002 ritual 
killings of children.
    The marriage of young girls by parental arrangements was common, 
particularly in rural areas.
    FGM was performed on girls in the Sabiny and Pokot ethnic groups 
(see Section 5, Women).
    Child prostitution and trafficking were problems (see Section 5, 
Trafficking).
    The legal recruitment age for military service was 18 years; 
however, persons below the age of 18 occasionally enlisted, sometimes 
with the collusion of local officials. During the year, there were 
reports that the Government continued to recruit children into the 
UPDF. Other children were reported to have been recruited into LDUs. 
The UPDF denied that it had actively recruited child soldiers, but said 
some might have been allowed to join through deception or oversight. 
However, other reports indicated that the UPDF detained some former LRA 
child combatants for unacceptably long periods, and in some cases, used 
them on intelligence and reconnaissance missions.
    During the year, the UPDF collaborated with UNICEF to identify and 
remove 300 to 400 underaged soldiers from the 60,000-soldier UPDF. 
There were also efforts to identify and remove underaged recruits from 
LDUs, where underage recruitment reportedly was a more serious problem.
    There were an estimated 2 million children who had lost one or both 
parents. This large number of orphans resulted from wars and other 
instability, population dislocation, and HIV/AIDS.
    Child labor was a problem (see Section 6.d.).
    Approximately 12,000 children have been abducted during the last 2 
years, and the LRA continued to abduct children and, at clandestine 
bases, to force them into virtual slavery as laborers, soldiers, 
guards, and sex slaves. In addition to being beaten, raped, and forced 
to march until exhausted, abducted children were forced to participate 
in the killing of other children who attempted to escape. More than 85 
percent of LRA forces were made up of children whom the LRA abducted 
and forced to fight as rebels; most LRA rebels were between the ages of 
11 and 16.
    During the year, the UPDF rescued numerous children abducted by the 
LRA; 15,000 children have returned from LRA captivity since the 
conflict began. The UPDF's Child Protection Unit continued to provide 
treatment to returned abductees upon arrival at military facilities. It 
also escorted ex-abductees to NGO facilities, which provided assistance 
and counseling to the children and their families. The Government also 
worked closely with NGOs in the north to facilitate their assistance 
programs for amnesty seekers and rescued children; however, these 
programs were primarily financed by donors. The Amnesty Commission 
provided orientation to officials in Sudan to better assist applicants, 
including former abducted child soldiers, to enter the amnesty program.
    Between 32,000 and 52,000 children known as ``night commuters'' 
traveled from conflict areas or IDP camps each night to urban centers 
to avoid abduction by the LRA. In March, the U.N. estimated that nearly 
18,800 children commuted nightly into Gulu town, 11,000 in Kitgum, and 
11,000 in a Kalongo Hospital in Pader District. During the year, the 
Government cooperated with NGOs to establish shelters for such children 
in tented dormitories and other semi-permanent structures; in other 
cases, children slept under balconies or on the grounds of schools, 
churches, and hospitals. Conditions ranged from harsh to adequate. 
There were credible reports that many displaced girls became involved 
in prostitution.

    Trafficking in Persons.--The law does not specifically prohibit 
trafficking in persons; however, it prohibits trafficking-related 
offenses. The penalty for the procurement of women for purposes of 
prostitution or detention with sexual intent is up to 7 years' 
imprisonment; the penalty for trading in slaves is up to 10 years' 
imprisonment. A range of sentences up to the death penalty can be 
imposed for defilement (sex with minors). Forced labor is a 
misdemeanor. There were reports that persons were trafficked to, from, 
or within the country. During the year, persons were arrested for 
trafficking-related offenses; however, none reportedly were convicted.
    In addition to trafficking related to LRA abductions (see Sections 
1.b. and 5), adults and children were trafficked internally for labor, 
commercial sexual exploitation, and criminal activities.
    During the year, there were media reports that several women from 
South Asia were trafficked to the country under false pretenses and 
forced into prostitution; some of the women also claimed that they had 
been tortured and raped. On June 30, police arrested the owner of the 
restaurant where some of the women were found. A parliamentary 
committee reportedly planned to investigate the extent of the 
trafficking of South Asian women to the country; however, no action had 
been taken by year's end.
    Unlike in previous years, there were no reports that the SPLA 
forcibly recruited Sudanese refugees in the north for service in their 
forces.
    The Government, through the military and civilian agencies, 
continued efforts to combat LRA trafficking in persons. The Government 
began Operation Iron Fist in 2002 to eradicate the LRA threat and has 
continued to offer amnesty to former rebels, providing resettlement 
packages with educational benefits and vocational training. The 
Government also established protected camps garrisoned by the UPDF that 
have helped to prevent abductions (see Sections 1.b. and 2.d.).

    Persons With Disabilities.--The Constitution provides persons with 
disabilities ``a right to respect and human dignity''; however, 
widespread discrimination by society and employers limited job and 
educational opportunities for such persons. There was no statutory 
requirement that buildings be accessible for persons with disabilities. 
There was a Minister of State for Disabled Persons, and five seats in 
Parliament were reserved for representatives of persons with 
disabilities. There was also a Department for Disabled Persons within 
the Ministry of Gender, Labor, and Social Development; however, this 
institution lacked sufficient funding to undertake or support any 
significant initiatives.
    The Children's Act required that children with disabilities be 
given necessary special facilities; however, in practice inadequate 
funding hampered enforcement of this provision.

    National/Racial/Ethnic Minorities.--Civil strife in the north and 
east led to the violation of the rights of members of the Acholi, 
Langi, and Ateso ethnic groups, who primarily resided in the districts 
of Gulu, Kitgum, Pader, Lira, Apac, and Soroti. LRA rebels, who 
themselves largely were Acholi, committed abuses against ethnic Acholi 
and other ethnic groups. The LRA in particular was implicated in the 
killing and kidnapping of Acholi tribe members (see Section 1.g.). 
During the year, the UPDF committed abuses against ethnic Acholi during 
combat operations against the LRA. Ethnic Acholi leaders also 
complained that outsiders were attempting to take advantage of 
continuing instability to steal their land.
    Inter-ethnic violence between the Langi and Acholi ethnic groups 
resulted in deaths. On February 25, a joint force of UPDF troops and 
police fired in the air after a peace march commemorating the victims 
of the February 21 LRA attack on Barlonyo IDP camp became violent. One 
person was shot to death by the joint force, and four persons were 
lynched by the mob; there were numerous injuries. Observers reported 
that approximately 500 members of the Langi ethnic group broke away 
from the demonstration to attack Acholis and their property and that 
the violence appeared to be exacerbated by February 24 anti-Acholi and 
anti-foreign broadcasts on Lira radio.
    During the year, raids by armed Karamojong warriors in Katakwi, 
Kotido, and Kapchorwa Districts in the northeast resulted in 
approximately 100 deaths. The raids reportedly exacerbated ethnic 
tensions in the northeast (see Section 1.a.). The Government's 
mandatory disarmament program for Karamoja, which has caused 
confrontations between the UPDF and the Karamojong, continued, and 
negotiations continued for a Karamojong-led solution. The UPDF and 
police continued efforts to improve security conditions by arresting 
cattle rustlers and preventing cross-border incursions.

    Incitement to Acts of Discrimination.--Anti-Acholi messages on Lira 
radio throughout the evening of February 24 contributed to the violence 
in a February 25 demonstration (see Section 5, National/Racial/Ethnic 
Minorities).
Section 6. Worker Rights
    a. The Right of Association.--The Constitution provides for the 
right of every person to join workers' associations or trade unions; 
however, the Government at times did not respect this right in 
practice. Employers often did not observe the requirement to recognize 
a union. The right to form unions extended to civil servants; however, 
many ``essential'' government employees were not permitted to form 
unions, including police, army, and management-level officials 
throughout government. The Government failed to enforce the rights of 
some employees to join unions in newly privatized industries and 
factories.
    The law allows unionization if 51 percent or more of the work force 
support it and if the proposed union represents at least 1,000 
employees. These requirements effectively prevented workers in 
important parts of the private sector from forming unions, especially 
in the textile, hotel, and construction sectors.
    The law does not prohibit anti-union discrimination by employers, 
and union activists were not protected sufficiently from retribution 
for union activities; however, there were no reported incidents of 
government harassment of union officials during the year. There were 
reports that several private companies urged workers not to take part 
in unionization efforts.

    b. The Right to Organize and Bargain Collectively.--The law 
provides for the right to organize and bargain collectively; however, 
the right to organize was rarely defended by the Government, and true 
collective bargaining occurred only in the small private sector of the 
modern economy. There are no export processing zones.
    The Constitution provides for the right to strike; however, the 
Government seldom defended this right, and government policy required 
labor and management to make ``every effort'' to reconcile labor 
disputes before resorting to strike action. This directive presented 
unions with a complicated set of restrictions. If reconciliation did 
not appear to be possible, labor had to submit its grievances and give 
notification of the strike to the Minister of Labor, who usually 
delegated the dispute to the IC. In principle, IC rulings were final, 
but in practice, they could be appealed to the High Court, an option 
often taken by employers. The Minister of Labor generally did not 
permit strikes in the absence of a determination from the IC that 
``every effort'' had been exhausted. The Government only took limited 
action on organized labor complaints; however, frustrated laborers 
often went on strike anyway.

    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 Sections 5 and 6.d.). Prison 
officials hired out prisoners to work on private farms and construction 
sites, where the prisoners often were overworked. Throughout the 
country, prison officials routinely supplemented their meager wages 
with cash crops grown by prisoners on the prison grounds (see Section 
1.c.). Male prisoners performed arduous physical labor while female 
prisoners produced marketable handicrafts such as woven basketry. 
Juvenile prisoners performed manual labor, often for 12 hours per day. 
Compensation, when paid, generally was very low.
    There were also complaints that the UPDF forced ethnic Acholi 
citizens to clear roadways in war-affected regions of the north.

    d. Prohibition of Child Labor and Minimum Age for Employment.--The 
law prohibits employers from hiring workers below the age of 18; 
however, child labor was common, especially in the informal sector. 
Demographics contributed to the problem of child labor; half of the 
population was under 15 years of age. Many children left school and 
went into agricultural or domestic work to help meet expenses or 
perform the work of absent or infirm parents, a situation common 
throughout the country (see Section 5). The problem was particularly 
acute among the large orphan population.
    In urban areas, children sold small items on the streets, were 
involved in the commercial sex industry, worked in shops, or begged for 
money (see Section 5). Children were also employed in the tea 
harvesting sector.
    In the past, smuggling was one of the larger informal industries 
and employed large numbers of child laborers at the borders with Kenya 
and Tanzania; however, there were no reports of such activity during 
the year.
    The law prohibits forced and bonded labor by children; however, a 
lack of resources prevented the Government from enforcing this 
prohibition effectively. There were reports the UPDF used former LRA 
child soldiers on reconnaissance and intelligence missions (see Section 
5).
    The LRA often forced abducted children into virtual slavery as 
guards, laborers, soldiers, and sex slaves (see Section 5).
    The Ministry of Gender, Labor, and Social Development enforced the 
law on child labor; however, financial constraints limited the 
Ministry's efforts. The Government made efforts to decrease the 
incidence of child labor during the year. The Government coordinated 
its efforts to stop child labor through the National Steering Committee 
on Child Labor, which brought together representatives of the Ministry 
of Gender, Labor, and Social Development; the Ministry of Education and 
Sports; the Ministry of Local Government; the Federation of Uganda 
Employers; the National Organization of Trade Unions; NGOs; 
journalists; and academicians. The Government organized a number of 
child labor awareness workshops, disseminated printed information, and 
sponsored radio and television discussions to educate the public on 
child labor issues. Several human rights NGOs continued programs during 
the year aimed at removing children from hazardous work.
    The Government also cooperated with the ILO, foreign governments, 
and NGOs in several initiatives to combat child labor, including the 
education and reintegration of children into their communities.

    e. Acceptable Conditions of Work.--The minimum legal wage was $3.50 
(6,000 shillings) per month, a rate set in 1984; however, this wage was 
not enforced effectively in practice. The Government and the private 
sector negotiated a new rate in 2003; however, no minimum wage 
legislation had been passed by year's end. The existing minimum wage 
did not provide a decent standard of living for a worker and family.
    In industries that employed workers on an hourly basis, the normal 
workweek was 40 hours. There was no legal maximum workweek; however, 
employers were supposed to pay a time-and-a-half rate for each 
additional hour worked beyond a 48-hour workweek. Many industries paid 
workers incrementally to avoid overtime and circumvent the prohibition 
on child labor. Many companies employed workers as ``casual laborers'' 
or ``contract workers'' to avoid providing benefits.
    The law establishes some occupational health and safety standards. 
The Workers' Compensation Act provides compensation, based on monthly 
salaries, for workers injured or killed at work. The Ministry of 
Gender, Labor, and Social Development's Department of Occupational 
Health was responsible for enforcement of occupational safety 
regulations; however, in practice, inspections were rare, primarily due 
to the lack of vehicles and funding for inspection trips. There were 
fatal accidents at several construction projects. The limited 
occupational safety regulations under the law did not prevent the 
dismissal of workers who refused to perform dangerous work; however, 
strong unions in certain dangerous industries protected such workers.
    Foreign workers are protected under the Occupational Health and 
Safety Law. The law does not exclude illegal workers; however, illegal 
workers who filed claims risked government scrutiny of their employment 
status and possible prosecution or deportation.

                               __________

                                 ZAMBIA

    Zambia is a republic governed by a president and a unicameral 
national assembly. Since 1991, multiparty elections have resulted in 
the victory of the Movement for Multi-Party Democracy (MMD). MMD 
candidate Levy Mwanawasa was elected President in 2001, and the MMD won 
69 out of 150 elected seats in the National Assembly. Domestic and 
international observer groups noted general transparency during the 
voting; however, they cited several irregularities. Opposition parties 
challenged the election results in court, and judicial deliberations 
were ongoing at year's end. The anti-corruption campaign launched in 
2002 continued during the year and resulted in numerous arrests and 
prosecutions. The judicial system was hampered by inefficiency, 
corruption, and lack of resources.
    The police, divided into regular and paramilitary units under the 
Ministry of Home Affairs, have primary responsibility for maintaining 
law and order. The Zambia Security Intelligence Service (ZSIS), under 
the Office of the President, is responsible for intelligence and 
internal security. Civilian authorities maintained effective control of 
the security forces. Members of the security forces committed numerous 
serious human rights abuses.
    The economy was market based with a population of 10.4 million. 
Approximately 60 percent of the labor force worked in agriculture, 
although agriculture contributed only 15 percent to the gross domestic 
product. Economic growth was projected at 4.6 percent for the year; 
wages generally failed to keep pace with an inflation rate of 17.5 
percent. The Government's efforts to rein in public spending resulted 
in the resumption of balance of payment support from donors and debt 
forgiveness. Approximately 73 percent of the population lived below the 
poverty line.
    The Government's human rights record remained poor; although there 
were some improvements in a few areas, serious problems remained. 
Police officers committed several unlawful killings and tortured, beat, 
and otherwise abused criminal suspects and detainees. Some police 
officers who committed these abuses were disciplined or remained in 
detention pending trial; however, most did so with impunity. The lack 
of professionalism, investigatory skill, and discipline in the police 
force remained a serious problem. Prison conditions were harsh and life 
threatening. Arbitrary arrests, prolonged detention, and long delays in 
trials were problems. The police infringed on citizens' privacy rights. 
The Government restricted speech and press freedom. Police forcibly 
dispersed demonstrations and obstructed rallies of the political 
opposition, labor unions, and civil society groups. The Government 
ordered and then rescinded the dissolution of NGOs during the year. 
Violence and discrimination against women remained widespread. Child 
abuse, trafficking in persons, and discrimination against persons with 
disabilities were problems. Workers' rights were limited, and child 
labor remained a serious problem.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Arbitrary or Unlawful Deprivation of Life.--There were no 
political killings by the Government or its agents; however, security 
forces committed numerous unlawful killings during the year. The Legal 
Resources Foundation (LRF), an independent human rights organization 
that counseled victims' families and represented them in actions 
against the Government, consistently investigated and publicized such 
incidents.
    Police killed several persons during apprehension and in custody. 
On March 21, police in Kitwe arrested, detained, and beat Michael 
Kalunga and Davie Mwape for possession and consumption of illegally 
brewed alcohol; on March 25, Kalunga and Mwape died in detention as a 
result of the beatings. Eight other persons arrested and detained on 
the same charge as Kalunga and Mwape were beaten; five remained in 
custody awaiting trial at year's end. No action was taken against the 
responsible police by year's end.
    On December 25, 2003, police in Nakonde arrested and beat 28-year-
old Fridah Mulenga following allegations that she had abandoned an 8-
month-old child. On December 6, when Mulenga was released, she 
complained of severe chest pains and was admitted to a hospital; on 
January 7, she died. No action was taken against the responsible police 
by year's end.
    During the year, there were incidents of accidental killings by 
police. For example, on March 15, in Livingstone, police in pursuit of 
two fleeing prisoners shot and killed Lydia Monga, a bystander. The 
officer who fired the shots was charged with murder, detained, and 
awaiting trial at year's end.
    Police forcibly dispersed demonstrations during the year; at least 
one person was killed (see Section 2.b.).
    On January 20, witnesses testified in court that Lusaka police 
officers Davis Nyirenda and Ignatius Machilika, who were charged with 
the May 2003 shooting to death of Tombozgani Chirambo, were responsible 
for Chirambo's death; however, the magistrate released the two 
policemen for insufficient evidence. The 2003 complaint filed by 
Chirambo's family, which prompted the arrest of the officers, was still 
pending at year's end.
    No action was taken against police responsible for the 2003 
killings in custody of Chomba Mulamba, Tobias Kapenda Tembo, and 
Chisenga Chisenga.
    The results of the inquest into the 2002 killing by police of 
Alison Phiri and David Nkwambwa were not released by year's end.
    There was no known action taken in the 2002 killings by police 
officers.
    Mob violence, which generally targeted suspected thieves, witches, 
or persons suspected of sexual impropriety, resulted in killings during 
the year. For example, on September 21, a mob in Lusaka beat to death 
an unidentified man who was caught trying to break into a house. Police 
made no arrests in such cases during the year.
    Unlike during the previous year, there were no reports that Mai Mai 
rebels from the Democratic Republic of the Congo (DRC) killed 
civilians.

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

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The Constitution prohibits such practices; however, police 
frequently used excessive force when apprehending, interrogating, and 
detaining criminal suspects or illegal immigrants. Authorities 
detained, interrogated, and physically abused family members or 
associates of criminal suspects in attempts to identify or locate 
suspects. Officers who tortured, beat, or otherwise abused suspects 
generally were not disciplined or arrested for such acts, although 
local human rights organizations, particularly LRF, were active in 
pressing for such action.
    On January 16, police in Chingola arrested, detained, and tortured 
local resident Nkumbwa Daniel Jones, who allegedly stole copper 
concentrates from the truck he was driving. To extract a confession, 
police beat Jones as he hung immobilized and upside down from a metal 
bar swing known as a ``kampelwa''; Jones was also denied food, water, 
and medical treatment for several days. Only after intervention by the 
Permanent Human Rights Commission did police allow Jones to obtain 
medical attention for his injuries. The LRF filed a lawsuit against the 
officers; no further action was taken in the case by year's end.
    In early March, Munali police arrested Aliyele Sakala on suspicion 
of having stolen goods valued at approximately $20 (94,000 kwacha). 
While in custody, police beat Sakala and tied his arms and legs to the 
door of his cell for 3 days, which left him partially paralyzed; police 
claimed that Sakala's injuries resulted from epileptic seizures. The 
LRF and police investigated the allegations; however, no further 
actions were taken by year's end.
    On March 30, police in Nakonde arrested Adam Simukwai on suspicion 
of harboring suspects in a cattle-rustling case. During apprehension 
and while in custody, police severely beat Simukwai and broke his leg. 
Police pledged to investigate the abuse; however, no results had been 
released by year's end.
    On March 28, President Mwanawasa's mother, Mirriam Mokola, suffered 
third-degree burns in an Ndola bus accident. Following Mokola's death 
on April 9, police handcuffed the driver of the bus, Humphrey Mumba, to 
his hospital bed. The handcuffs prevented Mumba, who also was badly 
burned, from turning over in his bed, which complicated his recovery. 
After media reports on the incident, President Mwanawasa ordered that 
the handcuffs be removed. On April 16, the responsible police officer 
was charged with police misconduct; however, no action had been taken 
on the charges by year's end.
    The 2003 LRF suit filed against the police on behalf of Webster 
Mfula, who was tortured for 3 days in detention, still was pending in 
the courts at year's end. No arrests had been made by year's end.
    No action was taken against police officers responsible for the 
2003 torture of Kalengo Kalowani and Shebo Silumelume.
    During the year, several victims of state-sponsored torture 
following the 1997 coup attempt filed compensation claims. In January 
court proceedings, Major Bilex Mutale and Angel Suza sued former Drug 
Enforcement Commission Deputy Commissioner Teddy Nondo, former 
Commissioner of Police Emmanuel Lukonde, and Attorney General George 
Kunda for damages resulting from false imprisonment and torture 
following their 1997 arrest. Mutale and Suza charged that police used 
the kampelwa during beatings; that they were denied food, water, and 
bedding for 6 days; and that they were denied access to legal 
representation, medical facilities, and access to their families. The 
case was still pending at year's end.
    Some traditional rulers continued to use corporal punishment, which 
is illegal. On April 1, police in the Copperbelt arrested Chief Mushili 
of the Lamba people for assaulting and extorting from his subjects; the 
results of court proceedings were unknown at year's end. In late 
September, subjects of Chief Matipa in Northern Province publicly 
admonished their Chief for routinely beating his subjects with a cane 
and whip.
    Police occasionally demanded sex from female detainees as a 
condition for their release, according to human rights groups. For 
example, on November 10, local media reported that a female detainee at 
Livingstone Central Police cells consented to have sex with an unnamed 
officer in exchange for her release from custody. When the officer 
failed to release her, she complained to the supervising officer. The 
results of the police investigation were unknown at year's end.
    On June 22, a Kabwe court sentenced police officer Joel Mukena to 
15 months in prison for raping an unnamed female detainee in April 2003 
and then facilitating her unlawful release from custody.
    No action was taken against police who in 2003 sexually assaulted 
Mary Goma and Linda Zulu.
    Police officer Joseph Chitambo, who was charged with theft and 
extortion in 2003, still was awaiting trial at year's end.
    There were no further developments in the 2002 cases of police 
beatings or rapes.
    Mob violence, which generally targeted suspected thieves, witches, 
or persons suspected of sexual impropriety, resulted in killings and 
injuries during the year (see Section 1.a.). On September 23, an angry 
mob near Ndola threatened to lynch a suspected wizard who was 
implicated by the movement of a coffin being carried to the cemetery; 
the mob withdrew when the suspected wizard, who was injured in the 
attack, agreed to pay approximately $10 (50,000 kwacha) in damages.
    Prison conditions were harsh and life threatening. The country's 
prisons, which were built to hold 5,500 inmates, held more than 13,200 
prisoners, and inmates in Lusaka Central Prison were forced to sleep 
sitting upright. Severe overcrowding, poor sanitation, inadequate 
medical facilities, meager food supplies, and lack of potable water 
resulted in serious outbreaks of disease, including dysentery, cholera, 
and tuberculosis. After a severe outbreak of diarrhea in one prison, 
officials discovered that the inmates were being fed rotten cornmeal; 
officials stopped serving the cornmeal. Prisoners in another detention 
center had no toilets, chamber pots, or buckets. During the year, 
Lusaka Central Prison averaged one prisoner death a day from 
tuberculosis, according to the Prison's Assistant Superintendent.
    Women and men were held separately in prison; however, juveniles 
often were not held separately from adults. Infants and young children 
of incarcerated women were held along with their mothers. As of July 1, 
20 children were being held with their incarcerated mothers at Lusaka 
Central Prison.
    Pretrial detainees were not held separately from convicted 
prisoners.
    Prisoners with mental disabilities were not held separately from 
the general prison population. On September 9, a detainee with mental 
disabilities attacked and assaulted magistrate Richard Choonga as 
Choonga inspected the prison.
    During the year, there were several deaths of prisoners due to 
neglect. For example, LRF reported that three inmates at Lusaka Central 
Prison died of cholera between March 29 and April 1 after they failed 
to receive medical care. Between October 1 and 15, 15 inmates at Lusake 
Central Prison died from suffocation due to high temperatures and 
overcrowding in the cells.
    The Government permitted prison visits by both domestic and 
international NGOs and by resident foreign diplomats during the year. 
Provincial human rights committees periodically inspected prison 
conditions; LRF continued its prison visits during the year.

    d. Arbitrary Arrest or Detention.--The law prohibits arbitrary 
arrest and detention; however, the Government did not respect these 
prohibitions. Criminal suspects were arrested on the basis of 
insubstantial evidence or uncorroborated accusations.
    Police posts in towns throughout the country reported to one of 
nine provincial police stations, which in turn reported to the central 
police command in Lusaka. Lack of professionalism, investigatory skill, 
and discipline in the police force remained serious problems. Human 
rights training during the year raised police awareness of human 
rights; however, the use of excessive force continued, and corruption 
was widespread.
    Low salaries and substandard government housing exacerbated police 
corruption, as did poor working conditions, characterized on March 29 
by Home Affairs Permanent Secretary Peter Mumba as a ``national 
disaster.'' Police released prisoners in exchange for bribes, detained 
citizens in private debt disputes for a portion of the payment owed, 
extorted money at roadblocks, and required document processing ``fees'' 
or ``gas money'' to commence investigations. Some police officers 
arrested on corruption or abuse charges were convicted and sentenced to 
prison; however, most went unpunished unless an NGO took up the case on 
behalf of the victim. Punishment, if any, usually came years after the 
abuse was committed, and the accused officers often remained on duty in 
the interim.
    The Government took some steps to address these problems. During 
the year, the Police Public Complaints Authority (PPCA), which was 
established in 2003 to provide the public with a place to direct 
complaints of police harassment and abuse, received 406 complaints of 
police misconduct. During the year, the PPCA resolved or referred the 
majority of cases received in 2003 and directed the police Inspector 
General (IG) to dismiss 3 officers and to reprimand 4 others. On 
February 12, President Mwanawasa instructed the Minister of Home 
Affairs to compel the IG to implement PPCA directives against officers 
found guilty of perpetrating such abuses; in 2003, the IG claimed that 
the PPCA lacked the statutory authority to direct him to take such 
action. In March, the IG dismissed four officers found guilty of abuse 
by the PPCA.
    The law requires that authorities obtain a warrant before arresting 
a person for some offenses; however, other offenses had no such 
requirement. Suspects being arrested were informed of their rights, 
including the immediate right to an attorney. The law requires that 
suspects appear before a magistrate within 24 hours of their arrest; 
however, detainees were frequently held for longer periods because 
prosecutors routinely required that officers collect additional 
evidence before presenting cases to a magistrate. There was a 
functioning bail system; however, prisons were overcrowded in part 
because of the numerous offenses for which bail is not granted, 
including treason, murder, aggravated robbery, and violations of 
narcotics laws, as well as lesser offenses such as motor vehicle theft.
    Indigent detainees and defendants rarely had the means to post 
bail. The Government's legal aid office, which employed only nine 
attorneys, is responsible for providing representation for indigent 
detainees and defendants in criminal or civil cases; however, in 
practice, few received assistance.
    Police frequently arrested individuals as a pretext for stealing 
their property or extorting bribes; however, there were fewer reports 
of such incidents than in previous years. For example, on January 19, 
police arrested Cephas Phiri, a passenger on a Lusaka minibus, when 
money from a nearby vehicle went missing. After searching all of the 
passengers, the police arrested Phiri when they found he had $17.77 
(83,500 kwacha). Phiri, who was detained for 5 days, demanded his money 
upon his release; however, the police refused and threatened to 
rearrest him. The LRF intervened on Phiri's behalf; however, the 
outcome was unknown at year's end.
    Police stations frequently became ``debt collection centers,'' 
where police officers acting on unofficial complaints detained debtors 
without charge until they paid the complainants; in return, the police 
received a percentage of the payments. Officers found engaging in this 
practice reportedly were disciplined. For example, on April 26, Lusaka 
police arrested Bernard Mulendema, who had sold property on consignment 
and failed to compensate the owner. On April 30, the arresting officer 
offered to release Mulendema from custody if he paid $21 (100,000 
kwacha). Mulendema informed the Anti-Corruption Commission, which 
arrested the officer on corruption charges; the outcome of the case was 
unknown at year's end.
    Police arbitrarily arrested family members of criminal suspects 
(see Section 1.f.).
    Authorities detained five journalists during the year (see Section 
2.a.).
    The Government also threatened to arrest the members of an 
organization that it claimed was unregistered (see Section 2.b.).
    Pretrial detention often was prolonged. In criminal cases, the law 
requires that a detainee be charged and brought before a magistrate 
within 24 hours; in practice, police held most detainees for more than 
1 month from the time of detention to the first appearance before a 
magistrate. In some cases, defendants were awaiting trial for as long 
as 2 to 3 years. In past years, some defendants waited as long as 10 
years for completion of appeals processes that reached the Supreme 
Court. These long delays were a result of inadequate resources, 
inefficiency, lack of trained personnel, labor unrest, and broad rules 
of procedure that give wide latitude to prosecutors and defense 
attorneys to request adjournments (see Section 1.e.). Attorneys and 
family members were permitted access to pretrial detainees.
    On February 11, police in the Lusaka suburb of Chilenje arrested 
five men on suspicion of aggravated robbery. Despite being scheduled 
for March court dates, the detainees had not been brought before a 
magistrate by year's end.
    In May, the Lusaka High Court ruled that the Government was liable 
for holding Crispin Samulula in custody from 1996 to 2001 without 
trial. The Government appealed the decision, and the case was pending 
at year's end.
    On October 13, UPND treasurer general Tiens Kahenya sued the 
Government for damages resulting from his imprisonment from December 
2002 to April 2003.
    During the year, the Government took some steps to reduce the 
length of pretrial detentions. On March 1, the Government opened a 
circuit court at Kamfinsa Prison in Kitwe to expedite the cases of 
detainees. During the year, the Government also began construction on a 
new court complex near Lusaka Central Prison to accelerate the judicial 
process.

    e. Denial of Fair Public Trial.--The Constitution provides for an 
independent judiciary, and the Government generally respected this 
provision in practice; however, the judicial system was hampered by 
inefficiency, corruption, and the lack of resources. The President 
nominates and the National Assembly confirms the Chief Justice and 
other members of the Supreme Court.
    Courts continued to act independently and at times made judgments 
and rulings critical of the Government. For example, on January 5, the 
Lusaka High Court blocked the Government's deportation of journalist 
Roy Clarke (see Section 2.a.). On December 17, the Lusaka High Court 
rejected the Government's decision to deregister SACCORD (see Section 
2.b). On December 24, the Lusaka High Court ruled against the Ministry 
of Information and Broadcasting Services on an issue involving 
appointments to the Independent Broadcasting Authority.
    During the year, the Government continued to investigate and 
prosecute senior officials allegedly involved in corruption during the 
administration of former President Chiluba.
    The Supreme Court has appellate jurisdiction for all legal and 
constitutional disputes. The High Court, which held regular sessions in 
all nine provincial capitals, has authority to hear criminal and civil 
cases and appeals from lower courts. Magistrate courts have original 
jurisdiction in some criminal and civil cases; local, or customary, 
courts handled most civil and petty criminal cases in rural areas.
    Trials in magistrate courts were public, and defendants had the 
opportunity to confront their accusers and present witnesses; however, 
many defendants lacked the resources to retain a lawyer, and the 
limited resources of the Government's legal aid department meant that 
legal aid was unavailable for many citizens. Courts were congested, and 
there were significant delays in trials while the accused remained in 
custody (see Section 1.d.). In many cases, at least 6 months elapsed 
before a magistrate committed the defendant to the High Court for 
trial. Following committal, preparation of the magistrate court record 
for transmittal to the High Court took months, or, in some cases, as 
long as a year. Once a case reached the High Court for trial, court 
proceedings lasted an average of 6 months. Approximately 30 of 72 
magistrate positions were filled by fully qualified attorneys; the rest 
were filled by lay magistrates.
    Local courts employ the principles of customary law, which vary 
widely throughout the country. Lawyers are barred from participating in 
proceedings in such courts, and there are few formal rules of 
procedure. Presiding judges, who usually were prominent local citizens, 
have substantial power to invoke customary law, render judgments 
regarding marriages, divorces, inheritances, and other civil 
proceedings, and rule on minor criminal matters. Judgments often were 
not in accordance with the Penal Code; for example, they tended to 
discriminate against women in matters of inheritance (see Section 5).
    During the year, judiciary workers went on strike to protest 
government changes to income tax rates and salary adjustments for civil 
servants (see Section 6.b.).
    During the year, magistrates frequently did not appear at court as 
scheduled; reports indicated that the no-shows were designed to 
pressure the Government for better conditions of service for 
magistrates (see Section 6.b.).
    There were no reports of political prisoners.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The Constitution prohibits such actions; however, the 
Government frequently did not respect these prohibitions in practice. 
The law requires a search or arrest warrant before police may enter a 
home, except during a state of emergency. Police routinely ignored this 
requirement and often arrested alleged criminals at their homes without 
an arrest warrant.
    The Constitution grants the Drug Enforcement Commission and the 
ZSIS authority to wiretap telephones for probable cause.
    Authorities sometimes detained, interrogated, and physically abused 
family members of criminal suspects to obtain their cooperation in 
identifying or locating suspects. For example, on March 4, local media 
reported that police in Livingstone had arrested the husband, mother-
in-law, and two other relatives of a bank teller who stole money from 
her workplace and fled to South Africa. The Permanent Human Rights 
Commission (PHRC) condemned the detention of the family members and 
demanded their immediate release. The family members were released 
following questioning by the police; however, the suspect remained at 
large at year's end.
    In April, police in Lusaka reportedly arrested the son of a suspect 
wanted in connection with a debt dispute after they were unable to 
locate the suspect. The police subsequently held the son in custody 
until the boy's sister paid the suspect's debt.
    The 2003 lawsuit brought by Joshua Chinyama against the police for 
the detention of his children was still pending at year's end.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The Constitution provides for 
freedom of speech and of the press; however, the Government at times 
restricted these rights in practice. The law includes provisions that 
may be interpreted broadly to restrict these freedoms. Journalists in 
the government-owned media generally practiced self-censorship; 
however, the private print media routinely criticized the Government.
    On January 15, Livingstone police arrested and threatened to 
prosecute Patson Kabayame for insulting President Mwanawasa; Kabayame 
was released after several weeks in custody. Kabayame had criticized 
the President for revoking recognition of Kabayame's older brother as a 
traditional chief.
    A number of privately owned newspapers questioned government 
actions and policies, and these circulated without government 
interference. The government-controlled Times of Zambia and Zambia 
Daily Mail were two of the most widely circulated newspapers.
    In addition to the government-controlled radio station, there were 
several church-related radio stations, 6 private commercial radio 
stations, and 12 community radio stations in the country. A Catholic 
radio network, Radio Yatsani, officially had permission to rebroadcast 
programs from Vatican Radio and news clips from the BBC; however, it 
first had to have excerpts approved by the Ministry of Information, a 
process that effectively eliminated timely rebroadcasts. On January 1, 
the Ministry of Information and Broadcasting Services (MIBS) ordered 
Breeze FM, a commercial radio station in Chipata, to stop relaying BBC 
broadcasts; MIBS claimed that Breeze FM's license permitted local and 
regional broadcasts only.
    The government-owned ZNBC was the principal local-content 
television station, and opposition political parties and civil society 
groups complained that government control of the station and of two 
major newspapers limited their access to mass communication. For 
example, on February 17, ZNBC cancelled without prior notice a program 
in which Leonard Hikaumba, the President of the Zambia Congress of 
Trade Unions (ZCTU), was scheduled to discuss controversial remarks 
made by the Minister of Finance and National Planning concerning a 
government wage freeze; the cancellation followed intervention by the 
Office of the President.
    Several private television stations, including foreign media, 
broadcast locally, although none included local news coverage. 
Multichoice, a telecommunications company based in South Africa, and 
CASAT provided satellite and analog wireless subscribers with 
television services, which included broadcasts of foreign news sources.
    The police harassed and arrested journalists during the year. On 
January 5, the Ministry of Home Affairs informed Post columnist Roy 
Clarke, a foreign national who had lived in the country for more than 
30 years, that he would be deported within 24 hours; Clarke had 
criticized President Mwanawasa in a January 1 Post article (see Section 
2.b.).
    On January 28, police assaulted and arrested Daily Mail 
photojournalist Mackson Wasamunu while he photographed police officers 
confiscating the goods of illegal street vendors; Wasamunu was released 
6 hours later with an apology from the police, who damaged his cameras 
and confiscated his film. Wasamunu filed a complaint against the 
arresting officers; no further information was available at year's end.
    On February 20, police briefly detained Joseph Ngenda and Dennis 
Mwiiya, two Radio Lyambai journalists, for allegedly inciting persons 
to riot after the station broadcast a program that accused a local man 
of being a wizard; angry residents had assaulted the accused wizard and 
burned his home.
    On December 20, police assaulted and detained for 4 hours 
journalists Kangwa Mulenga, Eddie Mwanaleza, Mutuna Chanda, and 
Brighton Phiri, who were reporting on demonstrations against the 
constitutional review and adoption process; Mulenga was injured during 
the assault. The Minister of Information later expressed regret over 
the police abuse.
    During the year, the Government interfered with radio and 
television stations. For example, the Minister of Information and 
Broadcasting Services indicated that she would forward to Parliament 
her own nomination list for board membership of ZNBC and the 
Independent Broadcasting Authority, modifying the list submitted by the 
nominations panel, which has statutory authority to nominate such 
candidates. Six local media organizations subsequently petitioned the 
High Court to nullify any nominations that had not originated with the 
nominations panel. On December 25, the Lusaka High Court ruled in favor 
of the media bodies and ordered the Minister to forward the list 
provided by the nominations panel.
    During the year, the assets of the private television station 
Omega, which police raided and closed in November 2003, were 
liquidated; the station remained closed during the year.
    The Government exercised considerable influence over the 
government-owned media, including reviewing articles prior to 
publication and censuring individuals responsible for published 
articles or programs deemed offensive by the Government. As a result, 
journalists in the government-owned media generally practiced self-
censorship, and the government-owned media continued to be supportive 
of the Government.
    In response to headlines and stories alleging official corruption, 
those accused and others brought numerous libel suits against the 
media. For example, on January 7, Deputy Minister of Mines Stephen 
Mukuka sued the Zambian Daily Mail newspaper and the Times Printpak 
newspaper for libel in response to June 2003 articles that accused 
Mukuka of using his ministerial position to acquire illegally a house 
from Zambia Consolidated Copper Mines, a former mining parastatal; the 
outcome of the case was unknown at year's end.
    On May 24, Deputy Minister of Commerce Geoffrey Samukonga sued the 
Zambia Daily Mail and Patson Phiri, one of the newspaper's reporters, 
for libel in response to May 21 and 23 articles that accused Samukonga 
and his nephews of stealing donated rice intended for Chawama 
residents; the outcome of the case was unknown at year's end.
    On September 15, a Lusaka High Court judge ordered the National 
Mirror newspaper to pay $312,500 (1.5 billion kwacha) in libel damages 
to lawyers Mutembo Nchito and Nchima Nchito; the Mirror implied in its 
August 14-20 edition that the Nchito brothers had misappropriated a 
client's money. It was unknown at year's end if the National Mirror had 
appealed the judgment.
    The 2003 libel suit filed by the Permament Secretary of the 
Ministry of Home Affairs against the Monitor newspaper remained pending 
at year's end.
    During the year, there were numerous defamation suits filed by 
political leaders. At the March funeral of former Patriotic Front 
Member of Parliament (M.P.) Alex Manda, PF president Michael Sata 
accused the MMD, the Government, and State House Deputy Minister Webby 
Chipili of having murdered Manda. In response, Home Affairs Minister 
Ronnie Shikapwasha threatened to arrest Sata. On April 8, Sata referred 
to Chipili as a ``serial killer.'' On August 10, the Ndola local court 
ordered Sata to pay Chipili approximately $500 (2.5 million kwacha) in 
damages. Sata appealed, and the case was pending at year's end.
    In a separate case, the Lusaka High Court on July 27 ordered 
Michael Sata and the Post newspaper to each pay approximately $4,000 
(20 million kwacha) to Finance and National Planning Deputy Minister 
Mbita Chitala; Sata in a 2002 Post article had accused Chitala of 
falsely implicating Zambia Alliance for Progress president Dean 
Mung'omba and Sesheke M.P. Princess Nakatindi Wina in the 1997 
attempted coup. Sata's appeal was pending at year's end.
    On September 23, the Lusaka High Court found Sport, Youth, and 
Child Development Deputy Minister George Chulumanda liable for damages 
for August 8 statements that criticized Sata; Chulumanda's appeal was 
pending at year's end.
    The law provides that investigative tribunals can call as witnesses 
journalists and media managers who print allegations of parliamentary 
misconduct. Failure to cooperate with a tribunal can result in charges 
of contempt punishable by up to 6 months in jail. The media criticized 
these provisions as clear infringements of freedom of the press and as 
a means for parliamentarians to bypass the court system.
    The Government did not restrict access to the Internet.
    The Government did not restrict academic freedom. Although the law 
gives the University Council a mandate to address faculty concerns, the 
Minister of Education was empowered to appoint the members of the 
Council; some academics criticized this provision as an infringement of 
academic freedom.

    b. Freedom of Peaceful Assembly and Association.--The Constitution 
provides for freedom of assembly; however, the Government interfered 
with this right in practice.
    During the year, government officials, opposition leaders, and NGOs 
continued to criticize the Public Order Act (POA), which requires rally 
organizers to notify police 7 days in advance of a rally, and which 
police often used to deny rally permits.
    On January 10, police revoked the rally permit of B.Y. Mwila, the 
former president of the Zambia Republican Party (ZRP); the revocation 
reportedly was made at the behest of Sylvia Masebo, ZRP Secretary 
General and Minister of Housing and Local Government. Mwila, who had 
been expelled from the ZRP in 2003 after he allegedly confiscated voter 
registration materials, had refused to recognize the expulsion.
    On May 18, police briefly detained PF president Michael Sata for 
marching without a permit; supporters had spontaneously followed Sata 
as he left the Ndola local court, where he was the defendant in a 
defamation suit brought by Copperbelt Deputy Minister Webby Chipili 
(see Section 2.a.). Police released Sata after he apologized for the 
incident.
    On July 16, police refused to issue a permit for a demonstration 
organized by the Citizens Forum to protest the gratuities paid to 
M.P.s; police cited security concerns as the reason for the refusal. 
The Citizens Forum appealed the decision to the Minister of Home 
Affairs, who declined to overturn the decision.
    On December 20, police briefly detained and released on bond 11 
UPND M.P.s, 4 journalists, and 53 other persons demonstrating against 
the Government's method and timing of adopting a new constitution; 
police charged that the organizers had failed to adhere to POA 
notification requirements. A preliminary court hearing was scheduled 
for January 2005.
    During the year, police forcibly dispersed demonstrations, which 
resulted in one death. On September 27, police in Sesheke shot and 
killed a high school student during a demonstration that became violent 
when students stoned the police station and cut its telephone lines; 
the demonstrators were protesting the slapping of a student the 
previous week by a police officer. Police promised to investigate the 
shooting, which occurred when a student tried to release prisoners 
being held in the police station; the results of the investigation had 
not been released by year's end.
    On occasion, police failed to intervene during violent 
demonstrations. On January 26, armed police stood by and watched as 200 
MMD members assaulted supporters of journalist Roy Clarke; the 
supporters had gathered outside of the Lusaka High Court for Clarke's 
deportation hearing (see Section 2.a.). The Government reportedly had 
ordered the police not to interfere, a charge denied by the Police IG.
    No investigation was conducted into the March 2003 killing by 
police of a student demonstrator.
    The Constitution provides for freedom of association; however, the 
Government placed some limits on this right in practice. All 
organizations must formally apply for registration to the Registrar of 
Societies. In most cases, authorities routinely approved these 
applications; however, during the year, the Government deregistered an 
NGO and threatened to ban an organization and to arrest its members.
    On July 5, Home Affairs Minister Ronnie Shikapwasha attempted to 
ban the Oasis Forum (a civil society umbrella organization that 
frequently criticized the Government) for failing to register with the 
Registrar of Societies; Shikapwasha threatened to arrest Forum members 
who continued to use the organization's name. The Government charged 
that while the Forum's individual member organizations were properly 
registered, the Oasis Forum itself was not registered; the Forum 
countered that such a general registration was unnecessary due to the 
Forum's informal structure and the registration of its individual 
participants. On September 12, Minister of Justice George Kunda 
announced that the Forum's disagreement with the Government's 
constitutional review process and mode of adoption of a new 
constitution was a usurpation of executive power and could be punished 
as treason; however, the Government later rescinded its decision to ban 
the organization, which continued to operate ``unregistered.''
    In November, Shikapwasha ordered the immediate deregistration of 
the Southern African Center for Constructive Resolution of Disputes 
(SACCORD), alleging that the NGO had conducted ``activities which are 
inimical and a danger to state security.'' When SACCORD requested the 
specific grounds for deregistration, Shikapwasha said the action was 
final and that he was not legally obliged to give SACCORD an 
explanation. On December 17, the Lusaka High Court overturned 
Shikapwasha's decision, and on December 24, the Government announced 
that it would appeal the decision to the Supreme Court; however, there 
were no further court actions by year's end.

    c. Freedom of Religion.--The Constitution provides for freedom of 
religion, and the Government generally respected this right in 
practice. Although the Constitution declared the country a Christian 
nation, the Government in practice generally respected the right of all 
faiths to worship freely.
    The Government required the registration of religious groups, and 
the Government approved all applications for registration from 
religious groups without discrimination.
    On March 15, police charged Boyd Kanyanta and Iqbal Patel, the 
former operators of an Islamic school in Lusaka, with attempted bribery 
of a police officer; in 2003, the school was closed, and both men were 
arrested on child abuse charges due to the school's harsh conditions. 
The child abuse charges were subsequently withdrawn. Kanyata and Patel 
had offered officer Tresford Kasale approximately $1,000 (5 million 
kwacha) to destroy pending deportation orders against them and to 
recommend that the school be reopened; the policeman who refused the 
bribe was promoted. On December 13, a Lusaka magistrate acquitted the 
two men of bribery, resulting in the clearance of all charges against 
them.
    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, at times the Government limited them in practice. 
Police continued to man numerous roadblocks around the country to 
control criminal activity, enforce customs and immigration regulations, 
check drivers licenses, and inspect vehicles for safety compliance. 
Police at times extorted money and goods from motorists at these 
roadblocks. On April 15, Home Affairs Permanent Secretary Peter Mumba 
urged the public not to pay bribes or traffic fines at roadblocks.
    The law prohibits forced exile, and the Government did not use it.
    The law does not provide for the granting of refugee status or 
asylum in accordance with the 1951 U.N. Convention Relating to the 
Status of Refugees and its 1967 Protocol; however, 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 cooperated with 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 U.N. Convention Related to the Status of Refugees/1967 
Protocol.
    The UNHCR estimated that there were approximately 194,000 refugees 
in the country at year's end, most of whom were Angolans and Congolese; 
104,000 of the refugees were in formal camps.
    In March and early April, more than 2,000 Rwandan and Congolese 
refugees fled Mai Mai rebel violence in the DRC and entered Luapula and 
Northwestern Provinces. On April 4, Home Affairs Deputy Minister 
Kennedy Sakeni pledged that the Government would deport the refugees in 
Luapula Province, who had quickly integrated into the local community; 
however, no refugees had been deported by year's end. On October 16 and 
17, 3,000 Congolese fled into the country when rebels captured the town 
of Kilwa in the DRC; most of the refugees, who had refused resettlement 
in refugee camps, returned home a week later after DRC troops 
recaptured the town.
    Voluntary repatriation of Angolan refugees continued during the 
year, and more than 27,000, primarily from the Meheba, Nangweshi, and 
Mayukwayukwa camps, were repatriated by year's end. On May 17, UNHCR 
and government officials announced that only 107 Rwandan refugees out 
of a total of 5,000 had agreed to voluntary repatriation.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The Constitution provides citizens with the right to change their 
government, and citizens exercised this right in practice through 
periodic elections held on the basis of universal suffrage. Under the 
Constitution, the President exercises broad authority. The National 
Assembly ratifies major appointments and theoretically has broad 
powers.
    In 2001, 11 political parties contested the presidential elections. 
Levy Mwanawasa, the MMD presidential candidate, was elected with 29 
percent of the vote; runner-up Anderson Mazoka, the UPND candidate, won 
27 percent of the vote. The remaining 44 percent of the vote was 
divided among the other nine opposition candidates. The MMD won 69 out 
of 150 elected parliamentary seats, leaving it slightly short of a 
majority; the remaining 81 elected seats were divided among several 
opposition parties and 1 independent member. Although noting general 
transparency during the voting, domestic and international observer 
groups cited irregularities in the registration process and problems in 
the tabulation of the election results. The MMD's use of government 
resources during campaigns, including the government-owned media, 
called into question the fairness of the elections. Opposition parties 
further alleged that significant vote rigging took place during the 
elections.
    Anderson Mazoka, the UPND runner-up in the 2001 presidential 
election, Christon Tembo of the Forum for Democracy and Development, 
and Godfrey Miyanda of the Heritage Party challenged the election 
results; on October 8, the Supreme Court heard final testimony in the 
case, which remained pending at year's end.
    There were numerous irregularities in the by-elections held since 
2001. Former ZRP president B. Y. Mwila was arrested in connection with 
the confiscation of voter registration materials, UPND elections 
committee member Andrew Banda was arrested on charges of obstructing 
the chief registrar, and UPND M.P. Crispin Sibetta was arrested for 
``conduct likely to cause a breach of peace''; all three were released 
on bond. The charges against Mwila and Sibetta were subsequently 
dropped, and Banda was acquitted by a magistrate's court. UPND and 
Zambian Republican Party (ZRP) activists also seized voter registration 
cards and equipment to stop what they contended was illegal voter 
registration for the July 2003 by elections in Nangoma and 
Mwansabombwe.
    In its report on the period prior to the May 26 by-elections in 
Kantanshi constituency, the Foundation for Democratic Process expressed 
concern about the MMD's use of government resources in electioneering, 
vote buying, and intimidation. The MMD distributed mosquito nets, bags 
of rice, corn meal, and traditional beer to local residents. On May 21, 
press reports suggested that the Ministry of Lands accelerated the 
handover of former state-owned houses to their new tenants in Mufilira 
in hopes of winning support for the MMD in the Kantanshi by-election.
    During the year, rival party activists occasionally clashed. On 
July 28, police in Kitwe briefly detained Copperbelt PF secretary Davis 
Mwila for assaulting MMD security guard Jason Mwngani; PF activists 
also assaulted Ndola District Commissioner Victor Konie during the 
incident. The case was pending at year's end.
    During the year, the Government continued to investigate and 
prosecute senior officials allegedly involved in corruption during the 
administration of former president Chiluba (see Section 1.e.). The 
Government also filed corruption charges against several officials of 
the current administration and former military commanders, including: 
Lieutenant Generals Wilford Funjika, Sande Kayumba, and Geojago 
Musengule, who were charged in separate cases of procurement fraud; and 
Samuel Musonda, the former managing director of a state-owned bank, who 
was accused of abuse of office. Their trials were ongoing in civilian 
courts at year's end.
    The Government worked with NGOs and the international community to 
eliminate the causes of corruption: Parliamentary oversight of the 
executive branch operations was strengthened; the Auditor General, 
which published a candid report on corruption during the year, acquired 
greater independence; and the Anti-Corruption Commission increased its 
prosecution and public educational activities.
    Despite these efforts, there remained a widespread public 
perception that corruption was pervasive in almost all government 
institutions. Controls over government funds and property were often 
weak, investigative units often lacked authority and personnel, and 
officials dealing with the public frequently demanded illicit payments 
with impunity.
    The law does not provide for public access to government 
information; however, in practice, the Government provided information 
to media and interested parties on an ad hoc basis. With the exception 
of information related to the Zambian Defense and Security Forces, the 
Government was generally forthcoming with information.
    Constitutional amendments barring citizens of partial or full 
foreign ancestry from the presidency violated the prohibition on 
discrimination based on place of origin. These amendments also prohibit 
traditional chiefs, who were accorded authority and privileges as 
chiefs, from running for political office unless they resigned their 
chieftainships.
    During the year, the Constitutional Review Commission (CRC) 
concluded its campaign to solicit public views concerning the 
formulation of a new constitution; however, the results were not 
released by year's end. Members of civil society and the political 
opposition criticized the CRC and demanded that its recommendations be 
transmitted directly to a constituent assembly rather than to the 
President.
    There were 19 women in the 158-seat Parliament (150 members were 
elected, while 8 others were appointed by the President); 2 elected 
ethnic Asians also held seats.
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 cooperated with such groups; however, during the year, the 
Government attempted to deregister the Oasis Forum and SACCORD (see 
Section 2.b.).
    Some domestic human rights organizations, including the Law 
Association of Zambia, Women for Change, the Catholic Commission for 
Justice and Peace, the Southern African Commission for Conflict 
Resolution and Disputes, and the Zambia Civic Education Association, 
continued to press for a more transparent democratic electoral system. 
Human rights, development, and election NGOs monitored by elections 
during the year and organized civic education activities to improve 
voter participation and information.
    On April 2, Parliament approved the appointment of a new set of 
commissioners on the PHRC; the positions had been vacant since May 
2003. On July 16, the PHRC opened a permanent regional office in Ndola. 
The Commission oversaw human rights committees in all provincial 
capitals, interceded on behalf of persons whose rights it believed were 
denied by the Government, and spoke on behalf of detainees and 
prisoners. Independent human rights groups complained that the PHRC was 
understaffed, underfinanced, and lacked sufficient authority to enforce 
its recommendations.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The Constitution prohibits discrimination based on race, tribe, 
sex, place of origin, marital status, political opinion, color, or 
creed; however, discrimination against women and persons with 
disabilities remained a problem.

    Women.--Domestic violence against women was a serious problem, and 
wife beating and rape were widespread. Domestic assault is a criminal 
offense. The police Victim Support Unit (VSU) was responsible for 
handling problems of domestic assault, wife beating, mistreatment of 
widows by the deceased husband's relatives, and ``property grabbing''; 
however, in practice, the police often were reluctant to pursue reports 
of domestic violence and preferred to encourage reconciliation. On 
January 28, the IG of Police, Zunga Siakalima, announced the formation 
of a sexual crimes unit to respond to the growing number of sexual 
assault cases. The Government and NGOs expressed continued concern 
about violence against women.
    The law prohibits rape, and courts generally sentenced rapists to 
hard labor; there were 642 cases of rape in 2003.
    Prostitution is illegal, and police routinely arrested street 
prostitutes for loitering; however, there were no reliable statistics 
on the number of prostitutes in the country.
    Trafficking in women was a problem (see Section 5, Trafficking).
    Both the Constitution and the law entitle women to equality with 
men in most areas; however, in practice, women were severely 
disadvantaged in formal employment and education. Married women who 
were employed often suffered from discriminatory conditions of service. 
Sexual harassment in the workplace was common. Women had little 
independent access to credit facilities; in most cases, they remained 
dependent on their husbands, who were required to co-sign for loans. As 
a result, few women owned their own homes. Some small financial 
institutions allowed women to sign independently for loans.
    Customary law and practice also place women in a subordinate status 
with respect to property, inheritance, and marriage, despite 
constitutional and legal protections. Polygyny is permitted if the 
first wife agrees to it at the time of her wedding. Under the law, the 
children of a deceased man equally share 50 percent of an estate; the 
widow receives 20 percent; the man's parents receive 20 percent; and 
other relatives receive 10 percent. The widow's share must be divided 
equally with any other women who can prove a marital relationship with 
the deceased man, thus granting inheritance rights to other wives, 
mistresses, and concubines. However, under the traditional customs 
prevalent in most ethnic groups, all rights to inherit property rested 
with the deceased man's family. In practice, property grabbing by the 
relatives of the deceased man remained widespread, although increased 
training of local court officials may have resulted in a slight 
decrease in the practice. Many widows were ignorant of the law, and as 
a result, received little or nothing from the estate. The fines that 
the law mandates for property grabbing were extremely low. The police, 
through its VSU, treated instances of property grabbing as criminal 
offenses.
    During the year, representatives of civil society campaigned 
against the common traditional practice of ``sexual cleansing,'' under 
which a widow had sex with her late husband's relatives as part of a 
cleansing ritual. On May 1, Chief Kaputa of Northern Province joined 
other traditional leaders in banning the practice in his chiefdom.
    On June 15, the Government hosted a UNICEF-sponsored International 
Symposium on Sexual and Gender-Based Violence Against Women and 
Children on forced marriage, sexual cleansing, and gender violence.
    NGOs that predominantly represented women's interests were 
particularly active as lobbying organizations. The NGO Coordinating 
Committee, an umbrella organization for women's NGOs, was influential 
in the Oasis Forum, which continued to conduct civic education programs 
on the issue of constitutional reform.

    Children.--The Government sought to improve the welfare of 
children, but scarce resources and ineffective implementation of social 
programs continued to adversely affect the welfare of children. The 
Ministry of Sport, Youth, and Child Development; the Ministry of 
Education; the Ministry of Labor; and the Ministry of Community 
Development and Social Services had responsibility for improving child 
welfare. During the year, the Government began implementation of a 
strategy to provide shelter and protection to street children, 
including prostitutes.
    Government policy provided for free basic education for the first 9 
years of elementary school; however, education was not compulsory, and 
many children did not attend school. The Government has eliminated 
school fees and mandatory uniforms for primary education students to 
increase school attendance by children of impoverished families, which 
has reversed the decline in primary school attendance. The net 
enrollment ratio for children of primary school age increased from 66 
percent in 1999 to 72 percent by year's end. Inadequate educational 
facilities and a scarcity of educational materials were problems. Some 
areas have established community schools; however, these schools had 
fewer resources than public schools and required contributions from 
parents. The number of girls and boys in primary school was 
approximately equal; however, fewer girls attended secondary school. 
The Government continued its collaboration with UNICEF on the Program 
for the Advancement of Girls' Education to work with families and 
community leaders to keep girls in school and to bring back those that 
have left.
    On August 17, the local court in Mufumbwe district fined the 
parents of 20 girls who had been removed from school $6 (30,000 kwacha) 
each; the girls, aged 13 to 16, were forced into marriages after 
becoming pregnant. The court also fined the 20 boys responsible for the 
pregnancies $6 (30,000 kwacha) each for interfering in the girls' 
education. The court subsequently called on the VSU and the office of 
the District Commissioner to educate the public about gender-based 
violence and child abuse.
    There were approximately 1 million children under the age of 15 in 
the country who were orphaned, primarily as a result of HIV/AIDS. These 
children faced greater risks of child abuse, sexual abuse, and child 
labor. Approximately 75 percent of all households were caring for at 
least one orphan, and approximately 7 percent of households were headed 
by children due to the death of both parents. The Government instituted 
programs to increase public awareness of HIV/AIDS.
    Child abuse was a problem. Approximately 1,500 cases of child 
sexual abuse were reported annually, according to police statistics. 
During the first 3 months of the year, the VSU reported a 24-percent 
increase in child sexual abuse over the preceding year.
    On February 15, Thomson Seke, who was ill, died in jail while 
awaiting trial for the 2003 assault and murder of his stepsister; the 
stepsister had died of a sexually transmitted disease.
    The results of the police investigation of witness tampering in the 
2003 child sexual assault case involving Chief Mpezeni had not been 
released by year's end
    There are laws that criminalize child prostitution; however, child 
prostitution was widespread, and the law was not enforced effectively. 
The presence of an estimated 30,000 street children in Lusaka 
contributed to the proliferation of street begging and prostitution. 
The laws against pornography and the sexual exploitation of children 
under the age of 21 were sporadically enforced.
    Trafficking for sexual exploitation occurred (see Section 5, 
Trafficking).
    Child labor was a problem (see Section 6.d.).

    Trafficking in Persons.--The law prohibits the trafficking of 
children under the age of 18, as well as trafficking in women for 
immoral activities; however, there were reports that persons were 
trafficked to, from, and within the country. During the year, the 
Parliament passed comprehensive child labor legislation (see Section 
6.d.).
    Persons convicted of trafficking were subject to a fine of between 
$40 (200,000 kwacha) to $200 (1 million kwacha), imprisonment of 5 to 
25 years, or both. Convictions of abduction, assault, or seeking to 
have sex with a minor carried penalties up to life imprisonment with 
hard labor.
    In February, the Immigration Department arrested a citizen of Kenya 
who had smuggled 27 east African nationals through the country and on 
to South Africa for purposes of trafficking, according to media 
reports.
    On July 26, Mwana Mutale offered to sell two children to a local 
businessman. Mutale was charged with a felony, and the case remained 
pending at year's end.
    During the year, Congolese nationals Bangu Kasenge and Delphine 
Bakuna Chibwabwa were tried for trafficking two girls, age 13 and 14, 
to Ireland in 2002; Chibwabwa subsequently had married the 13-year-old. 
The case was pending at year's end.
    Women from the country were trafficked to South Africa for 
prostitution, and the country was used as a transit point for regional 
trafficking of women for prostitution to South Africa. During the year, 
there were reliable reports that women were trafficked to the country 
for commercial sex work.
    On September 13, Home Affairs Permanent Secretary Peter Mumba 
announced that the Government had formed a human trafficking committee 
designed to focus attention, strategies, and resources to combat the 
practice; however, no actions had been taken by year's end.

    Persons With Disabilities.--Persons with disabilities faced 
significant societal discrimination in employment and education. The 
Government took steps to ameliorate their hardships, including 
establishing a national trust fund to provide loans to persons with 
disabilities to help them start businesses, but its efforts were 
limited by scarce resources. The Government did not legislate or 
otherwise mandate accessibility to public buildings and services for 
persons with disabilities.
    Other Societal Abuses and Discrimination.--The law prohibits 
``carnal knowledge of any person against the order of nature''; 
however, it does not specifically outlaw homosexuality.
    The Government actively discouraged societal discrimination against 
those living with HIV/AIDS; however, there was strong societal 
discrimination against such individuals, and more than 60 percent of 
the population believed that persons infected with HIV/AIDS should not 
be allowed to work.
    On October 15, President Mwanawasa called on all citizens to get 
tested for HIV and cited early testing as the key to curbing AIDS-
related deaths and the increase of orphans in the country.
Section 6. Worker Rights
    a. The Right of Association.--The Constitution recognizes the right 
of workers to form and belong to trade unions, and workers exercised 
these rights in practice.
    Only 11 percent of the eligible workforce was employed in the 
formal sector; approximately 60 percent of the formal sector was 
unionized. On April 23, Home Affairs Minister Ronnie Shikapwasha 
announced that police officers would not be allowed to join a trade 
union; however, no action was taken to enforce the ruling.
    The Industrial and Labor Relations Act (IRA) establishes the 
procedures for registration, which were somewhat burdensome. For 
example, no organization can be registered unless it had at least 100 
members, and with some exceptions, no trade union may be registered if 
it claimed to represent a class or classes of employees already 
represented by an existing trade union or eligible for membership in an 
existing trade union. Unions may be deregistered under certain 
circumstances; however, the IRA provides for notice, reconsideration, 
and right of appeal to an Industrial Relations Court.
    Unlike in the previous year, the Government did not deregister 
unions. The United Transport and Taxis Association, Bus Driver and 
Motor Taxis Association, and Passengers Transport Association, all of 
which were deregistered in 2003 for allegedly promoting anarchy, 
remained deregistered.
    The law prohibits discrimination by employers against union members 
and organizers; however, the law was not always enforced.

    b. The Right to Organize and Bargain Collectively.--The right to 
collective bargaining, without government interference, is protected in 
law and freely practiced. Employers and unions in each industry 
negotiated collective bargaining agreements through joint councils in 
which there was no government involvement. Civil servants and teachers, 
as public officials, negotiated directly with the Government. There are 
no export processing zones.
    All workers have the legal right to strike, except those engaged in 
essential services; however, there has not been a legal strike since 
1993. In addition to the Zambia Defense Force, the judiciary, the 
police, the prison service, and the Security Intelligence Service, the 
law defines as essential services any activity relating to the 
generation, supply, or distribution of electricity; to the supply and 
distribution of water; to sewerage; to fire departments; and to the 
maintenance of safe and sound conditions in underground working 
environments such as shafts and machinery in the mining sector. The law 
permits strikes only after all other legal recourse has been exhausted. 
Those procedures were very cumbersome. The law prohibits employers from 
retribution against employees engaged in legal union activities. 
Workers engaged in illegal strikes did not enjoy this protection.
    The Government has responded to striking civil servants with 
threats of mass firing and arrests, and revocation of rally permits. 
Such threats were seldom carried out; however, on February 16, then-
Vice President Nevers Mumba warned labor that participants in a planned 
February 18 strike to protest government tax and wage reforms would be 
breaking the law. The state telecommunications firm subsequently 
suspended 20 employees for attending a pre-strike meeting, and the 
government-owned Zambia National Commercial Bank suspended 9 workers 
who observed the strike; all employees were reinstated by year's end.
    During the year, the Government paid many civil servants a portion 
of their outstanding housing allowances; labor leaders continued to 
press the Government for full and rapid payment.

    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 law authorizes the 
Government to call upon citizens to perform labor in specific 
instances, such as during national emergencies or disasters. The 
Government also may require citizens to perform labor that was 
associated with traditional civil or communal obligations, as when all 
members of a village were called upon to assist in preparing for a 
visit by a traditional leader or other dignitary; however, there were 
no reports of such activities during the year.

    d. Prohibition of Child Labor and Minimum Age for Employment.--The 
legal minimum age for employment of children is 16 years, and the Labor 
Commissioner effectively enforced this law in the industrial sector, 
where there was little demand for child labor; however, child labor was 
a problem in subsistence agriculture, domestic service, and informal 
sectors, where children under the age of 16 often were employed and the 
law was not enforced.
    Child labor was most concentrated in the hotel and catering 
industries, construction, farming, transportation, prostitution, and 
household work. Acute family poverty levels and economic factors 
contributed to child labor, and the problem was compounded by the HIV/
AIDS epidemic, which produced a growing number of orphans. During the 
year, the President signed into law comprehensive child labor 
legislation that prohibits all forms of slavery and procuring or 
offering a child for illicit activities, including prostitution.
    Approximately 600,000 children were in the work force. While 
approximately 87 percent of working children worked in the agricultural 
sector, children continued migrating to urban areas and living as 
street children due to growing numbers of orphans resulting from the 
death of both parents due to HIV/AIDS. In urban areas, children 
commonly engaged in street vending.
    During the year, the Government increased its budget to combat 
child labor from $12,000 (60 million kwacha) to $115,000 (577 million 
kwacha). The Government also initiated a child labor awareness campaign 
that included workshops for M.P.s, provincial departmental leaders, 
teachers, and trade union officials; radio programs to spearhead the 
campaign; and drama groups to sensitize local communities.
    As of September 2003, 4,060 children were prevented from entering 
the labor market, and 4,487 children were withdrawn from hazardous work 
and provided with education, training, and other services by direct 
action programs carried out by NGOs under the National Program on the 
Elimination of Child Labor. The National Steering Committee of the 
National Country Program on Child Labor coordinated efforts at 
addressing the root causes of child labor.

    e. Acceptable Conditions of Work.--The minimum wage for 
nongovernment workers, whose wages and conditions of employment were 
not regulated through collective bargaining, was determined by category 
of employment. Based on a 48-hour workweek, the legal maximum for 
nonunionized workers, a general worker earning the minimum wage would 
receive $15.36 (76,800 kwacha) per month. The minimum wage did not 
provide a worker and family with a decent standard of living; most 
minimum wage earners supplemented their incomes through second jobs, 
subsistence farming, or reliance on the extended family.
    With respect to unionized workers, wage scales and maximum workweek 
limits were established through collective bargaining. In practice, 
almost all unionized workers received salaries considerably higher than 
the nonunionized minimum wage. The minimum workweek for full-time 
employment was 40 hours, which was the normal workweek. The law 
requires 2 days of annual leave per month of service. The Government 
effectively enforced these standards.
    The law also regulates minimum health standards in industry, and 
city and district councils were responsible for enforcement. The 
Inspector of Factories under the Minister of Labor handled factory 
safety; however, staffing shortages limited enforcement effectiveness. 
The law protects the right of workers to remove themselves from work 
situations that endangered health or safety without jeopardy to their 
continued employment; however, workers did not exercise this right in 
practice. The Government has acted when well-known occupational health 
problems existed, such as by requiring underground mine workers to 
receive annual medical examinations.

                               __________

                                ZIMBABWE

    Zimbabwe is a republic in which President Robert Mugabe and his 
Zimbabwe African National Union Patriotic Front (ZANU PF) have 
dominated the executive and legislative branches of the Government 
since independence in 1980. President Mugabe was reelected in March 
2002 in elections that were deemed not free and fair, and which were 
preceded and followed by a government sanctioned campaign of violence. 
Although the Constitution allows for multiple parties, opposition 
parties and their supporters were subjected to significant intimidation 
and violence by the ruling party and security forces. The Movement for 
Democratic Change (MDC) was the country's only viable opposition party; 
it held 50 out of 120 elected parliamentary seats at year's end. During 
local and parliamentary by elections held during the year, there were 
reports of violence in the pre election periods and other 
irregularities, and the election processes overall had serious flaws. 
Corruption among government officials was widespread. The Constitution 
provides for an independent judiciary; however, the Government 
installed judges sympathetic to government policies, sanctioned 
intimidation against sitting judges, and ignored judgments with which 
it did not agree.
    The Zimbabwe Republic Police (ZRP) is responsible for maintaining 
law and order. Although the ZRP officially is under the authority of 
the Ministry of Home Affairs, in practice some roles and missions were 
controlled by the President's Office. The Zimbabwe National Army and 
Air Force under the Defense Ministry are responsible for external 
security; however, there were cases in which they were called upon for 
domestic operations. The Central Intelligence Organization (CIO), under 
the Minister of State for National Security in the President's Office, 
is responsible for internal and external security and has powers of 
arrest. While supposedly a youth service training program, some 
graduates of the National Youth Service were used for security related 
activities. Senior government and ruling party members tightly 
controlled the security forces and directed activities of security-
related elements of National Youth Service graduates (youth militias). 
Members of the security forces and youth militias committed numerous, 
serious human rights abuses.
    An estimated 60 percent of the population of approximately 12 
million worked in agriculture. Political paralysis, a drought, 
corruption, a high prevalence of HIV/AIDS, excessive government 
spending, manipulation of interest rates, money supply growth in excess 
of 300 percent, and government sanctioned land occupations led to 
economic decline characterized by inflation, diminished agricultural 
harvests, reduced foreign investment and tourism, acute foreign 
exchange shortages, disruptions in the fuel and food supply, 
accelerating unemployment, and shrinking real incomes. During the year, 
the country's gross domestic product dropped 5 percent. Wages 
continually lagged behind inflation, which fluctuated during the year 
but was 150 percent at year's end. According to authoritative 
estimates, approximately 80 percent of the population lived below the 
poverty line.
    The Government's human rights record remained very poor, and it 
continued to commit numerous, serious abuses. President Mugabe and his 
ZANU PF party used intimidation and violence to maintain political 
power. A systematic, government sanctioned campaign of violence 
targeting supporters and perceived supporters of the opposition 
continued during the year. Security forces committed at least one 
extrajudicial killing. Ruling party supporters, with material support 
from the Government, continued their occupation of commercial farms, 
and in some cases killed, abducted, tortured, intimidated, raped, or 
threatened farm occupants. Security forces, government-sanctioned youth 
militias, and ruling party supporters tortured, raped, and otherwise 
abused persons perceived to be associated with the opposition; some 
persons died from their injuries. Prison conditions remained harsh and 
life threatening. Official impunity for ruling party supporters who 
committed abuses was a problem. Arbitrary arrest and detention remained 
problems, and lengthy pretrial detention emerged as a problem. 
Infringements on citizens' privacy continued. The Government continued 
its far reaching ``fast track'' resettlement program under which most 
large scale commercial farms were designated for seizure without fair 
compensation.
    The Government continued to restrict freedom of speech and of the 
press, academic freedom, freedom of assembly, and the right of 
association for political organizations. The Government at times 
restricted freedom of movement. Thousands of farm workers continued to 
be displaced internally due to the ongoing land resettlement policies, 
and the Government prevented international organizations and local 
nongovernmental organizations (NGOs) from assisting them on some 
occasions. Opposition supporters were displaced by threats of violence. 
During the first half of the year, there were reports that the 
Government's Grain Marketing Board (GMB) routinely and publicly denied 
handouts of maize meal to suspected MDC supporters; there were no such 
reports during the second half of the year. The Government attacked and 
arrested members of civil society and human rights NGOs and accused the 
NGOs of sponsoring opposition political activity. Societal violence 
against women remained widespread, and discrimination against women and 
persons with disabilities, abuse of children, and child prostitution 
remained problems. There were occasional reports of trafficking in 
persons. The President and his Government promoted widespread 
resentment against the white minority. The Government violated worker 
rights. 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 reports 
of three political killings, one by a government official, one by a 
military official, and one by a ruling party supporter. All of those 
killed in political violence were MDC activists or supporters. Army and 
police units participated in or provided logistical support to 
perpetrators of political violence and generally permitted their 
activities.
    On January 4, ZANU-PF supporters beat to death Alexander Chigega 
while he was at home in Madziva. Approximately 30 ZANU-PF youths went 
around the village assaulting all known MDC supporters. His wife and 
children were also beaten while trying to protect him. Chigega died on 
the way to the hospital, and his wife and son were later admitted at 
Bindura Hospital after sustaining severe injuries in this assault. 
Chigega's wife reported that she identified several of the assailants, 
all from their village. No official action was taken by year's end.
    On February 8, four war veterans and a soldier were ransacking the 
farm manager's home at a farm owned by MDC Member of Parliament (M.P.) 
Roy Bennett, when they were confronted by a large group of Bennett's 
farmworkers. According to witnesses, the intruders then retreated and 
fired several shots, and one of the shots hit Shemi Chimbarara, a 
farmworker, killing him instantly. A member of the Zimbabwe National 
Army was arrested and charged with murder. There were no further 
developments in the case by year's end.
    On March 28, ZANU-PF supporters in three trucks arrived at the home 
of MDC candidate James Makore and threw stones at the MDC activists 
guarding Makore's premises. The MDC activists retaliated by throwing 
stones back at the ZANU-PF supporters. According to witnesses, Minister 
without Portfolio Elliott Manyika stood in the back of one of the 
trucks and shot MDC supporter Francis Chinozvina in the chest. Manyika 
also shot Arthur Gunzvenzve, another MDC supporter, in the leg. 
Chinozvina died at the scene and Gunzvenzve was taken to a hospital 
where he was treated and released. Police investigated, but no one was 
prosecuted by year's end. Chinozvina's parents filed a civil suit for 
wrongful death against Manyika, which was still pending at year's end.
    According to reports from multiple organizations, including Amnesty 
International (AI), as many as 10 persons died in September after riot 
police tear gassed their homes during an eviction of farmers (see 
Section 1.f.).
    A High Court acquitted eight MDC members, including MDC M.P. and 
Treasurer Fletcher Dulini Ncube, accused in the 2001 killing of 
Bulawayo War Veterans Chairman, Cain Nkala. Several trial witnesses 
alleged in court that the police used torture to extract confessions 
and desired testimony. Two of the six fled the country 1-month after 
giving an interview to a South African newspaper on their ordeal in 
jail while awaiting the trial; an MDC spokesman said they had been 
receiving threats and had been stalked since the publication of the 
article.
    There were no developments in the following cases from 2003: The 
January killing of Tonderai Mangowiro, a ZANU-PF member, allegedly by 
MDC members; the March case of a suspected CIO abduction, torture, and 
killing of Steven Tonora, who was accused of burning a Zimbabwe United 
Passenger Company Bus in Hatfield; the reported government arrest, 
rape, torture, beatings, and deaths of MDC supporters including Richard 
Tonderayi Machiridza, involved in the MDC-organized stayaway in March; 
the May killing of MDC Secretary for Information and Publicity for 
Mufakose, David Matinyarare by ZANU-PF supporters; and the June killing 
of MDC member Tichaona Kaguru by ZANU-PF supporters.
    There were no further developments in the reported 2002 killings.
    Harsh prison conditions and a high incidence of HIV/AIDS were 
widely acknowledged to have contributed to a large number of deaths in 
prison; however, some deaths in custody and prison may have been due to 
abuse or other causes (see Section 1.c.).
    During the year, officials uncovered mass graves of civilians 
killed by soldiers in the country's war of independence in the 1960s 
and 1970s as part of an effort to locate and bury victims individually. 
The Government found and reburied the remains of over 5,000 
individuals.

    b. Disappearance.--During the year, there were multiple reports of 
politically motivated kidnapping committed by ZANU-PF supporters and 
one reported kidnapping committed by MDC supporters. Domestic human 
rights organizations believed that there were disappearances in rural 
areas that were not reported due to fear of retribution by pro-
government factions. Abductees were often tortured. The Government 
often did not investigate abductions and torture of MDC supporters.
    On January 4, ZANU-PF youths abducted an MDC supporter in 
Dzivaresekwa. He reported that he and a colleague were interrogated, 
stoned, slapped, and beaten with sticks and that the assailants also 
tore at his clothes, tied a rope around his neck, and pulled him around 
the house, threatening to kill him. He sustained injuries to his head 
and hands. No official action was taken by year's end.
    On May 19, seven MDC supporters reportedly abducted and then 
released Elias Mushavi, a ZANU-PF supporter, while he was buying some 
food with a colleague. Police arrested the suspects at the MDC 
Headquarters at Harvest House in Harare the following day; however, no 
trial dates had been set by year's end.
    On July 26, youth supporters of ZANU-PF abducted Bob Makone, 
brother of senior MDC official Ian Makone and brother-in-law of MDC 
candidate for Parliament Theresa Makone. He was forced to attend a 
rally held by Minister of Education Aeneas Chigwedere, tortured, and 
held overnight. The same youths returned to the Makone home and 
threatened Theresa Makone with death for planning to run for 
Parliament. No official action was taken.
    No action was taken against those responsible for the 2003 
abduction of MDC member Mthulisi Mloyi, who was abducted while putting 
up MDC rally posters.
    There were no further developments in the reported 2002 cases of 
disappearance.

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The Constitution prohibits such practices; however, 
security forces tortured, raped, and otherwise abused persons. There 
continued to be reports that police used excessive force in 
apprehending and detaining criminal suspects. Government supporters 
continued to torture suspected opposition members and farm laborers.
    Human rights groups reported physical and psychological torture 
perpetrated by government supporters in parts of the country. Unlike 
the previous year, there were no reports that ruling party supporters 
set up torture chambers to brutalize opposition supporters. The 
Zimbabwe Human Rights NGO Forum reported 170 cases of torture during 
the first 11-months of the year. National youth training camps were a 
source of ruling party-directed youth militia forces, which were 
deployed to harass and intimidate suspected MDC supporters with 
impunity. There were reports of indoctrination against political 
opposition and conflicting reports on the camps' inclusion of 
paramilitary skills and torture methods in the curriculum (see Section 
5).
    Security forces were involved in incidents of political violence, 
including instances of soldiers and persons in military uniforms 
beating civilians, particularly in areas suspected of heavy support for 
the opposition.
    In January, Roy Bennett, MDC M.P. for Chimanimani and owner of a 
large farm, claimed that the newly appointed Governor of Manicaland, 
Lieutenant General Mike Nyambuya, organized a violent looting spree by 
members of the army and government supporters at his farm and that 
several farm workers were hospitalized after soldiers beat them. In 
April, he said that Nyambuya had war veterans, CIO agents, and 
Agricultural Rural Development Authority workers occupy the farm. Army 
and police personnel sealed off the farm and prevented workers from 
leaving. ZANU-PF supporters forced farm workers to attend ZANU-PF 
rallies. Those suspected of being MDC supporters were beaten. No 
official action was taken by year's end.
    On May 29, a mob of ZANU-PF activists who were armed with machetes 
and axes attacked an MDC activist while he and other MDC supporters 
were attending a colleague's memorial service. The MDC activist and 
other MDC supporters fought back and managed to overpower the 
assailants. The MDC activist claimed that the assailants reported the 
matter to the Machipisa Police and that police then arrested two of the 
MDC supporters. No further official action was taken by year's end.
    In October, CIO agents kidnapped and beat the president of the 
Zimbabwe National Students Union, Philani Zamchiya. They accused him of 
organizing disturbances to coincide with the announcement of the 
verdict in MDC President Morgan Tsvangirai's treason trial. Zamchiya 
escaped by jumping out of the moving truck where he was held and 
beaten. Passersby discovered him unconscious and took him to the 
hospital. Three suspected CIO agents forced their way into his hospital 
ward, claiming to be investigating the attack and demanding information 
on his activities. His lawyers suspected the three CIO agents were the 
same ones who beat Zamchiya and moved him to a private location while 
he recovered. He was released from the hospital in early December. The 
Government did not arrest anyone in connection with this incident.
    On several occasions in the days leading up to the Zengeza 
parliamentary by-election youth militia attacked MDC-supporters (see 
Section 3).
    Persons perceived as supporting the opposition, including teachers, 
civil servants, health workers, and laborers, were singled out for 
assault or intimidation by ruling party supporters. In March, three 
pregnant women were reportedly assaulted. One, who was 4 months 
pregnant, was allegedly assaulted by ZANU-PF youths based at the home 
of a ZANU-PF Women's Leader. The youths reportedly assaulted her with a 
chain on her back, buttocks, and legs and also broke her arm as she was 
trying to shield her face from a blow and protect her stomach. No 
official action was taken. In most cases, the national police did not 
halt acts of political intimidation or violence, arrest the 
perpetrators, or investigate political crimes.
    The Government prosecuted ruling party supporters for violence, 
mostly for intra-party violence. In October, at the instruction of Vice 
President Joseph Msika, police in Bulawayo opened an investigation into 
the kidnapping and torture of four ZANU-PF youths by CIO operatives who 
mistook the youths for MDC supporters. In November, 13 youths were 
arrested and charged for violent clashes between supporters of rivals 
for the ZANU-PF nomination for M.P. in Masvingo South. Also in 
November, the ZANU-PF youth chairman for Gokwe, Joseph Musekiwa, was 
sentenced to 8 years for raping a woman in the campaign period prior to 
the 2002 presidential election. Musekiwa boasted in court that nothing 
would happen to him because of his membership in ZANU-PF. In December, 
two ZANU-PF M.P.s were arrested on charges of inciting or participating 
in intra-party violence (see Section 1.d.).
    There were no developments in the following 2003 cases: The January 
arrest and beating of MDC M.P. for St. Mary's (near Harare) Job 
Sikhala, Gabriel Shumba, a human rights lawyer, and three other MDC 
members at Nyamutamba Hotel; the January abduction and beating of 
Barnabas Mangodza, Jameson Gadzirai, Joseph Rose, and Richard Mudekwe 
by youth militia members; the March abduction and beating of Raphinos 
Madzokere, the MDC district secretary for Mashonaland East; the March 
home invasion and beating of Margaret Kulinji, secretary of the MDC's 
women's league; the June attack by ZANU-PF supporters on mourners who 
attended the funeral wake of MDC official Tichaona Kaguru; and the 
October assault of a ZANU-PF official and subsequent attacks on MDC 
houses.
    No further action was taken in the reported 2002 cases of torture 
and beatings by security forces, ZANU PF supporters, and war veterans.
    War veterans and ZANU PF supporters continued to harass, 
intimidate, and abuse journalists considered to be sympathetic to the 
opposition during the year (see Section 2.a.).
    Security forces repeatedly used force, including tear gas, to 
disperse nonviolent gatherings and demonstrations; security forces also 
beat participants and demonstrators, which resulted in injuries (see 
Section 2.b.).
    Zimbabwe Human Rights NGO Forum reported that at least two 
politically motivated rapes were committed during the year but noted 
that the figure likely was grossly underreported due to cultural 
taboos. The attacks targeted MDC supporters and their families. For 
example, on February 6, a worker at MDC M.P. Roy Bennett's farm 
reported that she was raped by a war veteran residing on a section of 
Bennett's property. The war veteran then ordered her to go to her rural 
home and never be seen again at Bennett's farm. She reported her ordeal 
to the farm management but not to police.
    There continued to be reports of rape at national youth service 
training camps (see Section 5).
    Prison conditions remained harsh and life threatening. The 
Government's 47 prisons were designed for a capacity of 16,000 
prisoners; however, they held approximately 25,000. Overcrowding 
continued to be a problem. Shortages of food and clothing and poor 
sanitary conditions persisted, which aggravated outbreaks of cholera, 
diarrhea, and HIV/AIDS related illnesses. Researchers reported that the 
HIV prevalence rate among prisoners was estimated to be as high as 60 
percent and that AIDS was a major cause of deaths in detention.
    The estimated 2,000 female prisoners were held in separate 
cellblocks from male prisoners. Juveniles were not held separately from 
adults.
    Pretrial detainees generally were held in group cells until their 
bail hearings. Once detainees were charged, if they were refused bail, 
they were held in a separate remand prison.
    The law provides that international human rights monitors have the 
right to visit prisons; however, government procedures and requirements 
made it very difficult to do so. Permission was required from the 
Commissioner of Prisons and the Minister of Justice, which sometimes 
was not granted or took 1 month or longer to obtain. A local NGO and 
church groups were granted access on a number of occasions during the 
year, but at least one local NGO that deals with prisoners' issues was 
denied access.

    d. Arbitrary Arrest or Detention.--The Constitution prohibits 
arbitrary arrest and detention; however, some laws effectively weakened 
this prohibition, and security forces arbitrarily arrested and detained 
persons repeatedly.
    The police are centrally controlled, with the command center in 
Harare. The police are further divided with provincial headquarters 
overseeing two to three district headquarters, each of which supervise 
up to seven stations. Police effectiveness was reduced over the year 
because of an increase in crime and a decrease in resources, both human 
and material. It was difficult for police to remain impartial due to 
increased politicization within the force's upper echelons. There were 
also reports that untrained or unqualified personnel were placed in the 
lower levels solely because of their membership in ZANU-PF. Corruption, 
particularly within the traffic branch, increased due, in part, to low 
salaries.
    The law requires that police inform an arrested person of the 
charges before being taken into custody. Warrants of arrest issued by 
the courts were required except in cases of serious crimes or where 
there was the risk of evidence disappearing. Although a preliminary 
hearing before a magistrate is required within 48 hours of an arrest 
(or 96 hours over a weekend), the law was disregarded if a person did 
not have legal representation. Police typically arrested individuals 
accused of political crimes on Fridays, which permitted them to be 
detained legally until Monday. In several cases, police claimed not to 
know where they were holding a detained individual, which delayed a 
hearing on bail release.
    There was a continuing problem, particularly in rural areas, in 
which victims or witnesses of crimes who reported to the police were 
charged themselves with the crimes of the perpetrators or other crimes. 
In May, ZANU-PF supporters abducted and beat Demadema Ntinti Ncube and 
Luke Sibanda, MDC activists in Lupane. Upon their release, Ncube and 
Sibanda went to the Lupane police station to report the abduction. 
There, they were arrested for reported violence against ZANU-PF 
supporters.
    The Criminal Procedures and Evidence Act substantially reduced the 
power of magistrates to grant bail without the consent of the Attorney 
General or his agents; however, in practice a circular issued by the 
Attorney General giving a general authority to grant bail lessened the 
negative effect of the law. High Court judges granted bail 
independently.
    In June, Parliament passed the Criminal Procedure and Evidence 
Amendment Act, which allows the police to hold persons suspected of 
committing economic crimes for up to 4 weeks without bail. In February, 
James Makamba, a senior ZANU-PF Central Committee member, was arrested 
and charged with illegally dealing in foreign currency; Makamba's 
extended detention prompted the Act. Makamba pled guilty at his trial. 
In April, Finance Minister Christopher Kuruneri was arrested, also 
charged with dealing illegally in foreign currency. His applications 
for bail were deferred or denied, and he remained in custody awaiting 
trial at year's end.
    Detainees often were not allowed prompt or regular access to their 
lawyers. Authorities often informed lawyers who attempted to visit 
their clients that detainees were ``not available.'' Family members 
sometimes were denied access unless accompanied by an attorney. 
Detainees, particularly those from rural areas without legal 
representation, sometimes were held incommunicado. Family members and 
attorneys often were not able to verify that a person had been detained 
until the detainee appeared in court.
    The Official Secrets Act and Public Order and Security Act (POSA) 
grant the Government a wide range of legal powers, and give extensive 
powers to the police, the Minister of Home Affairs, and the President 
to prosecute persons for political and security crimes that are not 
defined clearly.
    Police continued to detain farmers in connection with seizing their 
land despite court orders confirming their title.
    Police arbitrarily arrested journalists during the year (see 
Section 2.a.).
    Police arrested persons holding meetings and during the forcible 
dispersal of gatherings (see Section 2.b.).
    Police arrested religious leaders during the year (see Section 
2.c.).
    M.P.s, both from MDC and ZANU-PF were arrested during the year. MDC 
M.P. Roy Bennett was sentenced to prison by Parliament for an incident 
in which he pushed a Cabinet Minister, an offense that normally would 
be punished by a fine. ZANU-PF M.P. Chris Kuruneri was arrested and 
being held on charges of externalizing foreign currency, a practice 
that ws common.
    Police arrested seven other MDC M.P.s including Evelyn Masaiti, 
Tichaona Munyanyi, Priscilla Misihairabwi-Mushonga, Job Sikhala, Bennie 
Tumbare Mutasa, Nelson Chamisa, and Paul Madzore. Most were held for a 
short time then released. Police arrested two ZANU-PF M.P.s, Phone 
Madiro and Kindness Paradza, for intra-party violence between their 
supporters and those of other contestants vying for ZANU-PF candidacy 
in their constituencies, and ZANU-PF M.P. Philip Chiyangwa was detained 
by CIO and charged with selling state secrets to a foreign government.
    At year's end, a trial date had not been set in the case of Justice 
Benjamin Paradza. In February 2003, police detained him overnight and 
charged him with obstruction of justice for trying to influence a 
fellow judge in a murder case. The Supreme Court ruled that his arrest 
was unconstitutional since the law requires investigations of judges to 
be carried out by a tribunal of judges. A tribunal composed of judges 
from the region was to try Paradza in April to determine if he should 
be removed as a judge, but the tribunal was postponed. Separately, a 
criminal trial before the High Court was postponed because the 
presiding judge in the case recused himself due to the fact that he and 
Paradza fought together in the liberation war.
    There were no developments in the May 2003 arrest of students 
accused of distributing prohibited material and inciting student 
arrest.
    There were no further developments in the 2002 reported cases.
    Prolonged pretrial detention remained a problem and some detainees 
were incarcerated up to 4 years before their trials because of a 
critical shortage of magistrates and court interpreters. There was a 
backlog of up to 60,000 cases.

    e. Denial of Fair Public Trial.--The Constitution provides for an 
independent judiciary; however, the judiciary was under intense 
pressure to conform to government policies, and the Government 
repeatedly refused to abide by judicial decisions.
    The law provides for a unitary court system, consisting of 
headmen's courts, chiefs' courts, magistrates' courts, the High Court, 
and the Supreme Court. Civil and customary law cases may be heard at 
all levels of the judiciary, including the Supreme Court.
    Judges are appointed to serve until the age of 65 and may extend 
their terms until the age of 70 if they remain in good physical and 
mental health. The Constitution provides that they may be removed from 
the bench only for gross misconduct and that they cannot be discharged 
or transferred for political reasons. Unlike in previous years, there 
were no reports that the Government arrested judges or coerced them to 
resign. However, magistrates, who are part of the civil service rather 
than the judiciary, heard the vast majority of cases and continued to 
come under intense political pressure after some of their decisions 
were interpreted as running counter to government interests.
    The Government and police routinely failed to enforce court 
decisions that went against their interests, and the Government 
routinely continued to delay payment of court costs or judgments 
awarded against it.
    In December 2003 Judge President of the Administrative Court, 
Justice Michael Majuru resigned from the court. Majuru, who was the 
presiding judge in a controversial case involving the Government and 
the Associated Newspapers of Zimbabwe (ANZ), publishers of The Daily 
News, was forced to resign after the official press reported that he 
was under probe for having told a member of the public that he would 
rule in favor of the ANZ. In July, Majuru, who was in exile at year's 
end, claimed publicly that Justice Minister Patrick Chinamasa had asked 
him what the judgment in the case would be and expressed concern that 
Majuru would rule against the Media and Information Commission. Majuru 
also claimed that he was offered a farm by Enoch Kamushinda, chairman 
of the GMB and Zimbabwe Newspapers.
    Other judicial officers such as prosecutors and private attorneys 
also faced political pressure. In April 2003, war veterans attacked 
Levison Chikafu, a senior public prosecutor at the Magistrate's court 
in Mutare, after they forced their way into his office and demanded to 
know why ``he had granted bail to MDC supporters.'' Despite this 
pressure, Chikafu was promoted to the position of prosecutor in the 
Attorney General's office in Harare.
    The Constitution provides for the right to a fair trial; however, 
this right frequently was compromised due to political pressures. Every 
defendant has the right to a lawyer of his choosing; however, according 
to a local attorney, most defendants in magistrates' courts did not 
have legal representation. In criminal cases, an indigent defendant may 
apply to have the Government provide an attorney, but this was rarely 
granted except in capital cases where the Government provided an 
attorney for all defendants unable to afford one. Litigants in civil 
cases can request legal assistance from the NGO Legal Resources 
Foundation or Zimbabwe Lawyers For Human Rights. All litigants were 
represented in the High Court.
    Attorneys sometimes were denied access to their clients during the 
year. For example, in April, police assaulted and arrested University 
of Zimbabwe (UZ) professor Tinashe Chimedza, who was addressing 
students on the topic of academic freedom. His lawyers witnessed the 
assault, then were denied access to Chimedza after his arrest. While 
the lawyers were waiting, police detained one for inappropriate dress. 
In September, attorneys were denied access to a foreign citizen and two 
others who were detained after conducting a workshop on peace-building.
    The right to appeal exists in all cases and is automatic in cases 
in which the death penalty is imposed. Trials were open to the public, 
except in certain security cases. Defendants enjoy a presumption of 
innocence, the right to present witnesses, and the right to question 
witnesses against them, and defendants and their attorneys generally 
had access to government held evidence relevant to their cases; 
however, some defendants were denied the right to wear civilian attire 
to court. In January, ZANU-PF M.P. Phillip Chiyangwa was forced to 
appear in court in a prison uniform. In March, businessman and ZANU-PF 
Politburo member James Makamba was brought in to court in shackles and 
leg irons. In each case the court eventually recognized the rights of 
the defendants and permitted them to wear civilian attire.
    On October 15, the High Court issued a verdict in the first treason 
trial of MDC President Morgan Tsvangirai. Tsvangirai was found not 
guilty of plotting a military coup and assassination of President 
Mugabe. At year's end, MDC President Morgan Tsvangirai faced a second 
charge of treason for his role in the 2003 MDC-organized stayaways. 
Tsvangirai's passport was returned to him at the first trial's 
conclusion and was not confiscated in connection with the second charge 
(see Section 2.d.).
    Military courts deal with court martials and disciplinary 
proceedings for military personnel. Police courts, which can sentence a 
police officer to confinement in a camp or demotion, handle 
disciplinary and misconduct cases. Defendants in these courts have the 
right to appeal to the Supreme Court.
    The Zimbabwe Women's Lawyers Association (ZWLA) reported that most 
magistrates in the country were not aware of some of the contents of 
the Sexual Offenses Act (SOA) or that the law was in effect. ZWLA's 
research illustrated that many magistrates continued to make judgments 
based on old laws.
    There was a large volume of rape cases in the Harare victim 
friendly courts, which consisted of individual magistrates designated 
to try family cases. These courts were understaffed, in part because 
many magistrates sought more lucrative employment outside the country.
    There was one political prisoner, Roy Bennett (see Section 1.d.). 
He was permitted to see his wife for 20 minutes every other week. There 
were no reports of international humanitarian organizations being given 
access to him.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The Constitution prohibits such actions; however, the 
Government did not respect these provisions. Security forces searched 
homes and offices without warrants; the Government was believed to 
monitor some private correspondence and telephones, particularly 
international communications; and the Government forcibly dispersed 
persons from their homes.
    During the year, soldiers, police, war veterans, and other ruling 
party supporters repeatedly entered the Chimanimani farm of MDC M.P. 
Roy Bennett in violation of several High Court orders prohibiting them 
from doing so. The ruling party supporters beat and abducted farm 
workers, in one instance raped a worker, killed cattle and wildlife, 
and threatened and harassed and prevented Bennett from returning (see 
Section 1.c.).
    Unlike previous years, police did not conduct house to house 
searches in the suburbs of Harare and Bulawayo.
    The law permits the Government to monitor and intercept e mails 
entering and leaving the country, and security services reportedly have 
used this authority to monitor e mail communication, although the 
extent of this monitoring was unknown.
    The Land Act permits the immediate government seizure of all 
commercial farming land. Since 2002, the Government has dispossessed 
approximately 4,000 of 4,500 white commercial farmers. Most of the 
remaining 500 white-owned commercial farmers entered into business 
agreements with blacks to protect their farms from land reform. During 
the year, the Government attempted to seize some farms by attacking the 
black business partners. The Government seized some of these farms, 
most notably Kondozi Farm, whose black part owner, Edwin Moyo, was 
vilified in the government-controlled press. The Government has issued 
acquisition notices on most of the remaining 500, but the process was 
often lengthy, and acquisition has been at the rate of approximately 1 
farm per week during the year. The Land Acquisition Amendment, which 
passed Parliament in January, scales back due process protections for 
property owners and expands the categories of properties that may be 
confiscated under the Government's land reform program.
    There were numerous reports that government officials had acquired 
multiple farms and evicted previously resettled small scale farmers 
from the land.
    According to a local NGO, ZANU PF supporters attacked and damaged 
or destroyed the homes of more than 100 opposition supporters and 
commercial farmers.
    In May, there were reports that 30 MDC supporters and their 
families in Chipinge were living in the bush following attacks at their 
homes by ZANU-PF activists. Twenty of the MDC supporters were treated 
for minor injuries at local health centers and two others were treated 
at a private hospital for more serious injuries. Police in Chipinge 
confirmed the attacks, but no arrests had been made by year's end.
    In September and October, the Government evicted and burned the 
homes thousands of families accused of squatting on farms acquired by 
the Government in Mashonaland West, Mashonland East, and Manicaland. 
Amnesty International and other organizations reported that as many as 
10 persons died as the result of tear gassing of farmers' homes at one 
of the farms. The Government blocked international organizations from 
assisting the newly displaced farmers.
    There was no action taken, nor was any likely, in the reported 2003 
or 2002 cases of arbitrary interference with citizens' homes.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The Constitution provides for 
freedom of expression; however, legislation limits this freedom in the 
``interest of defense, public safety, public order, state economic 
interests, public morality, and public health,'' and the Government 
restricted this right in practice. A semi-independent newspaper was 
closed during the year. Security forces arbitrarily detained and 
harassed journalists; however, unlike the previous year, there were no 
reports that security forces beat journalists. Journalists practiced 
self censorship.
    The Government continued to restrict freedom of speech, 
particularly by independent sources or those making or publicizing 
comments critical of President Mugabe. POSA also makes it an offense to 
make statements that will engender feelings of hostility towards the 
President. In November and December, three individuals were arrested 
under POSA for criticizing Mugabe in public. They were fined and 
released.
    Several major daily newspapers and one local language tabloid 
belonged to the Mass Media Trust (MMT), a holding company heavily 
influenced by the ZANU PF. The Government, through the MMT, controlled 
two daily newspapers, the Chronicle and the Herald. The news coverage 
in these newspapers generally focused on the activities of government 
officials, negatively portrayed opposition parties and other anti-
government groups, and also downplayed events or information that 
reflected adversely on the Government. The government controlled media 
generally portrayed President Mugabe and the Government favorably, 
although rivals of the Minister for Information and Publicity within 
ZANU-PF rarely received favorable coverage. The Daily Mirror, a daily 
semi-independent newspaper owned by ZANU-PF interests, offered 
increasingly critical coverage of government policy and ruling party 
interests and aired the views of the opposition and critics of the 
Government. The Ministry for Information and Publicity controlled the 
Zimbabwe Inter Africa News Agency wire service.
    There were two independent major weeklies (the Independent and the 
Standard), a semi-independent weekly (the Financial Gazette) and three 
monthlies that continued to operate despite threats and pressure from 
the Government. The major independent newspapers continued to monitor 
government policies and publish opposition criticism; however, most of 
them also continued to exercise self censorship in reporting due to 
growing government intimidation and the continuing prospect of 
prosecution under criminal libel and security laws.
    During the year, the Government closed down The Tribune, a semi-
independent weekly owned by ZANU-PF member Kindness Paradza when the 
newspaper became increasingly critical of the Government.
    The only independent daily newspaper, The Daily News, which was 
closed by the Media and Information Commission (MIC) in 2003, remained 
closed at year's end. The Supreme Court has reserved judgment on all 
appeals related to this case, and the MIC continued to refuse to 
register The Daily News. At year's end it only published an on-line 
edition from South Africa, with a smaller, core staff.
    Radio remained the most important medium of public communication, 
particularly for the majority of the population living in rural areas. 
The Government continued to control all domestic radio broadcasting 
stations through the state owned Zimbabwe Broadcasting Corporation 
(ZBC), supervised by the Ministry for Information and Publicity. There 
were credible reports that the Minister of Information routinely 
reviewed ZBC news and repeatedly excised reports on the activities of 
groups and organizations opposed to or critical of the Government. 
There were two independent short-wave radio broadcasts to the country 
during the year; however, they were not widely listened to because few 
citizens had access to short-wave radios. Voice of America (VOA) 
broadcast a 1 hour program daily on short wave and AM featuring 
interviews with local opinion makers on a range of topics in English, 
Shona, and Ndebele. Short Wave Radio Africa broadcast daily from the 
United Kingdom, using local sources and reporters. Voice of the People, 
whose offices were bombed in 2002, broadcast daily from the 
Netherlands.
    The Government controlled all domestic television broadcasting 
stations, and the ZBC owned and operated television broadcasting 
facilities. ZBC banned all international programs and permitted only 
programs produced locally or by Africans. Throughout the year, ruling 
party music videos were aired regularly during the day, promoting the 
fast track land redistribution program.
    At year's end, the Government continued to refuse to lease 
broadcast time to Joy TV, the only privately licensed television 
station, and it remained off the air. Although the Government invited 
applications for a second national television network in March 2003, 
application and license fees were prohibitively expensive.
    International television broadcasts were available freely through 
private satellite firms; however, the expense and the requirement that 
payment must be made exclusively in foreign currency made it 
unavailable to most citizens.
    Journalists were arrested during the year. The Government arrested 
and prosecuted editors and journalists who contributed to published 
stories critical of government policies or security force operations.
    On January 10, Zimbabwe Independent editor Iden Wetherell, news 
editor Vincent Kahiya, and reporter Dumisani Muleya were arrested and 
charged with criminal defamation for publishing a story that President 
Mugabe commandeered an Air Zimbabwe plane for travel on personal 
business. They were all released on bail. No trial had taken place by 
year's end. On January 14, another reporter, Itai Dzamara, and the 
general manager, Raphael Kumalo, were arrested; both were released and 
only Dzamara was charged. No trial had taken place by year's end.
    On May 19, The Standard editor Bornwell Chakaodza and reporter 
Valentine Maponga were arrested and charged under POSA with publishing 
false statements prejudicial to the state following an article that 
stated the family of a killed mining company executive blamed senior 
government officials for plotting his death. The journalists were 
charged then released. Police rearrested them 2 days later; they were 
released on bail, and no further action was taken by year's end.
    During the year, ANZ Directors Brian Mutsawu, Michael Mattison, 
Pfungwa Kupara, and Washington Sansole were acquitted on all charges 
related to their September 2003 arrest for operating a media business 
without MIC registration. Sixteen Daily News reporters were also 
arrested and charged in 2003 for allegedly breaching the Access to 
Information and Protection of Privacy Act (AIPPA) for practicing 
journalism without accreditation from the MIC; however, there were no 
developments on their case during the year.
    In October, the Government announced that opposition parties would 
be allowed access to the state media in the run up to the March 2005 
parliamentary elections, but the government-controlled Zimbabwe 
Broadcasting Corporation rejected MDC radio advertisements. The 
Government subsequently indicated that the MDC would be afforded access 
to the state media should it end its boycott of elections and agree to 
participate in the 2005 parliamentary elections. At year's end, 
opposition parties did not have access to state media.
    There were no developments in the January 2003 detention of 
journalists and an MDC councilor investigating the food crisis.
    On February 16, the Herald fired sports editor Robson Sharuko and 
journalists Tendai Ndemera and Rex Mphisa, for writing for VOA.
    There were no new developments in the reported 2003 or 2002 cases 
of harassment, abuse, and detention of journalists.
    The Broadcasting Services Act, which Parliament's legal committee 
found to be unconstitutional but is still in force, gives the Minister 
of Information final authority in issuing and revoking broadcasting 
licenses. The Act allows for one independent radio broadcaster and one 
independent television broadcaster but requires them to broadcast with 
a government controlled signal carrier. Legal rights groups criticized 
the Act for limiting free speech.
    The Government continued to deny broadcasting licenses to 
independently owned Radio Dialogue and Capitol Radio.
    POSA makes it an offense to publish or communicate false statements 
prejudicial to the state. Legal experts have criticized this section 
saying that it imposes limits on freedom of expression beyond those 
permitted by the Constitution. An extremely broad Official Secrets Act 
makes it a crime to divulge any information acquired in the course of 
official duties. In addition, anti defamation laws criminalize libel of 
both public and private persons.
    Under AIPPA, mass media companies and journalists must register for 
accreditation. Companies must pay burdensome application fees, and 
journalists were often required to pay application fees in U.S. 
dollars, which were difficult to obtain.
    In November, Parliament passed an amendment to AIPPA, which, among 
other provisions, imposes penalties, including jail time, on 
journalists operating without accreditation. There were no developments 
in Peta Thornycroft's Supreme Court challenge of the legality of the 
charge against her under the AIPPA, for ``posing as a journalist.''
    No arrests were made in the 2002 bombing of Voice of the People's 
offices by year's end.
    Unlike the previous year, there were no reports of citizens being 
banned from entering the country as journalists; however, foreign 
correspondents were regularly denied visas during the year. A Sky News 
television crew invited by ZANU-PF to conduct an interview of President 
Mugabe was initially detained in their hotels by the Ministry of 
Information for not obtaining press visas; however, they were 
eventually able to conduct the interview.
    The Government banned the satirical play ``Super Patriots and 
Morons,'' about an intolerant dictator. The play had already been 
staged when it was banned. The Government gave no justification for the 
banning.
    The Government did not restrict access to the Internet; however, 
the law permits the Government to monitor all international e mail 
messages entering and leaving the country (see Section 1.f.).
    The Government restricted academic freedom. The University of 
Zimbabwe Amendment Act and the National Council for Higher Education 
Act restricts the independence of universities, making them subject to 
government influence, and extends the disciplinary powers of the 
university authorities against staff and students. The Ministry of 
Higher Education and Technology controlled the state universities and 
appointed their Chancellors and Vice Chancellors; the Ministry also 
appoints the Deans of Faculty, and most members of the University 
Council.
    There continued to be reports of schoolteachers whose contracts of 
employment were cancelled because they supported the MDC.

    b. Freedom of Peaceful Assembly and Association.--The Constitution 
provides for freedom of assembly; however, the Government restricted 
this right in practice through laws such as POSA, which many legal 
experts believed were unconstitutional. The police repeatedly used 
force to break up nonviolent demonstrations by its critics and erect 
roadblocks in urban areas to prevent public gatherings from taking 
place. POSA does not require permits for meetings or processions, but 
it requires that organizers notify the police of their intentions to 
hold a public gathering 7 days in advance. Failure to do so results in 
criminal prosecution as well as civil liability. Although most groups 
that conducted meetings did not seek permits, some groups informed the 
police of their planned events and were denied permission, or their 
requests went unanswered. Police insisted that their permission was 
required to hold public gatherings, and they disrupted many events 
whether or not permission was sought. Police personnel attended many 
political meetings without invitation, ostensibly to protect attendees 
from potential violence by unruly persons. Reportedly, the CIO also 
routinely sent personnel undercover to monitor meetings perceived as 
being anti-government.
    Police frequently refused to permit campaign rallies and meetings 
by the MDC.
    In February, police arrested Sifiso Mpofu, MDC Councilor for Nkayi, 
reportedly for inviting politicians to his victory celebrations despite 
having obtained police clearance. He was detained overnight and then 
arrested and held for 3 days later that week for holding a residents' 
meeting without police clearance. The Government declined to prosecute.
    On May 29, riot police prevented the MDC from holding its 
provincial assembly meeting for Midlands South. MDC party officials 
claimed that they sought police clearance the previous week to hold the 
meeting but had not received a response.
    On July 2, ZANU-PF youths attacked an MDC provincial assembly 
attended by several MDC leaders, including Morgan Tsvangirai, in 
Mvurwi. The MDC applied for and received permission to hold the 
meeting; however, police provided no support. Police later blamed MDC 
youths for provoking the attack. Police had not made any arrests by 
year's end.
    In July and August, police barred MDC President Morgan Tsvangirai 
from addressing several meetings convened for grassroots officials 
throughout the country.
    In September, police broke up a dinner at MDC M.P. Nelson Chamisa's 
residence and arrested the M.P. and several guests for holding a 
meeting without proper authorization. All were released, and the case 
was not prosecuted.
    Unlike previous years, police did not prevent public meeting of 
religious members.
    Police arrested numerous demonstrators during the year. For 
example, on February 4, police arrested 118 protestors and beat 
approximately 50 in an afternoon demonstration organized by the 
National Constitutional Assembly (NCA) in support of a new 
constitution. NCA president Lovemore Madhuku was beaten severely and 
dumped, semi-conscious, on a road near the edge of town. Those arrested 
were later released. Authorities took no further action on the matter. 
There were no developments in the October 2003 arrest of NCA 
demonstrators.
    On September 1, police arrested approximately 30 demonstrators and 
injured others in an NCA demonstration to protest the Non-Governmental 
Organizations Bill. NCA had notified police of the demonstration but 
did not receive permission.
    Police arrested several female members of Women of Zimbabwe Arise! 
(WOZA) several times in Bulawayo. Each time the women were released 
after a few days and usually had to pay a fine. In September, police 
arrested several members of WOZA on a march from Bulawayo to Harare to 
protest the NGO Bill, then under consideration by Parliament. In 
August, 48 women went on trial for participating in a demonstration 
against POSA in July 2003; the women were all acquitted. There were no 
developments in the May 2003 arrest of WOZA members.
    There were no developments in the March 2003 arrest of 80 persons 
under POSA for displaying posters critical of President Mugabe during 3 
World Cup cricket matches in Bulawayo.
    There was no action taken against police who used excessive force 
to disperse a number of demonstrations or rallies in 2003 or 2002.
    The Constitution provides for freedom of association; however, the 
Government restricted this right in practice for political 
organizations. Organizations generally were free of governmental 
interference as long as their activities were viewed as nonpolitical. 
ZANU PF supporters, sometimes with government support or acquiescence, 
intimidated and abused persons perceived to be associated with the 
opposition (see Sections 1.a., 1.b., 1.c., 1.d., and 1.f.). The 
Government harassed some NGOs it believed were opposed to government 
policies with raids on their offices, inquiries into their activities, 
and obstacles to renewing work permits of foreign employees (see 
Section 4).
    The formation of political parties and unions was not restricted; 
however, the Government interfered with activities of political parties 
and unions during the year (see Sections 6.a. and 6.b.).

    c. Freedom of Religion.--The Constitution provides for freedom of 
religion, and the Government generally respected this right in 
practice; however, a law that criminalizes both purporting to practice 
witchcraft and accusing persons of practicing witchcraft reportedly was 
viewed as restrictive by some practitioners of indigenous religions.
    Church leaders and members who criticized the Government continued 
to face intimidation, arrest, detention, and possible deportation, in 
the case of foreigners.
    In March, the Government charged the Catholic diocese of Hwange and 
the Catholic Mater Dei Hospital in Bulawayo for allegedly exchanging 
foreign currency illegally. Observers suggested that the charges were 
intended to put pressure on the Church to desist from criticizing the 
Mugabe regime.
    The Government does not require religious institutions to be 
registered; however, religious organizations that run schools or 
medical facilities must register those specific institutions with the 
appropriate ministry involved in regulating those areas.
    In August 2003, the Islamic Convent of the Strict Observance 
complained that the Lord's Prayer in the school curriculum contravened 
the Constitution, which protects freedom of conscience; however, it 
withdrew its complaint the same month.
    Witchcraft widely understood to encompass attempts to harm others 
not only by magic but also by covert means of established efficacy such 
as poisons traditionally has been a common explanation for diseases of 
which the causes were unknown. Although traditional indigenous 
religions generally included or accommodated belief in the efficacy of 
witchcraft, they generally approved of harmful witchcraft only for 
defensive or retaliatory purposes and purported to offer protection 
against it.
    The Criminal Law (Codification and Reform) Act, passed in November, 
incorporated the previous Witchcraft Suppression Act (WSA), which 
criminalized purporting to practice witchcraft, accusing persons of 
practicing witchcraft, hunting witches, and soliciting persons to name 
witches. The new Act removes the prohibitions on witch hunting and 
accusing another person of being a witch. The law defines witchcraft as 
``the use of charms and any other means or devices adopted in the 
practice of sorcery,'' and provides punishments for intending to cause 
disease or injury to any person or animal through the use of 
witchcraft.
    There was some tension between the Government and some of the 
indigenous African churches, and between mainstream Christian churches 
and practitioners of traditional indigenous religions, because of the 
latters' preference for prayer over science-based medical practices. 
Some members of the indigenous churches believed in healing through 
prayer only and refused to have their children vaccinated or treated. 
Human rights activists also criticized these indigenous churches for 
their sanctioning of marriages for underage girls.
    Muslims complained of discrimination by private employers who 
refuse to allow them sufficient time to worship at their mosques on 
Fridays.
    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, the Government at times restricted them in practice.
    During the year, police continued to routinely erect armed 
roadblocks in and around cities and rural districts, especially during 
election periods, before demonstrations, and before opposition 
meetings. Police claimed that they were looking for criminals, smuggled 
goods, or illegal weapons, but legal rights groups asserted that it was 
a measure designed to discourage or limit opposition organizing. 
Roadblocks established by the Zimbabwe Revenue Authority (ZIMRA) along 
the main highways from South Africa and Botswana to search for foreign 
currency remained in place. Police also searched for and confiscated 
smuggled maize at roadblocks on major roads. Under the law, the quasi-
governmental GMB was the only purchaser of grain in the country; 
however, prompted by the increasing price of maize meal in stores, some 
city-dwellers began purchasing grain privately in the rural areas.
    Unlike in the previous year, there were no reports that opposition 
supporters had difficulty obtaining passports or were questioned by 
immigration officials.
    During the year, travel bans and visa requirements on a variety of 
persons remained in effect. Among those affected were British 
government officials, members of the British Parliament, a foreign 
human rights activist, and journalists. Foreign correspondents were 
denied visas during the year.
    After MDC President Morgan Tsvangirai was found not guilty in the 
first charge of treason against him, authorities returned his passport. 
He immediately left the country but was detained at the airport and his 
passport photocopied upon his return. At year's end, his passport 
remained in his possession.
    The Constitution prohibits forced exile and, unlike the previous 
year, there were no reports that the Government employed it. A number 
of persons, including former government officials, left the country, 
claiming to escape repression, and remained in self imposed exile at 
year's end.
    According to local NGOs, up to 500,000 farm workers were internally 
displaced at year's end due to the ongoing land resettlement policies, 
and the Government prevented international organizations and local NGOs 
from assisting them on some occasions. The Government told IOM and ICRC 
not to assist newly displaced farmers because it would discourage them 
from returning to their home villages (see Section 1.f.). Some 
displaced farm workers reportedly were living on other farms or on 
previously unsettled land without reliable sources of food and water; 
others with relatives or friends in urban areas. In most cases, ZANU PF 
supporters who were farm squatters ordered the farm workers to leave so 
that they could plant their own crops on the property. Other internally 
displaced persons (IDPs) were persons forced to leave their homes by 
government supporters because of perceived support for the opposition.
    According to the human rights NGOs, more than 115 MDC supporters 
were displaced internally during the year; however, the number of 
unreported cases likely was higher. The Government has condoned and 
even encouraged an environment of lawlessness that permits war veterans 
and other ruling party supporters to force opposition members and 
supporters from their homes without consequences for the perpetrators 
(see Section 1.f.). In most cases, police did not intervene.
    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 generally cooperated with the office 
of the U.N. High Commissioner for Refugees (UNHCR) and other 
humanitarian organizations in assisting refugees d asylum seekers. The 
Government also provided temporary protection to certain individuals 
who did not qualify as refugees under the 1951 Convention/1967 Protocol 
and provided it to 39 persons in 2003, according to UNHCR.
    According to UNHCR, there were 13,090 refugees and 637 asylum 
seekers in the country in 2003. The largest groups of refugees and 
asylum seekers continued to be from the Democratic Republic of the 
Congo, Rwanda, and Burundi.
    The 2002 case of sexual abuse of female refugees at the Tongogara 
Camp remained 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; however, this right was restricted in practice 
because the political process continued to be tilted heavily in favor 
of ZANU PF, which has ruled continuously since independence in 1980. 
The Government manipulated the electoral process to effectively 
disenfranchise voters and to skew elections in favor of ruling party 
candidates.
    There were many reports of violence in the days leading up to the 
Zengeza parliamentary by-election held March 27 and 28 (see Section 
1.c.). ZANU-PF youths were present at some polling stations and driving 
around the area during the election. There were reports that MDC voters 
were intimidated away from polling stations.
    There were fewer reports of violence in the Lupane parliamentary 
by-elections; however, intimidation was widespread. There were reports 
that the government-appointed District Administrator gave traditional 
village leaders instructions to organize residents to vote and to keep 
track of how they voted. There were also reports that ZANU-PF campaign 
meetings were advertised as community meetings.
    For the first time since the 2002 presidential elections, the 
Electoral Supervisory Commission (ESC) formally accredited Harare-based 
diplomats to observe parliamentary by-elections, but diplomats did not 
have full access to campaign events. Diplomatic observers reported 
several instances of voting irregularities during the voting days.
    In March 2002, President Mugabe was declared the winner of a 
presidential election after a campaign in which violence and 
intimidation were used nationwide against MDC supporters, and in which 
the electoral rules were manipulated to favor the ruling party. 
International observer missions from the Commonwealth and the South 
African Development Community (SADC) Parliamentary Forum described the 
electoral process as fundamentally flawed, while a large mission from 
the European Union (EU) withdrew before the election when the 
Government refused to accredit the delegation leader.
    On June 10, the High Court dismissed without explanation the first 
phase, which revolved around constitutional and legal objections, of 
the MDC's 2002 lawsuit, which sought nullification of the election 
results and a repeat of the election due to claims of numerous 
electoral irregularities. The second phase, involving factual evidence 
and witness testimony regarding the election's conduct, had not 
commenced by year's end.
    In 2002, the High Court nullified the results of the 2000 
parliamentary election in four constituencies but upheld the results in 
four others. The respective parties appealed all eight cases to the 
Supreme Court. In November, two ZANU-PF M.P.s lost their appeal in the 
Supreme Court of a High Court decision nullifying their elections. The 
two continued to occupy their seats at year's end. In December, the 
Supreme Court upheld the election of ZANU-PF MP Saviour Kasukuwere, 
dismissing the appeal of MDC candidate Godfrey Mumbamarwo. The other 
five cases were not heard by year's end.
    During the first half of the year, there were reports that the 
Government's GMB continued to restrict distribution of maize meal to 
ruling party supporters in some areas. There were no reports of this in 
the second half of the year.
    The President may unilaterally declare a state of public emergency 
for a period of up to 14 days; has sole power to dissolve Parliament 
and to appoint or remove a vice president and any minister or deputy 
minister; and directly appoints 20 of the 150 M.P.s, including 12 non-
constituency M.P.s and 8 provincial governors who sit in Parliament. 
The President also exerts great influence on the process by which the 
country's chiefs (traditional rulers) select 10 of their number to sit 
as M.P.s. All 30 of the appointed M.P.s have been consistent ZANU PF 
supporters.
    The legislature, which traditionally has been subordinate to the 
executive branch, has a viable opposition that called on the Government 
to be accountable and transparent. Parliamentary question time was used 
to force debate and disclosure, and parliamentary committees held 
public hearings on a range of issues, produced reports critical of the 
executive branch, and induced meaningful changes to government 
legislation.
    There were reports that the Government removed from the civil 
service and the military persons who were perceived as opposition 
supporters.
    On April 16, Minister of Local Government, Ignatius Chombo, fired 
the elected MDC mayor of Harare, Elias Mudzuri, and subsequently fired 
19 MDC councilors. Mudzuri had been suspended in April 2003 and a 
commission was set up to investigate him. A November 2003 High Court 
ruling declared that the commission had been improperly formed and that 
the evidence it gathered could not be used to fire Mudzuri. Under the 
law, an election must be held within 90 days of a mayor vacating the 
office. Instead, Chombo appointed the deputy mayor, Sekesayi 
Makwavarara, who was elected as MDC but switched in August to ZANU-PF, 
as acting mayor. The remaining MDC councilors, who had remained on the 
Council after Mudzuri's and 19 colleagues' firing, resigned in protest. 
On December 9, Chombo appointed an eight-member commission, led by 
Makwavarara, to run the city.
    On December 9, Parliament passed the Zimbabwe Electoral Commission 
Bill, despite an adverse report from the committee in Parliament that 
determines the constitutionality of all bills. The Bill establishes an 
electoral commission, largely appointed by the President, and regulates 
the provision of voter education. The Bill was initially criticized by 
the MDC and human rights NGOs for not establishing an independent 
commission and for restricting voter education. However, according to 
the final legislation, the commissioners are to be recommended by 
Parliament and appointed by the President, and the Bill allows their 
dismissal only for cause.
    On December 16, Parliament passed a separate, Electoral Bill to 
replace the current Electoral Act. The Electoral Bill clarifies some of 
the functions of the Electoral Supervisory Commission and the 
Registrar-General, both constitutional bodies; sets of the procedures 
for registration of voters; creates an Electoral Court to deal with 
registration disputes; and details some aspects of the conduct of 
elections. The MDC and human rights groups criticized the Bill for 
disenfranchising many citizens. The Bill, as did the previous Electoral 
Act, requires citizens to be resident in a particular constituency in 
order to vote, thus preventing expatriate citizens from voting. 
Absentee ballots are only provided for diplomats and armed forces.
    Despite these criticisms, the Government proclaimed that these two 
laws made it compliant with SADC standards and principles for 
democratic elections. The President had not signed either bill by the 
end of the year, but he was expected to sign both in early 2005.
    There were institutional problems with the management and 
supervision of elections, and the ESC, the Elections Directorate, the 
Ministry of Justice, Legal and Parliamentary Affairs, and the Registrar 
General's Office had overlapping mandates. Although the Ministry of 
Justice technically administered the Electoral Act, the Registrar-
General's Office fell under the Ministry of Home Affairs. The ESC 
generally was hampered by an insufficient budget and an overburdened 
staff seconded from the Ministry of Justice. It also lacked authority 
to order the correction of irregularities, including of the voters' 
roll, which contained a large number of redundancies and errors. The 
Government invested immense powers in the presidency through the 
Electoral Act, including full control of voters' rolls and 
registration, and the ability to change district lines without notice 
on the eve of an election. Electoral officers often did not operate in 
a fully open and transparent manner. Civil society groups and the 
opposition called for a creation of a new voters' roll because of 
problems with the current roll.
    During the year, the Registrar-General gave the MDC access to the 
voter rolls used in the 2002 presidential election.
    The ruling party's candidates continued to benefit from the ZANU 
PF's control of the state owned firms that dominated the country's 
economy, from its control of the state monopolized broadcast media (see 
Section 2.a.), and from its control over state funds granted to 
political parties.
    The Citizenship Act requires all citizens with a claim to dual 
citizenship to renounce their claim to foreign citizenship under the 
laws of the foreign country by January 2002 to retain their citizenship 
and the right to vote. The Act also revokes the citizenship of persons 
who fail to return to the country in any 5 year period. Legal rights 
groups described the legislation and regulations as a government 
attempt to disenfranchise citizens of perceived opposition leanings; 
the more than 500,000 commercial farm workers, many of whom have 
origins in neighboring countries; and the approximately 30,000 mostly 
white dual nationals. Many persons with dual citizenship experienced 
difficulty complying with the regulations because many other countries 
do not provide procedures for repudiating citizenship. The Citizenship 
of Zimbabwe Amendment Act of 2003, which went into effect early in the 
year, removes the renunciation requirement for persons born in the 
country with parents from SADC countries or who were born in SADC 
countries with parents from Zimbabwe.
    There was perceived widespread corruption in government. Government 
efforts to combat corruption were selective and generally seen as 
politically motivated. Targeted persons, including senior ZANU-PF 
Central Committee member James Makamba and Finance Minister Christopher 
Kuruneri, were often charged with externalizing foreign currency, which 
was a common practice among the political and business elites (see 
Section 1.d.).
    In June 2003, the President announced that any official who used 
his or her official position to acquire more than one farm under land 
reform must surrender all but one. The Presidential Land Resettlement 
Committee, chaired by Minister for Lands, Land Reform, and Resettlement 
John Nkomo attempted to recover the excess properties, but the 
committee reported during the year that most officials found ways to 
keep multiple farms.
    The Government stated that the AIPPA was intended to improve public 
access to government information; however, the law contains provisions 
that restrict freedom of speech and press, and these elements of the 
law were the ones the Government most enforced.
    There were 16 women in the 150 seat Parliament, including the 
Deputy Speaker of Parliament, and there were 4 female ministers and 1 
female deputy minister in the Cabinet. In addition, there was one 
female governor. Women participated in politics without legal 
restriction; however, according to local women's groups, husbands, 
particularly in rural areas, commonly directed their wives to vote for 
the husband's preferred candidates. The ZANU PF congress allotted women 
1 out of every 3 party positions and reserved 50 positions for women on 
the party's 180 member Central Committee, which was one of the party's 
most powerful organs.
    There were 7 members of minority groups in the Cabinet, including 
Vice President Joseph Msika. There were 33 members of minority groups 
in the 150-seat Parliament, including 29 Ndebele, 3 whites, and 1 
Tonga.
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 
in the country with government restrictions, investigating and 
publishing their findings on human rights cases. The Government 
monitored their activities closely and was generally unresponsive to 
their concerns.
    The Non-Governmental Organizations Bill replaces the Private and 
Voluntary Organizations Act. The NGO Bill requires a much more rigorous 
process of registering, requires that NGOs open their financial records 
to a government-appointed NGO council, and prohibits activities related 
to human rights and governance if the organization is foreign or 
receives funding from outside of Zimbabwe. Despite an adverse report 
from the committee in Parliament that evaluates the constitutionality 
of all bills, Parliament passed the bill on December 9. The President 
still had not signed the Bill by year's end.
    Domestic NGOs worked on human rights and democracy issues, 
including lobbying for revision of POSA and AIPPA, increasing poor 
women's access to the courts, constitutional and electoral reform, 
raising awareness of the abuse of children, conducting voter education, 
preserving the independence of the judiciary, and eliminating torture, 
arbitrary detention, and restrictions on freedom of the press and 
assembly. The Zimbabwe Human Rights NGO Forum continued to take the 
lead in coordinating reports on human rights violations and abuses.
    Several NGOs reported difficulties in carrying out their programs 
in rural areas. Rural district councils began implementing ``the NGO 
policy,'' although the NGO bill was still in draft. The councils were 
requiring that NGOs working in their districts register with the 
council, seek a council resolution authorizing their operations, seek 
clearance from the provincial governor, and establish a memorandum of 
understanding with the relevant ministry.
    The Government canceled a U.N. food assessment, and instructed all 
international donors and NGOs to cease general feeding programs because 
the Government claimed there would be a surplus of food. NGOs were only 
permitted to operate targeted programs, such as school feeding 
programs.
    During the year, the Government closed down some of the HIV/AIDS 
programs run by NGOs and churches.
    NGO members were arrested or detained during the year, often in 
connection with demonstrations or marches (see Section 2.b.).
    The Government harassed some NGOs it believed were opposed to 
government policies with raids on their offices, inquiries into their 
activities, and obstacles to renewing work permits of foreign 
employees. For example, police raided the NCA and WOZA offices multiple 
times during the year and removed records and pamphlets and posters. 
Police usually kept the confiscated material, and no charges were 
brought against the organizations.
    The Government continued to obstruct the activities of 
organizations involved in humanitarian activities. In September, the 
U.N. Resident Representative and Humanitarian Coordinator announced 
that the Government had requested that the U.N. close its relief and 
recovery unit, which focused on coordinating humanitarian activities. 
Several international NGOs reported that they were having difficulties 
renewing Temporary Employment Permits for their international staff.
    In July, the African Union (AU) suppressed a report by the African 
Commission on Human and People's Rights (ACHPR), which reports to the 
AU, based on a human rights fact-finding mission the ACHPR performed in 
the country in June 2002. The report, which contained allegations of 
government complicity in or acquiescence to a wide range of rights 
abuses, including torture and arbitrary arrest of opposition M.P.s and 
human rights lawyers, was due to be presented to an Executive Council 
meeting in July, but the Executive Council chose not to release it when 
Foreign Minister Stan Mudenge objected that the Government had not been 
given the opportunity to review the report.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The Constitution provides that ``every person in Zimbabwe'' cannot 
be deprived of fundamental rights, such as right to life, liberty, and 
security of person, based on his race, tribe, place of origin, 
political opinions, color, creed, or sex; however, the Constitution 
allows for discrimination, primarily against women, on the grounds of 
``customary law.'' Domestic violence and discrimination against women, 
abuse of children, and discrimination against persons with disabilities 
remained problems. The Government and ruling party discriminated 
against the white minority in areas of due process, foreign travel, and 
property ownership.

    Women.--Domestic violence against women, especially wife beating, 
continued to be a serious problem and crossed all racial, ethnic, and 
economic lines. The Musasa Project, which sought to empower abused 
women through support groups and counseling, saw a steep rise in its 
counseling service from 3,259 in 2001 to 4,338 in 2002, and the trend 
continued during 2003 and during the year. There is no legislation that 
specifically addresses domestic abuse. Authorities often condoned wife 
beating. Musasa Project and the Women's Coalition reported that wife 
killings remained a problem during the year.
    The Sexual Offenses Act (SOA) makes nonconsensual sex among married 
partners a crime. The Act provides penalties for up to 10 years in 
prison for sexual crimes. It also defines sexual offenses as rape, 
sodomy, incest, indecent assault, or an immoral or indecent act with a 
child or person with mental disabilities.
    There continued to be reports of rape, incest, and sexual abuse of 
women. Many cases were not reported because of the social stigma 
attached to the crimes and wives' fear that husbands would disown them. 
Approximately 1,100 rapes were reported in Harare in 2002. Although the 
Government refused to supply figures for 2003 and 2004, the rates were 
reportedly higher than in 2002. Human Rights NGO Forum reported two 
cases of politically motivated rape during the year; human rights 
groups estimated that the actual number of politically motivated rapes 
may be much higher (see Section 1.c.). Growing evidence suggested that 
authorities took little action to address rapes at National Youth 
Service Camps. Musasa Project ran a shelter and a support group for 
abused women.
    Police had little training in investigating domestic abuse, and it 
was usually treated like any other case of common assault or not 
investigated to respect the ``privacy of the home.'' If police became 
involved, perpetrators were often leveled a minimal fine. When cases 
went to court, lengthy sentences for rape and wife beating generally 
were imposed; however, women faced many obstacles in filing reports of 
rape due to the lack of police training. A ``binding over'' order (an 
order to appear in court to respond to an accusation of violent 
behavior) was issued based only on actual physical abuse and not on 
threats of violence. Courts also did not have the power to oust an 
abusive spouse from a couple's home. Systemic problems and lack of 
education often meant that police did not respond to women's reports or 
requests for assistance.
    Unlike previous years, there were no reports of sexual abuse of 
female refugees.
    Prostitution is illegal; during the year, there were numerous media 
reports regarding concerted efforts by police to halt prostitution in 
the city center. Police arrested both prostitutes and their clients, 
and the government-sponsored Herald newspaper published the names of 
arrestees.
    There are laws aimed at enhancing women's rights and countering 
certain traditional practices that discriminate against women; however, 
women remained disadvantaged in society. Illiteracy, economic 
dependency, and prevailing social norms prevented rural women in 
particular from combating societal discrimination. Despite legal 
prohibitions, women still were vulnerable to entrenched customary 
practices, including the practice of pledging a young woman to marriage 
with a partner not of her choosing and the custom of forcing a widow to 
marry her late husband's brother.
    The law recognizes women's right to own property independently of 
their husbands or fathers. Although unmarried women may own property in 
their own names, women married under customary law are not allowed to 
own property jointly with their husbands. The Administration of Estates 
Amendment Act makes inheritance laws more favorable to widows; however, 
the Constitution allows discrimination against women under customary 
law and provides that a man's claim to family inheritance takes 
precedence over a woman's, regardless of the woman's age or seniority 
in the family. For example, in the event of a man's death, the 
brother's claim to the inheritance takes precedence over the deceased's 
wife. In March, the Supreme Court ruled that, according to customary 
law, women's rights to inheritance, ownership of property, and custody 
of children were inferior to men's. ``The woman's status is basically 
the same as that of any junior male in the family, or a teenager,'' the 
Court stated in its judgment, which disinherited Vania Magaya, 52, of 
her father's estate in favor of her younger half-brother. Divorce and 
maintenance laws were favorable to women, but women generally lacked 
awareness of their rights under the law.
    According to a government land audit, approximately 17.2 percent of 
resettled land was allocated to women by 2003, although they comprised 
nearly 80 percent of the rural population. Authorities sometimes asked 
married women who were allocated land to register the land in their 
husband's names.
    Although labor legislation prohibits sexual harassment and 
discrimination in employment on the basis of gender, women were 
concentrated in the lower echelons of the workforce and commonly faced 
sexual harassment in the workplace.
    The Ministry of Youth Development, Gender, and Employment did 
little to advance the cause of women. The Government gave qualified 
women access to training in the military and national service. Although 
there have been advances for women within the armed forces, they 
continued to occupy primarily administrative positions.
    Several active women's rights groups concentrated on improving 
women's knowledge of their legal rights, increasing their economic 
power, combating domestic violence, and protecting women against 
domestic violence and sexual transmission of HIV/AIDS.

    Children.--The Government's commitment to children's rights and 
welfare remained weak during the year. The Government completed a 
National Plan of Action for Orphans and Vulnerable Children (NPA for 
OVC), which is designed to ensure that orphans and vulnerable children 
are able to access education, food, health services, and birth 
registration and are protected from abuse and exploitation through 
coordinated efforts by government and civil society; however, the NPA 
for OVC had not been instituted by year's end because it did not have a 
budget. Children, especially those in the rural areas but also an 
increasing number of urban dwellers, suffered greatly. Although 
legislation was in place to protect children's rights, it was difficult 
to administer and enforce.
    There was no compulsory education, and schooling was not free. 
School fees continued to increase during the year, and enrollment 
declined. Many families could not afford to send all of their children 
to school. According to the 2002 census data and age specific 
population distributions, roughly 72 percent of school age children 
attended school. The highest level achieved by most students was 
primary level education. The Government continued a program of social 
welfare grants for needy children, including funds to assist them with 
their education; however, it was underfunded and corruption undermined 
the beneficiary selection process. The members of selection committees 
in some communities gave grants to their relatives and friends and 
denied them to the children of opposition supporters.
    In most regions of the country, fewer girls than boys attended 
secondary schools. If a family was unable to pay tuition costs, it most 
often was female children who left school. The literacy rate for women 
and girls over the age of 15 was estimated to be 80 percent, while the 
male rate was approximately 90 percent.
    The Government sometimes ordered that students entering college, 
teacher training schools, or the civil service must present a diploma 
from one of the National Youth Service training camps (see Section 
6.d.). The stated purpose of the training camps was to instill a sense 
of pride in the youths, highlight the history of the struggle for 
independence, and develop employment skills; however, a Parliamentary 
committee conducted an investigation into conditions at camps and found 
that conditions were poor, trainees were subjected to political 
indoctrination, and there was no real vocational training.
    Child abuse, including incest (long a taboo), infanticide, child 
abandonment, and rape continued to be problems during the year. The 
Parents and Family Support Network, a local NGO, reported that one in 
three children in the country was at risk of physical or emotional 
abuse. Another local NGO said that reports of child sexual abuse had 
increased to nearly 4,000 between January and August, up from 1,500 for 
all of 2003.
    Incidents of witchcraft-related child deaths and mutilations were 
on the rise during the year. Newspapers reported several instances of 
missing children being found murdered with body parts missing, which 
led police to suspect the murders were related to witchcraft. The 
perpetrators believed that the body parts of young children would bring 
good luck. Newspapers reported that persons starting new businesses in 
particular would pay for ritual murders to bring luck to their 
ventures.
    Musasa Project worked closely with the Ministry of Youth 
Development, Gender, and Employment Creation to investigate allegations 
of rape at the Government's National Youth Service training camps. 
Musasa believed that the girls who were subjected to abuse remained 
silent out of fear of retribution. Many girls came to the camps because 
of the economic suffering in the country. In addition, members of 
government-sanctioned militias gang raped adolescent girls as young as 
12.
    The traditional practice of offering a young girl in marriage as 
compensatory payment in interfamily disputes continued during the year. 
Arranged marriage of young girls also continued during the year.
    Local and regional NGOs had some reports of trafficking of children 
(see Section 5, Trafficking).
    There were continuing reports of child prostitution (see Section 5, 
Trafficking).
    Child labor was a problem (see Section 6.d.).
    The SOA makes it a crime to infect anyone knowingly with HIV/AIDS, 
and the Government prosecuted some individuals for the crime. 
International experts estimated that HIV/AIDS infected one quarter of 
the adult population and killed approximately 3,000 persons every week. 
According to an international NGO working with AIDS orphans, deaths 
from HIV/AIDS left 980,000 orphans by year's end, and the number was on 
the rise. Government funded and private orphanages were filled to 
capacity, and the number of street children or those living in adoptive 
homes continued to rise dramatically and visibly during the year and 
was expected to put a tremendous strain on both formal and traditional 
social systems.
    At the household level, there was an increased burden on the 
extended family, which had traditional responsibility for caring for 
orphans. AIDS orphans comprised nearly one-tenth of the country's 
population. Many grandparents were left to care for the young, and in 
some cases, children or adolescents headed families and were forced to 
work to survive. AIDS orphans and foster children were at high risk for 
child abuse. Some children were forced to turn to prostitution as a 
means of income. According to local custom, other family members 
inherit before children, leaving many children destitute. Many of these 
children are unable to obtain birth certificates, which then prohibits 
them from accessing social services.
    At the provincial and national levels, the governments faced 
increasing demands for community orphan projects, orphanages, health 
care, and school fees. Monies from a universal AIDS levy automatically 
deducted from the paychecks of all formal sector wage earners have been 
allocated through the National Aids Council to District Action 
Committees for some specific programs, including orphan assistance, 
income generating projects for children or orphans of AIDS patients, 
research for identifying orphan needs and problems and, through the 
Basic Education Assistance Module (BEAM), for school expenses; however, 
BEAM paid no school fees for these children during the year.
    Several active children's rights groups concentrated on promoting 
the well being of children, including protection against child abuse, 
and advocating for children's rights.

    Trafficking in Persons.--No laws specifically address trafficking 
in persons, and there continued to be infrequent reports that persons 
were trafficked, particularly women and children, from and through the 
country to South Africa for prostitution and forced labor. Common law 
prohibits abduction and forced labor, and the SOA makes it a crime to 
transport persons across the border for sex. Traffickers also can be 
prosecuted under other legislation, such as immigration and abduction 
laws. The primary government authority to combat trafficking is the 
ZRP, which relied on NGOs to alert them to any cases.
    The SOA provides for a maximum fine of $5.60 (Z$35,000) or 
imprisonment of up to 7 years for those convicted of prostituting 
children under 12 years of age. It also provides for a maximum fine of 
$8.06 (Z$50,000) and a maximum prison sentence of 10 years for 
``procuring another person to become a prostitute and have sex whether 
inside or outside Zimbabwe.'' However, the Act had little impact on the 
status of children.
    A few NGOs, including South Africa based Molo Songololo, Harare 
based Save the Children Norway-Zimbabwe, and Connect had some reports 
of both trafficking and child prostitution. Trafficking in children 
occurred only in isolated instances. Prostitution was on the increase 
with more female pimps and male prostitutes. There were reports that 
women and children were internally trafficked to southern border towns 
for commercial sexual exploitation, as well as to South Africa. Save 
the Children Norway-Zimbabwe conducted a study at border areas and 
found children were sometimes sexually abused by police or immigration 
officials when they were being deported back to the country from 
Botswana or South Africa. There were unconfirmed reports that girls 
trafficked from Malawi to South Africa sometimes transited the country.
    The Government funds no protection activities for victims, and no 
NGOs have programs specifically designed to work with trafficking 
victims. No specific victims of trafficking were identified during the 
year. A trafficked person had the option to take his or her case before 
the victim friendly courts; however, no cases were filed during the 
year.

    Persons With Disabilities.--The law specifically prohibits 
discrimination against persons with disabilities in employment, in 
access to public places, or in provision of services; however, in 
practice the lack of resources for training and education severely 
hampered the ability of persons with disabilities to compete for scarce 
jobs. The law stipulates that government buildings should be accessible 
to persons with disabilities; however, implementation of this policy 
has been slow. NGOs continued to lobby to include albinos in the 
definition of ``disabled'' under the law. Persons with disabilities 
faced harsh customary discrimination. According to traditional belief, 
persons with disabilities were considered bewitched, and reports of 
children with disabilities being hidden when visitors arrived were 
common.
    The Government broadcast a regular prime-time show on state media 
dedicated to promoting awareness of the rights of persons with 
disabilities.

    National/Racial/Ethnic Minorities.--According to government 
statistics, the Shona ethnic group makes up 82 percent of the 
population, Ndebele 14 percent, whites less than 1 percent, and other 
ethnic groups 3 percent. There were low level tensions between the 
African majority and the white minority, between the Shona majority and 
the Ndebele minority, and among the various Shona subgroups.
    Racial tensions have subsided since independence and remained 
relatively low despite the Government's ongoing attempts to blame 
whites for the country's economic and political problems. On many 
occasions, President Mugabe, members of his Government, and the state 
controlled media attempted to reignite resentment of the white 
minority. President Mugabe accused the white minority of having too 
close ties to their ancestral countries. The Government's far reaching 
fast track resettlement program since 2000 has designated most large 
scale, white owned commercial farms for seizure with no clear means for 
providing compensation, and government supporters assaulted commercial 
farmers in their homes and forced hundreds from their property (see 
Sections 1.a., 1.c., and 1.f.). Ruling party supporters seldom were 
arrested or charged for infringing upon minority rights.
    The disproportionate number of Shona-speaking teachers and 
headmasters in Matabeleland schools remained a sensitive issue. Members 
of the Ndebele community continued to criticize the Government's 
unequal distribution of national resources and the Government's failure 
to compensate victims of the 1980s Matabeleland killings of an 
estimated 10,000 to 20,000 Ndebele civilians.

    Other Societal Abuses and Discrimination.--President Mugabe 
publicly denounced homosexuals, blaming them for ``Africa's ills.'' 
Although there is no statutory law proscribing the activities of 
homosexuals, common law prevents gay men, and to a lesser extent, 
lesbians, from fully expressing their sexual orientation and in some 
cases, criminalizes the display of affection between men.
    On August 4, a mob chased members of the Gays and Lesbians 
Association of Zimbabwe (GALZ) from the GALZ stand at the Zimbabwe 
International Book Fair. A group of youths approached GALZ officials at 
the stand and threatened to beat them, after which the GALZ members 
fled.
    The Government has a national HIV/AIDS policy that prohibits 
discrimination against persons living with HIV/AIDS, and the law aims 
to protect against discrimination of workers in the private sector and 
parastatals; however, societal discrimination against persons affected 
by HIV/AIDS remained a problem. Despite an active information campaign 
by international and local NGOs and the Government through its Ministry 
of Health and the National AIDS Council to destigmatize HIV/AIDS, 
ostracism and condemnation of those affected by HIV/AIDS continued.

    Incitement to Acts of Discrimination.--Throughout the year, 
government controlled newspapers, radio, and television stations 
continued to selectively vilify citizens of European ancestry and to 
blame them for the country's problems. Materials used at National Youth 
Service Camps identified enemies of the state in racist terms and 
demonized whites. During a cash shortage in 2003, the government 
controlled newspapers often accused Asians of hoarding millions of 
dollars to the detriment of the economy.
Section 6. Worker Rights
    a. The Right of Association.--The Labor Relations Amendment Act 
(LRAA) provides private sector workers with freedom of association and 
the right to form or join unions without prior authorization, and 
workers exercised these rights; however, some pro-Zanu-PF employers 
declared their shops off-limits to the Zimbabwe Congress of Trade 
Unions (ZCTU), the national umbrella labor confederation. The LRAA 
allows members of the Public Service, as well as other government 
employees (with the exception of members of the Disciplined Services) 
to form and join unions; however, the Act also retains a prohibition of 
strikes by disciplined and ``essential services'' (see Section 6.b.). 
Employees in positions designated as managerial were excluded from 
general union membership.
    At the end of 2003, approximately 25 percent of the formal sector 
work force belonged to the 31 unions that form the ZCTU. During the 
year, approximately 65 percent of industries were unionized.
    The Government and the ZCTU regularly clashed sharply over economic 
policy. The Government often did not consult with either the ZCTU or 
employers before implementing policy decisions that affected the 
workplace, which disrupted labor relations, but the Tripartite 
Negotiating Forum (TFN) resumed (see Section 6.b.). During the year, 
the Government openly targeted the ZCTU, declaring it aligned with the 
opposition MDC. The Government arrested and detained ZCTU leaders at 
various labor rallies during the year.
    The Zimbabwe Federation of Trade Unions (ZFTU), a government-
created alternative labor body, continued to work closely with ZANU PF. 
ZFTU created splinter unions in each sector of the economy, with some 
sectors containing up to five splinter unions. In addition to fostering 
confusion among workers, splinter unions forced existing unions to 
spend scarce resources guarding against declining membership. The 
splinter unions did not bargain collectively, handle worker complaints, 
or provide worker education. ZANU PF/ZFTU again sponsored May Day 
commemorations during the year and attendance at the ZFTU's event was 
much higher than the previous year. However, ruling party supporters 
assaulted organizers of ZCTU May Day festivities, beating one person 
severely.
    The LRAA prohibits discrimination by employers against union 
members; however, in practice, union members faced discrimination and 
harassment. For example, ZCTU President Lovemore Matombo was dismissed 
from his job at the postal service, for attending a union conference in 
the Sudan. ZCTU appealed the dismissal on the grounds that management 
did not follow its own procedures, but Matombo had not been reinstated 
by year's end. Complaints of such discrimination were handled by a 
Labor Court under the mechanism for resolving cases involving ``unfair 
labor practices.'' The determining authority may direct that workers 
fired due to anti union discrimination should be reinstated, although 
this did not happen in practice.
    On October 25, a delegation of the Congress of South African Trade 
Unions (COSATU) visited Harare on a fact-finding mission. After being 
delayed by immigration at Harare International Airport for 2 hours, the 
delegation was admitted to the country. The delegation intended to hold 
meetings with both parties, civil society, and ZCTU. On October 26, 
while the delegation was in a meeting with ZCTU representatives, police 
and immigration officials broke up the meeting and detained the 
delegation pending a decision by the Cabinet, which subsequently 
decided to deport the group. Immigration officials drove the delegation 
members overnight to the Beitbridge border where they were left.
    There were no reports of any other labor organizations being denied 
entry or being deported.
    The International Labor Organization (ILO) continued to criticize 
the Government for ongoing interference with the unions' freedom of 
association.

    b. The Right to Organize and Bargain Collectively.--The LRAA 
provides workers with the right to organize and permits unions to 
bargain collectively over wages and conditions of employment and 
workers exercised this right in practice; however, government 
harassment of union leaders and interference by ZFTU sometimes made 
such negotiations difficult. Collective bargaining agreements applied 
to all workers in an industry, not just union members. The ZCTU 
rejoined the Tripartite Negotiating Forum (TNF) discussions, which 
included representatives of Government, labor, and business, after the 
Government acceded in principle to certain demands by the labor body.
    The Minister of Labor retained the power to veto agreements that he 
believed would harm the economy; however, he did not involve himself 
directly in labor negotiations unless requested to do so by one of the 
parties. When no trade union represented a specific sector, 
representatives of the organized workers, such as the professional 
associations, met with the employer associations, under the mediation 
of labor officers from the MPSLSW. Some employment councils had yet to 
reach an agreement or were deadlocked awaiting court-supervised 
arbitration at year's end.
    Employees in positions designated as managerial were excluded from 
the collective bargaining process.
    The Government continued to use POSA as an excuse for limiting 
unions' abilities to meet with and consult their constituencies. For 
example, unions were prevented from holding meetings with their 
memberships, sometimes with heavy police presence and under threat of 
arrest. Although the High Court ruled in 2002 that police could not 
monitor ZCTU meetings, the police did not respect that judgment and 
continued to monitor ZCTU meetings.
    There is no right to strike in the Constitution. Although the LRAA 
explicitly recognizes this right, it has been circumscribed with 
procedural hurdles including advance notice of 14 days, attempt for 
conciliation for 30 days, and possible mandatory referral to binding 
arbitration. The Act prohibits ``essential services'' employees from 
striking on the grounds that it ``endangers immediately the life, 
personal safety or health of the whole or any part of the public.'' The 
law defines essential services broadly and includes: Fire personnel, 
employees engaged in the supply and distribution of water, employees 
providing some veterinary services, revenue agents at ports of entry, 
persons in the health care field, transport and communications 
employees, railway engineers, licensed electricians, and broadcast 
personnel during a state of emergency. The law also allows that ``any 
nonessential service may be declared an essential service by the 
Minister if a strike in a sector, service industry, or enterprise 
persists to the point that the lives, personal safety or health of the 
whole or part of the population is endangered,'' and labor groups were 
concerned this could negatively impact them. In practice, the 
Government harassed and arrested union leaders who called for strikes 
and union members who attempted to participate in strikes.
    The ICFTU criticized government harassment of unions during the 
year.
    Managers also were prohibited from striking, and, in some 
industries, the Government defined most employees as managers. For the 
remaining nonessential employees legally to conduct a strike, more than 
50 percent of the company's employees must vote in favor of the action. 
If a majority voted to strike, the dispute was referred to a labor 
officer, who was given the mandate to attempt mediation for at least 30 
days. If mediation was unsuccessful and if the employees were engaged 
in an ``essential service,'' and the dispute was a dispute of right 
(i.e., interpretation of the collective bargaining agreement, not wages 
or conditions of work), either side could refer the dispute to a 
government appointed arbitrator. If the employees were not engaged in 
an essential service, the labor officer could refer the case to 
arbitration if he or she obtained the permission of both parties, or if 
the dispute was a dispute of right. Employees could only strike after 
the arbitration process was concluded unsuccessfully, and a subsequent 
14 day notification process of the intent to strike was concluded. 
However, workers protesting health and safety standards or lack of 
equipment may strike without the notification and arbitration 
procedure.
    These government imposed delays prevented most employees and their 
unions from ever declaring legal strikes; there were limited labor 
actions during the year, including strikes at the national telephone 
company and at several golf courses.
    No action was taken against security forces who tortured the 
Secretary General of the ZCTU in 2002, or against ZFTU members who beat 
persons during a strike in May 2002.
    ZCTU members were arrested during the year. For example, in 
February, four members of the ZCTU Western Regional Committee were 
detained by police on a rumor that the ZCTU was organizing a stay-away 
that day. The four were interrogated about their involvement in 
organizing the stay-away and later released without any charges. The 
police threatened to re-arrest them if it turned out that some form of 
action had been organized by the ZCTU.
    The Export Processing Zones Act states the LRA shall not apply to 
workers in export processing zones (EPZs); however, according to the 
ZCTU, employers generally applied the same wages and standards in the 
EPZs as in the general economy. The ZCTU has negotiated directly with 
EPZ employers to allow some unions in the EPZ, although their number 
and level of activity remained low.

    c. Prohibition of Forced or Compulsory Labor.--The law prohibits 
forced or compulsory labor, including by children; however, there were 
reports that such practices occurred (see Sections 5 and 6.d.). The 
traditional practice of offering a young girl in marriage as 
compensatory payment in interfamily disputes continued in rural areas 
(see Section 5).

    d. Prohibition of Child Labor and Minimum Age for Employment.--
Under the LRAA, child labor is punishable by a maximum fine of $5 
(Z$30,000), 2 years' imprisonment, or both and forced labor is 
punishable by an undefined fine, 2 years' imprisonment, or both; 
however, child labor was common. Under the LRAA, a child between the 
ages of 13 and 15 can work as an apprentice or if the work is an 
integral part of (or in conjunction with) ``a course of training or 
technical or vocational education.'' The law further states that no 
person under 18 shall perform any work likely to jeopardize that 
person's health, safety, or morals. The status of children between 15 
and 18 years of age is not directly addressed, but 15 years of age is 
still the minimum for light work, work other than apprenticeship, or 
work associated with vocational education.
    According to the 2000 National Child Labor Survey, approximately 25 
percent of children between the ages of 5 and 17 were involved in some 
form of labor. The unemployment rate continued to grow, with some 
estimates as high as 80 percent, decreasing the number of children 
employed in the formal sector; however, the incidence of children 
working in the informal sector continued to increase as more children 
worked to fill the income gap left by ill, unemployed, or deceased 
relatives. Children often lacked access to necessary safety equipment 
and training. Children worked in the agricultural sector, and there 
were reports that children worked as domestics and as car watchers. As 
a result of the land redistribution program, there were fewer instances 
of child labor on commercial farms. Many children sold simple wares on 
the streets; others worked in the growing illegal gold panning 
industry. In addition, there were reports of an increasing number of 
girls engaged in prostitution. Although child labor in the 
agricultural, domestic, and informal sectors increasingly was 
discussed, the Government and NGOs were unable to gather concrete data 
on the number of cases.
    Several NGOs reported instances of children working. Child 
Protection Society reported that new farmers used children as cheap 
labor because they could not complain about working conditions. UNICEF 
reported children working as independent contractors so employers could 
evade the appearance of employing children. Zimbabwe Domestic and 
Allied Workers Union observed employers bringing children from their 
rural homes to work as domestics with parental consent. Save the 
Children Norway-Zimbabwe reported that sugar businesses along the 
Mozambique border at Catiyo used children to sell sugar across the 
border, often with the complicity of their parents. Children in the 
sugar business were paid less than adults and did not attend school. 
Save the Children Norway-Zimbabwe also reported children working on tea 
estates, which sent children to school in the morning and to work in 
the afternoon and evening.
    Nonpayment of wages occurred mostly in the domestic worker sphere 
where some employers believed they were doing a child from a rural home 
a favor. In addition, employers paid the parents for the child's work. 
Relatives often used AIDS-orphaned children as domestics without pay. 
There were also unconfirmed reports that police rounded up street 
children and took them to work on a farm without pay.
    Few new government initiatives to prevent child labor were 
implemented. The Ministry of Labor and Social Welfare promoted its BEAM 
and Children in Difficult Circumstances (CDC) programs, which were 
designed to pay for school fees (BEAM) and other items such as uniforms 
and books (CDC) for children who could not afford to go to school. 
Fewer than 18 percent of children benefited from this program. The 
Central Statistics Office conducted a labor survey; however, the 
results were not released by year's end.

    e. Acceptable Conditions of Work.--There is no national minimum 
wage, except for agricultural and domestic workers. Government 
regulations for each of the 22 industrial sectors continued to specify 
minimum wages, hours, holidays, and required safety measures; however, 
the minimum wage did not provide a decent standard of living for a 
worker and family, and approximately 80 percent of the population lived 
below the Government's poverty line. Due to an ineffective monitoring 
system, many agricultural and domestic workers were remunerated below 
the minimum wage.
    Minimum wages in the formal sector changed continuously as a result 
of multiple increases in salaries to offset the high inflation rate. 
Domestic worker minimum wages were specifically separated from others; 
in July, the following monthly minimum wages were published: Gardener, 
$14.79 (Z$83,000); cook/housekeeper, $13.39 (Z$90,300); child or 
disabled minder, $17.62 (Z$109,245); and child or disabled minder with 
Red Cross certification, $21.14 (Z$131,094). The minimum wage did not 
provide a decent standard of living for a worker and family.
    The maximum legal workweek is 54 hours, and the law prescribes a 
minimum of one 24 hour rest period per week. In addition, no worker is 
allowed to work more than 12 continuous hours. The Constitution 
provides the Public Service Commission with the authority to set 
conditions of employment in the public sector.
    Many of the basic legal protections did not apply to the vast 
majority of farm, mine, and domestic workers. Health and safety 
standards were determined on an industry specific basis. The National 
Social Security Authority (NSSA) reported an increase during the year 
in the number of fatal accidents in the construction, electrical, and 
telecommunications industries and cited unskilled contract personnel 
performing jobs formerly done by professionals. Labor relations 
officers from the MPSLSW were assigned to monitor developments in each 
plant to ensure that government minimum wage policy and occupational 
health and safety regulations were observed; however, in practice these 
offices were understaffed, could not afford to inspect workplaces 
routinely, and relied on voluntary compliance and reporting by 
employers.
    The Government designated the Zimbabwe Occupational Safety Council, 
a quasi governmental, advisory body comprised of six representatives 
each from the Government, employers, and trade unions, to regulate safe 
work conditions; however, budgetary constraints and staffing shortages, 
as well as its status as an advisory council, made the council 
ineffective. The NSSA continued to experience difficulty monitoring the 
thousands of work sites across the country; however, it continued to 
close down shops and factories not in compliance. Although workers have 
a legal right to remove themselves from dangerous work situations 
without jeopardy to continued employment, in practice they risked the 
loss of their livelihood if they did so.

                               __________

                       EAST ASIA AND THE PACIFIC

                              ----------                              


                               AUSTRALIA

    Australia is a constitutional democracy with a federal 
parliamentary government. Citizens periodically choose their 
representatives in free and fair multiparty elections. John Howard 
began his fourth consecutive term as Prime Minister in October; his 
Liberal and National Party Coalition Government held 87 of the 150 
seats in the lower house of the Federal Parliament. The judiciary is 
independent.
    The Federal Justice Ministry oversees Australian Federal Police 
(AFP) activities, while the state police forces report to the 
respective state police ministers. The civilian authorities maintained 
effective control over the security forces. There were occasional 
reports that police committed human rights abuses.
    The country has a mixed, highly developed, market based economy. 
Its population was approximately 20.1 million as of June. Per capita 
gross domestic product growth was 3.2 percent for the 12 month period 
ending September 30. Wages and benefits growth generally exceeded 
inflation. Strong regional demand for the country's mineral exports 
largely offset the dampening economic effects of low agricultural 
production due to a prolonged nationwide drought and the appreciating 
Australian dollar.
    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. There were occasional reports that police and prison 
officials abused persons in custody. Human rights organizations, 
refugee advocacy groups, and opposition politicians continued to 
express concern about the impact of prolonged mandatory detention on 
the health and psychological well being of asylum seekers. Societal 
violence and discrimination against women, discrimination against 
Aboriginal people, and trafficking in persons also were problems that 
the Government was taking steps to address. Some leaders in the ethnic 
and immigrant communities and opposition political party members 
expressed continued concern about instances of vilification of 
immigrants and minorities. There was ongoing criticism of the 1996 
Federal Workplace Relations Act by domestic labor unions and the 
International Confederation of Free Trade Unions, particularly in 
regard to the law's curbs on trade unions, restrictions on strike 
action, and emphasis on individual employment contracts.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Arbitrary or Unlawful Deprivation of Life.--There were no 
reports of the arbitrary or unlawful deprivation of life committed by 
the Government or its agents. However, the Australian Institute of 
Criminology (AIC), an agency of the Attorney General's Department, 
reported that in 2003, 29 persons died in police custody or in the 
process of arrest, 6 fewer than the revised total of 35 in 2002. Police 
shot and killed three persons; all three shootings were found to be 
justifiable. The circumstances of two deaths in police custody were not 
established by year's end. In the remaining cases, 11 deaths were 
attributed to accidents, 9 to self-inflicted injuries, and 4 to natural 
causes. Of seven Aboriginal deaths in police custody, four resulted 
from accidents, two from natural causes, and one from self-inflicted 
injuries.
    During 2003, a Western Australian (W.A.) independent commission 
inquired into allegations of police corruption and criminal conduct, 
including the unresolved 1988 death in police custody of an 18 year old 
youth; Amnesty International (AI) had called for an investigation of 
the death. In March, the commission released its report on the W.A. 
police service, finding no evidence that police had assaulted the 
youth.

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

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The law prohibits such practices; however, there were 
occasional reports that police and prison officials mistreated suspects 
in custody. Some indigenous groups charged that police harassment of 
indigenous persons was pervasive and that racial discrimination by some 
police and prison custodians persisted (see Section 5).
    Prison conditions generally met international standards, and the 
Government permitted visits by independent human rights observers. Each 
state and territory is responsible for managing its own prisons, which 
also house federal prisoners. There are no federal prisons. While 
Aboriginals constituted less than 3 percent of the population, they 
accounted for 20 percent of the prisoner population as of June 2003 
(see Section 5).
    In prisons, men and women were held separately; conditions were the 
same for both. Pretrial detainees generally were segregated from 
convicted prisoners. Juvenile offenders under age 17 generally were 
incarcerated in youth detention or training centers but could be 
sentenced to custody in an adult prison upon conviction of a serious 
criminal offense such as homicide. In immigration detention facilities, 
children were held with adults, most often family members (see Section 
2.d.).
    According to the AIC's annual report on prison deaths, 39 persons 
died in prison custody in 2003. Of these, 20 deaths were attributed to 
self-inflicted injuries and 17 to natural causes. The remaining two 
deaths were categorized as ``unlawful homicides'' (murder or 
manslaughter). The report did not distinguish between prisoner-
instigated and guard-instigated homicides.
    In 2003, a foreign fisherman died after being detained by 
authorities for weeks aboard a boat in the Darwin harbor. In March, the 
Northern Territory (N.T.) coroner found that, although the man died 
from natural causes, the facilities on the boat where he was held were 
inadequate and hampered the provision of emergency medical treatment. 
In December, the Government announced that it would cease its practice 
of detaining on their boats fishermen found illegally fishing in the 
country's waters.

    d. Arbitrary Arrest or Detention.--The law prohibits arbitrary 
arrest and detention, and the Government generally observed these 
prohibitions.
    Each of the country's six state and two territorial jurisdictions 
has a separate police force, which enforces state and territorial laws. 
The Federal Police enforce Commonwealth laws. The police forces 
generally do not have problems with corruption and impunity. State and 
territorial police forces have internal affairs units that investigate 
allegations of misconduct, and a civilian ombudsman's office that 
either can review an investigation upon request of the complainant or 
initiate its own inquiry into a complaint.
    Police officers may seek an arrest warrant from a magistrate when a 
suspect cannot be located or fails to appear; however, they also may 
arrest a person without a warrant if there are reasonable grounds to 
believe the person has committed an offense. Police must inform 
arrested persons immediately of their legal rights and the grounds for 
their arrest. The arrested person must be brought before a magistrate 
for a bail hearing at the next sitting of the court. Bail generally is 
available to persons facing criminal charges unless the person is 
considered to be a flight risk or is charged with an offense carrying a 
penalty of 12 months' imprisonment or more. Attorneys and families were 
granted prompt access to detainees.
    Unlike in past years, there were no reports of the indefinite 
detention, while awaiting deportation, of immigrant felons who already 
had completed their sentences.
    In April 2003, the Federal Court of Australia ruled that continued 
detention of asylum seekers when there was no real likelihood of the 
detainee being removed was unlawful; however, in August, the High Court 
overturned the Federal Court decision, ruling that the Government had 
the authority to detain asylum seekers, including children, 
indefinitely (see Section 2.d.). During the year, some detainees in 
immigration detention facilities undertook brief hunger strikes to draw 
attention to their prolonged detention (see Section 2.d.).

    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 is divided into federal, state, and territorial 
courts, which handle both civil and criminal matters. The highest 
federal court is the High Court, which exercises general appellate 
jurisdiction and advises on constitutional issues. State and 
territorial supreme, district, and county courts conduct most major 
criminal and civil trials, while the magistrates' and specialists' 
courts (such as the children's court and administrative tribunals) 
adjudicate less serious criminal and civil cases and conduct 
preliminary hearings.
    The law provides for the right to a fair trial, and an independent 
judiciary generally enforced this right. In the state district or 
county courts and the state or territorial supreme courts, there 
generally is a judge and jury. The judge conducts the trial, and the 
jury decides on the facts and on a verdict. Defendants have the right 
to an attorney, and a government funded system of legal aid attorneys 
is available to low-income persons. The defendant's attorney can 
question witnesses, present evidence on the defendant's behalf, and 
access relevant government held evidence. Defendants enjoy the 
presumption of innocence and have the right to appeal the court's 
decision or the sentence imposed.
    There were no reports of political prisoners.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The law prohibits such actions, and the Government 
generally respected these prohibitions in practice.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The law provides for freedom of 
speech and of the press, and the Government generally respected these 
rights in practice 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.
    In December, the Victorian Civil and Administrative Tribunal upheld 
a 2003 complaint by the Islamic Council of Victoria (ICV) that two 
Christian pastors and their ministry had vilified Muslims in 2002; 
however, the court postponed sentencing (see Section 2.c.). The 
defendants maintained that their speech was protected under the 
Constitution.
    The independent media were active and expressed a wide variety of 
views without restriction.
    The Government did not restrict Internet access.

    b. Freedom of Peaceful Assembly and Association.--While the right 
to peaceful assembly is not codified in law, citizens exercised it 
without government restriction.
    There is no explicit right to freedom of association; however, the 
Government generally respected this right in practice.

    c. Freedom of Religion.--The law provides for freedom of religion, 
and the Government generally respected this right in practice.
    On January 5, anti-Semitic slogans were burned into the lawns of 
the Parliament House in the state of Tasmania. Police launched an 
investigation and a public appeal for information; however, they 
subsequently ended their active investigation due to a lack of 
sufficient evidence to make any arrests in the case.
    In February, the Federal Parliament condemned racism against the 
Jewish community following publication of an Executive Council of 
Australian Jewry report that noted a large increase in anti Semitic 
incidents in recent years. The parliaments of the two most populous 
states, New South Wales (N.S.W.) and Victoria, also passed motions 
condemning anti-Semitism. In the 12-month period ending September 30, 
the Council recorded 440 anti-Semitic incidents, a 9 percent decrease 
from the number recorded in the previous 12 months. The incidents 
ranged from property damage and/or assaults (37 reports) to harassment 
and offensive written and electronic media. The Council recorded an 
annual average of 279 incidents since reports were first compiled in 
1989.
    In 2003, the ICV filed a complaint under Victoria's Racial and 
Religious Tolerance Act against two Christian pastors and their 
ministry organization, who it alleged had vilified Muslims. In late 
2003, the Victoria administrative tribunal rejected the defendants' 
argument that the case was outside the tribunal's jurisdiction. In 
December, the tribunal upheld the ICV's complaint, finding that the two 
pastors had presented media about Muslims that was ``essentially 
hostile, demeaning and derogatory of all Muslim people. . .and Muslim 
religious beliefs and practices,'' but the judge postponed sentencing. 
As of year's end, the respondents had not appealed the tribunal's 
decision to a higher court.
    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.
    Neither the Constitution nor the law addresses exile; however, 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. The Government has established a system 
for providing protection to refugees subject to certain geographic and 
time constraints on claims by those who previously sought asylum in a 
safe country of transit. 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.
    The Government sets an annual quota on the number of protection 
grants it makes. In the 12 month period ending June 30, the Government 
granted 13,851 humanitarian class visas, which included an offshore 
resettlement component of 11,802 visas (for persons resettled in the 
country) and an onshore component of 2,049 visas (for persons already 
in the country who were granted asylum). The program's offshore 
component was made up of 4,134 refugees (including 393 grants to women 
found to be at risk in overseas refugee camps) and 7,668 special 
humanitarian grantees. Special humanitarian grantees were displaced 
persons subjected to gross violations of human rights, and whose 
applications were supported by residents or organizations based in the 
country. Of the total number of offshore grants, 71 percent came from 
Africa, 24 percent from the Middle East and Southwest Asia, 3 percent 
from Europe, and 2 percent from other regions.
    Noncitizens arriving at a national border without prior entry 
authorization automatically are detained. Legal assistance is provided 
upon request to detainees making an initial asylum claim or application 
for lawful residence. Individuals may be released pending full 
adjudication of their asylum claim only if they meet certain criteria 
such as old age, ill health, or experience of torture or other trauma. 
However, most did not meet release criteria and were detained for the 
length of the asylum adjudication process. They were either released 
upon receiving asylum and an appropriate visa or removed once it was 
determined that they did not qualify for protection. The Federal 
Government oversaw six immigration detention facilities and one 
residential housing detention facility within the country. During the 
year, asylum seekers intercepted at sea also were housed in offshore 
detention centers, administered by the International Organization for 
Migration with funding from the Government, in Nauru and on Manus 
Island in Papua New Guinea. As of December, onshore detention 
facilities, including Christmas Island, held 951 detainees, and the 
offshore detention facility in Nauru held approximately 80 detainees, 
most of whom had been denied refugee status and were awaiting 
repatriation. In May, the sole remaining occupant of the Manus Island 
center was granted a temporary protection visa and released. The 
Government continued to resettle those detainees granted refugee 
status.
    In 2001, in response to an influx of boats carrying asylum seekers, 
Parliament changed the law to remove retroactively the right of any 
noncitizen to apply for a permanent protection visa (i.e., the right to 
live and work permanently in the country as a refugee) if that person's 
entry was unlawful and occurred in one of several ``excised'' 
territories along the country's northern arc: Christmas Island, Ashmore 
and Cartier Islands, the Cocos Islands, and any sea or resource 
installation designated by the Government.
    Noncitizens who arrive by boat and have their asylum claims 
confirmed are granted a 3 year temporary protection visa (TPV), which 
provides full access to medical and social services but does not 
authorize family reunification or allow travel abroad with reentry 
rights. A permanent protection visa, which gives authority for family 
reunification and reentry rights, may be granted to an applicant at any 
stage of the asylum adjudication process. Denials of asylum claims may 
be appealed on merit grounds to the Refugee Review Tribunal, and on 
grounds of legal error to the Federal Court of Australia and, in 
certain cases, to the High Court. The Minister for Immigration and 
Multicultural and Indigenous Affairs may exercise discretion and grant 
a visa after the asylum seeker has exhausted the review process. In 
July, the Minister invited 9,500 TPV holders to apply for permanent 
visas without requiring them to leave the country to make their 
applications.
    Long delays in processing asylum applications were not a 
significant problem during the year; however, a small number of asylum 
seekers remained in detention, some for years, despite having exhausted 
the appeal process. They could not be returned to their home country 
because they lacked travel documents or could not obtain necessary 
transit visas. In July, the High Court overturned the Federal Court of 
Australia's 2003 ruling that the indefinite detention of asylum seekers 
was unlawful.
    The country's immigration laws and detention policy continued to be 
criticized by human rights and refugee advocacy groups, which charged 
that the sometimes lengthy detentions violated asylum seekers' human 
rights.
    As of July, 59 children were held in onshore immigration detention 
centers, and an additional 33 were held on Nauru. In April, the High 
Court overturned the Family Court's 2003 ruling that, under the U.N. 
Convention on the Rights of the Child, Family Court jurisdiction 
extended to children in detention. In 2003, the Family Court had 
ordered that five Pakistani children should be released from detention 
and placed into the care of a charitable welfare group. Following the 
High Court's April decision, the Immigration Minister deputized the 
charitable group's staff as detention officers so that the children 
could remain in their care.
    In May, the government funded, but independent, Human Rights and 
Equal Opportunity Commission (HREOC) published the findings of its 2 
year investigation into children in immigration detention. The report 
concluded that the country's laws requiring child asylum seekers to be 
held in mandatory immigration detention breached the U.N. Convention on 
the Rights of the Child, to which the country is a party. The 
Government rejected the commission's major findings and recommendations 
as ``unbalanced'' and ``backward looking.''
    There were no reports of the forced return of persons to countries 
where they feared persecution, before their asylum claims were 
considered and rejected. However, in 2003 and during the year, refugee, 
church, and human rights groups expressed concern about the 
Government's practices in repatriating unsuccessful asylum seekers.
    The Government has agreements with a number of countries under 
which unsuccessful asylum claimants may be returned involuntarily to 
their home countries. In 2003, a church human rights and refugee 
advocacy group released an interim report on both voluntary and 
involuntary returnees; it stated that many had disappeared or died in 
their home country. The Government rejected the group's assertions, 
stating that they could not be independently verified. The group also 
raised its allegations during a parliamentary committee meeting in 
2003; however, the committee did not respond. In September, the group 
raised the issue again in its final report on the country's treatment 
of asylum seekers. The Government agreed to consider the report; 
however, a government spokesperson reportedly stated that the group 
appeared to be repeating its 2003 claims, which the Government already 
had rejected.
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 mandatory voting. In October, citizens elected a 
coalition of the Liberal Party and the National Party to a fourth 3 
year term of office. The opposition Australian Labor Party (ALP) won 
all six state and territorial elections held in 2002 and 2003 and was 
reelected to government in Queensland and the Australian Capital 
Territory during the year; at year's end, the ALP controlled all eight 
state and territorial legislatures.
    The federal, state, and territorial governments have freedom of 
information (FOI) laws, which provide the public with access to 
government information. FOI requests generally are subject to both an 
application and a processing fee. Federal law enables a person to 
access and correct inaccurate personal information held by government 
ministries and agencies, and to access other government information 
that has not been exempted to protect essential public interests or the 
private or business affairs of others. An applicant, including foreign 
media, may appeal a government decision to deny a request for 
information to the quasi-legal Administrative Appeals Tribunal (AAT); 
an adverse AAT decision may be appealed to the Federal Court of 
Australia.
    There are no legal impediments to public office for women and 
indigenous people. Both the Government and the opposition have declared 
their intent to increase the numbers of women elected to public office. 
As of October, there were 57 women in the 226 seat Federal Parliament, 
3 female ministers in the 17 member Federal Government Cabinet, and 6 
female ministers in the 30 member Federal Government Ministry. There 
was one woman among the eight Premiers and Chief Ministers of the six 
states and two territories, the Chief Minister of the Northern 
Territory (N.T.).
    Aboriginals generally were underrepresented among the political 
leadership (see Section 5). The sole Aboriginal Senator was not 
reelected in October; his term will expire on June 30, 2005. No 
Aboriginals were elected to the Federal Parliament during the year. In 
2002, an Aboriginal woman was elected to the Tasmanian state parliament 
and another was elected to the N.S.W. state parliament. In 2001, an 
Aboriginal woman was elected to the W.A. state parliament (the first 
indigenous woman to be elected to a state legislature) and four 
Aboriginals, including a woman, were elected to the N.T. legislative 
assembly.
    The first Chinese-born Senator was elected to the Federal 
Parliament in 1998, but did not run for reelection in October; his term 
will expire on June 30, 2005.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    A wide variety of domestic and international human rights groups 
generally operated without government restriction, investigating and 
publishing their findings on human rights cases. The Government in 
general cooperated with human rights groups.
    The government funded, but independent, HREOC investigates 
complaints of discrimination or breaches of human rights under the 
federal laws that implement the country's human rights treaty 
obligations. HREOC resolves complaints in relation to employment, 
provision of goods and services, access to accommodation, and inciting 
racial hatred. Each state and territory has its own antidiscrimination 
board or equal opportunity commission that also resolves complaints of 
discrimination. In the 12 months ending June 30, the number of 
discrimination complaints received by HREOC fell to 1,113, a decrease 
of approximately 10 percent from the 1,271 complaints received in the 
previous 12 month period. Approximately 51 percent of all cases were 
not accepted, either because they did not fall within HREOC's mandate 
or because no discrimination was shown. Another 38 percent were 
resolved through conciliation, and 10 percent were withdrawn before 
action could be taken.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    Federal laws prohibit discrimination based on sex, disability, 
race, color, descent or national or ethnic origin, marital status, or 
age. An independent judiciary and a network of federal, state and 
territorial equal opportunity offices effectively enforced the law.

    Women.--The law prohibits violence against women, including spousal 
rape and abuse; however, violence against women remained a problem. In 
2002, there were 17,850 victims of sexual assault recorded by the 
police. According to the Australian Bureau of Statistics (ABS), sexual 
assaults increased nearly 6 percent compared with 2001; the victims in 
80 percent of the cases were female. In 2002, the sexual assault 
victimization rate was 91 per 100,000 persons, the highest number since 
statistics first were recorded in 1993. Domestic violence was 
particularly prevalent in Aboriginal communities.
    All states and territories except W.A. have enacted legislation 
making it a crime to perform female genital mutilation (FGM) or to 
remove a child from the jurisdiction for the purpose of having FGM 
performed; maximum penalties range from 7 to 21 years' imprisonment. 
The N.S.W. Women's Minister revealed that 40 women had been treated for 
the effects of FGM in the 12 months ending November 30, 2003. There 
were no reports of new cases or prosecutions for the offense during the 
year.
    Prostitution is legal or decriminalized in several states and 
territories, and the governments of Victoria, Queensland, and the 
Australian Capital Territory license brothels operating within their 
borders. However, many brothels operated illegally. In some locations, 
state funded sexual health services employees visited brothels to 
educate workers about sexual health matters and to prevent worker 
mistreatment. Local governments or prostitution licensing authorities 
inspected brothels to assure compliance with planning laws and 
licensing requirements, including health and safety regulations. 
However, government officials faced difficulties enforcing health and 
safety standards in illegal brothels. Trafficking in persons, primarily 
women from Asia, for prostitution was a limited problem (see Section 5, 
Trafficking).
    The Sex Discrimination Act prohibits sexual harassment. The 
independent Federal Sex Discrimination Commissioner, which is part of 
HREOC, undertakes research, policy, and educational work designed to 
eliminate discrimination between men and women.
    According to the HREOC July 2003-June 2004 annual report, sex 
discrimination complaints fell by 7 percent during the reporting period 
compared with the previous reporting period. Of the 353 new cases filed 
during the reporting year, women filed 86 percent and 88 percent were 
employment related.
    The Office for Women (OFW), formerly the Office of the Status of 
Women, monitors women's rights and advises the Federal Government on 
issues affecting women. In October, the OFW published a report on 
domestic violence, entitled ``The Cost of Domestic Violence to the 
Australian Economy,'' which found that domestic violence cost the 
economy $6 billion (A$8.1 billion) in the 12 month period from July 
2002 to June 2003. The report ranked domestic violence among the top 
five risks to women's health.
    There were highly organized and effective private and public 
women's rights organizations at the federal, state, and local levels.
    Women have equal status under the law, and the law provides for pay 
equity. In June, the ABS estimated that women's full-time total average 
weekly earnings were 82 percent of men's.

    Children.--The Government demonstrated its strong commitment to 
children's rights and welfare through its publicly funded educational 
and medical care systems. While the structure of education varied among 
states and territories, all children between 6 and 15 years of age are 
entitled to 9 to 10 years of compulsory and free education. A 2002 ABS 
survey found that the full time school participation rate for 15 year 
olds was 92.5 percent. The Government provided universal health 
insurance coverage to all citizens and lawful residents from birth on a 
copayment basis. The Government also provided a minimum benefit of 16.8 
percent of the cost of a first child's childcare to all parents (with a 
smaller benefit for additional children), which increased to as much as 
100 percent for the lowest income families.
    State and territorial child protection agencies investigate and 
institute prosecutions of persons for child neglect or abuse. The 
Federal Government's role in child abuse prevention is limited to 
funding research and education campaigns, developing an action plan 
against the commercial exploitation of children, and funding community 
based parenting programs. According to the Federal Department of Family 
and Community Services, the number of substantiated cases of child 
abuse and neglect grew approximately 43 percent from 1992 to 2002. In 
January, the Queensland Crime and Misconduct Commission (CMC) issued a 
report on its investigation into allegations of mismanagement within 
the state children's services department and neglect of foster children 
placed by the department. It found that the allegations were 
substantiated and called for the creation of a separate child safety 
administration. The Queensland government accepted all of the CMC 
report's recommendations and announced a $115 million (A$154 million) 
budget increase to implement the recommendations.
    The Government has enacted tough criminal laws aimed at restricting 
the trade in, and possession of, child pornography; the law allows 
suspected pedophiles to be tried in the country regardless of where the 
crime was committed. The Child Sex Tourism Act prohibits child sex 
tourism and related offenses for the country's residents and citizens 
overseas and provides for a maximum sentence of 17 years' imprisonment 
upon conviction. Since 1994, 19 persons have been charged under the 
act; as of December 10, there were 13 convictions, 3 dismissals, and 3 
ongoing cases. During the year, the Government continued its awareness 
campaign to deter child sex tourism, through the distribution of 
materials to citizens and residents traveling overseas. Child 
protection NGOs raised community awareness of child trafficking. There 
were no reports of children being trafficked into the country during 
the year (see Section 5, Trafficking).
    The practice of parents unlawfully sterilizing children with 
disabilities was a continuing problem. The High Court has determined 
that physicians who sterilized a child without authorization from the 
federal Family Court would be subject to criminal and civil action. In 
2002, a report into the sterilization of girls and young women with 
disabilities, commissioned by the federal Sex Discrimination 
Commissioner, found that the official data were unreliable and that 
anecdotal evidence suggested that girls continued to be sterilized in 
numbers that far exceeded the number of lawful authorizations.
    In April, the High Court overturned a 2003 ruling by the Family 
Court that the Family Court's jurisdiction extended to children in 
immigration detention facilities (see Section 2.d.).

    Trafficking in Persons.--The law prohibits trafficking in persons, 
but the country continued to be a destination for some trafficked women 
in the sex industry.
    Legislation enacted in 1999 targets criminal practices associated 
with trafficking, and other laws address smuggling of migrants. Under 
the Federal Migration Act, smuggling of persons in all forms is 
prohibited and carries a maximum penalty of 20 years' imprisonment. The 
2001 Border Protection Act authorizes the boarding and searching in 
international waters of vessels suspected of smuggling or trafficking 
in persons. In 2002, the Commonwealth Criminal Code was modified to 
provide for sentences of up to 20 years' imprisonment for ``people 
smuggling'' aggravated by exploitation. Under the Commonwealth Criminal 
Code, conduct that amounts to slavery, or exercising a power of 
ownership over another person, carries a maximum penalty of 25 years' 
imprisonment. Under the Child Sex Tourism Act, it is an offense for 
citizens or residents to travel abroad to engage in sex with minors 
under 16 years of age (see Section 5, Children).
    In 2003, 10 persons appeared in court on trafficking in persons 
offenses in 3 separate cases, but the court had not issued its 
decisions in the cases as of year's end. During the year, four 
additional persons were charged with trafficking in persons offenses in 
two separate cases; both cases were pending at year's end.
    The Department of Immigration and Multicultural and Indigenous 
Affairs, the Australian Customs Service, and the AFP have lead roles in 
combating trafficking in persons. The AFP's Transnational Sexual 
Exploitation and Trafficking Team, a 23 member mobile strike force 
established under the Government's 2003 national action plan for 
eradicating trafficking in persons, is responsible for investigating 
trafficking syndicates operating in the country and abroad. State 
police forces worked closely with the AFP to develop a comprehensive 
policing strategy to counter the crime of trafficking in persons.
    Some women, primarily from China and Southeast Asia, were brought 
into the country for the purpose of prostitution, sometimes entering 
with fraudulently obtained tourist or student visas. Many of these 
women traveled to the country voluntarily to work in both legal and 
illegal brothels, but some reportedly were deceived or coerced into 
debt bondage or sexual servitude. Authorities believed that sex 
trafficking networks were composed primarily of individual operators or 
small crime groups that often relied on larger organized crime groups 
to procure fraudulent documentation for the trafficked women. In June, 
a federal parliamentary committee issued a report on its yearlong 
inquiry into the national criminal intelligence agency's response to 
sex trafficking and the adequacy of federal antitrafficking laws. The 
report recommended that the Government broaden the criminal code to 
include nonsexual forms of compulsory labor and hasten its ratification 
of the U.N.'s trafficking protocol. The report noted wide variations in 
NGO estimates of the number of trafficked women; while it was unable to 
provide definitive numbers, the report estimated that a ``relatively 
small'' number among an estimated 300 women who travel to the country 
for work in the sex industry each year were subjected to sexual 
servitude. In response to the report, the Government restated its 
commitment to eradicate sex trafficking and take action on the report's 
recommendations.
    In 2002, the Government established the position of Ambassador for 
People Smuggling Issues, with responsibility for promoting a coherent 
and effective international approach to combating trafficking in 
persons (particularly in the Asia Pacific region), assisting in the 
negotiation of international agreements for the return and resettlement 
of persons brought illegally into the country, and working for the 
prosecution of traffickers in persons. The Ambassador coordinates the 
country's participation in the Bali Process on People Smuggling, 
Trafficking in Persons and Related Transnational Crime, which Australia 
and Indonesia jointly established in 2002. In 2003, the Government 
signed antitrafficking agreements with Cambodia, Burma, Laos, and 
Thailand to improve international cooperation and police investigations 
of trafficking syndicates. The Government also funded awareness 
campaigns in source countries. In 2003, the Government also began 
funding the $6.4 million (A$8.5 million) Asia Regional Cooperation to 
Prevent People Trafficking project. Underway in four countries 
Thailand, Laos, Burma, and Cambodia the project focused on 
strengthening the criminal justice process to combat trafficking in 
persons.
    In October 2003, the Government launched its national Action Plan 
to Eradicate Trafficking in Persons, which included additional 
antitrafficking legislation, enhanced cooperation among other countries 
and state and local law enforcement authorities, new visa procedures to 
facilitate the cooperation of trafficking victims with law enforcement 
personnel, and additional social services for victims. The Government 
also took significant steps to improve efforts by police and 
immigration officials to distinguish trafficking victims from illegal 
migrants and to provide victims with assistance, including counseling 
and temporary shelter. Victims willing to cooperate with authorities to 
investigate and prosecute traffickers qualify for a temporary visa and 
a range of social services.
    Within the country, the Government began an awareness campaign 
targeting the sex industry and the community at large and widely 
publicized criminal cases against traffickers.
    There were no NGOs devoted solely to trafficking victims. 
Nonetheless, assistance was available through NGOs that ran shelters 
for women and youth; sex worker organizations; the NGO Project Respect, 
which assisted women to escape prostitution and combated sex 
trafficking of women; and Childwise, which campaigned against the 
commercial sexual exploitation of children in the country and through 
sex tourism overseas. Some NGOs received government funding; others 
were funded privately. Local NGOs and the press were instrumental in 
bringing to the authorities' attention the presence of illegal migrant 
women and girls in brothels and massage parlors, and raising public 
awareness of the problem.

    Persons With Disabilities.--The law prohibits discrimination 
against persons with disabilities in employment; education; access to 
premises; provisions of goods, services (including health services), 
and facilities; accommodation; purchase of land; activities of clubs 
and associations; sport; and the administration of federal laws and 
programs, and the Government effectively enforced the law. The 
Disability Discrimination Commissioner, which is part of HREOC, 
promotes compliance with federal laws that prohibit discrimination 
against persons with disabilities. The Commissioner also promotes 
implementation and enforcement of state laws that require equal access 
and otherwise protect the rights of persons with disabilities. The law 
also provides for mediation by HREOC of discrimination complaints, 
authorizes fines against violators, and awards damages to victims of 
discrimination.
    The 2004 HREOC report stated that 483 disability complaints were 
filed during the July 2003-June 2004 reporting year, including 201 
complaints of discrimination based on physical disability, 122 
complaints of discrimination based on psychiatric disability, and 33 
complaints based on learning disabilities. Of these, 54 percent were 
employment related and 25 percent concerned the provision of goods and 
services. The practice of parents unlawfully sterilizing children with 
disabilities was a continuing problem (see Section 5, Children).

    National/Racial/Ethnic Minorities.--Although Asians comprised less 
than 5 percent of the population, they made up approximately 40 percent 
of new immigrants. A marked increase in unauthorized arrivals by boat 
from the Middle East from 1998 to 2001 heightened public concern that 
``queue jumpers'' and alien smugglers were abusing the country's 
refugee program. Leaders in the ethnic and immigrant communities 
continued to express concern that increased numbers of illegal arrivals 
and violence at migrant detention centers had contributed to incidents 
of vilification of immigrants and minorities.
    Between February and July, several Asian businesses and a synagogue 
in W.A.'s capital city of Perth were firebombed or sprayed with racist 
graffiti. The attacks were widely condemned by political, religious, 
and community leaders. In August, a Perth court convicted three men, 
two of whom were associated with the Australian Nationalist Movement 
(ANM), a neo-Nazi group, for their roles in the attacks; the two ANM 
associates were sentenced to jail terms of 7 and 10 months 
respectively, and the third man received a suspended 6-month sentence. 
That same month, the ANM leader and suspected instigator of the attacks 
was arrested and charged with criminal damage to cause arson; the case 
was still pending at year's end.
    According to the 2004 HREOC annual report, the number of racial 
discrimination complaints fell by 13 percent during the reporting year. 
Of 159 reported cases, 42 percent involved employment; 20 percent 
involved provision of goods, services, and facilities; and 19 percent 
alleged ``racial hatred.'' Persons born outside the country filed 64 
percent of the complaints, and Aboriginals and Torres Strait Islanders 
filed 32 percent.

    Indigenous People.--Since 1990, Aboriginals and Torres Strait 
Islanders have been able to participate in government decisionmaking 
through the Aboriginal and Torres Straits Islander Commission (ATSIC). 
In 2002, indigenous people elected 380 representatives to 35 regional 
councils and the Torres Strait Regional Authority in triennial 
elections. These representatives in turn choose 18 commissioners, who 
make up the ATSIC Board. The 2002 election had the highest voter 
participation since elections were first held in 1990.
    In 2002, in response to continued claims of corrupt dealings by 
ATSIC board members, the Government initiated a review of ATSIC's 
functions and operations. In November 2003, the review body issued its 
final report, which recommended replacing the 18 member ATSIC board 
with a 10 member ATSIC national executive body, with 8 members elected 
from among the chairs of 35 regional councils and 2 government 
appointed members.
    In July 2003, faced with several allegations of improper behavior, 
ATSIC's Deputy Chairman resigned, and the Minister for Indigenous 
Affairs suspended the Chairman in August 2003. The Commission elected 
an ATSIC Regional Councilor as Acting Chairman. In December 2003, the 
Chairman was found guilty on appeal of obstructing police during a pub 
brawl in Victoria and fined $564 (A$750). The ATSIC board unanimously 
called on the Government to lift the Chairman's suspension immediately 
on the ground that his conviction did not warrant his dismissal. The 
Minister for Indigenous Affairs indicated that the Government would not 
reinstate the Chairman, since it intended to abolish ATSIC. In August, 
the Federal Court ruled that the Government acted unlawfully when it 
suspended the Chairman, and the ATSIC board reelected him. The 
Government indicated that it would appeal the court's decision but had 
not done so by year's end.
    On July 1, the Government transferred ATSIC's functions to federal 
civil service departments, and on November 6, it established the 
National Indigenous Council, a government appointed 14-person advisory 
council, to replace ATSIC. However, by year's end, Parliament had not 
passed the Government's bill to abolish ATSIC; instead, the Senate 
initiated an inquiry to examine the administration of indigenous 
affairs, with a report scheduled for 2005. Also during the year, the 
ATSIC board took measures to mount a court challenge to the 
Government's administrative dissolution of ATSIC.
    While some Aboriginal groups claimed that the Government's attempt 
to abolish ATSIC was an attempt to silence its indigenous critics, 
other Aboriginal groups welcomed the move as an attempt to refocus the 
domestic indigenous policy debate on improving health and social 
conditions and away from ATSIC's leadership team, which they viewed as 
impeding ATSIC's effectiveness.
    The Government's approach toward Aboriginals emphasized a 
``practical reconciliation'' aimed at raising the health, education, 
and living standards of indigenous people. A wide variety of government 
initiatives and programs sought to improve all aspects of Aboriginal 
and Torres Straits Islander life. In 2003-04, the Government spent 
approximately $195 million (A$260 million) on the indigenous-specific 
community housing and infrastructure program; a further $347 million 
(A$462 million) on indigenous education and training programs; $278 
million (A$371 million) on indigenous-specific health services; and $79 
million (A$105 million) on indigenous employment programs. However, 
indigenous citizens continued to experience significantly higher rates 
of imprisonment, inferior access to medical and educational 
institutions, greatly reduced life expectancy rates, higher levels of 
unemployment, and general discrimination, which contributed to a 
feeling of powerlessness. Poverty and below average educational 
achievement levels contributed significantly to Aboriginal 
underrepresentation in national, territorial, and state political 
leadership (see Section 3).
    According to a joint ABS and Australian Institute of Health and 
Welfare study released in 2003, the life expectancy of an indigenous 
person remained 20 years less than that of a non indigenous person, and 
the indigenous infant mortality rate was 2.5 times the rates found in 
non indigenous populations. In 2001, reported rates of tuberculosis and 
hepatitis A and B among indigenous people were, respectively, 3.7 times 
greater, 4.3 times greater, and 3.6 times greater than rates among the 
non indigenous. According to the Department of Family and Community 
Services, indigenous youth were 2.5 times more likely than non 
indigenous youth to leave school before graduation. The ATSIC 2002- 03 
annual report highlighted findings in a 2001 report that 37 percent of 
indigenous students did not achieve a grade 5 mathematical competency 
benchmark, and 33 percent of indigenous students in grade 5 were below 
the national reading benchmark, compared with 10 percent of the non 
indigenous population against both benchmarks. The ATSIC report also 
noted that poor access to labor markets contributed to the high 
indigenous unemployment rate, which was 20 percent in 2001, almost 3 
times greater than the non indigenous unemployment rate. Unemployment 
rose to over 34 percent when indigenous persons given employment as 
part of government assisted employment programs were included.
    Although Aboriginal adults represented only 2.2 percent of the 
adult population, according to the ABS they accounted for approximately 
20 percent of the total prison population and were imprisoned at 15 
times the rate of non indigenous people as of June 2002. More than 45 
percent of Aboriginal men between the ages of 20 and 30 years had been 
arrested at some time in their lives. In 2001, Aboriginal juveniles 
accounted for 55 percent of those between the ages of 10 to 17 in 
juvenile correctional institutions. Human rights observers noted that 
socioeconomic conditions gave rise to the common precursors of 
indigenous crime, including unemployment, homelessness, and boredom.
    Indigenous groups charged that police harassment of indigenous 
people, including juveniles, was pervasive and that racial 
discrimination by police and prison custodians persisted. Human rights 
groups and indigenous people alleged a pattern of mistreatment and 
arbitrary arrests occurring against a backdrop of unofficial yet 
systemic discrimination.
    On February 15, police in the Sydney suburb of Redfern clashed with 
a group of Aboriginals angered by the death of a 17 year old Aboriginal 
youth from injuries incurred in a bicycling accident the previous day. 
Rioters threw bricks, bottles, and Molotov cocktails at police during 
the 9-hour melee, injuring approximately 40 officers. The youth's 
parents alleged that police were harassing him at the time of the 
accident; police responded that they were not chasing the youth when 
the accident occurred but were in the area looking for another person 
who was a suspect in a robbery. The police arrested 11 persons for acts 
committed during the incident. In August, a coroner's investigation 
cleared police of any involvement in the youth's death.
    On November 26, hundreds of residents on Queensland's Palm Island 
rioted after government officials released the postmortem results on a 
36 year-old indigenous man who had died in police custody after being 
detained for public drunkenness. The rioters destroyed the island's 
police station and courthouse. The postmortem results showed that the 
man had suffered a ruptured liver, internal bleeding, and broken ribs; 
the police reported that the detainee sustained the injuries during a 
scuffle with a police officer and a fall onto concrete steps. The 
coroner's report had cleared the police of responsibility in the man's 
death; however, the Queensland government commissioned the Crime and 
Misconduct Commission to investigate the case.
    A 2002 W.A. inquiry into family violence and sexual abuse found 
that indigenous women in W.A. accounted for as many as 50 percent of 
all domestic violence incidents although they constituted less than 3 
percent of the population. Indigenous women were 45 times more likely 
to be victims of violence than non indigenous women and 10 times more 
likely to die as a result. In May 2003, prominent indigenous leader and 
former Aboriginal and Torres Strait Islander Social Justice 
Commissioner Mick Dodson highlighted the prevalence of domestic 
violence in indigenous communities and called upon indigenous men to be 
more accountable for the problem. In the 12 months ending June 30, the 
Federal Government spent approximately $4.5 million (A$6 million) to 
support 13 Family Violence Prevention Legal Service Centers in remote 
areas and 39 Regional Family Violence Prevention Programs. In July 
2003, the federal and state governments launched a multifaceted action 
plan to tackle indigenous violence and announced seven priority areas 
for government funding, including reducing alcohol and substance abuse, 
increasing child safety and well being, creating safe places in the 
community, and promoting shared leadership. During the year, the 
Government allocated $90 million (A$120 million) over 4 years to 
combating child abuse and family violence in indigenous communities. A 
2001 Northern Queensland study into indigenous violence found that 70 
to 90 percent of all assaults were committed under the influence of 
alcohol or drugs. In August 2003, the Government allocated $7.9 million 
(A$10.5 million) over 4 years to help divert Aboriginals and Torres 
Strait Islanders from alcohol and drug abuse and $4.6 million (A$6.1 
million) for NGO indigenous treatment programs.
    In 1998, the Government established a national network of Link Up 
offices to provide family tracing, reunion, and other support to 
indigenous families separated as a result of past government practices. 
In the 12 months ending June 30, the Government spent $2.8 million 
(A$3.7 million) on family tracing and reunion services.
    The National Native Title Tribunal resolves native land title 
applications through mediation. The tribunal also acts as an arbitrator 
in cases where the parties cannot reach agreement about proposed mining 
or other development of land. In 2002, ATSIC noted that the 1993 Native 
Title Act, as amended in 1998, provided gains for Aboriginal people but 
still did not address adequately the needs of native title claimants. 
Aboriginal leaders were pleased by the removal of a time limit for 
lodging native title claims but expressed deep concern about the 
weakening of Aboriginal rights to negotiate with non Aboriginal 
leaseholders over the development of rural property. Aboriginal groups 
continued to express concern that the amended act limited the future 
ability of Aboriginal people to protect their property rights. In 2002, 
the High Court ruled that native title rights did not extend to mineral 
or petroleum resources and that, in cases where leasehold rights and 
native title rights were in conflict, leaseholder rights prevailed.
    The $970 million (A$1,290 million) indigenous land fund is a 
special account that provides an ongoing source of funds for indigenous 
people to purchase land for their use. It is separate from the Native 
Title Tribunal and is not for payment of compensation to indigenous 
people for loss of land or to titleholders for return of land to 
indigenous people.
    The NGO Aboriginal Tent Embassy in Canberra was set up in a small 
structure on public land opposite the Old Parliament building over 30 
years ago and worked to publicize Aboriginal grievances. The tent 
embassy, which also encompassed an itinerants' camp, still existed at 
year's end, despite fire damage in 2003 and again in August and 
continued efforts to relocate it by the Government and some local 
indigenous groups, who asserted that it was not representative of the 
entire indigenous community. Other Aboriginal NGOs included groups 
working on native title issues, reconciliation, deaths in custody, and 
Aboriginal rights in general. International NGOs, such as AI, also 
monitored and reported on indigenous issues and rights.

    Other Societal Abuses and Discrimination.--In December 2003, the 
N.S.W. Government released a study of violence against homosexuals, 
which found that more than half of the survey participants had 
experienced one or more forms of abuse, harassment, or violence in the 
previous 12 months. The report also found that two or more persons who 
were unknown to the victim perpetrated most incidents of harassment or 
violence and that homosexuals of Middle Eastern background suffered 
exclusion, assaults, and stalking from family or community members.
    Federal and various state laws prohibit discrimination on the 
grounds of HIV positive status. In the 12 months ending June 30, there 
were no discrimination complaints lodged with the federal Disability 
Discrimination Commissioner, which is part of HREOC, on the grounds of 
HIV/AIDS status. In 2002, a La Trobe University study of HIV positive 
persons found that 37.7 percent received less favorable access to 
health services. The study also found that 22.1 percent received less 
favorable treatment regarding insurance, and 11.1 percent received less 
favorable treatment regarding accommodation.
    In June, the Government enacted the Age Discrimination Act, which 
makes it unlawful to discriminate against persons because of their age 
in the areas of employment, education, accommodation, provision of 
services (including health services, insurance, and pensions), and the 
administration of federal laws and programs. The Government exempted 
the following areas from the law: Federal laws governing taxation, 
social security, migration, and private pensions; state laws; certain 
health programs; and youth wages or compliance with enterprise 
agreements and employment contracts. In June, the Government appointed 
the Sex Discrimination Commissioner as acting Age Discrimination 
Commissioner.
Section 6. Worker Rights
    a. The Right of Association.--The law provides workers, including 
public servants, the right of association domestically and 
internationally and protection against anti-union discrimination, and 
workers exercised these rights in practice. A 2003 ABS survey indicated 
that union membership had remained constant over the previous 12 months 
at 23 percent of the workforce.
    Unions carried out their functions free from government or 
political control.
    The 1996 Federal Workplace Relations Act (WRA) contains curbs on 
union power, restrictions on strikes (see Section 6.b.), and limits on 
redress and compensation claims by dismissed employees. The umbrella 
trade union organization, the Australian Council of Trade Unions 
(ACTU), has objected to the law, alleging that it violates the right to 
assembly provided for in several ILO conventions that the Government 
has signed, including ILO Convention 87 on the Freedom of Association 
and Protection of the Right to Organize. The primary curb on union 
power is the abolition of closed shops and union demarcations. This 
provision in theory could create many small and competing unions at the 
enterprise level, but thus far there have been few changes in existing 
union structures.

    b. The Right to Organize and Bargain Collectively.--Federal, state, 
and territorial laws provide workers with the right to organize and 
bargain collectively, and workers exercised this right in practice.
    Since passage of the WRA in 1996, negotiation of contracts covering 
wages and working conditions shifted from the centralized awards system 
of the past to enterprise level agreements certified by the Australian 
Industrial Relations Commission (AIRC). The WRA provides that the AIRC 
may certify multibusiness agreements only if they are in the ``public 
interest.'' In the 12 month period ending June 30, the AIRC certified 
8,549 enterprise agreements, an increase of 31 percent from the number 
certified in the previous 12 months. The WRA also provides for the 
negotiation of Australian Workplace Agreements (AWAs) between employers 
and individual workers, which are subject to fewer government 
regulations than awards or enterprise bargaining agreements; however, 
AWAs must improve upon the basic working conditions contained in a 
relevant same-sector award. The Office of the Employment Advocate 
received notification of 150,170 AWAs during the July 2003-June 2004 
reporting period, an increase of 30 percent compared with the previous 
reporting period. Of the 546,885 AWAs made in the past 7 years, more 
than 35 percent were in retail trade, property and business services, 
and manufacturing industries.
    Federal law first recognized an implicit right to strike in 1994. 
The WRA significantly restricts this right; it subjects strikers to 
heavy fines for taking industrial action during the life of an 
agreement and contains tougher secondary boycott provisions. The WRA 
confines strikes to the period when unions are negotiating a new 
enterprise agreement and specifies that strikes must concern matters 
under negotiation. This is known as ``protected action.'' Protected 
action provides employers, employees, and unions with legal immunity 
from claims of losses incurred by industrial action. In 1999, a union 
successfully challenged the WRA's restriction on strike action in 
federal court. The court refused to grant an injunction against the 
union for taking industrial action outside of a bargaining period 
because the action was in support of maintaining existing wages and 
conditions. The upper house of Parliament has rejected on many 
occasions the Government's proposed changes to the Trade Practices Act, 
which would provide companies with resort to legal action if they were 
subject to secondary boycotts.
    During the year, there were no national strikes of significance, 
but there were short localized strikes by health care professionals, 
transport workers, customs officers, and construction workers. The 
Bureau of Statistics reported 716 industrial disputes for the 12 months 
ending June 30, an increase of nearly 2 percent from the previous year; 
during the same period, total workdays lost due to strikes rose by 125 
percent to 550,900.
    During the year, the ACTU continued its efforts to increase the 
minimum wage, protect employee entitlements in the face of numerous 
company collapses, and extend family friendly policies in the 
workplace. Throughout the year, unions continued a successful campaign 
for paid maternity leave provisions in many collective agreements.
    There are no export processing zones.

    c. Prohibition of Forced or Compulsory Labor.--The law does not 
explicitly prohibit forced or compulsory labor, including by children; 
however, there were no reports that such practices occurred. 
Trafficking in women was a limited problem (see Section 5).

    d. Prohibition of Child Labor and Minimum Age for Employment.--
There is no federally mandated minimum age of employment, but state 
imposed compulsory educational requirements, enforced by state 
educational authorities, effectively prevented most children from 
joining the work force full time until they were 15 or 16 years of age. 
Federal and state governments monitored and enforced a network of laws, 
which varied from state to state, governing the minimum school leaving 
age (see Section 5), the minimum age to claim unemployment benefits, 
and the minimum age to engage in specified occupations. The ACTU also 
monitored adherence to these laws.

    e. Acceptable Conditions of Work.--Although a formal minimum wage 
exists, it has not been directly relevant in wage agreements since the 
1960s, since most workers received higher wages through enterprise 
agreements or individual contracts. In May, the AIRC increased the 
federal minimum award wage by $14.30 (A$19) to $351 (A$467.40) per 
week. Differing minimum wages for individual trades and professions 
covered approximately 80 percent of all workers; all rates provided a 
decent standard of living for a worker and family.
    Most workers were employees of incorporated organizations. A 
complex body of applicable government regulations, as well as decisions 
of applicable federal or state industrial relations commissions, 
prescribe a 40 hour or shorter workweek, paid vacations, sick leave, 
and other benefits. The minimum standards for wages, working hours, and 
conditions are set by a series of ``awards'' (basic contracts for 
individual industries). In 2002, the AIRC refused the ACTU's request to 
set a standard for ``reasonable working hours'' but allowed workers to 
refuse without penalty to work ``unreasonable'' overtime.
    Over the past two decades, there has been a substantial increase in 
the percentage of the workforce regarded as temporary workers. In 2001, 
there were 2.1 million persons (27 percent of the workforce) employed 
as casual or temporary workers, even though government statistics 
indicated that over 50 percent had been employed in the same job for 
over 12 months, and 67 percent worked regular hours. Such employees 
were not entitled to certain employment benefits such as sick leave or 
annual leave but were paid at a higher hourly wage rate.
    Federal or state occupational health and safety laws apply to every 
workplace. The law provides federal employees with the right to cease 
work without endangering their future employment if they believe that 
particular work activities pose an immediate threat to individual 
health or safety. Most states and territories have laws that grant 
similar rights to their employees. At a minimum, private sector 
employees have recourse to state health and safety commissions, which 
investigate complaints and demand remedial action.
    Labor law protects citizens, permanent residents, and migrant 
workers alike. Migrant worker visas require that employers respect 
these protections and provide bonds to cover health insurance, worker 
compensation insurance, unemployment insurance, and other benefits. 
Past reports of abuse of foreign workers generally involved permanent 
residents who performed work in their homes in the clothing and 
construction industries. There were no such reports during the year.
    There were no reports of worker rights abuses in any of the 
country's five dependent territories of Macquarie and Heard Islands, 
Christmas Island, Cocos (Keeling) Island, and Norfolk Island.

                               __________

                                 BRUNEI

    Brunei Darussalam is a small, wealthy, Islamic country ruled by the 
same family for over 600 years. A British Protectorate from 1888, it 
became fully independent and sovereign in 1984. After a failed 
rebellion in 1962, the then Sultan invoked an article of the 
Constitution that allowed him to assume emergency powers for 2 years. 
These powers were renewed regularly, most recently in March under the 
present ruler, Sultan Haji Hassanal Bolkiah. The state of emergency 
places few limits on the Sultan's power. In September, the Sultan named 
an appointed Legislative Council, an institution that had been 
suspended for 20 years. The council was expected to have a limited role 
in recommending and approving legislation. The Sultan also served as 
Prime Minister, Minister of Defense, Minister of Finance, Chancellor of 
the national university, Superintendent General of the Royal Brunei 
Police Force, and Head of the Islamic faith. The Constitution does not 
specifically provide for an independent judiciary, and the Sultan 
appoints all higher court judges and has the authority to remove them, 
although he has never done so. The courts appeared to act 
independently.
    The police force and an Internal Security Department (ISD) are 
responsible for law enforcement and maintenance of order. The Sultan 
maintained control over both. There were no reports that security 
forces committed human rights abuses.
    The country's large oil and natural gas reserves, coupled with its 
population of 358,000, gave it a per capita gross domestic product of 
approximately $13,300. The Government used its substantial oil and gas 
revenues and investment income to provide its citizens a wide range of 
services and benefits that included free schooling and medical care, 
subsidized housing, and jobs. During the year, the non-oil and gas 
component of the economy suffered its 6th year of stagnation. Foreign 
workers made up approximately 40 percent of the labor force.
    There were problems in the Government's human rights record, 
particularly in the area of civil liberties; however, there was some 
improvement in government transparency and tentative steps toward a 
more representative government. Citizens did not have the right to 
change the government, and they generally avoided political activity of 
any kind because of the official atmosphere of disapproval concerning 
such activities. Citizens did not exercise freedom of speech, freedom 
of press, freedom of assembly, or freedom of association. The 
Government used the Internal Security Act (ISA) to detain persons. 
Other human rights problems continued, including restrictions on 
religious freedom. Occasional spousal violence against women remained a 
concern, although the Government addressed the matter at many levels. 
Discrimination against women was a problem. Labor rights were 
circumscribed, and foreign workers sometimes were subjected to 
exploitation, although the Government took steps to protect foreign 
workers and began limited prosecution of errant employers.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Arbitrary or Unlawful Deprivation of Life.--There were no 
reports of the arbitrary or unlawful deprivation of life committed by 
the Government or its agents.

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

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The law prohibits mistreatment of prisoners, and there 
were no reports of such mistreatment. Caning is mandatory for 42 drug 
related and other criminal offenses, and it was included as part of the 
sentence in 80 percent of criminal convictions. Canings were carried 
out in the presence of a doctor, who had the authority to interrupt the 
punishment for medical reasons. Prison conditions generally met 
international standards. Juveniles typically served their sentences in 
adult detention centers, but several young offenders were housed at a 
government rehabilitation center. During the year, construction 
continued on a second rehabilitation facility for young offenders. Male 
and female offenders were housed separately. Prisoners received regular 
medical checkups. Detention cells at police stations were Spartan.
    There were no reports that human rights monitors requested prison 
visits; however, foreign diplomats had consular access to detained 
nationals. Family members were permitted to visit prisoners and bring 
food.

    d. Arbitrary Arrest or Detention.--The law provides for a prompt 
judicial determination regarding the validity of an arrest. However, 
those provisions, like the Constitution itself, may be partially or 
wholly superseded through invocation of the emergency powers. The ISA 
permits the Government to detain suspects without trial for renewable 
2-year periods. ISA detainees are denied the right to a trial and legal 
counsel, and they are not presumed to be innocent. In the past, 
information on detainees was made public only after their release. 
During the year, all ISA arrests were publicly announced.
    The police force and the ISD are under the direct control of the 
Prime Minister's Office. Both groups were considered free of major 
corrupt practices; however, there were reports of petty corruption 
among traffic police. Unlike in previous years, there were no 
prosecutions of police or ISD members for corrupt or criminal acts.
    Normally a magistrate must endorse a warrant for arrest. On rare 
occasions, warrants are issued without this endorsement, such as when 
police are unable to obtain the endorsement in time to prevent the 
flight of a suspect. Police officers have broad powers to make arrests, 
without warrants, of persons caught in the physical act of committing a 
crime.
    In February, the Government detained 16 persons under the ISA for 
involvement in a counterfeit ring. In March, the Government detained 
three persons--Major (Retired) Haji Muslim bin Haji Awang Tengah; 
Noordin bin Haji Ahmed Noor, a former senior police officer; and Haji 
Abdul Radzak bin Haji Awang Damit, a businessman--under the ISA for 
treason and ``subversive actions, detrimental to the country's 
security.'' The Government did not bring formal charges against the 
three, but a press release accused Noordin of selling and leaking 
government secrets to an unnamed foreign country. Major Muslim was 
accused of leaking government secrets to Haji Abdul Radzak, who used 
the information in a local Internet forum.
    On July 10, authorities released six individuals who had been 
detained under the ISA since September 2003 for suspected association 
with Al-Arqam, a banned Muslim organization. Government officials 
maintained that the detentions had been for security rather than 
religious reasons (see Section 2.c.).

    e. Denial of Fair Public Trial.--The Government used the ISA to 
detain without trial three persons it accused of treason and subversion 
(see Section 1.d.). It used the same act to detain 16 individuals for a 
major counterfeiting offense that it said could have destabilized the 
country's economy.
    The Constitution does not provide specifically for an independent 
judiciary, but the courts appeared to act independently, and there were 
no known instances of government interference with the judiciary. All 
higher court judges are appointed by and serve at the pleasure of the 
Sultan.
    The judicial system consists of five levels of courts, with final 
recourse in civil cases available through the Privy Council in London. 
Procedural safeguards include the right to defense counsel, an 
interpreter, a speedy trial, and to confront accusers. There is no 
legal provision to provide affordable legal counsel for poor 
defendants, except in capital cases. Such defendants may act as their 
own lawyers in court.
    The secular law, based on English common law, provides citizens 
with a fair and efficient judicial process. Shari'a (Islamic law) 
supersedes secular law for Muslims in some areas, including divorce, 
inheritance, and some sexual crimes. Shari'a is not applied to non-
Muslims. During the year, lawyers trained in both secular law and 
Shari'a continued to work on a proposed alignment of the country's two 
legal systems into a single, comprehensive legal code. A law society, 
or bar association, to promote lawyers' public accountability was 
established in July 2003, but it did not convene during the year.
    The law lacks provisions to allow companies or individuals to sue 
the Government, which traditionally resolves disputes with generous, 
non negotiable settlements or in some cases simply refuses to settle.
    There were no reports of political prisoners, but information on 
possible detainees was very difficult to obtain.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The law permits government intrusion into the privacy 
of individual persons, families, and homes. Shari'a permits enforcement 
of ``khalwat,'' an Islamic prohibition on the close proximity of a 
Muslim and a member of the opposite sex other than a spouse or other 
close male relative. There were numerous reports of religious 
enforcement officers entering homes, buildings, and vehicles to detain 
suspects.
    The Government monitored the private e-mail and Internet chat room 
exchanges of citizens that it believed to be subversive. The Government 
employed an informer system as part of its internal security apparatus 
to monitor suspected dissidents.
    Members of the civil service, the country's main employer, were 
prohibited from joining political parties (see Section 2.b.).
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--Under the emergency powers in 
effect since 1962, the Government significantly restricted freedom of 
speech and freedom of the press. Constitutional amendments adopted 
during the year allow members of the newly appointed Legislative 
Council to ``speak their opinions freely,'' but they are prohibited 
from using language or exhibiting behavior deemed to be 
``irresponsible, derogatory, scandalous or injurious,'' and they may be 
disqualified for ``disloyalty'' to the Sultan among other offenses.
    In 2001, legislation that codified existing practice further 
reduced press freedom. Among other restrictions, it requires local 
newspapers to obtain operating licenses and prior government approval 
of foreign editorial staff, journalists, and printers. The law also 
gives the Government the right to bar distribution of foreign 
publications, and it requires distributors of foreign publications to 
obtain a government permit. The law allows the Government to close a 
newspaper without prior notice or showing cause. Journalists deemed to 
have published or written ``false and malicious'' reports can be 
subjected to fines or prison sentences.
    Prior to the promulgation of the 2001 legislation, foreign 
newspapers or magazines with articles that were found to be 
objectionable, embarrassing, or critical of the Sultan, the royal 
family, or the Government were not allowed into the country at times. 
Magazine articles with a Christian theme reportedly were censored (see 
Section 2.c.). However, the growing access to fax machines, the 
Internet, and satellite transmissions made it increasingly difficult to 
keep such material from entering the country.
    The country's largest circulation daily newspaper, the Borneo 
Bulletin, practiced self-censorship in its choice of topics to avoid 
angering the Government. However, letters to the editor often included 
comments critical of the Government's handling of certain social, 
economic, and environmental issues. On occasion, the Government 
responded to public opinion on some issues concerning social or 
environmental problems. There was a Malay-language newspaper, the Media 
Permata, that circulated approximately 5,000 copies. There also were 
several Chinese language newspapers.
    Although the Government owned the country's only television 
station, three Malaysian television channels were available. Two 
satellite television networks also were available and offered a total 
of 28 different channels, including the Cable News Network, the British 
Broadcasting Corporation World News, and several entertainment and 
sports channels.
    The Government's tolerance of political criticism was not tested 
because there was no organized opposition. In the past, the Government 
has arrested those who attempted to propagate unwelcome political 
views. The Borneo Bulletin continued to heed advice from the police not 
to publish any reports about the activities of the Consumers' 
Association of Brunei, a quasi-human rights organization (see Section 
4).
    After the detention of two persons involved in disseminating on a 
locally hosted Internet forum criticism of the Government and the royal 
family deemed ``subversive'' by the Government, fear of government 
surveillance reduced the number of visitors to the few existing forums. 
The Government also was believed to have periodically blocked access to 
at least one forum hosted outside the country, although a fourth forum 
opened early in the year. The country's primary Internet service 
provider was state owned.
    The Government generally respected academic freedom; however, some 
researchers chose to publish from overseas and under a pseudonym when 
they perceived that subject matter pertaining to the country would not 
be well received. There were no politically oriented student 
associations.

    b. Freedom of Peaceful Assembly and Association.--Under the 
emergency powers in effect since 1962, the Government significantly 
restricted the right to assemble. Freedom to assemble for political 
purposes was not tested during the year.
    Political parties are allowed, but they may not engage in 
``activities that endanger people.'' Civil servants and security force 
personnel, who together made up 60 percent of all employed citizens, 
are not permitted to join political parties. There were two registered 
parties in the country, the Brunei Solidarity National Party (PPKB) and 
the Brunei People's Awareness Party (PAKAR). Both parties pledged their 
support to the Sultan and the system of government, although they 
criticized administrative deficiencies. During the year, the parties 
largely were inactive, their few activities often went unpublicized, 
and they were hindered by membership restrictions. However, several 
members and former members of political parties were consulted 
informally about the program of the resumed Legislative Council.
    The few nongovernmental organizations (NGOs) were based locally and 
generally were professional, business, or social associations. An NGO 
seeking to operate in the country is required to apply for permission 
under the Companies Act and provide a list of members. The Government 
continued to restrict the activities of international service 
organizations such as Rotary, Kiwanis, and the Lions, which developed 
out of the established business community. Religious regulations 
promulgated by the Ministry of Religious Affairs and the State Mufti's 
Office prohibit Muslims from joining these organizations.

    c. Freedom of Religion.--The Constitution states, ``The religion of 
Brunei Darussalam shall be the Muslim religion according to the Shafi'i 
sect of that religion: Provided that all other religions may be 
practiced in peace and harmony by the person professing them in any 
part of Brunei Darussalam.'' The Government controlled mosques, and the 
Ministry of Religious Affairs prepared the weekly Friday sermons 
delivered in mosques countrywide. In 1993, the Government participated 
in issuing the Kuala Lumpur Declaration, which affirms the right of all 
persons to a wide range of human rights, including freedom of religion. 
However, the Government restricted the practice of non-Islamic 
religions and of non-Shafi'i Islamic groups.
    The Government reinforced the legitimacy of the hereditary monarchy 
and the observance of traditional and Islamic values through a national 
ideology known as the Melayu Islam Beraja, or ``Malay Muslim 
Monarchy.'' Constitutional provisions allow for the full and 
unconstrained exercise of religious freedom; however, the Government 
routinely restricted the practice of non-Muslim religions by 
prohibiting proselytizing; occasionally denying entry to foreign clergy 
or particular priests, bishops, or ministers; banning the importation 
of religious teaching materials or scriptures such as the Bible; and 
denying requests to expand or build new churches, temples, and shrines. 
There has been a Catholic apostolic prefecture in the country since 
1998 headed by an ethnic Chinese Bruneian Prefect. While not permitted 
to build new premises, Christian churches were given permission to 
repair and expand premises on safety grounds. All non-Shafi'i religious 
groups are required to register as associations under the Societies 
Act, but in 2003 two Christian groups were denied permission to 
register, which is required by law for a group to worship communally. 
An organization that fails to register can face charges of unlawful 
assembly. Only Islamic groups belonging to the Shafi'i school are 
permitted to organize public religious processions; however, during the 
year, a limited number of public lion dances to celebrate the Chinese 
Lunar New Year were allowed.
    Muslims who wished to change or renounce their religion faced 
considerable difficulties. Born Muslims faced official and societal 
pressure not to leave Islam. Permission from the Ministry of Religious 
Affairs must be obtained, and there were no reports of anyone 
requesting such permission. During the year, there were instances of 
persons, often foreign women, who converted to Islam as a prelude to 
marrying Muslims, as required by the country's Islamic law. If the 
marriages took place, these women faced intense official pressure not 
to return to their former religions or encountered extraordinary delays 
in obtaining permission to do so. There were cases of divorced Muslim 
converts who, because of official and societal pressure, remained 
officially Muslim.
    The Government investigated and used its internal security 
apparatus--including such measures as surveillance, investigation, and 
detention--against persons whom it considered to be purveyors of 
radical Islam, non-Muslims who attempted to proselytize, and religious 
groups that did not belong to the official religion. It has banned the 
Baha'i faith and the Islamist Al-Arqam movement and detained a number 
of the latter's followers. In July, the Government released six members 
of the movement who had been detained since September 2003. Before 
their release, the six underwent several months of ``rehabilitation,'' 
which entailed physical and psychological pressure, public 
renunciations, and re-education. A seventh man, Mohammed Ashadi Haji 
Sulaiman, who had been arrested later than the six, remained in 
detention at year's end. Unlike in previous years, the Government did 
not detain evangelical Christians for alleged subversive activities.
    Non-Muslims who proselytize may be arrested or detained and held 
without charges for an extended period of time.
    During the year, the Government continued work on a proposed 
alignment to combine the country's secular law and Shari'a into a 
single, comprehensive legal code. The authorities enforced some Shari'a 
regulations and in April arrested 46 Muslims for not performing Friday 
prayers. Thirty-two of those arrested were foreigners. The offenders 
were fined and later released. There was a marked increase in arrests 
for other offenses under Shari'a, such as ``khalwat'' and consumption 
of alcohol.
    During the year, the Government routinely censored magazine 
articles on other faiths by blacking out or removing photographs of 
crucifixes and other Christian religious symbols. In addition, 
government officials prevented the public display, distribution, and 
sale of items featuring non-Islamic religious symbols.
    The Ministry of Education requires courses on Islam or the national 
ideology, the Malay Muslim Monarchy, and prohibits the teaching of 
other religions. The Ministry requires that all students, including 
non-Muslims, follow a course of study on the Islamic faith and learn 
Arabic script. The International School of Brunei and the Jerudong 
International School were exempt from these requirements. Private 
Christian schools are not allowed to give Christian instruction and are 
required to give instruction on Islam. However, the Government did not 
prohibit or restrict parents from giving religious instruction to 
children in their own homes.
    The Government requires residents to carry an identity card that 
states the bearer's religion. Visitors to the country are asked to 
identify their religion on their landing cards.
    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 restricts the movement of 
former political prisoners during the first year of their release. 
Generally, the Government does not restrict the freedom of movement of 
citizens, visitors, and permanent residents. Government employees, both 
citizens and foreigners working on a contractual basis, must apply for 
approval to go abroad, which was granted routinely.
    Under a colonial-era law, the Sultan may forcibly exile, either 
permanently or temporarily, any person deemed to be a threat to the 
safety, peace, or welfare of the country. However, since independence 
there have been no cases of banishment of citizens.
    The country is not party to the 1951 Convention on the status of 
refugees or the 1967 Protocol relating to the status of refugees. No 
legal provision exists for granting temporary refuge or refugee status 
to those seeking such refuge or asylum. Under the law, persons arriving 
without valid entry documents and means of support are considered 
illegal immigrants and are refused entry. There were no reported cases 
of individuals seeking temporary refuge during the year.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    Citizens did not have the right to change their government 
peacefully, and civil servants are not permitted to join political 
parties. In September, the Sultan named a fully appointed Legislative 
Council, which he revived after a 20-year suspension. However, the 
Council had no powers independent of the Sultan. Political authority 
and control rested entirely with the Sultan, while the Council provided 
a forum for public discussion of proposed government programs as well 
as administrative deficiencies. Members of the Sultan's appointed 
Cabinet served as his principal advisors.
    Individuals sought to express their views or to influence 
government decisions and policies by posting messages to Internet 
discussion boards, writing letters to local newspapers, and petitioning 
the Sultan or handing him letters when he appeared in public (see 
Section 2.a.).
    The country has attempted, with limited success, to 
institutionalize a form of popular representation based on a 
traditional system of village chiefs elected by secret ballot by all 
adults. Candidates must be approved by the Government and must be Malay 
or of a recognized indigenous race. These leaders are expected to 
communicate constituents' wishes through a variety of channels, 
including periodic meetings, chaired by the Home Affairs Minister, with 
several officials appointed by the Sultan. Regular meetings between 
senior government officials and ``Mukim'' (a group of villages) 
representatives allowed for airing of local grievances and concerns.
    In September, in addition to reviving the Legislative Council, the 
Sultan also announced changes to the Constitution that consolidated his 
executive powers while providing for limited elections to the 
Legislative Council. Amendments to royal succession to include the 
Sultan's sons from a second (now divorced) wife also were approved.
    There were reliable reports of concealed corruption in the 
Government. The Government has announced a ``zero tolerance'' policy 
for corrupt policy and has successfully prosecuted a number of low-
level officials. The Government also began prosecuting a former 
Minister of Development on charges of corruptly awarding government 
projects and accepting bribes. The case had not been decided at year's 
end.
    In 2000, the Government declared its intention to be more 
transparent. While there has been some minor improvement, the 
Government continued to restrict and classify as confidential any 
information on the Government's and the royal family's financial 
dealings, particularly regarding expenditures, revenues, and incomes.
    The lack of a representative, democratic government seriously 
limited the role of both men and women in government and politics, 
although women were limited to a greater extent. There were no women 
ministers in the Government or the Legislative Council, although the 
Sultan's sister, Princess Masna, was the second-ranking official in the 
Ministry of Foreign Affairs, and there were women ambassadors, judges, 
and other senior officials.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    The Consumers' Association of Brunei (CAB), established in 2002, 
attempted to address human rights but was impeded by the Government 
from doing so. In the past, the CAB has publicized poor working and 
living conditions of foreign workers involved in protest work stoppages 
(see Section 6.e.). In 2002, the organization received a letter from 
the Commissioner of Police requesting CAB to show reason why it should 
not be deregistered for exceeding its mandate, which primarily focused 
on consumer rights. Senior CAB members reportedly were subjected to 
surveillance. The association was able to show evidence of its mandate 
to address workers' rights, but subsequently the local media did not 
publicize the association's activities.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The Constitution does not contain specific provisions prohibiting 
discrimination based on race, sex, disability, language, or social 
status.

    Women.--The extent of spousal abuse was unknown. During the year, 
there were approximately 80 reported cases of domestic violence against 
women. The criminal penalty for a minor domestic assault is 1 to 2 
weeks in jail and a fine. An assault resulting in serious injury is 
punishable by caning and a longer jail sentence.
    A special unit, staffed by female officers, existed within the 
police department to investigate domestic abuse and child abuse 
complaints. A hotline was in service for persons to report domestic 
violence. The Ministry of Culture's Social Affairs Services (SAS) Unit 
provided counseling for women and their spouses. During the year, 
approximately 20 female domestic abuse victims were sheltered at the 
Taman Noor Hidayah, a shelter run by the SAS unit. According to press 
reports, the female victims were restricted to the shelter while 
waiting for their cases to be brought to court. The reports increased 
pressure on the shelter residents to leave the shelter and drop charges 
to avoid social stigma.
    Islamic courts, staffed by both male and female officials, offered 
counseling to married couples in domestic violence cases. Officials did 
not encourage wives to reconcile with flagrantly abusive spouses, and 
the Islamic courts recognized assault as grounds for divorce.
    Female domestic servants, most of whom were foreign workers (see 
Sections 6.c. and 6.e.), also were subjected to abuse. While the level 
of violence in society generally was low, beating servants or refusing 
them the right to leave the house on days off was more prevalent. Since 
most foreign female domestics were highly dependent on their employers, 
those subject to abuse often were unwilling or unable to bring 
complaints, either to the authorities or to their governments' 
embassies. However, when such complaints were brought, the Government 
generally was quick to investigate allegations of abuse and impose 
fines and punishment as warranted. Several workers settled assault 
cases out of court with their employers. One foreign embassy maintained 
a shelter for domestics involved in disputes with employers and was 
active in protecting their citizens' rights.
    Prostitution is illegal. Women who entered the country for purposes 
of prostitution generally were tried, sentenced, and deported swiftly 
(see Section 5, Trafficking).
    In accordance with certain Islamic traditions, women are denied 
equal status with men in a number of important areas such as divorce, 
inheritance, and custody of children. However, the law permits female 
citizens to pass their nationality on to their children and to own 
property and other assets, including business properties.
    Although men were eligible for permanent positions in government 
service whether or not they had university degrees, women without 
university degrees were eligible to hold government positions only on a 
month-to-month basis. Women in month-to-month positions received 
slightly less annual leave and fewer allowances than their male and 
female counterparts in permanent positions.
    There were no separate pay scales for men and women, and in recent 
years, there has been a major influx of women into the work force. 
Women served in a wide variety of capacities in the police and armed 
forces. The number of female university graduates increased, and nearly 
two-thirds of the national university's entering class was female.
    Religious authorities strongly encouraged Muslim women to wear the 
``tudong,'' a traditional head covering, and most women did so. Most 
government departments and the uniformed services required female 
Muslims and non Muslims to wear the tudong as part of their dress code. 
All government schools, as well as the national university and other 
educational institutions, also pressured non-Muslim students to wear 
the tudong as part of these institutions' uniforms.

    Children.--No statistics were published regarding the welfare of 
children. The strong commitment to family values within society, the 
high standard of living, and government funding for children's welfare 
provided most children a healthy and nurturing environment. Education 
is free, compulsory, and universal for the first 9 years, after which 
it is still free but no longer compulsory. With a few exceptions, 
involving small villages in extremely remote areas, nutritional 
standards were high and poverty was almost unknown. Medical care for 
all citizens, including children, was subsidized heavily and widely 
available. Approximately 20 young female rape and sexual abuse victims, 
between 9 and 15 years of age, were housed at the government sponsored 
Taman Noor Hidayah women's shelter. The penalty for the rape of a minor 
is imprisonment for 8 to 30 years and caning with not fewer than 12 
strokes.

    Trafficking in Persons.--A statute outlaws sexual exploitation and 
trafficking of women and girls. In addition, a variety of other laws, 
primarily those related to prostitution and the protection of minors, 
could be applied against sex traffickers. The country has been a 
destination for a small number of persons trafficked for sexual 
exploitation from China and within the region. There were very few 
identifiable cases of trafficking, and the majority of women who 
entered the country as sex workers were considered to have done so 
voluntarily. Immigration, labor, and religious regulations that 
criminalize prostitution also served to deter trafficking. There were 
reports of foreign household laborers who worked under harsh conditions 
and whose freedom of movement was restricted (see Section 6.e.).
    In December, the Government introduced a specific antitrafficking 
law under which a person convicted of trafficking persons, harboring 
smuggled persons, or endangering the lives or safety of trafficked or 
smuggled persons can be fined up to $606,060 (B$1 million), imprisoned 
for up to 30 years, and caned. A person convicted of facilitating 
trafficking or smuggling persons can be fined up to $30,303 (B$50,000) 
and imprisoned for up to 10 years. Immigration and other law 
enforcement officials have begun receiving training to investigate and 
prosecute suspected offenders to deal with trafficked victims under the 
terms of the new law.

    Persons With Disabilities.--The law does not mandate accessibility 
or other assistance for persons with disabilities. The Government 
attempted to provide educational services for children with 
disabilities; however, these efforts did not meet international norms.

    National/Racial/Ethnic Minorities.--There were a sizeable number of 
``stateless'' persons and permanent residents, mostly ethnic Chinese, 
including persons born and raised in the country, who were not 
automatically accorded citizenship and its attendant rights. They had 
to travel abroad as stateless persons and did not enjoy the full 
privileges of citizenship, including the right to own land. Stateless 
persons and permanent residents also were not entitled to subsidized 
medical care. In June 2003, a reform to the nationality law allowed 
some older, stateless persons and some permanent residents over age 50 
to acquire citizenship by passing an oral rather than a written 
nationality test. All stateless persons and permanent residents became 
entitled to free education at government schools and other vocational 
and technical institutions.
Section 6. Worker Rights
    a. The Right of Association.--Trade unions are legal and 
independent but must be registered with the Government. All workers, 
including civil servants other than those serving in the military and 
those working as prison guards or police officers, may form and join 
trade unions. In practice, there was no union activity in the country. 
The Government did not encourage unions or facilitate their formation, 
and employers in the industrial sector did not encourage foreign 
workers to form unions. The three registered trade unions were in the 
oil sector, had a total membership of less than 5 percent of that 
industry's work force, and were inactive. There were over 100,000 
foreign workers in the country, including almost 20,000 garment 
industry workers, none of whom were members of any trade union.
    The law permits the formation of trade union federations but 
forbids affiliation with international labor organizations. The country 
has ratified none of the International Labor Organization's (ILO) eight 
Fundamental Conventions.

    b. The Right to Organize and Bargain Collectively.--There was no 
union activity in the country, and questions of government interference 
in union matters and employer discrimination against union members did 
not arise. There is no legal foundation for collective bargaining, and 
strikes are illegal. Wage and benefit packages were based on market 
conditions.
    There is a free trade zone in Muara Port, known as the Muara Export 
Zone (MEZ). The labor laws are fully applicable in the MEZ.

    c. Prohibition of Forced or Compulsory Labor.--The law prohibits 
forced or compulsory labor, including by children; however, there were 
reports that some foreign domestic workers worked under unacceptable 
conditions (see Section 6.e.). Other workers, most notably in the 
garment industry, signed contracts with employment agents or other 
sponsors in their home countries that reduced their promised salaries 
through payments to the agencies or sponsors. In 2003, the Government 
forbade wage deductions to agencies or sponsors and mandated that 
employees receive their full salaries. However, the payment by foreign 
workers of high fees to manpower agents to obtain work in the country 
continued.

    d. Prohibition of Child Labor and Minimum Age for Employment.--
Various laws prohibit the employment of children under the age of 16. 
Parental consent and approval by the Labor Commission is required for 
those under the age of 18. Female workers under 18 may not work at 
night or on offshore oil platforms. The Department of Labor (DOL), 
which is part of the Ministry of Home Affairs, effectively enforced 
laws on the employment of children. There were no reports of violations 
of the child labor laws.
    The Government adhered to the standards of ILO Convention 182 on 
the worst forms of child labor, but it is not a member of the ILO.

    e. Acceptable Conditions of Work.--Due to the ongoing economic 
downturn and reduced government hiring, unemployment has grown in 
recent years. However, most citizens who had employment commanded good 
salaries. There is no minimum wage. The standard workweek is Monday 
through Thursday and Saturday, with Friday and Sunday off, allowing for 
two 24-hour rest periods each week. Overtime is paid for work in excess 
of 48 hours per week, and double time is paid for work performed on 
legal holidays. Occupational health and safety standards are 
established by government regulations. The DOL inspected working 
conditions on a routine basis and in response to complaints. The DOL 
generally enforced labor regulations effectively. However, enforcement 
in the unskilled labor sector was lax, especially for foreign laborers. 
The DOL may close any workplace where health, safety, or working 
conditions are unsatisfactory, and it has done so. The law permits a 
worker to leave a hazardous job site without jeopardizing his 
employment, but generally this did not occur.
    At least 100,000 foreign nationals worked in the country. There 
were reports of foreign maids and other domestic workers who worked 
exceptionally long hours, did not have a rest day, and whose liberty 
was severely restricted. There also were isolated reports of employers 
who beat domestic employees or did not provide them with adequate food. 
The Government prosecuted some cases; employers found guilty of abuses 
typically were fined and asked to compensate the victim.
    Government protective measures for foreign workers included arrival 
briefings for workers, inspections of facilities, and a telephone 
hotline for worker complaints. Government mediation continued to be the 
most common means used to resolve labor disputes. Abusive employers 
faced criminal and civil penalties. When grievances cannot be resolved, 
repatriation of foreign workers is at the expense of the employer, and 
all outstanding wages must be paid. The majority of abuse cases were 
settled out of court by the payment of financial compensation to the 
worker by the errant employer.
    In February, the country amended its immigration laws by 
introducing retroactive prison sentences and caning for overstaying 
workers and illegal immigrants seeking work, as well as for workers 
employed by companies other than their initial sponsor. While the 
majority of prosecutions were for long-term overstayers, many workers 
were in illegal status owing to their former employers' negligence. 
Diplomatic missions appealed to the Government to delay the 
introduction of caning penalties and not apply the law retroactively. 
The Government delayed the introduction of caning penalties until June.
    Several hundred workers were duped by foreign and local manpower 
agents into paying high recruitment fees to obtain a 3-month short-term 
work contract. Many of the workers subsequently were not able to 
transfer to standard 2-year contracts, and some lapsed into illegal 
immigration status. Diplomatic missions also appealed to the Government 
for leniency for these persons, and the Government granted their 
request. The Government acted to close this loophole by requiring 
employment agencies to register and limiting work permit renewals to 
registered agents.
    Beginning in June, the Government also used the Labor Act's 
provisions to prosecute errant employers who employed illegal 
immigrants or did not process workers' documents, rendering them in 
illegal status. In addition, it began prosecuting employers for not 
paying workers' salaries. In one case, the court ordered a citizen to 
pay 17 months' salary arrears to his maid or serve a 9-month jail term.

                               __________

                                 BURMA

    Since 1962, Burma has been ruled by a succession of highly 
authoritarian military regimes dominated by the majority Burman ethnic 
group. In 1990, pro-democracy parties won more than 80 percent of the 
seats during generally free and fair parliamentary elections, but the 
junta refused to recognize the results. The current controlling 
military junta, the State Peace and Development Council (SPDC), is the 
country's de facto government, with subordinate Peace and Development 
Councils ruling by decree at the division, state, city, township, ward, 
and village levels. On October 19, hardliners further consolidated 
their power by ousting former Prime Minister Khin Nyunt and appointing 
Soe Win. From May through July, the SPDC reconvened a National 
Convention (NC) as part of its purported ``Road Map to Democracy.'' The 
NC excluded the largest opposition party and did not allow free debate. 
The judiciary was not independent and was subject to military control.
    The Government reinforced its rule with a pervasive security 
apparatus. Until its dismantling in October, the Office of Chief 
Military Intelligence (OCMI) exercised control through surveillance, 
harassment of political activists, intimidation, arrest, detention, 
physical abuse, and restrictions on citizens' contacts with foreigners. 
After October, the Government's new Military Affairs Security (MAS) 
assumed a similar role, though apparently with less sweeping powers. 
The Government justified its security measures as necessary to maintain 
order and national unity. Members of the security forces committed 
numerous serious human rights abuses.
    Although resource rich, the country is extremely poor. The 
estimated annual per capita income was approximately $225. Most of the 
population of more than 50 million lived in rural areas at subsistence 
levels. More than 4 decades of economic mismanagement and endemic 
corruption have resulted in widespread poverty, poor health care, 
declining education levels, poor infrastructure, and continuously 
deteriorating economic conditions. During the year, poor economic 
policymaking, lingering consequences of the 2003 private banking sector 
collapse, and the economic consequences of international sanctions 
further weakened the economy.
    The Government's extremely poor human rights record worsened, and 
the Government continued to commit numerous serious abuses. Citizens 
still did not have the right to criticize or change their government. 
Unlike in previous years, there were no reports of government-
affiliated agents killing pro-democracy activists. Security forces 
continued to carry out extrajudicial killings. Disappearances 
continued, and security forces raped, tortured, beat, and otherwise 
abused prisoners and detainees. Citizens were subjected to arbitrary 
arrest without appeal. Arrests and detention for political dissent 
occurred on numerous occasions. During the year, the Government 
arrested at least 85 democracy supporters, primarily members of the 
country's largest pro democracy party, the National League for 
Democracy (NLD), although it subsequently released 42. The remaining 43 
were charged, tried, and imprisoned.
    The Government detained many of them in secret locations without 
notifying their families or providing access to due legal process or 
counsel. During the year, the Government released approximately 59 
persons who were arrested and sentenced to prison following the 
Government orchestrated May 2003 attack on NLD leader Aung San Suu Kyi. 
Since May 2003, the Government has released 151 of 153 individuals who 
were arrested or detained after the attack, including 7 of the 9 
members of the NLD Central Executive Committee. However, Aung San Suu 
Kyi and NLD Vice Chairman U Tin Oo remained under house arrest, and all 
NLD offices, except the Rangoon headquarters, remained closed. The 
Government did not investigate the May 30 attack.
    During the year, the Government released at least 100 long term 
political prisoners, many of whom had already completed their 
sentences. At year's end, an estimated 1,500 security detainees 
remained in prison. In November and December, the SPDC announced it had 
released 14,318 convicts, citing ``improper deeds'' of the disbanded 
National Intelligence Bureau. The Government did not offer evidence to 
support its claim of mass prison releases and only 76 of those released 
were considered political prisoners. Prison conditions remained harsh 
and life threatening, and facilities were Spartan, but prisoners' 
rights continued to improve as a result of efforts by the International 
Committee of the Red Cross (ICRC), which continued to have regular 
access.
    The Government regularly infringed on citizens' privacy; security 
forces continued to monitor systematically citizen's communications, 
search homes without warrants, and relocate persons forcibly without 
just compensation or legal recourse. The Government also continued to 
forcibly relocate large ethnic minority civilian populations, 
confiscate land and property, use forced labor, and conscript child 
soldiers. The Government also forced conscription of the civilian 
population into militia units. The Government did not take steps to 
prosecute or punish human rights abusers.
    The Government continued to restrict severely freedom of speech, 
press, assembly, association, and movement. The Government restricted 
freedom of religion, coercively promoted Buddhism over other religions, 
and imposed restrictions on religious minorities. Acts of 
discrimination and harassment against Muslims continued. Security 
forces continued to monitor systematically citizens' movements and 
continued to restrict freedom of movement, in particular, foreign 
travel by young female citizens.
    The Government did not permit domestic human rights organizations 
to function independently and remained hostile to outside scrutiny of 
its human rights record. It refused several requests by the U.N. 
Special Rapporteur on Human Rights (UNSRHR), Paulo Sergio Pinheiro, to 
visit. Senior government officials also refused to meet the UNSRHR 
outside the country. The Government allowed the International Labor 
Organization (ILO) to operate a liaison office in Rangoon; however, 
some individuals who sought to report incidents of forced labor were 
detained or subjected to criminal prosecution.
    Violence and societal discrimination against women remained 
problems, as did discrimination against religious and ethnic 
minorities. Trafficking in persons, particularly in women and girls 
primarily for the purpose of prostitution, remained widespread, despite 
some efforts to address the problem. The Government continued to 
restrict worker rights, ban unions, and use forced labor for public 
works and for the support of military garrisons. Forced child labor 
remained a serious problem, despite recent ordinances outlawing the 
practice. The forced use of citizens as porters by the military 
including mistreatment, illness, and sometimes death continued, as did 
forced recruitment of child soldiers.
    Ethnic armed groups including the Karen National Union (KNU), the 
Karenni National Progressive Party (KNPP), and the Shan State Army 
South (SSA South) also reportedly committed human rights abuses, 
including killings, rapes, forced labor, and conscription of child 
soldiers, although on a lesser scale than the Government.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Arbitrary or Unlawful Deprivation of Life.--Unlike in previous 
years, there were no known instances of government-affiliated agents 
killing pro-democracy activists. In March, the Shan Human Rights 
Foundation (SHRF) reported a commander from Light Infantry Battalion 
514 beat a civilian to death in front of a military checkpoint in Mong 
Kung Township, Shan State for refusing to provide his vehicle for 
forced labor.
    In July, there was an unverified, but credible report that Maung 
Aye, a theft suspect, died after being beaten while in police custody 
(see Section 1.c.).
    The Government refused to investigate, or to take any 
responsibility for, the May 2003 attack by government affiliated forces 
on an NLD convoy led by party leader Aung San Suu Kyi near the village 
of Depeyin. During the attack, the assailants used bamboo staves and 
metal pipes to kill or injure at least six pro democracy supporters 
including four NLD members: San Myint, Tin Maung Oo, Thein Toe Aye, and 
Khin Maung Kyaw. Also killed were Min Zaw Oo, a student; and U Panna 
Thiri, a Buddhist monk. There were credible reports of two more victims 
who later died of their injuries. Villagers and survivors of the attack 
reported that the attackers might have killed as many as 70 pro 
democracy supporters accompanying the NLD convoy, but there was no 
official verification of this number. By year's end, the fate of other 
injured persons, including 47 pro democracy supporters from the convoy, 
remained unknown. Of the 10 missing NLD members injured in the attack, 
8 fled to Thailand, 1 (Tun Aung Kyaw) died, and 1 remained in hiding.
    According to credible reports, throughout the night following the 
attack, security forces clashed with and may have killed scores of 
villagers, students, and Buddhist monks in the villages surrounding the 
attack site. The Government did not acknowledge the alleged killings in 
the surrounding villages. Diplomatic observers received credible 
reports that 16 injured attackers were hospitalized at a military base 
in Monywa, Sagaing Division, and subsequently released on July 2. The 
Government did not credibly investigate any of the attacks.
    Officials reportedly involved in the assault were not held 
accountable and in fact continued to be promoted. On October 19, 
Lieutenant General Soe Win, reportedly involved in planning the attack, 
was promoted to Prime Minister, the third highest ranking position in 
the SPDC. Regional commander Major General Soe Naing, reliably reported 
to be responsible for executing the attack, was made commander of the 
Irrawaddy Division. Deputy Regional Commander, Brigadier General Ohn 
Myint, was promoted to commander of the military's Coastal Command. 
Reliable sources reported that Lieutenant Colonel Than Han, Chairman of 
Shwebo District, Sagaing Division Peace and Development Council, the 
senior regional political figure responsible for the attacks, was 
promoted to brigadier general and appointed director of Police 
Operations.
    Similarly, there were no reports that the Government took action to 
investigate or prosecute soldiers involved in any of the 2003 killings 
reported by the SHRF and the KNU: two farmers accused of being or 
helping Shan soldiers in Namhsan Township, Shan State; a displaced 
farmer in Lai Kha Town in Shan State; a farmer at a remote farm in Shan 
State; and two Karen village chiefs.
    There also were no reports that the Government took action to 
investigate or prosecute soldiers involved in the following acts 
reported in 2002: the killing of 10 persons, including 6 children, and 
the injuring of 9 in Karen State; the robbery and killing of 6 
civilians near the Thailand border in Shan State; and the killing of 10 
villagers in Kholam, Shan State.
    In August 2002, the International Confederation of Free Trade 
Unions (ICFTU) reported that army troops killed an official of the Free 
Trade Union of Burma (the Kawthoolei Education Workers Union) (see 
Section 6.a.).
    There were several unverified reports of deaths due to security 
forces using civilians to clear landmines; however, reported incidents 
declined from previous years due to a temporary cease fire between the 
Government and the KNU (see Section 1.g).
    Some armed ethnic groups also reportedly committed killings during 
the year. According to the government newspaper, The New Light of 
Myanmar, on August 1, the Shan United Revolutionary Army killed five 
farmers in Namhsan Township.

    b. Disappearance.--Private citizens and political activists 
continued to ``disappear'' for periods ranging from several hours to 
several weeks or more, and many persons never reappeared. Such 
disappearances generally were attributed to authorities detaining 
individuals for questioning without informing family members and the 
army's practice of seizing private citizens for porterage or related 
duties, often without notifying family members (see Section 6.c.). 
Diplomatic observers reported an improved response by police 
authorities to requests for information on missing or incarcerated 
individuals. No improvement was reported regarding requests for 
information directed to the military or military intelligence services. 
In many cases, individuals who were detained for questioning were 
released soon afterward and returned to their families.
    In late January, Nyan Gyi, an NLD youth member from South Dagon 
Township, disappeared. Family members initially were unable to trace 
him, but eventually learned through the relative of another prisoner 
that he was in Insein prison and on trial. At year's end, he still was 
being denied access to family members and lawyers.
    There was no further information on the 17 cases mentioned in a 
2003 Amnesty International (AI) report of persons who disappeared while 
in Government detention in 2002.
    The whereabouts of persons seized by military units to serve as 
porters, as well as prisoners transferred for labor or porterage 
duties, often remained unknown. Family members generally learned of 
their relatives' fates only if fellow prisoners survived and later 
reported information to the families.
    There were no developments in the August 2003 case of a 15 year old 
student and three or four other youths who disappeared from a Rangoon 
teashop and were believed to have been forcibly taken by the Government 
for military portering.

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--There are laws that prohibit torture; however, members of 
the security forces reportedly tortured, beat, and otherwise abused 
prisoners, detainees, and other citizens. They routinely subjected 
detainees to harsh interrogation techniques designed to intimidate and 
disorient. In June, four members of the NLD were taken into custody, 
interrogated, and forced to stand on stools for 3 days. The four were 
forced to sign false written confessions that led to prison sentences 
of up to 15 years for violating the Emergency Provision Act of 1950, 
the Unlawful Association Act of 1908, and the Immigration Act of 1947 
(amended in 1950 and 1962). The court ruled the three sentences would 
not have to be served consecutively, but rather the defendants would 
serve the longest of the three counts (7 years). The son of the most 
prominent member of this group also was taken into custody and beaten 
by OCMI agents before being released.
    Reliable sources reported that on February 24, authorities at 
Insein prison beat NLD member Khin Maung Oo unconscious. Also in 
February, there was an unverified report that Rangoon police and 
firemen beat San Htay for unknown reasons. In July, there was an 
unverified but credible report that Maung Aye, a theft suspect, died 
after being beaten while in police custody.
    The military routinely confiscated property, cash, and food, and 
used coercive and abusive recruitment methods to procure porters. 
Persons forced into porterage or other labor faced extremely difficult 
conditions, beatings, lack of food, lack of clean water, and 
mistreatment that at times resulted in death.
    Karen sources reported that human rights abuses in Karen State 
declined significantly after cease fire talks between the SPDC and the 
KNU began in January; however, subsequent reports indicated that the 
military continued to commit abuses, including beatings, rape, forced 
mine clearing, and forced labor, against villagers in Karen State and 
Tanintharyi Division.
    In September, a credible source in Karen State reported that 
soldiers from the pro government Democratic Karen Buddhist Army (DKBA) 
raped several young Buddhist nuns (ages 8 11).
    The Government did not investigate the 2003 reports that a DKBA 
commander and government soldiers used threats and beat villagers in 
Karen State to recruit forced laborers.
    Eyewitnesses reported that during the May 2003 attack on the NLD, 
government affiliated attackers raped several female democracy 
supporters. The Government did not investigate these allegations.
    Throughout the year, there were credible reports of government 
soldiers raping women who were members of ethnic minorities in Karen 
State, Shan State, and Mon State.
    In December 2003, OCMI agents arrested and later sent Kyaw Ye Win 
and Khin Hla Hla Su Win to Ywathagyi psychiatric hospital for 
demonstrating in front of Rangoon City Hall for the release of all 
political prisoners. There was no further information on this case at 
year's end.
    Prison and labor camp conditions generally remained harsh and life 
threatening; however, during the year, the ICRC reported the Government 
did a better job meeting standards set by existing regulations. The 
Department of Prisons operated approximately 35 prisons and 
approximately 70 labor camps throughout the country (see Section 6.c.). 
In prisons, food, clothing, and medical supplies reportedly were in 
very short supply. Bedding consisted of a single mat on the floor. 
Prisoners were forced to rely on their families, who were allowed to 
visit once every 2 weeks for 15 minutes per visit, for basic 
necessities. Prisoners were held without being charged for weeks or 
months, and until a prisoner was officially charged with a crime, 
families could not visit or send critical supplementary food. HIV/AIDS 
infection rates in prison reportedly were high due to communal use of 
single syringes for injections and sexual abuse by other prisoners. In 
March, unverified reports indicated that the Government revoked access 
by prisoners to periodicals and television granted following a visit 
from the UNSRHR in 2003.
    The Government continued to deny prisoners adequate medical care; 
however, the ICRC reported that a joint working group consisting of the 
ICRC, the Department of Prisons, and the Ministry of Health created a 
central medical service for all prisons. Ministry of Health 
professionals staffed the service with key personnel trained by the 
ICRC.
    During the year, the health of several political prisoners 
deteriorated. On February 24, imprisoned student leader Htay Kywe 
suffered a life threatening deterioration in his health following a 
routine operation. He was released on October 26 (see Section 1.d.). 
Other prominent political prisoners who suffered deteriorating health 
included: student leader Ko Ko Gyi; NLD Members of Parliament elect 
(M.P.s-elect) Dr. Than Nyein and U Naing Naing; and journalists Htwe 
Myint (released on December 11) and U Win Tin.
    On December 8, Dr. Than Nyein, who suffers from liver disease, was 
not permitted to keep a previously scheduled doctor's appointment. 
Instead, he was transferred to Paungte Prison, where medical care is 
not available.
    During the year, three prisoners died in custody. On January 28, 
Shwe Tin, an executive of a defunct political party, died at Taungoo 
Prison. Min Thu, a former student leader and a lawyer, died on June 12 
at Insein Prison. The Prison Department authority did not inform family 
members of these deaths. On October 19, Zaw Myo Htet died from severe 
liver disease while in custody. In 2003, at least three political 
prisoners died in custody.
    During the year, three political prisoners died of untreated 
medical conditions shortly after being released. On July 20, NLD member 
and artist Wa-ne Soe died of liver cancer within a month of his 
release. Shortly thereafter, Than Win died of liver cirrhosis. On July 
25, well known poet and NLD member Kyi Tin Oo died after an early 
release on March 26 due to liver complications contracted while in 
prison.
    The health of Soe Win, an M.P. elect for the pro democracy Party 
for National Democracy, improved during the year, though he remains 
blind in one eye due to injuries received during detention in June 
2003. In July 2003, the Government claimed he had attempted suicide, 
but did not provide any information or proof of an investigation into 
this case. In September 2003, 74 year old Tin Aye, former Chairman of 
the University Student Union, died 1 month after the Government 
released him from a lengthy prison sentence. Aung Zaya, chairman of the 
Democratic Party for New Society, who was released in 2003 after 11 
years in detention, became paralyzed from abuse and inadequate medical 
attention during his imprisonment; his ill health and disability 
continued during the year.
    According to the Government, political detainees were separated 
from common criminals, juveniles from adults, and men from women. 
According to the ICRC, the Government's stated position was that 
political prisoners should not be subjected to hard labor.
    During the year, the ICRC conducted periodic visits to all prisons 
in the country, with the goal of visiting each at least once a year. 
The ICRC reports that as a result of a constructive dialogue with the 
Government on prison problems it has the right to talk in private with 
prisoners; to make repeated visits as desired; and to have full access 
to prisoners. ICRC visits to labor camps began in March 2000 and 
continued during the year. There reportedly were approximately 70 
camps, but many were temporary, existing only long enough to complete a 
specific work project. The Government allowed the ICRC to perform its 
traditional services, such as providing medications, delivering letters 
to and from prisoners, and providing support for family visits to 
prisoners.

    d. Arbitrary Arrest or Detention.--During the year, the Government 
continued to rule by decree and was not bound by any constitutional 
provisions providing for fair public trials or any other rights. There 
is no provision in the law for judicial determination of the legality 
of detention, and the Government routinely used arbitrary arrest and 
incommunicado detention. The Penal Code allows authorities to extend 
sentences after prisoners have completed their original sentence, and 
the Government makes regular use of this provision (see Section 1.c).
    The police are auxiliary forces of the military and are under 
direct command of military officers. They primarily deal with common 
crimes and do not handle political crimes. The Myanmar Police Force is 
administratively under the Ministry of Home Affairs. Corruption and 
impunity were serious problems due to a government imposed system 
whereby police were required to collect funds for their operations. 
Police typically required victims to pay substantial sums for crime 
investigations, and police often extorted money from the civilian 
population.
    MAS (formerly OCMI) officers are responsible for arresting persons 
suspected of ``political crimes'' that are perceived to threaten or 
undermine the Government. Upon arrest, MAS/OCMI officers, or in some 
cases police officers, take prisoners to MAS/OCMI regional 
interrogation centers where MAS/OCMI officers interrogate the arrested 
person for a period ranging from hours to months and can charge the 
person with a crime at any time during the interrogation. A hood 
frequently was placed on those accused or suspected of political crimes 
upon arrest.
    On December 3, Thet Naung Soe attempted to go on hunger strike in 
prison to demand the release of all political prisoners. His family 
tried to visit him, but the jailors showed them a note written in his 
own handwriting that he did not wish to meet his family at the time. A 
prison official indicated that Thet Naung Soe had refused food and was 
in the prison hospital.
    The Government continued to arrest and detain citizens for extended 
periods without charging them, often under the Emergency Act of 1950, 
which allows for indefinite detention. In 2002, OCMI officers arrested 
Shwe Maung for making a symbolic golden hat for Aung San Suu Kyi and 
placed him in a dark cell for 4 months before charging him with 
``keeping stolen goods,'' and sentencing him in February 2003 to 3 
years imprisonment.
    On April 9, the Government sentenced 11 members of the Mandalay 
Division NLD to between 7 and 22 years in prison for ``illegal 
association'' with an exile group in Thailand. In early June, OCMI 
detained NLD Township Executive members from Magwe and Rangoon 
Divisions Than Than Htay and Tin Myint on similar charges. They were 
interrogated for several weeks before being transferred to Insein 
Prison. Later in June, authorities arrested Ye Ye Win, San Ya, and Ye 
Htet, members of NLD in Theinzayat Township in Mon State, accused them 
of contacting exile groups in Thailand, and held them incommunicado. In 
September, a court sentenced them to 7-years imprisonment. On September 
24, Than Than Htay and Tin Myint, along with one other NLD member, were 
found guilty of violating three counts of Burmese law and sentenced to 
7 years in prison. The Government had no credible evidence against 
them.
    In mid February, the OCMI transferred NLD Vice Chairman U Tin Oo 
(arrested following the May 2003 Depeyin attack) from Kalay Prison, 
Sagaing Division, to his residence in Rangoon where he remains under 
house arrest. In mid April, the Government released NLD Chairman U Aung 
Shwe and Secretary and Party Spokesman U Lwin from house arrest where 
they had been since the 2003 attack. Only Aung San Suu Kyi and U Tin Oo 
remain under house arrest. During the year, authorities further 
restricted the conditions of Aung San Suu Kyi's house arrest by 
removing her personal security detail and limiting visits by her 
personal physician.
    At year's end, the Government had released 151 of 153 arrested 
during and immediately following the Depeyin attack; however, in the 
months following the attack, the Government detained at least 270 
additional NLD members, political supporters, and affiliated monks 
across the country. Some of them were charged with political crimes, 
and some were simply detained arbitrarily. At year's end, all but 
approximately 90 had been released.
    On December 2, NLD representative Dr. Mying Naing was arrested for 
``reckless driving'' and causing injury to a pedestrian in Shwebo, 
Sagaing Division. Although the victim admitted it was her fault, Dr. 
Mying Naing was sentenced to 3 months imprisonment. On December 2, NLD 
member U Kyaw Swe was arrested in Chaung Oo, Sagaing Division on 
charges of possessing an unregistered motorcycle and obstructing 
authorities in the line of duty. He was sentenced to 2 years 
imprisonment in Monywa Prison on December 8. On December 6, 11 NLD 
members from Bogalay Township, Irrawaddy Division were arrested for 
refusing to sign a statement that they would not hold an NLD 
celebration on National Day. On December 19, five NLD members were 
arrested for allegedly possessing and distributing a leaflet titled 
``An Appeal to the Masses,'' which was published by a dissident group 
in Mae Sot, Thailand.
    In January 2003, the OCMI arrested two Buddhist nuns for shouting 
pro democracy slogans and handing out pamphlets in front of the Rangoon 
City Hall and a third nun for opposing the arrest of her colleagues. 
Denied legal representation, the nuns were subsequently sentenced to 13 
years in prison. In June 2003, OCMI officers arrested Myo Khin, Myat 
Gyi, Maung Maung Lay, and Ne Win of the Rangoon Division NLD for 
demanding that authorities reopen the NLD office in Bahan Township, 
Rangoon. Family members were denied access to them for months, and they 
reportedly were sentenced to 7 years in Insein Prison. Only after the 
convictions did the Government allow family members and lawyers to 
visit the prisoners. In September 2003, OCMI officers and local police 
arrested Phone Aung for demonstrating outside Rangoon City Hall calling 
for the release of Aung San Suu Kyi. A court sentenced him in mid 
December 2003 to 14 years at Insein Prison. He did not have legal 
representation during the judicial process, and was denied access to 
his family.
    In 2002, the Government arrested at least 30 political activists in 
Rangoon including educator Hla Htut Soe, Buddhist monk U Veda (lay 
name, Maung Maung Aye), and 2 lawyers, U Aye and U Myint Yi. Also among 
those arrested was Hla Tun, an NLD M.P.-elect from the 1990 election 
who was not known to have been active in the NLD since he was released 
from prison in 1999. According to international press reports the 
Government sentenced approximately a dozen of the activists to prison 
terms of 3 to 22 years.
    Elected M.P.s were harassed and pressured to resign. In northern 
Shan State, local authorities pressured Sai Tun Aung of the Shan 
Nationalities League for Democracy to resign. Than Htay, an elected 
member (NLD) from Lashio, resisted pressure from the Government to 
leave his post. Consequently, local authorities arrested him and 
charged him with four counts of violating the Customs Act, the Export-
Import Act, and the Wireless and Telegraph Act. The police arrested 
Than Htay because his son, who owned a legally registered shop selling 
electronic equipment, had sold an ``illegal'' cordless telephone and 
electronic equipment to a customer. Than Htay was not connected to his 
son's business operationally, although he owned the building in which 
it was located.
    The Government routinely extends prison sentences under the Law 
Safeguarding the State from the Dangers of Subversive Elements. The 
Minister of Home Affairs has the right to extend unilaterally a prison 
sentence on six separate occasions for 2 months, that is, for up to 1 
year. The SPDC Chairman, Senior General Than Shwe, can add 5 years to a 
sentence. In March 2003, Kyaw Hsan, a 74 year-old M.P. elect and 
retired army colonel, completed his politically motivated 10 year 
prison term and was being released; however, when in sight of his 
family at the prison gate he was forced to return to his cell. He 
finally was released on November 19. In 2003, in Mandalay, 10 political 
prisoners, including Ne Win, Tin Aye Yu, Tin Myint, Tin Aye, Zarni 
Aung, Thein Than Oo, Kyaw Sein Maung, Naing Myint, Htay Nyunt, and Soe 
Myint, completed their terms, but were not released. Naing Myint was 
released on November 26. At various times in 2003 and during the year, 
the Government released prisoners being held under this law. At year's 
end, the Government was holding approximately 27 students and political 
activists in prison beyond the expiration of their sentences, including 
Ko Ko Gyi, who was reportedly in poor health.
    Following the October ouster of Prime Minister Khin Nyunt, the SPDC 
initiated three prisoner releases. In November and December, the SPDC 
released 14,318 convicts, citing ``improper deeds'' of the disbanded 
OCMI. Only 76 of those released were considered political prisoners.
    Credible reports indicate that most, if not all, of the 90 
remaining political prisoners arrested formally in connection with the 
May 2003 Depeyin attack have been sentenced. However it is possible 
that the Government is holding some indefinitely, without formal 
sentencing, under the Law Safeguarding the State from the Danger of 
Subversive Elements. The ICRC restored family links for most of those 
detained in connection with the May 2003 attacks.
    Authorities continued to detain private citizens and political 
activists, some of whom disappeared, at times temporarily (see Section 
1.b.).

    e. Denial of Fair Public Trial.--The judiciary is not independent 
of the Government. The SPDC appoints justices to the Supreme Court who, 
in turn, appoint lower court judges with the approval of the SPDC. 
These courts then adjudicate cases under decrees promulgated by the 
SPDC that effectively have the force of law. The court system includes 
courts at the township, district, state, and national levels.
    During the year, the Government continued to rule by decree and was 
not bound by any constitutional provisions providing for fair public 
trials or any other rights. Although remnants of the British era legal 
system formally were in place, the court system and its operation 
remained seriously flawed, particularly in regard to the handling of 
political cases. The misuse of blanket laws including the Emergency 
Provisions Act, the Unlawful Associations Act, the Habitual Offenders 
Act, and the Law on Safeguarding the State from the Danger of 
Subversive Elements and the manipulation of the courts for political 
ends continued to deprive citizens of the right to a fair trial. 
Pervasive corruption further served to undermine the impartiality of 
the justice system.
    There is a fundamental difference between criminal and political 
trial procedures. Some basic due process rights, including the right to 
be represented by a defense attorney, generally were respected in 
criminal cases, but not in political cases that the Government deemed 
especially sensitive. In criminal cases, defense attorneys generally 
are permitted 15 days to prepare for trial, are permitted to call and 
cross examine witnesses, and can be granted a 15 day delay for case 
preparation; however, their primary purpose is to bargain with the 
judge to obtain the shortest possible sentence for their clients. 
Reliable reports indicate that senior junta authorities dictate 
verdicts in political cases, regardless of the evidence or the law. 
Political trials are not open to the public.
    None of the NLD members or the hundreds of pro democracy supporters 
arrested in association with the May 2003 Depeyin attack were given 
public trials. In December 2003, police arrested Thet Lwin, a driver 
for a Canadian mining company, for driving his expatriate supervisor in 
the vicinity of the Rangoon residence of Aung San Suu Kyi. He was held 
incommunicado, and his family had to seek ICRC assistance to learn of 
his whereabouts. In February, a closed court sentenced Thet Lwin to 7 
years in prison under a criminal charge (abuse of narcotics).
    During the year, there was one new arrest of a lawyer with NLD 
connections (see Section 2.a). NLD members generally appeared to be 
able to retain the counsel of lawyers without fear of the lawyers being 
imprisoned; however, lawyers were not always told when trials would 
begin. Approximately 14 lawyers remained imprisoned at year's end. Most 
had been sentenced prior to 1998, when the Government made it easier 
for political prisoners to retain legal counsel.
    During the year, the majority of political prisoners released had 
completed or nearly completed their sentences, or were in poor health. 
Senior military authorities dictated the release of political 
prisoners, and the Government required most political prisoners to sign 
a release form agreeing to serve the remainder of their terms if 
rearrested for any reason. For example, following the May 2003 attack 
on Aung San Suu Kyi and NLD members, the Government detained M.P. elect 
Hla Min for 1 month, released him, and immediately re imprisoned him to 
serve the remainder of a previous prison term. The Government released 
him again in late 2003.
    At year's end, international officials with regular access to 
prisons reported that they have files on 3,600 individual prisoners 
whom they consider potentially vulnerable to abuse: security detainees, 
minors, foreign citizens and others in need of protection. Among these, 
there were some 1,500 ``security detainees": political prisoners 
(approximately 1,300), arms merchants, violators of state security 
laws, and those accused of fostering religious disturbances. The last 
group had the largest increase during the year.
    In late 2003 and early 2004, the Government released 24 NLD M.P.s 
elect who had been arrested on and around May 2003, including: Dr. Zaw 
Myint Maung, Yaw Si, Khun Myint Htun, U Do Daung and Chit Htwe. Among 
the verifiable releases of long term political prisoners by year's end 
were: on January 30, NLD M.P. elect Myint Naing (incarcerated in 1991 
for unlawful association); on June 4, two M.P.s-elect of the Mon 
National Democratic Front (MNDF) Dr. Min Soe Lin and Dr. Min Kyi and 
MNDF Executive Nai Ngwe Thein; on July 12, the Vice Chairman of the 
Arakan League for Democracy and journalist U Thar Ban; on July 15, 
former student leader Dr. Maung Maung Kyaw; on October 15 and November 
1, respectively, student activists Htay Kywe and Dr. Ne Win; on 
November 19, student leader Min Ko Naing, NLD M.P.s-elect U Kyaw San, U 
Ohn Maung, U Toe Po, and Dr. May Win Myint. Other political prisoners 
were also released on November 19, November 26, and December 12. A 
total of 76 known political prisoners were freed in the three separate 
releases.
    Three long term political prisoners died shortly after their 
release from prison during the year (see Section 1.c). Dr. Than Nyein, 
an M.P.-elect from the NLD and the brother in law of former-Prime 
Minister General Khin Nyunt, had his 7 year prison term extended in 
September despite being terminally ill with liver cancer.
    The Government granted Aung San Suu Kyi's brother authority to file 
a second suit against her seeking half ownership of the family 
compound. In 2002, the judge presiding over the case ruled that he had 
the right to inherit the property under Buddhist customary law. At 
year's end, the suit was ongoing. A final decision was postponed 
because the Government prohibited lawyers from having access to Aung 
San Suu Kyi.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The abrogated 1974 Constitution did not provide for 
rights to privacy, and authorities infringed routinely on citizens' 
privacy rights. Through its pervasive intelligence network and 
administrative procedures, the Government systematically monitored the 
travel of all citizens and closely monitored the activities of many 
citizens, particularly those known to be active politically.
    Forced entry without a court order is legal. The law requires that 
any person who spends the night at a place other than his registered 
domicile inform the police in advance. Any household that hosts a 
person not domiciled there must, according to the law, maintain and 
submit a guest list to the police. However, the law is selectively 
enforced. Security forces significantly increased surveillance of 
civilians following the May 2003 Depeyin attack and also after bombings 
that occurred in Rangoon during the year and in 2003. Ward level SPDC 
officials stepped up unannounced nighttime checks of residences for 
unregistered visitors. During the year, the Government sentenced NLD 
party members Than Than Suu Win and Ye Myint to 7-days hard labor for 
failing to register as overnight guests while in Rangoon.
    Security personnel regularly screened private correspondence and 
telephone calls and monitored normally protected communications. In 
June, a foreign investigation team found an eavesdropping device in the 
wall of its Ambassador's meeting room. In March 2003, the UNSRHR found 
a listening device in a prison interview room.
    The authorities generally continued to discourage citizens from 
subscribing directly to foreign publications (see Section 2.a.).
    The Government continued to control and monitor closely the 
licensing and procurement of all two way electronic communication 
devices. Possession of an unregistered telephone, facsimile machine, or 
computer modem was punishable by imprisonment (see Section 2.a.). For 
example, users of unregistered cordless telephones in the country face 
up to 3 years' imprisonment and a steep fine.
    Weak private property rights and poor land ownership records 
facilitated involuntary relocations of persons by the Government. The 
law does not permit private ownership of land; it recognizes only 
different categories of land use rights, many of which are not freely 
transferable. Post colonial land laws also have revived the pre 
colonial tradition that private rights to land were contingent upon the 
land being put to productive use.
    For decades successive military governments have applied a strategy 
of forced relocation against ethnic minority groups in an effort to 
deny support to armed ethnic groups. Such forced relocations continued 
during the year. The forced relocations reportedly often were 
accompanied by rapes, executions, and demands for forced labor to build 
infrastructure for villagers and military units (see Sections 1.c., 
1.e., and 2.d.). There continued to be reports during the year of 
forced relocations to new towns, but the Government provided a grace 
period of 1 year for residents of apartments on 50th street in Rangoon 
to move to Dagon Seikkan in East Rangoon. Similarly, the residents of 
600 houses in Shwe Lin Pann village in Hlaing Tharyan are still in 
their residences after objecting to forced relocation to make way for a 
road construction project.
    Reports of forced relocation in urban areas lessened; however, the 
Government reportedly continued to forcibly relocate households for 
``security'' reasons. In Rangoon, persons were forced to leave homes or 
dwellings located on property that could be used for commercial gain. 
In some cases, those forced to move were poorly compensated. During the 
year the Government gave notices to retired civil servants to move from 
at least two locations in Rangoon by 2005. In 2003, the Government 
forced retired civil servants, who had lived for generations in 
downtown Rangoon, to move out with inadequate compensation. Senior 
Government officials ignored appeals, and under duress many residents 
accepted relocation to apartments estimated to be worth approximately 
10 percent of the value of their vacated homes. There were numerous 
reports that government troops looted and confiscated property and 
possessions from forcibly relocated persons, or persons who were away 
from their homes. These materials often were used for military 
construction. Diplomatic representatives reported that commandeering 
privately owned vehicles for military or VIP transport without 
compensating the vehicle owners was also commonplace throughout the 
country.
    A September 2002 report by a highly respected private citizen in 
Thailand estimated more than 2,500 villages have been destroyed or 
forcibly relocated by Government forces since 1996, displacing more 
than 600,000 citizens. The report estimated that more than 350,000 of 
these citizens were moved to government controlled ``relocation 
centers,'' while the remainder lived in hiding. This practice was 
particularly widespread in Shan, Kayah, and Karen States, and in areas 
of Mon State and Bago Division. In these areas, thousands of civilian 
villagers were displaced from their traditional villages, which often 
were burned to the ground and moved into settlements tightly controlled 
by SPDC troops in strategic areas. In other cases, villagers who fled 
or were driven from their homes found shelter in the forest, frequently 
in heavily mined areas without adequate food, security, or basic 
medical care.
    The forced relocations often generated large refugee flows to 
neighboring countries or to parts of the country not controlled by the 
Government. In some areas, the Government replaced the original 
occupants with ethnic Burmans. In other areas, army units forced or 
attempted to force ethnic Karen to relocate to areas controlled by the 
DKBA.
    The Government has the right to confiscate property without paying 
compensation. During the year, there were several credible, but 
unverified, reports of this occurring across the country. For example, 
in March the Government evicted families and seized land in Chin State 
to make way for an India Burma Thailand highway project. In July, the 
military expropriated the land of 150 households in Ye Township, Mon 
State, for new military buildings. In 2003, diplomatic observers 
reported the Government ordered families to exhume corpses of their 
relatives from a cemetery to make way for construction of a condominium 
project on the outskirts of Rangoon.
    During the year, there were several reports of government 
mistreatment and exploitation of farmers. For example, in January OCMI 
detained five farmers from Letkhopin village, Irrawaddy Division, for 
expressing grievances about uncompensated confiscation of farmland. 
During the year, there were credible reports that the military 
confiscated, without compensation, thousands of acres of farmland in 
Mon State. The Government also reportedly confiscated land in northern 
Shan State when farmers could not repay loans taken out to buy and 
plant a type of Chinese rice hybrid never planted before in Shan State, 
which the Government had required the farmers to plant. In 2003, there 
were reports that civil servants in several areas confiscated 
established farm plots, forcing farmers to buy less desirable land to 
continue their livelihood. There was no information on the 82 farmers 
arrested in February 2003 by local authorities in Kyungyangon, 
Irrawaddy Division, for not providing their paddy rice production quota 
to the Government. Nor was there any further information on the fate of 
the 43 farmers sought by Sagaing Division SPDC officials for failure to 
pay their paddy quota.
    Military personnel also routinely confiscated livestock, fuel, food 
supplies, fishponds, alcoholic drinks, vehicles, or money. Such abuses 
have become widespread since 1997, when the Government ordered its 
regional commanders to meet their logistical needs locally rather than 
rely on the central authorities. As a result, regional commanders 
forced contributions of money, food, labor, and building materials from 
civilians throughout the country (see Sections 1.c. and 6.c.).
    In violation of international humanitarian law, both army and 
insurgent units used forced conscription, including conscription of 
children (see Sections 1.g. and 6.c.).
    Government employees generally were prohibited from joining or 
supporting political parties; however, this proscription was applied 
selectively. In the case of the Government's mass mobilization 
organization, the Union Solidarity and Development Association (USDA), 
the Government used coercion and intimidation to induce many persons, 
including nearly all public sector employees and students, both to join 
the union and to attend meetings in support of the Government (see 
Section 2.a.).
    Marriages between female citizens and foreigners were officially 
banned, and the Government ordered local attorneys not to be witnesses 
to such marriages. However, the ban was not enforced.

    g. Use of Excessive Force and Violations of Humanitarian Law in 
Internal and External Conflicts.--Since independence in 1948, large 
numbers of ethnic insurgent groups have battled government troops for 
autonomy or independence from the Burman dominated state. Since 1989, 
17 groups have concluded cease fire agreements with the Government. 
Under the agreements, the groups have retained their own armed forces 
and performed some administrative and economic functions within 
specified territories inhabited chiefly by members of their own ethnic 
groups.
    However, a few groups maintained active resistance, including the 
Chin National Front, the Naga National Council, the Arakan-Rohingya 
Solidarity Organization, the SSA-South, the KNPP, and the KNU through 
its armed wing, the Karen National Liberation Army. The largest of 
these, the KNU, began peace talks with the Government in December 2003 
leading to a temporary ceasefire. However, there were credible reports 
of renewed attacks on villages in Karen State in September after the 
rainy season ended.
    Beginning in mid-November there were credible reports that the army 
attacked Karen villages in Shwegyin Township, Nyaunglebin District, of 
western Karen State, burning houses and rice stores. An estimated 
20,000 baskets of paddy rice were destroyed. As many as 4,781 civilians 
were displaced and were prevented from returning. The attacks ceased by 
the end of the year, but construction of three new military camps and 
the dislocation of civilians continued.
    In November and December, there were credible reports of army 
attacks on civilians in Taungoo District, northern Karen State, which 
displaced more than 3,000 residents. Reportedly they were used as 
forced labor to construct roads into former KNU-held territory. These 
projects were ongoing at year's end.
    There were credible reports from Mon Township of northern 
Nyaunglebin District, Karen State that local villagers were forced to 
tear down their homes and were then used as forced labor to construct a 
new army camp at Mawdalaw. Construction continued at year's end.
    There were credible reports that attacks continued against civilian 
populations in Kayah State throughout the year. Army troops reportedly 
continued to pursue Karenni displaced persons who had fled to Taungoo 
and Papun Districts of northern Karen State.
    An SSA South source reported that in early August, Burmese Army 
troops harassed villagers in Lechar and Limkhay Townships, accusing 
them of being spies for the SSA South.
    In 2003, diplomatic representatives received credible first hand 
accounts that in 2002, government troops tortured and detained seven 
Karen clergymen in Pa-an, Karen State, and in Mawlamyine, Mon State. 
The soldiers also confiscated 13 cows, 5 bullock carts, and household 
goods, and extorted money before burning down 2 churches and 11 houses. 
Two clergymen were held for 2 months before release and were forced to 
sign a statement saying they were not mistreated. The Government 
ordered the National Investigation Bureau, a division of the National 
Police Force, to investigate the incident; however, there was no 
information that the Government prosecuted any of the soldiers for the 
abuses.
    Incidents of rape in conflict areas and other ethnic minority areas 
continued. In January, the Thai based Human Rights Foundation of 
Monland issued a report documenting five cases of rape by elements of 
the Burmese Army during an offensive against ethnic rebels in southern 
Mon State that began in December 2003. The report also asserted that 
rape of local women was standard practice by Burmese Army troops, 
especially by the 299th Light Infantry Brigade, which took three local 
Mon women per day to military bases to work, after which soldiers raped 
the women. The Government did not investigate any of the cases, despite 
their being documented, and failed to respond officially to the report.
    In April, a report, ``Shattering Silences,'' by the Thai based 
Karen Women's Organization documented 125 instances of Burmese Army 
soldiers raping local women since 1988--including 3 cases in January 
and February. Reportedly half of the rapes were by high ranking 
military officers. Of the cases documented, reportedly only one 
resulted in punishment. The Government refused to investigate these 
cases, and instead issued a statement that the report was an attempt to 
discredit and derail the Government's ``Road Map to Democracy.'' 
Christian Solidarity Worldwide reported that on April 16, a Shan woman 
was gang raped by Burmese Army soldiers near the Thai border.
    NGOs reported that Burmese Army soldiers raped numerous women in 
Shan State and other ethnic regions in 2002 and 2003. In April 2003, a 
captain raped a 20 year old woman in Shan State, while another soldier 
restrained her husband. The woman and her husband later reported the 
rape to SPDC authorities in the area; however, after no action was 
taken they began to fear for their safety and fled across the border to 
Thailand. In August 2003, a captain and 20 other soldiers gang raped a 
woman in Shan State. The captain then threatened to punish the village 
headman and the villagers if anyone reported the rape. There was no 
information that the Government investigated these abuses.
    During the year there were no Government investigations into the 
SHRF and Shan Women's Action Network (SWAN) 2002 report alleging that 
the Burmese Army used rape as a systematic weapon of war against the 
ethnic populations in Shan State.
    The Government denied the SHRF/SWAN allegations of systematic rape 
and ordered three internal reviews. The Government stated it provided 
copies of its report on the investigations to the international 
community and to the UNSRHR. However, according to the UNSRHR, military 
and other government personnel with no special skills or experience in 
investigating human rights allegations undertook the investigations. 
Despite continued international pressure for independent assessments, 
these investigations reportedly consisted of prearranged, large, 
collective, and public meetings with local officials, organized by 
military personnel. The Government did not allow the UNSRHR to visit 
areas of conflict in Shan State to corroborate the information from his 
own interviews with refugees in Thailand. There were no new 
developments in the reported August 2002 rape of a 4-year-old child by 
an army captain in Yusomoso.
    There is no information that the Government investigated or 
prosecuted anyone for the following rape cases in 2002: The case of two 
soldiers who beat and raped a woman doing laundry near Keng Tung 
Township and threw her unconscious into the river, the case of six or 
seven soldiers who reportedly raped two women in Mong Khak Township, or 
the hundreds of other cases reported by NGOs.
    In central and southern Shan State, security forces continued to 
engage the SSA South. The military maintained a program of forced 
relocation of villagers in that region that reportedly was accompanied 
by killings, rapes, and other abuses of civilians. AI reported in 2002 
that 90 percent of the civilians from Shan State interviewed in 
Thailand said they had been subjected to unpaid forced labor by the 
military within the previous 18 months.
    Despite ongoing abuses, Karen NGO sources indicated that human 
rights abuses in Karen State had declined significantly since the peace 
talks between the SPDC and the KNU began in December 2003.
    There were no developments in the following cases from 2003: In 
June 2003, combined troops of the Burmese Army and a DKBA unit arrested 
and tortured a villager in Noeaw lar village, Pa-an Township. When he 
later escaped, the troops extorted $450 (450,000 kyat) and a cow from 
his mother. In July 2003, soldiers extorted $200 (200,000 kyat) worth 
of food from the villagers in Sha zi bo village and abducted a woman 
from Zi pyu gon village. At year's end, it was not known if she had 
been released. Also in July 2003, in Nyaunglaybin district, government 
troops shot and killed a man from Thaw nge doe village, Kyauk kyi 
Township, and took $50 (50,000 kyat) from his body.
    From August until mid October 2003, government soldiers reportedly 
forced villagers from Na Bue Township to porter ammunition and supplies 
and to act as mine sweepers for the troops. Many villagers and 
prisoners have been killed or injured from resulting landmine 
explosions.
    According to a 2002 Human Rights Watch (HRW) report, government 
troops conscripted children as young as the age of 11 (see Section 5).
    The Government did not allege any serious abuses by insurgent 
groups during the year, though it did blame Thai based exile groups for 
several small bombs that exploded near the Rangoon central train 
station on June 26. Some members of the insurgent groups committed 
serious abuses in 2003. For example, according to a government report, 
the KNU blew up a cinema hall in May 2003 in Phyu Township, Bago 
Division, injuring 50 persons. The KNU denied responsibility. UNICEF, 
AI, and HRW reported that insurgent groups as well as government forces 
recruited child soldiers (see Section 5).
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The law permits the Government to 
restrict freedom of speech and freedom of the press, and in practice, 
the Government continued to restrict these freedoms severely and 
systematically during the year. The Government continued to arrest, 
detain, convict, and imprison citizens for expressing political 
opinions critical of the Government, and for distributing or possessing 
publications in which opposition opinions were expressed (see Sections 
1.d. and 1.e.). Security services also monitored and harassed persons 
believed to hold antigovernment opinions.
    Legal restrictions on freedom of speech have intensified since 
1996, when the Government issued a decree prohibiting speeches or 
statements that ``undermine national stability.'' In all regions of the 
country, the Government continued to use force to prohibit all public 
speech critical of it by all persons, including persons elected to 
Parliament in 1990, and by leaders of political parties. The Government 
has pursued this policy consistently since 1990 with few exceptions.
    In July 2003, the OCMI arrested five editors of the sports journal 
First Eleven, alleging they were involved in a plot against the junta. 
Some speculated, however, that they were actually arrested for 
publishing articles exposing corruption in local sports. The Government 
released three of the editors but charged the other two: Zaw Thet Htwe, 
a former student leader, and Soe Pa Pa Hlaing, daughter of an 
imprisoned NLD M.P. elect. In November 2003, the Government sentenced 
Zaw Thet Htwe to death and released Soe Pa Pa Hlaing. In May, the 
Government commuted the death sentence to a 3 year term.
    The NLD continued to press for substantive dialogue on political 
reform and publicly voiced criticisms of the policies and actions of 
the Government (see Sections 1.a.and 1.d.). In July, the NLD began 
collecting signatures on a letter to the SPDC calling for the release 
of Aung San Suu Kyi and U Tin Oo and for the reopening of party 
offices. In mid-August, authorities arrested nine NLD supporters and 
sentenced them to lengthy prison terms. On November 5 and 6, 
authorities in Danubyu Township arrested three NLD members: U Han Sein, 
U Than Htut and U Win Maung. They were held for 2 weeks with no charges 
and brought to court on November 19, allegedly for illegally 
``distributing leaflets.'' However, the leaflets were legally printed 
and sealed in an envelope at NLD headquarters. Consequently, they were 
tried on a different charge of violating State Law and Order 
Restoration Council Order 3/90, which restricted the right to assemble 
and campaign, and ordered to pay a fine of $5 (5,000 kyat)--about 2 
weeks wages--or face 2 months imprisonment. They paid the fine and were 
released. They plan to lodge an appeal in the Divisional Court.
    Many prominent writers and journalists remained in prison for 
expressing their political views. The Paris based organization 
Reporters Sans Frontieres reported that at least 15 journalists 
remained in prison at the end of 2003, including Ohn Kyaing, better 
known by his pen name Aung Wint, who wrote articles in favor of 
democracy and also was an NLD M.P. elect from Mandalay. He has been in 
prison since 1990. Government censorship boards prohibited publication 
or distribution of works authored by those in prison.
    The Government released four journalists during the year: On March 
1, Aung Zin Min, a poet and magazine editor; on March 12, Kyi Tin Oo, a 
poet and journalist, who died on July 24 (see Section 1.b); on April 9, 
cameraman Khin Maung Win (``Sonny'') who had served a 7 year sentence 
for filming an interview with Aung San Suu Kyi and sending the tapes 
abroad; on July 12, U Thar Ban, a lawyer and author (see Section 1.e.).
    On the anniversary of the May 30, 2003 Depeyin attack, the OCMI 
arrested and detained for 1 week nine NLD youth members for 
distributing U.N. Development Program issued pamphlets with the text of 
the Universal Declaration of Human Rights in Burmese around Rangoon. 
Also in May, a court sentenced former British Broadcasting Corporation 
(BBC) stringer Ne Min to 15 years in prison for passing information to 
Thai based exile groups. On July 27, the Government arrested Kachin 
filmmakers Lazing La Htoi and No Htoi for producing a documentary about 
the recent flooding in Kachin State. The film documented flood related 
deaths, contradicting the official version of the flooding. The 
authorities subsequently released the two.
    The Government owned and controlled all daily newspapers and 
domestic radio and television broadcasting facilities. These official 
media remained propaganda organs of the Government and usually did not 
report opposing views except to criticize them. The only partial 
exception was the Myanmar Times, an English and Burmese language weekly 
newspaper, targeted at the foreign community in Rangoon. The paper's 
co-owner, U Myat Swe, and his father, former OCMI officer, Brigadier 
General Thein Swe, were arrested in the wake of former Prime Minister 
Khin Nyunt's ouster in October. Although the Myanmar Times was both 
censored and pro government, the newspaper occasionally reported 
criticisms of government policies by the U.N. and other international 
organizations.
    All privately owned publications remained subject to prepublication 
censorship by state censorship boards. Due in part to the time required 
to obtain the approval of the censors, private news periodicals 
generally were published weekly. However, since 1996 the Government has 
given transferable waivers of prepublication censorship for weekly 
periodicals. As a result, weekly tabloids proliferated. Government 
controls encouraged self censorship, and publications generally did not 
report domestic political news or sensitive economic and political 
topics.
    Imported publications remained subject, in principle, to 
predistribution censorship by state censorship boards, and possession 
of publications not approved by the state censorship boards remained a 
serious offense. The Government also restricted the legal importation 
of foreign news periodicals and discouraged subscriptions to foreign 
periodicals (see Section 1.f.); however, foreign newspapers could be 
purchased in Rangoon. Some foreign newspapers and magazines were 
distributed uncensored.
    The Government issued few visas to foreign journalists and held 
only a few of press conferences on political subjects. In previous 
years, the authorities detained and deported some journalists who 
entered the country as tourists; there were no such actions during the 
year. However, a correspondent for the BBC's Burmese Service, who 
entered the country as a tourist, was told verbally to leave. Another 
correspondent for the same organization, who also entered the country 
as a tourist, was not bothered while in the country. During the year, 
the Government held several press conferences, including one on 
narcotics control and another on the explosions at the Rangoon central 
train station. Burmese representatives of international media 
organizations were allowed to attend.
    Due to widespread poverty, limited literacy, and poor 
infrastructure, radio remained the most important medium of mass 
communication. News periodicals rarely circulated outside urban areas. 
The Government continued to monopolize and control the content of the 
two domestic radio stations. Foreign radio broadcasts, such as those of 
Radio Free Asia, the Voice of America, the BBC, and the Democratic 
Voice of Burma remained the principal sources of uncensored 
information. Ownership of small Chinese made radio receivers increased 
significantly in recent years.
    The Government continued to monopolize and to control tightly all 
domestic television broadcasting, offering only three channels, 
including an armed forces channel. The general population was allowed 
to register satellite TV receivers for a fee. Illegal satellite 
television was also available, but access to satellite television 
remained far beyond the reach of the vast majority of the impoverished 
population. The Television and Video Law makes it a criminal offense to 
publish, distribute, or possess a videotape not approved by a state 
censorship board; however, this law was selectively enforced. In 
August, Aung Kyin, an M.P.-elect from Myaungmya Township, Irrawaddy 
Division, was arrested--along with three other members of the NLD--for 
allegedly distributing illegal videotapes. The authorities released all 
four after a few days following Aung Kyin's resignation from the Party.
    The Government strictly monitors and censors all cultural events. 
On June 20, according to media sources, OCMI arrested the members and 
concert organizers of a hip hop band, after it performed its first 
concert at the Strand Hotel in Rangoon. Sources reported that the 
detainees were taken to an unknown location for interrogation, and 
subsequently released on July 9.
    The Government systematically restricted access to electronic 
media. All computers, software, and associated telecommunications 
devices were subject to registration, and possession of unregistered 
equipment was punishable by imprisonment (see Section 1.f.).
    Until October, OCMI operated the more popular of the country's two 
Internet service providers (ISP), offering expensive, censored Internet 
service to those who could afford it. After October, the army signal 
corps and the Ministry of Communications took control of the ISP. There 
are several Internet cafes; however, access was costly and the 
Government restricted full access to the World Wide Web and prohibited 
the use of commercial free e mail providers. The Government also 
monitored all e mail communications.
    The Government restricted academic freedom. University teachers and 
professors remained subject to the same restrictions on freedom of 
speech, political activities, and publications as other state 
employees. The Ministry of Education routinely warned teachers against 
criticizing the Government. It also instructed them not to discuss 
politics at work, prohibited them from joining or supporting political 
parties or from engaging in political activity, and required them to 
obtain advance approval for meetings with foreigners. Like all state 
employees, professors and teachers are required to join the USDA, the 
Government's mass mobilization organization. Teachers at all levels 
also continued to be held responsible for the political activities of 
their students. Foreigners were not permitted on university campuses 
without prior approval and were not allowed to attend any meetings 
involving students, including graduation ceremonies.
    In recent years, the Government took a number of measures to limit 
the possibility of student unrest. Undergraduate campuses were moved to 
remote areas, teachers and students were warned that disturbances would 
be dealt with severely, and most on campus dormitories were closed. The 
quality of education deteriorated to such an extent that many students 
opted to use self study or private tutoring. Immediately after the May 
2003 attack on the NLD, the Government closed the University of 
Distance Education and the Rangoon Arts and Science University for 3 
weeks. The Government placed heavy security around other schools that 
were open, even during summer vacation.
    The Government tightly controlled the limited number of private 
academic institutions in the country as well as what they were allowed 
to teach. Similar controls extended to Buddhist monastery-based 
schools, Christian seminaries and Sunday schools, and Muslim Madrassas.

    b. Freedom of Peaceful Assembly and Association.--The law limits 
the freedom of assembly, and the Government restricted it in practice. 
An ordinance officially prohibits unauthorized outdoor assemblies of 
more than five persons, although the ordinance was not enforced 
consistently. The Government forced civil servants to join the USDA, a 
pro government mass organization created by the SPDC, and organized 
mass rallies of USDA members in support of the Government's seven step 
road map to democracy.
    On April 17, the Government allowed the NLD to re open its Rangoon 
headquarters, closed following the May 2003 attack. However, all other 
NLD offices remained closed by Government order and the NLD could not 
conduct party activities outside its headquarters building. The nine 
other legally registered political parties were required to request 
permission from the Government to hold meetings of their members. 
During the year, meetings occurred outside the NLD offices without 
Government permission, such as regular Tuesday visits by an NLD women's 
group to Rangoon's Shwedagon Pagoda; however, OCMI watched these 
``illegal'' activities closely, and the Government prohibited those 
participating from wearing political pins, badges, and jackets.
    The Government continued to bar the Parliament elected in 1990 from 
convening. On May 17, the Government reconvened the NC, disbanded since 
1996, as part of a democracy road map that would ``nullify'' the 
results of the 1990 election and approve a new constitution. However, 
the Government did not allow the participation of the NLD and other pro 
democracy parties, did not allow delegates to the NC to discuss the 
Convention outside of the NC site, and threatened to enforce harsh laws 
against any who criticized the NC or the draft constitution.
    Government authorities prohibited a delegation of NLD members from 
paying their respects at the tomb of Aung San, the father of Aung San 
Suu Kyi, on Martyrs' Day (July 19).
    The Government at times interfered with the assembly of religious 
group members (see Section 2.c.).
    The Government restricted freedom of association, particularly in 
regard to members of the NLD, pro democracy supporters, and those who 
contacted exile groups. During the year there were several arrests and 
sentences for ``illegal contact'' with cross border exile groups, 
especially the Federation of Trade Unions of Burma (FTUB) and NLD 
Liberated Areas (see Sections 1.b, 1.d, and 2.a). Over the years, the 
Government continued to coerce NLD members, including NLD M.P.s-elect, 
to resign from their party positions. The Government fired at least 
five civil servants for showing support for Aung San Suu Kyi during her 
2003 countrywide travels.
    AI reported that in January the Government sentenced seven students 
from Dagon University to between 7 and 15 years in prison for forming 
an illegal association (a sports club) in June 2003.
    The Government compelled civil servants to join the USDA pro junta 
mass organization. The Government coerced secondary school and college-
level students to join when registering for classes. The Government 
also coerced skilled trades workers and professional association 
members to join the USDA.
    In general, freedom of association existed only for government 
approved organizations, including trade associations, professional 
bodies, and the USDA. Few secular, nonprofit organizations existed, and 
those that did took special care to act in accordance with Government 
policy. There were 10 legally registered political parties, but most 
were moribund.

    c. Freedom of Religion.--The Government has governed without a 
constitution since 1988. Constitutional support for religious freedom 
does not exist. Most religious adherents registered with the 
authorities generally were free to worship as they chose; however, the 
Government imposed restrictions on certain religious activities and 
promoted Buddhism over other religions in some ethnic minority areas. 
In practice, the Government also restricted efforts by Buddhist clergy 
to promote human rights and political freedom.
    There were no reported incidents of religious violence during the 
year. However, in October and November 2003, there were several 
incidents of Buddhist Muslim violence near Mandalay and in Rangoon. 
Muslim groups in Rangoon claimed that 11 persons were killed and 2 
mosques were destroyed near Mandalay. It was unclear what sparked these 
clashes. Although it was slow to react to the incidents in Mandalay, 
the Government reacted quickly in Rangoon, sending troops into Muslim 
neighborhoods and imposing a strict curfew on Buddhist monasteries. 
This latter action caused resentment among many Buddhist monks, and the 
authorities arrested several monks for not observing the curfew. 
Overall, the Government arrested approximately 70 Buddhists, including 
44 monks, and 70 Muslims for their participation in the violence. The 
fate of the monks and Buddhists is not known, but a Muslim group 
reported that in December 2003 a court sentenced 30 Muslims from near 
Mandalay to prison and sentenced 1 person to death for their role in 
the violence and the death of a senior Buddhist monk.
    The Government's pervasive internal security apparatus sought to 
infiltrate or monitor meetings and activities of virtually all 
organizations, including religious ones. Religious activities and 
organizations also were subject to restrictions on freedom of 
expression and association.
    Virtually all organizations, religious or otherwise, must be 
registered with the Government. Although an official directive exempted 
``genuine'' religious organizations from registration, in practice only 
registered organizations were allowed to buy or sell property or open 
bank accounts. Thus, most religious organizations registered with the 
Government. In addition, the Government provided some utilities at 
preferential rates to recognized religious groups. There was no 
official state religion; however, the Government continued to show 
preference for Theravada Buddhism, the majority religion. For example, 
the Government continued to fund two state run Buddhist universities in 
Rangoon and Mandalay. The Government also hosted the World Buddhist 
Summit from December 9 11.
    The Government continued its efforts to control the Buddhist clergy 
(Sangha). It tried members of the Sangha for ``activities inconsistent 
with and detrimental to Buddhism'' and imposed on the Sangha a code of 
conduct that was enforced by criminal penalties. In a November report, 
the Assistance Association for Political Prisoners in Burma estimated 
that there are approximately 300 monks and novices in Burma's prisons. 
In December 2003, 26 monks from Mahagandayon Monastery in Rangoon were 
defrocked and then sentenced by the Government to 7 to 18 years in 
prison for refusing to accept offerings from a senior military 
official. The Government also subjected the Sangha to special 
restrictions on freedom of expression and freedom of association. The 
military Government prohibited any organization of the Sangha other 
than the nine state recognized monastic orders under the authority of 
the State Clergy Coordination Committee (Sangha Maha Nayaka Committee). 
The Government prohibited all religious clergy from being members of 
any political party.
    The Government continued to restrict the building of religious 
structures by minority religious groups and limited the educational and 
proselytizing activities of these groups.
    In most regions of the country, Christian and Muslim groups that 
sought to build small churches or mosques on side streets or other 
inconspicuous locations occasionally were able to proceed, but only 
based on informal approval from local authorities. These groups 
reported that formal requests encountered long delays, generally were 
denied, and could be reversed by a more senior authority. In June, a 
Chin human rights group reported that a more senior military official 
reversed a local commander's decision to allow construction of a new 
Baptist church in southern Chin State.
    The Government appeared to discriminate against non Buddhists at 
the upper levels of the public sector. There are no non Buddhist 
members in the SPDC, in the Cabinet, or among active flag rank officers 
of the armed forces. The Government actively discouraged Muslims from 
entering military service, and Christian or Muslim military officers 
who aspired to promotion beyond the rank of major were encouraged to 
convert to Buddhism. In some ethnic minority areas, such as Chin State, 
there were reports that the SPDC offered troops financial and career 
incentives to marry Christian Chin women, teach them Burmese, and 
convert them to Buddhism.
    The Government discourages proselytizing by all clergy. 
Evangelizing religions, like some Christian denominations and Islam, 
were most affected by these restrictions. In general, the Government 
has not allowed permanent foreign religious missions to operate in the 
country since the mid 1960s, when it expelled nearly all foreign 
missionaries and nationalized almost all private schools and hospitals.
    There continued to be evidence that Christian Chins were pressured 
to attend Buddhist seminaries and monasteries and were encouraged to 
convert to Buddhism. In April, an exile Chin human rights group 
reported that local authorities forced 15 Chin pastors to participate 
in Buddhist New Year events to demonstrate ``unity'' with Burman 
Buddhists. The same human rights group claimed that local government 
officials lodged the children of Chin Christians in Buddhist 
monasteries in which they were given religious instruction and 
converted to Buddhism without their parents' knowledge or consent. 
Reports suggested that the Government sought to induce members of the 
Naga ethnic group in Sagaing Division to convert to Buddhism by similar 
means.
    Religious publications remained subject to control and censorship 
(see Section 2.a.). Translations of the Bible and Koran into indigenous 
languages could not be imported legally; however, with the Government's 
permission, Bibles in indigenous languages could be printed locally.
    Citizens and permanent residents of the country were required to 
carry Government issued national registration cards that often 
indicated religious affiliation and ethnicity. There appeared to be no 
consistent criteria governing whether a person's religion was indicated 
on his or her identification card. Citizens also were required to 
indicate their religion on some official application forms, such as for 
passports.
    For a more detailed discussion, see the 2004 International 
Religious Freedom Report.

    d. Freedom of Movement Within the Country, Foreign Travel, 
Emigration, and Repatriation.--Although the Government restricted 
freedom of movement, most citizens, with a few exceptions such as 
Muslims traveling to and from Rakhine State and some political party 
members, were able to travel within the country. However, citizens' 
movements were monitored, and they were required to notify local 
officials of their whereabouts (see Section 1.f.). Movement was limited 
in areas of armed conflict. Citizens were subjected to arbitrary 
relocation.
    The Government continued to hold NLD leaders Aung San Suu Kyi and U 
Tin Oo under house arrest and rigorously curtailed freedom of movement 
of other opposition political leaders. Early in 2003, government 
affiliated groups increasingly harassed democratic opposition members 
during travel outside of Rangoon, culminating in the attack in May 2003 
and the subsequent arrest, detention, and eventual release of most of 
the survivors (see Sections 1.d. and 2.b.). The Government maintained 
close control over ethnic leaders' movements, requiring them to seek 
permission from the Government before making any domestic trips.
    Ethnic minority areas previously affected by conflict, such as the 
large Karen areas of Irrawaddy Division, continued to experience tight 
controls on personal movement, including frequent military checkpoints, 
monitoring by OCMI, and military garrisons. ``Informal taxes,'' or 
bribes, were extracted at checkpoints in border areas. In Rakhine 
State, many controls and checkpoints applied only to the Muslim 
population (see Section 5).
    The Government tightly controlled the movement of Muslim Rohingyas, 
who are not granted full citizenship rights, in Maungdaw, Buthidaung, 
and Rathedaung Townships along the Bangladesh border. The Government 
also required other noncitizens, generally ethnic South Asians or 
Chinese, to obtain prior permission to travel internally. Nonetheless, 
the country's borders with China, Thailand, Bangladesh, and India 
remained very porous with significant undocumented migration and 
commercial travel occurring during the year.
    An ordinary citizen needs three documents to travel outside the 
country: a passport from the Ministry of Home Affairs; revenue 
clearance from the Ministry of Finance and Revenue; and a departure 
form from the Ministry of Immigration and Population. In 2002, in 
response to the trafficking in persons problem, the Government 
tightened the documentation process in ways that hinder or restrict 
international travel for the majority of women.
    New passport procedures went into effect on August 6 that allow 
citizens to retain their passports after completing trips abroad 
through their validity dates, namely: 1 year for incidental travel; 3 
years for dependents; 4 years for employment; and 18 months for those 
traveling on business. The Government also announced that it intended 
to issue up to 3,000 ``e passports'' for businessmen that contain 
electronic chips, which make them machine readable. These passports 
would be valid for 3 years.
    The Government carefully scrutinized prospective travel abroad for 
all passport holders. Rigorous control of passport and exit visa 
issuance perpetuated rampant corruption, as applicants were forced to 
pay bribes of roughly $300 (300,000 kyat), the equivalent of a yearly 
salary, to around $1,000 (1 million kyat) for a single woman under 25 
years of age. The board that reviews passport applications denied 
passports on political grounds. College graduates who obtained a 
passport (except for certain official employees) were required to pay a 
fee to reimburse the Government for the cost of their education. 
Citizens who emigrated legally generally were allowed to return to 
visit relatives, and some who lived abroad illegally and acquired 
foreign citizenship also were able to return.
    The Government loosened its restrictions on travel outside of 
Rangoon by foreign diplomats and foreign U.N. employees based in 
Rangoon to allow travel to designated tourist sites without prior 
permission; all other travel required advance permission. The 
Government waived the requirement for employees of the ILO and the 
ICRC. The Government required all foreign and local residents, except 
diplomats, to apply for authorization to leave the country.
    Restrictions on nonresident foreigners' travel to some areas of the 
country were relaxed. The Government also inaugurated a ``visa on 
arrival'' system, which still required predeparture application for a 
visa via the Internet. The country's embassies now generally issue 
tourist visas, valid for 1 month, within 24 hours of application. 
However, certain categories of applicants, such as human rights 
advocates, journalists, diplomats, and political figures regularly were 
denied entry visas unless traveling under the aegis of a sponsor 
acceptable to the Government and for purposes approved by the 
Government.
    The abrogated 1974 Constitution did not provide for forced exile, 
and the Government did not use forced exile.
    The Government has not established legal arrangements to accept 
Burmese citizens deported from other countries; however, in the past, 
the Government has accepted the return of several thousand illegal 
migrants from Thailand and has begun preliminary discussions with 
international organizations on the potential repatriation of Karen 
refugees now living in Thailand.
    There were a large number of internally displaced persons (IDPs) in 
the country. According to the U.S. Committee for Refugees, there were 
at least 600,000, and possibly as many as 1 million IDPs in the country 
at year's end (see Section 1.f.).
    During the year, despite the start of peace talks between the SPDC 
and the KNU, the military continued to abuse thousands of villagers and 
drove them from their homes, particularly during military campaigns in 
Karen, Kayah, and Shan States (see Section 1.f.). Christian Solidarity 
Worldwide (CSW) and other Thai based NGOs reported that in January and 
February more than 5,000 Karen and Karenni persons were displaced in 
the area along the Karen Karenni state border because of army 
offensives. CSW also reported in June and July that the army and its 
allied Karenni Solidarity Organization launched offensives, which 
displaced more than 1,000 Karenni villagers living near the Karen State 
border.
    Karen groups reported that most fighting in central Karen State 
stopped as of February. However, there were credible reports of renewed 
attacks on villages in Karen State after the rainy season ended in 
September (see Section 1.g.).
    Harassment, fear of repression, and deteriorating socio economic 
conditions continued to force many citizens to leave for neighboring 
countries and beyond. In border regions populated by minority ethnic 
groups, the Government continued its practices of forced labor, 
confiscation of lands, compulsory contributions of food, and forced 
relocations. These policies produced hundreds of thousands of refugees 
in neighboring countries such as Thailand, China, India, Malaysia, and 
Bangladesh. The UNHCR reported that 30,000 to 40,000 Chin refugees and 
economic migrants were living in difficult conditions on the India side 
of the border at the end of the year and that several thousand of these 
individuals were pressured to return to Burma. Some returned while 
others remained in India. During the year, there were credible reports 
that security forces burned villages in Nyaunglebin district of Karen 
State and prevented the villagers from returning (see Section 1.g.).
    Rohingya Muslims who returned to Rakhine State were not stigmatized 
for having left, but were discriminated against for being Rohingya. 
Returnees claimed that they faced restrictions on their ability to 
travel, to engage in economic activity, to get an education, and to 
register births, deaths, or marriages.
    In February, the Government gave permission to the UNHCR to send 
assessment teams into areas of Karen State, Mon State, and Tanintharyi 
Division (along the Thai border) previously off limits. The Government 
cooperated with UNHCR in allowing initial familiarization visits to 
begin planning for local villages to receive some or all of the 
refugees now resident in Thailand.
    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.
    There were no reports that persons formally sought asylum in the 
country during the year. There were no reports of forced repatriation.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change their Government
    Citizens did not have the right to change their government. The 
SPDC continued to prevent the Parliament elected in 1990 from 
convening. The military junta continued its systematic use of coercion 
and intimidation to deny citizens the right to change their government.
    Since 1962, active duty military officers have occupied the 13 most 
important positions in the central Government and in local governments, 
and the SPDC placed active duty or retired military officers in most 
key senior level positions in all ministries. At year's end, active 
duty or retired military officers occupied 33 of 38 ministerial level 
posts, including the Prime Minister, and also the mayoral posts in 
Rangoon and Mandalay.
    Following the NLD's victory in the 1990 elections, the military 
junta refused to implement the election results and disqualified, 
detained, or imprisoned many successful candidates (see Sections 1.d. 
and 1.e.). During the year at least four NLD M.P.s-elect fled the 
country.
    In 1998, the NLD leadership organized the Committee to Represent 
the People's Parliament (CRPP) on the basis of written delegations of 
authority from a majority of the surviving M.P.s elect of the 1990 
Parliament. The CRPP considered itself as acting on behalf of the 
Parliament until the Parliament is convened. In retaliation the 
Government launched a sustained and systematic campaign to destroy the 
NLD without formally banning it; the authorities pressured many 
thousands of NLD members and local officials to resign and closed party 
offices throughout the country. At year's end, a total of 12 M.P.s 
elect remained in prison for political reasons; Sein Hla Oo, Ohn 
Kyaing, and Khin Maung Swe, have been in prison since the early 1990s 
under harsh conditions.
    In the 1990 election, 392 NLD members won seats. Of that number, 
132 remain elected members. Self-exiles (19), deaths (71), and forced 
resignations or barring (170) account for the balance. Those in the 
last category resigned for various reasons. For example, the USDA 
staged rallies of ``no confidence'' against some of the elected 
members. The USDA and OCMI officials pressured the families, as well as 
the members themselves. In addition, the NLD expelled 25 of its members 
for breach of party discipline. Nine of the expelled M.P.s were allowed 
to become independent M.P.s by the government Election Commission. The 
CRPP has not disqualified any elected members.
    On May 17, the Government reconvened the NC, first convened from 
1993-96, as part of a democracy road map that would nullify the results 
of the 1990 election and adopt a new constitution. The Government 
convened the NC with more than 1,000 handpicked delegates, including 
representatives from 17 ethnic cease fire groups. However, it 
effectively barred participation by the major political parties, 
including the NLD and others that won seats in the 1990 elections, and 
prohibited free debate on the drafting of a new constitution. The 
Government threatened 5 to 20 years in prison for any criticism of the 
process. The NC adjourned for a recess on July 9.
    In a January report to the U.N. Commission on Human Rights, the 
UNSRHR noted that the Government's road map to democracy must ``firmly 
entrench human rights principles'' for it to be successful. After the 
Government convened the NC without the NLD or other opposition 
political parties, the UNSRHR noted on June 1 that the NC process was 
thus far a ``meaningless and undemocratic exercise.''
    In a statement submitted to the U.N. General Assembly (UNGA) on 
August 30, the Special Rapporteur noted that the concerns regarding the 
NC process expressed in the January report have not been addressed; 
and, ``that the necessary steps to ensure minimum democratic conditions 
for the reconvening of the NC have not been taken.'' In his statement 
to the United Nations Third Committee on October 28, the UNSRHR 
asserted that ``a credible process of national reconciliation and 
political transition is not possible without two fundamental 
conditions: the early release of all political prisoners, and the 
relaxation of restrictions which continue to hamper the ability of 
political parties and ceasefire partners to operate.'' He also said it 
was ``essential'' that the Government resume cooperation with the U.N. 
Secretary General's envoy Razali Ismail.
    Corruption is systemic at all levels of the Government and society. 
It is considered by economists and businesspersons to be one of the 
most serious barriers to investment and doing business in the country. 
A Byzantine and capricious regulatory environment fostered corruption.
    The authorities rarely and inconsistently enforce the anti 
corruption statute--they usually do so only when the junta's senior 
generals want to take action against an official whose egregious 
corruption has become an embarrassment. On November 7, the SPDC 
published an explanation of deposed Prime Minister Khin Nyunt's ouster 
that included charges of ``bribery and corruption'' against the former 
junta member. Other accounts suggest these charges were accurate, but 
he has yet to be put on trial or examined in any other form of public 
hearing. Hundreds of Khin Nyunt's family and associates were detained 
or interrogated in the wake of his ouster. The junta also claimed it 
had convicted 186 ``personnel'' from the military and three civilian 
departments for their involvement in corruption at Muse, a border 
checkpoint managed by OCMI.
    The Government did not provide access to most official documents, 
nor is there a law allowing for it. Most Government data is classified 
or controlled. Government policymaking was not transparent, with 
decision-making confined to the top layers of government, and new 
government policies rarely were published or explained openly.
    Women were excluded from political leadership. There were no female 
or ethnic minority members of the SPDC, cabinet, or Supreme Court.
    Members of certain minority groups also were denied full 
citizenship and a role in government and politics (see Section 5).
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    The Government did not allow domestic human rights organizations to 
function independently, and it remained generally hostile to outside 
scrutiny of its human rights record.
    In addition to the ICRC and several U.N. agencies, approximately 35 
nonpolitical, international humanitarian NGOs operated in the country. 
A few others have established a provisional presence while undertaking 
protracted negotiations necessary to establish permanent operations in 
the country. Some international humanitarian NGOs and U.N. agencies 
reported an increase in contact with regional government officials and 
some government ministries demonstrated an increased willingness to 
engage on previously taboo subjects such as trafficking in persons, 
HIV/AIDS, child soldiers, and education.
    In February, the Government and the UNHCR signed an agreement to 
allow UNHCR access to previously off limits conflict areas in Karen 
State and Tanintharyi Division (see Section 2.d). The UNHCR 
subsequently made ``assessment'' trips to the region, but it has not 
established a permanent presence there.
    The Government continued to restrict the travel of foreign 
journalists, NGO staff, some U.N. agency staff, and diplomats in some 
regions. Human rights advocates regularly were denied entry visas 
unless traveling under the aegis of a sponsor acceptable to the 
Government and for purposes approved by the Government (see Section 
2.d.). The Government's monitoring of the movements of such foreigners, 
its frequent interrogation of citizens concerning contacts with 
foreigners, its restrictions on the freedom of expression and 
association of citizens, and its practice of arresting citizens who 
passed information about Government human rights abuses to foreigners 
all impeded efforts to collect or investigate human rights abuses. 
Reports of abuses, especially those committed in prisons or ethnic 
minority areas, often emerged months or years after the abuses 
allegedly were committed and seldom could be verified.
    Some international NGOs and U.N. agencies were required to have a 
government representative accompany them on field visits, at the NGOs' 
expense--though this rule was not consistently enforced (see Section 
1.f.).
    Despite repeated requests, the Government did not permit the UNSRHR 
to visit the country during the year. In 2003, the UNSRHR visited the 
country twice. He cut short his first visit when he discovered an 
electronic listening device installed in a government controlled room 
where he was interviewing a political prisoner. In his January report 
to the U.N. Commission on Human Rights, the UNSRHR noted that the 
``events'' of May 2003 ``have resulted in a setback for human rights in 
Burma.'' The UNSRHR called on the Government to conduct a ``full and 
independent'' inquiry into the Depeyin attack. He also reiterated his 
call for an investigation into ``serious human rights abuses'' in 
ethnic minority areas--namely Shan State.
    In his August 30 report, the Special Rapporteur took note of the 
Government's cooperation with the U.N. Committee on the Rights of the 
Child. However, in view of the prevailing situation, the Special 
Rapporteur stated in August that the conclusions and recommendations 
contained in his January report remained valid.
    On October 28, in a statement to the UNGA, the UNSRHR reported the 
information he had received during the reporting period, ``indicates 
that the situation with regard to the exercise of fundamental human 
rights and freedoms in Myanmar has not substantially changed, and may 
have even worsened. The effects of the events of 30 May 2003 in Depeyin 
have yet to be fully reversed and those responsible for the attacks, 
injuries and deaths continue to enjoy impunity.''
    Nevertheless, the ICRC continued to operate freely in the country 
conducting its normal range of operations (protection, physical 
rehabilitation, basic hygiene and healthcare).
    In July 2003, OCMI arrested 11 and sentenced 9 persons to death for 
``conspiracy against the government,'' for their alleged role in a coup 
plot. In November 2003, a court sentenced three of those arrested in 
July, Naing Min Kyi, Shwe Man, and Aye Myint, to death in part for 
having contacts with the ILO and the Thai based labor group the FTUB. 
Subsequent ILO diplomatic efforts led to a special appeals court 
reducing the death sentences to 3 years' imprisonment for Naing Min Kyi 
and Aye Myint. The special court reduced Shwe Man's sentence to life in 
prison. An October decision further reduced Shwe Man's sentence to 5 
years, and the sentences of the others to 2 years.
    The Government's Human Rights Committee was chaired by the Minister 
of Home Affairs and included the Chief of Police. During the year, 
members of the Human Rights Committee attended seminars on trafficking 
and juvenile justice hosted by U.N. agencies. In 2003, the UNHCR 
conducted refugee law and human rights seminars. The Australian 
Government suspended its human rights training program after the May 
2003 attack. The Government received ILO complaints of labor violations 
and stated that it was conducting investigations into the violations, 
however there were no known arrests or public prosecutions of officials 
for labor violations (see Section 6).
Section 5. Discrimination, Societal Abuses and Trafficking in Persons
    The SPDC continued to rule by decree and, due to the abrogation of 
the 1974 Constitution, was not bound by any constitutional provisions 
concerning discrimination.

    Women.--Domestic violence against women, including spousal abuse, 
is a problem; however, because the Government did not release 
statistics regarding spousal abuse or domestic violence, it is 
difficult to measure.
    Rape is illegal; however, spousal rape is not a crime unless the 
wife is under 12 years of age. Married women often lived in households 
with extended families, where social pressure tended to protect the 
wife from abuse. The Government did not release statistics regarding 
rape; however, the Government stated that rape was not common in 
populous urban areas, but occurred more often in remote areas. 
Nonetheless, it was generally considered unsafe for women to travel 
during hours of darkness without a male escort and employers typically 
had to supply a bus or truck to return female workers to their homes at 
night. Use of taxis at night was considered particularly hazardous for 
women because of the risk of rape or robbery. Prostitutes traveling at 
night typically must pay substantial additional fees to taxi operators 
or risk being raped, robbed, or turned over to the police. There are 
credible reports from NGOs and diplomatic sources that prostitutes 
taken into police custody were sometimes raped or robbed by the police. 
Incidents of rape in conflict areas and other ethnic minority areas 
continued (see Section 1.g.).
    Prostitution is prohibited by law and punishable by 3 years in 
prison; however, it was growing in prevalence, particularly in some of 
Rangoon's ``border towns'' and ``new towns,'' which were populated 
chiefly by poor families that were relocated forcibly from older areas 
of the capital. In 2003, there were credible reports that a large 
number of female prostitutes were imprisoned and subjected to abuse 
while incarcerated. The Government and at least one international NGO 
operated schools and other rehabilitation programs for former 
prostitutes.
    There were no laws against sexual harassment.
    Consistent with traditional culture, women kept their names after 
marriage and often controlled family finances. However, women remained 
underrepresented in most traditional male occupations, and women 
continued effectively to be barred from a few professions, including 
the military officer corps. Poverty affected women disproportionately. 
Women did not receive equal pay for equal work on a consistent basis. 
Women legally were entitled to receive up to 26 weeks of maternity 
benefits; however, in practice these benefits often were not accorded 
them.
    There were no independent women's rights organizations, though 
there were several with some relationship to the Government. The 
Myanmar National Committee for Women's Affairs (and its subgroup the 
Myanmar National Working Committee for Women's Affairs), in the 
Ministry of Social Welfare, had branches in all 14 states and divisions 
and was the primary government organization responsible for 
safeguarding women's interests. The Myanmar Women's Affairs Federation, 
established in December 2003 and chaired by the wife of Prime Minister 
Lieutenant General Soe Win, was the primary ``nongovernmental'' women's 
rights organization. The Myanmar Maternal and Child Welfare 
Association, a government controlled agency, provided assistance to 
mothers. The Myanmar Women Entrepreneurs' Association, a professional 
society for businesswomen, provided loans to women for starting new 
businesses.

    Children.--Children under the age of 18 constituted approximately 
40 percent of the population. Children were at high risk as destitute 
parents take them out of school to beg or to work in factories and 
teashops. Some were placed in orphanages. With few or no skills, 
increasing numbers of children worked in the informal economy or in the 
streets where they were exposed to drugs, petty crime, risk of arrest, 
sexual abuse and exploitation, and HIV/AIDS.
    There was no adequate child protection or juvenile justice system. 
Efforts in this regard are severely constrained by lack of resources. 
The Department of Social Welfare (DSW) was in charge of the provision 
of limited social welfare services, and there were only a few 
officially appointed social workers.
    The Government cooperated with the U.N. Committee on the Rights of 
the Child. In June, the Committee's chairman visited the country. 
UNICEF reported close working relationships with the DSW and the 
Ministry of Education, where it worked to support primary education and 
instruction in minority languages. Faith based organizations, Buddhist 
monks and nuns, and private community based groups also provided 
educational and other support for children.
    The Government continued to allocate minimal resources to public 
education. According to the latest available statistics, in fiscal year 
2003-04 (April March), official expenditures for all civilian education 
were equivalent to 1.3 percent of the Government budget. Public 
schooling was ostensibly provided free through the 10th standard 
(around age 16). However, on average, public school teachers' pay was 
equal only to approximately $7 (7,000 kyat) per month, far below 
subsistence wages, forcing many teachers to leave the profession, or 
demand payments from their students. Thus, many families had to pay to 
send their children to school, even at the primary level. In some areas 
where families were not able to afford unofficial payments, teachers 
generally ceased work. In response to official neglect, private 
institutions began to provide assistance in education, despite a legal 
ban on private schools.
    Education is compulsory through the 4th standard. UNICEF reports 
that 50 percent of primary school students drop out of school before 
finishing the 4th standard. Rates of school attendance and educational 
attainment decreased during the year, largely due to rising formal and 
informal school fees as the Government diverted expenditures from 
health and education to the armed forces. There was no difference in 
the attendance rate of boys and girls.
    The Government promoted Buddhist monastic schools in rural areas 
and subsidized Buddhist universities in Rangoon and Mandalay. In ethnic 
minority areas, the Government often banned teaching in local 
languages.
    Children also suffered greatly from the Government's severe neglect 
of health care. Although the Government doubled its budget for the 
Ministry of Health in FY 2003-04, it still amounted to only 1.2 percent 
of total Government expenditures. There were no reports that the 
Government discriminated between boys and girls in the provision of 
health care. In 2001, the latest data available, official studies 
sponsored by U.N. agencies found that, on average, 109 of 1,000 
children died before reaching the age of 5 years, and that only 1 out 
of 20 births in rural areas was attended by a doctor. A joint Ministry 
of Labor and U.N. Populations Fund (UNFPA) study in 2001 indicated 
that, among children under 5 years of age, 7.9 percent were severely 
malnourished. A joint Ministry of Health and UNICEF report in 2000 
indicated that on a national level 35.3 percent of children under 5 are 
moderately to severely underweight, 33.9 percent are moderately to 
severely underdeveloped, and 9.4 percent are moderately to severely 
emaciated. The World Health Organization considered the country's 
health care system to be extremely poor.
    The law prohibits child abuse. The Government stated that child 
abuse was not a significant problem; however, the Government did not 
release supporting statistics. On May 26, the U.N. Committee on the 
Rights of the Child met to consider the country's second periodic 
report. The Committee issued its concluding observations on June 4, 
noting that it remained ``seriously concerned at the lack of 
appropriate measures, mechanisms, and resources to prevent and combat 
domestic violence, including physical and sexual abuse and neglect of 
children; the limited number of services for abused children; as well 
as the lack of data on the aforementioned.''
    Child prostitution and trafficking in girls for the purpose of 
prostitution especially Shan girls who were sent or lured to Thailand 
continued to be a major problem. In Rangoon and Mandalay, diplomatic 
representatives noted widespread employment of female prostitutes who 
appeared to be in their early teens and for whom there was reportedly a 
high demand. Additionally, some brothels offered young teenage 
``virgins'' to their customers for a substantial additional fee. The 
June U.N. Committee on the Rights of the Child report commented: ``The 
Committee is concerned over the increasing number of child victims of 
sexual exploitation, including prostitution and pornography, especially 
among those engaged in child labor and street children. Concern is also 
expressed at the programs for the physical and psychological recovery 
and social reintegration of child victims of such abuse and 
exploitation which remain insufficient and inadequate.''
    The official age of enlistment in the army is 18 years. In the 
past, army recruitment drives have targeted children to meet quotas for 
the ostensibly all volunteer army, but anecdotal evidence, at least in 
Rangoon, suggests this practice is now not as common. Nevertheless, 
there was evidence of forced recruitment of child soldiers by the army.
    Ethnic minority cease fire and insurgent groups also forcibly 
conscripted child soldiers, and there were numbers of child soldiers 
with these forces, particularly the United Wa State Army.
    In his report on January 5, the UNSRHR expressed ``deep concern 
about reported cases of boys forcibly recruited by the military they 
range in age from 14 to 16 years old and were sent to support military 
activities in some ethnic area.'' He further noted, ``worrying 
indications that this practice may be widespread among government 
troops as well as among insurgent armies.'' On that same day, the 
Government established the Committee for Preventing Recruitment of 
Child Soldiers, which met again on August 4 and purportedly issued new 
rules and regulations to punish those who recruit child soldiers. In 
March, diplomatic observers received a report that the authorities had 
arrested more than a dozen children in Rangoon and forced them into 
military service.
    In March and April, the ILO notified the Government of nine 
allegations of forced recruitment of children into the military. Two of 
the cases involved boys who had been sentenced to prison, or who were 
facing court martial for desertion. The Government investigated and 
reported to the ILO on eight of these cases, but claimed no incidents 
of forced recruitment. In two cases, the military released the boys who 
returned home, but there was no further action. In five cases the 
Government insisted the boys were above 18 years old. The Government 
was unable to find one of the alleged child soldiers.
    The June U.N. Committee on the Rights of the Child report welcomed 
the establishment of the Government's child soldier committee, but 
noted the Committee remained ``concerned by the impact of the armed 
conflicts on children, especially the use of children below the age of 
15 years as soldiers by both government armed forces and armed ethnic 
groups.''
    According to a U.N. source, on November 12, a military conscription 
unit of three soldiers visited Se Ywa village of Thongwa Township, 
Rangoon Division. Four youths were required to accompany the soldiers 
to the military conscription center at Mingaladon, Thongwa Township. 
Residents say that the youths were subsequently sent to Military 
Training Center No. 6 in Pathein. The parents of the students filed 
complaints with the Government's Committee for Preventing Recruitment 
of Child Soldiers.
    A 14 year-old boy was picked up by a trishaw driver while en route 
home from school in November 2002 and ``enlisted'' in the Army. The 
boy's parents wrote to the newly established Committee for Preventing 
Recruitment of Child Soldiers in April and were able to trace their son 
to an Army post in Lashio (Shan State). His Battalion Commander was 
subsequently ordered by the Directorate of Military Training to send 
the young soldier to a Military Language School in Shan State. The 
parents now know where their son is located, although he is not with 
them.
    In 2002, an M.P. elect from Karen State filed a police report that 
a 15 year old boy was missing minutes after arriving in Rangoon railway 
station. The Rangoon police suggested looking for him at the Hmawby 
army recruit camp near Rangoon, where the M.P. elect found three sets 
of parents also looking for their children. Six boys were brought 
forward and the M.P. elect was able to identify and retrieve the boy.
    Several international NGOs and agencies promoted the rights of 
children in the country, including ICRC, World Vision, Save the 
Children UK, CARE, UNICEF, the U.N. Development Program, and foreign 
governments. UNICEF expanded its operations in May to open a separate 
child protection section. On July 12 13, UNICEF, in conjunction with 
the Supreme Court of Burma, ran a ``National Workshop on Juvenile 
Justice and Child Protection'' that concluded an action plan aimed at 
strengthening the existing juvenile justice system.

    Trafficking in Persons.--The law does not prohibit trafficking in 
persons; however, there are laws that are used against traffickers, 
such as those that prohibit kidnapping; and, the Suppression of 
Prostitution Act and the Child Law, which include provisions against 
the sale, abuse, or exploitation of children.
    There are laws specifically against child prostitution and child 
pornography; however, they were not effectively enforced. An NGO 
reported in May that the Government arrested, tried, and convicted a 
foreigner for sexual abuse of a child. This was reportedly the first 
such conviction. Reports from Thailand indicated that the rising 
incidence of HIV infection there increased the demand for supposedly 
``safer,'' younger prostitutes, many of whom came from Burma. 
Trafficking in children within the country also appeared to be a 
growing problem; however, there were no reliable statistics regarding 
its extent.
    According to the Government, 335 traffickers received jail 
sentences ranging from under 5 years (78) to life imprisonment (2) from 
July 2002 July 2004. The largest number (177) received sentences of 
between 5 and 10 years. According to government figures, 412 cases were 
filed during the same period, resulting in 166 convictions. Government 
data show Thailand as the primary destination for trafficking victims 
(nearly 80 percent), with much smaller numbers going directly to China, 
Bangladesh, and India. The Ministry of Home Affairs also reported that 
it had distributed information about human trafficking to some 702,000 
persons living in border areas during the period, 2001-2004.
    Officials recognized the importance of preventing trafficking and 
prosecuting traffickers. Although the Government was active on these 
fronts, its effectiveness was unclear at year's end. The Government 
expanded cooperation with international and local NGOs. On April 28, 
the Government issued the Mutual Assistance in Criminal Matters law, 
which allows for international cooperation to pursue transnational 
crime (including trafficking). Over the course of the year, the 
Government hosted ministerial level meetings, in coordination with the 
U.N., with countries in the region to discuss the problem of 
trafficking in persons.
    The Coordinated Mekong Ministerial Initiative against Trafficking 
met in Rangoon, October 27-29, to sign a Memorandum of Understanding 
pledging mutual cooperation on the problems involved and to develop a 
related action plan. Senior government and cabinet-level officials from 
Burma, Cambodia, China, Laos, Thailand, and Vietnam all participated.
    During the year, U.N. agencies and NGOs credited the Government for 
demonstrating political will to combat trafficking and for improvement 
in cooperation with the international community. In March, the 
Government formed a new office of Transnational Organized Crime, headed 
by a police brigadier general to handle nonnarcotics related 
transnational crimes. This office includes a 40 person unit responsible 
for trafficking in persons.
    The Government made limited progress on trafficking in persons 
during the year. The Government's pervasive security controls, 
restrictions on the free flow of information, and lack of transparency 
prevented a meaningful assessment of trafficking in persons activities 
in the country. While experts agreed that human trafficking from the 
country was substantial, no organization, including the Government, was 
able or willing to estimate the number of victims. The Government did 
not allow an independent assessment of its reported efforts to combat 
the problem.
    Trafficking of women and girls to Thailand and other countries, 
including China, India, Bangladesh, Taiwan, Pakistan, Malaysia, Japan, 
and countries in the Middle East for sexual exploitation, factory 
labor, and as household servants, was a problem. Shan and other ethnic 
minority women and girls were trafficked across the border from the 
north; Karen and Mon women and girls were trafficked from the south. 
There was evidence that internal trafficking generally occurred from 
poor agricultural and urban groups to areas where prostitution 
flourished (trucking routes, mining areas, and military bases) as well 
as along the borders with Thailand, China, and India. Men and boys also 
reportedly were trafficked to other countries for sexual exploitation 
and labor. While most observers believed that the number of these 
victims was at least several thousand per year, there were no reliable 
estimates.
    Human traffickers appeared to be primarily free lance, small scale 
operators using village contacts that fed into more established 
trafficking ``brokers.''
    The Ministry of Home Affairs stated there is no complicity of 
Government officials in trafficking; however, corruption among local 
government officials was widespread and NGOs reported that Government 
officials were complicit in trafficking, although it appears limited to 
local or regional officials turning a blind eye to trafficking 
activities. NGOs also report that individual Burmese police officials 
were likely involved in extorting money from economic migrants and 
others leaving the country.
    In recent years, the Government has made it difficult for single 
women to obtain passports or marry foreigners ostensibly to reduce the 
outflow of women as victims of trafficking (see Sections 1.f. and 
2.d.). In addition, there are regulations forbidding females under the 
age of 25 from crossing the border unless accompanied by a guardian. 
However, most citizens who were forced or lured into prostitution 
crossed the border into Thailand without passports. According to the 
Department of Social Welfare, the Government has begun to help locate 
families of trafficking victims and to assist in their repatriation.
    The Government has a repatriation center on the Thai Burma border, 
which has processed an estimated 10,500 illegal migrants (not just 
trafficking victims) since 2001. In May, three female trafficking 
victims were repatriated from Malaysia and six from Thailand and 
reunited with their families. On August 10, 20 female victims were 
repatriated from Thailand.
    The Myanmar Women's Affairs Federation and the Social Welfare 
Department provided some counseling and job training for trafficking 
victims before they were returned to their families. The Social Welfare 
Department also provided training to Government officials on the 
recognition and provision of assistance to victims of human 
trafficking. The Government provided medical attention and shelter to 
trafficking victims returning from Thailand. However, Government 
funding for these programs was very limited. There were no reports of 
victims being arrested after their return to Burma. There were no 
reports of trafficking victims filing suit against traffickers.
    A number of NGOs offered poverty alleviation and education programs 
designed to counter trafficking. Reportedly these programs have been 
moderately successful. On May 18 19, UNICEF organized with several 
government entities, U.N. agencies, and NGOs, a workshop on 
``Monitoring and Combating Trafficking and Commercial Sexual 
Exploitation of Children.'' The workshop was aimed at expanding 
awareness of trafficking among involved government agencies and 
developing strategies for intervention.

    Persons With Disabilities.--The Government did not actively 
discriminate against persons with disabilities in employment, access to 
health care, education, or in the provision of other state services, 
but there were few resources assisting persons with disabilities. There 
were no laws mandating accessibility to buildings, public 
transportation, or government facilities, and persons with disabilities 
faced societal discrimination. There were several small, local and 
international organizations that assisted persons with disabilities, 
but most such persons had to rely exclusively on their families to 
provide for their welfare.
    Military veterans with disabilities received benefits on a priority 
basis, usually a civil service job at equivalent pay. In principle, 
official assistance to nonmilitary persons with disabilities included 
two thirds of pay for up to 1 year of a temporary disability and a tax 
free stipend for permanent disability; however, the Government did not 
provide any private sector job protection for persons who became 
disabled.
    The Ministry of Health is responsible for medical rehabilitation of 
persons with disabilities and the Ministry of Social Welfare is 
responsible for vocational training. The Government operates three 
schools for the blind, two for the deaf, two rehabilitation centers for 
adults, and two for children. There are four schools for the blind run 
by local NGOs. All of the Government schools and programs were very 
poorly funded. The ICRC provided orthopedic assistance to those who 
have lost limbs to land mines through clinics and outreach programs in 
conflict areas.

    National/Racial/Ethnic Minorities.--Wide ranging governmental and 
societal discrimination against minorities persisted. Animosities 
between the country's many ethnic minorities and the Burman majority, 
which has dominated the Government and the armed forces since 
independence, continued to fuel active conflict that resulted in 
serious abuses during the year. These abuses included reported 
killings, beatings, torture, forced labor, forced relocations, and 
rapes of Chin, Karen, Karenni, Shan, Mon, and other ethnic groups by 
SPDC soldiers. Some armed ethnic groups also may have committed abuses, 
but on a much smaller scale than the Burmese Army (see Sections 1.a., 
1.c., 1.f., and 1.g.).
    Only persons who were able to prove long familial links to the 
country were accorded full citizenship. Native born but nonindigenous 
ethnic populations (such as Chinese, Indians, Bengalis, and Rohingyas) 
were denied full citizenship and were excluded from government 
positions. Members of the Rohingya Muslim minority in Rakhine State 
continued to experience severe legal, economic, and social 
discrimination. The Government denied citizenship to most Rohingyas on 
the grounds that their ancestors did not reside in the country 1 year 
prior to the start of British colonial rule in 1824, as required by the 
country's highly restrictive citizenship law.
    On June 4, the U.N. Committee on the Rights of the Child expressed 
concern ``over the situation of the children of the Bengali people 
residing in Northern Rakhine Region, also known as the Rohingyas, and 
of children belonging to other ethnic, indigenous or religious 
minorities; and in particular, that many of their rights are denied, 
including the rights to food, to health care, to education, to survival 
and development, to enjoy their own culture and to be protected from 
discrimination.''
    Rohingya Muslims did not have access to state run schools beyond 
primary education because the Government reserved secondary state 
schools for citizens. Those excluded were also ineligible for most 
civil service positions.
    Forced labor of Muslims continued to be widespread in Rakhine 
State. Forced labor of minority ethnic groups was still prevalent in 
eastern border areas and in Chin State (see Section 6.c.).
    Persons without full citizenship faced restrictions in domestic 
travel (see Section 2.d.). They also were barred from certain advanced 
university programs in medicine and technological fields.
    Ethnic minority groups generally used their own languages. However, 
throughout all parts of the country controlled by the Government, 
including ethnic minority areas, Burmese remained the language of 
instruction in state schools. Even in ethnic minority areas, most 
primary and secondary state schools did not offer instruction in the 
local ethnic minority language. There were very few domestic 
publications in indigenous minority languages.
    There were reports that the Government resettled groups of Burmans 
to various ethnic minority areas (see Section 1.f.).
    There were ethnic tensions between Burmans and nonindigenous ethnic 
populations, including Indians, many of whom were Muslims, and a 
rapidly growing population of Chinese, most of whom emigrated from 
Yunnan Province. They increasingly dominated the economy of the 
northern part of the country.

    Other Societal Abuses and Discrimination.--Many citizens view 
homosexuals with scorn. The penal code contains provisions against 
``sexually abnormal'' behavior that have been used to bring charges 
against gays and lesbians who have drawn unfavorable attention to 
themselves.
    Nevertheless, homosexuals have a certain degree of protection 
through societal traditions. Transgender performers commonly provide 
entertainment at traditional observances. Some are spirit (``nat'') 
worshipers and, as such, they have special standing in the society. 
They participate in a well established week long festival held near 
Mandalay every year. The event is considered a religious event, free of 
sexual overtones or activities, and is officially approved by the 
Government. No one, including the military or police, interferes with 
the festival.
    During a 2 month period in 2002, Government border officials had 
administered involuntarily HIV/AIDS tests to returning citizens. Those 
who tested positive were forced first into a hospital and then into a 
detention center. The Foreign Minister reported this situation to the 
Ministry of Health as discrimination, and the Health Ministry ended the 
practice. Nevertheless, HIV positive patients were discriminated 
against, as were the doctors who treated them. The Government worked to 
address this issue and has drafted a protocol for Voluntary 
Confidential Counseling and Testing for HIV/AIDS that is intended to 
provide protection for the right to privacy. It was not promulgated by 
year's end.
Section 6. Worker Rights
    a. The Right of Association.--The 1926 Trade Unions Act, which 
remains in effect, permits workers to form trade unions only with the 
prior consent of the Government; however, no free trade unions existed 
in the country.
    The ICFTU reported that in August 2002 army troops killed an 
official of the FTUB, a proscribed organization based in Thailand. The 
troops forced Mya Than, a village headman who was widely known for his 
trade union activities, to porter for the army, and then killed him in 
retaliation for an attack by opposition forces. The Government 
officially responded to this report by stating that Mya Than was killed 
by an anti personnel mine while portering for the Burmese Army. In 
2003, other FTUB activists reportedly were arrested for talking to the 
ILO about forced labor. These three activists originally were sentenced 
to death, but later had their punishment reduced to prison terms of 5 
and 2 years respectively (see Sections 4 and 6.c).
    There were no internationally affiliated unions because unions are 
banned. The Government forbade seafarers who found work on foreign 
vessels through the Seafarers Employment Control Division from contacts 
with the International Transport Workers' Federation, and the 
Government often refused to document seafarers who were abroad. Without 
proper documentation it is not possible for a seafarer to find regular 
employment abroad.
    The Government has criminalized contact with the Thai based FTUB 
claiming it is a ``terrorist group;'' however, the Government has not 
made this case to the ILO through the relevant formal procedure. During 
the year and in 2003, the Government arrested and sentenced persons in 
part for their contacts with the FTUB and other Thai based exile groups 
(see Section 1.b, 1.d, 2.a, and 2.b).

    b. The Right to Organize and Bargain Collectively.--The Government 
does not allow unions; therefore, workers did not have the right to 
organize and bargain collectively. The Government's Central Arbitration 
Board, which once provided a means for settling major labor disputes, 
has been dormant since 1988. Township level labor supervisory 
committees existed to address minor labor concerns.
    The Government unilaterally set wages in the public sector. In the 
private sector, market forces generally set wages; however, the 
Government has pressured joint ventures not to pay salaries greater 
than those of ministers or other senior Government employees. Some 
joint ventures circumvented this with supplemental pay or special 
incentive systems. Foreign firms generally set wages near those of the 
domestic private sector, but followed the example of joint ventures in 
awarding supplemental wages and benefits.
    According to the law, workers generally are prohibited from 
striking, although a small number of workers purportedly are accorded 
the right to strike. The last reported strike was in 2000, when an 
employer retracted a promise to pay piece rates. Subsequently, 30 
employees were detained, many for up to 3 months. All the employees 
lost their jobs.
    There are no export processing zones; however, there were special 
military owned industrial parks, such as Pyin Ma Bin, near Rangoon, 
which attracted foreign investors, and the 2,000 acre Hlaingthaya 
Industrial Zone in Rangoon where several companies operated.

    c. Prohibition of Forced or Compulsory Labor.--Forced or compulsory 
labor remained a widespread and serious problem, particularly among 
minority groups. The penal code provides for the punishment of persons 
who imposed forced labor on others. The Government did not arrest 
anyone under this statute; however, the ILO reported six cases brought 
to court by alleged victims during the year. Of the six, three were 
being processed, two were dismissed, and one person withdrew his 
charges.
    Throughout the country, international observers verified that the 
Government routinely forced citizens to work on construction and 
maintenance projects. Citizens also were forced to work in the military 
owned industrial zones.
    Reports of forced labor for building and maintaining economic 
infrastructure have declined from a peak during the mid-1990s, 
particularly in the ethnically Burman central regions.
    In December, a foreign corporation settled cases in U.S. courts 
regarding atrocities committed by Burmese army soldiers, who allegedly 
forced others to work on the construction of a pipeline.
    In contrast, the Government's use of forced labor in support of 
military garrisons or operations remained particularly serious in 
ethnic or religious minority regions. The ILO has corroborated UNHCR's 
reports of a ``serious resurgence'' in forced labor in Rakhine State, 
where the Prime Minister had ordered the military to construct six new 
bridges. The ILO continued to call upon the Government to stop the use 
of forced labor; however, the local authorities have ignored the 
central government's instructions to ``cease and desist'' the practice.
    The Rangoon based ILO Liaison Office reported that the Government's 
orders to end forced labor had been widely, if unevenly, disseminated, 
and their impact on reducing forced labor was limited and not 
sustained.
    Over the past 5 years, the ILO and other international agencies 
have seen changes in the Government's approach to conscripting forced 
labor. The ILO reported that military units tend to no longer issue 
written orders to village heads to provide forced labor, and instead 
gave verbal instructions. The ILO also reported that in some cases the 
Government substituted demands for forced labor with demands for forced 
contributions of materials, provisions, or money. Throughout the year 
there were frequent and widespread reports of soldiers forcing 
contributions from ethnic minority villagers. During the year, the ILO 
reported that it appears the Government occasionally paid for forced 
contributions, but the payments were usually well below prevailing wage 
rates. Diplomatic representatives did not receive any reports of the 
Government paying for forced contributions.
    The ILO reports that since 2002, the Government increasingly 
substituted prisoners not sentenced to hard labor for civilians as 
forced laborers, possibly due to international pressure not to use 
civilians. During the year, the military continued to take prisoners 
from jails in Shan State and elsewhere for use as porters. In October 
2003, during its offensive against the KNU, the army reportedly used 
more than 300 prisoners as porters.
    A draft agreement with the ILO to establish a facilitator to help 
forced labor victims seek remedies under the law, first postponed after 
the May 2003 attack on the NLD, was again postponed in March following 
revelations that the Government had sentenced nine persons to death 
(later commuted to prison sentences) in part for contacting the ILO. 
The charge was later amended to include illegal contact with the 
outlawed Federation of Trade Unions of Burma (see Section 4 and later 
in this Section). All references to the ILO were removed from the 
charge on October 14, following review of the case by a Special 
Appellate Bench of the Supreme Court. In the same judgment, the 
sentences of two of the defendants were reduced from 3 to 2 years. The 
sentence of a third defendant was reduced from life imprisonment to 5 
years in jail with hard labor.
    Authorities often allowed households or persons to substitute money 
or food for labor for infrastructure projects, but widespread rural 
poverty forced most households to contribute labor. Parents routinely 
called upon children to help fulfill their households' forced labor 
obligations (see Section 6.d.).
    During the year, diplomatic officials did not receive reports of 
forced labor for building major civil infrastructure projects in 
central Burma. However, reports of forced labor for smaller projects in 
villages nationwide persisted. Forced labor also continued to be used 
countrywide to maintain existing civil infrastructure, including 
transportation and irrigation facilities. On June 4, an ILO report 
indicated citizens had brought 40 cases of forced labor (including 
forced recruitment of child soldiers) to the Rangoon office's attention 
during the year. This was the first year, according to the ILO, that 
private citizens voluntarily approached the ILO to report alleged 
violations. In September 2003, the local chairman of Chaungnet Village 
in Magwe Division forced one person from each household to clear the 
bushes on Rangoon Magwe Highway. Those who refused were fined $5 (5,000 
kyat).
    In ethnic regions, reports of forced labor were common. According 
to the ICFTU, villagers were ordered to build or repair military camp 
infrastructure and to perform other tasks within the camps, such as 
standing guard. Credible sources in the local NGO community have also 
reported that villagers have been required to bring lumber, at their 
own expense, to construct and repair military facilities. The ILO 
office in Rangoon witnessed in mid May a case of villagers in Tiddim 
and Falam Townships in Chin State forced to widen the main road between 
the two towns. In January and February, AI reported several cases in 
Buthitaung and Maungdaw, northern Rakhine State. In these cases the 
military or members of a border task force consisting of the police, 
military intelligence, internal security, customs officials and the 
Immigration and Manpower Department commandeered villagers to stand 
sentry, build roads, cut wood, and to construct government buildings. 
The Chin Human Rights Organization (CHRO) also reported several cases 
of forced labor in southern Chin State during the year. In these cases 
local military officials forced village leaders to provide workers for 
road projects, military building construction, and farm work. The CHRO 
reported local military officials arrested one village chief in June 
because his village's workers did not complete their assigned road 
building task.
    In June 2003, Earth Rights International reported villagers stated 
that forced labor in their area was coordinated at an institutional 
level by the military. Every village head in a sample district of rural 
eastern Burma was required to attend a weekend meeting to receive the 
latest demands from the army for forced labor. The labor that was 
extracted from the villages in the region was never adequately 
compensated and refusal to work only invited punishment. The Government 
suspended a program begun in mid 2003 that compelled many civil 
servants and one person from each family to attend an unpaid 45 day 
militia training program.
    The ILO and other international observers reported a decline in 
forced labor and other abuses in Karen State since the KNU and SPDC 
achieved a temporary cease fire in January. However, in 2003, the KNU 
released credible but unconfirmed reports of widespread use of forced 
labor in conflict areas along the eastern border. In July 2003, 
soldiers forcibly recruited 500 porters in Mone Township to carry food 
supplies for the army. Those unable to carry a load had to pay $5 
(5,000 kyat) each. Also in July 2003, soldiers ordered 13 Kaw thay doe 
villagers from Tan ta bin Township to cut bamboo and fence the army 
camp, and soldiers forced 6 villagers from Kaw thay doe village, Tan ta 
bin Township, and 3 Ga mu doe villagers to carry military supplies.
    Since 2003, the Government has allowed ILO staff to operate out of 
a Rangoon office and travel throughout the country. The ILO must give 
notice to the government when its staff members plan to travel to 
restricted areas, and local authorities monitor their movements in some 
cases. ILO local and foreign staff can travel unaccompanied, but 
central government officials alert local authorities to their 
movements.
    In 2002, the Government established a committee, chaired by the 
Deputy Minister of Home Affairs, to implement measures against forced 
labor. The ILO office in Rangoon reported 46 cases of forced labor to 
the committee during the year. So far, the committee has responded to 
approximately half of these cases, denying that any forced labor 
existed. The committee did not implement adequate mechanisms for the 
reporting, investigation, and prosecution of incidents of forced labor.
    The ILO office in Rangoon has reported cases in which the 
organization's local contacts have been detained and interrogated for 
providing information about forced labor. In November 2003, a court 
sentenced three persons, Naing Min Kyi, Shwe Man, and Aye Myint, to 
death in part for having contacts with the ILO and the FTUB. However, 
their sentences were subsequently reduced to prison terms (see Section 
4).
    Forced recruitment of soldiers was widespread. Credible reports 
indicated that the Government would not allow soldiers to leave the 
army at the end of their enlistment without first recruiting three or 
four replacements, even if it required forced recruitment. Forced 
recruitment of police forces followed the same pattern.
    Civil service pay and government pensions are negligible. For 
example, senior medical doctors earn $10 (10,000 kyat) a month. Civil 
servants are not allowed to retire at will or terminate employment to 
leave for other sectors.
    The law does not specifically prohibit forced and bonded labor by 
children, and forced labor by children continued to be a serious 
problem (see Section 6.d.).

    d. Prohibition of Child Labor and Minimum Age for Employment.--The 
law sets a minimum age of 13 for the employment of children, but in 
practice the law was not enforced. Child labor has become increasingly 
prevalent and visible. Working children were highly visible in cities, 
mostly working for small or family enterprises. In the countryside, 
children worked in family agricultural activities. Children working in 
the urban informal sector in Rangoon and Mandalay often began work at 
young ages. In the urban informal sector, child workers were found 
mostly in food processing, street vending, refuse collecting, light 
manufacturing, and as tea shop attendants. According to 2002 official 
statistics, 6 percent of urban children worked, but only 4 percent of 
working children earned wages; many were employed in family 
enterprises.
    The law does not specifically prohibit compulsory labor by children 
and children were subjected to forced labor. Authorities reportedly 
rounded up teenage children in Rangoon and Mandalay and forced them 
into porterage or military service (see Section 5).
    The DSW provides support and schooling for a small number of 
children who were orphaned or in some other way estranged from their 
families. One of the aims of this assistance is to help the children 
become more capable of resisting exploitation in the future.

    e. Acceptable Conditions of Work.--Only government employees and 
employees of a few traditional industries were covered by minimum wage 
provisions. The minimum daily wage for salaried public employees was 
$0.10 (100 kyat) for what was in effect an 8 hour workday. Various 
subsidies and allowances supplemented this sum. Neither the minimum 
wage nor the higher wages earned by senior officials provided a worker 
and family with a decent standard of living. Low and falling real wages 
in the public sector have fostered widespread corruption and 
absenteeism. In the private sector, urban laborers earned approximately 
$0.80 (800 kyat) per day, while rural agricultural workers earned 
approximately half that rate. Some private sector workers earned 
substantially more; a skilled factory worker earned approximately $4 
(4,000 kyat) per day.
    A surplus of labor, a poor economy, and lack of protection by the 
Government continued to foster substandard conditions for workers. The 
1964 Law on Fundamental Workers Rights and the 1951 Factories Act 
regulate working conditions. There is a legally prescribed 5 day, 35 
hour workweek for employees in the public sector and a 6 day, 44 hour 
workweek for private and state enterprise employees, with overtime paid 
for additional work. The law also allows for a 24 hour rest period per 
week, and workers were permitted 21 paid holidays per year; however, in 
practice, such provisions benefited only a small portion of the 
country's labor force, since most of the labor force was engaged in 
rural agriculture or in the informal sector. The laws are generally 
enforced in the government sector, but there are frequent violations by 
private enterprises.
    Numerous health and safety regulations existed, but in practice the 
Government did not make the necessary resources available to enforce 
the regulations. Although workers may in principle remove themselves 
from hazardous conditions, in practice many workers could not expect to 
retain their jobs if they did so.

                               __________

                                CAMBODIA

    Cambodia is a constitutional monarchy with an elected government. 
On October 14, Prince Norodom Sihamoni was chosen by the Cambodian 
Throne Council to succeed his father as the constitutional monarch and 
head of state. The most recent National Assembly elections were held in 
July 2003. Politically motivated violence, including killings, was 
significantly lower than in previous elections; however, voter 
intimidation by local officials in addition to technical problems with 
the registration process and preparation of voter lists effectively 
disenfranchised many citizens. The ruling Cambodian People's Party 
(CPP) of Prime Minister Hun Sen won 73 of the 123 seats in the National 
Assembly, the royalist National United Front for a Neutral, Peaceful, 
Cooperative, and Independent Cambodia (FUNCINPEC) party won 26 seats, 
and the opposition Sam Rainsy Party (SRP) won 24 seats. The CPP and 
FUNCINPEC formed a coalition government, but the CPP dominated the 
Government. The SRP served as a vocal opposition, but has been excluded 
from membership in the National Assembly commissions. Although the law 
provides for an independent judiciary, in practice, the judiciary was 
subject to legislative and executive influence and suffered from 
corruption.
    The National Police, an agency of the Ministry of the Interior 
(MOI), has primary responsibility for internal security. Military 
police are permitted to arrest civilians only when authorized by local 
governments. Although civilian authorities nominally controlled the 
security forces, in practice, security forces answered to the CPP 
leadership. Some members of the security forces committed serious human 
rights abuses.
    The country has a free market economy. Approximately 84 percent of 
the population of 13.8 million engaged in subsistence farming. 
According to official figures, annual gross domestic income in 2003 was 
estimated at $297 per capita; however, this figure did not accurately 
represent purchasing power, especially in urban areas. Foreign aid 
accounted for at least 50 percent of the Government's budget. In 2003, 
the economy grew at an estimated real rate of 5.2 percent, and it was 
expected to grow at 4.5 percent during the year. The country had a 
thriving garment export industry; however, corruption and the lack of a 
viable legal system made it difficult to attract foreign investment.
    The Government's human rights record remained poor, and the 
Government continued to commit abuses. During the year, nongovernmental 
organizations (NGOs) estimated there were at least four political 
killings and three alleged political killings, although motivations for 
killing often were difficult to ascertain. Military and police 
personnel were responsible for both political and nonpolitical 
killings; however, there was no credible evidence that these killings 
were officially sanctioned. There were credible reports that some 
members of the security forces beat and otherwise abused persons in 
custody, often to extract confessions. National and local government 
officials often lacked the political will and financial resources to 
act effectively against members of the security forces suspected of 
human rights abuses. There also were politically motivated killings 
committed by persons not in the security forces. Prison conditions 
remained harsh, and the Government continued to use arbitrary arrest 
and prolonged pretrial detention. Democratic institutions, especially 
the judiciary, remained weak. Politically related crimes rarely were 
prosecuted. Citizens often appeared without defense counsel and thereby 
effectively were denied the right to a fair trial. The Government 
largely controlled the content of television broadcasts and influenced 
the content of most radio broadcasts. The authorities regularly 
interfered with freedom of assembly. Societal discrimination against 
women remained a problem, and domestic violence against women and abuse 
of children were common. There were frequent land disputes, and the 
Government and courts consistently did not resolve them in a just 
manner. Although the number of trade unions grew and they became more 
active, anti-union activity by employers and nonenforcement of labor 
laws by the authorities also continued. Compulsory and forced child 
labor continued to be a problem in the informal sector of the economy. 
Domestic and cross-border trafficking in women and children, including 
for the purpose of prostitution, was a serious problem.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Arbitrary or Unlawful Deprivation of Life.--NGOs estimated that 
there were four politically motivated and three possibly politically 
motivated killings during the year.
    In January, three SRP activists were shot and killed in two 
separate incidents. On January 10, gunmen shot and killed one activist 
in Kompong Cham Province. One suspect was arrested by police and 
subsequently acquitted in July after a trial in the provincial court. 
On January 15, two other activists were killed in their house in 
Banteay Meanchey. In the latter incident, seven suspects were arrested 
and confessed to robbery and murder. At least four of the suspects were 
members of the CPP. Five of the seven suspects were released; two 
suspects were convicted of murder and each was sentenced to 17 years in 
prison and a $5,000 (20 million riel) fine payable to the families of 
the victims.
    On January 22, the President of the Free Trade Union Workers of 
Cambodia, Chea Vichea, was shot and killed near a busy street in Phnom 
Penh. Chea Vichea was a union activist affiliated with the SRP. Charges 
were brought against two individuals in the case, but were dropped due 
to lack of evidence. The investigating judge that dropped the charges 
was transferred, and the prosecutor protested the dismissal of the 
case. The Appeals Court overturned the dropping of charges and ordered 
the Municipal Court to continue the investigation. At year's end, both 
suspects remained in custody pending further investigation of the case.
    On January 25, unidentified assailants shot and killed a FUNCIPEC 
deputy village chief in Kompot Province. The perpetrators fled the 
scene following the shooting and were still at large at year's end. A 
warrant has been issued for their arrest.
    On May 7, Ros Savannareth, a factory-level union leader, was killed 
in Phnom Penh. Two men on a motorbike pulled alongside the victim's 
motorbike and shot and killed him. A soldier from a paratroop unit was 
arrested as a suspect in the killing. The suspect was currently 
awaiting trial.
    There were allegations of politically motivated killings before and 
after the July 2003 National Assembly elections. NGOs estimated there 
were 33 possibly politically motivated killings during this period; 
however, it was often difficult to determine whether the motive for 
these murders was political. For example, in February 2003, the Abbot 
of the Phnom Ettarus Pagoda, Sam Bunthoeun, was killed. He had 
encouraged monks to register for the National Assembly elections after 
a pro CPP Buddhist patriarch had forbidden monks to register to vote. 
No suspects were ever arrested. According to authorities, the 
investigation remained open. Also in February 2003, two armed men shot 
Om Radsady, advisor on foreign affairs to National Assembly President 
Prince Norodom Ranariddh. Although the killing was believed to be 
politically motivated, police arrested two soldiers who confessed they 
had shot Om Radsady because they wanted to steal his cell phone. In 
October 2003, a municipal court sentenced the two to 20 years in 
prison. Despite the sentence, the Cambodian Center for Human Rights 
(CCHR) and other local NGOs doubted the court findings. In August 2003, 
the 16 year old daughter of an SRP activist was shot and killed by a 
pro CPP village chief. The police arrested the village chief, but court 
officials ordered the victim's family to accept a monetary payment and 
a suspended 2-year sentence. The SRP activist subsequently filed a 
lawsuit with the Appeals Court and moved his family to avoid reprisal 
for filing the suit. The case was pending at the Appeal's court at 
year's end. In October 2003, Chuor Chetharith, a reporter for pro-
FUNCINPEC Taprohm Radio and an MOI official, was shot and killed by two 
men in front of the Taprohm radio station. No suspects were arrested at 
year's end. His family left the country. Taprohm Radio criticized the 
Government, and the killing occurred 4 days after Prime Minister Hun 
Sen publicly warned FUNCINPEC that leaders of political parties should 
control their broadcast media.
    In 2002, the country held its first local elections. The U.N. 
Office of the High Commissioner for Human Rights (UNHCHR) reported that 
prior to the elections, 22 political activists (5 in 2000, 12 in 2001, 
and 5 in 2002), including candidates and family members, were killed in 
20 separate incidents under suspicious circumstances. Human rights 
monitoring groups agreed that at least seven of these cases were 
politically motivated. UNHCHR reported that there were serious 
shortcomings in the police investigations of these killings.
    During the year, credible NGO reports indicated that members of the 
military, military police, and civilian police forces were implicated 
in 66 cases of extrajudicial killings. While authorities took legal 
action in 90 percent of the cases, only 5 percent of the cases resulted 
in prosecution.
    On August 18, a member of the military died from injuries sustained 
from a severe beating. His company commander and the commander's 
brother-in-law, seen dropping the victim off at his home after the 
injuries were sustained, were suspected of involvement in the beating. 
In mid-December the provincial court in Kratie, where the incident 
occurred, issued an arrest warrant for the two suspects. The suspects 
appeared in court at the end of December and were being held pending 
investigation.
    In July, a prisoner awaiting trial was beaten to death. The police 
officer suspected of administering the beating was a relative of the 
party engaged in a dispute relating to the prisoner. No legal action 
has been taken against the officer and reports indicated that he was 
transferred to a different position.
    In June 2003, anti riot police shot a union striker during a 
demonstration; a policeman was killed in the same incident.
    The number of landmine casualties remained high. Between January 
and November, there were 322 landmine casualties and 477 casualties due 
to unexploded ordinance (UXO). There were 772 landmine and UXO 
casualties in 2003 and 847 in 2002.
    During 2003, there were several high profile killings by unknown 
actors that remained unsolved. For example, in April 2003, Judge Sok 
Sethamony of the Phnom Penh Municipal Court was shot and killed in his 
car on his way to work. Military police subsequently arrested three 
suspects who police claimed had links to the Cambodian Freedom Fighters 
(CFF). In April, the suspects were released due to lack of evidence. No 
additional suspects have been arrested.
    Touch Srey Nich, a popular singer who recorded a collection of 
songs with political content for FUNCINPEC, was shot three times by 
unidentified gunmen in late 2003. Srey Nich survived the shooting, but 
was paralyzed; her mother was killed in the incident. This attack was 
viewed by some as political, while others have alleged personal 
motives. By year's end, there were no arrests in the case.
    In October 2003, the Appeals Court held a new trial of Chhouk Rin, 
a former Khmer Rouge commander, for his role in a 1994 train ambush. 
The following month, the Appeals Court sentenced him to life 
imprisonment. Chhouk Rin's lawyer filed an appeal to the Supreme Court. 
Since Chhouk Rin was originally acquitted by the Phnom Penh Municipal 
Court, the law stipulates he may not be incarcerated until the appeals 
process is exhausted. The case was pending at the Supreme Court at 
year's end.
    Vigilante justice, as well as killings of alleged witches and 
sorcerers, continued during the year. Vigilante mob violence, in the 
form of large crowds of bystanders apprehending and attacking suspected 
thieves at the scene of the crime, resulted in 26 attacks and 19 deaths 
during the year. In June, three individuals were killed after locals 
accused them of sorcery. Two suspects were arrested. In August, a 
healer was shot and killed at his home; residents believed the victim 
practiced sorcery. Government prosecutions of those responsible for mob 
violence were rare.

    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 physical abuse of 
prisoners; however, beatings and other forms of physical mistreatment 
of prisoners continued to be a serious problem. During the year, there 
were credible reports that military and civilian police officials used 
physical and psychological torture and severely beat criminal 
detainees, particularly during interrogation. A local NGO reported that 
in interviews with prisoners in 18 prisons, 106 claimed to have been 
tortured, 65 of this group while in police custody and 41 while in 
prison. Members of the police and security force who carried out abuse 
often were protected from prosecution or disciplinary action by local 
government authorities, despite some central Government efforts to 
curtail or eliminate violations of prisoners' rights and to address 
problems of accountability.
    Prison conditions did not meet international standards and were 
life-threatening. The MOI's Prisons Department is responsible for both 
pretrial detainees and convicted prisoners held inside prisons. During 
the year, prison conditions remained harsh, and government efforts to 
improve them were hampered by lack of funds and weak enforcement. Human 
rights organizations cited a number of serious problems, including 
overcrowding, medical and sanitation problems, food and water 
shortages, malnutrition, and poor security. During the year, a local 
NGO that monitored 18 of the country's 24 prisons noted that the 
population of those prisons had increased and that all 18 prisons were 
overcrowded. In August, Tackhmau Prison, with a capacity of 110 
prisoners, held 266. In some prisons, after escape attempts, use of 
shackles and the practice of holding prisoners in small, dark cells 
continued. Government ration allowances for purchasing prisoners' food 
routinely were misappropriated and remained inadequate, which 
exacerbated malnutrition. Regulations permitted families to provide 
prisoners with food and other necessities, and prisoners depended on 
such outside assistance; however, families often were compelled to 
bribe prison officials to be allowed to provide assistance. During the 
first 6 months of the year, NGOs reported that 58 prisoners died for 
lack of food or medication or disease caused or aggravated while 
incarcerated.
    In July, a pretrial detainee in Takeo Province under police custody 
was beaten to death (see Section 1.a.).
    In 2002, three police officers were suspended and charged with 
manslaughter for the 2001 beating death of a prisoner in Prey Veng 
Province. Criminal charges were filed at the provincial court, but the 
court failed to take action against the officers. Some of the suspects 
have since been promoted.
    In most prisons, there was no separation of adult prisoners and 
juveniles, of male and female prisoners, or of persons convicted of 
serious crimes and persons detained for minor offenses.
    The Government continued to allow international and domestic human 
rights groups to visit prisons and prisoners and to provide human 
rights training to prison guards. However, NGOs reported that on 
occasion cooperation from local authorities was limited. The MOI 
continued to require that lawyers, human rights monitors, and other 
visitors obtain letters of permission from the Ministry prior to 
visiting prisoners. The Ministry withheld such permission in some 
cases. NGOs were not allowed to interview prisoners in private.

    d. Arbitrary Arrest or Detention.--The Constitution prohibits 
arbitrary arrest and detention; however, the Government generally did 
not respect these prohibitions. During the year, a number of persons 
were arrested without warrants, and human rights groups reported 66 
cases of persons illegally detained by police.
    A 2002 sub-decree established the General Commissariat of the 
National Police, which is under the supervision of the MOI, manages all 
civilian police units. The police forces are divided into those who 
have the authority to make arrests, those who do not, and the judicial 
police. During the year, there were reports of police receiving 
protection money from illegal businesses and suspects being released 
due to police corruption. There was a climate of impunity for some 
criminals.
    The law allows the police to take a person into custody and conduct 
an investigation for 48 hours before charges must be filed; however, 
the authorities routinely held persons for extended periods before 
charging them. Accused persons legally are entitled to a lawyer; 
however, prisoners routinely were held for several days before gaining 
access to a lawyer or family members. The investigating judge gathers 
evidence before determining whether to try a case. One NGO reported 
that during the year there were 125 complaints of pretrial detention 
that lasted longer than the prescribed 6 months. In May 2003, four 
persons were arrested and accused of supporting a Jemaah Islamiya 
terrorist. They were never granted a preliminary hearing. In December, 
three of the suspects were convicted and sentenced to life 
imprisonment, while a fourth was acquitted. According to Amnesty 
International, the Government claimed that appeals made by the defense 
attorneys reset the clock, and therefore the 6 month rule was not 
violated. The Appeals Court hearing was interpreted as a new trial by 
the Government, allowing for an additional 6 months of detention. Many 
prisoners, particularly those without legal representation, had no 
opportunity to seek release on bail. According to the UNHCHR, such 
prolonged detention largely was a result of the limited capacity of the 
court system.
    In April, a suspected member of the CFF turned himself in after 
detonating a bomb in Koh Kong and shooting at the local police chief. 
He was awaiting trial at year's end. Fourteen additional alleged CFF 
members have been arrested since November 2003. Three alleged CFF 
members were sentenced to prison terms ranging from 10 to 15 years in 
April. Seven have been released, and the remaining four were awaiting 
trial. Charges included membership in an illegal armed group and 
membership in a terrorist organization.

    e. Denial of Fair Public Trial.--The Constitution provides for an 
independent judiciary; however, the Government did not respect this 
provision in practice. The courts were subject to influence and 
interference by the executive branch, and there was widespread 
corruption among judges.
    The court system consists of lower courts, an appeals court, and a 
Supreme Court. The Constitution also mandates a Constitutional Council, 
which is empowered to review the constitutionality of laws, and a 
Supreme Council of the Magistracy, which appoints, oversees, and 
disciplines judges. The composition of both of these bodies heavily 
favored the CPP.
    Trials are public. Defendants have the right to be present and 
consult with an attorney, confront and question witnesses against them, 
and present witnesses and evidence on their own behalf; however, trials 
typically were perfunctory, and extensive cross examination usually did 
not take place.
    A lack of resources, low salaries, and poor training contributed to 
a high level of corruption and inefficiency in the judicial branch, and 
in practice, the Government did not ensure due process.
    Defendants are entitled by law to the presumption of innocence and 
to the right of appeal; however, because of pervasive corruption, 
defendants often were expected to bribe judges to secure a verdict. A 
citizen's right to appeal sometimes was limited by difficulty in 
transferring prisoners from provincial prisons to the appeals court in 
Phnom Penh. Many appeals thus were heard in the absence of the 
defendant.
    Judges and prosecutors often had little legal training. UNHCHR has 
on a number of occasions printed and provided copies of the country's 
laws to all judges. In 2003, the Royal School for Judges and 
Prosecutors reopened and accepted its first class of students since the 
1960s. The first 50 graduates were in legal internships at year's end. 
The introduction of newly trained lawyers also resulted in significant 
improvements for those defendants provided with counsel, including a 
reduced pretrial detention period and improved access to bail; however, 
there remained a critical shortage of trained lawyers throughout the 
country, particularly outside Phnom Penh. Persons without the means to 
secure counsel often effectively were denied the right to a fair trial.
    Sworn written statements from witnesses and the accused usually 
constituted the only evidence presented at trials. The accused's 
statements sometimes were coerced through beatings or threats, and 
illiterate defendants often were not informed of the content of written 
confessions that they were forced to sign. In cases involving military 
personnel, military officers often exerted pressure on judges to have 
the defendants released without trial.
    Court delays or corrupt practices often allowed accused persons to 
escape prosecution. Government officials or members of their families 
who committed crimes sometimes seemed to enjoy impunity. Although the 
courts prosecuted some members of the security forces for human rights 
abuses, impunity for most of those who committed human rights abuses 
remained a problem. Most national and local government officials 
continued to lack the political will and financial resources to act 
effectively against military or security officials suspected of human 
rights abuses.
    The Judicial Reform Council made no significant progress in 
fulfilling its mandate to develop and implement reform measures. In 
2002, the Government established a second legal and judicial reform 
council amid criticisms that the Judicial Reform Council's co chairs, a 
Cabinet Minister, and the Supreme Court President, lacked sufficient 
independence. In May 2003, the Council for Legal and Judicial Reforms 
(CLJR) produced a draft Justice Sector Program and held workshops with 
civil society, donors, and other interested parties. During the year, 
the Council cooperated with donors to implement the Justice Sector 
Program, and forwarded numerous draft laws to the National Assembly for 
approval, including draft laws on the Statute of Magistrates, 
Administrative Court, and amendments to the law on the Organization and 
Functioning of the Supreme Council of Magistracy. In addition, in 
November the CLJR forwarded Action Plans for legal reform goals to the 
Council of Ministers.
    The Supreme Council of the Magistracy disciplined two judicial 
officials for misconduct during the year. In both cases, controversial 
rulings rather than issues of ethical or legal misconduct formed the 
basis for disciplinary action, which took the form of reassignment from 
the Phnom Penh Municipal Court to less desirable provincial court 
postings. Legal observers charged that the Supreme Council of the 
Magistracy was subject to political influence and did not protect 
effectively the independence of the judiciary.
    In January 2003, court officials' salaries were raised from 
approximately $20 (80,000 riel) per month to between $330 and $640 (1.3 
and 2.5 million riel) per month in an attempt to reduce instances of 
misconduct and corruption. Observers agreed that the culture of 
corruption and lack of independence of the judiciary remained the same, 
and there has been no discernable positive impact from the salary 
raise. Human rights groups continued to report that the Government 
demonstrated its control of the courts by ordering the rearrest of 
suspects released by the courts or through extrajudicial processes. 
Judges cited examples of interference from high ranking officials 
tasking them to make rulings in line with political priorities. In 
2002, the Prime Minister allegedly ordered that inappropriate criminal 
charges against his former foreign business partner in a civil dispute 
involving allegations of breach of contract be dropped.
    Lawyers also noted that, in violation of the law, some police and 
prison officials, with apparent support from other government 
officials, have denied them the right to meet prisoners in private or 
for adequate lengths of time. After the January 2003 anti Thai riots, 
family members and human rights groups noted they did not have access 
to the 57 individuals detained by the Government while the 
investigation was underway.
    There is a separate military court system, which suffered from 
deficiencies similar to those of the civilian court system. The legal 
distinction between the military and civil courts sometimes was ignored 
in practice, and civilians have been called for interrogation by 
military courts with no apparent jurisdiction in their cases.
    In 2001, a law was promulgated to establish Extraordinary Chambers 
to bring Khmer Rouge leaders to justice for genocide, crimes against 
humanity, and war crimes committed from 1975 through 1979. The 
Government had sought assistance and cooperation from the U.N. since 
1997, as well as financial assistance from foreign donors, to make the 
tribunal operational. In May 2003, the U.N. General Assembly approved a 
draft agreement between the U.N. and the Government for prosecution of 
crimes during the Democratic Kampuchea (Khmer Rouge) period. On October 
4, the National Assembly unanimously ratified the agreement with the 
U.N., and on October 5, the National Assembly passed the amendments 
necessary to make the tribunal operational. Negotiations were ongoing 
between the U.N. and potential donors to meet the required target 
funding to begin the tribunal.
    There were no reports of political prisoners.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The Constitution provides for the privacy of 
residences and correspondence and prohibits illegal searches; however, 
the police routinely conducted searches and seizures without warrants. 
There were no reports that the Government monitored private electronic 
communications.
    Since the forced collectivization during Khmer Rouge rule and the 
return of thousands of refugees, land ownership often has been unclear, 
and most landowners lacked adequate formal documentation of ownership. 
Following the end of the Khmer Rouge insurgency, a rush to gain 
possession of lands near potentially lucrative cross border trade 
routes exacerbated the ownership problem. Widespread land speculation 
in recent years has fueled disputes and increased tensions between poor 
rural communities and wealthy speculators. In 2002, the Ministry of 
Land Management, Urban Planning, and Construction established a 
commission to settle disputes over land that has not been registered 
nor given a land certificate. Despite a slight improvement in services, 
the commission continued to perform its functions slowly due to a lack 
of finances, training, and experience. The courts under the Ministry of 
Justice remained responsible for resolving disputes in cases where land 
had been registered or disputants had been given land titles.
    During the year, the Ministry of Land Management, Urban Planning, 
and Construction began implementing a 2001 land law to protect land 
ownership and deeds. Problems of inhabitants being forced to relocate 
continued to occur when powerful officials or businessmen colluded with 
local authorities. NGOs reported that during the year there were 356 
individual and collective land disputes affecting 10,958 families. Some 
of those expelled successfully contested these actions in court, but 
the majority lost their cases, possibly due to corruption in the court 
system. At year's end, a number of appeals were pending in the Appeals 
Court or Supreme Court. One dispute pending resolution was a complaint 
filed by an official in the Ministry of Women's Affairs against 306 
families accusing them of land grabbing. Villagers accused the official 
of forcing them to sell land at below market prices.
    In August, police forcibly evicted 250 families and beat protestors 
in a dispute over land in Poipet owned by the Minister of Rural 
Development. A Supreme Court eviction order issued in July that 
resulted in the evictions was the culmination of a 5 year dispute over 
ownership rights.
    At year's end, a dispute originally affecting approximately 1,800 
families over a road project between Phnom Penh and Ho Chi Minh City 
had been settled for all but 143 families. Complaints were made to the 
Inter-Ministerial Resettlement Committee for compensation in 2002, 
2003, and during the year, charging that the compensation offered was 
inadequate.
    In the wake of an October 18 speech by Prime Minister Hun Sen 
concerning redistribution of land from speculators to the poor, 
thousands of villagers in Sihanoukville began a program of land 
grabbing on vacant plots owned by wealthier members of the community or 
absentee landlords. Authorities issued arrest warrants for 29 
individuals in connection with this act, eventually arresting 17 
suspects. At year's end, 11 had been released, while 6 others remained 
in police custody pending trial.
    In November, a major land dispute occurred involving hundreds of 
villagers in Pursat and Kompong Chnnang and the Pheapimex Company. The 
dispute involved a 741,000-acre land concession granted to Pheapimex by 
the Government. During the protests in front of the company's worksite, 
a grenade was thrown into the crowed, injuring 8 persons. Police have 
not made any arrests in the attack. Provincial authorities have 
demanded Pheapimex halt operations, but the company continued 
development of the site.
    Unlike previous years, there were no reported cases of relocations 
due to community development projects by the Phnom Penh Municipality.
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 continued to be some problems. The Constitution 
implicitly limits free speech by requiring that it not affect adversely 
public security. The Constitution also declares that the King is 
``inviolable.''
    The Press Law provides journalists with a number of rights, 
including a prohibition on prepublication censorship and protection 
from imprisonment for expressing opinions. However, the Press Law also 
includes a vaguely worded prohibition on publishing articles that 
affect national security and political stability. The press published a 
large number of news items critical of the Government, including 
frequent, highly personal criticism of the Prime Minister, the 
President of the National Assembly, and other senior officials.
    Although limited in circulation, newspapers were a primary source 
of news and political opinion. All major political parties had 
reasonable and regular access to the print media. In general, 
newspapers were aligned politically. Although the Press Law does not 
specifically permit newspapers, in practice major newspapers published 
in the Khmer language received support from various political parties. 
There were an estimated 20 Khmer language newspapers published 
regularly. Of these, half were considered pro CPP, one third were 
considered to support the FUNCINPEC Party, and one was considered to 
support the opposition SRP. During the year, four provincial newspapers 
began printing local news. In addition, daily newspapers were published 
in French, English, Chinese, and Vietnamese. Two other English 
newspapers were published regularly. Although the three largest 
circulation newspapers were considered pro CPP, most newspapers 
criticized the Government frequently, particularly with respect to 
corruption. Prime Minister Hun Sen and National Assembly President 
Prince Norodom Ranariddh frequently came under strong attack by 
opposition newspapers.
    The Government, the military forces, and the ruling political party 
continued to dominate the broadcast media and to influence the content 
of broadcasts. According to a 2001 report by the UNHCHR, the procedures 
for licensing and allocation of radio and television frequencies to the 
media were not impartial. The SRP and independent human rights advocacy 
groups aligned with the opposition have been unable to obtain broadcast 
licenses.
    There were seven television stations, all controlled or strongly 
influenced by the CPP. Government control severely limited the content 
of television and radio broadcasting. The Ministry of Information 
controlled national television and radio stations broadcast taped 
sessions of the National Assembly's debates; however, in several 
instances, these broadcasts were censored. National radio and 
television stations regularly broadcast some human rights, social 
action, public health, and civil society programming produced by 
domestic NGOs.
    There were reports of harassment of persons working for the print 
and broadcast media. On February 23, a print media journalist was 
handcuffed and beaten by National Park authorities while trying to 
photograph mistreatment of villagers by authorities. During the year, 
authorities detained seven journalists in four separate incidents on 
charges ranging from document forgery to alleged extortion.
    Shortly after the January 2003 anti Thai riots, both the owner of 
independent radio station Beehive/FM 105 and the editor in chief of the 
Khmer language Newspaper Rasmei Angkor were arrested and charged with 
broadcasting and printing false information (see Section 2.b.). They 
were released on bail after being detained 2 weeks. In October 2003, 
Chuor Chetharith, reporter for pro FUNCINPEC Taprohm Radio and former 
FUNCINPEC aide, was killed in front of the Taprohm radio station (see 
Section 1.a.).
    The Voice of Democracy (VOD) radio program produced by the CCHR was 
broadcast on two private radio stations and included independent and 
often anti-government views. The program became extremely popular; 
however, it faced several challenges to its ability to broadcast during 
the year. In June, the FUNCINPEC-aligned owners of one radio station 
removed VOD from its program list after VOD criticized that party's 
leader. Since February 2003, the Ministry of Information has refused to 
grant the CCHR a license to operate a radio station, claiming that 
Phnom Penh already had too many radio stations and newspapers.
    Defamation and libel suits have increased during the year, with 
seven newspapers charged with defamation and six reporters arrested 
during the first 8 months of the year. Two of the reporters were 
convicted of defamation and ordered to pay financial compensation to 
plaintiffs, who in both cases were members of the Government.
    The media reportedly engaged in some self censorship during the 
year. After the July 2003 elections, the media engaged in self 
censorship on several occasions after calls from CPP and FUNCINPEC to 
limit criticism of either party.
    Media access to National Assembly sessions is mandated by the 
Constitution. The Government does broadcast National Assembly sessions 
on television; however, it continued to restrict media access to 
government facilities. In April 2003, the National Assembly banned 
journalists from entering its grounds without authorization from the 
Assembly's Secretary General. This ``security'' directive was issued a 
few hours after the defection of three FUNCINPEC parliamentarians and 
four other royalist figures to the opposition SRP. It also followed 
Phnom Penh Governor Kep Chuktema's closure of the traditionally public 
weekly municipal meetings.
    Government authorities removed publications from the public purview 
during the year. In December, the Government confiscated a book 
accusing senior government officials of the CPP party of genocide in 
the Khmer Rouge era. In February 2003, local authorities removed copies 
of a controversial booklet that insinuated that Prime Minister Hun 
Sen's wife played a role in the death of the popular actress, Piseth 
Pilika; however, the booklets were sold at the SRP's headquarters and 
published at the printing house without government interference.
    The Government did not restrict Internet access, which was 
available widely in larger towns.

    b. Freedom of Peaceful Assembly and Association.--The Constitution 
provides for freedom of peaceful assembly, but the Government did not 
respect this right in practice. The Government requires that a permit 
be obtained in advance of a march or demonstration. The Government 
routinely did not issue permits to groups critical of the ruling party. 
Throughout the year, the Government cited the January 2003 anti Thai 
riots, the need for stability during discussions leading to the 
formation of a new government, and public security as reasons for 
denying permits. Police forcibly dispersed groups that assembled 
without a permit, often resulting in minor injuries to some 
demonstrators. The Government broke up five demonstrations that were 
denied permits and three assemblies of local teachers' associations. In 
January, a demonstration by the opposition Khmer Front Party in front 
of the National Assembly was disbanded. Four demonstrators were 
arrested and forced to sign pledges not to protest in the future. In 
June, police broke up a demonstration by several hundred persons who 
were protesting alleged ``land grabbing'' by officials, and blocked 
access along a national highway. Police allegedly used clubs and 
electric batons to subdue the protestors.
    The Government also failed to protect peaceful demonstrators from 
violence. In November, villagers gathered outside the Pheapimex Company 
involved in a land dispute were attacked when a grenade was thrown into 
the crowd, injuring eight. Authorities failed to arrest any suspects or 
to provide security for the protest (see Section 1.f.).
    Supporters of both the ruling and opposition parties hosted rallies 
and street parades during the 2003 elections campaign.
    The Constitution provides for freedom of association, and the 
Government generally respected this right in practice; however, the 
Government did not enforce effectively the freedom of association 
provisions of the Labor Law (see Section 6.a.).
    The Government did not coerce or forbid membership in political 
organizations. Political parties normally were able to conduct their 
activities freely and without government interference. Human rights 
organizations reported that some local authorities warned members of 
certain political parties that if they continued to support those 
parties they would face a loss of residency rights, confiscation of 
property, and a ban on using local infrastructure. During the year, the 
ruling coalition parties threatened to remove immunity of Sam Rainsy 
and several SRP parliamentarians in connection with politically-
motivated lawsuits filed against them. At year's end, no action was 
taken by the National Assembly to lift their immunity.
    Membership in the Khmer Rouge, which ruled the country from 1975 to 
1979 and subsequent to its overthrow conducted an armed insurgency 
against the Government, is illegal, as is membership in any armed 
group.

    c. Freedom of Religion.--The Constitution provides for freedom of 
religion, and the Government generally respected this right in 
practice. The Constitution also prohibits discrimination based on 
religion, and minority religions experienced little or no official 
discrimination. Buddhism is the state religion, and over 95 percent of 
the population is Buddhist. Most of the remaining population is ethnic 
Cham Muslims.
    In January 2003, the Ministry of Cults and Religions issued an 
order prohibiting public proselytizing. During the year, this order was 
only enforced during the siesta hours.
    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 law provide for 
these rights, and the Government generally respected them in practice; 
however, there were several reports of restrictions on journalists and 
human rights groups traveling to Mondolkiri and Ratanakiri Provinces 
after the Montagnard (hill tribes) unrest in neighboring Vietnam in 
April. Aid workers reported that they were asked to provide official 
permission from the local authority to travel in the provinces.
    The Government placed no restrictions on foreign travel. The 
Government also placed no restrictions on emigration or on the return 
of citizens who had left the country.
    The Constitution prohibits forced exile, and the Government did not 
employ it. In 2002, one FUNCINPEC member resigned his seat in 
Parliament and remained in self imposed exile.
    In March 2002, the Government signed a memorandum of understanding 
with the United States to facilitate the return of deportable Cambodian 
nationals; 127 persons had been repatriated from the United States by 
year's end. In 2002, 36 repatriated Cambodians were detained for a 
period of up to several weeks upon their arrival, and some reportedly 
were forced to pay bribes during this detention period. The Government 
subsequently respected the rights of these individuals and their 
efforts to integrate themselves into society. During the year, a NGO 
provided reintegration assistance to those repatriated.
    The law provides for the granting of asylum and refugee status, and 
the country is a signatory of the 1951 U.N. Convention Relating to the 
Status of Refugees and its 1967 Protocol; however, in practice the 
Government did not consistently respect the law and has not implemented 
legislation pertaining to the 1951 U.N. Convention. There were credible 
reports that Vietnamese Montagnards seeking asylum were deported 
without proper review, despite a U.N. High Commissioner for Refugees 
(UNHCR) presence in the country. UNHCR maintained its Phnom Penh 
office, but closed its Ratanakiri office in April in response to 
requests from local authorities. However, since July, UNHCR has made 
numerous trips to Ratanakiri to collect groups of Montagnards that have 
fled Vietnam. The Government permitted UNHCR to transport these asylum 
seekers to Phnom Penh, where UNHCR processed them for resettlement 
abroad. Thirteen of the Montagnards returned to Vietnam by their own 
choice. At year's end, UNHCR was still working to resettle the 
remaining Montagnards. There were reports that Vietnamese authorities 
offered incentive awards to Cambodian border police who returned 
Vietnamese refugees to Vietnam and that Vietnamese secret police were 
active on the Cambodian side of the border.
    Asylum seekers who reached the UNHCR office in Phnom Penh were 
processed with government cooperation. During the year, 836 Montagnard 
refugee cases were processed at the UNHCR refugee facilities in Phnom 
Penh. An additional 61 individuals of other nationalities were 
processed by UNHCR during the year.
    In 2002, the UNHCR reached an agreement with the Government and 
with the Government of Vietnam to facilitate voluntary repatriation of 
Montangards. The agreement collapsed in early 2003, the camps were 
dismantled, and the remaining refugees were moved to Phnom Penh for 
resettlement. Since May 2003, all of the approximately 900 Montagnard 
refugees authorized for resettlement in 2002 have been resettled to 
third countries.
    On September 5, the Government took seven North Korean asylum 
seekers into custody in Phnom Penh. On September 24, the international 
press reported that the seven arrived in South Korea for resettlement.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The Constitution provides citizens with the right to change their 
government peacefully, and citizens generally exercised this right in 
practice through periodic elections on the basis of universal suffrage. 
Suffrage is voluntary for all citizens over the age of 18. Voter 
turnout for the July 2003 National Assembly elections was approximately 
83 percent. The CPP won 73 seats in the election, while FUNCINPEC won 
26 seats and the SRP won 24 seats. In July, the CPP and FUNCINPEC 
formed a nominal coalition government, but the CPP dominated the 
Government
    All election observer groups took note of improvements in the July 
2003 elections; however, they concluded the elections still fell short 
of international standards. Politically motivated violence remained a 
problem, but was less than during previous elections. Local NGOs 
reported as many as 33 killings were possibly politically motivated 
during the election period. The Government took action against only 
some alleged perpetrators and addressed other misconduct 
inconsistently.
    Technical problems with the registration process and preparation of 
voter lists effectively disenfranchised many citizens. There were also 
incidents of voter intimidation by local officials. The National 
Election Commission (NEC) failed to establish a credible process to 
resolve election complaints, including charges of political 
intimidation, gift giving, vote buying, and procedural irregularities. 
The appointment of NEC members by the MOI was not transparent and left 
the NEC open to charges of political influence by the ruling CPP.
    There were improvements in media access for registered parties, and 
open political debate and multi party debates were televised nationally 
for the first time; however, electronic media coverage still heavily 
favored the ruling CPP. In June 2003, at least six private radio and 
television stations refused to sell airtime to political parties, a 
move that critics viewed as CPP inspired. The National TV of Cambodia 
was the sole television station to broadcast news of the general 
elections; however, five private radio stations sold airtime to 
political parties.
    Some NGOs and political parties alleged that membership in the 
dominant CPP party provided advantages, such as gifts or access to 
government emergency aid.
    There were no limitations on political participation in traditional 
society; however, Buddhist sect leader Tep Vong, who was believed to be 
pro-government, published an edict urging monks not to vote in the 2003 
elections.
    The Government did not prohibit youth wings of political parties, 
but also did not restrict the activities of the pro CPP Pagoda Boys 
Association when it held counter opposition demonstrations. However, 
unlike in previous years, there were no reports of activity by the 
Pagoda Boys Association during the year.
    In 2002, the Government held its first nationwide commune, local 
level elections. The election results loosened the CPP's 23 year hold 
on local governance. The CPP won 7,703 council members seats 
nationwide, FUNCINPEC won 2,211 member seats, and the SRP won 1,346 
member seats. Although CPP commune chiefs remained in 99 percent of the 
1,621 communes, as a result of the elections, power was shared with 
other parties in all but 148 communes. The transfer of power to the 
newly elected Commune Councilors was smooth. At year's end, the MOI had 
yet to issue instructions for elected commune councils to implement the 
Commune Administration Law describing the power, duties, and functions 
of the councils.
    During the commune level election campaign period, NGOs reported 25 
FUNCINPEC and SRP activists and candidates were killed under suspicious 
circumstances, including 7 killings that human rights monitoring 
organizations agreed were motivated politically.
    Traditional culture has limited the role of women in government; 
however, women took an active part in the July 2003 National Assembly 
elections. The number of women in the National Assembly, Senate, and 
high level government positions increased. There were 22 women in the 
123 seat National Assembly. There were also 11 women in the 61 seat 
Senate. After the formation of the new Government, there were 24 women 
working as ministers, secretaries of state, under secretaries of state, 
and for the NEC. Women also served as advisors, and there were 12 
female judges at the Municipal, Provincial, and Appeals Court levels. 
The Dean of the Royal School of Judges and Prosecutors was also a 
woman. After the 2002 local elections, women held 933 (8.3 percent) of 
the 11,261 commune council seats.
    Minorities also took part in the Government. There were 6 members 
of minorities 2 Cham, 3 tribal, 1 Thai in the 123 seat National 
Assembly. There also were 6 members of minorities--2 Cham, 2 tribal, 
and 2 Thai in the 61 seat Senate. At least eight officials in senior 
positions in the Government were from minority groups.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    A wide variety of domestic and international human rights groups 
generally operated without government restriction, investigating and 
publishing their findings on human rights cases. The Government 
generally cooperated with human rights workers in performing their 
investigations; however, there were numerous reports of lack of 
cooperation or even intimidation by local authorities throughout the 
country.
    There were approximately 40 NGOs involved in human rights 
activities; however, only a small portion of them actively were 
involved in organizing training programs or investigating abuses.
    While the central government generally was cooperative, human 
rights NGOs faced a variety of threats and harassment from local 
officials. These took the form of restrictions on gatherings sponsored 
by NGOs, verbal intimidation, threats of legal action, bureaucratic 
obstruction, and other acts of interference.
    During the year, there were credible threats against the safety of 
local NGO staff providing shelter to trafficked victims and conducting 
anti trafficking advocacy and investigations. The threats were made by 
traffickers and followed raids and operations that threatened their 
interests. In contrast to previous years, NGOs investigating illegal 
logging activity were not known to have been harassed.
    In 2002, the Government and UNHCHR signed a memorandum of 
understanding, which extended the UNHCHR's activities in the country 
for 2 more years. UNHCHR was in the process of renewing the memorandum 
at year's end. During the year, the UNHCHR conducted activities related 
to human rights and the judiciary, and maintained its headquarters in 
Phnom Penh and a regional office in Battambang.
    The Cambodian Human Rights Committee, which the Government 
established in 1998, was largely inactive. The Committee does not have 
regular meetings or a transparent operating process. In April, the 
Committee issued a report for the first quarter of the year detailing 
mob killings, but did not address the killing of union leader Chea 
Vichea and other serious human rights issues.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The Constitution prohibits discrimination based on race, sex, 
color, language, religious beliefs, or political views; however, the 
Government did not always protect these rights.

    Women.--Domestic and international NGOs reported that violence 
against women, including domestic violence and rape, was common. The 
law prohibits rape and assault. Spousal rape and domestic abuse are not 
recognized as separate crimes. A case of spousal rape could be 
prosecuted as ``rape,'' ``causing injury,'' or ``indecent assault,'' 
but such charges were rare. The MOI investigated 270 cases of rape 
between January and November, arresting 297 perpetrators. One local NGO 
reported 387 cases of violence against women from January through 
October; 22 cases resulted in death, and 306 cases resulted in injury. 
The NGO also reported 267 cases of rape between January and October, 
resulting in 6 deaths. Of these cases, 171 involved minors. The 
authorities normally declined to become involved in domestic disputes, 
and the victims frequently were reluctant to issue formal complaints. 
Of 135 lawsuits filed in courts, 18 suspects were arrested, but none 
have been tried.
    Prostitution is prohibited constitutionally; however, there is no 
specific legislation against working as a prostitute. Trafficking in 
women for the purpose of prostitution was a serious problem, despite 
laws against procuring and kidnapping for purposes of sexual 
exploitation (see Section 5, Trafficking). Despite sporadic crackdowns 
on brothel operators in Phnom Penh, prostitution and trafficking 
related to it continued to be a problem. A 1997 Commission on Human 
Rights report to the National Assembly reported 14,725 working 
prostitutes. In 2003, a statistical study generally supported this 
figure by estimating that there were 18,256 working prostitutes in the 
country.
    The Labor Law has provisions against sexual harassment in the 
workplace, and the International Labor Organization (ILO) reported that 
sexual harassment in the industrial sector was rare. Sexual harassment 
was not known to be a problem in other sectors of the economy.
    The Constitution contains explicit language providing for equal 
rights for women, equal pay for equal work, and equal status in 
marriage. In practice, women had equal property rights, the same legal 
status to bring divorce proceedings, and equal access to education and 
some jobs; however, cultural traditions continued to limit the ability 
of women to reach senior positions in business and other areas. 
Demographic trends and a history of conflict have resulted in 
increasing labor force participation on the part of women. According to 
the most recent Labor Force Survey, conducted in 2001, women made up 52 
percent of the population; 60 percent of agricultural workers; 85 
percent of the business work force; 70 percent of the industrial work 
force, a result of the high proportion of women working in garment 
factories; and 60 percent of all service sector workers, which was 
dominated by the tourism industry. Women often were concentrated in low 
paying jobs and largely were excluded from management positions. Men 
make up the vast majority of the military, police, and civil service.
    A large number of NGOs provided training for poor women and widows 
and addressed social problems such as spousal abuse, prostitution, and 
trafficking. A media center produced and broadcast programming on 
women's issues. NGOs provided shelters for women in crisis.

    Children.--The Constitution provides for children's rights, and the 
Government made the welfare of children a specific goal. The Government 
relied on international aid to fund most child social welfare programs, 
resulting in only modest funds for problems that affect children.
    Children were affected adversely by an inadequate education system. 
Education was free, but not compulsory, through grade nine. Many 
children either left school to help their families in subsistence 
agriculture, began school at a late age, or did not attend school at 
all. A 2003 Ministry of Education (MOE) report stated that primary 
school enrollment was 90 percent of eligible children, but only 21 
percent of eligible students had access to secondary education. Despite 
an extensive school construction program, schools were overcrowded and 
lacked sufficient equipment. In rural areas, schools often provided 
only a few years of education. According to MOE data, 52 percent of 
schools lacked drinking water and 41 percent had no toilets. Less than 
5 percent of primary school teachers had completed high school. 
Teachers' salaries were irregularly paid and inadequate to support a 
decent standard of living, leading to demands for unofficial payments 
from parents, which the poorest families could not afford. The 
Government did not deny girls equal access to education; however, 
families with limited resources often gave priority to educating boys. 
In many areas, schools were remote, and transportation was a major 
problem. This particularly affected girls because of safety concerns in 
traveling between their homes and schools.
    Children frequently suffered from malnutrition, and the health care 
system was inadequate. In 2002, infant mortality was estimated at 96 
per thousand. It was also estimated that the mortality rate for 
children under the age of 5 years was 138 per thousand.
    Child abuse was believed to be common, although there were no 
statistics available. A domestic NGO estimated there were more than 
1,200 children living on the streets of Phnom Penh who had no 
relationship with their families, and more than 10,000 children that 
worked on the streets, but returned to their family homes in the 
evenings. It was estimated that there were between 500 and 1,500 
children living on the streets in provincial towns. In June, the 
Governor of Phnom Penh began a controversial roundup of street children 
who were deemed ``an eyesore to the outside tourists.'' The news 
reported that government officials stated the children were being sent 
to an NGO in Banteay Meanchey Province for drug rehabilitation. Many 
children were dropped off on the roadside outside the city and 
subsequently made their way back to Phnom Penh; however, some children 
were never accounted for, and no NGO claimed to have received them.
    Sexual intercourse with a person under the age of 15 is illegal; 
however, child prostitution and trafficking in children were common 
(see Section 5, Trafficking). In 2000, the Government adopted a 5 year 
plan against child sexual exploitation that emphasized prevention 
through information dissemination and protection by law enforcement 
(see Section 5, Trafficking). During the year, there were at least four 
cases in which foreigners were charged with pornography violations or 
pedophilia. Rape of children remained a serious issue, and 57 cases of 
rape involving children below 10 years of age were reported between 
January and October.
    The illegal purchase and sale of infants and children for 
prostitution and adoption was a serious problem. During the year, raids 
on brothels rescued numerous underage girls who were trafficked to the 
country for prostitution. There were no reported cases of individuals 
or organizations purchasing infants or children to sell for profit to 
unwitting adoptive families; this was due primarily to the moratorium 
on adoptions in place for the United States, France, and the United 
Kingdom. Some of these children were exploited. In some cases, the 
perpetrators encouraged women to give up their children under false 
pretenses. For example, the perpetrators promised to care for the 
children temporarily, but then refused to return them.
    Child labor was a problem in the informal sector of the economy 
(see Section 6.d.).

    Trafficking in Persons.--The law prohibits trafficking in persons; 
however, persons were trafficked to, from, and within the country. The 
Law on the Suppression of Kidnapping, Trafficking, and Exploitation of 
Humans (the Trafficking Law) establishes a prison sentence of 15 to 20 
years for any person convicted of trafficking in persons under 15 years 
of age; the penalty is from 10 to 15 years for trafficking persons over 
the age of 15. In October, at the Coordinated Mekong Ministerial 
Initiative Against Trafficking meeting, the country joined five other 
countries in the region in signing a memorandum on regional anti-
trafficking cooperation including a commitment to prepare country-
specific plans of action. A local NGO reported 150 arrests of suspected 
traffickers and rescue of 672 victims during the year. Approximately 
one fifth (134) of these cases involved underage girls. The trafficking 
law contains no provisions to protect foreign victims from being 
charged under the country's immigration laws, but during the year there 
were no reported cases of trafficking victims being treated as illegal 
immigrants.
    Enforcement of the anti trafficking laws and prosecution of 
perpetrators continued to be uneven; however, there was some 
improvement in prosecution and conviction rates. The MOI reported that 
during the year police investigated 106 trafficking cases, arresting 
113 individuals and rescuing 366 victims under the Trafficking Law. 
Phnom Penh Municipal Police arrested 52 suspected traffickers and 
rescued 202 trafficking victims, including 45 underage victims. A local 
NGO reported that only 7 of the 150 trafficking suspects arrested 
during the year were successfully prosecuted by year's end, with 75 
released for lack of evidence and the remainder awaiting trial. A legal 
advocacy NGO brought 50 trafficking cases to court during the year. Of 
the 14 cases that went to trial, convictions were obtained against 6 
traffickers with sentences ranging from 2 years' to 20 years' 
imprisonment. Additionally, the convicted traffickers were ordered to 
pay $400 to $600 (1.6 million to 2.4 million riel) to each victim as 
compensation. There were no reports of cases settled out of court. In 
February, a New Zealander was convicted of debauchery and sentenced to 
20 years. In August, another New Zealander was convicted of debauchery 
for sexually abusing 4 boys age 11 to 16 and sentenced to 10 years in 
prison in addition to being ordered to pay $2,000 (8 million riel) to 
each victim as compensation.
    Several government ministries were active in combating trafficking. 
In 2000, the Government adopted a 5 year plan against child sexual 
exploitation that emphasized prevention through information 
dissemination and protection by law enforcement. The Government has 
established mechanisms for monitoring and reporting on the plan and has 
established a Department of Anti-Human Trafficking and Juvenile 
Protection. There were specialized MOI anti trafficking departments in 
7 provinces and anti trafficking units in the remaining 17 provinces. 
The Ministry of Social Affairs, Veterans, and Youth Rehabilitation 
(MOSAVY) worked with the International Organization for Migration (IOM) 
to repatriate trafficked victims from Thailand to Cambodia and from 
Cambodia to Vietnam. However, repatriation to Vietnam continued to be a 
long and arduous process. In addition, the MOSVY worked with UNICEF and 
local NGOs to manage community based networks aimed at preventing 
trafficking. The Ministry of Women's Affairs continued a public 
education campaign against trafficking, focusing on border provinces. 
In June 2003, the Government signed a Memorandum of Understanding with 
Thailand to pursue joint investigations of transnational traffickers.
    Most adult and child victims were trafficked for the purpose of 
commercial sexual exploitation. Estimates of the number of trafficking 
victims in the sex industry ranged from 2,000 to more than 3,000, 
approximately 80 percent of whom were Vietnamese women and girls. Some 
Vietnamese women and girls were trafficked through the country for 
exploitation in the commercial sex trade in other Asian countries.
    One study estimated that 88,000 citizens worked in Thailand as 
bonded laborers at any given time; many were exploited in the sex 
industry or were employed as beggars, particularly children. Similarly, 
children were trafficked to Vietnam for begging.
    Trafficking victims, especially those trafficked for sexual 
exploitation, faced the risk of contracting sexually transmitted 
diseases, including HIV/AIDS. In some cases, victims were detained and 
physically and mentally abused by traffickers, brothel owners, and 
clients.
    Traffickers used a variety of methods to acquire victims. In many 
cases, victims were lured by promises of legitimate employment. In 
other cases, acquaintances, friends, and family members sold the 
victims or received payment for helping deceive them. Young children, 
the majority of them girls, were often ``pledged'' as collateral for 
loans by desperately poor parents; the children were responsible for 
repaying the loan and the accumulating interest. Local traffickers 
covered specific small geographic areas and acted as middlemen for 
larger trafficking networks. Organized crime groups, employment 
agencies, and marriage brokers were believed to have some degree of 
involvement.
    It was believed widely that some law enforcement and other 
government officials received bribes that facilitated the sex trade and 
trafficking in persons. High ranking government officials or their 
family members reportedly operated, had a stake in, or received 
protection money from brothels that housed trafficking victims, 
including underage sex workers. There were no known prosecutions of 
corrupt officials for suspected involvement in trafficking in persons.
    The MOSVY referred trafficking victims to NGOs. Most assistance to 
victims was provided by local NGOs and international organizations. The 
Government participated as a partner in a number of these efforts; 
however, its contributions were hampered severely by limited resources. 
Some victims were encouraged by NGOs and the MOI to file complaints 
against perpetrators; however, in the general climate of impunity, 
victim protection was problematic, and victims often were intimidated 
into abandoning their cases.
    During the year, NGOs worked with the Ministry of Women's Affairs 
to repatriate nine victims of sex trafficking from Malaysia. The MOI 
was conducting an investigation into the trafficking of women and girls 
to Malaysia for sex.
    The Government has established specialized anti trafficking and 
juvenile protection units in several provinces, which raided a number 
of brothels. The raids of the specialized unit in Phnom Penh resulted 
in the rescue of 68 victims of human trafficking, 36 of whom were under 
the age of 18. Other police units also conducted raids of brothels and 
rescued numerous prostitutes, including underage workers. The 
Government provided most rescued victims with protection, while working 
with NGOs to either reunite the victims with their families or to place 
them in a shelter. Trafficking victims, especially those exploited 
sexually, faced societal discrimination, particularly in their home 
villages and within their own families, as a result of having been 
trafficked.
    In December, the Ministry of Interior's Anti-Trafficking and 
Juvenile Protection Police raided a notorious Phnom Penh hotel, 
detaining 8 suspected traffickers and placing 83 women and girls from 
the hotel under NGO care. A day after the raid the suspects were 
released by police, and a mob of family members and other unidentified 
persons removed or caused to be released 91 women and girls from the 
NGO shelter, including the 83 women and girls taken from the hotel. The 
Government subsequently failed to protect the women and girls during 
the process of an investigation that was still pending at year's end. 
It has not yet been determined how many of these women and girls were 
trafficking victims.
    During the year, there were no reported cases of trafficking 
victims being treated as illegal immigrants. Although the Government 
protected persons who admitted they were victims of trafficking, there 
were cases in 2002 in which victims, who claimed they were 18 and had 
entered prostitution willingly, were treated as deportable aliens. 
Repatriation to Vietnam continues to be a long and arduous process.
    During the year, the Government, together with the ILO, IOM, 
UNICEF, and local and international NGOs cosponsored a national forum 
against trafficking. Four child delegates selected during this event 
then represented the country at a regional trafficking forum convened 
as a complementary advocacy effort to the Coordinated Mekong 
Ministerial Initiative Against Trafficking.
    The Government used posters, television, radio, and traditional 
local theater to raise public awareness of human trafficking. In 2001, 
the Ministry of Women's Affairs launched a major information campaign 
as part of a 3 year education project in conjunction with IOM. The IOM 
continued to work with the Ministry throughout the year to expand this 
project to all provinces.

    Persons With Disabilities.--The Government does not require that 
buildings or government services be accessible to persons with 
disabilities. The Government also prohibits persons with even minor 
disabilities from being teachers in public schools. In the most recent 
figures available dating from 1999, it was reported that there were 
170,000 persons with disabilities, including 24,000 persons missing at 
least 1 limb and 6,744 persons missing more than 1 limb. Disability due 
to landmines accounted for 11.5 percent of the total population of 
persons with disabilities, while disability due to congenital problems 
and disease accounted for 53 percent. During the year, there were 
approximately 800 landmine and unexploded ordinance casualties. 
Programs administered by various NGOs brought about substantial 
improvements in the treatment and rehabilitation of persons who had 
lost limbs; however, persons who had lost limbs faced considerable 
societal discrimination, particularly in obtaining skilled employment.

    National/Racial/Ethnic Minorities.--Citizens of Chinese and 
Vietnamese ethnicity constituted the largest ethnic minorities. Ethnic 
Chinese citizens were accepted in society; however, animosity toward 
ethnic Vietnamese, who were seen as a threat to the nation and culture, 
continued. The rights of minorities under the 1996 nationality law are 
not explicit; constitutional protections are extended only to ``Khmer 
people.''
    Preceding the July 2003 National Assembly elections, the SRP, 
FUNCINPEC, and a number of smaller political parties exploited anti 
Vietnamese sentiment. Political parties attempted to disenfranchise 
thousands of ethnic Vietnamese citizens by challenging their voter 
registration rights, and at least at one polling station a mob 
prevented ethnic Vietnamese from voting. In addition, student groups 
continued to make strong anti Vietnamese statements. They complained of 
political control of the CPP party by the Vietnamese government, border 
encroachment, and other problems for which they held ethnic Vietnamese 
persons at least partially responsible. There was increased ethnic 
tension after the 2003 elections, which resulted in the burning of 
homes of Vietnamese and tense relations in several areas of Kandal 
Province.

    Other Societal Abuses and Discrimination.--Societal discrimination 
against those infected with HIV/AIDS remained a problem in rural areas; 
however, discrimination was moderated by HIV/AIDS awareness programs. 
There was no official discrimination against those infected with HIV/
AIDS.
Section 6. Worker Rights
    a. The Right of Association.--The Labor Law provides workers with 
the right to form professional organizations of their choosing without 
prior authorization, and all workers are free to join the trade union 
of their choice; however, the Government's enforcement of these rights 
was selective, and two trade unionists were killed during the year (see 
Section 1.a.). Membership in trade unions or employee associations is 
not compulsory, and workers are free to withdraw from such 
organizations; however, the Ministry of Labor and Vocational Training 
(MOLVT) has accepted the charter of at least one union that requires 
workers to obtain permission before they may withdraw. The Labor Law 
does not apply to civil servants, including teachers, judges, and 
military personnel, or to household servants. Personnel in the air and 
maritime transportation industries were not entitled to the full 
protections of the law but were free to form unions.
    Most workers were subsistence rice farmers, and although there was 
an expanding service sector, most urban workers were engaged in small 
scale commerce, self employed skilled labor, or unskilled day labor. 
Only a small fraction (estimated at less than 1 percent) of the labor 
force was unionized, and the trade union movement was still nascent and 
very weak. Unions suffered from a lack of resources, training, and 
experience. Unions were concentrated in the garment and footwear 
industries, where approximately 50 to 60 percent of the 250,000 workers 
were union members. The Cambodian Tourism and Service Workers 
Federation, formed in 2003, represented over 3,500 hotel, casino, and 
airport workers. The 1 public sector union, the Cambodia Independent 
Teachers Association (CITA), was registered as an ``association'' and 
represented 5,300 members. Local and provincial authorities, acting on 
the Government's orders, banned most of CITA's activities.
    The Labor Law requires unions and employer organizations to file a 
charter and list of officers with the MOLVT. The MOLVT has registered 
675 factory unions, 18 national labor federations, and 1 national 
confederation (an alliance of several like-minded federations) since 
the Labor Law went into effect in 1997, including 175 unions, 5 
federations, and 1 confederation during the year. During the year, 
there were no complaints that the Government failed to register unions 
or labor federations; however, some unions and federations complained 
of unnecessary delays and costs. Although all unions collect dues from 
members, none was able to operate without outside sources of financial 
support.
    Two major labor federations and several unaffiliated factory unions 
are independent. Eleven registered labor federations have ties to the 
Government or CPP affiliated individuals within the Government. There 
was credible evidence of management involvement in some labor unions. 
In some factories, management appeared to have established their own 
unions, supported pro management unions, or compromised union leaders. 
Independent union leaders complained that the Cambodian Confederation 
of Trade Unions (CCTU)--a newly formed confederation comprised of the 
11 pro government, pro management labor federations--frequently 
intervened in the affairs of other unions and extorted money from 
management in exchange for discouraging workers from conducting legal 
strikes and demonstrations. Some labor unionists alleged that CCTU 
representatives threatened rival union leaders as well as employers.
    The CCTU has effectively supplanted the Cambodian Labor Solidarity 
Organization, a government-affiliated NGO that claimed to protect 
workers and the economy from disruptive union activists and intimidated 
and used violence against unionists and other workers.
    Union activists frequently were the targets of violence. On January 
22, Chea Vichea, President of the Free Trade Union of the Workers of 
Cambodia (FTUWKC), was killed on a busy street in Phnom Penh (see 
Section 1.a.). On May 7, Ros Sovannareth, President of the Trinonga 
Komara Garment Union and a steering committee member of the FTUWKC was 
killed (see Section 1.a.). In addition the International Confederation 
of Free Trade Unions reported that on June 23, Lay Sophead, the 
president of a union affiliated with the FTUWKC, was attacked and left 
for dead. Lay Sophead recovered and applied for a position in another 
factory; however, her application was turned down in an apparent act of 
anti-union discrimination.
    Following the death of Vichea, several trade unionists reported 
receiving threats, including Rong Chhun, President of the Cambodian 
Independent Teacher's Association, and FTUWKC General Secretary Sum Som 
Neang, who has fled the country. In addition, Vichea's partner left the 
country and was granted asylum in another country.
    During the post-election political deadlock, the Government's 
enforcement of the right of association and freedom from anti-union 
discrimination was poor and MOLVT activities declined significantly. 
The Government's enforcement efforts were further hampered by a lack of 
political will and by confused financial and political relationships 
with employers and union leaders. The Government also suffered from a 
lack of resources, including trained, experienced labor inspectors, in 
part because it did not pay staff adequate salaries. The MOLVT often 
decided in favor of employees, but rarely used its legal authority to 
penalize employers who defied its orders. There were credible reports 
of anti union harassment by employers, including the dismissal of union 
leaders, in more than 25 garment factories and other enterprises during 
the year. On several occasions, dismissed union leaders accepted cash 
settlements after unsuccessfully appealing to the Government to enforce 
Labor Law provisions requiring their reinstatement; however, there were 
some cases in which the Government upheld labor rights. For example, 
the Government suspended the export privileges of a garment factory in 
which a manager abused and threatened a unionist. In addition, 
according to MOLVT statistics, 92 companies were fined for Labor Law 
violations between December 2003 and November.
    Unions may affiliate freely, but the law does not address 
explicitly their right to affiliate internationally.

    b. The Right to Organize and Bargain Collectively.--The Labor Law 
provides for the right to organize and bargain collectively; however, 
the Government's enforcement of these rights was inconsistent. Wages 
were set by market forces, except in the case of civil servants, whose 
wages were set by the Government.
    Since passage of the Labor Law in 1997, there has been confusion 
about the overlapping roles of labor unions and elected shop stewards. 
The Labor Law provides unions the right to negotiate with management 
over wages and working conditions and allows unions to nominate 
candidates for shop steward positions. The law provides shop stewards 
the right to represent the union and to sign collective bargaining 
agreements; however, in practice, most factories elected shop stewards 
before a union was present in the enterprise. Many unions had no 
legally enforceable right to negotiate with management if a nonunion 
shop steward had been elected. In addition, the law specifically 
protects elected shop stewards from dismissal without permission from 
the MOLVT, but grants no such protection to elected union leaders. In 
2000, MOLVT issued a regulation that gave trade unions roles comparable 
to those of shop stewards and extended protection from dismissal to 
certain union officers within an enterprise; however, these protections 
for union leaders have not proved effective.
    There were 18 collective bargaining agreements registered with the 
Government, most of which were conciliation agreements between labor 
and management, which did not meet international collective bargaining 
standards. Only two genuine collective bargaining agreements existed 
within the garment industry. These agreements provided additional 
health and welfare provisions such as extra sick leave and maternity 
leave, factory clinic upgrades, and union controlled welfare funds. In 
2001, the Government issued a regulation establishing procedures to 
allow unions to demonstrate that they represent workers for purposes of 
collective bargaining. This regulation also establishes requirements 
for employers and unions regarding collective bargaining and provides 
union leaders with additional protection from dismissal. The Bureau of 
Labor Relations facilitates the process of union registration and 
certification for most representative status for unions, a status that 
entitles a union representing an absolute majority of workers in a 
given enterprise to represent all of the workers in that establishment.
    The MOLVT granted most representative status to 56 unions, enabling 
them to represent workers for purposes of collective bargaining. Other 
unions that have applied for this status and had not yet received it 
complained of unnecessary bureaucratic delays.
    In 2002, the ILO initiated a program to prevent and resolve labor 
disputes. A tripartite labor arbitration council launched by the ILO in 
May 2003 has received 139 collective worker and management dispute 
cases. Of these cases, 123 were resolved (82 through arbitral awards 
and 41 through conciliation during the arbitration process); 12 cases 
were pending at year's end.
    The Labor Law provides for the right to strike and protects 
strikers from reprisal. The MOLVT reported that 79 strikes occurred 
during the year, most of which violated the 7 day strike notice 
requirement. Union leaders, in contrast, maintained that twice as many 
strikes had actually taken place, the majority of which were legal. 
Unions complained that a severe lack of MOLVT involvement during the 
period of political deadlock had led to a dramatic increase in 
industrial action.
    The Government allowed most strikes, and police intervention 
generally was minimal and restrained, even in those cases where 
property damage occurred. During the period of political deadlock 
between the July 2003 elections and the formation of the new 
government, the Government disapproved most demonstration requests, 
citing security concerns as justification. Police presence at the few 
demonstrations that occurred tended to be excessive and often included 
a specialized police intervention unit. In October, police used a water 
hose against 1,700 workers in Sihanoukville who conducted an 
unauthorized strike following the mass dismissal of 41 workers.
    The Government allowed some demonstrations to take place without 
significant interference, including a march in honor of slain union 
leader Chea Vichea (see Section 1.a.) that was attended by thousands of 
his supporters and a 250 person funeral procession for another union 
leader who was murdered in May (see Section 1.a.).
    In spite of the provisions in the law protecting strikers from 
reprisals, there were credible reports of workers being dismissed on 
spurious grounds after organizing or participating in strikes. In some 
cases, strikers were pressured by employers to accept compensation and 
to leave their employment. Employees at two luxury hotels were fired 
following an April strike, which they maintained was legal. The 
employees alleged that management locked them out of the hotel when 
they refused to sign a statement waiving their legal right to strike in 
the future. After 5 months of negotiations, management and workers 
signed a memorandum of understanding in September to rehire 60 percent 
of the workers with backpay and to provide severance packages to the 
remaining workers.
    There are no export processing zones.

    c. Prohibition of Forced or Compulsory Labor.--The Labor Law 
prohibits forced or compulsory labor, including forced labor by 
children; however, the Government did not enforce its provisions 
adequately. Involuntary overtime remained widespread. Under the Labor 
Law, legal overtime work cannot exceed 2 hours daily and must be 
voluntary; however, in practice, overtime was often extended beyond the 
legal limit and employers used coercion to force employees to work. 
Workers often faced fines, dismissal, or loss of premium pay if they 
refused to work overtime.
    There also were reports of isolated cases of forced labor by 
domestic servants.
    Forced child labor was a serious problem in the commercial sex 
industry (see Sections 5 and 6.d.).

    d. Prohibition of Child Labor and Minimum Age for Employment.--The 
Government has adopted laws to protect children from exploitation in 
the workplace.
    The Labor Law establishes 15 years as the minimum age for 
employment and 18 years as the minimum age for hazardous work. The law 
permits children between 12 and 15 years of age to engage in ``light 
work'' that is not hazardous to their health and that does not affect 
school attendance. A tripartite Labor Advisory Committee is responsible 
for defining what constitutes work that is hazardous to the health, 
safety, and morality of adolescents, as well as consulting with the 
MOLVT to determine which types of employment and working conditions 
constitute ``light work.''
    Of children between the ages of 5 years and 17 years, 53 percent 
were employed. One third of these children were over the age of 14 
years, and 71 percent of them were engaged in agricultural, farming, or 
forestry activities; 21 percent of working children were sales or 
service workers, and 7 percent were engaged in production work.
    During the year, the ILO reported that there was no evidence that 
child labor was a problem in the garment sector. Historically, child 
labor has been extremely rare in the garment industry, although young 
workers occasionally misrepresented their age to gain employment. Lack 
of credible civil documents made it difficult for employers to guard 
against this, and most garment factories had policies that set the age 
of employment above the legal minimum age of 15 years.
    The most serious child labor problems were in the informal sector. 
Some observers noted that existing regulations do not address the 
problem of child labor in the informal sector adequately. MOLVT was 
working with the ILO to identify gaps in existing legislation 
proscribing child labor and to develop measures to fully implement the 
relevant conventions. With assistance from the ILO, MOLVT established a 
child labor unit to investigate and combat child labor. The Government 
has developed a national plan that will serve as a framework for 
policies and interventions against the worst forms of child labor.
    The Constitution prohibits forced or bonded child labor; however, 
forced child labor was a serious problem in the commercial sex industry 
(see Section 5). Although law enforcement agencies had authority to 
combat child prostitution, they failed to do so in a sustained, 
consistent manner. Widespread corruption, lack of transparency, 
inadequate resources, and staffing shortages remained the most 
challenging obstacles.

    e. Acceptable Conditions of Work.--The Labor Law requires the MOLVT 
to establish minimum wages based on recommendations from the Labor 
Advisory Committee. By law, the minimum wage can vary regionally. In 
2000, the Labor Advisory Committee approved a minimum wage of $44 
(175,500 riel) per month, but this only extended to the garment and 
footwear industries. Most garment and footwear factories respected the 
minimum wage. There was no minimum wage for any other industry.
    Garment workers earned an average of $65 (260,000 riel) per month, 
including overtime and bonuses. Prevailing monthly wages in the garment 
sector and many other professions were insufficient to provide a worker 
and family with a decent standard of living. Civil service salaries 
also were insufficient to provide a decent standard of living, 
requiring government officials to secure outside sources of income, in 
many cases by obtaining second jobs or collecting bribes.
    The Labor Law provides for a standard legal workweek of 48 hours, 
not to exceed 8 hours per day. The law stipulates time and one half for 
overtime and double time if overtime occurs at night, on Sunday, or on 
a holiday; however, the Government did not enforce these standards 
effectively. Workers in many garment factories reported that overtime 
was excessive or involuntary or that they were required to work 7 days 
per week. Outside the garment industry, regulations on working hours 
were rarely enforced.
    The Labor Law states that the workplace should have health and 
safety standards adequate to ensure workers' well being. The Government 
enforced existing standards selectively, in part because it lacked 
trained staff and equipment. Work-related injuries and health problems 
were common. Most large garment factories producing for markets in 
developed countries met relatively high health and safety standards as 
conditions of their contracts with buyers. Working conditions in some 
small scale factories and cottage industries were poor and often did 
not meet international standards. The Government issued several 
instructions on workplace standards, and more detailed regulations 
awaited approval by the Labor Advisory Committee before they could be 
promulgated. Penalties are specified in the Labor Law, but there are no 
specific provisions to protect workers who complain about unsafe or 
unhealthy conditions. Workers who removed themselves from unsafe 
working conditions risked loss of employment.
    The Labor Law applies to all local and foreign workers. A Ministry 
of Labor regulation limits the number of foreign workers an employer 
can hire to 10 percent.

                               __________

                                 CHINA

    The People's Republic of China (PRC) is an authoritarian state in 
which, as specified in its Constitution, the Chinese Communist Party 
(CCP or Party) is the paramount source of power. Party members hold 
almost all top government, police, and military positions. Ultimate 
authority rests with the 24-member political bureau (Politburo) of the 
CCP and its 9-member standing committee. Leaders made a top priority of 
maintaining stability and social order and were committed to 
perpetuating the rule of the CCP. Citizens lacked the freedom to 
express opposition to the Party-led political system and the right to 
change their national leaders or form of government. Socialism 
continued to provide the theoretical underpinning of national politics, 
but Marxist economic planning has given way to pragmatism, and economic 
decentralization has increased the authority of local officials. The 
Party's authority rested primarily on the Government's ability to 
maintain social stability; appeals to nationalism and patriotism; Party 
control of personnel, media, and the security apparatus; and continued 
improvement in the living standards of most of the country's 1.3 
billion citizens. The Constitution provides for an independent 
judiciary; however, in practice, the Government and the CCP, at both 
the central and local levels, frequently interfered in the judicial 
process and directed verdicts in many cases.
    The security apparatus is made up of the Ministries of State 
Security and Public Security, the People's Armed Police, the People's 
Liberation Army (PLA), and the state judicial, procuratorial, and penal 
systems. Civilian authorities generally maintained effective control of 
the security forces. Security policy and personnel were responsible for 
numerous human rights abuses.
    The country's transition from a centrally planned economy toward a 
market based economy continued. Although state-owned industry remained 
dominant in key sectors, the Government has taken steps to restructure 
major state-owned enterprises (SOEs), privatized many small and medium 
SOEs, and allowed private entrepreneurs increasing scope for economic 
activity. Rising urban living standards; a burgeoning middle class; 
greater independence for entrepreneurs; the reform of the public 
sector, including government efforts to increase transparency and 
eliminate administrative hurdles; and expansion of the private sector, 
including foreign-invested enterprises, continued to increase workers' 
employment options and reduce state control over citizens' daily lives.
    The country faced many economic challenges, including reform of 
SOEs and the banking system, growing unemployment and underemployment, 
an aging population, the need to construct an effective social safety 
net, and rapidly widening income gaps between coastal and interior 
regions and between urban and rural areas. In recent years, between 100 
and 150 million persons voluntarily left rural areas to search for 
better jobs and living conditions in cities, where they were often 
denied access to government-provided economic and social benefits, 
including education and health care. The Government continued to relax 
controls over migration from rural to urban areas, and many cities took 
steps to expand the rights of migrants and their dependents to basic 
social services. In the industrial sector, continued downsizing of SOEs 
contributed to rising urban unemployment that was widely believed to be 
much higher than the officially estimated 4 percent, with many sources 
estimating the actual figure to be as high as 20 percent. The 
Government reported that urban per capita disposable income in 2003 was 
$1,028 and grew by 9 percent over the previous year, while rural per 
capita cash income was $317 and grew by 4 percent. Official estimates 
of the percentage of citizens living in absolute poverty showed little 
change from the previous year. The Government estimated that 30 million 
persons lived in poverty, and the World Bank estimated the number whose 
income does not exceed one dollar per day to be 100 to 150 million 
persons.
    The Government's human rights record remained poor, and the 
Government continued to commit numerous and serious abuses. Citizens 
did not have the right to change their government, and many who openly 
expressed dissenting political views were harassed, detained, or 
imprisoned, particularly in a campaign late in the year against 
writers, religious activists, dissidents, and petitioners to the 
Central Government. Authorities were quick to suppress religious, 
political, and social groups that they perceived as threatening to 
government authority or national stability, especially before sensitive 
dates such as the 15th anniversary of the 1989 Tiananmen massacre and 
other significant political and religious occasions. However, the 
Constitution was amended to mention human rights for the first time.
    Abuses included instances of extrajudicial killings; torture and 
mistreatment of prisoners, leading to numerous deaths in custody; 
coerced confessions; arbitrary arrest and detention; and incommunicado 
detention. The judiciary was not independent, and the lack of due 
process remained a serious problem. The lack of due process was 
particularly egregious in death penalty cases, and the accused was 
often denied a meaningful appeal. Executions often took place on the 
day of conviction or on the denial of an appeal. In Xinjiang, trials 
and executions of Uighurs charged with separatism continued. Government 
pressure continued to make it difficult for lawyers to represent 
criminal defendants. The authorities routinely violated legal 
protections in the cases of political dissidents and religious figures. 
They generally attached higher priority to suppressing political 
opposition and maintaining public order than to enforcing legal norms 
or protecting individual rights. According to 2003 government 
statistics, more than 250,000 persons were serving sentences in 
``reeducation-through-labor'' camps and other forms of administrative 
detention not subject to judicial review. Other experts reported that 
more than 310,000 persons were serving sentences in these camps in 
2003.
    Throughout the year, the Government prosecuted individuals for 
subversion and leaking state secrets as a means to harass and 
intimidate, while others were detained for relaying facts about Chinese 
human rights issues to those outside the country. Among those detained 
or convicted on such charges were Christian activists Zhang Rongliang, 
Liu Fenggang, Xu Yonghai and Zhang Shengqi, and journalists Zhao Yan, 
Shi Tao, Li Guozhu and members of the independent PEN Center's China 
branch. The Government detained individuals administratively to 
suppress dissent and intimidate others. In April and June, authorities 
detained many who planned 15th anniversary commemorations of the 1989 
Tiananmen massacre, including activist Hu Jia and ``Tiananmen Mothers'' 
organization founders. Similarly, military officials detained Dr. Jiang 
Yanyong because he wrote to government leaders requesting an official 
reassessment of the 1989 Tiananmen massacre.
    The number of individuals serving sentences for the now-repealed 
crime of counterrevolution was estimated at 500 to 600; many of these 
persons were imprisoned for the nonviolent expression of their 
political views. Nongovernmental organizations (NGOs) estimated that as 
many as 250 persons remained in prison for political activities 
connected to the 1989 Tiananmen demonstrations.
    The authorities granted early release from prison to Tibetan nun 
Phuntsog Nyidrol in February and China Democracy Party (CDP) co-founder 
Wang Youcai in March. Counterrevolutionary prisoners Liu Jingsheng and 
Chen Gang were also released during the year, after their sentences 
were reduced. However, many political prisoners, including Internet 
activists Xu Wei, Yang Zili, and Huang Qi; Uighurs Rebiya Kadeer and 
Tohti Tunyaz; journalists Zhao Yan and Jiang Weiping; labor activists 
Yao Fuxin and Xiao Yunliang; civil activist Mao Hengfeng; Catholic 
Bishop Su Zhimin; Christian activists Zhang Rongliang, Zhang Yinan, Liu 
Fenggang, and Xu Yonghai; Tibetans Jigme Gyatso, Tenzin Deleg, and 
Gendun Choekyi Nyima; Inner Mongolian cultural activist Hada; CDP co-
founder Qin Yongmin; and political dissident Yang Jianli remained 
imprisoned or under other forms of detention, some in undisclosed 
locations.
    The Government used the international war on terror as a pretext 
for cracking down harshly on suspected Uighur separatists expressing 
peaceful political dissent and on independent Muslim religious leaders. 
The human rights situation in the Tibet Autonomous Region (TAR) and in 
some Tibetan regions outside the TAR also remained poor (see Tibet 
Addendum).
    The Government maintained tight restrictions on freedom of speech 
and of the press, and a wave of detentions late in the year signaled a 
new campaign targeting prominent writers and political commentators. 
The Government regulated the establishment and management of 
publications, controlled broadcast and other electronic media, censored 
some foreign television broadcasts, and jammed some radio signals from 
abroad. During the year, publications were closed and otherwise 
disciplined for publishing material deemed objectionable by the 
Government, and journalists, authors, academics, Internet writers, and 
researchers were harassed, detained, and arrested by the authorities. 
Although the scope of permissible private speech has continued to 
expand in recent years, the Government continued and intensified 
efforts to monitor and control use of the Internet and other wireless 
technology, including cellular phones, pagers, and instant messaging 
devices. During the year, the Government blocked many websites, began 
monitoring text messages sent by mobile phones, and pressured Internet 
companies to censor objectionable content. NGOs reported that 43 
journalists were imprisoned at year's end.
    The Government severely restricted freedom of assembly and 
association and infringed on individuals' rights to privacy. The 
authorities harassed and abused many who raised public grievances, 
including petitioners to the Central Government. The Government 
outlawed public commemoration of the 1989 Tiananmen massacre. Thousands 
of individuals protesting forced evictions and workplace and health 
issues were detained during the year. Petitioner issues were 
increasingly considered suspect by the Government, and petitioner 
leader Ye Guozhu was arrested in August while seeking permission to 
hold a 10,000-person rally against forced eviction.
    While the number of religious believers in the country continued to 
grow, the Government's record on respect for religious freedom remained 
poor, and repression of members of unregistered religious groups 
increased in some parts of the country. Members of unregistered 
Protestant and Catholic congregations, Muslim Uighurs, and Tibetan 
Buddhists, including those residing within the TAR (see Tibet Addendum) 
experienced ongoing and, in some cases, increased official 
interference, harassment, and repression. Government officials 
increased vigilance against ``foreign infiltration under the guise of 
religion.'' The Government detained and prosecuted a number of 
underground religious figures in both the Protestant and Catholic 
Church. Among them, Protestants Liu Fengang, Xu Yonghai, and Zhang 
Shengqi were sentenced for sending to overseas organizations 
information that the Government considered sensitive.
    The extent of religious freedom varied significantly from place to 
place. The Government continued to enforce regulations requiring all 
places of religious activity to register with the Government. Many 
provincial authorities required groups seeking to register to come 
under the supervision of official, ``patriotic'' religious 
organizations. Religious worship in many officially registered 
churches, temples, and mosques occurred without interference, but 
unregistered churches in some areas were destroyed, religious services 
were broken up, and church leaders and adherents were harassed, 
detained, or beaten. At year's end, scores of religious adherents 
remained in prison because of their religious activities. No visible 
progress was made in normalizing relations between the official 
Patriotic Catholic Church and Papal authorities, although both the 
Government and the Vatican stated that they were ready to resume 
negotiations aimed at establishing diplomatic relations. 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. Several hundred Falun Gong adherents reportedly have died 
in detention due to torture, abuse, and neglect since the crackdown on 
Falun Gong began in 1999.
    Freedom of movement continued to be restricted. However, the 
Government continued to relax its residence-based registration 
requirements. The Government denied the U.N. High Commissioner for 
Refugees (UNHCR) permission to operate along its border with North 
Korea and deported several thousand North Koreans, many of whom faced 
persecution and some of whom may have been executed upon their return, 
as provided in North Korean law. Abuse and detention of North Koreans 
in the country was also reported.
    The Government did not permit independent domestic NGOs to monitor 
human rights conditions. However, in September, the U.N. Working Group 
on Arbitrary Detention visited Beijing, Sichuan, and the TAR and toured 
10 detention facilities. Although the Government extended invitations 
to the U.N. Special Rapporteur for Torture and the U.N. Special 
Rapporteur for Religious Intolerance, those visits did not occur by 
year's end. The Government also extended an invitation to the leaders 
of the U.S. Commission on International Religious Freedom, but the 
visit did not occur due to restrictive conditions that the Government 
placed on the visit. In December, the Government postponed a planned 
seminar by the Organization for Economic Cooperation on Socially 
Responsible Investment, which resulted in the cancellation of a visit 
by the OECD's Trade Union Advisory Council to discuss labor issues.
    Violence against women, including imposition of a coercive birth 
limitation policy that resulted in instances of forced abortion and 
forced sterilization, continued to be a problem, as did prostitution. 
Discrimination against women, persons with disabilities, and minorities 
persisted. Trafficking in persons continued to be a serious problem.
    Labor demonstrations, particularly those protesting nonpayment of 
back wages, continued. Workplace safety remained a serious problem, 
particularly in the mining industry. The Government continued to deny 
internationally recognized worker rights, including freedom of 
association. Forced labor in prison facilities remained a serious 
problem.
    Significant legal reforms continued during the year, including a 
Constitutional amendment specifically to include protection of 
citizens' human rights and legally obtained private property for the 
first time. In July, the Government enacted the Administrative 
Procedures Law, which prohibits government agencies from violating 
citizens' rights or seizing property without clear legal authority. A 
new infectious disease law was enacted prohibiting discrimination 
against people with HIV/AIDS and Hepatitis B, and employment 
discrimination against those with HIV/AIDS and Hepatitis B was 
outlawed. Treatment of some migrant workers was improved in many major 
cities through the passage of laws intended to guarantee migrant 
children access to public education and to protect migrant workers' 
rights to receive their salary on a regular basis. The Government 
enacted reforms related to interrogation of detainees, fighting 
corruption, procedures for requisitioning land, confiscation of 
personal property, extending social security, regulating religion, and 
providing legal aid. At year's end, it remained unclear how widely 
these reforms would be implemented and what effect they would have.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Arbitrary or Unlawful Deprivation of Life.--During the year, 
politically motivated and other arbitrary and unlawful killings 
occurred. While no official statistics on deaths in custody were 
available, state-run media reported that 460 people were killed by law 
enforcement officials and over 100 seriously injured through abuse or 
dereliction of duty in 2003. In August, the Sichuan Provincial 
Procuratorate issued a report stating that, in the first half of the 
year, 118 individuals in Sichuan Province died and 10 were severely 
injured due to malfeasance by police and prison officials. In June, 
state-run media reported that in Guizhou Province police beat Jiang 
Zongxiu to death after she was detained administratively for 
distributing Bibles (see Section 2.c.). In April, Gu Xianggao died in 
police custody in Harbin, Heilongjiang Province. Public security 
officials offered compensation to his family in connection with his 
death. In these cases, officials denied that the deaths occurred 
because of police abuse, but others who viewed the bodies stated that 
beatings had occurred (see Sections 1.c. and 1.d.).
    Several hundred Falun Gong adherents reportedly have died in 
detention due to torture, abuse, and neglect since the crackdown on 
Falun Gong began in 1999 (see Section 2.c). Some groups based abroad 
estimated that as many as 2,000 Falun Gong practictioners have died as 
a result of official persecution.
    Trials involving capital offenses sometimes took place under 
circumstances involving severe lack of due process and with no 
meaningful appeal. Executions often took place on the day of conviction 
or appeal. For example, on international antidrug day, June 26, dozens 
of prisoners were executed, many within hours of their trial and 
conviction. In Xinjiang, executions of Uighurs accused by authorities 
of separatism, which some observers claimed were politically motivated, 
were reported (see Section 5). The Government regarded the number of 
death sentences it carried out as a state secret. However, in March, a 
National People's Congress deputy asserted that nearly 10,000 cases per 
year ``result in immediate execution.'' The statement sparked calls for 
reform, including returning the power to issue death sentences from 
provincial courts to the Supreme People's Court (SPC) and eliminating 
the death penalty for economic and other nonviolent crimes. 
Nonetheless, media reports stated that approximately 10 percent of 
executions were for economic crimes, especially corruption. SPC and 
Ministry of Justice officials stated that the 10,000 executions per 
year figure is exaggerated. Amnesty International (AI) reported that 
China executed more persons than any other country. Some foreign 
academics estimated that as many as 10,000 to 20,000 persons are 
executed each year.

    b. Disappearance.--The Government used incommunicado detention. The 
law requires notification of family members within 24 hours of 
detention, but many individuals were held without notification for 
significantly longer periods, especially in sensitive political cases. 
Dr. Jiang Yanyong and his wife were detained on June 1 and held 
incommunicado for several weeks in connection with a letter he wrote to 
government leaders about the 1989 Tiananmen massacre (see Section 
2.d.). New York Times researcher Zhao Yan also was held for several 
days in September before authorities notified his relatives and 
employer (see Section 2.a.).
    By year's end, the Government had not provided a comprehensive, 
credible accounting of all those missing or detained in connection with 
the suppression of the 1989 Tiananmen demonstrations. Public calls for 
a reassessment of the 1989 Tiananmen massacre increased during the 
year, especially around the 15th anniversary of the crackdown.

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The Prison Law forbids prison guards from extorting 
confessions by torture, insulting prisoners' dignity, and beating or 
encouraging others to beat prisoners; however, police and other 
elements of the security apparatus employed torture and degrading 
treatment in dealing with some detainees and prisoners. While senior 
officials acknowledged that torture and coerced confessions were 
chronic problems, they did not take sufficient measures to end these 
practices. Former detainees reported credibly that officials used 
electric shocks, prolonged periods of solitary confinement, 
incommunicado detention, beatings, shackles, and other forms of abuse.
    Since the crackdown on Falun Gong began in 1999, several hundred 
Falun Gong adherents reportedly died in custody due to torture, abuse, 
and neglect (see Section 2.c.). During the year, the Government 
arrested Falun Gong members and formally charged them with 
manufacturing claims that they were tortured.
    During the year, police continued to use torture to coerce 
confessions from criminal suspects. A Supreme People's Procuratorate 
(SPP) investigation uncovered more than 4,000 cases of official abuse, 
including torture and extracting confessions through coercion, from 
2001 to 2003. Lawyers and other observers continued to point to the 
December 2003 conviction and execution of crime syndicate figure Liu 
Yong on corruption charges as a prominent example of the Government 
ignoring evidence of torture in the interest of fighting crime. Liu was 
sentenced to death in 2002, but Beijing-based defense attorneys 
discovered evidence that a key witness' confession was coerced through 
torture. As a result, the Liaoning High Court overturned Liu's death 
sentence in August 2003. Yielding to public opposition to the ruling, 
the SPC reinstated the death penalty in December 2003, and Liu was 
executed the same day.
    Mao Hengfeng, a Shanghai housing activist and organizer sentenced 
to reeducation through labor for staging ``disorderly visits'' to 
Government offices, reportedly suffered various forms of torture. She 
reportedly was held with drug addicts who were allowed to abuse her, 
was strapped to her bed for hours at time, was force-fed an 
unidentified medicine that turned her mouth black, and, on one 
occasion, had her limbs pulled in different directions for a period of 
2 days.
    The Government made some efforts to address the problem of torture 
during the year. Some provincial governments issued regulations 
stipulating that judges and police who used torture to extract 
confessions from suspects would face dismissal. In May, the SPP 
announced a 1-year campaign to punish officials who infringed on human 
rights, including officials who coerced confessions through torture or 
illegally detained or mistreated prisoners. In August, the Government 
issued new regulations governing the length and conditions of 
interrogation for pretrial detainees, including protections for 
pregnant women, juveniles, and the elderly. Police officers who 
tortured suspects faced dismissal and criminal prosecution in some 
cases. For example, in June two police officers in Bazhou, Hebei 
Province, were sentenced to life in prison and a suspended death 
sentence after torturing a suspect to death and hiding the body in 
2001. In July, two Sichuan Province police officers were sentenced to 
12 years and 1 year in prison, respectively, in another case in which a 
suspect died after being tortured.
    During the year, there were reports of persons, including Falun 
Gong adherents, sentenced to psychiatric hospitals for expressing their 
political or religious beliefs (see Section 1.d.). Some reportedly were 
forced to undergo electric shock treatments.
    Petitioners and other activists sentenced to administrative 
detention also reported being tortured. Such reports included being 
strapped to beds or other devices for days at a time, being beaten, 
being forcibly injected or fed medications, and being denied food and 
use of toilet facilities.
    The Ministry of Justice administered more than 670 prisons with a 
population of over 1.5 million inmates, according to official 
statistics. In addition, 33 jails for juveniles housed over 19,000 
juvenile offenders. The country also operated hundreds of 
administrative detention centers, which were run by security ministries 
and administered separately from the Ministry of Justice and the formal 
court system (see Section 2.d.)
    Conditions in penal institutions for both political prisoners and 
common criminals generally were harsh and frequently degrading. 
Prisoners and detainees often were kept in overcrowded conditions with 
poor sanitation. Prison capacity became an increasing problem in some 
areas, including Guangdong Province. Food often was inadequate and of 
poor quality, and many detainees relied on supplemental food and 
medicines provided by relatives. Some prominent dissidents were not 
allowed to receive supplemental food and medicine from relatives. 
Political prisoners often were kept segregated from each other and 
placed with common criminals, who sometimes beat political prisoners at 
the instigation of guards. Xu Guang, a former CDP member released from 
prison in September, stated that he was beaten and placed in a metal 
cage for 2 months after he commemorated the anniversary of the 1989 
Tiananmen massacre while in Qiaoci Prison in Hangzhou, Zhejiang 
Province. Newly arrived prisoners or those who refused to acknowledge 
committing crimes were particularly vulnerable to being beaten in 
prison. In January, political dissident He Depu was reportedly beaten 
by guards at Beijing No. 2 Prison and made deaf in one ear. Authorities 
acknowledged He's deafness, but asserted that he was already deaf when 
he entered prison, a claim denied by his family members. Prolonged use 
of electric shocks and use of a rack-like disciplinary bed were 
reported at Inner Mongolia's Chifeng Prison. Inner Mongolian cultural 
activist Hada was among those tortured, according to credible NGO 
reports. Chinese prison management relied on the labor of prisoners 
both as an element of punishment and to fund prison operations (see 
Section 6.c.).
    Adequate, timely medical care for prisoners continued to be a 
serious problem, despite official assurances that prisoners have the 
right to prompt medical treatment if they become ill. In August, 
businessman Wu Daiyou died in a Chongqing prison. His family claimed he 
contracted tuberculosis in prison and died because authorities denied 
him needed medical treatment. Political prisoners continued to have 
difficulties obtaining medical treatment, despite repeated appeals on 
their behalf by their families and the international community. Foreign 
citizen Jude Shao suffered a serious heart ailment in a Shanghai prison 
that authorities were unable to treat. Foreign legal residents Yang 
Jianli and Wang Bingzhang suffered strokes in prison, but authorities 
rejected their requests for outside medical care. Others with health 
concerns included Uighur businesswoman Rebiya Kadeer; democracy 
activists Qin Yongmin, Hua Di, and He Depu; Internet writers Yang Zili 
and Luo Yongzhang; labor activists Xiao Yunliang, Yao Fuxin, Hu Shigen, 
and Zhang Shanguang; civil activist Mao Hengfeng; Inner Mongolian 
activist Hada; and religious prisoners Zhang Rongliang, Liu Fenggang, 
Xu Yonghai, Gong Shengliang, Chen Jingmao, and Bishop Su Zhimin. During 
the year, some political prisoners went on hunger strikes in prison to 
protest their treatment.
    Special prisons to segregate HIV-positive prisoners and provide 
care to those with HIV/AIDS were established during the year, including 
facilities in Henan and Zhejiang Provinces. In July, supporters of a 
Shangqiu, Henan Province AIDS orphanage and school, which the 
Government claimed was operating illegally, were detained for 
contesting the closure of the institution. Wang Guofeng and Li Suzhi, 
who have HIV, claimed they received inadequate treatment while detained 
and that authorities refused to provide them with test results or allow 
them to travel to Beijing to see specialists after they were released 
on bail. The Government stated they were denied imported HIV 
medications because such medicines likely were smuggled into the 
country.
    Acknowledging guilt was a precondition for receiving certain 
privileges, including the ability to purchase outside food, make 
telephone calls, and receive family visits. Prison officials often 
denied privileges to those, including political prisoners, who refused 
to acknowledge guilt or obey other prison rules. After CCP activist 
Wang Bingzhang told jailers he intended to stage a hunger strike, 
prison staff withheld prison visits, letters, telephone privileges, and 
other communication for 6 months as punishment. Foreign Falun Gong 
member Charles Lee staged a hunger strike to protest forced 
``reeducation'' sessions he was given in prison. Some prominent 
political prisoners, however, received better than standard treatment.
    Conditions in administrative detention facilities, such as 
reeducation-through-labor camps, were similar to those in prisons. 
Beating deaths occurred in administrative detention. The March 2003 
death of university graduate Sun Zhigang in a custody-and-repatriation 
camp designed to hold illegal migrants focused public attention on 
abuses in the administrative detention system. Under the custody-and-
repatriation system, police detained and forcibly repatriated to their 
home provinces migrants, petitioners, and political activists caught 
without an identification card, work permit, or temporary residence 
permit. Public outcry following Sun's death played an important role in 
the State Council's decision, in June 2003, to abolish the custody-and-
repatriation system and convert custody-and-repatriation camps across 
the country into voluntary humanitarian aid shelters for the homeless. 
Initial reports indicated that most current residents of the camps are 
indeed there voluntarily. In June, a facility employee who urged 
inmates to beat Sun was sentenced to death. During the year, one inmate 
was given a suspended death sentence, and 17 others received prison 
sentences in connection with Sun's death.
    Deaths in reeducation-through-labor camps led to calls to reform or 
abolish that system as well. Reform of the reeducation-through-labor 
law was placed on the legislative agenda of the National People's 
Congress (NPC), but no concrete steps were taken to enact a new law 
during the year. Scholars publicly discussed reforms, including 
introducing judicial oversight of reeducation-through-labor sentences, 
allowing lawyers to participate in hearings prior to reeduction 
sentences, limiting the types of behavior punishable by reeducation, 
establishing alternatives to incarceration, and shortening the maximum 
term of reeducation.
    Sexual and physical abuse and extortion were reported in some 
detention centers. Forced labor in prisons and reeducation-through-
labor camps was also common.
    The Government generally did not permit independent monitoring of 
prisons or reeducation-through-labor camps, and prisoners remained 
inaccessible to most international human rights organizations. However, 
the Government hosted a visit by the U.N. Working Group on Arbitrary 
Detention that included visits to 10 detention facilities in Beijing, 
Chengdu, and the TAR (see Section 1.d.). The Government also agreed to 
invite the U.N. Special Rapporteur for Torture, but the visit stalled, 
in part because of the Government's refusal to allow him to visit 
prisons without advance notice (see Section 4). By year's end, the 
Government had not announced any progress in talks with the 
International Committee of the Red Cross (ICRC) on an agreement for 
ICRC access to prisons, although there were several rounds of 
consultations between the ICRC and the Government about allowing the 
ICRC to open an office in Beijing. Monthly working level meetings 
intended to renew cooperation on the U.S.-China Prison Labor Memorandum 
of Understanding continued during the year, and visits were conducted 
in July, September, and December (see Section 6.c).

    d. Arbitrary Arrest or Detention.--Arbitrary arrest and detention 
remained serious problems. The law permits authorities, in some 
circumstances, to detain persons without arresting or charging them, 
and persons may be sentenced administratively to up to 3 years in 
reeducation through-labor camps and other administrative detention 
facilities without a trial. Because the Government tightly controlled 
information, it was impossible to determine the total number of persons 
subjected to new or continued arbitrary arrest or detention. According 
to 2003 official government statistics, more than 250,000 persons were 
in reeducation-through-labor camps. Other experts reported that more 
than 310,000 persons were serving sentences in these camps in 2003. 
According to published reports of the Supreme People's Procuratorate, 
the country's 340 reeducation-through-labor facilities had a total 
capacity of about 300,000 people. In addition, special administrative 
detention facilities existed for drug offenders and prostitutes. In 
2002, these facilities held over 130,000 offenders, and the number 
reportedly has increased. An additional form of administrative 
detention for migrants and homeless persons, known as custody and 
repatriation, was abolished in 2003 and converted into a system of over 
900 voluntary humanitarian aid shelters (see Section 1.c.). According 
to official statistics, those facilities had served more than 670,000 
people from August 1, 2003 to November 30, 2004. The Government also 
confined some Falun Gong adherents, petitioners, labor activists, and 
others to psychiatric hospitals.
    Approximately 500 to 600 individuals continued to serve sentences 
for the now-repealed crime of counterrevolution. Many of these persons 
were imprisoned for the nonviolent expression of their political views 
(see Section 1.e.).
    The Ministry of Public Security (MPS) coordinates the country's law 
enforcement, which is administratively organized into local, county, 
provincial, and specialized police agencies. Recent efforts have been 
made to strengthen historically weak regulation and management of law 
enforcement agencies; however, judicial oversight is limited and checks 
and balances are absent. Corruption at the local level was widespread. 
Police officers reportedly coerced victims of crimes, took individuals 
into custody without due cause, arbitrarily collected fees from 
individuals charged with crimes, and mentally and physically abused 
victims and perpetrators. The SPP investigated approximately 1,980 
police officials for dereliction of duty in the period from January to 
September. Among them was a Hunan Province police official who was 
sentenced to 6 months in prison for failing to investigate the 
abduction and rape of a 9-year-old girl. Public interest lawyers also 
sued police in a Hunan Province village for failing to investigate the 
murder of a young woman, allegedly committed by her police officer 
boyfriend. Through September, the SPP filed 938 corruption cases 
against 1,078 officials working in prisons, jails, and other detention 
facilities.
    Extended, unlawful detention by security officials remained a 
serious problem. The SPP reported that from 1998 through 2002 there 
were 308,182 persons detained for periods longer than permitted by law. 
In 2003, the Government initiated a campaign to resolve cases of 
extended, unlawful detention. According to state media, 7,064 criminal 
suspects endured extended unlawful detention during the year (including 
some whose detention was prolonged from 2003). Courts reviewed and 
resolved 6,775 of those cases from January to October 2004, leaving 
only 289 cases unresolved, the Government stated. In March, the SPC and 
SPP reported to the National People's Congress that they had reviewed 
nearly 30,000 extended detention cases in 2003, including many that 
dated back several years, and resolved nearly all. In most cases, those 
detained unlawfully were formally charged or convicted, but a few, 
including Internet writer Liu Di, were released. Procuratorates in 
Hainan and Guizhou Provinces formally punished local police officers 
who unlawfully extended a suspect's term in custody.
    According to the Criminal Procedure Law, police may unilaterally 
detain a person for up to 37 days before releasing him or formally 
placing him under arrest. After a suspect is arrested, the law allows 
police and prosecutors to detain him for up to 6 and one-half months 
before trial while a case is being further investigated. In practice, 
pretrial detention in some cases lasted for a year or longer. Dissident 
Yang Jianli was held without conviction for more than 2 years before 
his verdict and 5-year sentence on espionage and illegal entry charges 
was announced in May. Originally detained in April 2002, he was not 
tried until August 2003. The U.N. Working Group on Arbitrary Detention 
found that the country's pretrial detention of Yang Jianli violated the 
Universal Declaration on Human Rights and the International Covenant on 
Civil and Political Rights.
    The law stipulates that authorities must notify a detainee's family 
or work unit of his detention within 24 hours. However, in practice, 
failure to provide timely notification remained a serious problem, 
particularly in sensitive political cases. Under a sweeping exception, 
officials are not required to provide notification if doing so would 
``hinder the investigation'' of a case. In some cases, police treated 
those with no immediate family more severely. Police continued to hold 
individuals without granting access to family members or lawyers, and 
trials continued to be conducted in secret. Detained criminal suspects, 
defendants, their legal representatives, and close relatives were 
entitled to apply for bail, but, in practice, few suspects were 
released pending trial.
    The Criminal Procedure Law does not address the reeducation-
through-labor system, which allows non-judicial panels of police and 
local authorities, called Labor Reeducation Committees, to sentence 
persons to up to 3 years in prison-like facilities. The committees can 
also extend an inmate's sentence for an additional year. Defendants 
legally were entitled to challenge reeducation-through-labor sentences 
under the Administrative Litigation Law. They could appeal for a 
reduction in, or suspension of, their sentences; however, appeals 
rarely were successful. Many other persons were detained in similar 
forms of administrative detention, known as ``custody and education'' 
(for example, for prostitutes and their clients) and ``custody and 
training'' (for minors who committed crimes). A special form of 
reeducation center was used to detain Falun Gong practitioners who had 
completed terms in reeducation through labor, but whom authorities 
decided to detain further.
    According to foreign researchers, the country had 20 ``ankang'' 
institutions (high-security psychiatric hospitals for the criminally 
insane) directly administered by the Ministry of Public Security. Some 
dissidents, persistent petitioners, and others were housed with 
mentally ill patients in these institutions. ``Patients'' in these 
hospitals were reportedly given medicine against their will and 
forcibly subjected to electric shock treatment. The regulations for 
committing a person into an ankang facility were not clear. Credible 
reports indicated that a number of political and trade union activists, 
``underground'' religious believers, persons who repeatedly petitioned 
the Government, members of the banned China Democratic Party, and Falun 
Gong adherents were incarcerated in such facilities during the year. 
These included Wang Miaogen, Wang Chanhao, Pan Zhiming, and Li Da, who 
were reportedly held in an ankang facility run by the Shanghai Public 
Security Bureau. The Government negotiated with the World Psychiatric 
Association to resolve a motion pending in previous years that would 
have expelled the country from the organization for using psychiatric 
facilities to incarcerate political prisoners, but a planned WPA visit 
to the country did not take place.
    Administrative detention was frequently used as a vehicle to 
intimidate political activists and prevent public demonstrations (see 
Section 2.b.). For example, authorities detained several persons in the 
period before the April ``Qingming'' memorial holiday as a means to 
prevent public commemoration of the 1989 Tiananmen massacre. Tiananmen 
Mothers organization co-founders Ding Zilin, Jiang Xianling, and Huang 
Jinping were detained at separate locations in late March. AIDS 
activist Hu Jia also was detained after he stated his intention to 
commemorate the anniversary on their behalf. All were released 
eventually, but some were prevented from returning to Beijing until 
after the holiday was over. On June 1, military officials detained 
retired PLA doctor Jiang Yanyong, who in 2003 had helped focus 
international attention on the spread of Severe Acquired Respiratory 
Syndrome (SARS) in Beijing, because he wrote to government leaders 
requesting a reassessment of the 1989 Tiananmen crackdown. The 72-year-
old Jiang and his wife, Hua Zhongwei, were interrogated in an 
undisclosed location. Hua was released on June 15. Jiang was released 
without charges on July 20, but he was forbidden to speak with 
journalists or foreigners, and he remained in a form of house arrest. 
Dr. Jiang also was pressured not to leave the country to accept an 
award (see Section 2.d.).
    Arrests on charges of revealing state secrets, subversion, and 
common crimes were used during the year by authorities to suppress 
political dissent and social advocacy. Citizens were detained and 
prosecuted during the year under broad and ambiguous state secrets laws 
for, among other actions, disclosing information on criminal trials, 
meetings, and government activity. The number of persons executed each 
year has been deemed by the Government to be a state secret. 
Information could retroactively be classified a state secret by the 
Government. Dozens of citizens writing on the Internet or engaging in 
on-line chat about political topics were detained on state secrets and 
subversion charges during the year (see Section 2.a.). More than 100 
intellectuals signed a petition urging the Government to revise the 
subversion law because its use in the prosecution of Internet writer Du 
Daobin contradicted the constitutional guarantee of free speech.
    In September, the U.N. Working Group on Arbitrary Detention visited 
detention facilities in Beijing, Sichuan Province, and the TAR. 
Although satisfied with its access, the Working Group noted that all 
four recommendations from its 1997 visit to China still had not been 
implemented and continued to be serious problems. First, the law lacks 
a presumption of innocence until proven guilty. Second, it fails to 
define ``endangering national security'' so that overly broad 
prosecutions can and do occur. Third, the law includes no protection 
for those peacefully exercising rights protected by the Universal 
Declaration of Human Rights. Fourth, no ``real judicial control'' 
exists over the reeducation-through-labor system. The Working Group 
noted the Government's announced plan to adopt legislation that would 
address deficiencies in reeducation through labor and regulate the use 
of psychiatric institutions in administrative detention.
    Police sometimes harassed and detained relatives of dissidents. 
Journalists also were detained or threatened during the year, often 
when their reporting met with the Government's or local authorities' 
disapproval (see ection 2.a.). For example, New York Times researcher 
Zhao Yan was detained in September shortly after the newspaper 
published an article correctly predicting the resignation of Jiang 
Zemin as chairman of the Central Military Commission. The newspaper 
denied that Zhao had any involvement with the story, and prosecutors 
did not disclose the basis for the charges, citing state secrets laws 
(see Section 2.a.). In December, farmers' advocate and writer Li 
Boguang and three members of the independent PEN Center promoting 
writers' freedoms were among those detained in what appeared to be a 
campaign targeting writers (see Section 2.a.). Local authorities used 
the Government's campaign against cults to detain and arrest large 
numbers of religious practitioners and members of spiritual groups, 
including Christian leader Zhang Rongliang (see Section 2.c.).
    The campaign that began in 1998 against the China Democracy Party 
(CDP), an opposition party, continued during the year. Dozens of CDP 
leaders, activists, and members have been arrested, detained, or 
confined as a result of this campaign. Since December 1998, over 40 
core leaders of the CDP have been given severe punishments on 
subversion charges. Xu Wenli, Wang Youcai, and Qin Yongmin were 
sentenced in 1998 to prison terms of 13, 12, and 11 years, 
respectively. Xu Wenli and Wang Youcai were released on medical parole 
to the United States in December 2002 and March 2004, respectively. Qin 
remained in prison at year's end. During the year, Sang Jiancheng was 
sentenced to a 3-year prison term in connection with an open letter 
calling for political reform and a reappraisal of the official verdict 
on the 1989 Tiananmen massacre signed by 192 activists, including 
former CDP members, prior to the 16th Party Congress in November 2002. 
Internet writer Ouyang Yi, one of the signers of the open letter, was 
released after serving a 2-year prison sentence in December, but other 
signers of the letter remained jailed.
    Since the Government banned the Falun Gong spiritual group in 1999, 
criminal proceedings involving accused Falun Gong activists were held 
almost entirely outside the formal court system. In December, a Beijing 
attorney sent an open letter to the National People's Congress 
highlighting issues of arbitrary detention and unlawful process in 
cases involving Falun Gong. The letter focused on the April detention 
and subsequent administrative sentencing of his client, Huang Wei of 
Shijiazhuang, Hebei Province, who was released in 2002 from a 3-year 
reeducation sentence for Falun Gong activities. On April 13, Huang was 
detained again, his home was searched, and a security official signed 
Huang's name on a confession, according to the open letter. Huang was 
sentenced on June 3 to three more years of reeducation in connection 
with Falun Gong. When Huang tried to sue the Government in protest, his 
attorney was denied permission to see his client. According to the 
letter, court and prison authorities told the attorney that only the 
``610 Office'' of the Ministry of Justice could address Falun Gong 
matters. In the process, the letter described how judges explained that 
courts are under strict orders not to accept Falun Gong cases and that, 
in such cases, the courts do not follow normal pretrial procedures. The 
attorney's letter concluded that such treatment of accused Falun Gong 
adherents was unlawful.
    The campaign against separatism in Xinjiang specifically targeted 
the ``three evils'' of extremism, splittism, and terrorism as the major 
threats to Xinjiang's social stability. Because authorities in Xinjiang 
regularly failed to distinguish carefully among those involved in 
peaceful activities in support of independence, ``illegal'' religious 
activities, and violent terrorism, it was often difficult to determine 
whether particular raids, detentions, arrests, or judicial punishments 
targeted those seeking to worship, those peacefully seeking political 
goals, or those engaged in violence (see Section 5).

    e. Denial of Fair Public Trial.--The Constitution states that the 
courts shall, in accordance with the law, exercise judicial power 
independently, without interference from administrative organs, social 
organizations, and individuals. However, in practice, the judiciary was 
not independent. It received policy guidance from both the Government 
and the Party, whose leaders used a variety of means to direct courts 
on verdicts and sentences, particularly in politically sensitive cases. 
At both the central and local levels, the Government frequently 
interfered in the judicial system and dictated court decisions. Trial 
judges decide individual cases under the direction of the trial 
committee in each court. In addition, the Communist Party's Law and 
Politics Committee, which includes representatives of the police, 
security, procuratorate, and courts, has authority to review and 
influence court operations at all levels of the judiciary; the 
Committee, in some cases, altered decisions. People's Congresses also 
had authority to alter court decisions, but this happened rarely. 
Corruption and conflicts of interest also affected judicial decision-
making. Judges were appointed by the People's Congresses at the 
corresponding level of the judicial structure and received their court 
finances and salaries from those government bodies. This sometimes 
resulted in local authorities exerting undue influence over the judges 
they appointed and financed.
    The Supreme People's Court (SPC) is the highest court, followed in 
descending order by the higher, intermediate, and basic people's 
courts. These courts handle criminal, civil, and administrative cases, 
including appeals of decisions by police and security officials to use 
reeducation through labor and other forms of administrative detention. 
There were special courts for handling military, maritime, and railway 
transport cases.
    Corruption and inefficiency were serious problems in the judiciary 
as in other areas (see Section 3). Safeguards against corruption were 
vague and poorly enforced.
    In recent years, the Government has taken steps to address systemic 
weaknesses in the judicial system and to make the system more 
transparent and accountable to public scrutiny. In 2003, the SPP 
prosecuted 9,720 officials involved in investigating, prosecuting, or 
adjudicating criminal cases. In its March report to the National 
People's Congress (NPC), the SPC reported that 794 judges were 
investigated for corruption in 2003, and 52 faced criminal prosecution. 
SPC regulations require all trials to be open to the public, with 
certain exceptions, such as cases involving state secrets, privacy, and 
minors. The legal exception for cases involving state secrets was used 
to keep politically sensitive proceedings closed to the public and even 
to family members in some cases. Under the regulations, ``foreigners 
with valid identification'' are to be allowed the same access to trials 
as citizens. As in past years, foreign diplomats and journalists sought 
permission to attend a number of trials only to have court officials 
reclassify them as ``state secrets'' cases, thus closing them to the 
public. Some trials were broadcast, and court proceedings were a 
regular television feature. A few courts published their verdicts on 
the Internet.
    Citizens continued to use the court system to seek legal redress 
against government malfeasance. According to official statistics, 
110,199 administrative lawsuits were filed against the Government in 
2002, slightly fewer than in the previous year. Administrative actions 
were affirmed 18 percent of the time, transferred 23 percent of the 
time, and dismissed or rejected 59 percent of the time, according to 
those 2002 statistics. Decisions of any kind in favor of dissidents 
remained rare.
    Court officials continued efforts to enable the poor to afford 
litigation by exempting, reducing, or postponing court fees. During the 
year, new regulations went into effect requiring law firms and private 
attorneys to provide some legal aid. Criminal and administrative cases 
remained eligible for legal aid, although the vast majority of 
defendants still went to trial without a lawyer. During the year, 
courts waived over $128 million (RMB 1.057 billion) in litigation 
costs. Legal aid to migrant workers accounted for 137,656 cases; in 
most cases, migrant workers sued for unpaid wages. State media claimed 
that the number of attorneys in the country increased to 102,000, but 
the supply of legal aid attorneys remained inadequate to meet demand. 
For example, the number of registered legal aid attorneys in Guangdong 
Province dropped 25 percent in 2003, and no legal aid agency existed in 
45 counties in Guangxi Province. Nonattorney legal advisors and 
government employees provided the only legal aid options in many areas.
    During the year, the conviction rate in criminal cases remained 
over 95 percent. In 2003, 730,355 of the 747,096 persons (97.7 percent) 
whose criminal cases were resolved at trial were found guilty and 
received criminal punishment. Of this number 158,562 (21.2 percent) 
were sentenced to terms of imprisonment of 5 years or greater. In 
practice, criminal defendants often were not assigned an attorney until 
a case was brought to court. In many politically sensitive trials, 
which rarely lasted more than several hours, the courts handed down 
guilty verdicts immediately following proceedings. Defendants who 
refused to acknowledge guilt often received harsher sentences than 
those who confessed. There was an appeals process, but appeals rarely 
resulted in reversals.
    Police and prosecutorial officials often ignored the due process 
provisions of the law and of the Constitution. The lack of due process 
was particularly egregious in death penalty cases. There were over 60 
capital offenses, including nonviolent financial crimes such as 
counterfeiting currency, embezzlement, and corruption. Executions were 
often carried out on the date of conviction (see Section 1.a.). The SPC 
reported that, in 2003, it reviewed 300 serious criminal cases, 
including capital cases, and affirmed 182 of them. Tibetan Lobsang 
Dondrub was executed in January 2003 for his alleged connection to a 
series of bombings in 2002. His execution occurred despite government 
assurances that he would be afforded full due process and that the 
national-level Supreme People's Court would review his sentence (see 
Tibet Addendum). The Government regarded the number of death sentences 
it carried out as a state secret. Minors and pregnant women were 
expressly exempt from the death sentence, although AI reported that a 
few criminals who were under age 18 at the time they committed an 
offense were executed as a result of courts' failure properly to 
determine their age. On March 8, Gao Pan was allegedly executed for a 
murder committed in August 2001, when he was not yet 18 years old.
    The Criminal Procedure Law falls short of international standards 
in many respects. For example, it has insufficient safeguards against 
the use of evidence gathered through illegal means, such as torture, 
and it does not prevent extended pre- and posttrial detention (see 
Sections 1.c. and 1.d.). Appeals processes failed to provide sufficient 
avenue for review, and there were inadequate remedies for violations of 
defendants' rights. Furthermore, under the law, there is no right to 
remain silent, no protection against double jeopardy, and no law 
governing the type of evidence that may be introduced. The mechanism 
that allows defendants to confront their accusers was inadequate; 
according to one expert, only 1 to 5 percent of trials involved 
witnesses. Accordingly, most criminal ``trials'' consisted of the 
procurator reading statements of witnesses whom neither the defendant 
nor his lawyer ever had an opportunity to question. Defense attorneys 
have no authority to compel witnesses to testify. Anecdotal evidence 
indicated that implementation of the Criminal Procedure Law remained 
uneven and far from complete, particularly in politically sensitive 
cases.
    The Criminal Procedure Law gives most suspects the right to seek 
legal counsel shortly after their initial detention and interrogation; 
however, police often used loopholes in the law to circumvent 
defendants' right to seek counsel. Defendants in politically sensitive 
cases frequently found it difficult to find an attorney. In some 
sensitive cases, lawyers had no pretrial access to their clients, and 
defendants and lawyers were not allowed to speak during trials. Even in 
nonsensitive trials, criminal defense lawyers frequently had little 
access to their clients or to evidence to be presented during the 
trial. Defendants in only one of every seven criminal cases had legal 
representation, according to credible reports citing internal 
government statistics. Government-employed lawyers often were reluctant 
to represent defendants in politically sensitive cases. The percentage 
of lawyers in the criminal bar reportedly declined from 3 percent in 
1997 to 1 percent in 2001.
    Defense attorneys rarely entered not guilty pleas on behalf of 
their clients, choosing instead to argue only for mitigation of the 
sentence. In June, a Hubei Intermediate Court scheduled the trial of 
Internet dissident Du Daobin on less than a week's notice, in part to 
prevent Du's Beijing-based defense counsel from appearing in court and 
presenting a not guilty plea. The local attorney who defended Du 
declined to submit a not guilty plea, citing fear of pressure by local 
authorities.
    Some lawyers who tried to defend their clients aggressively 
continued to face serious intimidation and abuse by police and 
prosecutors, and some were detained. According to Article 306 of the 
Criminal Law, defense attorneys could be held responsible if their 
clients commit perjury, and prosecutors and judges in such cases have 
wide discretion in determining what constitutes perjury. In May, 
prominent Beijing defense attorney Zhang Jianzhong was released after 
serving a 2-year sentence under Article 306. Chinese legal scholars 
claimed he was singled out for being too effective at representing 
criminal defendants, and approximately 600 lawyers signed a petition 
demanding that Zhang be found not guilty. According to the All-China 
Lawyers Association, since 1997 more than 400 defense attorneys have 
been detained on similar charges, and such cases continued during the 
year.
    During the year, Chinese and foreign lawyers, law professors, legal 
journals, and jurists held seminars and publicly debated systemic legal 
reform. Among the suggested reforms were the introduction of a more 
transparent system of discovery, the abolition of coerced confessions, 
abolition of all forms of administrative detention, a legal presumption 
of innocence, an independent judiciary, improved administrative laws, 
restriction on use of the death penalty, reform of the media's 
interaction with the court system, and adoption of a plea bargaining 
system.
    Government officials continued to deny holding any political 
prisoners, asserting that authorities detained persons not for their 
political or religious views, but because they violated the law; 
however, the authorities continued to confine citizens for reasons 
related to politics and religion. Tens of thousands of political 
prisoners remained incarcerated, some in prisons and others in labor 
camps. The Government did not grant international humanitarian 
organizations access to political prisoners.
    Western NGOs estimated that approximately 500 to 600 persons 
remained in prison for the repealed crime of ``counterrevolution,'' and 
thousands of others were serving sentences under the State Security 
Law, which Chinese authorities stated covers crimes similar to 
counterrevolution. Persons detained for counterrevolutionary offenses 
included labor activist Hu Shigen; writer Chen Yanbin; Inner Mongolian 
activist Hada; and dissidents Yu Dongyue, Zhang Jingsheng, and Sun 
Xiongying. Foreign governments urged the Government to review the cases 
of those charged before 1997 with counterrevolution and to release 
those who had been jailed for nonviolent offenses under the old 
statute. During the year, the Government held expert-level discussions 
with foreign officials on conducting such a review, but no formal 
review was initiated. However, a number of ``counterrevolutionary'' 
prisoners were released during the year, some after receiving sentence 
reductions, including Liu Jingsheng in November and Chen Gang in April.
    Amnesty International has identified more than 80 persons by name 
who remained imprisoned or on medical parole for their participation in 
the 1989 Tiananmen demonstrations; other NGOs estimated that as many as 
250 persons remained in prison for political activities connected to 
the 1989 Tiananmen demonstrations.
    The authorities granted early release from prison to Tibetan nun 
Phuntsog Nyidrol in February and CDP co-founder Wang Youcai in March. 
In March, Uighur businesswoman Rebiya Kadeer received a 1-year sentence 
reduction on her 8-year sentence for supplying state secrets to 
foreigners, but she was scheduled to remain in prison until August 
2006. Many others, including Internet activists Xu Wei, Yang Zili, and 
Huang Qi; journalists Zhao Yan and Jiang Weiping; labor activists Yao 
Fuxin and Xiao Yunliang; Catholic Bishop Su Zhimin; Christian activists 
Zhang Rongliang, Zhang Yinan, Liu Fenggang, and Xu Yonghai; Tibetans 
Jigme Gyatso, Tenzin Deleg, and Gendun Choekyi Nyima; Uighur writer 
Tohti Tunyaz; CDP co-founder Qin Yongmin; and political dissident Yang 
Jianli remained imprisoned or under other forms of detention during the 
year. Political prisoners generally benefited from parole and sentence 
reduction at significantly lower rates than ordinary prisoners.
    Criminal punishments could include ``deprivation of political 
rights'' for a fixed period after release from prison, during which the 
individual is denied the limited rights of free speech and association 
granted to other citizens. Former prisoners also sometimes found their 
status in society, ability to find employment, freedom to travel, and 
access to residence permits and social services severely restricted. 
Former political prisoners and their families frequently were subjected 
to police surveillance, telephone wiretaps, searches, and other forms 
of harassment, and some encountered difficulty in obtaining or keeping 
employment and housing.
    Officials confirmed that executed prisoners were among the sources 
of organs for transplant. Transplant doctors stated publicly in 
September 2003 that ``the main source [of organ donations] is voluntary 
donations from condemned prisoners,'' but serious questions remained 
concerning whether meaningful or voluntary consent from the prisoners 
or their relatives was obtained. There was no national law governing 
organ donations, but a draft law was under consideration during the 
year. A Ministry of Health directive explicitly states that buying and 
selling human organs and tissues is not allowed. In 2003, the first 
local law regulating organ donation was passed in Shenzhen, prohibiting 
the sale or trade of human organs. The impact of this law in practice 
remained unclear. As of year's end, there were no reports of other 
localities passing a similar law. There were no reliable statistics on 
how many organ transplants occurred using organs from executed 
prisoners.

    f. Arbitrary Interference With Privacy, Family, Home, 
Correspondence.--The Constitution states that the ``freedom and privacy 
of correspondence of citizens are protected by law''; however, the 
authorities often did not respect the privacy of citizens in practice. 
Although the law requires warrants before law enforcement officials can 
search premises, this provision frequently was ignored; moreover, the 
Public Security Bureau and the Procuratorate could issue search 
warrants on their own authority. Cases of forced entry by police 
officers continued to be reported.
    During the year, authorities monitored telephone conversations, 
facsimile transmissions, e-mail, text-messaging, and Internet 
communications. Authorities also opened and censored domestic and 
international mail. The security services routinely monitored and 
entered residences and offices to gain access to computers, telephones, 
and fax machines. All major hotels had a sizable internal security 
presence, and hotel guestrooms were sometimes bugged and searched for 
sensitive or proprietary materials.
    Some dissidents were under heavy surveillance and routinely had 
their telephone calls monitored or telephone service disrupted. The 
authorities frequently warned some dissidents and activists not to meet 
with foreigners. During the year, police in Beijing ordered several 
dissidents not to meet with Western journalists or foreign diplomats, 
especially before sensitive anniversaries, at the time of important 
Government or Party meetings, and during the visits of high-level 
foreign officials. These events also sparked greater surveillance, 
short-term detention, and harassment of dissidents. The authorities 
also confiscated money sent from abroad that was intended to help 
dissidents and their families.
    Security personnel monitored and harrassed relatives of prominent 
dissidents, particularly during sensitive periods. For example, 
security personnel followed the family members of political prisoners 
to meetings with Western reporters and diplomats. Dissidents and their 
family members routinely were warned not to speak with the foreign 
press. Police sometimes detained the relatives of dissidents.
    Official poverty alleviation programs and major state projects have 
included forced relocation of persons to new residences. The Government 
estimated that at least 1.2 million persons have been relocated for the 
Three Gorges Dam project on the Yangtze River.
    Forced relocation because of urban development continued and, in 
some locations, increased during the year. Protests, some of which 
included thousands of participants, over relocation terms or 
compensation were common, and some protest leaders were prosecuted 
during the year (see Sections 2.b. and 3). Some evictions in Beijing 
were linked to construction for the 2008 Olympics.
    In urban areas, many persons historically depended on government-
linked work units for housing, healthcare, and other aspects of 
ordinary life. With the increase in market activities and private 
business, these benefits have changed so that newer employees at some 
government-linked work units no longer enjoy all of these benefits. For 
example, most work units now provide housing subsidies to employees, 
instead of directly alloting housing. Similarly, the work unit and the 
neighborhood committee have become less important as means of social 
and political control. Government interference in daily personal and 
family life continued to decline for most citizens. For example, work 
unit permission is no longer required before obtaining a divorce.
    Under the country's family planning law and policies, citizens in 6 
of the country's 31 provinces still were required to apply for 
government permission before having a first child, and the Government 
continued to restrict the number of births. Penalties for out-of-plan 
births still included social compensation fees and other coercive 
measures.
    The Population and Family Planning Law, the country's first formal 
law on the subject, entered into force in 2002. The National Population 
and Family Planning Commission (NPFPC) enforces the law and formulates 
and implements policies with assistance from the China Family Planning 
Association, which had 1 million branches nationwide. The law is 
intended to standardize the implementation of the Government's birth 
limitation policies; however, enforcement continued to vary from place 
to place. The law grants married couples the right to have one child 
and allows eligible couples to apply for permission to have a second 
child if they meet conditions stipulated in local and provincial 
regulations. Many provincial regulations require women to wait 4 years 
or more after their first birth before making such an application. 
According to the U.N. Population Fund (UNFPA), the spacing requirement 
was removed in 5 and relaxed in 10 of the 30 counties across 30 
provinces participating in UNFPA's ``Country Program V.'' The NPFPC 
reported that the spacing requirement was removed in the provincial 
regulations of Hainan, Jilin, and Shanghai, and UNFPA reported that the 
requirement was relaxed by 15 other provincial-level governments.
    The law requires counties to use specific measures to limit the 
total number of births in each county. Both the Constitution and the 
family planning law further require couples to employ birth control 
measures. According to a September 2002 U.N. survey, the percentage of 
women who select their own birth control method grew from 53 percent in 
1998 to 83 percent in UNFPA-assisted counties in 2000. The law requires 
couples who have an unapproved child to pay a ``social compensation 
fee,'' which sometimes reached 10 times a person's annual income, and 
grants preferential treatment to couples who abide by the birth limits. 
Officials often strongly encouraged women with multiple children to 
undergo sterilization, such as tubal ligation, according to multiple 
reports. Although the law states that officials should not violate 
citizens' rights, neither those rights nor the penalties for violating 
them are defined. The law provides significant and detailed sanctions 
for officials who help persons evade the birth limitations.
    The law delegates to the provinces the responsibility for drafting 
implementing regulations, including establishing a scale for assessment 
of social compensation fees. The National Population and Family 
Planning Law requires family planning officials to obtain court 
approval for taking ``forcible'' action, such as confiscation of 
property, against families that refuse to pay social compensation fees.
    The one-child limit was more strictly applied in the cities, where 
only couples meeting certain conditions (e.g., both parents are only 
children) were permitted to have a second child. In most rural areas 
(including towns of under 200,000 persons), where approximately two-
thirds of citizens lived, the policy was more relaxed, generally 
allowing couples to have a second child if the first was a girl or 
disabled. Local officials, caught between pressures from superiors to 
show declining birth rates, and from local citizens to allow them to 
have more than one child, frequently made false reports. Ethnic 
minorities, such as Muslim Uighurs and Tibetans, were subject to much 
less stringent population controls (see Tibet Addendum). In remote 
areas, limits often were not enforced, except on government employees 
and Party members.
    The 2000 census enumerated the fertility rate at 1.3 births per 
woman, but later the Government adjusted the figure upward to 1.8 
births per woman. According to the U.N., the fertility rate does not 
exceed 1.7. According to Chinese census authorities, the yearly growth 
rate of the population is 0.7 percent per year. Media reports indicated 
that some parts of the country had zero or even negative population 
growth, while the growth rate continued to increase elsewhere.
    Authorities continued to reduce the use of targets and quotas. 
Authorities who still used the target and quota system required each 
eligible married couple to obtain government permission before the 
woman became pregnant. In some counties, only a limited number of such 
permits were made available each year, so couples who did not receive a 
permit were required to wait at least a year before obtaining 
permission. Counties that did not employ targets and quotas allowed 
married women to have a first child without prior permission. UNFPA 
research showed, and the NPFPC confirmed, that 25 of China's 31 
provincial-level governments had done away with the requirement for 
birth permits before conceiving a first child, the principal mechanism 
for enforcing targets and quotas. Some targets remained, such as in 
Liaoning Province which continues to set provincial targets in its 5-
year plan, despite having abolished birth permits four years ago and 
having eliminated target-setting at the city, county and township 
levels. UNFPA reports that only Fujian, Henan, Jiangxi, and Yunnan 
Provinces and the Xinjiang Uighur Autonomous Region still required 
birth permits.
    The country's population control policy relied on education, 
propaganda, and economic incentives, as well as on more coercive 
measures such as the threat of job loss or demotion and social 
compensation fees. Psychological and economic pressure were very 
common; during unauthorized pregnancies, women sometimes were visited 
by birth planning workers who used threats, including that of social 
compensation fees, to pressure women to terminate their pregnancies. 
The fees were assessed at widely varying levels and were generally 
extremely high. According to provincial regulations, the fees ranged 
from one-half to 10 times the average worker's annual disposable 
income. Local officials have authority to adjust the fees downward and 
did so in many cases. Additional disciplinary measures against those 
who violated the child limit policy by having an unapproved child or 
helping another to do so included job loss or demotion, loss of 
promotion opportunity, expulsion from the Party (membership in which 
was an unofficial requirement for certain jobs), and other 
administrative punishments, including, in some cases, the destruction 
of property. In the cases of families that already had two children, 
one parent was often pressured to undergo sterilization, according to 
reliable reports. These penalties sometimes left women little practical 
choice but to undergo abortion or sterilization. Rewards for couples 
who adhered to birth limitation laws and policies included monthly 
stipends and preferential medical and educational benefits. During the 
year, the NPFPC began a number of programs to encourage smaller 
families. For example, new pension benefits were made available for 
those who adhered to birth limitation laws.
    Seven provinces--Anhui, Hebei, Heilongjiang, Hubei, Hunan, Jilin, 
and Ningxia--require ``termination of pregnancy'' if the pregnancy 
violates provincial family planning regulations. An additional 10 
provinces--Fujian, Guizhou, Guangdong, Gansu, Jiangxi, Qinghai, Sichuan 
Shanxi, Shannxi, and Yunnan--require unspecified ``remedial measures'' 
to deal with out-of-plan pregnancies. Article 33 of the 2002 law states 
that family planning bureaus will conduct pregnancy tests and follow-up 
on married women. Some provincial regulations provide for fines if 
women do not undergo periodic pregnancy tests. For example, in Hebei 
the range was $24 to $60 (RMB 200 to 500), and in Henan it was $6 to 
$60 (RMB 50 to 500).
    At the same time, because of economic development and other 
factors, such as limited housing size, both parents working full-time, 
and high education expenses, couples in major urban centers often 
voluntarily limited their families to one child.
    The Population and Family Planning Law delegates to the provinces 
the responsibility for implementing appropriate regulations to enforce 
the law. By year's end, all provincial-level governments except the TAR 
had amended their regulations to conform with the new law. Anhui 
Province, for example, passed a law permitting 13 categories of 
couples, including coal miners, some remarried divorcees, and some farm 
couples, to have a second child. The law does not require such 
amendments, however, unless existing regulations conflict with it. 
Existing regulations requiring sterilization in certain cases are not 
contradicted by the new law, which says simply that compliance with the 
birth limits should ``mainly'' be achieved through the use of 
contraception.
    Central Government policy formally prohibits the use of physical 
coercion to compel persons to submit to abortion or sterilization. 
Because it is illegal, the use of physical coercion was difficult to 
document. A few cases were reported during the year. In June, officials 
in Jieshou City, Anhui Province, forced a woman to be sterilized, and 
state media reported that the woman was injured when she jumped out of 
a window in the operating room in an attempt to avoid the procedure. In 
the same city, another woman committed suicide when her relatives were 
detained in population schools, facilities designed to provide 
reeducation to those who violate family planning guidelines. The use of 
population schools as detention centers was condemned by Central 
Government officials. According to state-media reports, the local 
officials responsible for the detentions were fired or sanctioned 
administratively. In response, NPFPC officials ordered an 
investigation, sent a letter to each province condemning the actions in 
Anhui Province, and called on all provincial-level family planning 
officials to focus on ``implementing the rule of law.'' Earlier in the 
year, media reports noted that a drug offender in Gansu Province was 
forced to have an abortion before her trial on charges punishable by 
the death sentence.
    Senior officials stated repeatedly that the Government ``made it a 
principle to ban coercion at any level,'' and the NPFPC has issued 
circulars nationwide prohibiting birth planning officials from coercing 
women to undergo abortions or sterilization. However, the Government 
does not consider social compensation fees and other administrative 
punishments to be coercive. Under the State Compensation Law, citizens 
also may sue officials who exceed their authority in implementing birth 
planning policy, and, in a few instances, individuals have exercised 
this right. The NPFPC has set up a hotline for use by UNFPA project 
county residents to lodge complaints against local officials.
    Corruption related to social compensation fees reportedly decreased 
after the 2002 passage of State Council Decree 357, which established 
that collected ``social compensation fees'' must be submitted directly 
to the National Treasury rather than retained by local birth planning 
authorities. NPFPC officials reported in 2002 that they responded to 
more than 10,000 complaints against local officials.
    In order to delay childbearing, the Marriage Law sets the minimum 
marriage age for women at 20 years and for men at 22 years. It 
continued to be illegal in almost all provinces for a single woman to 
bear a child, and social compensation fees have been levied on unwed 
mothers. The Government stated that the practice of levying social 
compensation fees for ``pre-marriage'' births was abolished on an 
experimental basis in some counties during the year and was relaxed in 
cases where couples promptly registered their marriages. In 2002, Jilin 
Province passed a law making it legal, within the limits of the birth 
limitation law, for an unmarried woman who ``intends to remain single 
for life'' to have a child.
    Laws and regulations forbid the termination of pregnancies based on 
the sex of the fetus, but because of the intersection of birth 
limitations with the traditional preference for male children, 
particularly in rural areas, many families used ultrasound technology 
to identify female fetuses and terminate these pregnancies (see Section 
5). The use of ultrasound for this purpose is prohibited specifically 
by the Population Law and by the Maternal and Child Health Care Law, 
both of which mandate punishment of medical practitioners who violate 
the provision. According to the NPFPC, few doctors have been charged 
under these laws. The most recent official figures, from November 2000, 
put the overall male to female sex ratio at birth at 116.9 to 100 (as 
compared to the statistical norm of 106 to 100), and, in some parts of 
the country, the ratio was even more skewed. For second births, the 
national ratio was 151.9 to 100. Several localities experimented with 
new measures to address the sex ratio imbalance. These included 
restricting promotions for officials in extremely unbalanced areas of 
Shaanxi Province and limiting abortions after 14 weeks for pregnancies 
that were authorized by a birth or family planning permit in Guiyang. 
During the year, the NPFPC launched a ``Care for the Girl Child'' 
initiative in 11 pilot counties to raise awareness of the sex ratio 
imbalance and to improve protection of the rights of girls.
    In 2003, a new Marriage Law abolished a requirement that couples 
have premarital examinations to determine if they were at risk for 
passing on debilitating genetic diseases. In addressing the risk of 
genetic disease, the Maternal and Child Health Care Law continued to 
recommend abortion or sterilization in some cases. In practice, 
however, most regions of the country still did not have the medical 
capacity to determine accurately the likelihood of passing on 
debilitating genetic diseases.
    Lack of informed consent was a general problem in the practice of 
medicine throughout the country.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The Constitution states that 
freedom of speech and freedom of the press are fundamental rights to be 
enjoyed by all citizens; however, the Government tightly restricted 
these rights in practice. The Government interpreted the Party's 
``leading role,'' as mandated in the preamble to the Constitution, as 
circumscribing these rights. The Government continued to threaten, 
arrest, and imprison many individuals for exercising free speech. A 
wave of detentions late in the year appeared to signal a new campaign 
against writers. Internet essayists in particular were targeted. The 
Government strictly regulated the establishment and management of 
publications. The Government did not permit citizens to publish or 
broadcast criticisms of senior leaders or opinions that directly 
challenged Communist Party rule. The Party and Government continued to 
control print, broadcast, and electronic media tightly and used them to 
propagate Government views and Party ideology. All media employees were 
under explicit, public orders to follow CCP directives and ``guide 
public opinion,'' as directed by political authorities. Formal and 
informal guidelines continued to require journalists to avoid coverage 
of many politically sensitive topics. These public orders, guidelines, 
and statutes greatly restricted the freedom of broadcast journalists 
and newspapers to report the news and led to a high degree of self-
censorship. The Government continued an intense propaganda campaign 
against the Falun Gong.
    Journalists who reported on topics that met with the Government's 
or local authorities' disapproval continued to suffer harassment, 
detention, and imprisonment. In January, the chief editor and six staff 
members of Guangdong Province's Southern Metropolitan Daily newspaper 
were detained for alleged economic crimes. Three of the editors were 
prosecuted in March on corruption charges that many observers viewed as 
retaliation for the newspaper's muckraking coverage of stories such as 
the emergence of SARS in 2003, its brief recurrence in 2004, and the 
2003 beating death of college graduate Sun Zhigang in a custody and 
repatriation camp (see Section 1.c). The news group's general manager 
Yu Huafeng was sentenced to 12 years inprisonment for embezzlement, and 
former editor Li Minying received an 11-year sentence for taking 
bribes. In June, their sentences were reduced on appeal to 8 and 6 
years, respectively. Current editor-in-chief Cheng Yizhong was released 
in August after charges against him were dropped. In September, New 
York Times employee Zhao Yan was detained and later formally charged 
with leaking state secrets shortly after the newspaper published an 
article correctly predicting the resignation of Jiang Zemin as chairman 
of the Central Military Commission. The newspaper denied that Zhao had 
any involvement with the story, and prosecutors did not disclose the 
basis for the charges, citing state secrets laws. Zhao Yan had 
previously published several articles on rural protests for China 
Reform magazine. Another farmers' advocate who had also worked with 
Zhao Yan, Li Boguang, was detained December 14. In addition, Liaoning 
Province anti-corruption reporter Jiang Weiping remained jailed, as did 
Sichuan local official Li Zhi, who was convicted in 2003 of 
``subverting state power'' after writing on the Internet to expose 
official corruption. The Committee to Protect Journalists again 
assessed China as ``the world's leading jailer of journalists,'' with 
43 journalists imprisoned at year's end.
    A wave of detentions late in the year appeared to signal a new 
campaign targeting writers, political commentators, and academics. In 
November, Li Guozhu was detained for passing to foreign journalists 
information and photographs about ethnic violence in Henan Province 
(see Section 5). On November 24, Hunan Province journalist Shi Tao was 
detained under suspicion of leaking state secrets. On December 13, 
organizers of the independent PEN Center, which defends writers' 
freedoms, were detained and later released. Those detained included Yu 
Jie, Liu Xiaobo, and Zhang Zuhua. They had previously published 
articles in defense of Shi Tao and held an awards ceremony honoring the 
author of a banned book on the 1950s. Editor Wang Guangze of the 21st 
Century Business Herald was dismissed from his job, editor Chen Min of 
China Reform magazine was temporarily detained, and the New Weekly 
newspaper in Wuhan was ordered closed during this period. The week of 
December 6, People's Daily twice published editorials urging 
authorities to silence speech that provokes trouble and to provide 
greater control over the Internet.
    In addition to criminal prosecution of writers, some government 
officials used civil lawsuits to block controversial writings. In 
August, the Fuyang Intermediate People's Court in Anhui Province heard 
a libel action against authors Chen Guidi and Wu Chuntao over their 
book ``China Peasant Survey'' (Nongmin Diaocha). The book, which was a 
best-seller until it was banned from further distribution in the 
spring, describes abuse and extortion of farmers by officials. One 
official named in the book, former Linquan County Communist Party 
secretary Zhang Xide, sued the authors and publishing house for libel. 
Scholars and attorneys stated that the lawsuit and high damages sought 
of approximately $25,000 (RMB 200,000) were intended to intimidate the 
publisher and inhibit criticism.
    Newspapers could not report on corruption without government and 
party approval, and publishers published such material at their own 
risk. During the year, journalists and editors who exposed corruption 
scandals frequently faced problems with the authorities, and the 
Government continued to close publications and punish journalists for 
printing material deemed too sensitive. The State Press and Publication 
Administration ordered the influential bimonthly journal ``Strategy and 
Management'' closed indefinitely during the year, although the 
Government claimed that business reasons, not editorial ones, were 
behind the closure.
    In August, authorities detained and deported two foreign 
individuals and two journalists for displaying a banner in Beijing 
reading ``No Olympics for China until Tibet is Free.''
    Some citizens continued to speak out and publish on controversial 
topics, despite the Government's restrictions on freedom of speech and 
the press. For example, scholar Cao Siyuan, who convened a symposium on 
constitutionalism, freedom of speech, and direct elections in 2003 that 
attracted government attention, continued to publish but remained under 
surveillance by authorities. Huang Jingao, Party Secretary of Lianjiang 
County, Fujian Province, wrote an open letter critical of endemic 
corruption that was published on websites and in the People's Daily in 
August. Following the publication of the letter, he was sanctioned, and 
his duties were restricted by party officials in Fujian.
    The scope of permissible private speech continued to expand. 
Controversial political topics could be discussed privately and in 
small groups without punishment, so long as the speaker did not publish 
controversial views or disseminate them to overseas audiences.
    Censorship related to health issues continued. In early 2003, 
Government censorship of news concerning SARS was largely responsible 
for slowing the public health response to the disease. But after May 
2003, when the Government publicly acknowledged the spread of the 
disease, the Government permitted greater reporting about SARS and 
other infectious diseases. As a result of lessons learned during the 
SARS epidemic, the Shanghai Municipal Government named its first public 
spokesperson. Nonetheless, in January, when Guangdong Province's 
Southern Metropolitan Daily newspaper reported on the reemergence of 
SARS cases, an editor and six journalists working for the newspaper 
were temporarily detained. Three of them later faced criminal 
corruption charges. Also, Dr. Jiang Yanyong, who exposed the spread of 
SARS in Beijing in April 2003, was detained for 45 days in June and 
July. Dr. Jiang's detention likely was a response to his open letter on 
the 1989 Tiananmen massacre (see Section 1.d.), rather than a direct 
reaction to his writings about SARS. Government restrictions on the 
press and the free flow of information also affected accurate reporting 
on HIV/AIDS. Those seeking to bring attention to the plight of AIDS 
orphans in Henan Province faced continued pressure to remain silent and 
were warned against speaking to journalists. However, in April, Vice 
Premier Wu Yi stated that the Government ``would strictly investigate 
and affix responsibility'' for those who hide, delay, or fail to report 
HIV/AIDS. In August, concerns were raised that the country failed to 
report outbreaks of avian influenza in poultry. Reporting on outbreaks 
of the disease in bird and animal populations was inconsistent, but 
there were no reports that media coverage of the outbreak was 
suppressed.
    In 2003, the Government ended the practice of requiring government 
work units to subscribe to official newspapers, forcing many official 
newspapers to compete for readership or face insolvency. As a result, 
677 newspapers were closed between September 2003 and March 2004. 
Journalists noted that the pressure to expand circulation sometimes 
conflicted with state control and censorship dictates because one way 
to expand readership was to provide accurate reporting about 
controversial topics.
    There were a few privately owned print publications, but they were 
subject to pre- and post-publication censorship. There were no 
privately owned television or radio stations, and the Government had 
authority to approve all programming, although it occasionally did not 
preview all programs.
    The publishing industry consists of three kinds of book businesses: 
Approximately 560 government-sanctioned publishing houses, smaller 
independent publishers that cooperated with official publishing houses 
to put out more daring publications, and an underground (illicit) 
press. Government-approved publishing houses were the only 
organizations legally permitted to print books. No newspaper, 
periodical, book, audio, video, or electronic publication may be 
printed or distributed without the printer and distributor being 
approved by the relevant provincial publishing authorities and the 
State Press and Publications Administration (PPA). The Communist Party 
exerted control over the publishing industry by preemptively 
classifying certain topics as off-limits; selectively rewarding with 
promotions and perks those publishers, editors, and writers who adhered 
to Party guidelines; and punishing those who did not adhere to Party 
guidelines with administrative sanctions and blacklisting. Some 
independent publishers took advantage of a loophole in the law to sign 
contracts with government publishing houses to publish politically 
sensitive works. These works generally were not subject to the same 
multi-layered review process as official publications of the publishing 
houses.
    Underground printing houses have been targets of periodic campaigns 
to stop all illegal publications (including pornography and pirated 
computer software and audiovisual products). These campaigns sometimes 
had the effect of restricting the availability of politically sensitive 
books.
    Many intellectuals and scholars, anticipating that books or papers 
on political topics would be deemed too sensitive to be published, 
exercised self-censorship. Overt intervention by the PPA, responsible 
for all printing and distribution in the country, and by the Party 
Central Propaganda Department, which provides editorial guidelines for 
all media, mostly occurred after publication. In areas such as economic 
policy or legal reform, there was far greater official tolerance for 
comment and debate. Criticism of Central Government authorities 
continued to remain largely off-limits.
    Among books banned during the year were ``China Peasant Survey,'' 
and ``The Past Does Not Go Up In Smoke,'' a collection of essays 
dealing with the effect of political tumult in the 1950s and 1960s on 
the lives of prominent Chinese intellectuals. In January, authorities 
issued regulations restricting publication of books on constitutional 
reform to three official publishing houses. In 2002, the Department of 
Cultural Affairs in Urumqi, Xinjiang, ordered the destruction of 
thousands of books on Uighur history and culture. The books detailing 
and documenting Uighur history originally had been published with the 
approval of the authorities.
    The authorities continued to jam, with varying degrees of success, 
Chinese-, Uighur-, and Tibetan-language broadcasts of the Voice of 
America (VOA), Radio Free Asia (RFA) and the British Broadcasting 
Corporation (BBC). English-language broadcasts on VOA generally were 
not jammed, unless they immediately followed Chinese-language 
broadcasts, in which case portions of the English-language broadcasts 
were sometimes jammed. Government jamming of RFA and BBC appeared to be 
more frequent and effective. Internet distribution of ``streaming 
radio'' news from these sources often was blocked. Despite jamming, in 
the absence of an independent press, overseas broadcasts such as VOA, 
BBC, RFA, and Radio France International had a large audience, 
including activists, ordinary citizens, and even government officials.
    The Government prohibited some foreign and domestic films from 
appearing in the country. Television broadcasts of foreign programming, 
which were restricted largely to hotel and foreign residence compounds, 
also suffered from occasional censorship of topics including sensitive 
political issues. In southern China, where television programming from 
Hong Kong was available, ``public service announcements'' frequently 
interrupted news items critical of the Government.
    The Government continued to encourage expanded use of the Internet; 
however, it also took steps to increase monitoring of the Internet and 
continued to place restrictions on the information available. Over 80 
million persons regularly used the Internet, including those in urban 
and rural areas, according to surveys conducted during the year. In 
July, the Government began implementing new measures to monitor and 
filter text-messaging. The measures were designed to control for 
politically sensitive content and to stop the spread of pornography.
    The country's Internet control system employed more than 30,000 
persons and was allegedly the largest in the world. According to a 2002 
Harvard University report, the Government blocked at least 19,000 sites 
during a 6-month period and may have blocked as many as 50,000. At 
times, the Government blocked the sites of some major foreign news 
organizations, health organizations, educational institutions, 
Taiwanese and Tibetan businesses and organizations, religious and 
spiritual organizations, democracy activists, and sites discussing the 
1989 Tiananmen massacre. The number of blocked sites appeared to 
increase around major political events and sensitive dates. The 
authorities reportedly began to employ more sophisticated technology 
enabling the selective blocking of specific content rather than entire 
websites in some cases. Such technology was also used to block e-mails 
containing sensitive content. The Government generally did not 
prosecute citizens who received dissident e mail publications, but 
forwarding such messages to others sometimes did result in detention. 
Internet usage reportedly was monitored at all terminals in public 
libraries.
    The Ministry of Information Industry regulated access to the 
Internet while the Ministries of Public and State Security monitored 
its use. Regulations prohibit a broad range of activities that 
authorities have interpreted as subversive or as slanderous to the 
state, including the dissemination of any information that might harm 
unification of the country or endanger national security. Promoting 
``evil cults'' was banned, as was providing information that ``disturbs 
social order or undermines social stability.'' Internet service 
providers (ISPs) were instructed to use only domestic media news 
postings, record information useful for tracking users and their 
viewing habits, install software capable of copying e-mails, and 
immediately end transmission of so-called subversive material. Many 
ISPs practiced extensive self-censorship to avoid violating very 
broadly worded regulations. A study released in 2003 by Reporters 
Without Borders reported that only 30 percent of messages with 
``controversial content'' were allowed onto Chinese ``chatroom'' 
websites. The remaining 70 percent of messages were filtered out by 
censors or removed by the site host.
    Several individuals were jailed for their Internet publications 
during the year. On March 16, Shanghai resident Ma Yalian was sentenced 
to 18 months' reeducation through labor for posting articles on legal 
websites about her attempts to stop destruction of her home. Ma's web 
postings described police harassment of petitioners and suicide 
attempts outside government offices. In May, freelance journalist Liu 
Shui was sentenced to 2 years' administrative detention in Shenzhen in 
what NGOs claimed was retaliation for essays about reassessing the 1989 
Tiananmen massacre and political reform that he wrote and posted on the 
Internet. Former Hubei Province civil servant Du Daobin was convicted 
of inciting subversion in June for his Internet writings about 
democracy. Du's prison sentence was suspended, but he appealed his 
conviction, arguing that his trial was unfair and that his writings did 
not incite subversion and were protected free speech (see Section 
1.e.). In August, house Christians Liu Fenggang, Xu Yonghai, and Zhang 
Shengqi were convicted of disclosing state intelligence after using the 
Internet to send reports about the abuse of house Christians to 
overseas organizations. They were sentenced to 1 to 3 years in prison 
(see Section 2.c.). In September, Shenyang Internet writers Kong 
Youping and Ning Xianhua were sentenced, respectively, to 15 and 12 
years in prison on charges of ``subversion of state power'' for posting 
articles and poems in support of the CDP. In November, Hunan Province 
journalist Shi Tao was detained, reportedly on state secrets charges. 
Shi had previously written for Contemporary Trade News and published an 
on-line article in April opposing the detention of Tiananmen Mothers' 
organization co-founder Ding Zilin. The NGO Reporters Without Borders 
called China ``the biggest jail in the world for cyberdissidents.'' The 
Committee for the Protection of Journalists reported that the country 
had 43 journalists jailed at year's end.
    In addition to imprisoning several persons during the year for 
disseminating information through the Internet, the Government detained 
several individuals for using the Internet to express support for other 
detained Internet activists. Liu Di was detained for a year after she 
expressed sympathy for Sichuan website manager Huang Qi and wrote pro-
reform articles on-line. Huang ran a website that contained postings 
discussing the June 4, 1989 Tiananmen massacre until it was closed 
down, and he was detained on June 3, 2000. In November 2003, Liu Di was 
released after a court found that the evidence against her was 
insufficient; however, some persons detained for supporting her 
remained in custody at year's end. Among them, Kong Youping was 
sentenced to 15 years in prison in September for political writings, 
including many that expressed support for Liu Di.
    The Government's ``Public Pledge on Self Discipline for China's 
Internet Industry'' continued during the year. More than 300 companies 
signed the pledge, including the popular Sina.com and Sohu.com, as well 
as foreign-based Yahoo!'s China division. Those who signed the pledge 
agreed not to spread information that ``breaks laws or spreads 
superstition or obscenity.'' They also promised to refrain from 
``producing, posting, or disseminating pernicious information that may 
jeopardize state security and disrupt social stability.'' The China 
Internet Association adopted a ``self-regulatory pledge'' for search 
engine services during the year that was viewed by many as even 
stricter than the Government's self discipline pledge.
    As of July, the China Internet Network Information Center said 
there were 87 million Internet users, 22 percent of whom access the web 
at Internet cafes. As of 2002, the country had more than 200,000 
licensed Internet cafes, and a number of unlicensed ones as well. 
During the year, state media reported that several municipalities 
cracked down on illegal Internet cafes, including over 2,000 illegal 
cafes in Shenzhen. On April 27, the Ministry of Culture announced that, 
by the end of the year, all Internet cafes must install software that 
allows Government officials to monitor customers' web usage. Internet 
users at the cafes often are subject to surveillance. A May 24 China 
Newsweek article reported that at one popular Beijing Internet cafe 
with 320 computers, eight employees served as Internet monitors, while 
10 other staff members walked around the room to check if customers 
were accessing ``illegal'' websites. Patrons caught entering such sites 
were given warnings. Most places sporadically enforced regulations 
requiring patrons to provide identification when using Internet cafes. 
In response to the health crisis caused by SARS, the authorities closed 
all the nation's Internet cafes in April 2003. Beijing cafes stayed 
closed until August 2003, while cafes in Shanghai and Sichuan reopened 
sooner.
    In February, the Government announced that it would invest nearly 
$6 million (RMB 49.8 million) to create a new system to control 
political publication on the Internet. Monitoring and censorship of 
Internet bulletin boards and chatrooms was especially strict at the 
time of sensitive anniversaries or key political meetings. For example, 
in September, a popular bulletin board at Beijing University was closed 
in the period before the Fourth Party Plenum meeting, and Internet 
censorship also increased before the March NPC session. In September, a 
local newspaper reported that authorities in Liaoning Province shut 
down an Internet website devoted to exposing official corruption, even 
though the website's administrator had obtained prior official 
approval.
    In July, the Government began censoring text messages distributed 
by mobile telephone. According to state media, the campaign was 
designed to stop the spread of pornographic messages by phone, as well 
as to block circulation of illicit news and information. All text 
messaging service providers were required to install filtering 
equipment to monitor and delete messages deemed offensive by 
authorities. In the first week of the campaign's operation, the 
Government reportedly fined 10 companies and forced 20 others to close 
for failure to comply. As with print, broadcast, and Internet media, 
the Propaganda Department determined banned topics. In 2003, mobile 
phone users sent approximately 220 billion text messages, according to 
China Telecom.
    The Government did not respect academic freedom and continued to 
impose ideological controls on political discourse at colleges, 
universities, and research institutes. Scholars and researchers 
reported varying degrees of control regarding issues they could examine 
and conclusions they could draw. For example, several professors were 
warned against calling for abolition of reeducation through labor. In 
March, Beijing University professor Jiao Guobiao published a criticism 
of Chinese censorship, listing his ``14 Evils of the Central Propaganda 
Department.'' In August, his university threatened him with dismissal 
and indefinitely suspended him from teaching. Guangxi Normal University 
Professor Chen Qin reportedly suffered a stroke in July while being 
interrogated by security officials concerning his on-line essays 
criticizing political and social institutions. Scholar Xu Zerong 
remained in prison for ``illegally providing state secrets'' by sending 
sensitive reference materials on the Korean War to a contact in Hong 
Kong. Scholars studying religion reported that, during the year, the 
official Protestant church blocked some publications it found 
objectionable.
    The Government continued to use political attitudes as criteria for 
selecting persons for the few government-sponsored study abroad 
programs, but did not impose such restrictions on privately sponsored 
students. More than 7,200 students studied abroad, a record according 
to the China Scholarship Council.
    Researchers residing abroad also were subject to sanctions from the 
authorities when their work did not meet with official approval. In 
July, a Chinese-born overseas scholar was detained in Shanghai for 2 
weeks and then forced to leave the country after being charged with 
disclosing state secrets in the course of his academic research on 
reform of the household registration system.

    b. Freedom of Peaceful Assembly and Association.--The Constitution 
provides for freedom of peaceful assembly; however, the Government 
severely restricted this right in practice. The Constitution stipulates 
that such activities may not challenge ``Party leadership'' or infringe 
upon the ``interests of the State.'' Protests against the political 
system or national leaders were prohibited. Authorities denied permits 
and quickly moved to suppress demonstrations involving expression of 
dissenting political views.
    At times, police used excessive force against demonstrators. 
Demonstrations with political or social themes were often broken up 
quickly and violently. The vast majority of demonstrations during the 
year concerned economic and social issues such as land, housing, 
health, and welfare. Land disputes, industrial disputes, and anti-
government protests were the three main causes of civil disturbances, 
according to a 2004 study of publicly reported protests. Citing 
government statistics, government-run Outlook magazine reported that 
over 58,000 ``mass incidents'' took place during 2003, more than 6 
times the number reported 10 years earlier. Some of these 
demonstrations included thousands of participants. According to 
government statistics reported in Hong Kong, more than 2.3 million 
people took part in petitions, marches, and sit-ins in urban areas in 
2003, while over 8 million participated in demonstrations in rural 
areas. Ministry of Public Security publications indicated that the 
number of demonstrations continued to grow and that protesters were 
becoming more organized.
    Authorities detained potential protesters before the anniversary of 
the 1989 Tiananmen massacre and other sensitive events to head off 
public demonstrations (see Section 1.d.). In the period before the 
April ``Qingming'' holiday, which has often served as a time of public 
commemoration of the 1989 Tiananmen events, regulations were passed 
outlawing Tiananmen commemorative activities. In late March, 
``Tiananmen Mothers'' organization co-founders Ding Zilin, Jiang 
Xianling, and Huang Jinping were confined in separate locations to 
prevent them from meeting with other victims' family members to 
commemorate the death of their relatives in the June 4, 1989 violence. 
In early April, when AIDS activist Hu Jia stated his intention to 
commemorate the anniversary in their absence, he was also detained. All 
were released but some were prevented from returning to Beijing until 
after the holiday was over. On June 1, retired PLA doctor Jiang Yanyong 
and his wife were also detained in the period before the anniversary of 
the 1989 Tiananmen massacre (see Section 2.d.). Western media reported 
that approximately 20 people were detained and taken away from 
Tiananmen Square on June 4 for attempting to commemorate the 1989 
events.
    Labor protests over restructuring of SOEs and resulting 
unemployment continued, and the number of such protests increased 
slightly over 2003, although they remained smaller in scale than the 
large labor protests which occurred in 2002. In February, a protest by 
some 2,000 workers seeking severance benefits from Hubei Province's 
bankrupt, state-owned Tieshu textile factory was suppressed by force. 
Nine workers were detained, and four faced criminal charges. In July, 
23 laid-off coal miners from Heilongjiang Province threated a mass 
suicide from the roof of a building near the Supreme People's Court 
when their petitions for compensation went unanswered. They were 
detained, and miners traveling to Beijing to support them were stopped 
by police. Protests by migrant laborers and construction workers, who 
demonstrated when employers withheld their salaries or underpaid them, 
continued. The Government passed legislation requiring that companies 
pay such workers and stepped up enforcement measures against some 
delinquent employers during the year (see Section 6.b.).
    Protests, some of which included thousands of participants, 
concerning land, housing, and forced evictions were also widespread. 
The jailing of former Shanghai housing lawyer Zheng Enchong in October 
2003, after his advocacy for hundreds of Shanghai residents displaced 
in a controversial urban redevelopment project, prompted demonstrations 
by his supporters in March. Similarly, Beijing and Tianjin-based 
housing petitioners and victims of forced eviction policies were 
detained in August and September to prevent them from holding a planned 
10,000-person rally (see Section 3). On August 1, in Fujian Province's 
Wanli village, police officers beat hundreds of farmers who protested 
government land seizures.
    The Government continued to wage a severe political, propaganda, 
and police campaign against the Falun Gong movement. The sustained 
government crackdown against the movement, which the Government banned 
in 1999, continued, and there were no reports of public protests during 
the year. In many cases, Falun Gong practitioners were subject to close 
scrutiny by local security personnel, and their personal mobility was 
tightly restricted, particularly at times when the Government believed 
public protests were likely.
    Activist Li Dan was beaten and Pan Zhongfeng was detained in 
Shangqiu, Henan Province, during a July demonstration protesting 
closure of an AIDS orphanage and school.
    The Constitution provides for freedom of association; however, the 
Government restricted this right in practice. Communist Party policy 
and government regulations require that all professional, social, and 
economic organizations officially register with, and be approved by, 
the Government. Ostensibly aimed at restricting secret societies and 
criminal gangs, these regulations also prevented the formation of truly 
autonomous political, human rights, religious, spiritual, 
environmental, social, labor, and youth organizations that might 
challenge government authority. Since 1999, all concerts, sports 
events, exercise classes, or other meetings of more than 200 persons 
require approval from Public Security authorities. In practice, much 
smaller gatherings ran the risk of being disrupted by authorities in 
some places.
    No laws or regulations specifically govern the formation of 
political parties. But the China Democracy Party (CDP) remained banned, 
and the Government continued to surveil, detain, and imprison current 
and former CDP members (see Section 3).
    According to government statistics on NGOs, at the end of 2003, 
there were approximately 142,000 social organizations, including 1,736 
national-level and cross-provincial organizations, 21,030 provincial 
organizations, 48,731 local and county-level organizations registered 
with the Ministry of Civil Affairs, and others. NGOs were required to 
register with the Government. To register, an NGO must find a 
government agency willing to serve as the NGO's organizational sponsor, 
have a registered office, and hold a minimal amount of funds. Experts 
estimated that there were between one and two million unregistered 
NGOs. Although the registered organizations all came under some degree 
of government control, some were able to develop their own agendas. 
Some had support from foreign secular and religious NGOs. Some were 
able to undertake limited advocacy roles in such public interest areas 
as women's issues, the environment, health, and consumer rights. 
According to government guidelines, NGOs must not advocate non-party 
rule, damage national unity, or upset ethnic harmony. Groups that 
disobeyed guidelines and unregistered groups that continued to operate 
could face administrative punishment or criminal charges. In addition, 
there were 124,000 private, nonprofit corporations registered in 2003, 
an increase of 11.7 percent over 2002. Many of these groups functioned 
like NGOs, with 90,000 operating in the education and health fields, 
9,037 in labor, 7,792 in civil society, 1,777 providing social 
services, and 728 in legal services. During the year, the Government 
passed a new law regulating charitable foundations and gave NGOs 
greater autonomy to establish the amount of their membership dues.

    c. Freedom of Religion.--The Constitution provides for freedom of 
religious belief and the freedom not to believe; however, the 
Government sought to restrict religious practice to government-
sanctioned organizations and registered places of worship and to 
control the growth and scope of the activity of religious groups. There 
are five official religions: Buddhism, Taoism, Islam, Protestantism, 
and Catholicism. A government-affiliated association monitored and 
supervised the activities of each of the five faiths. Membership in 
religions grew rapidly. While the Government generally did not seek to 
suppress this growth outright, it tried to control and regulate 
religious groups to prevent the rise of sources of authority outside 
the control of the Government and the Party.
    Overall, government respect for religious freedom remained poor, 
although the extent of religious freedom varied widely within the 
country. Freedom to participate in officially sanctioned religious 
activity increased in many areas of the country, but crackdowns against 
unregistered groups, including underground Protestant and Catholic 
groups, Muslim Uighurs, and Tibetan Buddhists (see Tibet Addendum) 
continued and worsened in some locations. The Government continued its 
repression of groups that it determined to be ``cults'' and of the 
Falun Gong spiritual movement in particular.
    All religious groups and spiritual movements were required to 
register with the State Administration for Religious Affairs (SARA, 
formerly known as the central Religious Affairs Bureau) or its 
provincial or local offices (still known as Religious Affairs Bureaus 
(RABs)). SARA and the RABs were responsible for monitoring and judging 
the legitimacy of religious activity. SARA and the Communist Party's 
United Front Work Department provided policy ``guidance and 
supervision'' over implementation of government regulations on 
religious activity.
    In January, a national work conference on religion organized by 
SARA was held to ``strengthen religious work.'' According to official 
media, the conference recommended that officials guard against 
Christian-influenced ``cults'' and avoid negative influences, including 
``foreign infiltration under cover of religion.'' Conference attendees 
also raised concern about circulation of foreign religious materials 
addressing the growth of Christianity in the country, including a 
documentary film entitled ``The Cross'' and a book entitled ``Jesus in 
Beijing.'' Subsequently, many provinces convened their own local work 
conferences. In March, the 10th National Committee of the Chinese 
People's Political Consultative Conference (CPPCC) recommended revising 
the CPPCC Charter to permit the ``freedom of religious belief.'' On 
November 30, the State Council issued new regulations governing 
religious affairs, shifting the national system of registration from 
one focused on religious sites to one focused on religious 
organizations and individuals. The new regulations made no reference to 
the five official religions.
    A national campaign to require religious groups to register or to 
come under the supervision of official ``patriotic'' religious 
organizations continued during the year. Some groups registered 
voluntarily, some registered under pressure, some avoided officials in 
an attempt to avoid registration, and authorities refused to register 
others. Some unofficial groups reported that authorities refused them 
registration without explanation. The Government contended that these 
refusals were mainly the result of failure to meet requirements 
concerning facilities and meeting spaces. Many religious groups were 
reluctant to comply with the regulations out of principled opposition 
to state control of religion or due to fear of adverse consequences if 
they revealed, as required, the names and addresses of church leaders 
and members.
    Local authorities' handling of unregistered religious groups, 
particularly Protestant ``house churches,'' varied widely. In certain 
regions, Government supervision of religious activity was minimal, and 
registered and unregistered Protestant and Catholic churches existed 
openly side-by-side and were treated similarly by the authorities. In 
such areas, many congregants worshipped in both types of churches, and 
congregants in unregistered churches procured Bibles at official 
churches. In some parts of the country, unregistered house churches 
with hundreds of members met openly, with the full knowledge of local 
authorities, who characterized the meetings as informal gatherings to 
pray, sing, and study the Bible. In other areas, house church meetings 
of more than a handful of family members and friends were strictly 
proscribed. House churches often encountered difficulties when their 
membership grew, when they arranged for the regular use of facilities 
for the purpose of conducting religious activities, or when they forged 
links with other unregistered groups. As a result, urban house churches 
were generally limited to meetings of a few dozen members or less, 
while meetings of unregistered Protestants in small cities and rural 
areas could number in the hundreds.
    Leaders of unauthorized groups were sometimes the targets of 
harassment, interrogation, detention, and physical abuse. Police closed 
scores of ``underground'' mosques, temples, seminaries, Catholic 
churches, and Protestant ``house churches,'' including many with 
significant memberships, properties, financial resources, and networks. 
Authorities particularly targeted unofficial religious groups in 
locations where there were rapidly growing numbers of unregistered 
churches or in places of long-seated conflict between official and 
unofficial churches, such as with Catholics in Baoding, Hebei Province 
or with evangelical underground Protestant groups as in Henan Province 
and elsewhere.
    The Government in many areas intensified pressure against 
Protestant house churches and their leaders during the year. In 
January, house Christian activists Qiao Chunling, Xu Yongling, and Zeng 
Guangbo reportedly were detained because of their alleged effort to 
communicate with foreigners about activities of house churches. House 
Christian activists in several regions were prevented from leaving 
their homes during the meeting of the National People's Congress in 
March. In June, the government-run Legal Daily newspaper reported that 
Jiang Zongxiu had died in police custody in Guizhou Province after 
being detained for distributing Bibles. Her body showed signs of 
physical abuse, and reliable reports indicated that she had been beaten 
in administrative detention. A Legal Daily editorial comment condemned 
local officials for mistreating Jiang. In April, more than 100 members 
of the Three Classes of Servants Church reportedly were detained in 
Heilongjiang Province, and most were later released. In June, dozens of 
leaders of the China Gospel Fellowship Protestant Church reportedly 
were detained in Wuhan, Hubei Province, but they were later released. 
In July, more than 100 house church leaders from Anhui Province were 
reportedly detained in Xinjiang while on a religious retreat. The same 
month, some 40 house church leaders were detained while attending a 
religious training seminar in Chengdu, Sichuan Province. In August, 
more than 100 house Christians were reportedly detained while on a 
religious retreat in Kaifeng, Henan Province. On August 6, Beijing-
based Christian activist Liu Fenggang, Beijing homeless advocate Dr. Xu 
Yonghai, and Jilin Internet writer Zhang Shengqi were convicted and 
sentenced to 3, 2, and 1 years in prison, respectively, on charges of 
providing national intelligence overseas. The charges stemmed from an 
article Liu wrote and allegedly distributed to the foreign-based 
Chinese Christian magazine Christian Life Quarterly, which discussed 
persecution of other Chinese Christians and destruction of house 
churches. On September 11, Beijing-based pastor Cai Zhuohua was 
detained for his involvement in printing and distributing Christian 
literature. In December, underground church leader Zhang Rongliang was 
detained in Henan Province, and his whereabouts remained unknown at 
year's end. House church historian Zhang Yinan, who was detained in 
2003, remained in a reeducation-through-labor camp in Pingdingshan 
County, Henan Province. Gouxing Philip Xu, however, reportedly was 
released from a reeducation-through-labor camp in June after being 
detained in 2002 in Shanghai.
    A number of Catholic priests and lay leaders also were beaten or 
otherwise abused during the year, prompting Vatican officials formally 
to protest mistreatment. In Hebei Province, where approximately half of 
the country's Catholics reside, friction between unofficial Catholics 
and local authorities continued. Hebei authorities have forced many 
underground priests and believers to choose between joining the 
Patriotic Church (the officially sanctioned Catholic Church) or facing 
fines, job losses, periodic detentions, and, in some cases, the removal 
of their children from school. Some Catholics have been forced into 
hiding. In June, the Vatican formally protested the detention earlier 
in the year of three underground Catholic bishops from Hebei Province. 
Two were released shortly after their detention, although the 
whereabouts of 84-year-old Zhao Zhendong of Xuanhua City remained 
unclear at year's end. Underground Bishops Wei Jingyi of Heilongjiang 
Province and Jia Zhiguo of Hebei Province reportedly were detained for 
a few days before being released in March and April, respectively. Jia 
Zhiguo reportedly was again detained for several days in June, along 
with two other underground bishops. In August, eight underground clergy 
in Quyang County, Hebei Province, reportedly were detained while 
attending a religious retreat. At Christmas, a priest in Zhejiang 
Province, Wang Zhongfa, was reportedly detained, and religious services 
for both Catholics and Protestants were disrupted. There were 
conflicting reports about 76-year-old Shandong Province Bishop Gao 
Kexian, whom some sources claimed died in prison during the year. 
Reliable sources also reported that Bishop An Shuxin, Bishop Zhang 
Weizhu, Father Cui Xing, and Father Wang Quanjun remained detained in 
Hebei Province. There was no new information about underground Bishop 
Su Zhimin, who has been unaccounted for since his reported detention in 
1997. Reports suggested that he had been held in a form of house 
arrest. The Government continued to deny taking coercive measures 
against him and stated he was traveling as a missionary.
    During the year, local officials destroyed several unregistered 
places of worship around the country. In Zhejiang Province, there were 
continued reports that churches and shrines were closed or destroyed, 
although less often than in 2003. Zhejiang authorities often claimed 
that destroyed buildings were not zoned for religious activities, or 
were unsafe, or both. In February, a fire killed 39 worshippers and 
destroyed a makeshift temple in Zhejiang's Haining City. Visitors to 
Xinjiang Autonomous Region reported that mosques also have been 
destroyed, although some attributed the demolition as much to inter-
religious conflict between Hui and Uighur Muslims as to government 
antagonism. In August, members of the Buddhist Foundation of America 
reported that a temple they had helped to restore in Tongliao, Inner 
Mongolia, was closed and the rededication ceremony cancelled by local 
officials. Spiritual leader Dechan Jeren (Yu Tianjian) was detained, 
and government authorities claimed he had misled followers about his 
status as a living Buddha.
    The Government continued to restore or rebuild some churches, 
temples, mosques, and monasteries damaged or destroyed during the 
Cultural Revolution, and new facilities were constructed during the 
year. In March, the Government began construction of two new Protestant 
churches in Beijing, the first new churches to be constructed in the 
capital since 1949. Similarly, the site of the 135-year-old former Holy 
Trinity Cathedral in Shanghai was renovated at government expense and 
reopened as headquarters of the official Protestant China Christian 
Council and Three-Self Patriotic Movement. The number of restored and 
rebuilt temples, churches, and mosques remained inadequate to 
accommodate the increase in religious believers. The difficulty in 
registering new places of worship led to serious overcrowding in 
existing places of worship in some areas. Some observers cited the lack 
of adequate meeting space in registered churches to explain the rapid 
rise in attendance at house churches and ``underground'' churches.
    The law does not prohibit religious believers from holding public 
office; however, party membership is required for almost all high-level 
positions in Government, state-owned businesses, and many official 
organizations. During the year, Communist Party officials again stated 
that party membership and religious belief were incompatible. The 
Routine Service Regulations of the People's Liberation Army state 
explicitly that service members ``may not take part in religious or 
superstitious activities.'' Party and PLA personnel have been expelled 
for adhering to Falun Gong beliefs.
    Despite official regulations encouraging officials to be atheists, 
in some localities as many as 25 percent of Party officials engaged in 
some kind of religious activity. Most of these officials practiced 
Buddhism or a folk religion. The National People's Congress (NPC) 
included several religious representatives. Two of the NPC Standing 
Committee's vice chairmen are Fu Tieshan, a bishop and vice-chairman of 
the Chinese Catholic Patriotic Association, and Pagbalha Geleg Namgyal, 
a Tibetan reincarnate lama. Religious groups also were represented in 
the Chinese People's Political Consultative Conference, an advisory 
forum for ``multiparty'' cooperation and consultation led by the CCP, 
and in local and provincial governments.
    Official religious organizations administered local religious 
schools, seminaries, and institutes to train priests, ministers, imams, 
Islamic scholars, and Buddhist monks. Students who attended these 
institutes had to demonstrate ``political reliability,'' and all 
graduates must pass an examination on their political as well as 
theological knowledge to qualify for the clergy. The Government 
permitted registered religions to train clergy and allowed limited 
numbers of Catholic and Protestant seminarians, Muslim clerics, and 
Buddhist clergy to go abroad for additional religious studies, but some 
religion students have had difficulty getting passports or obtaining 
approval to study abroad. In most cases, foreign organizations provided 
funding for such training programs.
    Both official and unofficial Christian churches had problems 
training adequate numbers of clergy to meet the needs of their growing 
congregations. Because of restrictions and prohibitions on religion 
between 1955 and 1985, no priests or other clergy in official churches 
were ordained during that period. Thus, as senior clerics retire, there 
were relatively few experienced clerics to replace them. The Government 
stated that the official Catholic Church had trained more than 900 
priests in the past decade.
    Traditional folk religions such as Fujian Province's ``Mazu cult'' 
were still practiced in some locations. They were tolerated to varying 
degrees, often seen as loose affiliates of Taoism or as ethnic minority 
cultural practices. However, at the same time, folk religions were 
labeled ``feudal superstition'' and sometimes were repressed because 
their resurgence was seen as a threat to Party control. In recent 
years, local authorities have destroyed thousands of shrines; however, 
there were no reports of widespread destruction during the year.
    Buddhists made up the largest body of organized religious 
believers. The traditional practice of Buddhism continued to expand 
among citizens in many parts of the country. Tibetan Buddhists in some 
areas outside of the TAR had growing freedom to practice their faith. 
However, some government restrictions remained, particularly in cases 
in which the Government interpreted Buddhist belief as supporting 
separatism, such as in some Tibetan areas and parts of the Inner 
Mongolian Autonomous Region. Visits by emissaries of the Dalai Lama 
occurred in 2002, 2003, and September, 2004. Lodi Gyari, the Dalai 
Lama's representative to the United States, was a member of the 
September delegation (see Tibet Addendum).
    Regulations restricting Muslims' religious activity, teaching, and 
places of worship continued to be implemented forcefully in Xinjiang. 
In some areas of Xinjiang where ethnic unrest has occurred, officials 
restricted the building of mosques and the training of clergy. 
Authorities reportedly continued to prohibit the teaching of Islam to 
children under the age of 18 in some areas where ethnic unrest has 
occurred, although children studied Arabic and the Koran without 
restriction in many other areas. For example, local officials have 
stated that persons younger than 18 are forbidden from entering mosques 
in Xinjiang, but this policy was enforced unevenly. Authorities also 
reserved the right to censor imams' sermons. In particular, imams were 
urged to emphasize the damage caused to Islam by terrorist acts in the 
name of the religion.
    Fundamentalist Muslim leaders received particularly harsh 
treatment. In 2000, the authorities began conducting monthly political 
study sessions for religious personnel; the program reportedly 
continued during the year. In August, eight Uighur Muslims in Hotan 
District were reportedly charged with endangering state security, and 
scores were detained on charges of engaging in ``illegal religious 
activities.'' Because of government control of information coming from 
Xinjiang, such reports were difficult to confirm.
    There were numerous official media reports that the authorities 
confiscated illegal religious publications in Xinjiang. The Xinjiang 
People's Publication House was the only publisher allowed to print 
Muslim literature, and stores reported that those selling literature 
not included on Government lists of permitted items risked closure. In 
addition to the restrictions on practicing religion placed on party 
members and government officials throughout the country, teachers, 
professors, and university students in Xinjiang were not allowed to 
practice religion openly. Officials also reportedly restricted mosque 
building in some areas of Xinjiang, especially where unrest had 
occurred. However, in other areas, particularly in areas traditionally 
populated by the non-Central Asian Hui ethnic group, there was 
substantial religious building construction and renovation. Mosque 
destruction, which sometimes occurred in Xinjiang, occasionally 
resulted from intra-religious conflict.
    The Government permitted Muslim citizens to make the Hajj to Mecca 
and in some cases subsidized the journey. A record number of nearly 
10,000 Muslims made the Hajj during the year, nearly half of whom went 
with government-organized delegations. Other Muslims made the trip to 
Mecca via third countries. According to international Uighur groups, 
Uighur Muslims had greater difficulty getting permission to make the 
Hajj than other Muslim groups, such as Hui Muslims, and some Uighurs 
elected not to attempt to go for fear of repercussions.
    The Government and the Holy See had not established diplomatic 
relations, and there was no Vatican representative on the Mainland. The 
Government stated that the role of the Pope in selecting bishops, the 
status of underground Catholic clerics, Vatican recognition of Taiwan, 
and the canonization of controversial Catholic missionaries on Chinese 
National Day in 2000 remained obstacles to improved relations. During 
the year, the Government stated that the political activities of Hong 
Kong Diocese Bishop Joseph Zen in the Hong Kong SAR had become a 
further obstacle to normalization of relations with the Vatican. 
Nonetheless, Bishop Zen paid a public visit to Shanghai in April.
    The Government's refusal to allow the official Catholic Church to 
recognize the authority of the Papacy in many fundamental matters of 
faith and morals caused many Catholics to reject the official Catholic 
Church. Most bishops of the official Catholic Church were, in fact, 
recognized by the Vatican. However, friction between bishops who have 
been consecrated with Vatican approval and others consecrated without 
such approval continued, producing leadership conflicts. Foreign media 
reported that, at the consecration ceremony of some bishops during the 
year, both government and Vatican approval was stated publicly.
    The increase in the number of Christians resulted in a 
corresponding increase in the demand for Bibles, which were available 
for purchase at most officially recognized churches and some 
bookstores. Although the country had only one government-approved 
publisher of Bibles and distribution had been a problem in the past, 
the shortage of Bibles in previous years appeared largely to have 
abated. Members of underground churches complained that the supply and 
distribution of Bibles in some places, particularly rural locations, 
was inadequate. Official churches said they discouraged the sale of 
Bibles outside the church to protect their copyright and financial 
interests, not to restrict distribution. They emphasized that versions 
of the Bible are available for less than $1 (RMB 8.3). Individuals 
could not order Bibles directly from publishing houses, making it 
difficult for some Christians to buy Bibles in volume. Customs 
officials continued to monitor for the ``smuggling'' of Bibles and 
other religious materials into the country, but there were no new cases 
of significant punishments for Bible importation. There were credible 
reports that the authorities sometimes confiscated Bibles and other 
religious material in raids on house churches.
    Regulations enacted in 1994 and expanded in 2000 codified many 
existing rules involving religious practice by foreigners, including a 
ban on proselytizing. However, for the most part, the authorities 
allowed foreign nationals to preach to other foreigners, to bring in 
religious materials for personal use, and to preach to citizens at 
churches, mosques, and temples at the invitation of registered 
religious organizations. Religious worship by foreigners was permitted 
in unregistered facilities so long as citizens did not attend the 
services. In a number of major cities, regular worship services for 
foreigners were held, including Catholic, Protestant, Muslim, Jewish, 
and Church of Jesus Christ of Latter-Day Saints services. Foreigners 
were barred from conducting missionary activities, but some foreign 
religious groups were involved in education and providing social 
services.
    Some foreign church organizations came under pressure to register 
with government authorities, and some foreign missionaries whose 
activities extended to citizens were expelled or asked to leave the 
country. The Government stated that those asked to leave had violated 
the law. In addition, the Government banned foreign-produced materials 
about Christianity in the country, including the documentary film ``The 
Cross'' and the book ``Jesus in Beijing.''
    The authorities continued a general crackdown on groups considered 
to be ``cults.'' Premier Wen Jiabao, in his address to the NPC in 
March, stressed that government agencies should strengthen their anti-
cult work. These ``cults'' included not only Falun Gong and various 
traditional Chinese meditation and exercise groups (known collectively 
as ``qigong'' groups) but also religious groups that authorities 
accused of preaching beliefs outside the bounds of officially approved 
doctrine. Groups that the Government labeled cults included Eastern 
Lightning, the Servants of Three Classes, the Shouters, the South China 
Church, the Association of Disciples, the Full Scope Church, the Spirit 
Sect, the New Testament Church, the Way of the Goddess of Mercy, the 
Lord God Sect, the Established King Church, the Unification Church, and 
the Family of Love. Authorities accused some in these groups of lacking 
proper theological training, preaching the imminent coming of the 
Apocalypse or holy war, or exploiting the reemergence of religion for 
personal gain. The Eastern Lightning group was accused by the 
Government and some other unregistered Christian groups of involvement 
in violence.
    Actions against such groups continued during the year. In April, 
over 100 members of the evangelical group the ``Servants of Three 
Classes'' were detained in Harbin, Heliongjiang Province. Most were 
released, but Gu Xianggao died in custody, allegedly as a result of 
beatings by police (see Section 1.c.) Police also continued their 
efforts to close down an underground evangelical group called the 
``Shouters,'' an offshoot of a pre-1949 indigenous Protestant group. In 
2001, Gong Shengliang, founder of the South China Church, was sentenced 
to death on criminal charges including rape, arson, and assault. In 
2002, an appeals court overturned his death sentence, and Gong was 
sentenced to life in prison. In the retrial, four women from his 
congregation claimed that, prior to the first trial, police had 
tortured them into signing statements accusing Gong of raping them. The 
four women, who were found not guilty of ``cultist activity'' in the 
retrial, were nonetheless immediately sent to reeducation-through-labor 
camps. In the retrial, the court also dropped all ``evil cult'' charges 
against the South China Church. During the year, elderly church member 
Chen Jingmao reportedly was abused in prison for attempting to convert 
inmates to Christianity.
    The extent of public Falun Gong activity in the country continued 
to decline considerably, and practitioners based abroad reported that 
the Government's crackdown against the group continued. Since the 
Government banned the Falun Gong in 1999, the mere belief in the 
discipline (even without any public manifestation of its tenets) was 
sufficient grounds for practitioners to receive punishments ranging 
from loss of employment to imprisonment. Although the vast majority of 
the tens of thousands of practitioners detained since 1999 have been 
released, many were detained again after release (see Section 1.e.), 
and thousands reportedly remained in reeducation-through-labor camps. 
Those identified by the Government as ``core leaders'' have been 
singled out for particularly harsh treatment. More than a dozen Falun 
Gong members have been sentenced to prison for the crime of 
``endangering state security,'' but the great majority of Falun Gong 
members convicted by the courts since 1999 have been sentenced to 
prison for ``organizing or using a sect to undermine the implementation 
of the law,'' a less serious offense. Most practitioners, however, were 
punished administratively. In addition to being sentenced to 
reeducation through labor, some Falun Gong members were sent to 
detention facilities specifically established to ``rehabilitate'' 
practitioners who refused to recant their belief voluntarily after 
release from reeducation-through-labor camps. In addition, hundreds of 
Falun Gong practitioners have been confined to mental hospitals (see 
Section 1.d.).
    Police in the past often used excessive force when detaining 
peaceful Falun Gong protesters. During the year, allegations of abuse 
of Falun Gong practitioners by the police and other security personnel 
continued. According to the foreign-based Global Mission to Rescue 
Persecuted Falun Gong Practitioners, 1,047 Falun Gong practitioners, 
including children and the elderly, have died since 1997 as a result of 
official persecution (see Section 1.c.). Other groups based abroad 
estimated that as many as 2,000 practitioners have died in custody.
    During the 2003 SARS epidemic, the Government launched new 
accusations that Falun Gong practitioners were disrupting SARS-
prevention efforts. State-run media claimed that, beginning in April, 
Falun Gong followers ``incited public panic'' and otherwise 
``sabotaged'' anti-SARS efforts in many provinces by preaching that 
belief in Falun Gong will prevent persons from contracting SARS. 
Authorities detained hundreds of Falun Gong adherents on such charges, 
including 69 in Jiangsu Province during May 2003 and 180 in Hebei 
Province during June 2003, according to state-run media. At year's end, 
their whereabouts remained unknown.
    As recently as 2003, the Government continued its effort to round 
up practitioners not already in custody and sanctioned the use of high-
pressure tactics and mandatory anti-Falun Gong study sessions to force 
practitioners to renounce Falun Gong. Even practitioners who had not 
protested or made other public demonstrations of belief reportedly were 
forced to attend anti-Falun Gong classes or were sent directly to 
reeducation-through-labor camps, where in some cases, beatings and 
torture reportedly were used to force them to recant. These tactics 
reportedly resulted in large numbers of practitioners signing pledges 
to renounce the movement.
    The Government taught atheism in schools. While the Government 
claimed that there were no national-level regulations barring children 
from receiving religious instruction, in some regions local authorities 
barred persons under 18 from attending services at mosques, temples, or 
churches.
    For a more detailed discussion, see the 2004 International 
Religious Freedom Report.

    d. Freedom of Movement Within the Country, Foreign Travel, 
Emigration and Repatriation.--Although the Government maintained 
restrictions on the freedom to change one's workplace or residence, the 
national household registration and identification card system 
continued to erode, and the ability of most citizens to move within the 
country to work and live continued to expand. However, the Government 
retained the ability to restrict freedom of movement through other 
mechanisms. Authorities heightened restrictions periodically during the 
year, particularly before politically sensitive anniversaries and to 
forestall demonstrations.
    The Government's ``hukou'' system of national household 
registration underwent further liberalization during the year, as the 
country responded to economic demands for a more mobile labor force. 
Nonetheless, many persons could not officially change their residence 
or workplace within the country. Government and work unit permission 
were often required before moving from city to city. It was 
particularly difficult for peasants from rural areas to obtain 
household registration in some economically more developed urban areas. 
There remained a ``floating population'' of between 100 and 150 million 
economic migrants who lacked official residence status in cities. 
Without official residence status, it was difficult or impossible to 
gain full access to social services, including education. Further, 
migrant workers were generally limited to types of work considered 
least desirable by local residents, and they had little recourse when 
subject to abuse by employers and officials. In some major cities, 
access to education for children of migrant workers continued to 
improve during the year, and some cities began to offer migrants some 
other social services free of charge. Many cities and provinces 
continued experiments aimed at abolishing the distinction between urban 
and rural residents in household registration documents, including 
Guangdong, Jiangsu, Shandong, Anhui, Hebei, Hubei, and Sichuan 
Provinces. However, other localities, including Zhengzhou in Henan 
Province, re-established registration requirements during the year to 
halt the drain on public resources that had resulted from an influx of 
migrants. In June 2003, the administrative detention system of custody 
and repatriation applied to migrants was abolished and replaced by a 
network of aid shelters offering services to migrants, but it remained 
unclear at year's end how these reforms would be implemented (see 
Section 1.d.).
    Prior to sensitive anniversaries, authorities in urban areas 
rounded up and detained some ``undesirables,'' including the homeless, 
the unemployed, migrant workers, those without proper residence or work 
permits, petty criminals, prostitutes, and the mentally ill or 
disabled. Dissidents reported that the authorities restricted their 
freedom of movement during politically sensitive periods and visits by 
foreign dignitaries, including on some occasions removing suspected 
dissidents from Beijing.
    Under the ``staying at prison employment'' system applicable to 
recidivists incarcerated in reeducation-through-labor camps, 
authorities have denied certain persons permission to return to their 
homes after serving their sentences. Some released or paroled prisoners 
returned home but were not permitted freedom of movement. Former senior 
leaders Zhao Ziyang and Bao Tong remained under house arrest in Beijing 
for their role in the 1989 Tiananmen protests, and security around them 
routinely was tightened during sensitive periods.
    The Government permitted legal emigration and foreign travel for 
most citizens. Passports were increasingly easy to obtain in most 
places, although those whom the Government deemed to be threats, 
including religious leaders, political dissidents, and some ethnic 
minority members continued to have difficulty obtaining passports (see 
Tibet Addendum). According to media reports, more than 2.6 million 
mainland tourists have traveled to Hong Kong since the Government 
relaxed restrictions on such travel.
    There were reports that some academics faced travel restrictions 
around the year's sensitive anniversaries, particularly the June 4 
anniversary of the 1989 Tiananmen Square massacre, and there were 
instances in which the authorities refused to issue passports or visas 
on apparent political grounds. Members of underground churches 
sometimes were refused passports and other necessary travel documents. 
Some Falun Gong members also had difficulty in obtaining passports. On 
June 1, Dr. Jiang Yanyong and his wife were detained while en route to 
pick up a visa to travel abroad to visit their daughter. They were held 
for 7 and 2 weeks, respectively, because he wrote to government leaders 
requesting an official reassessment of the Tiananmen massacre. He was 
released in July, but remained in a form of house arrest. Dr. Jiang 
also was pressured not to accept the Ramon Magsaysay Award for Public 
Service and was not permitted to travel to a September awards ceremony 
in the Philippines.
    Similarly, visas to enter the country were sometimes denied for 
political reasons. For example, some foreign academics who had been 
critical of the country continued to be denied visas. Some others who 
intended to discuss human rights or rule of law issues also were denied 
visas. For foreigners whose business did not raise political 
sensitivities, the Government introduced a long-term residence permit 
during the year.
    The law neither provides for a citizen's right to repatriate nor 
otherwise addresses exile. The Government continued to refuse reentry 
to numerous citizens whom it considered to be dissidents, Falun Gong 
activists, or troublemakers. Although some dissidents living abroad 
have been allowed to return, dissidents released on medical parole and 
allowed to leave the country often were effectively exiled. Activists 
resident abroad have sometimes been imprisoned upon their return to the 
country.
    The Government's refusal to permit some former reeducation-through-
labor camp inmates to return to their homes constituted a form of 
internal exile.
    Although a signatory of the 1951 U.N. Convention Relating to the 
Status of Refugees and its 1967 Protocol, the country has no laws or 
regulations that authorize the authorities to grant refugee status. The 
Government largely cooperated with the UNHCR when dealing with the 
resettlement of ethnic Han Chinese or ethnic minorities from Vietnam 
and Laos resident in the country. During the year, the Government and 
UNHCR continued ongoing discussions concerning the granting of 
citizenship to these residents. Since the late 1980s, the Government 
has adopted a de facto policy of tolerance toward the small number of 
persons, fewer than 100 annually, from other nations who registered 
with the Beijing office of the UNHCR as asylum seekers. The Government 
permitted these persons to remain in the country while the UNHCR made 
determinations as to their status and, if the UNHCR determined that 
they were bona fide refugees, while they awaited resettlement in third 
countries. However, the Government continued to deny the UNHCR 
permission to operate along its northeastern border with North Korea, 
arguing that North Koreans who crossed the border were illegal economic 
migrants, not refugees.
    During the year, several thousand North Koreans were reportedly 
detained and forcibly returned to North Korea, where many faced 
persecution and some of whom may have been executed upon their return, 
as provided in North Korean law. Several hundred North Koreans were 
permitted to travel to Seoul after they had entered diplomatic 
compounds or international schools in China, and approximately 1,900 
arrived in South Korea via third countries such as Mongolia, Vietnam, 
Thailand, and Cambodia, most after transiting through China. There were 
numerous credible reports of harassment and detention of North Koreans 
in the country. The Government also arrested and detained foreign 
journalists, missionaries and activists, as well as some Chinese 
citizens, for providing food, shelter, transportation, and other 
assistance to North Koreans. According to NGOs, the Government 
reportedly allowed North Korean security forces to enter China to 
forcibly repatriate North Korean citizens during the year.
    While UNHCR reported that more than 2,000 Tibetans each year 
continued to cross into Nepal, the Government continued to try to 
prevent many Tibetans from leaving (see Tibet Addendum).
    In October 2003, the Government executed Uighur Shaheer Ali after 
he and another Uighur were forcibly returned to China in 2002 from 
Nepal, where they had been granted refugee status by UNHCR (see Section 
5).
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    Citizens lack the right to change their government peacefully and 
cannot freely choose or change the laws and officials that govern them. 
While recent reforms allow citizens to elect members of village 
committees, which are not considered to be government bodies, and 
representatives to local people's congresses, the Communist Party 
continued to control appointments to positions of political power.
    According to the Constitution, the National People's Congress (NPC) 
is the highest organ of state power. Formally, it elects the President 
and Vice President, selects the Premier and Vice Premiers, and elects 
the Chairman of the State Central Military Commission. In practice, the 
NPC Standing Committee oversees these elections and determines the 
agenda and procedure for the NPC under the direct authority of the 
CCP's Politburo Standing Committee. The NPC does not have the power to 
set policy or remove Government or Party leaders.
    Under the 1987 Organic Law of Village Committees and its 1998 
amendments, all of the country's approximately 1 million villages were 
expected to hold competitive, direct elections for subgovernmental 
village committees. Beginning in 1987, rural citizens voted directly 
for their local village committees, which were not considered 
government bodies. Most provinces already have held four or five rounds 
of village committee elections, according to the Ministry of Civil 
Affairs. Foreign observers who have monitored local village committee 
elections judged the elections they observed, on the whole, to have 
been fair. However, the Government estimated that one-third of all 
elections had serious procedural flaws. Corruption and interference by 
township level and Party officials continued to be a problem in some 
cases.
    The 1979 Election Law governs elections of legislative bodies at 
all levels. Under this law, citizens have the opportunity to vote for 
local people's congress representatives at the county level and below, 
although in most cases the nomination of candidates in those elections 
was strictly controlled. People's congress delegates above the county 
level are selected by legislators at the level below. For example, 
provincial-level people's congresses select delegates to the NPC. 
Beginning in late 2002, a practice began of naming local Communist 
Party secretaries to concurrently serve as the head of the local 
people's congress. This move dramatically strengthened Party control 
over these legislatures.
    Although the Party controls appointments of officials to government 
and Party positions at all levels, some township, county, and 
provincial elections featured experiments with increased competition, 
including self-nomination of candidates, campaign speeches by 
candidates, public vetting of nominees, and a two-tiered indirect 
election system. In October, the Election Law was amended to permit 
preliminary elections to establish the list of candidates for direct 
elections in certain, limited situations.
    The CCP retained a monopoly on political power and forbade the 
creation of new political parties. The Government continued efforts to 
suppress the China Democracy Party (CDP), an opposition party that had 
attracted hundreds of members nationwide within a few months of its 
founding in 1998. Public security forces had previously arrested nearly 
all of the CDP's leaders: Xu Wenli, Wang Youcai, and Qin Yongmin were 
sentenced in 1998 to prison terms of 13, 12, and 11 years, 
respectively. Xu Wenli and Wang Youcai were released on medical parole 
to the United States in December 2002 and March 2004, respectively, but 
Qin remained in prison. At the time of the 16th Party Congress in 2002, 
authorities targeted many remaining activists for signing an open 
letter calling for political reform and a reappraisal of the official 
verdict on the 1989 Tiananmen massacre (see Section 1.d.). More than 40 
current or former CDP members remained imprisoned or held in 
reeducation-through-labor camps during the year, including Zhao 
Changqing, Sang Jiancheng, He Depu, Yao Zhenxiang, Han Lifa, Dai 
Xuezhong, and Jiang Lijun. In December, Zhejiang and Jiangsu Province 
activists were interrogated and a few, including Yang Tianshui and Wang 
Rongqing, were detained after they publicly proposed that the NPC draft 
a political party law.
    Freedom of information regulations were enacted in many locations 
during the year, aimed at improving the public's communication with and 
supervision over local government initiatives. In Wuhan, freedom of 
information regulations were used in August to force a state-owned 
enterprise (SOE) to provide a laid-off worker with information about 
SOE restructuring. In July, a lawsuit was filed in Shanghai to force a 
local land office to comply with a citizen's request for information. 
The Government experimented with other forms of public oversight of 
government, including telephone hotlines and complaint centers, 
administrative hearings, increased opportunity for citizen observation 
of government proceedings, and other forms of citizen input in the 
local legislative process, such as hearings to discuss draft 
legislation. For example, citizen feedback was an important factor in 
selecting the site for a new airport in Hubei Province. Most major 
cities have introduced at least one of these mechanisms for citizens to 
provide input and feedback on government performance. The experiments 
have been generally well-received by the public.
    Corruption remained an endemic problem. According to the Auditor 
General, embezzlement and misuse of public funds affected 75 percent of 
commissions and ministries under the State Council and accounted for 
approximately $170 million (RMB 1.4 billion) missing from the Central 
Government's 2003 budget. Transparency International continued to rank 
China among the worst countries in the world for bribery. Economists 
estimated that the cost of corruption may exceed 14 percent of gross 
domestic product.
    The courts and Party agencies took disciplinary action against some 
public and Party officials during the year. According to the Supreme 
People's Procuratorate (SPP), prosecutors at all levels in 2003 
investigated 39,562 cases of abuse of official power involving 43,490 
individuals. They prosecuted 22,761 cases involving 26,124 individuals. 
From January to November, prosecutors investigated 42,258 officials, up 
one percent from 2003. During the 5-year period ending in 2002, 83,308 
public officials were convicted for graft or bribery, a 65 percent 
increase over the previous 5-year period, according to the Supreme 
People's Court (SPC). In April 2003, the Minister of Supervision 
reported that 860,000 corruption cases were filed against Party members 
from 1997 to 2002, resulting in more than 137,000 expulsions and 
disciplinary action in more than 98 percent of cases. The Party's 
Central Discipline and Inspection Commission (CDIC) reported that 
174,580 officials at various levels were disciplined for breaking laws 
and Party discipline in the period from December 2003 to November 2004. 
Of those, 8,691 lost Party membership and were prosecuted, according to 
state media reports. In some cases, the CDIC reportedly acted as a 
substitute for sanctions by the courts and other legal agencies.
    During the year, citizens seeking to petition the Central 
Government for redress of grievances faced harassment, detention, and 
incarceration. Tens of thousands of citizens sought to redress 
grievances through petitions to the Central Government. Among them, Mao 
Hengfeng, a Shanghai housing activist and organizer, was sentenced in 
April to 18 months in a reeducation-through-labor facility for staging 
``disorderly visits'' to government offices in support of her petition 
efforts. In August, two women were sentenced to 3 years reeducation 
after they and four others climbed atop a building near the central 
Zhongnanhai compound and threatened to commit suicide to protest the 
Government's neglect of their petitions. In August, Beijing-based 
petitioner leader Ye Guozhu was arrested for planning to hold a rally 
to protest forced evictions. He was tried in November, but the outcome 
of the trial was not available by year's end.
    During the year, Central Government officials stated that 
provincial cadres would be evaluated, in part, on the number of 
petitions to Beijing coming from their provinces. This initiative aimed 
to improve accountability by provincial officials and to encourage them 
to resolve those complaints deemed legitimate. While a few cases were 
favorably resolved, most petitions languished. In some cases, 
provincial officials of ``Letters and Visits'' offices and local police 
pursued petitioners to Beijing and forcibly returned them to their home 
provinces. Such detentions often went unrecorded. In November 2003 and 
March 2004, Jiang Meili, the wife of imprisoned Shanghai housing 
attorney Zheng Enchong, was pursued to Beijing, abducted, and forced 
back to Shanghai by local ``Letters and Visits'' officials. She was 
seeking legal opinions from Beijing scholars and attorneys to support 
her husband's appeal of a 2003 conviction for ``disclosing state 
secrets'' in Shanghai housing disputes. In Hebei Province's Tangshan 
County, over 11,000 people signed a petition protesting corruption over 
land distribution and demanding recall of the local party secretary. 
When petition leader Zhang Youren carried the petition to Beijing in 
March, he was detained and forced back to Tangshan, where he was 
released. In July, Zhang was detained again. In the period before a key 
Party meeting in September, authorities rounded up thousands of the 
approximately 50,000 homeless petitioners living in temporary shanties 
known as Beijing's ``petitioners village.'' Many were forcibly returned 
to their home provinces. In December, Liaoning Province resident Qu 
Huiqian was detained at the State Council complaints office in Beijing 
while petitioning for her father's right to free housing as a retired 
military official. According to published reports, she was beaten 
unconscious by local officials from Liaoning Province and left in a 
ditch in Beijing. Hundreds of petitioners were also reportedly detained 
in sports stadiums or forced back to their home provinces at the time 
of the March NPC session. Some were reportedly sent to psychiatric 
facilities.
    The Government placed no special restrictions on the participation 
of women or minority groups in the political process. However, women 
still held few positions of significant influence at the highest rungs 
of the Party or government structure. There was one woman on the 24-
member Politburo; she concurrently held the only ministerial post (out 
of 28) occupied by a woman. There was also one woman among the five 
State Councilors. The head of a key Communist Party organization, the 
United Front Work Department, was a woman. In the country's 28 
ministries, only 14 women served at the level of vice minister or 
higher. Women freely exercised their right to vote in village committee 
elections, but only a small fraction of elected members were women. As 
of the end of 2003, there were 12.3 million female Party members, 
making up over 18 percent of the 66.4 million members of the Communist 
Party. Women constituted 20.2 percent of the NPC and 13.2 percent of 
the NPC Standing Committee. The 16th Party Congress in 2002 elected 27 
women to serve as members or alternates on the 198 person Central 
Committee, a slight increase over the total of the previous committee.
    Minorities constituted 14 percent of the NPC, although they made up 
approximately 9 percent of the population. All of the country's 55 
officially recognized minority groups were represented in the NPC 
membership. The 16th Party Congress elected 35 members of ethnic 
minorities to serve as members or alternates on the Central Committee 
and one ministerial-level post was held by an ethnic minority. However, 
minorities held few senior Party or government positions of significant 
influence.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    The Government did not permit independent domestic NGOs to monitor 
openly or to comment on human rights conditions. It was difficult to 
establish an NGO, and the Government tended to be suspicious of 
independent organizations; most existing NGOs were quasi-governmental 
in nature and were closely controlled by government agencies (see 
Section 2.b.). However, an informal network of dissidents in cities 
around the country has become a credible source of information about 
government actions taken against activists. The information was 
disseminated outside of the country through organizations such as the 
Hong Kong-based Information Center for Human Rights and Democratic 
Movement in China and the New York-based Human Rights in China.
    The press regularly printed articles about officials who exceeded 
their authority and infringed on citizens' rights. However, the 
Government remained reluctant to accept criticism of its human rights 
record by other nations or international organizations and criticized 
reports by international human rights monitoring groups, claiming that 
such reports were inaccurate and interfered with the country's internal 
affairs. Individuals were charged with and often convicted of 
``disclosing state secrets'' during the year after passing information 
to human rights NGOs based abroad (see Sections 1.c. and 2.a.). The 
Government maintained that there were legitimate, differing approaches 
to human rights based on each country's particular history, culture, 
social situation, and level of economic development. The Government 
established the China Society for Human Rights, a ``nongovernmental'' 
organization whose mandate was not to monitor human rights conditions, 
but to defend the Government's views and human rights record.
    The Government had active human rights dialogues with Australia, 
Canada, Germany, Hungary, Japan, Mexico, Norway, Switzerland, the 
United Kingdom, and the European Union. In March, the Government 
announced that it was suspending its human rights dialogue with the 
United States in reaction to the U.S. decision to table a resolution 
critical of the country's human rights record at the U.N. Commission on 
Human Rights 2004 session. The U.S. did not agree to schedule a new 
round of dialogue with China because of the lack of sufficient concrete 
results from the last round, held in December 2002. The Government also 
terminated some legal reform cooperation with the United States and 
U.S.-supported organizations.
    The Government continued its unofficial dialogue on human rights 
and prisoner issues with a San Francisco-based human rights group. 
Visits by the group's exective director, including a prison visit, 
occurred during the year.
    In September, members of the U.N. Working Group on Arbitrary 
Detention visited Beijing, Sichuan Province, and the TAR (see Section 
1.d.). The Government agreed to invite the U.N. Special Rapporteur on 
Torture and the U.N. Special Rapporteur on Religious Intolerance, but 
those visits did not take place by year's end. The Government also 
extended an invitation to the leaders of the U.S. Commission on 
International Religious Freedom, but the visit did not occur due to 
restrictive conditions that the Government placed on the visit.
Section 5. Discrimination, Societal Abuse, and Trafficking in Persons
    There were laws designed to protect women, children, persons with 
disabilities, and minorities. However, in practice, some societal 
discrimination based on ethnicity, gender, and disability persisted.

    Women.--Violence against women was a significant problem. There was 
no national law criminalizing domestic violence, but Articles 43 and 45 
of the Marriage Law provide for mediation and administrative penalties 
in cases of domestic violence. Over 30 provinces, cities, or local 
jurisdictions have passed legislation specifically to address domestic 
violence. According to a survey by the All-China Women's Federation, 16 
percent of women had been beaten by their husbands. In 2002, women's 
federations at all levels received 36,600 complaints about family 
violence, up nearly 40 percent over the previous year, while the number 
of letters received complaining of family violence was nearly 30,000, 
up nearly 30 percent. Two-thirds of children were victims of family 
violence during their lives, according to the China Society for Human 
Rights. Actual figures were believed to be higher because spousal abuse 
still went largely unreported. According to experts, domestic abuse was 
more common in rural areas than in urban centers. In response to 
increased awareness of the problem of domestic violence, there were a 
growing number of shelters for victims. Rape is illegal, and some 
persons convicted of rape were executed. The law does not expressly 
recognize or exclude spousal rape.
    The Central Government prohibits the use of physical coercion to 
compel persons to submit to abortion or sterilization. However, intense 
pressure to meet birth limitation targets set by government regulations 
(see Section 1.f.) has resulted in instances of local birth planning 
officials reportedly using physical coercion to meet government goals. 
In addition, women faced a disproportionate burden due to the 
government's enforcement of its birth limitation laws and practices, 
which require the use of birth control methods (particularly IUDs and 
female sterilization, which according to government statistics 
accounted for over 80 percent of birth control methods employed) and 
the abortion of certain pregnancies.
    According to expert estimates, there were 1.7 to 5 million 
commercial sex workers in the country. The increased commercialization 
of sex and related trafficking in women trapped thousands of women in a 
cycle of crime and exploitation and left them vulnerable to disease and 
abuse. According to the official Xinhua News Agency, one in five 
massage parlors in the country was involved in prostitution, with the 
percentage higher in cities. A 2004 Guangdong Province survey found 
that 74.2 percent of massage parlor workers were involved in 
prostitution. Unsafe working conditions were rampant among the saunas, 
massage parlors, clubs, and hostess bars that have sprung up in large 
cities. Research indicated that up to 80 percent of prostitutes in some 
areas had hepatitis. In light of this and, in particular, of the 
growing threat of AIDS among sex workers, the U.N. Convention on the 
Elimination of Discrimination Against Women Committee in 1998 
recommended that due attention be paid to health services for female 
prostitutes.
    Although the Central Government and various provincial and local 
governments have attempted to crack down on the sex trade, there have 
been numerous credible reports in the media of complicity in 
prostitution by local officials. Actions to crack down on this 
lucrative business, which involved organized crime groups and 
businesspersons as well as the police and the military, had limited 
results. In August, an investigation of prostitution at entertainment 
facilities in Guangdong Province led to the permanent closure of 15 
percent and temporary closure of another 40 percent of the facilities 
investigated, according to state-run media. There have been instances 
in which persons involved in organizing and procuring prostitutes have 
been prosecuted.
    No statute outlaws sexual harassment in the workplace, and the law 
does not specifically define sexual harassment. In 2003, Beijing courts 
accepted and issued judgments in their first sexual harassment cases. 
There was no reliable data about the extent of sexual harassment, and 
the law did not specifically define sexual harassment. Experts 
suggested that many victims of sexual harassment did not report it out 
of fear of losing their jobs, but awareness was growing. State media 
reported that a television series on sexual harassment aired on many 
channels.
    The Government has made gender equality a policy objective since 
1949. The Constitution states that ``women enjoy equal rights with men 
in all spheres of life.'' The Law on the Protection of Women's Rights 
and Interests provides for equality in ownership of property, 
inheritance rights, and access to education. Policies that once 
allotted work unit housing only to the husband in a couple have become 
gender-neutral, and an April Supreme Court interpretation emphasized 
that housing rights are shared equally, even in cases of divorce. 
Nonetheless, many activists and observers increasingly were concerned 
that the progress that has been made by women over the past 50 years 
was being eroded. They asserted that the Government appeared to have 
made the pursuit of gender equality a secondary priority as it focused 
on economic reform and political stability.
    The Law on the Protection of Women's Rights and Interests was 
designed to assist in curbing gender-based discrimination. However, 
women continued to report that discrimination, sexual harassment, 
unfair dismissal, demotion, and wage discrepancies were significant 
problems. Efforts have been made by social organizations as well as by 
the Government to educate women about their legal rights, and there was 
anecdotal evidence that women increasingly were using laws to protect 
their rights.
    Women's networks, involving lawyers, activists, and the press, were 
active in Beijing, Shanghai, and other cities, highlighting problems 
and calling for solutions to gender-based discrimination.
    Nevertheless, women frequently encountered serious obstacles to the 
enforcement of laws. According to legal experts, it was very hard to 
litigate a sex discrimination suit because the vague legal definition 
made it difficult to quantify damages. As a result, very few cases were 
brought to court. Some observers also noted that the agencies tasked 
with protecting women's rights tended to focus on maternity-related 
benefits and wrongful termination during maternity leave rather than on 
sex discrimination, violence against women, and sexual harassment.
    The All China Women's Federation reported that 47 percent of laid-
off workers were women, a percentage significantly higher than their 
representation in the labor force. Many employers preferred to hire men 
to avoid the expense of maternity leave and childcare, and some even 
lowered the effective retirement age for female workers to 40 years of 
age (the official retirement age for men was 60 years and for women 55 
years). Lower retirement ages also had the effect of reducing pensions, 
which generally were based on years worked. Some employers required 
that women be below the age of 30 to qualify for certain jobs.
    The law provides for equal pay for equal work. However, a 1999 
Government survey found that urban women were paid only 70.1 percent of 
what men received for the same work, while women in rural areas 
received only 59.6 percent of male peasants' incomes. Average incomes 
of female executives and senior professionals were only 57.9 percent 
and 68.3 percent of their male colleagues' salaries. Women have borne 
the brunt of the economic reform of state owned enterprises. Most women 
employed in industry worked in lower skilled and lower paid jobs and in 
sectors, such as textiles, which were particularly vulnerable to 
restructuring and layoffs. Women accounted for 60 percent of those 
below the poverty line in the country.
    UNESCO reported during the year that less than 2 percent of women 
between the ages of 15-24 were illiterate, adding that 15 percent of 
women 15 years and older were illiterate. The female illiteracy rate 
was double that for men. Official government statistics claimed that 
the illiteracy rate among women ages 15-40 was 4.2 percent.
    A high female suicide rate continued to be a serious problem. Many 
observers believed that violence against women and girls, 
discrimination in education and employment, the traditional preference 
for male children, the country's birth limitation policies, and other 
societal factors contributed to the especially high female suicide 
rate.
    While the gap in the education levels of men and women was 
narrowing, men continued to constitute a disproportionate number of the 
relatively small percentage of the population that received a 
university-level education. According to figures released by the All-
China Women's Federation, in 2002 women made up 44.0 percent of 
university students and 46.7 percent of all high school students. 
However, women with advanced degrees reported an increase in 
discrimination in the hiring process as the job distribution system 
opened up and became more competitive and market driven. According to 
Government statistics, 98.5 percent of girls nationwide were enrolled 
in elementary school, but it was widely believed that the proportion of 
girls attending school in rural and minority areas was far smaller than 
in cities.

    Children.--The Constitution prohibits maltreatment of children and 
provides for compulsory education. The country has outlawed child labor 
and trafficking in children, but serious problems in those areas 
persisted.
    The Constitution provides for 9 years of compulsory education for 
children, but in economically disadvantaged rural areas, many children 
did not attend school for the required period and some never attend. 
Public schools were not allowed to charge tuition, but after the 
Central Government largely stopped subsidizing primary education in the 
early 1990s, many public schools began to charge mandatory fees to meet 
revenue shortfalls. Such fees made it difficult for poorer families to 
send their children to school or to send them on a regular basis. Some 
charitable schools have opened in recent years in rural areas, but not 
enough to meet demand. Children of migrant workers in urban areas also 
often had difficulty attending school. For these families, excessive 
school fees were a significant problem. The Government campaign for 
universal primary school enrollment by 2000 (which was not met) helped 
to increase enrollment in some areas. It also reportedly led some 
school officials to inflate the number of children actually enrolled.
    In 2003, the U.N. Special Rapporteur on the Right to Education 
visited the country. Following the visit, the Special Rapporteur 
reported that the Government failed to provide education to many 
children of migrant workers and prohibitted children from receiving 
religious education. The Special Rapporteur expressed serious concern 
about the recent privatization of the costs of public education, 
reporting that the Government compels parents to pay nearly half the 
costs of public education, making education inaccessible to many 
children. The Special Rapporteur also recommended the immediate 
prohibition of the practice of children performing manual labor at 
their schools to raise funds.
    An extensive health care delivery system has led to improved child 
health and a continued decline in infant mortality rates. According to 
the 2000 Census, the infant mortality rate was 28.4 per 1,000. 
According to UNICEF statistics, the mortality rate for children under 5 
years of age was 37 per 1,000 live births. The Law on the Protection of 
Juveniles forbids infanticide; however, there was evidence that the 
practice continued. According to the National Population and Family 
Planning Commission, only a handful of doctors have been charged with 
infanticide under this law. The law prohibits discrimination against 
disabled minors and codifies a variety of judicial protections for 
juvenile offenders. The physical abuse of children can be grounds for 
criminal prosecution.
    Despite government efforts to prevent kidnapping and the buying and 
selling of children, these problems persisted in some rural areas, and 
children also were trafficked for labor purposes (see Section 5, 
Trafficking).
    In 2004, Guangzhou and Chengdu cities established the country's 
first specialized juvenile courts designed to protect minors' rights 
and interests. Authorities arrested 69,780 juveniles in 2003 and 
approximately 19,000 juveniles were incarcerated in formal prisons. 
Abolition of the system of custody and repatriation in 2003 (see 
Section 1.c.) reduced the number of children detained administratively. 
Nonetheless, more than 150,000 homeless ``street children'' lived in 
cities, according to state-run media. Many did not live with their 
parents and survived by begging. Juveniles were required by law to be 
held separately from adults except when facilities were insufficient. 
In practice, children sometimes were detained without their parents, 
held with adults, and required to work (see Sections 1.d. and 6.c.).
    In 2003, 3-year-old Li Siyi starved to death at home in Chengdu, 
Sichuan Province, after police detained her mother for stealing two 
bottles of shampoo and reportedly ignored the mother's pleas to check 
on the girl. On August 19, two police officers were convicted of 
dereliction of duty in the case and sentenced to 2 and 3 years in 
prison.
    Female infanticide, sex-selective abortions, and the abandonment 
and neglect of baby girls remained problems due to the traditional 
preference for sons and the birth limitation policy (see Section 1.f.). 
Many families, particularly in rural areas, used ultrasound to identify 
female fetuses and terminate pregnancies. An official study in Hainan 
Province found that 68 percent of abortions were of female fetuses. In 
a 2002 survey, 35 percent of women in one rural township admitting to 
having an abortion because of preference for a male child. Official 
figures from November 2000 put the overall male-female sex ratio at 
birth at 116.9 to 100 (as compared to the statistical norm of 106 to 
100). For second births, the ratio was 151.9 to 100. Female babies also 
suffered from a higher mortality rate than male babies, contrary to the 
worldwide trend. State media reported that infant mortality rates in 
rural areas were 27 percent higher for girls than boys. Neglect of baby 
girls was one factor in their lower survival rate. One study found the 
differential mortality rates were highest in areas where women had a 
lower social status and economic and medical conditions were poor.
    The Law on the Protection of Juveniles forbids the mistreatment or 
abandonment of children. According to the latest available figures, 
compiled in 1994, the number of children abandoned annually was 
approximately 1.7 million, and the number may have grown over the 
subsequent decade despite the fact that, under the law, child 
abandonment is punishable by a fine and a 5-year prison term. The vast 
majority of children in orphanages were female, although some were 
males who were either disabled or in poor health. Medical professionals 
frequently advised parents of children with disabilities to put the 
children into orphanages.
    The Government denied that children in orphanages were mistreated 
or refused medical care but acknowledged that the system often was 
unable to provide adequately for some children, particularly those with 
serious medical problems. A 1997 revision of the adoption law made it 
easier for couples to adopt. However, adopted children were counted 
under the birth limitation regulations in most locations. As a result, 
couples who adopted abandoned baby girls, for example, were sometimes 
barred from having additional children.

    Trafficking in Persons.--The law prohibits trafficking in women and 
children; however, trafficking in persons and the abduction of women 
for trafficking remained serious problems. The country was both a 
source and destination country for trafficking in persons. Most 
trafficking was internal for the purpose of providing lower middle 
income farmers with brides or sons. Some cases involved trafficking of 
women and girls into forced prostitution in urban areas, and some 
reports suggested that certain victims, particularly children, were 
sold into forced labor.
    Internal trafficking was a significant problem. The Ministry of 
Public Security estimated that at least 9,000 women and 1,000 children 
were kidnapped and sold illegally each year.
    Some experts suggested that the demand for abducted women was 
fueled by the shortage of marriageable brides, particularly in rural 
areas. The serious imbalance in the male-female sex ratio at birth, the 
tendency for many village women to leave rural areas to seek 
employment, and the cost of traditional betrothal gifts all made 
purchasing a bride attractive to some poor rural families. Some 
families recruited brides from economically less advanced areas. Others 
sought help from criminal gangs, which either kidnapped women and girls 
or tricked them by promising them jobs and an easier way of life and 
then transporting them far from their home areas for delivery to 
buyers. Once in their new ``family,'' these women were ``married'' and 
raped. Some accepted their fate and joined the new community; others 
struggled and were punished.
    There were reports that women and girls from Burma, Laos, North 
Korea, Vietnam, and Russia were trafficked into the country either to 
work in the sex trade or to be forced to marry Chinese men. Past 
reports noted that trafficking of North Korean women and girls into the 
country to work in the sex industry was reportedly widespread in the 
northeastern part of the country, but reliable sources suggested that 
the practice has decreased. According to press reports, North Korean 
brides were sold for approximately $38 to $150 (RMB 315 to RMB 1,245). 
Women reportedly also were trafficked from Vietnam into the country for 
the purpose of forced marriage.
    Citizens were trafficked from the country for sexual exploitation 
and indentured servitude in domestic service, sweatshops, restaurants, 
and other services. There were reports that citizens were trafficked to 
Australia, Belgium, Burma, Canada, Hungary, Italy, Japan (illegal 
immigrants held in debt bondage), Malaysia, the Netherlands (for the 
purpose of sexual exploitation), Singapore, Sri Lanka (for sexual 
exploitation), Taiwan, the United Kingdom (for sexual exploitation), 
and the United States.
    At times, trafficked persons became entangled with alien smuggling 
rings, which often had ties to organized crime and were international 
in scope. Persons trafficked by alien smugglers paid high prices for 
their passage to other countries, where they hoped that their economic 
prospects would improve. There were credible reports that some promised 
to pay from $30,000 to $50,000 (RMB 248,000 to 415,000) each for their 
passage. Upon arrival, many reportedly were forced to repay the 
traffickers for the smuggling charges by working in specified jobs for 
a set period of time. They often also were forced to pay charges for 
living expenses out of their meager earnings. The conditions under 
which these trafficked persons had to live and work were generally 
poor, and they were often required to work long hours. The smuggling 
rings that trafficked them often restricted their movements and 
confiscated their often fraudulent travel documents. Victims of 
trafficking faced threats of being turned in to the authorities as 
illegal immigrants and threats of retaliation against their families at 
home if they protested the situation in which they found themselves. 
Persons who were trafficked from the country and then repatriated 
sometimes faced fines for illegal immigration upon their return; after 
a second repatriation, such persons could be sentenced to reeducation 
through labor. Alien smugglers were fined $6,000 (RMB 49,600), and most 
were sentenced to up to 3 years in prison; some have been sentenced to 
death.
    Kidnapping and the buying and selling of children continued to 
occur, particularly in poorer rural areas. There were no reliable 
estimates of the number of children trafficked. Domestically, most 
trafficked children were sold to couples unable to have children; in 
particular, boys were trafficked to couples unable to have a son. 
During the year, media reported arrests in the case of 76 baby boys 
sold in Hohhot, Inner Mongolia, and a case of 200 children, mostly 
boys, who were kidnapped in Kunming, Yunnan Province. However, baby 
girls also were trafficked. During the year, 52 people were convicted 
in a March 2003 case in which 28 girls were found packed in suitcases 
on a bus from Yulin, Guangxi Province. The babies were purchased in 
Yulin for $24 (RMB 200) to be resold for $240 to $360 (RMB 1992 to RMB 
2988) to families in Anhui and Henan Provinces to work or serve as 
child brides. The oldest was 5 months of age; one baby died en route. 
Two leaders of the ring were sentenced to death. Children were also 
trafficked for labor purposes. Children trafficked to work usually were 
sent from poorer interior areas to relatively more prosperous areas; 
traffickers reportedly often enticed parents to relinquish their 
children with promises of large remittances that their children would 
be able to send to them.
    The purchase of women was not criminalized until 1991, with the 
enactment of the NPC Standing Committee's ``Decision Relating to the 
Severe Punishment of Criminal Elements Who Abduct and Kidnap Women and 
Children.'' This decision made abduction and sale separate offenses.
    Arrests of traffickers have decreased from the peak in 2000, when a 
nationwide crackdown was initiated. That year, more than 19,000 persons 
were arrested and more than 11,000 were sentenced to punishments, 
including, in a few cases, the death penalty. In May, two men were 
sentenced to death in Yunnan Province after being convicted of 
trafficking 22 women to Guangdong Province and forcing them into 
prostitution. According to official media reports, from 2001 to 2003, 
police freed more than 42,000 kidnapped women and children. More than 
22,000 suspects were arrested, and police solved 20,360 cases involving 
kidnapped women and children. Official statistics indicate that during 
the year authorities registered 3,343 cases involving trafficking of 
women and children (a 76.2 percent increase from 2002); uncovered 2,966 
new cases of trafficking (an 87.1 percent increase from 2002); and 
rescued a total of 8,949 trafficked women and children (an 18.7 percent 
decrease from 2002). During the year, 5,043 suspects were arrested, and 
3,144 were referred for prosecution. In Guangdong Province alone, 68 
prosecutions were undertaken against traffickers from 2002 to June 2004 
and officials rescued more than 100 children.
    Despite government efforts to eliminate trafficking in women and 
children, the problem persisted. Demand far outstripped the available 
supply, making trafficking a profitable enterprise for those willing to 
risk arrest and prosecution. The Government also continued to struggle 
with the pervasive problem of official corruption (see Section 3). 
There were reports of complicity of local officials in the related 
problem of alien smuggling, as well as reports of the complicity of 
local officials in prostitution, which sometimes involved trafficked 
women. Hong Kong-based media reported in November that a Guangdong 
police official was arrested after allegedly providing thousands of 
visas to prostitutes traveling to Hong Kong and Macao, some of whom had 
reportedly never been to the place of visa issuance. In some cases, 
village leaders sought to prevent police from rescuing women who had 
been sold as brides to villagers.
    Agencies involved in combating trafficking included the MPS, the 
SPC, the SPP, the Ministry of Civil Affairs, the Central Office in 
Charge of Comprehensive Management of Public Order, and the Legislative 
Office of the State Council. It was Central Government policy to 
provide funds to provincial and local police to house victims and 
return them to their homes. Government-funded women's federation 
offices provided counseling on legal rights, including the options for 
legal action against traffickers, to some victims. The All-China 
Women's Federation assisted Chinese victims in obtaining medical and 
psychological treatment.

    Persons With Disabilities.--The law protects the rights of persons 
with disabilities; however, the reality for persons with disabilities 
lagged far behind legal dictates, and many did not receive or have 
access to special assistance or to programs designed to assist them. 
According to the official press, all local governments have drafted 
specific measures to implement the law.
    As attention began to focus on the Special Olympics and Paralympics 
to be held in the country in 2007-08, the press increasingly publicized 
the plight of persons with disabilities and the Government's efforts to 
assist them. State media reported that the Government increased its 
planned 2004 spending on infrastructure improvements for persons with 
disabilities to approximately $15.75 million, up from $12.5 million in 
2003. The Government, at times in conjunction with NGOs such as the 
Lions Club International or the Special Olympics, sponsored a wide 
range of preventive and rehabilitative programs. For example, several 
thousand blind persons have been trained in therapeutic massage. The 
goal of many of these programs was to allow persons with disabilities 
to be integrated into society. However, misdiagnosis, inadequate 
medical care, pariah status, and abandonment remained common problems.
    According to reports, doctors frequently persuaded parents of 
children with disabilities to place their children in large government-
run institutions, often far from the parents, and in which care was 
often seriously inadequate. Those parents who chose to keep children 
with disabilities at home generally faced difficulty in getting 
adequate medical care, day care, and education for their children. 
Government statistics showed that almost one quarter of the 
approximately 60 million persons with disabilities lived in extreme 
poverty. Unemployment among adults with disabilities remained a serious 
problem. The Government's official strategy was to integrate persons 
with disabilities into the mainstream work force, but efforts to do so 
were limited and confronted a cultural legacy of discrimination and 
neglect. Standards adopted for making roads and buildings accessible to 
persons with disabilities were subject to the Law on the Handicapped, 
which calls for their ``gradual'' implementation; compliance with the 
law was lax. Students with disabilities were discriminated against in 
access to education. The Higher Education Law permits universities 
legally to exclude candidates for higher education who have 
disabilities.
    The Maternal and Child Health Care Law forbids the marriage of 
persons with certain specified contagious diseases or certain acute 
mental illnesses such as schizophrenia. If doctors find that a couple 
is at risk of transmitting disabling congenital defects to their 
children, the couple may marry only if they agree to use birth control 
or undergo sterilization. The Population and Family Planning Law 
requires local governments to employ such practices to raise the 
percentage of healthy births.

    National/Racial/Ethnic Minorities.--According to the 2000 census, 
the total population of the country's 55 officially recognized ethnic 
minorities was 106.4 million, or 8.4 percent of the total population. 
In addition to these 55 ethnic minorities and the dominant Han ethnic 
group, some citizens identified themselves as members of unrecognized 
ethnic minorities. Most minority groups resided in the areas they 
traditionally have inhabited. The Government's avowed policy on 
minorities calls for preferential treatment in marriage regulations, 
birth planning, university admission, and employment. Programs have 
been established to provide low interest loans, subsidies, and special 
development funds for minority areas. Nonetheless, in practice, 
minorities faced discrimination by the majority Han culture. Most of 
the minorities in border regions were less educated than the national 
average, and job discrimination in favor of Han migrants remained a 
serious problem. Racial discrimination was the source of deep 
resentment by minorities in some areas, such as Xinjiang, Inner 
Mongolia, and Tibetan areas. For example, ethnic Uighurs in Xinjiang 
did not have equal access to newly created construction jobs associated 
with development projects; Han workers were brought in from Sichuan and 
elsewhere to work, particularly on technical projects such as oil and 
gas pipelines. The Government did not openly recognize racism against 
minorities or tension among different ethnic groups as problems.
    Government development policies have long been in place to improve 
minority living standards. However, while overall standards of living 
for those in minority areas have improved as a result of these 
policies, real incomes in minority areas, particularly for minorities, 
remained well below those in other parts of the country. The majority 
Han Chinese have benefited disproportionately from government programs 
and economic growth, even in minority areas. Many development programs 
have disrupted traditional living patterns of minority groups, and have 
included, in some cases, the forced evacuation of persons (see Section 
2.d.).
    Since 1949, government policy has resulted in a significant 
migration of Han Chinese to Xinjiang. According to a Government White 
Paper released in 2003, approximately 8.25 million of Xinjiang's 19.25 
million official residents were Han Chinese, up from 300,000 Han in 
1949. Approximately 8 million Xinjiang residents were Uighurs. 
Signficant numbers of Kazakhs, Hui, Tajiks, and other minorities also 
lived in Xinjiang. Official statistics underestimated the Han 
population of Xinjiang because the Government did not count as part of 
the official population the thousands of Han who were long-term 
``temporary workers.'' The migration of ethnic Han into Xinjiang in 
recent decades has caused the Han-Uighur ratio in the capital of Urumqi 
to shift from 20:80 to 80:20 and was a source of Uighur resentment. 
According to the 2000 census, non-Tibetan residents of the TAR 
comprised 6 percent of the population, but that figure did not include 
a large number of long-term Han residents. Their presence caused 
resentment among some Tibetans (see Tibet Addendum).
    In many areas with a significant population of minorities, there 
were two-track school systems that used either standard Chinese or the 
local minority language. Students could choose to attend schools in 
either system. However, graduates of minority language schools 
typically needed 1 year or more of intensive Chinese before they could 
handle course work at a Chinese language university. Despite the 
Government's efforts to provide schooling in minority languages, the 
dominant position of standard Chinese in government, commerce, and 
academia put graduates of minority schools who lacked standard Chinese 
proficiency at a disadvantage. The vast majority of Uighur children in 
Xinjiang attended Uighur-language schools and generally received an 
hour's Chinese language instruction per day. During the year, the 
government allocated an additional US$9 million (RMB 74.25 million) to 
promote Chinese-language instruction in Xinjiang.
    The CCP has an avowed policy of boosting minority representation in 
the Government and the CCP, and minorities constituted 14 percent of 
the NPC, which was higher than their percentage in the population. A 
1999 government white paper reported that there were 2.7 million 
minority officials in the Government. The 2003 Government White Paper 
states that there are 348,000 minority cadres in Xinjiang, accounting 
for 51.8 percent of all Party members in the autonomous region. Many 
members of minorities occupied local leadership positions, but few held 
positions of influence in the local Party apparatus or at the national 
level. For example, 63 percent of Xinjiang's deputies to the NPC were 
ethnic minorities. However, in most areas, ethnic minorities were shut 
out of positions of real political and economic power, which fed their 
resentment of Han officials holding the most powerful Party positions 
in minority autonomous regions.
    Tensions between ethnic Han citizens and Uighurs in Xinjiang 
continued, and the authorities continued to restrict political, civil, 
and religious freedoms (see Section 2.c.) in the region. A campaign 
that began in 1997 to stress unity and to condemn ``splittism'' and 
religious extremism showed no signs of abating. During the year, 
authorities continued to prohibit activities they deemed separatist in 
nature, announced tightened security measures, and mounted campaigns to 
crack down on opposition.
    The campaign against separatism in Xinjiang specifically targeted 
the ``three evils'' of extremism, splittism, and terrorism as the major 
threats to Xinjiang's social stability. Because the Government 
authorities in Xinjiang regularly grouped together those involved in 
``ethnic separatism, illegal religious activities, and violent 
terrorism,'' it was often unclear whether particular raids, detentions, 
or judicial punishments targeted those peacefully seeking to express 
their political or religious views or those engaged in violence. Many 
observers raised concerns that the Government's war on terror was being 
used as a pretext for cracking down harshly on Uighurs expressing 
peaceful political dissent and on independent Muslim religious leaders. 
In December 2003, the Government published an ``East Turkestan 
Terrorist List,'' which labelled organizations such as the World Uighur 
Youth Congress and the East Turkestan Information Center as terrorist 
entities. These groups openly advocated East Turkestan independence, 
but with the exception of one group, the East Turkestan Islamic 
Movement (ETIM), there was no available evidence that they advocated 
violence to achieve this goal. The U.N. has designated ETIM a terrorist 
organization.
    Uighurs were sentenced to long prison terms and sometimes executed 
during the year on charges of separatism. During the strike-hard 
campaign, which officially concluded in 2003, authorities stated they 
prosecuted more than 3,000 cases in Xinjiang and held mass sentencing 
rallies attended by more than 300,000 persons. By its own account, the 
Government broke up 22 groups engaged in what it claimed were 
separatist and terrorist activities and meted out 50 death sentences to 
those charged with separatist acts from January to August. In July, two 
Muslim Uighurs reportedly were executed after being convicted in Aksu 
City, Xinjiang, of illegally organizing the East Turkestan People's 
Party and using armed tactics to split the country. Approximately 15 
others were convicted of separatism and sentenced to long prison terms 
in the same case. In October 2003, Uighur Shaheer Ali was executed 
after being convicted of terrorism. He had been repatriated forcibly 
from Nepal in 2002, where he had been interviewed by the UNHCR and 
granted refugee status.
    For many Uighurs, the ongoing imprisonment of Uighur businesswoman 
Rebiya Kadeer symbolized the Government's mistreatment of Uighurs. In 
2000, a Xinjiang court sentenced Kadeer, a former member of the 
provincial-level Chinese People's Political Consultative Conference, to 
8 years in prison on charges of ``passing state intelligence'' to 
foreigners; according to an official press report, the intelligence she 
was accused of passing included newspaper articles and a list of names 
of persons whose cases had been handled by the courts. Kadeer, her son, 
and her secretary were arrested in 1999 while on their way to meet a 
visiting foreign delegation. Kadeer reportedly suffered various health 
problems in prison. Some foreign observers believed Kadeer was singled 
out for her activism on behalf of Uighurs and for her husband's 
involvement with Uighur causes and Radio Free Asia. In March, Kadeer 
received a 1-year sentence reduction for good behavior. The Government 
claimed she had recognized that she was a victim of ``splittism'' and 
remained ``on the side of the Party and the people.'' She was due for 
release in August 2006. On October 18, Uighur Dilkex Tilivaldi was 
detained after meeting a foreign journalist, and his whereabouts 
continued to be unknown.
    Other Uighurs whose work emphasized pride in cultural identity have 
also been harassed and detained by the Government. Writer and 
translator Abdulghani Memetemin was convicted in June 2003 on charges 
of sending state secrets abroad and sentenced to 9 years in prison for 
translating news articles into Chinese from the Uighur language and 
forwarding official speeches to the East Turkestan Information Center. 
In late 2001, the U.N. Working Group on Arbitary Detention ruled that 
Uighur scholar and researcher of Xinjiang's ethnic minorities Tohti 
Tunyaz had been arbitrarily detained. He was sentenced in 1999 to an 
11-year prison term for ``inciting separatism'' and ``illegally 
acquiring state secrets'' and remained in prison at year's end.
    Possession of publications or audiovisual materials discussing 
independence or other sensitive subjects was not permitted, and, 
according to reports, possession of such materials resulted in lengthy 
prison sentences.
    Officials in the region claimed that the campaign against 
separatism was necessary to maintain public order. In March, Xinjiang's 
chairman Ismail Tiliwaldi said the campaign had improved security, 
noting in published reports that, since the start of 2003, there were 
no explosions or assassinations in the region and no tourists were 
killed in Xinjiang.
    Han control of the region's political and economic institutions 
also contributed to heightened tension. Although government policies 
brought tangible economic improvements to Xinjiang, Han residents have 
received a disproportionate share of the benefits. The majority of 
Uighurs were poor farmers, and 25 percent were illiterate. Regulations 
require Uighurs to use Mandarin Chinese characters for their names on 
identification documents.
    In July, Guizhou University Law School dean Yuan Hongbing and 
former colleague Zhao Jing applied for asylum during a business trip to 
Australia. Yuan, an ethnic Mongolian who had been arrested in 1994 for 
dissident writings and political organizing, stated that he had decided 
to remain in Australia in order to publish his writings on the 
situation of ethnic Mongolians and Tibetans. Inner Mongolian cultural 
activist Hada also continued to serve a 15-year sentence during the 
year.
    In October, violence erupted near Zhongmou Township in Henan 
Province after an ethnic Hui taxi driver struck and killed a 6-year-old 
Han girl. Ethnic reciminations followed involving Han and Hui from 
several villages. In the end, dozens from both ethnic groups were 
killed or wounded. The Government closed Zhongmou to outsiders for 
several weeks and imposed a ban on domestic and foreign news reporting 
about the incident. Farmers' rights advocate Li Guozhu was detained in 
November after visiting the area, interviewing locals about the 
violence, and allegedly relaying his findings to foreign journalists.

    Other Societal Abuses and Discrimination.--No laws criminalize 
private homosexual activity between consenting adults. The 1997 
criminal code abolished the crime of ``hooliganism,'' which had 
previously been used to prosecute gay men and lesbians. In 2001, 
medical authorities removed homosexuality from the national diagnostic 
handbook of psychiatric disorders. In May, prohibitions on 
homosexuality were dropped from regulations governing the behavior of 
individuals serving sentences. In July, the country's delegation to the 
15th annual AIDS Conference in Bangkok, Thailand, included 
representatives of an NGO advocating gay rights. Gay men and lesbians 
stated that official tolerance has improved in recent years. However, 
societal discrimination and strong pressure to conform to family 
expectations deter most individuals from publicly discussing their 
sexual orientation.
    During the year, the Government officially outlawed discrimination 
against persons with HIV/AIDS and Hepatitis B under a new Contagious 
Disease Law and adopted regulations forbidding employment 
discrimination against persons with HIV/AIDS and Hepatitis B. However, 
discrimination against persons with HIV/AIDS remained widespread in 
many areas. Hospitals and physicians often refused to treat HIV-
positive patients.
    In February, the Government created the State Council AIDS office, 
putting policy formation regarding the AIDS issue at the highest 
Government level. The Government also introduced the China CARES 
Program, the goal of which was to provide care and treatment to 60,000 
poor, rural people with HIV/AIDS. The program began in 51 pilot 
counties in April and added an additional 76 counties in June. The day 
before World AIDS Day, President Hu Jintao publicly shook hands with an 
AIDS patient and spoke about the need for the country to address the 
disease candidly without stigma. Regulations were also revised to 
permit, for the first time, those with HIV/AIDS and Hepatitis B to work 
as civil servants.
    Information about the number of HIV/AIDS cases in the country 
remained difficult to gather and assess. Officials acknowledged that 
over 1 million citizens were infected with HIV, although the Government 
had not updated its official estimate of 840,000 persons infected.
    Activist Li Dan was beaten and Pan Zhongfeng detained in Shangqiu, 
Henan Province, during a July demonstration protesting closure of an 
AIDS orphanage and school. Henan Province activists Wang Guofeng and Li 
Suzhi claimed they received inadequate treatment while detained and 
that authorities refused to provide them with test results or allow 
them to travel to Beijing to see specialists after they were released 
on bail (see Section 1.c.).
Section 6. Worker Rights
    a. The Right of Association.--The Constitution provides for freedom 
of association. However, in practice, workers were not free to organize 
or join unions of their own choosing. The All-China Federation of Trade 
Unions (ACFTU), which was controlled by the Communist Party and headed 
by a high-level Party official, was the sole legal workers' 
organization. The Trade Union Law gives the ACFTU control over the 
establishment and operation of all subsidiary union organizations and 
activities throughout the country, including enterprise-level unions. 
The Trade Union Law also allows workers to decide whether to join 
official unions in their enterprises. There were no reports of 
repercussions for the small percentage of workers in the state-owned 
sector that had not joined. Independent unions are illegal.
    Although the ACFTU and its constituent unions had a monopoly on 
trade union activity, their influence over the workplace diminished 
with the economic reforms of recent years. ACFTU unions were relatively 
powerless to protect the tens of millions of members who have lost 
their jobs or had their wages or benefits delayed or cut in the massive 
restructuring of state-owned enterprises (SOEs), although, at the 
national level, the ACFTU may provide policy input on these issues. The 
unions have also provided some benefits and reemployment assistance to 
affected workers. The ACFTU had difficulty organizing in the country's 
rapidly growing private and foreign-invested sectors, where union 
membership during the year was estimated to be less than 20 percent. 
With declines in the state-owned sector and organizational weakness 
outside the state sector, the ACFTU's membership declined from nearly 
100 percent of the urban workforce during the height of the planned 
economy to approximately 50 percent in recent years. The ACFTU reported 
a membership of 130 million at the end of 2003, out of an estimated 256 
million urban workers.
    The existence of an enormous rural labor force, some 490 million 
out of a total labor force of approximately 750 million, also 
complicated the organization and protection of workers. Farmers did not 
have a union or any other similar organization. Of some 130 million 
rural residents working in township and village enterprises, only a 
very small percentage were represented by unions. A ``floating'' 
migrant labor force of over 100 to 150 million persons has proven 
especially difficult to organize and protect, although state-run media 
reported that the ACFTU had stepped up a campaign to bring migrant 
workers into the union and that community unions for migrants had been 
established in a number of cities. Some migrants gravitated to 
temporary or seasonal low-wage work in urban areas where their 
household was not registered under the country's ``hukou'' system (see 
Section 2.d.). Many migrants, including substantial numbers of young 
women, were attracted to the growing private sector where unions were 
few and where their desire to earn more than they could in rural areas 
made them easy to exploit.
    The ACFTU has shown some interest in adapting its organization to 
the needs of labor in a market economy. Local ACFTU federations have 
allowed a few limited experiments in more open union elections and 
decision-making. These included freely electing, by secret ballot, the 
leadership of ACFTU affiliated unions at several foreign-owned 
factories in Guangdong and Fujian Provinces in 2002 and 2003, although 
no new elections were reported during the year. At the national level, 
the ACFTU has had input into shaping the country's system of labor laws 
and regulations. In particular, the ACFTU actively pushed amendments to 
the Trade Union Law, passed in 2001, that give greater protection to 
union organizing efforts and legitimize union activity in the private 
sector, including foreign-invested enterprises, and will now allow 
migrant workers to become union members. In September, the ACFTU 
revised its Constitution to provide that the union's basic 
responsibility is to safeguard workers' legitimate rights and 
interests. Despite the ACFTU's stated goals to organize these new 
groups of workers, there had been very limited gains as of year's end.
    During the year, the Government took specific actions against 
illegal union activity, including the detention and arrest of labor 
activists. In April, Chen Kehai and Zhao Yong, workers from the Tieshu 
Textile Factory in Suizhou, Hubei Province, were tried under summary 
proceedings and convicted on charges of disturbing public order for 
their involvement with a labor protest at the factory. A third worker, 
Zhu Guo, reportedly was tried and convicted on charges of assembling a 
crowd to disturb social order. Four other Tieshu workers were sentenced 
to reeducation through labor (see Section 2.b.).
    Other labor activists, detained in previous years, were reportedly 
still in detention at year's end. In May 2003, Yao Fuxin and Xiao 
Yunliang, leaders of a large labor protest in Liaoyang City, Liaoning 
Province, who were detained in March 2002, were sentenced to 7 and 4 
years in prison for subversion, based largely on allegations that they 
had made contact with the CDP in 1998, several years before the workers 
protests. Many observers believed that the sentences were largely in 
retaliation for their role in the labor protests and in exposing 
official corruption. Prison authorities continued to deny the two 
activists' applications for medical parole. Other labor activists 
reportedly still in detention included Hu Mingjun, Wang Sen, Wang 
Miaogen, Zhang Shanguang, Li Wangyang, Li Jiaqing, Miao Jinhong, Ni 
Xiafei, Li Keyou, Liao Shihua, Yue Tianxiang, Guo Xinmin, He Zhaohui, 
Peng Shi, Wang Guoqi, and labor lawyer Xu Jian.
    The country was a member of the International Labor Organization 
(ILO) and had ratified core ILO conventions prohibiting child labor, 
the worst forms of child labor, and discrimination in remuneration 
between male and female workers. At year's end, the Government had not 
ratified other core conventions regarding the right of association, the 
right to collective bargaining, and the prohibition against compulsory 
labor.
    In March 2003, the International Confederation of Free Trade Unions 
(ICFTU) amended an existing complaint to the ILO, adding allegations of 
freedom of association violations in the handling of the Tieshu Textile 
Factory matter. At year's end, the Government had not replied to the 
ILO's communications with respect to this matter.
    The ACFTU had active ties with foreign trade union organizations 
and had a cooperative relationship with the ILO's China office. In 
2002, the ACFTU gained a deputy workers' member seat on the ILO's 
Governing Body, a seat it lost in 1990 during the crackdown following 
the Tiananmen Square massacre. The ICFTU has publicly condemned the 
country for its denial of the right of free association, in particular 
for arresting labor activists. Pursuant to a 2001 Memorandum of 
Understanding with the ILO, the Ministry of Labor and Social Security 
(MOLSS) held the China Employment Forum in April. MOLSS also hosted the 
annual meeting of the International Social Security Association (ISSA) 
in September. On December 3, the Development Research Center of the 
State Council announced that a seminar on Socially Responsible 
Investment was postponed and visas for some participants rescinded. As 
a result, a long-planned visit by the OECD's Trade Union Advisory 
Council did not take place. The ACFTU also cooperated with the U.N. 
Development Program on a program to develop market-based approaches to 
help laid-off workers start their own businesses. Part of the program 
was designed to assist unions to adapt to a new labor relations model.

    b. The Right to Organize and Bargain Collectively.--The Labor Law 
permits collective bargaining for workers in all types of enterprises; 
however, in practice, genuine collective bargaining still did not 
occur. Under the law, collective contracts are to be developed through 
collaboration between the labor union (or worker representatives in the 
absence of a union) and management, and should specify such matters as 
working conditions, wage scales, and hours of work. The law also 
permits workers and employers in all types of enterprises to sign 
individual contracts, which are to be drawn up in accordance with the 
collective contract. The Ministry of Labor and Social Security in 
January promulgated new regulations, which took effect in May, 
governing collective contracts.
    The country's shift toward a market economy and changing labor 
management relations created pressures for collective bargaining that 
would include more genuine negotiations and take workers' interests 
into greater account. The Trade Union Law specifically addresses 
unions' responsibility to bargain collectively on behalf of workers' 
interests. However, given the non-democratic, Party-dominated nature of 
the country's unions, collective bargaining fell far short of 
international standards. Workers had no means to formally approve or 
reject the outcome of collective contract negotiations and, without the 
right to strike, only a limited capacity to influence the negotiation 
process.
    In the private sector, where official unions were few and 
alternative union organizations were unavailable, workers faced 
substantial obstacles to bargaining collectively with management. 
Workplace-based worker committees, serve as the vehicle for worker 
input into state-owned enterprise policies. These weakened during the 
year, and where they existed, the committees were often little more 
than rubber stamps for deals predetermined by enterprise management, 
the union, and the CCP representative.
    The Trade Union Law provides specific legal remedies against anti-
union discrimination and specifies that union representatives may not 
be transferred or terminated by enterprise management during their term 
of office. These provisions were aimed primarily at the private sector, 
where resistance to unions was common. The degree to which these 
provisions were enforced was unknown. Anti-union activity was virtually 
unknown in the state-owned sector.
    Neither the Constitution nor the Labor Law provides for the right 
to strike. The Trade Union Law acknowledges that strikes may occur, in 
which case the union is to reflect the views and demands of workers in 
seeking a resolution of the strike. Some observers interpreted this 
provision to offer at least a theoretical legal basis for the right to 
strike. However, the Government continued to treat worker protests as 
illegal demonstrations, indicating that there was still no officially 
accepted right to strike. In addition, no other types of planned worker 
action were allowed.
    During the year, the profound economic and social changes affecting 
workers continued to produce labor-related disputes and worker actions 
(see Section 2.b.). Most worker protests involved actual and feared job 
losses, wage or benefit arrears, allegations of owner/management 
corruption, or worker dissatisfaction with new contracts offered in 
enterprise restructuring. The Government took swift action to halt 
protests. Police detained protest leaders and dispersed demonstrations. 
In some cases, management, often at the direction of the Government, 
subsequently offered payments that met at least a portion of 
protesters' demands. The most noteworthy recent labor protests involved 
thousands of organized workers and sympathizers demonstrating in 
Liaoyang, Liaoning Province, in 2002. The workers protested alleged 
corruption in the closure of a major local SOE, the loss of jobs, and 
wage and benefit irregularities. Two protest leaders, Yao Fuxin and 
Xiao Yunliang, were convicted on subversion charges and sentenced in 
May 2003 (see Section 6.a.). After the protests, the former manager of 
the SOE was convicted of smuggling. The local Government fired 
Liaoyang's police chief and demoted a top Party official in the city. 
During the year, worker protests also occurred at private companies. In 
March and April, significant strikes occurred at factories of Stella 
International in Dongguan, Guangdong Province. A series of incidents of 
unrest, including strikes, ended in the detention of over 75 workers on 
charges of destruction of property, including three workers under age 
18. Ten workers were convicted of destruction of property in the 
incidents but were released on December 31 as a result of court action 
that either suspended their sentences or lifted criminal sanctions.
    The Labor Law provides for mediation, arbitration, and court 
resolution of labor disputes. Under these procedures, cases are to be 
dealt with first in the workplace, through a mediation committee, then, 
if unresolved, through a local arbitration committee under government 
sponsorship. If no solution is reached at this level, the dispute may 
be submitted to the courts. According to the Ministry of Labor and 
Social Security, 134,700 disputes involving 477,000 workers were 
submitted to arbitration during the first half of the year. The 
Ministry's yearly statistical report stated that 226,391 disputes 
involving 800,000 workers were handled during the year, increases of 
approximately 22.8 percent and 31.7 percent, respectively, over the 
previous year. The vast majority of cases, 223,503 (98 percent) were 
resolved. Of these, 67,765 cases (30 percent) were resolved by 
mediation, 95,774 (43 percent) were resolved by arbitration and 59,954 
(27 percent) were resolved by other means. In 2002, 10,823 (4.7 
percent) of total cases were collective labor disputes.
    Observers differed over the effectiveness of these dispute 
resolution procedures. Workers reportedly had little trust in the 
fairness of workplace mediation. They viewed unions, which played a 
major mediation role, as inclined to favor management. Workers favored 
arbitration over workplace mediation, although they often looked with 
suspicion on the local government role in the process. There appeared 
to be increasing recognition, including among government officials, 
that some aspects of the dispute resolution system needed revision.
    Laws governing working conditions in Special Economic Zones (SEZs) 
were not significantly different from those in effect in the rest of 
the country. Lax enforcement of these laws by provincial and local 
officials was a serious problem in the SEZs, as in other parts of the 
country. Wages in the SEZs and in the southeastern part of the country 
generally were higher for some categories of workers. Officials 
acknowledged that some investors in the SEZs were able to negotiate 
``sweetheart'' deals with local partners that bypassed labor 
regulations requiring the provision of benefits and overtime 
compensation. Some foreign businesses in the SEZs had ACFTU-affiliated 
unions, and management reported positive relations with union 
representatives, in part because the ACFTU discouraged strikes and work 
stoppages.

    c. Prohibition on Forced or Compulsory Labor.--The law prohibits 
forced and compulsory labor, and the Government denied that forced or 
compulsory labor was a problem; however, forced labor was a serious 
problem in penal institutions. Citizens were consigned without judicial 
process to nal labor institutions (see Section 1.c.) that, by law and 
policy, utilized labor as a means of reform and reeducation. 
Reeducation-through-labor detainees and prisoners and pretrial 
detainees in the regular prison system were required to work, often 
with little or no remuneration. Diplomatic observers generally were 
unable to gain access to reform institutions to evaluate allegations 
about the treatment of prisoners. In some cases, prisoners worked in 
facilities directly connected with penal institutions; in other cases, 
they were contracted to nonprison enterprises. Facilities and their 
management profited from inmate labor.
    In 1992, the U.S. and Chinese Governments signed a memorandum of 
understanding (MOU), followed by an implementing statement of 
cooperation (SOC) in 1994. These agreements expressed the intention of 
the governments to cooperate to ensure that prison-made products were 
not exported to the United States. Chinese cooperation under the MOU 
and SOC improved during the year. Regular monthly working-level 
meetings were held from December 2003 through the end of the year. 
Visits to three prison-related facilities were conducted in February, 
July and December, and the cases related to these facilities were 
closed. At year's end, the backlog of cases remained substantial. The 
Government continued to explicitly exclude from the agreements reform- 
and reeducation through labor institutions.
    The Government prohibits forced and bonded labor by children, but 
some child trafficking victims were reportedly sold into forced labor 
(see Section 5).

    d. Prohibition of Child Labor and Minimum Age for Employment.--The 
law prohibits the employment of children under the age of 16, but the 
Government had not adopted a comprehensive policy to combat child 
labor. The Labor Law specifies administrative review, fines, and 
revocation of business licenses of those businesses that illegally hire 
minors. The law also stipulates that parents or guardians should 
provide for children's subsistence. Workers between the ages of 16 and 
18 were referred to as ``juvenile workers'' and were prohibited from 
engaging in certain forms of physical work, including labor in mines.
    The Government continued to maintain that the country did not have 
a widespread child labor problem and that the majority of children who 
worked did so at the behest of their families, particularly in 
impoverished rural areas, to supplement family income. Child workers in 
rural areas appeared to work primarily in township and village 
enterprises and in agriculture. In urban areas, they often worked as 
menial and street laborers. State-run media reported on children 
working at a Tianjin knitting mill and, in 2003, on children working at 
a handicrafts company in Fuzhou, in factories in Shanghai and 
Guangzhou, and in a hotel in Anhui Province. Some students worked in 
light industrial production within or for their schools. Some observers 
believed that coalmines, which often operated far from urban centers 
and out of the purview of law enforcement officials, also occasionally 
employed children. The existence of a large adult migrant labor force, 
often willing to work long hours for low wages, reduced the 
attractiveness of child labor for employers. State-run media reported 
on province-wide investigations into child labor by provincial labor 
and social security bureaus and on investigations done at the request 
of reporters.

    e. Acceptable Conditions of Work.--The Labor Law provides for broad 
legal protections for workers on such matters as working hours, wages, 
and safety and health. The Trade Union Law invests unions with the 
authority to protect workers against violations of their legal rights 
or contractually agreed conditions of work. The Law on the Prevention 
and Treatment of Occupational Diseases and the Production Safety Law 
identify responsibilities for work-related illness and accidents and 
provide for specific penalties for violation of the law. In November, 
the Government promulgated regulations on labor inspections, which 
expand the powers of government inspectors and increase penalties 
against employers for failure to pay the minimum wage, for being in 
arrears on wages, and for unreasonably withholding wages. However, 
there remained a substantial gap between the law's formal provisions 
for work conditions and the actual situation in the workplace.
    There was no national minimum wage. The Labor Law allows local 
governments to set their own minimum wage according to standards 
promulgated by the Ministry of Labor and Social Security. In January, 
the Ministry promulgated a new regulation on minimum wages. The 
regulation, which took effect in March, sets out the formula by which 
localities set the minimum wage; expands the range of employers 
required to observe the minimum wage to include individually-owned 
enterprises with fewer than eight employees, public institutions, and 
social organizations; and provides for an hourly minimum wage for part-
time workers. The regulation states that the departments of labor and 
social security at or above the county level are responsible for 
enforcement of the law. The regulation also provides that where the 
ACFTU finds an employer in violation of the regulation, it shall have 
the power to demand that the department of labor and social security 
deal with the case; at year's end, it was unclear whether the union had 
exercised this right. Widespread official corruption and efforts by 
local officials to attract and keep taxpaying, job-producing 
enterprises that might otherwise locate elsewhere undercut enforcement 
of the minimum wage provisions. Wage arrearages to employees of state-
owned and private enterprises were common. During the year, the 
Government pledged to clear up wage arrearages in the construction 
industry within 3 years. State-run media reported that by year's end, 
98.4 percent of the $4 billion (RMB 33.2 billion) owed to migrant 
workers for work on construction projects had been repaid.
    The Labor Law mandates a 40-hour standard workweek, excluding 
overtime, and a 24-hour weekly rest period. It also prohibits overtime 
work in excess of 3 hours per day or 36 hours per month and mandates a 
required percentage of additional pay for overtime work. However, these 
standards were regularly violated, particularly in the private sector. 
They were particularly ignored in enterprises that could rely on a vast 
supply of low-skilled migrant labor. In many industries, such as 
textile and garment manufacturing, compulsory overtime reportedly was 
common, often without overtime pay. Some areas of the country in which 
wages and working conditions reportedly were substandard, including 
parts of Guangdong Province, experienced shortages of workers during 
the year. During the year, auditors found that some factories routinely 
falsified overtime and payroll records. There also were reports of 
workers being prevented from leaving factory compounds without 
permission.
    Occupational health and safety concerns remained serious. The poor 
enforcement of occupational health and safety laws and regulations 
continued to put workers' lives at risk. The State Administration for 
Work Safety (SAWS), which was administratively joined with the State 
Administration for Coal Mine Safety Supervision (SACMSS), was 
responsible for providing a nationwide framework for work safety. With 
enactment of the Work Safety Act in 2002, the Government gave SAWS/
SACMSS a specific, detailed legal framework for its responsibilities. 
SAWS/SACMSS staffed nearly 70 field offices throughout the country. In 
January, SAWS promulgated regulations requiring companies in the 
mining, construction, dangerous chemicals, fireworks, and explosives 
industries to obtain work safety licenses as a prerequisite to doing 
business. SAWS also promulgated regulations governing work safety in 
the construction and electrical industries. In 2003, SAWS was given 
responsibility for workplace health supervision and inspection. The 
Ministry of Health was responsible for prevention and treatment of 
occupational illness. Some provincial and local governments have 
followed the national pattern of establishing separate work safety 
agencies. However, enforcement of national health and safety standards, 
which was the responsibility of governments below the national level, 
remained very weak.
    Workplace health and safety did not improve significantly during 
the year, and there continued to be a high rate of industrial 
accidents. According to official statistics, from January to November, 
there were 13,268 work-related accidents, resulting in 14,595 deaths, 
compared with 15,597 workplace accidents, resulting in 17,315 deaths, 
for all of 2003. Coalmines were by far the most deadly workplaces. From 
January to November, 3,413 mine accidents occurred, killing 5,286 
persons, a decrease of 253 accidents (6.9 percent) and 451 deaths (7.9 
percent) from the previous year. SAWS claimed that the rate of 3 deaths 
per million tons of coal mined was the lowest in the country's history. 
Coalmine accidents comprised approximately 27 percent of all non-
traffic, non-fire-related workplace accidents but accounted for 
approximately 40 percent of corresponding workplace deaths. Industrial 
accidents involving chemical leaks also caused numerous deaths and 
injuries. Enterprise owners and managers sometimes failed to report 
accidents and health problems. Local officials also often underreported 
such incidents. As a result, the actual number of workplace deaths and 
casualties was likely far higher.
    The high rate of coal mining accidents highlighted serious 
enforcement problems in that sector. An October gas explosion in a 
Henan mine reportedly killed 147 miners. In November, 166 miners were 
killed in a single accident at a state-owned mine in Shaanxi Province, 
sparking reportedly violent protests by relatives of miners.
    In recent years, the Government has closed tens of thousands of 
small coalmines, many of them illegal operations. Despite these 
efforts, many mines reopened illegally soon after closing. Observers 
attributed the enforcement problem in the coalmining sector primarily 
to corruption, a need to sustain employment in poor areas where many of 
the most dangerous mines were located, and the paucity and poor 
training of inspectors.
    Government officials and media have stressed the need to control 
workplace accidents. In June, Vice Premier Huang Ju called for adopting 
effective preventive measures to stem industrial accidents. In April, 
following the blowout of a natural gas well, which killed 243 and 
injured more than 4,000 persons, a State Council Executive Committee 
Meeting chaired by Premier Wen Jiabao accepted the resignation of the 
general manager of the China National Petroleum Corporation (CNPC). The 
deputy manager of the CNPC subsidiary, an engineer, drilling team head, 
drilling technician, and two workers were prosecuted and received 
prison sentences for their role in the accident.
    Fewer than half of rural enterprises met national dust and poison 
standards. Many factories that used harmful products, such as asbestos, 
not only failed to protect their workers against the ill effects of 
such products, but also failed to inform them about the hazards.
    Almost 46 million workers participated in the country's work-injury 
insurance system at the end of 2003, an increase of 1.69 million over 
the previous year. In recent years, small but growing numbers of 
workers also began to use lawsuits to pursue work injury and illness 
claims against employers.
    The Work Safety Law provides that employees have the right, after 
spotting an emergency situation that threatens their personal safety, 
to evacuate the workplace. Employers are forbidden to cancel the labor 
contracts, or reduce the wages or benefits, of any employee who takes 
such action. There was little information about how this law was 
applied in practice.

                                 TIBET

    The United States recognizes the Tibet Autonomous Region (TAR) and 
Tibetan autonomous prefectures and counties in other provinces to be a 
part of the People's Republic of China. The Department of State follows 
these designations in its reporting. The preservation and development 
of Tibet's unique religious, cultural, and linguistic heritage and the 
protection of its people's fundamental human rights continue to be of 
concern.

    Respect for Integrity of the Person.--The Government's human rights 
record in Tibetan areas of China remained poor. However, in positive 
developments, the Government permitted a third visit to the country by 
the Dalai Lama's representatives and released some political prisoners, 
including Tibetan Buddhist nun Phuntsog Nyidrol. The Government 
controlled information about all Tibetan areas, and in addition, 
strictly controlled access to the TAR, making it difficult to determine 
accurately the scope of human rights abuses. Authorities continued to 
commit serious human rights abuses, including extra-judicial killing, 
torture, arbitrary arrest, detention without public trial, and lengthy 
detention of Tibetans for peacefully expressing their political or 
religious views. The overall level of repression of religious freedom 
in the TAR remained high. Conditions generally were less restrictive in 
Tibetan areas outside of the TAR, although there were some exceptions. 
Individuals accused of political activism faced ongoing harassment 
during the year. There were reports of imprisonment and abuse of some 
nuns and monks accused of political activism. Security was intensified 
during sensitive anniversaries and festival days in some areas, and 
activities viewed as vehicles for political dissent, including 
celebration of some religious festivals, were suppressed. There were 
reports of small-scale political protests in a number of Tibetan areas.
    The lack of independent access to prisoners and prisons made it 
difficult to ascertain the number of Tibetan political prisoners or to 
assess the extent and severity of abuses. The Tibet Information Network 
(TIN) estimated that approximately 145 Tibetans were imprisoned on 
political grounds, approximately two-thirds of whom were monks or nuns. 
Approximately 60 political prisoners remained in TAR Prison in Lhasa, 
most serving sentences on the charge of ``counterrevolution,'' which 
was dropped from the Criminal Law in 1997. Chinese authorities have 
stated that acts previously prosecuted as counterrevolutionary crimes 
continue to be considered crimes under China's anti-subversion laws. 
TIN's analysis indicated that the majority of Tibetan political 
prisoners were incarcerated in Lhasa and western Sichuan Province. The 
overall number of political prisoners in Tibetan areas dropped slightly 
compared to 2003, according to this analysis, but rose in Tibetan 
autonomous areas of Sichuan Province in connection with several high-
profile cases.
    In October, Radio Free Asia (RFA) reported that police in Qinghai's 
Golog Prefecture shot and killed Tibetan Buddhist religious leader 
Shetsul after he and other monks demanded that the police pay for 
medical treatment for injuries suffered while in custody.
    In January, RFA reported that authorities in Sichuan's Tawu County, 
Kardze Prefecture, had arrested students Nyima Dorjee and Lobsang 
Dorjee for putting up pro-independence posters on local government 
buildings.
    On February 12, Choeden Rinzen, a young monk at Lhasa's Ganden 
Monastery, reportedly was arrested for possession of a picture of the 
Dalai Lama and a Tibetan national flag.
    In April, RFA reported that authorities in Qinghai's Tsolho 
Prefecture had arrested Tibetan singer Namkha, as well as composer and 
Tibetan Buddhist monk Bakocha, for their music's implicit political 
content. Authorities reportedly confiscated CDs of Namkha and Bakocha's 
music. Authorities released both individuals in early May.
    In May, Chinese state media reported that authorities jailed a 
Tibetan named Penpa after he admitted to causing a May 20 explosion 
near a television tower near Lhasa.
    In September, RFA reported that authorities in Sichuan's Kardze 
Prefecture sentenced Tibetan Buddhist monks Chogri and Topden and 
layman Lobsang Tsering to 3-year jail terms for putting up pro-
independence posters. The three were reportedly among a group of 60 
individuals detained on July 27 at a reception ceremony at Chogri 
Monastery in Draggo County, Kardze. Witnesses claimed that police beat 
some of those detained. It was believed that the other 57 individuals 
initially detained had been released by year's end.
    Also in September, authorities in the TAR's Nagchu Prefecture 
reportedly arrested Tibetans Dejor, Tsering Dawa, and Datsok after a 
clash with Chinese workers over a mining project. They reportedly also 
arrested Tibetans Nyima Tenzen and Sonam Nyidup, who protested the 
detention by shouting pro-independence slogans in a bar.
    On February 24, authorities released Tibetan Buddhist nun Phuntsog 
Nyidrol from Lhasa's TAR Prison (also known as Drapchi Prison) 
approximately 1 year before her sentence was due to expire. She had 
received a 9-year sentence for taking part in a peaceful demonstration 
in support of the Dalai Lama in 1989. Authorities extended her sentence 
to 17 years after she and other nuns recorded songs about their 
devotion to Tibet and the Dalai Lama in 1993 but reduced that sentence 
by 1 year in 2001 According to Human Rights Watch, following her 
release, the Chinese government imposed restrictions on Phuntsog 
Nyidrol's movement and association.
    On April 18, authorities reportedly released Tibetan Buddhist monk 
Ngawang Oezer from TAR Prison upon completion of his 15-year sentence 
for participating in pro-independence activities at Drepung Monastery.
    In August, observers confirmed the release of Kunchok Choephel 
Labrang and Jigme Jamtruk, two monks from Labrang Tashikyil Monastery, 
Gansu Province. Authorities reportedly arrested the monks in April 2003 
for possessing booklets containing speeches of the Dalai Lama.
    In October, authorities released Geshe Sonam Phuntsog, a religious 
leader from Darge Monastery in Kardze County, Kardze Prefecture, 
Sichuan Province. Authorities arrested Sonam Phuntsog in 1999 and 
sentenced him to a 5-year term for ``inciting splittism,'' traveling to 
India to visit the Dalai Lama, and holding long-life prayer ceremonies 
for the Dalai Lama.
    During the year, authorities did not respond to international calls 
for an inquiry into the case of Nyima Dragpa. A monk from Nyatso 
Monastery in Sichuan's Kardze Prefecture, Nyima Dragpa died in custody 
in October 2003, allegedly from injuries sustained during severe 
beatings.
    On January 15, Yeshe Gyatso, a former member of the Chinese 
People's Consultative Conference, died at his home in Lhasa at the age 
of 71. TAR authorities had arrested Yeshi Gyatso in June 2003 on 
charges of splittism and sentenced him to 6 years' imprisonment but 
released him in November 2003 in ill health.
    Prominent religious leader Tenzin Deleg Rinpoche, arrested in April 
2002 for his alleged connection to a series of bombings, remained 
imprisoned under a death sentence with a 2-year reprieve, although 
officials indicated to international observers in December that his 
suspended death sentence would likely be commuted to life in prison in 
accordance with Chinese law and practice. Tenzin Deleg's former 
associate, Lobsang Dondrub, was executed on January 26, 2003, for his 
part in the alleged bombings. Lobsang Dondrub's execution occurred 
despite Chinese Government assurances that both individuals would be 
afforded full due process, and that the national-level Supreme People's 
Court would review their sentences.
    Many other political prisoners also remained in prison or detention 
at year's end, including former Tibet University student Lobsang 
Tenzin, arrested in 1988 in connection with the death of a policeman 
during riots in Lhasa and currently surving an 18-year sentence in the 
TAR's Pome Prison; Tibetan Buddhist monk Jigme Gyatso, arrested in 1996 
for founding a Tibetan youth organization and serving a 15-year 
sentence in Lhasa's TAR Prison; farmers Sonam Dorje and Lhundrub Dorje, 
arrested in 1992 for unfurling a Tibetan flag and shouting pro-
independence slogans, respectively serving 15- and 13-year sentences at 
TAR Prison; and monks Kalsang Dondrub and Ngawang Dondrub, sentenced in 
2003 on charges of ``endangering state security'' for nonviolent 
political activities. Chadrel Rinpoche, released in 2002 after 6 years 
and 6 months in prison for leaking information about the selection of 
the Panchen Lama, was reportedly still under house arrest near Lhasa. 
Requests to meet with him by foreign government officials continued to 
be denied.
    As in the rest of China, the security apparatus employed torture 
and degrading treatment in dealing with some detainees and prisoners. 
Detainees released in 2003 reported credibly that officials used 
electric shocks, prolonged periods of solitary confinement, 
incommunicado detention beatings, and other forms of abuse. Tibetans 
repatriated to China from Nepal in May 2003 reportedly suffered 
torture, including electric shocks, exposure to cold, and severe 
beatings, and were forced to perform heavy physical labor. Their family 
members also were pressured for bribes to secure their release. 
Prisoners were subjected routinely to ``political investigation'' 
sessions and were punished if deemed to be insufficiently loyal to the 
State.
    Legal safeguards for Tibetans detained or imprisoned were the same 
as those in the rest of China and were inadequate in both design and 
implementation. Most judges had little or no legal training. 
Authorities worked to address this problem through increased legal 
education opportunities. According to an official of the TAR Higher 
People's Court, all seven cities and prefectures had established legal 
assistance centers, and 1,248 residents had received assistance by the 
end of 2003. However, some persons accused of political and other 
crimes did not have legal representation. Moreover, their trials were 
cursory and were closed if issues of state security were involved. 
Under the law, maximum prison sentences for crimes such as 
``endangering state security'' and ``splitting the country'' were 15 
years for each count, not to exceed 20 years in total. Such cases 
mainly concerned actions perceived to be in support of Tibetan 
independence, and activities did not have to be violent to be illegal 
or to draw a heavy sentence.
    An unknown number of Tibetans were serving sentences in 
``reeducation-through-labor'' camps and other forms of administrative 
detention not subject to judicial review. Conditions in administrative 
detention facilities, such as reeducation-through-labor camps, were 
similar to those in prisons. In July, state media reported that 
authorities had established a new reeducation-through-labor camp in the 
TAR's western Ngari Prefecture. The 40,000 square-foot camp reportedly 
could accommodate 200 inmates.
    Prisoners in Tibetan areas were generally subject to the same 
conditions regarding forced labor as those in other areas of China. 
Forced labor was used in some prisons, detention centers, reeducation-
through-labor facilities, and at work sites where prisoners were used 
as workers. The law states that prisoners may be required to work up to 
12 hours per day, with 1 rest day every 2 weeks, but these regulations 
often were not enforced.
    Family planning policies permitted Tibetans and members of other 
minority groups to have more children than Han Chinese. Urban Tibetans, 
including Communist Party members, were generally permitted to have two 
children. Rural Tibetans were encouraged, but not required, to limit 
births to three children. These regulations were not strictly enforced.
    The Office of the U.N. High Commissioner for Refugees (UNHCR) 
reported that 2,427 Tibetan new arrivals approached UNHCR in Nepal 
during the year, of whom 2,338 were found to be ``of concern'' and of 
whom 2,318 were provided with basic assistance; the remaining 89 
Tibetan new arrivals departed for India without being registered or 
processed by UNHCR. In August, a TAR tourism official stated that 
approximately 400 TAR residents had traveled abroad in the first 8 
months of the year, an increase over a total of 300 in 2003. Many 
Tibetans, particularly those from rural areas, continued to report 
difficulties obtaining passports. The application process was not 
transparent, and residents of different Tiebtan areas reported 
obstacles ranging from bureaucratic inefficiency and corruption to 
denials based on the applicant's political activities or beliefs. 
Police in China have stated that passport regulations permit them to 
deny passports to those whose travel will harm the national security 
and national interests.
    Due in part to such difficulties and in part to the difficulty many 
Chinese citizens of Tibetan ethnicity encountered in obtaining entry 
visas for India, it was difficult for Tibetans to travel to India for 
religious and other purposes. The Government placed restrictions on the 
movement of Tibetans during sensitive anniversaries and events and 
increased controls over border areas at these times. Nevertheless, 
thousands of Tibetans from China, including monks and nuns, visited 
India via third countries and returned to China after temporary stays. 
In February, RFA reported that the majority of Tibetans who transited 
Nepal to India were young Tibetans, whose ages ranged from 6 to 30, and 
that the main reason they migrated was the lack of Tibetan-language 
educational facilities and opportunities for religious education.
    There were reports of arbitrary detention of persons, particularly 
monks, returning to China from Nepal. Detentions generally lasted for 
several months, although in most cases no formal charges were brought. 
In January, and again in September, there were reports that the Nepali 
government cooperated with Chinese authorities to repatriate Tibetans 
who crossed the border. NGOs reported that some individuals were 
detained and mistreated upon their return to China. For example, the 
Tibetan Centre for Human Rights and Democracy stated that when monks 
Gedun Tsundue and Jamphel Gyatso crossed back into China in February 
after studying in India, they were detained for 4 months and fined $545 
(RMB 4,500) each. In July, RFA reported that Tibetan Buddhist monks 
Tenzen Samten and Thubten Samdup remained in detention at Shigatse's 
Nyari Prison 5 months after being arrested while attempting to cross 
the border from Nepal into China. According to RFA, the two monks were 
arrested with two other individuals, Sherab and Nawang Namgyal, in 
February.
    The Government also regulated foreign travel to the TAR. In 
accordance with a 1989 regulation, foreign visitors (excluding 
individuals from Hong Kong, Macau, and Taiwan) were required to obtain 
an official confirmation letter issued by the Chinese Government before 
entering the TAR. Most tourists obtained such letters by booking tours 
through officially registered travel agencies. In July, state media 
announced that foreign tourists would enjoy ``unrestricted access to 
all 70 counties of the TAR.'' However, TAR authorities were unable to 
confirm the change, and travelers reported that many restrictions 
remained in place. Official visits to the TAR were supervised closely 
and afforded delegation members very few opportunities to meet local 
persons not previously approved by the authorities. Foreigners could 
travel freely in most Tibetan areas outside the TAR. In March, 
authorities lifted restrictions on foreign travel to the last four 
closed counties in Sichuan's Ngaba Prefecture.

    Freedom of Religion.--Overall, the level of repression in Tibetan 
areas remained high and the Government's record of respect for 
religious freedom remained poor during the year. The Constitution of 
the People's Republic of China provides for freedom of religious 
belief, and the Government's May White Paper on ``Regional Ethnic 
Autonomy in Tibet'' stated, ``Tibetans fully enjoy the freedom of 
religious belief.'' However, the Government maintained tight controls 
on religious practices and places of worship in Tibetan areas. Although 
the authorities permitted many traditional practices and public 
manifestations of belief, they promptly and forcibly suppressed 
activities they viewed as vehicles for political dissent or advocacy of 
Tibetan independence, such as religious activities venerating the Dalai 
Lama (which the Chinese government described as ``splittist'').
    The atmosphere for religious freedom varied from region to region. 
Conditions were generally more relaxed in Tibetan autonomous areas 
outside the TAR, with the exception of parts of Sichuan's Kardze 
Tibetan Autonomous Prefecture. Most abbots and monks in Tibetan areas 
outside the TAR reported that they had greater freedom to worship, to 
conduct religious training, and to manage the affairs of their 
monasteries than their coreligionists in the TAR; however, restrictions 
remained. The Associated Press reported that, in November, Communist 
officials met with Buddhist leaders in Qinghai Province and warned that 
the Buddhist leaders would be punished if they failed to win greater 
support for Beijing's policies toward the exiled Dalai Lama and greater 
acceptance among their followers for Gyaltsen Norbu, the boy picked by 
the PRC as the reincarnation of the Panchen Lama, the second most 
prominent figure in Tibetan Buddhism.
    Most Tibetans practiced Tibetan Buddhism and, to a lesser extent, 
the traditional Tibetan Bon religion. This held true for many Tibetan 
government officials and Communist Party members. Bon includes beliefs 
and ceremonies that practitioners believe predate the arrival of 
Buddhism in Tibet in the 7th century. Approximately 615 Tibetan 
Buddhist religious figures held positions in local people's congresses 
and committees of the Chinese People's Political Consultative 
Conference in the TAR. However, the Government continued to insist that 
Communist Party members and senior employees adhere to the Party's code 
of atheism, and routine political training for cadres continued to 
promote atheism. Government officials confirmed that some Religious 
Affairs Bureau (RAB) officers were members of the Communist Party and 
that religious belief is incompatible with Party membership. However, 
some lower level RAB officials practiced Buddhism.
    Security was intensified during the Dalai Lama's birthday, 
sensitive anniversaries, and festival days in the TAR and in some other 
Tibetan areas as well. In June, observers reported that students and 
faculty at Tibet University were restrained from participating in 
religious devotions connected to the Sagadawa festival. The prohibition 
on celebrating the Dalai Lama's birthday on July 6 continued. In 
August, some Lhasa residents privately expressed unhappiness with city 
authorities' plans to fix the date of the Drepung Shodon festival, 
which traditionally varied according to the Tibetan lunar calendar, on 
August 18th in order to promote tourism. However, residents were 
reportedly permitted to carry out observances on the traditional date a 
week later.
    On May 23, the Government issued a White Paper on ``Regional Ethnic 
Autonomy in Tibet,'' in which it urged the Dalai Lama to drop his ``bid 
for Tibetan independence'' and stated ``the possibility of instituting 
another social system does not exist.'' In September, the Government 
extended invitations to emissaries of the Dalai Lama to visit Tibetan 
and other areas of China. The delegation visited Guangdong, Beijing, 
and Tibetan areas of western Sichuan Province. This marked the third 
visit of emissaries of the Dalai Lama to China in as many years. In 
September 2002, Lodi Gyari and Kelsang Gyaltsen, the Dalai Lama's 
representatives to the United States and Europe respectively, traveled 
to Beijing, Lhasa, and other cities and met with a number of government 
officials. These were the first formal contacts between the Dalai 
Lama's representatives and the Government since 1993. They made a 
second trip to China in June 2003 to meet with Chinese officials and 
visited Shanghai, Beijing, and Tibetan areas in Yunnan Province. 
Additionally, Gyalo Thondup, the Dalai Lama's elder brother, visited in 
July 2002, making his first trip to the TAR since leaving in 1959 and 
subsequently has made additional private visits to China. The 
Government asserted that the door to dialogue and negotiation were 
open, provided that the Dalai Lama public affirmed that Tibet and 
Taiwan were inseparable parts of China.
    Government officials maintained that possessing or displaying 
pictures of the Dalai Lama was not illegal. Authorities, however, 
appeared to view possession of such photos as evidence of separatist 
sentiment when detaining individuals on political charges. Pictures of 
the Dalai Lama were not openly displayed in major monasteries and could 
not be purchased openly in the TAR. In August, TAR Deputy Chairman Wu 
Jilie told visiting western journalists that not displaying the Dalai 
Lama's photo was the voluntary choice of most TAR residents. During the 
year, diplomatic and other observers saw pictures of a number of 
religious figures, including the Dalai Lama, displayed more widely in 
Tibetan areas outside the TAR. The Government also continued to ban 
pictures of Gendun Choekyi Nyima, the boy recognized by the Dalai Lama 
as the Panchen Lama. Photos of the ``official'' Panchen Lama, Gyaltsen 
Norbu, were not publicly displayed in most places, most likely because 
most Tibetans refuse to recognize him as the Panchen Lama. In February, 
RFA reported that authorities had warned Tibetans in two counties of 
Sichuan's Kardze Prefecture that they would lose their land if they did 
not surrender pictures of the Dalai Lama. There were no reports that 
this warning was enforced. However, in Sichuan's Karzde Tibetan 
Autonomous Prefecture and Litang, authorities reportedly conducted 
house to house searches in 2003 and confiscated private displays of the 
Dalai Lama's photo.
    The Government's May White Paper stated that the TAR had over 
46,000 Tibetan Buddhist monks and nuns and more than 1,700 venues for 
Tibetan Buddhist activities. Officials have cited almost identical 
figures since 1996, although the numbers of monks and nuns dropped at 
many sites as a result of the ``patriotic education'' campaign and the 
expulsion from monasteries and nunneries of many monks and nuns who 
refused to denounce the Dalai Lama or who were found to be 
``politically unqualified.'' These numbers represented only the TAR, 
where the number of monks and nuns was very strictly controlled; 
approximately 60,000 Tibetan Buddhist monks and nuns lived in Tibetan 
areas outside the TAR, according to informed estimates.
    Government officials closely associated Buddhist monasteries with 
pro-independence activism in Tibetan areas of China. Spiritual leaders 
encountered difficulty re-establishing historical monasteries due to 
lack of funds, general limitations on monastic education, and denials 
of government permission to build and operate religious institutions, 
which officials in some areas contended were a drain on local resources 
and a conduit for political infiltration by the Tibetan exile 
community. The Government stated that there were no limits on the 
number of monks in major monasteries, and that each monastery's 
Democratic Management Committee (DMC) decided independently how many 
monks the monastery could support. Many of these committees, however, 
were government-controlled, and, in practice, the Government imposed 
strict limits on the number of monks in major monasteries, particularly 
in the TAR. The Government had the right to disapprove any individual's 
application to take up religious orders; however, the Government did 
not necessarily exercise this right in practice during the year. 
Authorities curtailed the traditional practice of sending young boys to 
monasteries for religious training by means of regulations that forbade 
monasteries from accepting individuals under the age of 18. 
Nevertheless, some monasteries continued to admit younger boys, often 
delaying their formal registration until the age of 18.
    The Government continued to oversee the daily operations of major 
monasteries. The Government, which did not contribute to the 
monasteries' operating funds, retained management control of 
monasteries through the DMCs and local religious affairs bureaus. 
Regulations restricted leadership of many DMCs to ``patriotic and 
devoted'' monks and nuns and specified that the Government must approve 
all members of the committees. At some monasteries, government 
officials also sat on the committees.
    The quality and availability of high-level religious teachers in 
the TAR and other Tibetan areas remained inadequate; many teachers were 
in exile, older teachers were not being replaced, and those remaining 
in Tibetan areas outside the TAR had difficulty securing permission to 
teach in the TAR. In recent years, DMCs at several large monasteries 
began to use funds generated by the sales of entrance tickets or 
donated by pilgrims for purposes other than the support of monks 
engaged in full-time religious study. As a result, some ``scholar 
monks'' who had formerly been fully supported had to engage in income-
generating activities. Some experts were concerned that, as a result, 
fewer monks will be qualified to serve as teachers in the future. While 
local government officials' attempts to attract tourists to religious 
sites provided some monasteries with extra income, they also deflected 
time and energy from religious instruction. There were reports of 
disagreements between monastic leaders and government officials over 
visitors, vehicle traffic, and culturally inappropriate construction 
near monastic sites. However, in July, authorities permitted resumption 
of the Geshe Lharampa examinations, the highest religious examination 
in the Gelug sect of Tibetan Buddhism, at Lhasa's Jokhang Temple for 
the first time in 16 years.
    Government officials have stated that the ``patriotic education'' 
campaign, which began in 1996 and often consisted of intensive, weeks-
long sessions conducted by outside work teams, ended in 2000. However, 
officials stated openly that monks and nuns continued to undergo 
political education, likewise known as ``patriotic education,'' on a 
regular basis, generally less than four times a year, but occasionally 
more frequently, at their religious sites. Some religious leaders also 
held local political positions. Since primary responsibility for 
conducting political education shifted from government officials to 
monastery leaders, the form, content, and frequency of training at each 
monastery appeared to vary widely. However, conducting such training 
remained a requirement and had become a routine part of monastic 
management.
    In January, Khenpo Jigme Phuntsog, the charismatic founder of the 
Serthar Tibetan Buddhist Institute (also known as Larung Gar) in 
Sichuan Province's Kardze Prefecture, died while receiving medical 
treatment in the provincial capital Chengdu. Founded in 1980, the 
Institute grew to house 10,000 monks and nuns before authorities moved 
to destroy structures and expel students from the site in 2001, 
ultimately reducing the population to approximately 4,000. After a 
year's absence officially attributed to medical treatment, Khenpo Jigme 
Phuntsog returned to the Institute in 2002. As recently as May 2003, 
conflicts over attempts to rebuild some structures resulted in arrests 
and the enforced closure of the Institute to outsiders. After the 
abbot's death, Sichuan authorities forbade the province's Buddhist 
monks from attending his funeral; nonetheless, eyewitnesses reported 
that tens of thousands of Tibetan and Han monks defied the order to pay 
their respects.
    The Karmapa Lama, leader of Tibetan Buddhism's Karma Kagyu sect and 
one of the most influential religious figures in Tibetan Buddhism, 
remained in exile following his 1999 flight to India. The Karmapa Lama 
stated that he fled because of the Government's controls on his 
movements and its refusal either to allow him to go to India to be 
trained by his spiritual mentors or to allow his teachers to come to 
him. Visitors to Tsurphu Monastery, the seat of the Karmapa Lama, noted 
that the population of monks remained small and the atmosphere remained 
subdued.
    The Government routinely asserted control over the process of 
finding and educating reincarnate lamas. The Panchen Lama is Tibetan 
Buddhism's second most prominent figure, after the Dalai Lama. The 
Government continued to insist that Gyaltsen Norbu, the boy it selected 
in 1995, is the Panchen Lama's 11th reincarnation. The Government 
continued to refuse to allow access to Gendun Choekyi Nyima, the boy 
recognized by the Dalai Lama in 1995 as the 11th Panchen Lama (when he 
was 6 years old), and his whereabouts were unknown. Government 
officials have claimed that the boy is under government supervision, at 
an undisclosed location, for his own protection and attends classes as 
a ``normal schoolboy.'' All requests from the international community 
for access to the boy to confirm his well-being have been refused. 
While the overwhelming majority of Tibetan Buddhists recognized the boy 
identified by the Dalai Lama as the Panchen Lama, Tibetan monks claimed 
that they were forced to sign statements pledging allegiance to the boy 
the Government selected. The Communist Party also urged its members to 
support the ``official'' Panchen Lama. Gyaltsen Norbu made his third 
highly orchestrated visit to Tibetan areas in summer 2004, and his 
public appearances were marked by a heavy security presence.
    Similarly, the child the Government approved as the seventh 
reincarnation of Reting Rinpoche was not accepted by many of the monks 
at Reting Monastery in 2000 because the Dalai Lama did not recognize 
his selection. The Pawo Rinpoche, who was recognized by the Karmapa 
Lama in 1994, lived under strict government supervision at Nenang 
Monastery. In 2001, NGOs reported that he was denied access to his 
religious tutors and required to attend a regular Chinese school.
    In July, Tibetan and Chinese intellectuals succeeded in their 
petition drive to prevent Han Chinese sportsman Zhang Jian from 
swimming across Lake Namtso in the TAR, which many Tibetan Buddhists 
hold sacred.
    In its May White Paper, the Government claimed that since 1949 it 
had contributed approximately $36 million (RMB 300 million) to renovate 
and open over 1,400 monasteries and to repair cultural relics, many of 
which were destroyed before and during the Cultural Revolution. In the 
same document, the Government claimed to have allocated an additional 
$40 million (RMB 330 million) since 2001 for the second phase of the 
renovation of the Potala Palace, as well as the renovation of the 
Norbulingka Palace (another former residence of the Dalai Lama in 
Lhasa) and Sakya Monastery, the seat of the Sakya sect of Tibetan 
Buddhism in rural southern TAR. Despite these and other efforts, many 
monasteries destroyed during the Cultural Revolution were never rebuilt 
or repaired, and others remained only partially repaired. Government 
funding of restoration efforts ostensibly supported the practice of 
religion, but also promoted the development of tourism in Tibetan 
areas. Most recent restoration efforts were funded privately, although 
a few religious sites also received government support for 
reconstruction projects during the year.

    Economic Development and Protection of Cultural Heritage.--The TAR 
is one of China's poorest regions, and Tibetans are one of the poorest 
groups; malnutrition among Tibetan children continued to be widespread 
in many areas of the TAR. The Central Government and other provinces of 
China heavily subsidized the TAR economy, which, according to official 
government statistics, grew by an average annual rate of more than 10 
percent for the last decade. Over 90 percent of the TAR's budget came 
from outside sources, and residents of the TAR benefited from a wide 
variety of favorable economic and tax policies. Tibetan autonomous 
areas outside the TAR benefited to varying degrees from similar 
favorable policies. Government development policies helped raise the 
living standards of most Tibetans, particularly by providing better 
transportation and communications facilities. However, Han Chinese 
benefited disproportionately from the Government's development policies 
in Tibetan areas.
    In June, state media reported that Tibetans and other minority 
ethnic groups made up 78 percent of all government employees in the 
TAR. However, Han Chinese continued to hold key positions, including 
Party Secretary of the TAR. A similar situation continued to pertain to 
areas outside the TAR.
    Some Tibetans reported that they experienced discrimination in 
employment for some urban occupations and claimed Han were hired 
preferentially for many jobs and received greater pay for the same 
work. This situation was partially attributed to Han contractors' 
practice of hiring through connections in their home cities. In recent 
years, some Tibetans reported that it was more difficult for Tibetans 
than Han to get permits and loans to open businesses. The widespread 
use of the Chinese language in urban areas and many businesses limited 
employment opportunities for Tibetans who did not speak Chinese.
    Fundamental worker rights recognized by the International Labor 
Organization, including the right to organize and the right to bargain 
collectively, which were broadly denied in the rest of China, were also 
denied in Tibetan areas.
    According to China's 2000 census, the population of Tibetans in the 
TAR was 2,427,168. The population of Tibetans in autonomous prefectures 
and counties outside the TAR was 2,927,372. Tibetans made up 94 percent 
of the population of the TAR. Government-sponsored development and the 
prospect of new economic opportunities attracted migrant workers from 
China's large transient population to the region, resulting in a net 
increase in the non-Tibetan share of the population (chiefly China's 
Muslim Hui minority and Han Chinese) from approximately 4 percent in 
1990 to 6 percent in 2000. However, census figures did not include a 
large number of long-term Han Chinese residents, such as cadres, 
skilled workers, unskilled laborers, military and paramilitary troops, 
and their dependents. In Tibetan areas outside the TAR, Tibetans 
increased their majority share as natural population growth outpaced 
net migration by non-Tibetans. Migrants to the TAR were overwhelmingly 
concentrated in cities and towns, while Tibetans continued to make up 
nearly 98 percent of the population in rural areas. One official 
estimate put the number of Han Chinese residents in Lhasa at 100,000 
out of a total population of 409,500, while many observers estimated 
that more than half of Lhasa's population was Han Chinese. Small 
businesses run by Han Chinese and Hui migrants--mostly restaurants and 
retail shops--predominated in cities throughout the Tibetan areas.
    The Dalai Lama, Tibetan experts, and other observers expressed 
concern that development projects and other Central Government policies 
initiated in 1994 and reemphasized and expanded at the ``Fourth Tibet 
Work Conference'' in 2001, including the Qinghai-Tibet railroad, would 
continue to promote a considerable influx of Han Chinese, Hui, and 
other ethnic groups into the TAR. They feared that the TAR's 
traditional culture and Tibetan demographic dominance would be 
overwhelmed by such migration
    Rapid economic growth, the expanding tourism industry and the 
introduction of more modern cultural influences also have disrupted 
traditional living patterns and customs and threatened traditional 
Tibetan culture. In Lhasa, the Chinese cultural presence was obvious 
and widespread. Residents lacked the right to play a role in protecting 
their cultural heritage.
    In February, an audiotape smuggled out of China, purportedly made 
by Tibetan workers, alleged that Chinese authorities were mishandling 
the renovation of the Potala Palace in Lhasa by making culturally 
inappropriate architectural decisions. In September, Lhasa Deputy Mayor 
Ou Guoxiang announced a project to give Lhasa a more traditional 
``Tibetan look'' by renovating buildings along the main streets of the 
building. Ou stated that the project had been conceived in response to 
concerns about Lhasa's urban development plans raised during the June-
July 2003 UNESCO World Heritage Committee meeting.
    Both Tibetan and Chinese are official languages in the TAR, and 
both languages were used on public and commercial signs. However, the 
Chinese language was spoken widely, and Chinese was used for most 
commercial and official communications. The dominant position of the 
Chinese language in government, commerce, and academia left many young 
Tibetans seeking to get ahead with little choice but to use Chinese 
rather than Tibetan.
    Official government media reports in 2003 stated that 92 percent of 
eligible students in the TAR attended primary school and 61 percent 
attended middle school and that 80 percent of the counties in the TAR 
had instituted 6-year compulsory education and 17 percent had 9-year 
compulsory education. However, in practice, many pupils in rural and 
nomadic areas received only 1 to 3 years of schooling. Official 
statistics put the illiteracy rate for young and middle-aged TAR 
residents at 37 percent, but some observers believed it to be much 
higher in some areas.
    The Government has established a comprehensive national Tibetan-
language curriculum, and many elementary schools in Tibetan areas used 
Tibetan as the primary language of instruction. However, Tibetan 
students were also required to study Chinese language, Chinese was 
generally used to teach certain subjects, such as arithmetic, and Han 
Chinese students in Tibetan areas generally had the option to attend 
exclusively Chinese-medium schools. In middle and high schools--even 
some officially designated as ``Tibetan'' schools--teachers often used 
Tibetan only to teach classes in Tibetan language, literature, and 
culture and taught many classes in Chinese. As a practical matter, 
proficiency in Chinese was essential to receive a higher education. 
China's most prestigious universities provided instruction only in 
Chinese, while the lower-ranked universities established to serve 
ethnic minorities allowed study of only some subjects in Tibetan. In 
general, opportunities to study at Tibetan-medium schools were greater 
in the TAR, while opportunities to study at privately funded Tibetan-
language schools and to receive a traditional Tibetan-language 
religious education were greater in Tibetan areas outside the TAR.
    Authorities in Tibetan areas required professors and students at 
institutions of higher education to attend political education sessions 
and limited course studies and materials in an effort to prevent 
separatist political and religious activities on campus. The Government 
controlled curricula, texts, and other course materials.
    There were no formal restrictions on women's participation in the 
political system, and women held many lower-level government positions. 
However, as in the rest of China, women were underrepresented at the 
provincial and prefectural levels of government.
    Prostitution was a growing problem in Tibetan areas, as it was 
elsewhere in the country. Hundreds of brothels operated semi-openly in 
Lhasa. Up to 10,000 commercial sex workers may have been employed in 
Lhasa alone. Some of the prostitution occurred at sites owned by the 
Party, the Government, and the military. Most prostitutes in the TAR 
were Han Chinese women, mainly from Sichuan. However, some Tibetans, 
mainly young girls from rural or nomadic areas, also worked as 
prostitutes. The incidence of HIV/AIDS among prostitutes in Tibetan 
areas was unknown, but lack of knowledge about HIV transmission and 
economic pressures on prostitutes to engage in unprotected sex made an 
increase in the rate of HIV infection likely.
    The TAR Tourism Bureau continued its policy of refusing to hire 
Tibetan tour guides educated in India or Nepal. Government officials 
have stated that all tour guides working in the TAR were required to 
seek employment with the Tourism Bureau and to pass a licensing exam on 
tourism and political ideology. The Government's stated intent was to 
ensure that all tour guides provide visitors with the Government's 
position opposing Tibetan independence and the activities of the Dalai 
Lama. The Tourist Bureau's monopoly did not extend to Tibetan areas 
outside the TAR, and some tour guides educated abroad reportedly moved 
to those areas to seek employment.
    The Tibetan-language services of Voice of America and RFA, as well 
as of the Oslo-based Voice of Tibet, suffered from the same jamming of 
their frequencies by Chinese authorities as their Chinese-language 
services. However, Tibetans were able to listen to the broadcasts at 
least some of the time. Unlike in 2003, there were no reports during 
the year that Tibetans were subject to intimidation and fines for 
listening to foreign-language broadcasts.
    In February, the Tibet Information Network reported that TAR 
authorities had banned Tibetan author Oser's book, ``Notes on Tibet,'' 
for its politically ``sensitive'' content.
    In March, RFA reported that authorities had instituted political 
education activities at Lhasa-based TV-3 for airing a program that 
showed the Tibetan national flag. The station director reportedly was 
demoted.
    Although the Government made efforts in recent years to restore 
some of the physical structures and other aspects of Tibetan Buddhism 
and Tibetan culture damaged or destroyed during the Cultural 
Revolution, repressive social and political controls continued to limit 
the fundamental freedoms of Tibetans and risked undermining Tibet's 
unique cultural, religious, and linguistic heritage.

                               HONG KONG

    Hong Kong is a Special Administrative Region (SAR) of the People's 
Republic of China (PRC). The 1984 Sino-British Joint Declaration on the 
Question of Hong Kong, and the Basic Law, the SAR's constitution 
approved by the PRC in 1990, specify that Hong Kong will enjoy a high 
degree of autonomy except in matters of defense and foreign affairs. 
This autonomy under the ``one country, two systems'' formula in effect 
since 1997 has been tested severely this year. The Basic Law provides 
for the protection of fundamental rights and calls for progress toward 
universal suffrage and further democratization after a 10-year period, 
starting with Hong Kong's July 1, 1997, reversion to Chinese 
sovereignty. The Chief Executive is chosen by a selection committee 
composed of 800 directly elected, indirectly elected, or appointed 
individuals. The Chief Executive appoints and supervises a cabinet of 
principal officers. The Basic Law significantly circumscribes the power 
of the legislature, the Legislative Council (Legco). In September 12 
elections, voters directly elected 30 members of the Legco from 
geographic constituencies and indirectly elected 30 from functional or 
occupational constituencies. Despite isolated allegations of voter 
intimidation prior to the election and some irregularities on election 
day, the voting was considered free and fair. Majorities are required 
in both the geographic and the functional constituencies to pass 
legislation introduced by individual legislators. Members may not 
initiate legislation involving public expenditure, political structure, 
government operations, or government policy. The judiciary is 
independent, and the Basic Law vests Hong Kong's highest court with the 
power of final adjudication. Under the Basic Law, however, the Standing 
Committee of the PRC's National People's Congress (NPC) has the power 
of final interpretation of the Basic Law.
    An effective police force under the firm control of civilian 
authorities maintained public order. The Independent Police Complaints 
Council, made up of public members appointed by the Chief Executive, 
monitored and reviewed the work of an office that investigated public 
complaints against the police. The 4,000 Chinese troops sent to Hong 
Kong in 1997 to replace the British military garrison have maintained a 
low profile and have not performed or interfered in police functions.
    Hong Kong's free market economy is an international trade, 
shipping, and finance center as well as a principal platform for trade 
and investment with the PRC. The economy grew 7.5 percent during the 
year, with no inflation. Per capita gross domestic product was 
approximately $23,000. The population was approximately 6.8 million.
    The Government generally respected the human rights of residents, 
and the law and judiciary provided effective means of dealing with 
individual instances of abuse. In April, the Standing Committee of the 
NPC ruled out universal suffrage in the next elections for Chief 
Executive in 2007 and Legco in 2008. This was an initiative of the 
central authorities that cut short local debate and raised questions 
about the PRC's willingness to permit Hong Kong to operate with a high 
degree of autonomy. Human rights problems included: Limitations on 
residents' ability to change their government and limitations on the 
power of the legislature to affect government policies; allegations of 
intimidation of journalists and other media figures; violence and 
discrimination against women; discrimination against ethnic minorities; 
restrictions on workers' rights to organize and bargain collectively; 
and trafficking in persons for the purposes of forced labor and 
prostitution.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Arbitrary or Unlawful Deprivation of Life.--There were no 
reports of arbitrary or unlawful deprivations of life committed by the 
Government or its agents.

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

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The law forbids torture and other abuse by the police. 
There were allegations of assault by police officers during the year. 
Disciplinary action can range from warnings to dismissal. Criminal 
proceedings may be undertaken independently of the disciplinary 
process. The Complaints Against Police Office (CAPO) investigates 
allegations of excessive use of force and the Independent Police 
Complaints Council (IPCC), a body composed of public members appointed 
by the Chief Executive, monitors and reviews their work.
    During the first half of the year, CAPO received 218 allegations of 
assault by police officers against persons in custody and 130 
allegations of assault against persons not in custody, out of a total 
of 21,562 arrests. Of the 218 allegations of assault by police officers 
against persons in custody, 107 case investigations were completed and 
endorsed by the IPCC, and none were substantiated: 79 were withdrawn, 
22 were deemed ``not pursuable,'' 4 were judged to be false, 1 was 
judged ``no fault,'' and 1 was judged ``unsubstantiated.'' The 
remaining 111 cases were pending as of June 30. Of the 130 allegations 
of assault against persons not in custody, 62 case investigations were 
completed and endorsed by the IPCC, and none were substantiated: 45 
were withdrawn, 13 were deemed ``not pursuable,'' 1 was judged to be 
false, and 3 were judged ``unsubstantiated.'' The remaining 68 cases 
were pending as of June 30. In response to concerns about the police 
being responsible for investigating their own misconduct, the 
Government drafted a bill to provide a statutory basis for the IPCC, 
which would allow it to set up its own secretariat, receive funding to 
hire its own permanent staff, and initiate investigations.
    Prison conditions generally met international standards. Men and 
women were housed separately, juveniles were housed separately from 
adults, and pretrial detainees were held separately from convicted 
prisoners. For the first 6 months of the year, the average occupancy 
rate for Hong Kong's 24 prisons was 114 percent. Overcrowding was most 
serious in maximum security prisons, which operated at an average 
occupancy rate of 136 percent. The Government continued to address the 
problem of prison overcrowding by remodeling existing buildings to 
provide space for additional prisoners and redistributing the prison 
population. In addition, the Immigration Department expected its new 
Detention Center in Tuen Mun, due to be completed in 2005, to hold 400 
additional people and eliminate the need to put immigration offenders 
in prison or other correctional facilities.
    The Government permitted prison visits by human rights observers. 
Local justices of the peace regularly inspected prisons, and, as a 
standard procedure, these visits were unannounced.

    d. Arbitrary Arrest or Detention.--Common law, legal precedent, and 
the Basic Law provide substantial and effective legal protection 
against arbitrary arrest or detention, and the Government generally 
observed these provisions in practice. Suspects must be charged within 
48 hours or released. During the year, the average length of pre 
conviction incarceration did not exceed 48 days.
    The police force is led by a uniformed Police Commissioner who 
reports to the Secretary for Security--a member of the Chief 
Executive's Cabinet. The force had 28,695 officers and was divided into 
5 departments with both headquarters and regional formations. 
Corruption was not a significant problem within the force. Police 
officers are subject to disciplinary review by CAPO and IPCC in cases 
of alleged misconduct (see Section 1.c.).

    e. Denial of Fair Public Trial.--The Basic Law provides for an 
independent judiciary, and the Government generally respected this 
provision in practice. The judiciary, underpinned by the Basic Law's 
provision that Hong Kong's common law tradition be maintained, 
generally provided citizens with a fair and efficient judicial process. 
Under the Basic Law, the courts may interpret those provisions of the 
Basic Law that address matters within the limits of the SAR's high 
degree of autonomy. The courts also interpret provisions of the Basic 
Law that touch on PRC central government responsibilities or on the 
relationship between the central authorities and the SAR, but before 
making final judgments on these matters, which are unappealable, the 
courts must seek an interpretation of the relevant provisions from the 
Standing Committee of the NPC. The Basic Law requires the courts to 
follow the Standing Committee's interpretation of Basic Law provisions. 
Judgments previously rendered are not affected. The NPC's mechanism for 
interpretation is its Committee for the Basic Law, composed of six 
mainland and six Hong Kong members. The Chief Executive, the President 
of the Legislative Council, and the Chief Justice nominate the Hong 
Kong members. Human rights and lawyers' organizations have expressed 
concern that this process, which circumvents the Court of Final 
Appeal's power of final adjudication, could be used to limit the 
independence of the judiciary or could degrade the courts' authority. 
In the controversial 1999 ``right of abode'' case (concerning the right 
of certain persons to reside in Hong Kong), the Government, after 
losing the case in the Court of Final Appeals, sought a 
reinterpretation of relevant Basic Law provisions from the NPC. There 
have been no such appeals of court decisions to the NPC since 1999.
    The Court of Final Appeal is the SAR's supreme judicial body. An 
independent commission nominates judges. The Chief Executive is 
required to appoint those nominated, subject to endorsement by the 
legislature. Nomination procedures ensure that commission members 
nominated by the private bar have a virtual veto on the nominations. 
The Basic Law provides that, with the exception of the Chief Justice 
and the Chief Judge of the High Court, who are prohibited from residing 
outside of Hong Kong, foreigners may serve on the courts. In 2004, 
approximately 23 percent of judges and judicial officers were 
expatriates. Judges have security of tenure until retirement age 
(either 60 or 65, depending on the date of appointment).
    Under the Court of Final Appeal is the High Court, composed of the 
Court of Appeal and the Court of First Instance. Lower judicial bodies 
include the District Court, which has limited jurisdiction in civil and 
criminal matters; the magistrates' courts, which exercise jurisdiction 
over a wide range of criminal offenses; the Coroner's Court; the 
Juvenile Court; the Lands Tribunal; the Labor Tribunal; the Small 
Claims Tribunal; and the Obscene Articles Tribunal.
    The law provides for the right to a fair public trial, and an 
independent judiciary generally enforced this right in practice. Trials 
are by jury except at the magistrate court level. The judiciary 
provides citizens with a fair and efficient judicial process.
    Under prosecution rules, there is a presumption of guilt in 
official corruption cases. Under the Prevention of Bribery Ordinance, a 
current or former government official who maintains a standard of 
living above that commensurate with his official income or controls 
monies or property disproportionate to his official income is, unless 
he can satisfactorily explain the discrepancy, guilty of an offense. 
The courts have upheld this practice.
    According to the Basic Law, English may be used as an official 
language by the executive, legislative, and judicial branches. For 
historical reasons and because of the courts' reliance on common law 
precedents, almost all civil cases and most criminal cases were heard 
in English. In recent years, the Government has developed a bilingual 
legal system. It has increased the number of officers in the Legal Aid 
Department proficient in spoken Cantonese and written Chinese and 
extended the use of bilingual prosecution documents and indictments. 
All laws are bilingual, with the English and Chinese texts being 
equally authentic. All courts and tribunals may operate in either 
Cantonese or English. Judges, witnesses, the parties themselves, and 
legal representatives each may decide which language to use at any 
point in the proceedings.
    There were no reports of political prisoners.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The law prohibits arbitrary interference with privacy, 
family, home, and correspondence, and the Government generally 
respected these prohibitions in practice. Interception of 
communications is conducted under the Telecommunications Ordinance and 
the Post Office Ordinance. Wiretaps require authorization from the 
Chief Executive for interception operations, but a court issued warrant 
is not required. The Government did not reveal the number of wiretaps 
and mail interceptions the Chief Executive authorized.
    The Office of the Privacy Commissioner for Personal Data (PCO), 
established under the Personal Data (Privacy) Ordinance (PDPO), works 
to prevent the misuse, disclosure, or matching of personal data without 
the consent of the subject individual or the commissioner. Some 
Government departments are exempted to combat social welfare abuse and 
tax evasion. Violations of the PDPO can be either criminal or civil 
offenses. Between June 2003 and June 2004, the PCO investigated 1,109 
complaints of suspected breaches of the ordinance, completing action on 
1,047. The PCO found violations of the PDPO in 26 of these cases, with 
none resulting in prosecution. The PCO found insufficient evidence to 
prosecute in 243 of the cases, while the remaining cases were resolved, 
rejected, or withdrawn after preliminary inquiries.
    The PDPO is not applicable to PRC government organs in Hong Kong. 
At year's end, the Government was still considering whether it should 
be made applicable to PRC bodies. Under certain exemptions for purposes 
related to safeguarding the security, defense, or international 
relations of Hong Kong, and for the prevention, detection, or 
prosecution of a crime, Hong Kong authorities may be allowed to 
transfer personal data to a PRC body.
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. During the year, allegations of intimidation by 
pro-Beijing groups and individuals prior to the September elections 
raised questions about these rights. Most Hong Kong media outlets are 
owned by businesses with interests on the mainland, making them 
vulnerable to self-censorship.
    In February and March, the PRC media and local pro-PRC newspapers 
ran a series of articles defining patriotism in Hong Kong. The debate 
started with an article in the PRC-owned China Daily citing former 
Chinese leader Deng Xiaoping's statement that ``only patriots should 
govern Hong Kong'' and relating this criterion to the political debate 
over universal suffrage in Hong Kong. The PRC media later published 
guidelines for patriotic actions, and a local pro-PRC paper printed the 
names of those in Hong Kong perceived to be ``unpatriotic.'' In the 
midst of the debate, Jiang Zemin, former president and then Chairman of 
the Chinese Central Military Commission accused Hong Kong's independent 
Apple Daily newspaper and two radio hosts of being ``hostile forces,'' 
according to the local East Week magazine.
    In May, two popular radio talk show hosts known for their 
antigovernment and anti-PRC rhetoric abruptly left their shows due to 
alleged intimidation. The two asserted that a man claiming to represent 
senior Beijing officials asked them to stop broadcasting until after 
the September election. Police questioned the man but made no arrest. A 
third talk show host received a phone call from a retired mid-level PRC 
official, which he perceived as a threat to his family. Subsequently, 
the PRC caller stated publicly that he had no intention of threatening 
the talk show host. In September, one of the talk show hosts was 
elected to the Legco, and, in October, another became host of a local 
television show. At year's end, the government investigations into 
these allegations continued.
    In July, the Independent Commission Against Corruption (ICAC) 
raided seven newspapers with a warrant to seize documents related to a 
corruption case. ICAC staff also searched the homes of some 
journalists. The raided newspapers included pro-PRC, independent, and 
pro-democracy newspapers. In August, the Court of First Instance ruled 
ICAC's search warrant was ``wrong in fact and in law.'' On October 11, 
the Court of Appeal dismissed ICAC's appeal on technical grounds but 
said that ICAC had acted lawfully. The Hong Kong Journalists' 
Association, Hong Kong Federation of Journalists, News Executives' 
Association, and the Newspaper Society all issued statements condemning 
the raids as violating freedom of the press. The acting head of ICAC 
said the agency respects the freedom of the press, but that it had to 
strike a balance between press freedom and the administration of 
justice.
    The Telecommunications Ordinance gives the Government wide ranging 
powers to ban messages when it ``considers that the public interest so 
requires.'' In practice, the Government has never invoked this law.
    The Basic Law's Article 23 requires the Government to enact 
legislation prohibiting treason, secession, sedition, subversion 
against the Central People's Government, theft of state secrets, and 
links with foreign political organizations that are harmful to national 
security. In 2003, proposed legislation met with active and widespread 
public opposition. The Government withdrew the bill and stated publicly 
that it had no plans to reintroduce the legislation.
    Individuals criticized the Government publicly and privately 
without reprisal, and many persons spoke freely to the media and used 
the media to voice their views. Political debate was vigorous. Varying 
viewpoints, including stories and opinions critical of the SAR and PRC 
Governments and statements by leading Chinese dissidents and pro-
independence Taiwan activists, were carried by the mass media, in 
public forums, and by political groups.
    During the year, newspapers published a wide variety of opinions, 
including some sharply critical of the NPC's decision ruling out 
universal suffrage in 2007 and 2008. Newspapers also carried opinions 
on sensitive topics such as Taiwan, Tibet, PRC leadership dynamics, 
Communist Party corruption, and human rights. There were 16 daily 
newspapers, all privately owned in name although 4 were supported 
financially--and guided editorially--by the PRC (Wen Wei Po, Ta Kung 
Pao, the Hong Kong Commercial Daily, and the China Daily). The non-PRC-
owned newspapers, hundreds of periodicals, four commercial television 
stations (broadcast and cable), and two commercial radio stations 
operated freely.
    The Government-owned Radio Television Hong Kong continued to enjoy 
the editorial independence granted to it in its framework agreement 
between the Government and the station's Director of Broadcasting.
    International media organizations operated freely. Foreign 
reporters needed no special visas or government-issued press cards for 
Hong Kong.
    There were no restrictions on the use of the Internet.
    The Basic Law provides for academic freedom, and the Government 
generally respected that freedom in practice. There was independent 
research, a wide range of opinions, and lively debate on campuses. On 
July 12, the Legco passed a bill requiring publicly funded schools 
operated by voluntary bodies to set up school management committees 
including parents and teachers by 2012. The Anglican and Catholic 
Churches feared that these new rules could dilute their authority to 
manage the schools they sponsor.

    b. Freedom of Peaceful Assembly and Association.--The Basic Law 
provides for freedom of assembly and the Government generally respected 
this right in practice. The Government routinely issued the required 
permits for public meetings and demonstrations.
    Under the law, demonstration organizers must notify the police of 
their intention to demonstrate 1 week in advance. The police accept 
shorter notice if groups can satisfy the Commissioner of Police that 
earlier notice could not have been given for a march involving more 
than 30 persons and for an assembly of more than 50 persons. The police 
must explicitly object within 48 hours. No reply indicates no 
objection. The Public Order Ordinance, which pre-dates the 1997 
handover and which empowers police to object to demonstrations on 
national security grounds, has never been invoked. If the police 
object, demonstration organizers may appeal to a statutory appeals 
board comprising members from different sectors of society. Both the 
board's proceedings and the police's exercise of power are subject to 
judicial review.
    During the first half of the year, there were about 1,075 public 
meetings and processions, roughly half of which required notification. 
The police did not object to any demonstrations in the first half of 
the year.
    On January 1, about 100,000 people rallied in support of universal 
suffrage and greater democracy with chants of ``return power to the 
people'' and ``one man, one vote.'' On July 1, 200,000 to 400,000 
people marched through central Hong Kong again in support of universal 
suffrage and greater democracy. These events were legally sanctioned 
and peaceful.
    In addition to holding assemblies and marches on Hong Kong related 
issues, groups continued to demonstrate freely on issues sensitive to 
the central authorities. On June 4, approximately 50,000 to 80,000 
people attended a candlelight vigil to commemorate the 15th anniversary 
of the 1989 massacre in Beijing's Tiananmen Square.
    Falun Gong practitioners regularly conducted public protests 
against the crackdown on fellow practitioners in the PRC. In November, 
the Court of Appeal overturned the 2002 convictions of 16 Falun Gong 
practitioners who had been fined for obstructing the Central Government 
Liaison Office. The court upheld convictions against some of the Falun 
Gong practitioners for obstructing and assaulting policemen during 
their protest. The ruling affirmed that ``fundamental freedoms'' of 
assembly, demonstration, and expression were protected under the Basic 
Law.
    The Basic Law provides for freedom of association, and the 
Government generally respected this right in practice. Since the 1997 
handover, no applications for registration have been denied. During the 
first half of the year, the Societies Licensing Office of the police 
registered 974 new organizations.
    The Societies Ordinance requires that new societies apply for 
registration within 1 month of establishment. The Government may refuse 
registration in the interest of national security, public safety, 
public order, or the protection of the rights and freedom of others. 
The Government also may refuse to register a political body that 
receives support from a foreign political organization or a Taiwan-
based political organization. There have been no public reports that 
the Government has refused registrations under the Societies Ordinance 
this year.

    c. Freedom of Religion.--The Basic Law provides for freedom of 
religion, the Bill of Rights Ordinance prohibits religious 
discrimination, and the Government generally respected these provisions 
in practice.
    Religious groups are not required to register with the Government 
and are exempt specifically from the Societies Ordinance. Catholics 
freely and openly recognized the Pope as the head of the Church, and 
the Vatican maintained a Diocese in the SAR overseen by a local Bishop. 
According to the Basic Law, the PRC Government has no authority over 
religious practices in the SAR.
    Some groups, such as the Falun Gong and various traditional Chinese 
meditation and exercise groups (known collectively as ``qigong'' 
groups) that do not consider themselves religions, have registered 
under the Societies Ordinance. In July, a Falun Gong practitioner 
claimed that the group had submitted 72 applications to rent a 
government venue for its 2001 and 2002 conferences but was told each 
time that the venues were already booked. According to the Falun Gong 
practitioner, the group later discovered that, on the relevant dates, 
one of the requested venues was empty. Similarly, a private hotel 
canceled a Falun Gong banquet room booking because of the group's 
``terrorist risk.'' According to press reports, Falun Gong successfully 
sued the hotel in small claims court.
    During April and May, the Government barred 41 Falun Gong 
practitioners from entering the SAR for ``security reasons.'' Most of 
the practitioners were attempting to attend Falun Gong's annual 
conference at a privately owned facility. Approximately 350 
practitioners were granted entry to attend the conference of 
approximately 700 persons.
    For a more detailed discussion, see the 2004 International 
Religious Freedom Report.

    d. Freedom of Movement, Foreign Travel, Emigration, and 
Repatriation.--The Basic Law provides residents freedom of movement 
within Hong Kong, freedom of emigration, and freedom to enter and leave 
the territory, and the Government generally respected these rights in 
practice, with some prominent exceptions. Most residents obtained 
travel documents freely and easily from the SAR Government. There were 
limits on travel to the mainland imposed by the PRC Government.
    As was the case before the handover, the Government does not 
recognize the Taiwan passport as valid for visa endorsement purposes.
    The law does not provide for, and the Government did not use, 
forced exile.
    The Government continued to deny some prominent overseas dissidents 
entry or visas to enter Hong Kong. In April, 12 Falun Gong 
practitioners from Taiwan and Macau were barred from entering Hong Kong 
for what officials described as ``security reasons'' (see Section 
2.c.). In May, the Government denied a request to allow two 1989 
Tiananmen Square student leaders to enter the SAR to participate in a 
conference focused on the Tiananmen Square massacre. Earlier in the 
year, other Tiananmen Square student leaders had been allowed to enter 
to engage in uncontroversial activities.
    PRC authorities do not permit some Hong Kong human rights activists 
and pro-democracy legislators to visit the mainland. During the year, 
however, there were several prominent exceptions. In April, three pro-
democracy Legco members traveled to Shenzhen to meet with the Deputy 
Chief of NPC Legislative Affairs Commission. In July, a political 
activist filmmaker was permitted to visit Shanghai, and, in September, 
his PRC-issued entry and exit permit was renewed for 10 years. In 
August, PRC officials denied entry to a prominent Democratic Party 
leader but later said this had been a bureaucratic mistake. And on 
September 30, nine newly elected lawmakers from the pro-democracy 
coalition went to Beijing to attend National Day celebrations.
    The 1951 U.N. Convention Relating to the Status of Refugees and its 
1967 Protocol do not extend to Hong Kong, and the SAR eliminated its 
temporary protection policy, which was extended only to Vietnamese in 
1998. On a case-by-case basis, the Director of Immigration has 
discretion to grant refugee status or asylum in cases of exceptional 
humanitarian or compassionate need, but the Immigration Ordinance does 
not provide foreigners any right to have asylum claims recognized. The 
Government practice is to refer refugee and asylum claimants to a 
lawyer or to the office of the U.N. High Commissioner for Refugees 
(UNHCR). Those granted refugee status, as well as those awaiting UNHCR 
assessment of their status, receive a UNHCR subsistence allowance but 
are not allowed to seek employment or enroll their children in local 
schools. The UNHCR worked with potential host country representatives 
to resettle those few persons designated as refugees. Government policy 
is to repatriate all illegal immigrants, including those who arrive 
from the mainland, as promptly as possible. During the first half of 
the year, 1,683 illegal PRC immigrants were repatriated to the 
mainland.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    Residents' right to change their government is limited by the Basic 
Law, which provides for the selection of the Chief Executive by an 800-
person selection committee (composed of individuals who are either 
directly elected, indirectly elected, or appointed), the direct 
election of only 30 of the 60 Legislative Council members, and the 
inclusion of appointed members to the elected district councils. The 
approval of the Chief Executive, two-thirds of the legislature, and two 
thirds of Hong Kong's National People's Congress delegates is required 
to place an amendment to the Basic Law originating in Hong Kong on the 
agenda of the PRC's National People's Congress, which has the sole 
power to amend the Basic Law.
    The Government is authorized to exercise a high degree of autonomy 
and to enjoy executive, legislative, and independent judicial power. It 
contains an executive branch staffed by a professional and independent 
civil service, and a two-tiered legislative branch consisting of the 
Legislative Council and 18 district councils. The Basic Law provides 
for selection of a Chief Executive in 1997 and 2002 by the Election 
Committee made up of 800 local residents.
    The Basic Law permits amendment of the Chief Executive selection 
process by a two-thirds majority of the Legislative Council, with the 
consent of the Chief Executive and the National People's Congress 
Standing Committee. The Basic Law states that ``the ultimate aim is the 
selection of the Chief Executive by universal suffrage upon nomination 
by a broadly representative nominating committee in accordance with 
democratic procedures.'' Similarly, the Basic Law states that the 
``ultimate aim is the election of all the members of the Legislative 
Council by universal suffrage.''
    In April, the NPC Standing Committee issued a self-initiated 
interpretation of the Basic Law cutting short local debate and 
rejecting universal suffrage for Hong Kong in the 2007 and 2008 
elections. The NPC also determined that the current 50-50 ratio for 
directly elected geographic seats and indirectly elected functional 
constituency seats in Legco must remain indefinitely in place. In 
addition, the NPC narrowed the circumstances in which Legco members 
would be permitted to initiate legislation. The NPC decision left room 
for amendments to the election processes, albeit strictly within the 
limits dictated by the NPC Standing Committee. During the year, a Task 
Force on Constitutional Development solicited local views on selecting 
the Chief Executive and the Legco in 2007 and 2008 in line with the 
NPC's determination. In December, the Task Force issued a report, which 
included, among other ideas: Expanding the Election Committee size from 
800 to between 1,200 and 1,600 and broadening its representation; 
broadening the representation and size of the group, currently about 
163,500 voters, that selects Election Committee members; and increasing 
the number of seats in the Legco from 60 to between 70 and 80, while 
maintaining the balance between geographic and functional 
constituencies. The Chief Secretary, who heads the Government's civil 
service, said that the proposals made clear that the people expect the 
Government to move eventually toward the goal of universal suffrage.
    In September, Legislative Council members were elected to 4-year 
terms; 30 members were elected directly from geographic districts 
through universal suffrage, and 30 from functional or occupational 
constituencies. Candidates who considered themselves democracy 
advocates won 18 of the 30 seats elected on a geographic basis and 25 
seats overall. There were 199,539 persons eligible to vote in the 
functional constituencies.
    Prior to the September elections, several newspapers reported that 
some pro-PRC companies and organizations were demanding that staff use 
their mobile phone cameras to photograph their ballots. In response to 
these allegations, which pro-PRC candidates denied, the Electoral 
Commission banned mobile phone cameras in the polling booths and 
removed booth curtains so that polling officials could view booth 
activity. No incidents of ballot photographing were reported.
    The Government was criticized for not having enough ballot boxes at 
the polls on Election Day. Ballot box shortages forced some polling 
stations to close temporarily and caused long lines and delays. There 
were accusations that some election officials opened sealed ballot 
boxes in order to make room for additional ballots. Premature opening 
of ballot boxes is considered a violation of international election 
standards. There were no accusations of ballot tampering connected with 
the incidents, and it was generally believed that there was no 
systematic effort to illegally alter the outcome of the election. The 
Electoral Affairs Commission conducted an investigation and issued a 
report in December stating that a ballot box design flaw led to the 
problems but that the integrity of the election was not affected.
    The Electoral Affairs Commission received more than 1,600 
complaints on Election Day--up from 1,427 complaints during the 2000 
election. Approximately 25 percent involved complaints about the 
nuisance caused by candidates' loudspeakers, advertisements, and 
telephone canvassing. Election guidelines call for campaign-free zones 
outside the polling stations, specify how advertisements should be 
prepared, recommend that advertisements carry the name and address of 
the publisher, and require all statements to be factually accurate. 
Approximately 10 percent of the complaints were about voting 
arrangements, such as long lines and the shortage of ballot boxes. 
There were six complaints of bribery and one complaint of coercion. The 
Electoral Affairs Commission promised to investigate thoroughly all 
complaints. Meanwhile, the ICAC received and is working on 87 
complaints regarding the election--up slightly from 2000.
    The Basic Law substantially limits the ability of the legislature 
to influence policy by requiring separate majorities among members 
elected from geographical and functional constituencies to pass a bill 
introduced by an individual member. Another Basic Law provision 
prohibits the Legislative Council from putting forward bills that 
affect public expenditure, political structure, or government 
operations. Bills that affect government policy cannot be introduced 
without the Chief Executive's written consent. The Government has 
adopted a very broad definition of ``government policy'' in order to 
block private member bills, and the President of the Legislative 
Council has upheld the Government's position.
    The Executive Council (Exco) functions as the Chief Executive's 
cabinet. Exco includes 11 political appointees who run the 11 policy 
bureaus, and the Chief Secretary, Financial Secretary, and Justice 
Secretary, who are also political appointees. These 14 members are 
chosen by the Chief Executive and approved by the PRC Government. The 
Exco also includes members of two political parties, a labor leader, 
and two other private citizens, also appointed by the Chief Executive.
    District Councils are responsible for advising the Government on 
matters affecting: (1) the well being of district residents; (2) the 
provision and use of public facilities; and (3) the use of public funds 
allocated for local public works and community activities. The District 
Council Ordinance gives the Chief Executive authority to appoint 102 
out of 529 of the District Councilors, and he exercises this power in 
practice.
    Hong Kong sends 36 delegates to the PRC's National People's 
Congress (NPC). In 2002, Hong Kong's NPC delegates were elected to a 5-
year term by an NPC-appointed committee of 955 residents. Politicians 
and human rights activists criticized the election process as 
undemocratic and lacking transparency. In September, for the first time 
in Hong Kong's history, two local NPC delegates won directly elected 
seats in the Legco. One NPC delegate lost his bid for a directly 
elected Legco seat.
    The Government vigorously and with apparent success combated 
official corruption through the Prevention of Bribery Ordinance and the 
Independent Commission Against Corruption.
    The law provides for access to government information, and, in 
practice, such information was provided to both citizens and non-
citizens with exceptions that are narrowly defined and could be 
appealed.
    Women hold 11 of the 60 Legislative Council seats (the same number 
as in the previous Legislative Council) and made up between 17 and 23 
percent of membership in the major political parties. The President of 
the previous Legislative Council was a woman, as are the heads of 
several government departments. More than one-third of civil servants 
were women, and 2 of the 15 most senior Government officials were 
women.
    There were no ethnic minorities in the Legislative Council, but 
there were a number of ethnic minorities in senior civil service 
positions.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    A wide variety of domestic and international human rights groups 
generally operated without government restriction, investigating and 
publishing their findings on human rights cases. These organizations 
had unrestricted contacts with the local community and with groups 
overseas. Government officials were generally receptive to, and 
respectful of, their views. Prominent human rights activists critical 
of the PRC also operated freely and maintained permanent resident 
status in Hong Kong, but overseas dissidents sometimes had difficulty 
gaining entry to the SAR.
    Under the Basic Law, the International Covenant on Civil and 
Political Rights and the International Covenant on Economic, Social, 
and Cultural Rights apply to Hong Kong. The PRC Government transmits 
Hong Kong's reports, mandated under these covenants, without editing, 
to the U.N. The SAR Government and several domestic NGOs have testified 
before several U.N. human rights committees, including the U. N. Human 
Rights Commission in Geneva. The hearings, including the Commission's 
concerns, have received widespread and balanced press coverage.
    The Office of the Ombudsman has wide powers to investigate and 
report on public grievances stemming from administrative actions of the 
executive branch and other designated public bodies. The Ombudsman may 
protect complainants when publishing investigative reports. In addition 
to responding to public complaints, the Ombudsman also initiates 
investigations. The Ombudsman has the option of reporting directly to 
the Chief Executive if organizations refuse to act upon his 
recommendations, or if the violations are considered serious. The Chief 
Executive is bound by law to present such reports to the legislature. 
The Ombudsman (Amendment) Ordinance, passed in 2001, strengthened the 
independence of the Ombudsman by de-linking the office from government 
systems and processes. It empowers the office to set terms and 
conditions of appointment for staff and to manage its own financial and 
administrative matters.
    The Ombudsman does not have oversight authority over the police, 
the Independent Commission Against Corruption, or the Office of the 
Privacy Commissioner for Personal Data, although it may investigate 
complaints of noncompliance with the code on access to information by 
government departments, including the police and the Independent 
Commission Against Corruption. With regard to election-related 
complaints, the Ombudsman may investigate only those complaints made 
against the Registration and Electoral Office, not those made against 
the Electoral Affairs Commission.
Section 5. Discrimination, Societal Abuse, and Trafficking in Persons
    The Basic Law provides that all Hong Kong residents are equal 
before the law. The Bill of Rights Ordinance, which incorporates into 
law the International Covenant on Civil and Political Rights, entitles 
residents to the civil and political rights recognized therein 
``without distinction of any kind, such as race, color, sex, language, 
religion, political or other opinion, national or social origin, 
property, birth or other status.'' The ordinance applies only to the 
Government, public authorities, and persons acting on their behalf. It 
does not apply to private persons or entities. Three pieces of anti-
discrimination legislation--the Sex Discrimination Ordinance, the 
Disability Discrimination Ordinance, and the Family Status 
Discrimination Ordinance--make it illegal for any person or entity 
(public or private) to discriminate on the grounds of sex, marital 
status, pregnancy, disability, or family status, and prohibits behavior 
such as sexual harassment, harassment or vilification on the grounds of 
disability, and discriminatory advertising. The Disability 
Discrimination Ordinance also protects persons with HIV/AIDS from 
discrimination, and permits them to take legal action or seek 
assistance from the Equal Opportunity Commission (EOC) through the 
formal complaint process.
    The EOC was established in 1996 to help eliminate discrimination 
and to promote equality of opportunity without regard to gender, 
disability, and family status. In December, the Government appointed 
the former Privacy Commissioner to a 5-year term as EOC Commissioner.
    During the first half of the year, the EOC received 275 complaints, 
of which 261 required investigation and conciliation. The Commission 
concluded 381 cases, including cases from previous years. Of these, 168 
were discontinued for various reasons, including withdrawal by the 
complainant, agreement reached before an investigation was completed, 
and a lack of substance. Of the remaining concluded cases, 114 were 
successfully conciliated. Legal assistance remains available for 
unsuccessful complainants.

    Women.--Local public health officials remain concerned about 
violence against women, particularly among new immigrants from the 
mainland. The Domestic Violence Ordinance allows a woman to seek a 3 
month injunction, extendable to 6 months, against her husband. Domestic 
violence also may be prosecuted as common assault. The Government 
enforced the law and prosecuted violators, but sentences typically 
consisted only of injunctions or restraining orders. During the first 
half of the year, there were 3,298 cases of domestic violence reported 
to the Social Welfare Department, which receives reports from the 
police, social workers, the Health Department, and volunteer 
organizations.
    The Government funded programs such as family life education 
counseling, a hotline service, temporary housing, legal aid, and child 
protective services. It also sponsored public education and media 
programs through the Women's Commission to promote public awareness and 
encourages women to seek early professional assistance.
    There were 46 cases of rape reported to the police during the first 
half of the year and 70 in all of 2003. The 2002 Statute Law 
(Miscellaneous Provisions) Bill criminalizes marital rape. In 2003, the 
legislature passed an amendment to the Crimes Ordinance expressly 
clarifying that the term ``unlawful sexual intercourse'' could be 
applied both outside and inside the bounds of marriage. During the 
first half of the year, 492 indecent assault cases were reported to the 
police.
    In April, Amnesty International criticized the Government for 
failing to take appropriate action prior to the killings of a mother 
and her two daughters. The police launched an internal investigation 
after acknowledging that the woman sought help at a police station 
hours before her husband allegedly killed her. An investigation by the 
Social Welfare Department determined that the local district government 
where the killings occurred lacked adequate social services to deal 
with its expanding population. In November, the Secretary for Health, 
Welfare and Food announced that more resources would be allocated to 
tackle the problem of domestic violence.
    The number of women seeking help from the crisis center for victims 
of sexual violence more than tripled from 2001. The center handled 99 
cases in the first half of the year. A study released by the center 
during the year showed that many women were reluctant to come forward, 
with one in six victims waiting as long as 10 years before reporting an 
attack.
    Prostitution is legal, but there are laws against activities such 
as causing or procuring another to be a prostitute, living on the 
prostitution of others, or keeping a vice establishment. Hong Kong is a 
transit and destination point for persons trafficked for the purposes 
of sexual exploitation (see Section 5, Trafficking.).
    The Sex Discrimination Ordinance prohibits sexual harassment of 
women seeking employment or already working in an organization. The EOC 
reported 40 sexual harassment complaints in the first half of the year. 
In August, the Government agreed to amend the ordinance to extend the 
definition of sexual harassment in schools in order to prevent sexually 
hostile environments. The change, proposed by the EOC, would close a 
loophole that allowed behavior in schools that is banned in the 
workplace. It covers conduct not specifically directed at a person, 
such as chanting obscene slogans or displaying posters with sexual 
content. The changes were proposed in response to allegations of sexual 
harassment at a Chinese University orientation camp in 2002.
    Women faced discrimination in employment, salary, welfare, 
inheritance, and promotion. A survey released in March found that 
nearly 80 percent of women workers feel they are the victims of 
discrimination.
    Women entered professional fields, including sciences and 
engineering, law, teaching, accounting, social sciences, health, and 
medicine, in growing numbers. As of June, 35.1 percent of professionals 
employed in these fields were women. About 21 percent of judicial 
officers and judges were women. In the Legislative Council, women held 
11 of the 60 seats. According to a survey released in February, about 
three-quarters of private companies have women in senior management 
positions, and women occupied more than a quarter of the senior 
management posts. Women were still disproportionately represented in 
the lower echelons of the work force.
    The law treats men and women equally in inheritance matters, 
although women still faced discrimination based on traditional 
practices, such as in the inheritance of homes in rural areas of the 
New Territories.

    Children.--The Government supported children's rights and welfare 
through well-funded systems of public education, medical care, and 
protective services. The Education Department provided schooling for 
children between 6 and 15 years of age and placement services for non-
Chinese speaking children. Education is free and compulsory through 
grade nine. The Government supported programs for custody, protection, 
day care, foster care, shelters, small group homes, and assistance to 
families.
    The Government provided subsidized, quality medical care for all 
children who are residents.
    In 2003, legislation raised the age of criminal responsibility for 
children from 7 to 10 years. During the first half of the year, there 
were 86 youths under the age of 16 who were incarcerated: 19 in prison, 
15 in training centers, 25 in detention centers, 25 in rehabilitation 
centers, and 2 in drug addiction treatment centers.
    Statistics on child abuse and exploitation were limited. During the 
first half of the year, there were 459 child abuse cases reported to 
the police: 257 involved physical abuse (referring to victims under 14 
years of age) and 202 involved sexual abuse (referring to victims under 
17 years of age).
    In December 2003, the Government enacted the Prevention of Child 
Pornography Ordinance, which criminalizes the making, production, 
distribution, publication, advertising, and possession of child 
pornography. It also prohibits the procurement of children for making 
pornography, extends the application of certain sexual offense 
provisions to acts committed against children outside of Hong Kong, and 
prohibits any arrangement or advertising relating to commission of 
those acts. In May, police used the new law to conduct a sweep of child 
pornography websites and arrested 18 persons.
    The Government provided parent education programs in all 50 of the 
Department of Health's Maternal and Child Health Centers, which 
included instruction on child abuse prevention. The Social Welfare 
Department commissioned research on domestic violence, including child 
abuse. The police maintained a child abuse investigation unit and a 
child witness support program. A Child Care Center Law helps prevent 
unsuitable persons from providing childcare services and facilitates 
the formation of mutual help childcare groups. There are substantial 
legal penalties for mistreatment or neglect of minors.

    Trafficking in Persons.--There is no law prohibiting trafficking in 
persons. There are various laws and ordinances that allow law 
enforcement authorities to take action against traffickers. Despite 
robust efforts by the SAR Government to stop such activities, Hong Kong 
was a point of transit and destination for persons trafficked for 
sexual exploitation and forced labor from China and Southeast Asia. It 
was difficult for the Government to identify trafficking victims from 
among the larger group of illegal immigrants.
    Traffickers have used forged or illegally obtained travel documents 
to attempt to smuggle persons through the Hong Kong airport. During the 
first half of the year, authorities intercepted 1,288 forged travel 
documents and arrested 12 persons for related offenses.
    A Hong Kong University study on the trafficking of women for the 
purposes of prostitution found that from 1990 to 2000, there were 39 
cases of women lured to Hong Kong with false promises of legitimate 
employment who were forced or coerced to work as prostitutes. Large 
numbers of illegal immigrant women from the mainland voluntarily 
engaged in prostitution with the reported assistance of organized 
criminal groups.
    Prostitution is legal, but there are laws against some related 
activities that make prostitution illegal in certain circumstances (see 
Section 5, Women). The authorities combat illegal prostitution by 
nonresidents through strict immigration controls and by arresting and 
prosecuting illegal prostitutes and their employers. During the first 
half of the year, 5,133 nonresident women prostitutes were arrested. 
Most of those arrested were deported rather than formally charged. The 
police do not keep statistics on the number of persons arrested who are 
employers of prostitutes. However, the Crimes Ordinance stipulates that 
a person who controls another person for purposes of prostitution can, 
upon conviction and indictment, be imprisoned for 14 years, and a 
person who knowingly lives wholly or in part on the earnings of 
prostitution of another can be sentenced to 10 years' imprisonment. 
During the first half of the year, 41 persons were convicted of these 
offenses, and, in 2003, 119 people were convicted. The majority of 
those convicted were sentenced to immediate imprisonment.
    During the year, there were no known reports of persons being 
trafficked into the SAR to work as domestics.
    Provisions in the Immigration Ordinance, the Crimes Ordinance, and 
other relevant laws enabled law enforcement authorities to take action 
against trafficking in persons. The courts can impose heavy fines and 
prison sentences for up to 14 years for such activities as arranging 
passage of unauthorized entrants into Hong Kong, assisting unauthorized 
entrants to remain, using or possessing a forged, false or unlawfully 
obtained travel document, and aiding and abetting any person to use 
such a document. The Security Bureau is responsible for combating 
migrant trafficking and overseeing the police, customs, and immigration 
departments, which are responsible for enforcing anti-trafficking laws. 
Law enforcement officials received special training on handling and 
protecting victims and vulnerable witnesses, including victims of 
trafficking.
    The Government provided legal aid to those taking legal action 
against an employer, and immunity from prosecution for those who assist 
in the investigation and prosecution of traffickers. The Social Welfare 
Department and local NGOs also provided an array of social services to 
victims of trafficking. The Government did not provide funding to 
foreign or domestic NGOs for services to victims. The Government also 
tried to prevent trafficking by distributing pamphlets, in a wide range 
of languages, to workers about their rights.

    Persons With Disabilities.--Discrimination against physically and 
mentally disabled persons persisted in employment, education, and the 
provision of some public services. The Disability Discrimination 
Ordinance calls for improved building access and sanctions against 
those who discriminate. Also, the Buildings Ordinance was amended in 
2003 to update design requirements. However, despite inspections and 
the occasional closure of noncompliant businesses, access to public 
buildings (including public schools) and transportation remained a 
serious problem for persons with disabilities.
    The Government offered an integrated work program in sheltered 
workshops and provided vocational assessment and training. No 
comprehensive statistics were available on the number of persons with 
disabilities in the work force, but the last government survey 
conducted in 2000 estimated that there were approximately 269,500 
persons with one or more disabilities, including 225,600 persons with 
physical disabilities and 52,700 with mental disabilities. According to 
the survey, of the 269,500 persons with disabilities, 52,500 were 
employed and 59,700 were considered ``economically active,'' including 
small business owners and street vendors. However, a consortium of 
organizations representing persons with disabilities reported in 2002 
that approximately 700,000 residents were disabled, about half of whom 
were able to work. As of June 30, there were 3,162 persons with 
disabilities employed as civil servants out of a total civil service 
work force of 163,101. During the first half of the year, the Labor 
Department's Selective Placement Division found jobs for 1,057 of 2,226 
disabled job seekers. Approximately 10,400 students out of a school 
population of 840,000 (1.2 percent) were disabled.
    The EOC sponsored a variety of activities to address discrimination 
against persons with disabilities, including youth education programs, 
distributing guidelines and resources for employers, carrying out media 
campaigns, and co-sponsoring seminars and research.

    National/Racial/Ethnic Minorities.--At year's end, a bill to 
prohibit racial discrimination in employment, education, provision of 
goods and services, use and renting of facilities or household 
properties, consultative and mandatory organizations, lawyers' 
apprenticeship practices, and government and public bodies was on the 
Legco's agenda for 2004 05.
    The Government's legally non-binding ``Code of Practice for 
Employers,'' put into place in 2001 and designed to prevent 
discrimination, states that race, among other factors, should not be 
considered when hiring employees. The Government's Race Relations Unit 
funded numerous projects promoting racial harmony.
    Minorities, who make up approximately 5.1 percent of the 
population, were well represented in the civil service and many 
professions. Foreign domestic workers, most of whom are from the 
Philippines and Indonesia, may be vulnerable to discrimination. An 
Indonesian Migrant Workers Union was established in 2000 to unite 
Indonesian domestic helpers throughout Asia to protect members from 
abuse and exploitation. The organization served the approximately 
87,850 Indonesian domestic helpers who worked in the SAR. Similar 
organizations worked for the interests of Philippine domestic helpers, 
of whom there were approximately 121,500.
Section 6. Worker Rights
    a. The Right of Association.--The law provides for the right of 
association and the right of workers to establish and join 
organizations of their own choosing. Trade unions must register under 
the Trade Unions Ordinance. The basic precondition for registration is 
a minimum membership of seven persons. The Trade Unions Ordinance does 
not restrict union membership to a single trade, industry, or 
occupation and the Government did not discourage or impede the 
formation of unions. Trade unions were independent of political parties 
and the Government.
    During the first half of the year, 12 new unions were registered, 
while 3 were deregistered; there were 698 registered trade unions. In 
2003, 21.8 percent of the 3,066,800 salaried employees and wage earners 
belonged to a labor organization.
    The Employment Ordinance includes provisions that protect against 
anti-union discrimination. Violation is a criminal offense with a 
maximum fine of $12,800 (HK$100,000). Employees who allege such 
discrimination have the right to have their cases heard by the Labor 
Relations Tribunal. The Tribunal may order reinstatement of the 
employee, subject to mutual consent of the employer and employee. The 
Tribunal may award statutory entitlements (for instance, severance pay) 
and compensation. The maximum amount of compensation is $19,230 
(HK$150,000). Some labor activists have complained that the Labor 
Tribunals tended to push conciliation rather than issue orders.
    The Basic Law commits the SAR to 41 International Labor 
Organization (ILO) conventions, and the Government has amended labor 
legislation and taken administrative measures to comply.
    The Employment and Labor Relations (Miscellaneous Amendments) 
Ordinance permits the cross-industry affiliation of labor union 
federations and confederations and allows free association with 
overseas trade unions. Notification of the Labor Department within 1 
month of affiliation is required.

    b. The Right to Organize and Bargain Collectively.--In 1997, the 
pre-handover Legislative Council passed three laws that greatly 
expanded the collective bargaining powers of workers, protected them 
from summary dismissal for union activity, and permitted union activity 
on company premises and time. Had they not been amended, the new 
ordinances would have enabled full implementation of ILO Conventions 
87, 98, and 154. However, in 1997, after consultation with the Labor 
Advisory Board, the Provisional Legislature repealed the Employee's 
Right to Representation, Consultation, and Collective Bargaining 
Ordinance and the Employment (Amendment) Ordinance, and amended the 
Trade Union (Amendment) Ordinance. The repeals removed the new 
legislation's statutory protection against summary dismissal for union 
activity; the Government asserted that existing law already offered 
adequate protection against unfair dismissal arising from anti-union 
discrimination.
    The 1997 Employment and Labor Relations (Miscellaneous Amendments) 
Ordinance removes the legal stipulation of trade unions' right to 
engage employers in collective bargaining. The ordinance bans the use 
of union funds for political purposes, requires the Chief Executive's 
approval before unions can contribute funds to any trade union outside 
of the SAR, and restricts the appointment of persons from outside the 
enterprise or sector to union executive committees. In a few trades 
such as tailoring and carpentry, wage rates were determined 
collectively in accordance with established trade practices and customs 
rather than a statutory mechanism, but collective bargaining was not 
practiced widely. Unions were not powerful enough to force management 
to engage in collective bargaining. The Government did not engage in 
collective bargaining with civil servants' unions.
    The Workplace Consultation Promotion Unit in the Labor Department 
facilitated communication, consultation, and voluntary negotiation 
between employers and employees. Tripartite committees for each of nine 
sectors of the economy included representatives from trade unions, 
employers, and the Labor Department.
    Work stoppages and strikes are legal. There are some restrictions 
on this right for civil servants. Although there is no legislative 
prohibition of strikes, in practice, most workers had to sign 
employment contracts that typically stated that walking off the job is 
a breach of contract, which could lead to summary dismissal.
    There were a number of labor stoppages during the year, including a 
series of strikes by swimming pool lifeguards concerning staff and pay 
cuts. Chicken wholesalers struck over an avian flu-related ban on 
imports of mainland origin chicken.
    There are no export processing zones.

    c. Prohibition of Forced or Compulsory Labor.--The law prohibits 
forced or compulsory labor. Although the law does not specifically 
prohibit forced or compulsory labor by children, there were no reports 
that such practices occurred.

    d. Prohibition of Child Labor and Minimum Age for Employment.--The 
Employment of Children Regulations prohibit employment of children 
under the age of 15 in any industrial establishment. Children 13 and 14 
years of age may work in certain non industrial establishments, subject 
to conditions aimed at ensuring a minimum of 9 years' education and 
protecting their safety, health, and welfare. The Labor Department 
conducted regular workplace inspections to enforce compliance with the 
regulations. During the first half of the year, the Labor Department 
conducted 57,936 inspections and discovered one violation of the 
Employment of Children Regulations, resulting in the assessment of $450 
(HK$3,500) in fines. The regulations limit work hours in the 
manufacturing sector for persons 15 to 17 years of age to 8 hours per 
day and 48 hours per week between 7 a.m. and 7 p.m. They also prohibit, 
for persons under 18 years of age, overtime in industrial 
establishments with employment in dangerous trades.

    e. Acceptable Conditions of Work.--There is no statutory minimum 
wage except for domestic workers of foreign origin. Aside from a small 
number of trades where a uniform wage structure exists, wage levels 
customarily are fixed by individual agreement between employer and 
employee and are determined by supply and demand. Some employers 
provided workers with various kinds of allowances, free medical 
treatment, and free subsidized transport. The average wage generally 
provided a decent standard of living for a worker and family. Two-
income households were the norm. There are no regulations concerning 
working hours, paid weekly rest, rest breaks, or compulsory overtime.
    The minimum wage for foreign domestic workers was approximately 
$419 per month (HK$3,270). The standard workweek was 48 hours, but many 
domestic workers worked far longer hours. The standard contract law 
requires employers to provide foreign domestic workers with housing, 
worker's compensation insurance, travel allowances, and food or a food 
allowance in addition to the minimum wage, which together provide a 
decent standard of living. Foreign domestic workers can be deported if 
dismissed. During the first half of the year, 48 foreign domestic 
workers filed suit for maltreatment.
    The Occupational Safety and Health Branch of the Labor Department 
is responsible for safety and health promotion, enforcement of safety 
management legislation, as well as policy formulation and 
implementation.
    The Factories and Industrial Undertakings Ordinance, the 
Occupational Safety and Health Ordinance, the Boilers and Pressure 
Vessels Ordinance, and their 35 sets of subsidiary regulations regulate 
safety and health conditions. During the first half of the year, the 
Labor Department conducted 61,707 inspections of workplaces and issued 
983 summonses, resulting in a total of $1,312,500 (HK$10,237,900) in 
fines. Worker safety and health has improved over the years, but 
serious problems remained, particularly in the construction industry. 
During the first half of the year, there were 9,820 occupational 
injuries, of which 3,934 were classified as industrial accidents. There 
were 10 fatal industrial accidents. Employers are required under the 
Employee's Compensation Ordinance to report any injuries sustained by 
their employees in work-related accidents. There is no specific legal 
provision allowing workers to remove themselves from dangerous work 
situations without jeopardy to continued employment.

                                 MACAU

    Macau, a 13-square-mile enclave on the south China coast, reverted 
from Portuguese to Chinese administration in 1999. As a Special 
Administrative Region (SAR) of the People's Republic of China (PRC), 
Macau enjoys a high degree of autonomy except in defense and foreign 
affairs, and its citizens have basic freedoms and enjoy legally 
protected rights. The Basic Law is the SAR's constitution, promulgated 
by PRC's National People's Congress (NPC) in 1993. The 1987 Sino-
Portuguese Joint Declaration and the Basic Law specify that the SAR is 
to continue to enjoy substantial autonomy and its economic system and 
way of life are to remain unchanged for the first 50 years under PRC 
sovereignty. The Government is led by a chief executive, chosen by a 
300-member election committee, which in turn is chosen by a preparatory 
committee composed of 60 SAR and 40 mainland representatives appointed 
by the NPC. In August, the committee re-elected Edmund Ho to a second 
term as Chief Executive. The most recent legislative elections were in 
2001, when voters elected 10 of the legislature's 27 members in direct 
elections based on geographical constituencies. Interest groups in 
functional constituencies elected 10 others, and the Chief Executive 
appointed the remaining 7 members. There are limits on the types of 
bills that may be initiated by individual members of the legislature. 
The judiciary is independent.
    The Public Security Police, which was created at the time of the 
handover through a merger of the various police force branches, has 
primary responsibility for law enforcement and maintenance of public 
order. The civilian authorities maintained effective control of the 
police. The People's Liberation Army maintained a garrison of 
approximately 800 soldiers in the SAR. According to the Macau Garrison 
Law, the Chief Executive can call on the garrison to maintain public 
order, but it has never been used for this purpose. There were no 
reports that security forces committed human rights abuses.
    The market-based economy was fueled by textile and garment exports, 
infrastructure investment, and construction, along with tourism and 
gambling. The population was approximately 461,000. The economy grew at 
an annual rate of 30.5 percent in the first 9 months of the year.
    The Government generally respected the human rights of its 
citizens; however, there were problems in some areas. These problems 
included the limited ability of citizens to change their government, 
limits on the legislature's ability to initiate legislation, and a lack 
of legal protection for strikes and collective bargaining rights.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Arbitrary or Unlawful Deprivation of Life.--There were no 
reports of the arbitrary or unlawful deprivation of life committed by 
the Government or its agents.
    There were no reports of suspicious deaths in custody. The Public 
Prosecutions Office filed a criminal investigation concerning one of 
the Judiciary Police officers involved in the 2002 death of a prisoner 
in custody. An investigation into the conduct of a second officer was 
ongoing at year's end.

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

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The law prohibits such practices, and the Government 
generally respected these provisions in practice. During the year, 
there were 21 reports of police brutality, compared with no reports in 
2003.
    Prison conditions met international standards, and the Government 
permitted visits by independent human rights observers. As of October, 
the prison population was 872, almost one-quarter of whom were from the 
PRC. At year's end, the SAR and the PRC had not reached an agreement on 
prisoner transfers. Female prisoners were held separately from male 
prisoners, juveniles were held separately from adults, and pretrial 
detainees were separated from convicted prisoners.

    d. Arbitrary Arrest or Detention.--The law prohibits arbitrary 
arrest and detention, and the Government generally observed these 
prohibitions. Civilian authorities, specifically the Secretary for 
Security, supervised and controlled the police. The Public Security 
Police was well disciplined. The Commission Against Corruption acted to 
preclude problems with corruption.
    Police must present persons remanded in custody to an examining 
judge within 48 hours of detention. The examining judge, who conducts a 
pretrial inquiry in criminal cases, has a wide range of powers to 
collect evidence, order or dismiss indictments, and determine whether 
to release detained persons. The accused person's counsel may examine 
the evidence. The law provides that cases must come to trial within 6 
months of an indictment. The estimated average length of pretrial 
incarceration was 3 to 6 months. Judges often refused bail in cases 
where sentences could exceed 3 years.

    e. Denial of Fair Public Trial.--The law provides for an 
independent judiciary, and the Government generally respected this 
provision in practice. According to the Basic Law, the courts have the 
power of final adjudication in all cases that are within the authority 
of the SAR. The courts also may rule on matters that are ``the 
responsibility of the Central People's Government or concern the 
relationship between the central authorities and the [Special 
Administrative] Region''; however, before making their final judgment 
(a judgment not subject to appeal), the courts must seek an 
interpretation of the relevant provisions from the NPC's Standing 
Committee. When the Standing Committee makes an interpretation of the 
provisions concerned, the courts, in applying those provisions, ``shall 
follow the interpretation of the Standing Committee.'' The Standing 
Committee must consult the NPC's Committee for the Basic Law of the SAR 
before giving an interpretation of the law. This committee is composed 
of 10 members, 5 from the SAR and 5 from the mainland. The Chief 
Executive, the President of the Legislative Assembly, and the President 
of the Court of Final Appeal nominate the SAR members.
    The Basic Law provides for the use of Portuguese, in addition to 
Chinese, as an official language by executive authorities, the 
legislature, and the judiciary. The need to translate laws and 
judgments from Portuguese and a severe shortage of local bilingual 
lawyers and magistrates have hampered development of the legal system. 
At year's end, there were 105 lawyers in private practice in the SAR, 
of whom 14 spoke Mandarin and Cantonese and 27 spoke only Cantonese. 
The Government sponsored a postgraduate training program for 
magistrates who had received legal training outside of the SAR. The 
judiciary was relatively inexperienced and lacked locally trained 
lawyers. The first law school in the SAR opened in the early 1990s.
    According to the Basic Law, the Chief Executive appoints judges at 
all levels, acting on the recommendation of an independent commission, 
which he appoints. The commission is composed of local judges, lawyers, 
and ``eminent persons.'' The Basic Law stipulates that judges must be 
chosen on the basis of their professional qualifications. Judges may be 
removed only for criminal acts or an inability to discharge their 
functions. Except for the Chief Justice, who must be a Chinese citizen 
with no right of abode elsewhere, judges may be foreigners.
    There are four courts: the Primary Court, with general jurisdiction 
of first instance; the Administrative Court, with jurisdiction of first 
instance in administrative disputes; the Court of Second Instance; and 
the Court of Final Appeal.
    The law provides for the right to a fair trial, and the judiciary 
generally enforced this right. By law, trials are open to the public, 
except when publicity could cause great harm to the dignity of the 
persons, to public morals, or to the normal development of the trial. A 
decision to close off a trial must be revoked if those factors cease to 
exist, and the verdict must always be delivered in public. The Criminal 
Procedure Code provides for an accused person's right to be present 
during proceedings and to choose an attorney or request that one be 
provided at government expense. The Organized Crime Ordinance provides 
that ``certain procedural acts may be held without publicity and that 
witness statements read in court are admissible as evidence.'' There 
also are additional restrictions on the granting of bail and suspended 
sentences in organized crime cases.
    The judiciary provides citizens with a fair and efficient judicial 
process; however, at times, a period of up to a year passed between the 
filing of a civil case and its scheduled hearing.
    A Public Prosecutor General heads the Public Prosecutions Office. 
It enjoys substantial autonomy from both the executive and the 
judiciary. The Basic Law stipulates that the Public Prosecutions 
Office's functions must be carried out without interference, and the 
Government generally respected the law in practice.
    There were no reports of political prisoners.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The law prohibits such actions, and the Government 
generally respected these prohibitions in practice. A judge's 
authorization is required for any official interference in these areas. 
Any evidence obtained by means of wrongful interference in private 
life, home, correspondence, or telecommunications without the consent 
of the concerned person may not be used in court.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The law provides for freedom of 
speech and of the press, and the Government generally respected these 
rights in practice and did not restrict academic freedom. Local law 
also protects a citizen's right to petition the Government and the 
legislature.
    The print media included eight Chinese-language dailies, three 
Portuguese-language dailies, one Portuguese-language weekly, and six 
Chinese-language weeklies. There were three television networks: Two 
broadcast in Mandarin, and the other included a mix of Portuguese, 
English, and Cantonese programming. Macau Radio broadcast in both 
Portuguese and Chinese (Cantonese and Mandarin). Hong Kong and 
international newspapers were widely available. The dominant 
newspapers, mainly Chinese-language, supported PRC government positions 
in their editorial line, while some of the Portuguese-language press 
published articles critical of mainland policies, such as those 
regarding Tibet and Falun Gong. The Union for Democracy Development 
Macau (UDDM), a nongovernmental organization (NGO) headed by pro-
democracy legislators, charged that newspapers did not give equal 
attention to liberal and pro-democracy voices. At least three leading 
daily newspapers and a leading Hong Kong daily newspaper sold in the 
SAR provided extensive coverage of pro-democracy activities. The press 
regularly published articles critical of the Government, with opinion 
columns often directly criticizing government officials.
    Article 23 of the Basic Law obliges the SAR to enact legislation 
that would forbid any act of treason, secession, sedition, subversion 
against the PRC Government; theft of state secrets; or links to foreign 
political organizations harmful to national security. At year's end, 
the Government had not enacted any such legislation. The Portuguese law 
dealing with crimes against state security became null and void after 
the handover, and no new law has replaced it.
    There were no government-imposed limits on Internet access.

    b. Freedom of Peaceful Assembly and Association.--The law provides 
for freedom of assembly, and the Government generally respected this 
right in practice. Under local law, individuals and groups intending to 
hold peaceful meetings or demonstrations in public places are required 
to notify the president of the relevant municipal council in writing at 
least 3 days, but no more than 2 weeks, in advance of the event. No 
prior authorization is necessary for the event to take place. Local law 
also provides criminal penalties for government officials who 
unlawfully impede or attempt to impede the right of assembly and for 
counter-demonstrators who interfere in meetings or demonstrations.
    The law provides for freedom of association, and the Government 
generally respected this right in practice. The law neither provides 
for, nor prohibits establishment of, political parties. Under the 
Societies Ordinance, persons can establish ``political organizations.'' 
Several such organizations existed, including the pro democracy New 
Democratic Macau Society, headed by a legislator. Civic associations 
and candidates' committees may present candidates for geographic and 
functional constituencies (see Section 3). Article 23 of the Basic Law 
obliges the SAR to enact laws to prohibit foreign political 
organizations from establishing ties with domestic political 
organizations or bodies. At year's end, the Government had not enacted 
such legislation.
    Falun Gong practitioners were allowed to continue their exercises 
and demonstrations in public parks.

    c. Freedom of Religion.--The Basic Law provides for freedom of 
conscience and religious belief as well as freedom to preach and to 
conduct and participate in religious activities, and the Government 
generally respected these rights in practice. The Freedom of Religion 
Ordinance provides for freedom of religion, privacy of religious 
belief, freedom of religious assembly, freedom to hold religious 
processions, and freedom of religious education. There is no state 
religion.
    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. Approximately 
100,000 residents held Portuguese European Union passports, and an 
increasing number held SAR passports that allowed visa-free entry to 
many countries, including EU member states. Most residents also held 
special permits that allowed travel to and from the mainland. There was 
a separate pass for travel to and from Hong Kong.
    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 granted 
refugee status or asylum and provided protection against refoulement, 
the return of persons to a country where they feared prosecution. The 
Migration Department cooperated with the U.N. High Commissioner for 
Refugees in handling refugees. As of November, there were no refugee 
cases.
    In 2002, the SAR enacted the Internal Security Legal Framework, 
which allows the Government to refuse entry or expel any nonresident 
considered inadmissible or constituting a threat to internal security, 
or suspected of having a relationship with transnational crime or 
terrorism. During the year, no person was refused entry based on 
suspicion of having a connection to terrorism; 131 persons were refused 
entry based on suspicion of having a relationship with transnational 
crime; and 4,465 persons were refused entry for internal security 
reasons, primarily for violations of immigration law.
    During the year, 317 illegal migrants and 4,660 overstayers were 
returned to the mainland.
    The Basic Law prohibits forced exile by guaranteeing the right of 
permanent residents to leave and enter the SAR, and the Government 
respected the law.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The Basic Law restricts citizens' ability to change their 
government. The Government is led by a chief executive, chosen by a 
300-member election committee, which in turn is chosen by a 100-member 
preparatory committee, composed of 60 SAR and 40 mainland 
representatives appointed by the NPC.
    An election law enacted in April expanded the number of election 
committee members from 200 to 300, but it did not otherwise move the 
SAR closer to universal suffrage. A pro-democracy legislator refused a 
seat on the election committee after his efforts failed to widen 
further its membership.
    In August, Chief Executive Edmund Ho was re-elected to a second 5-
year term with 296 of the 300 election committee votes.
    The Legislative Assembly, elected in 2001, is composed of 27 
members: 10 elected directly from geographical constituencies; 10 
elected indirectly by local community interests such as business, 
labor, professional, welfare, cultural, educational, and sports 
associations; and 7 appointed by the Chief Executive. Legislative 
elections are held every 4 years, and the Basic Law stipulates that the 
number of legislators is to increase gradually in subsequent elections. 
After 2009, the rules regarding the Assembly's composition may be 
altered by a two thirds majority of the total membership and with the 
approval of the Chief Executive, who has veto power. The Basic Law does 
not provide for universal suffrage or for direct election of either the 
legislature or the Chief Executive.
    There are limits on the types of legislation that legislators may 
introduce. The Basic Law stipulates that legislators may not initiate 
legislation related to public expenditure, the SAR's political 
structure, or the operation of the Government. Bills relating to 
government policies must receive the Chief Executive's written approval 
before they are submitted.
    A 10-member Executive Council functions as an unofficial cabinet, 
approving all draft legislation before it is presented in the 
Legislative Assembly.
    In 2000, the legislature passed a law reconstituting the pre 
handover High Commission Against Corruption as the Commission Against 
Corruption (CAC). The CAC investigates public-sector corruption and has 
the power to arrest and detain suspects. From January to October, the 
CAC received 804 complaints against public officials in a variety of 
agencies. The CAC opened 68 files, of which 67 were criminal cases and 
1 was an administrative grievance. The CAC transferred eight cases to 
the Public Prosecutions Office. A monitoring body established to review 
complaints of maladministration or abuse by the CAC received no 
complaints from January through October.
    The executive branch published online, in both Chinese and 
Portuguese, an extensive amount of information including laws, 
regulations, ordinances, government policies and procedures, and 
biographies of government officials. The Government also issued a daily 
press release on topics of public concern. However, the information 
provided by the legislature was less extensive. For example, it did not 
publish a legislative agenda or a list of pending bills.
    Five of the 27 Legislative Assembly members (3 directly elected, 1 
indirectly elected, and 1 appointed), including the President of the 
Assembly, were women. Women held a number of senior positions 
throughout the Government (see Section 5).
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    Domestic human rights groups functioned without government 
restriction, investigating and publishing their findings on human 
rights. Local human rights groups, such as the Macau Association for 
the Rights of Laborers and the New Democratic Macau Association, 
continued to operate.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The Basic Law stipulates that residents shall be free from 
discrimination, irrespective of their nationality, descent, race, sex, 
language, religion, political persuasion, ideological belief, 
educational level, economic status, or social condition, and the 
Government effectively enforced the law. In addition, many local laws 
carry specific prohibitions against discrimination. For example, under 
the law that establishes the general framework for the educational 
system, access to education is stipulated for all residents regardless 
of race, religious belief, or political or ideological convictions.

    Women.--The Government effectively enforced criminal statutes 
prohibiting domestic violence and prosecuted violators. Domestic 
violence is punishable by 1 to 15 years in prison. In the case of 
spousal abuse and violence against minors, the penalty is 2 to 8 years' 
imprisonment, and 5 to 15 years if the abuse leads to the death of the 
victim.
    The Government provided hospital treatment for victims of abuse, 
and medical social workers counseled victims and informed them about 
social welfare services. The Government may provide victims of domestic 
violence with public housing until their complaints are resolved, but 
it did not reserve facilities expressly for this purpose.
    Private and religious groups sponsored programs for victims of 
domestic violence, and the Government supported and helped to fund 
these organizations and programs. The Bureau for Family Action, a 
government organization subordinate to the Department of Family and 
Community of the Social Welfare Institute, helped female victims of 
domestic violence by providing a safe place for them and their children 
and furnishing advice regarding legal actions against the perpetrators. 
A family counseling service was available to persons who requested such 
services at social centers. Two government-supported religious programs 
also offered rehabilitation programs for female victims of violence. 
From January to October, 13 cases of spousal abuse and 10 cases of 
family violence were reported to the Social Welfare Institute. The law 
on rape covers spousal rape. From January to October, there were 13 
reported rapes.
    Prostitution is legal, but procuring is not. Trafficking in persons 
also is illegal, and there were cases of trafficking in women for the 
purposes of prostitution (see Section 5, Trafficking).
    There is no law specifically addressing sexual harassment, although 
there is a law prohibiting harassment in general.
    Equal opportunity legislation applicable to all public and private 
organizations mandates that women receive equal pay for equal work, 
prohibits discrimination based on sex or physical ability, and 
establishes penalties for employers who violate these guidelines. The 
law allows for civil suits, but few women took their cases to the Labor 
Affairs Bureau or other entities. There were no cases alleging sexual 
discrimination during the year.
    Women held a number of senior positions in the Government. The 
Chairperson of the Legislative Assembly, the Secretary for Justice and 
Administration on the Executive Council, and the Commissioner for Audit 
were women. In September, 7 women were among 10 newly appointed judges 
and public prosecutors. Women also have become more active and visible 
in business. However, wage discrimination occurred in certain sectors 
of the job market, notably construction.

    Children.--The Government protected the rights and welfare of 
children through the general framework of civil and political rights 
legislation that protects all citizens. For example, the Criminal Code 
provides for criminal punishment for sexual abuse of children and 
students, statutory rape, and procuring that involves minors.
    School attendance is compulsory for all children between ages 5 and 
15. Basic education was provided in government-run schools and 
subsidized private schools, and it covered the preprimary year, primary 
education, and general secondary school education. The Education 
Department provided assistance to families that could not pay school 
fees. The children of illegal immigrants were excluded from the 
educational system. Experts believed that only a few children were 
affected by this exclusion. The Government provided free medical care 
for all children. Child abuse and exploitation were not widespread 
problems. From January to October, seven cases of child abuse were 
reported to the Social Welfare Institute. During the same period, 120 
cases of offenses against the physical integrity of minors, including 
10 cases of family violence, were reported to the Office for Security 
Coordination. From January to October, the Government received two 
reports of rape of minors and five reports of sexual abuse of minors.

    Trafficking in Persons.--The Law on Organized Crime makes 
trafficking in persons a crime punishable by 2 to 8 years in prison, 
and the Government effectively enforced the law. The law increases this 
penalty by one-third (within minimum and maximum limits) if the victim 
is under 18 years of age. If the victim is under 14 years of age, the 
penalty is increased by 5 to 15 years. If the trafficker rapes the 
victim, the two offenses are treated as different crimes.
    Prostitution is not a crime, but living off the proceeds of 
prostitution is illegal. Prostitutes primarily were from Russia, 
mainland China, and Vietnam. While most were believed to be witting 
participants in the commercial sex industry, 17 women complained of 
being brought to the SAR under false pretenses and 5 complaints of 
abuse.
    There were no government assistance programs in place for victims 
of trafficking. There were no local NGOs specifically dealing with the 
problem of trafficking; however, there were charitable organizations 
that provided assistance and shelter to women and children who were the 
victims of abuse.

    Persons With Disabilities.--There were no reports of discrimination 
against persons with disabilities in employment, education, or 
provision of state services. The law mandates access to buildings for 
persons with disabilities, and the Government generally enforced these 
provisions in practice.
    The Social Welfare Institute provided financial and rehabilitation 
assistance to persons with disabilities, and it helped fund 24 
rehabilitation facilities and 11 rehabilitation associations. These 
services included day centers, preschool training and education 
centers, vocational training and employment centers, and rehabilitation 
bus service. Other special programs helped persons with physical and 
mental disabilities gain better access to employment, education, and 
public facilities. For facilities that received financial support, 
approximately 80 percent of their income came from the Government. In 
2003, the Government provided approximately $3.3 million (25.4 million 
patacas) in subsidies to such facilities and programs. During the year, 
37 NGOs provided services for persons with disabilities and received 
regular assistance from the Social Welfare Institute and subsidies from 
other governmental departments. During the 2003-04 school year, 14 
schools had programs for persons with disabilities and provided special 
education programs for 724 students with disabilities.
    The law mandates accessibility for persons with reduced mobility to 
public administration buildings, buildings open to the public, 
collective dwellings, and pavements. The Government's Social Security 
fund may grant subsidies for the elimination of architectural barriers 
to facilitate access by persons with a physical or behavioral 
disability. Many sidewalks and public buildings have been modified to 
comply with the law.

    National/Racial/Ethnic Minorities.--Although no specific laws 
prohibit discrimination on the basis of racial or ethnic background, 
the Government generally respected the rights of ethnic minorities, 
particularly the Macanese (Eurasians who comprise approximately 2 
percent of the population). Although Portuguese officials no longer 
dominated the civil service, the government bureaucracy and the legal 
system placed a premium on knowledge of the Portuguese language, which 
was spoken by approximately 2 percent of the population. The Chinese 
language has official status and the use of Chinese in the civil 
service has grown in recent years.
Section 6. Worker Rights
    a. The Right of Association.--The law provides for the right of 
workers to form and join unions of their choice without previous 
authorization or excessive requirement, and the Government generally 
respected this right in practice. The Basic Law stipulates that 
international labor conventions that applied before the handover are to 
remain in force and are implemented through the laws of the SAR. The 
UDDM has expressed concern that local law contains no explicit 
provisions that bar discrimination against unions. The law also 
specifically excludes public servants and migrant workers from labor 
law protections.
    Nearly all private sector unions were part of the pro China 
Federation of Trade Unions (FTU), and they tended to stress the 
importance of stability and minimum disruption of the work force. The 
UDDM and some local journalists claimed that the FTU was more 
interested in providing social and recreational services than in 
addressing trade union issues such as wages, benefits, and working 
conditions. At year's end, there were 173 registered independent trade 
unions, including 3 new unions that registered during the year. All 
classes of workers have the right to join a union. At year's end, 
approximately 79 percent of public sector employees were members of a 
union. There was no data on private sector unionization.

    b. The Right to Organize and Bargain Collectively.--The law 
provides that agreements concluded between employers and workers shall 
be valid, but there is no specific statutory protection that provides 
for the right to collective bargaining; however, the Government did not 
impede or discourage collective bargaining. Market forces determined 
wages. Unions tended to resemble local traditional neighborhood 
associations, promoting social and cultural activities rather than 
workplace issues. Local customs normally favored employment without the 
benefit of written labor contracts, except in the case of migrant labor 
from the mainland and the Philippines. Pro-PRC unions traditionally 
have not attempted to engage in collective bargaining.
    There is no specific protection in local law from retribution if 
workers exercise their right to strike. The Government has argued that 
striking employees are protected from retaliation by labor law 
provisions that require an employer to have ``justified cause'' to 
dismiss an employee, and the Government generally enforced these 
provisions. Strikes, rallies, and demonstrations are not permitted in 
the vicinity of the Chief Executive's office, the Legislative Assembly, 
and other key government buildings. There were no reports of labor 
protests, strikes, or work stoppages during the year.
    Workers who believe that they have been dismissed unlawfully may 
bring a case to court or lodge a complaint with the Labor Department or 
the High Commissioner against Corruption and Administrative Illegality, 
who also functions as an ombudsman.
    There are no export processing zones.

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

    d. Prohibition of Child Labor and Minimum Age for Employment.--The 
law prohibits minors under the age of 16 from working, although minors 
between the ages of 14 and 16 can be authorized to work on an 
``exceptional basis.'' Some children reportedly worked in family-run 
businesses and on fishing vessels, usually during summer and winter 
vacations. Local laws do not establish specific regulations governing 
the number of hours these children can work, but International Labor 
Organization conventions are applied. The Labor Department enforced the 
law through periodic and targeted inspections, and violators were 
prosecuted. The Labor Department Inspectorate did not conduct 
inspections specifically aimed at enforcing child labor laws, but it 
would issue summonses when such violations were discovered in the 
course of other workplace inspections. No violations of child labor 
laws were reported during the year.

    e. Acceptable Conditions of Work.--Local labor laws establish the 
general principle of fair wages and mandate compliance with wage 
agreements, but there is no mandatory minimum wage. Average wages 
provided a decent standard of living for a worker and family. There 
were no publicly administered social security programs, but some large 
companies provided private welfare and security packages.
    Labor legislation provides for a 48-hour workweek, an 8-hour 
workday, paid overtime, annual leave, and medical and maternity care. 
Although the law provides for a 24-hour rest period for every 7 days of 
work, workers frequently agreed to work overtime to compensate for low 
wages. The Labor Department provided assistance and legal advice to 
workers on request.
    The Labor Department enforced occupational safety and health 
regulations, and failure to correct infractions could lead to 
prosecution. During the year, the Labor Department inspectorate 
conducted 1,835 inspections and uncovered 2,761 violations carrying 
fines worth $191,000 (1.479 million patacas). There were two work 
related deaths during the first half of the year. Although the law 
includes a requirement that employers provide a safe working 
environment, no explicit provisions protect employees' right to 
continued employment if they refuse to work under dangerous conditions.
    Migrant workers, primarily from the PRC, made up approximately 9 
percent of the work force. They often received less than local 
residents for performing the same job, lived in controlled dormitories, 
worked 10 to 12 hours per day, and owed large sums of money to labor-
importing companies for purchasing their jobs. They had no collective 
bargaining rights and no legal recourse in the case of unfair 
dismissal.

                               __________

                                 TAIWAN

    Taiwan is a multiparty democracy. The 2000 victory of Democratic 
Progressive Party (DPP) presidential candidate Chen Shui-bian followed 
more than 50 years of rule by the Kuomintang (KMT) and marked the first 
transition from one political party to another in Taiwan's history. 
President Chen was re-elected with 50.1 percent of the popular vote on 
March 20. The campaign was marred by a shooting incident in which 
President Chen and his running mate Vice-President Annette Lu were 
slightly wounded the day before the vote. The opposition protested the 
result. The elections generally were regarded as free and fair. Under 
the 1947 Constitution, the president appoints the premier, who heads 
the Executive Yuan or Cabinet. Constitutional amendments adopted in 
1997 provided the Legislative Yuan (LY) with the authority to dismiss 
the Cabinet with a no-confidence vote. On December 11, a pro-opposition 
coalition made up of the KMT and the People First Party won 114 seats 
in the 225-seat LY in free and fair elections. The DPP and the 
generally pro-government Taiwan Solidarity Union won 101 seats. The 
Judicial Yuan (JY) is constitutionally independent of the other 
branches of the political system, and the Government respected the 
judiciary's independence in practice.
    The National Police Administration (NPA) of the Ministry of 
Interior (MOI), the NPA's Criminal Investigation Bureau (CIB), and the 
Ministry of Justice (MOJ) Investigation Bureau are responsible for law 
enforcement relating to internal security. The police and security 
agencies were under effective civilian control. The police occasionally 
committed human rights abuses.
    Taiwan has an export-oriented, free-market economy. Liberalization 
of the economy has to some extent diminished the dominant role that 
state-owned and party-run enterprises previously played in such major 
sectors as finance, transportation, utilities, shipbuilding, steel, 
telecommunications, and petrochemicals. Services and capital- and 
technology-intensive industries were the most important sectors. 
Services account for two-thirds of economic output, manufacturing 
almost a third, and agriculture less than 2 percent. Major exports 
included computers, electronic equipment, machinery, and textiles. The 
23 million citizens generally enjoyed a high standard of living and an 
equitable income distribution.
    The authorities generally respected the human rights of citizens; 
however, there were problems in some areas. Instances of police abuse 
of persons in custody, official corruption, violence and discrimination 
against women, child prostitution and abuse, and trafficking in women 
and children occurred.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Arbitrary or Unlawful Deprivation of Life.--There were no 
reports of the arbitrary or unlawful deprivation of life committed by 
the Government or its agents.

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

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The Code of Criminal Procedure stipulates that no 
violence, threat, inducement, fraud, or other improper means shall be 
used against accused persons; however, there were credible reports that 
police occasionally physically abused persons in their custody.
    The law allows suspects to have attorneys present during 
interrogations, primarily to ensure that abuse does not take place (see 
Section 1.d.). The MOJ claimed that each interrogation is audiotaped or 
videotaped and that any allegation of mistreatment is investigated. 
Nonetheless, lawyers and legal scholars noted that abuses most often 
occurred in local police stations where interrogations were not 
recorded and when attorneys often were not present. Beginning in 
September 2003, in addition to audiotaping or videotaping interrogation 
sessions, the presence of two police officers was required at every 
session. If the presence of two officers could not be secured, the 
interrogation report must note this and the reason why. As of October 
2003, 695 of 1,912 interrogation rooms were fully equipped with audio 
recorders and video cameras. The remaining 1,217 interrogation rooms 
were scheduled to be equipped with audio/video equipment over the next 
few years. The NPA instructed that all construction planning for police 
stations include audio/video interrogation rooms and itemized costs for 
these facilities in their short-, medium-, and long-term budget 
proposals. Since September 2003, the Criminal Code provides that 
criminal charges must be based on legally obtained evidence and that 
confessions, whether by defendants or accomplices, unsupported by other 
evidence shall not be sufficient to convict defendants; confessions 
alleged to be illegally obtained must be investigated before proceeding 
to other evidence.
    Law enforcement agencies remained weak in scientific investigative 
skills; however, the NPA continued efforts to upgrade its crime 
laboratory technology and train crime scene examiners.
    The NPA stated that regulations forbid abuse of suspects and that 
police who abuse suspects are punished. Detainees who are abused 
physically have the right to sue the police, and confessions obtained 
through torture are inadmissible in court proceedings. According to the 
Government, there were no such cases during the year.
    Although the primary responsibility for investigating torture and 
mistreatment lies with prosecutors, the Control Yuan, a coequal branch 
of the political system that investigates official misconduct, also 
investigates such cases. According to the Government, instilling 
respect for human rights was a part of basic police training, and, in 
recent years, the Central Police University, the Taiwan Police College, 
and police departments strengthened human rights and legal education in 
the student curriculums and personnel training. Human rights groups 
acknowledged the improvements.
    Corporal punishment is forbidden under military law, and the 
Ministry of National Defense implemented several programs in recent 
years to address the problem. In 2002, a law was passed establishing 
committees for the protection and promotion of servicemen's rights and 
interests. Nonetheless, in November 2003, in the LY opposition 
legislators raised incidents of military hazing. The Premier said that 
the Government would investigate these cases and promised more actively 
to ensure the protection of human rights in the military. An August 
Control Yuan report stated that the number of servicemen who had died 
while on duty had decreased from 408 in 1995 to 180 in 2002. Statistics 
on the specific causes of death were not available.
    Prison conditions generally met international standards. Male 
prisoners were segregated from female prisoners, juveniles from adults, 
and pretrial detainees from convicted prisoners. However, overcrowding 
at the 47 prisons and overly long stays at detention centers for 
illegal aliens remained problems. Recent NPA initiatives reduced the 
average stay at detention centers for illegal aliens from 78 days in 
2001 to 46.5 days in 2003. According to the MOJ, from July 2002 to July 
2003 prison overcrowding increased from 2,321 to 5,018 inmates, or from 
4.4 to 9.6 percent. Expansion and construction projects to counter 
overcrowding were underway, and as of June, prisons were 3,834 inmates 
over capacity or 7.3 percent.
    The authorities permitted prison visits by human rights monitors.

    d. Arbitrary Arrest or Detention.--The law prohibits arbitrary 
arrest and detention, and the authorities generally observed this 
prohibition. Police legally may detain without a warrant anyone they 
suspect of committing a crime for which the punishment would be 
imprisonment of 5 years or more, when there is ample reason to believe 
the person may flee. Police may question persons without a formal 
summons when circumstances are too urgent to report to a public 
prosecutor. However, immediately after detaining a suspect, the 
authorities must apply to a prosecutor for a warrant to detain the 
arrestee for up to 24 hours and must give written notice to the 
detainee or a designated relative or friend, stating the reason for the 
arrest or questioning. If the prosecutor rejects the application for a 
warrant, the police must release the detainee immediately. Indicted 
persons may be released on bail at judicial discretion.
    The NPA of the MOI has administrative jurisdiction for all police 
units. City mayor and country magistrates appoint city and county 
police commissioners from among candidates recommended by the NPA. The 
mayors and magistrates are responsible for maintaining order and 
assessing the performances of the police commissioners in their 
jurisdictions. Observers believed that an historical and cultural 
tradition of corruption hindered police effectiveness. The December 
2003 Police Duty Act provides police officers with guidelines for 
evaluating ``probable cause.'' Human rights advocates complained that 
the law does not address all of their concerns, and they remained 
concerned about police corruption despite the Government's reforms.
    By law, prosecutors must apply to the courts within 24 hours after 
arrest for permission to continue detaining an arrestee. The duration 
of this pretrial detention is limited to 2 months, and the courts may 
approve a single extension of 2 months. Limits also apply to detention 
during trial. If a crime is punishable by less than 10 years' 
imprisonment, then no more than 3 extensions of 2 months each may be 
granted during the trial and appellate proceedings. During a second 
appeal, only one extension may be granted. The authorities generally 
observed these procedures, and trials usually took place within 3 
months of indictment.
    The Code of Criminal Procedure requires the police to inform a 
suspect during an interrogation of the specific charges in question, 
the right to remain silent, the right to counsel, and the right to ask 
the police to investigate evidence that would be favorable to the 
suspect. If the charges are amended subsequently, the police must 
inform the suspect. The authorities generally respected a detainee's 
request to have a lawyer present during the investigation phase. When a 
detainee requests legal counsel, police must wait at least 4 hours for 
a lawyer before proceeding with an interrogation. Although the law 
requires that indigent persons be provided legal counsel during trials, 
it does not provide for legal counsel during interrogations. However, 
revisions to the Code of Criminal Procedures, which the NPA began 
implementing in September 2003, provided additional protection to 
indigent persons during interrogations. The revised Code requires that 
confessions from interrogations conducted in the evenings generally not 
be used as evidence; that allegations that a confession was obtained 
illegally be investigated before it be used in a trial (see Section 
1.c.); that, with the exception of urgent circumstances when such 
equipment is unavailable, interrogations be audiotaped or videotaped; 
and that when written reports of interrogations are in conflict with 
evidence in audiotapes and videotapes the contradictory interrogation 
not be used as evidence. However, some human rights advocates continued 
to complain that the rules did not provide adequate protection since 
suspects often did not have legal representation during police 
interrogation. In addition, informed observers reported that the 
``public defense counsels'' did not appear until the final argument of 
a trial and that they seldom spent adequate time discussing the case 
with their clients. In response to this complaint, beginning in 
February 2003, courts were allowed to appoint private attorneys or 
public defense counsels to detainees. The courts require, in a first 
trial, that counsels interview a detainee at least once before each 
hearing and, in an appeal, whenever the detainee requests an interview.

    e. Denial of Fair Public Trial.--The Constitution provides for an 
independent judiciary, and the Government generally respected this 
provision in practice. Although the Government has made efforts to 
eliminate corruption and to diminish political influence in recent 
years, residual problems remained.
    The JY has taken several measures to reduce political influence on 
judges. An independent committee using secret ballots decides judicial 
appointments and promotions. Judicial decisions no longer are subject 
to review by presiding judges, except in the case of decisions by 
``assistant judges.'' The judges themselves decide upon distribution of 
cases. Finally, judges and the President of the JY are prohibited from 
taking part in political activities. In January 2003, six 
nongovernmental organizations (NGOs), including academics, human rights 
activists, and legal experts, founded a 15-member committee to monitor 
the grand justices nomination process. During the year, the committee 
continued to monitor the performance of individual grand justices.
    The Government's anti-corruption campaign reinforced the JY's 
efforts to eliminate judicial corruption. Although the JY was still 
coordinating a proposed code of judicial conduct with legal experts and 
other government agencies; the proposals resulted in revised precepts 
for evaluation of judicial performance and strengthened reviews of 
judges' financial disclosure reports. In addition, a human rights 
course was part of the JY training program. These factors reduced the 
incidence of judicial misconduct; however, there continued to be 
complaints of corruption on the part of individual judges. In August, 
the MOJ established a special task force to examine corruption charges 
against judicial personnel and announced that 10 senior officials were 
under investigation.
    The JY is one of the five coequal branches of the political system. 
The JY is headed by a president and a vice president and also contains 
the 15-member Council of Grand Justices, which interprets the 
Constitution as well as laws and ordinances. Subordinate JY organs 
include the Supreme Court, high courts, district courts, the 
Administrative Court, and the Committee on the Discipline of Public 
Functionaries. The Administrative Court also provides judicial review.
    The law provides the right of fair public trial, and this generally 
was respected in practice. Judges, rather than juries, decide cases; 
all judges are appointed by, and are responsible to, the JY. In a 
typical court case, a single judge interrogates parties and witnesses 
not a defense attorney or prosecutor. The judge may decline to hear 
witnesses or to consider evidence that a party wishes to submit if the 
judge considers it irrelevant; a refusal to hear evidence may be a 
factor in an appeal. Trials are public, but attendance at trials 
involving juveniles or potentially sensitive issues that might attract 
crowds may require court permission.
    A defendant has the right to an attorney. If the defendant is 
charged with committing a crime for which the penalty is 3 or more 
years' imprisonment or if the defendant is indigent, the judge may 
assign an attorney. Attorneys assigned to defendants generally assisted 
once an indictment was filed and at trial but usually were not present 
during police interrogations. Although the Government took measures to 
strengthen the effectiveness of defense representation, some human 
rights lawyers argued that more improvements were necessary (see 
Section 1.d.). The law states that a suspect may not be compelled to 
testify and that a confession shall not be the sole evidence used to 
find a defendant guilty. All convicted persons have the right to appeal 
to the next higher court level. Persons sentenced to terms of 
imprisonment of 3 years or more may appeal beyond that level. The 
Supreme Court automatically reviews life imprisonment and death 
sentences. In July, the Council of Grand Justices ruled it was 
unconstitutional to allow the confessions of accomplices to be used as 
the only evidence to convict a defendant.
    In 2002, criminal procedure legislation made judges impartial 
adjudicators of lawsuits rather than law enforcers for the Government 
obligated personally to help gather evidence for prosecutors. The 
revision, which elevates the status of judges' over that of 
prosecutors, requires prosecutors to bear the full responsibility for 
investigations and charges them with the duty of convincing the judge 
of the guilt of the accused.
    On November 4, the High Court rejected an opposition lawsuit 
contesting the March presidential election and upheld President Chen's 
victory (see Section 3). Chen's lawyer was quoted to say, ``we must all 
believe and respect the independence of the justice system.'' The 
defeated candidate vowed to appeal and termed the court's ruling the 
``darkest day in the history of Taiwan's judiciary.''
    There were no reports of political prisoners.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The Constitution and the Criminal and Civil Codes 
contain provisions protecting privacy. The Code of Criminal Procedure 
requires prosecutors to obtain judicial approval of search warrants, 
except when ``incidental to arrest'' or when there are concerns that 
evidence may be destroyed. However, critics claimed that the incidental 
to arrest provision not only is unconstitutional but also often is 
interpreted broadly by police to justify searches of locations other 
than actual arrest sites. According to the NPA, warrantless searches 
are allowed only in special circumstances, such as to arrest an escapee 
or if facts indicate that a person is in the process of committing a 
crime. In any such case, the police must file a report with the 
prosecutor or court within 24 hours. A police officer who carries out 
an illegal search may be sued for illegal entry and sentenced to up to 
1 year in prison.
    In 2001, the Council of Grand Justices ruled that the Police 
Administration Law (PAL), which had been used to give police wide 
discretion in searching persons in public places and stopping vehicles 
for inspections, did not entitle police to make such searches unless a 
clear risk to public safety had been established. Noting that such 
searches could infringe on freedom of movement, privacy, and the right 
to property, the Council instructed the NPA to revise the PAL in 
accordance with its ruling immediately. The revision to the PAL was 
passed by the LY in June 2003, and the Government started implementing 
it in December 2003. The revised law clearly stipulates the limitation 
of police authority and allows citizens to demand compensation for 
illegal practices by the police.
    The Telecommunications Protection and Control Law imposes severe 
penalties for unauthorized wiretapping. The Telecommunications Law and 
the Code of Criminal Procedure provide that judicial and security 
authorities may file a written request to a prosecutor's office to 
monitor telephone calls to collect evidence against a suspect involved 
in a major crime, and the MOJ and the police used wiretapping as an 
investigative tool. According to the MOJ, in the past 2 years the 
number of approved wiretaps have increased from approximately 10,000 in 
2002 to 13,834 in 2003 and to 10,707 during the first 7 months of the 
year. Officials attributed the increase to investigations into alleged 
vote-buying cases during local and national elections. The law also 
regulates wiretapping by the intelligence services.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The Constitution provides for 
freedom of speech and of the press, and the authorities generally 
respected these rights in practice and did not restrict academic 
freedom.
    Print media represented the full spectrum of views within society. 
However, some political influence still persisted with respect to the 
electronic media, particularly broadcast television. The existence of 
approximately 100 cable television stations, some of which carry 
programming openly critical of the various political parties, mitigated 
the importance of this influence. Moreover, in December 2003, the LY 
approved legislation that bars the Government, political parties, and 
political party officials from owning or running media organizations. 
The Government and the parties are required to divest themselves of 
stakes in all television and radio broadcast companies within 2 years. 
Government and party officials who serve as board members or hold 
managerial positions in media companies were obligated to sever their 
media ties within 6 months. The legislation also mandates the formation 
of a National Communications Commission (NCC) to replace the Government 
Information Office (GIO) in overseeing the operations of the broadcast 
media. The NCC is expected to begin operations in 2005. By the end of 
2003, all government offices and many politicians had complied with the 
new legislation, and during the year government and party officials no 
longer held positions in the media. However, opposition officials 
accused the Government of using its advertising spending to influence 
media coverage of the news and to promote ruling party candidates in 
the national elections.
    Nevertheless, some scholars and opposition party officials have 
alleged that the Government exercises too much power and influence 
through the GIO's authority to regulate programming and the radio and 
television licensing process. During the year, the GIO continued to 
implement a broadcasting reorganization plan that will restructure 
public-owned radio networks and reorganize the distribution of 
frequencies. The reorganization requires several KMT-controlled 
broadcasting companies, particularly the Broadcasting Corporation of 
China (BCC), to return some existing frequencies to the Government for 
redistribution in the media market. The BCC has the largest number of 
frequencies in Taiwan and had agreed in 1992 to return 14 frequencies 
used to block radio broadcasting from mainland China.
    Controls over radio stations were more limited than those over 
television stations and gradually were being liberalized. In a June 
report to the LY, the Ministry of Transportation and Communications 
said it had fined more than 300 unlicensed radio stations fines 
totaling more than $590,000 (NT$20 million). In July, the GIO 
introduced a plan to ease the process for underground stations to 
register with the government in an effort to legitimize underground 
stations throughout the island.
    There is a vigorous and active free press. Some have asserted that 
the market is unable to support its large broadcasting and print media 
industry, and that their financially precarious existence made many 
media enterprises reliant on government advertising revenue and 
government-controlled banks loans and hence reluctant to go to far in 
criticizing the Government. The Government denied charges of media 
manipulations and asserted that it has minimal direct control over the 
advertisement market. According to the GIO, the government's 
advertising budget was approximately $30 million (NT$1 billion) during 
the fiscal year, which accounted for about 4 percent of the $735-880 
million (NT$25-30 billion) advertising market. In 2002, the Government 
raided the offices of Next Magazine and confiscated 160,000 copies of 
an issue containing an article about $100 million (NT$3.5 billion) in 
secret funds established by former President Lee Teng-hui and used as 
well by the current administration for diplomatic missions and policy 
initiatives. The Taiwan High Court Prosecutor's Office charged a 
reporter at the magazine with breaching national security. The case is 
still pending and has not been brought to trial, but the reporter is 
actively employed as a journalist by a daily newspaper. In July 2003, 
the Taiwan High Court sentenced a former journalist who reported the 
details of a military exercise in 2000 to 18 months in prison and 3 
years probation. The accused appealed the decision, and in August, the 
Taiwan High Court reduced his prison term to 1 year and suspended the 
sentence for 3 years. The police may seize violent or pornographic 
material based on the offences against morals and public order 
provisions of the Criminal Code and the Child and Adolescent Sexual 
Prevention Statue. The police must request search warrants from 
prosecutors to conduct such seizures.
    The GIO required that any publications imported from mainland China 
be sent to the GIO Publications Department for screening before sale or 
publication and still sought to ban the importation of publications 
that advocated communism or the establishment of united front 
organizations, endangered public order or good morals, or violated 
regulations or laws. Nevertheless, a wide variety of China-origin 
material was readily accessible to Taiwan readers through the Internet. 
Beginning in July 2003, the GIO eliminated the requirement that China-
origin material be converted to traditional characters before being 
published in Taiwan. However, cable television systems are still 
required to send imported material to the GIO for screening and to 
convert the subtitles to traditional characters before broadcasting.
    The quality of news reporting was erratic, and, at times, the media 
trampled on individuals' right to privacy. The media often taped and 
aired police interrogations and entered hospital rooms when the patient 
was unable to prevent this.

    b. Freedom of Peaceful Assembly and Association.--The Constitution 
provides for freedom of assembly, and the authorities generally 
respected this right in practice. Permits required for outdoor public 
meetings were granted routinely. The National Security Law gives the 
Government the authority to prevent demonstrations advocating communism 
or the division of the national territory. However, demonstrations 
advocating independence have taken place without government 
interference.
    Opposition political parties sponsored a series of demonstrations 
to protest the March presidential election and to demand a recount. On 
April 1, the Taipei city police rejected a request to hold 
demonstrations every Sunday from April 3 to May 20 in front of the 
presidential palace and at another location. The police explained that 
the applicants had not demonstrated an urgent need to hold such 
demonstrations in front of the presidential palace and the police were 
concerned about the security of the site noting difficulties the police 
had encountered clearing demonstrators from the site on March 27. On 
April 10, tens of thousands of persons participated in an opposition-
sponsored demonstration near the presidential palace. Late in the day, 
after most of the participants and the principal opposition figures had 
left the site, the rally turned violent toppling scaffolding and police 
barricades, stoning a police station, and attacking journalists. Police 
eventually pushed the demonstration out of the site, detaining an 
estimated 10 persons. The police announced that 86 police officers, 55 
demonstrators, and 17 journalists suffered minor injuries. Opposition 
politicians alleged excessive police use of force, television coverage 
for the most part showed demonstrators using violent tactics.
    The Constitution provides for freedom of association; and the 
authorities generally respected this right in practice. The Civic 
Organization Law requires all civic organizations to register. 
Registration was granted routinely.
    Under the Civic Organization Law, the Constitutional Court holds 
the power to dissolve political parties. Grounds for dissolution 
include objectives or actions that are deemed to jeopardize the 
existence of the ``Republic of China.'' The Constitutional Court heard 
no cases under this law during the year.

    c. Freedom of Religion.--The Constitution provides for freedom of 
religion, and the authorities generally respected this right in 
practice. Religious organizations may register with the central 
authorities through their island-wide associations under the Temple 
Management Law, the Civic Organizations Law, or the chapter of the 
Civil Code that governs foundations and associations; however, 
registration is not mandatory.
    Registered organizations operate on a tax-free basis and are 
required to make annual reports of their financial operations. While 
individual places of worship may register with local authorities, many 
chose not to register and operated as the personal property of their 
leaders. In the past, concern over abuse of tax-free privileges or 
other financial misdeeds occasionally prompted the authorities to deny 
registration to new religions whose doctrines were not clear, but there 
were no reports that the authorities sought to suppress new religions 
during the year.
    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 authorities did not restrict freedom 
of internal travel. Foreign travel by passport holders was common.
    Nonresident passport holders usually were issued ``overseas 
Chinese'' passports and must seek entry permits for travel to Taiwan. 
According to the National Security Law, entry permits may be refused 
only if there are facts sufficient to create a strong suspicion that a 
person is engaged in terrorism or violence. Reasons for entry and exit 
refusals must be given, and appeals may be made to a special board. No 
exit or entry permit refusals were reported during the year. Holders of 
nonresident passports who normally reside abroad may return and regain 
their household registration, a document required to vote or 
participate as a candidate in an election.
    Since 1987, the authorities have relaxed substantially strictures 
against tourism by residents to the Chinese mainland, and such travel 
was common. Although the LY enacted legislation to remove restrictions 
that were previously in existence for national security reasons and to 
permit Chinese from the mainland to visit for business, academic, or 
tourism purposes, many mainlanders were refused visas because they 
could not convince an immigration officer that they would not abandon 
their residence on the mainland to become economic migrants to Taiwan. 
In March, a new regulation requires mainland Chinese spouses applying 
for a national identification card to pass a security clearance by a 
panel of officials (see Section 5).
    All travelers from the mainland are required to have invitations 
from sponsors and are subject to approval by the Mainland Affairs 
Council (MAC). Regulations governing visits by mainland tourists, which 
took effect in 2003 state that mainland tourists are not allowed to 
change their itineraries after arriving in Taiwan, must travel in a 
group, stay at designated hotels, and return to their hotel rooms by 10 
p.m. In addition, travel agencies responsible for arranging the visits 
are required to deposit a guarantee of $29,000 (NT $1 million), which 
is confiscated if any of the tourists are involved in any legal 
problems or are reported missing. There are also restrictions on 
mainland visitors who come to Taiwan for family and business purposes. 
They are required to report their location to the police on a regular 
basis and cannot seek employment in Taiwan. The authorities permit 
People's Republic of China (PRC) correspondents to be posted to the 
island for up to 1 month per visit. According to the MAC, four PRC 
media agencies took advantage of this to cover news in Taiwan. In July, 
the MAC announced it would allow a fifth mainland Chinese news service 
to station two of its correspondents in Taiwan. During the first 6 
months of the year, 2,166 PRC scholars, 1,079 artists, and 636 
journalists visited Taiwan to participate in cross-straits exchanges.
    At year's end, a draft asylum law was under review in the Executive 
Yuan. The draft law excludes persons from the PRC, Hong Kong, and 
Macau. These persons are subject to the Mainland Relations Act (MRA). 
While the authorities were reluctant to return to the mainland those 
who might suffer political persecution, they regularly deported to the 
mainland, under provisions of the MRA, mainlanders who illegally 
entered the island for what are assumed to be economic reasons. During 
the year, two PRC democracy activists entered Taiwan illegally 
presumably in hopes of seeking asylum in a third country. They have 
been placed in detention centers for illegal mainland immigrants.
    Some detention centers for illegal immigrants continued to be 
overcrowded, and detainees complained about long stays at the centers 
while waiting to be repatriated. The NPA continued to improve its 
facilities and provided human rights training for detention center 
personnel. The average stay at detention centers for non-PRC illegal 
aliens was reduced from 78 days in 2001 to 55 days in 2002. During the 
year, the average stay was 60 days. The Bureau of Entry and Exit 
faulted mainland Chinese authorities for delays in repatriation. The 
average stay of PRC illegal aliens was 172 days. In the first 6 months 
of the year, the authorities arrested 1,181 PRC illegal aliens and 
deported 851 back to China. The authorities allowed some detained 
illegal aliens from mainland China to return to the mainland by 
airplane via Hong Kong at their own expense. In addition, the 
authorities repatriated other mainland Chinese directly from the island 
of Matsu or allowed them to fly back to China via a third country, 
rather than taking them to detention centers in Taiwan.
    The Constitution does not provide for forced exile, and it was not 
practiced.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    Citizens have the right to change their government peacefully, and 
citizens exercised this right in practice. In 2000, for the first time 
an opposition party candidate was elected President, winning a 39 
percent plurality in a 3-person race. In March, President Chen was 
reelected to a second 4-year term with 50.1 percent of the popular vote 
in a two-way race. Generally free and fair popular elections for the LY 
have taken place four times since 1992. Most recently in December, when 
an opposition coalition of the KMT and the People First Party won 114 
seats, the ruling DPP and its partner the Taiwan Solidarity Union won 
101 seats, and independents and the Non-Partisan Solidarity Union won 
10 seats. Voter turnout was a record low 59 percent; 7 percent below 
the 2001 LY elections and 21 percent lower than the March 20 
presidential election.
    The extremely close result of the March presidential election 
challenged the country's democratic institutions. The opposition 
coalition attacked the legitimacy of the election based on: Errors and 
alleged fraud in the counting of votes; the fact that two referendums 
were conducted simultaneously with the vote; a mobilization of military 
and police that may have disenfranchised a number of presumably pro-
opposition voters; accusations that the President staged the 
assassination attempt that immediately preceded the vote; and the 
assumption that the President benefited from a sympathy vote even if he 
had nothing to do with orchestrating the assassination attempt. 
Opposition partisans demonstrated against the result with some of the 
demonstrations involving violence (see Section 2.b.), and the 
opposition challenged the results in the courts. The courts in a series 
of decisions have upheld the President's reelection, and the courts' 
decisions generally have been respected, albeit with considerable 
opposition grumbling.
    In November 2003, the LY passed and President Chen signed a 
Referendum Law, which gives the power to initiate referendums to the LY 
and to popular initiatives, except for so-called ``defensive 
initiatives'' in instances of imminent danger. On March 20, President 
Chen called such a ``defensive referendum'' on the basis of the PRC's 
refusal to renounce the use of force against Taiwan. Neither of two 
referendum questions won support from a majority of all eligible voters 
as required under the law to be effective, but both measures did win 
support from a majority of those who cast ballots. Opposition parties 
accused the President of abusing the ambiguously worded defensive 
referendum clause for political purposes, and, as noted, this was one 
of the issues on which they attacked the legitimacy of the election.
    In August, the LY passed a set of constitutional amendments that, 
if approved by a special session of the National Assembly, will halve 
the number of LY seats and create single-member districts. The 
revisions also will eliminate the National Assembly and permit the 
public to confirm or reject future constitutional revisions passed by 
the LY.
    The Chen administration made significant progress in its efforts to 
eliminate corruption and vote buying. In 2003, prosecutors indicted a 
total of 1,276 persons in 640 cases of alleged corruption. Of these, 
687 were government officials and 65 were elected officials. Of the 687 
government officials, 1 percent were considered senior level, 30 
percent mid level, and 59 percent low level. Of the 65 elected 
officials, 77 percent were members of town councils, 15 percent were 
city and county council members, and 8 percent were national-level 
legislators. In the first 7 months of the year, prosecutors indicted 
227 government officials on corruption charges. In April, the Taiwan 
High Court convicted 17 of 44 Kaohsiung City Council members of 
offering or accepting bribes in December 2002 elections for Council 
speaker and deputy speaker. Sentences ranged from 6 months to 3 years. 
In August, the MOJ announced plans to set up a 24-hour telephone 
hotline for complaints against government officials for corruption.
    The law and regulations allow the public to request access to 
regulations, plans, statistics, contracts, treaties, meeting records, 
and other unclassified government information.
    The Constitution provides for equal rights for women, and their 
role in the political sphere increased. In March, Vice President 
Annette Lu was reelected to a second term. In May, Yeh Chu-lan became 
the first female Deputy Premier. Of 36 cabinet members, 8 are women. 
Two of 25 Control Yuan members and 3 of 20 Examination Yuan members 
were women. A number of women also held important political party 
positions. Two of the 15 members of the DPP Central Standing Committee 
and 8 of the 34 members of the DPP Central Executive Committee were 
women. Eight of the 31 members of the KMT Central Standing Committee 
were women. Forty-seven members of the 225-member LY were women. 
Moreover, the Constitution and the law stipulates that at least one of 
every five seats in multimember constituencies must go to a woman even 
if male candidates receive more votes.
    Aborigine representatives participated in most levels of the 
political system. They held eight reserved seats in the LY, half of 
which were elected by plains Aborigines and half by mountain 
Aborigines. The proportion of legislative seats allocated to Aborigines 
was almost twice their approximately 2 percent of the population. An 
Aborigine served as Chairman of the Council of Aboriginal Affairs.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    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.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The Constitution provides for equality of citizens before the law 
``irrespective of sex, religion, race, class, or party affiliation.'' 
It also provides for the rights of persons with disabilities and there 
are no laws that prohibit homosexual activities. While the authorities 
were committed to protecting these rights, discrimination against some 
groups continued.

    Women.--Violence against women, including domestic violence and 
rape, remained a serious problem. Domestic violence was especially 
widespread. The authorities funded domestic violence hotlines, which 
also handled calls for assistance from victims of sexual assault and 
child abuse. A domestic violence specialist unit was added to police 
stations to provide expertise on the issue. During the year, Taipei 
City funded and a women's NGO staffed help desks at the Shihlin and 
Taipei South District Courts to assist victims in the judicial process. 
Because many victims could not distinguish between the domestic 
violence hotline and the regular emergency help line, in May 2003, the 
MOI launched a pilot program in Tainan city and county police stations 
in which persons could register for protection. Having information 
about each individual's circumstance and social workers readily 
available improved police response time. During the year, the pilot 
program remained confined to Tainan; local officials elsewhere 
increased their involvement in such cases to ensure that victims got 
protection and assistance as soon as possible. The Domestic Violence 
and Protection Control Law allows prosecutors to take the initiative in 
investigating complaints of domestic violence without waiting for a 
spouse to file a formal lawsuit. Although some cases were prosecuted, 
strong social pressure discouraged abused women from reporting 
incidents to the police to avoid disgracing their families.
    Rape also remained a serious problem, and its victims were 
stigmatized socially. Experts estimated that the number of rapes was 10 
times the number reported to the police. The law permits the 
prosecution of the crime of rape without requiring the victim to press 
charges. Under the law, rape trials may not be open to the public 
unless the victim consents. The Code of Criminal Procedure establishes 
the punishment for rape as not less than 5 years' imprisonment, and 
those convicted usually were given sentences of 5 to 10 years in 
prison. According to the NPA, in the first 6 months of the year, there 
were 898 cases of rape or sexual assault. During the first 7 months of 
the year, MOJ statistics reported that 276 persons were indicted for 
rape or sexual assault and 216 were convicted. Spousal rape is a crime. 
By regulation, doctors, social workers, police, and prosecutors jointly 
question victims of sexual abuse to reduce the number of times a victim 
is questioned.
    The law requires all city and county governments to set up domestic 
violence prevention and control centers. The centers provided victims 
with protection, shelter, legal counseling, and other services on a 24-
hour basis. By the end of 2003, all major cities and counties in Taiwan 
had set up call centers. During 2003, these centers consulted with 
77,004 persons, set up follow-up files on the cases of 27,284 persons, 
helped obtain 9,753 court protection orders (under the law, a judicial 
order may be obtained to prohibit violators from approaching victims), 
and assisted in obtaining emergency shelter for 1,418 persons. During 
2003, 1,925 persons were indicted for committing domestic violence, and 
1,932, including some persons indicted in earlier years, were convicted 
for committing domestic violence. By the end of 2002, there were: 39 
women's welfare service centers (23 public, 3 private, and 13 
contracted out to NGOs) that had served 487,000 persons, 27 women 
shelters with a total capacity of 305 persons that had served 1,092 
persons, and 7 single-parent family service centers with a total 
capacity of 283 persons that had served 359 persons. Also in 2002, 
101,623 women received assistance from the Government that totaled 
$8.25 million (NT$280,353,370).
    Prostitution, including child prostitution, was a problem. In 1999, 
the LY banned prostitution, and the exempted legally registered 
brothels and prostitutes have now been phased out. There were reports 
of a growing trend of young women, often well-educated, entering into 
part-time prostitution. There also were credible reports of a small 
number of women being trafficked onto the island for purposes of 
prostitution (see Section 5, Trafficking) and reports of a larger 
number of women who entered for purposes of engaging in prostitution.
    Sexual harassment was a problem, which the Government actively 
addressed.
    The law prohibits sex discrimination. Many sections of the legal 
code that discriminated against women have been eliminated. For 
example, women are no longer required to adopt their husband's last 
name after marriage, and a number do not, and the citizenship law now 
permits transmission of citizenship through either parent.
    The Gender Equality in the Workplace Act provides for equal 
treatment with regard to salaries, promotions, and assignments. The law 
also stipulates that measures be taken to eliminate sexual harassment 
in the workplace. Women's advocates noted that women continued to be 
promoted less frequently and worked for lower pay than their male 
counterparts and that women were not granted maternity leave or were 
forced to quit jobs due to marriage, age, or pregnancy. According to 
the Council on Labor Affairs, salaries for women averaged 85 percent of 
those for men performing comparable jobs. Most city and county 
administrations set up committees to deal with complaints of sexual 
discrimination in the workplace.
    Sixty women's organizations formed the National Union of Taiwan 
Women to promote women's rights.

    Children.--The Constitution includes provisions to protect 
children's rights, and the authorities were committed to supporting 
them. Education for children between 6 and 15 years of age is free and 
compulsory, and this rule was enforced. According to government 
statistics the percentage of school-age children attending primary 
school was 99.94 percent and those attending junior high school 99.86 
percent. Children were provided health care under the national health 
insurance plan.
    Child abuse was a significant problem. In 2003, there were 5,465 
reported cases of child abuse according to MOI statistics, an increase 
of almost 20 percent over 2002. The Government and some private 
organizations have increased public awareness of child abuse and 
domestic violence, which is likely a major reason for the increase in 
reported cases. Following the 1999 enactment of the Domestic Violence 
Control Law, 21 city and county governments established domestic 
violence protection centers, the goal of which is to protect women, 
children and senior citizens from violence. Services include a 24-hour 
hotline, emergency assistance, shelter, medical treatment and 
examination, counseling for victims, legal assistance, and education 
and training. Under the law, any persons discovering cases of child 
abuse or neglect must notify the police, social welfare, or child 
welfare authorities; child welfare specialists must make such 
notification to local county or city governments within 24 hours, and 
the governments must respond with appropriate measures within 24 hours. 
The local county or city officials must submit a request for an 
investigation to a supervisory agency within 4 days. Both the MOI's 
Social Affairs Department and NGO specialists monitored cases to ensure 
that these requirements were followed. The MOI provided guidance to 
city and county governments for approximately 4,000 day care facilities 
in their localities and for children's halfway houses and education 
centers. Financial subsidies were provided to low-income families with 
children in day care facilities and to local governments to promote 
child protection efforts. According to the MOI Child Affairs Bureau, 
the island's 31 children's settlement and education centers had a total 
capacity of 2,789 and housed 2,126 children at the end of 2003. A 
hotline accepted complaints of child abuse and offered counseling. 
Courts are authorized to appoint guardians for children who have lost 
their parents or whose parents are deemed unfit.
    A juvenile court in Kaohsiung handled criminal cases. The court 
employed 24 juvenile counselors. There were three juvenile detention 
centers on the island.
    Although no reliable statistics were available, child prostitution 
was a problem, particularly among aboriginal children (see Section 5, 
Trafficking). Most child prostitutes ranged in age from 12 to 17 years. 
The juvenile welfare law enables juvenile welfare bodies, prosecutors, 
and victims to apply to courts for termination of guardianship of 
parents and the appointment of qualified guardians if parents have 
forced their children into prostitution. If children are engaged in 
prostitution of their ``own free will'' and the parents are incapable 
of providing safe custody, the courts may order competent authorities 
to provide counseling for not less than 6 months and not more than 2 
years. However, legal loopholes and cultural barriers remained 
obstacles to enforcement. According to well-informed observers, the 
practice of aboriginal families selling their children into 
prostitution no longer existed.
    According to some reports, brothel owners used violence, drug 
addiction, and other forms of coercion to prevent child prostitutes 
from escaping. The law provides for up to 2 years' incarceration for 
customers of prostitutes under the age of 18. In 2003, 1,072 persons 
were indicted, and 1,259 were convicted (including some indicted in 
previous years) for violation of the law. From January to July, 431 
persons were indicated and 791 were convicted. The law also requires 
the publication of the names of violators in newspapers. In March, the 
Taipei city government published the names of 116 persons convicted of 
patronizing child prostitutes in 2003. In 2002, police rescued 598 
child prostitutes, including 568 citizens, 27 PRC nationals, and three 
other foreign nationals, of whom 54 were male and 544 female. During 
the same period, local governments provided shelter to 1,077 rescued 
children--503 in emergency shelters, 431 in temporary shelters, and 143 
in half-way schools. According to MOI statistics, police found 401 
child prostitutes in 2003, and local governments provided 509 rescued 
children with temporary shelter, and 759 with counseling services. The 
law prohibits the media from running advertisements involving the sex 
trade and imposes penalties on citizens arrested abroad for having sex 
with minors; these laws were enforced in practice

    Trafficking in Persons.--The Statute for the Prevention of Child 
and Juvenile Sexual Trafficking empowers the authorities to prosecute 
any person who forces a child below the age of 18 to engage in sex or 
sells or pawns such a child by other means. Provisions in the Criminal 
Code can also be used to prosecute traffickers in persons above the age 
of 18. Trafficking in persons was a problem.
    The island remained a significant transit point and, to a lesser 
extent, a destination for trafficked persons. There were reports of 
organized crime rings trafficking small numbers of women for the 
purpose of prostitution. The majority of cases involved women from 
mainland China, Thailand, Cambodia, Vietnam and Indonesia. Criminal 
gangs in mainland China reportedly used deceptive measures to recruit 
and procure young women who were then trafficked to Taiwan-based 
organized crime gangs who arranged sham marriages to enable them to 
obtain visas to enter Taiwan and exploited them for purposes of 
prostitution. Many of the victims were aware that they were to work as 
prostitutes, but were deceived by the traffickers about what their pay 
and working and living conditions would be upon arrival. Once in 
Taiwan, they were kept isolated, their passports were held, and they 
were threatened with violence if they did not cooperate. Small numbers 
of young Malaysian women, primarily ethnic Chinese, were trafficked to 
Taiwan for sexual exploitation. Burmese also were trafficked to Taiwan. 
The authorities, academic experts, and NGO experts claimed that the 
number of trafficking victims had decreased significantly in recent 
years. During the first 7 months of the year, according to the MOJ, 102 
persons were indicted and 162 were convicted in trafficking cases.
    Taiwan remained a significant transit point for persons from 
mainland China attempting to travel illegally to the United States and 
other countries. Some of these illegal migrants became trafficking 
victims in the destination countries. The law criminalizes alien 
smuggling.
    Police were trained in handling trafficking, prostitution, and 
cases of domestic violence. The Government worked with NGOs to provide 
counseling and medical assistance to victims as needed. Foreign victims 
of trafficking were repatriated as quickly as possible.

    Persons With Disabilities.--The law prohibits discrimination 
against persons with disabilities and sets minimum fines for various 
violations. New public buildings, facilities, and transportation 
equipment must be accessible to persons with disabilities, and, in 
practice, this requirement was generally met. Violations of the law 
resulted in fines of $1,765 to $8,824 (NT$60,000 to NT$300,000). 
Existing public buildings were to be brought into conformity by 1995; 
however, as of mid-year, there did not appear to be a substantial 
effort aimed at refitting older buildings to accommodate persons with 
disabilities.
    According to MOI statistics, as of March, there were 861,631 
persons with disabilities. One-third of the total were severely 
disabled and received shelter or nursing care from the authorities. The 
Disabled Welfare Law requires large public and private organizations to 
hire persons with disabilities equal to 2 and 1 percent of their work 
force, respectively. Organizations failing to do so must pay, for each 
person with disabilities not hired, 50 percent of the basic monthly 
salary approximately $227 (NT$8,000)) into the Disabled Welfare Fund, 
which supports institutions involved in welfare for persons with 
disabilities. Many organizations complained that it was difficult to 
find qualified workers with disabilities, and they appeared to prefer 
to pay the fines. Both the central and local governments established 
committees for the protection of persons with disabilities.

    Indigenous People.--The only non-Chinese minority group consists of 
the aboriginal descendants of Malayo-Polynesians, who were well 
established on the island when the first Chinese settlers arrived. 
According to MOI statistics, as of March, there were 449,593 
Aborigines, who accounted for about 2 percent of the population. More 
than 70 percent were Christian, while the dominant Han Chinese were 
largely Buddhist or Taoist. The civil and political rights of 
Aborigines are protected under law. The National Assembly amended the 
Constitution in 1992 and again in 1997 to upgrade the status of 
aboriginal people, protect their right of political participation, and 
to ensure their cultural, educational, and business development. In 
addition, the authorities instituted social programs to help Aborigines 
assimilate into the dominant Chinese society. The Government increased 
the budget of the cabinet-level Council of Aboriginal Affairs from $164 
million (NT$5.6 billion) in 2003 to $196 million (NT$6.6 billion) this 
year.
    During the school year, 264 schools nationwide offered aboriginal-
language classes in primary schools. The Ministry of Education 
encouraged university education for Aborigines and worked to preserve 
aboriginal culture, history, and language through the establishment of 
aboriginal studies centers. To compete for government contracts the law 
requires that a firm with at least 100 employees must include among its 
employees a minimum of 1 percent of Aborigines and 1 percent of persons 
with disabilities.
    To address a longstanding grievance regarding their inability to 
own their ancestral land, President Chen signed a partnership document 
with representatives from all aborigine tribes recognizing their land 
rights and allowing some form of autonomy. The Council of Aboriginal 
Affairs, in addition to continuing the investigation and mapping of 
traditional tribes and their territories, coordinated with other 
ministries to draft or amend legislation on issues such as development 
in the Aborigine reservations, zoning, national parks, and hot spring 
tourism.
    According to Council of Aboriginal Affairs statistics, in the 2002-
2003 school year, 98.99 percent of aborigine children completed 
elementary school.
    The sale of aborigine children into prostitution by their parents 
reportedly no longer occurred.

    Other Societal Abuses and Discrimination.--According to a 2003 
survey conducted by the Taiwan Homosexual Human Rights Association, 
more than 30 percent of homosexuals in Taiwan said they suffered 
discrimination. Societal discrimination against persons with HIV and 
AIDS was a problem, and some politicians made derogatory remarks about 
persons with HIV and AIDS. However, the National Health Insurance 
provides free screening and treatment, including anti-retroviral 
therapy for all HIV-infected nationals.
Section 6. Worker Rights
    a. The Right of Association.--Most workers in Taiwan have been 
allowed to form unions and to associate for many years. However, 
domestic employees do not have association rights and all teachers, 
civil servants, and defense industry workers are excluded from all laws 
protecting the right to strike and unionize. President Chen, during his 
re-election campaign this year, pledged to amend the Constitution to 
give all workers the right to association and collective bargaining.
    Until 1995, teachers, civil servants, and defense industry workers 
had no legal basis to form any type of worker association. In 1995, the 
JY ruled that the right of association is protected by the 
Constitution. In June 2002, the LY passed the Civil Servants 
Association Law, which affords civil servants the right to organize 
professional associations but does not permit them to organize labor 
unions or to strike. Under the Teachers' Law, teachers may organize 
associations to bargain with school administrators but they are not 
allowed to organize labor unions or to strike. In September 2002, more 
than 100,000 teachers from around the island gathered in Taipei to 
protest not being allowed to form unions and to strike. In December 
2003, teachers joined together to establish a national teachers' union 
to enhance teacher rights. In June, the Council of Labor Affairs (CLA) 
denied a certification request by the teachers' union on the grounds 
that teachers are precluded from forming unions under the Labor Union 
Law. The dispute between the CLA and proposed union is under 
litigation, and amendments to the Teachers Law and the Labor Union Law, 
which would permit unionization was pending in the LY at year's end. In 
April, the Kaohsiung Municipal Government decided not to apply the 
Labor Law to teachers and allowed them to form unions based on the 
Local Autonomy Law. At year's end, legislation protecting defense 
workers' right to association had not been proposed.
    A number of laws and regulations limit the right of association. 
While labor unions may draw up their own rules and constitutions, they 
must submit those rules and constitutions to their county and city 
governments as well as the CLA national labor federation for review. 
Labor unions may be dissolved if they do not meet certification 
requirements or if their activities disturb public order. During the 
year, there were no reports of political interference in labor union 
affairs. However, some of the labor union leaders work closely and 
cooperate with political parties that support them.
    Workers other than teachers, civil servants, and defense industry 
workers are protected by the Labor Law. Under the Labor Union Law, 
employers may not refuse employment to, dismiss, or otherwise unfairly 
treat workers because they are labor union members. The Labor Union Law 
requires that labor union leaders be elected regularly by secret 
ballot, and in recent years, workers have sometimes rejected 
management-endorsed union slates. However, in practice, employers 
sometimes dismissed labor union leaders without reasonable cause or 
laid them off first during employee cutbacks, and according to the 
Taiwan Labor Front, the law has no specific penalties for violations.
    Labor unions may form confederations, and island-wide labor 
federations, included the Taiwan Confederation of Trade Unions 
(previously known as the National Federation of Industrial Unions), the 
Chinese Labor Unions Federation, and the National Trade Union 
Confederation.
    The percentage of workers who were labor union members did not 
increase in recent years in the face of a series of factory closure 
layoffs, the shift from manufacturing to service industries, and the 
small-scale and poor organization of most unions. As of March, 
approximately 29 percent of the 10.2 million-person labor force 
belonged to 4,189 registered labor unions.
    In 1971, the People's Republic of China replaced Taiwan in the 
International Labor Organization (ILO). However, Taiwan's Chinese 
Federation of Labor attends the ILO annual meetings as an affiliate of 
the International Confederation of Free Trade Unions.

    b. The Right to Organize and Bargain Collectively.--Except for the 
categories of workers noted above, the Labor Union Law and the 
Settlement of Labor Disputes Law give workers the right to organize and 
bargain collectively.
    The Collective Agreements Law provides for collective bargaining 
but does not make it mandatory. The 314 collective agreements in force 
in March 2003 involved roughly 28 percent of industrial labor unions 
and covered a relatively small proportion of the total workforce. 
Employers set wages generally in accordance with market conditions.
    The law governing labor disputes recognizes the right of labor 
unions to strike but imposes restrictions that in practice make legal 
strikes difficult and seriously weaken collective bargaining. For 
example, the authorities require mediation of labor/management disputes 
when they deem the disputes to be sufficiently serious or to involve 
``unfair practices.'' The law forbids both labor and management from 
disrupting the ``working order'' when either mediation or arbitration 
is in progress. The law mandates stiff penalties for violations of no-
strike and no-retaliation clauses. Employers in the past sometimes 
ignored the law and dismissed or locked out workers without any legal 
action being taken against them, although no such cases were reported 
during the year.
    Since the lifting of martial law in 1987, there were 36 strikes, of 
which 23 involved workers at bus companies seeking increased pay and 
reduced hours. According to CLA data, there were no strikes during the 
year. Labor unions of state-run enterprises, such as Taiwan Tobacco and 
Liquor Co., Taiwan Power Company, and Chunghwa Telecom, have 
successfully used strike-threat, mass leave, and protest to slow down 
the process of privatization. During the September 2003 Moon Festival 
Holiday, one of the busiest travel periods of the year, the Taiwan 
Railway Workers Union attempted a de facto strike by calling a general 
meeting of all its members to protest the Government's goal of 
privatizing the Taiwan Railway Administration. This job action was 
generally ineffective as the trains were kept running, but, in the wake 
of a threatened Lunar New Year strike during the year, the authorities 
agreed to postpone privatization of the railways and to absorb all 
debts of the Taiwan Railway Administration. In November 2003, the LY, 
in response to a request by trade union leaders, agreed to establish an 
advisory committee to monitor the privatization of state-run 
enterprises to ensure a fair, open, and impartial process.
    Firms in export processing zones were subject to the same laws 
regarding treatment of labor unions as other firms and followed normal 
practices including honoring collective bargaining agreements with 
their unions.

    c. Prohibition of Forced or Compulsory Labor.--The law prohibits 
forced or compulsory labor, including forced and compulsory labor by 
children; however, there were several cases of forced child 
prostitution prosecuted by the authorities (see Section 5).
    In 1992, 66 women who had been forced to work as ``comfort women'' 
(women who, during World War II, were forced to provide sex to soldiers 
of the Japanese Imperial Government) registered with the Taipei Women's 
Rescue Foundation (TWRF). In 1999, TWRF helped nine of those still 
alive to file a lawsuit in the Tokyo District Court seeking 
compensation of $81,300 (10 million Japanese Yen) per person and a 
formal apology from the Japanese Government. In October 2002, the Tokyo 
District Court ruled against the women. TWRF has filed an appeal in the 
Tokyo High Court. At present, only seven of the nine women are still 
alive.

    d. Prohibition of Child Labor and Minimum Age for Employment.--The 
Labor Standards Law (LSL) stipulates age 15, the age at which 
compulsory education ends, as the minimum age for employment. County 
and city labor bureaus enforced minimum age laws effectively. The Child 
Welfare Law, the Juvenile Welfare Law, and the Child and Juvenile 
Sexual Transaction Prevention Act protect children from debt bondage, 
prostitution, pornographic performances, and other illicit activities 
specified in ILO Convention 182.

    e. Acceptable Conditions of Work.--The Labor Standards Law (LSL) 
addresses rights and obligations of employees and employers, but the 
law was not well enforced in areas such as overtime work and pay or 
retirement payments. By the end of 2003, the LSL covered 5.9 million of 
Taiwan's 7.0 million salaried workers. Those not covered included 
teachers, doctors, lawyers, civil servants, and domestic workers. The 
CLA conducted publicity campaigns to increase public awareness of the 
law and operated telephone hotlines to accept complaints of LSL 
violations. In June, the LY passed the Labor Pension Act, which 
requires employers to put 6 percent of monthly wages into individual 
employee accounts. Employees who covered under the Labor Standards Law 
will be included in the act. The accounts will be associated with the 
individual employee, not the employer, and be portable. The act will 
take effect in July 2005 with a 1-year grace period.
    The CLA did not increase the minimum monthly wage, which has 
remained at $465 (NT$15,840) since 1998. While sufficient in less 
expensive areas, this wage did not assure a decent standard of living 
for a worker and family in urban areas such as Taipei. However, the 
average manufacturing wage was more than double the legal minimum wage, 
and the average for service industry employees was even higher. Legal 
working hours are 84 hours per 2-week period. In the public sector, 
there is a 5-day workweek. According to a CLA survey, 53 percent of 
private enterprises also have reduced the normal workweek to 5 days. To 
reduce the impact of the reduction in working hours on businesses, in 
the LY amended the LSL to allow business to calculate work hours on an 
8-week base, so that firms can arrange work hours in such a way as to 
reduce the amount of overtime work.
    The law provides standards for working conditions and health and 
safety precautions and gives workers the right to remove themselves 
from dangerous work situations without jeopardy to continued 
employment. However, critics alleged that the CLA did not effectively 
enforce workplace laws and regulations because it employed too few 
inspectors. During the year, there were 277 inspectors available for 
the approximately 280,000 enterprises covered by the Occupational 
Safety and Health Law. However, by combining health inspections with 
safety inspections, the number of health and safety inspections 
increased 21 percent from 71,848 in 2002 to 86,774 in 2003. The CLA 
maintained that it had strengthened its safety checks at workplaces 
with a greater risk of worker injury and it offered training programs 
to help workers protect their rights. Since many enterprises were 
small, family-owned operations employing relatives unlikely to report 
violations, actual adherence to the hours, wage, and safety sections of 
various labor laws was difficult to document but was believed to be 
minimal in these smaller enterprises.
    The CLA has adopted a series of measures to restrict the number of 
foreign workers in major public construction projects, key 
manufacturing investment projects, and the manufacturing sector, thus 
reducing the number of foreign workers by 15,000 workers per year over 
the past several years. The number of legal foreign workers decreased 
from 327,000 in 2000 to approximately 300,000 at the end of 2003. By 
May, however, the number of foreign workers increased to 304,000 
largely due to Taiwan's economic recovery and the lifting of a ban from 
allowing foreign workers to work on major public construction projects. 
Of the 304,000 foreign workers 102,000 are from Thailand, 86,000 from 
the Philippines, 70,000 from Vietnam, and 45,000 from Indonesia.
    The law stipulates that foreign workers who are employed legally 
receive the same protection as local workers. However, the CLA in 1998, 
allowed family maids, including foreign family maids, to be exempted 
from the LSL, denying them the right to safeguards provided to 
citizens. Moreover, authorities stated that in many cases, illegal 
foreign workers, many from Thailand and the Philippines, received board 
and lodging from their employers but no medical coverage, accident 
insurance, or other benefits enjoyed by citizens. In response to 
deteriorating economic conditions, the Government adopted a proposal by 
the Economic Development Advisory Conference allowing room and board 
expenses for foreign workers to be treated as in-kind payments and 
deducted from foreign workers' pay. The CLA set the ceiling of these 
deductions at $117 (NT$4,000) per month.
    Illegal foreign workers also were vulnerable to employer 
exploitation in the form of confiscation of passports (making it 
difficult to change employers), imposition of involuntary deductions 
from wages, and extension of working hours without overtime pay. There 
also were reports that foreign workers often paid high agency fees to 
obtain jobs. In addition, observers reported that conditions in many 
small- and medium-sized factories that employed illegal foreign labor 
were dangerous, due to old and poorly maintained equipment. Observers 
alleged that legal foreign workers were sometimes similarly exploited. 
The CLA urged employers not to mistreat foreign workers, and employers 
were subject to the same penalties for mistreating foreign workers as 
for mistreating citizen workers. In an effort to reduce broker fees, 
the CLA revoked permits of agencies charging excessive fees, and local 
governments inspected agency hiring practices. The CLA also negotiated 
direct hire agreements with labor-sending countries, and encouraged 
NGOs to establish nonprofit employment service organizations to assist 
foreign laborers in locating employment.
    In November 2002, the CLA rescinded regulations requiring the 
deportation of foreign laborers who became pregnant and further amended 
regulations to allow them to switch to jobs with lighter workloads. The 
CLA has established 24 offices around the island to provide counseling 
and other services to foreign workers, and it provided financial 
assistance to city and county governments to conduct inspections of 
places where foreign workers were employed. It also attempted to reduce 
the number of illegal foreign workers.

                               __________

                               EAST TIMOR

    East Timor became a fully independent republic in May 2002, 
following approximately 2 years under the authority of the U.N. 
Transitional Administration in East Timor (UNTAET). The country has a 
parliamentary form of government with its first parliament formed from 
the 88-member Constituent Assembly chosen in free and fair, U.N.-
supervised elections in 2001. The 29-member Cabinet is dominated by the 
Fretilin Party, which won the majority of assembly seats. Mari 
Alkatiri, Fretilin's Secretary General, is Prime Minister and Head of 
Government, and Xanana Gusmao, elected in free and fair elections in 
2002, is President and Head of State. UNTAET's mandate ended with 
independence, but a successor organization, the U.N. Mission of Support 
in East Timor (UNMISET), was established. The Constitution provides 
that ``laws and regulations in force continue to be applicable to all 
matters except to the extent that they are inconsistent with the 
Constitution.'' Under this provision, many Indonesian and UNTAET laws 
and regulations remain in effect. Regulations providing for an 
independent judiciary generally were respected; however, the judicial 
system was inefficient and, at times, inconsistent.
    UNMISET maintains responsibility and command of the U.N. Peace 
Keeping Force (UNPKF) and the U.N. Police Forces (UNPOL). On May 20, 
UNMISET ceded authority for maintaining internal security to the 
national police force (PNTL, or Policia Nacional de Timor-Leste) and 
external security to the national defense force (F-FDTL, or Falintil-
Forca Defesa Timor-Leste). The UNPKF remained as a rapid response force 
and border patrol. UNPOL operations were limited to a small advisory 
unit to assist in the development of the PNTL. The PNTL is responsible 
to the civilian Minister of the Interior. According to the 
Constitution, F-FDTL is responsible to the Superior Council for Defense 
and Security, a civilian body headed by the President; however, at 
year's end, the Superior Council had not been established, and F-FDTL 
was supervised by the civilian Secretary of State for Defense. Civilian 
authorities generally maintained effective control of the security 
forces; however, there were a few instances in which members of the 
security forces acted independently of government authority. Some 
members of the PNTL and F-FDTL committed human rights abuses.
    The country is extremely poor, with two-thirds to three-fourths of 
the population of 924,000 persons engaged in subsistence agriculture. 
Per capita gross domestic product was approximately $430. The majority 
of the population had basic shelter and sufficient food supplies. An 
estimated 70 to 80 percent of the country's infrastructure was severely 
damaged by the systematic scorched-earth campaign that Indonesian 
military and militia forces conducted in 1999 as they withdrew. The 
rural agricultural economy has recovered significantly, but the country 
remained dependent on imported food. Coffee remained the territory's 
only significant export. In 2002, the country concluded an interim 
agreement with Australia to share revenue from a portion of the 
potentially lucrative Timor Gap oil and gas region. Property ownership 
disputes and the lack of a comprehensive commercial code hindered 
investment and related long-term development. Urban unemployment and 
wage and price inflation remained significant problems. Most observers 
believed that the country would remain heavily dependent on foreign 
assistance for the next several years.
    The Government generally respected the human rights of its 
citizens; however, there were problems in some areas. There were 
numerous reports of excessive use of force and abuse of authority by 
police officers. Prolonged pretrial detention was a problem. The rights 
to due process and to an expeditious and fair trial often were denied 
or restricted, largely due to severe shortages of resources and lack of 
trained personnel in the legal system; there also were reports of abuse 
of authority by government officials. It was not clear how many 
refugees or displaced persons wished to return to the country but 
feared reprisals from militias in West Timor or attacks and harassment 
by returnees suspected of being former militia members. Domestic 
violence against women was a problem, and there were instances of rape 
and sexual abuse. The country lacked the infrastructure to care 
adequately for persons with mental or physical disabilities. Child 
labor in the informal sector occurred, and 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 no 
reports of the arbitrary or unlawful deprivation of life committed by 
the Government or its agents.
    There were no developments in the investigation of the September 
2003 killing of fugitive militia leader Francisco Vegas Bili Atu by a 
member of the PNTL. While the officer claimed the shooting was in self-
defense, there were credible reports that excessive force may have been 
used. There also were no developments in the case of the former militia 
members arrested after attacking a bus near Aidabaleten in February 
2003, in which two persons were killed and several others injured.

    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 the prohibition against torture; 
however, there were incidents of cruel or degrading treatment by police 
officers. For example, on April 3, a member of a foreign military team 
on an official training mission suffered a broken nose and severe 
bruising from a beating by police officers after he allegedly left the 
scene of a traffic accident. The Professional Standards Unit (PSU) of 
the PNTL investigated the officers involved and recommended discipline 
to the PNTL Commissioner. At year's end, the Ministry of the Interior 
had referred the case to the Office of the Prosecutor General for 
possible criminal prosecution but had not imposed administrative 
discipline against the perpetrators, and at least one of the officers 
involved had been promoted to a position of greater authority. On May 
24, several PNTL officers assaulted two men who appeared intoxicated at 
a cockfight in Dili. The officers sprayed the men with pepper spray and 
punched and kicked them. The officers reportedly continued to beat the 
men while they were in police custody. The case was investigated by the 
PSU, which forwarded a report to the PNTL Commissioner; at year's end, 
no action had been taken against the officers. On June 18, several 
members of the Rapid Intervention Unit (UIR) of the PNTL assaulted a 
security guard at a Dili restaurant. A UIR officer kicked the security 
guard and beat him with a baton. The victim claimed to have been 
knocked unconscious. The PSU investigated the case, and a criminal case 
was pending at year's end, but all officers involved remained on active 
duty. On September 22, a man driving an overloaded car was stopped by 
members of the UIR accompanied by the Minister of the Interior. When 
the man argued with a UIR officer about the legality of the number of 
persons in his car, the UIR officer beat the man, in the presence of 
the Minister of the Interior, until the victim began to bleed. The 
driver reported the incident to the President, who asked the Government 
to investigate the matter. The Office of Human Rights in the Prime 
Minister's Office reportedly was investigating the incident.
    On July 20, police officers dispersed a nonviolent demonstration in 
the parking lot of the Palacio do Governo, which holds the offices of 
the Prime Minister and other senior government officials. When the 
demonstrators refused a request to move their demonstration across the 
street, police used tear gas and excessive force to disperse the group. 
UIR officers beat several protesters, including some who were 
attempting to flee or who had been placed in police custody. In August, 
17 members of the Comite Popular de Defesa-Republica Democratica de 
Timor-Leste (CPD-RDTL), a fringe political movement that sometimes 
claims to be the true government of the country, were arrested without 
a warrant in the village of Viqueque. The men initially were taken from 
Viqueque to Baucau, where they were detained for several days before 
being taken to Dili. There were allegations that the men were beaten 
and deprived of food during their detention. After a court in Dili 
ordered the men released, they were transported to Viqueque. One man 
died, presumably from exhaustion, while walking from Viqueque to his 
village.
    There were no developments in the July 2003 case in which a police 
officer reportedly participated in beating and burning with cigarettes 
a 16-year-old deaf and mute boy who had been accused of petty theft.
    Between November 10 and November 28, members of the PNTL beat 
several CPD-RDTL members in remote areas of Covalima district. Police 
also fired what they claimed were warning shots, but the CPD-RDTL 
members claimed the shots were fired at them. These attacks appeared to 
have been in retaliation for the destruction of a bridge near Suai, 
allegedly by CPD-RDTL members. Since no complaint was lodged with the 
PSU, no government agency opened an investigation.
    Occasional clashes between members of the PNTL and the F-FDTL 
remained a problem. In January, a confrontation in Los Palos, in which 
a number of PNTL officers were temporarily detained by F-FDTL soldiers, 
led to the creation of an independent commission by the President to 
investigate the problems faced by F-FDTL and recommend solutions. On 
December 16, a group of F FDTL soldiers ransacked a PNTL station where 
a sergeant in the armed forces had been detained and allegedly 
mistreated. Another PNTL officer was beaten at his home by two F-FDTL 
soldiers, allegedly because of his involvement in the case, and there 
were reports of retaliatory attacks by PNTL members on F FDTL members. 
This incident prompted senior government officials to call for a 
coordinated effort to resolve outstanding issues between the police and 
the armed forces. At year's end, the only concrete actions that had 
been taken were a series of high-profile goodwill meetings and a soccer 
game between the PNTL and the F-FDTL, in which the President served as 
referee.
    There were reports of sexual abuse by police officers during the 
year. In May, three PNTL officers, including a police subinspector, 
were credibly accused of raping a 16-year-old girl. The PNTL officers 
allegedly forced the girl into a police vehicle at gunpoint and took 
her to a police training compound on the outskirts of Dili, where the 
rape took place. The officers were suspended from duty and briefly held 
in prison to await trial; however, by year's end, the officers had been 
released. At least three other officers, including one who had 
previously been implicated in the assault on the foreign military team 
member, were accused of raping the girl on previous occasions. These 
officers also were released pending further investigation of the 
incident. The PSU conducted an investigation, and the case was 
forwarded to the Prosecutor General; however, at year's end, no 
administrative actions had been taken on this case, and no date was set 
for trial. On September 11, an off-duty police officer forcibly entered 
the home of a 12-year-old girl who allegedly had been statutorily raped 
by the officer's 19-year-old brother. The officer reportedly threatened 
the girl and her parents with his pistol and baton. After initially 
claiming the incident was a ``family matter,'' police opened an 
investigation. At year's end, no administrative action had been taken. 
The delay or refusal by police to investigate allegations of rape or 
domestic violence was a common problem (see Section 5).
    Prison conditions generally met international standards; however, 
prison facilities were deteriorating, and there were a few reports of 
undisciplined behavior by prison guards. At Gleno prison, the 
deterioration of infrastructure gave rise to safety and security 
concerns, and there were severe water shortages as well as reports of 
mistreatment of prisoners.
    There were no developments in the criminal case filed against a 
guard who, in June 2003, reportedly beat and injured an inmate at 
Baucau prison while other guards watched.
    Becora prison, which had a separate cellblock for juveniles, was 
used to incarcerate juvenile prisoners unless they requested to be 
incarcerated elsewhere. There were no separate juvenile facilities at 
the Gleno or Baucau prisons. All female prisoners were held in separate 
facilities in Gleno and Baucau. There were two full-time social workers 
to deal with juveniles, women, the elderly, and mentally ill inmates. 
All prisons operated at or very near capacity throughout the year. 
There were no reports of severe overcrowding.
    The Government permitted prison visits by the International 
Committee of the Red Cross and independent human rights observers.

    d. Arbitrary Arrest or Detention.--The Constitution prohibits 
arbitrary arrest and detention; however, there were a few instances in 
which these provisions were violated. In a number of cases, persons 
were arrested and detained but ultimately not charged with crimes. 
Although this sometimes happened due to misunderstandings or because an 
investigation exculpated the suspect, the circumstances of other cases 
suggested that law enforcement officers may have held detainees as a 
form of punishment. For instance, on November 7, two former PNTL 
officers, who had recently resigned to accept positions as security 
guards with an embassy, were arrested and detained for 48 hours by 
direct order of the Minister of the Interior, allegedly because they 
had not properly resigned from PNTL; however, they were accused of no 
crime, and the penalties prescribed by law for violations of internal 
police disciplinary regulations do not include detention.
    The PNTL remained poorly equipped and undertrained, and there were 
numerous credible allegations of abuse of authority (see Section 1.c.), 
mishandling of firearms, and corruption. Reports of abuse of authority 
and unprofessional conduct increased after policing authority was 
transferred from the U.N. to the PNTL.
    The PSU investigated allegations of police misconduct and reported 
its findings to the PNTL Commissioner. Cases of severe misconduct were 
referred to a newly established committee chaired by a vice minister of 
the Ministry of the Interior. At year's end, this committee had a 
backlog of approximately 75 cases. During the year, some officers were 
punished for relatively minor misconduct, and, in at least two cases, 
police officers were convicted and sentenced for assaults committed 
while on duty; however, by year's end, no action had been taken in a 
number of cases involving serious misconduct, and some of the alleged 
perpetrators were promoted to positions of greater authority. There 
were allegations that personal connections within the police force were 
a factor in some cases.
    The PNTL often were slow to respond, willing to overlook required 
procedures, or ill-equipped to complete an investigation or arrest. In 
March, police reportedly claimed they had no vehicle available to 
investigate the case of a woman who died under suspicious circumstances 
in Liquica. Victims and suspects often were transported in the same 
vehicle, due to the limited availability of transportation.
    In a few cases, police were influenced by political pressures. In 
March, a district police commander was suspended after he refused 
instructions from his superiors to stop a rally in Suai held by an 
opposition party. In July, a CPD-RDTL member was arrested without a 
warrant after he and other members of the group hung antigovernment 
banners and as they reportedly were planning an antigovernment 
demonstration.
    During the year, there was increased concern within society and 
among international observers regarding the independence of the police. 
For example, on March 26, the Minister of the Interior reinstated a UIR 
officer who had been dismissed on March 10 after an investigation by 
the PSU found him guilty of assaulting a civilian. Newspaper reports 
quoted the Minister to the effect that perhaps the ``foreigner'' (the 
victim) had denigrated or sneered at the police officer or offended 
him, or that the PNTL officer believed that he had been denigrated. In 
November, the Minister ordered the arrest and detention of two police 
officers who had resigned, although there was no apparent legal basis 
for the detention (see Section 1.d.).
    Government regulations require a hearing within 72 hours of arrest 
to review the lawfulness of the arrest and detention and also to 
provide the right to a trial without undue delay. However, because of a 
shortage of magistrates, many suspects were forced to wait longer than 
72 hours for a hearing. This situation was particularly acute in areas 
that did not have a local magistrate or where authorities lacked means 
to transport suspects to a hearing. Some prosecutors, in violation of 
regulations, granted police the authority to detain persons beyond 72 
hours.
    A 2003 ruling by the Court of Appeals stated that the pretrial 
detention limit of 6 months and the requirement that such detentions be 
reviewed every 30 days need not apply in cases involving certain 
serious crimes; however, the 30-day review deadline was missed in a 
large number of cases involving less serious crimes, and a majority of 
the prison population consisted of pretrial detainees.

    e. Denial of Fair Public Trial.--The Constitution provides for an 
independent judiciary. The law provides that judges shall perform their 
duties ``independently and impartially'' without ``improper 
influence.'' UNTAET regulations, still in force, include a Prosecution 
Law that requires public prosecutors to discharge their duties 
impartially. These provisions generally were respected.
    The court system includes four district courts (Dili, Baucau, Suai, 
and Oecussi) and a national Court of Appeals in Dili. The Ministry of 
Justice is responsible for administration of the courts and prisons and 
also provides defense representation. The Prosecutor General is 
responsible for initiating indictments and prosecutions. The Government 
had difficulty establishing the justice sector institutions and 
recruiting and training qualified judges, prosecutors, and defense 
attorneys. The judiciary's shortage of personnel, as well as 
bureaucratic and managerial inefficiency, contributed to the inability 
to provide for expeditious trials (see Section 1.d.). The lack of 
qualified prosecutors and technical staff for the office of the 
Prosecutor General led to a backlog of more than 3,000 cases by year's 
end.
    The Appeals Court, responsible for adjudicating appeals from the 
district courts, became fully functional and heard its first cases in 
July 2003. Until a Supreme Court is established, the Appeals Court 
remains the country's highest tribunal.
    Personnel shortages affected the entire legal system, but it 
disproportionately affected the operations of the Baucau, Oecussi, and 
Suai district courts, which operated at irregular intervals. The 
shortage of trained personnel also led to trials that did not fulfill 
prescribed legal procedures. For instance, in one case, the prosecutor 
did not appear for a scheduled hearing, and the judge ordered a court 
clerk, who also was a law student, to serve in lieu of the prosecutor 
so that the hearing could go forward. The arrival of four international 
judges in October was designed in part to clear the district courts' 
backlog, but at year's end, it was not clear what effect these judges 
would have.
    Most trial judges and prosecutors had been trained only in 
Indonesian law and received their legal education in the Indonesian 
language, while most appellate judges and many senior government 
officials were trained elsewhere and spoke little or no Indonesian. The 
Court of Appeals operated primarily in Portuguese. The UNTAET 
regulations, many of which still are in force, were available in 
English, Portuguese, and Indonesian, as well as in Tetum, the language 
most widely spoken in the country. Laws enacted by Parliament, intended 
to supplant gradually the Indonesian laws and UNTAET regulations, were 
published only in Portuguese, and many litigants, witnesses, and 
criminal defendants were unable to read the new laws. As of October 1, 
a decision by the Superior Council of Magistrates required that trials 
be conducted solely in Portuguese and Tetum.
    The Serious Crimes Unit (SCU), established by UNTAET in 2000, is 
responsible for investigations and indictments concerning genocide, war 
crimes, crimes against humanity, murder, sexual offenses, and torture 
that occurred in 1999. By year's end, the SCU had filed 95 indictments 
against 391 persons. Of these, 290 indictees remained at large in 
Indonesia with little chance of being returned to stand trial. In 2000, 
UNTAET established the Special Panels on Serious Crimes within the Dili 
District Court to try those charged with the mass killings and other 
gross human rights violations committed in 1999. The two Special 
Panels, each of which consists of two foreign judges and a local judge, 
have exclusive and ``universal'' jurisdiction to adjudicate cases 
concerning these human rights violations. By year's end, the Special 
Panels had handed down 76 convictions, 2 acquittals, and 2 indictment 
dismissals; a total of 9 indictments involving 20 defendants and 1 
appeal were pending. Pursuant to U.N. Security Council resolutions, the 
SCU ceased investigating cases in November. The Special Panels for 
Serious Crimes were scheduled to cease operations on May 20, 2005. The 
Ad Hoc Tribunal, based in Indonesia, failed to achieve accountability 
for crimes against humanity committed in East Timor in 1999. The U.N. 
has stated its intention to appoint a Commission of Experts to evaluate 
the Ad Hoc Tribunal and the SCU and recommend the next steps for 
achieving accountability. In December, the Governments of Indonesia and 
East Timor agreed to form a bilateral Truth and Friendship Commission 
to address a broad range of bilateral issues, including accountability. 
At year's end, the upcoming dissolution of the SCU led to increased 
public support for an international tribunal or other mechanism to 
bring to justice those indictees who remained at large in Indonesia.
    The SCU worked very closely with the Truth and Reconciliation 
Commission of East Timor (CAVR, or Comissao de Acolhimento, Verdade e 
Reconciliacao de Timor Leste). While the SCU is mandated to investigate 
and prosecute crimes against humanity committed in 1999, the CAVR 
investigated less egregious human rights violations that occurred 
between April 1974 and October 1999. CAVR also facilitated 
reconciliation between victims and perpetrators of these violations 
(see Section 4). The CAVR was scheduled to publish its final report and 
cease operations in July 2005.
    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 a few reports of arbitrary interference with privacy, 
family, home, and correspondence. For example, in 2003, the Government 
seized the home of a popular opposition leader on questionable legal 
grounds and repeatedly has ignored court orders barring any 
construction on the property until the legal ownership is determined.
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 a few instances 
in which government officials attempted to interfere with the press. An 
editor of one of the two major local newspapers cited several instances 
in which senior government officials cautioned the editorial staff 
against overt criticism of various ministries and the police force. In 
addition, government officials reportedly instructed the television 
station to cease broadcasting images of police assaulting civilians 
after a July 20 demonstration (see Section 1.c.). The journalist who 
made the film reported that government officials told him that he 
should not make the film available to others.
    There were two daily newspapers, three weeklies, and several 
newspapers that appeared sporadically. Their editorials frequently 
criticized the Government and other political entities; however, fear 
of defamation suits inhibited the willingness of some media outlets to 
criticize the Government. Libel and defamation are criminal offenses 
under Indonesian statutes that have remained in force pending enactment 
of a criminal code, but no prosecutions were brought under these 
statutes.
    The Public Broadcast Service (PBS) owned and operated a radio 
station and a television station. The PBS radio service was available 
throughout the country. The PBS broadcast television was available only 
in Dili and Baucau. In addition to the PBS radio station, there were 16 
community radio stations, including at least 1 in each district. Radio 
was the most important news medium for most of the country.
    There were no legal or administrative restrictions on Internet 
access.
    The Government generally did not restrict academic freedom; 
however, in April, the Council of Ministers issued a decree law 
requiring that academic research on Tetum and other indigenous 
languages be approved by the National Language Institute (INL). It gave 
the INL the power to refuse to authorize linguistic research that ``has 
no scientific merit'' or that ``would not be advantageous to the 
country.'' Foreign researchers must obtain authorization from the INL 
``under penalty of manifest illegality.'' There were no reports during 
the year that this law had been applied to prevent academic research or 
to punish researchers.

    b. Freedom of Peaceful Assembly and Association.--The Constitution 
provides for the freedom of assembly and association, and the 
Government generally respected these rights; however, there were a few 
cases in which these rights were violated. In March, PNTL officers 
raided a house in the village of Uatulari where an opposition party was 
holding a public meeting. Police claimed that the party had not 
obtained a permit for the meeting; however, under the law, a permit is 
not necessary for a meeting in a private home. The persons in the 
meeting were detained at the local police station for several hours 
before being released.
    In December, the Parliament approved a bill that would impose 
greater restrictions on the freedom of assembly. For example, the law 
as introduced would have required protesters to remain at least 500 
meters away from any government building or foreign embassy. Although 
Parliament amended the bill to reduce this distance to 100 meters, the 
bill as passed would also prohibit demonstrations that challenge the 
constitutional order or ``transgress against the respect and 
consideration due'' to the President or a Cabinet member. The ``respect 
and consideration'' provision states that it is ``without prejudice to 
the right to criticize.'' At year's end, the President had yet to 
promulgate or veto the legislation.

    c. Freedom of Religion.--The Constitution provides for freedom of 
religion, and the Government generally respected this right in 
practice. More than 90 percent of the population was Roman Catholic, 
and there were small Protestant and Muslim minorities. Generally, 
religious minorities were well integrated in society.
    Between November 21 and December 1, a group of Muslims of Malay 
descent who had occupied a Dili mosque for 3 years were deported to 
Indonesia. The group had experienced difficulty integrating into 
society and obtaining citizenship. Ethnic Timorese Muslims have not 
faced the same difficulties.
    During the year, there were some reports that Protestant 
evangelists and their converts had been threatened and, in some cases, 
assaulted by members of the communities in which they were 
proselytizing, and that the legal system was slow to respond to these 
charges.
    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 the Government did not 
employ it.
    The conflicts in 1999 and anti-independence militia activity in 
2000 and 2001 resulted in 250,000 East Timorese fleeing their homes and 
crossing the border into West Timor. By 2003, roughly 225,000 had 
returned home. During the year, an additional small number of refugees 
returned from West Timor.
    The Constitution provides for the granting of asylum or refugee 
status to persons 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 or asylum; however, there were concerns that the 
country's regulations governing asylum and refugee status may preclude 
genuine refugees from proving their eligibility for such status. For 
example, persons who wish to apply for asylum have only 72 hours to do 
so after entry into the country. Foreign nationals already present in 
the country have only 72 hours to initiate the process after the 
situation in their home country becomes too dangerous for them to 
return safely. A number of human rights and refugee advocates 
maintained that this time limit contravenes the 1951 Convention. These 
advocates also expressed concern that no written reasons are required 
when an asylum application is denied.
    There were nine applicants for asylum during the year. At year's 
end, three had been accepted along with three others who had applied in 
2003 under the U.N. High Commissioner for Refugees (UNHCR) mandate. 
After the promulgation of the 2003 Immigration and Asylum Act, the 
Government assumed responsibility from UNHCR for adjudicating asylum 
claims. Throughout the year, UNHCR continued to mentor immigration 
officials to ensure that asylum applications were processed according 
to treaty guidelines. The Government instituted a process whereby all 
asylum applications must be approved by the Minister of the Interior. 
There was concern that this could lead to unnecessary delays.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The Constitution provides citizens with the right to change their 
government peacefully through periodic elections. In 2002, Xanana 
Gusmao was inaugurated as the first President, and, in accordance with 
the Constitution, the members of the Constituent Assembly were sworn in 
as the first National Parliament. Mari Alkatiri became the first Prime 
Minister of the country. The 88-member Assembly, elected in 2001, was 
charged with writing a constitution, which was completed in 2002 and 
came into effect upon independence. Some observers criticized the 
provision under which the Constituent Assembly automatically became the 
Parliament and a parliamentary election is not required until 5 years 
after independence.
    Corruption in the executive and legislative branch was not 
considered a significant problem; however, there were credible rumors 
of petty corruption at the nation's port. In addition, customs and 
border officials were suspected of facilitating the smuggling of 
gasoline, tobacco, and alcohol across the border from neighboring 
Indonesia. In March, a company filed a lawsuit against Australia, 
Indonesia and other parties, alleging the parties had stolen the 
company's right to develop oil and gas reserves in the Timor Sea. 
Included in the suit were accusations that senior executive and 
legislative officials in East Timor accepted several million dollars in 
bribes from a rival firm. The suit was ongoing at year's end.
    The Constitution stipulates that all legislation, Supreme Court 
decisions, and decisions made by government bodies must be published in 
the official gazette. Failure to publish them renders them null and 
void. Regulations also provide for public access to court proceedings 
and decisions. In addition, rules governing the national budget and 
accounts ensure public access. The country's draft petroleum fund law 
was consistent with internationally acceptable principles of 
transparency and oversight.
    There were 23 women in the 88-seat Assembly. Women held two senior 
cabinet positions--Minister of State and Minister of Finance and 
Planning--and three vice minister positions. One of the three judges on 
the Appeals Court was a woman.
    The country's small ethnic minority groups were well integrated 
into society. The number of members of these groups in Parliament and 
other government positions was uncertain. Both the Prime Minister and 
the Secretary of State for Defense were members of ethnic minority 
groups.
    During the year, independent election authorities, assisted by 
UNMISET advisors, carried out a voter registration, and the list of 
registered voters was published for public scrutiny in October. Local 
elections using the new list began in December and were scheduled to be 
completed by June 2005. Technical difficulties plagued the first day of 
polling on December 18; however, the national election commission moved 
quickly to rectify the problems.
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. Nongovernmental 
organizations (NGOs) have played an active role in assisting and 
advising in the development of the country, and numerous NGOs were 
established over the last 3 years.
    According to the controversial 2003 Immigration and Asylum Act, 
foreigners are prohibited from taking part in political activities. 
This provision could preclude foreigners and international NGOs from 
assisting labor unions or projects to promote the development of civil 
society, and it could also allow the Government to restrict noncitizens 
from monitoring the criminal or judicial systems. In addition, the law 
allows the Government to prohibit foreigners from holding conferences 
and cultural exhibitions if the Government believes that the activities 
would jeopardize the interests of the country. An exception in the law 
exempts activities contracted by government institutions, funded by 
bilateral or multilateral assistance programs, and aimed at training or 
strengthening democratic institutions that are constitutional and 
regulated by law or strictly academic in nature. In November 2003, 
government officials threatened to use the act against the 
International Republican Institute (IRI), apparently in response to 
press reports that characterized the results of an IRI-sponsored public 
opinion poll as unfavorable to the Prime Minister. Members of 
Parliament told the IRI that the President of Parliament had ordered 
them to stop attending meetings of the Women's Caucus that were 
sponsored by the IRI.
    On April 27, Parliament promulgated a law establishing the 
constitutionally mandated Office of the Provedor (Ombudsman) for Human 
Rights and Justice, although by year's end, the position had not yet 
been filled. Parliament reconvened in a special session on August 16 to 
consider the three nominees for the position; however, none of the 
candidates obtained a majority vote, and the President of Parliament 
announced that the process for nominations would be reopened. 
Parliament again attempted to elect a Provedor on October 25. However, 
neither of the 2 remaining candidates received an absolute majority, 
due to the absence of 10 members of Parliament. A third election for 
Provedor was to be scheduled for early 2005.
    The CAVR, charged with inquiring into past human rights violations, 
is headed by 7 national commissioners and 29 regional commissioners in 
6 regional offices. The CAVR seeks truth and reconciliation through 
testimonials by victims and perpetrators of human rights violations. 
The CAVR held numerous reconciliation meetings in locations throughout 
the country. In December 2003, the CAVR held a 4-day public hearing on 
internal political conflict between 1974 and 1976, in which several 
victims and current government leaders publicly discussed the breakdown 
of relations among domestic political parties and subsequent violence 
and related human rights violations during the period between 
Portugal's decision to decolonize the country in 1974 and Indonesia's 
intervention in late 1975. In March, the CAVR held its final public 
hearing, dedicated to the topic of violence against children. Twelve 
witnesses testified on the effect of the various stages of the armed 
struggle on the lives of children, both before and during the 
Indonesian occupation.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    Government regulations prohibit all forms of discrimination. 
Nonetheless, violence against women was a problem, and discrimination 
against women, persons with disabilities, and members of minority 
groups occurred.

    Women.--Domestic violence against women was a significant problem 
and sometimes was exacerbated by the reluctance of authorities to 
respond aggressively to cases of alleged domestic violence. In some 
cases, a lack of resources was used to justify official inaction and 
failure to investigate or prosecute cases involving violence against 
women.
    Failures to investigate or prosecute, as well as long delays, also 
were common in cases of alleged rape and sexual abuse. For example, the 
PNTL conducted an investigation in a 2003 case in which a woman 
allegedly was raped by a member of the F-FDTL. However, at year's end, 
the case had been delayed and postponed numerous times, and it had not 
been heard by the district court.
    Government regulations prohibit persons from organizing 
prostitution; however, under Indonesian laws still in force, 
prostitution itself is not illegal. Nevertheless, women accused of 
prostitution often were arrested, and some were mistreated while in 
detention. The Government deported some foreign women for alleged 
prostitution on the ground that they had violated the terms of their 
visas.
    There were no reports of gender-based employment discrimination 
during the year; however, women usually deferred to men when job 
opportunities arose at the village level.
    Some customary practices discriminate against women. For example, 
in some regions or villages where traditional practices hold sway, 
women may not inherit or own property.
    UNTAET created a Gender Affairs Unit that has continued as the 
Office for the Promotion of Equality within the Prime Minister's 
office. The unit provided training to women entering public service and 
attempted to ensure that women had a voice in government and civil 
society structures.
    The East Timorese Women's Forum and East Timorese Women Against 
Violence offered some assistance to female victims of violence and 
established a women and children's shelter for victims of domestic 
violence and incest. Other NGOs supported women through microcredit 
lending.

    Children.--The Constitution stipulates that primary education shall 
be compulsory and free; however, no legislation has been adopted 
establishing the minimum level of education to be provided, nor has a 
system been established to provide for free education. According to a 
U.N. study, approximately 25 percent of primary education age children 
nationwide were not enrolled in school; the figures for rural areas 
were substantially worse than those for urban areas. Only 30 percent of 
children in lower secondary education (ages 13 to 15) were enrolled, 
with an even greater difference between urban and rural areas. At least 
10 percent of children did not begin school. These statistics were 
fairly consistent for both male and female students.
    The low rate of vaccinations against communicable diseases was a 
serious problem. The U.N. estimated that only 5 percent of children 
between 12 and 23 months had been fully vaccinated, and 58 percent of 
children in this age range had not received any vaccinations. Under the 
U.N.'s Extended Program on Immunization, vaccinations and refrigeration 
equipment have been supplied to clinics in locations around the 
country. However, accessibility to these clinics and the lack of 
understanding of the need for vaccinations remained problems.

    Trafficking in Persons.--The law prohibits trafficking in women and 
children, whether for prostitution or for forced labor; however, during 
the year, there were several reports of women and girls trafficked into 
the country for prostitution. In most reported trafficking cases, the 
victims and the traffickers were foreign nationals. While both PNTL and 
UNPOL conducted raids on brothels and massage parlors in Dili during 
the year, there were credible reports that some police and customs 
officials were guilty of collusion with such establishments or with 
those who trafficked foreign women into the country to work in these 
establishments. In October 2003, authorities raided a Dili hotel and 
discovered a foreigner running a brothel with five women who had been 
recruited in Thailand with promises of employment as masseuses. Once in 
Dili, they were required to engage in prostitution. The women were not 
allowed to leave the establishment without permission, and their 
passports were confiscated by the brothel's owner. In court, the women 
were issued a deportation order, and at least one woman returned to 
Thailand. UNMISET officials and local NGO leaders cited several 
instances in which foreign women, usually of Chinese, Indonesian, or 
Thai origin, reported that they had been trafficked to the country and 
were being held against their will. For example, two Indonesian women 
interviewed by a local NGO stated that they had been hired by a 
businessman in Jakarta to work as housekeepers in a Dili hotel. When 
they arrived in Dili, the man confiscated their passports and confined 
the women to his house, telling them that they had to work as 
prostitutes to pay back their travel expenses.
    UNMISET and the Government established a working group to monitor 
and control trafficking. The Alola Foundation, an NGO headed by First 
Lady Kirsty Sword Gusmao, provided assistance to female victims of 
trafficking and advised the Government on trafficking-related issues.

    Persons With Disabilities.--Although the Constitution protects the 
rights of persons with disabilities, the Government has not enacted 
legislation or otherwise mandated accessibility to buildings for 
persons with disabilities, nor does the law prohibit discrimination 
against persons with disabilities. There were no reports of 
discrimination against persons with disabilities in employment, 
education, or the provision of other state services; however, difficult 
access to schools in many districts resulted in many children with 
disabilities not attending school. Training and vocational initiatives 
did not give attention to the needs of persons with disabilities. 
During the year, some persons with mental disabilities faced 
discriminatory or degrading treatment due in part to a lack of 
appropriate treatment resources. On February 8, a man suffering from a 
mental illness was arrested after he allegedly assaulted two police 
officers. The man was placed in Becora prison, which did not have 
facilities for mentally ill prisoners, and he was not provided access 
to psychiatric care until UNMISET officials referred the case to the 
Ministry of Health. In February, policed detained a mentally ill man 
for several days in a police station because there were no mental 
health facilities to care for him.

    National/Racial/Ethnic Minorities.--Relations are generally good 
between the ethnic Timorese majority and members of several small 
ethnic minority groups; however, there were occasional reports of 
discrimination against ethnic Chinese (who are less than 1 percent of 
the population) and ethnic-Malay Muslims. An historic tension between 
residents of the eastern part of the country, whose cultures and 
languages are partly of Papuan origin, and the Austronesian inhabitants 
of the western part of the country had largely subsided by the time of 
independence, but it was an occasional aggravating factor in personal 
and political disputes.
Section 6. Worker Rights
    a. The Right of Association.--The country has a labor code based on 
the International Labor Organization's standards. The law permits 
workers to form and join worker organizations without prior 
authorization. Unions may draft their own constitutions and rules and 
elect their representatives; however, attempts to organize workers 
generally have been slowed by inexperience and a lack of organizational 
skills. During the year, the Government established official 
registration procedures for trade unions and employer organizations.
    The Immigration and Asylum Act prohibits foreigners from 
participating in the administration of trade unions.

    b. The Right to Organize and Bargain Collectively.--While 
collective bargaining is permitted, workers generally had little 
experience negotiating contracts, promoting worker rights, or engaging 
in collective bargaining and negotiations.
    The law provides for the right to strike, but few workers exercised 
this right during the year.
    There are no export processing zones.

    c. Prohibition of Forced or Compulsory Labor.--Government 
regulations prohibit forced and compulsory labor, including by 
children; however, there were reports that in November, PNTL officers 
in Covalima district forced members of CPD-RDTL to perform labor as a 
form of punishment.

    d. Prohibition of Child Labor and Minimum Age for Employment.--The 
Labor Code largely prohibits children under 18 from working; however, 
there are circumstances under which children between the ages of 15 to 
18 can work, and there are even exceptional exemptions for children 
under 15. The minimum age did not apply to family-owned businesses, and 
many children worked in the agricultural sector. In practice, 
enforcement of the Labor Code outside of Dili was limited.

    e. Acceptable Conditions of Work.--The Labor Code does not 
stipulate a minimum wage; however, employers generally used and 
employees expected a wage of $85 per month as a minimum standard. This 
amount provided a decent standard of living for a worker and family. 
The Labor Code provides for a maximum workweek of 40 hours per week and 
standard benefits such as overtime, minimum standards of worker health 
and safety, and days off. As required by the Labor Code, the Government 
nominated members to the National Labor Board and the Labor Relations 
Board. These boards received several weeks of training and began work 
early in the year. There are no restrictions on the rights of workers 
to file complaints and seek redress within these codes or other 
legislation. Workers have the right to remove themselves from hazardous 
conditions without jeopardizing employment; however, it was not clear 
that they could avail themselves of this right in practice. The law 
treats all workers, legal and illegal, the same in terms of wages and 
working conditions.

                               __________

                                  FIJI

    Fiji is a constitutional republic with an elected President, Prime 
Minister, and Parliament. Ethnicity remained a dominant factor in the 
country's politics, economy, and society. Following an attempted coup 
d'etat in 2000 that resulted in the overthrow of the lawfully elected 
government, free and fair elections were held in 2001, and the 
political situation improved. A dispute between the ruling party and 
the opposition over the composition of the Cabinet was settled in 
November when both sides agreed not to pursue the issue further. The 
Vice President, a government minister, and the Deputy Speaker of 
Parliament were sentenced to periods of imprisonment ranging from 1 to 
6 years for their participation in a coup attempt in May 2000. The 
Constitution provides for an independent judiciary; however, the 
judiciary at times has been subject to political pressure.
    National security is monitored and acted upon by the National 
Security Council (NSC), which is composed of the Prime Minister; the 
Ministers of Home Affairs, Foreign Affairs, and Attorney General; the 
Commissioner of Police; and the Commander of the Republic of Fiji 
Military Forces (RFMF). During the year, the civilian authorities 
generally maintained effective control of the unarmed civilian police 
force and the RFMF. There were occasional complaints of human rights 
abuses by the police. Most, if not all, were investigated, and 
individual members of the police have been charged and tried. There 
were no reports the RFMF committed human rights abuses.
    The population of approximately 845,000 is multiracial and 
multicultural. Indigenous Fijians make up 51 percent; Indo Fijians 
(descendents of immigrants from the Indian subcontinent) 42 percent; 
and Asians, Caucasians, and other Pacific Islanders make up the rest. 
Indo Fijian families dominated the business sector and enjoyed higher 
average incomes; however, indigenous Fijians were the majority in 
government ministries and made up the vast majority of members of the 
armed forces. Sugar and tourism accounted for more than half of foreign 
exchange earnings. The inefficient sugar industry was hampered by 
industrial disputes and an outmoded infrastructure; however, tourism 
grew strongly during the year. Foreign investment, depressed in recent 
years, showed signs of recovery. Skilled workers and professionals 
continued to emigrate in large numbers.
    The Government generally respected the human rights of its 
citizens; however, there were serious problems in some areas. The 
Constitution establishes an ethnically based electoral system, and 
government policies on hiring, education, and land tenure provide 
protection for indigenous Fijian interests. The ethnic divide between 
the governing indigenous Fijian-based Duavata ni Lewenivanua (SDL) and 
the Indo-Fijian-based Fiji Labor Party (FLP) remained a recognized 
obstacle to long-term political stability, and ethnic discrimination 
remained a serious problem. On several occasions, Members of Parliament 
(M.P.s) made racist remarks about Indo-Fijians. Evictions of Indo 
Fijian tenant farmers by indigenous Fijian landowners continued to 
occur. Occasional police abuse of detainees and suspects occurred. 
Other human rights problems included restrictions on freedom of 
assembly, violence and discrimination against women, and some instances 
of abuse of children. A proposal to replace the country's industry 
constituted Media Council with a government-controlled organization 
continued to raise concern.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Arbitrary or Unlawful Deprivation of Life.--There were no 
reports of the arbitrary or unlawful deprivation of life committed by 
the Government or its agents.

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

    c. Torture and other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The Constitution prohibits such practices; however, there 
were some reports of abuses by police. The number of cases of police 
abuse significantly declined compared to previous years. Reported 
incidents of beatings and other abuse of apprehended persons and 
prisoners were investigated and, when appropriate, offending officers 
were prosecuted and jailed. All such cases appeared to be isolated 
incidents, not condoned by supervisory officers.
    The Police Department's Internal Affairs Unit is required to 
investigate complaints of police brutality. The law permits corporal 
punishment as a penalty for criminal acts, but no cases were reported. 
In response to public concern regarding police brutality, the Human 
Rights Commission (HRC) conducted training courses for police field 
investigators, sergeants, and prison officers.
    Prison conditions did not meet international standards. The prison 
system was seriously underfunded, with deteriorating infrastructure and 
poor delivery of essential services, including food and sanitation. 
Courts released prisoners on bail to minimize their exposure to an 
environment described as ``overcrowded, unsanitary, degrading, and 
inhumane'' by a sitting judge who, in response to prisoner complaints, 
made a surprise visit to the Suva prison. Human rights organizations 
have received credible reports of prisoner abuse by guards; however, 
there were no indications that abuse was officially condoned. Men and 
women were held separately, juveniles were held separately from adults, 
and pretrial detainees were separated from convicted prisoners.
    During the year, the International Committee for the Red Cross 
(ICRC) was given access to all prisoners. Family members also were 
permitted to visit prisoners.

    d. Arbitrary Arrest or Detention.--The Constitution prohibits 
arbitrary arrest and detention, and the Government generally observed 
these prohibitions.
    The Government continued a program initiated in 2003 to improve the 
police force and address the problem of corruption. Allegations of 
corruption, once rampant in the police force, were investigated, and 
charges and prison sentences have resulted. Some officers were removed 
from the force.
    The law provides that a person may be arrested only if police 
believe a law has been broken or is about to be broken. Arrested 
persons must be brought before a court without ``undue delay.'' This 
requirement normally was interpreted to mean within 24 hours, with 48 
hours as the exception. Detainees have the right to a judicial review 
of the grounds for their arrest; however, allegations of incommunicado 
and arbitrary detention continued to occur on occasion.

    e. Denial of Fair Public Trial.--The Constitution provides for an 
independent judiciary; however, the judiciary at times has been subject 
to political pressure.
    The country's judicial structure is patterned on the British 
system. The principal courts are the magistrate courts, the High Court, 
the Court of Appeal, and the Supreme Court. Eight of nine Supreme Court 
justices are expatriate judges, who often were used in key cases at 
lower levels. Except for the Family Court, there are no special courts. 
Military courts try members of the armed forces. Magistrate courts try 
the large majority of cases. In addition to its jurisdiction in serious 
civil and criminal cases, the High Court is granted special-interest 
jurisdiction on behalf of the public and is empowered to review alleged 
violations of individual rights.
    Defendants have the right to a public trial and to counsel. Trials 
in the High Court provide for the presence of assessors (citizens 
randomly selected to represent the community); cases in magistrate 
courts do not. Many rape and sexual assault cases were heard in the 
magistrate courts; since magistrates are not authorized to impose 
sentences longer than 5 years in prison, this resulted in light 
sentences in most domestic or family law cases. The Legal Aid 
Commission provided counsel to some indigent defendants, a service 
supplemented by voluntary services from private attorneys. The right of 
appeal exists but often was hampered by delays in the process. Bail was 
granted freely. The courts had a significant backlog of cases, and 
processing was slowed by, among other things, a shortage of 
prosecutors. Some defendants faced lengthy pretrial detention.
    The law sometimes treated women differently from men. In some 
instances, there was a presumption of reduced competence and thus 
reduced responsibility for women. For example, only women can be 
charged with infanticide; if a man kills an infant, the act is treated 
as murder, a more serious charge. A female defendant in an infanticide 
case was presumed to have diminished mental capacity, and sentences 
were reduced or suspended accordingly.
    There were no reports of political prisoners.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The Government generally respected the privacy of the 
home. The Ministry of Home Affairs, Immigration, and National Disaster 
Management, responsible for national defense, security, and law 
enforcement, used its broad investigative and enforcement powers to 
maintain selective surveillance and the almost constant employment of 
police checkpoints at random locations on roads throughout the country.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The Constitution provides for 
freedom of speech and of the press, although the Public Order Act and 
other laws prohibit actions that incite racial antagonism, and the 
Government generally respected these rights in practice.
    The Media Council's Complaints Committee, a private watchdog group 
of media and academic figures, accepted complaints related to the media 
and published its findings during the year. Most of the complaints 
cited inappropriate media activity, including invasions of privacy; 
there were no complaints regarding government pressure on, or 
interference with, the media.
    In 2003, the Government proposed changes to the Media Council that 
would replace the current body with a government constituted council. 
Public reaction was strongly negative. At the end of the year, the 
Government's plans remained on hold but had not been withdrawn.
    A variety of opinions, including criticism of the Government, were 
heard in all major media outlets. Political figures and private 
citizens spoke out regarding the country's political situation and 
against the Government. Letters and editorials critical of the 
Government were published in the three English language dailies. The 
Government generally did not interfere in the daily operations of the 
media.
    Legislation pertaining to the press is contained in the Newspaper 
Registration Act and Press Correction Act. Under these acts, all 
newspapers must be registered with the Government before they can 
publish. The acts give the Minister of Information sole discretionary 
power to order a newspaper to publish a ``correcting statement'' if, in 
the minister's view, a false or distorted article was published. A 
newspaper refusing to publish the minister's correction can be sued in 
court and, if found guilty, fined. Individuals in such cases can be 
fined, imprisoned for 6 months, or both. These acts authorize the 
Government to arrest any person who publishes ``malicious'' material. 
This would include anything the Government considered false that could 
create or foster public alarm or result in ``detriment'' to the public. 
However, this authority has never been used.
    The country's television news production was owned and operated by 
Fiji One, one of only two national noncable television stations. A 
trust operating on behalf of the provincial governments owned 51 
percent of Fiji One; private individuals and interests owned the other 
49 percent. The Government owned the Fiji Broadcasting Corporation, 
which operated four radio stations. There were several thriving 
independent radio stations broadcasting in English, Fijian, and Hindi.
    The Television Act permits the Government to influence programming 
content. There was no attempt to use the programming authority during 
the year.
    In the past, government holdings in Fiji TV One, the Fiji Post, and 
the Fiji Sun raised questions regarding the independence of the press. 
However, these and other media outlets frequently criticized the 
Government. Muted criticism of the traditional chiefly system has also 
appeared.
    The Fiji News Council worked to improve journalistic standards, 
safeguard media independence, and resolve complaints from the public. 
The Fiji Islands Media Association, an affiliate of the Pacific Islands 
News Association, also provided training opportunities for journalists 
and implemented a media code of ethics.
    The Government did not restrict Internet access.
    Academic freedom was generally respected; however, government work 
permit stipulations and University of the South Pacific contract 
regulations effectively deterred most university employees from 
participating in domestic politics. Many academics wrote for the media 
and included disclaimers in their work to preclude contract or work 
permit problems.

    b. Freedom of Peaceful Assembly and Association.--The Constitution 
provides for the right to assemble for political purposes, subject to 
restrictions in the interest of public order. Although civic 
organizations frequently were granted permits to assemble, political 
demonstrations and marches generally were denied permits.
    The Constitution provides for freedom of association, and the 
Government generally respected this provision in practice. Opposition 
parties operated without government interference and issued public 
statements freely.

    c. Freedom of Religion.--The Constitution provides for freedom of 
religion, and the Government generally respected this right in 
practice. Religious groups were not required to register. The 
Government did not restrict foreign clergy and missionary activity or 
other typical religious activities. Religious differences are largely 
along ethnic lines; most ethnic Fijians are Christians, and most Indo 
Fijians are Hindu, with a sizable minority of Muslims. The Government 
protected the rights of all religious groups. The major holidays of 
Christianity, Hinduism, and Islam were celebrated nationally.
    The role of religion was tied closely to existing racial 
antagonisms and continued to be a political problem. Prominent figures 
in the Methodist Church and allied political parties continued to 
advocate the establishment of a Christian state. This position received 
public support from several M.P.s. The Church has displayed strong 
nationalist sympathies.
    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, the Government has broad powers to limit freedom of 
movement in the interest of national security. Unlike in previous 
years, access to Nukulau Island, site of a maximum security detention 
center for persons charged with treason, was granted to family members, 
the clergy, and ICRC representatives.
    The Constitution prohibits forced exile, and the Government did not 
practice it.
    The law includes provisions for providing refugee and asylum status 
in accordance with the 1951 U.N. Convention Relating to the Status of 
Refugees or its 1967 Protocol. The Government cooperated with the 
office of the U.N. High Commissioner for Refugees and other 
humanitarian organizations in assisting refugees.
    In practice, the Government provided protection against 
refoulement, the forced return of persons to a country where they 
feared persecution. The Government granted refugee status or asylum. 
However, in the past, the Government has been reluctant to grant 
temporary protection without assurances that the asylum seeker would be 
moved to a third country.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The Constitution provides citizens with the right to change their 
government peacefully, and citizens exercised this right in practice 
through periodic, free, and fair elections held on the basis of 
universal suffrage. The 1997 constitutional amendments reduce some of 
the ethnically based factors that abridged the right of citizens to 
change their government. Under the amended Constitution, the Prime 
Minister and the President may be of any race. The amendments establish 
a 71 member lower house with 25 seats open to any ethnicity and 46 
seats allocated to different ethnic communities. The unprecedented open 
seats are apportioned into districts of approximately equal population. 
Of the 46 communal seats, 23 are allotted to indigenous Fijians, 19 to 
Indo Fijians, 3 to ``general voters'' (for the most part mixed race, 
Caucasian, and East Asian voters), and 1 to Rotumans (an ethnically 
distinct Polynesian group). These allotments were generally 
proportional to the ethnic composition of the country's population. The 
amendments also establish an alternate voting system for elections to 
the lower house to replace the first past the post system of the 
previous constitution. The Senate remains an appointed body with 32 
members, of which the President approves 14 members nominated by the 
Great Council of Chiefs, 9 nominated by the Prime Minister, 8 nominated 
by the opposition leader, and 1 nominated by the Council of Rotuma. 
Several persons prominently and publicly involved in the 2000 coup were 
named to the Senate by the Prime Minister.
    On November 26, Prime Minister Laisenia Qarase of the ruling SDL 
party, and Mahendra Chaudhry, leader of the opposition FLP, agreed not 
to pursue further the dispute over the composition of the Cabinet. The 
disagreement began when the Qarase Government excluded Chaudhry's FLP 
from the new Cabinet after the 2001 elections, although according to 
the Constitution, the FLP had received enough votes to be offered 
positions in the Cabinet. Chaudhry took legal action against Qarase; 
the Supreme Court affirmed the constitutional provision and instructed 
the Prime Minister to offer cabinet seats to Chaudhry's party. 
Subsequent negotiations between the two sides regarding cabinet 
portfolios had proved unsuccessful until the November agreement.
    Indo-Fijians, who account for 42 percent of the population, 
continued to be egregiously underrepresented at all levels in the 
Government, from the Senate to the lowest ranking police constable or 
soldier. These inequities are to some extent enshrined in the 
Constitution, which mandates that 14 of Parliament's 32 Senators be 
appointed by the Fijian Great Council of Chiefs and 1 by the Rotuma 
Council. Therefore, the support of only two additional Senators is 
needed to give indigenous Fijians effective control in the Senate.
    There were continued calls for action against persons implicated 
but not charged in the May 2000 coup attempt, a November 2000 mutiny, 
and a separate, abortive mutiny conspiracy in December 2000. Several 
conspirators were tried and sentenced during the year. On August 5, the 
Vice President, a government minister, and the Deputy Speaker of 
Parliament were sentenced to periods of imprisonment ranging from 1 to 
6 years for their participation in a coup attempt in May 2000. On 
December 15, a court-martial convicted the final group of military 
suspects charged in the coup attempt and sentenced them to periods 
ranging from 3 to 8 years in prison.
    Allegations of nonaccountability, corrupt travel, financial 
mismanagement, and conflicts of interest regarding officials and 
ministries continued to be raised by the media. Several cases of 
improper bidding and supply were under investigation in the Ministry of 
Works and Energy, and officials there and in other ministries were 
relieved of duty because of allegations of impropriety.
    In some ministries, government transparency was virtually 
nonexistent. The Constitution gives the Auditor General (AG) rights of 
access to audit all government bodies, whether national or local. 
However, early in the year the AG complained to Parliament that 
``verbal and written requests in the past 2 years'' for information 
from ministries and departments of government ``have been greatly 
unsuccessful'' and met with resistance by the heads of the units 
concerned.
    The country's 71 seat House of Representatives included 1 appointed 
and 5 elected female M.P.s, while the 32 member Senate included 2 
women. After the 2001 election, four ethnic Fijian women were appointed 
to the Cabinet (two as ministers and two as assistant ministers). Women 
also played important roles in the chiefly system and could be chiefs 
in their own right.
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.
    The HRC appeared to be impartial and independent, and it continued 
to receive and investigate requests for assistance, some involving 
alleged abuses by the military, police, and prison officials. HRC work 
was hampered by Constitutional Redress Rules, which stipulate that 
human rights cases must be filed in the High Court within 30 days of a 
complaint.
    There were also several small, foreign based organizations that 
concentrated on local human rights causes, including the Coalition for 
Democracy in Fiji (with offices in New Zealand and Australia) and two 
United Kingdom based groups, the International Fiji Movement and the 
Movement for Democracy in Fiji. There was little interaction between 
the Government and these groups.
    The ICRC continued to operate an office in the country.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The Constitution prohibits discrimination based on race, sex, place 
of origin, political opinion, color, or creed. It also provides 
specific affirmative action provisions for those disadvantaged as a 
result of such discrimination. A compact included in the Constitution 
specifically provides for affirmative action and ``social justice'' 
programs to secure effective equality of access to opportunities, 
amenities, and services for ethnic Fijians and Rotumans and for all 
disadvantaged citizens and groups. The Constitution cites the 
``paramountcy'' of Fijian interests as a guiding principle for the 
protection of the rights of indigenous citizens. The Government 
generally enforced these constitutional provisions effectively, 
although there were problems in some areas.

    Women.--Domestic abuse, rape, and incest were major problems. 
Reliable estimates indicated that 10 percent of women had been abused 
in some way. An active women's rights movement addressed the problem of 
domestic violence. Police have adopted a ``no drop'' rule, under which 
they prosecute cases of domestic violence even when the victim does not 
wish to press charges. Nonetheless, cases of domestic abuse and incest 
often were dismissed by courts or received minimal sentences. The 
traditional practice of reconciliation between the aggrieved parties 
sometimes was taken into account to mitigate sentences in domestic 
violence cases, particularly in cases of incest.
    The women's rights movement pressed for serious punishment for 
rape. Sentences varied widely. Women's groups continued to urge that 
all rape cases be heard in the High Court, where lengthier sentences 
are available. However, the law accords an accused rapist the right to 
choose between the High Court and magistrates' courts. Since there have 
been no effective prosecutions for marital rape, women's activists 
continued to press for inclusion of marital rape in a new Domestic 
Violence Bill on which public hearings were held in November by the 
Attorney General's office.
    Prostitution is illegal, although it can be found, particularly in 
Suva. The law prohibits sex tourism as well as sexual harassment; 
neither was considered to be a significant problem.
    Suva, Ba, Labasa, and Lautoka have women's crisis centers funded by 
foreign governments. The centers offered counseling and assistance to 
women in cases of domestic violence, rape, and other problems, such as 
child support. The NGO Femlink Pacific distributed information at the 
grassroots level and encouraged community based dialogue. The Ministry 
of Women provided a Gender Awareness Program to educate soldiers and 
police officers about women's concerns.
    Under the Constitution, male and female citizens enjoy equal rights 
in regard to the granting of residence for spouses, and with regard to 
the registration and racial designation of children for purposes of 
enrollment on electoral rolls and entitlement to ethnic, communal 
property rights. The 2003 Family Law established ``no fault'' divorce.
    Women had full rights, in law and practice, of property ownership 
and inheritance, and a number were successful entrepreneurs. Other than 
a prohibition on working in mines, there were no legal limitations on 
the employment of women. Women generally were paid less than men for 
similar work.

    Children.--The Government devoted 19 percent of the national budget 
to education and also worked to improve children's health and welfare. 
School is mandatory until age 15. The inability of some families to pay 
school fees and bus fare limited attendance for some children.
    The Government provided free medical care for children at public 
health centers and hospitals. Government nurses provided free 
immunizations for children in primary schools.
    Societal changes have undermined traditional village and extended 
family based structures. Outgrowths of these changes have included 
increased child abuse and a number of homeless youths in urban areas. 
Some youths found employment in the informal sector. Children worked on 
the streets, in homes as domestics, and in auto repair shops. Homeless 
children often were seen on the street working as shoeshine boys or 
involved in prostitution. Child prostitution, along with prostitution 
in general, appeared to increase during the year and affected both the 
ethnic Fijian and Indo Fijian communities.
    Children's testimony was largely inadmissible in courts unless 
corroborated by an adult.
    The 2003 Family Law established that illegitimate children have the 
same rights as legitimate children.

    Trafficking in Persons.--There are no laws that specifically 
address trafficking in persons, although laws against procuring a woman 
to become a prostitute, kidnapping, and bonded and forced labor could 
be used to prosecute traffickers. There were no substantiated reports 
of trafficking in persons to, from, or within the country during the 
year.
    There was an increase during the year in persons arriving in or 
transiting the country with altered or falsified travel documents. The 
police believed that an organized Asian criminal network in the country 
coordinated these and other illegal movements of persons. However, most 
appeared to be economic migrants rather than victims of trafficking.
    Child prostitution also was a problem, affecting both the ethnic 
Fijian and Indo Fijian communities (see Section 5, Children).
    The Government did not sponsor or provide assistance to any 
programs to combat or prevent trafficking in persons.

    Persons With Disabilities.--The Constitution provides for equality 
before the law of all persons, including persons with disabilities, and 
discrimination against the physically disabled in employment, 
education, and the provision of state services is illegal. However, 
there was no legislation or mandated provision for accessibility for 
persons with disabilities, and there was little or no enforcement of 
laws protecting persons with disabilities.
    The Fiji National Council for Disabled Persons worked to protect 
the rights of persons with disabilities. Several voluntary 
organizations also promoted attention to the needs of persons with 
disabilities.
    Persons with mental disabilities largely were separated from 
society and normally were supported at home by their families. There 
were a few special schools for persons with mental disabilities; 
however, their costs limited access.

    National/Racial/Ethnic Minorities.--Tension between ethnic Fijians 
and Indo Fijians has been a longstanding problem. While the 
Constitution notes that ``the composition of state services at all 
levels must be based on the principle of reflecting as closely as 
possible the ethnic composition of the population,'' it also specifies 
the ``paramountcy of Fijian interests'' as a protective principle (see 
Section 3).
    Senators appointed by the Prime Minister made numerous racial slurs 
directed against Indo Fijians. During the year, the SDL Government 
worked to ensure the political supremacy of ethnic Fijians. The 
majority of valid complaints to the HRC dealt with racial and ethnic 
equality problems.
    Land tenure remained a highly sensitive problem. Ethnic Fijians 
communally hold more than 80 percent of arable land, the Government 
holds another 8 percent, and the remaining is freehold. Ethnic Fijians' 
traditional beliefs, cultural values, and self identity are tied to the 
land. Most cash crop farmers were Indo Fijians, leasing land from 
ethnic Fijian landowners through the Native Land Trust Board. Many Indo 
Fijians, particularly farmers, believed that the absence of secure land 
tenure discriminated against them. Many traditional, communal 
indigenous Fijian landowners, in turn, felt that the rental formulas 
included in the Agricultural Land Tenure Agreement (ALTA) discriminated 
against them. Racial tensions and grievances over low rents for 
agricultural lands resulted in several alleged illegal evictions of 
Indo Fijians and reoccupations of land by native Fijian landowners. 
There also were reports of Fijian landowners extorting higher rents 
from their Indo Fijian tenants. Almost none of these violations were 
prosecuted.
    The Government has pressed strongly for changes in the existing 
ALTA to accommodate landowner concerns; however, Parliament took no 
action on the matter during the year.
    The minority Chinese community continued to grow dramatically, 
primarily through illegal immigration. There was a steep rise in 
illegal activities, including murder, allegedly connected to Chinese 
organized crime. A special police unit, the Asian Crime Unit, 
investigated criminal activity within the ethnic Chinese community.
Section 6. Worker Rights
    a. The Right of Association.--The law protects the right of workers 
to form and join unions, elect their own representatives, publicize 
their views on labor matters, and determine their own policies, and the 
authorities respected these rights in practice. However, the law 
permits restrictions to these rights in the interests of defense, 
public safety, public order, public morality, or public health, or to 
protect the rights and freedoms of other persons. An estimated 36 
percent of the work force was unionized.
    All unions must register with, but are not controlled by, the 
Government. The major central labor body was the Fiji Trades Union 
Congress (FTUC), which in the past was associated closely with the 
opposition FLP; other unions operated under its auspices. In recent 
years, the FTUC has adopted a more independent political stance. The 
country's other important union grouping was the Fiji Island Council of 
Trade Unions. While certain unions were ethnically based, both Indo 
Fijians and ethnic Fijians held leadership roles in the trade union 
movement.
    The Employment Act makes it an offence for an employer to victimize 
any worker or make it a condition of employment for a worker not to 
belong to a union. Numerous cases of victimization of workers who 
expressed an inclination to join a union were reported to the Ministry 
of Labor. However the ministry did not protect workers effectively from 
anti-union discrimination, and no employer was prosecuted.

    b. The Right to Organize and Bargain Collectively.--Workers have 
the right to organize and bargain collectively. Employers are required 
to recognize a union if more than half of the employees in a workplace 
have signed membership cards; no ballots are held to determine 
representation. The Government has the power to order recalcitrant 
employers to recognize unions, and it has done so. Traditional key 
sectors of the economy, including sugar and tourism, were heavily 
unionized; however, although the law encouraged unionization, union 
organizers' jobs were not protected, resulting in low unionization in, 
for example, the country's garment factories. Employers reserved the 
right to fire union organizers, and some workers were afraid to 
unionize. Wage negotiations generally were conducted at individual 
companies rather than on an industry wide basis.
    Strikes are legal, except in connection with union recognition 
disputes, and trade unions can conduct secret strike ballots without 
government supervision. To carry out a legal strike, organizers must 
give an employer 28 days' notification. The Ministry of Labor also must 
be notified of the dispute and receive a list of all striking employees 
and the starting date and location of the strike. This requirement is 
intended to give organizers, unions, employers, and the ministry time 
to resolve the dispute prior to a strike. Most disputes, including 
those in which strike action was deemed illegal, were settled by 
referral to a Permanent Arbitrator.
    Union officials operated without interference during the year. 
Organizers were more vulnerable, particularly when operating on company 
premises, although in theory they have legal protection. Intimidation 
of workers often made organizing difficult.
    Export processing zones (EPZs) are subject to the same laws as the 
rest of the country. However, the FTUC has been unsuccessful in 
obtaining collective bargaining agreements in EPZs and claimed that 
intimidation of workers by employers was widespread. The FTUC argued 
that because of illegal and intimidating practices, including threats 
of loss of work for those active in organizing workers, unions were 
effectively prevented from representing workers in the EPZs.

    c. Prohibition of Forced or Compulsory Labor.--The Constitution 
specifically prohibits forced or compulsory labor, including by 
children, and there were no confirmed reports that such practices 
occurred. However, media reports and NGOs alleged that work conditions 
in some garment factories might include forced or bonded labor and 
excessive work hours.

    d. Prohibition of Child Labor and Minimum Age for Employment.--The 
legal system was inadequate to protect the rights of children. The 
Government has adopted some laws to protect children from exploitation 
in the workplace, but enforcement was lax. Children under the age of 12 
may not be employed in any capacity. Children under age 15 may be 
employed only outside of school hours in family enterprises and not in 
the industrial sector. Persons between the ages of 15 and 17 may be 
employed in certain occupations not involving heavy machinery; however, 
they must be given specified hours and rest breaks. In practice, the 
Ministry of Labor had few or no resources to investigate reports of 
child labor or to charge offending employers. There were only two 
inspectors at the Ministry of Labor who conducted regular annual 
workplace inspections, and there were no investigators to follow up 
reports of violations. During the year, migration of rural youth to 
urban areas continued, and youths continued to find employment in the 
informal sector, including work as shoeshine boys, casual laborers, and 
in prostitution.
    The laws and regulations concerning child labor are inadequate, and 
the infrastructure for implementing them was lacking. There were no 
adequate enforcement remedies and no comprehensive policy to eliminate 
the worst forms of child labor.

    e. Acceptable Conditions of Work.--There was neither a national 
minimum wage nor a limit on maximum hours for working. Certain sectors 
had minimum wages set by the Ministry of Labor. Minimum wage levels 
provided a sparse but adequate standard of living for a worker and 
family in all sectors other than the garment industry, where no minimum 
wage applied. There were no regulations on maximum hours of work for 
adult males. Other than a prohibition from working in mines, there were 
no limitations on female employment. Workers in some industries, 
notably transportation and shipping, worked excessive hours. Factory 
housing for garment workers was overcrowded.
    There are workplace safety regulations, a Worker's Compensation 
Act, and an accident compensation plan. However, government enforcement 
of safety standards suffered from a lack of trained personnel and lags 
in compensation hearings and rulings. Unions generally monitored safety 
standards in organized workplaces; however, many work areas did not 
meet standards and were not monitored by the Ministry of Labor for 
compliance. The law accords employees the right to remove themselves 
from a hazardous work site without jeopardizing their employment, but 
most feared the loss of their jobs if they did so.
    There were a growing number of nonunionized and sometimes illegal 
immigrant workers (predominantly ethnic Chinese), particularly in the 
garment sector.

                               __________

                               INDONESIA

    Indonesia is a republic with a presidential system and three 
branches of government. The President is head of state and serves a 5-
year term for a maximum of two terms. On October 20, Susilo Bambang 
Yudhoyono, the country's first popularly elected president, was 
inaugurated after defeating incumbent President Megawati Soekarnoputri. 
The People's Consultative Assembly (MPR), which convenes once a year, 
has the power to amend the Constitution. Routine legislative affairs, 
including enacting legislation, are the responsibility of the House of 
Representatives (DPR). During the year, the Government made further 
progress in its transition from 3 decades of repressive and 
authoritarian rule to a more pluralistic and representative democracy. 
The country held successful legislative elections and free, fair, and 
peaceful direct presidential elections. Previously, the legislature 
chose the president. The Government further reduced the formal 
political role of the police and military, who relinquished their 
appointed seats in the DPR in October, when the new legislature was 
sworn in. The Constitution provides for an independent judiciary; 
however, in practice, the courts remained subject to outside 
influences, including the executive branch.
    The Indonesian Armed Forces (TNI) formally have responsibility for 
external defense, and the Indonesian National Police for internal 
security; however, in practice, the division of responsibilities 
remained unclear. They are known collectively as the security forces. 
The military played a role in internal security matters, particularly 
in conflict areas such as Aceh, the Moluccas, Central Sulawesi, and 
Papua (formerly known as Irian Jaya). There was considerable friction 
between the police and the TNI, but joint operations were common in 
conflict areas. A civilian defense minister oversees the military but 
in practice exercised only limited control over TNI policy and 
operations. The military and the police continued to wield significant 
political influence as well as economic power through businesses 
operated by security force members, their proxies, and foundations. The 
security forces showed greater willingness to hold accountable human 
rights violators within their ranks; during the year, hundreds of 
soldiers were court-martialed, and dozens of police officers were 
dismissed or otherwise disciplined. However, most such disciplinary 
actions involved low-level officers and sometimes mid-level officers 
who committed lesser crimes, such as beatings, and in some cases 
punishments did not match the crime. Members of the security forces 
continued to commit numerous serious human rights violations, 
particularly in areas of separatist conflict.
    During the year, the economy, which increasingly was market driven, 
grew by an estimated 4.8 percent; however, this failed to reduce 
unemployment or absorb the estimated 2.5 million new job seekers 
entering the market every year. The population was approximately 238 
million. The poverty rate fell from 27 percent in 1999 to 16 percent in 
2002; however, it increased slightly to an estimated 17.5 percent 
during the year. The estimated per capita income was $867. Consumer 
demand was the leading force driving economic growth. At year's end, 
the northern Sumatra region was struck by an earthquake and a resultant 
tsunami, which together left some 240,000 persons dead and missing in 
Aceh and North Sumatra Provinces and caused extensive destruction of 
infrastructure in Aceh Province.
    The Government's human rights record remained poor; although there 
were improvements in a few areas, serious problems remained. Government 
agents continued to commit abuses, the most serious of which took place 
in areas of separatist conflict. Security force members murdered, 
tortured, raped, beat, and arbitrarily detained civilians and members 
of separatist movements, especially in Aceh and to a lesser extent in 
Papua. Some police officers occasionally used excessive and sometimes 
deadly force in arresting suspects and in attempting to obtain 
information or a confession. Retired and active duty military officers 
known to have committed serious human rights violations occupied or 
were promoted to senior positions in the Government and the TNI. Prison 
conditions remained harsh. The judicial system was corrupt, which 
contributed to the failure to provide redress to victims of human 
rights violations or hold perpetrators accountable. Security force 
violators sometimes used intimidation and bribery to avoid justice. 
Land disputes generated numerous human rights abuses. These frequently 
involved forced evictions, some accomplished with lethal force. As in 
previous years, the Government jailed some peaceful antigovernment 
protestors for ``insulting the President'' or ``spreading hatred 
against the Government.'' Politicians and tycoons showed greater 
willingness to take legal action against news organizations whose 
reporting they found insulting or offensive, and this trend had a 
chilling effect on some investigative reporting. Members of the 
security forces and other groups sometimes limited freedom of 
expression by intimidating or attacking journalists whose articles they 
found objectionable. The Government restricted the foreign press from 
traveling to conflict areas in Aceh, Papua, Sulawesi, and Maluku. 
Authorities occasionally tolerated discrimination against and abuse of 
religious groups by private actors. The Government at times restricted 
the activities of nongovernmental organizations (NGOs), particularly in 
Aceh and Papua. Women were victims of violence and discrimination. 
Female genital mutilation (FGM) occurred in some parts of the country, 
although the type practiced was largely symbolic in nature. Child 
sexual abuse and violence against children remained serious problems. 
Trafficking in persons was a serious problem. Discrimination against 
persons with disabilities and mistreatment of indigenous people were 
problems. The Government allowed new trade unions to form and operate, 
but it frequently failed to enforce labor standards or address 
violations of worker rights. Forced child labor remained a serious 
problem.
    Terrorists, civilians, and armed separatist groups also committed 
serious human rights abuses.
    The country made substantial progress in strengthening its 
democracy. There was a series of three national elections, in which 
voter turnout was notably high and the transition from defeated 
incumbent to newly elected President peaceful. The military and the 
police lost their nonelected seats in Parliament. The Government passed 
the Domestic Violence Act, which criminalizes domestic violence, and 
took steps to address trafficking in persons, including prosecuting 
traffickers and beginning to strengthen antitrafficking laws. The 
Government issued a decree authorizing the establishment of a 40-member 
Papuan People's Council. The Government also took serious legal 
measures to bring terrorists to justice.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Arbitrary or Unlawful Deprivation of Life.--Security forces 
continued to commit unlawful killing of rebels, suspected rebels, and 
civilians in areas of separatist activity, where most politically 
motivated extrajudicial killings also occurred. There was evidence that 
the TNI considered anyone its forces killed in conflict areas to have 
been an armed rebel. Security forces also committed nonpolitical 
extrajudicial killings. The Government largely failed to hold soldiers 
and police accountable for such killings and other serious human rights 
abuses in Aceh.
    The TNI tried, jailed, and discharged some soldiers for rape, 
robbery, and torture; however, no security force members were 
prosecuted for unlawful killings in Aceh (see Section 1.d.).
    In Aceh, military and police personnel committed extrajudicial 
killings and used excessive force against noncombatants. The Government 
placed Aceh under martial law from May 19, 2003, until May 18, when the 
Government introduced a state of civil emergency. The Government 
extended the same extraordinary measures introduced during martial law 
to the civil emergency period, including severe restrictions on civil 
liberties, and created extraordinary powers for the security forces, 
which continued to operate with greatly reduced restrictions. During 
the civil emergency period, the TNI continued to use martial law 
authority to make arrests, a legal authority normally reserved for the 
police. The TNI media center in Lhokseumawe, Aceh, reported that the 
TNI killed 1,883 Free Aceh Movement (GAM) insurgents and arrested at 
least 1,529 and that 1,137 others surrendered to TNI between May 2003 
and November. At year's end, a disastrous tsunami struck the region 
resulting in a temporary cessation of hostilities declared unilaterally 
by both the TNI and GAM.
    Accurate, independent, and up-to-date information on the number of 
GAM insurgents and other persons killed in Aceh was difficult to 
obtain. According to a coalition of NGOs in Aceh, between January and 
October, at least 57 civilians, 251 GAM members, and 21 security 
personnel were killed. Martial law administrators limited information, 
restricted access for foreign journalists, and forbade contact with the 
GAM. Until the tsunami struck on December 26, the Government 
effectively prohibited foreign humanitarian aid workers, except for a 
limited number of U.N. workers, from entering the province. Data from 
different sources, even within the Government, often were 
contradictory. NGO sources frequently questioned casualty figures 
announced by security forces, and they claimed that the number of 
victims was much higher and that many of those killed were civilians. 
Security forces and rebels gave conflicting information on victims' 
identities, which made it difficult to determine the breakdown of 
civilian, rebel, and security force deaths. The press routinely was 
under pressure to report only official casualty figures, which may have 
underreported both civilian and security force casualties. Police 
rarely investigated extrajudicial killings and almost never publicized 
such investigations.
    Amnesty International (AI) reported that a farmer from Kuala 
Simpang subdistrict in East Aceh fled the country after two men in his 
village were killed by the military in a month. According to the 
farmer, the first person was killed by mistake because he shared the 
same name as a suspected GAM member, and the second person was captured 
and killed during a sweep for GAM members. Most killings were of young 
men suspected of being GAM members; however, there also were reports in 
the media of unlawful killings of women and children.
    The Government made no progress in establishing accountability in a 
number of extrajudicial killings in Aceh in 2003, including the June 16 
killing of Muzakkir Abdullah and the May killing of Muhammad 
Jamaluddin. There were no known developments in the May 2003 killing by 
TNI soldiers of 10 men in Cot Rebo village in Aceh. There also was no 
progress made in establishing accountability for extrajudicial killings 
in Aceh in 2002, including the June killings of two farmers on Kayee 
Ciret Mountain and the August killings of three women in the north Aceh 
village of Kandang.
    During the year, GAM members killed many soldiers, police, civil 
servants, and civilians. In many cases, the victims were killed for 
allegedly collaborating with the security forces, while in other cases, 
the motive appeared to be criminal. Although many Acehnese feared and 
resented the security forces, many also feared and were intimidated by 
the GAM because of its extortion and criminal activities and the severe 
hardships that the GAM's long-running insurgency has caused for the 
Acehnese. On February 5, TNI troops found the bodies of four civilians 
in the jungle near Peureulak, East Aceh. The four had died of gunshot 
wounds. The TNI believed they had been GAM hostages. On February 11, 
GAM rebel Junaidi allegedly shot and killed civilian Cut Musdaifah in 
Wakheuh village. According to witnesses, two gunmen forced Musdaifah to 
accompany them and shot her when she attempted to escape. On March 24, 
GAM rebels allegedly shot and killed local legislature candidate 
Muhammad Amin. The TNI believed the GAM was targeting civilians who 
supported the coming elections. Also on March 24, a group of armed men 
believed to have been GAM rebels shot and killed a paramedic in South 
Aceh; the TNI believed extortion was the motive for the attack.
    The Government reported limited progress in prosecuting those 
responsible for unlawful killings that might have been carried out by 
GAM members in previous years, including those of Zaini Sulaiman, 
Sukardi, Sulaiman Ahmad, Tengku Safwan Idris, and Nashiruddin Daud. A 
police investigation into the 2001 killing of Dayan Dawood, rector of 
Banda Aceh's Syiah Kuala University who was shot after offering to 
mediate between the GAM and the Government, led to the arrest and 
conviction of Mahyeddin bin M. Adan with a 17-year prison sentence.
    There were no known developments in the following cases in 2003 and 
previous years of unlawful killings that could not be clearly 
attributed to either the security forces or GAM rebels: The December 
2003 bombing that killed 9 persons at an outdoor concert in Peureulak; 
the July 2003 killing of former GAM member Cut Aca Budi; the July 2003 
killing of schoolteachers Muslim Sulaiman and his wife Darmawati; the 
May 2003 killing of local legislature member Jamaluddin Hasany; the 
mass graves discovered in 2003 in Nisam and Permata Districts; the 2002 
killings of 6 persons in the town of Lombaro Angan, Aceh Besar 
District; the 2002 killings of 2 high school girls in the village of 
Gumpueng Tiro, Pidie regency; and the 2001 massacre of 31 persons at a 
palm oil plantation in Idi Rayeuk, East Aceh.
    On September 7, prominent human rights activist Munir Said Thalib 
was found dead on a flight from Jakarta to the Netherlands. The Dutch 
Government announced that an autopsy report indicated the cause of 
death was arsenic poisoning. The incident was under investigation at 
year's end.
    In Central Sulawesi, political and economic tensions between 
approximately equal populations of Christians and Muslims continued to 
cause violence. A total of 22 persons died in communal violence, the 
same number as in 2003. Unlawful killings included a series of 
shootings by unidentified gunmen, continuing a trend that began in 
October 2003. On March 30, unidentified gunmen shot and killed Reverend 
Freddy Wuisan near Membuke Church in Poso. On May 30, unidentified 
gunmen shot and killed prosecutor Fery Silalahi, a Christian, in Palu 
after he and his family left a religious service. Silalahi was the lead 
prosecutor in the ongoing trial of three accused Bali bombing 
accomplices. The fact that assailants shot only Silalahi, leaving his 
wife and children unharmed, gave the impression of an assassination. On 
July 18, two unidentified assailants shot and killed Reverend Susianti 
Tinulele in Palu. These incidents remained unsolved at year's end. 
During the year, 12 suspects were arrested for the October 2003 attack 
in Beteleme in which at least 14 persons were killed. The Palu District 
Court found 11 guilty and handed down prison sentences ranging from 3 
to 4 years; 1 suspect was acquitted for lack of evidence. Most 
residents reportedly were satisfied with results of the investigation 
and trials. There was no progress reported in police investigations of 
October 2003 attacks on mainly Christian villages, in which 10 persons 
were killed, or of the November 2003 killings of 2 men in the Poso 
coastal villages of Kilo Trans, home to ethnic Balinese migrants, and 2 
men in the Christian village of Marowo.
    In Maluku and North Maluku, unlawful killings increased from 2003 
when sectarian violence broke out on April 25 after a commemoration of 
the anniversary of the separatist Republic of South Maluku (RMS). In 
the violence that followed, at least 40 persons were killed and 
approximately 260 were injured. The following weeks were marred by 
sporadic violence and small bomb explosions that destroyed 
approximately 356 buildings, including a church and a mosque. By June, 
the government-brokered peace agreements between the two religious 
communities were restored.
    The Government reported little progress in establishing 
accountability in the following cases in Poso: The July 2003 explosion 
of a bomb in a cafe in the village of Sayo, which killed one person and 
injured five others; the June 2003 shooting of two men in the village 
of Kapompa; the 2002 bombing of a crowded passenger bus, which killed 
five persons; and numerous crimes committed in the province by former 
Laskar Jihad members.
    The Government made some progress during the year establishing 
accountability for violence and human rights abuses in the region in 
2003 and previous years. In February, Maluku prosecutors filed 
indictments against seven persons for the killing of two civilians 
during the 1999-2002 sectarian conflict in the region.
    In Papua Province, the Government continued to conduct operations 
against rebels of the Free Papua Movement (OPM), and OPM rebels 
continued their operations against military units. Also in Papua, the 
TNI and police continued their joint investigation of the 2002 ambush 
that killed 2 American citizens and 1 Indonesian and injured 12 other 
persons near a large gold and copper mine near the city of Timika. On 
June 16, a foreign court indicted OPM guerilla Anthonious Wamang in 
connection with the killings. At year's end, Wamang remained at large, 
and the investigation remained open.
    The Government made limited progress in establishing accountability 
for numerous human rights violations committed in Papua in previous 
years, including those committed in Biak, Abepura, Wasior, and Wamena. 
During the year, a human rights court in Makassar began proceedings 
against police implicated in abuses and killings of Papuans in a 2000 
incident in Abepura. The National Human Rights Commission (Komnas HAM), 
created and funded by the Government but not a government agency, 
completed its report on the 2001 Wasior incident, in which police 
allegedly killed 12 civilians following an attack on a police post that 
left 5 policemen dead, and the Wamena incident, in which dozens of 
residents of the Central Highlands area of Kuyowage allegedly were 
tortured by unknown parties during a military operation that followed 
the April 2003 break-in at the Wamena armory. The Commission found that 
soldiers and police had committed gross human rights violations, 
including murder, evictions, and torture. Komnas HAM categorized these 
violations as crimes against humanity and, on September 2, submitted 
its report to the Attorney General's Office (AGO) for possible 
prosecution (see Section 1.c.).
    Police frequently used deadly force to apprehend suspects or acted 
recklessly in pursuit of suspects, and these actions sometimes resulted 
in the deaths of civilians. In other cases, suspects in police custody 
died under suspicious circumstances. On July 31, in Poso, police shot 
and injured Bambang, a wrongly accused suspect in the July murder of 
Reverend Susianti Tinulele. Police alleged Bambang had tried to escape, 
but neighbors said he was shot for no reason. On August 29, in Sragen, 
Central Java, police shot and killed three suspects who they claimed 
tried to escape from police custody. On August 30, in Pekanbaru, police 
shot and killed criminal suspects Hermansyah and Ade Candra, allegedly 
because the two tried to escape when police demanded to know the hiding 
place of their partners.
    During the year, the Government made no significant progress 
establishing accountability for abuses from 2003, including the fatal 
burning by police of burglary suspect Arnoldus Adu in Rote, in East 
Nusa Tenggara Province, the beating death of an East Java resident by 
police in June, and the alleged suicide of Ihwanuddin, suspected member 
of the terrorist organization Jemaah Islamiya (JI).
    The Government made no significant progress during the year in 
prosecuting those responsible for the 1998 killing of four students at 
Trisakti University and nine demonstrators at Semanggi intersection, 
and the 1999 killing of an additional four demonstrators at Semanggi. 
Komnas HAM Chairman Abdul Hakim Garuda Nusantara asked the DPR to 
reverse its 2001 decision not to classify these cases as human rights 
violations, but at year's end, the DPR had not responded. In June 2003, 
the court-martial began of an enlisted man, one of three TNI soldiers 
indicted for reckless killing in connection with the 1999 Semanggi 
incident. The soldier was accused of shooting and killing student Yap 
Yun Hap without orders from his superior. Two other defendants, who 
were officers, were to be tried separately. At year's end, all of the 
cases were pending in the AGO, awaiting a decision from the DPR.
    During the year, bombs exploded in or near the cities of Jakarta, 
Ambon, Peureulak, and Poso, among others. On January 10, members of 
Sulawesi-based Laskar Jundullah, an extremist organization, bombed a 
cafe in Palopo, South Sulawesi, killing four persons. Police arrested 
at least eight suspects, including alleged mastermind Agung Abdul 
Hamid, whose trial started on October 28. On September 9, suspected JI 
members set off a powerful bomb in front of the Australian Embassy in 
Jakarta, killing 10 persons and injuring more than 150 others. By 
year's end, the Government had arrested at least 19 persons in 
connection with the attack, including the suspected mastermind Iwan 
Darmawan, also known as Rois.
    The Government made significant progress in prosecuting those 
responsible for bombings carried out in previous years. Authorities 
identified, apprehended, and successfully prosecuted many of those 
involved in the August 2003 bombing of the J.W. Marriott Hotel in 
Jakarta, which killed 12 persons, and the 2002 Bali bombings, which 
killed 202 persons. Those trials were scheduled to start in early 2005. 
In total, police investigators had arrested more than 130 JI-related 
suspects since 2002. By year's end, courts in Denpasar, Bali; Palu, 
Central Sulawesi; Lamongan, East Java; and Jakarta had convicted 
approximately 80 persons in connection with a series of terror attacks 
since 2001. Following the 2002 bombings in Makassar, South Sulawesi, 
the Makassar District Court convicted 18 suspects and acquitted 
another. In October, police captured Agung Abdul Hamid, the suspected 
mastermind behind the Makassar bombings and the January 10 South 
Sulawesi bombing.
    Mobs carried out vigilante justice on many occasions, but reliable 
statistics on its prevalence were not available. Incidents of theft or 
perceived theft triggered many such incidents. For example, on August 
16 in Bogor, West Java, a mob attacked and killed Ilham Kurniawan for 
stealing a motorcycle. On August 21 in Palembang, South Sumatra, a mob 
mistook a man named Junaedi for a thief and beat him to death. No 
official action was taken against those responsible for these killings.
    Police and soldiers clashed on a number of occasions during the 
year. On March 22, more than 100 TNI soldiers from Battalion 143 in 
South Lampung attacked a police post at Rajabasa bus terminal. The 
clash stemmed from a personal dispute, and regional military commander 
Major General Syahrial BP Peliung later apologized to police and 
promised to take disciplinary action against the soldiers involved. At 
the end of the year, four privates were under investigation for the 
incident. On November 25, TNI members killed one police officer and 
seriously injured three others when they attacked a police post in East 
Aceh over a dispute involving palm oil business interests. Twenty-five 
TNI soldiers were arrested for their participation in the attack.
    At schools, universities, police training centers, and other 
institutions, upperclassmen, or superiors sometimes physically 
mistreated underclassmen or subordinates, continuing a practice that 
dated back many years. During the year, a number of such incidents 
resulted in death. On February 23, police in Bandung, West Java, named 
12 students of the State Sunan Gunung Djati Islamic Institute as 
suspects in the death of fellow student Imam Nawawi, who died during an 
extracurricular activity the previous week. Eight were accused of 
beating Nawawi to death. Police authorities reportedly took no further 
action regarding the September 2003 deaths of five recruits in Palu, 
Central Sulawesi, who were victims of hazing by members of the Police 
Mobile Brigade (Brimob). In September 2003, in Sumedang, West Java, 
upperclassmen at the government-run Public Administration Institute 
(STPDN) allegedly strangled sophomore Wahyu Hidayat. An STPDN student 
said upperclassmen beat Wahyu to teach him a lesson in loyalty after he 
failed to appear at a flag-raising ceremony on Independence Day. On 
April 15, 10 students were convicted and sentenced to 7 to 10 months in 
jail in connection with the death. Prosecutors had sought up to 5 years 
in prison for the defendants (see Section 1.c.).

    b. Disappearance.--During the year, dozens of disappearances 
occurred, most frequently in Aceh Province, and large numbers of 
persons who disappeared over the past 20 years, mainly in conflict 
areas, remained unaccounted for. The Government reported little 
progress in prosecuting those responsible for disappearances that 
occurred in previous years.
    According to a coalition of human rights NGOs, 46 civilians and 4 
GAM members were kidnapping victims as of November; the same 
organization reported 130 civilians and 3 GAM kidnapping victims in 
2003.
    The security forces were implicated in some disappearances. An 
eyewitness report to AI claimed a 16-year-old boy working in a rice 
paddy was shot in the ankle when he tried to run away from a soldier. 
The boy was subsequently captured, and his whereabouts were unknown at 
year's end. The Government made no significant progress ascertaining 
the whereabouts of those who disappeared in 2003, including Mukhlis and 
Zulfikar, members of the local NGO Link for Community Development, 
after plainclothes military intelligence officers detained them in the 
town of Bireuen.
    The GAM also abducted persons during the year. Elementary school 
teachers Muhammad Amin Alwi and Hasballah were forcibly taken by 10 
armed men in military uniforms in Nagan Raya regency. The TNI believed 
the men were members of the GAM, because students reported that the 
kidnappers used an Acehnese dialect and complained the school had not 
helped in their struggle since martial law was implemented. In June 
2003, in the East Aceh area of Peureulak, journalist Ersa Siregar of 
Rajawali Citra Televisi, cameraman Fery Santoro, driver Rahmatsyah, and 
the wives of two TNI officers were taken hostage by the GAM. One of the 
wives, Cut Soraya, was pregnant. Ersa Siregar was killed in December 
2003 during a firefight between GAM and marines. After lengthy 
negotiations between the GAM and the International Committee of the Red 
Cross (ICRC), Ferry Santoro was released in May along with 150 other 
civilian hostages, including the two wives of TNI officers. Soraya 
reported being beaten by her captors and ultimately miscarried.
    In Papua, there were no credible reports of disappearance. The 
Government did not report any progress in prosecuting those responsible 
for disappearances that occurred in previous years, including those of 
Martinus Maware, Mathius Rumbrapuk, or Hubertus Wresman.
    In Central Sulawesi, Maluku, and North Maluku, there were no 
credible reports of disappearance during the year. The Government made 
some progress in prosecuting those responsible for disappearances that 
occurred in Central Sulawesi in 2002. During the year, 14 soldiers were 
court-martialed and received punishments ranging from dishonorable 
discharge to 4 years in prison over abductions and extrajudicial 
killings committed in the Central Sulawesi regency of Poso in December 
2002. The TNI accused 2 lieutenants and 12 privates of kidnapping 
dozens of civilians in the Toyado area but declined to make their names 
public. The soldiers allegedly abducted the civilians in December 2002, 
after one of their commanders was shot in the head during a clash 
between Christians and Muslims in the Sepe area. Some of the abducted 
civilians turned up dead, while others remained missing at year's end.
    The Government made no additional progress in prosecuting those 
responsible for the 1996 attack by hundreds of progovernment civilians 
and soldiers on the Jakarta headquarters of what was then the 
Indonesian Democratic Party (PDI); 5 persons died and 23 persons 
disappeared in the attack. The Central Jakarta District Court charged 
five persons, three of them civilians, with vandalism and assault 
during the attack: Retired Colonel Budi Purnama, Lieutenant Suharto, 
Mochammad Tanjung, Jonathan Marpaung, and Rahimmi Illyas. However, 
Petrus Kurniawan, a key figure in a group pressing for accountability, 
called the trial an ``orchestration,'' saying the defendants were field 
operators, not the leaders behind the attack. During the year, police 
investigators again submitted to prosecutors six dossiers on the case, 
but prosecutors returned the case files to the police, saying the files 
were incomplete. Named in the dossiers were Jakarta Governor Sutiyoso, 
who in 1996 served as Jakarta's military commander; former State 
Intelligence Chief Zacky Anwar Makarim; Brigadier General Syamsiar 
Wangsamihardja; former Jakarta Police Chief Hamami Nata; Central 
Jakarta police official Abubakar Nataprawira; Colonel Haryanto; and 
former PDI Chairman Soerjadi.

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The Criminal Code makes it a crime punishable by up to 4 
years in prison for any official to use violence or force to elicit a 
confession; however, law enforcement officials widely ignored such 
statutes in practice. Security forces continued to employ torture and 
other forms of abuse. The Government made some efforts to hold members 
of the security forces responsible for acts of torture. During the 
year, the use of torture to obtain confessions from suspects was most 
apparent in Aceh.
    Torture was sometimes used to obtain confessions, punish suspects, 
and seek information that incriminated others in criminal activity. 
Security forces also allegedly used torture to extort money from 
villagers. Reliable figures on the number of incidents of torture that 
occurred during the year were difficult to obtain. Physical torture 
cases included random beatings and acts involving hair, nails, teeth, 
and genitals. Heat, suffocation, electricity, and suspension by the 
feet were also used. Psychological torture cases reportedly included 
food and sleep deprivation, sexual humiliation, and forced witnessing 
or participation in acts of torture.
    During the year, press restrictions in Aceh Province limited media 
reports on cases of torture there. However, a coalition of human rights 
NGOs reported 77 cases of civilians and 7 GAM members tortured, 
compared with 256 civilians and 16 GAM members tortured in 2003. The 
NGO Kontras reported that 214 civilians were tortured. In September, 
Human Rights Watch (HRW) reported widespread abuse of prisoners in Aceh 
by security forces. HRW reported that 24 of 35 Acehnese prisoners 
interviewed claimed they had been tortured and forced to confess 
involvement with the GAM. Examples of torture in the report included 
electric shocks and beatings with wooden beams and gun butts. The 
Government announced it would investigate the allegations contained in 
the HRW report. AI reported that in January, members of Brimob arrested 
a small shop owner suspected of being a GAM intelligence officer. He 
was held for 24 hours, during which Brimob members allegedly beat him 
in the face with the butt of a rifle and broke his nose. He also 
allegedly was burned by cigarettes on his arms, stomach, and thighs. AI 
representatives reported seeing dozens of burn marks still visible when 
they met with him in May. He was released and fled the country after 
his village paid $22 (198,000 rupiah) to Brimob.
    The Government reported no progress in prosecuting those 
responsible for acts of torture committed in Aceh in 2002 or 2003, 
including the beating and burning of civilian Rizki Muhammad.
    In November 2003, in the Papuan city of Wamena, suspects Jigibalom 
and Tenius Murib were arrested for stealing weapons from a military 
arsenal. The two were ill but were denied proper medical attention. 
Also in Wamena, unidentified gunmen raided a government armory in April 
2003. TNI officials detained for questioning suspect Yapenas Murib, who 
later died in TNI custody (see Section 1.a.). The Government did not 
investigate his death. Komnas HAM completed an investigation into 
reports that dozens of residents of the Central Highlands area of 
Kuyowage were tortured by unknown parties during a military operation 
that followed the break-in at the Wamena armory. Komnas HAM concluded 
that military forces tortured villagers and committed other gross human 
rights violations. The Government did not report any progress in 
prosecuting those responsible for this or other acts of torture 
committed in Papua in 2003 or 2002, including the torturing to death of 
Yanuarius Usi.
    In early August, suspected JI member Saifudin Umar, alias Abu Fida, 
was found seriously injured in an East Java hospital. He claimed to 
have been secretly arrested and tortured by police. Police admitted 
arresting Abu Fida on the grounds that he had helped hide two JI 
fugitives; however, police denied torturing him. The Government made 
progress arresting and prosecuting those responsible for cases of 
torture in East Java. On January 19, three police officers were 
arrested for allegedly torturing two college students in Surabaya. On 
September 6, the Padang District Court in West Sumatra convicted and 
handed down 18-month prison sentences to five police officers accused 
of torturing to death narcotics suspect Faisal.
    Rapes occurred in conflict zones (see Section 5). Human rights 
advocates blamed many of the rapes on soldiers and police. Statistics 
were unavailable, but credible sources provided a number of accounts 
that involved soldiers and police. Kontras reported that during the 
year of martial law in Aceh, 47 women and 29 children were victims of 
violence, including rape. The extent to which rape was a problem in 
Aceh was hard to assess, due to social stigma, the lack of reporting, 
and access to the region. The Council of the Central Information for 
Referendum Aceh (SIRA) reported nine cases of rape by military 
personnel in Aceh. The NGO Aceh Sehabat confirmed a report that on July 
24, three TNI soldiers raped a 16-year-old girl in Kampung Meureu Baro-
Indrapuri over a period of several months, leaving her pregnant. Family 
and friends reportedly knew that the girl was being raped but did 
nothing to stop it due to fear for their safety.
    At schools, universities, police training centers, and other 
institutions, upperclassmen or superiors sometimes physically 
mistreated underclassmen or subordinates, a practice that dated back 
many years. During this period, a number of such incidents resulted in 
death (see Section 1.a.).
    The Government failed to make progress in establishing 
accountability for the 1998 riots, which included acts of torture and 
other attacks against ethnic Chinese women in Jakarta, Solo, Medan, and 
other cities. In 2003, an investigative team from Komnas HAM 
investigated the incident, received the testimony of dozens of 
witnesses, and identified 20 suspects. However, at the end of the 
investigation, team leader Solahuddin Wahid declined to name publicly 
the suspects, some of whom were members of the police and military. The 
team summoned 86 civilians, mostly witnesses, to testify; all but 5 
complied. The team also summoned 48 government, military, and police 
officials, of whom only 3 complied. Among those who did not comply were 
former armed forces commander Wiranto, TNI spokesman Major General 
Sjafrie Sjamsoeddin, and the former commander of the Army's Strategic 
Command Reserve (Kostrad), retired Lieutenant General Prabowo Subianto. 
Komnas HAM prepared a 1,500 page report on the riots and in September 
2003 forwarded the report to the AGO, with the expectation that the AGO 
would conduct an investigation of its own. However, on March 4, the AGO 
returned the report to Komnas HAM, reportedly because it lacked 
testimony from key members of the security forces.
    In Aceh Province, following the introduction of martial law in May 
2003, more than 603 school buildings, the majority of them elementary 
schoolhouses, were burned. The Government attributed the arson attacks 
to the GAM, which has a history of destroying public buildings, 
including schools, because they were the most visible symbols of 
government presence and also because security forces often used 
abandoned government facilities as barracks or village headquarters. 
The GAM denied these allegations. By the end of the year, the 
Government had rebuilt 328 of the schools, but several hundred schools 
reportedly were destroyed by the December 26 tsunami. Human rights 
groups in Aceh reported that security forces continued the practice of 
marking houses of families of suspected GAM members with a red ``X'' or 
``GAM,'' thereby stigmatizing the inhabitants and in many cases leading 
to their ostracization.
    No progress was made in the investigation of the alleged 
intentional revenge burning by Brimob of 80 shops and homes in Keude 
Seuneddon, North Aceh, in a 2003 incident that occurred immediately 
after the killing of 2 Brimob officers.
    On September 28, approximately 150 members of the Betawi 
Brotherhood Forum (FBR), a group of criminals who claimed to be native 
Jakartans, raided a number of nightspots in the Jakarta areas of 
Cilincing and Muara Baru, saying the businesses were immoral and should 
close within a week. Police officers reportedly stood by as FBR members 
terrorized the nightspots. It was the FBR's first major attack since 
its 2002 attack against members of the Urban Poor Consortium at the 
Jakarta office of Komnas HAM. On June 27, self-described FBR members 
also forced the closure of a church in East Jakarta (see Section 2.c.). 
In October, the month of Ramadan, FBR gangs invaded nightclubs and 
other establishments that they believed were open inappropriately 
during the holy month. Eight FBR members were arrested for their 
actions. Several hundred stick-wielding persons from the Islam 
Defender's Front (FPI) attacked a popular Jakarta nightclub. Some 
police officials reportedly acquiesced in the attack, but after other 
high profile leaders criticized the attack, police deployed more than a 
thousand extra officers to patrol the streets. Four FPI members were 
arrested.
    Conditions at the country's 365 prisons and detention centers were 
harsh, and overcrowding was widespread. Facilities frequently were two 
or three times over capacity. Guards regularly mistreated inmates and 
extorted money from them. Unruly detainees were held in solitary 
confinement for up to 6 days on a rice-and-water diet. The wealthy or 
privileged had access to better treatment in prison. In July, the 
country's most famous inmate, Hutomo ``Tommy Suharto'' Mandala Putra, 
son of former President Suharto and convicted of arranging the killing 
of a judge, was flown aboard a helicopter to stay in the luxury Kartika 
Pavillion Suites at the Gatot Subroto Army Hospital for 6 days. Tommy 
Suharto did not appear for seven court appearances for health reasons. 
A team of 10 doctors detected a possible tumor behind Suharto's left 
eye and a stomach ulcer but ultimately declared him able to conduct 
normal activities.
    Prison authorities held female inmates separately from men but in 
similar conditions. Most children convicted of serious crimes were sent 
to juvenile prisons. However, until they were convicted, most juveniles 
were held with adults at detention centers. In theory, prisons held 
those convicted by courts, while detention centers held those awaiting 
trial; however, in practice, pretrial detainees at times were held with 
convicted prisoners.
    There were no official restrictions on prison visits by human 
rights monitors, and prison officials granted varying degrees of 
access. The ICRC made some visits to prisoners during the year.

    d. Arbitrary Arrest or Detention.--The Criminal Procedures Code 
contains provisions against arbitrary arrest and detention but lacks 
adequate enforcement mechanisms, and authorities routinely violated it. 
The Code provides prisoners with the right to notify their families 
promptly, and it specifies that warrants must be produced during an 
arrest. Exceptions are allowed if, for example, a suspect is caught in 
the act of committing a crime. The law allows investigators to issue 
warrants; however, at times, authorities made arrests without warrants. 
No reliable statistics existed on how many arbitrary arrests and 
detentions took place during the year.
    The President appoints the Indonesian National Police Chief, 
subject to DPR confirmation. The Police Chief reports to the President 
but is not a full member of the Cabinet. The Indonesian National Police 
consist of approximately 250,000 officers deployed to each of the 33 
provinces. Despite decentralization, the police have largely maintained 
their centralized hierarchy, in which local police forces formally 
reported to the national headquarters rather than to local governments.
    During the year, police generally improved their professionalism 
and effectiveness at fighting crime, and they succeeded in apprehending 
a large number of suspects in terrorist attacks. Overall 
professionalism of the police remained low, as did respect for human 
rights and effectiveness at investigating human rights abuses. Impunity 
and corruption remained significant problems. The extent of wrongdoing 
within the nation's police forces was difficult to gauge. Police 
commonly extracted bribes, from minor payoffs in traffic cases to large 
bribes in criminal investigations. According to police, 36 members of 
the national police force were investigated for human rights violations 
during the year. Punishments varied from demotion to criminal 
prosecution.
    A defendant may challenge the legality of his arrest and detention 
in a pretrial hearing and may sue for compensation if wrongfully 
detained; however, defendants rarely won pretrial hearings and almost 
never received compensation after being released without charge. 
Military and civilian courts rarely accepted appeals based on claims of 
improper arrest and detention. The Criminal Procedures Code limits 
periods of pretrial detention. Police are permitted an initial 20-day 
detention, which can be extended to 60 days; prosecutors may detain a 
suspect 30 days initially, with a 20-day extension permitted. 
Prosecutors may extend police detention periods, and a district court 
may further extend prosecutors' detention of a suspect. The district 
and high courts may detain a defendant up to 90 days during trial or 
appeal, while the Supreme Court may detain a defendant 110 days while 
considering an appeal. In addition, the Criminal Procedures Code allows 
detention periods to be extended up to an additional 60 days at each 
level if a defendant faces a possible prison sentence of 9 years or 
longer, or if the individual is certified to be mentally or physically 
disturbed. Authorities generally respected these limits in practice.
    In areas of separatist conflict, such as Aceh and Papua, police 
frequently and arbitrarily detained persons without warrants, charges, 
or court proceedings. Kontras reported that in Aceh such detentions 
occurred frequently because of suspected connections with GAM members. 
According to HRW, 60 percent of arrests in 2003 were made without a 
warrant. Additionally, none of the 35 detainees in Aceh that HRW 
interviewed during the year reported being shown an arrest warrant when 
they were arrested in 2003. The authorities rarely granted bail. The 
authorities frequently prevented access to defense counsel during 
investigations and limited or prevented access to legal assistance from 
voluntary legal defense organizations. At least one person died in 
custody during the year.
    The 2002 terrorism decree and the March 2003 antiterrorism law 
allowed the use in court of evidence from wiretaps, video recordings, 
and other surveillance. The Government applied this law in the cases of 
at least five individuals associated with the GAM. They included former 
negotiators Teuku Kamaruzzaman, Teuku Muhamad Usman, Amni bin Ahmad 
Marzuki, Sofyan Ibrahim Tiba, and Nasiruddin bin Achmed. In October 
2003, the Banda Aceh District Court convicted the five for acts of 
terrorism and sentenced them to between 12 and 15 years in prison. On 
June 1, the Supreme Court rejected their appeal.
    There were no reports of political detainees during the year.

    e. Denial of Fair Public Trial.--The Constitution provides for 
judicial independence. In practice, the judiciary became increasingly 
independent but remained heavily influenced at times by the executive 
branch. The judiciary also continued to be influenced by military, 
business interests and politicians. On April 1, as required by law, the 
Justice Ministry transferred administrative and financial control over 
the judiciary to the Supreme Court. The new constitutional court 
demonstrated significant independence and, in some major cases, ruled 
against the Government. Previously, judges were civil servants employed 
by the executive branch, which controlled their assignments, pay, and 
promotion. Low salaries continued to encourage corruption, and judges 
were subject to pressure from government authorities, which often 
influenced the outcome of cases. In August, the TNI transferred 
administrative control of the military courts to the Supreme Court.
    Under the Supreme Court is a quadripartite judiciary of general, 
religious, military, and administrative courts. The law provides for 
the right of appeal, sequentially, from a district court to a high 
court to the Supreme Court. The Supreme Court does not consider factual 
aspects of a case but rather the lower court's application of the law. 
Parallel to the Supreme Court is the Constitutional Court, which is 
empowered to review the constitutionality of laws, settle disputes 
between state institutions, dissolve political parties, resolve 
electoral disputes, and decide allegations of treason or corruption 
against the President or Vice President. The judicial branch 
theoretically is equal to the executive and legislative branches, and 
it has the power of judicial review of laws passed by the DPR; 
government regulations; and presidential, ministerial, and 
gubernatorial decrees. In practice, the judiciary was less influential 
than the executive and legislative branches, and it often was heavily 
influenced by the executive branch.
    In the country's 2,418 district courts, a panel of judges conducts 
trials by posing questions, hearing evidence, deciding on guilt or 
innocence, and assessing punishment. Judges rarely reversed initial 
judgments in the appeals process, although they sometimes lengthened or 
shortened sentences. Both the defense and prosecution can appeal 
verdicts.
    The law presumes that defendants are innocent until proven guilty. 
It also permits bail, which was used in practice but rarely in areas of 
separatist conflict. Court officials sometimes accepted bribes in 
exchange for granting bail. Defendants have the right to confront 
witnesses and call witnesses in their defense. An exception is allowed 
in cases in which distance or expense is deemed excessive for 
transporting witnesses to court; in such cases, sworn affidavits may be 
introduced. The courts allowed forced confessions, particularly in 
conflict areas, and limited the presentation of defense evidence. 
Defendants have the right to avoid self-incrimination but generally 
were required to give testimony before the conclusion of a trial. 
However, in practice, defendants regularly refused to answer questions.
    The Criminal Procedures Code gives defendants the right to an 
attorney from the time of arrest and at every stage of examination. The 
law requires counsel to be appointed in cases involving capital 
punishment or a prison sentence of 15 years or more. In cases involving 
potential sentences of 5 years or more, the law requires the 
appointment of an attorney if the defendant is indigent and requests 
counsel. In theory, indigent defendants may obtain private legal 
assistance, but in practice, few actually obtained the services of an 
attorney. In many cases, authorities quietly persuaded defendants not 
to hire an attorney. In many cases, procedural protections, including 
those against forced confessions, were inadequate to ensure a fair 
trial.
    Widespread corruption continued throughout the legal system. In 
October 2003, the World Bank reported that endemic corruption was 
compromising law and order. Bribes influenced prosecution, conviction, 
and sentencing in countless civil and criminal cases. Most judges 
earned $200 to $225 (1.8 million to 2.03 million rupiah) per month, 
while a judge with three decades' experience earned approximately $660 
(5.94 million rupiah) per month. Key individuals in the justice system 
not only accepted bribes but appeared to turn a blind eye to other 
government offices suspected of corruption. During the year, the 
Supreme Audit Agency (BPK) named the AGO as the state institution with 
the most ``irregularities'' in its use of state funds. In 2003, BPK 
repeatedly accused the AGO and police of not following up on cases of 
suspected corruption that had been referred to them, stating that, 
since 2001, the BPK had reported 6,162 cases of suspected corruption to 
the AGO and police but that only 505 cases--approximately 8 percent--
had been investigated by both offices.
    In August 2003, the Legal Review journal investigated the buying of 
verdicts in corporate civil lawsuits at district courts, high courts, 
and the Supreme Court. Based on information obtained from leaked 
corporate memos and other sources, the Review published a list that 
estimated the ``price of victory'' in a court case from as little as 
$8,300 (74.7 million rupiah) at the Bandung District Court to as much 
as $600,000 (54 billion rupiah) at the Supreme Court.
    Apart from the handful of soldiers who were tried in human rights' 
courts, hundreds of low-level and sometimes mid-level soldiers were 
tried in military court, even for offenses that involved civilians or 
occurred when soldiers were not on duty. If a soldier was suspected of 
committing a crime, military police investigated and then passed their 
findings to military prosecutors, who decided whether or not to prepare 
a case. Military prosecutors, like military judges, were managed 
administratively by the TNI but were responsible to the AGO and the 
Supreme Court for the application of laws. However, under the ``one 
roof system'' adopted by the judiciary during the year, administrative 
control of military and religious courts was scheduled to transfer 
gradually to the Supreme Court. Trials are conducted before a three-
person panel of military judges. Appeals are made to the Military High 
Court; such appeals may question matters of fact or law. A Military 
Supreme Court bases its rulings only on the application or 
interpretation of law. Some civilians complained about the brevity of 
prison sentences handed down by military courts. TNI legal officials 
responded that all troops sentenced to terms of 3 months or longer were 
discharged from the armed forces, regardless of their record or length 
of service, and claimed this constituted a significant punishment.
    Gross human rights violations can be adjudicated by four district 
courts. The law provides for each court to have five members, including 
three noncareer human rights judges, who are appointed to 5-year terms. 
Verdicts can be appealed to the standing high court and the Supreme 
Court. The law provides for internationally recognized definitions of 
genocide, crimes against humanity, and command responsibility, but it 
does not include war crimes as a gross violation of human rights.
    In August 2003, the Ad Hoc Human Rights Tribunal for East Timor 
concluded its trial phase in Jakarta with the conviction of Major 
General Adam Damiri of crimes against humanity. Damiri, who remained 
free on appeal, became the 6th of 18 tribunal defendants convicted in 
connection with atrocities that occurred during April 1999 and 
September 1999 in 3 East Timor locations: Liquica, Dili, and Suai. On 
July 29, the Jakarta High Court overturned the convictions of Damiri, 
Noer Muis, Hulman Goeltom, and Sudjarwo. This court later acquitted and 
freed Abilio Jose Soares, who was the only convict to have served 
prison time. The sentence of Eurico Guterres was reduced on appeal from 
10 years to 5 years in prison. He appealed the case to the Supreme 
Court and, at year's end, remained free. Subsequently, the AGO appealed 
to the Supreme Court to review the Jakarta High Court's decision to 
overturn the convictions of Noer Muis, Hulman Goeltom, Sudjarwo, and 
Guterres. The AGO also appealed to the Supreme Court to review the 
district court's decision to acquit Tono Suratman. All five cases were 
under review at year's end. East Timor's Serious Crimes Unit indicted a 
total of 391 individuals for crimes against humanity committed during 
and after the 1999 referendum; however, 290 of these individuals 
remained at large with little chance of being returned to East Timor to 
stand trial. The U.N. stated its intention to send out a Commission of 
Experts to evaluate the Ad Hoc Tribunal and Serious Crimes Unit and to 
recommend next steps for achieving accountability. As a possible 
alternative to a Commission of Experts, the Governments of Indonesia 
and East Timor agreed in December to form a bilateral Truth and 
Friendship Commission to address accountability.
    In 2003, the ad hoc human rights tribunal for the 1984 Tanjung 
Priok incident, in which dozens and perhaps hundreds of persons were 
shot and killed, held its first court sessions in Jakarta. Panels 
consisting of 5 judges heard the cases of 16 defendants, including 
retired Major General Pranowo; retired Army Major General Rudolf Adolf 
Butar-Butar; Army Major General Sriyanto Mutrasan, the commander of 
Army Special Forces (Kopassus); and other high-ranking active or former 
military officers. All of the defendants faced charges of crimes 
against humanity. The tribunal sentenced Butar-Butar to 10 years in 
prison and found 13 others guilty and sentenced them to 2 or 3 years in 
jail, far less than the 10-year sentences that prosecutors had 
requested. At year's end, all 14 convicted persons remained free as the 
high court considered their appeals. Some Tanjung Priok victims 
reported that they had received death threats from soldiers at the 
courthouse. Some of the defense teams argued that charges of crimes 
against humanity were unfairly being applied retroactively to their 
clients. The tribunal generated considerable domestic interest as the 
first human rights court to hear a case involving crimes against 
humanity committed during Suharto's rule.
    In March, the Supreme Court confirmed the acquittal of suspected JI 
leader Abu Bakar Ba'asyir on treason charges and reduced his prison 
sentence for minor immigration charges from 3 years to 18 months. 
Ba'asyir's critics were upset that he was not convicted on the primary 
charge of planning treason and stated that his sentence of 18 months 
was not adequate for the crime. On April 30, police rearrested Ba'asyir 
as his jail sentence expired. In October, the South Jakarta District 
Court began proceedings against him on terrorism charges for allegedly 
authorizing the 2002 Bali bombing as JI ``Emir'' and for his alleged 
role in the conspiracy that led to the August 2003 attack on the 
Marriott Hotel in Jakarta. Prosecutors also charged him with 
involvement in a foiled plot to attack national police headquarters in 
Jakarta as well as his connection to an arms and explosives cache that 
police seized in 2003 in the Central Java town of Semarang. At year's 
end, the trial remained underway (see Section 2.b.).
    In September, the Central Jakarta District Court found Tempo 
Magazine chief editor Bambang Harymurti guilty of criminal libel and 
sentenced him to a year in prison. NGOs and journalists complained the 
1999 Press Law rather than the Criminal Code should have been applied 
in the case. The use of the Press Law would have provided plaintiff 
Tomy Winata the right of reply or imposed a fine on Tempo rather than 
the threat of a prison sentence. At year's end, Harymurti remained free 
pending the outcome of his appeal (see Section 2.a.).
    Many suspected GAM members were denied their right to a fair trial. 
Defendants rarely had counsel present during interrogations and usually 
had no counsel during court proceedings. Defendants rarely were able to 
confront their accuser: The prosecution usually based its cases on 
testimony given by witnesses to government investigators; neither 
witnesses nor investigators appeared in court, and only written witness 
statements were submitted. Prosecutors rarely produced physical 
evidence, which they claimed was not available because it consisted of 
military weapons. A lawyer with a legal aid organization told AI that, 
in nearly 100 cases handled by his organization, only 2 defense 
witnesses agreed to appear.
    On September 7, the DPR passed legislation to establish a ``Truth 
and Reconciliation Commission'' to investigate human rights violations 
before making recommendations to the President to grant amnesty to 
abusers and rehabilitation to their victims. The legislation would 
allow the commission to recommend amnesty for a confessed violator in 
cases where the victim does not consent. Once the commission has 
resolved a case, it cannot later be filed in human rights court. At 
year's end, the executive branch had not promulgated the law or 
established the commission.
    On October 12, Supreme Court Chief Justice Bagir Manan inaugurated 
the first Shari'a (Islamic law) courts in Aceh. Under the new system, 
19 district religious courts and 1 court of appeals are scheduled to 
begin hearing cases. The courts are to hear only cases involving 
Muslims and use decrees formulated by the Aceh local government rather 
than the Penal Code but (see Section 2.c.). In the most visible initial 
effect, authorities began enforcing dress codes for Muslim women.
    There were no reports of political prisoners.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The law requires judicial warrants for searches except 
for cases involving subversion, economic crimes, and corruption. The 
law also provides for searches without warrants when circumstances are 
``urgent and compelling.'' Security officials occasionally broke into 
homes and offices. The authorities occasionally spied on individuals 
and their residences and listened in on telephone calls. There were 
reports that the Government occasionally infringed upon privacy rights 
of migrant workers, particularly women, returning from abroad. Corrupt 
officials sometimes subjected migrants to arbitrary strip searches, 
stole their valuables, and extracted bribes at special lanes set aside 
at airports for returning workers.
    Land disputes generated charges of unfair evictions and excessive 
force by the public security officials. The NGO Jakarta Resident Forum 
estimated that public security officials evicted at least 20,000 
persons during the year, compared with 40,000 in 2003. In Sumatra, 
local communities involved in the pulp and paper industry reportedly 
continued to experience persistent human rights abuses, including land 
seizures, by police and corporate security guards. HRW also alleged 
that companies such as Arara Abadi routinely seized local residents' 
land for plantations, with little or no compensation.
    The National Identity Card (KTP), which all citizens are required 
to carry, identifies the holder's religion. NGOs charged that the KTPs 
undermined the country's pluralistic tradition and endangered 
cardholders who traveled through an area of interreligious conflict. 
Members of the five religions officially recognized by the Government--
Islam, Protestantism, Catholicism, Hinduism, and Buddhism--had little 
or no trouble obtaining accurate identification cards; however, members 
of minority religions frequently were denied either a card or one that 
accurately reflected their faith. Additionally, low-level officials and 
village heads, responsible for issuing KTPs, often demanded small 
bribes or made the process inordinately bureaucratic, which made it 
difficult for disadvantaged groups such as itinerant workers, the poor, 
and the homeless to obtain KTPs.
    In many parts of the country, particularly in Kalimantan and Papua, 
local residents believed that the government-sponsored transmigration 
program interfered with their traditional ways of life, land usage, and 
economic opportunities. During the year, the program moved at least 
87,678 households from overpopulated areas to 369 more isolated and 
less developed areas in 24 different provinces. The Government sent at 
least 12,329 households to Central Kalimantan, making that province 
again the top destination. However, transmigration was far less than 
during the Suharto era.
    The Government used its authority, and at times intimidation, to 
appropriate land for development projects, often without fair 
compensation. In other cases, state-owned companies were accused of 
endangering resources upon which citizens' livelihood depended.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The Constitution provides for 
freedom of speech and freedom of the press; however, the Government at 
times restricted these rights in practice. During the year, the 
Government jailed at least seven peaceful antigovernment protestors 
convicted of ``insulting the President'' or ``spreading hatred against 
the Government.'' In addition, politicians and powerful businessmen 
more often filed criminal or civil complaints against journalists whose 
articles they found insulting or offensive. Also during the year, 
journalists faced increasing threats or violence.
    In September, trials of six student and labor activists for 
insulting the former President during an April 3 demonstration opened 
in Makassar, South Sulawesi. The defendants were Rudi Hartono, the 
chairman of the Makassar National Democratic Student League; Ihsar 
Yatim; Al Ilyas Akbar, director of the Association of the Indonesian 
Poor; Muhammad Anshar, chairman of the National Front for United 
Indonesian Labor Unions; Wahida Baharuddin Upa; and Petrus Pice 
Jailahi, director of the Makassar Legal Aid Institute. On December 23, 
another student was arrested for insulting the President when he 
allegedly burned a photograph of Susilo Bambang Yudhoyono.
    In Aceh Province, press freedom was severely curtailed during the 
year. Martial law and civil emergency administrators restricted access 
by foreign journalists and diplomats, blocked cellular telephones, and 
forbade contact with the GAM. Journalists in Aceh experienced serious 
difficulties operating under martial law and the civil emergency. A 
government decree required that each news coverage activity ``be 
supported by written permission by the head of Aceh's Emergency 
Military Authority''; however, enforcement of the decree was erratic. 
In practice, only foreign journalists and local journalists reporting 
for foreign news organizations were required to obtain the permits. 
There was no direct censorship, but local journalists were intimidated 
by army spokesmen's criticism of specific stories, as well as by 
passionate calls by military commanders for journalists to report 
``patriotically.'' Journalists also were concerned that critical 
reporting could cause them to lose access to military press briefings. 
Finally, the uncertain security situation limited access to many areas. 
The Government lifted restrictions on domestic journalists when it 
ended martial law in May but maintained restrictions on foreign 
journalists. As a practical matter, journalists in the province 
appeared reluctant to exercise their press freedoms fully, due to fear 
of possible reprisals by the GAM or by government authorities. Although 
foreign journalists were not formally banned from traveling to the 
Provinces of Papua, Maluku, and North Maulu or to the towns of Sampit, 
Poso and Palu, the Government issued an appeal for foreign journalists 
not to enter those areas in particular and often rejected their 
requests to do so. According to a Jakarta-based broadcasting station, a 
radio journalist was beaten by Brimob and TNI personnel after being 
caught interviewing an individual in a military-designated ``black 
area'' (areas in Aceh considered to be a GAM stronghold, including 
North Aceh, East Aceh, Pidie, and South Aceh Provinces).
    Journalists faced violence and intimidation from police, soldiers, 
government officials, rebels, thugs, students, and ordinary citizens. 
During the year, the Alliance of Independent Journalists (AJI) recorded 
at least 17 physical attacks against journalists as well as 8 
nonphysical acts that included death threats and lawsuits. For example, 
on July 13, East Nusa Tenggara journalist Benny Djahang was ``poked and 
throttled'' by provincial council member John Oga while attending a 
plenary session of the East Nusa Tenggara Provincial Council. The 
attack reportedly was in response to a story Djahang had written the 
previous week detailing the arrest of Oga and two other councilors.
    The Government made little or no progress prosecuting those 
responsible for violent attacks against journalists in Aceh in 2003, 
including those against TVRI cameraman Jamaluddin, Waspada newspaper 
journalist Idrus Jeumpa, and 68H radio journalist Alif Imam Nurlambang.
    According to AJI, unlike in 2003, there were no reports of 
journalists expelled from Aceh.
    In March 2003, persons linked to tycoon Tomy Winata entered Tempo 
Magazine's headquarters in Jakarta and criticized an article that 
implied Winata stood to benefit from a fire that destroyed a Jakarta 
market. They assaulted Tempo journalists, including chief editor 
Bambang Harymurti, at the headquarters and later at a police station. 
Tempo lawyers reported the matter to the authorities and sued the 
assailants, but judges exonerated the group's leader. Winata's 
attorneys responded by initiating four lawsuits (two civil and two 
criminal), which free press activists asserted were attempts to 
intimidate the media. On September 14, the Jakarta High Court 
overturned two district court decisions in civil suits against Tempo, 
finding in favor of Tempo and dismissing fines levied by the district 
court against the magazine. However, 2 days later, the Central Jakarta 
District Court found Tempo guilty of criminal libel and sentenced 
Bambang Harymurti to a year in prison; the court acquitted Tempo 
journalists Ahmad Taufik and Teuku Iskandar Ali. Human rights observers 
called the decision a blow to press freedom in the country and 
criticized prosecutors' decision to use the Criminal Code on Libel 
instead of the 1999 Press Law. At year's end, Harymurti remained free 
pending a high court decision on his appeal.
    On December 23, the former general manager of the newspaper Radar 
Jogja was sentenced to 9 months in jail for defamation after he 
published articles alleging the general manager of a competing 
newspaper was sexually harassing a member of his staff. The judge in 
the case refused to tell the press why he applied the Criminal Code on 
Libel rather than the available 1999 Press Law.
    During the year, government officials filed three other criminal 
cases against journalists under the same Criminal Code on Libel.
    During the year, the Government took no legal action against any 
person responsible for crimes committed against journalists in 2003. 
However, in 2003, the Central Jakarta District Court ordered Jakarta 
Governor Sutiyoso to apologize to a reporter intimidated by a city 
public order officer who tried to prevent him from covering an eviction 
in 2002. Sutiyoso lost his appeal to a high court and appealed to the 
Supreme Court. The appeal remained under consideration at year's end.
    Pervasive corruption among journalists and the lack of an 
enforceable journalistic code of ethics compromised the integrity of 
some journalists.
    During the year, the Government implemented the 2002 Broadcasting 
Law, which included measures for issuing licenses for additional 
frequencies and establishing an impartial broadcasting commission.
    Despite numerous incidents of violence and intimidation of the 
press, there were positive developments. Unity among journalists and 
their commitment to protect their colleagues appeared to have 
strengthened. Some members of the press also continued aggressive 
reporting on such issues as corruption, the conflict in Aceh, and 
environmental degradation. Regional media increasingly prospered. In 
addition, moderate Islamic publications increased in number and 
popularity.
    The government-supervised Film Censorship Institute continued to 
censor domestic and imported movies for content that it deemed 
pornographic or religiously offensive. In August, the institute ordered 
the local movie ``Kiss Me Quick'' pulled from cinemas after religious 
leaders complained that it would encourage young persons to have sex.
    By law, Communist teachings cannot be disseminated or developed.
    The Government did not restrict Internet use or content.
    The law provides for academic freedom, and the Government respected 
this provision.

    b. Freedom of Peaceful Assembly and Association.--The Constitution 
provides for freedom of assembly; however, the Government restricted 
this right in certain areas. The law generally does not require permits 
for public social, cultural, or religious gatherings; however, any 
gathering of five or more persons related to political, labor, or 
public policy requires police notification, and demonstrations require 
a permit.
    During the year, police used excessive force at a number of 
demonstrations. For example, on May 1 in Makassar, South Sulawesi, 
police forcibly entered the campus of the Indonesian Muslim University 
and injured 65 students demonstrating against the arrest of radical 
Muslim cleric and suspected JI leader Abu Bakar Ba'asyir. Demonstrators 
reportedly had taken a police officer hostage on the campus and had 
attacked two others. The violent police response led to the dismissal 
of the regional police chief and several other senior officers. Police 
investigated the incident and named 22 police suspects, 8 of whom were 
convicted for collective violence in public and sentenced to between 7 
and 12 months. On February 26, police forcefully broke up a peaceful 
demonstration by the Bandung Student Executive Body. Dozens of students 
were injured, 23 of whom were taken to the hospital.
    In July, the treason trial of 17 alleged activists of the Maluku 
Sovereignty Front began over the April separatist rally that sparked 
renewed violence. In August, the Ambon District Court began the trials 
of 36 others charged with treason in relation to April and May rallies 
that ended in violence.
    There were reports of counterprotesters violating the right to 
peaceful assembly in the case of labor disputes.
    The Government did not report any progress in prosecuting those 
responsible for the 2002 forcible dispersal by Jakarta police of 
participants in a massive rally against the reelection of Governor 
Sutiyoso. Similarly, no arrests were made in connection with the 
distribution of food containing cyanide at the same rally. In addition, 
no arrests were made regarding the 2002 attack in the Central Java city 
of Semarang on two antipoverty activists by persons who claimed to be 
members of the ruling PDI P, nor were arrests made in connection with 
the March 2003 attack on students in East Java by PDI-P members.
    The Constitution provides for freedom of association; however, the 
Government restricted the exercise of this right in areas of separatist 
conflict. Although the Papua Special Autonomy Law permits flying a flag 
symbolizing Papua's cultural identity, police prohibited the flying of 
the Papuan Morning Star flag, identified with the armed separatist 
struggle.
    There were reports of restrictions on peaceful assembly in Aceh, 
where NGOs and activists faced strict restrictions on their activities 
during martial law and the civil emergency. Organizers of events 
frequently were required to submit in advance the names of speakers and 
the text of their speeches for approval, which was frequently denied. 
This led to caution and self-imposed restrictions by those organizing 
events. Outside of Banda Aceh, the province remained closed to 
foreigners. In April, police dispersed a group of university students 
demonstrating in conjunction with SAMAN (Solidarity for Acehnese 
Students Nusantara) to demand an end to martial law; police arrested a 
coordinator of the demonstration but later released him. The security 
forces continued to enforce a prohibition on flying the GAM flag in 
Aceh. Political rallies and meetings in conjunction with the 
legislative and presidential elections were allowed and occurred 
without significant incident.
    At year's end, Muhammad Nazar, chairman of SIRA, remained in 
detention. Nazar was arrested in February 2003 for planning a public 
rally in Lhokseumawe.

    c. Freedom of Religion.--The Constitution provides for ``all 
persons the right to worship according to his or her own religion or 
belief'' and states that ``the nation is based upon belief in one 
supreme God.'' The Government generally respected the former provision, 
but only five major faiths--Islam, Protestantism, Catholicism, 
Hinduism, and Buddhism--received official recognition in the form of 
representation at the Ministry of Religious Affairs. Other religious 
groups were able to register with the Government, but only with the 
Ministry of Home Affairs and only as social organizations. These groups 
experienced official and social discrimination. The law does not 
recognize atheism, and in practical terms, it requires all persons to 
identify themselves with one of the five faiths acknowledged by the 
Government.
    The civil registration system continued to discriminate against 
members of minority religions. Civil Registry officials refused to 
register the marriages or the births of children of animists, 
Confucians, members of the Baha'i faith, and others because they did 
not belong to one of the five officially recognized faiths. Hindus, 
despite official recognition of their religion, sometimes had to travel 
some distance to register marriages or births because local officials 
could not or would not perform the registration. Persons whose religion 
was not one of the five officially recognized faiths, as well as 
persons of Chinese descent, had difficulty obtaining a KTP, which was 
necessary to register marriages, births, and divorces. Several NGOs and 
religious advocacy groups urged the Government to delete the religion 
category from the KTPs (see Section 1.f.).
    Men and women of different religions experienced difficulties in 
marrying and in registering a marriage. The Government refused to 
register a marriage before a religious marriage ceremony had taken 
place. However, very few religious officials were willing to take part 
in a wedding involving a man and woman of different faiths. For this 
reason, some soon-to-be brides and grooms converted to their partner's 
religion. Others resorted to traveling overseas to wed.
    Foreign missionaries who obtained visas generally were allowed to 
work without serious restriction.
    During the year, the Government took no concrete steps to implement 
controversial provisions of the Education Law that require schools to 
provide religious instruction to students in their own faith.
    As in previous years, some political parties advocated amending the 
Constitution to adopt Shari'a on a nationwide basis, but most 
parliamentarians and the country's largest Muslim social organizations 
remained opposed to the proposal.
    In March 2003, in Aceh Province, the Government began 
implementation of Shari'a by issuing a presidential decree establishing 
Islamic law courts. On October 12, Supreme Court Chief Justice Bagir 
Manan inaugurated the first Shari'a courts in Aceh. Under the new 
system, 19 district religious courts and 1 court of appeals were 
scheduled to begin hearing cases. The courts were to hear only cases 
involving Muslims and not use the Penal Code but rather ``qanuns,'' 
decrees formulated by local governments. The Lhokseumawe city 
government established qanuns for that city and began recruiting 
Islamic law monitors, down to the village level. The qanuns covered 
issues such as ``immoral behavior.'' For example, extramarital contact 
between a man and woman would be punishable by public lashings or a 
fine of up to $555 (4.9 million rupiah). Other qanuns banned gambling 
and the production, distribution, or consumption of alcohol. A Muslim 
found guilty of consuming alcohol would receive 40 lashes. Some in Aceh 
worried that implementation of Shari'a would provide new powers to 
already-distrusted law enforcement institutions and provide 
opportunities to intrude on private religious matters, such as whether 
an individual attends Friday prayers.
    Women's groups helped to draft local regulations to avoid 
provisions that might restrict women's rights. However, because there 
were no women in the Aceh Consultative Assembly except secretaries and 
other lower-ranking service positions, women remained largely 
marginalized. During the year, jilbab (headscarf) inspections by 
various groups were frequent. There was a three-step process for women 
in violation. After issuing two written warnings, authorities referred 
the matter to a Shari'a court. In Banda Aceh, police took women in 
improper Islamic dress and detained them for brief periods in the 
Shari'a enforcement office, where the women were lectured on 
appropriate attire. Local governments and groups in other areas also 
undertook campaigns to promote conformance by women with the precepts 
of Shari'a (see Section 5). Some women told reporters that they felt 
humiliated when detained for dress code violations.
    In some municipalities, local leaders applied stricter Islamic 
practices. For example, in the West Java regency of Cianjur, a local 
regulation required all Muslim civil servants to wear Islamic clothing 
every Friday and attend congregational noon prayer. Virtually all women 
complied with the regulation, and women's groups, including Women's 
Solidarity (Solidaritas Perempuan), stated that women were afraid not 
to comply. On January 12, the mayor of the Jakarta suburb Tanggerang 
ordered public employees to wear Islamic clothing on Fridays. In 
Bulukumba, South Sulawesi, the regent instituted limited Shari'a laws 
that forbade alcohol and required the wearing of Islamic clothes and 
obligatory daily Muslim prayers. However, these regulations applied 
only to Muslims and were not enforced.
    As in previous years, during the Muslim fasting month of Ramadan, 
many local governments ordered either the closure or limited operating 
hours of various types of ``entertainment'' establishments. For 
instance, on October 9, the municipal governments of Kendari, Medan, 
Palembang, and Pekanbaru ordered the closure of all discotheques, 
massage parlors, karaoke outlets, pubs, and bars during Ramadan. 
However, authorities said they would allow bars and karaoke outlets in 
hotels catering to foreign tourists to remain open. The Medan 
government ordered the closure of such establishments on December 24 
and 25 in observance of Christmas. Enforcement of the orders varied.
    Political and economic tensions between Christians and Muslims in 
the eastern provinces of Central Sulawesi, Maluku, and North Maluku 
continued to cause sectarian violence, resulting in unlawful killings 
(see Section 1.a.).
    During the year, more than 10 churches were attacked, compared with 
7 churches in 2003. In addition to attacks in the capital cities of 
Central Sulawesi and Maluku, there were attacks in the West Java 
communities of Purwodadi, Margahayu, Tangerang, Bogor, Banten; the 
Jakarta communities of Ciputat and Pamulang; and the Central Java city 
of Yogyakarta. Attacks consisted of vandalism, arson, shootings, mob 
violence, and forced closures. One mosque was destroyed in Maluku 
during the year.
    Due to renewed violence in Ambon in April and May, interreligious 
tolerance and cooperation between Christians and Muslims in Maluku, 
North Maluku, and Central Sulawesi remained poor. In the Moluccas, 
local governments continued to reunite many government offices that 
since 1999 had separated into Christian and Muslim units.
    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 allows the Government 
to prevent persons from entering or leaving the country, and sometimes 
the Government restricted freedom of movement. The Law on Overcoming 
Dangerous Situations gives military forces broad powers in a declared 
state of emergency, including the power to limit land, air, and sea 
traffic; however, the Government did not use these powers.
    The Government continued to restrict freedom of movement through a 
system of ``travel letters,'' which were required for travel within 
Maluku, Aceh, and Papua. Enforcement was inconsistent.
    On May 19, then President Megawati issued a decree ending martial 
law in Aceh and establishing a state of civil emergency, which remained 
in effect at year's end. The decree returned overall government 
authority for the province to the governor, but the Provincial Civil 
Emergency Administration (PDSD), headed by the provincial chief of 
police, maintained power to issue emergency measures to control travel, 
trade, transport, and other civilian activities.
    The Government instituted new controls on the movement of residents 
in Aceh by issuing new national identity cards specific to Aceh. These 
cards required the signatures of the holder's local military commander, 
local police chief, and village head. Acehnese who wished to travel or 
leave the province had to produce these cards at security checkpoints 
along main highways. Failure to produce the card was cause for arrest. 
In practice, the cards were easily obtained, and there was no evidence 
that the policy resulted in restriction of movement. In Aceh, those 
outside Banda Aceh also had to obtain from police a travel letter that 
described the purpose and length of trip and also name the persons the 
traveler would meet. In conflict areas, individuals also were required 
to report to police to leave villages to fish, tend fields, or leave 
their village, which significantly hindered their ability to earn a 
livelihood.
    The Government also controlled movements to close avenues of supply 
to GAM rebels. In the remote Lokop District of East Aceh, home to 30 
villages and a heavy rebel presence, TNI units monitored and controlled 
food shipments moving in and out of villages and limited shipments to 
TNI-linked suppliers. Soldiers also limited the amount of food each 
family could purchase, which resulted in malnutrition, according to the 
Aceh branch of Kontras. In addition, troops reportedly restricted the 
hours that fishermen could fish and the hours that rice farmers could 
work in their fields.
    In Central Kalimantan, where ethnic violence in 2001 prompted 
approximately 130,000 ethnic Madurese migrants to leave, mainly to 
Madura and East Java, at least 45,000 voluntarily returned to 
Kalimantan. However, in the interim, a number of regency governments, 
including those of Barito Utara, Barito Selatan, and Kotawaringin 
Barat, had introduced regulations that prohibited the return of ethnic 
Madurese unless they could prove they had previously lived in the area 
and did not have a criminal record. Relations between Madurese and 
indigenous Dayaks remained poor. The West Kalimantan city of Sambas 
remained effectively inaccessible to its former Madurese residents.
    The Government prevented at least 412 persons from leaving the 
country during the year. The AGO and the High Prosecutor's Office 
prevented most of these departures. Some of those barred from leaving 
were delinquent taxpayers, while others were involved in legal 
disputes. There were reports of the Government barring the exit of some 
foreigners without proper application of the law.
    In June, the Government expelled Sidney Jones, country director for 
the international NGO International Crisis Group (ICG) (see Section 4).
    The Constitution prohibits forced exile, and the Government did not 
use it.
    The country continued to make progress reducing the number 
internally displaced persons (IDPs). The U.N. Office for the 
Coordination of Humanitarian Affairs (OCHA) estimated that there were 
1,478,736 IDPs in the country during the year, compared with 587,000 in 
2003. OCHA reported that there were 6,946 IDPs in Aceh as of June, but 
this number increased considerably as a result of the December 26 
tsunami. According to the Coalition of NGOs for Aceh and Kontras, there 
were still two refugee camps in Aceh before the tsunami. The 
Government's military operation in Aceh did not produce a large flow of 
IDPs outside the borders of the province. Some IDPs lived in emergency 
shelters, while others stayed with host families or were integrated 
into local communities. The Government dealt with many aspects of 
crisis but continued to rely on international organizations and donors 
to assist with most IDPs' needs. In theory, IDPs had three options: 
Return to their place of origin, start anew in their current location 
with the Government's assistance, or resettle through a relocation 
program. In some cases, including in North Sumatra, governmental 
assistance amounted to a one-time payment of approximately $1,000 (9 
million rupiah) per family.
    In June 2003, on the North Maluku island of Ternate, thousands of 
IDPs who claimed that the governor had stolen aid earmarked for their 
return to Halmahera Island clashed with police and soldiers. No 
injuries were reported. On September 24, the Ambon District Court began 
hearing the trial of Husni Lessy, head of organizational guidance and 
social assistance at the Maluku Social Welfare Office. Lessy, who was 
responsible for the distribution of rice to IDPs from January to 
September 2002, faced charges of demanding ``commissions'' before 
distributing rice. He was accused of demanding more than $18,888 (170 
million rupiah) in kickbacks and costing the State as much as $555,555 
(4.1 billion rupiah) in losses. NGO activists who worked with IDPs 
reported that, in conflict areas, the Government was doing little or 
nothing to see that compensation was provided for losses suffered or 
that justice was done to those responsible. Activists reported that 
IDPs were vulnerable to trafficking in persons, and others warned that 
widespread violence could re-ignite at any time in some regions.
    Although the law does not include provisions for granting 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 cooperated with the U.N. 
High Commissioner on Refugees (UNHCR), which maintained an office in 
Jakarta. At year's end, there were 113 U.N.-recognized refugees and 60 
asylum seekers living in the country. Some were applicants and others 
were dependents. Most were from Iraq, Afghanistan, or Somalia. Some of 
the refugees had been accepted by Western resettlement countries but 
had not yet departed.
    The above figures did not include approximately 10,000 former 
refugees from East Timor who resided in West Timor at year's end. In 
2003, the Government and UNHCR stated that the remaining East Timorese 
in West Timor would no longer be considered refugees. Most of these 
former refugees resided in makeshift camps in the West Timor regencies 
of Atambua and Kupang. Many of these individuals did not want to return 
to their homeland; others wanted to return but apparently felt 
constrained by those opposed to returning. According to the labor 
rights group Jakarta Solidarity Center, hundreds of Burmese fishermen, 
refugees apparently forced to work on Thai fishing boats, either 
escaped or were abandoned in Tual, a small island in Maluku, where they 
lived in difficult conditions. Immigration officials forcibly 
repatriated a number of Burmese fishermen via foreign fishing vessels.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    During the year, the implementation of several constitutional 
amendments increased the ability 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. They exercised this right in peaceful 
legislative elections on April 5 and the country's first direct 
presidential election on July 5, with a second round on September 20, 
when Susilo Bambang Yudhoyono defeated the incumbent President 
Megawati. The Constitution provides for general elections every 5 
years. During most of the year, the police and armed forces continued 
to hold 38 appointed seats jointly in the DPR and 10 percent of the 
seats in provincial and district parliaments; however, in accordance 
with a 2002 amendment to the Constitution, the security forces lost 
their appointed DPR seats in October with the inauguration of the new 
legislature. DPR members automatically are members of the MPR, which 
until October included regional and government appointed 
representatives. On October 1, the MPR became a fully elected body 
consisting of the 550 DPR members (50 seats were added pursuant to a 
law adopted in 2003) and the 128 members of the House of Regional 
Representatives (DPD).
    Domestic and international observers monitored the legislative and 
presidential elections, organized by an independent election 
commission, and considered the elections largely free and fair.
    The MPR can amend the Constitution and issue decrees, functions it 
performed in the first of its ``annual sessions,'' held in 2000. A key 
demand of the post-1998 reform movement was an overhaul of the 1945 
Constitution, which was seen as having fostered the development of past 
authoritarian regimes. In the First Amendment of the Constitution, the 
1999 MPR passed curbs on executive power, including a limit of two 5-
year terms for the President and Vice President. In 2000, the MPR 
adopted the Second Amendment, which contained many important changes, 
including provisions for protection of human rights, regional autonomy, 
and further separation of powers. During its 2001 session, the MPR 
amended the Constitution to provide for direct presidential and vice-
presidential elections, a bicameral legislature with a regional 
representatives chamber, and a Constitutional Court with the power of 
judicial review of legislation, certain election disputes, and 
impeachment proceedings. This court was inaugurated in 2003. In 2002, 
the MPR approved the Fourth Amendment, which requires presidential and 
vice-presidential candidates to run together on a single ticket. It 
provides for a second round of direct voting if no candidate receives a 
majority of votes cast and at least 20 percent of the vote in half of 
the provinces. The MPR retained authority to amend the Constitution but 
was no longer empowered to establish broad guidelines of state policy. 
The constitutional changes also restricted the MPR's authority to 
impeach the President. The 1999-2002 amendments make the President and 
the Vice President directly accountable to the electorate.
    All adult citizens are eligible to vote except active duty members 
of the armed forces, convicts serving a sentence of 5 years or more, 
persons suffering from mental disorders, and persons deprived of voting 
rights by an irrevocable verdict of a court of justice. Former members 
of the banned Indonesian Communist Party are allowed to vote, and, 
following a Constitutional Court ruling during the year, they may now 
run for office. This ruling marked an important step forward in 
restoring the basic rights of victims of Suharto's New Order regime.
    There was a widespread domestic and international perception that 
corruption was a part of daily life when dealing with authorities in 
the executive and legislative branches. The need to tackle corruption 
was a high-profile issue in the year's election campaign. President 
Susilo Bambang Yudhoyono bemoaned that corruption was ``systemic'' to 
the country, and this was a major focus of his administration's initial 
100-day program.
    Two versions of a Freedom of Information act were before the DPR 
for consideration at year's end: One represented a governmental draft, 
and the other contained NGO input. Despite the absence of such a law, 
the AJI reported no problems obtaining unclassified public documents 
from the Government. The exception to this rule was in Aceh, where 
information could be obtained only from the TNI Media Center.
    There were no legal restrictions on the role of women in politics. 
A woman, Megawati Soekarnoputri, served as President until October, 
when Susilo Bambang Yudhoyono was inaugurated as President; however, 
under President Megawati, women accounted for only 2 of the 33 cabinet 
ministers and 8 of the 45 Supreme Court justices. On October 20, 
President Yudhoyono appointed women to 4 of his Cabinet's 36 seats. In 
February 2003, the DPR passed an election law that included a 
nonbinding call for parties to select women for at least 30 percent of 
the candidate slots on their party lists. In this year's elections, 61 
women were elected to the 550-seat DPR, an increase from 1999, when 44 
women held seats in the 500-seat DPR. In the DPD, women comprised 27 of 
the 128 members.
    There were no legal restrictions on the role of minorities in 
politics. There were 365 members of minorities (defined as persons from 
outside of Java and neighboring Madura Island) in the 500-seat outgoing 
DPR. There were no statistics for the 2004-09 DPR. There were 12 
members of minorities in President Megawati's 33-member Cabinet. While 
most of Megawati's cabinet members were Javanese, Sundanese, or 
Madurese, minority members were of Bugis, Batak, Acehnese, Minang, 
Flores, Balinese, Banjar, Arab, or Chinese heritage. President 
Yudhoyono's Cabinet also consisted of a plurality of Javanese, with 
others being of Sundanese, Bugis, Batak, Acehnese, Papuan, Balinese, 
Arab, or Chinese heritage.
    In Papua, the Government's plan to divide the province into three 
continued to generate significant opposition from NGOs, religious 
leaders, community leaders, and the Papuan governor. Legislation called 
for the creation of the two additional provinces of West Irian Jaya and 
Central Irian Jaya. However, the subsequent 2001 Law for Special 
Autonomy in Papua makes clear that partition is possible only with 
approval of the Papuan People's Council (MRP) and the Papuan 
legislature. Nevertheless, the Government established the West Irian 
Jaya Province, although it delayed creation of Central Irian Jaya. On 
November 11, the Constitutional Court annulled the 1999 law 
partitioning Papua into three provinces but ruled that West Irian Jaya 
could continue to exist, since it was functioning in accordance with 
constitutional principles. In December, President Yudhoyono issued a 
decree authorizing the creation of a 40-member Papuan People's Council. 
The council would have input into the appointment of the governor and 
deputy governor of Papua Province, as well as provincial-level 
legislation affecting indigenous Papuans. The council would consist of 
one-third religious figures, one-third representatives of tribal 
organizations, and one-third women's groups. However, the central 
Government reserved veto power over candidates for the MRP whom it 
deemed objectionable.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    Domestic human rights organizations reported being subject to 
monitoring, harassment, and interference by the Government; however, 
they remained active in advocating improvements to the Government's 
human rights performance. Komnas HAM reported that, since 2000, 14 
human rights activists had been killed and that no perpetrators been 
brought to justice. However, there were no reports of any human rights 
activists killed during the year. Many NGOs, particularly those in 
Aceh, accused security forces of obstructing their activities. Unlike 
in the previous year, there were no reports that organized groups 
attacked members or offices of NGOs.
    In Aceh, NGOs experienced intense government interference. The 
security forces repeatedly summoned domestic NGO activists for 
questioning regarding possible links to the GAM, which prompted between 
100 and 200 activists to leave the province. The Government effectively 
prohibited foreign humanitarian aid workers from the province, except 
for a limited number attached to U.N. agencies. According to AI, once 
the provincial governor took over as head of the Civil Emergency 
Authority, he extended existing restrictions on international 
humanitarian organizations. Access reportedly was especially poor in 
those regions designated by the military as ``black areas.'' AI 
believed that some of these areas had not been accessed by independent 
humanitarian organizations since May 2003.
    The Government criticized NGOs that questioned its policies. In 
June, the former Government expelled Sidney Jones, ICG Country 
Director. Jones appeared to have been expelled because of the 
Government's displeasure with her portrayal of its handling of 
politically sensitive issues (see Section 2.d.).
    On June 30, the court ruled in favor of Major General Nurdin 
Zainal, who in 2003 had sued two persons of the NGO Institute for Human 
Rights Study and Advocacy (ELS-HAM) and four newspaper editors for 
defamation. The lawsuit stemmed from a press conference ELS-HAM held in 
the wake of a 2002 ambush near Timika. ELS-HAM appealed the verdict.
    There was no progress in the case of six FBR members involved in a 
2002 attack against activists of the Urban Poor Consortium at the 
Jakarta office of Komnas HAM. The six cases remained on appeal to the 
Jakarta High Court at year's end. The Government reported no progress 
in prosecuting the perpetrators of the 2002 shooting in Papua of 
several family members of Johannes Bonay, executive director of ELS-
HAM.
    The Government generally viewed outside investigations or foreign 
criticism of its human rights record as interference in its internal 
affairs. The security forces and intelligence agencies tended to regard 
with suspicion foreign human rights organizations, particularly those 
operating in conflict areas. Government monitoring of foreigners was 
apparent in some conflict areas. Some domestic human rights 
organizations expressed concern about possible negative consequences of 
contacting foreigners.
    A number of government agencies and affiliated bodies addressed 
human rights problems, including the Ministry of Law and Human Rights, 
the Ministry of Foreign Affairs, the Ministry of Women's Empowerment, 
and Komnas HAM. However, in 2003, Komnas HAM's efforts to expose human 
rights violations and bring perpetrators to account were undermined by 
a number of court decisions regarding Komnas HAM's jurisdiction or 
authority. For example, in June 2003, a Jakarta court refused to 
subpoena former and active military officers who had ignored Komnas HAM 
summonses to face questioning over the 1998 riots, which claimed more 
than 1,200 lives. By law, severe human rights violations that occurred 
before 2000 could be investigated only by an ad hoc human rights court, 
not Komnas HAM. Such a court could be formed only at the suggestion of 
the DPR, but for the DPR to know enough about an incident to approve 
the formation of a court, a thorough investigation was necessary. The 
resulting stalemate continued to block progress toward accountability.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The Constitution does not explicitly prohibit discrimination based 
on gender, race, disability, language, or social status. It provides 
for equal rights for all citizens, both native and naturalized. 
However, in practice, the Government failed to defend these rights 
adequately.

    Women.--Violence against women remained poorly documented. 
Nationwide figures were unavailable, but the NGO Mitra Perempuan-
affiliated Women's Crisis Centers (WCC) conducted a 13-city survey from 
April 2003 to March. WCC found 300 cases of violence against women in 
Jakarta, 33 in Bandung, 14 in Purwokerto, 25 in Surakarta, 53 in 
Jombang, 14 in Banda Aceh, 22 in Bengkulu, 25 in Bandar Lampung, 10 in 
Palembang, 7 in Pontianak, 10 in Manado, 30 in Makassar, and 32 in 
Kupang. The local press reported that violence against women continued 
to increase. Two types of crisis centers were available for abused 
women: Government-run centers in hospitals and NGO centers operated in 
the community. During the year, the Ministry of Women's Empowerment 
successfully lobbied for the passage of the Domestic Violence Act, 
presented the antitrafficking bill to the DPR, and supported the 
election law's target of 30 percent female candidates for legislative 
office. The Ministry also worked on issues of child protection, 
including trafficking.
    The Domestic Violence Act that passed in the DPR on September 14 
criminalizes domestic violence. Physical violence is punishable by 
imprisonment for up to 15 years or $5,000 (45 million rupiah). 
Psychological violence is punishable by imprisonment for up to 3 years 
or $1,000 (9 million rupiah). Sexual violence is punishable by 
imprisonment for up to 20 years. At year's end, there were no 
prosecutions.
    Rape was a problem. It is punishable by 4 to 12 years in jail. 
Although the Government jailed perpetrators for rape and attempted 
rape, convicted rapists most commonly were sentenced to the minimum or 
less. Reliable nationwide statistics were unavailable. The definition 
of rape is narrow and excludes heinous acts that would commonly be 
treated as rape in other countries.
    Rapes by members of the security forces were most numerous in Aceh. 
Human rights activists expressed concern that rapes were underreported 
in the province, partly because of reluctance by victims to do so. SIRA 
stated that military personnel committed nine rapes in Aceh but that no 
cases of rape or sexual harassment had been reported to the 
authorities. During the year, the TNI prosecuted 15 personnel for rape.
    It was unclear whether GAM rebels committed rape during the year, 
although there were numerous reports that GAM members committed rape in 
previous years.
    Over the past several years, many police stations set up a 
``special crisis room,'' where female officers received criminal 
reports from victims of sexual assault and trafficking, and where 
victims found temporary shelter.
    The Guidelines of State Policy, legal statutes adopted by the MPR, 
state that women have the same rights, obligations, and opportunities 
as men. However, the guidelines also state that women's participation 
in the development process must not conflict with their role in 
improving family welfare and the education of the younger generation. 
Marriage law designates the man as the head of the family. Women in 
many regions of the country, particularly in Papua, complained about 
differential treatment based on gender.
    The legal differentiation between a woman and a girl was not clear. 
The Marriage Law sets the minimum marriageable age at 16 for a woman 
(and 19 for a man), but the Child Protection Law states that persons 
under age 18 are children.
    Female genital mutilation (FGM), also known as female circumcision, 
was practiced in some parts of the country, including West Java. The 
most recent data available, from a 2002 study in areas where FGM was 
prevalent, indicated that pain, suffering, and complications were 
minimal. Two types of persons, midwives and local traditional 
practitioners, performed the procedure. Researchers said the midwives' 
procedure involved the tearing, cutting, or piercing of part of the 
genitals but not the removal of tissue. Most of the local traditional 
practitioners, on the other hand, said that they customarily removed 
tissue, but the extent of this removal remained unclear. Similarly, it 
was unclear whether the removed tissue was from the clitoris, labia 
minora, or elsewhere. Some NGO activists dismissed any claims of 
mutilation, saying the ritual as practiced in the country was largely 
symbolic. During the year, the Ministry of Health (MOH) and the 
Ministry of Women's Empowerment became more engaged in the prevention 
of FGM and its practice by midwives in clinics. The MOH, World Health 
Organization, and Ford Foundation planned to sponsor efforts in January 
2005 to sensitize and share information regarding the status of FGM 
practices and to mobilize prevention efforts with the religious 
community, NGO advocates, and medical providers. The MOH worked on, but 
did not finalize, an official policy statement prohibiting FGM from 
being practiced in government clinics by health care providers. The MOH 
included the prevention of FGM as a subject in training curricula for 
traditional birthing attendants and midwives.
    Prostitution is not specifically addressed in the Penal Code. 
However, the code refers to ``crimes against decency/morality,'' which 
many interpret to apply to prostitution. Child prostitution is illegal 
under the Penal Code and the 2002 Child Protection Act. While contrary 
to societal and religious norms, prostitution was widespread and 
largely tolerated. Security forces reportedly participated in the 
running of brothels or protection rackets, which shielded brothels from 
prosecution. International sex tourism took place, especially on the 
islands of Batam and Karimun, both near Singapore.
    Sexual harassment is against the law. Although it is not explicitly 
mentioned, sexual harassment is actionable under the Criminal Code. 
According to a statement during the year by the State Ministry of 
Women's Empowerment, 90 percent of women and 25 percent of men have 
been victims of sexual harassment in the work place.
    Divorce was open to both men and women. Muslims who sought divorce 
generally turned to the Islam-based family court system as a faster and 
cheaper alternative to the national court system. Non-Muslims obtained 
divorces through the national court system. Due to prejudicial 
attitudes, women often faced a heavier evidentiary burden than men, 
especially in the family court system. Although both Islamic and 
national courts may award alimony, many divorcees received no alimony, 
since there was no system to enforce such payments. Men and women both 
keep the separate property they owned before marriage. If there is no 
prenuptial agreement, joint property is divided equally. The Marriage 
Law requires a woman who has become divorced to wait a certain period 
of time before remarrying, while a man can remarry immediately.
    The Citizenship Law stipulates that a child's citizenship is 
derived solely from the father. Children of citizen mothers and foreign 
fathers are considered foreigners and must have visas to remain in the 
country until age 18, when they can apply for citizenship. These 
children are prohibited from attending public schools. In cases when a 
citizen mother lived abroad with her foreign husband, divorce could 
involve child custody problems. The children of foreign women married 
to citizen men also faced difficulties. A foreign woman married to a 
citizen can obtain citizenship after 1 year, if desired.
    During the year, the Government continued to implement Shari'a in 
Aceh (see Section 2.c.). The most visible impact on women's rights 
appeared to be the enforcement of dress codes.
    Women faced considerable discrimination in the workplace, both in 
terms of obtaining positions and in gaining fair compensation for labor 
performed. In 2003, the International Labor Organization's (ILO) 
Jakarta office reported that on average, women's earnings were 68 
percent of that of men workers. In 2002, the Government stated that 14 
percent of women civil servants were in positions of authority, but 
only 38 percent of all civil servants were women, which meant that only 
5 percent of civil servants in positions of authority were women.
    Some activists said that, in manufacturing, employers relegated 
women to lower-paying, lower-level jobs. Many female factory workers 
were hired as day laborers instead of as full-time permanent employees, 
and companies were not required to provide benefits, such as maternity 
leave, to day laborers. According to the Government's Central 
Statistics Bureau, in 2002, the unemployment rate was higher for men 
than for women. If a husband and wife both worked for a government 
agency, the couple's head-of-household allowance was given to the 
husband. There were reports that female university graduates received 
an average salary that was 25 percent less than that of their male 
counterparts.
    A number of organizations promoted women's rights or otherwise 
addressed women's issues during the year, including Solidaritas 
Perempuan, Mitra Perempuan, LBH-Apik, and the International Catholic 
Migration Commission (ICMC).

    Children.--The Government stated its commitment to children's 
rights, education, and welfare, but it devoted insufficient resources 
to fulfill that commitment. In practice, most schools were not free of 
charge, and poverty put education out of reach of many children. Child 
labor and sexual abuse were serious problems. Although girls and boys 
ostensibly received equal educational opportunities, boys were more 
likely to finish school. In January 2003, the leader of the National 
Commission for Child Protection (Komnas PA) identified the most 
pressing problems related to the country's youth as child labor, child 
trafficking, child prostitution, street children, children in conflict 
areas, and undernourished children. The National Child Protection Act 
addresses economic and sexual exploitation of children as well as 
adoption, guardianship, and other problems; however, some provincial 
governments did not enforce its provisions.
    Children were casualties in areas of armed conflict. In Maluku, 
following the anniversary of the RMS movement in April, an unidentified 
person shot a 9-year-old child in Ambon. AI reported that in May, TNI 
used children, wives, and other relatives of GAM members from three 
different villages as human shields. They were instructed by TNI 
soldiers to hold bags of rice in front of themselves for shielding and 
walk through the forest ahead of soldiers searching for GAM members. 
The operation lasted from May 16 through May 18. According to AI, the 
TNI also used children to spy, cook, clean, and communicate. Local NGOs 
reported to AI that the GAM also used children, forcing them to act as 
informants, participate in arson, collect ``taxes,'' cook, and provide 
supplies. In addition, the GAM reportedly used teenagers as combatants.
    A newly established police child welfare hotline recorded a total 
of 576 cases of violence against children in East Java in the first 3 
months of the year. The increase in reported cases was likely the 
result of this new, more effective reporting mechanism rather than a 
reflection of a dramatic increase in actual cases of violence against 
children. Police received reports of domestic violence, sexual 
violence, and neglect.
    By law, children are required to attend 6 years of elementary 
school and 3 years of junior high school; however, in practice, the 
Government did not enforce these requirements. According to 2002 UNICEF 
data, school enrollment rates were 96 percent for children ages 7 to 
12, 79 percent for children ages 13 to 15, and 49 percent for children 
ages 16 to 18.
    Monthly fees for public schools varied from province to province 
and were based on average incomes. Some parents continued to find it 
difficult to afford to send their children to school. Including 
tuition, transportation costs, and school materials, primary and 
secondary schools could cost a family between $444 and $778 (4 million 
to 7 million rupiah) per year for each student. It was unclear how many 
children were forced to leave school to help support their families. In 
some areas of the country, parents and watchdog groups complained that 
corruption among public servants severely undermined the quality of 
education. Indonesian Corruption Watch reported that some principals in 
East Java, West Java, and North Sumatra bribed Education Ministry 
officials to secure funding for their schools.
    During the year, conflicts or the lingering effects of conflicts 
disrupted the education of some children. For example, during the 
renewed sectarian conflict in Ambon, Maluku, two Islamic schools were 
destroyed and several others were temporarily closed due to unsafe 
conditions. In Aceh Province, more than 603 school buildings were 
burned following the introduction of martial law in May 2003. The 
Government rebuilt 328 of these schools during the year; however, 
several hundred schools were destroyed by the December 26 tsunami.
    Many children grew up in poor health conditions. Malnutrition 
remained a serious problem. The country's infant mortality rate 
remained high. According to the Indonesia Demographic and Health Survey 
published in December 2003, there were 35 deaths for every 1,000 live 
births. There was improvement in under-5 mortality, but a lack of 
improvement in infant mortality led the Government to increase its 
focus on newborn healthcare.
    The number of street children across the country was unknown. 
Komnas PA estimated 50,000 nationwide, while a 2002 Family Health 
International study estimated the number at nearly 71,000. During the 
year, an NGO estimated the number of street children in the 12 largest 
cities had decreased slightly.
    Substantial numbers of street children were apparent in Jakarta and 
the Provinces of East Java, West Java, North Sumatra, and South 
Sulawesi. Surabaya, in East Java, was home to approximately 8,000 
street children, many reportedly susceptible to sexual abuse and 
violence. Approximately 40 shelters in the province provided services 
to such children. In August 2003, the Jakarta city government announced 
that it would establish a dormitory housing between 600 and 1,000 
street children. The city government also agreed to pay for the 
children's schooling and provide a stipend of approximately $58 
(522,000 rupiah) to the children's parents to help them set up home 
businesses. The shelter had not been opened by year's end. The 
Government continued to provide some shelters throughout the country, 
administered by local NGOs, and paid for the education of some street 
children. One NGO estimated that 5,000 children lived in these 
shelters. During the year, the Government designated $1 million (9 
million rupiah) to alleviate the problem of street children in Bandung, 
West Java, but the program was unsuccessful, reportedly due to 
corruption.
    Commercial sexual exploitation of children continued to be a 
serious problem. The number of child prostitutes in the country was 
unclear; however, an ILO assessment estimated there were approximately 
21,000 child prostitutes on the island of Java. In October 2003, a team 
of NGO and government health officials visited a prostitution complex 
in Riau Province and estimated that 30 to 40 percent of the 365 female 
sex workers there were under 18 years of age. Many teenage girls were 
forced into or found themselves caught in debt bondage. At times, law 
enforcement officials treated child sex workers as criminals rather 
than victims. Women's rights activists and religious groups accused 
government officials, including police and soldiers, of operating or 
protecting brothels that employed underage prostitutes. Corrupt civil 
servants issued identity cards to underage girls, facilitating entry 
into the sex trade. According to the Surabaya Social Department, of the 
6,703 sex workers in that city and its environs, 30 percent were under 
the age of 18. There also were reports of sexual exploitation of boys. 
NGOs reported long-active pedophile rings operating in Bali, and 
authorities arrested, tried, and convicted at least one man, an 
Australian, for pedophilia there.
    During the year, there were cases in which employment brokers paid 
parents advances of future salaries to be earned by their daughters. 
The child was required to repay the employment brokers. Researchers 
described a ``culture of prostitution'' in some parts of the country, 
where parents encouraged their daughters to work as big-city 
prostitutes and send the proceeds home.
    NGO observers said many girls were forced into prostitution after 
failed marriages they had entered into when they were 10 to 14 years of 
age. There was no obvious violation of the law, because their paperwork 
identified them as adults due to the fact they were once married.
    Child abuse is prohibited by law, but government efforts to combat 
child abuse generally have been slow and ineffective. NGOs reported 
that it continued to take excessively long to bring a child rape case 
to court and that mechanisms for reporting and dealing with child abuse 
were vague.
    Child labor was a problem. In January 2003, the ILO reported that 8 
million children under 18 were doing the work of adults (see Section 
6.d.).
    During the year, the Government began implementing a 1997 juvenile 
justice law that called for the creation of a juvenile court system. In 
cities where a juvenile court had not been established, ordinary courts 
adjudicated such cases. On August 13, Supreme Court Chief Justice Bagir 
Manan inaugurated the country's first juvenile court, located in 
Bandung, West Java. Komnas PA reported that more courts were starting 
to involve social workers in children's trials but that financial 
constraints kept social workers from being available at all such 
trials.
    A number of NGOs promoted children's rights, including Child 
Advocacy Network, National Commission on Child Protection, Center for 
Study and Child Protection, and Foundation for Indonesian Child 
Welfare.

    Trafficking in Persons.--Trafficking in persons is illegal under 
the Penal Code and the 2002 Child Protection Act; however, these laws 
are not comprehensive in their definition of trafficking. During the 
year, persons were trafficked to, from, and within the country for the 
purposes of prostitution and forced labor, including instances of debt 
bondage.
    In 2002, a national action plan to counter trafficking of women and 
children was approved by presidential decree. It identifies specific 
roles for the Government and civil society at both the national and 
local levels, and it includes goals for lawmaking and law enforcement. 
The Child Protection Act prohibits economic and sexual exploitation of 
children and also child trafficking. The act specifies severe criminal 
penalties and jail terms for persons who violate children's rights, 
including trafficking in persons. During the year, the Government 
finalized a comprehensive antitrafficking bill, and President Megawati 
submitted the bill to the DPR in August. The Government, with the help 
of NGOs, conducted public education efforts on trafficking. In January, 
North Sulawesi Province enacted the country's first broad province-
level antitrafficking in persons law. On September 30, the DPR passed 
legislation concerning the protection of migrant workers and the law on 
domestic violence.
    The Criminal Code lacks an adequate legal definition of trafficking 
in persons. The Solidarity Center and the ICMC identified laws that 
could be applied in cases of trafficking and related offenses. The 
Penal Code prohibits trade in women and male minors but is silent on 
female minors. The Child Protection Act provides for prison sentences 
of 3 to 15 years plus fines for child traffickers. In many cases, 
police and prosecutors continued to use the Penal Code against 
traffickers because they lacked familiarity with the relatively new 
Child Protection Act. However, the number of prosecutions based on the 
act increased. In the past, judges rarely sentenced traffickers to more 
than 3 years in prison. However, during the year, judges imposed 
increasingly heavy sentences on child traffickers, with some 
convictions resulting in 5- or 6-year jail terms. On September 16, a 
North Sumatra court sentenced Desi Prisanti Siregar to 13 years in jail 
for the trafficking of nine young women and girls into the sex trade in 
Malaysia.
    Reliable figures were not available on the number of persons 
trafficked. A study by the Solidarity Center and ICMC estimated there 
were between 2.4 and 3.7 million women and children who worked in the 
vulnerable categories of migrant workers, sex workers, and child 
domestic workers (see Section 5, Children). Within these categories, 
the estimated total number of children ranged from 254,000 to 422,000. 
These were not estimates of victims but rather of women and children 
vulnerable to trafficking.
    During the year, the Government, NGOs, and the media reported that 
women were trafficked to Malaysia, Japan, the Middle East (including 
Saudi Arabia and Kuwait), Taiwan, Hong Kong, Singapore, and other 
destinations. Malaysia was the destination for the greatest number of 
credibly documented cases of female trafficking victims.
    During the 12-month period ending in February, police investigated 
125 cases of trafficking in women and children, involving 160 
traffickers and 85 victims. Police submitted 67 of these cases for 
prosecution. At least 25 suspects were convicted. During the year, 
trafficking convictions increased to approximately 35 convictions, 
according to preliminary data.
    In June and July, police arrested six traffickers identified as the 
Rizal gang, reportedly responsible for selling hundreds of women as 
prostitutes in Malaysia. A Jakarta court convicted the six gang members 
in November but sentenced them to only 4 or 5 months in jail.
    The Singkawang District of West Kalimantan remained well known as 
an area from which poor, ethnic Chinese women and teenage girls between 
the ages of 14 and 20 were recruited as ``mail order'' brides for men 
primarily in Taiwan but also in Hong Kong and Singapore. In some cases, 
the women were trafficked for sex work and slavery-like servitude.
    In many cases, traffickers recruited girls and women under false 
pretenses. One tactic was to offer young women in rural areas jobs as 
waitresses or hotel employees in distant regions, including island 
resorts. After the new recruits arrived and incurred debts to their 
recruiters, they learned that they had been hired as prostitutes.
    Many trafficking victims became vulnerable to trafficking during 
the process of becoming migrant workers. Many unauthorized recruiting 
agents operated throughout the country and were involved in trafficking 
to various degrees, and some government-licensed recruiting agents also 
were implicated in trafficking. Recruiting agents often charged 
exorbitant fees leading to debt bondage and recruited persons to work 
illegally overseas, which increased the workers' vulnerability to 
trafficking and other abuses.
    The basic 3-month course that all police officers received did not 
include training on countertrafficking in persons. During the year, 
international agencies continued to provide police with specific 
training with regard to trafficking. Trafficking falls under the 
purview of the Criminal Investigation Department (CID). In 2003, the 
police established a separate antitrafficking unit within CID with 
operational and coordinating responsibilities. As a result, 
coordination within the police force and between the police and other 
interested departments on trafficking in persons improved somewhat 
during the year.
    The national police headquarters issued new instructions to 
district police chiefs to break up trafficking rings, assist victims, 
and report cases to national headquarters. However, credible sources 
noted that individual security force members were involved in setting 
up and protecting brothels. Traffickers and brothel owners reportedly 
paid protection money to security force members. Apart from police and 
soldiers, some government officials were complicit in trafficking, 
particularly in the production of false documents. The prevalence and 
ease of obtaining fraudulent national identity cards, which could 
document children as adults, contributed to the trafficking problem. 
Within society and the Government, there was continued reluctance to 
acknowledge that prostitution was a major problem.
    Domestic NGOs, with international support, led efforts to monitor 
and prevent trafficking, frequently in coordination with government 
agencies. These NGOs included the Consortium for Indonesian Migrant 
Workers Advocacy, LBH-Apik, Women's Aid and Protection Group, Women's 
Coalition (Koalisi Perempuan), and Solidaritas Perempuan.
    In 2003, the Government cooperated with Australia in investigating 
a trafficking ring sending Indonesian women into sexual servitude in 
Australia. Bilateral police cooperation led to the trial of at least 
one trafficker in Australia and the arrest of others in Indonesia. The 
Government also cooperated with Malaysia to investigate trafficking.
    The Government at various levels and to varying degrees assisted 
victims of trafficking, both domestically and abroad. National- and 
local-level assistance efforts increased compared with previous years 
but remained small in comparison with the scope of the problem. In 
general, government assistance was modest and focused on citizens 
trafficked abroad, while domestic assistance was minimal. Over the 
year, the Government and community groups established a number of new 
shelters for trafficking victims, including shelters in Batam, Riau 
Islands. The police increased the number of police women's desks, units 
established to help women and children who fall victim to violence 
including trafficking. The women's desks provided temporary shelter, 
special police handling, and some level of legal services for victims. 
The women's desks often cooperated with local NGOs to provide medical 
and psychological services and longer term shelter. However, distrust 
of police discouraged some victims from using these desks.
    The Government's policy is to ``treat persons who are trafficked 
not as criminals but as victims who need help and protection.'' During 
the year, the People's Welfare Coordinating Ministry and the Ministry 
of Women's Empowerment reinforced this policy in public settings and 
training programs for police and other officials. However, local 
government and police practice varied, particularly in the lower ranks 
of law enforcement agencies. Local governments, exercising greater 
authority under the country's decentralization program, sometimes 
enacted laws or regulations that tended to treat trafficked sex workers 
as criminals, contrary to national policy. In many instances, 
government officials and police actively protected and assisted 
victims. In other cases, police treated victims such as trafficked sex 
workers as criminals, subjected them to detention, and took advantage 
of their vulnerability to demand bribes and sexual services. The media 
and lower-level officials, including police, often failed to protect 
victims' identities and commonly provided victims' names to the public.
    The Government encouraged victims to assist in the investigation 
and prosecution of traffickers. The Government reported that victims 
frequently were reluctant or refused to provide testimony due to shame 
and fear of retribution against themselves or their families.

    Persons With Disabilities.--The law mandates access to buildings 
for persons with disabilities; however, the Government did not enforce 
this provision. The Disability Law requires companies that employ more 
than 100 workers to set aside 1 percent of their positions for persons 
with disabilities. However, the Government did not enforce the law, and 
persons with disabilities faced considerable discrimination. The law 
also mandates accessibility to public facilities for persons with 
disabilities; however, extremely few buildings and virtually no public 
transportation facilities provided such accessibility. Recent 
statistics on the number of persons with disabilities were not 
available. In 1999, the U.N. estimated the percentage of such persons 
at 5.4 percent of the population, or approximately 12 million persons; 
the Government put the number at 3 percent, or approximately 7 million 
persons. The Government classified persons with disabilities into four 
categories: Blind, deaf, mentally disabled, and physically disabled. 
The Constitution requires the Government to provide them with care; 
however, ``care'' is not defined, and the provision of education to 
children with disabilities never was inferred from the requirement.
    In urban areas, only a few city buses offered wheelchair access, 
and many of those have had their hydraulic lifts vandalized, rendering 
them unusable. In other cases, the space reserved for wheelchairs was 
occupied by other passengers because the bus conductors could earn more 
money.
    In 2003, the Government stated the country was home to 1.3 million 
children with disabilities but only 50,000 of them attended school. The 
true number of such children was believed to be much higher. The law 
provides children with disabilities with the right to an education and 
rehabilitative treatment. A government official alleged that many 
parents chose to keep their children with disabilities at home; 
however, many schools refused to accommodate such children, stating 
they lacked the resources to do so. According to the Government, there 
were 700 schools dedicated to educating children with disabilities; all 
but 41 of them were run privately. Some young persons with disabilities 
resorted to begging for a living.

    National/Racial/Ethnic Minorities.--The Government officially 
promotes racial and ethnic tolerance. Ethnic Chinese accounted for 
approximately 3 percent of the population, by far the largest 
nonindigenous minority group, and played a major role in the economy. 
Instances of discrimination and harassment of ethnic Chinese 
Indonesians declined compared with previous years. On April 14, then 
President Megawati publicly called on Immigration officials to stop 
asking ethnic Chinese citizens for a Republic of Indonesia Citizenship 
Certificate (SBKRI), a document not required of non-Chinese citizens; 
however, many ethnic Chinese citizens reported they were still 
frequently asked to show one. An attorney advocate for the rights of 
ethnic Chinese stated that more than 60 articles of law, regulation, or 
decree were in effect that discriminated against ethnic Chinese 
citizens. NGOs such as the Indonesia Anti-Discrimination Movement urged 
the Government to revoke these articles.
    In September 2003, approximately 50 ethnic Chinese families in the 
West Java city of Tangerang protested in front of the Tangerang Council 
building over the alleged sale of land traditionally used as a Chinese 
cemetery. The families complained that the sale of the land for a 
commercial development prevented them from being able to bury their 
dead beside loved ones. City councilors agreed to review the case, but 
there were no developments by year's end.
    During the year, some ethnic Chinese citizens complained that the 
Government had not done enough to prosecute those responsible for the 
1998 violence against them and their businesses.
    In Papua, TNI authorities estimated the number of OPM guerillas at 
620. These guerillas were poorly armed with an estimated 150 weapons 
ranging from modern M-16s to outdated Mausers. Indigenous Papuans 
complained that they were underrepresented in the civil service of that 
province; however, due largely to the partial implementation of the 
Special Autonomy Law and the creation of 14 new regencies in Papua, 
there was a large increase in the number of government positions for 
ethnic Papuans.
    Unlike in 2003, there were no reports of overt discrimination 
against Acehnese outside the province. However, some Acehnese reported 
that they were not comfortable saying they were from Aceh, faced extra 
scrutiny when trying to leave the country, and resented having a 
different identity card.

    Indigenous People.--The Government views all citizens as 
``indigenous,'' with the exception of ethnic Chinese; however, it 
recognizes the existence of several ``isolated communities'' and their 
right to participate fully in political and social life. These 
communities include such groups as the myriad Dayak tribes of 
Kalimantan, families living as sea nomads, and the 312 officially 
recognized indigenous groups in Papua. During the year, indigenous 
people remained subject to widespread discrimination, and there was 
little improvement in respect for their traditional land rights. Mining 
and logging activities, many of them illegal, posed significant social, 
economic, and logistical problems to indigenous communities. The 
Government failed to stop domestic and multinational companies, often 
in collusion with the local military and police, from encroaching on 
indigenous people's land.
    In Sumatra, where there were many lowland tropical forests, 
corporate interests continued to take over lands traditionally claimed 
by indigenous communities, who relied on them for rice farming and 
rubber tapping. HRW and other NGOs reported that the creation of huge 
plantations to serve the paper and pulp industry threatened the 
livelihoods of many indigenous people. Some indigenous people 
unsuccessfully filed land claims with the authorities. In 2003, in the 
Sumatran subdistrict of Porsea, local citizens and environmental 
groups, including WALHI, condemned the Government's decision to reopen 
a pulp company, PT Toba Pulp Lestari (formerly PT Indorayon), which was 
closed in 2002. The company's pulp mills were blamed for far-reaching 
environmental degradation, and at least five persons involved in the 
dispute had been killed in recent years. Komnas HAM noted that both 
sides in the dispute had committed significant human rights violations.
    Unlike in previous years, indigenous peoples in Sulawesi reportedly 
did not protest development projects in their traditional lands.
    In Papua, tensions continued between indigenous Papuans and 
migrants from other provinces, between residents of coastal and inland 
communities, and among tribes. Some in the indigenous community accused 
the newcomers of price gouging and condescension, while some newcomers 
claimed that indigenous Papuans treated them with resentment and 
suspicion.
    In Central Kalimantan, relations between indigenous Dayaks and 
ethnic Madurese transmigrants remained poor in the wake of 2001 
interethnic violence. However, at least 45,000 displaced ethnic 
Madurese returned to Central Kalimantan during the year. Relations 
between the two groups also remained poor in West Kalimantan, where 
former residents of Madurese descent were obstructed in their attempts 
to reclaim their property.
    Human rights activists said that the government-sponsored 
transmigration program violated the rights of indigenous people, bred 
social resentment, and encouraged the exploitation and degradation of 
natural resources on which many indigenous persons relied. In some 
areas, such as parts of Sulawesi, the Malukus, Kalimantan, Aceh, and 
Papua, relations between transmigrants and indigenous people were 
hostile. Some indigenous groups claimed that they received less 
government support than transmigrants, and some transmigrants claimed 
that in some cases they were moved to areas with undesirable land or 
where the land's ownership was in dispute.

    Other Societal Abuses and Discrimination.--There was some societal 
discrimination against persons with HIV/AIDS. Some individuals received 
prejudicial treatment at medical centers, saw their confidential 
laboratory results released, or had their identity published in a 
newspaper. In most if not all such cases, the Government failed to take 
corrective action. However, the Government encouraged tolerance, took 
steps to prevent new infections, and drew up plans to subsidize 
antiretroviral drugs.
Section 6. Worker Rights
    a. The Right of Association.--The 2000 Trade Union Act provides 
broad rights of association for workers, and workers exercised these 
rights. The law allows workers to form and join unions of their choice 
without previous authorization or excessive requirements, and workers 
did so in practice. The law stipulates that 10 or more workers have the 
right to form a union, with membership open to all workers, regardless 
of political affiliation, religion, ethnicity, or gender. Private 
sector workers are by law free to form worker organizations without 
prior authorization, and unions may draw up their own constitutions and 
rules and elect representatives. The Government records, rather than 
approves, the formation of a union and provides it with a registration 
number. Under the law, 86 union federations notified the Ministry of 
Manpower and Transmigration (the Manpower Ministry) of their existence. 
In addition, more than 18,000 workplace-level units registered with the 
Manpower Ministry.
    According to an ILO estimate made during the year, the country's 
total labor force consisted of approximately 100 million workers, 42 
percent of whom worked in the agricultural and forestry sector. The 
Government estimated total trade union membership at 9.7 million 
workers, just below 10 percent of the total workforce. However, if 
compared to the country's 23.8 million regular employees (a category 
that excludes the self-employed, employers, casual workers, and unpaid 
workers), union membership would reach almost 41 percent.
    The law allows the Government to petition the courts to dissolve a 
union if it conflicts with the state ideology of Pancasila or the 
Constitution, or if a union's leaders or members, in the name of the 
union, commit crimes against the security of the State and are 
sentenced to at least 5 years in prison. Once a union is dissolved, its 
leaders and members may not form another union for at least 3 years. 
There were no reports that the Government dissolved any unions during 
the year.
    In May, a Jakarta court dismissed all charges filed by prosecutors 
against leaders of the Indonesian Seafarers' Union, thereby upholding 
their 2001 election. Former Manpower Ministry officials, who led the 
union during the Suharto era, had convinced prosecutors to argue that 
the 2001 election was invalid and that former union officials should 
resume control over the union.
    The Labor Union Act prohibits antiunion discrimination by employers 
and others against union organizers and members, and it provides 
penalties for violations; however, the Government did not effectively 
enforce the law in many cases. There were frequent, credible reports of 
employer retribution against union organizers, including dismissals and 
violence, that were not prevented effectively or remedied in practice. 
Some employers warned employees against contact with union organizers. 
Some unions claimed that strike leaders were singled out for layoffs 
when companies downsized. Legal requirements existed for employers to 
reinstate workers fired for union activity, although in many cases the 
Government did not enforce this effectively.
    The Indonesia National Workers Struggle Front charged that 
employers dismissed its officials from at least five companies, 
allegedly because of their union activities. In March, the Indonesian 
Prosperity Trade Union Confederation (KSBSI) filed a freedom of 
association complaint with the ILO regarding PD. Jaya Bersama, a 
Jakarta company processing birds' nests for Chinese cooking, and its 
firing of 11 union officials and members allegedly for their union 
activities. In response, in May the Manpower Ministry conducted a labor 
inspection that found numerous labor violations, including child labor, 
but took no corrective action. According to accounts by the Seafarers 
Union of Burma (SUB), police in Tual, North Maluku, arrested and 
allegedly beat six Burmese SUB members because of their attempts to 
organize Burmese fishermen present in the country. Police claimed they 
acted because of immigration violations, not at the behest of Thai 
fishing boat captains, as SUB had alleged. The Government deported the 
six Burmese sailors.
    The law recognizes civil servants' freedom of association and right 
to organize. In 2002, employees of several ministries began to form 
employee associations, and union organizations began to seek members. 
Unions also sought to organize state-owned enterprise (SOE) employees, 
although they encountered some resistance from enterprise management, 
and the legal basis for registering unions in SOEs remained unclear.

    b. The Right to Organize and Bargain Collectively.--The law allows 
unions to conduct their activities without interference; however, the 
Government often did not protect this right in practice. The law 
provides for collective bargaining and allows workers' organizations 
that register with the Government to conclude legally binding 
collective labor agreements (CLAs) with employers and to exercise other 
trade union functions. The law includes some restrictions on collective 
bargaining, including a requirement that a union or unions represent 
more than 50 percent of the company workforce to negotiate a CLA.
    In 2003, the DPR passed the Manpower Development and Protection Act 
(Manpower Act), which regulates collective bargaining, the right to 
strike, and general employment conditions. The act does not apply to 
SOEs. The ILO provided technical assistance in the development of the 
law, which generally meets ILO standards. Some unions remained opposed 
to the law, claiming it contains inadequate severance benefits, 
insufficient protection against arbitrary terminations, insufficient 
restrictions against outsourcing, and legalization of child labor under 
some conditions. The Government continued to issue implementing decrees 
for the Manpower Act.
    In January, the President approved the Industrial Relations 
Disputes Settlement Act that, together with the 2000 Trade Union Act 
and the 2003 Manpower Act, constitutes the revised legal basis for 
industrial relations and worker rights. The Disputes Settlement Act 
stipulates a new system of tripartite labor courts, replacing the 
previous tripartite committees. The act also outlines settlement 
procedures through mediation and arbitration. The ILO provided 
assistance in the development of the law. The Government had not 
established the new labor court system by year's end.
    According to the Manpower Ministry, in July there were 9,122 CLAs 
in effect between unions and private companies. Company regulations, 
allowed for under government regulations, substituted for CLAs in 
another 36,274 companies, many of which did not have union 
representation. In addition, in 2003 there were 59 labor agreements in 
effect between unions and state enterprises and another 65 agreements 
between nonunionized workers and state enterprises. The Manpower Act 
requires that employers and workers form bipartite bodies (joint 
employer/worker committees) in companies with 50 or more workers, a 
measure to institutionalize bipartite communications and consensus 
building. However, the number of such bodies did not increase 
significantly after passage of the act.
    All workers, whether or not they are union members, have the legal 
right to strike, except for public sector workers and those involved in 
public safety activities. The law allows workers in these latter 
categories to carry out strikes if they are arranged not to disrupt 
public interests or endanger public safety. Private sector workers 
exercised their right to strike, as did those in state enterprises, 
although the latter group did so with less frequency. The large 
majority of government-recorded strikes involved nonunion workers. 
Unions or workers' representatives must provide 7 days' notice to carry 
out a legal strike. The law calls for mediation by local Manpower 
Ministry officials but does not require government approval of strikes. 
In previous years, workers and employers rarely followed dispute 
settlement procedures, and workers rarely gave formal notice of the 
intent to strike because Manpower Ministry procedures were slow and had 
little credibility among workers. The 2003 passage of the Manpower Act 
did not significantly change this situation.
    The underpayment or nonpayment of legally required severance 
packages precipitated strikes and labor protests. The Solidarity Center 
documented cases in which foreign employers in the garment and footwear 
industry, faced with falling orders and plant closures, fled the 
country to avoid making legally required severance payments.
    Labor activists also reported that factory managers in some 
locations employed thugs to intimidate and assault trade union members 
who attempted to organize legal strike actions. At times, the police 
intervened inappropriately and with force in labor matters, usually to 
protect employers' interests. On September 8, approximately 200 police 
assaulted striking workers at PT Shamrock Manufacturing Corporation in 
Medan, a clash that injured several workers and police. The workers had 
been on strike for 1 month, following the company's dismissal of 14 
union officials affiliated with the Medan Independent Workers Union. 
The company also had employed local thugs to put down the strike, 
according to media sources. To develop standards of conduct in labor 
disputes, the national police participated fully in an ILO worker 
rights training program initiated during this period.
    Pending implementation of the 2004 Disputes Settlement Act and its 
new labor court system, regional and national labor dispute resolution 
committees continued to adjudicate charges of antiunion discrimination. 
The committees' decisions could be appealed to the State Administrative 
Court. However, due to a history of adverse decisions for labor and the 
long time necessary to process disputes, sometimes requiring years, 
many unions believed that these committees were not realistic 
alternatives for settling disputes. As a result, workers frequently 
presented their grievances directly to Komnas HAM, the DPR, or NGOs. 
Administrative decisions in favor of dismissed workers usually took the 
form of monetary awards but rarely reinstated workers. The law required 
that employers obtain the approval of the labor dispute resolution 
committee before firing workers, but employers often ignored the law in 
practice.
    There are no special laws or exemptions from regular labor laws in 
export processing zones (EPZs). However, nongovernmental observers, 
including the Solidarity Center, described stronger antiunion sentiment 
and actions by employers in EPZs.

    c. Prohibition of Forced or Compulsory Labor.--The law prohibits 
forced labor or compulsory labor, including by children; however, there 
were reports that such practices occurred (see Section 5).
    The Government tolerated forms of compulsory labor practiced in the 
migrant worker recruitment process. The unscrupulous practices of 
migrant worker recruiting agencies, or Perusahan Jasa Tenaga Kerja 
Indonesia (PJTKI), and poor enforcement of government regulations often 
led to debt bondage and extended, unlawful confinement. According to 
press reports and research by the Solidarity Center, recruiting 
agencies frequently kept migrant workers in holding centers for months 
before sending them abroad. While in the holding centers, migrant 
workers normally did not receive pay, and recruiters often did not 
allow them to leave the centers. In most instances, workers were forced 
to pay recruiters for the cost of their forced stay, which resulted in 
large debts to the recruiters. In what the Solidarity Center and other 
NGOs described as commonplace, the Jakarta Post newspaper reported in 
July that guards at a migrant worker holding center caught and beat a 
prospective worker, Fadijah, who attempted to escape from the center in 
South Jakarta. Local residents rescued Fadijah and took the guards to a 
local police station. Tired of waiting for a promised job in Malaysia, 
Fadijah reported that she tried to return to her home but the PJTKI 
would not allow her to leave the center until she had paid a debt of 
$280 (2.5 million rupiah).
    Forced and compulsory labor by children occurred (see Section 
6.d.).

    d. Prohibition of Child Labor and Minimum Age for Employment.--The 
law prohibits children from working in hazardous sectors and the worst 
forms of child labor, to include mining, skin diving, construction, 
prostitution, and offshore fishing platforms. However, the Government 
did not enforce these laws effectively. Law, regulations, and practice 
acknowledged that some children must work to supplement family incomes. 
The Manpower Act prohibits the employment of children, defined as 
persons under 18, with the exception of those 13 to 15 years of age, 
who may work no more than 3 hours per day and only under a number of 
other conditions, such as parental consent, no work during school 
hours, and payment of legal wages. The law does not appear to address 
exceptions for children ages 16 to 17.
    The National Child Protection Act addresses economic and sexual 
exploitation, including child prostitution, child trafficking, and the 
involvement of children in the narcotics trade. The law provides severe 
criminal penalties and jail terms for persons who violate children's 
rights. During the year, the Government prosecuted a small number of 
cases under this act.
    The Government has a national action plan to eliminate the worst 
forms of child labor, as well as separate national action plans for 
combating trafficking and for eliminating the commercial sexual 
exploitation of children.
    Child labor remained a serious problem in the country. An estimated 
6 to 8 million children exceeded the legal 3-hour daily work limit, 
working in agriculture, street vending, mining, construction, 
prostitution, and other areas. More children worked in the informal 
than the formal sector. Some children worked in large factories, but 
their numbers were unknown, largely because documents verifying age 
could be falsified easily. Children worked in industries such as rattan 
and wood furniture, garment, footwear, food processing, and toy making, 
and also in small-scale mining operations. Many girls between 14 and 16 
years of age worked as live-in domestic servants. The ILO informally 
estimated that 700,000 children worked as servants. Many child servants 
were not allowed to study and were forced to work long hours, received 
low pay, and generally were unaware of their rights.
    The law and regulations prohibit bonded labor by children; however, 
the Government was not effective in eliminating forced child labor, 
which remained a serious problem. A significant number of children 
worked against their will in prostitution, pornography, begging, drug 
trafficking, domestic service, and other exploitative situations, 
including a small number on fishing platforms (see Section 5).
    Enforcement of child labor laws remained largely ineffective. 
Despite legislative and regulatory measures, most children who worked, 
including as domestics, did so in unregulated environments. Anecdotal 
evidence suggested that local labor officials carried out few child 
labor investigations.

    e. Acceptable Conditions of Work.--Provincial and district 
authorities, not the central Government, establish minimum wages, which 
vary by province, district, and sector. Provincial authorities 
determined provincial minimum wage levels based on proposals by 
tripartite (workers, employers, and government) provincial wage 
commissions. The provincial minimum wage rates establish a floor for 
minimum wages within the province. Local districts set district minimum 
wages using the provincial levels as references. Districts also set 
minimum wages in some industrial sectors on an ad hoc basis. Provinces 
and districts conducted annual minimum wage rate negotiations, which 
often produced controversy and protests.
    The minimum wage levels set by most local governments did not 
provide a worker and family with a decent standard of living. Most 
province-level minimum wage rates fell below the Government's own 
calculation of basic minimum needs. Jakarta offered the highest minimum 
wage level $74 (671,550 rupiah) per month, while East Java stipulated 
the lowest at $34 (310,000 rupiah) per month. In December, workers in 
Jakarta protested the Governor's decision to raise the monthly minimum 
wage by only 6 percent to $78 (711,843 rupiah), which fell below the 
government-determined minimum living standard. Employers argued that 
increasing wage rates, among a number of other factors, made the 
country's workers less competitive internationally and limited job 
growth in the industry.
    Local manpower (Disnaker) officials are responsible for enforcing 
minimum wage regulations. Enforcement remained inadequate, particularly 
at smaller companies and in the informal sector. In practice, official 
minimum wage levels applied only in the formal sector, which accounted 
for 35 percent of the workforce.
    Labor law and ministerial regulations provide workers with a 
variety of benefits. Persons who worked at more modern facilities often 
received health benefits, meal privileges, and transportation. The law 
also requires employers to register workers with and pay contributions 
to the state-owned insurance agency JAMSOSTEK; however, at year's end, 
companies had registered only 23 million workers, according to 
JAMSOSTEK.
    The law establishes a 40-hour workweek, with one 30-minute rest 
period for every 4 hours of work. Companies often required a 5-and-a-
half or 6-day workweek. The law also requires at least 1 day of rest 
weekly. The daily overtime rate was 1.5 times the normal hourly rate 
for the first hour and double the hourly rate for additional overtime, 
with a maximum of 3 hours of overtime per day and no more than 14 hours 
per week. Workers in industries that produced retail goods for export 
frequently worked overtime to meet contract quotas. Unions complained 
that companies relied upon excessive overtime in some electronics 
assembly plants, to the detriment of workers' health and safety. 
Observance of laws regulating benefits and labor standards varied 
between sectors and regions. Employer violations of legal requirements 
were fairly common, resulting in some strikes and protests. The 
Manpower Ministry continued to urge employers to comply with the law; 
however, government enforcement and supervision of labor standards were 
weak.
    Both law and regulations provide for minimum standards of 
industrial health and safety. In practice, the country's worker safety 
record was poor. As revealed in press reports, JAMSOSTEK recorded 
105,846 occupational accidents in 2003, an increase from 103,804 in 
2002. Local Disnaker officials have responsibility for enforcing health 
and safety standards.
    In larger companies, the quality of occupational health and safety 
programs varied greatly. Health and safety standards in smaller 
companies and in the informal sector tended to be weaker or 
nonexistent. Workers are obligated to report hazardous working 
conditions, and employers are forbidden by law from retaliating against 
those who do report hazardous working conditions; however, the law was 
not enforced effectively.

                               __________

                                 JAPAN

    Japan is a parliamentary democracy based on its 1947 Constitution. 
Sovereignty is vested in the citizenry, and the Emperor is defined as 
the symbol of state. Executive power is exercised by a cabinet, 
composed of a prime minister and ministers of state, which is 
responsible to the Diet, a two house parliament. The Diet, elected by 
universal suffrage and secret ballot, designates the Prime Minister, 
who must be a member of that body. The most recent national elections 
were in July. The Liberal Democratic Party (LDP) and the Komeito Party 
make up the current coalition government headed by Prime Minister 
Junichiro Koizumi. The judiciary is generally independent.
    The Self-Defense Forces are responsible for external security and 
have limited domestic security responsibilities. The well organized and 
disciplined police force is effectively under the control of the 
civilian authorities. However, there continued to be credible reports 
that police committed some human rights abuses.
    In spite of a lengthy economic downturn, the industrialized, free 
market economy continued to provide the approximately 127,580,000 
residents with a high standard of living and high levels of employment.
    The Government generally respected the human rights of its 
citizens; however, there were problems in some areas. There continued 
to be credible reports that police and prison officials physically and 
psychologically abused prisoners and detainees. Violence against women 
and children, child prostitution, and trafficking in women were 
problems. Women, the Ainu (the country's indigenous people), the 
Burakumin (a group whose members historically were treated as 
outcasts), and alien residents experienced varying degrees of 
discrimination, some of it severe and longstanding.
    According to Ministry of Justice (MOJ) figures, the Legal Affairs 
Bureau offices and civil liberties volunteers dealt with 359,971 human 
rights related complaints and 18,786 reports of suspected human rights 
violations during 2003. Staffing constraints and limited legal powers 
make this administrative system weak, and many of these cases were 
ultimately resolved in the courts.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Arbitrary or Unlawful Deprivation of Life.--There were no 
reports of the arbitrary or unlawful deprivation of life committed by 
the Government or its agents during the year.
    In 2002, an inmate at Nagoya Prison died after guards, as a 
disciplinary measure, used leather handcuffs and body belts too tightly 
cinched (see Section 1.c.). In 2001, two Nagoya prison guards 
reportedly sprayed a high-power water hose at an ``unruly'' inmate, 
resulting in his death the following day. In April, one guard was given 
a suspended 2-year prison sentence; the second guard's case remains 
open. In the outcome of his March 2003 trial, the warden was warned to 
prevent further abuses by his subordinates.
    In November 2003, relatives of a deceased prisoner and three former 
inmates sued the Government for abuses suffered in Nagoya prison 
between 2001 and 2002. At year's end, several civil cases against 
Nagoya prison guards were still pending.

    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 Penal 
Code prohibits violence and cruelty toward suspects under criminal 
investigation; however, reports by several bar associations, human 
rights groups, and some prisoners indicated that police and prison 
officials sometimes used physical violence, including kicking and 
beating, as well as psychological intimidation, to obtain confessions 
from suspects in custody or to enforce discipline. The National Police 
Law permits persons to lodge complaints against the police with 
national and local public safety commissions. These commissions may 
direct the police to conduct investigations. However, public confidence 
in the system remained low, and allegations persisted that the police 
and the public safety commissions remained lax in investigating charges 
of police misconduct.
    The Constitution and the Criminal Code include safeguards to ensure 
that no criminal suspect can be compelled to make a self incriminating 
confession or be convicted or punished in cases where the only evidence 
against the accused is his own confession. The appellate courts 
overturned some convictions in recent years on the grounds that they 
were obtained as a result of coerced confessions. In addition, civil 
and criminal suits alleging abuse during interrogation and detention 
have been brought against some police and prosecution officials.
    Approximately 90 percent of all criminal cases going to trial 
included confessions, reflecting the priority the judicial system 
placed on admission of guilt. Confession was regarded as the first step 
in the rehabilitative process. The Government maintained that the high 
percentage of confessions, like the high conviction rate, reflected a 
higher standard of evidence needed to bring about indictment in the 
judicial system.
    During the year, the use of leather restraining body belts was 
abolished. Softer leather handcuffs without body belts were instituted 
as substitute restraining devices.
    Prison conditions met international standards; however, several 
facilities were overcrowded, unheated, and medically understaffed.
    Prisoners were not allowed to purchase or receive supplementary 
food. While death records are kept for 10 years, many of them lacked 
detailed explanations regarding the cause of death. The prison deaths 
and abuses made public in 2003 have sparked an ongoing review of the 
prison system (see Section 1.a.).
    Prisons operated at an average 117 percent capacity. In some 
institutions, two inmates were placed in cells designed for one inmate, 
and eight or nine in cells meant for six.
    In spite of the MOJ's request in 2001 for installation of heaters 
in prisons, most facilities remained unheated and without air 
conditioning. Inmates were not given sufficient clothing and blankets 
to protect themselves against cold weather, and there continued to be 
cases of frostbite among the prison population, particularly in Niigata 
Prefecture.
    According to prison officials at Fuchu and Yokohama prisons, 
medical attention was inadequate. The MOJ's Corrections Bureau likewise 
acknowledged that correctional facilities lacked medical preparedness. 
The Government's Project Team on Medical Issues of Correctional 
Institutions continued to consult with related organizations on such 
issues as increasing medical staff, upgrading medical conditions during 
nights and weekends, and strengthening cooperative relationships with 
medical institutions in the community. In May, the Minister formed a 
subcommittee to improve prison medical facilities.
    According to the Japan Federation of Bar Associations (JFBA), the 
authorities may read letters sent or received by prisoners. If the 
content is deemed ``inappropriate,'' the letter may be censored or 
confiscated. All visits with convicted prisoners were monitored; 
however, prisoners whose cases were pending were allowed private access 
to their legal representatives.
    The MOJ is not required to inform a condemned inmate's family prior 
to the person's execution. Human rights organizations reported that 
lawyers also were not told of an execution until after the fact and 
that death row prisoners were held for years in solitary confinement 
with little contact with anyone but prison guards. Parole may not be 
granted for any reason, including medical and humanitarian reasons, 
until an inmate has served two-thirds of his or her sentence.
    The JFBA and human rights groups have criticized the prison system, 
with its emphasis on strict discipline and obedience to numerous rules. 
Prison rules remained confidential. While the Prison Law Enforcement 
Regulation stipulates that the maximum time prisoners may be held in 
single cells is 6 months, wardens continued to have broad leeway in 
enforcing punishments selectively, including ``minor solitary 
confinement,'' which may be imposed for a minimum of 1 and not more 
than 60 days. Prisoners were sometimes forced to kneel motionless in an 
empty cell for several hours at a time; however, foreigners and the 
handicapped were allowed to sit on a hard stool, at the discretion of 
the prison warden.
    In December, the Upper House passed both a Crime-Victims law and a 
revision to the 1908 Prison Law. The Crime-Victims law calls for 
compensation and counseling for crime victims, upholding victims' 
rights, and providing victims with criminal investigation information. 
Aimed at toughening penalties against felons, the Penal Code revision 
establishes new charges for gang rape, increases maximum prison terms 
and penalties for life-threatening crimes, and extends the statute of 
limitations for prosecuting capital offenses from 15 to 25 years.
    In February 2003, the Government ratified the Convention on the 
Transfer of Sentenced Persons, allowing foreign prisoners to petition 
to serve their sentences in their home country. The Government added 
the stipulation that prisoners must serve at least one-third of their 
sentence in Japan before petitions will be considered. Since February 
2003, 27 American prisoners have applied for transfers, but only 1 has 
been returned to the United States; 9 others have either completed 
their sentences while waiting or withdrew their requests.
    Women and juveniles were housed in separate facilities from men; 
however, male prison guards sometimes guarded women prisoners. During 
the year, a male prison warden was charged with ``violence and cruelty 
by a special public officer'' for engaging in sexual acts with a female 
inmate awaiting trial. During the year, some women's detention 
facilities were operating over stated capacity. Pretrial detainees were 
held separately from convicted prisoners.
    While the Government limited access by human rights groups to 
detention facilities, prison visits were allowed. However, Amnesty 
International reported that human rights groups were not allowed access 
to Nagoya prison because of ongoing court cases related to alleged 
abuses.

    d. Arbitrary Arrest or Detention.--The Constitution prohibits 
arbitrary arrest and detention, and the Government generally observed 
these prohibitions. The law provides for judicial determination of the 
legality of detention. Persons may not be detained without charge, and 
prosecuting authorities must be prepared to demonstrate that probable 
cause exists to detain the accused. Under the law, a suspect may be 
held in detention at either a regular detention facility or 
``substitute'' (police) detention facility for up to 72 hours. A judge 
must interview suspects prior to detention. A judge may extend 
preindictment custody by up to two consecutive 10 day periods based on 
a prosecutor's application. These extensions were sought and granted 
routinely. Under extraordinary circumstances, prosecutors may seek an 
additional 5-day extension, bringing the maximum period of 
preindictment custody to 28 days.
    The National Police Safety Commission oversees the National Police 
Agency (NPA), which has six internal bureaus: The Secretariat, the 
Administration Bureau, the Criminal Investigation Bureau, the Traffic 
Bureau, the Security Bureau, and the Communications Bureau; and 
regional bureaus in Shikoku, Kyushu, Tohoku, Kanto, Chubu, Kinki, and 
Chugoku. The Tokyo Metropolitan Police Communications Division and the 
Hokkaido Prefecture Police Communications Division functioned as local 
units with more autonomy than the units under regional jurisdictions. 
In addition, each prefecture has a prefectural police safety commission 
as well as a prefectural police agency, which was primarily funded by 
the prefecture's budget. In 2003, there were 14,111 kobans (police 
boxes) located throughout the country. Corruption and impunity were not 
problems within either the national or the prefectural police forces.
    Under the Criminal Procedure Code, police and prosecutors have the 
power to control or limit access by legal counsel when deemed necessary 
for the sake of an investigation. Counsel may not be present during 
interrogations at any time before or after indictment. As a court-
appointed attorney is not approved until after indictment, suspects 
must rely on their own resources to hire an attorney before indictment, 
although local bar associations provided detainees with limited free 
counseling. Critics charged that access to counsel was limited both in 
duration and frequency; however, the Government denied that this was 
the case. Incommunicado detention could be used for up to 23 days.
    Critics charged that allowing suspects to be detained by the same 
authorities who interrogated them heightened the potential for abuse 
and coercion. The Government countered that cases of persons sent to 
police detention facilities tended to be those in which the facts were 
not in dispute. An MOJ regulation permits officials to limit the amount 
of documentation related to ongoing court cases retained by prisoners.
    The Law for Expediting Court Procedure became effective in 2003. 
The average trial period in 2003 was 3.2 months for criminal cases and 
8.2 months for civil cases. The length of time before a suspect was 
brought to trial depended on the nature of the crime, but rarely 
exceeded 3 months from the date of arrest; the average was 1 to 2 
months.

    e. Denial of Fair Public Trial.--The Constitution provides for an 
independent judiciary, and the Government generally respected this 
provision in practice. The Cabinet appoints judges for 10-year terms, 
which can be renewed until judges reach the age of 65. Justices of the 
Supreme Court can serve until the age of 70, but face periodic review 
through popular referendums.
    There are several levels of courts, including high courts, district 
courts, family courts, and summary courts, with the Supreme Court 
serving as the final court of appeal. Normally a trial begins at the 
district court level, and a verdict may be appealed to a higher court, 
and ultimately, to the Supreme Court. The Government generally 
respected in practice the constitutional provisions for the right to a 
speedy and public trial by an impartial tribunal in all criminal cases. 
Although most criminal trials were completed within a reasonable length 
of time, cases occasionally took several years to work their way 
through the trial and appeals process.
    In July 2003, the Diet passed legislation aimed at reducing the 
average time required to complete criminal trials and civil trials that 
include witness examination. Its provisions include hiring substantial 
numbers of additional court and MOJ personnel, revising bar 
examinations, establishing new graduate law schools to increase the 
overall number of legal professionals three-fold by 2010, and requiring 
that courts and opposing litigants jointly work to improve trial 
planning by allowing for earlier evidence collection and disclosure. 
The advisory panel on judicial reform released the official standards 
for setting up graduate law schools, and in March, 68 universities (22 
public and 46 private) opened new law schools.
    The July 2003 law also makes the Supreme Court responsible for 
accelerating proceedings in lower courts, imposes a 2 year time limit 
for courts to bring criminal and civil trials to conclusion, and 
requires the Government to take the legal and financial measures 
necessary to accomplish these goals.
    A defendant is informed of the charges upon arrest and is assured a 
public trial by an independent civilian court with defense counsel and 
the right of cross-examination. There was no trial by jury; however, a 
judicial reform bill passed in May will allow serious criminal cases to 
be tried by a six-person, randomly selected jury and panel of judges. 
The law was scheduled to take effect in 2009.
    The defendant is presumed innocent. The Constitution provides 
defendants with the right not to be compelled to testify against 
themselves as well as to free and private access to counsel; however, 
the Government contended that the right to consult with attorneys is 
not absolute and can be restricted if such restriction is compatible 
with the spirit of the Constitution. Access sometimes was abridged in 
practice; for example, the law allows prosecutors to control access to 
counsel before indictment, and there were allegations of coerced 
confessions (see Section 1.d.). Defendants are protected from the 
retroactive application of laws and have the right of access to 
incriminating evidence after a formal indictment. However, the law does 
not require full disclosure by prosecutors, and material that the 
prosecution does not use in court may be suppressed. Critics claimed 
that legal representatives of defendants did not always have access to 
all needed relevant material in the police record. A defendant who is 
dissatisfied with the decision of a trial court of first instance may 
appeal to a higher court.
    No guidelines mandate the acceptable quality of communications 
between judges, lawyers, and non-Japanese speaking defendants, and no 
standard licensing or qualification system for certifying court 
interpreters exists. A trial may proceed even if the accused does not 
understand what is happening or being said. Foreign detainees 
frequently claimed that police urged them to sign statements in 
Japanese that they could not read and were not translated adequately.
    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.
    In April 2003, the Public Security Investigation Agency extended 
surveillance of the terrorist group Aleph (formerly known as Aum 
Shinrikyo) because the Government declared the group still posed a 
danger to society.
    In 2002, the Defense Agency confirmed reports that it had violated 
a law protecting personal information when it compiled lists of 
citizens seeking official documents. A privacy bill to prevent such 
actions passed the Diet in May 2003.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The Constitution provides for 
freedom of speech and of the press, and the Government generally 
respected these rights in practice. An independent press, an effective 
judiciary, and a functioning democratic political system combined to 
ensure freedom of speech and of the press.
    In July 2003, the Diet passed legislation prohibiting the 
solicitation of sex from minors through the Internet (see Section 5). 
The Japan Internet Providers Association and the Telecom Services 
Association expressed concerns about the definitions of child 
prohibited sites and about the actions providers are required to take 
to prevent illegal use of Internet sites.
    Academic freedom was not restricted. The Science, Technology, and 
Education Ministry's authority to order revisions to elementary, 
middle, and high school textbooks based on national curriculum 
guidelines remained a source of domestic and international controversy.

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

    c. Freedom of Religion.--The Constitution provides for freedom of 
religion, and the Government generally respected this right in 
practice.
    Members of the Unification Church alleged that police did not 
respond to allegations of forced deprogramming of church members. While 
deprogramming cases decreased during the year, a Unification Church 
spokesman reported that prosecutors dropped two cases due to 
insufficient evidence. Although one member reportedly was kidnapped by 
her family during the year, the Unification Church did not report the 
case to police. Concerns remained regarding the tendency of officials 
to judge deprogramming as a family matter. Unlike in previous years, 
members of the Jehovah's Witnesses reported that their religious rights 
were respected by the Government 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.
    Citizens have the right to travel freely both within the country 
and abroad, to change their place of residence, to emigrate, and to 
repatriate voluntarily. Citizenship may be forfeited by naturalization 
in a foreign country or by failure of persons born with dual 
nationality to elect citizenship at the required age.
    The law does not permit forced exile, and it was not used.
    The law provides for the granting of refugee status or asylum to 
persons 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, but did not routinely grant 
refugee or asylum status. The Government cooperated with the office of 
the U.N. High Commissioner for Refugees and other humanitarian 
organizations in assisting refugees.
    In May, the Diet passed a bill abolishing the 60-day application 
deadline previously required for aliens seeking refugee status. The 
previous refugee recognition law stipulated that those seeking refugee 
status had to apply within 60 days upon arriving in Japan or within 60 
days of learning that they were likely to be persecuted in their home 
country. An alien recognized as a refugee has access to educational 
facilities, public relief and aid, and social welfare benefits.
    Government records indicated that 523,617 persons were detained in 
2003 at immigration detention centers. According to media reports, 
several deportations were carried out in secret. In July, two Kurdish 
families staged a 72-day protest against their deportation orders in 
front of the United Nations University in Tokyo.
    In recent years, the Government has granted refugee and asylum 
status to those claiming fear of persecution in only a small number of 
cases. A nongovernmental organization (NGO), in a statement to the U.N. 
Subcommission on Protection and Promotion of Human Rights, noted that, 
from 1982 to December 2002, 301 persons were accepted as refugees. The 
Government considered that most persons seeking asylum in the country 
did so for economic reasons. In 2003, there were approximately 7,900 
refugees and asylum seekers in the country, of whom an estimated 7,700 
were Vietnamese and Cambodian refugees. Out of 336 refugee claims 
submitted in 2003, the Government granted asylum to 10 persons from 
Burma, Burundi, and Iran and issued long-term residence permits based 
on humanitarian considerations to 16. As part of its ongoing family-
reunification program for close relatives of Indochinese refugees 
resettled in earlier years, the Government admitted 147 refugees from 
Vietnam and Cambodia in 2003.
    In May, a law was passed granting the Justice Minister authority to 
issue temporary-stay permits to persons seeking asylum. While this law 
provides a way for asylum seekers to have legal status in the country 
during the refugee recognition process, in practice it was quite 
difficult to obtain such permits.
    In January 2003, the Immigration Bureau began to give detailed, 
written explanations of decisions not to grant refugee status to 
asylum-seekers and opened an information office at Narita Airport for 
potential 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.
    The country is a parliamentary democracy governed by the political 
party or parties able to form a majority in the lower house of its 
bicameral Diet. The LDP and the Komeito Party formed the existing 
coalition government. Except for a brief hiatus in the 1990s, the LDP 
has been the dominant party in every government since the mid-1950s. 
General elections were held in November 2003, and elections for the 
Upper House were held in July.
    According to NPA figures for January through June, there were 43 
arrests involving political corruption for such charges as bribery, 
bid-rigging, and violation of the Political Funds Control Law. This was 
an increase of 14 cases from the previous year for the same time 
period.
    In recent years, the numbers of women holding public office has 
slowly increased. As of July, women held 34 of 480 seats in the Lower 
House of the Diet and 33 seats in the 242-seat Upper House. As of 
September, there were two women in the Cabinet. As of April, 4 of the 
country's 47 governors were women.
    No figures were available at the national level regarding minority 
political participation.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    A number of domestic and international human rights groups 
generally operated without governmental restrictions, investigating and 
publishing their findings on human rights cases. Government officials 
generally were cooperative and responsive to their views, although the 
Government restricted access by human rights groups to detention 
facilities (see Section 1.c.).
Section 5. Discrimination, Societal Abuse, and Trafficking in Persons
    The Constitution prohibits discrimination on the basis of race, 
creed, gender, social status, or family origin, and the Government 
generally respected these provisions.

    Women.--Violence against women, particularly domestic violence, 
often went unreported due to social and cultural concerns about shaming 
one's family or endangering the reputation of one's spouse or children. 
Consequently, NPA statistics on violence against women probably 
understated the magnitude of the problem. According to NPA statistics, 
there were 12,568 cases of alleged domestic violence and 1,499 
restraining orders issued in 2003. Police took action in 41 cases in 
which court orders were violated. Between April and September, the 120 
prefectural consultation centers received 24,818 cases of domestic 
violence consultations. Of the total 103,986 consultations since fiscal 
2002, 99.6 percent were for women.
    The law allows district courts to impose 6-month restraining orders 
on perpetrators of domestic violence and to sentence violators up to 1 
year in prison or impose fines of up to $9,520 (1 million yen). 
According to Supreme Court figures from January through September, 
1,579 applications for restraining orders against abusive spouses were 
sought, and 1,256 were issued. The orders either banned perpetrators 
from approaching their victims or ordered them to move away from the 
home, or both. The law also covers common-law marriages and divorced 
individuals; it also encourages prefectures to expand shelter 
facilities for domestic abuse victims and stipulates that local 
governments offer financial assistance to 40 private institutions 
already operating such shelters.
    The revision to the Law for the Prevention of Spousal Violence and 
the Protection of Victims passed in May expanded the definition of 
spousal violence to include mental, sexual, and physical abuse and 
increased the length of restraining orders from 2 weeks to 2 months.
    NPA statistics reported 2,472 rapes in 2003. Husbands have been 
prosecuted for spousal rape; usually these cases involved a third party 
who assisted in the rape. In light of several high-profile gang rapes 
in 2003 involving college students at Waseda University, the Upper 
House passed a bill in December making gang rape an offense punishable 
by a minimum penalty of 4 years in prison. In November, a former 
student was sentenced to 14 years in prison for raping two women at a 
party organized by the ``Super Free'' student group, as well as a third 
woman in December 2001. All 13 other defendants received jail sentences 
of up to 10 years. Many local governments responded to the need for 
confidential assistance for abused women by establishing special 
women's consultation departments in police and prefectural offices.
    Local governments and private rail operators continued to implement 
measures designed to address the widespread problem of groping and 
molestation of female commuters. Several railway companies have 
introduced women-only rail cars on various trains, and the Tokyo 
Metropolitan Assembly revised its anti-groping ordinance to make first-
time offenders subject to imprisonment.
    Trafficking in women remained a problem (see Section 5, 
Trafficking). Prostitution is illegal, but it occurred.
    The Constitution and the Equal Employment Opportunity (EEO) Law 
prohibit sexual discrimination; however, sexual harassment in the 
workplace remained widespread. The National Personnel Authority 
established workplace rules in an effort to stop harassment in public 
servants' workplaces. A 1999 revision to the EEO Law includes measures 
to identify companies that fail to prevent sexual harassment, but it 
does not include punitive measures to enforce compliance, other than 
allowing names of offending companies to be publicized. A number of 
government entities have established hotlines and designated ombudsmen 
to handle complaints of discrimination and sexual harassment.
    Women made up 40.5 percent of the labor force, and women between 
the ages of 15 and 64 had a labor force participation rate of 48.5 
percent. Although the Labor Standards and the EEO laws prohibit wage 
discrimination, in 2003, the average hourly wage for women was only 
67.8 percent of the hourly wage for men. There was a significant salary 
income gap between men and women in 2003, with 64 percent of female 
employees earning $28,571 (3 million yen) or less per year, as compared 
with 18 percent of all male employees, according to Cabinet Office 
statistics. Much of this disparity resulted from the ``two-track'' 
personnel administration system found in most larger companies under 
which new hires were put either in the managerial track (for those 
perceived as having executive potential) or the general track (for 
those engaged in basic office work).
    Advocacy groups for women and persons with disabilities continued 
to press for a government investigation, a formal government apology, 
and compensation for sterilizations that were carried out between 1949-
92.
    Several cases filed by women forced to work as ``comfort women'' 
(prostitutes) during World War II were finalized during the year. In 
February, the Tokyo High Court rejected an appeal by 7 Taiwanese former 
``comfort women,'' while in November the Supreme Court dismissed a 
damage suit filed in 1991 by 35 Korean wartime ``comfort women.'' In 
December, the Tokyo High Court dismissed an appeal by 4 Chinese former 
``comfort women,'' and the Supreme Court rejected a suit filed in 1993 
by 46 Filipina wartime ``comfort women.''

    Children.--The Government is committed to children's rights and 
welfare, and in general the rights of children were protected 
adequately. Boys and girls have equal access to health care and other 
public services. Education is free and compulsory through the lower 
secondary level (age 14 or ninth grade). Education was available widely 
to students who met minimum academic standards at the upper secondary 
level through the age of 18. Society places an extremely high value on 
education, and enrollment levels for both boys and girls through the 
free upper secondary level exceeded 96 percent.
    Public attention was focused increasingly on reports of frequent 
child abuse in the home. The law grants child welfare officials the 
authority to prohibit abusive parents from meeting or communicating 
with their children. The law also bans abuse under the guise of 
discipline and obliges teachers, doctors, and welfare officials to 
report any suspicious circumstances to 1 of the 182 nationwide local 
child counseling centers or to a municipal welfare center. In May 2003, 
the Ministry of Health, Labor, and Welfare reported that 108 children 
died as a result of child abuse since the enactment of the Child Abuse 
Prevention Law in 2000. In 2003, there were a record 23,738 cases of 
child abuse, up almost 2 percent from 2002, according to the Cabinet 
Office. Approximately 50 percent of the cases involved violence, and 40 
percent were cases of parental neglect. Child welfare centers likewise 
reported a record 26,573 calls in 2003, an increase of 2,800 calls from 
the previous year. Although the Government offered subsidies to local 
governments to combat record-high child abuse, only 13 percent accepted 
the offer. Most of the local governments declining the subsidies stated 
they could not afford to pay their share of the bill.
    Incidents of violence in schools and severe bullying (``ijime'') 
also continued to be a societal and government concern. According to 
the Education, Culture, Sports, Science and Technology Ministry, public 
elementary school children committed a record 1,777 violent acts in the 
2003 academic year, an increase of 27 percent from the previous school 
year, including acts of violence committed both on and off school 
grounds. In all 35,392 violent acts were committed in public 
elementary, junior high, and high schools during the 2003 academic 
year. Overall, cases of bullying rose 5.2 percent.
    Student-on-student violence accounted for 50 percent of the 
violence by students in public schools. In June, a sixth-grader 
murdered her classmate, and a junior high school student pushed a 5-
year-old boy off the fourth floor of an apartment building. The MOJ's 
Office of the Ombudsman for Children's Rights provided counseling 
services for children 18 years of age and younger who had been victims 
of bullying. In May, a High Court overturned a 2002 lower court ruling 
and ordered seven persons to pay a total $548,600 (57.6 million yen) to 
parents of a 13-year-old boy killed in a bullying incident in 1993.
    Teenage prostitution, dating for money, and child pornography 
continued to be problems. According to the Cabinet Office's white 
paper, there were 722 sex-related crimes associated with dating sites 
during the year. Easy access to web sites through mobile phones with 
Internet access made it easier for strangers to set up encounters with 
juveniles. In July 2003, the Diet passed a law criminalizing the use of 
the Internet for child pornography and prostitution (see Section 2.a.).
    Children under the age of 14 cannot be held criminally responsible 
for their actions. Under juvenile law, juvenile suspects are tried in 
family court and have the right of appeal to an appellate court. Family 
court proceedings are not open to the public, a policy that has been 
criticized by family members of juvenile crime victims. For the last 
several years, juvenile crime has shown a trend toward more serious 
offenses such as murder, robbery, arson, and rape.
    The Tokyo prefectural government continued programs to protect the 
welfare of stateless children, whose births their illegal immigrant 
mothers had refused to register for fear of forcible repatriation.

    Trafficking in Persons.--The Constitution prohibits holding persons 
in bondage, and the Government employed a variety of labor and 
immigration statutes to carry out limited trafficking-related 
prosecutions; however, there are no specific laws that prohibit 
trafficking in persons. In April, the Government created a senior 
coordinator presiding over an inter-ministerial committee for anti-
trafficking efforts. In December, the Government released its Action 
Plan to combat trafficking in persons. Focusing on prevention, 
prosecution, and protection of trafficking victims, the Action Plan 
calls for a review of ``entertainer'' visas, strengthened immigration 
control, revision of the Penal Code to make trafficking in persons a 
crime, and added protection of victims through shelters, counseling, 
and repatriation assistance.
    Trafficking of women and girls into the country was a problem. 
Women and girls, primarily from Thailand, the Philippines, and Eastern 
Europe, were trafficked into the country for sexual exploitation and 
forced labor. Women and girls from Colombia, Brazil, Mexico, South 
Korea, Malaysia, Burma, and Indonesia also were trafficked into the 
country in smaller numbers. The country was a destination for illegal 
immigrants from China who were trafficked by organized crime groups and 
held in debt bondage for sexual exploitation and indentured servitude 
in sweatshops and restaurants. The Government reported that some 
smugglers used killings and abduction to enforce cooperation.
    There was evidence that trafficking took place within the country, 
as some recruited women subsequently were forced, through the sale of 
their ``contracts,'' to work for other employers. Child prostitution 
was a problem (see Section 5, Children).
    In May, according to media reports, a sex club boss and a brothel 
operator became the first persons charged with human trafficking in the 
country, after forcing two underage Japanese girls to work as 
prostitutes to repay debts they had incurred at the club.
    Although reliable statistics on the number of women trafficked to 
the country were unavailable, human rights groups reported that up to 
200,000 persons, mostly Southeast Asian women, are smuggled annually 
into the country and forced to work in the sex industry. In 2003, the 
NPA arrested 41 individuals for trafficking-related offenses, 8 of whom 
were traffickers. Of these individuals, 36 were convicted, 14 received 
prison terms, 17 received fines, and 5 received both a fine and prison 
term. In February 2003, 17 prefecture police offices and the Tokyo 
Metropolitan police simultaneously raided 24 strip clubs and rescued 68 
trafficking victims. The NPA also participated in 16 transnational 
investigations. During the year, efforts were underway to improve 
screening of travelers arriving in Japan from key source countries of 
trafficking and to tighten the issuance of ``entertainer'' visas, which 
are often used by traffickers.
    The Government does not consider an individual who has willingly 
entered into an agreement to work illegally in the country to be a 
trafficking victim, regardless of that person's working conditions. 
Thus, government figures may understate the problem, as persons who 
agreed to one kind of work found themselves doing another, or were 
subject to force, fraud, or coercion.
    Traffickers were prosecuted for crimes ranging from violations of 
employment law to immigration violations. A government-funded study 
released in 2000 found that nearly two-thirds of foreign women surveyed 
following arrests for immigration offenses reported that they were 
working in the sex industry under duress.
    Many women who were trafficked into the country, particularly from 
the Philippines, entered legally on entertainment visas. 
``Entertainers'' are not covered by the Labor Standards Law and have no 
minimum wage protections.
    Brokers in the countries of origin recruited women and ``sold'' 
them to intermediaries, who in turn subjected them to debt bondage and 
coercion. Agents, brokers, and employers involved in trafficking for 
sexual exploitation often had ties to organized crime.
    Women trafficked to the country generally were employed as 
prostitutes under coercive conditions in businesses licensed to provide 
commercial sex services. Sex entertainment businesses are classified as 
``store form'' businesses such as strip clubs, sex shops, hostess bars, 
and private video rooms, and as ``nonstore form'' businesses such as 
escort services and mail order video services, which arrange for sexual 
services to be conducted elsewhere. According to NGOs and other 
credible sources, most women who were trafficked to the country for the 
purpose of sexual exploitation were employed as hostesses in ``snack'' 
bars, where they were required to provide sexual services off-premises.
    Trafficking victims generally did not realize the extent of their 
indebtedness, the amount of time it would take them to repay the debts, 
or the conditions of employment they would be subjected to upon 
arrival. According to Human Rights Watch, the passports of women 
trafficked to work in ``dating'' bars usually were confiscated by their 
employers, who also demanded repayment for the cost of the woman's 
``purchase.'' Typically, the women were charged $28,570 to $47,620 (3 
million to 5 million yen), their living expenses, medical care (when 
provided by the employer) and other necessities, as well as ``fines'' 
for misbehavior added to the original ``debt'' over time. How the debt 
was calculated was left to the employers; the process was not 
transparent, and the employers reportedly often used the debt to coerce 
additional unpaid labor from the trafficked women. Employers also 
sometimes ``resold,'' or threatened to resell, troublesome women or 
women found to be HIV positive, thereby increasing their debt and 
possibly worsening their working conditions.
    Many women trafficked into the sex trade had their movements 
strictly controlled by their employers and were threatened with 
reprisals, perhaps through members of organized crime groups, to 
themselves or their families if they tried to escape. Employers often 
isolated the women, subjected them to constant surveillance, and used 
violence to punish them for disobedience. There were reports that some 
brokers used drugs to subjugate victims. Many trafficked women also 
knew that they were subject to arrest if found without their passports 
or other identification documents. Few spoke Japanese well, making 
escape even more difficult.
    Domestic NGOs and lawyers compiled credible anecdotal evidence 
suggesting that some individual police officials returned trafficking 
victims to their employers when these individuals sought police 
protection. NGOs also reported that police sometimes declined to 
investigate suspected brokers when presented with information obtained 
from trafficking victims.
    Except for the Tokyo Metropolitan and Kanagawa Prefectural 
Government, which funded locally based NGOs assisting victims of 
trafficking, the Government did not assist victims of trafficking other 
than to house them temporarily in detention centers for illegal 
immigrants or facilities established under the Anti-prostitution Law, 
or by referral to shelters run by NGOs. Generally these trafficking 
victims were deported as illegal aliens. During the year, the 
Government administratively decided not to treat victims as immediately 
deportable criminals, allowing the Government to develop its cases 
against traffickers. Victims without documentation or sufficient funds 
to return to their country of origin were sometimes detained for long 
periods. Several NGOs throughout the country provided shelter, medical 
aid, and legal assistance to trafficking victims.
    During the year, government officials met with destination-country 
officials and participated in a Southeast Asian study tour to research 
trafficking issues. The Government has instituted tighter entertainer 
visa issuance and intends to cut the number of such visas issued to 
women from the Philippines from 80,000 to 8,000 a year. In 2003, the 
Cabinet Affairs Office conducted a campaign to heighten public 
awareness of violence against women and trafficking, while the NPA 
produced a training video on trafficking and distributed it to all 
police offices to improve their awareness of trafficking. In 2003, the 
Government disbursed $3 million (315 million yen) to UNICEF, the 
International Labor Organization (ILO), the U.N. Development Program, 
and the Philippine government to alleviate poverty, raise awareness of 
the dangers of trafficking, and promote alternative economic 
opportunities for women.

    Persons With Disabilities.--There were an estimated 3.4 million 
persons over the age of 18 with physical disabilities and roughly 3 
million with mental disabilities. Although not generally subject to 
overt discrimination in employment, education, or in the provision of 
other state services, persons with disabilities faced limited access to 
public transportation, ``mainstream'' public education, and other 
facilities. The Deliberation Panel on the Employment of the 
Handicapped, which operates within the Ministry of Labor, has mandated 
that private companies with 300 or more employees hire a fixed minimum 
proportion of persons with disabilities. The penalty for noncompliance 
is a fine.
    The law does not mandate accessibility to buildings for persons 
with disabilities; however, the law on construction standards for 
public facilities allows operators of hospitals, theaters, hotels, and 
similar enterprises to receive low-interest loans and tax benefits if 
they build wider entrances and elevators to accommodate persons with 
disabilities.
    The Law to Promote the Employment of the Handicapped includes those 
with mental disabilities. The law also loosened the licensing 
requirements for community support centers that promote employment for 
persons with disabilities, and it introduced government subsidies for 
the employment of persons with mental disabilities in part-time jobs. 
In 2003, workers with disabilities employed by private companies 
comprised on average 1.5 percent of the total number of regular 
employees, somewhat less than the legally stipulated rate of 1.8 
percent. While nearly 70 percent of large corporations (1,000 or more 
employees) fell short of this goal, several large corporations had 
special divisions for workers with disabilities, including Omron, Sony, 
and Honda. For example, 80 percent of Omron's Kyoto factory staff of 82 
had disabilities, with the majority having severe disabilities. These 
employees earn an average of $29,000 (3 million yen) per year, which is 
above the minimum wage.
    At the end of 2002, all prefectural governments and 91.5 percent of 
local city governments had developed basic plans for citizens with 
disabilities. In June, the Disabled Persons Fundamental Law was 
revised, obligating all municipalities to draw up formal plans for the 
disabled.

    National/Racial/Ethnic Minorities.--Burakumin, Koreans, and alien 
workers experienced varying degrees of societal discrimination, some of 
it severe and longstanding.
    The approximately 3 million Burakumin (descendants of feudal era 
``outcasts''), although not subject to governmental discrimination, 
frequently were victims of entrenched societal discrimination, 
including restricted access to housing and employment opportunities.
    According to the MOJ, there were nearly 1.85 million legal foreign 
residents as of 2002. The largest group, at approximately 625,400, was 
ethnic Koreans, followed by Chinese, Brazilians, and Filipinos. Despite 
improvements in legal safeguards against discrimination, Korean 
permanent residents (most of whom were born, raised, and educated in 
Japan) were subject to various forms of deeply entrenched societal 
discrimination. Harassment and threats against pro-North Korean 
organizations and persons reportedly have increased since the 2002 
admission by North Korea that it had kidnapped more than a dozen 
Japanese citizens. Other foreigners also were subject to 
discrimination. There was a widespread perception among Japanese 
citizens that foreigners committed many crimes. According to a 
government survey released in May, more than 70 percent of citizens 
worried that an increase in the number of illegally employed foreign 
workers could undermine public safety and result in human rights abuses 
against the workers themselves. Nevertheless, more than 80 percent said 
the country should accept foreign laborers conditionally or 
unconditionally.
    A controversial Immigration Bureau website launched in February 
allows informants to report the name, address, or workplace of any 
suspicious foreigners for such reasons as ``causing a nuisance in the 
neighborhood'' and ``causing anxiety.'' In the face of protests from 
human rights groups, the site was amended in March to remove the preset 
reasons, but remained operational at year's end.
    In 2001, Hokkaido police investigated death threats made against a 
foreign-born naturalized citizen who had sued a bathhouse for refusing 
him entrance on the basis of race and the Otaru Municipal Government 
for failing to take measures to stop discriminatory entrance policies. 
In November 2002, the Sapporo District Court ordered the bathhouse to 
pay the plaintiff $29,000 (3 million yen) for subjecting the plaintiff 
to racial discrimination. The court rejected the claim against the 
Otaru Municipal Government, saying that the International Convention on 
the Elimination of All Forms of Racial Discrimination does not require 
local governments to institute ordinances to stamp out discrimination. 
In September, the Sapporo High Court rejected the appeal.
    By law, aliens with 5 years of continuous residence are eligible 
for naturalization and citizenship rights, including the right to vote; 
however, in practice, most eligible aliens choose not to apply for 
citizenship, partly due to fears that their cultural identity would be 
lost. Obstacles to naturalization included broad discretion available 
to adjudicating officers and great emphasis on Japanese-language 
ability. Naturalization procedures also required an extensive 
background check, including inquiries into the applicant's economic 
status and assimilation into society. Koreans were given the option of 
adopting a Japanese surname. The Government defended its naturalization 
procedures as necessary to ensure the smooth assimilation of foreigners 
into society. Alien permanent residents may live abroad for up to 4 or 
5 years without losing their right to permanent residence in the 
country.
    In September 2003, the School Education Law was amended to allow 
graduates of 21 non Japanese language schools to become automatically 
eligible to take university entrance examinations. Previously all 
students of non-Japanese language schools were required to pass a 
state-run high school equivalency test to qualify for the examinations. 
The amended law also enabled universities to set their admissions 
criteria at their own discretion. During 2003, many national 
universities also admitted graduates of non-Japanese language schools 
other than the 21 schools included in the School Education Law 
amendment.

    Indigenous People.--The Ainu are a people descended from the first 
inhabitants of the country. Under an 1899 law, the Government pursued a 
policy of forced assimilation, imposing mandatory Japanese-language 
education and denying the Ainu their right to continue traditional 
practices. The law also left the Ainu with control of approximately 
0.15 percent of their original land holdings and empowered the 
Government to manage communal assets.
    After a 1997 court ruling, the Diet passed a law that recognized 
the Ainu as an ethnic minority, required all prefectural governments to 
develop basic programs for promoting Ainu culture and traditions, 
canceled previous laws that discriminated against the Ainu, and 
required the Government of Hokkaido to return Ainu communal assets. 
However, the law stopped short of recognizing the Ainu as the 
indigenous people of Hokkaido, failed to address whether they deserved 
special rights as a distinct ethnic group, and did not mandate civil 
rights protection for the Ainu. A nonbinding accompanying resolution 
referred to the Ainu as a legal minority. The U.N. Special Rapporteur 
to the U.N. Working Group on Indigenous Populations stated that the 
Ainu never had entered into a consensual juridical relationship with 
any state and noted that the lack of such an agreement deprived them of 
their rights. Many Ainu criticized the Law to Promote Ainu Culture for 
not advancing Ainu political rights and criticized the Government for 
not providing funds for noncultural activities that would improve Ainu 
living conditions or financial status. The Japan Ainu Association, a 
nationwide organization of Ainu, lobbied the Government for economic 
assistance and greater social welfare benefits. Although Ainu-language 
newspapers, radio programs, and academic programs studying Ainu culture 
have increased, the Ainu continued to face societal discrimination.
Section 6. Worker Rights
    a. The Right of Association.--The Constitution provides for the 
right of workers to associate freely in unions. In 2003, approximately 
10.5 million workers, 19.6 percent of all employees, belonged to labor 
unions. Unions were free of government control and influence. The 
Japanese Trade Union Confederation, which represented 6.8 million 
workers and was formed in 1989 through the merger of several 
confederations, was the largest labor organization.
    Some public employees, including members of the Self-Defense 
Forces, police, and firefighters are not permitted to form unions or to 
strike. These restrictions have led to a long-running dispute with the 
ILO Committee on the Application of Conventions and Recommendations 
over the observance of ILO Convention 98 concerning the right to 
organize and bargain collectively. The Committee has observed that 
these public employees have a limited capacity to participate in the 
process of determining their wages and has asked the Government to 
consider measures it could take to encourage negotiations with public 
employees. The Government determines the pay of government employees 
based on a recommendation by the independent National Personnel 
Authority.

    b. The Right to Organize and Bargain Collectively.--The 
Constitution provides unions with the right to organize, bargain, and 
act collectively. These rights were exercised freely, and collective 
bargaining was practiced widely. The Constitution provides for the 
right to strike, and workers exercised this right in practice.
    There are no export processing zones.

    c. Prohibition of Forced or Compulsory Labor.--The Constitution 
provides that no person shall be held in bondage of any kind. 
Involuntary servitude, except as punishment for crime, is prohibited. 
Although children were not specified in the provision, this legal 
prohibition against forced or compulsory labor applies equally to 
adults and to children. In practice, there were no reports of persons 
held in bondage or involuntary servitude apart from trafficking 
victims.
    Former Allied prisoners of war and Chinese and Korean workers 
continued to press claims in Japanese civil courts and in complaints to 
the ILO for damages and compensation for forced labor during World War 
II. During the year, the United State Supreme Court rejected appeals 
from former prisoners of war and others who claimed they were forced to 
work for private Japanese companies as slave laborers during World War 
II. In July, overturning a district court's 2002 decision against 
Chinese plaintiffs, a high court ordered Nishimatsu Construction 
Company to pay $261,900 (27.5 million yen) in compensation to a group 
of World War II slave laborers. In January 2003, a U.S. federal appeals 
court dismissed a number of lawsuits by former prisoners of war and 
civilians who alleged they had been forced to labor for private 
Japanese firms during World War II.

    d. Prohibition of Child Labor and Minimum Age for Employment.--The 
Constitution bans the exploitation of children. Both societal values 
and the rigorous enforcement of the Labor Standards Law protect 
children from exploitation in the workplace. By law, children under the 
age of 15 may not be employed, and those under age 18 may not be 
employed in dangerous or harmful jobs.

    e. Acceptable Conditions of Work.--Minimum wages are set on a 
regional (prefectural) and industry basis, with the input of tripartite 
(workers, employers, public interest) advisory councils. Employers 
covered by a minimum wage must post the concerned minimum wages, and 
compliance with minimum wages was considered widespread. Minimum wage 
rates ranged according to prefecture from $5.77 (606 yen) to $6.76 (710 
yen) per hour. Minimum wage rates were considered sufficient to provide 
a worker and family with a decent standard of living.
    The Labor Standards Law provides for a 40-hour workweek for most 
industries and mandates premium pay for hours worked over 40 in a week, 
or 8 in a day. However, labor unions frequently criticized the 
Government for failing to enforce maximum working hour regulations in 
smaller firms.
    Activist groups claimed that employers exploited or discriminated 
against foreign workers, who often had little or no knowledge of the 
Japanese language or their legal rights. The Immigration Bureau of the 
MOJ estimated that, as of January, there were more than 200,000 foreign 
nationals, primarily from South Korea, the Philippines, China, 
Thailand, and Malaysia, residing illegally in the country, with the 
majority of them engaged in manual labor.
    The Government tried to reduce the inflow of illegal foreign 
workers by prosecuting employers of such workers. According to NPA 
figures, 175 persons were charged with ``illegal employment 
assistance'' during the first half of 2002. The Immigration Law 
provides for penalties against employers of undocumented foreign 
workers. Maximum fines for illegal employment assistance were raised to 
$29,000 (3 million yen) in December. Suspected foreign workers also may 
be denied entry for passport, visa, and entry application 
irregularities. The Government continued to study the foreign worker 
issue, and several citizens' groups were working with illegal foreign 
workers to improve their access to information on worker rights.
    The Ministry of Labor effectively administered various laws and 
regulations governing occupational health and safety, principal among 
which is the Industrial Safety and Health Law. Standards were set by 
the Ministry of Labor and issued after consultation with the Standing 
Committee on Safety and Health of the Central Labor Standards Council. 
Labor inspectors have the authority to suspend unsafe operations 
immediately, and the law provides that workers may voice concerns over 
occupational safety and remove themselves from unsafe working 
conditions without jeopardizing their continued employment.

                               __________

                                KIRIBATI

    Kiribati is a constitutional republic that occupies 33 small 
islands scattered across 1.4 million square miles of the central 
Pacific Ocean. The country has a popularly elected president and a 
legislative assembly of 42 members--40 are elected by universal adult 
suffrage, the Rabi Island Council in Fiji nominates 1, and the Attorney 
General is an ex officio member. The most recent parliamentary and 
presidential elections, held in May and July 2003 respectively, were 
considered free and fair. Anote Tong of the Boutokan te Koaua Party was 
elected President and took office in July 2003. The government party 
and allied independents together held 25 legislative seats. Elected 
village councils run local governments in consultation with traditional 
village elders. The judiciary is independent.
    The country has no military force. Australia and New Zealand 
provide defense assistance. A police force of 284 sworn officers and 
200 constables, headed by a commissioner who reports directly to the 
Office of the President, is responsible for internal security. 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 mixed economy. The Government owned and operated 
most enterprises; however, there were some privately owned enterprises. 
The population of over 90,000 was primarily Micronesian, with a 
significant component of Polynesian origin. Economic activity consisted 
primarily of subsistence agriculture and fishing. Remittances from 
sailors employed on overseas merchant vessels and foreign development 
assistance also were important sources of revenue. The islands' 
isolation and meager resources severely limited prospects for economic 
development. The rate of economic growth in 2003 was approximately 1.4 
percent, and the per capita gross domestic product was approximately 
$786.
    The Government generally respected the human rights of its 
citizens, and the law and judiciary provide effective means of dealing 
with individual instances of abuse; however, the Government retained 
some limits on freedom of the press. In the country's traditional 
culture, women occupy a subordinate role and have limited job 
opportunities. Violence against women and child abuse in urban areas 
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 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. Traditional village 
practice permits corporal punishment for criminal acts and other 
transgressions. On some outer islands, village associations 
occasionally ordered strokes with palm fronds to be administered for 
public drunkenness and other minor offenses, such as petty theft.
    Prison conditions generally met international standards. There were 
separate prisons for men and women. Children under age 16 were not 
incarcerated. There was no separate facility for juvenile offenders age 
16 or older. Juveniles age 16 to 17 generally may be detained no longer 
than 1 month in the adult facility; however, for more serious offenses, 
such as murder, juveniles over the age of 16 can be held in custody for 
more than 1 month and can be sentenced to longer terms. Pretrial 
detainees who did not meet bail were housed with convicted prisoners.
    Family members and church representatives were allowed access to 
prisoners. Diplomats and senior judicial officials visited the prisons, 
including some unannounced visits, and reported no problems. During the 
year, there were no reported requests by local human rights groups or 
nonresident international human rights observers to visit prisons. The 
Government has not formulated a policy concerning such visits.

    d. Arbitrary Arrest or Detention.--The Constitution prohibits 
arbitrary arrest and detention, and the Government generally observed 
these prohibitions.
    The Commissioner of Police and Prisons, who reports directly to the 
Office of the President, heads the police force. There are three 
superintendents under the commissioner responsible, respectively, for 
crime and security, prisons, and administrative functions. The police 
force was reasonably effective in maintaining law and order. Police 
corruption generally was not a problem, and there were no reported 
instances where the police acted with impunity.
    The law requires that arrested individuals be informed of their 
rights, which include the right to legal counsel during questioning and 
the right not to incriminate themselves. Two police officers must be 
present at all times during questioning of detainees, who also are 
provided the option of writing and reviewing statements given to 
police. Those taken into custody without a warrant must be brought 
before a magistrate within 24 hours or within a reasonable amount of 
time when arrested in remote locations. Many individuals were released 
on their own recognizance pending trial, and bail was granted routinely 
for many offenses. Detainees were allowed prompt access to legal 
counsel.

    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 magistrate courts, a High Court, and a 
Court of Appeal. The law provides for the right to a fair public trial, 
and an independent judiciary generally enforced this right. The 
Constitution provides that an accused person be informed of the charges 
and be provided adequate time and facilities to prepare a defense. The 
law also provides for the right to confront witnesses, present 
evidence, and appeal convictions. Defendants facing serious criminal 
charges are entitled to free legal representation. Procedural 
safeguards are based on English common law and include the presumption 
of innocence until proven guilty.
    There were no reports of political prisoners.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The law prohibits such practices, and the Government 
generally respected these prohibitions in practice.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The Constitution provides for 
freedom of speech and of the press, and with some limitations, the 
Government generally respected these rights in practice. Under the 
Newspaper Registration Act, newspapers are required to register with 
the Government. On September 15, the Legislative Assembly repealed the 
2002 amendments to the act that had given the Government authority to 
deregister a newspaper if it was found to have published material 
deemed to be offensive, was likely to encourage or incite crime, or 
affected the ``credibility or reputation of any person.''
    The country had three weekly newspapers: one government-owned, one 
church-owned, and one privately owned. The Government also owned AM and 
FM radio stations in Tarawa. There was one privately owned FM radio 
station. Churches published newsletters and other periodicals. High 
costs limited the availability of foreign print media and Internet 
access, but there were no government-imposed limitations.
    The Government did not restrict academic freedom.

    b. Freedom of Peaceful Assembly and Association.--The Constitution 
provides for 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 law provides for these rights, and 
the Government generally respected them in practice. The Constitution 
prohibits government restrictions on citizens' freedom of movement; 
however, it does not restrict such actions by village councils.
    The Constitution provides for the forced expulsion from the country 
of a convicted person, if ``in the interests of'' defense, public 
safety, order, morality, health, or environmental conservation. The 
Government has not used forced exile. However, on rare occasions, 
village associations have banished persons from a specific island 
within the country, usually for a fixed period of time. The legality of 
this form of punishment has never been challenged.
    The Government has not 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. There were no 
applications for refugee resettlement or 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. To be elected, a candidate must secure at least 
half the valid votes cast; if there is no first-round winner, a runoff 
election is held. The President exercises executive authority and is 
elected for a 4-year term. The elected Legislative Assembly nominates 
at least three, and no more than four, presidential candidates from 
among its members. Under the Constitution, the President is limited to 
three terms. The most recent parliamentary elections were held in May 
2003. Opposition leader Anote Tong of the Boutokan Te Koaua Party was 
elected President in July 2003. The elections were considered free and 
fair.
    Nepotism, based on tribal, church, and family ties, is prevalent. 
The Auditor-General (AG) is responsible for oversight of government 
expenditure; however, in reality the AG lacked sufficient resources, 
and findings of misappropriations and unaccounted-for funds were 
generally ignored, or the investigations were inconclusive.
    There are no specific rights of citizens or the media to government 
information.
    There were 2 women, including the Vice President, in the 42-member 
Parliament, and 4 women held permanent secretary positions. No women 
sat on the High Court. Minority persons have held cabinet positions in 
the past. The President and several Members of Parliament are of mixed 
descent.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    There were no restrictions on the formation of local human rights 
nongovernmental organizations, but none have been formed. There were no 
restrictions on operations by international human rights groups. During 
the year, there were no reported allegations of human rights abuses by 
the Government and no known requests for investigations.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The Constitution prohibits discrimination on the basis of race, 
creed, national origin, or sex, and the Government observed these 
prohibitions in practice; however, only native I-Kiribati (those with 
Kiribati ancestry) may own land. Society is fundamentally egalitarian 
and has no privileged class.

    Women.--Spousal abuse and other forms of violence against women 
were significant problems. Alcohol abuse frequently was a factor in 
attacks on women. The law does not address domestic violence 
specifically, but general common law and criminal law make assault in 
all forms illegal. Rape, including spousal rape, is a crime, and the 
law was enforced when charges were brought to court. However, it is 
believed that such prosecutions were relatively infrequent for cultural 
reasons.
    Prostitution is not illegal but was not common; procuring sex and 
managing brothels are illegal. The law does not specifically prohibit 
sex tourism; however, there were no reports of such activity. Obscene 
or indecent behavior is banned.
    The law does not prohibit sexual harassment; although it sometimes 
occurred, it generally was not regarded as a major problem.
    The Constitution prohibits discrimination based on sex; however, 
the traditional culture, in which men are dominant, impeded a more 
active role for women in the economy. Nevertheless, women were slowly 
finding work in unskilled and semiskilled occupations. The Government 
increased its hiring and promotions of women; women filled many 
government office positions and teaching positions. The Employment 
Ordinance prohibits night work by women except in seven exempt 
occupations, including health worker, business manager, and hotel, bar, 
and restaurant worker; however, there were no reported prosecutions 
based on this ordinance. Statistics generally were not well collected 
in the country, and data on the participation of women in the work 
force and on comparative wages were unavailable. Women have full rights 
of ownership and inheritance of property as well as full and equal 
access to education.

    Children.--Within its limited financial resources, the Government 
made adequate expenditures for child welfare. Primary education is 
compulsory, free, and universal for children between the ages of 6 and 
14 years. In practice, the Government did not enforce primary school 
attendance. Unofficial estimates indicated that more than 50 percent of 
all children attended school, and there was no significant gender 
discrimination. The approximately 40 percent of primary school 
graduates who pass a national examination qualify for 3 additional 
years of subsidized junior secondary and 4 years of subsidized senior 
secondary education; a small fee was charged to other students who 
wished to matriculate at these levels.
    The Government provided free national medical service; however, 
there were no doctors on the outer islands. The central hospital in 
Tarawa provided basic medical services but not intensive care 
facilities. There were no reports of gender bias in the provision of 
health services.
    Chronic alcohol abuse leading to child abuse (physical, neglect, 
and occasionally sexual) continued to be a problem.

    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.--The law does not specifically prohibit 
discrimination against persons with disabilities; however, there were 
no complaints of discrimination in employment, education, or the 
provision of other state services for persons with mental or physical 
disabilities. Accessibility of buildings for persons with disabilities 
has not been mandated; accommodations for persons with disabilities 
were basically nonexistent.
    The central hospital on Tarawa had a wing for persons with mental 
disabilities, and there was a psychiatrist working on Tarawa. Foreign-
based aid workers and the World Health Organization cooperated with the 
Ministry of Health to conduct outer-island workshops for health 
workers.
Section 6. Worker Rights
    a. The Right of Association.--The Constitution provides for freedom 
of association, and workers are free to join and organize unions; 
workers exercised these rights in practice.
    Over 90 percent of the work force was occupied in fishing or 
subsistence farming, but the small wage sector had a relatively strong 
and effective trade union movement. An estimated 10 percent of wage-
earning workers were union members. In 1982, 7 registered trade unions 
merged to form the Kiribati Trade Union Congress (KTUC), which had 
approximately 2,500 members. There were no official public sector trade 
unions; however, public sector nurses and teachers belonged to 
voluntary employee associations similar to unions and constituted 
approximately 30 to 40 percent of total union and association 
membership.

    b. The Right to Organize and Bargain Collectively.--The law 
protects workers from employer interference in their right to organize 
and administer unions. The Government did not control or restrict union 
activities; however, unions must register with the Government. 
Collective bargaining is provided for under the Industrial Relations 
Code. The Government sets wages in the large public sector. However, in 
a few statutory bodies and government-owned companies, employees could 
negotiate wages and other conditions. In the private sector, individual 
employees also could negotiate wages with employers. In keeping with 
tradition, negotiations generally were nonconfrontational. There were 
no reports of antiunion discrimination, and there were mechanisms to 
resolve any complaints that might arise.
    The law provides for the right to strike. However, strikes are 
rare; the last one took place in 1980.
    There are no export processing zones.

    c. Prohibition of Forced or Compulsory Labor.--The Constitution 
prohibits forced or compulsory labor, and there were no reports that 
such practices occurred. The prohibition does not mention specifically 
forced and compulsory labor by children; however, 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 age 14. Children through 
the age of 15 are prohibited from industrial employment and employment 
aboard ships. Labor officers from the Ministry of Labor and Human 
Resources Development generally enforced these laws effectively. 
Children rarely were employed outside the traditional economy.

    e. Acceptable Conditions of Work.--There is no minimum wage. There 
is provision for a minimum wage at ministerial discretion, but it has 
never been implemented. Income tended to be pooled within the extended 
family, and the standard income appeared adequate to provide a decent 
standard of living for a worker and family. There is no legislatively 
prescribed workweek. Workers in the public sector (80 percent of the 
wage-earning work force) worked 36 hours per week, with overtime pay 
for additional hours.
    Employment laws provide rudimentary health and safety standards for 
the workplace. For example, employers must provide an adequate supply 
of clean water for workers and ensure the existence of sanitary toilet 
facilities. Employers are liable for the expenses of workers injured on 
the job. However, the Government's ability to enforce employment laws 
was hampered by a lack of qualified personnel. Workers do not have the 
right to remove themselves from hazardous work sites without risking 
loss of employment.
    There are no laws specifically to protect foreign workers; however, 
there were no significant numbers of foreign workers and no reports of 
mistreatment. Some foreign volunteers and missionaries worked in the 
schools.

                               __________

               DEMOCRATIC PEOPLE'S REPUBLIC OF KOREA \1\
-----------------------------------------------------------------------

    \1\ The United States does not have diplomatic relations with the 
Democratic People's Republic of Korea. North Korea does not allow 
representatives of foreign governments, journalists, or other invited 
guests the freedom of movement that would enable them to assess fully 
human rights conditions there. This report is based on information 
obtained over more than a decade, updated where possible by information 
drawn from recent interviews, reports, and other documentation, 
including refugee testimony. While limited in detail, this information 
is nonetheless indicative of the human rights situation in North Korea 
today.
-----------------------------------------------------------------------
The Democratic People's Republic of Korea (DPRK or North Korea) is 
a dictatorship under the absolute rule of Kim Jong Il, General 
Secretary of the Korean Workers' Party (KWP). In 1998, the Supreme 
People's Assembly reconfirmed Kim as Chairman of the National Defense 
Commission and designated that position the ``highest office of 
state.'' Kim's father, the late Kim Il Sung, was declared ``eternal 
president.'' The titular head of state is Kim Yong Nam, the President 
of the Presidium of the Supreme People's Assembly. Elections for the 
687-member Assembly were held in August 2003. Only the KWP and two 
small satellite parties participated. The elections were not free. The 
Kim family remained the object of an intense personality cult, and the 
regime continued to cling to ``juche,'' an ideology of extreme self-
reliance, even though the population was dependent on international aid 
for survival. The judiciary is not independent.
    The country is one of the world's most militarized societies. The 
Korean People's Army (KPA) continued to overshadow the KWP as Kim Jong 
Il's chief instrument for making and implementing policy. The KPA is 
the primary organization responsible for external security. A large 
military reserve force and several quasi-military organizations, 
including the Worker-Peasant Red Guards and the People's Security 
Force, assist it. In addition, an omnipresent internal security 
apparatus includes the Ministry of Public Security (MPS), the State 
Security Department, and the KWP. Members of the security forces have 
committed numerous serious human rights abuses.
    The country's traditional highly centralized and tightly controlled 
economy has broken down under the stress of chronic shortages of food 
and fuel. Citizens increasingly have sought employment in the informal 
economy. Most citizens must supplement limited amounts of government-
subsidized rations with food purchased in markets. Heavy military 
spending, estimated at between one-quarter and one-third of gross 
domestic product, has constrained and skewed economic development. The 
country has not taken the steps towards transparency that would make it 
eligible for membership in international financial institutions. Its 
poor credit rating, stemming from default on its foreign debt, sharply 
limited the amount of funds it was able to borrow commercially. Despite 
significant inflows of international assistance over the past decade, 
harsh economic and political conditions have caused tens of thousands 
of persons to flee the country. To stabilize the economy, in July 2002, 
the Government launched an economic reform that raised wages and 
prices, devalued the currency, and gave managers more decision-making 
authority. These changes sparked a dramatic rise in inflation and a 
quickening of commercial activity but failed to re-energize industrial 
growth. The Government permitted an increase in the number of private 
vendors to compensate for the contraction of food supplied through the 
public distribution system. Corruption appears to be a growing problem 
as economic controls loosen.
    The Government's human rights record remained extremely poor, and 
it continued to commit numerous serious abuses. Citizens did not have 
the right to change their government. There continued to be reports of 
extrajudicial killings, disappearances, and arbitrary detention, 
including of many persons held as political prisoners. Prison 
conditions were harsh and life-threatening, and torture reportedly was 
common. Pregnant female prisoners reportedly underwent forced 
abortions, and in other cases babies reportedly were killed upon birth 
in prisons. The constitutional provisions for an independent judiciary 
and fair trials were not implemented in practice. The regime subjected 
citizens to rigid controls over many aspects of their lives. In April, 
the Supreme People's Assembly enacted a new Penal Code. According to 
the new Penal Code, capital punishment applied only to ``serious'' or 
``grave'' cases of four ``anti-state'' and ``anti-nation'' crimes. 
Citizens were denied freedom of speech, the press, assembly, and 
association; all forms of cultural and media activities were under the 
tight control of the KWP. Little outside information reached the 
general population except that which was approved and disseminated by 
the Government. The Government restricted freedom of religion, 
citizens' movement, and worker rights. In April, the U.N. Commission on 
Human Rights (UNCHR) called for the appointment of Special Rapporteur 
Vitit Muntarbhorn to examine the human rights conditions in the 
country, but he was not allowed to visit the country to carry out his 
mandate. Although the country accepted meetings with European Union 
(EU) and U.N. officials on human rights issues, the Government 
maintained that most international human rights norms, particularly 
individual rights, were illegitimate, alien, and subversive to the 
goals of the State and Party. There were widespread reports of 
trafficking in women and girls among refugees and workers crossing the 
border into China. Only government-controlled labor unions are 
permitted.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Arbitrary and Unlawful Deprivation of Life.--Defector and 
refugee reports over several years indicate that the regime has 
executed political prisoners, opponents of the regime, some repatriated 
defectors, and others, including military officers suspected of 
espionage or of plotting against Kim Jong Il. In April, the Government 
enacted a new Penal Code by decree of the Supreme People's Assembly 
Presidium. The new code provides the death penalty for only the most 
``serious'' or ``grave'' cases of four ``anti-state'' or ``anti-
nation'' crimes. These crimes include active participation in a coup or 
plotting to overthrow the State; acts of terrorism for an anti-State 
purpose; treason, which includes defection or handing over state 
secrets; and, suppressing the People's Movement for national 
liberation. In the past, prisoners have been sentenced to death for 
such ill defined ``crimes'' as ``ideological divergence,'' ``opposing 
socialism,'' and ``counterrevolutionary crimes.'' In some cases, 
notably at the height of the famine in the 1990s, executions reportedly 
were carried out at public meetings attended by workers, students, 
school children, and before assembled inmates at places of detention. 
Border guards reportedly had orders to shoot to kill potential 
defectors. Similarly, according to defectors, prison guards were under 
orders to shoot to kill those attempting escape from political 
concentration camps.
    Defectors have reported that government officials prohibit live 
births in prison. Forced abortion and the killing of newborn babies 
reportedly were standard prison practices (see Section 1.c.).
    Religious and human rights groups outside the country reported that 
members of underground churches have been killed because of their 
religious beliefs and suspected contacts with overseas evangelical 
groups operating across the Chinese border (see Section 2.c.).
    Many prisoners reportedly have died from beatings, disease, 
starvation, or exposure (see Section 1.c.).

    b. Disappearance.--The Government reportedly was responsible for 
cases of disappearance. Defectors in recent years have claimed that 
individuals suspected of political crimes often were taken from their 
homes by state security officials and sent directly, without trial, to 
camps for political prisoners. There are no practical restrictions on 
the ability of the Government to detain and imprison persons at will 
and to hold them incommunicado.
    Numerous reports indicated that ordinary citizens are not allowed 
to mix with foreign nationals, and Amnesty International (AI) has 
reported that a number of citizens who maintained friendships with 
foreigners have disappeared.
    In the past, the Government has been involved in the kidnapping 
abroad of South Koreans, Japanese, and other foreign nationals. In 
2002, Kim Jong Il acknowledged to Japanese Prime Minister Koizumi the 
involvement of DPRK ``special institutions'' in the kidnapping of 
Japanese citizens between 1977 and 1983 and said that those responsible 
had been punished. Five surviving victims were allowed to visit Japan 
in October 2002, and they decided to remain there. Japan also sought an 
accounting for 10 Japanese said to be dead or never to have entered 
North Korea and hopes to gain answers regarding 20 other cases of 
suspected abductions of Japanese nationals. Negotiations between the 
two countries continued, but have produced few positive results.
    Many South Koreans are believed to have been abducted in the 1970s 
and 1980s. The South Korean Government has compiled a list of 486 South 
Korean citizens, most of whom were fishermen, detained since the 1950-
53 Korean War.
    In 2000, Reverend Kim Dong Shik reportedly was kidnapped by North 
Korean agents in China near the North Korean border. Relatives and 
human rights activists claimed that Kim was targeted for assisting the 
defection of North Korean refugees to South Korea. In December, South 
Korean officials announced that they were questioning a North Korean 
agent who had confessed to taking part in the abduction.
    There were other reports of kidnapping and hostage-taking, 
apparently intended to intimidate ethnic Koreans living in China and 
Russia. The Government continued to deny that it had been involved in 
kidnappings of non-Japanese foreign nationals.

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--In its 2001 submission to the U.N. Human Rights Committee, 
the Government claimed that torture is prohibited by law; however, many 
sources confirm its practice. According to a report by the U.S. 
Committee for Human Rights in North Korea (USCHRNK), torture ``is 
routine and severe.'' Methods of torture included severe beatings; 
electric shock; prolonged periods of exposure; humiliations such as 
public nakedness; confinement to small ``punishment cells,'' in which 
prisoners were unable to stand upright or lie down, where they could be 
held for several weeks; being forced to kneel or sit immobilized for 
long periods; being hung by one's wrists; being forced to stand-up and 
sit-down to the point of collapse; and, forcing mothers recently 
repatriated from China, to watch the infanticide of their newly born 
infants. Defectors reported that many prisoners have died from torture, 
disease, starvation, exposure, or a combination of these causes.
    Over the years, there have been reports from defectors alleging the 
testing on human subjects of a variety of chemical and biological 
agents. During the year, media reports included several defector 
accounts of alleged testing of lethal gas on human subjects, but these 
reports have not been verified.
    Reportedly, North Korean officials prohibited live births in prison 
and forced abortions were regularly performed, particularly in 
detention centers holding women repatriated from China. According to 
defectors who were imprisoned in the 1990s, in cases of live birth, the 
child was immediately killed. According to reports, the reason given 
for this policy was to prevent the birth of half-Chinese children. In 
addition, guards sexually abused female prisoners.
    Prison conditions were harsh; starvation and executions were 
common. ``Reeducation through labor'' was a common punishment, 
consisting of forced labor, such as logging, mining, or tending crops 
under harsh conditions, and reeducation consisting of memorizing 
speeches by Kim Jong Il and being forced to participate in self-
criticism sessions after labor. Visitors to the country observed 
prisoners being marched in leg irons, metal collars, or shackles. In 
some places of detention, prisoners were given little or no food and 
were denied medical care. Sanitation was poor, and prisoners reported 
they were rarely able to bathe or wash their clothing and had no change 
of clothing during months of incarceration.
    In June 2002, Lee Soon-ok, a woman who spent several years in a 
prison camp before defecting to the Republic of Korea (South Korea) in 
1994, testified before the U.S. Senate that the approximately 1,800 
inmates in her camp typically worked 16 to 17 hours a day. Lee 
witnessed severe beatings and incidents of torture involving forcing 
water into a victim's stomach with a rubber hose followed by guards 
jumping on a board placed across the victim's abdomen. Lee also 
testified that chemical and biological warfare experiments were 
conducted on inmates by the army. Other defectors reported similar 
experiences. At Camp 22 in Haengyong, approximately 50,000 prisoners 
worked under conditions that reportedly resulted in the death of 20 to 
25 percent of the prison population annually in the 1990s.
    In October 2003, Kim Yong, a former police Lieutenant Colonel, told 
USCHRNK that, as an inmate in a political prison camp, he had been 
forced to kneel for long periods with a steel bar placed between his 
knees and calves, been suspended by his handcuffed wrists, and 
submerged in waist deep cold water for extended periods.
    Other witnesses who testified before the U.S. Congress in 2002 
stated that prisoners held on the basis of their religious beliefs 
generally were treated worse than other inmates (see Section 2.c.).
    The Government did not permit inspection of prisons by human rights 
monitors.

    d. Arbitrary Arrest or Detention.--There are no restrictions on the 
ability of the Government to detain and imprison persons at will and to 
hold them incommunicado. Family members and other concerned persons 
reportedly find it virtually impossible to obtain information on 
charges against detained persons or the length of their sentences. 
Judicial review of detentions does not exist in law or in practice.
    An estimated 150-200,000 persons were believed to be held in 
detention camps in remote areas for political reasons. Using commercial 
satellite imagery to locate the camps and point out their main 
features, defectors claimed that these camps covered areas as large as 
200 square miles. The camps contained mass graves, barracks, work 
sites, and other prison facilities. The Government denied the existence 
of political prison camps. In recent years, the Government reportedly 
reduced the total number of prison camps from approximately 20 to less 
than 10, but the prison population was consolidated rather than 
reduced. In 2003, a defector who had been a ranking official in the 
Ministry of Public Security told USCHRNK that conditions in the camps 
for political prisoners were extremely harsh and prisoners were not 
expected to survive. In the camps, prisoners received little food and 
no medical provisions.
    Entire families, including children, have been imprisoned when one 
member of the family was accused of a crime (see Section 1.f.).

    e. Denial of Fair Public Trial.--The Constitution states that 
courts are independent and that judicial proceedings are to be carried 
out in strict accordance with the law; however, an independent 
judiciary does not exist. The Constitution mandates that the Central 
Court is accountable to the Supreme People's Assembly, and the Criminal 
Code subjects judges to criminal liability for handing down ``unjust 
judgments.'' Furthermore, individual rights are not acknowledged. The 
Public Security Ministry dispensed with trials in political cases and 
referred prisoners to the State Security Department for punishment. 
Little information was available on formal criminal justice procedures 
and practices, and outside observation of the legal system has been 
limited to show trials for traffic violations and other minor offenses.
    The Constitution contains elaborate procedural protections. It 
states that cases should be heard in public, except under some 
circumstances stipulated by law. The Constitution also states that the 
accused has the right to a defense, and when trials were held, the 
Government reportedly assigned lawyers. Some reports noted a 
distinction between those accused of political crimes and common 
criminals, and stated that the Government afforded trials or lawyers 
only to the latter. There was no indication that independent, 
nongovernmental defense lawyers exist. The Government considered 
critics of the regime to be political criminals.
    Past reports have described political offenses as including sitting 
on newspapers bearing Kim Il Sung's picture, mentioning Kim Il Sung's 
limited formal education, or defacing photographs of the Kims.
    Common criminals were occasionally amnestied on the occasion of Kim 
Il Sung's or Kim Jong Il's birthday.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The Constitution provides for the inviolability of 
person and residence and the privacy of correspondence; however, the 
Government did not respect these provisions in practice. The regime 
subjected its citizens to rigid controls. The Government relied upon a 
massive, multilevel system of informers to identify critics and 
potential troublemakers. Whole communities sometimes were subjected to 
security checks. The possession of ``anti-state'' material and 
listening to foreign broadcasts are crimes that could subject the 
transgressor to harsh punishments, including up to 5 years of labor 
reeducation. If the transgressor is accused of using the anti-state 
material in a plot against the Government, the maximum punishment is 
death.
    The Government monitored correspondence and telephone 
conversations. Telephones essentially are restricted to domestic 
service, although some international service was available on a very 
restricted basis. In recent years, the Government established a 
cellular phone network. In the aftermath of the April train explosion 
at Ryongchon, it reportedly banned cell phone use by the general 
population. The telephone system used by foreigners in the country was 
independent of the broader system. Persons reportedly have been placed 
under surveillance through their radio sets, and imprisoned and 
executed for statements made at home that were critical of the regime.
    The Constitution provides for the right to petition. However, when 
anonymous petitions or complaints about state administration were 
submitted, the State Security Department and Ministry of Public 
Security sought to identify the authors, who could be subjected to 
investigation and punishment.
    In the late 1950s, the regime began dividing society into three 
main classes: ``core,'' ``wavering,'' and ``hostile.'' Security ratings 
were assigned to each individual; according to some estimates, nearly 
half of the population was designated as either ``wavering'' or 
``hostile.'' Loyalty ratings determined access to employment, higher 
education, place of residence, medical facilities, and certain stores. 
They also affected the severity of punishment in the case of legal 
infractions. Citizens with relatives who fled to the Republic of Korea 
at the time of the Korean War still appeared to be classified as part 
of the ``hostile class.'' Between 20 and 30 percent of the population 
is considered potentially hostile. Members of this class still were 
subject to discrimination, although defectors reported that their 
treatment had improved greatly in recent years. There is some evidence 
that the regime has softened these restrictions, for example, by 
portraying persons with a bad class background who are hard workers 
favorably in feature films. In addition, the economic reforms have 
eroded the rigid class restrictions to some extent.
    Citizens of all age groups and occupations were subject to 
intensive political and ideological indoctrination. The cult of 
personality of Kim Jong Il and his father and the official ``juche'' 
ideology declined somewhat, but remained an important ideological 
underpinning of the regime, approaching the level of a state religion. 
Under Kim Jong Il, the regime has emphasized a ``military first'' 
policy, purportedly necessitated by the external threat. Indoctrination 
is intended to ensure loyalty to the system and leadership, as well as 
conformity to the State's ideology and authority. The necessity for the 
intensification of such indoctrination is repeatedly stressed by the 
regime. The country attributed the collapse of the Soviet Union to 
insufficient ideological indoctrination and corrupt foreign influences.
    Indoctrination was carried out systematically: Through the mass 
media, in schools, and through worker and neighborhood associations. 
Kim Jong Il has stated that ideological education must take precedence 
over academic education in the nation's schools, and he also called for 
the intensification of mandatory ideological study and discussion 
sessions for adult workers. Indoctrination also involved mass marches, 
rallies, and staged performances, sometimes involving hundreds of 
thousands of persons.
    Collective punishment was practiced. Entire families, including 
children, have been imprisoned when one member of the family was 
accused of a crime. In November 2003, an investigator for a human 
rights nongovernmental organization (NGO) said that punishment could be 
extended to imprison three generations of a family for life at hard 
labor. Refugees have also documented this practice.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The Constitution provides for 
freedom of speech and the press; however, the Government prohibited the 
exercise of these rights in practice. Articles of the Constitution that 
require citizens to follow ``socialist norms of life'' and to obey a 
``collective spirit'' take precedence over individual political and 
civil liberties.
    The Government sought to control virtually all information. The 
Government carefully managed visits by foreigners, especially foreign 
journalists. In April, the Government denied journalists access to the 
scene of a train explosion at Ryongchon station that killed hundreds of 
persons, although foreign diplomats were granted access. On occasion, 
when it served its agenda, the Government allowed foreign media to 
cover certain events. During visits by foreign leaders, groups of 
foreign journalists were permitted to accompany official delegations 
and to file reports. In all cases, journalists were strictly monitored. 
They were not generally allowed to talk to officials or to persons on 
the street, and cellular or satellite phones were confiscated for the 
duration of a visitor's stay.
    Domestic media censorship was enforced strictly, and no deviation 
from the official government line was tolerated. During the year, 
Reporters Without Borders (RWB) reported that a state radio journalist 
was punished for mistakenly referring to a deputy minister as minister. 
He reportedly was sent to a ``revolutionization'' camp for several 
months. The regime prohibits listening to foreign media broadcasts 
except by the political elite, and violators are subject to severe 
punishment. Radios and television sets, unless otherwise altered, 
received only domestic programming; radios obtained from abroad must be 
altered to operate in a similar manner. During the year, there was 
evidence that radios were more accessible than in the past, due 
primarily to corrupt border guards. Some NGOs have reported that more 
defectors had listened to foreign broadcasts than in previous years. 
RWB reported that the authorities designated radio sets as ``new 
enemies of the regime'' on June 13, after human rights activists 
announced their intention to send transistor radios by balloon into the 
country.
    Private telephone lines operated on a system that precluded making 
and receiving international calls; international phone lines were 
available only under very restricted circumstances. Some deluxe hotels 
in Pyongyang offered Internet service for foreign visitors, but for 
citizens, Internet access was limited to high-ranking officials with a 
``need to know.'' This access was provided via international telephone 
lines to a provider in China.
    The Government severely restricted academic freedom and controlled 
artistic and academic works. A primary function of plays, movies, 
operas, children's performances, and books is to buttress the cult of 
personality surrounding Kim Il Sung and Kim Jong Il.

    b. Freedom of Peaceful Assembly and Association.--The Constitution 
provides for freedom of assembly; however, the Government did not 
respect this provision in practice. The Government prohibits any public 
meetings without authorization.
    The Constitution provides for freedom of association; however, the 
Government did not respect this provision in practice. There are no 
known organizations other than those created by the Government. 
Professional associations existed primarily to facilitate government 
monitoring and control over the organizations' members.

    c. Freedom of Religion.--The Constitution provides for ``freedom of 
religious belief;'' however, in practice the Government severely 
restricted religious freedom, including organized religious activity 
except that which is supervised by officially recognized groups linked 
to the Government. The Constitution also stipulates that religion 
``should not be used for purposes of dragging in foreign powers or 
endangering public security.'' Genuine religious freedom did not exist.
    The cult of personality of Kim Jong Il and his father and the 
official ``juche'' ideology remained important ideological 
underpinnings of the regime, approaching the level of a state religion. 
Refusal on religious or other grounds to accept the leader as the 
supreme authority exemplifying the State and society's needs is 
regarded as opposition to the national interest and may result in 
severe punishment.
    Several government sponsored religious organizations served as 
interlocutors with foreign church groups and international aid 
organizations. Foreigners who met with representatives of these 
organizations believed that some were genuinely religious, but noted 
that others appeared to know little about religious dogma, liturgy, or 
teaching.
    The number of religious believers was unknown, but has been 
estimated by the Government at 10,000 Protestants, 10,000 Buddhists, 
and 4,000 Catholics. In its July 2002 report to the U.N. Human Rights 
Committee, the Government reported the existence of 500 ``family 
worship centers.'' Some unconfirmed reports indicated that such worship 
centers were tolerated as long as they do not openly proselytize or 
have contact with foreign missionaries. In addition, an undetermined 
number of persons belonged to underground Christian churches that 
operated in secrecy and without the approval of the Government.
    The Chondogyo Young Friends Party, a government-sponsored group 
based on a traditional Korean religious movement, also remained in 
existence, with approximately 40,000 practitioners.
    Most of the 300 Buddhist temples in the country were regarded as 
cultural relics, but in some of them religious activity was permitted. 
Two Protestant churches under lay leadership and a Roman Catholic 
church (without a resident priest) operated in Pyongyang. Several 
government-controlled schools for religious education exist, including 
3 year religious colleges for training Protestant and Buddhist clergy 
to serve in the government-sponsored places of worship. A religious 
studies program also was taught at Kim Il Sung University. In September 
2003, construction reportedly was completed on the Pyongyang 
Theological Academy, a government sponsored graduate institution for 
pastors and evangelists. The Unification and Russian Orthodox Churches 
were building churches in Pyongyang.
    Many religious figures have visited the country in recent years, 
including papal representatives and religious delegations from the 
Republic of Korea, the United States, and other countries. Overseas 
religious relief organizations have been active in responding to the 
country's food crisis; however, they have been denied access to many 
areas of the country and their movement restricted and closely 
monitored. Foreigners who visited the country stated that church 
services contained political content supportive of the regime in 
addition to religious themes.
    Persons engaging in religious proselytizing have been arrested and 
were subject to harsh penalties, including imprisonment and prolonged 
detention without charge. The regime appeared to have cracked down on 
unauthorized religious groups in recent years, particularly those with 
ties to overseas evangelical groups operating across the border in 
China. The Government appeared especially concerned that religiously-
based South Korean relief and refugee assistance efforts along the 
northeast border with China were becoming entwined with political 
goals, including opposition to the regime. Some repatriated defectors 
who had established contacts with religiously based South Korean groups 
reportedly have been executed or received other especially harsh 
treatment due to these contacts.
    Religious and human rights groups outside the country continued to 
provide numerous unconfirmed reports that thousands of members of 
underground churches have been beaten, arrested, detained in prison 
camps, tortured, or killed because of their religious beliefs. The 
regime continued to view religious believers belonging to underground 
congregations or with ties to evangelical groups in North China as 
subversive.
    However, members of government-recognized religious groups did not 
appear to suffer discrimination, perhaps because, as some reports 
claimed, they had been mobilized by the regime. Persons whose parents 
were believers but who themselves were nonpracticing were able to rise 
in recent years to at least the mid-levels of the bureaucracy. Such 
individuals, as a category, suffered broad discrimination in the past.
    In testimony given in the early 1990s, witnesses said that 
prisoners held on the basis of their religious beliefs generally were 
treated worse, sometimes much worse, than other inmates. One such 
witness, a former prison guard, testified that those believing in God 
were regarded as insane, since authorities taught ``all religions are 
opiates.'' He recounted an instance in which a woman was kicked 
repeatedly and left with her injuries unattended for days because a 
guard overheard her praying for a child who was being beaten.
    For a more detailed discussion, see the 2004 International 
Religious Freedom Report.

    d. Freedom of Movement Within the Country, Foreign Travel, 
Emigration, and Repatriation.--The Constitution provides for the 
``freedom to reside in or travel to any place''; however, the 
Government did not respect these rights in practice. In the past, the 
regime has controlled internal travel strictly, requiring a travel pass 
for any movement outside one's home village. Numerous reports in recent 
years suggested that internal travel rules have been relaxed to allow 
citizens to search for food, conduct local market activities, or engage 
in enterprise-to-enterprise business activities. However, only members 
of a very small elite and those with access to remittances from 
overseas had access to personal vehicles. The Government strictly 
controlled permission to reside in, or even to enter, Pyongyang, where 
food supplies, housing, health, and general living conditions were much 
better than in the rest of the country.
    The regime only issues exit visas for foreign travel to officials 
and trusted businessmen, artists, athletes, academics, and religious 
figures. Short-term exit papers were also available for residents on 
the Chinese border to enable visits with relatives in bordering regions 
of China. In addition, others were able to obtain papers to engage in 
small-scale trade in the immediate bordering Chinese provinces.
    The Government routinely uses forced internal resettlement and has 
relocated many tens of thousands of persons from Pyongyang to the 
countryside, although not always as punishment for offenses. For 
example, although disabled veterans are treated well, other persons 
with physical and mental disabilities, as well as those judged to be 
politically unreliable, have been sent out of the city into internal 
exile.
    The Government did not allow legal emigration, although officials 
in border areas reportedly have often taken bribes from or simply let 
pass persons crossing the border with China without required permits.
    Since the mid-1990s, substantial numbers of North Koreans have 
crossed the border into China and some have proceeded to the Republic 
of Korea, Hong Kong, Vietnam, Cambodia, and other Asian countries. Many 
of those who crossed into China during the year returned to North 
Korea. The Chinese government denied the UNHCR permission to operate 
along its border with the DPRK and several thousand North Koreans were 
reportedly detained and forcibly returned to North Korea, where many 
faced persecution and some of whom may have been executed upon their 
return.
    The Penal Code criminalizes defection and attempted defection, 
including the attempt to gain entry to a foreign embassy for the 
purpose of seeking political asylum. Individuals who cross the border 
with the purpose of defecting or seeking asylum in a third country are 
subject to a minimum of 5 years of ``labor correction.'' In ``serious'' 
cases, defectors or asylum seekers are subject to an indefinite term of 
imprisonment and forced labor, confiscation of property, or death. Many 
would-be refugees who were returned involuntarily have been imprisoned 
under harsh conditions, some have been executed and pregnant women have 
been forced to have abortions or witness the killing of their infants 
after birth (see Section 1.a.). Some sources say that the harshest 
treatment is reserved for those who have had extensive contact with 
Christian missionaries.
    Under new regulations that may be aimed at differentiating between 
defectors and the migrants that illegally leave the country to seek 
economic opportunity in China, the Penal Code stipulates a sentence of 
up to 2 years of ``labor correction'' for the lesser crime of illegally 
crossing the border. Several NGOs operating in the region confirm that 
repatriated migrants have been subject to less severe punishments upon 
their return to North Korea in recent years. In previous years, some 
migrants have stated that border guards had orders to shoot to kill 
persons attempting to cross the border into China and that the regime 
reportedly retaliated against the relatives of some of those who 
managed to leave the country. However, there is some evidence that 
suggests that because bribery and corruption was rampant, these orders 
were not strictly enforced during the year.
    AI reported that in September, Chang Gyung Chul and Chang Gyung Soo 
were sentenced to 10 years' imprisonment for their unauthorized exit 
from the country. Their cousin Chang Mi Hwa reportedly was sentenced to 
5 years' imprisonment and was thought to be under house arrest. The 
three were detained in Shanghai and repatriated to North Korea.
    During the year, deportations of North Koreans from China 
continued. Most observers estimated that since 1994 there have been at 
least tens of thousands, and perhaps several hundred thousand North 
Koreans in China. Most crossed the border illegally in small groups to 
seek food, shelter, and work. Some have settled semi-permanently in 
Northeastern China, while others travel back and forth across the 
border. Since 2000, the Chinese government sporadically has sought out 
and forcibly repatriated large numbers of these persons, whom Chinese 
authorities regarded as illegal economic migrants. Deportations 
appeared to have risen in 2001 and 2002 after North Koreans began 
seeking onward travel to South Korea through high-profile tactics such 
as seeking asylum in diplomatic missions. Deportations continued, 
albeit at what appeared to be a slower pace than in previous years.
    During the year, 1,894 North Koreans were able to travel to the 
Republic of Korea after seeking refuge primarily in South Korean 
diplomatic missions in China and other countries. Notable incidents 
included the airlift of 468 North Koreans from an unidentified third 
country, and, in September, 44 North Koreans scaled the walls of the 
Canadian Embassy in Beijing in an attempt to seek asylum.
    North Koreans in Russia also suffered serious human rights abuses. 
Many were workers employed under harsh conditions under contracts 
entered into by the North Korean authorities with Russian firms. Many 
such North Koreans in Russia had their passports and other 
identification confiscated by North Korean border guards and faced 
severe hardship due to their lack of any identification. However, many 
workers were there voluntarily. Work abroad is highly sought after and 
most workers are vetted by the party for their ideological health and 
background.
    For several years beginning in the 1990s, the country permitted a 
few of the thousands of Japanese wives with North Korean husbands to 
make short trips to visit their families in Japan. Because of the 
abduction controversy, these visits have been suspended.
    Since the June 2000 inter-Korean summit, there have also been 
several family reunions in the North and the South involving hundreds 
of persons.
    The Government has permitted an increasing number of overseas 
Koreans to visit relatives in North Korea over the past decade The pro-
North Korean groups arranging these visits charge application fees of 
several thousand dollars.
    Although a member of the U.N., the country did not participate in 
international refugee forums. The Government had no known policy or 
provision for refugees or asylees.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    Citizens do not have the right to change their leadership or 
government peacefully. The KWP and the KPA, with Kim Jong Il in 
control, dominate the political system. Very little reliable 
information is available on intra-regime politics. The legislature, the 
Supreme People's Assembly (SPA), meets only a few days per year to 
rubber-stamp resolutions presented to it by the party leadership.
    The regime justifies its dictatorship with arguments derived from 
concepts of collective consciousness and the superiority of the 
collective over the individual, appeals to nationalism, and citations 
of the juche ideology. The authorities emphasize that the core concept 
of juche is ``the ability to act independently without regard to 
outside interference.'' Originally described as ``a creative 
application of Marxism-Leninism'' in the national context, juche is a 
malleable philosophy reinterpreted from time to time by the regime as 
its ideological needs changed.
    In an effort to give the appearance of democracy, the Government 
has created several ``minority parties.'' Lacking grassroots 
organizations, they exist only as rosters of officials with token 
representation in the SPA. Their primary purpose appeared to be 
promoting government objectives abroad as touring parliamentarians. 
Free elections did not exist, and the regime criticized the concept of 
free elections and competition among political parties as an 
``artifact'' of ``capitalist decay.''
    Elections to the SPA and to provincial, city, and county assemblies 
are held irregularly and are not free and fair. Elections were held in 
1990, 1998, and in August 2003; the outcomes of all were virtually 
identical.
    Women reportedly made up 20 percent of the membership of the SPA, 
but only approximately 4 percent of the membership of the Central 
Committee of the KWP.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    There are no independent domestic organizations to monitor human 
rights conditions or to comment on violations of such rights, and the 
Government is unlikely to allow them to be formed. The government's 
North Korean Human Rights Committee has denied the existence of any 
human rights violations in the country.
    In July 2001, a North Korean delegate reporting to the U.N. Human 
Rights Committee dismissed reports of human rights violations in the 
country as the propaganda of ``egoistic'' and ``hostile forces'' 
seeking to undermine the sovereignty of the country.
    The Government has ignored requests for visits by international 
human rights organizations, and none were known to have visited since a 
1996 AI visit.
    The NGO community and numerous international experts continued to 
testify to the grave human rights situation in North Korea.
    A number of countries that have established relations with the 
country in recent years have sought to engage it on human rights. In 
2001 and 2002, North Korean officials and EU representatives held 
dialogues on human rights. North Korea emphasized that it had ratified 
most U.N. human rights instruments. Human rights concerns were further 
addressed during political consultations during the year. In April 
2003, the UNCHR for the first time adopted a resolution on the 
situation of human rights in the country. The resolution, among other 
things, expressed ``deep concern about reports of systemic, widespread 
and grave violations of human rights `and note(d) with regret that the 
authorities' have not created the necessary conditions to permit the 
international community to verify these reports'.'' In April, the UNCHR 
called for the appointment of a special rapporteur on human rights in 
the country, but he was not allowed to visit the country to assess the 
situation according to his mandate. In September, the United Kingdom 
sent a delegation to Pyongyang for formal discussions on human rights 
which achieved little in terms of progress.
    Although not involved in monitoring human rights, the World Food 
Program (WFP) visited 161 of the country's 203 counties during the year 
to monitor food distribution and survey nutritional needs. The number 
of WFP monitoring visits has increased substantially since the WFP 
first established its presence in the country in 1995. However, 
starting in the fall, the North Korean government refused a larger 
proportion of requests for monitoring visits than it had in recent 
years. In addition, the WFP ceased to visit and distribute food to nine 
counties due to new access restrictions by North Korean authorities. As 
a result, regular access has been reduced to 152 out of a total 203 
counties. The North Korean government has never permitted monitoring 
visits to certain areas of the country it has deemed ``sensitive.'' The 
government also has never permitted monitoring visits to be made on a 
random or short-notice basis, thus limiting their effectiveness in 
verifying that aid reached intended recipients on a sustained basis. 
Another monitoring shortcoming is that the Government has not provided 
the WFP a full list of the institutions (schools, orphanages, 
hospitals, etc.) that receive the food. The WFP has also not been 
allowed to bring in native Korean speakers for its staff; however, WFP 
staff has been permitted to study the Korean language. For the second 
year, South Korean monitoring teams were allowed to observe briefly the 
distribution of food provided on a bilateral basis. For every 100,000 
tons of food delivered, the Republic of Korea was allowed to send three 
monitoring teams to visit any of the previously agreed-upon 
distribution points.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The Constitution grants equal rights to all citizens. However, the 
Government denied its citizens most fundamental human rights in 
practice, and there was pervasive discrimination on the basis of social 
status.

    Women.--The Constitution states ``women hold equal social status 
and rights with men''; however, although women were represented 
proportionally in the labor force, few women had reached high levels of 
the Party or the Government. In addition, there are indications that 
the number of women in the workforce has been declining since the 
economic reforms were instituted. There is no evidence that this 
decline is the result of a Government policy; rather, it is probably 
the consequence of widespread factory closures.
    There was no information available on domestic and general societal 
violence against women; women prisoners reportedly were subject to rape 
and forced abortions (see Section 1.c.).
    Working-age women, like men, are required to work. They were thus 
required to leave preschool age children in the care of elderly 
relatives or in state nurseries. According to the Constitution, women 
with large families are to work shorter hours. There were reports of 
trafficking in women and young girls among North Koreans crossing the 
border into China (see Section 5, Trafficking). During the year, 
approximately two-thirds of the refugees who found safe haven in South 
Korea were women.

    Children.--The State provides compulsory education for all children 
until the age of 15. However, in the past, some children were denied 
educational opportunities and subjected to other punishments and 
disadvantages as a result of the loyalty classification system and the 
principle of ``collective retribution'' for the transgressions of 
family members (see Section 1.f.). However, there was some evidence 
that the rigidity of the loyalty classification system has eroded.
    Like others in society, children were the objects of intense 
political indoctrination; even mathematics textbooks propound party 
dogma. In addition, foreign visitors and academic sources reported that 
children from an early age were subjected to several hours a week of 
mandatory military training and indoctrination at their schools. School 
children sometimes were sent to work in factories or in the fields for 
short periods to assist in completing special projects or in meeting 
production goals.
    The WFP reported feeding 3.36 million children during the year. A 
nutrition survey carried out in 2002 by UNICEF and the WFP, in 
cooperation with the Government, found that in the sample of 6,000 
children, 20 percent were underweight and 39 percent were stunted. This 
was an improvement compared to a 1998 UNICEF/WFP survey. Although 
UNICEF and WFP did not have unrestricted access in carrying out these 
surveys, the general conclusion of improvement in the nutritional 
situation of children is considered valid. A new survey was carried out 
during the year, but the results had not been released by year's end.
    In practice, children did not enjoy any more civil liberties than 
adults. The U.N. Committee on the Rights of the Child has repeatedly 
expressed concern over de facto discrimination against children with 
disabilities and the insufficient measures taken by the State to ensure 
that these children had effective access to health, education, and 
social services, and to facilitate their full integration into society.
    Information about societal or familial abuse of children is 
unavailable. There were reports of trafficking in young girls among 
persons crossing the border into China (see Section 5, Trafficking).

    Trafficking in Persons.--There were no known laws specifically 
addressing the problem of trafficking in persons, and trafficking was a 
growing problem. There were widespread reports of trafficking in women 
and young girls into China. Some were sold by their families or by 
kidnappers as wives or concubines to men in China; others fled on their 
own volition to escape starvation and deprivation. A network of 
smugglers reportedly facilitated this trafficking. Many such women, 
unable to speak Chinese, were held as virtual prisoners, and some were 
forced to work as prostitutes.

    Persons With Disabilities.--Traditional social norms condone 
discrimination against persons with physical disabilities. Apart from 
veterans with disabilities, persons with disabilities were almost never 
seen within the city limits of Pyongyang, and several defectors and 
other former residents reported that persons with disabilities 
routinely were relocated to rural areas. Furthermore, some NGO reports 
claimed that these persons were predominantly sent to the northeastern 
part of the country. However, recent visitors to Pyongyang have 
reported seeing persons with disabilities on the streets of the 
capital. There are no legally mandated provisions for accessibility to 
buildings or government services for persons with disabilities.
Section 6. Worker Rights
    a. The Right of Association.--The Constitution provides for freedom 
of association; however, this provision was not respected in practice. 
There are no known labor organizations other than those created by the 
Government. The KWP purports to represent the interests of all labor. 
There is a single labor organization, the General Federation of Trade 
Unions of Korea. Operating under this umbrella, unions function on the 
classic ``Stalinist model,'' with responsibility for mobilizing workers 
to support production goals and for providing health, education, 
cultural, and welfare facilities.
    The country is not a member of the International Labor 
Organization, but does have observer status.

    b. The Right to Organize and Bargain Collectively.--Workers do not 
have the right to organize or to bargain collectively. Factory and farm 
workers are organized into councils, which do have an impact on 
management decisions. Unions do not have the right to strike.
    There is one special enterprise zone (SEZ) in the Rajin-Songbon 
area. The same labor laws that applied in the rest of the country 
applied in the Rajin-Songbon SEZ, and workers in the SEZ were carefully 
screened and selected. The Kaesong Industrial Complex (IC) began 
operating in December eight miles north of the Demilitarized Zone with 
15 South Korean companies selected for the pilot phase. While the 
workers for the Kaesong IC were also screened and selected, special 
regulations were negotiated between the two Koreas in 2002 and 2003 for 
the management of the area. The respective Assemblies of both North and 
South Korea approved the Kaesong Industrial Complex Act. Per this 
agreement, North Korean workers in the Kaesong IC are guaranteed a 
monthly minimum wage. All companies will be managed by South Korean 
staff who have the authority to make all labor management decisions in 
their company, including who is hired and who is let go.

    c. Prohibition of Forced or Compulsory Labor.--In its 2000 and 2001 
reports to the U.N. Human Rights Committee, the Government claimed that 
its laws prohibit forced or compulsory labor. However, the Government 
frequently mobilized the population for construction projects and for 
mass demonstrations and performances. ``Reformatory labor'' and 
``reeducation through labor'' were common punishments for political 
offenses. Forced and compulsory labor, such as logging and tending 
crops, was common among prisoners.
    The Constitution requires that all citizens of working age must 
work and ``strictly observe labor discipline and working hours.'' 
According to the new Penal Code, failure to meet economic plan goals 
can result in 2 years of ``labor correction.''

    d. Prohibition of Child Labor and Minimum Age for ployment.--
According to the Constitution, the State prohibits work by children 
under the age of 16 years, and the Penal Code crimalizes forced child 
labor. School children may be assigned to factories or farms for short 
periods to help meet production goals, and to other work like snow 
removal on major roads.

    e. Acceptable Conditions of Work.--No data was available on the 
minimum wage in state-owned industries. Since the July 2002 economic 
reforms, wages have become the primary form of compensation, and 
factory managers have had more latitude to set wages and provide 
incentives. Workers are expected to use some of their increased income 
to pay for services that had been provided either free or at highly 
subsidized rates by the State, such as rent for housing and fees for 
transportation. While access to education and medical care may 
technically remain free, educational materials and medicines appear 
available only for purchase in markets. At the Kaesong Industrial 
Complex, South Korean companies paid North Korean workers $57.50 per 
month, of which $50 will go directly to the worker and $7.50 will go to 
the Government as a social insurance fee.
    Class background and family connections may be as important as 
professional competence in deciding who receives a particular job, and 
foreign companies that have established joint ventures report that all 
their employees must be hired from registers screened by the 
authorities. Unlike the previous Penal Code, the new code does not 
address persistent tardiness.
    The Constitution stipulates an 8-hour workday; however, several 
sources reported that most laborers worked from 12 to 16 hours daily 
when factories were operating. Some of this additional time appeared to 
include mandatory study of the writings of Kim Il Sung and Kim Jong Il. 
The Constitution provides all citizens with a ``right to rest,'' 
including paid leave, holidays, and access to sanitariums and rest 
homes funded at public expense; however, the state's willingness and 
ability to provide these services is unknown. Paid leave was provided 
on public holidays, but on some holidays some persons were required to 
participate in mass demonstrations involving extra hours of 
preparation.
    Many worksites were hazardous, and the rate of industrial accidents 
was high. The Constitution recognizes the state's responsibility for 
providing modern and hygienic working conditions. The Penal Code 
criminalizes the failure to heed ``labor safety orders'' pertaining to 
worker safety and workplace conditions only if it results in the loss 
of lives or other ``grave loss.'' In addition, workers do not have an 
enumerated right to remove themselves from hazardous working 
conditions.

                               __________

                           REPUBLIC OF KOREA

    The Republic of Korea (Korea) is a constitutional democracy 
governed by a president and a unicameral legislature. Citizens 
regularly choose their representatives in free and fair multiparty 
elections. In December 2002, President Roh Moo-hyun was elected to a 5-
year term of office. On March 12, the National Assembly impeached the 
President over campaign irregularities. Following the impeachment vote, 
in accordance with the Constitution, the Prime Minister assumed the 
duties of President. In April, in a free and fair election, President 
Roh's Uri Party obtained a majority 151 of 299 National Assembly seats. 
The Constitutional Court reinstated the President shortly after the 
April election. The judiciary is generally independent.
    Responsibility for maintaining internal security lies with the 
National Intelligence Service (NIS), the National Police Administration 
(NPA), and the Defense Security Command (DSC). The NIS and the DSC are 
legally barred from involvement in domestic politics, although the NIS 
is authorized to investigate organizations believed to support the 
Government of the Democratic People's Republic of Korea (North Korea). 
Some members of the police committed occasional human rights abuses.
    The country has an estimated per capita income of $13,000 for its 
estimated 48.3 million persons. In December, unemployment was 3.6 
percent, and the rate of inflation was also 3.6 percent. With an 
estimated growth rate of 4.5 to 4.7 percent, the economy depended on 
key exports including electronics, automobiles, chemicals, ships, and 
steel.
    The Government generally respected the human rights of its 
citizens; however, there were problems in some areas. The police and 
prison personnel at times physically and verbally abused detainees, 
although such abuses have declined in recent years. The National 
Security Law (NSL) curtailed free speech and press, peaceful assembly 
and association, and free travel. Domestic violence, rape, and child 
abuse remained serious problems. Women and minorities continued to face 
legal and societal discrimination. The country was a country of origin, 
transit, and destination for trafficking in persons. As a country of 
origin, women were trafficked primarily for sexual exploitation to the 
United States, sometimes through Canada, as well as to other Western 
countries and Japan. The Government implemented strict laws to curb 
prostitution and human trafficking and to aid trafficking victims. Many 
public sector employees did not enjoy the right of association.
                        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.
    The Presidential Truth Commission on Suspicious Deaths continued to 
investigate and redress cases of government-sanctioned torture and 
killing of pro-democracy activists under the military regimes of the 
past. Since its inception in 2000, the Commission has reviewed 85 cases 
and confirmed 30 cases of suspicious deaths.

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

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The Penal Code prohibits mistreatment of suspects, and 
officials generally observed this prohibition in practice. The 
Government ordered investigating authorities to protect the human 
rights of suspects, and allegations of abuse by the authorities of 
those in custody continued to decline. However, some nongovernmental 
organizations (NGOs) alleged that police sometimes abused persons in 
custody. During the year, there were 26 cases of guards allegedly using 
excessive force. In some of these cases, the guards were accused of 
using improper restraints on prisoners. The Ministry of Justice stated 
that these allegations were all investigated and found to be without 
merit. In recent years, under the National Public Service Law and 
criminal law, a number of police and security officials accused of 
abuse or harassment have been punished or disciplined through demotion, 
pay cuts, and dismissal. During the year, no police officials were 
charged under criminal law for abuses committed while on duty; however, 
as of July, police were disciplined pursuant to administrative 
procedures 632 times.
    During the year, there were occasions when demonstrators used 
violent tactics; however, unlike in previous years there were no 
reports that police used excessive force.
    The Government continued to investigate past abuses. By year's end, 
the Commission for the Restoration of Honor and Compensation to 
Activists of the Democratization Movement, established to review cases 
in which political activists may have been tortured, had reviewed 8,182 
cases since 2000 and determined that compensation was due in 499 of 
them.
    Prison conditions generally met international standards, and the 
Government continued to upgrade penal facilities. By year's end, the 
Government began operating two new facilities to ease overcrowding, 
implemented new reception systems, and upgraded its information 
systems. It also implemented a new vocational training program, with 
special programs for women and persons with disabilities.
    A new law outlawed consecutive solitary confinement and reduced the 
maximum period of solitary confinement from 2 months to 1 month. The 
new law also abolished the use of leather belts to bind the upper body 
of prisoners. Nevertheless, the NGO Asian Legal Resource Center (ALRC), 
in a report to the U.N. Commission on Human Rights, criticized the 
conditions of detention in disciplinary cells, found the guidelines for 
determining the period of solitary confinement too ambiguous, and 
objected to the continued use of long chains and facemasks to 
discipline prisoners. The ALRC alleged that the padded helmet-style 
facemasks were used to punish prisoners; however, the authorities 
stated that the masks were used to prevent violent prisoners from 
harming themselves or others.
    Inmates had access to reading materials, telephones, and television 
broadcasts. Education in computers and foreign languages, occupational 
training programs, and an Inmate Employment Center helped inmates 
prepare to resume normal lives. Most prisoners were allowed to receive 
up to five visitors four to six times per month. Some prisoners were 
allowed unlimited visits. Model prisoners who had served more than one-
third of their sentences were allowed unsupervised meetings with 
visitors and were exempt from mail censorship. Some were eligible for 
overnight leave. Pregnant inmates received special treatment, including 
supplementary food, for the full term of their pregnancies and were 
allowed to live with their babies for up to 18 months. Pregnant inmates 
also received prenatal care for the full term of their pregnancies. 
Female inmates were not searched by male prison guards without the 
prior consent of the prison warden, and a female guard was present 
during such searches.
    Female prisoners were segregated from male prisoners, and juveniles 
were segregated from adults. Pretrial detainees were separated from 
convicted prisoners.
    The Government permitted visits by independent human rights 
observers. The National Human Rights Commission monitored prison 
conditions through a prisoner petition system, in which prisoners could 
submit suggestions through a petition box in each prison. The 
Commission also conducted investigations and studies on medical 
equipment and facilities in prisons, provision of medical services, and 
conditions in military prisons. Human rights NGOs are allowed to visit 
prisons by appointment and to submit recommendations to prison 
authorities. The International Committee of the Red Cross has the right 
to visit prisons; however, it does not maintain a presence in the 
country.

    d. Arbitrary Arrest or Detention.--Laws regarding arrest and 
detention are vague, and prosecutors had wide latitude. For example, 
the NSL defines espionage in broad terms and permits the authorities to 
detain and arrest persons who commit acts viewed as supporting North 
Korea, and therefore deemed dangerous to the country. The NSL permits 
the imprisonment for up to 7 years of anyone who ``with the knowledge 
that he might endanger the existence or security of the State or the 
basic order of free democracy, praised, encouraged, propagandized for, 
or sided with the activities of an anti-state organization.'' The legal 
standard for what constitutes ``endangering the security of the State'' 
is vague. Thus, persons have been arrested for what appeared to be the 
peaceful expression of views that the Government considered pro-North 
Korean or anti-state. In September, the Seoul High Court upheld the 
conviction of Min Gyeong-woo, an executive member of the Pan-Korean 
Alliance for Reunification, for notifying the Alliance's North Korean 
headquarters about the activities of student movements in South Korea, 
praising the North Korean political system, and possessing ``anti-State 
materials'' such as pro-North Korea books and documents. Between 
January 2003 and July 2003, 43 persons were arrested for violating the 
NSL, and 9 persons remained in custody as of year's end. One high-
profile case was that of Professor Song Du-yul, a longtime resident of 
Germany convicted of supporting the North Korean regime. He was 
sentenced to 7 years' imprisonment, but was released in July (see 
Section 2.d.).
    Because of the vagueness of the NSL and the invocation of 
classified security threat information regarding the Korean Peninsula, 
the Government is relieved of the burden of proof that any particular 
speech or action in fact threatens the nation's security.
    The U.N. Human Rights Committee has termed the NSL ``a major 
obstacle to the full realization of the rights enshrined in the 
International Covenant on Civil and Political Rights.'' In October, the 
ruling party submitted a bill to the National Assembly that, if passed, 
would abolish the NSL. However, due to a lack of consensus, National 
Assembly action on the NSL was postponed until 2005.
    The NPA is under the Ministry of Government Administration and Home 
Affairs. The approximately 93,000 member force has a national 
headquarters in Seoul, 5 special agencies, including the Maritime 
Police, 13 provincial headquarters, 220 police stations, and 3,389 
branch offices. The NPA was considered well disciplined, and corruption 
and impunity were not major problems.
    The Criminal Code requires warrants in cases of arrest, detention, 
seizure, or search, except if a person is apprehended while committing 
a criminal act or if a judge is not available and the authorities 
believe that a suspect may destroy evidence or escape capture if not 
quickly arrested. In such emergency cases, judges must issue arrest 
warrants within 48 hours after the suspect is apprehended, or, if a 
court is not located in the same county, within 72 hours. Police may 
detain suspects who appear voluntarily for questioning for up to 6 
hours, but must notify the suspects' families. The police generally 
respected these requirements.
    Authorities normally must release an arrested suspect within 20 
days unless an indictment is issued. An additional 10 days of detention 
is allowed in exceptional circumstances. Consequently, detained 
suspects were a relatively small percentage of the total prison 
population.
    The Constitution provides for the right to representation by an 
attorney, including during police interrogation. There were no reports 
of access to legal counsel being denied. There is a bail system, but 
human rights lawyers said bail generally was not granted for detainees 
who were charged with committing serious offenses, might attempt to 
flee or harm a previous victim, or had no fixed address.
    Typically, on several occasions during the year, the Government 
grants special pardons or reinstatements of civil rights to persons, 
including some imprisoned for violations of the NSL or for engaging in 
violence during labor demonstrations. In May, the Government pardoned 
1,489 prisoners.

    e. Denial of Fair Public Trial.--The Constitution provides for an 
independent judiciary, and the Government generally respected this 
provision in practice. Of the nine justices on the Constitutional 
Court, three are appointed by the President, three are elected by the 
National Assembly, and three are designated by the chief justice of the 
Supreme Court. Although judges do not receive life appointments, they 
cannot be fired or transferred for political reasons. The Prosecutor's 
Office, under the jurisdiction of the Ministry of Justice (MOJ), has 
shown increased independence and impartiality in recent years.
    Local courts are presided over by judges who render verdicts in all 
cases. There is no trial by jury. Both defendants and prosecutors can 
appeal a verdict or a sentence to a district appeals court and to the 
Supreme Court. Constitutional challenges can be taken to the 
Constitutional Court.
    The Constitution provides defendants with a number of rights in 
criminal trials, including the presumption of innocence, protection 
against self-incrimination, freedom from retroactive laws and double 
jeopardy, the right to a speedy trial, and the right of appeal. 
Although the Constitution prohibits double jeopardy, the courts have 
interpreted this provision to mean that a suspect cannot be indicted or 
punished more than once for the same crime. However, the prosecution 
can appeal a not guilty verdict or a sentence it considers excessively 
lenient; thus, a suspect may in fact be tried more than once for the 
same crime. When a person is detained, the initial trial must be 
completed within 6 months of arrest. These rights generally were 
observed. Trials are open to the public, but a judge may restrict 
attendance if he believed spectators might disrupt the proceedings.
    Judges generally allowed considerable scope for examination of 
witnesses by both the prosecution and defense. Cases involving national 
security and criminal matters are tried by the same courts. Although 
few convictions were overturned, appeals often resulted in reduced 
sentences. Death sentences are appealed automatically.
    It was difficult to estimate the number of political prisoners 
because it was not clear whether particular persons were arrested for 
exercising the rights of free speech or association, or were detained 
for committing acts of violence or espionage. Minganhyup, an NGO, 
estimates that the police arrested, tried, and convicted 189 political 
prisoners during the year, including 37 for violating the NSL and 55 
for violating the Assembly and Demonstration Law.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The law prohibits such actions, and the Government 
generally respected these prohibitions in practice. However, some human 
rights groups were concerned about possible governmental abuse of 
eavesdropping. According to Privacy International, some human rights 
groups argued that a considerable amount of illegal wiretapping, 
shadowing, and surveillance photography still occurred, and they 
asserted that the lack of an independent body to investigate whether 
police had employed illegal wiretaps hindered the effectiveness of the 
anti-wiretap law. The Anti-Wiretap lays out broad conditions under 
which the Government may monitor telephone calls, mail, and other forms 
of communication for up to 2 months in criminal investigations and 4 
months in national security cases. According to the Ministry of 
Information and Communication, there were 917 government wiretappings 
between January and June, an increase of 14.8 percent from the second 
half of 2003.
    The Government continued to require some released prisoners to 
report regularly to the police under the Social Surveillance Law.
    The NSL forbids citizens from listening to North Korean radio in 
their homes or reading books published in North Korea if the Government 
determines that the action endangers national security or the basic 
order of democracy in the country. However, this prohibition was rarely 
enforced, and the viewing of North Korean satellite telecasts in 
private homes is legal. The Government also allows the personal perusal 
of North Korean books, music, television programs, and movies as a 
means to promote understanding and reconciliation with North Korea. 
North Korean books were sold openly in a few shops.
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, under the NSL, the Government may limit the 
expression of ideas that authorities consider Communist or pro-North 
Korean. Broad interpretations of the NSL allowed for restrictions on 
peaceful dissent. Proposals to annul or substantially revise the NSL 
were under review in the National Assembly at year's end. An 
independent press, an effective judiciary, and a functioning democratic 
political system combined to ensure freedom of speech and of the press.
    The ruling party introduced a bill that would limit the market 
share of any one daily newspaper to 30 percent. Under the bill, it 
would be illegal for the combined market share of any three newspapers 
to be more than 60 percent. The country's largest circulation 
newspapers, which would be adversely affected by this legislation, were 
considered pro-opposition. In addition, the party also plans to 
restrict the total amount of advertising that a newspaper can carry. 
The NGO community has expressed concern that the law would be used to 
control the printed press sector. The Government dropped a series of 
libel lawsuits filed last year against several newspapers.
    The state-owned radio and television network maintained a 
considerable degree of editorial independence in its news coverage. A 
member of the Korean Federation of University Student Councils, an 
illegal group also known as ``Hanchongryn,'' was indicted on charges of 
producing and distributing pro-North Korean materials.
    The Government blocked violent and sexually explicit Web sites, and 
required site operators to rate their site as harmful or not harmful to 
youth. In response to a lawsuit by some who alleged the Government's 
actions infringed on their ``right to happiness,'' the Seoul District 
Court ruled in October that it is lawful to prohibit the manufacture 
and distribution of pornography. On January 4, the Government's Youth 
Protection Committee removed homosexuality from the list of harmful 
materials to youth. Thus, unlike in the past, homosexual Web sites were 
not automatically blocked.
    In November, the Government blocked access to 31 overseas-based 
pro-North Korean Web sites that were categorized as harmful to the 
public by the police and the state intelligence agency. In March, two 
students were arrested and charged for breaking electoral law by 
distributing political cartoons online.
    Hanchongryn continued to maintain that police informants were 
posted on university campuses.

    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. The Law on Assembly and 
Demonstrations prohibits assemblies that are considered likely to 
undermine public order. The Law requires that the police be notified in 
advance of demonstrations of all types, including political rallies. 
The police must notify organizers if they consider an event 
impermissible under this law; however, demonstrations routinely were 
approved.
    In October 2003, the Constitutional Court found that provisions of 
the law that made it a crime to hold demonstrations within 100 yards of 
a foreign mission were unconstitutional. In January, the National 
Assembly amended the law to try to meet the constitutional strictures. 
In March, civic organizations organized huge downtown candlelight 
gatherings to protest the impeachment of the President. Although the 
NPA stated that the rallies were illegal, the Government permitted the 
rallies, which were peaceful and included children and older persons.
    During the year, demonstrators on several occasions used steel bars 
to attack police. They also sometimes used trucks to disrupt traffic. 
The Constitution provides for freedom of association, and the 
Government generally respected this right in practice. Associations 
operated freely, except those deemed by the Government to be seeking to 
overthrow the Government.

    c. Freedom of Religion.--The Constitution provides for freedom of 
religion, and the Government generally respected this right in 
practice.
    The Government currently provides no exemption or alternative 
civilian service for those who have a religious objection to duty in 
the armed forces. According to the Justice Ministry, during the year 
874 persons, most of whom are Jehovah's Witnesses, were imprisoned 
(serving sentences or awaiting trial in prison) for refusing to serve 
their military duty. They were allowed to conduct their own religious 
services in prison.
    For a more detailed discussion, see the 2004 International 
Religious Freedom Report.

    d. Freedom of Movement Within the Country, Foreign Travel, 
Emigration, and Repatriation.--Most citizens could move freely 
throughout the country; however, police had discretion to restrict the 
movements of some former prisoners. Foreign travel generally was 
unrestricted; however, the Government must approve travel to North 
Korea. To obtain approval, potential visitors must demonstrate that 
their trip does not have a political purpose and is not undertaken to 
praise North Korea or criticize the Government. During the year, the 
Government continued to promote the expansion of North-South 
government, economic, cultural, and tourism-related contacts. However, 
travelers to North Korea who did not receive government permission were 
subject to arrest upon their return. There was one such case during the 
year.
    In the past, the Government forbade some citizens convicted of 
politically related crimes from returning to the country, and some 
citizens still faced sanctions if they chose to return. For example, 
dissident scholar Song Du-yul returned to the country in September 2003 
after 37 years of self-imposed exile and was accused of being a member 
of the Korean Worker's Party (the North Korean Communist Party). In 
March, the Seoul Central District Court sentenced Song to 7 years in 
prison. Song, however, was released from jail in July and returned to 
Germany.
    The country is a party to the 1951 Convention on the Status of 
Refugees and its 1967 Protocol, and 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 
practice, the Government provided protection against refoulement, the 
return of persons to a country where they feared persecution; however, 
the Government did not routinely grant refugee or asylum status. 
Government guidelines provide for offering temporary refuge in the case 
of a mass influx of asylum seekers. The Government also provided an 
alternative form of protection, a renewable, short-term permit, to 
those that met a broader definition of ``refugee.'' According to the 
UNHCR, the frequent rotation and limited training of immigration 
officers and a complicated deliberation process that required 2-tiered 
meetings of 12 governmental and nongovernmental council members 
prevented timely action. Case determination normally took from 2 to 3 
years. In addition, some asylum seekers were not well-counseled on 
their rights. There were some instances of improper actions, such as 
consulting the embassy of the origin country for information. Unlike in 
previous years, asylees were provided with competent and independent 
interpreters and there were no reported cases of applicants being told 
that they had no reason to seek asylum.
    During the year, the Government continued its longstanding policy 
of accepting refugees from North Korea. At year's end, 1,894 former 
North Koreans had resettled in the country, resulting in a total 
population of 6,304 former North Koreans living in South Korea.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The Constitution provides citizens with the right to change their 
government peacefully, and citizens exercise this right in practice 
through periodic, free, and fair elections held on the basis of 
universal suffrage for all citizens 20 years of age or older. Elections 
are held by secret ballot.
    The Constitution provides for the direct election of the president 
to a single 5-year term; the president may not stand for re-election. 
Representatives to the National Assembly are elected under a dual 
system of direct and proportional representation. Voters cast one vote 
for a candidate from their electoral district and a separate vote for a 
party; the percentage of votes for each party determines the number of 
that party's candidates who are elected as proportional 
representatives. The National Assembly members serve terms of 4 years 
and are not subject to a term limit. A free and fair National Assembly 
election was held in April. The Uri Party obtained a majority 152 of 
299 National Assembly seats. The opposition Grand National Party won 
121 seats.
    After an investigation into illegal presidential campaign funds 
during the 2002 presidential election, the prosecution indicted 40 
politicians, including 23 incumbent lawmakers. Most of those indicted 
retired from politics or were not re-elected in the April National 
Assembly elections. In October, the Supreme Public Prosecutors Office 
announced that it had indicted 46 lawmakers on charges of violating 
election laws during the April elections. At year's end, most of these 
cases were still pending. However, the court sentenced Choi Don-woong, 
a conservative opposition politician, to 1 year in jail; presidential 
confidant Ahn Hee-jeong to 1 year in jail; and Kim Young-il, also of 
the opposition, to 2 years of prison. Former lawmaker Lee Sang-soo was 
sentenced to probation.
    President Roh gave prosecutors ``free rein'' to investigate 
political parties and politicians for corruption and even encouraged 
investigations targeting his own party. In addition to the pending 
election law prosecutions, there were ongoing corruption prosecutions 
in several executive agencies. For example, nine officials of the 
Ministry of Information and Communication faced bribery charges, and 
military prosecutors investigated a general alleged to have illegally 
intervened in the promotion process. According to the Korea Independent 
Commission Against Corruption, the overall ``cleanness level'' of the 
Government rose to 8.46 out of a possible 10, up from 7.71 in 2003, and 
6.43 in 2002. The country has a Freedom of Information Act, which went 
into effect in 1998.
    According to new election laws applied to the April general 
election, 50 percent of each party's candidates on the proportional 
ballot had to be women while 30 percent of each party's geographical 
candidates had to be women. As a result, there were 39 women in the 
299-seat legislature. At year's end, 3 of the 19 National Assembly 
committees were chaired by women. In the Supreme Court, 1 of 14 
Justices was a woman, and in the Cabinet, 1 of 19 Ministers was a 
woman.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    A wide variety of domestic and international human rights groups 
generally operated without government restriction, investigating and 
publishing their findings on human rights cases. Government officials 
were cooperative and responsive to their views. Through civil society 
support programs, the Government spent over $12.2 million 
(approximately 12.7 billion won) during the year supporting 565 NGOs.
    The National Human Rights Commission continued to monitor and 
investigate human rights violations. Members of the National Human 
Rights Commission were not permitted to be present at interrogations, 
but they were authorized to visit prisons and correctional institutions 
and to meet with persons who had been arrested and were in custody.
    The work of the National Human Rights Commission was augmented and 
complemented by that of the Presidential Truth Commission on Suspicious 
Deaths (see Section 1.a.) and the Commission for the Restoration of 
Honor and Compensation to Activists of the Democratization Movement 
(see Section 1.c).
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The Constitution and law forbid discrimination on the basis of 
gender, religion, disability, age, social status, regional origin, 
national origin, ethnic origin, physical condition or appearance, 
marital status, pregnancy and child delivery, family status, race, skin 
color, thought or political opinion, record of any crime for which 
punishment has been fulfilled, sexual orientation or medical history, 
and the Government generally respected these provisions. However, 
traditional attitudes limited opportunities for women and persons with 
disabilities. Ethnic minorities, primarily foreign workers, were very 
small in number and faced both legal and societal discrimination. While 
courts have jurisdiction to decide discrimination claims, many of these 
cases were instead handled by the National Human Rights Commission, an 
independent government agency established in 2001. Between November 
2001 and August, the Commission handled 9,410 cases of alleged human 
rights violations and 806 cases of discriminatory conduct.

    Women.--Violence against women remained a problem. The Prevention 
of Domestic Violence and Victim Protection Act defines domestic 
violence as a serious crime and enables authorities to order offenders 
to stay away from victims for up to 6 months. Offenders may also be 
placed on probation or ordered to see court designated counselors. The 
law also requires police to respond immediately to reports of domestic 
violence. Between January and September, the Ministry of Justice 
reported 11,614 cases of domestic violence and prosecuted 1,703 cases.
    Rape remained a serious problem. Between January and September, 
there were 5,206 reported cases of rape and 3,840 prosecutions. Many 
rapes were believed to have gone unreported because of the stigma 
associated with being raped. The activities of a number of women's 
groups increased awareness of the importance of reporting and 
prosecuting rapes, as well as of offenses such as sexual harassment in 
the workplace. According to women's rights groups, cases involving 
sexual harassment or rape frequently went unprosecuted, and 
perpetrators of sex crimes, if convicted, often received light 
sentences. The penalty for rape is 3 years' imprisonment; if a weapon 
is used or two or more persons commit the rape, punishment may be a 
maximum of life imprisonment.
    Prostitution is illegal, but widespread. However, the Government 
began a crackdown on prostitution in September. At year's end, an 
estimated several hundred thousand women were engaged in some manner in 
the prostitution industry. A 2003 study found that the country's sex 
trade had generated up to $22 billion (approximately 23.3 trillion won) 
in profits.
    The law defines sexual harassment as a form of gender 
discrimination. The Gender Discrimination Prevention and Relief Act 
covers almost all kinds of human relations--including, for example, 
relations between teachers and students, citizens and civil servants. 
Nevertheless, sexual harassment continued to be a problem. In June, a 
poll found that 18.4 percent of working women experienced sexual 
harassment.
    The Family Law permits women to head a household, recognizes a 
wife's right to a portion of the couple's property, and allows a woman 
to maintain greater contact with her children after a divorce. Although 
the law helped abused women who chose to divorce, the stigma of divorce 
remained strong, and there was little government or private assistance 
for divorced women. These factors, plus the fact that divorced women 
had limited employment opportunities and had difficulty remarrying, led 
some women to stay in abusive situations. However, according to a 
Ministry of Health and Welfare report, 47.4 percent of marriages end in 
divorce. The Government has established some shelters for battered 
women and has increased the number of childcare facilities, giving 
women in abusive situations more options. However, women's rights 
groups said these measures fell far short of effectively dealing with 
the problem.
    Women were subordinate to men legally, socially, and economically. 
Despite the passage of equal employment opportunity legislation, few 
women worked as company executives, and sexual discrimination in the 
workplace remained a problem. According to the Korea Women's 
Development Institute, the average working woman earned 63 percent of 
what a man made in a comparable job. The Equal Employment Act has been 
revised to impose tougher penalties on companies found to discriminate 
against women in hiring and promotions. Under the law, the Presidential 
Commission on Women's Affairs (the precursor of the existing Ministry 
of Gender Equality) is granted the authority to investigate sexual 
discrimination cases in the workplace. A company found guilty of 
practicing sexual discrimination could be fined up to $4,399(5 million 
won) and have its name published in the newspaper. The law also 
provides for a public fund to support victims in seeking legal redress. 
Nevertheless, some government agencies' preferential hiring of 
applicants with military service (nearly always men) perpetuated legal 
barriers against women, despite a Constitutional Court ruling that such 
preferential hiring discriminated against women and persons with 
disabilities and is unconstitutional.
    Women had full access to education, and social mores and attitudes 
were changing gradually. For example, the major political parties made 
more efforts to recruit women, and an increasing number of women 
occupied key party positions, including chairperson of the main 
opposition party. The military and service academies also continued to 
expand opportunities for women.
    The Government provided an allowance of $565 (640,000 won) per 
month to 128 former ``comfort women'' (women who, during World War II, 
were forced to provide sex to soldiers of the Japanese Imperial Army).

    Children.--The Government demonstrated its commitment to children's 
rights and welfare through public education. The Government provided 
high-quality elementary education to all children free of charge. 
Education is compulsory through the age of 15, and most children 
obtained a good secondary education. High quality health care was 
widely available to children.
    As public awareness of the problem of child abuse continued to 
grow, the number of reported cases increased. The most recent figures 
reflect that from 2001 until 2003, 3,197 children under 12 years of age 
were victims of violent crimes. The Ministry of Health and Welfare 
established a central prevention center and 17 branch offices to 
provide child victims with medical aid and counseling and serve as an 
education resource for offenders and family members. The Ministry also 
established a hotline for reports of abuse. In January, the Government 
revised the Law on Child Welfare to impose additional punishment on 
habitual offenders. The Seoul metropolitan government also ran a 
children's counseling center that investigated reports of abuse, 
counseled families, and cared for runaway children.
    The Youth Protection Law provides for prison terms of up to 10 
years and a fine of $8,840 (10 million won) per minor hired for owners 
of entertainment establishments who hire persons under the age of 19. 
The Commission on Youth Protection also expanded the definition of 
``entertainment establishment'' to include facilities, such as 
restaurants and cafes, where children were hired illegally as 
prostitutes. The Juvenile Sexual Protection Act establishes a maximum 
sentence of 20 years' imprisonment for the sale of the sexual services 
of persons younger than 19 years of age. It also establishes prison 
terms for persons convicted of the purchase of sexual services of youth 
under the age of 19 (see Section 5, Trafficking). Based on this law, 
the Commission publicized the names of those who had committed sex 
offenses against minors. During the year, personal information on 553 
sex offenders was available to the public.
    The traditional preference for male children continued, although it 
was less evident among those in their twenties and thirties. Although 
the law bans fetal testing except in cases in which a woman's life is 
in danger, hereditary disease could be transmitted, or in cases of rape 
or incest, such testing and the subsequent abortion of female fetuses 
frequently occurred. The Government expressed concern about the 
widening disparity between male and female birth rates and stepped up 
an education campaign aimed at eradicating gender-preference abortions, 
which are already prohibited by law.

    Trafficking in Persons.--The law prohibits trafficking in persons; 
nevertheless, the country was a country of origin, transit, and 
destination. As a country of origin, women were trafficked primarily 
for sexual exploitation to the United States, sometimes through Canada, 
as well as to other Western countries and Japan. Relatively small 
numbers of economic migrants, seeking opportunities abroad, were 
believed to have become victims of trafficking as well.
    In September, the country implemented two new significant and 
sweeping laws against prostitution and human trafficking. The laws 
toughen penalties and provide enhanced services and protections for 
victims of the sex trade. Police have also launched a public awareness 
campaign, a victim support hotline, and a reward system for information 
leading to the arrest of traffickers. The Juvenile Sexual Protection 
Act imposes lengthy prison terms for persons convicted of sexual crimes 
against minors (see Section 5, Children). The NPA and the MOJ were 
principally responsible for enforcing these laws. No laws specifically 
address sex tourism.
    The country was a major transit point for alien smugglers, 
including traffickers of primarily Asian women for the sex trade and 
domestic servitude. Women from many countries, but primarily from 
China, were trafficked through the country to the United States and 
many other parts of the world. There were reports of the falsification 
of government documents by travel agencies; many cases involved the 
trafficking or smuggling of Chinese citizens to Western countries. In 
addition to trafficking by air, much transit traffic occurred in the 
country's territorial waterways by ship.
    Women from Russia, other countries of the former Soviet Union, 
China, the Philippines, and other Southeast Asian countries were 
trafficked to the country for sexual exploitation. They were recruited 
personally or answered advertisements and were flown to Korea, often 
with entertainer visas. Once in the country, employers in some 
instances held victims' passports. The Government has restricted 
issuance of certain types of entertainer visas. As of September, the 
number of foreign women holding entertainer visas had decreased by 50 
percent since June 2003. Between January and December, police arrested 
536 persons for prostitution or trafficking and prosecuted 85. The 
others were released because there was insufficient evidence or legal 
basis to prosecute. The MOJ and NPA cooperated with NGOs and foreign 
embassy officials in investigating and attempting to resolve various 
trafficking-related issues and disputes. In November, the Ministry of 
Justice initiated an international anti-trafficking working group to 
increase information sharing among affected countries. There was no 
credible evidence that officials were involved in trafficking.
    The Government developed a network of shelters and programs to 
assist victims. As of November, approximately 700 Korean women were 
housed in 32 shelters and approximately 70 foreign women were in 2 
shelters. Victims were also eligible for medical, legal, vocational, 
and social support services. Many of these services were provided in 
conjunction with NGOs.
    The Government and NGOs were actively involved in an education 
campaign to inform the public about new anti-prostitution and anti-
trafficking laws.

    Persons With Disabilities.--Discrimination against persons with 
disabilities in employment, education, or the provision of other state 
services is illegal. The law states, ``No one shall be discriminated 
against in all areas of political, economic, social, and cultural life 
on the grounds of disability.'' The Government took measures to 
increase opportunities and access for persons with disabilities. 
Although many public facilities remained inadequate, most Seoul 
sidewalks were designed to alert the sight impaired, intersections had 
audible cross-signals, and as of June, there were 425 elevators and 
1,149 wheelchair lifts in the 513-station subway system.
    Firms with over 300 employees are required by law either to hire 
persons with disabilities or pay a fine. Nevertheless, the hiring of 
persons with disabilities remained significantly below target levels. 
Persons with disabilities made up less than 1 percent of the work 
force. According to the Ministry of Labor, the sum of penalties issued 
to companies for failing to met a 2 percent job quota for the disabled 
rose to $112.7 million (118.4 billion won) during the year, a 13.9 
percent increase from 2003.
    During the year, the Ministry of Health and Welfare established a 
new rehabilitation center with 50 rooms, 126 welfare centers, and 230 
apartments and shelters. The Ministry also provided persons with 
disabilities with reimbursement for medical expenses and spare 
rehabilitation appliances and mobile phones.
    During the year, the Government also provided additional financial 
benefits to persons with disabilities, mainly through a new allowance 
and loan system and through cutting tolls on expressways. Additionally, 
the Government supplied vehicles, upgraded education programs, and 
sourced certain products and services from companies that hired persons 
with disabilities. During the year, groups representing persons with 
disabilities protested the opening of a new bullet train that did not 
have sufficient accommodations for the disabled.

    National/Racial/Ethnic Minorities.--The country is racially 
homogeneous, with no sizable populations of ethnic minorities. Except 
in cases of naturalization, citizenship is based on parentage, not 
place of birth, and persons must show their family genealogy as proof 
of citizenship. Naturalization is a difficult process requiring 
detailed applications, a long waiting period, and a series of 
investigations and examinations. Because of the difficulty of 
establishing Korean citizenship, those not ethnically Korean remained 
``foreign,'' thus disqualifying them legally from entering the civil 
service and, in practice, being hired by some major corporations. 
Foreign workers continued to report difficult working conditions. Some 
complained of excessively aggressive police crackdowns on illegal 
migrants. Amerasians faced no legal discrimination, but informal 
discrimination was prevalent.

    Other Societal Abuses and Discrimination.--Complaints of age 
discrimination arose during the year when some major employers refused 
job applications from job seekers that had been looking for work for 
longer than 1 year. In response, the Korea Employees Federation urged 
employers to eliminate age-related hiring restrictions
    The country is known to have about 8,000 persons with HIV or AIDS. 
The AIDS Prevention Act, enacted in 1987, ensures the confidentiality 
of persons with HIV/AIDS and protects individuals from discrimination. 
The Ministry of Labor reports no cases of sexual orientation or HIV/
AIDS discrimination. However, according to a November report by a Seoul 
National University professor, persons with HIV/AIDs in the country 
suffer from severe discrimination and social isolation, even losing 
ties with their own families.
    On February 26, Lim Tae-hoon was detained for refusing to perform 
armed service on the grounds of discrimination against gay, bisexual, 
and transsexual persons by military officials. He called for an 
expansion of the alternative civilian service to include gay, bisexual, 
and transgender conscientious objectors.
Section 6. Worker Rights
    a. The Right of Association.--The Constitution provides workers, 
except public officials, with the right to associate freely. Since 
1999, most government employees have been able to form bargaining units 
and negotiate with management, but have been unable to strike.
    Labor law changes authorized the formation of competing unions 
starting in 2002, but implementation was postponed until 2006 by mutual 
agreement among members of the Tripartite Commission, which includes 
representatives of the Government, one of two major labor federations, 
and management (see Section 6.b.). According to the International 
Confederation of Free Trade Unions (ICFTU), the consequence of a lack 
of competing unions is that employers can create their own management-
controlled unions. All unions are required to notify the authorities 
when formed or dissolved.
    The ratio of organized labor in the entire population of wage 
earners was approximately 11 percent, or 1.5 million unionists from a 
total of 14 million workers. The country has two national labor 
federations, the Korean Confederation of Trade Unions (KCTU) and the 
Federation of Korean Trade Unions (FKTU), and an estimated 1,600 labor 
unions.
    The Government recognizes a range of labor federations, including 
independent white-collar federations representing hospital workers, 
journalists, and office workers at construction firms and at government 
research institutes. Labor federations not formally recognized by the 
Labor Ministry have generally operated without government interference.
    The FKTU and the KCTU were affiliated with the ICFTU. Most of the 
FKTU's constituent unions maintained affiliations with global union 
federations, as did the KCTU Metalworkers Council.
    In September, the ICFTU found that parts of the labor law violated 
freedom of association principles, notably with regard to the absence 
of union rights for many public servants and the intervention by the 
state in international trade union affairs.

    b. The Right to Organize and Bargain Collectively.--The 
Constitution and the Trade Union Law provide for the right of workers 
to collective bargaining and collective action, and workers exercised 
these rights in practice. This law also empowers workers to file 
complaints of unfair labor practices against employers who interfere 
with union organizing or who discriminate against union members. 
Employers found guilty of unfair practices can be required to reinstate 
workers fired for union activities. However, forced reinstatement has 
been used less frequently because employers have taken extra 
precautions when laying off union members. A Tripartite Commission 
subcommittee on the protection of civil servants' basic rights exists.
    Unions engaged in collective bargaining. Although government 
employees (except for certain blue collar public officials) are not 
granted the right to organize and bargain collectively, they have 
established public official ``workplace associations,'' which may make 
recommendations, but may not engage in collective bargaining.
    Under the Trade Union and Labor Relations Adjustment Act, unions 
must submit a request for mediation to the Labor Relations Commission 
before a strike. In most cases, the mediation must be completed within 
10 days; in the case of essential services, within 15 days. Labor laws 
prohibit retribution against workers who have conducted a legal strike 
and allow workers to file complaints of unfair labor practices against 
employers.
    Strikes are prohibited for most government officials and for those 
who produce mainly defense goods. By law, unions in enterprises 
determined to be of ``essential public interest''--including railways, 
utilities, public health, the Bank of Korea, and telecommunications--
can be ordered to submit to government-ordered arbitration. However, in 
practice the Government rarely imposed arbitration.
    Through December 15, there were 457 strikes, with major strikes 
taking place in the financial, health, transportation, steel, and 
automobile industries. During this time period, the number of workers 
involved in strikes increased to 183,959 persons from 131,926 persons 
last year. However, the number of lost working days fell to 1,160,000 
days from 1,271,126 days in 2003. The strikes were generally peaceful.
    In November, the Government arrested 112 persons in connection with 
an illegal strike organized by the Korean Government Employees Union 
(KGEU). The strike was illegal because the KGEU is not a legally 
authorized entity, and public workers do not have the right to strike.
    There is no independent system of labor courts. Semi-judicial 
agencies such as the Central and Local Labor Relation Commissions 
mediate or arbitrate labor disputes based on the Trade Union and Labor 
Relation Adjustment Act. Each commission is composed of equal numbers 
of representatives of labor and management, plus neutral experts who 
represent the ``public interest.'' The Labor Relations Commission can 
decide on remedial measures in cases involving unfair labor practices 
and can mediate or arbitrate labor disputes in sectors deemed essential 
to public welfare.
    Under the labor laws, persons who assist trade unions or employers 
in a dispute are required to register with the Ministry of Labor. Those 
who fail to do so face a large fine or a maximum sentence of 3 years' 
imprisonment.
    The Government originally designated enterprises in the two export 
processing zones (EPZs) as public interest enterprises. Workers in 
these enterprises gradually were given the rights enjoyed by workers in 
other sectors of the economy; however, foreign companies are exempt 
from many of these labor standards. Foreign-invested enterprises 
located in free economic zones are exempt from Articles 54, 57, and 71 
of the Labor Standards Act, which mandate monthly leave, paid holidays, 
and menstruation leave for women; Article 31 of the Honorable Treatment 
and Support of Persons of Distinguished Services to the State Act, 
which gives preferential treatment to patriots, veterans, and their 
families; Article 24 of the Employment Promotion and Vocational 
Rehabilitation of Disabled Persons Act, which obligates companies with 
over 300 persons to recruit persons with disabilities for at least 2 
percent of its workforce; Article 12 of the Employment Promotion for 
the Aged Act, which encourages companies to reserve 3 percent of their 
workforce for workers over 55 years of age; and Articles 4 and 12 of 
the Act on the Protection of the Business Sphere of Small and Medium 
Enterprises and Promotion of Their Cooperation, which restrict large 
companies from participating in certain business categories. Labor 
organizations are permitted in EPZs.

    c. Prohibition of Forced or Compulsory Labor.--The law prohibits 
forced or compulsory labor, including by children, and it was not known 
to occur. The Constitution provides that no person shall be punished, 
placed under preventive restrictions, or subjected to involuntary 
labor, except as provided by law and through lawful procedures.
    Some foreign workers alleged difficult working conditions and 
unduly harsh treatment by police during crackdowns on illegal labor.

    d. Prohibition of Child Labor and Minimum Age for Employment.--The 
Labor Standards Law prohibits the employment of persons under age 15 
without a special employment certificate from the Labor Ministry. 
Because education is compulsory through middle school (approximately 
age 15), few special employment certificates were issued for full-time 
employment. To obtain employment, children under age 18 must obtain 
written approval from either parents or guardians. Employers can 
require minors to work only a limited number of overtime hours and are 
prohibited from employing them at night without special permission from 
the Labor Ministry. These regulations were enforced through regular 
inspections and child labor was not considered a problem. A civic group 
filed a lawsuit during the year that alleged several fast food 
franchises violated the labor law by not paying minors monthly wages 
and forcing them to work illegal nightshifts.

    e. Acceptable Conditions of Work.--The minimum wage is reviewed 
annually. As of September, the minimum wage was $2.21 (2,510 won) per 
hour, $17.71 (20,080 won) per day, or $502.25 (567,260 won) per month. 
The FKTU and other labor organizations asserted that the existing 
minimum wage did not meet the basic requirements of urban workers. 
However, the money an average blue-collar worker took home in overtime 
and bonuses significantly raised the total compensation package. 
According to the Ministry of Health and Welfare, 1.4 million persons 
(2.9 percent of the population) lived below the poverty level. Another 
3.2 million persons were classified as living in ``potential extreme 
poverty.''
    As of July, the 5-day workweek system was adopted for employees of 
large conglomerates, publicly-owned companies, banks, and insurance 
companies with 1,000 registered workers or more, reducing working hours 
to 40 hours a week. Companies with more than 300 employees are 
scheduled to adopt the shortened workweek by July 2005, those with over 
100 by July 2006, those with over 50 by July 2007 and those with over 
20 by July 2008. Labor laws mandate a 24-hour rest period each week. 
Labor laws also provide for a flexible hours system, under which 
employers can require laborers to work up to 44 hours during certain 
weeks without paying overtime, so long as average weekly hours for any 
given 2-week period do not exceed 40 hours. If a union agrees to a 
further loosening of the rules, management may ask employees to work up 
to 56 hours in a given week. Workers may not be required to work more 
than 12 hours per working day. Unions claimed that the Government did 
not enforce adequately the maximum workweek provisions at small 
companies. The amended Labor Standards Law also provides for a higher 
wage for overtime. However, the overtime premium is scheduled to be 
reduced from 150 percent of the base wage to 125 percent concurrent 
with the reduction in weekly working hours.
    Foreign workers, mostly from China, Bangladesh, Mongolia, the 
Philippines, Thailand, Nepal, Vietnam, Indonesia, Sri Lanka, and 
Pakistan, often faced difficult working conditions and sometimes 
complained of unduly aggressive police crackdowns. In July, the 
Government initiated a crackdown on illegal foreign labor. By December, 
the Government had expelled approximately 20,000 workers and encouraged 
approximately 24,000 to leave voluntarily. Some foreign workers also 
complained that they were forced to pay into the pension system, but 
were unable to get their money back.
    In July, the Government implemented a new work permit system 
designed to increase protections for foreign workers while easing the 
labor shortage in manufacturing businesses. Under the new system, 
permit holders may work in certain industries only and have limited job 
mobility, but generally enjoy the same rights and privileges, including 
the right to organize, enjoyed by domestic workers. The Industrial 
Trainee System, an often-criticized system through which foreign 
workers may work for 2 years following 1 year of training, is still in 
place.
    Foreign workers working as language teachers continued to complain 
that the language institutes for whom they work frequently violated 
employment contracts.
    At the beginning of the year, contract and other ``nonregular'' 
workers accounted for 49 percent of the workforce. In general, 
nonregular workers performed the same work as regular workers, but 
received only 61.3 percent of the wages. Further, most were ineligible 
for national health and unemployment insurance and other benefits. The 
Government announced plans to grant annual salaries in place of hourly 
pay to 100,000 of the 234,000 nonregular workers in the public sector, 
and full-time status to 30,000 by year's end. This plan triggered 
protests from excluded nonregular workers as well as the trade unions.
    The Korea Occupational Safety and Health Agency is responsible for 
implementing industrial accident prevention activities. The Government 
set health and safety standards, but the accident rate was high by 
international standards. By the end of June, there were 43,278 
casualties related to industrial accidents, including 1,393 fatalities. 
These figures represent a slight improvement from the same period in 
2003, when approximately eight workers died each day. The Government 
credits prevention activities carried out by the Ministry of Labor, 
including the imposition of sanctions on work places having a high rate 
of accidents. According to the Korea Occupational Safety and Health 
Act, an employer may not dismiss or otherwise disadvantage an employee 
who interrupts work and takes shelter because of an urgent hazard that 
could lead to an industrial accident.

                               __________

                                  LAOS

    The Lao People's Democratic Republic is an authoritarian, 
Communist, one-party state ruled by the Lao People's Revolutionary 
Party (LPRP). Although the 1991 Constitution, amended in 2003, outlines 
a system composed of executive, legislative, and judicial branches, in 
practice, the LPRP continued to control governance and the choice of 
leaders at all levels through its constitutionally designated ``leading 
role.'' In 2002, the National Assembly reelected the President and Vice 
President and ratified the President's selection of a prime minister 
and cabinet. The judiciary was subject to executive influence.
    The Ministry of Public Security (MoPS) maintains internal security, 
but shares the function of state control with the Ministry of Defense's 
security forces and with party and popular fronts (broad-based 
organizations controlled by the LPRP). The Ministry of Foreign Affairs, 
with MoPS support, is responsible for oversight of foreigners. The MoPS 
includes local police, immigration police, security police (including 
border police), and other armed police units. Communication police are 
responsible for monitoring telephone and electronic communications. The 
armed forces are responsible for external security, but also have 
domestic security responsibilities that include counterterrorism and 
counterinsurgency activities and control of an extensive system of 
village militias. The LPRP, and not the Government, exercised direct 
control of the security forces. This control was generally effective, 
but individuals and units within the security forces on occasion acted 
outside the LPRP's authority. Some members of the security forces 
committed serious human rights abuses.
    The country is extremely poor, with an estimated population of 5.7 
million. The economy is overwhelmingly agricultural, with 85 percent of 
the population engaged in subsistence agriculture. The sharp income 
inequality between participants in the monetary economy and those in 
the subsistence economy was demonstrated by the fact that the mean 
annual per capita income was $330 and the per capita gross domestic 
product was estimated at $1,700. The country has emerged as a market 
economy, but the Government continued to play a key role in economic 
planning. It officially welcomed foreign investment and was gradually 
strengthening its legal framework, including laws to protect property 
and individual rights, but a reluctance to embrace far reaching reforms 
has slowed the process. The country was heavily dependent on official 
foreign aid, which accounted for as much as 18 percent of GDP. Many 
families relied heavily on remittances from family members living or 
working abroad.
    The Government's human rights record remained poor, and it 
continued to commit serious abuses. Citizens did not have the right to 
change their government. Members of the security forces abused 
detainees, especially those suspected of insurgent or anti-government 
activity. The Government continued to pursue remnant bands of 
insurgents, resulting in an unknown number of civilian and military 
casualties. Prisoners were sometimes abused and tortured and prison 
conditions were harsh and sometimes life threatening. Police used 
arbitrary arrest, detention, and surveillance. Lengthy pretrial 
detention and incommunicado detention occurred frequently. The 
judiciary was subject to executive, legislative, and LPRP influence, 
was corrupt, and did not ensure citizens due process. The Government 
infringed on citizens' privacy rights and restricted freedom of speech, 
the press, assembly, and association. The Government continued to 
restrict freedom of religion, and police and provincial authorities 
arrested and detained approximately 30 Christians, although most of 
them were released after short periods of detention. At year's end, 
three members of religious communities were in custody or under arrest 
for their religious beliefs. In some areas, local authorities continued 
to pressure ethnic minority Protestant communities to renounce their 
faith. Christians were expelled from their villages for refusing to 
renounce their religion. Authorities in some areas refused requests 
from Christian congregations to build new churches or to reopen closed 
churches, and refused permission for congregations to hold home worship 
services. The Government imposed some restrictions on freedom of 
movement. Societal discrimination against women and minorities 
persisted, although the Government supported a policy of encouraging 
greater rights for women, children, persons with disabilities, and 
minorities. Trafficking in women and children was a problem. The 
Government restricted some 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.--In August, an ethnic 
Hmong man died while under incarceration, allegedly as the result of 
beatings by police (see Section 1.c.).
    There were no new developments in the 2003 case of the Christian 
and former policeman in Attapeu Province who was allegedly killed by 
police.
    Since 2002, a series of attacks on buses by suspected insurgents 
and counterinsurgency operations by the military have resulted in an 
unknown number of deaths of civilians and military forces. Many of 
these deaths occurred among the ethnic Hmong insurgents. According to 
the testimony of two alleged witnesses, on May 19 in the Saisomboun 
Special Zone, Lao People's Army (LPA) soldiers attacked a group of 
Hmong gathering food for an insurgent camp. Five youths--four girls and 
one boy--were killed. One of the alleged witnesses reported that the 
soldiers raped the girls before killing them. After the attack, the 
bodies were documented with video footage taken by this witness. The 
Government at first denied that the incident took place. It later 
reported to the U.N. Special Rapporteurs that its internal 
investigation of the incident had determined that it was a 
``fabrication.'' The veracity of the incident remained undetermined.
    The Government promised insurgents who surrendered to authorities 
food, medicine, and resettlement assistance. In February and March, 
between 700 and 800 insurgents and their families surrendered in Xieng 
Khouang, Vientiane, and Luang Prabang Provinces and the Saisomboun 
Special Zone. They were resettled in Luang Prabang Province and in a 
remote area of Xieng Khouang Province. Another small insurgent band 
surrendered in northern Vientiane Province in late September. 
Government forces reportedly pursued those insurgent elements that did 
not surrender, and fighting between insurgents and Government security 
forces continued through the year. There were reports that insurgent 
bands in Xieng Khouang, Luang Prabang, and Bolikhamsai Provinces and in 
the Saisomboun Special Zone suffered numerous casualties. Many of these 
casualties were reportedly women and children.
    A wave of small-scale bombings that began in 2003 continued during 
the year. Several small explosions in Vientiane and Savannakhet Cities 
caused some property damage and resulted in some injuries. One death, 
reportedly of an intending bomber, occurred when a bomb exploded 
prematurely. A group calling itself the Free Democratic Government 
Committee of the Lao People claimed responsibility for these 
explosions, which were apparently designed to attract international 
attention. Many of the explosions occurred at visible tourist sites and 
sometimes coincided with major festivals and events, such as the 
Association of Southeast Asian Nations (ASEAN) Tourism Forum in 
Vientiane in February and the ASEAN Summit in November.

    b. Disappearance.--According to sources, police allegedly were 
involved in the January disappearance of an ethnic Hmong schoolteacher, 
Cher Wa Yang, in the Saisomboun Special Zone. Witnesses reported seeing 
him in a remote area in an altercation with police just before his 
disappearance. His motorcycle was later recovered from a reservoir, but 
his body was not found. At year's end, Saisomboun officials reported 
the disappearance was still under investigation.

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The Constitution and the Penal Code prohibit torture. In 
practice, members of the police and security forces sometimes subjected 
prisoners, especially those suspected of associations with the 
insurgency, to torture and other abuses; however, there were anecdotal 
reports that abuse has decreased in recent years. Detainees sometimes 
were subjected to beatings, long-term solitary confinement in 
completely darkened rooms, and in many cases were detained in leg 
chains or wooden stocks for long periods. Former inmates in prisons 
have reported that chaining and manacling prisoners, degrading 
treatment, and solitary confinement in small unlit rooms were standard 
forms of punishment in larger prisons, while smaller provincial or 
district prisons employed manacles and chains as a means of preventing 
prisoners from escaping.
    Prison conditions vary widely, but in general are harsh and on 
occasion life threatening. Prisoners in larger, state-run facilities in 
Vientiane generally fared better than those in provincial prisons, and 
the Office of the Prosecutor General (OPG) has had some success in 
bringing about improved conditions in these larger facilities, 
including better treatment by guards. In all facilities, food rations 
were minimal, and most prisoners relied on their families for their 
subsistence. Most larger facilities allowed prisoners to grow 
supplemental food in small vegetable gardens. Prison wardens set prison 
visitation policies. Consequently, in some facilities families could 
make frequent visits, but in others, visits were severely restricted. 
Credible reports indicated that ethnic minority prisoners and some 
foreign prisoners, especially Africans, were treated particularly 
harshly. Incommunicado detention was used as an interrogation device 
and against perceived problem prisoners; however, there have been fewer 
reports of its use in recent years.
    Although most prisons had some form of clinic, usually with a 
doctor or nurse on staff, medical facilities were extremely poor, and 
in practice medical treatment was unavailable. In some facilities 
prisoners could arrange treatment in outside hospitals if they could 
pay for the treatment and the expense of a police escort.
    In August, police in Vientiane Province reportedly arrested an 
ethnic Hmong man, Khoua Lee Her, formerly village chief of Ban Houay 
Yang village in Houaphanh Province, suspected of having harbored 
villagers involved in armed attacks against LPA soldiers in October 
2003. Authorities transferred Her to Houaphanh Province, where in mid-
August he died while incarcerated, allegedly as the result of beatings 
by police.
    Prison conditions for women were similar to those for men. Prisons 
held both male and female prisoners, although they were placed in 
separate cells.
    In some prisons, juveniles were housed with adult prisoners. The 
Government has proposed constructing a separate juvenile detention 
center, but international organizations have advocated that the 
Government establish segregated facilities for juveniles within 
existing facilities to avoid having juveniles incarcerated far away 
from their homes.
    The Government has provided limited access to some detention 
facilities to nongovernmental organization (NGO) and U.N. personnel 
monitoring the status of juveniles in the prison system and has given 
representatives of foreign governments limited access to provincial 
prisons; however, the Government did not permit independent monitoring 
of prison conditions, including by foreign individuals or 
organizations. The International Committee of the Red Cross (ICRC) 
continued its longstanding efforts to establish an official presence in 
the country to carry out its mandate of monitoring prison conditions; 
however, by year's end the Government had not granted the ICRC's 
request.

    d. Arbitrary Arrest or Detention.--The Constitution and law 
prohibit arbitrary arrest and detention; however, in practice, the 
Government did not respect these provisions, and arbitrary arrest and 
detention remained problems. Police sometimes used arrest as a means of 
intimidation or to extract bribes. Police exercised wide latitude in 
making arrests, relying on exceptions to the requirement for arrest 
warrants for those persons in the act of committing a crime or for 
``urgent'' cases. Incommunicado detention was a problem; however, it 
was used less frequently than in the past (see Section 1.c). There is a 
1-year statutory limit for detention without trial; the length of 
detention without a pretrial hearing or formal charges by law also is 
limited to 1 year. The OPG has reportedly made efforts to ensure all 
prisoners were brought to trial within the 1-year limit, but these 
limits often were ignored. The OPG must authorize police to hold a 
suspect pending investigation. Authorization is given in 3-month 
increments, and, in theory, after a maximum of 1 year, a suspect must 
be released if police do not have sufficient evidence to bring charges. 
Access to family members and a lawyer was not assured. There is a bail 
system, but its implementation was arbitrary and in practice often 
amounted to a bribe to prison officials for the prisoner's release. A 
statute of limitations applies to most crimes. In practice, alleged 
violations of criminal laws have led to lengthy pretrial detentions 
without charge and minimal due process protection of those detained. 
Authorities sometimes continued to detain prisoners after they had 
completed their sentences, particularly in cases where prisoners were 
unable to pay court fines.
    During the year, government authorities arrested and detained 
approximately 30 Christians, compared with approximately 50 Christians 
arrested the previous year. In January, authorities in Attapeu Province 
released 11 Christians who had been detained in December 2003 on 
suspicion of possessing ``poisons''; however, their detention appears 
to have been for their religious activities. In April and May, 
authorities in Savannakhet Province detained 12 ethnic Brou Christians 
for religious activities, releasing them on May 28. In July, 
authorities in northern Vientiane Province arrested four ethnic Khmu 
Christians, allegedly for their involvement in a scam to buy tractors 
in which villagers lost several hundred dollars. The four men were 
released on December 23. In August, police in Luang Namtha Province 
arrested two ethnic Mien Christians for proselytizing; they were 
released in November. A Christian pastor in Savannakhet was arrested in 
October and was still in detention at year's end. In most cases, 
religious detainees were released shortly after their arrest, but the 
detentions often had a negative effect on religious activity of local 
Christian communities. According to confirmed reports, there was one 
untried religious detainee at year's end.
    Police continued to arrest without charges any persons suspected of 
involvement with the insurgency. In August, police in Vientiane 
Province reportedly arrested an ethnic Hmong man, Khoua Lee Her. 
Reportedly Khoua Lee Her was suspected of having harbored villagers 
involved in armed attacks against LPA soldiers in October 2003 (see 
Section 1.c.). An ethnic Hmong couple arrested in Vientiane Province in 
mid-2003 on suspicion of involvement with the insurgency was released 
in March, with no charges filed. In October, authorities released two 
ethnic Hmong youth from Samkhe prison. The two had been detained in 
Saisomboun Province in 2001 on suspicion of involvement with the 
insurgency and held without trial.
    Unlike in previous years, there were no reports of police 
administratively overruling court decisions by detaining exonerated 
individuals. Local police at times continued to detain persons who had 
been ordered released by higher authorities.
    There were no known instances of the police being reprimanded or 
punished for such behavior. The OPG has made efforts to encourage 
police to abide by the law in regard to the detention of suspects, but 
acknowledged that police continued widely to ignore these provisions.
    An unknown number of persons were in detention for suspicion of 
violations of criminal laws concerning national security, particularly 
persons suspected of insurgent activities. In the past, security-
related laws were sometimes applied to routine criminal actions to 
justify long periods of incarceration without trial.

    e. Denial of Fair Public Trial.--The Constitution provides for the 
independence of the judiciary and the OPG; however, senior government 
and party officials influenced the courts, although to a lesser degree 
than in the past. Impunity was a problem, as was corruption. 
Reportedly, some judges can be bribed. Under the 2003 amendments to the 
Constitution, the National Assembly Standing Committee appoints judges 
for life terms; the members of the National Assembly elect the Standing 
Committee. The Assembly may remove judges from office for 
``impropriety.'' Since 1991, only one judge at the district level has 
been removed for improper behavior.
    Under the amended Constitution, the People's Courts have four 
levels: District courts, municipal and provincial courts, the Court of 
Appeals, and the Supreme People's Court. During the year, the Supreme 
Court established a Commercial Court, Family Court, and Juvenile Court. 
However, only the Commercial Court had begun hearing cases by the end 
of the year. Decisions of the lower courts are subject to review by the 
Supreme Court, but decisions by military courts are not subject to the 
Supreme Court's review. Both defendants and prosecutors in civilian 
courts have the right to appeal an adverse verdict. There are instances 
in which civilians may be tried in the military courts, but this was 
rare.
    The Constitution provides for open trials in which defendants have 
the right to defend themselves with the assistance of a lawyer or other 
person. The Constitution requires that the authorities inform persons 
of their rights. The law states that defendants may have anyone assist 
them in preparing a written case and accompany them at their trial; 
however, only the defendant may present oral arguments at a criminal 
trial. The Lao Bar Association, with a membership of nearly 50 
attorneys, operates under the direction of the Ministry of Justice. Its 
members are private attorneys that court litigants may select for 
trials. For several reasons, including lack of funds, a shortage of 
attorneys, and a general perception that attorneys cannot affect court 
decisions, most defendants did not have attorneys or trained 
representatives. Under the law defendants enjoy a presumption of 
innocence; however, in practice, trial judges usually decided a 
defendant's guilt or innocence in advance, basing their decisions on 
the result of police or Prosecutor's Office reports. Reliance on these 
reports created a presumption that the defendant was guilty. Most 
trials were little more than pro forma examinations of the accused, 
with a verdict having already been reached. Most criminal trials ended 
in convictions. Trials that involved some criminal laws relating to 
national security, state secrets, children under the age of 16, or 
certain types of family law were closed.
    Most of the country's 450 judges had only basic legal training, and 
many had few or no references upon which to base their decisions. The 
National Assembly's Legal Affairs Committee occasionally reviewed 
Supreme Court decisions for ``accuracy'' and returned cases to the 
Court or the OPG for review when it felt a decision had been reached 
improperly.
    In June 2003, police in Xieng Khouang Province arrested two foreign 
journalists, their foreign translator, and their three ethnic Hmong 
porters on charges of having conspired with ethnic Hmong villagers in 
the killing of a local militia villager. Two of the three porters 
remained in prison at year's end despite criticism from human rights 
groups. A third member of the group escaped from custody.
    In addition to the unknown number of short- and long-term political 
detainees (see Section 1.d.), there were eight known political 
prisoners. Two former Royal Lao Government officials arrested in 1975, 
Colonel Sing Chanthakoumane and Major Pang Thong Chokbengvoun, were 
serving life sentences after trials that were not conducted according 
to international standards. Two former government officials, Latsami 
Khamphoui and Feng Sakchittaphong, were arrested in 1990 for advocating 
a multiparty system and criticizing restrictions on political liberties 
and were not tried until 1992. They were released in early October 
after 14 years of confinement in a reeducation camp, but authorities 
continued to detain them under loose house arrest. The two were allowed 
finally to travel to Vientiane and rejoin their families on December 4, 
and the Government offered no objection to their departure from the 
country if they chose to travel abroad. Five persons arrested in 
October 1999 for attempting to organize a pro-democracy demonstration 
in Vientiane were tried and given long sentences, later reduced on 
review by the OPG to 5 to 10 years, for anti-government activities. 
According to witnesses, one of these five, Khamphouvieng Sisa-at, died 
in Samkhe prison in late 2001 as a result of punishment by camp guards. 
The Government has not responded to inquiries from the international 
community and human rights organizations regarding Khamphouvieng Sisa-
at's death.
    Other political prisoners may have been arrested, tried, and 
convicted under laws relating to national security that prevent public 
court trials; however, the Government was silent on the matter, and 
there was no reliable independent method to ascertain accurately their 
total number.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The Government limits citizens' privacy rights, and 
the Government's surveillance network is vast. Security laws allow the 
Government to monitor individuals' private communications (including e-
mail and cell phones) and movements.
    The Constitution prohibits unlawful searches and seizures; however, 
police at times disregarded constitutional requirements to safeguard 
citizens' privacy, especially in rural areas. By law, police must 
obtain search authorization from a prosecutor or court; however, in 
practice, police did not always obtain prior approval. The Penal Code 
generally protects privacy, including that of mail, telephone, and 
electronic correspondence; however, the Government often violated these 
legal protections.
    MoPS monitored citizens' activities; in addition, an informal 
militia in both urban and rural areas, operating under the aegis of the 
military, had responsibility for maintaining public order and reporting 
``undesirable elements'' to the police. The militia usually was more 
concerned with petty crime and instances of moral turpitude than with 
political activism, although in remote rural areas where the insurgency 
was active, the militia also played a role in providing security 
against insurgents and robbers. Members of the LPRP's many ``front'' 
organizations, including the Lao Women's Union, the Youth Union, and 
the Lao Front for National Construction (LFNC), serve as watchdogs over 
the citizenry at all levels of society. MoPS also maintains a network 
of secret police whose job is to monitor the citizenry in order to 
prevent acts that threaten the Government.
    Although the Government permitted the public sale of leading 
foreign magazines and newspapers, restrictions on publications mailed 
from overseas were enforced, albeit loosely (see Section 2.a.).
    There were six Internet service providers. The Prime Minister's 
Office has stated that it intended to monitor and control more actively 
Internet communications by the country's nearly 4,000 subscribers; 
however, most Internet sites, including those critical of the 
Government, were accessible to users. More than 40 Internet cafes in 
Vientiane and other larger towns catered to foreigners, but were also 
accessible to citizens.
    During the year, the Government continued its program to relocate 
highland slash-and-burn farmers, most of whom belong to ethnic minority 
groups, to lowland areas, in keeping with the Government's plan to end 
opium production by 2005 and slash-and-burn agriculture by 2010. 
District and provincial officials used persuasion and, in some cases, 
verbal orders to encourage villages to relocate, especially in the 
northern provinces. Although the Government's resettlement plan called 
for compensating farmers for lost land and resettlement assistance, 
this assistance was not available in many cases, or was insufficient to 
give relocated farmers the means to adjust to their new homes and new 
way of life. Moreover, in some areas, farmland allocated to relocated 
villagers was of poor quality and unsuited for intensive rice farming. 
The result was that in some districts relocated villagers experienced 
increased poverty, hunger, malnourishment, susceptibility to disease, 
and increased mortality rates. The Government relied on assistance from 
NGOs, bilateral donors, and international organizations to cover the 
needs of those recently resettled, but such assistance was not 
available in all areas.
    On October 16, district authorities and military in Thathom 
district of the Saisomboun Special Zone ordered nearly 70 ethnic Khmu 
Christians in Phiengsavat village to leave the province. The Christians 
were given only minutes to prepare, forcing them to leave behind nearly 
all their personal possessions. The group was transported by military 
truck to neighboring Bolikhamsai Province, where they were left near 
the district capital of Bolikhan with no provisions. On October 23, 
military trucks from Bolikhamsai Province transported the group to 
Sayaboury Province, which the Khmu had left in 2000. Sayaboury 
officials arranged for the group to resettle in Luang Prabang Province. 
Although central government sources claimed the group was expelled 
because they had resettled in Thathom illegally, religious sources 
noted only Christians were forced to leave, while other recent 
immigrants were allowed to remain in Phiengsavath.
    The Government allowed citizens to marry foreigners, but only with 
prior approval. Premarital cohabitation was illegal. Although the 
Government routinely granted permission to marry, the process was 
lengthy and burdensome and offered officials the opportunity to solicit 
bribes. Marriages to foreigners without government approval could be 
annulled, with both parties subject to arrest or fines.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The Constitution provides for 
freedom of speech and of the press; however, the Government severely 
restricted political speech and writing in practice. The Government 
also prohibited most criticism that it deemed harmful to its 
reputation. The Penal Code forbids slandering the State, distorting 
party or state policies, inciting disorder, or propagating information 
or opinions that weaken the State. Citizens who lodged legitimate 
complaints with government departments generally did not suffer 
reprisals, but criticism of a more general nature, or targeting the 
leadership, could lead to censure or arrest.
    All domestic print and electronic media are state-owned and 
controlled. Local news in all media reflected government policy. 
Television talk shows and opinion articles referred only to differences 
in administrative approaches. Although domestic television and radio 
broadcasts were closely controlled, the Government made no effort to 
interfere with television and radio broadcasts from abroad. In 
practice, many citizens routinely watched Thai television or listened 
to Thai radio, including news broadcasts. Citizens had 24-hour access 
to Cable News Network and the British Broadcasting Corporation, as well 
as other international stations accessible via satellite and cable 
television. The Government required registration of receiving satellite 
dishes and a one-time licensing fee for their use, largely as a 
revenue-generating scheme, but otherwise made no effort to restrict 
their use. In addition, a Chinese-owned company provided cable 
television service to subscribers in Vientiane. This government-
registered cable service offered Thai and international news and 
entertainment programs without restriction from authorities. A few 
Asian and Western newspapers and magazines were available through 
private outlets that had government permission to sell them.
    Foreign journalists must apply for special visas and generally were 
accompanied by an official escort. Although such visas normally were 
granted, persons traveling on journalist visas were restricted in their 
activities. The authorities did not allow journalists free access to 
information sources, but some journalists were allowed to travel 
without an official escort. In cases where an escort was required, 
journalists must pay a daily fee for their services. The Government 
established special procedures for journalists covering the 10th ASEAN 
Summit in November in Vientiane. These procedures did not require 
journalists to have an escort, but did require them to register with 
the Ministry of Foreign Affairs if they wished to report stories other 
than the ASEAN Summit meeting.
    The authorities also prohibited the dissemination of materials 
deemed to be indecent, to undermine the national culture, or to be 
politically sensitive. Any person found guilty of importing a 
publication deemed offensive to the ``national culture'' faced a fine 
or imprisonment for up to 1 year. The Prime Minister's Decree on the 
Administration and Protection of Religious Practice (Decree 92), 
promulgated in 2002, permits the publication of religious material with 
permission from the LFNC. In practice, although several religious 
groups have sought such permission, no Christian or Baha'i groups 
received authorization to publish religious material by year's end (see 
Section 2.c.).
    Films and music recordings produced in government studios must be 
submitted for official censorship; however, foreign films and music 
were easily available in video and compact disc format. The Ministry of 
Information and Culture has attempted repeatedly to impose restrictions 
aimed at limiting the influence of Thai culture in Lao music and 
entertainment. These restrictions were widely ignored and appeared to 
have little effect.
    The Government controlled all domestic Internet servers and 
occasionally blocked access to those Internet sites that were deemed 
pornographic or were critical of government institutions and policies. 
The Government also sporadically monitored e-mail. Highly restrictive 
regulations regarding Internet use by citizens significantly curtail 
freedom of expression. ``Disturbing the peace and happiness of the 
community'' and ``reporting misleading news'' are criminal acts. In 
2003, the Prime Minister's Office consolidated government control over 
Internet service (see Section 1.f.). However, the Government's ability 
to enforce such regulations was limited.
    The Constitution provides for academic freedom; however, the 
Government restricted it, although over the past several years, it has 
relaxed its restrictions in certain areas. Curriculum in schools, 
including private schools and colleges, is tightly controlled by the 
Ministry of Education to ensure that no subjects are taught that might 
raise questions about the political system. Both citizen and noncitizen 
academic professionals conducting research in the country may be 
subject to restrictions on travel and access to information and Penal 
Code restrictions on publication. As the sole employer of virtually all 
academic professionals, the Government exercised some control over 
their ability to travel for research or to obtain study grants; 
however, the Government, which once limited foreign travel by 
professors, actively sought such opportunities worldwide and approved 
virtually all such proposals.

    b. Freedom of Peaceful Assembly and Association.--The Constitution 
provides for freedom of assembly; however, the Government restricted 
this right in practice. The Penal Code prohibits participation in an 
organization for the purpose of demonstrations, protest marches, or 
other acts that cause ``turmoil or social instability.'' Such acts are 
punishable by a prison term from 1 to 5 years. If defendants were tried 
for crimes against the State, they could face sentences of up to 20 
years or possible execution.
    The Constitution provides citizens with the right to organize and 
join associations; however, the Government restricted this right in 
practice. The Government registered and controlled all associations and 
prohibited associations that criticized the Government. Political 
groups other than popular front organizations approved by the LPRP were 
forbidden. Although the Government restricted many types of formal 
professional and social associations, informal nonpolitical groups met 
without hindrance. The Government has quietly allowed the creation of 
some associations of a business nature; for example, allowing hotel 
owners and freight forwarders to create their own business 
associations.

    c. Freedom of Religion.--The Constitution provides for freedom of 
religion; however, the authorities, particularly at the local level, 
interfered with this right in practice.
    In 1999, two members of the Lao Evangelical Church, Nyoht and 
Thongchanh, were arrested in Oudomsai Province and charged with treason 
and sedition, although their arrests appear to have been for their 
proselytizing activities. Nyoht was sentenced to 12 years in prison and 
Thongchanh to 15 years. Both men remained in prison at the end of the 
year.
    Although the state is secular, the Party and the Government paid 
close attention to Theravada Buddhism, which was followed by more than 
40 percent of the population and was the faith of nearly all of the 
country's ethnic Lao population. The Constitution does not recognize a 
national religion, but the Government's support for and oversight of 
temples and other facilities and its promotion of Buddhist practices 
gave Buddhism an elevated status among the country's religions.
    There are two semi-religious government-recognized holidays--Boun 
That Luang and the end of Buddhist Lent--that are also major political 
and cultural celebrations. The Government recognized the popularity and 
cultural significance of Buddhist festivals, and most senior officials 
openly attended them.
    The Constitution prohibits ``all acts of creating division of 
religion or creating division among the people.'' The LPRP and 
Government interpreted this section as inhibiting religious practice by 
all persons, including the Buddhist majority and a large population of 
animists. Although official pronouncements acknowledged the positive 
benefits of religion, they also emphasized its potential to divide, 
distract, or destabilize. The Constitution notes that the State 
``mobilizes and encourages'' Buddhist monks and novices and priests of 
other religions to participate in activities ``beneficial to the nation 
and the people.''
    The authorities continued to be suspicious of non-Buddhist 
religious communities, including some Christian groups, in part because 
these faiths did not share Theravada Buddhism's high degree of 
direction and incorporation into the government structure. Some 
authorities have in the past criticized Christianity in particular as a 
Western or imperialist ``import.'' Local authorities, apparently in 
some cases with encouragement from some officials in the central 
Government or Communist Party, singled out Protestant groups as a 
target of abuse. Protestant churches' rapid growth since the early 
1990s, contact with religious groups abroad, aggressive proselytizing 
on the part of some members, and independence of central government 
control all have contributed to Government and Communist Party 
suspicion of the churches' activities.
    In 2002, the Prime Minister's Office issued a Decree on the 
Administration and Protection of Religious Practice. The decree, which 
has the effect of law, is designed to specify clearly the range of 
activities permitted religious groups or practitioners. The decree 
permits minority religious groups to engage in a number of activities 
that previously had been considered illegal, such as proselytizing and 
printing religious material; however, it requires religious groups or 
individuals to obtain permission in advance for these activities, in 
most cases from the LFNC, the party-controlled organization that 
oversees religious issues on behalf of the Government. Although the 
intent of the decree is to clarify the rights and responsibilities of 
religious groups, many minority religious leaders complained that the 
decree was too restrictive in practice. The requirement that religious 
groups obtain permission, sometimes from several different offices, for 
a broad range of activities greatly limited the freedom of these 
groups.
    Between 250 and 300 Protestant congregations conducted services 
throughout the country. The LFNC has recognized two Protestant groups: 
the Lao Evangelical Church (LEC) (the umbrella Protestant church) and 
the Seventh-day Adventist Church. Nominally all Protestant 
congregations in the country belong to one of these two organizations, 
although in practice some congregations operated independently. Both 
the LEC and the Seventh-day Adventist Church own properties in 
Vientiane and other cities.
    In most parts of the country, members of long-established 
congregations had few problems in practicing their faith, although 
long-time congregations in some parts of Savannakhet and Luang Prabang 
Provinces continued to face restrictions from local authorities. The 
majority of incidents of harassment of Christian congregations took 
place in areas where Christianity had only recently spread. The 
authorities sometimes advised new congregations to join other religious 
groups with similar historical roots, despite clear differences between 
the groups' beliefs. Decree 92 establishes procedures for new 
denominations to register with the LFNC. However, in March the National 
Front issued guidance to provincial and district National Front offices 
indicating that all Protestant groups must operate under the umbrella 
of the LEC or the Seventh-day Adventist Churches. In spite of this 
guidance, the authorities allowed several congregations not affiliated 
with the LEC or Seventh-day Adventists to continue their worship 
unhindered.
    The Government's tolerance of religion varied by region. The LFNC 
often sought to intervene with local governments in cases where 
minority religious practitioners, particularly Christians, had been 
harassed or mistreated; however, incidents of religious intolerance by 
local officials continued in some areas. Although authorities in a few 
urban areas, notably Vientiane City, Savannakhet, and Pakse, were 
relatively tolerant of Christian religious practice, government 
authorities in many regions restricted the practice of properly 
registered religious groups. Officials in some areas of Savannakhet, 
Attapeu, Vientiane, Bolikhamsai, and Luang Namtha Provinces arrested 
and detained some religious believers without charges (see Section 
1.d.). In addition, Christians in some areas of Savannakhet Province 
were pressured to renounce their faith. Local officials threatened to 
withhold government identification cards and household registers and to 
deny educational benefits to those who did not comply.
    The Roman Catholic Church was unable to operate effectively in the 
highlands and much of the north, and the Catholic Church in the 
northern part of the country was largely moribund. The small Catholic 
communities in Luang Prabang, Sayaboury, and Bokeo Provinces 
sporadically held services in members' homes, but there were no priests 
in the area and pastoral visits from Vientiane were infrequent. 
However, the Church had an established presence in five of the most 
populous central and southern provinces, where Catholics were able to 
worship openly. There were three bishops, one each in Vientiane, 
Thakhek, and Pakse, as well as a fourth bishop for Luang Prabang who 
resided in Vientiane and traveled infrequently to his bishopric.
    During the year, local authorities arrested or detained 
approximately 30 Christians, in most cases releasing them within weeks.
    The Government generally permitted major religious festivals of 
established congregations to be held without hindrance. During the 
year, there were no reports of authorities restricting the celebration 
of major religious holidays by Christian congregations.
    Followers of the Baha'i faith were able to practice their religion 
without hindrance in Vientiane City, but in Savannakhet and Khammouane 
Provinces, small groups of Baha'i continued to face restrictions from 
local authorities. The small Muslim community in Vientiane, made up 
almost exclusively of foreign nationals, was able to practice its 
religion without hindrance.
    Animists generally experienced no interference from the Government 
in their religious practices, which varied extensively among the 
approximately 70 identified ethnic groups and tribes in the country; 
however, the Government actively discouraged animist practices that it 
regarded as outdated, unhealthful, or illegal, such as the practice in 
some tribes of infanticide of infants born with birth defects or of 
keeping the bodies of deceased relatives in homes.
    During the year, officials in Vientiane City closed a house church 
that had served a small ethnic Khmu community. Officials continued to 
refuse permission for a Christian congregation in Phone Ngam village, 
Muang Feuang district, Vientiane Province to reconstruct a church torn 
down by district officials 2 years earlier. Officials in Savannakhet 
refused requests by the Christian congregation in Khamsan village that 
their church building, seized by authorities several years earlier, be 
returned to them. Elsewhere, authorities continued to deny requests by 
local congregations to construct permanent church buildings. 
Authorities in some areas continued to use intimidation or threats of 
expulsion to force Christians to renounce their religious faith, 
particularly in parts of Savannakhet, Attapeu, Bolikhamsai, and Luang 
Prabang Provinces. On October 16, district authorities and military in 
Thathom district of the Saisomboun Special Zone ordered nearly 70 
ethnic Khmu Christians in Phiengsavat village to leave the province 
(see Section 1.f.).
    The LFNC directs the Lao Buddhist Fellowship Association. Since 
1996, monks studying at the National Pedagology School were no longer 
required to study Marxism-Leninism as part of their curriculum, and the 
integration of Communist ideology into Buddhist instruction has waned 
greatly in recent years. Some temples have been permitted to receive 
support from Theravada Buddhist temples abroad, to expand the training 
of monks, and to focus more on traditional teachings. In addition, many 
monks traveled abroad, particularly to Thailand, for formal religious 
training.
    Reportedly officials in some areas were suspicious of persons who 
converted to Christianity, but, during the year, there were no reports 
of the harassment or arrest of recent converts.
    The Government strictly prohibited foreigners from proselytizing, 
although it permitted foreign NGOs with religious affiliations to work 
in the country. Foreign persons found distributing religious material 
may be arrested or deported. In April, four American citizens were 
expelled from Laos for distributing movie CDs with a Christian 
religious content. Although Decree 92 on Religious Practice permits 
proselytizing by religious practitioners as long as they obtain 
permission for such activities from the LFNC, the National Front has 
not granted such permission, and persons found evangelizing risked 
harassment or arrest. In August, officials in Muang Long district of 
Luang Namtha Province arrested two ethnic Yao Christians for 
proselytizing among local Yao villages.
    The Government permits the printing, import, and distribution of 
Buddhist religious material, but has made no such concessions to the 
printing or import of religious material and literature by non-Buddhist 
faiths. Decree 92 authorizes the printing of religious material, 
provided permission is obtained from the LFNC, but the LFNC has not 
granted such permission to Christian congregations. The Government 
required and usually granted permission for formal links with 
coreligionists in other countries; however, in practice, the 
distinction between formal and informal links was unclear, and 
relations with coreligionists generally were established without much 
difficulty (see Section 2.a).
    For a more detailed discussion, see the 2004 International 
Religious Freedom Report.

    d. Freedom of Movement Within the Country, Foreign Travel, 
Migration, and Repatriation.--The Constitution provides for these 
rights; however, the Government restricted some of them in practice. 
Citizens who traveled across provincial borders are not required to 
report to authorities; however, in designated security zones, 
roadblocks and identity card checks of travelers were conducted 
occasionally. Citizens who sought to travel abroad were required to 
apply for an exit visa. The Government usually granted such visas; 
however, officials at the local level have denied permission to apply 
for passports and exit visas to some persons seeking to emigrate. 
Access by foreigners to certain areas, such as the Saisomboun Special 
Zone, an administrative area operated by the military forces, or remote 
districts in Xieng Khouang and Bolikhamsai Provinces, where anti-
government insurgents continue to operate, was restricted.
    The Government did not use forced exile; however, a small group of 
persons, who fled the country during the change in government in 1975 
and were tried in absentia for anti-government activities, did not have 
the right of return.
    Between 1980 and 1999, more than 29,000 citizens who sought refugee 
status in Thailand, China, and other countries returned to Laos for 
permanent resettlement under monitoring by the U.N. High Commissioner 
for Refugees (UNHCR). Other persons who had fled the country after 1975 
have returned from abroad to resettle voluntarily, outside the 
oversight of the UNHCR. In general, returnees have been subject to 
greater scrutiny by the authorities than other citizens. Nevertheless, 
many who fled after the change of government in 1975 have visited 
relatives, some have stayed and gained foreign resident status, and 
some have reclaimed citizenship successfully. Some refugee returnees 
carry government-issued identification cards with distinctive markings, 
ostensibly for use by authorities. Such cards tend to reinforce a 
pattern of societal discrimination against the returnees.
    The Constitution provides for asylum and the protection of 
stateless persons under the law, but the country is not a signatory to 
the 1951 Refugee Convention or its 1967 Protocol. In practice, the 
Government did not provide protection against refoulement, the return 
of persons to a country where they feared persecution, and did not 
routinely grant refugee or asylum status.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    Citizens do not have the right to change their government. Although 
the 1991 Constitution, amended in 2003, outlines a system composed of 
executive, legislative, and judicial branches, the LPRP continued to 
control governance and the leadership at all levels through its 
constitutionally designated ``leading role.'' The Constitution provides 
for a representative National Assembly, elected every 5 years in open, 
multiple-candidate, fairly tabulated elections, with voting by secret 
ballot and universal adult suffrage; however, it legitimizes only a 
single party, the LPRP. Election committees, appointed by the National 
Assembly, must approve all candidates for local and national elections. 
Candidates need not be LPRP members, but, in practice, almost all were. 
There is a widespread public perception that many officials of the 
executive branch are corrupt.
    The National Assembly chooses a standing committee generally based 
on the previous standing committee's recommendation. Upon the 
committee's recommendation, the National Assembly elects or removes the 
President and Vice President. The standing committee also has 
supervision of administrative and judicial organizations and the sole 
power to recommend presidential decrees. It also appoints the National 
Election Committee, which has powers over elections (including approval 
of candidates). Activities of the standing committee were not fully 
transparent.
    The National Assembly, upon the President's recommendation, elects 
the Prime Minister and other Ministers of the Government. The 109-
member National Assembly, elected in February 2002 under a system of 
universal suffrage, approved the LPRP's selection of the President at 
its inaugural session in April 2002, and, in the same session, it 
ratified the President's selection of a new prime minister and cabinet. 
The National Assembly may consider and amend draft legislation, but 
only permanent subcommittees of the Assembly may propose new laws. The 
Constitution gives the right to submit draft legislation to the 
National Assembly standing committee and the ruling executive 
structure.
    There are no laws providing for public access to government 
information, and, in general, the government closely guarded the 
release of any information pertaining to its internal activities, 
seeing such secrecy as necessary for ``national security.''
    There were 22 women in the 109-member National Assembly. Three 
members of the 53-member LPRP Central Committee were women, 1 of whom 
was also a member of the 7-member standing committee in the National 
Assembly. There were no women in the Politburo or the Council of 
Ministers.
    There were 9 Lao Soung (highland dwelling tribes) and 19 Lao Theung 
(mid-slope dwelling tribes) in the 109-member National Assembly; most 
members of the Assembly were ethnic Lao, who also dominated the upper 
echelons of the Party and the Government. Three cabinet ministers were 
members of ethnic minority groups.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    There are no domestic nongovernmental human rights organizations, 
and the Government does not have a formal procedure for registration. 
Any organization wishing to investigate and publicly criticize the 
Government's human rights policies would face serious obstacles, if it 
were permitted to operate at all.
    The Government in general does not respond in writing to requests 
for information on the human rights situation from international human 
rights organizations; however, the Government has instituted a human 
rights dialogue with a foreign government and has accepted training in 
U.N. human rights conventions from several international donors.
    The Government maintains contacts with the ICRC; government 
officials and military officers have received ICRC training on human 
rights law and the Geneva Conventions. The Government continued to 
translate international human rights and humanitarian law conventions 
with ICRC support. During the 1990s, the Government permitted U.N. 
human rights observers to monitor the treatment of more than 29,000 
refugees who returned to the country for resettlement under UNHCR 
auspices (see Section 2.d.). The UNHCR office in the country closed at 
the end of 2001, with the Commissioner's determination that the 
office's monitoring role had been completed and former refugees had 
been successfully reintegrated; however, since the closing of the UNHCR 
office, the Government has not permitted UNHCR monitors based in 
Thailand to conduct monitoring visits to the country.
    A human rights unit in the Ministry of Foreign Affairs' Department 
of International Treaties and Legal Affairs has responsibility for 
investigating allegations of human rights violations. This unit rarely 
responded to inquiries regarding individual cases. The Foreign Ministry 
on occasion responds to inquiries from the U.N. regarding its human 
rights situation. In August, the Deputy Foreign Minister responded to 
an inquiry from the U.N. regarding the status and condition of 16 Lao 
citizens who were extradited from Thailand to stand trial for their 
part in a politically motivated attack against the Lao customs post at 
Chong Mek-Vangtao in July 2000.
    In the aftermath of the alleged massacre of Hmong villagers in May, 
the Government refused calls by the international community to conduct 
a full and transparent investigation. However, the Government did 
permit limited access by international organizations and NGOs to 
provide food assistance to former insurgents who had accepted 
government resettlement offers.
Section 5. Discrimination, Societal Abuses and Trafficking in Persons
    The Constitution provides for equal treatment under the law for all 
citizens without regard to sex, social status, education, faith, or 
ethnicity. The Government at times took action when well-documented and 
obvious cases of discrimination came to the attention of high-level 
officials, although the legal mechanism whereby a citizen may bring 
charges of discrimination against an individual or organization was 
neither well developed nor widely understood among the general 
population.

    Women.--There were reports that domestic violence against women 
occurred, although it did not appear to be widespread. Spousal abuse is 
illegal. Rape reportedly was rare. In cases of rape that were tried in 
court, defendants generally were convicted with penalties ranging from 
3 years' imprisonment to execution. Spousal rape is not illegal.
    Trafficking in women and girls for prostitution was a problem (see 
Section 5, Trafficking). Prostitution is illegal, with penalties 
ranging from 3 months to 1 year in prison.
    Sexual harassment was rarely reported, but the actual extent of 
sexual harassment was difficult to assess. Although sexual harassment 
is not illegal, ``indecent sexual behavior'' toward another person is 
illegal and punishable by 6 months' to 3 years' imprisonment.
    The Constitution provides for equal rights for women, and the Lao 
Women's Union operated nationally to promote the position of women in 
society. The Family Code prohibits legal discrimination in marriage and 
inheritance. Discrimination against women was not generalized; however, 
varying degrees of traditional, culturally based discrimination 
persisted, with greater discrimination practiced by some hill tribes. 
Many women occupied responsible positions in the civil service and 
private business, and in urban areas their incomes were often higher 
than those of men.
    In recent years, the Government increased support for development 
programs designed to improve the position of women in society, 
including in the political system. During the year, the National 
Assembly passed a new Law on Women, with anti-trafficking provisions as 
well as provisions protecting women and children from domestic 
violence. The law defines trafficking and violence against women and 
children as criminal actions and provides for the protection of victims 
internally and by international agencies. The law closely follows 
provisions of the UN Convention on the Elimination of Discrimination 
Against Women (CEDAW) and the Convention on the Rights of the Child 
(CRC) to both of which the country is signatory.

    Children.--Although the Government has made children's education 
and health care a priority in its economic planning, funding for 
children's basic health and educational needs was inadequate, and the 
country had a very high rate of infant and child mortality. Education 
is free and compulsory through the fifth grade; however, fees for 
books, uniforms, and equipment, among other factors, precluded children 
from rural areas and poor urban families from complying. According to 
government statistics, 80 percent of primary school-age children, 50 
percent of junior high school-age children, and 25 percent of high 
school-age children were enrolled in school; the U.N. Development 
Program estimated that almost 40 percent of children never attended 
school at all and only 10 percent entered secondary school. There was a 
significant difference in the treatment of boys and girls in the 
educational system: female literacy was 48 percent versus 70 percent 
for males; however, men and women attended the national university in 
approximately equal numbers.
    The law prohibits violence against children, and violators were 
subject to stiff punishments. Reports of the physical abuse of children 
were rare.
    Trafficking in girls for prostitution and forced labor was a 
problem (see Section 5, Trafficking). Other forms of child labor 
generally were confined to family farms and enterprises (see Section 
6.d.).

    Trafficking in Persons.--The Penal Code prohibits abduction and 
trade in persons as well as detaining persons against their will, 
procuring, and prostitution; however, trafficking in persons, 
particularly women and children, was a problem. The National Assembly 
passed a Law on Women during the year, which includes provisions 
protecting women and children from trafficking and from domestic 
violence (see Section 5, Women). The country was primarily a country of 
origin for trafficking in persons and, to a much lesser extent, a 
country of transit. The primary destination country was Thailand. There 
was almost no effective border control. There was little reliable data 
available on the scope and severity of the problem until recently, when 
studies indicated that the scale of economic migration out of the 
country, mostly by young persons between the ages of 15 and 30, was far 
greater than previously had been supposed. About 7 percent of the total 
sample population in three southern provinces migrated, either 
seasonally or permanently; approximately 45 percent of them were male 
and 55 percent were female. An unknown number of these migrants were 
actually trafficked in some sense of the term. The studies suggest that 
it is not the most impoverished who are likely to migrate. A small 
number of citizens were trafficked to China and other third countries.
    The majority of trafficking victims have been lowland Lao, although 
small numbers of highland minority women have also been victimized by 
traffickers. These groups are particularly vulnerable because they do 
not have the cultural familiarity or linguistic proximity to Thai that 
Lao-speaking workers can use to protect themselves from exploitative 
situations. A much smaller number of trafficked foreign nationals 
transited through Laos, especially Burmese and Vietnamese.
    Many labor recruiters in the country were local persons with cross-
border experience and were known to the trafficking victims. For the 
most part, they had no connection to organized crime, commercial sexual 
exploitation, or the practice of involuntary servitude, but their 
services usually ended once their charges reached Thailand, where more 
organized trafficking operations also operated.
    There were few reports of official involvement in trafficking; 
however, anecdotal evidence suggested that local officials knew of 
trafficking activities, and some may have profited from them.
    To date, the Government has prosecuted five traffickers, according 
to available information. All were prosecuted under other criminal 
statutes, since an anti-trafficking law has not yet been enacted. The 
Government has established an anti-trafficking police unit to 
investigate human trafficking cases. The police occasionally arrested 
both citizens and foreigners for having sexual relations outside of 
marriage, which is prohibited under the law. Sexual relations with 
foreigners are forbidden under what the government refers to as a 
``special law.''
    The Government previously denied that there were cases of child 
prostitution in the country; however, in recent years it has become 
more actively involved in countering the worst forms of trafficking and 
the exploitation of underage persons, chiefly through cooperation with 
international NGOs working on trafficking problems.
    The Ministry of Labor and Social Welfare (MLSW) has a unit devoted 
to children with special needs, including protection of trafficking 
victims and prevention of trafficking. The Ministry also maintains a 
small-scale repatriation assistance center for returned victims of 
trafficking. However, the unit's effectiveness was limited by a small 
budget, inadequate international assistance, and a lack of trained 
personnel. The MLSW and the Lao Women's Union have conducted pilot 
studies on anti-trafficking information campaigns and are now pursuing 
more active interventions in conjunction with NGOs. Financial 
constraints limited the contributions the Government could make, but it 
did offer the services of ministerial personnel and venues to NGOs 
doing anti-trafficking work.
    The Lao Women's Union and the Youth Union, both party-sanctioned 
organizations, offered educational programs designed to educate girls 
and young women regarding the schemes of recruiters for brothels and 
sweatshops in neighboring countries and elsewhere. These organizations 
were most effective in disseminating information at the grassroots 
level.
    Some victims have been punished for improper documentation or for 
crossing the border illegally. Despite a new Memorandum of 
Understanding with Thailand regarding border control and a decree 
allowing citizens to work abroad, this practice continued, especially 
in the provinces, where some local authorities have ordered illegal 
border crossers into reeducation seminars and subjected them to fines. 
In September, the Ministry of Public Security issued a directive 
forbidding the use of fines for illegal border crossing. Such fines 
also would be outlawed under the pending anti-trafficking law. With 
support from UNICEF, the National Commission for Mothers and Children 
continued an active program of support for victims.

    Persons With Disabilities.--With donor assistance, the Government 
implemented limited programs for persons with disabilities, especially 
amputees. The law does not mandate accessibility to buildings or 
government services for persons with disabilities, but the Labor and 
Social Welfare Ministry has established some regulations regarding 
building access and some sidewalk ramps in Vientiane. The Lao National 
Commission for the Disabled has promulgated regulations to protect the 
rights of persons with disabilities.

    National/Racial/Ethnic Minorities.--The Constitution provides for 
equal rights for all minority citizens, and there is no legal 
discrimination against them; however, societal discrimination 
persisted. Moreover, critics have charged that the Government's 
resettlement program for ending slash-and-burn agriculture and opium 
production has adversely affected many ethnic minority groups, 
particularly in the north. The program requires that resettled persons 
adopt paddy rice farming and live in large communities, ignoring their 
traditional livelihoods and community structures. The program has led 
to an active debate among international observers about whether the 
benefits of resettlement promoted by the Government -providing access 
to markets, schools, and medical care for resettlees--outweigh the 
negative impact on traditional cultural practices.
    Less than half the population is ethnic Lao, also called ``lowland 
Lao.'' Most of the remainder, probably around 60 percent, is a mixture 
of at least 47 distinct upland hill tribes whose members, if born in 
the country, are citizens. There were also ethnic Vietnamese and 
Chinese minorities and a small community of South Asian origin, 
particularly in urbanized areas. The Law on Nationality provides a 
means for foreigners to acquire citizenship, and each year some 
foreigners, mostly Vietnamese and Chinese, acquire Lao citizenship. The 
Government encouraged the preservation of minority cultures and 
traditions; however, due to their remote location and inaccessibility, 
minority tribes had little voice in government decisions affecting 
their lands and the allocation of natural resources.
    The Hmong are one of the largest and most prominent highland 
minority groups. There were a number of Hmong officials in the senior 
ranks of the Government and LPRP, including at least five members of 
the LPRP Central Committee. However, societal discrimination against 
the Hmong continued, and some Hmong believe their ethnic group cannot 
coexist with the ethnic Lao population. This belief has fanned 
separatist or irredentist beliefs among some Hmong. In recent years, 
the Government focused some limited assistance projects in Hmong areas 
in order to address regional and ethnic disparities in income. The 
Government also provided for Hmong and Khmu language radio broadcasts.
    The increased number of attacks by Hmong insurgents against 
civilian and military targets, coupled with the outbreak of a localized 
uprising in Houaphanh Province in August 2003, heightened ethnic 
tensions and aroused the government leadership's suspicion of Hmong 
irredentist desires. These heightened security problems also resulted 
in increased efforts by security forces to eliminate scattered pockets 
of insurgents living in remote jungle areas. Several foreign 
journalists visited these groups during the year, highlighting their 
plight in the international press. These press articles alleged that 
the groups continued to be pursued by government military forces, in 
spite of official government denials that it was engaged in any form of 
military action against its citizens. Recent video evidence and witness 
testimony of an attack by Lao soldiers against a group of unarmed 
ethnic Hmong youth has added to the controversy (see Section 1.a.).
    For several years, the Government has had a vaguely defined policy 
of giving resettlement assistance and ``amnesty'' to those insurgents 
who surrender to authorities. At least partially in response to charges 
that it was trying to kill all insurgent elements, the Government used 
family members of insurgents still living in the forest and former 
insurgents to approach these groups to urge them to surrender to 
authorities. Throughout the late 1990s and early 2000s, small groups 
took up this offer and received small amounts of resettlement 
assistance from the Government, especially in Vientiane, Bolikhamsai, 
and Xieng Khouang Provinces and in the Saisomboun Special Zone. In some 
areas, such as in Bolikhamsai, this amnesty program included job 
training, land, and equipment for farming. However, in some cases, this 
assistance was less than had been promised. Moreover, because of their 
past activities, amnestied insurgents continued to be the focus of 
government suspicion and scrutiny. The Government refused offers from 
the international community to assist these surrendered insurgents 
directly, but quietly allowed some aid from the U.N. and other 
international agencies to reach them as part of larger assistance 
programs.
    The Constitution states that foreigners and stateless persons are 
protected by ``provisions of the laws,'' but, in practice, they did not 
enjoy the rights provided for by the Constitution.

    Other Societal Abuses and Discrimination.--There is no official 
discrimination against persons based on their sexual orientation. 
Within lowland Lao society, there is wide and growing tolerance of 
homosexual practice, although societal discrimination persists.
    The Government has actively promoted tolerance of persons with HIV/
AIDS. There was no official discrimination against those with HIV/AIDS, 
but social discrimination existed. The Government conducted awareness 
campaigns during the year to educate the population and promote 
understanding toward those with HIV/AIDS.
Section 6. Worker Rights
    a. The Right of Association.--Under the law, labor unions may be 
formed in private enterprises as long as they operate within the 
framework of the officially sanctioned Federation of Lao Trade Unions 
(FLTU), which in turn is controlled by the LPRP. However, most of the 
FLTU's approximately 77,000 members worked in the public sector.
    The Government employed the majority of salaried workers, although 
this situation was changing as the Government privatized state 
enterprises and otherwise reduced the number of its employees. 
Subsistence farmers made up an estimated 85 percent of the work force.
    The FLTU was free to engage in contacts with foreign labor 
organizations, which during the year included contacts with the 
Association of Southeast Asian Nations Trade Unions and the Asia-
Pacific American Labor Alliance. The FLTU was a member of the World 
Federation of Trade Unions.

    b. The Right to Organize and Bargain Collectively.--There is no 
right to organize and bargain collectively. The Labor Code stipulates 
that disputes be resolved through workplace committees composed of 
employers, representatives of the local labor union, and 
representatives of the FLTU, with final authority residing in the 
Ministry of Labor and Social Welfare. Labor disputes reportedly were 
infrequent. The Government sets wages and salaries for government 
employees, while management sets wages and salaries for private 
business employees.
    Strikes are not prohibited by law, but the Government's ban on 
subversive activities or destabilizing demonstrations (see Section 
2.b.) made a strike unlikely, and none were reported during the year.
    The Labor Code stipulates that employers may not fire employees for 
conducting trade union activities, for lodging complaints against 
employers about labor law implementation, or for cooperating with 
officials on labor law implementation and labor disputes, and there 
were no reports of such cases during the year. Workplace committees 
were one mechanism used for resolving complaints; however, there was no 
information on how effective these committees were in practice.
    There are no export processing zones.

    c. Prohibition of Forced or Compulsory Labor.--The Labor Code 
prohibits forced labor except in time of war or national disaster, 
during which time the State may conscript laborers. The Code also 
prohibits forced or compulsory labor by children; however, there were 
reports that such practices occurred (see Section 5).

    d. Prohibition of Child Labor and Minimum Age for Employment.--
Under the Labor Code, children under age 15 may not be recruited for 
employment, except to work for their families, provided the work is not 
dangerous or difficult. Many children helped their families on farms or 
in shops, but child labor was rare in industrial enterprises. Some 
garment factories reportedly employed a very small number of underage 
girls. The Ministries of Public Security and Justice are responsible 
for enforcing these provisions. Enforcement was ineffective due to a 
lack of inspectors and other resources.

    e. Acceptable Conditions of Work.--The daily minimum wage was about 
$0.40 (4,000 kip), which was insufficient to provide a decent standard 
of living for a worker and family. Most civil servants received 
inadequate pay. Some piecework employees, especially on construction 
sites, earned less than the minimum wage.
    The Labor Code provides for a workweek limited to 48 hours (36 
hours for employment in dangerous activities). The Code also provides 
for at least 1 day of rest per week.
    The Labor Code provides for safe working conditions and higher 
compensation for dangerous work. Employers are responsible for 
compensating a worker injured or killed on the job, a requirement 
generally fulfilled by employers in the formal economic sector. The 
Labor Code also mandates extensive employer responsibility for those 
disabled while at work. During the year, this law was enforced 
adequately. Although workplace inspections reportedly have increased 
over the past several years, the Ministry of Labor and Social Welfare 
lacked the personnel and budgetary resources to enforce the Labor Code 
effectively. The Labor Code has no specific provision allowing workers 
to remove themselves from a dangerous situation without jeopardizing 
their employment.
    There were a number of illegal immigrants in the country, 
particularly from Vietnam and China, and they were vulnerable to 
exploitation by employers. Some illegal immigrant Vietnamese children 
worked selling goods on the streets of Vientiane.

                               __________

                                MALAYSIA

    Malaysia is a federation of 13 states and 3 federal territories 
with a parliamentary system of government based on periodic multiparty 
elections. Opposition parties actively contest elections but face 
significant obstacles in competing with the ruling National Front 
coalition, which has held power for more than 45 years. March national 
elections were conducted in a generally transparent manner, but the 
opposition complained of the ruling coalition's exploitation of the 
powers of incumbency. Opposition parties won 10 percent of the seats in 
the Parliament, and an opposition party retained control of one state 
government. The Constitution provides for an independent judiciary; 
however, government action, constitutional amendments, legislation, and 
other factors undermined judicial independence and strengthened 
executive influence over the judiciary. The September decision by the 
country's highest court to overturn the 2000 sodomy conviction of 
former Deputy Prime Minister Anwar Ibrahim was widely regarded as an 
indication of judicial independence.
    The Royal Malaysian Police have primary responsibility for internal 
security matters. The police report to and are under the control of the 
Ministry of Internal Security, which was created in April out of the 
Home Affairs Ministry. Members of the police committed occasional human 
rights abuses.
    The country has a free market economy and a population of 
approximately 25.1 million. The economy grew at 5.2 percent in 2003 and 
was estimated to have grown by approximately 6.5 percent during the 
year. The Government continued expansionary fiscal and monetary 
policies and took an active role in managing the export-oriented 
economy. Services and manufacturing accounted for 57 percent and 30.4 
percent, respectively, of the gross domestic product. The unemployment 
rate remained approximately 3.5 percent.
    The Government generally respected the human rights of its 
citizens; however, there were problems in some areas. The Government 
acknowledged that it restricted certain political and civil rights to 
maintain social harmony and political stability. Police killed a number 
of persons in the course of apprehending them, and there were deaths in 
custody as well. Other problems included police abuse of detainees, use 
of the Internal Security Act (ISA) and other statutes to arrest and 
detain persons without charge or trial, persistent questions about the 
impartiality and independence of the judiciary, and restrictions on 
freedoms of press, association, and assembly. There continued to be 
some restrictions on religious freedom. Longstanding policies gave 
preferences to ethnic Malays in many areas. The country was a source 
and destination for trafficking in women and girls for the purposes of 
prostitution. Limitations on workers rights and instances of 
discrimination and exploitation of indigenous groups and migrant 
workers were problems.
                        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 
politically motivated killings by the Government or its agents; 
however, security forces killed persons during the year. Local 
nongovernmental organizations (NGOs) reported that police killed 7 
persons while apprehending them, down from 27 such killings in 2003. 
Local NGOs reported that 2 persons died in police custody during the 
year, down from 11 such deaths in 2003.
    In 2003, the Human Rights Commission of Malaysia (Suhakam) stated 
that it was aware of ``numerous'' complaints of deaths in police 
custody, police brutality, and negligence. In July, Suhakam reported 
that in 2003, three police officers were arrested and charged in 
connection with deaths in custody. In October, the press reported that 
a police officer was convicted of culpable homicide and sentenced to 6 
years in prison in connection with the 2003 killing by other inmates of 
a detainee in Batu Pahat jail. The Criminal Procedure Code empowers 
magistrates and public prosecutors to investigate such killings and 
charge those responsible under the Penal Code, and inquiries were begun 
in five cases dating from 2003 and 2004; however, no such prosecutions 
were brought forward during the year. In August, the Government agreed 
to compensate the family members of six men killed by police in 1998. 
In 2002, the High Court found the police officers guilty of murderous 
assault, but did not sentence them to any punishment.

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

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--No constitutional provision or law specifically prohibits 
torture; however, laws that prohibit ``committing grievous hurt'' 
encompass torture. According to the Government, every report of abuse 
of prisoners is investigated; however, the Government routinely did not 
release information on the results of internal police investigations, 
and whether those responsible for abuses were punished was not always 
known. There were press reports of alleged torture or mistreatment by 
the police. Local NGOs stated that police sometimes subjected criminal 
suspects and illegal alien detainees to physical and psychological 
torture during interrogation and detention. In May, the international 
NGO Human Rights Watch (HRW) stated that some prisoners were subjected 
to sexually humiliating questioning and were made to stand semi-naked 
for long periods. The Government denied these allegations. In July, 
Suhakam representatives visited the prison where the prisoners were 
allegedly mistreated and told the press that they found no evidence of 
such treatment.
    In February, a coalition of 44 NGOs and 6 political parties called 
on the Inspector General of Police (IGP) to address instances of abuse 
of police powers. In April, the Prime Minister launched a National 
Integrity Plan directed at reducing corruption, graft, and abuse of 
power. The Police Commission, which is chaired by Prime Minister 
Abdullah in his capacity as Internal Security Minister, reported that 
in 2003, disciplinary actions were initiated against 1,138 police 
personnel, compared with 1,012 in 2002. Offenses noted in the report 
included accepting bribes, theft, and rape; punishments included 
suspension, dismissal, and demotion. The report cited the strict 
monitoring effort aimed at improving the public image of the police 
force as the reason for the increase in the number of personnel 
sanctioned. In September, the press reported that during the year, 
plainclothes police regularly investigated police officers who appeared 
to be living beyond their means.
    In 2003, the High Court reversed a Sessions Court's acquittal and 
convicted a police constable for the 2002 rape of two foreign women who 
were in custody at the time of the rape (see Section 5).
    In February, police arrested 17 demonstrators and used water 
cannons forcibly to disperse dozens of others who were protesting 
alleged abuse of police powers (see Section 2.b.).
    Unlike in previous years, there were no confirmed reports that the 
police aided logging companies' intimidation tactics in appropriating 
land from indigenous communities in Sarawak.
    Criminal law prescribes caning as an additional punishment to 
imprisonment for those convicted of some nonviolent crimes, such as 
narcotics possession, criminal breach of trust, and alien smuggling. 
The immigration law, in effect since 2002, prescribes up to six strokes 
of the cane for both illegal immigrants and their employers. Judges 
routinely included caning in sentences of those convicted of such 
crimes as kidnapping, rape, and robbery. Some state Shari'a (Islamic) 
laws, which bind only Muslims, also prescribe caning (see Section 
1.e.). The caning, which was carried out with a 0.5-inch-thick wooden 
cane, commonly caused welts and sometimes caused scarring. Males over 
50 and women are exempted from caning. According to the provisions of 
the 2002 Child Act, male children 10 years of age and older may be 
given up to 10 strokes of a ``light cane'' (see Section 5).
    Prison overcrowding was a serious problem. In July, Suhakam 
reported that overcrowding was a common feature in all prisons it 
visited. In August, the Government acknowledged that the nation's 
prisons held 42,284 inmates, 10,000 above designed capacity.
    The law provides that young boys and girls may be placed in 
judicially approved places of detention. Children have the right to 
remain with their imprisoned mothers until the age of 3 years and can 
stay beyond that age with approval of the Director General of Prisons. 
Men and women were detained in separate facilities. Convicted prisoners 
were segregated from pretrial detainees.
    Special security prisoners were detained in a separate detention 
center (see Section 1.d.). In 2003, a number of persons released from 
detention under the ISA claimed that during the initial stages of their 
detention they were subjected to intensive interrogation and 
disoriented by isolation, deliberately interrupted sleep, and abusive 
treatment by police (see Section 1.d.).
    NGOs and international organizations involved with migrant workers 
and refugees made credible allegations of inadequate food and medical 
care, poor sanitation, and abuse by guards in government camps for 
illegal immigrants. According to reliable reports, this overcrowding 
and related poor health conditions contributed to the deaths of several 
detainees. Suhakam, which visited the camps in 2003, found detainees 
endured hot, uncomfortable, and cramped living conditions. During the 
year, hundreds of Acehnese and Burmese asylum seekers were detained in 
camps for illegal immigrants pending deportation to Indonesia and Burma 
(see Section 2.d.). Some individuals convicted of violating the 
immigration law were subject to caning. In 2003, Suhakam confirmed that 
they found detainees with fresh scars at Semenyih camp and said that it 
amounted to cruel and inhuman treatment. In September, the local press 
reported that 139 illegal immigrant detainees launched a hunger strike 
at Semenyih detention camp to protest overcrowding, poor sanitary 
conditions and rotten food.
    The Government does not have any agreement with the International 
Committee of the Red Cross that permits visits to prisoners. NGOs and 
the media generally were not permitted to monitor prison conditions. 
However, in June, the Government invited the media to inspect Kamunting 
prison in response to allegations that ISA detainees there were being 
abused. Access to illegal alien detention camps was restricted, 
although officials from the U.N. High Commissioner for Refugees (UNHCR) 
were given regular access to several camps to identify and interview 
potential refugees (see Section 2.d.). In addition, Suhakam officials 
visited various camps and prisons at different times during the year.

    d. Arbitrary Arrest or Detention.--The law permits police to arrest 
individuals for some offenses without a warrant, and police may hold 
suspects for 24 hours without charge. A magistrate may extend the 
period for up to 2 weeks. Although the police generally observed these 
provisions, Suhakam reported that in 2002 some detainees were held 
beyond the 2-week limit. Suhakam also noted that police sometimes 
released suspects and then quickly rearrested them on new but similar 
charges. In one 2002 case, a detainee was consecutively held in this 
manner for a total of 77 days. Police often denied detainees access to 
legal counsel and questioned suspects without giving them access to 
counsel. Police justified this practice as necessary to prevent 
interference in ongoing investigations. Judicial decisions generally 
upheld this practice. In July, the Royal Commission for Police Reform 
recommended that detention procedures be reviewed to prevent abuse.
    Modeled on the British system, the Royal Malaysia Police (PDRM) is 
under the command of the IGP, who reports to the Minister of Internal 
Security. The IGP is responsible for organizing and administering the 
police force. The functions of the police generally are divided into 
five areas: The enforcement of law and order; the maintenance of 
national peace and security; the prevention and detection of crimes; 
the arrest and prosecution of offenders; and the gathering of security 
intelligence. Consisting of 80,000 officers, the PDRM generally was 
regarded as well organized and efficient. During the year, there were 
some allegations of corruption and police abuse of detainees. In 2003, 
the Prime Minister (who is concurrently Internal Security Minister) 
announced that a Royal Commission would be set up to review issues 
within the police force such as police brutality, poor service, and 
corruption. In a preliminary August report the Commission found that 
there were indications of corruption at every level and that excessive 
force was used against detainees. During the year, the PDRM in 
conjunction with Suhakam organized training courses throughout the 
country to inform police officers about the importance of human rights. 
In July, the IGP directed the Commander of the Police Training Center 
to include human rights awareness training in its training modules.
    Three laws permit the Government to detain suspects without 
judicial review or the filing of formal charges: the ISA, the Emergency 
(Public Order and Prevention of Crime) Ordinance, and the Dangerous 
Drugs Act (Special Preventive Measures).
    The ISA, enacted in 1960 during an active communist insurgency, 
empowers the police to hold for up to 60 days any person who acts ``in 
a manner prejudicial to the security of Malaysia.'' The Internal 
Security Minister may authorize further detention for periods of up to 
2 years. Some of those released before the end of their detention 
period are subject to ``imposed restricted conditions'' for the 
remainder of the originally authorized detention period. These 
conditions limit freedom of speech, association, and travel outside the 
country. Since the ISA's inception, over 4,000 persons have been 
detained under it.
    Even when there are no formal charges, the ISA requires that the 
authorities inform detainees of the accusations against them and permit 
them to appeal to an advisory board for review every 6 months. However, 
advisory board decisions and recommendations are not binding on the 
Internal Security Minister, are not public, and often are not shown to 
the detainee. Local human rights NGOs claimed that the police at times 
intimidated and harassed family members of ISA detainees to prevent 
them from taking legal action against the police.
    The 1988 amendments to the ISA circumscribed judicial review of ISA 
detentions. The Bar Council has asserted that ISA detentions should be 
subject to full judicial review; however, the courts did not concur 
with this interpretation and limited their review to procedural issues. 
Detainees freed by judicial order nearly always were detained again 
immediately. Following several successful procedural challenges to ISA 
detentions, in 2003, the Federal Court ruled that the courts should not 
intervene in matters of national security and public order.
    According to the Government, the goal of the ISA is to control 
internal subversion. In October, the Government stated that there were 
101 persons in detention under the ISA, of whom 87 were suspected of 
involvement in terrorism. Among those detained were members of the 
opposition Islamic Party (PAS), including Nik Adli, son of the PAS 
leader.
    There were no new reports of the Government using the ISA against 
political opponents during the year; however, the ISA, and the threat 
of invoking the ISA, have in the past been used to intimidate and 
restrict political dissent. For example, in 2001, the Government used 
the ISA to detain 10 political activists who were leaders of, or 
closely associated with, the opposition National Justice Party 
(Keadilan), claiming that they represented a threat to national 
security. In 2002, the Federal Court ruled that the detentions were 
unlawful; however, as the Court's rulings focused on the police's 
initial 60-day detention order and not on the Internal Security 
Ministry's subsequent 2-year detention, the six remained in prison 
until 2003, when they were released. Two of those released claimed that 
their police interrogations were limited to questions about their 
political beliefs and personal life and not about the alleged offenses 
for which they initially were detained.
    Opposition leaders and human rights organizations continued to call 
on the Government to repeal the ISA and other legislation that deprived 
persons of the right to defend themselves in court. In 2003, after 
nearly a year of reviewing the case, Suhakam publicly urged the 
Government to release the six Keadilan detainees and recommended that 
the ISA be rewritten to ensure that the Government could not use it 
against political opponents. Suhakam also recommended that ISA 
detainees have access to legal counsel within 24 hours of detention and 
to families within 48 hours. The Suhakam 2002 annual report noted that 
detention without trial constituted a violation of human rights. In its 
2003 report, Suhakam said the ISA was used with greater restraint 
during the year.
    The Government stated that the implementation of preventive 
detention measures to combat terrorism by foreign governments 
underscored the country's continued need for the ISA. However, in 2003, 
the Minister of Legal Affairs said that the Government was reviewing 
the ISA and would incorporate Suhakam's recommendations into its 
report.
    Under the Emergency Ordinance, the Internal Security Minister may 
issue a detention order for up to 2 years against a person if he deems 
it necessary to protect public order, or for the ``suppression of 
violence, or the prevention of crimes involving violence.''
    Provisions of the Dangerous Drugs Act (Special Preventive Measures) 
give the Government specific power to detain suspected drug traffickers 
without trial for up to 39 days before the Internal Security Minister 
must issue a detention order. Once an order is issued, the detainee is 
entitled to a hearing before a court, which may order the detainee's 
release. Suspects may be held without charge for successive 2-year 
intervals with periodic review by an advisory board, whose opinion is 
binding on the Minister. However, the review process contains none of 
the procedural rights that a defendant would have in a court 
proceeding. The police frequently detained suspected narcotics 
traffickers under this act after the traffickers were acquitted of 
formal charges. During the first 9 months of the year, the Government 
detained over 1,589 persons under the act.
    The Restricted Residence Act allows the Minister of Internal 
Security to place criminal suspects under restricted residence in a 
remote district away from their homes for 2 years. The Ministry is 
authorized to issue the restricted residence orders without any 
judicial or administrative hearings. The Government continued to 
justify the act as a necessary tool to remove suspects from the area 
where undesirable activities were being conducted. During the year, the 
press reported the arrests of three organized crime figures allegedly 
involved in prostitution and human trafficking who were subsequently 
detained under the Restricted Residence Act. In September, the Deputy 
Minister of Internal Security told the press that 140 persons had been 
placed on restriction during the year under this act.
    Immigration laws were used to detain illegal immigrants. The 
detainees were not accorded any administrative or judicial hearing and 
were released only after their employers proved their legal status. 
Those who were able to produce legal documents normally were released 
immediately; those who were unable to prove their legal status often 
were held for extended periods before deportation. Illegal immigrants 
were kept in detention camps that were separate from prisons. No 
codified legal distinction is made between illegal workers, refugees, 
and trafficking victims (see Sections 1.c. and 2.d.).
    Crowded and understaffed courts often resulted in lengthy pretrial 
detention, sometimes lasting several years.
    The Criminal Procedure Code allows the detention of a person, whose 
testimony as a material witness is necessary in a criminal case, if 
that person is considered likely to flee.

    e. Denial of Fair Public Trial.--The Constitution provides for an 
independent judiciary; however, over the last 20 years government 
action, constitutional amendments, legislation restricting judicial 
review, and other factors limited judicial independence and 
strengthened executive influence over the judiciary. The secular legal 
system is based on English common law. Trials are public, although 
judges may order restrictions on press coverage. Defendants have the 
right to counsel, bail is usually available, and strict rules of 
evidence apply in court. Defendants may make statements for the record 
to an investigative agency prior to trial. Limited pretrial discovery 
in criminal cases impeded defendants' ability to defend themselves.
    High Courts have original jurisdiction over all criminal cases 
involving serious crimes. Minor civil suits are heard by Sessions 
Courts. Juvenile Courts try offenders below 18 years of age. The 
Special Court tries cases involving the King and the Sultans. The Court 
of Appeal has appellate jurisdiction over High Court and Sessions Court 
decisions. The Federal Court, the country's highest court, reviews 
Court of Appeal decisions.
    The Government limited judicial independence significantly through 
a 1988 constitutional amendment that provided that judicial powers 
would be conferred by Parliament rather than being vested directly in 
the courts. The amendment also conferred certain judicial powers on the 
Attorney General, including the authority to instruct the courts on 
which cases to hear, the power to choose venues, and the right to 
discontinue cases. The Attorney General has control and direction of 
all criminal prosecutions under the Criminal Procedure Code and has 
assumed responsibility for judicial assignments and transfers. Since 
1988, senior judges have been appointed based on the recommendation of 
the Prime Minister.
    In recent years, members of the bar, NGOs, and other observers have 
expressed serious concern about the general decline of judicial 
independence, citing a number of high-profile instances of arbitrary 
verdicts, selective prosecution, and preferential treatment of some 
litigants and lawyers. The most widely criticized such case was that of 
former Deputy Prime Minister Anwar Ibrahim. In 1998, after a peaceful 
demonstration in which he called for then-Prime Minister Mahathir's 
resignation, Anwar was detained for alleged corruption and sodomy. In a 
1999 trial flawed by political interference, Anwar was convicted of 
corruption and sentenced to 6 years in prison. Appeals in 2000 and 2002 
were denied, and Anwar completed the sentence in 2003 after it was 
reduced to 4 years for good behavior. In September, the Federal Court, 
the country's highest, dismissed Anwar's petition to reconsider its 
2002 appeal decision, leaving Anwar ineligible to participate in 
politics until 2008.
    In 2000, Anwar was convicted on a separate charge of sodomy and 
sentenced to 9 years in prison, to be served consecutively with the 
corruption sentence. In September, the Federal Court ruled that the 
trial court had misdirected itself, and that Anwar's conviction for 
sodomy was unjust. The panel vacated the conviction and ordered Anwar 
released. International observers applauded the decision and credited 
Prime Minister Abdullah for encouraging greater judicial independence. 
Amnesty International (AI) hailed the decision as ``an historic 
milestone in the restoration of confidence in the rule of law and 
respect for human rights in Malaysia.''
    Defendants are presumed innocent and may appeal court decisions to 
higher courts. The Courts of Judicature Act limits a defendant's right 
to appeal in some circumstances. The Government stated that the limits 
expedited the hearing of cases in the upper courts, but the president 
of the Bar Council said that the act imposed too many restrictions on 
appeals.
    The Essential (Security Cases) Regulations restrict the right to a 
fair trial by lowering the standard for accepting self incriminating 
statements by defendants as evidence in firearm and certain national 
security cases. The regulations also allow the authorities to hold an 
accused for an unspecified time before making formal charges.
    Even when the Essential Regulations are not invoked, police 
sometimes used other tactics to limit the legal protections of 
defendants. For example, during a trial, police may summon and 
interrogate witnesses who have previously given testimony that was not 
helpful to the prosecution. Human rights advocates accused police of 
using this tactic to intimidate witnesses. Police also have used raids 
and document seizures to harass defendants.
    Contempt of court charges also restricted the ability of defendants 
and their attorneys to defend themselves; however, the use of such 
charges appeared to be decreasing.
    Certain provisions of the Anti-Corruption Act impinge on the 
presumption of a defendant's innocence. A 1997 amendment to the act 
requires that an accused prove that he acquired monetary and other 
assets legally.
    Shari'a laws administered by state authorities through Islamic 
courts bind Muslims, the large majority of whom are ethnic Malays. 
These laws vary from state to state. In 2002, the Government 
established a committee to recommend ways to harmonize Shari'a laws 
throughout the country; any recommendations must be adopted by 
individual state legislatures. The Shari'a courts do not give equal 
weight to the testimony of women. Many NGOs also complained that women 
did not receive fair treatment from Shari'a courts, especially in 
matters of divorce and child custody (see Section 2.c.).
    Indigenous peoples in Sarawak and Sabah have a system of customary 
law to resolve matters such as land disputes between tribes. 
Additionally, Penghulu (village head) courts may adjudicate minor civil 
matters, but these were rarely used.
    The military has a separate system of courts.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The law prohibits such practices; however, authorities 
infringed on citizens' privacy rights in some cases. Provisions in the 
security legislation allow the police to enter and search without a 
warrant the homes of persons suspected of threatening national security 
(see Section 1.d.). Police also may confiscate evidence under these 
acts. Police used this legal authority to search homes and offices, 
seize books and papers, monitor conversations, and take persons into 
custody without a warrant.
    The Anti-Corruption Act empowers the Attorney General to authorize 
the interception of mail and the wiretapping of telephones. Information 
obtained in this way is admissible as evidence in a corruption trial.
    The law permits the Internal Security Ministry to place criminal 
suspects under restricted residence in a remote district away from 
their homes for 2 years (see Section 1.d.).
    The Government bans membership in unregistered political parties 
and in unregistered organizations (see Section 2.b.).
    Certain religious issues posed significant obstacles to marriage 
between Muslims and adherents of other religions (see Section 2.c.).
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The Constitution provides for 
freedom of speech and freedom of the press; however, some important 
legal limitations exist, and in practice, the Government restricted 
freedom of expression, and journalists practiced self-censorship. 
According to the Government, restrictions on this freedom were imposed 
to protect national security, public order, and friendly relations with 
other countries.
    The Constitution provides that freedom of speech may be restricted 
by legislation ``in the interest of security (or) public order.'' For 
example, the Sedition Act prohibits public comment on issues defined as 
sensitive, such as racial and religious matters. In practice, the 
Sedition Act, Official Secrets Act (OSA), criminal defamation laws, and 
some other laws were used to restrict or to intimidate dissenting 
political speech.
    In 2003, the Government amended the election law to make it an 
offense for a candidate to ``promote feelings of ill-will, discontent, 
or hostility.'' Violators could be disqualified from running for 
office, and during the March national elections, both the Elections 
Commission Chairman and the Prime Minister warned candidates not to 
violate the amended law (see Section 3). No one was charged under the 
provision.
    In past years, senior government officials ascribed seditious or 
treasonous motives to critics of government policies, although many 
persons still criticized the Government publicly. In 2003, government 
officials warned that political parties that raised sensitive issues 
and threatened national stability would be charged under the Sedition 
Act. In 2003, the editor of the opposition paper Harakah was fined 
$1,300 (5,000 ringgit) for publishing an allegedly seditious article in 
1999 regarding the Anwar Ibrahim trial. In 2002, opposition leader Lim 
Kit Siang and a number of his colleagues were arrested for distributing 
leaflets that criticized then-Prime Minister Mahathir's declaration 
that the country was an Islamic state. During the year, there were no 
reports of the Government using the Sedition Act to silence critics.
    In the past, the Bar Council and other NGOs called for a review of 
certain provisions of the OSA, accusing the Government of using the act 
to cover up corruption. In 2000, Ezam Noor, a former aide to Anwar 
Ibrahim, was charged under the OSA with disclosing secret Anti 
Corruption Agency reports to the media. In 2002, Ezam was convicted of 
the charge and sentenced to 2 years in prison, but he was released on 
bail in 2003, and, in April, the Court of Appeal vacated the lower 
court's judgment. The appellate judge strongly criticized the 
Government's handling of the case and described the legal provisions 
used against Ezam as ``obnoxious, draconian and oppressive.''
    The English and Malay press provided generally uncritical coverage 
of government officials and policies and usually gave only limited and 
selective coverage to political views of the opposition or political 
rivals. Editorial opinion almost always reflected government positions 
on domestic and international issues. However, during the year the 
mainstream press printed interviews with senior opposition leaders that 
included criticism of government policy. Observers believed this was an 
indication that the administration of Prime Minister Abdullah had 
relaxed some press restrictions.
    Print journalism was dominated by eight daily newspapers--two each 
in English and Malay and four in Chinese. One of the parties in the 
ruling coalition owned or controlled a majority of shares in each of 
the English and Malay dailies, and two of the Chinese dailies. 
Politically well-connected tycoons owned the other two Chinese language 
newspapers. Self-censorship and biased reporting in the print media 
were not uniform and the English-, Malay-, and Chinese-language press 
sometimes provided balanced reporting on sensitive issues.
    The Printing Presses and Publications Act (PPPA) limits press 
freedom. Under the act, domestic and foreign publications must apply 
annually to the Government for a permit. The act was amended to make 
the publication of ``malicious news'' a punishable offense, to expand 
the Government's power to ban or restrict publications, and to prohibit 
court challenges to suspension or revocation of publication permits. 
According to the Government, this amendment was made to ensure that 
``distorted news'' was not disseminated to the public. Government power 
over annual license renewal and other policies created an atmosphere 
that inhibited independent or investigative journalism and resulted in 
extensive self-censorship. In 2002, the then-Deputy Home Affairs 
Minister told Parliament that, from the beginning of 2001 until October 
2002, 1,345 publications and printing premises were inspected and 2,305 
volumes of publications were confiscated under the act. Government 
officials continued to argue that the act helped to preserve harmony 
and to promote peaceful coexistence in a multiracial country.
    The Government sometimes directly restricted the dissemination of 
information that it deemed embarrassing or prejudicial to national 
interests. For example, the Government continued its policy of not 
allowing public disclosure of air pollution index readings or deaths 
due to dengue fever. On August 18, the official news agency, Bernama, 
conveyed an instruction to all media, reportedly from the Prime 
Minister's Department, not to report anything related to the outbreak 
of bird flu. On August 19, the Prime Minister's Department denied that 
the instruction had come from it, and the Deputy Minister of 
Information told reporters that although Bernama had the responsibility 
to report and express government policy, it did not have the right to 
instruct other media on how to treat the news.
    In 2003, the Kuala Lumpur Magistrate Court sentenced human rights 
monitor Irene Fernandez to 12 months' imprisonment for malicious 
publication of false material. The sentence was suspended pending 
appeal. The charge under the PPPA stemmed from a 1995 memorandum 
entitled ``Abuse, Torture and Dehumanized Treatment of Migrant Workers 
at Detention Camps.'' The magistrate rejected Fernandez's interviews as 
hearsay and noted that Fernandez had made no effort to visit the camps 
personally (the Government generally does not allow NGOs to visit the 
camps).
    Publications of opposition parties, social action groups, unions, 
and other private groups actively covered opposition parties and 
frequently printed views critical of government policies. However, the 
Government retained significant influence over these publications by 
requiring the annual renewal of publishing permits and limiting 
circulation only to organization members. In the past, the PAS 
newspaper, Harakah, was the target of several ruling party-sponsored 
libel suits. Harakah was the only major Malay- or English-language 
print media forum for opposition views, and its circulation rivaled 
that of mainstream newspapers. Since 2000, under government stricture, 
Harakah has been limited to publishing only twice monthly instead of 
twice a week.
    Most major newspapers have online editions, which generally fall 
outside government regulations, as they are not required to have 
publication permits. In 2003, the ruling party youth movement, United 
Malays National Organization Youth (UMNO Youth), lodged a complaint 
against independent Internet news provider Malaysiakini over a letter 
published on the website that allegedly contained seditious remarks. In 
response, police raided the daily's offices, confiscating 15 computers 
and 4 servers, and shutting down the company's online service for over 
10 hours. While the Government continued to deny Malaysiakini formal 
press accreditation, its reporters were allowed to cover government 
functions and ministers' press conferences.
    Printers, who also must have their permits renewed annually, often 
were reluctant to print publications that were critical of the 
Government.
    In 2003, the Government interfered with the timely release and 
distribution of several foreign magazines, including the Far Eastern 
Economic Review and The Economist. Government officials, including 
then-Prime Minister Mahathir, continued to accuse the foreign media of 
harboring ill intentions toward the country and of deliberately 
misrepresenting the country's political and economic environment by 
focusing on negative news. In 2003, the then-Deputy Home Minister said 
the Government would consider a ban against any foreign magazine that 
made unfounded allegations against the country and its leaders.
    The electronic media was restricted more tightly than the print 
media. Radio and television stations almost uniformly were supportive 
of the Government's news coverage and commentary. News of the 
opposition was restricted tightly and reported in a biased fashion. In 
the period before the March elections, opposition representatives said 
they were unable to have their views heard and represented on the 
country's television and radio stations.
    During the year, two new television stations joined an already 
crowded market of three stations and one cable network. The privately 
owned television stations had close ties to the ruling coalition and 
were unlikely to provide a forum for the opposition parties. In 2002, 
the Government did not approve a longstanding license application for a 
state radio station in opposition controlled Kelantan State. 
Broadcasting licenses only permit Malay-language news from 8:00 to 9:00 
p.m., except on a Ministry of Information channel. During the year, one 
of the new stations appealed the terms of its license agreement and 
began broadcasting the 8:00 p.m. news in English. Their appeal was 
denied, and the English broadcasts ceased. Internet television faced no 
such restrictions. In 2001, PAS launched its own Internet television 
studio, with daily broadcasts.
    The Government censored books and films for profanity, nudity, sex, 
violence, and certain political and religious content. Television 
stations censored programming in line with government guidelines. Some 
foreign newspapers and magazines were banned, and, infrequently, 
foreign magazines or newspapers were censored, most often for sexual 
content. However, the increased prevalence of the Internet vitiated 
such restrictions. The Government maintained a ``blacklist'' of local 
and foreign performers, politicians, and religious leaders who were not 
allowed to appear on television or radio broadcasts. The Government 
continued to try to block the production, distribution, and sales of 
unauthorized video compact discs (VCDs) and digital video discs (DVDs), 
especially those with pornographic or sensitive political content.
    The Communications and Multimedia Act (CMA) requires certain 
Internet and other network service providers to obtain a license. In 
the past, the Government stated that it did not intend to impose 
controls on Internet use, but noted that it would punish the ``misuse'' 
of information technology under the CMA. During the year, the 
Government did not use licensing provisions under the CMA to interfere 
with Internet access or to restrict Internet content.
    The Government generally restricted remarks or publications that 
might incite racial or religious disharmony; it also attempted to 
restrict the content of sermons at mosques in the states controlled by 
the ruling coalition. Some state governments banned certain Muslim 
clergymen from delivering sermons. The Religious Affairs Department 
continued to conduct background checks on all clergymen. The Government 
also cracked down on the distribution and sale of the opposition 
party's VCDs and audiocassettes.
    The Government places some restrictions on academic freedom, 
particularly the expression of unapproved political views, and the 
Government enforced restrictions on teachers and students who expressed 
dissenting views. In 2002, the Government began to require that all 
civil servants, university faculty, and students sign a pledge of 
loyalty to the King and the Government. Opposition leaders and human 
rights activists claimed that this was intended to restrain political 
activity among civil servants, academics, and students. Although 
academics sometimes were publicly critical of the Government, there was 
clear self censorship among public university academics whose career 
advancement and funding depended on the Government. In 2001, senior 
government officials said that teachers who opposed the Government and 
students who took part in anti-government activities would face 
disciplinary actions, including dismissal and expulsion. In 2003, a 
Universiti Teknologi Malaysia lecturer who was pursuing his doctorate 
had his scholarship revoked after he was found to have been involved in 
anti-government activity. Also in 2003, seven university students were 
denied the right to continue their studies after being charged with 
illegal assembly.
    Private institution academics practiced self-censorship as well, 
fearing that the Government might revoke the licenses of their 
institutions. The law also imposes limitations on student associations 
and student and faculty political activity (see Section 2.b.).
    The Government has long stated that students should be apolitical 
and used that assertion as a basis for denying parties access to 
student forums. According to student leaders, students who signed anti-
government petitions sometimes were expelled or fined. The Government 
enforced this policy selectively and did not refrain from spreading 
government views on political issues among students and teachers.

    b. Freedom of Peaceful Assembly and Association.--The Constitution 
provides for freedom of peaceful assembly; however, in practice, the 
Government placed significant restrictions on this right. This right 
may be limited in the interest of security and public order, and the 
Police Act requires police permits for all public assemblies except for 
workers on picket lines. The decision to grant a permit theoretically 
rests with the district police chief; however, in practice, senior 
police officials and political leaders influenced the grant or denial 
of some permits. Police granted permits routinely to government and 
ruling coalition supporters; however, they used a more restrictive 
policy with government critics. In 2003, opposition activists attending 
a political forum organized by PAS were arrested for illegal assembly. 
Similarly, in 2003, an outdoor march in support of rape victims was 
cancelled after police refused a permit on grounds of ``public 
security.'' However, in the period before the March elections the 
Elections Commission announced that public rallies by political parties 
would be permitted, subject to appropriate police permits. Although 
permits often were difficult to obtain due to the short duration (7 
days) of the campaign period, police generally allowed many rallies to 
be held without interference (see Section 3).
    During the year, Suhakam released its fourth annual report, which 
reiterated the Commission's earlier criticism of government imposed 
restrictions on freedom of assembly. In 2001, Suhakam released a report 
highlighting the fact that the right of assembly is provided for in the 
Constitution; it recommended easing police permits for gatherings, 
setting up a special ``speaker's corner,'' and reviewing laws that 
restrict the right to free assembly. In April, police arrested 15 
persons for taking part in an illegal assembly on the anniversary of 
the corruption conviction of Anwar Ibrahim. The 13 men and two women 
were arrested in front of Suhakam's offices in Kuala Lumpur.
    The Constitution provides for the right of association; however, 
the Government placed significant restrictions on this right and 
certain statutes limit this right. Under the Societies Act, only 
registered, approved organizations of seven or more persons may 
function as societies. The Government sometimes refused to register 
organizations or imposed conditions when allowing a society to 
register. The Government prohibited the Communist Party and affiliated 
organizations from registering and has blocked the registration of the 
Socialist Party of Malaysia since 1999 (see Section 1.f.). The 
Government also has the power to revoke the registration of an existing 
society for violations of the act, a power that it enforced selectively 
against political opposition groups.
    The Universities and University Colleges Act also restricts freedom 
of association. This act mandates university approval for student 
associations and prohibits student associations and faculty members 
from engaging in political activity. Many students, NGOs, and 
opposition political parties called for the repeal or amendment of the 
act. A number of ruling coalition organizations and politicians also 
supported reexamination of the act, but the Government argued that the 
act still was necessary.

    c. Freedom of Religion.--The Constitution provides for freedom of 
religion; however, the Government placed some restrictions on this 
right. Sunni Islam is the official religion, and the practice of 
Islamic beliefs other than Sunni Islam was significantly restricted. 
Non-Muslims, which include large Buddhist, Christian, Hindu, and Sikh 
communities, were free to practice their religious beliefs with few 
restrictions. The Government provides financial support to an Islamic 
religious establishment and also provides more limited funds to non-
Islamic religious communities. State authorities impose Islamic 
religious laws administered through Islamic courts on all ethnic Malays 
(and other Muslims) in some matters but generally did not interfere 
with the religious practices of the non-Muslim community. In 2003, 
then-Prime Minister Mahathir used anti-Semitic language during his 
address to the summit of the Organization of the Islamic Conference 
(OIC). Prime Minister Abdullah, who succeeded Mahathir 2 weeks after 
the OIC speech, subsequently emphasized religious tolerance towards all 
faiths. During the year, the Government promoted Islam ``Hadhari,'' 
which emphasized tolerance towards other religions and a moderate, 
progressive interpretation of Islam.
    The Registrar of Societies, under the Ministry of Home Affairs, 
registers religious organizations. Registration enables organizations 
to receive government grants and other benefits.
    In practice, Muslims are not permitted to convert to another 
religion. In several recent rulings, secular courts have ceded 
jurisdiction to the Islamic courts in matters involving conversion to 
or from Islam. In 2000, an Islamic court sentenced four persons to 3-
year prison terms for not recanting their alleged heretical beliefs and 
``return(ing) to the true teachings of Islam.'' The court rejected 
their argument that they were not subject to Islamic (Shari'a) law 
because they had ceased to be Muslims. Dismissing their appeal, the 
Court of Appeal ruled in 2002 that only the Islamic court is qualified 
to determine whether a Muslim has become an apostate. In July, the 
Federal Court upheld the Court of Appeal decision and returned the case 
to the Shari'a court to enforce the sentence.
    In April, the Kuala Lumpur High Court held that only the Islamic 
Court had jurisdiction over a suit by a non-Muslim mother to nullify 
the conversion of her two children to Islam without her agreement. The 
father converted to Islam after he became estranged from his wife and 
allegedly converted his two infant children in order to gain custody 
over them. The Malaysian Consultative Council of Buddhism, 
Christianity, Hinduism, and Sikhism (MCCBCHS) said the ruling 
``tramples over the rights of non-Muslim parents.'' The mother filed an 
appeal and in July the Court of Appeal granted custody to the mother 
but prohibited the mother from influencing the children's religious 
education.
    The Government generally respected non-Muslims' right of worship; 
however, state governments have authority over the building of non-
Muslim places of worship and the allocation of land for non-Muslim 
cemeteries. Approvals for building permits sometimes are granted very 
slowly. In 2003, the Minister of Housing and Local Government announced 
that building permit approvals would no longer be required for 
construction of places of worship. However, minority religious groups 
reported that state governments still sometimes blocked construction 
using restrictive zoning and construction codes.
    Proselytizing of Muslims by members of other religions was strictly 
prohibited, although proselytizing of non-Muslims faced no obstacles. 
The Government discouraged but did not ban distribution in peninsular 
Malaysia of Malay language translations of the Bible, Christian tapes, 
and other printed materials. The distribution of Malay language 
Christian materials faced few restrictions in the East Malaysia states 
of Sabah and Sarawak.
    While representatives of non-Muslims do not sit on the immigration 
committee that approves visa requests from members of the clergy, the 
MCCBCHS is asked for its recommendation.
    The Government continued to monitor the activities of the Shi'a 
minority, and state religious authorities reserved the right to detain 
members of what they considered Islamic ``deviant sects,'' i.e., groups 
that do not follow the official Sunni teachings, without trial under 
the ISA. According to the Government, no individuals were detained 
under the ISA for religious reasons by year's end.
    The Government is concerned that ``deviationist'' teachings could 
cause divisions among Muslims. Members of such groups can be arrested 
and detained, with the consent of the Islamic court, in order to be 
``rehabilitated'' and returned to the ``true path of Islam.'' The 
Selangor Religious Department detained 66 members of a deviationist 
group in 2003 and arrested 96 followers of another deviationist sect in 
April.
    The Government generally restricted remarks or publications that 
might incite racial or religious disharmony. This included some 
statements and publications critical of particular religions, 
especially Islam. The Government also restricted the content of sermons 
at mosques. In recent years, both the Government and the opposition 
Islamic party have attempted to use mosques in the states they control 
to deliver politically oriented messages. Several states have attempted 
to ban opponent-affiliated imams from speaking at mosques. Some states 
also have announced measures including more vigorously enforcing 
existing restrictions on the content of sermons and replacing mosque 
leaders and governing committees.
    For Muslim children, religious education according to a government-
approved curriculum is compulsory. There were no restrictions on home 
instruction, and private schools may offer a non-Islamic religious 
curriculum as an option for non-Muslims.
    In 2002, the Government implemented a policy that requires all 
Muslim civil servants to attend Islamic classes taught by government-
approved teachers.
    In family and religious matters, all Muslims are subject to Shari'a 
law. According to some women's rights activists, women are subject to 
discriminatory interpretations of Shari'a law and inconsistent 
application of the law from state to state.
    In the past, state governments in Kelantan and Terengganu have made 
efforts to restrict Muslim women's dress. However, since the defeat of 
the opposition Islamic party (PAS) in Terengganu and its near defeat in 
Kelantan in the March elections, which many observers interpreted as a 
rejection by voters of the strict form of Islam promoted by PAS, the 
two state governments have backed away from enforcing dress codes for 
any women.
    Efforts by the PAS-led governments of Terengganu and Kelantan to 
implement Shari'a criminal law (see Section 5), which would impose 
Islamic penalties for theft, robbery, illicit sex, drinking alcohol, 
and the renunciation of Islam, have been challenged in Federal Court, 
and the cases were still pending as of year's end. In 2003, the then-
Deputy Prime Minister stated that police could not enforce Islamic 
criminal law (``hudud'') until the Attorney General decided on the 
matter and that the Criminal Procedure Code was still in effect in 
Terengganu.
    The Government has a comprehensive system of hiring and other 
preferences for ethnic Malays and members of a few other groups, known 
collectively as ``bumiputras,'' most of whom are Muslim (see Section 
5).
    For a more detailed discussion, see the 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, the Government restricted these rights in some circumstances. 
The eastern states of Sabah and Sarawak control immigration and require 
citizens from peninsular Malaysia and foreigners to present passports 
or national identity cards for entry. In 2002, the Federal Court ruled 
that Sabah's exclusive control on immigration was provided for in the 
Constitution and could not be challenged. In 2003, a prominent local 
human rights activist was denied entry to Sarawak, allegedly due to her 
anti-logging positions, and returned to peninsular Malaysia. NGOs 
claimed that some citizens were blacklisted and not permitted to travel 
outside of Malaysia as they might ``tarnish the reputation'' of the 
country.
    The Government regulated the internal movement of provisionally 
released ISA detainees. The Government also used the Restricted 
Residence Act to limit movements of those suspected of some criminal 
activities (see Section 1.d.).
    Citizens must apply for government permission to travel to Israel.
    The country is not a party to 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. It sometimes 
granted temporary refuge to asylum seekers. In April, the Prime 
Minister offered to establish refugee camps in northern Malaysia to 
house potential refugees escaping violence in southern Thailand.
    In 2003, the police arrested over 240 Acehnese asylum seekers 
outside the UNHCR office in Kuala Lumpur. Following the arrests, then-
Prime Minister Mahathir threatened that they would not be allowed to 
seek political asylum and would be deported; however, many of those 
arrested subsequently were resettled to other countries. In July, the 
Government arrested 40 asylum seekers holding UNHCR temporary 
protection papers. International organizations and a number of human 
rights NGOs protested. During the year, the Government continued to 
deport some asylum seekers and refugees but has also allowed certain 
asylum seekers and persons of concern to remain pending resettlement to 
other countries. Reportedly the Government had decided to accord some 
10,000 Rohingyas (Muslims from Burma) refugee status.
    In 2003, Suhakam called on the Government to reconsider caning as a 
penalty for illegal immigrants alleging that it amounts to cruel and 
inhumane treatment. The new immigration law, in effect since 2002, 
provides for 6 months in prison and up to six strokes of the cane for 
immigration violations. In practice, due to delays in processing travel 
documents, many illegal immigrants were detained in camps for over a 
year (see Section 1.d.).
    The Government does not distinguish between asylum seekers and 
illegal immigrants, and detained them in the same camps. Detention 
facilities were overcrowded and lacked medical facilities. Local human 
rights NGOs alleged that detainees were provided inadequate food and 
sometimes were abused.
    The Constitution provides that no citizen may be banished or 
excluded from the Federation. However, according to the terms of a 1989 
peace agreement, Chin Peng, the 80-year-old former leader of the 
communist insurgency in the country, lives in exile in Thailand and has 
been denied permission to return to the country.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The Constitution provides citizens with the right to change their 
government peacefully, and citizens exercised this right in practice 
through periodic elections; however, while votes generally were 
recorded accurately, there were irregularities that affected the 
fairness of elections.
    In practice, opposition parties were unable to compete on equal 
terms with the governing coalition (which has held power at the 
national level since independence in 1957) because of significant 
restrictions on campaigning, freedom of assembly, freedom of 
association, and access to the media. Nevertheless, opposition 
candidates campaigned actively, with some success in state and national 
elections. In the March national elections, opposition parties captured 
20 of 199 parliamentary seats and 52 out of 453 state seats.
    The country has a parliamentary system of government with a 
bicameral legislature. National elections are required for the lower 
chamber at least every 5 years and have been held regularly since 1957. 
Members of the upper chamber, the Senate, are appointed. The Malay-
based UMNO party dominates the ruling National Front coalition. Since 
1969, the National Front coalition always has maintained at least a 
two-thirds majority in parliament, which enables the Government to 
amend the Constitution at will. Over the years, power increasingly has 
been concentrated in the Prime Minister. In 2003, Mahathir Mohamad, who 
had been Prime Minister since 1981, retired and relinquished power to 
his deputy, Abdullah Badawi. In national elections held in March, the 
ruling coalition captured 90 percent of total parliamentary seats.
    The lack of equal access to the media was one of the most serious 
problems encountered by the opposition in the March national elections 
(see Section 2.a.). Government-owned stations and the country's private 
television stations had virtually no impartial reporting on the 
opposition. The mainstream English- and Malay-language newspapers 
carried biased coverage of domestic politics as well. In addition, 
opposition parties alleged that they faced difficulties in placing paid 
advertisements in newspapers.
    Opposition leaders claimed that the Election Commission, which is 
responsible for holding and monitoring elections, did not carry out its 
duties impartially. The Election Commission is nominally independent 
but was perceived to be under the control of the Government. NGOs were 
permitted to form independent election watch organizations, but were 
accorded no special privileges.
    There were numerous opposition complaints of irregularities by 
election officials during the March campaign; however, most observers 
concluded that they did not substantially alter the results. Complaints 
included unregistered names, broken computers, and late opening of 
polling stations, all of which prevented some persons from voting. In 
the state of Selangor, Election Commission officials extended the 
polling period by 2 hours in apparent contravention of elections laws. 
The Election Commission blamed many of the glitches on last-minute 
increases in the number of polling stations and associated voter rolls, 
which the Commission alleged threw the process into disarray. 
Opposition leaders complained that local government officials who 
served as election officers were not always neutral.
    More serious allegations were lodged of voter rolls being inflated 
by illegally registered ``phantom'' voters, who reportedly included 
voters from other districts brought in to vote in tightly contested 
districts, non-registered voters using fictitious names or the names of 
dead voters still listed on the voter rolls, and non-citizens illegally 
registered to vote. The opposition claimed that 70,000 phantom voters 
in Terengganu were used to swing the vote in favor of the ruling 
coalition. Opposition parties also complained about their inability to 
monitor postal votes (absentee ballots) cast by police and military 
personnel. The Government, citing security concerns, did not allow 
party agents to monitor postal vote boxes on military and police 
installations.
    Ballots were marked with a serial number that could be matched 
against a voter's name. While there was no evidence that the Government 
ever traced individual votes, some opposition leaders alleged that the 
potential to do so influenced some voters, particularly civil servants.
    The Constitution states that parliamentary constituencies should 
have approximately equal numbers of eligible voters, although the same 
section states that greater weight should be given to rural 
constituencies. The Government conducted a nationwide electoral 
redistricting exercise during 2002. In 2003, 25 new parliamentary seats 
were added primarily in states in which the ruling coalition is strong. 
The opposition complained that the two states it controlled prior to 
the March elections did not get any new seats and that the 
redistricting was undertaken by the Government to weaken the 
opposition. Observers agreed that the redistricting favored Government 
candidates for parliamentary seats but believed it had less influence 
on elections for state seats.
    The Elections Commission lifted the ban on political rallies for 
the March elections; however, to hold a rally, organizers needed to 
file an application with the police 14 days in advance of the proposed 
event. With only 17 days between the announcement of the election and 
polling, and only 7 days of formal campaigning permitted, it was 
difficult to comply with this requirement. Nonetheless, the opposition 
held many rallies during the campaign.
    In 2003, Parliament amended the election law making it an offense 
for a candidate to ``promote feelings of ill-will, discontent or 
hostility.'' The Elections Commission warned that violators would be 
disqualified. Opposition candidates complained that this law restricted 
their ability to criticize government policies at public functions.
    Under the electoral law, unsuccessful candidates may appeal 
election results to special election courts in instances of alleged 
fraud, vote tampering, or other infractions of electoral rules. 
However, in 2002, Parliament passed an amendment to the electoral law 
forbidding judicial scrutiny of voter rolls after the Election 
Commission has certified them.
    Over the years, Parliament's function as a deliberative body has 
deteriorated. Legislation proposed by the Government rarely was amended 
or rejected. Legislation proposed by the opposition never was given 
serious consideration. Opposition opportunities to hold legislation up 
to public scrutiny have diminished. In September, a member of 
Parliament from the opposition Democratic Action Party was suspended 
without pay for 6 months after failing to apologize to the 
parliamentary Speaker for ``misleading the House'' on the question of 
whether or not M.P.s had to raise their hands when taking their oaths 
of office. The 1995 parliament amended its rules to strengthen the 
power of the Speaker and to curb parliamentary procedures frequently 
used by the opposition. The amendments empowered the Speaker to ban 
members he considered unruly for up to 10 days, imposed limits on 
deputies' ability to pose supplementary questions and revisit non-
germane issues, and established restrictions on the tabling of 
questions of public importance. Further measures in 1997 and 1998 
limited even more severely members' opportunities to question and 
debate government policies. In 2001, an amendment to the parliamentary 
Standing Orders permitted the Speaker to edit written copies of 
members' speeches before the speeches were delivered. Nonetheless, 
Government officials often faced sharp questioning in Parliament, 
although this was not always reported in detail in the press.
    After the 1969 intercommunal riots, the Government abolished 
elected local government in favor of municipal committees and village 
chiefs appointed by state governments. Some politicians and NGO 
activists advocated the reintroduction of local government elections. 
Even some ruling party municipal officials noted that local bodies were 
simply ``rubber stamps'' for the Government.
    In recent years there has been a widely held perception of 
widespread corruption and cronyism within the ruling coalition and in 
government institutions. In his first few months in office Prime 
Minister Abdullah publicly denounced corruption, canceled a high-
profile project tainted by cronyism, called for strengthening of the 
Anti-Corruption Agency, proposed the creation of a civil service ethics 
training institute, and pushed government institutions to be more 
responsive to the public. In February, both the former managing 
director of a government-owned steel company and the then-federal 
Minister for Land and Cooperative Development were arrested in separate 
cases on corruption-related charges. In November, UMNO suspended 16 
members for possible vote buying in party elections.
    Women faced no legal limits on participation in government and 
politics, and the Government proposed a ``plan of action for the 
advancement of women'' to redress inequalities that did exist. At 
year's end, 3 of 33 cabinet ministers were women. Women held 20 of 193 
seats in the House of Representatives, and they held 19 of 70 seats in 
the Senate. In 2003, noting the low percentage of women in the 
legislature, the Minister of Women, Family and Community Development 
asserted, ``It is a simple fact of life that women operate in a very 
unequal workplace environment.'' In August, the Prime Minister 
announced that 30 percent of decision-making posts in Government would 
be allocated to women.
    Ethnic minorities were represented in cabinet-level positions in 
Government, as well as in senior civil service positions. The political 
dominance of the Malay majority meant, in practice, that ethnic Malays 
held the most powerful senior leadership positions. Non-Malays filled 
10 of the 35 cabinet posts and 20 of 38 deputy minister positions. An 
ethnic Chinese leader of a component party of the ruling coalition was 
Chief Minister of Penang State.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    A number of domestic and international NGOs, including the Bar 
Council and other public interest groups, devoted considerable 
attention to human rights. The Government generally tolerated their 
activities but often did not respond to their inquiries or press 
statements. Under Prime Minister Abdullah, there generally was a more 
cooperative atmosphere toward human rights NGOs. The 16-member 
commission established to conduct a review of the police included an 
official of the opposition political party PAS, the president of the 
national chapter of Transparency International, the president of the 
Bar Council, and the executive secretary of Women's Aid Organization. 
In May, the Prime Minister met with representatives of 30 NGOs involved 
with human rights, social work, native rights, and environment and 
stated that he valued their role as ``watchdogs of society.'' Also in 
May, the Kuala Lumpur High Court released human rights activist Irene 
Fernandez' passport allowing her travel to an overseas conference 
(Fernandez had been convicted in 2003 on a charge of ``publishing false 
news.'') In June, the police joined with Fernandez' organization 
Tenaganita to establish a 24-hour hotline to assist foreign domestic 
workers who were abused or cheated by their employers.
    The Government generally did not encourage international human 
rights organizations to form domestic branches; however, it usually did 
not restrict access by representatives of those organizations. The 
Government did not allow AI to set up a branch as an NGO; however, AI 
incorporated itself as a business and was able to function much like an 
NGO.
    Suhakam has come to be seen by many analysts as a credible monitor 
of the human rights situation in the country and a check on police 
activities that previously lacked oversight. Suhakam is not empowered 
to inquire into allegations relating to ongoing court cases and must 
cease its inquiry if an allegation under investigation becomes the 
subject matter of a court case. In July, in its fourth annual human 
rights report, Suhakam criticized deaths in police custody and 
detentions without trial, repeated its opposition to government-imposed 
restrictions on freedom of assembly, reiterated concerns about the ISA, 
and highlighted the need to develop a national plan of action to 
counter trafficking in persons.
    During the year, Suhakam commissioners traveled throughout the 
country to educate community leaders, including police officials, on 
the purposes of the Commission and the importance of human rights. 
Commissioners also made several visits to prisons throughout the 
country to monitor conditions. In 2003, Suhakam released a report on 
the condition of ISA detainees. The report noted some human rights 
violations and outlined 18 recommendations aimed at improving 
conditions. Some observers credited Suhakam with the 2003 release of 
six opposition activists detained under the ISA.
    Analysts acknowledged Suhakam as one of the few institutions in 
society with any ability to challenge, however tentatively, executive 
control. In 2003, Suhakam itself noted that a major challenge that 
remained unresolved was the slow government response to their reports 
on major issues that touched on fundamental liberties. In 2003, the 
then-Deputy Prime Minister (now Prime Minister) praised Suhakam for 
playing a positive and constructive role in the national dialogue on 
human rights.
Section 5. Discrimination, Societal Abuse, and Trafficking in Persons
    The Constitution provides for equal protection under the law and 
prohibits discrimination against citizens based on religion, race, 
descent, or place of birth. In 2001, Parliament unanimously approved a 
constitutional amendment barring discrimination on the basis of sex; 
however, discrimination based on some of these factors persisted. For 
example, government policies gave preferences to ethnic Malays in 
housing, home ownership, the awarding of government contracts, 
educational scholarships, and other areas. Neither the Constitution nor 
other laws explicitly prohibited discrimination based on physical or 
mental disabilities, but the Government promoted greater public 
acceptance and integration of persons with disabilities.

    Women.--Violence against women remained a problem. Reports of rape 
and spousal abuse drew considerable government, NGO, and press 
attention. According to the local NGO Women's Aid Organization (WAO), 
there were over 2,500 cases of domestic violence reported during the 
year.
    The Domestic Violence Act addresses violence against women in the 
home; however, women's groups criticized the act as inadequate and 
called for amendments to strengthen it. In their view, the act fails to 
protect women in immediate danger by requiring separate reports of 
abuse to be filed with both the Welfare Department and the police, 
causing delay in the issuance of a restraining order against the 
perpetrator. Women's rights activists also highlighted the fact that, 
because the act is a part of the Penal Code, legal protection for 
victims is limited to cases in which visible evidence of physical 
injury is present, despite its interpretation to include sexual and 
psychological abuse. In June, WAO said that the lack of co operation 
among the police, the social welfare department, and the judiciary 
continued to be a problem.
    Although the Government, NGOs, and political parties established 
shelters and offered other assistance to battered spouses, activists 
asserted that support mechanisms for victims of domestic violence 
remained inadequate. The police established a Sexual Investigations 
Unit at each police headquarters as part of a nationwide effort to help 
victims of sexual crimes and abuse. Police responses and sensitivity to 
complaints of domestic violence improved, but women's rights activists 
claimed that the police needed additional training in handling domestic 
abuse as well as rape cases. In 2003, the Minister for Women, Family 
and Community Development urged the Government to place female officers 
at each police station to deal with victims who are often reluctant to 
lodge reports with male personnel. In 2003, the Prime Minister directed 
all district police stations to establish units specially trained to 
minimize the trauma faced by victims of sex crimes and domestic 
violence.
    Some Shari'a experts have urged Muslim women to become more aware 
of the provisions of Shari'a that prohibit spousal abuse and provide 
for divorce on grounds of physical cruelty. However, provisions in 
state Shari'a laws generally prohibit wives from disobeying the lawful 
orders of their husbands and present an obstacle to women pursuing 
claims against their husbands in Shari'a courts. Muslim women were able 
to file complaints in the civil courts.
    Spousal rape is not a crime. Theoretically a man who raped his wife 
could face charges of assault; however, reportedly no man has been 
convicted under such circumstances. In August, Suhakam and local NGOs 
called on the Government to amend the Penal Code to include spousal 
rape as an offense.
    Reports of rape were common in the press and among women's rights 
groups and NGOs. According to the press, 1,462 women were raped in the 
first 10 months of the year. Many government hospitals have set up 
crisis centers where victims of rape and domestic abuse could make 
reports without going to a police station. NGOs and political parties 
also cooperated in providing counseling for rape victims. However, 
cultural attitudes and a perceived lack of sympathy from the largely 
male police force resulted in many victims not reporting rapes. 
According to the Ministry of Women, Family and Community Development 
and a leading women's NGO, only 10 percent of rape cases were reported 
to the police. In 2003, the Penal Code was amended to increase the 
punishment for rape to include imprisonment for a term of from 5 to 30 
years, caning, and a fine. In May, a man was sentenced to caning and 45 
years in prison on three counts of rape. While some rapists received 
heavy punishments, including caning, women's groups noted that other 
rapists received inadequate punishments. In 2002, a police constable 
was acquitted of charges of raping two foreign women who were in police 
custody. The Sessions Court ruled that the acts had been consensual. 
Following sharp public criticism of the verdict, the Attorney General's 
office filed an appeal. In 2003, the High Court overturned the Sessions 
Court's decision and sentenced the policeman to 15 years in prison.
    In the past, some NGOs reported instances of female genital 
mutilation (FGM) in rural areas, but there have been no reports of such 
practices in recent years.
    Prostitution is illegal and was prosecuted. Statistics were 
available only for foreigners arrested on immigration charges with 
suspected involvement in prostitution. In 2003, the number of such 
persons arrested was 5,584 compared to 4,132 arrested in 2001. Police 
attributed the increase to more vigorous enforcement efforts.
    The country was a source and destination country for trafficking in 
women for purposes of prostitution (see Section 5, Trafficking).
    The Government's Code of Practice on the Prevention and Eradication 
of Sexual Harassment in the Workplace provides a detailed definition of 
sexual harassment and attempts to raise public awareness of the 
problem, but women's groups advocated passage of a law on sexual 
harassment in lieu of the voluntary code of conduct. The Malaysian 
Employers Federation opposed any attempt to legislate against sexual 
harassment in the workplace, arguing that government imposed policies 
would unduly restrict the management of labor relations. Since the 
Code's 1999 introduction, the number of reported incidents of sexual 
harassment has risen.
    In August, the Human Resources Ministry said that the Employment 
Act would be amended to include a provision requiring all companies to 
appoint an officer from among senior management to handle sexual 
harassment in the workplace.
    Polygyny is allowed and practiced to a limited degree. Islamic 
inheritance law varies by state, but it generally favors male offspring 
and relatives. However, one state, Negeri Sembilan, provides for 
matrilineal inheritance. The number of women obtaining divorces under 
the provisions of Shari'a that allow for divorce without the husband's 
consent, while small, was increasing steadily.
    Women's rights advocates asserted that women still face 
discriminatory treatment in Islamic courts due to prejudicial 
interpretation of Islamic family law and the lack of uniformity in the 
implementation of family laws among the various states. In 2002, the 
Sultan of Selangor, who is also the senior Islamic figure in the state, 
acknowledged the bias against women of Shari'a court judges.
    Non-Muslim women are subject to civil (secular) law. The 
Guardianship of Women and Infants Act gives mothers equal parental 
rights. Four states extend the provisions of the bill to Muslim 
mothers. Women's groups urged all states to do the same. In 2002, 
Parliament approved an amendment to the Group Settlement Act that gives 
wives a joint stake in land awarded to their husbands.
    The Government undertook a number of initiatives to promote 
equality for women and the full and equal participation of women in 
education and the work force. Women were represented in growing numbers 
in professional positions; however, in 2003 the Minister of Women, 
Family and Community Development noted that, while 46 percent of public 
sector staff were women, only 15 percent held key posts. The media 
reported in August that women made up 12 percent of the police force. 
In the scientific and medical fields, women made up more than half of 
all university graduates, and the total representation of women at 
universities increased from 29 percent in 1970 to over 50 percent of 
the student population in recent years. According to the national union 
of bank employees, 65 percent of members were women, but only one out 
of eight principal banking officials was a woman. In August, the Prime 
Minister announced that 30 percent of decision-making posts in 
Government would be allocated to women.

    Children.--The Government has demonstrated a commitment to 
children's rights and welfare and allocated approximately 25 percent of 
the national budget to education. The Government provides free 
education for children through 15 years of age. Although primary 
education is compulsory, there is no enforcement mechanism governing 
school attendance. Actual attendance at primary school is 96 percent, 
while secondary school attendance is 82 percent. A variety of programs 
provided low cost health care for most children.
    The Child Act incorporates the principles of the U.N. Convention on 
the Rights of the Child, prescribing severe punishments for child 
trafficking, abuse, molestation, neglect, and abandonment. It also 
mandates the formation of a Children's Court, which the Government 
stated would better protect the interests of children; however, the 
court has not yet been established. The act allows caning of male 
children between the ages of 10 and 18 years, who may receive a maximum 
of 10 strokes with a ``light cane.''
    The Government recognized that sexual exploitation of children and 
incest were problems. Incest in particular was a problem in rural 
areas. A 2002 amendment to the Penal Code provides for from 6 to 20 
years' imprisonment and caning for individuals convicted of incest. The 
Ministry for Women, Family and Community Development reported 306 cases 
of incest in 2002. In September, the local press reported that in a 
survey of 133 convicted sex predators, 23 percent of the victims of 
sexual offenses were daughters of the offender. However, under the 
Evidence Act, the testimony of children is accepted only if there is 
corroborating evidence. This poses special problems for molestation 
cases in which the child victim is the only witness. Some judges and 
others recommended that the Evidence Act be amended to accept the 
testimony of children and that courts implement special procedures to 
hear the testimony of children.
    Statutory rape occurred and was prosecuted. However, Islamic law 
provisions that consider a Muslim girl an adult after she has had her 
first menstruation sometimes complicated prosecution of statutory rape. 
Such a girl may be charged with ``khalwat'' or ``close proximity'' (the 
charge usually used to prosecute premarital or extramarital sexual 
relations), even if she is under the age of 18 and her partner is an 
adult. Thus Shari'a courts sometimes punished the victims of statutory 
rape. Moreover, Shari'a courts sometimes were more lenient with males 
who were charged with ``close proximity.'' However, in many cases 
Muslim men were charged and punished for statutory rape under secular 
law.
    Child prostitution existed, but child prostitutes often were 
treated as delinquents rather than victims. According to police 
statistics, in 2002, 97 girls under 18 were detained and sent to 
rehabilitation centers for involvement in immoral activities (see 
Section 5, Trafficking).
    Child labor occurred in certain areas of the country (see Section 
6.d.).
    Sabah state had a problem of street children. Estimated to number 
anywhere from a few score to a few hundred, they were born in the 
country to illegal immigrant parents who have since been deported. 
These children lacked citizenship and access to government provided 
support.

    Trafficking in Persons.--There is no law that specifically and 
comprehensively criminalizes trafficking in persons. However, the Child 
Act prohibits all forms of trafficking of children under 18, and the 
Penal Code comprehensively addresses trafficking for the purpose of 
prostitution. The Government also uses other laws, such as the 
Immigration Act, the Restricted Residence Act, and the ISA to prosecute 
traffickers.
    The country was a source, transit, and destination country for 
trafficking in women and girls for sexual exploitation. Women and girls 
from Thailand and the Philippines were trafficked through the country 
to destinations such as Australia, Canada, Japan, Korea, and the United 
States. Young women primarily from Indonesia, China, Thailand, and the 
Philippines were trafficked into the country for sexual exploitation. 
These women often worked as karaoke hostesses, ``guest relations 
officers,'' and masseuses. Some foreign women and girls employed as 
domestic servants were held in conditions that amounted to forced labor 
(see Section 6.e.).
    In 2003, the police arrested 5,584 foreign prostitutes. According 
to the police, members of the Bar Council, and Suhakam, many foreigners 
found to be involved in prostitution were possible victims. There were 
allegations of corruption among law enforcement personnel since some 
trafficking victims were known to pass through two or more ports of 
entry without travel documents. One NGO alleged that high level 
business and political officials were involved in trafficking. In 2003, 
the police eliminated a human smuggling syndicate including Malaysian 
Airlines and Malaysian airport officials.
    Some Malaysian women and girls were trafficked for sexual purposes, 
mostly to Singapore, Macau, Hong Kong, and Taiwan, but also to Japan, 
Australia, Canada, and the United States. According to police and 
Chinese community leaders, female citizens who were victims of 
trafficking were usually ethnic Chinese, although ethnic Malay and 
ethnic Indian women worked as prostitutes domestically. Police and NGOs 
believed that criminal syndicates were behind most of the trafficking.
    Trafficking victims were kept compliant through involuntary 
confinement, confiscation of travel documents, debt bondage, and 
physical abuse. During the year, there were a number of reports of 
foreign women escaping from apartments where they were held and forced 
to serve as unwilling prostitutes. According to news reports, these 
women said that they were lured to the country by promises of 
legitimate employment and were forced into prostitution upon their 
arrival in the country.
    In 2002, the Government amended the Penal Code to include extensive 
provisions prohibiting buying or selling any person, using deceitful 
means to bring anyone into or out of the country, and wrongfully 
restraining (defined to include using threats, withholding clothing, or 
holding a person's passport) any person with the intention that that 
person will be used for the purposes of prostitution. Punishment for 
these offenses includes a maximum 15-year prison term, caning, and a 
fine, to be determined at the discretion of the sentencing judge. In 
2003, police prosecuted 24 cases under a trafficking statute, charged 
and tried 10 persons and convicted 7. There were 145 trafficking 
victims involved in these prosecutions. Additionally, in 2003, 49 
suspected traffickers were arrested under the Prevention of Crime 
Ordinance, and 70 cases of suspected trafficking were prosecuted under 
the Immigration Act. In March, the police arrested two of the country's 
top criminals alleged to be involved in trafficking and sent them to 
detention camps for 2 years under the Prevention of Crime Ordinance.
    The Government assisted some underage prostitutes and rescued some 
trafficked women and girls during the year. In 2002, 97 underage 
prostitutes were sent to rehabilitation centers. The Malaysian Chinese 
Association (the largest ethnic Chinese political party in the ruling 
National Front coalition) reported that in 2003, it assisted 73 
trafficking victims in escaping from vice syndicates. However, police 
had no comprehensive policy to protect victims of trafficking. Police 
often arrested or deported possible trafficking victims for immigration 
offenses. The police and members of the Bar Council legal aid bureau 
advised that this was the fastest way to expedite victims' return to 
their home countries. Trafficking victims who exhibit signs of physical 
abuse may be sent to a women's shelter instead of being detained by the 
police; however, permission from the police to allow victims to reside 
in a shelter was sometimes difficult to obtain. In December, the 
Ministry of Women, Family and Community Development opened a shelter 
specifically intended for foreign women who were victims of 
trafficking.
    A number of NGOs with government support provided shelter for 
trafficking victims and assisted in repatriating them to their home 
countries. In April, Suhakam hosted a counter-trafficking forum 
attended by NGOs, police, immigration officials, prosecutors, and 
representatives from the diplomatic community. In October, a follow-up 
workshop, involving similar attendees as well as speakers from the 
International Organization for Migration, outlined a national plan of 
action to combat human trafficking and provide greater protection to 
victims.

    Persons With Disabilities.--The Government did not discriminate 
against persons with disabilities in employment, education, or in the 
provision of other state services. A public sector regulation reserves 
1 percent of all public sector job openings for persons with 
disabilities. In 2003, the Prime Minister ordered that all buildings be 
made disabled-friendly. However, few public facilities were adapted to 
the needs of persons with disabilities, and the Government has not 
mandated accessibility to transportation for persons with disabilities. 
New government buildings were generally outfitted with a full range of 
facilities for persons with disabilities. In August, the Human 
Resources Ministry announced a plan to create 3-4,000 jobs annually for 
the disabled. The budget for the 2005 fiscal year included additional 
tax benefits for persons with disabilities and their spouses.
    In 2001, the Government announced the Code of Practice for the 
Employment of Persons with Disabilities in the Private Sector as a 
guideline for all government agencies, employers, employee 
associations, employees, and others to place suitable persons with 
disabilities in private sector jobs. Suhakam has recommended 
legislation to address discriminatory practices and barriers facing 
persons with disabilities and has organized dialogues among persons 
with disabilities, government departments, and NGOs to promote 
awareness of the rights of persons with disabilities.
    Special education schools existed, but were not sufficient to meet 
the needs of the disabled population. The Government undertook many 
initiatives to promote public acceptance of persons with disabilities, 
to make public facilities more accessible to persons with disabilities, 
and to increase budgetary allotments for programs aimed at aiding them. 
Recognizing that public transportation was not disabled-friendly, the 
Government reduced the excise duty for persons with disabilities on 
locally made cars and motorcycles by 50 percent. The most recent 
statistics indicated that persons with disabilities made up 7 percent 
of the population.

    Indigenous People.--Indigenous people (the descendants of the 
original inhabitants of the peninsular region of the country and the 
Borneo states) generally enjoyed the same constitutional rights as the 
rest of the population. However, in practice, federal laws pertaining 
to indigenous people of the peninsular region, known as the Orang Asli, 
vest considerable authority in the Minister for Rural Development to 
protect, control, and otherwise decide issues concerning this group. As 
a result, indigenous people, particularly in peninsular Malaysia, had 
very little ability to participate in decisions that affected them.
    The ``Orang Asli,'' who numbered approximately 147,000, were the 
poorest group in the country. According to government statistics, over 
80 percent of the Orang Asli lived below the poverty level. In 2002, 
the Cabinet approved the formation of a national advisory council for 
the development of Orang Asli. However, only 5 out of 17 council 
members were Orang Asli. In 2003, the Government announced development 
projects for the Orang Asli totaling $26.3 million (100 million 
ringgit) for the 2004 fiscal year focused on improving the health, pre-
school education, infrastructure, and economic activities. Nonetheless, 
according to a local NGO, the percentage of Orang Asli living below the 
poverty line increased during the year.
    Under the Aboriginal People's Act, the Orang Asli who had been 
granted land on a group basis were permitted to live on reserves but 
did not possess land rights. Observers reported that, over the years, 
the total area of land reserved for Orang Asli had decreased, and some 
land previously set aside as Orang Asli reserve had been rezoned for 
development. In 2003, Suhakam called on the Government to resolve 
outstanding disputes involving native customary land of the Orang Asli.
    The uncertainty surrounding Orang Asli land ownership made them 
vulnerable to exploitation. Logging companies continued to encroach on 
land traditionally held by Orang Asli and indigenous groups in the 
Borneo states. In 2003, the press reported that the Orang Asli of the 
Air Banum Resettlement Scheme were prevented from fishing and gathering 
forest produce by government security forces. Also in 2003, Orang Asli 
in Pahang state were arrested for attempting to block logging trucks 
from entering their land. The press reported that they were later 
released on bail, and the logging project was cancelled. In 2002, the 
High Court ruled in favor of an Orang Asli group, the Temuans, as the 
rightful owners of land used for the construction of the Kuala Lumpur 
International Airport and ordered the Selangor state government to give 
compensation. The state government appealed the decision, and the case 
was still pending at year's end.
    Indigenous people in Sarawak continued to protest encroachment by 
state and private logging and plantation companies onto land that they 
consider to be theirs under native customary rights. In 2002, for 
example, a court refused an injunction to stop two timber companies 
from conducting logging activities in an area that approximately 200 
indigenous people in Miri, Sarawak, claimed was their ancestral land. 
The indigenous persons appealed the ruling, and a decision was still 
pending at year's end.
    Laws allowing condemnation and purchase of land do not require more 
than perfunctory notifications in newspapers to which indigenous people 
may have no access. In past years, this led to indigenous people being 
deprived of their traditional lands with little or no legal recourse.
    Suhakam reported that the Bakun Dam project in Sarawak encroached 
upon the native land of the Penans and that this encroachment caused 
the degradation of the forests around Penan villages and the pollution 
of their water supply. The Commission also noted that the development 
of oil palm plantations encroached on traditional lands.

    National/Racial/Ethnic Minorities.--The Government maintained 
extensive preferential programs designed to boost the economic position 
of the Malay majority, which remained poorer on average than the 
Chinese minority. Such preferential programs and policies limited 
opportunities for non Malays in higher education, government 
employment, business permits and licenses, and ownership of land. 
According to the Government, these programs were instrumental in 
ensuring ethnic harmony and political stability. Ethnic Indian 
citizens, who did not receive such privileges, remained among the 
country's poorest groups.

    Other Societal Abuses and Discrimination.--Although there are no 
laws that prohibit homosexuality per se, laws against sodomy and 
``carnal intercourse against the order of nature'' exist and are 
enforced. Religious and cultural taboos against homosexuality were 
widespread. The Government's response to HIV/AIDS was generally non-
discriminatory, although much of society continued to stigmatize AIDS 
sufferers.
Section 6. Worker Rights
    a. The Right of Association.--By law, most workers have the right 
to engage in trade union activity, but only 8.5 percent of the labor 
force was represented by the 609 trade unions. Those restricted from 
joining a union include workers categorized as ``confidential'' and 
``managerial and executive,'' as well as defense and police officials. 
With certain limitations, unions may organize workplaces, bargain 
collectively with employers, and associate with national federations. 
In theory, foreign workers can join a trade union; however, the 
Immigration Department placed conditions on foreign workers' permits 
that effectively barred them from joining a trade union (see Section 
6.e.).
    The Trade Unions Act prohibits interfering with, restraining, or 
coercing a worker in the exercise of the right to form trade unions or 
in participating in lawful trade union activities. However, contrary to 
International Labor Organization (ILO) guidelines, the act restricts a 
union to representing workers in a ``particular establishment, trade, 
occupation, or industry or within any similar trades, occupations, or 
industries.'' The Director General of Trade Unions may refuse to 
register a trade union and, in some circumstances, may also withdraw 
the registration of a trade union. When registration is refused, 
withdrawn, or canceled, a trade union is considered an unlawful 
association.
    Trade unions from different industries may join in national 
congresses, but the congresses must register as societies under the 
Societies Act (see Section 2.b.).
    Malaysian Trade Union Congress (MTUC) officials continued to 
express frustration about delays in the settlement of union recognition 
disputes. While the Industrial Relations Act requires that a union be 
recognized within 21 days of application, it was not uncommon for 
unions to go unrecognized for 1 to 4 years. During the year, there were 
101 applications for trade union recognition under the Industrial 
Relations Act. According to the Ministry of Human Resources, there were 
10 court challenges by private companies to decisions authorizing the 
formation of unions. In August, the press reported that the employees 
of Euromedical Industries finally managed to get their union recognized 
after 29 years of court appeals.
    Government policy inhibited the formation of national unions in the 
electronics sector, the country's largest industry. The Government 
believed that enterprise level unions were more appropriate for this 
sector. According to MTUC officials, 150,000 electronics workers were 
unable to organize and only 8 in house unions were formed in the 
electronics industry. Collective bargaining agreements are limited in 
those companies designated as having ``pioneer status.'' According to 
the ILO, the Government has promised to repeal this statute since 1994.
    Unions maintained independence both from the Government and 
political parties, although individual union members may belong to 
political parties. Although union officers by law may not hold 
principal offices in political parties, individual trade union leaders 
have served in Parliament. Trade unions were free to associate with 
national labor congresses, which exercised many of the responsibilities 
of national labor unions, although they cannot bargain for local 
unions.
    There are two national labor organizations. The MTUC is a society 
of trade unions, in both the private and government sectors, registered 
under the Societies Act. As such, the MTUC does not have collective 
bargaining or industrial action rights, but provides technical support 
for affiliated members. Government sector unions had opportunities to 
affiliate with the Congress of Unions of Employees in the Public and 
Civil Service, a federation of trade unions registered under the Trade 
Unions Act. Trade unions were also permitted to affiliate with 
international trade union organizations, such as global union 
federations and the International Confederation of Free Trade Unions, 
subject to the approval of the Director General of Trade Unions. 
Although the law grants public servants the right to organize at the 
level of ministries and departments, the Government did not respond to 
ILO requests for specific information on the numbers and categories of 
civil servant employees covered or details regarding the collective 
bargaining agreements reached. There were three national joint councils 
representing management and professional civil servants, technical 
employees, and non technical workers.

    b. The Right to Organize and Bargain Collectively.--Workers have 
the legal right to organize and bargain collectively, and collective 
bargaining was widespread in those sectors where labor was organized. 
Charges of discrimination may be filed with the Ministry of Human 
Resources or the Industrial Court. Critics alleged that the Industrial 
Court was slow in adjudicating worker complaints when conciliation 
efforts by the Ministry of Human Resources failed. However, others 
pointed out that the Industrial Court almost always sided with the 
workers in disputes. In the past, employers reportedly often ignored 
Industrial Court judgments with impunity. In 2002, the number of 
Industrial Court chairpersons was increased from 14 to 21 to address 
the problem of backlogged cases.
    The Government holds that issues of transfer, dismissal, and 
reinstatement are internal management prerogatives; therefore, they are 
excluded from collective bargaining, which is not in accordance with 
ILO standards. The Minister of Human Resources can suspend for up to 6 
months any trade union deemed to be used for purposes prejudicial to or 
incompatible with security or public order.
    Although strikes are legal, the right to strike is severely 
restricted. The law contains a list of ``essential services'' in which 
unions must give advance notice of any industrial action. The list 
includes sectors not normally deemed essential under ILO definitions. 
The Government stated these essential services were considered crucial 
to the economy and the public interest. The MTUC officials said that 
requirements imposed by the authorities were so stringent that it was 
almost impossible to strike. According to the Ministry of Human 
Resources statistics, there were 2 strikes and lockouts involving 57 
workers in 2003. Employees in the public sector do not have the right 
to collective bargaining.
    The Industrial Relations Act requires the parties to notify the 
Ministry of Human Resources that a dispute exists before any industrial 
action may be taken. The Ministry's Industrial Relations Department 
then may become involved actively in conciliation efforts. If 
conciliation fails to achieve settlement, the Minister has the power to 
refer the dispute to the Industrial Court. Strikes or lockouts are 
prohibited while the dispute is before the Industrial Court. The act 
prohibits employers from taking retribution against a worker for 
participating in the lawful activities of a trade union. When a strike 
is legal, these provisions prohibit employer retribution against 
strikers and leaders. However, some trade unions questioned the 
effectiveness of the provisions.
    Companies in free trade zones (FTZs) must observe labor standards 
identical to those in the rest of the country. Many workers in FTZ 
companies were organized, especially in the textile and electrical 
products sectors. The ILO continues to object to legal restrictions on 
collective bargaining in pioneer industries.

    c. Prohibition of Forced or Compulsory Labor.--The Constitution 
prohibits forced or compulsory labor, and the Government generally 
enforced this prohibition. Certain laws allow the use of imprisonment 
with compulsory labor as punishment for persons who express views 
opposed to the established order or who participate in strikes. 
However, these laws were not applied and appear to be constitutionally 
prohibited.
    Some of the estimated 260,000 foreign women employed as household 
workers have been subjected to physical abuse and forced to work under 
harsh conditions.
    The Government prohibits forced and compulsory labor by children, 
and there were no reports that such practices occurred in the formal 
sector (some child domestics were working in conditions amounting to 
forced labor).

    d. Prohibition of Child Labor and Minimum Age for Employment.--The 
Children and Young Persons (Employment) Act prohibits the employment of 
children younger than the age of 14. The act permits some exceptions, 
such as light work in a family enterprise, work in public 
entertainment, work performed for the Government in a school or in 
training institutions, or work as an approved apprentice. In no case 
may children work more than 6 hours per day, more than 6 days per week, 
or at night.
    Child labor occurred in certain areas of the country. There was no 
reliable estimate of the number of child workers. Most child laborers 
worked informally in the agricultural sector, helping their parents in 
the field. However, only adult members of the family received a wage. 
In urban areas, child labor could be found in family food businesses, 
night markets, and small-scale industries. Government officials did not 
deny the existence of child labor in family businesses but maintained 
that foreign workers have largely replaced child labor and that the 
Government vigorously enforced child labor provisions. In practice, 
mechanisms for monitoring workplace conditions were inadequate, and the 
resolution of most abuse cases were often left to private, for profit 
labor agencies that were themselves often guilty of abuses. Bilateral 
labor agreements between Indonesia and Malaysia do not provide adequate 
protections for domestic workers.

    e. Acceptable Conditions of Work.--There was no minimum wage, as 
the Government preferred to allow market forces to determine wages. 
Prevailing market wages generally provided a decent living. Wage 
Councils, which were established by the Wage Council Act of 1947 to 
provide a recommended minimum wage in those sectors in which the market 
wage was determined insufficient, had little impact on wages in any 
sector. According to MTUC officials, the Wage Councils had not met for 
more than 13 years, and their recommended wages have long been 
obsolete.
    Plantation workers generally received production-related payments 
or daily wages. In 2003, the National Union of Plantation Workers 
(NUPW) and the Malaysian Agriculture Producers Association agreed on a 
monthly minimum wage for palm oil plantation workers of $92 (350 
ringgit) per month. Proponents of the agreement said that productivity 
incentives and bonuses raised the prevailing wage to nearly $184 (700 
ringgit). In 2003, rubber plantation workers were provided with a 
similar minimum guarantee.
    Under the Employment Act, working hours may not exceed 8 hours per 
day or 48 hours per workweek of 6 days. Each workweek must include a 
24-hour rest period. The act also sets overtime rates and mandates 
public holidays, annual leave, sick leave, and maternity allowances. 
The Labor Department of the Ministry of Human Resources is responsible 
for enforcing these standards, but a shortage of inspectors precluded 
strict enforcement.
    Significant numbers of contract workers, including numerous illegal 
immigrants, worked on plantations and in other sectors. According to 
statistics from the NUPW, foreign workers made up 50 percent of the 
plantation work force; however, the true number may have been higher 
since illegal immigrants were not counted. Working conditions for these 
laborers compared poorly with those of direct-hire plantation workers, 
many of whom belonged to the NUPW.
    Work related accidents were especially high in the plantation 
sector. According to the Human Resources Ministry, 14 percent of all 
reported industrial accidents during the year occurred on plantations.
    Foreign workers in the construction and other sectors, particularly 
if they were illegal aliens, generally did not have access to the 
system of labor adjudication. In 2002, government investigations into 
this problem resulted in a number of steps to eliminate the abuse of 
contract labor. For example, in addition to expanding programs to 
regularize the status of immigrant workers during the year, the 
Government investigated complaints of abuses, attempted to inform 
workers of their rights, encouraged workers to come forward with their 
complaints, and warned employers to end abuses. Like other employers, 
labor contractors may be prosecuted for violating the labor laws.
    The Workmen's Compensation Act covers both local and foreign 
workers, but provides no protection for foreign domestic workers. 
According to the Government, foreign domestic workers are protected 
under the Employment Act, particularly as regards wages and contract 
termination. However, employers sometimes failed to honor the terms of 
employment and abused their domestic servants. The terms of the 
contract for Indonesian domestic workers are vague and open to abuse. 
The contract provides for a monthly salary of $100 (380 ringgit), but 
does not specify the number of working hours per day. HRW and local 
NGOs reported that many Indonesian domestic workers were required to 
work 14-18 hours a day, seven days a week. The contract for Filipina 
domestic workers included more comprehensive protections. During the 
year, the Government was negotiating a new memorandum of understanding 
with Indonesia to provide better protections for domestic workers, but 
as of year's end it had not been signed. Some workers alleged that 
their employers subjected them to inhuman living conditions, withheld 
their salaries, and physically assaulted them. In May, the local and 
international press reported the case of an Indonesian domestic worker 
who was beaten and abused by her employer. The employer was arrested 
and charged on four counts of causing grievous hurt, which carry a 
maximum sentence of 67 years. In August, HRW reported that such cases 
were common and that the Government failed to protect Indonesian 
household workers. However, local NGOs advised that workers have the 
right to take legal action against abusive employers. According to 
NGOs, the courts generally have sided with employees and ruled that 
employers must pay all back salary and compensate plaintiffs for 
injuries.
    Legal and illegal foreign workers from Indonesia, the Philippines, 
Burma, Thailand, India, Bangladesh, Nepal, Vietnam, and other countries 
constituted approximately 20 percent of the work force. Illegal foreign 
workers have no legal protection under the labor laws and have no legal 
recourse in cases of abuse.
    The Occupational Safety and Health Act (OSHA) covers all sectors of 
the economy except the maritime sector and the military. The act 
established a national Occupational Safety and Health Council, composed 
of workers, employers, and government representatives, to set policy 
and coordinate occupational safety and health measures. It requires 
employers to identify risks and take precautions, including providing 
safety training to workers, and compels companies that have more than 
40 workers to establish joint management-employee safety committees. 
The act requires workers to use safety equipment and to cooperate with 
employers to create a safe, healthy workplace. Employers or employees 
that violate the OSHA are subject to substantial fines or imprisonment 
for up to 5 years. There are no specific statutory or regulatory 
provisions that provide a right for workers to remove themselves from 
dangerous workplace conditions without arbitrary dismissal.

                               __________

                            MARSHALL ISLANDS

    The Republic of the Marshall Islands is a self-governing nation 
under the Compact of Free Association with the United States. The 
Constitution provides for executive, legislative, and judicial 
branches. The legislature consists of a 33 member Parliament (Nitijela) 
and a Council of Chiefs (Iroij), which serves a largely consultative 
function dealing with custom and traditional practice. In November 
2003, the Nitijela was elected in free and fair elections. The 
President is elected by majority Nitijela vote and appoints his Cabinet 
from its membership. In January, the Nitijela elected President Kessai 
Note to a second 4 year term. The judiciary is independent.
    The national police under the Ministry of Justice and local police 
forces are responsible for internal security. Under the Compact of Free 
Association, the United States is responsible for the country's 
external defense. The civilian authorities maintained effective control 
of the security forces. There were no reports that security forces 
committed human rights abuses.
    The mixed economy is heavily dependent on transfer payments from 
the United States under the Compact. Such payments constituted 
approximately 70 percent of the country's estimated $100 million gross 
national product. According to 2002 data, the population of 
approximately 56,600 was of Micronesian origin and concentrated 
primarily on the Majuro and Kwajalein Atolls. Coconut oil, copra, and 
tuna exports, tourism, import and income taxes, an open ship registry, 
a tuna loining plant, ship chandlering, and fishing licensing fees 
generated limited revenues. However, in September, the loining plant, a 
major employer, closed due to financial problems. Economic growth in 
2002, the latest figure available, was approximately 4 percent, but 
annual labor force growth of approximately 7 percent combined with 
government austerity measures resulted in a decline in real wages over 
the past several years. The U.S. dollar is the national currency.
    The Government generally respected the human rights of its 
citizens, and the law and the judiciary provide effective means of 
dealing with individual instances of abuse; however, there were 
problems in a few areas. Prison conditions did not meet international 
standards. Violence against women and child abuse 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.

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

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The Constitution forbids such practices, and there were no 
reports that government officials employed them.
    Prison conditions did not meet international standards. Most 
prisoners were held in a single large, inadequately lighted dormitory 
with inadequate nighttime supervision. There was no program to ensure 
regular access to daily outside activity. Some male juveniles were held 
together with adults; as juvenile crimes increased in number and 
seriousness over the past several years, the courts began to try more 
male juveniles as adults and to order them held with the general prison 
population. Pretrial detainees were not separated from the general 
prison population. Female prisoners, including juveniles, were held 
under house arrest.
    The Government permitted prison visits by independent human rights 
observers.

    d. Arbitrary Arrest or Detention.--The Constitution prohibits 
arbitrary arrest and detention, and the Government generally observed 
these prohibitions.
    There is a national police force and local police forces. Police 
officers do not carry firearms, and police generally used the minimum 
force necessary to detain a suspect. There were no reports of 
significant police corruption.
    Warrants are required for arrests and are issued by the courts. 
Detainees may request bond immediately upon arrest for minor offenses; 
most serious offenses require the detainee to remain in jail until a 
hearing can be arranged, normally the morning after arrest.
    Families had access to detainees, and detainees have the right to 
lawyers of their choice. There is a functioning system of bail, and the 
State provides a lawyer if the defendant is indigent.

    e. Denial of Fair Public Trial.--The Constitution provides for an 
independent judiciary, and the Government generally respected this 
provision in practice.
    The judiciary consists of a Supreme Court with appellate 
jurisdiction, a High Court with general jurisdiction in civil and 
criminal matters and appellate jurisdiction over subordinate courts at 
the district and community levels, and a Traditional Rights Court with 
jurisdiction in cases involving matters of customary law and 
traditional practice. The Cabinet appoints judges. Few citizens were 
trained in the law, and the judicial system relied heavily on 
noncitizen public prosecutors and defense attorneys. Most lower court 
judges were citizens; the higher courts relied on noncitizen judges, in 
part to prevent conflicts of interest in the small, highly interrelated 
society. The Chief Justice of the High Court is a foreign national 
appointed for a 10-year term. The incumbent succeeded a foreign 
national judge suspended in 2002 after he was charged with 
misappropriating government travel funds. At year's end, the case 
against the suspended judge was in abeyance because of his refusal, on 
the basis of a medical condition, to return to the country.
    During the year, the High Court Chief Justice worked, with foreign 
assistance, to develop a judicial training program and improvements in 
trial procedures.
    The Constitution provides for the right to a fair trial, and an 
independent judiciary generally enforced this right.
    There were no reports of political prisoners.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The Constitution prohibits such actions, and the 
Government generally respected these prohibitions in practice.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The Constitution provides for 
freedom of speech and of the press, and the Government generally 
respected these rights in practice 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 independent media were active and expressed a wide variety of 
views without restriction. However, the Government refused permission 
for the nongovernmental organization (NGO) Women United Together in the 
Marshall Islands (WUTMI) to broadcast its outreach programs on the 
government-owned radio station.
    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.

    c. Freedom of Religion.--The Constitution provides for freedom of 
religion, and the Government generally respected this right in 
practice.
    For more detailed information, see the 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 and law do not prohibit forced exile; however, the 
Government did not employ this practice.
    Although not a signatory, the Government adheres to the 1951 U.N. 
Convention Relating to the Status of Refugees and its 1967 Protocol, 
and it cooperated with the U.N. High Commissioner for Refugees in 
assisting refugees and asylum seekers. The Government has not 
established a system for providing protection to refugees; however, it 
has granted asylum in the past.
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. Executive power is centralized in the President and 
his Cabinet. Citizens 18 years of age and older elect the Nitijela and 
mayors by secret ballot every 4 years. Elections for the 33-member 
Nitijela were held in November 2003; President Kessai Note's United 
Democratic Party won a majority of the seats. There were no serious 
allegations of electoral fraud. However, the complex electoral system, 
which grants voters the option of voting where they have land rights 
instead of where they reside, requires almost every polling place to 
provide for voters from many other districts. A significant number of 
absentee ballots also were cast in the 2003 elections. As a result, 
several close elections generated formal complaints against election 
officials for alleged mishandling of ballots and other problems, 
including some allegations of favoritism. The courts upheld the 
decisions of the electoral commission in all of the cases, except for 
one that was still pending at year's end. Complainants protested the 
courts' reluctance to overturn the commission; the Attorney General's 
office noted that disinterested, foreign-national judges heard several 
of the appeals.
    There are no restrictions on the formation of political parties, 
although many candidates prefer to run independently or loosely aligned 
with informal coalitions. Political activity by foreigners is 
prohibited.
    According to the general audit report of 2003, performed by an 
independent accounting firm, government corruption was a problem, 
including instances of misuse of public funds and irregularities in the 
collection of certain taxes. The Attorney General's office is 
responsible for investigating cases of alleged corruption, but only a 
few cases have been prosecuted. In 2003, the Auditor General and the 
Finance Minister were replaced and the Finance Ministry reorganized in 
an effort to increase accountability.
    There is no legislation that provides for public access to 
government information, and the Government routinely denied such 
access. Although there is no specific statutory basis for denying such 
information, the Government has taken the position that the burden for 
overcoming a denial of access rests with the public, and a court filing 
showing the reason the information is required is often necessary.
    There are no legal impediments to women's participation in 
government and politics; however, traditional attitudes of male 
dominance, women's cultural responsibilities, traditionally passive 
roles, and the generally early age of pregnancies made it difficult for 
women to obtain political qualifications or experience. There was 1 
woman in the Nitijela and 8 women in the 12-seat House of Iroij. There 
were no female judges. Society is matrilineal, and traditional 
leadership and land ownership powers generally are derived from one's 
mother's lineage. The traditional authority exercised by women has 
declined with growing urbanization and movement of the population away 
from traditional lands; nonetheless, many observers believed women 
continued to be a significant social force.
    There were several hundred non-ethnic Marshallese who were 
citizens. Only one, appointed as ambassador to his country of origin, 
was a member of the national government.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    Human rights groups generally operated without government 
restriction, but few local groups have been formed. The Government was 
not always responsive to NGOs' concerns. The women's NGO WUTMI worked 
on women's, children's, and family issues and played a significant role 
in social issues.
    No international human rights organization expressed interest or 
concern regarding the country or visited the country.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The Constitution prohibits discrimination on the basis of sex, 
race, color, language, religion, political or other opinion, national 
or social origin, place of birth, family status or descent, and the 
Government observed these provisions.

    Women.--Spousal abuse was common. Domestic violence was not 
condoned, and most assaults occurred while the assailant was under the 
influence of alcohol. The Government's health office provided 
counseling for reported spousal and child abuse cases, but many cases 
apparently went unreported. Rape and assault are criminal offenses, but 
women involved in domestic violence were reluctant to prosecute spouses 
in the court system. Women's groups under the WUTMI umbrella continued 
to publicize women's issues and promote a greater awareness of women's 
rights. According to a 2003 WUTMI survey, more than 80 percent of 
Marshallese women had been affected by spousal abuse. Violence against 
women outside the family occurred, and women in urban centers risked 
assault if they went out alone after dark.
    There is no legal age of consent. The law criminalizes only 
``forced'' rape and does not specifically cite sexual assault, domestic 
violence, or sexual abuse.
    In September, a judge convicted a foreigner of assaulting his 
girlfriend in public, including kicking her as she was lying on the 
ground and threatening to kill her, and sentenced him to a year in 
prison. However, citing mitigating factors, the judge suspended the 
sentence and substituted 2 days in jail, a $100 fine, 200 hours of 
community service, and 3 years' probation.
    In 2003, the Nitijela made prostitution illegal, and in June, a 
Chinese prostitute was prosecuted successfully under the new law. 
However, prostitution continued, especially on the Majuro and Kwajalein 
Atolls. Organized prostitution was run primarily by foreigners and 
catered mainly to the crews of foreign fishing vessels. There were no 
specific reports of violence against prostitutes, although the 
Government assumed that it existed.
    There is no law against sex tourism, but none has been reported.
    Sexual harassment is not prohibited by law and was not considered a 
widespread or serious problem.
    The inheritance of property and of traditional rank is matrilineal, 
with women occupying positions of importance in the traditional system. 
No instances of unequal pay for equal work or of sex-related job 
discrimination were reported. Many educated women held prominent 
positions, particularly in government. However, while female workers 
were very prevalent in the private sector, many were in low-paying jobs 
with little prospect for advancement.

    Children.--The Government showed commitment to children's welfare 
through its programs of health care and free education, but these have 
not been adequate to meet the needs of the country's sharply increasing 
population.
    Education is free, compulsory, and universal. In August, despite 
government shortcomings in enforcing the existing compulsory education 
law, the Nitijela passed a law that expanded compulsory education from 
6- to 14-year-olds to 4- to 18-year-olds. The plan was to enroll 5-
year-olds in kindergarten as a first step; however, the Government 
lacked the resources to implement the increased mandate. There was no 
difference between the attendance rates of boys and girls.
    It was estimated that up to 20 percent of elementary school-age 
children did not attend school on a regular basis. In many cases, this 
was because they lived too far away from a school or their families 
could not afford the monthly registration fee (which varied by school 
but averaged approximately $10) or incidental expenses. Admission to 
high school is by competitive examination; not all children qualified 
to attend. The Government's enrollment report indicated that only two-
thirds of those completing eighth grade attended high school. 
Approximately 50 percent--or one-third of those who started elementary 
school--eventually graduated.
    There were five public high schools in the country: Two in Majuro 
and one each on Jaluit, Kwajalein, and Wotje.
    The Government provided subsidized essential medical services for 
all citizens, including children.
    Child abuse and neglect are criminal offenses; however, public 
awareness of children's rights remained low. The law requires teachers, 
caregivers, and other persons to report instances of child abuse and 
exempts them from civil or criminal liability as a consequence of 
making such a report. However, there were few reports and few 
prosecutions. Child abuse and neglect were considered to be on the 
increase. During the year, three prosecutions begun in 2003 for sexual 
assaults against minors resulted in convictions. In June, a man was 
convicted of rape, kidnapping, and assault and battery in the assault 
of a 4 year old child, and was sentenced to 15 years' imprisonment. In 
September, a 15 year old youth was acquitted of rape, but convicted of 
kidnapping and assault and battery and sentenced to 10 years' 
imprisonment in the assault of a 5 year old child. In November, a 15 
year old youth was convicted of rape, kidnapping, and assault and 
battery in the assault of a 9 year old child; he received a 10 year 
prison term.

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

    Persons With Disabilities.--There was no apparent discrimination 
against persons with disabilities in employment, education, access to 
health care, or the provision of other state services; however, there 
were no building codes and no legislation mandating access for persons 
with disabilities.
    There were approximately 50 persons who could be medically defined 
as psychotic. When these individuals demonstrated dangerous behavior, 
they were imprisoned with the general prison population and visited by 
a doctor. On occasions when prison officials protested disruptions 
caused by this practice, other arrangements, such as house arrest, were 
made.
    There were no reports of discrimination against persons with mental 
disabilities.
Section 6. Worker Rights
    a. The Right of Association.--The Constitution provides for the 
right of free association in general, and the Government interpreted 
this right as allowing the existence of labor unions, although none 
have been formed to date. With few major employers, there were few 
opportunities for workers to unionize, and the country has no history 
or culture of organized labor.

    b. The Right to Organize and Bargain Collectively.--There is no 
legislation concerning collective bargaining or trade union 
organization. However, there were no legal impediments to the 
organization of trade unions or to collective bargaining. Wages in the 
cash economy were determined by market factors in accordance with the 
minimum wage and other laws.
    The Constitution does not provide for the right to strike, and the 
Government has not addressed this issue.
    There are no export processing zones.

    c. Prohibition of Forced or Compulsory Labor.--The Constitution 
prohibits involuntary servitude, and there were no reports of its 
practice among citizens. Officials suspected that some forced or 
compulsory labor existed among the illegal alien population; however, 
they were unable to uncover specific cases during the year.
    The law does not specifically prohibit forced and compulsory labor 
by children; however, there were no reports that such practices 
occurred.

    d. Prohibition of Child Labor and Minimum Age for Employment.--
Children typically were not employed in the wage economy, but some 
assisted their families in fishing, agriculture, and other small-scale 
domestic enterprises. There is no law or regulation setting a minimum 
age for employment of children.

    e. Acceptable Conditions of Work.--The law establishes a minimum 
wage of $2.00 per hour for both government and private sector 
employees. In 1999, the government approved a lower minimum wage of 
$1.50 per hour for employees at the country's tuna loining plant to 
encourage investment in the plant. That minimum wage remained in effect 
for plant employees during the year. The national minimum wage did not 
provide a decent standard of living for a worker and family. However, 
in the subsistence economy, extended families were expected to help 
less fortunate members, and there were often several wage earners to 
support each family. The Ministry of Resources and Development 
adequately enforced the minimum wage regulations. Foreign employees and 
Marshallese trainees of private employers who had invested in or 
established a business in the country were exempt from minimum wage 
requirements. This exemption did not affect a significant segment of 
the workforce.
    There is no legislation concerning maximum hours of work or 
occupational safety and health. On Sunday, most businesses were closed, 
and persons generally refrained from working.
    A government labor office makes recommendations to the Nitijela on 
working conditions, such as the minimum wage, legal working hours and 
overtime payments, and occupational health and safety standards in 
accordance with International Labor Organization conventions. The 
office periodically convenes board meetings that are open to the 
public. No legislation specifically gives workers the right to remove 
themselves from situations that endanger their health or safety without 
jeopardy to their continued employment, and no legislation protects 
workers who file complaints about such conditions.
    The law protects foreign workers in the same manner as citizens.

                               __________

                     FEDERATED STATES OF MICRONESIA

    The Federated States of Micronesia is composed of four states: 
Chuuk, Kosrae, Pohnpei, and Yap. Political legitimacy rests on the 
popular will expressed by a majority vote through elections in 
accordance with the Constitution. There are three branches of 
government: An executive branch led by a president who also serves as 
head of state; a unicameral legislature, elected from the four 
constituent states, that elects the President from among its members; 
and a judiciary that applies laws and procedures that closely parallel 
those of the United States. Elections for Congress were held in March 
2003; they generally were considered to be free and fair, and resulted 
in a major change in the government. The incumbent President and 
Speaker of Congress both were defeated. Senator Joseph J. Urusemal was 
chosen as President in May 2003. Individual states enjoy significant 
autonomy and have their own constitutions and governmental systems. 
Traditional leaders retain considerable influence in some states. The 
judiciary is independent.
    The country has no security forces apart from national police and 
state public safety officers. Under the Compact of Free Association, 
the United States is responsible for the country's external defense. 
The civilian authorities maintained effective control over the security 
forces. There were a few reports of human rights abuses by the police.
    The economy is market based but dominated by the large governmental 
sector. The population was approximately 107,000 according to the 2000 
census, mostly of Micronesian origin. The economy depended heavily on 
financial assistance from the United States. Fishing, tourism, and 
subsistence agriculture, the major investment sectors, totaled only 5 
percent of economic activity. Estimated real economic growth was 3.3 
percent during the year; however, real wages declined an estimated 2.4 
percent. The U.S. dollar is the national currency.
    The Government generally respected the human rights of its 
citizens, and the law and judiciary provide effective means of dealing 
with individual instances of abuse; however, there were problems in 
some areas. Traditional customs distinguish among persons on the basis 
of social status and sex. There was continued evidence of spousal abuse 
and child neglect, and government efforts to address such problems were 
constrained by traditional society.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Arbitrary or Unlawful Deprivation of Life.--There were no 
reports of the arbitrary or unlawful deprivation of life committed by 
the Government or its agents.

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

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The law prohibits such practices, and there were no 
reports that government officials employed torture; however, there were 
occasional reports of physical abuse by police.
    Prison conditions generally met international standards; however, 
during the year, Pohnpei and Chuuk States' underfunded Corrections 
Divisions failed to provide nutritionally adequate meals to prisoners. 
During the year, a former inmate in the Chuuk State jail died shortly 
after his release, allegedly as a result of injuries received when he 
was beaten by another inmate while in custody.
    Each of the four state jails includes a separate cell for female 
prisoners. Since women rarely were detained, these cells typically were 
used to separate disruptive male prisoners from the general prison 
population. There were no designated juvenile detention facilities; 
however, juvenile crime was rare, and the states typically have decided 
against incarceration of juveniles. Pretrial detainees usually were 
housed together with convicted prisoners. All four states used jail 
cells to house persons with mental illnesses but no criminal background 
(see Section 5).
    The question of prison visits by human rights observers did not 
arise during the year.

    d. Arbitrary Arrest or Detention.--The law prohibits arbitrary 
arrest and detention, and the Government generally observed these 
prohibitions.
    Each state has a Department of Public Safety composed of police, 
corrections, fire, and emergency response functions. The directors of 
public safety are state cabinet-level positions. The Government has a 
small national police force reporting to the Department of Justice. 
Some municipalities also have small police forces. In Chuuk State, 
political considerations influenced police hiring, leading to an 
oversized and underqualified force. There were reports of police 
favoritism toward relatives and occasional reports of physical abuse by 
the police. Many citizens preferred to rely on customary and 
traditional remedies to resolve criminal and civil matters.
    Laws governing arrests, warrants, access to counsel, and bail are 
patterned on U.S. law. All defendants have the right to counsel; 
however, the Public Defender's Office was underfunded, and not all 
defendants received adequate legal assistance in practice. Bail usually 
was set at low levels except in cases involving flight risk.
    In 2002, when national government officials attempted to serve a 
search warrant on the mayor of Udot in Chuuk State, they were disarmed 
and briefly detained by a crowd of the mayor's supporters, including 
local police. The mayor and the director of public safety were charged, 
respectively, with abuse of power and obstruction of justice; the case 
still was pending at year's end.

    e. Denial of Fair Public Trial.--The Constitution provides for an 
independent judiciary, and the Government generally respected this 
provision in practice. The President, with the advice and consent of 
the legislature, appoints the three justices of the Supreme Court. Each 
state also has a supreme court, and some municipalities have community 
courts. Some states have additional courts to deal with land disputes. 
The formal legal system coexists with traditional, mediation-based 
mechanisms for resolving disputes and dealing with offenders at the 
local level.
    The Constitution provides for the right to a fair trial, and an 
independent judiciary generally enforced this right. Trials are public, 
although juveniles may have closed hearings. Despite these provisions, 
cultural resistance to litigation and incarceration as methods of 
maintaining public order allowed some persons to act with impunity. 
Serious cases of sexual and other assault and even murder have not gone 
to trial, and suspects routinely were released indefinitely. Bail, even 
for major crimes, usually was set at low levels.
    In August, the then-Speaker of Congress, Jack Fritz, was convicted 
on charges of misuse of public funds (see Section 3). The conviction of 
Fritz and his confederates was widely viewed as a victory for an 
independent judiciary.
    Delays in some judicial appointments and underfunding of the court 
system hampered the judiciary's ability to function efficiently. 
Shortages or unavailability of court personnel and services 
occasionally hampered the right to a speedy trial. One appeal of a 
felony conviction in Pohnpei, pending since 2000, ended with the 
defendant's release in August and his return to the United States.
    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.
    The national Government and the four states maintained public 
information offices. There was a biweekly national newspaper, the 
Kaselehlie Press. Yap also had a privately published weekly newspaper, 
the Yap Networker. On Kosrae, the first edition of a new newspaper, the 
Sinlaku Sun Times, appeared in September. Newspapers have published 
politically sensitive stories.
    Each of the four state governments controlled a radio station that 
broadcast primarily in the local language. Credible sources reported 
that the Chuuk State government censored politically sensitive domestic 
news for its public radio station. The station was off the air from 
late 2003 to October due to technical problems. Religious groups 
operated private radio stations. The populations of Pohnpei, Chuuk, and 
Kosrae increasingly had access to live satellite broadcast information 
from around the world and tape delayed broadcasts of programming by the 
major U.S. networks.
    The Internet played an important role in allowing citizens in the 
four states, as well as those residing outside the country, an 
opportunity to share views and opinions. The Government did not 
restrict 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.
    During political campaigns, citizens often questioned candidates at 
public meetings and social gatherings. Formal associations were not 
common, but nongovernmental organizations increased in number, 
including organizations for students and women.

    c. Freedom of Religion.--The Constitution provides for freedom of 
religion, and the Government generally respected this right in 
practice.
    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. It does not address foreign travel, 
emigration, and repatriation, but in practice none of these were 
restricted.
    The Constitution and law do not explicitly prohibit forced exile; 
however, statutes that prescribe punishments for crimes do not provide 
for the imposition of exile, and the Government did not employ it.
    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, 
there were no reports of the forced return of persons to a country 
where they feared persecution. The status of three Vietnamese who 
arrived in Yap by boat in 1998 and were granted temporary entry permits 
remained unresolved 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.
    The 14-member Congress is elected by popular vote from each state; 
the Congress then chooses the President and Vice President from among 
its 4 at large senators by majority vote. Elections for Congress were 
held in March 2003. In May 2003, the President and Vice President were 
selected, and the two at large seats they vacated were filled in a July 
2003 by election. In November, an election was held to replace Chuuk 
Senator Jack Fritz, who resigned his seat following his conviction for 
misuse of government funds.
    The election cycle resulted in a new President and Speaker and a 
substantial turnover in Congress. The elections were generally free and 
fair; however, the national Attorney General filed charges against one 
election worker in Chuuk State who had withheld a ballot from a voter 
in the March election. The case remained pending at year's end.
    State governors, state legislators, and municipal governments are 
elected by direct popular vote. There are no restrictions on the 
formation of political groups; however, there have been no significant 
efforts to form political parties, and none exist. Political support 
generally was sought from family and allied clan groupings, as well as 
religious groups.
    There was a public perception that government corruption was a 
problem, particularly in Chuuk State. In January, following the 
indictments in 2003 of then-Speaker of Congress and longtime legislator 
from Chuuk Jack Fritz, one other Member of Congress, and two former 
Members on charges relating to misuse of government funds, delegates 
from Chuuk introduced a bill to grant amnesty to Members of Congress 
prosecuted or accused of such offenses retroactive to independence in 
1986. The bill's first reading generated strong public opposition, and 
the bill died in committee. On August 3, a court convicted Fritz on 
four counts of misuse of government funds. His associates also were 
convicted. On August 20, Fritz resigned from Congress, reportedly as a 
condition for receiving a lighter sentence than originally recommended 
by the prosecution; his conviction constitutionally barred him from 
future public office. He was sentenced to a fine of $4,000 and a 1-year 
suspended prison term. On August 23, the Supreme Court upheld his 
conviction.
    Legislative hearings and deliberations are open to the public. 
Information from other branches of government also was accessible; 
however, retrieval sometimes was complicated and delayed by the loss or 
mishandling of records and by the concern of lower level administrative 
personnel with verifying that release of the particular information 
requested was permissible. There were no reported cases of government 
denial of access to media or interested parties; however, there were 
only a small number of media outlets, and their reporting resources 
were limited.
    Cultural factors in the male-dominated society limited women's 
representation in government and politics. Women held mid-level 
positions at both the federal and state level, and a woman held the 
federal cabinet-level position of Public Defender.
    There was 1 woman in the 23 seat Pohnpei State legislature and no 
women in the other state legislatures or in the national legislature.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    There were no known requests for investigations of alleged human 
rights violations during the year; international human rights groups 
never have raised concerns about the country. Although there were no 
official restrictions, no local groups concerned themselves exclusively 
with human rights. There were groups that addressed problems concerning 
the rights of women and children, and the Government cooperated with 
these groups.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    Although the Constitution provides explicit protection against 
discrimination based on race, sex, language, or religion, there was 
extensive societal discrimination, notably discrimination and violence 
against women. Government enforcement of these constitutional 
provisions was weak. 03
    Women.--Reports of spousal abuse, often severe, continued during e 
year. Although assault is a crime, there are no specific laws against 
domestic abuse, and there were no governmental or private facilities to 
shelter and support women in abusive situations. Effective prosecution 
of offenses was rare. In many cases, a victim decides against 
initiating legal charges because she is pressured by family, fearful of 
further assault, or convinced that the police will not involve 
themselves actively in what is seen as a private family problem. Rape 
is a crime; however, few cases were reported or prosecuted. There were 
a number of reports of physical and sexual assaults against women 
outside the family context, according to police and women's groups. 
Such assaults were perpetrated against both citizens and foreigners. In 
this traditional society, unmarried women sometimes were considered to 
have invited such violence by living or traveling alone.
    Within the traditional extended family unit, violence, abuse, and 
neglect directed against spouses or children were deemed offenses 
against the family, not just the individuals, and were addressed by a 
complex system of familial sanctions. However, with increasing 
urbanization, and monetization of the economy, greater emphasis has 
been placed on the nuclear family, and the traditional methods of 
coping with family discord began breaking down. No government agency, 
including the police, has succeeded in replacing the extended family 
system or in addressing the problem of family violence directly.
    Prostitution is not legal, nor was it a major problem. The law does 
not prohibit sex tourism specifically, but it was not a problem. The 
law does not prohibit sexual harassment, which appeared to be 
pervasive, although seldom reported.
    Women have equal rights under the law, including the right to own 
property, and there were no institutional barriers to education and 
employment. Women received equal pay for equal work and were well 
represented in the lower and middle ranks of government. However, there 
was extensive societal discrimination against women. Nonetheless, women 
were active and increasingly successful in private business and 
enterprises. There was an active National Women's Advisory Council that 
lobbied the Government, and several small nongovernmental groups were 
interested in women's issues, particularly those associated with 
spousal and family violence and abuse. The Women's Interest Section of 
the Department of Health, Education and Social Affairs works to protect 
and promote women's rights.

    Children.--The Government was committed to children's welfare 
through its programs of health care and education; however, these 
programs were inadequate to meet the needs of the population, 
particularly in an environment in which the extended family was 
breaking down. Health officials and religious leaders started peer 
support and family care groups to address factors that may contribute 
to youth suicides.
    A compulsory education law requires all children to begin school at 
age 6; however, not all did so. A shortage of qualified teachers and 
lack of textbooks hampered progress. Education was free, and there was 
no difference between the education of boys and girls. Education levels 
differed among the states, but, on average, 75 percent of children 
finished 8th grade, 55 percent finished 9th grade, and 35 percent 
finished high school. Children may leave school when they reach the age 
of 14 or after completing the 8th grade, whichever comes first.
    The Government administered an immunization program throughout the 
country and provided some vitamin supplements.

    Trafficking in Persons.--The law does not prohibit specifically 
trafficking in persons; however, unlike in the previous year, there 
were no reports that persons were trafficked to, from, or within the 
country. In 2003, Congress passed legislation to regulate foreign labor 
recruiters as part of a strategy to control abusive recruitment 
practices; however, the Government had not promulgated implementing 
regulations by year's end. The amended Compact of Free Association, 
which came into effect in December 2003, also mandates such 
regulations.

    Persons With Disabilities.--The law prohibits discrimination in 
public service employment against persons with disabilities. Children 
with physical or mental disabilities, including learning disabilities, 
were provided with special education, including instruction at home if 
necessary; however, such classes were dependent on foreign funding. 
There were no reports of discrimination against persons with 
disabilities; however, they usually did not seek employment outside the 
home.
    Neither laws nor regulations mandate accessibility to public 
buildings or services for persons with disabilities. Some private 
businesses provided special parking spaces and wheelchair ramps.
    Some persons with mental illnesses, but no criminal background, 
were kept in jails rather than cared for in hospitals. However, during 
the year, the authorities began to provide separate rooms in jails for 
persons suffering from mental illness.

    National/Racial/Ethnic Minorities.--The country is made up of many 
ethnic groups with distinct cultural and linguistic backgrounds. The 
Constitution prohibits noncitizens from purchasing land, and a 2002 law 
limits the occupations that noncitizens may fill. The national Congress 
grants citizenship to non Micronesians only in rare cases. There is no 
permanent residency status. However, for the most part, noncitizens 
shared fully in the social and cultural life of the country.
Section 6. Worker Rights
    a. The Right of Association.--Under the law, citizens have the 
right to form or join associations, and national government employees 
by law may form associations to ``present their views'' to the 
Government without coercion, discrimination, or reprisals. For a 
variety of reasons, including the fact that most private-sector 
employment was in small scale, family-owned businesses and citizens 
were not accustomed to collective bargaining, there were neither 
associations nor trade unions.

    b. The Right to Organize and Bargain Collectively.--No law deals 
specifically with trade unions or with the right to collective 
bargaining, and there were no reports of collective bargaining 
agreements during the year. Individual employers, the largest of which 
are the national and state governments, set wages. There is no specific 
right to strike.
    There are no export processing zones.

    c. Prohibition of Forced or Compulsory Labor.--The Constitution 
specifically prohibits forced or compulsory labor, and there were no 
reports that such practices occurred. This prohibition does not mention 
specifically forced and compulsory labor by children; however, there 
were no reports that such practices occurred.

    d. Prohibition of Child Labor and Minimum Age for Employment.--
There is no law establishing a minimum age for employment of children. 
In practice, there was no employment of children for wages; however, 
children often assisted their families in subsistence farming and in 
family owned shops.

    e. Acceptable Conditions of Work.--The four state governments have 
established minimum wage rates for government workers. Pohnpei has a 
minimum hourly wage rate of $2.00 for government and $1.35 for private 
sector workers. The other three states have established minimum hourly 
rates only for government workers: $1.25 for Chuuk, $1.49 for Kosrae, 
and $0.80 for Yap. The minimum hourly wage for employment with the 
national Government is $2.64. These minimum wage structures and the 
wages customarily paid to skilled workers were sufficient to provide a 
decent standard of living for a worker and family. The minimum wage was 
enforced through the tax system, and this mechanism was believed to be 
effective.
    There are no laws regulating hours of work (although a 40 hour 
workweek is standard practice) or prescribing standards of occupational 
safety and health. A federal regulation requires that employers provide 
a safe workplace. The Department of Health has no enforcement 
capability; working conditions varied in practice.
    There is no law for either the public or private sector that would 
permit workers to remove themselves from dangerous work situations 
without jeopardy to their continued employment.
    Yap State permitted foreign laborers to work in garment 
manufacturing enterprises. At the factories, the foreign laborers were 
paid at a lower rate than citizens, worked longer hours per day, and 
worked a 6 day week in contrast to the 5 day week for citizens. 
However, working and living conditions generally were regarded as good. 
Workers were not subjected to abuse or deported without cause; they 
have the right to a hearing if facing deportation. Foreign workers have 
the right to form unions; however, they have not done so.
    Working conditions on board some Taiwan- and People's Republic of 
China (PRC) owned fishing vessels operating in the country's waters 
were very poor. Crewmen reported a high incidence of injuries, beatings 
by officers, and nonpayment of salary. In October, a PRC citizen 
working on a Taiwan registered ship was partially paralyzed due to 
spinal cord injuries sustained in a fall.

                               __________

                                MONGOLIA

    Mongolia continued its transition from a highly centralized, 
Communist-led state to a full-fledged, multiparty, parliamentary 
democracy, although these gains have not yet been consolidated. The 
1992 Constitution established a hybrid presidential-parliamentary 
system of government. The demarcation of powers between the president 
and the prime minister has been the subject of several constitutional 
amendments and court challenges. The president, who is also the 
commander-in-chief, is elected directly by voters for a 4-year term; 
the next election was scheduled for May 2005. Parliament (State Great 
Hural), with the agreement of the president, selects the prime 
minister, who is nominated by the majority party. On June 27, a new 
Parliament was elected in national, direct elections, and on August 20, 
a Prime Minister took office. On October 17, the country held elections 
for local assemblies. The results divided 76 seats evenly between the 
incumbent Mongolian People's Revolutionary Party (MPRP) and the 
Motherland Democracy Coalition (MDC), a coalition of 3 parties. Three 
independent candidates and a candidate for the Republican Party (one 
seat) also were elected. The campaign and balloting process were 
considered marred by violations and irregularities. Re-counts were held 
in several districts; the court stayed a re-vote in one district and 
declared invalid a re-vote in another district. Despite widespread 
dissatisfaction with the conduct of the election, the MPRP and the MDC 
accepted the results and formed a coalition government. The judiciary 
is constitutionally independent; however, it was vulnerable to 
corruption and subject to outside influence.
    Security forces are under the jurisdiction of the Ministry of 
Defense (MOD), the Ministry of Justice and Home Affairs (MOJHA), and 
the General Intelligence Agency (GIA). Military forces under the MOD 
are responsible for external security, but civil defense is subordinate 
to the MOD, giving the MOD a role in internal security. During 
peacetime, border security forces are under MOJHA control. National 
police operate under the MOJHA. The GIA, formerly the State Security 
Agency, is responsible for internal security and foreign intelligence 
collection and operations; its civilian head has ministerial status and 
reports directly to the Prime Minister. Downsizing of the military 
forces continued. The civilian authorities maintained effective control 
of the security forces. In September, the first noncareer-military 
Minister of Defense was named, replacing a predecessor who had retired 
from the military to accept the position. Some members of the security 
forces committed human rights abuses, including the abduction of a 
citizen in France.
    After several years of stagnation, the economy grew an estimated 6 
percent during the year. There also was a very large and growing amount 
of unreported economy activity. Unemployment and underemployment 
remained high. The country continued to privatize state-owned entities, 
and the private sector produced approximately 75 percent of the gross 
domestic product. The population was 2.4 million with a population 
growth rate of 1.4 percent, and per capita income was approximately 
$480 per year. The country relied heavily on foreign economic 
assistance. The mainstays of the economy continued to be copper and 
other mining activity; livestock raising; and food, wool, and hide 
processing industries. A growing trade and small entrepreneurial sector 
in the cities provided basic consumer goods. Lack of transportation and 
other infrastructure, legal and regulatory deficiencies, corruption, 
bureaucratic obstacles, and the small domestic market discouraged 
foreign investment.
    The Government generally respected the human rights of its 
citizens; however, there were problems in some areas. Members of the 
police at times beat prisoners and detainees. Pretrial detention 
conditions continued to be poor, although there were some marginal 
improvements during the year. There were no deaths reported in 
detention centers, but a number of prisoners died of disease in prison. 
Arbitrary arrest and lengthy detention were problems, as was 
corruption. Government enforcement of compliance with moral strictures 
and tax laws may have intimidated the media and resulted in self 
censorship by the press. The Minister of Justice and other officials 
used criminal libel suits to harass journalists and politicians who 
published views critical of the Government. Harassment by some 
officials of religious groups seeking registration persisted. Domestic 
violence against women was a serious problem; however, efforts to 
assist victims continued to increase during the year. Child abuse and 
child labor also were problems. Nongovernmental organizations (NGOs) 
reported that 7 female citizens were trafficked to Poland during the 
year; NGOs also reported 148 documented cases of child prostitution in 
2003.
                        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 1998 killing of the Minister of 
Infrastructure, which was suspected of being politically motivated, 
remained under investigation at year's end. The inability to solve this 
case continued to be a major problem for the Government.

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

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The Constitution prohibits such practices; however, while 
reports of such actions diminished, police (especially in rural areas) 
occasionally beat prisoners and detainees, and the use of unnecessary 
force in the arrest process was common. During the year, the Prison 
Administration completed installation of television monitoring systems 
in all 22 central prisons, which contributed to a significant decline 
in the number of prisoners and detainees beaten by guards. The Supreme 
Court ordered the reinvestigation of the case of five persons who 
allegedly were tortured in 2000 and 2001 while in pretrial detention. 
Questions were raised concerning evidence presented at the trial and 
the absence of legal counsel for the defendants during the early months 
of their detention. At year's end, the results of the investigation 
were pending.
    In general, pretrial detention and prison facilities were poor, 
providing insufficient food, heat, and medical care, thereby 
threatening the health and life of inmates. Overcrowding declined in 
prisons and detention centers. For example, the number of prisoners in 
the central detention facility in Ulaanbaatar, which in the past housed 
800 to 1,000 inmates, was reduced to 461. During the year, 325 prison 
staff members, including 159 guards, 46 social workers, and 80 medical 
staff, received human rights training. The MOJHA's Department for the 
Enforcement of Court Decisions monitored conditions in prisons and 
detention facilities, but new laws and procedures were not publicized 
widely, especially in the countryside, and citizens were not always 
aware of their rights with respect to detention and arrest.
    Many inmates entered prison infected with tuberculosis or 
contracted it in prison. The Government's tuberculosis hospital 
provided treatment for a large number of prisoners and better isolated 
infected persons from the general prison population. The number of 
inmates who died of the disease continued to decline significantly.
    All female prisoners were held separately in one central prison in 
Ulaanbaatar. In detention centers throughout the country, women also 
were held separately from men. Convicted juveniles were housed 
separately from adults. At year's end, there were 105 children in a 
separate facility for juvenile prisoners in Ulaanbaatar; the facility 
was designated as a training center. Outside of Ulaanbaatar, juveniles 
between the ages of 14 and 18 who were charged with crimes were kept in 
the same detention centers as adults, unsegregated from the adult 
population.
    Improvements in detention and prison conditions outside of the 
capital were minimal. However, families had better access to inmates, 
alleviating some of the difficulty in obtaining food and clothing. At 
least two domestic and six foreign NGOs worked to improve conditions in 
prisons and detention centers by distributing clothing, food, and 
books, and by providing English-language instruction and vocational 
training in computers and trades.
    The Government permitted prison visits by human rights monitors, 
foreign diplomats, and journalists. Amnesty International, the U.N. 
Development Program's (UNDP) human rights monitor, diplomatic 
representatives, local journalists, and other observers have visited 
detention centers as well as prisons.

    d. Arbitrary Arrest or Detention.--The Constitution provides that 
no person shall be searched, arrested, detained, or deprived of liberty 
except by law, and these protections have been incorporated into the 
Criminal Code; however, arbitrary arrest and detention remained 
problems. General public awareness of basic rights and judicial 
procedures, including rights with regard to arrest and detention 
procedures, was limited. Police may arrest persons suspected of a crime 
and hold them for up to 72 hours before a decision is made to prosecute 
or release them. Under the Criminal Code, a court order must be 
requested to continue holding a suspect after 24 hours have elapsed. If 
the requested order is not granted within 72 hours, the suspect must be 
released. Prosecutors do not have authority to issue warrants. A 
detainee has the right to a defense attorney during this period and 
during all subsequent stages of the legal process. If a defendant 
cannot afford a private attorney, the Government must appoint an 
attorney. However, in practice, many detainees were not made aware of 
this right and did not assert it. There was a shortage of state 
attorneys, and the low quality of attorney training and the 
bureaucratic obstacles faced by attorneys and defendants were chronic 
problems. Detainees may be released on bail with the agreement of the 
prosecutor. The maximum pretrial detention (with a court order) is 24 
months; an additional 6 months are allowed for particularly serious 
crimes such as murder. According to administrative regulation, if a 
person is wrongly charged with a crime, the Government must restore the 
person's rights and reputation and compensate him, but this regulation 
very rarely was followed in practice.
    In August 2003, GIA officers abducted a citizen from France and 
returned him for questioning in connection with the 1998 assassination 
of former Minister of Infrastructure Zorig. The officers acted without 
the knowledge, consent, or cooperation of the French Government or law 
enforcement authorities, or of the authorities of Belgium and Germany, 
which they transited when they brought the person back. The Government 
claimed that the person was returned pursuant to a court order to serve 
the remaining time on a fraud conviction. The court order appeared to 
have been issued after the abduction took place. At year's end, the 
person was in prison serving the remainder of his 11 year sentence for 
fraud.

    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 outside influence were 
problems.
    The judiciary consists of local courts, provincial courts, and the 
Supreme Court. The 11-member Supreme Court is the court of final 
appeal, hearing appeals from lower courts and cases involving alleged 
misconduct by high-level officials. Local courts primarily hear routine 
criminal and civil cases; provincial courts hear more serious cases, 
such as murder, rape, and grand larceny, and also serve as the appeals 
court for lower court decisions. The Constitutional Court, separate 
from the criminal court system, has sole jurisdiction over 
constitutional questions. The General Council of Courts, an 
administrative body within the MOJHA, nominates candidates for 
vacancies on the courts; the President has the power to approve or 
refuse such nominations. The council also is charged with protecting 
the rights of judges and providing for the independence of the 
judiciary.
    According to law, all accused persons have the right to due 
process, legal defense, and a public trial. Closed proceedings are 
permitted in cases involving state secrets, rape cases involving 
minors, and other cases as provided by law. The Constitution provides 
that defendants are innocent until proven guilty; however, in practice, 
this provision was rarely observed in the courts. Defendants may 
question witnesses and appeal decisions.
    There were no reports of political prisoners. Each September, the 
Government publicly pays respect to the memory of victims of the 
political repression from 1922 through the 1960s. Since 1991, of 
approximately 36,000 persons who were repressed, 28,606 have been 
absolved of accusations leveled against them. The Government has 
provided approximately 550 apartments and ``gers'' (a traditional 
nomadic dwelling) to surviving victims or the victims' spouses. In 
addition, the State Rehabilitation Commission has provided compensation 
to other family members of victims in the form of cash grants of $500 
and $1,000 (500,000 and 1 million tugrik). Since 1991, 16,077 persons 
have received more than $14.6 million (14.8 billion tugrik) in 
compensation. The program, originally scheduled to end in 2000, was 
extended to February 2006.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The Constitution prohibits such actions, and the 
Government generally respected these prohibitions in practice. The head 
of the GIA, with the knowledge and consent of the Prime Minister, may 
direct the monitoring and recording of telephone conversations. The 
extent of such monitoring was unknown. Police wiretaps must be approved 
by the Prosecutor's Office and are authorized for 2 weeks at a time.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The Constitution provides for 
freedom of speech and of the press, and the Government generally 
respected these rights in practice and did not respect academic 
freedom.
    A variety of newspapers and other publications represented major 
political party viewpoints as well as independent views. The media law 
bans censorship of public information and future legislation that would 
limit the freedom to publish and broadcast. This law also bars state 
ownership or financing of the media or media organizations. 
Nonetheless, the state continued to own the vast majority of radio and 
television stations and frequency licenses. The law took effect without 
agreement on regulations and procedures for the privatization of 
assets, and its implementation has been difficult and controversial. 
Lack of transparency and of a truly independent licensing authority has 
inhibited the ability of domestic and foreign broadcast companies to 
compete fairly with politically connected business interests and senior 
party officials for broadcast frequencies.
    The Government monitored all media for compliance with 
antiviolence, antipornography, antialcohol, and tax laws. In April, a 
journalist was ordered to be detained for 3 months in solitary 
confinement after being charged with libeling a Member of Parliament. A 
court ordered her release after 23 days in detention. Credible reports 
indicated that police briefly detained 30 journalists for questioning 
following a political commentator's dissemination of a column critical 
of the Minister of Justice. While there was no direct government 
censorship, the press alleged indirect censorship in the form of 
government harassment such as frequent libel lawsuits and tax audits. 
The law places the burden of proof on the defendant in libel and 
slander cases. As a result, some media practiced self-censorship. 
Nonetheless, independent media outlets at times were strongly critical 
of the Government. The Minister of Justice and other officials used 
criminal libel suits to harass political opponents and journalists who 
expressed or published views critical of the Government. Due to 
transportation difficulties, uneven postal service, and fluctuations in 
the amount of newsprint available, access to a full range of 
publications was restricted in outlying regions.
    While the print media was relatively open and free, the electronic 
media--television and radio--continued to be monopolized by government 
and business entities or individuals associated with the former MPRP 
government. Despite the law prohibiting the Government from owning mass 
media, the MPRP while in government continued to monopolize Mongol TV 
and Radio, the only stations capable of broadcasting nationwide. In 
October, the new ``Consensus Government'' stated that it would convert 
Mongol TV and Radio into a public broadcasting entity.
    An estimated 70 percent of households had television sets, and 
there were seven television stations, including a local station 
controlled by the Ulaanbaatar mayor's office. During the year, two of 
the private television stations and the station controlled by the 
Ulaanbaatar mayor's office were granted licenses to broadcast 
nationwide. Ulaanbaatar residents received broadcasts from other 
countries in Asia, Europe, and North America by commercial satellite 
and cable television systems.
    State-owned radio was the major source of news in the countryside. 
Local entities reported difficulties in acquiring licenses for local 
radio stations. For example, the MPRP-appointed governor of Gobi-Altai 
Province refused to approve applications for radio licenses from local 
entities associated with opposition political parties. The MPRP-
appointed governor of Dornod Province refused to issue a broadcast 
license to the Democratic Party. However, one independent radio station 
broadcast widely, and there were an increasing number of small local FM 
stations. The Voice of America and the British Broadcasting Company 
broadcast in English only, over FM radio frequencies leased from 
private media interests. The media presented both opposition and 
government views.
    Access to the Internet was available, and the Government did not 
interfere with its use.

    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; however, the law limits proselytizing, and some groups that 
sought to register faced bureaucratic harassment.
    The Constitution explicitly recognizes the separation of church and 
state. However, although there is no official state religion, 
traditionalists believe that Buddhism is the ``natural religion'' of 
the country. The Government contributed to the restoration of several 
Buddhist sites that are important religious, historical, and cultural 
centers; it did not otherwise subsidize Buddhism.
    Religious groups are required to register with the MOJHA. However, 
the registration process was decentralized with several layers of 
bureaucracy, and officials sometimes demanded bribes in exchange for 
authorization. Local assemblies have the authority to approve 
applications at the local level. In general, it appeared that 
difficulties in registering primarily were the consequence of actions 
by local officials and attempts to extort financial assistance for 
projects not publicly funded. During the year, 10 new Christian 
churches registered in Ulaanbaatar. Some of these churches had been 
active and seeking registration since 1994.
    Under the law, the Government may supervise and limit the number of 
places of worship and clergy for organized religions; however, there 
were no reports that the Government did so during the year.
    The law does not prohibit proselytizing, but it forbids the use of 
incentives, pressure, or ``deceptive methods'' to introduce religion. 
In addition, a Ministry of Education directive bans mixing foreign 
language or other training with religious instruction. The edict was 
enforced, particularly in the capital area.
    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, due to continued harsh winter weather and drought conditions, 
an increased number of persons sought shelter in the capital, and the 
authorities continued to use bureaucratic obstacles, such as increasing 
fees for residency applications, to prevent new arrivals from 
qualifying for residency and social benefits in the capital.
    The Constitution prohibits forced exile, and the Government did not 
use it.
    The country is not a party to the 1951 U.N. Convention Regarding 
the Status of Refugees or its 1967 Protocol, and it has no laws for 
granting refugee status. In practice, the Government provided 
protection against refoulement, the return of persons to a country 
where they feared persecution, but it did not routinely grant refugee 
or asylum status. The Government continued talks with U.N. High 
Commissioner for Refugees (UNHCR) representatives on refugee and asylum 
issues.
    Small groups of North Koreans continued to enter the country from 
China. The Government's concerns about potentially growing numbers of 
North Korean migrants increased opposition to accession to the 1951 
Convention.
    The Government cooperated with the UNHCR and other humanitarian 
organizations in assisting refugees. However, in recent years, 
authorities have denied entry to some persons claiming refugee status, 
having determined that these persons were ``economic immigrants'' and 
not refugees.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The Constitution provides citizens with the right to change their 
government peacefully, and citizens exercised this right in practice 
through periodic, free, and fair elections held on the basis of 
universal suffrage; however, the campaign and balloting process in the 
June national election were widely considered marred by violations and 
irregularities. The Constitution limits the President to two 4-year 
terms. Presidential, parliamentary, and local elections are held 
separately, also for 4-year terms.
    On June 27, in a national election widely regarded as flawed, 76 
percent of the eligible voters cast votes for the 76-seat national 
Parliament. Nine parties (three in coalition) contested the election. 
The results split 72 seats evenly between the former ruling MPRP and 
the MDC, a coalition composed of the Democratic Party, Mongolian 
Democratic New Socialist Party, and the Civic Will Party. Three 
independents and a Republican Party candidate also were elected.
    The campaign and balloting processes were marred by violations and 
inconsistencies. President Bagabandi, the major political forces, and 
domestic as well as foreign observers complained of numerous 
irregularities and violations committed by political parties, 
individual candidates, and members of the appointed district election 
committees. Domestic NGOs and observers documented widespread illegal 
use of state property and civil service workers, primarily by the MPRP, 
for campaign activities. Approximately 10 percent of the population 
moved from one district or precinct to another during the final 2 weeks 
of the campaign to exploit so-called ``transfer voter'' provisions in 
the law. These provisions resulted in many disputes and, in at least 
one precinct, had the effect of disenfranchising resident voters. 
Observers also reported abuses related to control of mobile ballot 
boxes, police intimidation, fraudulent ballots, multiple voting, 
ejection of political party and foreign observers from polling 
stations, and ballot-box stuffing. Both the MPRP and the MDC called for 
re counts in many districts. The MPRP formally challenged and requested 
re-votes in two districts. The MDC took the cases to the new 
administrative court, which stayed the re-vote in one district and 
ruled invalid the re-vote in another district. At year's end, 
candidates continued to pursue their challenges through appeals in the 
courts.
    Protracted inter- and intra-party negotiations produced a ``Grand 
Coalition'' or ``Consensus'' Government, in which the MPRP and MDC 
divided parliamentary standing committee and cabinet positions. The 
Speaker of the Parliament (and second in the chain of command after the 
President) and the Prime Minister (third in the chain of command) were 
from different parties, as were the ministers and vice ministers of the 
13 ministries. Several new parliamentary standing committees and 
ministries, as well as a new deputy prime minister position, were 
created to accommodate the need for balance between the political 
forces. In addition, the parties agreed to exchange the positions of 
Speaker and Prime Minister after 2 years, when the MDC would nominate 
the Speaker and the MPRP would nominate the Prime Minister.
    The Constitution provides that the Prime Minister, in consultation 
with the President, shall submit executive branch proposals to 
Parliament. Members of Parliament may serve as cabinet ministers.
    There were 18 registered political parties; 5 were represented in 
Parliament.
    Corruption was perceived to be a growing problem. Government and 
parliamentary decisionmaking was not sufficiently transparent, and open 
public legislative hearings were rare. The State Secrets Law inhibits 
freedom of information and government transparency and accountability. 
There were public calls not only to amend the law but also to implement 
the equivalent of a ``freedom of information act.''
    There were no legal impediments to the participation of women or 
minorities in government and politics. There were 5 female members in 
the 76-member Parliament, including a vice speaker. There was one 
female minister and one female vice-minister. Women and women's 
organizations were vocal in local and national politics and actively 
sought greater female representation in government policymaking.
    There were three members of the ethnic Kazakh minority group 
serving 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 without government restriction, investigating and 
publishing their findings on human rights cases. Government officials 
generally were cooperative and responsive to their views.
    With UNDP assistance, a local representative in each provincial 
assembly monitored human rights conditions, among other duties.
    The National Commission on Human Rights (NCHR) consists of three 
senior civil servants nominated by the President, the Supreme Court, 
and the Parliament for terms of 6 years. The NCHR was responsible for 
monitoring human rights abuses, initiating and reviewing policy 
changes, and coordinating with human rights NGOs. The NCHR reported 
directly to Parliament. In its 2003 report, as in its 2001 and 2002 
reports, the NCHR criticized the Government for abuses of the power of 
arrest and detention, poor conditions in detention and prison 
facilities, lengthy detentions without trial, and failure to implement 
laws. The reports also faulted Parliament and the courts for failure to 
protect human rights fully.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The Constitution states that ``no person shall be discriminated 
against on the basis of ethnic origin, language, race, age, sex, social 
origin, or status,'' and that ``men and women shall be equal in 
political, economic, social, cultural fields, and family.'' The 
Government generally enforced these provisions in practice. There was 
no official discrimination against those with HIV/AIDS; however, some 
social discrimination existed.

    Women.--Domestic violence against women was a serious problem. Rape 
and domestic abuse are illegal, and offenders can be prosecuted after 
formal charges have been filed. There is no law specifically 
prohibiting spousal rape. Rape, including spousal rape, also was a 
problem. During the year, the number of reported cases increased nearly 
5 percent.
    In May, Parliament passed a law against domestic violence to become 
effective January 1, 2005. The law states that ``Domestic violence 
shall mean any intentional act or failure to act by a person with 
respect to another person that infringes upon the latter's human 
rights, freedom, or any act that causes threat or contains a threat to 
cause harm.'' The law covers family members and also cohabitants not 
registered as married in the state registry, as well as persons who are 
in the custody of a family due to adoption, being nursed, or over whom 
a family member has guardian status. The law empowers central and local 
authorities to implement national policy to combat and prevent domestic 
violence, fund such activities from the national budget, and enlist the 
support and cooperation of NGOs in their efforts. The law requires 
police to accept and file complaints, visit the site of incidents, 
interrogate the offender and witnesses, explain the law, impose 
administrative criminal penalties, bring victims to refuge, and 
transfer custody of relatives if necessary. Police may also detain an 
offender temporarily, send drunken offenders to ``sobering houses,'' 
and inform social workers and advise relevant authorities on 
restrictions to place on an offender. The law outlines the role of 
social welfare organizations and NGOs and confidentiality provisions 
for victims. The law provides for the following sanctions on offenders: 
expulsion from home or separate accommodations, prohibitions on the use 
of jointly owned property, prohibitions on meeting victims, 
prohibitions on access to minors, compulsory training aimed at behavior 
modification, and compulsory treatment for alcoholism.
    There were no reliable statistics regarding the extent of domestic 
abuse, but qualified observers believed that it affected as much as 
one-third of the female population. Approximately 98.5 percent of those 
who committed violent crimes in the home were men, and women typically 
were the victims. In recent years, domestic abuse appeared to become 
more violent; different statistical sources stated that between 10 and 
24 percent of murders occurred in the home. During the year, murders of 
women were 18 percent of all murder cases. After many years of 
government and societal denial, there was increasing public and media 
discussion of domestic violence, including spousal and child abuse. 
However, the perception remained that domestic abuse was either a 
family issue or not a problem. In recent years, economic and societal 
changes have created new stresses on families, including loss of jobs, 
inflation, and lowered spending on social and educational programs. 
Some statistics showed that more than 60 percent of family abuse cases 
were related to alcohol abuse. The high rate of alcohol abuse 
contributed to increased instances of family abuse and abandonment and 
added to the number of single-parent families, most of which were 
headed by women. Women were hesitant to prosecute cases of domestic 
abuse because of likely long-term detention of spouses and the 
resulting loss of household income.
    Prostitution is illegal. The national police documented 148 cases 
of underage prostitution in 2003.
    There were reports that some female and teenage citizens worked in 
the sex trade in Asia and Eastern Europe; an unknown number of them may 
have been trafficked (see Section 5, Trafficking).
    There are no laws against sexual harassment.
    The Family Law details rights and responsibilities regarding 
alimony and parents' rights, and it is intended to bring about timely 
dispute settlement and ameliorate the causes of some domestic violence. 
The National Center Against Violence operated branches in two districts 
of Ulaanbataar and eight provinces. One shelter for victims of domestic 
abuse existed in the country, largely funded by foreign charitable 
organizations.
    The law stipulates the obligations regarding divorce, custody, and 
alimony for the parent caring for children. It provides for more speedy 
resolution of divorce cases when the relevant agencies have determined 
that domestic violence is involved.
    The Constitution provides men and women with equal rights in all 
areas. By law, women are to receive equal pay for equal work and have 
equal access to education. Women represented approximately half of the 
work force, and a significant number were the primary wage earners for 
their families. The law prohibits women from working in certain 
occupations that require heavy labor or exposure to chemicals that 
could affect infant and maternal health, and the Government effectively 
enforced these provisions. Many women occupied midlevel positions in 
government and the professions, and many were involved in the creation 
and management of new trading and manufacturing businesses.
    There was no separate government agency to oversee women's rights; 
however, there was a national council to coordinate policy and women's 
interests among ministries and NGOs, and the Ministry of Social Welfare 
and Labor had a Division for Women and Youth Issues. There were 
approximately 40 women's rights groups that concerned themselves with 
issues such as maternal and child health, domestic violence, and equal 
opportunity.

    Children.--Increased stress on the family structure and throughout 
society has had adverse effects on many children, and the Government 
has been unable to keep pace with the educational, health, and social 
needs of this most rapidly growing segment of its population, although 
it is committed to children's rights and welfare in principle. The 
Government provided children with free and, by law, compulsory public 
education through the age of 16; however, family economic needs and 
state budgetary difficulties made it difficult for some children to 
attend school. In practice, female children over the age of 15 had 
better opportunities to complete their education than male children, 
because teenage males often were required to work at home, and schools 
generally were located far from homes (see Section 6.d.). In addition, 
there continued to be a severe shortage of teachers and teaching 
materials at all educational levels.
    Although the society has a long tradition of communal raising of 
children, societal and familial changes have orphaned many children. 
The Government was more willing than in the past to admit the extent of 
the problem, but it lacked the resources to improve the welfare of 
children who have become victims. NGOs continued to assist orphaned and 
abandoned children. The Government did not publish statistics on street 
children; however, the 2002 census identified approximately 1,300 
homeless youths between 7 and 18 years of age. Of those, 840 lived in 
shelters provided by 21 children's centers sponsored by international 
NGOs. Groups working in the field disagreed on the number of street 
children, but they estimated that there were as many as 3,000. Female 
street children, who accounted for one third of all street children, 
sometimes faced sexual abuse. The Government established the National 
Committee for Children to address this and other child welfare 
problems. The Government supported two government-funded but privately 
owned and administered shelters, one for children from birth to age 3 
and the other for children from 3 to 16 years of age. While these 
facilities received some government funding, it was inadequate, and 
foreign aid helped sustain the orphanages.
    There was growing awareness that child abuse, often associated with 
parental alcoholism, was a problem. In conjunction with efforts to 
counter violence against women, NGOs have begun to address the problem.

    Trafficking in Persons.--The law specifically prohibits trafficking 
in women and children; however, there was evidence that female and 
teenage citizens working in the sex trade in Asia and Eastern Europe 
may have been the victims of trafficking rings. The country was both a 
source and transit point for trafficking.
    In 2003, the national police documented 148 cases of underage 
prostitution. Also in 2003, police investigated 7 cases involving 19 
suspects accused of trafficking 60 women to Hong Kong, Macau, and South 
Korea. During the year, NGOs reported that seven women were trafficked 
to Poland from the country. Authorities detained and subsequently 
denied entry to two foreign nationals (one British and one South 
Korean) for alleged trafficking of women.
    Although most officials and NGOs found it difficult to estimate the 
extent of the trafficking, increasing attention was focused on the 
problem. In May, the former Ministry of Infrastructure, which had 
oversight responsibility for the tourist industry, worked with UNICEF 
and tourist companies to develop a voluntary code of conduct to protect 
minors from sexual exploitation in the travel and tourist industry.
    The primary targets of trafficking schemes were middle-class girls 
and young women, ranging in age from 14 to approximately 28, who were 
lured abroad by offers to study or work. It was not difficult to 
traffic persons across the country's borders. Some NGO experts believed 
that members of the police sometimes were involved in trafficking young 
women and helping facilitate their movement across borders.

    Persons With Disabilities.--The labor law prohibits discrimination 
in employment and education against persons with disabilities, and it 
requires the Government to provide benefits according to the nature and 
severity of the disability, which the Government did. The Law on Social 
Protection of the Disabled charges provincial governors and the 
Ulaanbaatar governor with the responsibility to work with provincial 
councils and the Ulaanbaatar city council to develop and implement 
measures to protect persons with disabilities. However, NGOs claimed 
that the Government did little to implement such measures, and in 
practice, most persons with disabilities could not find jobs. The law 
requires companies employing more than 50 persons to hire at least 3 
persons with disabilities, and the Government provided tax benefits to 
enterprises that hired persons with disabilities, whom some firms hired 
exclusively. Persons injured in industrial accidents have the right to 
reemployment when ready to resume work, and the Government offered free 
retraining at a central technical school. There were several 
specialized schools for youths with disabilities, but these students 
also were free to attend regular schools. There is no law mandating 
access to buildings for persons with disabilities, which made it 
difficult for these persons to participate fully in public life. 
Persons with disabilities have demonstrated for higher government 
subsidies. Government pensions for persons with disabilities were 
approximately $40 (40,000 tugrik) per month. Approximately 30 NGOs 
participated in activities assisting the approximately 40,000 persons 
with disabilities in the country.
Section 6. Worker Rights
    a. The Right of Association.--The Constitution entitles all workers 
to form or join unions and professional organizations of their 
choosing, and the Government respected this right in practice. Union 
officials estimated that union membership remained constant at 
approximately 400,000, which represented less than half of the 
workforce. Workers who were self-employed or worked at small firms 
generally did not belong to unions. No arbitrary restrictions limited 
who could be a union official, and officers were elected by secret 
ballot.
    In 2003, the leadership of the Association of Free Trades Unions 
merged with the Mongolian Trade Unions Confederation, in effect leaving 
only one trade union confederation in the country.

    b. The Right to Organize and Bargain Collectively.--The law 
regulates relations between employers, employees, trade unions, and the 
Government. The Government's role is limited to ensuring that contracts 
meet legal requirements concerning hours and conditions of work. Wages 
and other conditions of employment are set between employers, whether 
state or private, and employees, with trade union input in some cases. 
The Labor Dispute Settlement Commission resolves disputes involving an 
individual; disputes involving groups are referred to intermediaries 
and arbitrators for reconciliation. The law provides for the right to 
strike, and workers exercised this right in practice. If an employer 
fails to comply with a recommendation, employees may exercise their 
right to strike. The law protects workers' right to participate in 
trade union activities without discrimination.
    Persons employed in essential services, which the Government 
defines as occupations critical for national defense and safety, 
including police, utility, and transportation workers, do not have the 
right to strike.
    There are no export processing zones.

    c. Prohibition of Forced or Compulsory Labor.--The law specifically 
prohibits forced or compulsory labor, including by children; however, 
enforcement was irregular.

    d. Prohibition of Child Labor and Minimum Age for Employment.--The 
law in general prohibits children under the age of 16 from working, 
although those who are 14 or 15 years of age may work up to 30 hours 
per week with parental consent. Those under 18 may not work at night, 
engage in arduous work, or work in hazardous occupations such as mining 
and construction. Enforcement of these prohibitions, as well as all 
other labor regulations, was the responsibility of state labor 
inspectors assigned to regional and local offices. These inspectors 
have the authority to compel immediate compliance with labor 
legislation, but enforcement was limited, due to the small number of 
labor inspectors and the growing number of independent enterprises.
    Children worked informally in petty trade, scavenging in dumpsites, 
scavenging coal from abandoned mines, and herding animals. Increasing 
alcoholism and parental abandonment made it necessary for many children 
to have an income to support themselves, their siblings, and sometimes 
their parents. Estimates placed the number of children in the labor 
force as high as 58,000.
    In addition, due to economic pressures, fewer children, especially 
teenage boys in the countryside, stayed in school until age 18 (see 
Section 5). Children most often herded family livestock, but reports of 
children working in factories or coalmines continued.
    The Government prohibits forced and compulsory labor by children 
and generally attempted to enforce this prohibition. However, forced 
labor by children occurred.

    e. Acceptable Conditions of Work.--The legal minimum wage 
established for the year was under $30 (30,000 tugrik) per month. This 
minimum wage, which applied to both public and private sector workers 
and was enforced by the Ministry of Social Welfare and Labor, was 
insufficient to provide a decent standard of living for a worker and 
family. Virtually all civil servants earned more than this amount, and 
many in private businesses earned considerably more. Some employees 
received housing benefits.
    The standard legal workweek is 40 hours, and there is a minimum 
rest period of 48 hours between workweeks. By law, overtime work is 
compensated at either double the standard hourly rate or by giving time 
off equal to the number of hours of overtime worked. Pregnant women and 
nursing mothers are prohibited by law from working overtime. For those 
16 and 17 years of age, the workweek is 36 hours, and overtime work is 
not allowed. These laws generally were enforced in practice.
    Laws on labor, cooperatives, and enterprises set occupational 
health and safety standards. However, the near-total reliance on 
outmoded machinery and problems with maintenance and management led to 
frequent industrial accidents, particularly in the mining, power, and 
construction sectors. Enforcement of occupational health and safety 
standards was inadequate. The labor monitoring unit employed only 73 
inspectors to inspect a growing number of enterprises throughout the 
country. According to the law, workers have the right to remove 
themselves from dangerous work situations and still retain their jobs. 
There were a small number of foreign workers in the country who 
generally enjoyed the same protections as citizens.

                               __________

                                 NAURU

    The Republic of Nauru adopted a unicameral form of parliamentary 
democracy upon gaining independence in 1968. The Parliament, elected at 
least triennially, consists of 18 members from 14 constituencies. The 
Parliament elects the President, who is both chief of state and head of 
government, from among its members. The most recent parliamentary 
elections, held in November, were free and fair. The presidency has 
changed 14 times in the past 3 years; in June, Parliament reelected 
Ludwig Scotty with a clear majority. The judiciary is independent.
    The country has no armed forces, although it has a small police 
force, with fewer than 100 members. The civilian authorities maintained 
effective control of the police force. There were no reports that 
security forces committed human rights abuses.
    The country's population was approximately 12,000. The economy 
previously was based almost entirely on the mining of dwindling 
phosphate deposits. The government-owned Nauru Phosphate Corporation 
(NPC) controlled the mining industry and placed a large percentage of 
its earnings in long-term investments meant to provide national revenue 
after the phosphate reserves are exhausted. However, financial 
mismanagement and corruption led to severe and chronic shortages of 
basic goods and utilities as well as some domestic unrest. The closure 
of most mining operations in recent years has left the country 
dependent upon foreign aid and receipts from hosting asylum-seeker 
detention centers funded and managed by the Government of Australia. In 
February, in response to international money laundering concerns, the 
Government closed its offshore banking operations, suspended its 
investor passport program, and updated its banking laws and financial 
sector legislation.
    The Government generally respected the human rights of its 
citizens, and the law and judiciary provide effective means of 
addressing individual instances of abuse. Human rights advocates 
continued to express concerns about poor living conditions and alleged 
arbitrary detention of asylum seekers held in the country, under an 
agreement with the Government of Australia, since 2001. In September, 
Australia closed one of the two asylum seeker centers in Nauru.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Arbitrary or Unlawful Deprivation of Life.--There were no 
reports of arbitrary or unlawful deprivation of life committed by the 
Government or its agents.

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

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The Constitution prohibits such practices, and there were 
no reports that government officials employed them.
    The Government attempted to meet international prison standards 
within its limited financial means and in accordance with local living 
standards; however, prison conditions were basic, and food and 
sanitation were limited. There were separate accommodations for 
pretrial detainees and convicted prisoners, for men and women, and for 
adults and juveniles.
    The country hosted a refugee processing and detention center, 
funded by the Government of Australia, that held 58 asylum seekers at 
year's end (see Sec. 1.d. and 2.d.). Most of the detainees were 
citizens of Afghanistan and Pakistan, with a small number from other 
South Asian countries, intercepted at sea en route to Australia in 
2001, and who sought resettlement in Australia or other developed 
countries. Australian human rights organizations expressed concern 
about conditions at the detention center, including problems with the 
water quality and power supply. Water quality and power supply problems 
were common in the country as a whole. Since 2001, Amnesty 
International and other Australia-based human rights groups have 
protested that journalists, human rights activists, doctors, lawyers, 
and clergy members have been denied visas to visit asylum seekers held 
in the detention centers. A series of hunger strikes by detainees 
appear to have been resolved through negotiation and agreements by 
Australian authorities to review detainees' records and claims.
    There were no local human rights groups, and the question of visits 
to local prisons by human rights observers was not raised. Prison 
visits by church groups and family members were permitted.

    d. Arbitrary Arrest or Detention.--The Constitution prohibits 
arbitrary arrest and detention, and the Government generally observed 
these prohibitions.
    The police may hold a person for no more than 24 hours without a 
hearing before a magistrate.
    There were no reported cases of corruption in the police force.
    Since 2002, the Australia-based Catholic Commission for Justice, 
Development, and Peace has asserted that the detention of asylum 
seekers in the country was not being handled in accordance with the 
country's Constitution, since these individuals had been detained by 
Australia without first being brought before a recognized court for a 
hearing. In August, the Australian court ruled that the detention of 
the asylum seekers was legal.

    e. Denial of Fair Public Trial.--The Constitution provides for an 
independent judiciary, and the Government generally respected this 
provision in practice.
    The Supreme Court is the highest court addressing constitutional 
issues; it is presided over by the Chief Justice. The Appellate Court, 
composed of two judges, hears appeals of Supreme Court decisions on 
other matters. Parliament cannot overturn court decisions. Under the 
Appeals Act, cases may be reviewed by the High Court of Australia on 
Criminal and Civil Actions, but this rarely was done. A Resident 
Magistrate, who is also the Registrar of the Supreme Court, presides 
over the District Court and the Family Court as Chairman of a three-
member panel. The Constitution further provides for two quasi-courts, 
the Public Service Appeal Board and the Police Appeal Board. The Chief 
Justice presides over both as chairman, with two members for each 
board.
    Defendants may have legal counsel, and a representative for the 
defense is appointed, when required, ``in the interest of justice.'' 
Bail and traditional reconciliation mechanisms rather than the formal 
legal process were used in many cases--usually by choice, but sometimes 
under communal pressure. Contract workers from Kiribati and Tuvalu 
working in the mining sector did not have recourse to effective 
communal assistance and were disadvantaged in complaints against 
citizens. There were only three trained lawyers in the country, and 
many persons were represented in court by ``pleaders,'' trained 
paralegals certified by the Government.
    There were no reports of political prisoners.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The Constitution prohibits such actions, and the 
Government generally respected these prohibitions in practice.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The Constitution provides for 
freedom of speech and of the press, and the Government generally 
respected these rights in practice. An independent press, an effective 
judiciary, and a functioning democratic political system combined to 
ensure freedom of speech and of the press, including academic freedom.
    The country had no regular print media. Occasional publications 
included the Government Bulletin. In addition, The Visionary, a 
newsletter published sporadically by the opposition party Naoero Amo, 
provided an independent and critical view of the Government. The 
Visionary was particularly vocal regarding the country's economic 
crises during the year. The country's sole radio station was owned and 
operated by the Government; it broadcast Radio Australia and British 
Broadcasting Corporation news reports. Local television included 
government-owned Nauru TV, as well as a privately owned sports network.
    The Government was the sole Internet service provider in the 
country, but it did not monitor or censor content.

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

    c. Freedom of Religion.--The Constitution provides for freedom of 
religion; however, the Government restricted this right in some cases. 
In recent years, the Government has prevented Mormons and members of 
Jehovah's Witnesses from practicing their religion freely on some 
occasions, and members of these religions were subjected to arbitrary 
licensing and immigration requirements.
    For a more detailed discussion, see the 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.
    By regulation, foreign workers were required to apply to their 
employers for permission to leave the country during the period of 
their contracts; however, the scaling down of most mining operations in 
the early part of the year mooted the regulation. A few hundred 
expatriate workers left the country during the year, but approximately 
6,000 have elected to remain, many of whom continued to work, hoping to 
collect months of back pay owed them.
    Neither the Constitution nor law prohibits forced exile; however, 
the Government did not use it.
    The Government has not formulated a formal policy regarding 
refugees, asylees, or temporary protection. However, the Government 
cooperated with the office of the UNHCR and other humanitarian 
organizations in assisting refugees. The country has accommodated 
asylum seekers as a processing center for Australia and other 
countries. These asylum seekers were held in facilities funded by the 
Government of Australia, with day-to-day supervision provided by 
officials of the International Office on Migration and local 
authorities. Most of the asylum seekers were from South Asia and 
claimed to be fleeing political persecution. Throughout the year, some 
asylum seekers were resettled, primarily in Australia and New Zealand. 
At year's end, 58 asylum seekers remained in detention in the country 
(see Sections 1.c. and 1.d.).
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The Constitution provides citizens the right to change their 
government peacefully, and citizens exercised this right in practice 
through periodic, free, and fair elections held on the basis of 
universal suffrage. Government also can be changed by a petition from 
the Members of Parliament. Although the country's politics are based 
more on clan than party membership, persons with diverse points of view 
have been elected to Parliament.
    Parliament elects the President. There have been six changes in 
government since January 2003. Following general elections in November, 
Ludwig Scotty was reelected President by Parliament, after a 
dissolution and new election gave his reform supporters a clear 
majority.
    In parliamentary elections, voting by secret ballot is compulsory 
for all citizens over the age of 20. Multiple candidates stood for all 
parliamentary seats in each election.
    Once one of the richest countries in the world when measured on a 
per capita basis, the country has been reduced to defaulting on 
obligations because of government mismanagement and corruption by 
former officials and hired administrators at all levels. The country 
does not have legislation regulating the conduct of senior officials; 
therefore, corruption cannot be investigated without specific 
parliamentary actions, which has not been yet undertaken.
    There are no legal impediments to participation in politics by 
women. However, the dominance of traditional clans in national politics 
limited participation by women, and there were no women in the 18-seat 
Parliament or in the Cabinet. During the year, participation by women 
in party-based politics increased, and women held many senior civil 
service positions, including Permanent Secretary and Cabinet Secretary-
level jobs.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    There were no restrictions on establishing local groups that 
concern themselves specifically with human rights, but no groups have 
been formed. The Australia-based Catholic Commission for Justice, 
Development, and Peace repeated concerns about alleged arbitrary 
detention of asylum seekers, asserting that detainees were not being 
held in accordance with the country's Constitution (see Section 1.d.).
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The Constitution prohibits discrimination on the basis of race, 
sex, disability, language, or social status, and the Government 
observed these provisions.

    Women.--The Government did not track incidents of physical and 
domestic abuse against women. However, credible reports indicated that 
sporadic abuse, often aggravated by alcohol use, occurred. Families 
normally sought to reconcile such problems informally, and, if 
necessary, communally. The judiciary and the Government treated major 
incidents and unresolved family disputes seriously.
    Spousal rape is not a crime, but police investigate and file 
charges if allegations of rape are made against a spouse. Prostitution 
is illegal and was not widespread. Sexual harassment is a crime and was 
not a serious problem.
    The law grants women the same freedoms and protections as men. The 
Government officially provides equal opportunities in education and 
employment, and women are free to own property and pursue private 
interests. However, in practice, societal pressures limited 
opportunities for women to exercise these rights fully. There was a 
Women's Affairs Office to promote professional opportunities for women.

    Children.--The Government devoted adequate resources for education 
and health care for children. Education is compulsory until age 16. 
Child abuse statistics were not compiled, but alcohol abuse sometimes 
led to child neglect or abuse. There were no reported cases of child 
abuse or child prostitution during the year.

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

    Persons With Disabilities.--There was no reported discrimination in 
employment, education, access to health care, or in the provision of 
state services to persons with disabilities. However, no legislation 
mandates services for persons with disabilities or access to public 
buildings. Persons who applied to the Health Department could obtain 
government assistance in building access ramps to homes and workplaces.
    There are no formal mechanisms to protect persons with mental 
disabilities; however, the Government at times provided essential 
services to families of such persons.

    National/Racial/Ethnic Minorities.--Workers from other Pacific 
Islands experienced some discrimination. Foreign workers were provided 
free housing; however, the shelters were often poorly maintained and 
overcrowded. In the past, some foreign workers alleged that the police 
rarely acted on their complaints against citizens.
Section 6. Worker Rights
    a. Right of Association.--The Constitution provides for the right 
of citizens to form and belong to trade unions or other associations. 
However, the country has virtually no labor laws, nor does it have any 
formal trade unions. Past efforts to form unions were discouraged 
officially. The transient nature of the mostly foreign work force also 
hampered efforts to organize the labor force.

    b. Right to Organize and Bargain Collectively.--Although there were 
no legal impediments, collective bargaining did not take place. The 
private sector employed only approximately 1 percent of salaried 
workers. For government workers, public service regulations determine 
salaries, working hours, vacation periods, and other employment 
matters.
    The right to strike is not protected, prohibited, or limited by 
law.
    There are no export processing zones.

    c. Prohibition of Forced or Compulsory Labor.--The Constitution 
forbids forced or compulsory labor, including by children, and the 
Government effectively enforced these prohibitions.

    d. Prohibition of Child Labor and Minimum Age for Employment.--The 
law sets age 17 as the minimum age of employment. The only two large 
employers, the Government and the NPC, honored this rule. Some children 
under the age of 17 worked in small, family-owned businesses.

    e. Acceptable Conditions of Work.--Minimum wage rates for office 
workers and manual laborers provided an adequate, if modest, standard 
of living for a worker and family. However, due to the Government's 
near-permanent lack of funds during the year, public service salaries 
often went unpaid, frequently for months at a time. Most families lived 
in simple but adequate housing, and almost every family owned some sort 
of motor vehicle. The Government set the minimum yearly wage 
administratively for the public sector. Since 1992, that rate has been 
$6,562 ($A9,056) for those 21 years of age or older. The rate is 
progressively lower for those under 21 years of age. Employers 
determined wages for foreign contract workers based on market 
conditions and the consumer price index. Usually foreign workers and 
their families received free housing, utilities, medical treatment, and 
often a food allowance. Some noncitizen contract workers complained 
about conditions in company living compounds.
    By regulation, the workweek in both the public and private sectors 
was 36 hours for office workers and 40 hours for manual laborers. 
Neither law nor regulations stipulate a weekly rest period; however, 
most workers observed Saturdays and Sundays as holidays.
    The Government sets health and safety standards. The NPC had an 
active safety program that included an emphasis on worker education and 
the use of safety equipment such as helmets, safety shoes, and dust 
respirators. The NPC had a safety officer specifically responsible for 
improving safety standards and compliance throughout the company.

                               __________

                              NEW ZEALAND

    New Zealand is a parliamentary democracy, with executive authority 
vested in a 20-member Cabinet led by the Prime Minister. Queen 
Elizabeth II is Chief of State and is represented by the Governor 
General. The 120-member Parliament is elected in a mixed-member, 
proportional representation system, with 7 seats reserved for members 
of the native Maori population. Citizens periodically choose their 
representatives in free and fair multiparty elections. The most recent 
elections were held in 2002. The Labor Party won 52 parliamentary seats 
and formed a minority coalition government with the Progressive 
Coalition Party and support from the centrist United Future Party. A 
parliamentary election was scheduled for 2005. The judiciary is 
independent.
    The Minister of Police oversees the national police. The civilian 
authorities maintained effective control of the security forces. A few 
members of the police committed isolated human rights abuses.
    The country has a market-based, mixed economy. As of June, the 
population was approximately 4.1 million. Gross domestic product grew 
4.4 percent during the fiscal year that ended June 30. Wages grew at 
2.3 percent over the fiscal year and inflation at 2.4 percent. An 
appreciating exchange rate hurt the trade sector; however, rising world 
commodity prices contributed to strong growth in export volumes. 
Government social programs offered substantial benefits to 
disadvantaged persons.
    The Government generally respected the human rights of its 
citizens, and the law and judiciary provide effective means of 
addressing individual instances of abuse. The Government generally 
respected the human rights of citizens living in its territories of 
Tokelau, Niue, and the Cook Islands.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Arbitrary or Unlawful Deprivation of Life.--There were no 
reports of the arbitrary or unlawful deprivation of life committed by 
the Government or its agents.
    In August, police shot and killed a man who had attacked his wife 
and police officers with a knife. This was the first fatal killing of a 
suspect in more than 4 years. In December, a homicide investigation 
found that the shooting was justified and reasonable. A Police 
Complaints Authority investigation was ongoing at year's end.

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

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The law prohibits such practices, and the Government 
generally respected these prohibitions in practice.
    During the year, there were some complaints that individual members 
of the police committed abuses. The Independent Police Complaints 
Authority handled complaints of police abuse, ranging from use of 
abusive language to allegations of complicity in deaths.
    In June, Parliament passed a new Corrections Act, whose provisions 
were scheduled to come into force in mid-2005. The objectives of the 
act were to eliminate private management of prisons, establish 
individual management plans for prisoners, and make prisoners' minimum 
entitlements more consistent with U.N. standards.
    Prison conditions generally met international standards, and the 
Government permitted visits by human rights observers. Prison 
overcrowding was a problem during the year. In response, the Government 
used double bunking at prisons, reopened a previously closed unit at 
Tongariro Prison, converted male units for use by female inmates, and 
used police and court cells. In November, the Government approved 
funding for additional construction on existing prison sites that would 
add 213 beds to the country's prison capacity over the next 2 years. As 
of June 30, the male inmate population was 6,177, and total prison bed 
capacity was 6,173; the female inmate population was 378, and the total 
bed capacity was 380.
    Maori made up 15 percent of the general population but were 49.5 
percent of the prison population as of November. The Government sought 
to reduce Maori recidivism through special programs to integrate Maori 
cultural values into the rehabilitation program (see Section 5).
    In the 12-month period ending June 30, there were 3 serious 
assaults on staff by inmates and 30 assaults of inmates on other 
inmates. During the same period, there were 15 recorded deaths in 
custody, including 8 assumed suicides and 1 assumed homicide.
    In December, the Government released the result of an investigation 
begun in 2003 by the State Services Commission into the use of 
excessive force by the Canterbury Prison Emergency Response Unit, also 
known as the ``goon squad.'' The report found that failings of 
management in the Corrections Department allowed the unit to develop an 
inappropriate militaristic culture. The Corrections Department 
disciplined most individuals involved with the unit, and the Government 
declared that it would review institutional changes to avoid similar 
incidents. The Government has appealed civil suits brought by affected 
prisoners that awarded compensatory damages. The appeals were ongoing 
at year's end.
    In October 2003, nine inmates of Auckland's Paremoremo Prison 
Behavioral Management Regime (BMR) brought a case against the 
Department of Corrections, alleging that the practices employed by the 
BMR, a special unit that isolates prisoners who pose a risk to staff or 
other inmates, constituted torture. In September, the Wellington High 
Court awarded compensation of $91,000 ($NZ130,000) to five of the 
claimants. The case was being appealed at year's end.
    Male and female inmates normally were housed separately. Pretrial 
detainees were housed separately from convicted prisoners to the extent 
possible.
    Juvenile detainees come under the jurisdiction of Child, Youth, and 
Family Services (CYFS) rather than the police. CYFS operated 90 beds 
for juveniles serving residential orders and detainees; an additional 6 
CYF beds were available for juveniles sentenced to imprisonment for 
indictable offenses by an adult court.
    In June, a provision expired that had allowed juveniles age 15 or 
older accused of serious offenses to be remanded into an adult penal 
institution. In the 15-month period over which the provision was in 
effect, young persons spent 1,014 nights in police cells rather than in 
youth justice residences.

    d. Arbitrary Arrest or Detention.--The law prohibits arbitrary 
arrest and detention, and the Government generally observed these 
prohibitions. The chief executive of the Department of Corrections may 
order a 14-day extension to detention in a police jail; further 
extensions must be authorized by a Visiting Justice.
    The Police Commissioner, appointed by the Governor General, is the 
chief executive of the police force and reports to the Minister of 
Police. A Board of Commissioners, consisting of the Commissioner and 
two Deputy Commissioners, is responsible for high-level leadership and 
makes decisions on police strategy, governance, and performance 
management. The police are organized into 12 districts. There are three 
operational branches: General Duties, Criminal Investigation, and 
Traffic Safety. Allegations of corruption or impunity are referred to 
the Independent Police Complaints Authority, which can refer cases 
directly to Parliament. The police generally did not have problems with 
corruption and impunity.
    Police may arrest a suspect without a warrant if they have 
reasonable cause. Police also may request a warrant from a District 
Court judge. Police may enter premises without a warrant to arrest a 
person if they reasonably suspect the person of committing a crime on 
the premises, or if they have found the person committing an offense 
and are in pursuit. Police must inform arrested persons immediately of 
their legal rights and the grounds of their arrest.
    After a suspect has been arrested and charged, police have the 
power to release the person on bail until the first court appearance. 
That bail comes to an end at the first court appearance and is distinct 
from court bail. Court bail is granted unless there is good reason to 
believe that the suspect will flee or is likely to be a danger to the 
community. Police bail is not normally granted for more serious 
offences such as serious assault or burglary. Attorneys and families 
were granted prompt access to detainees.

    e. Denial of Fair Public Trial.--The law provides for an 
independent judiciary, and the Government generally respected this 
provision in practice. On July 1, the Supreme Court replaced the Privy 
Council in London as the country's highest court of appeal. The Supreme 
Court is composed of the Chief Justice and four other judges appointed 
by the Governor General. Below the new Supreme Court is the Court of 
Appeal; it hears appeals from the High Court, which has original 
jurisdiction for major crimes and important civil claims. The High 
Court also hears appeals from lower courts and reviews administrative 
actions. Remaining original jurisdiction rests with the 66 district 
courts. Special courts include the Employment Court, family courts, 
youth courts, the Maori Land Court, the Maori Appellate Court, and the 
Environment Court. The country's military forces have their own court 
system, with a Courts Martial and a Courts Martial Appeals Court. The 
law provides for the right to a fair trial and affords defendants the 
rights found in other common-law jurisdictions. An independent 
judiciary generally enforced these rights.
    There were no reports of political prisoners.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The law prohibits such actions, and the Government 
generally respected these prohibitions in practice.
Section 2. Respect for Civil Liberties, Including:

    a. Freedom of Speech and Press.--The law provides for freedom of 
speech and of the press, and the Government generally respected these 
rights in practice 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 Internet access.

    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.
    In August and September, headstones of Jewish graves were destroyed 
or desecrated in and around Wellington and Wanganui. In one of the 
incidents in the Wellington area, a Jewish prayer house was burned 
down. The Government condemned these actions, and an investigation was 
ongoing at year's end. In late September, racist letters, some 
containing pork, were mailed to members of Wellington's Somali 
community and other Muslims. The heads of the city's Muslim and Jewish 
communities were quick to proclaim their belief that both the anti-
Semitic and anti-Muslim attacks were the work of someone outside their 
communities who wished to incite racial tension between the two groups. 
In October, a person was charged with sending the letters. The 
government-funded Human Rights Commission actively promoted tolerance 
and antibias on the issue.
    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.
    There is no statutory authority for imposing a sentence of exile, 
and the Government did not practice forced exile. The Bill of Rights 
provides every citizen the right to enter the country.
    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 cooperated with the office of the U.N. 
High Commissioner for Refugees (UNHCR) and other humanitarian 
organizations in assisting refugees. The Government also provided 
protection to certain individuals who fall outside of the definition of 
the 1951 U.N. Convention Relating to the Status of Refugees or its 1967 
Protocol. Under its refugee quota, the Government resettles up to 750 
UNHCR-approved refugees per year. In the 12-month period that ended 
July 30, the Government approved 247 persons.
    During the year, Amnesty International and other human rights 
groups expressed concern about the continued detention of Ahmed Zaoui, 
a former member of the Algerian Parliament who traveled to the country 
from Malaysia in 2002 on a false passport and requested asylum. In 
August 2003, the Refugee Status Appeals Authority (RSAA) concluded that 
Zauoi met the definition of a refugee. However, the Security 
Intelligence Service had issued a Security Risk Certificate in March 
2003 declaring that Zaoui was a threat to national security, a claim 
the RSAA disputed. Following 10 months in solitary confinement, Zaoui 
was transferred to Auckland Central Remand Prison, where he remained in 
detention until November, when the Supreme Court judged that he was 
eligible for bail. In December, Zaoui was released on bail while the 
Inspector-General of Intelligence and Security evaluated Zaoui's risk 
status, a process that was expected to take 6 to 12 months.
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. Parliamentarians are elected under a mixed-member, 
proportional representation system. In the most recent general 
elections, held in 2002, the Labor Party won 52 of 120 parliamentary 
seats and formed a minority government with the Progressive Coalition 
Party (2 seats) and support from the centrist United Future Party (8 
seats); Helen Clark remained Prime Minister. The Labor Party also had a 
cooperation agreement with the Green Party (9 seats). Three other 
political parties were represented in Parliament: The National Party 
(27 seats), New Zealand First (13 seats), and the ACT party (8 seats). 
In June, Labor Member of Parliament Tariana Turia resigned, cofounded 
the Maori Party, and won her seat back in a July by-election.
    The 1982 Official Information Act and the 1987 Local Government 
Official Information and Meetings Act Government provide for public 
access to government information, to be provided within 20 working days 
of a request. Information must be made available unless a good reason, 
such as concern for national security, exists for not doing so. The 
requestor must be provided with an estimate of any fees before the 
information is provided.
    Women participated fully in political life. There were 34 women in 
the 120-seat Parliament. There were 6 women (including the Prime 
Minister) on the Executive Council, which comprises 25 ministers (19 
within the Cabinet and 6 outside the Cabinet). The Cabinet included 
five women. The Prime Minister, the Attorney General, and the Chief 
Justice of the Supreme Court were women; the Governor General, who 
represents the Queen, also was a woman. There were 2 women in the 25-
seat Parliament of the dependent territory of the Cook Islands and 2 
women in the 20 seat Parliament of the dependent territory of Niue.
    Seven seats in Parliament are reserved for persons of Maori 
ancestry. The number of Maori seats is adjusted every 5 years, based on 
the number of persons of Maori ancestry who register to vote on the 
Maori electoral roll.
    There were 20 Maori in Parliament, including the 7 reserved seats, 
3 members of Pacific Island origin, and 1 member each of East and South 
Asian heritage. The Cabinet included at least five members with Maori 
ancestry.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    A number of domestic and international human rights groups 
generally operated without government restriction, investigating and 
publishing their findings on human rights cases. Government officials 
were cooperative and responsive to their views.
    The Human Rights Commission (HRC), a U.N.-accredited national human 
rights institution, investigated complaints of human rights violations 
and unlawful discrimination and acted as a conciliator. The HRC, which 
presents an annual report to Parliament, is funded by the Government 
but acts independently.
    In September, the HRC issued a comprehensive report that assessed 
the country's compliance with international and domestic standards in a 
range of areas. The report found that while human rights standards 
generally were high, children and young persons were most at risk for 
human rights abuse.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The law prohibits discrimination on the basis of race, sex, 
religion, disability, and national or ethnic origin, and the Government 
actively enforced it.

    Women.--Violence against women affected all socioeconomic groups. 
According to a National Survey of Crime Victims conducted in 2001 and 
released in 2003, an estimated 32 percent of Maori, 17 percent of 
persons of European ancestry, and 12 percent of Pacific Islanders 
reported violent abuse by a heterosexual partner at least once in their 
lifetime; these figures included both men and women. One in four of the 
women included in the survey reported experiencing violent behavior 
from a partner at least once. In the year ending June 30, there were 
2,228 convictions involving assault by a male on a female. Of these 
convictions, 52 percent involved Maori men, 30 percent men of European 
ancestry, and 12 percent Pacific Islanders. Although Maori women and 
children constituted less than 10 percent of the population, 
approximately half the women and children who used the National Council 
of Independent Women's Refuges were Maori.
    The Government continued its ``Te Rito'' program, a national 
strategy to address all forms and degrees of domestic violence. The 
Government partially funded women's shelters, rape crisis centers, 
sexual abuse counseling, family violence networks, and violence 
prevention services.
    The law penalizes spousal rape. During the year, the Government 
prosecuted and convicted a small number of persons for spousal rape or 
unlawful sexual connection with a spouse. Rape crisis groups existed 
throughout the country and included centers focusing specifically on 
Maori and Pacific Islanders.
    It is illegal to perform female genital mutilation (FGM) or to 
remove a child from the country to carry out the procedure; violations 
of the law are punishable by up to 7 years in prison. The Government 
funded a national FGM education program. There were no FGM cases 
reported during the year.
    The 2003 Prostitution Reform Act legalized prostitution. The 
legislation sets a minimum age of 18 to work in the sex industry, gives 
prostitutes the same workplace protections as other industries, and 
provides for a licensing regime for brothels. The law also eliminates a 
client's defense of claiming ignorance that a sex worker was less than 
18, and it extends culpability to any person who receives financial 
gain from an act involving an underage sex worker. The law prohibits 
sex tourism, and citizens who commit child sex offenses overseas can be 
prosecuted in New Zealand courts. During the year, there were no 
reports of abuse or of the involuntary detention of women involved in 
prostitution. There were reports that some foreign commercial sex 
workers had their passports withheld by employers until bonds were 
repaid (see Section 5, Trafficking, and Section 6.c.). The law 
prohibits sexual harassment. The HRC offered sexual harassment 
prevention training. The Ministry of Women's Affairs addresses problems 
of discrimination and gender equality, and there is a Minister of 
Women's Affairs in the Cabinet. While the law prohibits discrimination 
in employment and in rates of pay for equal or similar work, the 
Government acknowledged that a gender earnings gap persisted in 
practice. In 2003, the Ministry of Women's Affairs undertook a pay 
equity project with the Department of Labor, and in April it provided 
recommendations to the Government. As a result, the Government began 
the development of audit and gender-neutral job evaluation tools, 
created processes for remedial settlements of pay equity claims, and 
set up a unit dedicated to this issue within the Department of Labor.

    Children.--The law provides specific safeguards for children's 
rights and protection. The Government demonstrated its commitment to 
children's rights and welfare through its well-funded systems of public 
education and medical care. The Government provides 12 weeks of 
government-funded, paid parental leave to care for children born after 
July 2002. The office of the Commissioner for Children played a key 
role in monitoring violence and abuse against children.
    The law provides for compulsory, free, and universal education 
through age 16, and the Government effectively enforced the law. The 
Government provided free health care to all children under age 5. Child 
abuse continued to be of concern to the Government. According to a 
September 2003 UNICEF report, from 1994 to 1998, there were 1.2 deaths 
from physical abuse per 100,000 children. From July 2001 to June 2002, 
6,892 children were assessed as abused or neglected. This resulted in a 
child abuse rate of 6.9 children for every 1,000 children under 17, a 
slight increase from the July 2000-June 2001 statistic of 6.7 children 
per 1,000. During the same period, there were approximately 2,026 
reported cases of physical abuse, 1,262 cases of sexual abuse, and 
2,121 cases of severe emotional abuse of children. Ten Maori children 
per 1,000 were reported abused or neglected, compared with 6 per 1,000 
for non-Maori children. The Government promoted information sharing 
between the courts and health and child protection agencies to identify 
children at risk of abuse. During the 7-month period ending June 30, 
there were 13,953 applications to Family Court under the Guardianship 
Act and 4,778 applications under the Domestic Violence Act. There were 
193 convictions involving assaults on children in the year ending June 
30. Commercial sexual exploitation of children remained a problem (see 
Section 5, Trafficking).
    The Department of Internal Affairs' Censorship Compliance Unit 
actively policed Internet child sex abuse images and prosecuted 
offenders. The Government maintains extraterritorial jurisdiction over 
child sex offenses committed by the country's citizens abroad.

    Trafficking in Persons.--The law prohibits trafficking in persons, 
and there were no reports that persons were trafficked to or from the 
country. No new cases of internationally trafficked persons have been 
brought to the attention of the authorities since 2001. There was no 
national plan or coordinated government response to deal with the 
problem of trafficking. The Government has signed the relevant 
international instruments dealing with trafficking and has adopted 
tough domestic legislation to criminalize trafficking with penalties of 
up to 20 years in prison and fines of up to $321,337 ($NZ 500,000). 
Laws against child sexual exploitation and slavery carry penalties of 
up to 14 years in prison.
    Trafficking in children to work in the sex industry was a problem. 
The Government worked with nongovernmental organizations (NGOs) to 
combat trafficking in children. The Government had a National Plan of 
Action against the Commercial Exploitation of Children developed in 
concert with NGOs. The Prostitution Reform Act made it illegal to have 
sex with an individual under 18 years of age. Assistance programs for 
victims of debt bondage were implemented through the HRC, the Mayor of 
Auckland, the police, the Immigration Service, and NGOs, including 
ECPAT NZ, the Prostitutes Collective, and the Shakti Migrant Services 
Trust's Women's Refuge. Other initiatives included distribution of 
pamphlets about the unacceptability of commercial sexual exploitation 
of children and peer counseling programs.
    The country's main urban areas were the primary destination for 
trafficked persons. The HRC worked effectively with the Government and 
NGOs to ensure that trafficked individuals were treated as victims 
rather than criminals.
    Shakti Migrant Services Trust, an antitrafficking NGO, provided 
reports of prostitution and abuse resulting from the immigration of 
Indian women for arranged marriages. The Trust reported that some of 
these women were forced to work long hours, treated as virtual slaves, 
and in some cases forced into prostitution. The Government provided 
funding for health services for trafficked persons, for the HRC to 
coordinate antitrafficking activities, and for the New Zealand 
Prostitutes Collective to provide peer counseling and assistance to 
trafficked persons. The major urban areas had support networks for 
trafficked individuals, including mechanisms to provide safehouses and 
repatriation.

    Persons With Disabilities.--The law prohibits discrimination 
against persons with disabilities in employment, education, access to 
places and facilities, and the provision of goods, services, and 
accommodation. Compliance with access laws varied. The Government is 
prohibited from discrimination on the basis of disability, mental or 
physical, unless such discrimination can be ``demonstrably justified.'' 
The HRC reported that during the year, it received more complaints of 
discrimination based on disability than for any other type of 
discrimination. In September, the HRC issued a report that concluded 
persons with disabilities were more likely to experience human rights 
abuses than the general population. During the year, both the HRC and 
the Mental Health Commission continued to address mental health issues 
in their antidiscrimination efforts.

    National/Racial/Ethnic Minorities.--Pacific Islanders, who made up 
6.5 percent of the population, experienced societal discrimination and 
accounted for approximately 10 percent of prison inmates. The 
Department of Corrections continued its strategy to reduce the crime 
rate among Pacific Islanders through the use of culturally based 
techniques. Asians, who made up less than 5 percent of the population, 
also reported discrimination.

    Indigenous People.--Approximately 15 percent of the population 
claimed at least one ancestor from the country's indigenous Maori or 
Moriori minorities. The law prohibits discrimination against the 
indigenous population; however, there was a continuing pattern of 
disproportionate numbers of Maori on unemployment and welfare rolls, in 
prison, among school dropouts, in infant mortality statistics, and 
among single-parent households. In February, the Government created the 
position of Coordinating Minister for Race Relations. The Minister was 
tasked with reviewing all government policies and programs to ensure 
that they were directed at persons in need, without racial bias. The 
review was ongoing at year's end.
    Maori inmates continued to constitute half the prison population. 
The Government addressed the problem of recidivism among Maori through 
Maori focus units and special cultural assessments of Maori offenders.
    Government policy recognized a special role for indigenous people 
and their traditional values and customs, including cultural and 
environmental issues that affected commercial development. The Ministry 
of Maori Development, in cooperation with several Maori NGOs, sought to 
improve the status of indigenous people. A special tribunal established 
in 1975 continued to hear Maori tribal claims to land and other natural 
resources stemming from the 1840 Treaty of Waitangi.
    On November 19, legislation was enacted that regulates ownership of 
the foreshore (the land between high and low tide) and the seabed. The 
legislation was the focus of protests by Maori groups asserting 
customary title to the land and by non-Maori groups opposing such 
claims. Concerns over the impact of proposed legislation on Maori 
customary rights resulted in the resignation of Labor M.P. Tariana 
Turia, who then helped to found the Maori Party (see Section 3).
Section 6. Worker Rights
    a. The Right of Association.--The law provides workers the right to 
form and join organizations of their choice without previous 
authorization or excessive requirements, and workers exercised this 
right in practice. The principal labor organization was the Council of 
Trade Unions, a federation that included unions representing various 
trades and locations. Nearly all unionized workers were members of the 
council. A few small, independent labor unions also existed. As of 
March 1, unions represented approximately 22 percent of all wage 
earners.
    Labor organization was rudimentary in the territory of Tokelau 
(population 1,500) and in the Freely Associated State of Niue 
(population 1,700). In the more developed Associated State of the Cook 
Islands (population 19,000), most workers in the public sector, the 
major employer, belonged to the Cook Islands Workers' Association, an 
independent local union. Industrial relations in the Cook Islands are 
governed by a simplified version of national legislation. The law 
prohibits uniformed members of the armed forces from organizing unions 
and bargaining collectively. Sworn police officers (which includes all 
uniformed and plainclothes police but excludes clerical and support 
staff) are barred from striking or taking any form of industrial 
action. However, police have freedom of association and the right to 
organize and to bargain collectively. Disputes that cannot be settled 
by negotiation between the Police Association and management are 
subject to compulsory, final-offer arbitration.

    b. The Right to Organize and Bargain Collectively.--The law 
provides for the right of workers to organize and contract 
collectively, and workers exercised this right in practice.
    The Employment Relations Act (ERA) governs industrial relations and 
promotes collective bargaining. In 2003, the Government conducted a 
technical review of ERA legislation, prompted by the ratification by 
the Parliament of ILO Convention 98 on the right to organize and 
bargain collectively. In October, a revised ERA became law that 
included the extension of employee collective bargaining rights, an 
expansion of the definition of good faith, and new problem solving 
processes. The changes became effective December 1. There are no 
provisions of law allowing lesser labor protections in export 
processing zones.

    c. Prohibition of Forced or Compulsory Labor.--The law prohibits 
forced or compulsory labor, including by children. Inspection and legal 
penalties ensured respect for provisions against forced labor. There 
were no reports of the involuntary detention of women involved in 
prostitution; however, there were reports that some foreign commercial 
sex workers had their passports held by employers until bonds were 
repaid.

    d. Prohibition of Child Labor and Minimum Age for Employment.--
Department of Labor inspectors effectively enforced a ban on the 
employment of children under the age of 15 in manufacturing, mining, 
and forestry. Children under the age of 16 may not work between the 
hours of 10 p.m. and 6 a.m. By law, children enrolled in school may not 
be employed, even outside school hours, if such employment would 
interfere with their education.
    There were reports of children involved in the commercial sex 
industry (see Section 5).

    e. Acceptable Conditions of Work.--A 40-hour workweek is 
traditional. There are legal limits regarding hours worked. There is 
premium pay for overtime work. The law does not provide specifically 
for a 24-hour rest period weekly; however, management and labor have 
accepted the practice, and it was the norm. The law provides for a 
minimum 3-week annual paid vacation and 11 paid public holidays. The 
minimum wage was approximately $5.46 ($NZ8.50). Combined with other 
regularly provided entitlements and welfare benefits for low-income 
earners, this wage generally was adequate to provide a decent standard 
of living for a worker and family. There was a separate youth minimum 
wage of approximately $4.37 ($NZ6.80) for younger workers (ages 16 to 
17). A majority of the work force earned more than the minimum wage. 
Extensive laws and regulations govern health and safety issues. Under 
these rules, employers are obliged to provide a safe and healthy work 
environment, and employees are responsible for their own safety and 
health, as well as ensuring that their actions do not harm others.
    Workers have the legal right to strike over health and safety 
issues, as well as the right to withdraw from a dangerous work 
situation without jeopardy to continued employment. Department of Labor 
inspectors effectively enforced safety and health rules, and they had 
the power to shut down equipment if necessary. The Department of Labor 
normally investigated reports of unsafe or unhealthy working conditions 
within 24 hours of notification.

                               __________

                                 PALAU

    Palau is an independent nation in free association with the United 
States. The Constitution provides for executive, judicial, and 
legislative branches and free and fair elections. The President, the 
Vice President, and members of the legislature, the Olbiil Era Kelulau, 
are elected for 4 year terms. In free and fair elections held on 
November 2, President Tommy E. Remengesau, Jr. was reelected, and 
Camsek Chin was elected Vice President. The country is organized 
politically into 16 states. The Council of Chiefs, consisting of the 
highest traditional chiefs from each state, advises the President on 
traditional laws and customs. The judiciary is independent.
    The Ministry of Justice oversees the national police force. The 
country also has a Marine Law Enforcement Division that patrols its 
borders. Under the Compact of Free Association, the United States is 
responsible for the country's external defense. The civilian 
authorities maintained effective control over the security forces. 
There were no reports that members of the security forces committed 
human rights abuses.
    The small, market based, mixed economy was sustained largely by 
transfer payments from the United States. The population was 
approximately 19,980 according to a 2002 estimate. The Government 
employed approximately 30 percent of the work force. The rate of 
economic growth was 2.3 percent in 2002, the latest figure available. 
The consumer price index rose approximately 1 percent during the year. 
Wages and benefits generally kept pace with inflation. Traditional 
subsistence agriculture and fishing diminished as persons continued to 
move to urban areas in search of employment. An increasing number of 
Chinese farmers operated vegetable farms that competed with indigenous 
farmers. The U.S. dollar is the national currency.
    The Government generally respected the human rights of its 
citizens; however, there were problems in a few areas. Traditional 
customs sustain a value system that discriminates between persons on 
the basis of social status and sex. Domestic violence and child neglect 
continued to be problems. Societal discrimination and some abuse 
against certain foreign workers, who accounted for nearly 28 percent of 
the population and 69 percent of the paid work force, also were serious 
problems. There were reports of persons being trafficked to the country 
from the People's Republic of China (PRC), the Philippines, and Taiwan.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Arbitrary or Unlawful Deprivation of Life.--There were no 
reports of the arbitrary or unlawful deprivation of life committed by 
the Government or its agents.

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

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The Constitution prohibits such practices, and there were 
no reports that government officials employed them.
    Prison conditions generally met international standards, and the 
Government permitted visits by independent human rights observers. 
However, during the year, the country's sole prison continued to suffer 
from overcrowding resulting from increased convictions and mandatory 
sentences for firearms and drug related offenses. The prison had 
separate quarters for men, women, juveniles, and pretrial detainees.
    Members of the Palau Red Cross Society, which is affiliated with 
the International Federation of Red Cross and Red Crescent Societies, 
have visited the prison. Government health and sanitation officials 
also inspected the prison regularly.

    d. Arbitrary Arrest or Detention.--The Constitution prohibits 
arbitrary arrest and detention, and the Government generally observed 
these prohibitions.
    The Bureau of Public Safety within the Ministry of Justice is the 
country's primary law enforcement agency, and performs both police and 
emergency response functions. It has a force of approximately 145 
officers. Law enforcement personnel received training both locally and 
in other countries. The police generally were considered effective. 
Since 2000, the overall crime rate has fallen, and investigations, 
prosecutions, and convictions for drug offenses have increased. Police 
corruption and impunity were not major problems. An internal affairs 
officer within the bureau investigates reports of police misconduct. 
There also is a special prosecutor within the Ministry of Justice, with 
authority to investigate reports of misconduct by government employees.
    Warrants for arrests are prepared by the Office of the Attorney 
General and signed by a judge. Detainees had prompt access to family 
members and lawyers. If a detainee could not afford a lawyer, the 
Public Defender or a court appointed lawyer was available. There was a 
functioning system of bail.

    e. Denial of Fair Public Trial.--The Constitution provides for an 
independent judiciary, and the Government generally respected this 
provision in practice.
    The judiciary consists of the Supreme Court, the National Court, 
and the Court of Common Pleas. The President appoints judges to the 
Supreme Court and National Court from a list submitted by the Judicial 
Nominating Commission. Appointments are for life.
    The Constitution provides for the right to a fair trial, and an 
independent judiciary generally enforced this right. The Government has 
an independent special prosecutor and an independent public defender 
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 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 independent media were active and expressed a wide variety of 
views without restriction.
    The Government did not limit Internet access.

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

    c. Freedom of Religion.--The Constitution provides for freedom of 
religion, and the Government generally respected this right in 
practice.
    The Government required religious organizations to obtain charters 
as nonprofit organizations from the Office of the Attorney General. 
This process was not protracted, and the Government did not deny any 
groups charters 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 Constitution prohibits forced exile, and the Government did not 
use it.
    The law does not provide 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 not 
established a system for providing protection to refugees. The issue of 
cooperation with the office of the U.N. High Commissioner for Refugees 
and other humanitarian organizations in assisting refugees never has 
arisen.
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 executive and legislative branches. 
The legislature, the Olbiil Era Kelulau, consists of 2 houses: The 9 
member Senate and the 16 member House of Delegates. Legislators are 
elected by popular vote every 4 years. The President and Vice President 
also are elected every 4 years, and there is no limit on the number of 
their terms, except that the President may serve only two consecutive 
terms. Although there have been political parties in the past, there 
were none during the year. On November 2, President Tommy E. 
Remengesau, Jr. was reelected, and Camsek Chin was elected Vice 
President.
    Government corruption was a problem, which the Government took some 
steps to address. The Special Prosecutor has the authority to 
investigate allegations of corrupt practices. In October, an employee 
of the Koror State Government was charged with cashing for his personal 
use $30,000 in checks intended for the state government. The case was 
still pending at year's end. In 2003, the Special Prosecutor charged 
many legislators (7 senators and all 16 delegates) with misuse of 
government funds. The legislators agreed to pay restitution, including 
civil penalties. In 2003, a state governor served 6 months in jail for 
misuse of state funds.
    In July 2003, the Chairman of the Palau State Public Land 
Authority, a paramount chief, was convicted of assaulting a foreign 
national legal advisor with a baseball bat and sentenced to 3 years' 
imprisonment, with 2 years suspended. The attorney had criticized the 
chief's conduct as Land Authority Chairman. In June, the President 
granted a conditional pardon to the chief that commuted the remaining 
prison sentence and removed the conviction from the public record, 
although he let stand other conditions of the original sentence, 
including damages awarded to the victim. The President stated that he 
considered the views of traditional and political leaders in deciding 
to grant the pardon. At year's end, the chief remained Chairman of the 
Land Authority.
    The Constitution provides for the right of citizens to examine 
government documents and observe official deliberations of any 
government agency, and the Government generally respected this 
provision in practice.
    There are no legal impediments to women's participation in 
government and politics. Women constituted 14 percent of state 
government legislators, down from 16 percent at the end of 2003. There 
were no women in the Olbiil Era Kelulau, and no women served as state 
governors during the year. No women were elected to office in the 
November elections. One of the three associate justices of the Supreme 
Court was a woman. There were 2 members of minorities in the 16-member 
House of Delegates.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    A number of domestic and international human rights groups 
generally operated without government restraint, investigating and 
publishing their findings on human rights issues. Government officials 
were cooperative and responsive to their views.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The Constitution prohibits discrimination on the basis of sex, 
race, place of origin, language, religion or belief, social status, or 
clan affiliation, and the Government generally observed these 
provisions.

    Women.--There were many incidents of violence against women, 
primarily domestic abuse. Alcohol and illegal drug abuse increasingly 
contributed to this problem. According to the Office of the Attorney 
General, the Government's Public Health Office, and women's groups, 
only a few such cases are reported to the authorities. Although assault 
is a criminal offense, women were reluctant to prosecute their spouses.
    The law prohibits rape, including spousal rape, and such crimes 
were not common.
    Prostitution is illegal; however, it was a problem. There were 
reports of women being trafficked to the country from the PRC, Taiwan, 
and the Philippines to work in karaoke bars as hostesses and 
prostitutes (see Section 5, Trafficking). There were no prosecutions 
for prostitution during the year.
    Sex tourism is illegal, and it was not a problem. Sexual harassment 
is illegal and did not appear to be a major problem.
    No information was available on the disposition of two cases 
alleging sexual harassment that were brought in 2003.
    The inheritance of property and of traditional rank is matrilineal, 
with women occupying positions of importance within the traditional 
system. Women serve by presidential appointment as bureau directors for 
human resources and clinical services. There were no reported instances 
of unequal pay for equal work or sex related job discrimination.
    Since 1993, local women's groups have organized an annual women's 
conference that focuses on women's and children's issues, including 
health, education, drug abuse, prostitution, and traditional customs 
and values. Government officials, including the President, Vice 
President, ministers, and traditional chiefs, have participated in the 
conference to discuss these issues. The 11th Annual Women's Conference 
held in April continued its focus on previously discussed issues and 
problems.

    Children.--The Government provided a well funded system of public 
education and medical care for children. There was no difference in the 
treatment of girls and boys in educational opportunities, or in the 
availability of scholarships to attend postsecondary education abroad. 
Education was mandatory from ages 6 to 17; it was free and universal. 
Of the 94 percent of school age children who attended school, 97 
percent finished elementary school, and 78 percent completed high 
school. Girls and boys received equal treatment in health care 
services.
    Although there have been a few instances of child abuse, cases have 
been prosecuted successfully by the Office of the Attorney General. 
Children's rights generally were respected, although there were reports 
of instances of child neglect, which was a byproduct of the breakdown 
of the extended family. Commercial sexual exploitation of children was 
neither accepted within society nor practiced.
    The Annual Women's Conference held in April included discussion of 
children's issues, such as education and the problem of drug abuse 
among youth (see Section 5, Women).

    Trafficking in Persons.--Neither the Constitution nor the law 
specifically prohibits trafficking in persons; however, there are laws 
against slavery, fraud, and prostitution. There were reports of women 
and some men being trafficked to the country from the PRC, Taiwan, and 
the Philippines to work in karaoke bars as hostesses and prostitutes, 
as domestics in private homes, and on construction sites (see Section 
6.c.).
    The Divisions of Immigration and Labor are involved in combating 
trafficking; however, the Government lacked the resources and expertise 
to address the problem in practice. There was no formalized assistance 
available for victims, and victims normally were detained, jailed, or 
deported if they committed a crime such as prostitution. There were no 
NGOs that specifically addressed trafficking.

    Persons With Disabilities.--The National Code includes a Disabled 
Persons' Anti Discrimination Act and a Programs and Services for 
Handicapped Children Act, and the Government enforced the provisions of 
these acts. There was no discrimination reported 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. Most government and business buildings 
had such access. The public schools have established special education 
programs to address problems encountered by persons with disabilities.

    National/Racial/Ethnic Minorities.--The law prohibits noncitizens 
from purchasing land or obtaining citizenship. The rapid increase over 
the past several years in foreign workers, who, according to 2002 
figures, constituted nearly 28 percent of the population and 69 percent 
of the work force, was viewed negatively by a majority of citizens. 
Foreign residents were subjected to some forms of discrimination and 
were targets of petty, and sometimes violent, crimes, as well as other 
random acts against person and property. Foreign residents made 
credible complaints that crimes against noncitizens were not pursued or 
prosecuted by authorities with the same vigor as crimes against 
citizens.
    Certain foreign nationals experienced generalized discrimination in 
employment, pay, housing, education, and access to social services, 
although the law prohibits such discrimination. While precise data was 
lacking, there continued to be anecdotal reports of the abuse of 
foreign workers by employers (see Section 6.e.).
Section 6. Worker Rights
    a. The Right of Association.--The Constitution provides for the 
right of all persons to assemble peacefully and to associate with 
others for any lawful purpose, including the right to join and organize 
labor unions. However, there were no active labor unions or other 
employee organizations; the majority of businesses were small-scale, 
family-run enterprises employing relatives and friends.

    b. The Right to Organize and Bargain Collectively.--There is no law 
concerning trade union organization, including collective bargaining, 
although there are no legal impediments to either. Wages in the cash 
economy were determined by market factors.
    The Constitution does not provide for the right to strike, and the 
Government has not addressed this issue.
    There are no export processing zones.

    c. Prohibition of Forced or Compulsory Labor.--The Constitution 
prohibits slavery or involuntary servitude except to punish crime. The 
law does not prohibit specifically forced or compulsory labor by 
children; however, there were no reports that such practices occurred.
    Instances were reported of foreign workers, particularly domestic 
helpers and unskilled laborers, who were forced to accept jobs 
different from those for which they were recruited. The freedom of 
foreign workers to leave employment situations not to their liking may 
be hindered by verbal threats or the withholding of passports and 
return tickets to the country in which they were recruited.

    d. Prohibition of Child Labor and Minimum Age for Employment.--The 
Constitution states that the Government shall protect children from 
exploitation. There is no minimum age for employment. Children 
typically were not employed in the wage economy, but some assisted 
their families with fishing, agriculture, and other small scale family 
enterprises. By regulation, no foreigner under the age of 21 may be 
admitted into the country for employment purposes, and the Government 
enforced this regulation effectively.

    e. Acceptable Conditions of Work.--The law sets the minimum wage at 
$2.50 per hour. Foreign workers are not included under the minimum wage 
law. It generally was assumed that legislators specifically exempted 
foreign contract workers from the minimum wage law to ensure a 
continued supply of low cost labor in industries that the legislators 
often control. The national minimum wage provided a decent standard of 
living for a worker and family. Anecdotal evidence indicated that 
unskilled workers for commercial firms (usually foreigners) were paid 
only $1.50 to $2.00 per hour. However, foreign workers usually were 
provided, in addition to their wages, basic accommodations and food at 
no or nominal cost. Although these wages were low, the country 
continued to attract large numbers of foreign workers from the 
Philippines and the PRC. There were more than 4,980 foreign nationals 
with work permits in the country; of these, 59 percent were from the 
Philippines, 9 percent from the PRC, and 7 percent from Southeast Asia.
    There is no legislation concerning maximum hours of work, although 
most businesses are closed on either Saturday or Sunday. The Division 
of Labor has established some regulations regarding conditions of 
employment for nonresident workers. The Division may inspect the 
conditions of the workplace and employer provided housing on the 
specific complaint of the employees, but actual enforcement was 
sporadic. Working conditions varied in practice. No law specifically 
gives workers the right to remove themselves from situations that 
endanger their health or safety without jeopardy to their continued 
employment, and no law protects workers who file complaints about such 
conditions.
    Reports of mistreatment of foreign workers by their employers 
continued during the year. The foreign workers most likely to be abused 
were those who worked under contracts as domestic helpers, farmers, 
waitresses, beauticians, hostesses in karaoke bars and massage parlors, 
construction workers, and other semiskilled workers, the majority of 
whom were from the Philippines, the PRC, and Taiwan. The most commonly 
reported abuses included misrepresentation of contract terms and 
conditions of employment, withholding of pay or benefits, substandard 
food and housing, and, at times, physical abuse. In a number of 
instances, local authorities took corrective action when alerted by 
social service and religious organizations to which foreign workers had 
turned for assistance. Nonetheless, foreign workers often were 
reluctant to seek legal redress for fear of losing their employment 
and, thus, permission to remain in the country.

                               __________

                            PAPUA NEW GUINEA

    Papua New Guinea has a federal parliamentary system based on 
universal adult suffrage. Voters elect a unicameral parliament with 109 
members from all 19 provinces and the National Capital District. The 
most recent general elections were held in June 2002; there were 
localized instances of voter intimidation, violence, and influence 
peddling. A coalition government, led by Prime Minister Michael Somare, 
was formed following the election. The judiciary is independent, but 
was hampered by inefficiency.
    The Government has constitutional authority over the Defense Force, 
the Royal Papua New Guinea Constabulary, and the National Intelligence 
Organization. The constabulary maintains internal security, assisted 
from time to time by the Defense Force, including during elections. The 
Defense Force is responsible for external security. 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. Members of the 
constabulary committed a number of serious human rights abuses.
    The economy is market based and relied heavily on agriculture and 
commodity exports. The population was approximately 5.5 million 
according to a 2001 United Nations Development Program (UNDP) estimate, 
and there are more than 800 distinct indigenous languages and tribes. 
Cyclical commodity prices, frequent changes of government complicating 
long-term economic planning, and lack of political will during a number 
of years to implement sound economic policies resulted in persistent 
macroeconomic stagnation. Crime, especially in urban areas, was a 
critical problem. Approximately 85 percent of the population resided in 
isolated rural villages and engaged in subsistence and smallholder 
agriculture. Real gross domestic product has shown negligible growth 
over the past 5 years. Per capita income has steadily declined in 
recent years and was estimated at $740 in 2003. However, the economy 
improved during the year, due primarily to rising commodity prices and 
improved control over government spending, and wages and benefits 
generally kept pace with inflation. In October, a volcano erupted on 
Manam Island, destroying crops and causing villagers in the vicinity to 
flee their homes. During the year, the country received approximately 
$260 million in development assistance from Australia, its largest 
trade partner and aid provider.
    The Government generally respected the human rights of its 
citizens; however, there were serious problems in some areas. Police 
committed arbitrary or unlawful killings, used excessive force when 
arresting and interrogating suspects, and engaged in excessively 
punitive and violent raids. The Government on occasion investigated 
allegations of abuse and prosecuted those believed responsible. Prison 
conditions in several areas continued to be poor. Court understaffing 
reduced court hearings and increased pretrial detention periods. Police 
infringed on citizens' privacy rights. In the past, the Government 
limited freedom of assembly in the form of marches or demonstrations; 
there reportedly were no applications for permits for marches or 
demonstrations during the year. Extensive violence and discrimination 
against women were problems, and child abuse appeared to be a growing 
problem. Discrimination against persons with disabilities persisted, 
and violence among tribes in both urban and rural areas remained a 
serious problem.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Arbitrary or Unlawful Deprivation of Life.--The police killed 
several persons during the year. According to police reports, most 
killings occurred during gunfights with criminal suspects who were 
resisting arrest. There were no reported deaths in custody during the 
year.
    All police shootings are investigated by the police department's 
internal affairs office and reviewed by a coroner's court. If the court 
finds that the shooting was unjustifiable or due to negligence, the 
police officers involved are tried. Families of persons killed or 
injured by police may challenge the coroner's finding in the National 
Court, with the assistance of the Public Solicitor's Office. Cases of 
accidental shootings of bystanders by police during police operations 
are also investigated and reviewed by a coroner's court.
    In the past few years, due to the availability of modern weapons, 
there have been an increasing number of deaths resulting from violent 
tribal conflicts (see Section 5).

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

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The Constitution forbids torture and other cruel or 
degrading treatment or punishment; however, individual members of the 
police frequently beat suspects during arrests, interrogations, and in 
pretrial detention. In March, Wewak police physically assaulted a group 
of village elders when the elders entered the police station to serve a 
court summons. In May, two police officers from Kundiawa were charged 
with raping a 17-year-old girl. In June, a 13-year-old rape victim from 
Manus Island alleged that the police officer investigating her case 
sexually assaulted her. In December, two police officers were charged 
with raping a female detainee in the Mendi station lockup in November. 
Although abuses such as citizens being permitted to beat suspects 
reportedly did not occur during the year, no action was taken against 
offenders from previous years.
    In April, a small group of soldiers used Molotov cocktails to 
destroy several homes and businesses in a Port Moresby suburb in 
response to an ethnically charged altercation with local residents.
    Prison conditions were poor. According to the Minister for 
Correctional Services, at year's end, there were more than 3,300 
detainees, of whom approximately 90 percent were male. During most of 
the year, 15 of the country's 17 jails were operational. The prison 
system suffered from serious underfunding. During most of the year, 
prisons closed because of life-threatening conditions remained closed; 
in October, Bomana prison reopened after undergoing expansion and 
renovations funded by Australia. During the year, the jail in Hawi, 
which had closed in 2002 due to lack of funding, also reopened after 
renovation. Some prisons in urban areas were seriously overcrowded. In 
rural areas, infrequent court sessions and bail restrictions for 
certain crimes exacerbated overcrowding (see Section 1.d.).
    Male and female inmates were housed separately. There were no 
separate facilities for juvenile offenders; however, in some prisons, 
juveniles were provided with separate sleeping quarters. Pretrial 
detainees were not separated from convicted prisoners.
    Prisoners were often confined in crowded conditions in police 
stations. Prison guards' living conditions were as poor as those of the 
prisoners. Prison escapes were common, even from high security 
installations. In November, over 30 prisoners escaped from the police 
lockup in Buka.
    The Government permitted prison visits by human rights observers.

    d. Arbitrary Arrest, Detention, or Exile.--The Constitution 
prohibits arbitrary arrest and detention, and the Government generally 
observed these prohibitions.
    The country has a national police force, the Royal Papua New Guinea 
Constabulary, headed by a commissioner who reports to the Minister for 
Internal Security. A new commissioner was appointed in 2002 and 
replaced much of the police leadership in an effort to address 
corruption and inefficiency; however, corruption and impunity remained 
problems. During the year, some police officials were suspended for 
involvement in corruption or other criminal activity. Police 
effectiveness was impeded both by a serious lack of resources and by 
clan rivalries; within the constabulary, clan members often attempted 
to thwart remedial or disciplinary actions against fellow members of 
their clan. In September, the Minister for Internal Security published 
a highly critical report on the administration and operation of the 
police force. Among other problems, the report cited widespread police 
corruption and abuses, inadequate resources, poor discipline, and lack 
of accountability. The report also recommended a plan of action for 
reforming the institution. The report's publication coincided with the 
launch of the Australian-sponsored Enhanced Cooperation Program, under 
which over 200 Australian Federal Police officers were sent to work 
alongside the constabulary to improve police practices.
    Under the law, to make an arrest, police must have reason to 
believe that a crime was committed, is in the course of being 
committed, or will be committed. A warrant is not required, and police 
made the majority of arrests without one. Citizens may make arrests 
under the same standards as the police, although this was rare in 
practice. Police, prosecutors, or citizens may apply to a court for a 
warrant; however, police normally did so only if they believed it would 
assist them in carrying out an arrest. During the year, there were 
reported instances of politicians directing or bribing police officials 
to arrest or intimidate individuals seen as political enemies or as 
possible whistle-blowers on corruption or misuse or theft of public 
assets.
    Under the law, only National or Supreme Court judges may grant bail 
to persons charged with willful murder or aggravated robbery. In all 
other cases, the police or magistrates may grant bail. Arrested 
suspects have the right to legal counsel, to be informed of the charges 
against them, and to have their arrests subjected to judicial review. 
Access to counsel by detainees was not a problem during the year. Due 
to very limited police and judicial resources and a high crime rate, 
suspects often were held in pretrial detention for long periods of 
time. Pretrial detention is subject to strict judicial review through 
continuing pretrial consultations; however, the slow pace of police 
investigations and occasional political interference or police 
corruption frequently delayed cases for months. Additionally, circuit 
court sittings were infrequent because of a shortage of judges and 
travel funds, delaying both the trial process and the rendering of 
decisions. Some detainees have been held in jail for more than 2 years 
because of the shortage of judges.

    e. Denial of Fair Public Trial.--The Constitution provides for an 
independent judiciary, and the Government generally respected this 
provision in practice. The Supreme Court is the final court of appeal 
and has original jurisdiction on constitutional matters. The National 
Court hears most cases and appeals from the lower district courts 
established at the provincial level. There also are village courts 
headed by lay persons (generally local chiefs, known as ``big-men''), 
who judge minor offenses under both customary and statutory law.
    The legal system is based on English common law. The Constitution 
provides for due process, including a public trial, and the court 
system generally enforced these provisions. Defendants have the right 
to an attorney. The Public Solicitor's office provides legal counsel 
for those accused of ``serious offenses'' who are unable to afford 
counsel. Serious offenses are defined as charges for which a sentence 
of 2 years or more is the norm. Defendants and their attorneys may 
confront witnesses, present evidence, plead cases, and appeal 
convictions. The shortage of judges created delays both in the process 
of trials and in the rendering of decisions (see Section 1.d.). During 
the year, development aid was provided for some training and education 
of the judiciary.
    There were no reports of political prisoners.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The Constitution prohibits such action; however, there 
were instances of abuse. Police raids and searches of the homes or 
settlements of suspected criminals or other wrongdoers often were 
marked by a high level of violence and property destruction. Police 
units operating in highland regions sometimes used intimidation and 
destruction of property to suppress tribal fighting (see Section 5).
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The Constitution provides for 
freedom of speech and of the press, and the Government generally 
respected these rights in practice and did not restrict academic 
freedom. The combined circulation of the two daily English-language 
newspapers was less than 60,000. A weekly newspaper in Melanesian 
Pidgin (the national ``lingua franca'') also was published. All 
newspapers expressed independent coverage, included a variety of 
editorial viewpoints, and reported on controversial issues such as 
alleged abuses by police, cases of alleged corruption by government 
officials, and political opposition views. There was no evidence of 
officially sanctioned government censorship; however, newspaper editors 
complained of intimidation tactics aimed at influencing coverage. In 
November, immigration officials at the international airport seized the 
passport of an Australian journalist conducting research on police 
brutality and illegal logging operations and prevented her from leaving 
the country. The passport was returned after 2 days. Also in November, 
police allegedly seized the camera of a photographer for The National 
newspaper when he tried to photograph an altercation between police and 
a shop owner in Port Moresby.
    The sole domestic television broadcaster, EMTV, was purchased by a 
private Fijian company in December; reception was limited to the 
capital and provincial centers. The two local cable companies were 
independent. The government-owned National Broadcasting Corporation 
operated two radio networks whose effectiveness was limited by 
inadequate funding and deteriorating equipment. Based in Port Moresby, 
a privately owned radio network, NAU-FM, was expanding to other areas 
of the country. There were a small number of local radio stations in 
cities other than Port Moresby.
    Internet access was privately operated and becoming common in 
cities; the Government did not restrict it.

    b. Freedom of Peaceful Assembly and Association.--The Constitution 
provides for freedom of assembly; however, the Government often has 
limited this right in practice. Public demonstrations require police 
approval and 14 days' notice. Police, asserting a fear of violence from 
unruly spectators, rarely gave approval. Police reportedly received no 
requests for such approval during the year.
    The Constitution provides for freedom of association, and the 
Government generally respected this right in practice. Associations 
wishing to open a bank account and conduct financial transactions must 
register with the government. The process of registration was slowed by 
bureaucratic inefficiency, but there was no policy of denying 
registration. International affiliation of church and civic groups was 
permitted freely.

    c. Freedom of Religion.--The Constitution provides for freedom of 
religion, and the Government generally respected this right in 
practice. The Department of Education set aside 1 hour per week for 
religious instruction in the public schools. Religious representatives 
taught the lessons, and parents chose the class their children would 
attend. Children whose parents did not wish them to attend the classes 
were excused.
    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.
    Although a party to the 1951 U.N. Convention Relating to the Status 
of Refugees and its 1967 Protocol, the Government has not enacted 
enabling legislation and has not established a system for providing 
protection to refugees. In practice, the Government provided temporary 
protection to individuals who may not qualify as refugees under the 
1951 Convention or 1967 Protocol.
    During the year, the Government provided protection for several 
hundred persons who fled the Indonesian province of Papua (formerly 
Irian Jaya). Several hundred more lived in informal, unrecognized camps 
adjacent to the border with Indonesia. A reservation to the 1951 
Convention regarding the issuance of travel documents restricted the 
travel of some persons from the Indonesian province of Papua living in 
a refugee camp in the western part of the country. However, during the 
year, approximately 120 persons from Indonesian Papua were moved from a 
refugee camp at Vanimo to a new settlement in the isolated East Awin 
region of Western Province. The U.N. High Commissioner for Refugees 
organized the resettlement, with cooperation from the Government. There 
were no known forced returns of Papuans to Indonesia.
    During the year, the sole detainee at the detention camp on Manus 
Island was released and left the country for Australia. The camp, 
administered by the International Organization for Migration with 
Australian funding, had held asylum seekers interdicted at sea by 
Australia.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The Constitution provides citizens with the right to change their 
government peacefully, and citizens exercised this right in practice 
through periodic, free, and fair elections held on the basis of 
universal suffrage. Voters elect a unicameral parliament with 109 
members from all 19 provinces and the National Capital District. Any 
citizen may stand for election. Because of the large number of 
candidates, some Members of Parliament (M.P.s) have won election with 
less than 10 percent of the total votes cast.
    The most recent general election was held in June 2002. Of the 109 
seats in Parliament, 77 changed hands. Prime Minister Michael Somare 
formed a coalition government following the election. Fraud, voter 
intimidation, theft of ballot boxes, and violence, including rape and 
murder, marred the election in some parts of the country, and the polls 
were declared failed in six electoral districts in the Southern 
Highlands. New elections in those districts, financed by Australia and 
accompanied by very little violence, were held successfully in April 
2003.
    The law provides that a losing candidate may dispute an election 
result by filing a petition with the National Court. Such petitions may 
question actions of the winning candidate and his supporters or allege 
malfeasance by the election officials. The procedure is fair, but time 
consuming and expensive both to initiate and to defend. Following the 
2002 election, 83 such petitions were filed against winning candidates. 
A number of the petitions were successful, and new elections were held 
in those cases.
    In August 2001, the Government signed a peace agreement with 
Bougainville rebels, and progress toward the establishment of an 
autonomous Bougainville government has been made. The Bougainville 
autonomous interim authority was established as a governing body 
pending approval of a new constitution and the holding of elections. In 
December, a new provisional constitution was approved, and elections 
are scheduled for 2005. The U.N. Observer Mission in Bougainville, 
scheduled to close at year's end, was extended for 6 months.
    The weapons-surrender program mandated in the 2001 Bougainville 
peace agreement and carried out under U.N. supervision was declared 
successful and formally concluded in 2003, but the collection of 
weapons continued during the year.
    Corruption at all levels of government was widely perceived to be a 
serious problem, primarily because clan-related obligations continued 
to undermine allegiance to constituents or to the country as a whole. 
According to press reports, in February, the National Capital District 
city manager fired the chief auditor for the National Capital District 
Commission (NCDC) after the auditor conducted an investigation that 
uncovered bribery and other misappropriation of NCDC funds by NCDC 
staff and others. At year's end, the auditor had not been reinstated.
    In November, an M.P. and former minister of public works was 
convicted of failing to account for approximately $535,000 (1.7 million 
kina) in public funds during his 1992-1997 tenure as minister; he was 
acquitted on 31 other misconduct charges on grounds of insufficient 
evidence. In December, he was removed from office.
    During the year, there were media reports of alleged illegal 
payments by private companies to the Attorney General for settling, out 
of court, financial claims by the companies against the Government. In 
September, the Attorney General was charged with two counts of 
improperly authorizing out-of-court settlements and was suspended from 
office; he allegedly assaulted a government official who attempted to 
serve him with documents concerning the suspension. He denied the 
charges and stated his intention to file defamation suits against those 
involved in making the charges against him. Later the same month, he 
was reinstated in office after winning a temporary injunction from the 
National Court. As of year's end, he remained in office, but his 
government employment contract, due to expire in early January 2005, 
had not been renewed.
    No law provides for public access to government information. The 
Government published frequent public notices in national newspapers and 
occasional reports on specific issues facing the Government; however, 
it generally was not responsive to individual requests, including media 
requests, for access to government information.
    One woman was elected to the 109-seat Parliament in the 2002 
elections, compared with 2 in the previous Parliament. She was named 
the Minister for Welfare and Social Development, the only Cabinet 
position held by a woman. There were no female Supreme Court justices 
or provincial governors.
    There were five members of minorities (non-Melanesians) in the 
Parliament. Of these five M.P.s, two were in the Cabinet and two were 
provincial governors.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    There were no official barriers to the formation of human rights 
groups. The Government cooperated with human rights nongovernmental 
organizations (NGOs), both domestic and international, but at times was 
slow in responding to their requests for information. The International 
and Community Rights Advocacy Forum, an umbrella group, concentrated on 
human rights and the environment during the year.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The Constitution provides for equal protection under the law 
irrespective of race, tribe, place of origin, political opinion, color, 
creed, religion, or sex. Despite these constitutional and other legal 
provisions, women often faced discrimination. Geographic diversity 
prevents any one tribe or clan from dominating the country. Successive 
governments, based on loose coalitions, have consistently avoided 
favoring any group. Skirmishes and conflicts tended to be based on 
disputes between clans over issues such as boundaries, land ownership, 
and injuries and insults suffered by one clan at the hands of another; 
they were not ethnically based.

    Women.--Violence against women, including domestic violence and 
gang rape, was a serious and prevalent problem. Domestic violence was 
common and is a crime. However, since most communities viewed domestic 
violence as a private matter, few victims pressed charges and 
prosecutions were rare. Traditional village mores, which served as 
deterrents, were weakening and were largely absent when youths moved 
from their village to a larger town or to the capital. Although rape is 
punishable by imprisonment and sentences were imposed on convicted 
assailants, few rapists were apprehended. The willingness of some 
communities to settle incidents of rape through material compensation 
rather than criminal prosecution made the crime difficult to combat. In 
December, the Madang provincial governor was charged with raping a 17-
year-old high school student during the National Governors' Conference 
in September. The case had not gone to trial by year's end.
    Violence committed against women by other women frequently stemmed 
from domestic disputes. In areas where polygyny was still customary, an 
increasing number of women were charged with the murder of another of 
their husband's wives. According to one report, 65 percent of women in 
prison were there for attacking or killing another woman.
    In August, the head of the National Council of Women called for 
stronger criminal penalties for perpetrators of violent acts against 
women.
    The Constitution and laws have provisions for extensive rights for 
women dealing with family, marriage, and property issues. Some women 
have achieved senior positions in business, the professions, and the 
civil service. However, traditional discrimination against women 
persisted. Many women, even in urban areas, were considered second-
class citizens. Village courts tended to impose jail terms on women 
found guilty of adultery, while penalizing men lightly or not at all. 
Circuit riding National Court justices frequently annulled such village 
court sentences. By law, a district court must endorse orders for 
imprisonment before the sentence is imposed. Polygyny and the custom in 
many of the country's tribal cultures of paying a bride price tended to 
reinforce the view that women were property. In addition to the 
purchase of women as brides, women also sometimes were given as 
compensation to settle disputes between clans. The courts have ruled 
that such settlements denied the women their constitutional rights.
    According to statistics published in the UNDP's 1999 country report 
on human development, women were gaining rapidly in literacy and 
education. Adult literacy rose to 73 percent; 65 percent of women were 
literate, compared with 86 percent of men. However, there were 
approximately 15 percent fewer girls in primary schools than boys. 
According to Ministry of Health statistics, the maternal mortality rate 
was 370 deaths per every 100,000 live births during the period 1985-
1997.
    Prostitution is illegal; however, the laws were not enforced and 
the practice was widespread. There were no reports of sex tourism 
during the year. Sexual harassment is not illegal, and it was a 
widespread problem. There is an Office of Women's Affairs in the Office 
of Church and Family Services of the Ministry of Provincial Affairs; 
however, due to funding constraints, it was not active during the year, 
and it had little effect on the Government's policy toward women.

    Children.--Independent observers generally agreed that the 
Government did not dedicate significant resources to protecting the 
rights and welfare of children. Religious and secular NGOs operated 
programs to protect and develop youth and children. In the past, 
children were well cared for within the family and under traditional 
clan and village controls; however, preliminary, small-scale studies 
indicated that this situation has changed over the last decade, 
especially in areas where households have become isolated from the 
extended family support system and depend on the cash economy for a 
livelihood.
    According to a report prepared by the Government and UNICEF, sexual 
abuse of children was believed to be frequent. There were some cases of 
commercial sexual exploitation of children in urban areas. Many 
villages were geographically isolated, and malnutrition and infant 
mortality rates were very high. Nearly 70 of every 1,000 children born 
did not survive their first year. Primary education was not free, 
compulsory, or universal; substantial fees were charged. In 1999, the 
Asian Development Bank reported a primary school enrollment rate of 91 
percent for boys and 78 percent for girls; many children did not 
progress further. Government-provided free medical care for citizens, 
including children, was no longer available due to budget cuts and 
deteriorating infrastructure, particularly in rural areas. Many 
children did not have effective medical care.

    Trafficking in Persons.--Although the Constitution does not 
prohibit trafficking in persons, there was no evidence that persons 
were trafficked to, from, or within the country. However, over the last 
5 years, the Government investigated allegations of corruption among 
officials dealing with passport issuance and immigration. These 
allegations centered on the organized circumvention of immigration 
controls; often this involved the issuance outside of regulations of 
residence and work permits for Chinese or South Asian nationals 
migrating to the country. Nevertheless, there was concern that the 
country may be used as a route for trafficking in persons to Australia.

    Persons With Disabilities.--Through the National Board for the 
Disabled, the Government provided funds to a number of NGOs that 
provided services to persons with disabilities. The Government did not 
provide programs or services directly. Apart from the traditional clan 
and family system, services and health care for persons with 
disabilities did not exist in several provinces. There was no 
legislation mandating accessibility to buildings. Persons with 
disabilities faced discrimination in education, training, and 
employment. Most persons with disabilities did not find training or 
work outside the family structure. The Government provided free 
consultation and treatment for persons with mental disabilities; 
however, such services were rarely available outside major cities.

    National/Racial/Ethnic Minorities.--Centuries-old animosities among 
isolated tribes, a persistent cultural tradition of revenge for 
perceived wrongs, and the lack of police enforcement sometimes resulted 
in violent tribal conflict in the highland areas. In the last few 
years, the number of deaths resulting from such conflicts has risen due 
to the availability of modern weapons.

    Other Societal Abuses and Discrimination.--The AIDS/HIV Management 
and Protection Act, which came into effect during the year, makes it 
illegal to impede the access of any person to goods or services for 
protection against HIV infection, including relevant medical care and 
information; prohibits the termination of employees because of AIDS/HIV 
status; gives the Ombudsman and the courts authority to deal with 
unlawful discrimination against persons with AIDS/HIV; and provides for 
criminal penalties for intentional transmission of the HIV virus. There 
were no reports of government discrimination against persons with AIDS/
HIV; however, there was a strong societal stigma attached to AIDS/HIV 
infection, and there were reports that companies have separated HIV 
positive employees after learning of their condition. In July, a woman 
from Ketarobo village reportedly was beaten and burned by fellow 
villagers because she had AIDS, and died after being taken to a 
hospital in a nearby town.
Section 6. Worker Rights
    a. The Right of Association.--The law provides for the right to 
form and join labor unions, subject to registration by the Department 
of Industrial Relations. The Government did not use registration to 
control unions; however, an unregistered union has no legal standing 
with the Department of Labor and Employment or before the courts and 
thus cannot operate effectively. About half of the 250,000 wage earners 
in the formal economy were organized and were members of approximately 
50 trade unions. Most of the unions representing private-sector workers 
were associated with the Trade Unions Congress. The Public Employees 
Association represented an estimated 23,000 persons employed by 
national, provincial, and municipal governments, or one-third of the 
public sector work force. The law prohibits anti-union discrimination 
by employers against union leaders, members, and organizers; however, 
it was enforced selectively. Unions were independent of the Government 
and of political parties.

    b. The Right to Organize and Bargain Collectively.--The 
Constitution provides for the right to engage in collective bargaining 
and to join industrial organizations, and workers exercised these 
rights in practice. Under the law, the Government has discretionary 
power to cancel arbitration awards or declare wage agreements void when 
they are contrary to government policy. The International Labor 
Organization criticized this law. The Department of Industrial 
Relations and the courts are involved in dispute settlement. Wages 
above the minimum wage are set through negotiations between employers 
and employees or their respective industrial organizations.
    The Constitution provides for the right to strike, and there were 
no government efforts to hinder either public- or private-sector unions 
from exercising this right. The law prohibits retaliation against 
strikers; however, it was not always enforced. Employees of some 
government-owned enterprises went on strike on several occasions during 
the year, primarily to protest against privatization policies. These 
strikes were brief and ineffective.
    There are no export processing zones.

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

    d. Prohibition of Child Labor and Minimum Age for Employment.--The 
Employment Act establishes the minimum working age as 18. However, 
children between the ages of 11 and 18 may be employed in a family-
related business or enterprise provided they have parental permission, 
a medical clearance, and a work permit from a labor office. This type 
of employment was rare, except in subsistence agriculture.

    e. Acceptable Conditions of Work.--The Minimum Wage Board, a quasi-
governmental body with labor and employer representatives, sets minimum 
wages for the private sector. The national youth wage, for new entrants 
into the labor force between 16 and 21 years of age, was set at 75 
percent of the adult minimum wage. Although it is above the national 
per capita income, the adult minimum wage of $6.55 (22.96 kina) per 
week, unchanged since 1992, did not provide a decent standard of living 
for a worker and family who lived solely on the cash economy. During 
the year, as has been the case annually for nearly a decade, the 
Minimum Wage Board recommended a large increase in the minimum wage; 
however, the Government disagreed, and no increase was implemented.
    The law regulates minimum wage levels, allowances, rest periods, 
holiday leave, and overtime. Although the Department of Labor and 
Employment and the courts attempted to enforce the minimum wage law, 
enforcement was not effective. The law limits the workweek to 42 hours 
per week in urban areas and 44 hours per week in rural areas. The law 
provides for at least one rest period of 24 consecutive hours every 
week; however, enforcement was lax. Enforcement of the Industrial 
Health and Safety Law and related regulations is the responsibility of 
the Department of Labor and Employment. The law requires that work 
sites be inspected on a regular basis; however, due to a shortage of 
inspectors, inspections took place only when requested by workers or 
unions. Workers' ability to remove themselves from hazardous working 
conditions varied by workplace. Unionized workers had some measure of 
protection in such situations.
    The law protects legal foreign workers. The few illegal foreign 
workers lacked full legal protection.

                               __________

                              PHILIPPINES

    The Philippines is a democratic republic with an elected president, 
an elected bicameral legislature, and a fractious, but functioning 
multiparty system. Although the executive traditionally sets the 
political agenda, the legislature plays an active role in policy 
formation. On May 10, approximately 74 percent of registered Filipinos 
voted in national elections for president and both houses of Congress, 
and for provincial- and local-level officials. President Gloria 
Macapagal Arroyo won the presidential election, and her allies took the 
most seats in Congress. The election was marred by violence, and there 
were many charges of vote buying. Slow counting of votes also led to 
serious allegations of electoral fraud and disenfranchisement. The 
Constitution provides for an independent judiciary; however, the 
judicial system suffered from corruption and inefficiency.
    The President is Commander-in-Chief of the Armed Forces of the 
Philippines (AFP). The Department of National Defense directs the AFP, 
and the Department of Interior and Local Government has authority over 
the civilian Philippine National Police (PNP). The AFP, which has 
primary responsibility for counterinsurgency operations, also has 
duties in traditional law enforcement efforts, including the pursuit of 
kidnappers, whose actions remained a chronic criminal problem. Local 
civilian militias help provide security in certain conflict areas. The 
civilian authorities generally maintained effective control of the 
security forces; however, some elements of the security forces, 
including police, soldiers, and local civilian militias, committed 
human rights abuses. Since the 1986 overthrow of the Marcos regime, 
some elements of the armed forces have undertaken extra-constitutional 
actions, including coup attempts. There continued to be occasional 
rumors of coup plotting.
    The country has a market-based, mixed economy. The service sector 
accounted for approximately 47 percent of gross domestic product, the 
industrial sector 33 percent, and agriculture 20 percent. However, 
agriculture accounted for approximately 37 percent of total employment. 
Overseas worker remittances, estimated at more than $7.6 billion per 
year, and tourism were important sources of foreign exchange. The 
population is estimated at 84 million, with an annual growth rate of 
2.36 percent. According to the most recent Family Income and 
Expenditure Survey, the richest 30 percent of families earned 66.3 
percent of national income, while the poorest 30 percent received 
approximately 8 percent. Approximately 40 percent of the population 
lived beneath the poverty threshold of $255 per year. Poverty was more 
severe in rural areas, with an estimated 49 percent of the rural 
population unable to meet basic needs. Environmental problems include 
rapid deforestation, damage to coral reefs and fish stocks, and 
significant water and air pollution.
    The Government generally respected the human rights of its 
citizens; however, there were serious problems in some areas. Some 
elements of the security services were responsible for arbitrary, 
unlawful, and, in some cases, extrajudicial killings; disappearances; 
torture; and arbitrary arrest and detention. The physical abuse of 
suspects and detainees remained a problem, as did police, 
prosecutorial, and judicial corruption. As in past years, the 
constitutionally mandated Commission on Human Rights (CHR) described 
the PNP as the worst abuser of human rights. Police and local 
government leaders at times appeared to sanction extrajudicial killings 
and vigilantism as expedient means of fighting crime and terrorism. 
Prison conditions were harsh. Judges and prosecutors remained poorly 
paid, overburdened, and susceptible to corruption and the influence of 
the powerful; they often failed to provide due process and equal 
justice. Long delays in trials were common. The Supreme Court undertook 
efforts to ensure speedier trials and to sanction judicial malfeasance, 
and is in the midst of a 5-year program to increase judicial branch 
efficiency and raise public confidence in the judiciary. Despite 
efforts by reformist leaders in all three branches of the Government to 
strengthen the rule of law and the protection of human rights, a 
pervasive weakness in the rule of law contributed to a widely held 
belief that official justice is beyond reach. Some local military and 
police forces harassed human rights activists. Violence against women 
and abuse of children continued to be problems. Societal discrimination 
against Muslims persisted. The law provides for worker rights, but its 
implementation and enforcement were not always effective. Child labor 
continued to be a problem. The use of underage workers in domestic 
service persisted. Child prostitution continued to be a problem, as did 
trafficking in women and children.
    A long-standing, nationwide Communist insurgency continued to 
operate in various regions of the country; its military arm, the 
terrorist New People's Army (NPA), committed numerous human rights 
violations, including political assassinations, kidnappings, and 
torture. The small, terrorist Abu Sayyaf Group (ASG) committed some 
kidnappings and killings of hostages and local residents. The NPA and 
ASG continued to use children both as soldiers and as noncombatants.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Arbitrary or Unlawful Deprivation of Life.--Police forces and 
anti-government insurgents committed a number of arbitrary and unlawful 
killings. The CHR investigated 130 complaints of killings between 
January and September, down from 201 complaints for the same period in 
2003. The CHR included killings by anti-government insurgents in its 
investigations, though the majority of the cases involved the security 
forces and local officials. The nongovernment organization (NGO) Task 
Force Detainees of the Philippines (TFDP) documented six instances of 
summary executions of civilians by government forces and insurgents 
through June, the same number of cases as last year; however, the 
number of victims--eight, is two more than for the same period in 2003.
    In combating criminal organizations, security forces sometimes 
resorted to the summary execution of suspects, or ``salvaging.'' Police 
and military spokesmen at times explained these killings as the 
unavoidable result of a shoot-out with suspects or escapees. Statements 
by various local government officials have condoned extrajudicial 
killings as an acceptable means to fight crime. The CHR suspected PNP 
members in a majority of the human rights violations involving deaths 
that it investigated through June.
    On November 16, security forces fired into a crowd of striking 
workers at a sugar plantation in Tarlac Province, killing an estimated 
12 persons and wounding more than 100. Two children were asphyxiated by 
tear gas used as a crowd-control measure. The Government condemned the 
killings, and the PNP removed the regional and provincial police 
chiefs. At year's end, investigations of the incident were underway.
    Summary killings by vigilante groups continued to rise in Davao 
City, Mindanao, where the mayor was alleged to be linked to the 
vigilantes. Most of the victims were suspected of involvement in 
illegal drug trade or other criminal activities. According to TFDP, 67 
suspected criminals were killed in Davao between January and August, 
though it is unclear how many of these deaths may be the result of 
common crime, as opposed to vigilante-style slayings. No witnesses have 
come forth to testify in any of these killings.
    On August 24, two gunmen on motorcycles shot and killed a well 
known human rights activist, Jacinto ``Rashid'' Manahan, on a street in 
Davao. National media decried the killing, which many news sources 
ascribed to the vigilantes alleged to be responsible for other killings 
in Davao during the year.
    After waiting for over 2 years for family members to claim the 
remains of 49 slain persons, authorities in Zamboanga, Mindanao, 
decided to bury these victims of various execution-style killings. 
Residents said that no one would come forward to talk to the 
authorities about the remains for fear of reprisal from police, 
soldiers, or vigilante groups all suspected by the local citizens to 
have been involved in these murders.
    The April 2003 Mindoro Oriental case of abduction and killing of 
two members of a team of human rights advocates, allegedly by AFP 
soldiers, resulted in no charges. A joint investigation by the National 
Bureau of Investigation (NBI) and Department of Justice (DOJ) resulted 
in no charges against the head of the army unit assigned to maintain 
peace and order in the region, Colonel Jovito S. Palparan, Jr. Palparan 
subsequently was promoted to brigadier general, although the CHR, which 
has non binding authority to clear on military promotions, withdrew its 
clearance on his promotion.
    In February, three human rights workers were allegedly killed by 
the military in Mindoro Oriental. Also in February, another similar 
killing was reported in Mindoro Occidental.
    In recent years, there have been deaths as a result of military 
hazing (see Section 1.c.). On June 16, a PNP cadet died allegedly from 
maltreatment while on training. His family requested an investigation 
by the NBI, but, by year's end, no investigation had been launched.
    Government forces killed a number of civilians during domestic 
conflicts with the Moro Islamic Liberation Front (MILF) and the 
terrorist groups ASG and NPA (see Section 1.g.).
    Journalists were also targets for murder. During the year, 10 
journalists were killed in work-related slayings according to the 
Criminal Investigation and Detection Group Task Force ``Newsmen.'' No 
one was convicted in these cases during the year, nor in the more than 
50 other journalist killings since 1988 (see Section 2.a.).
    On June 7, at least 10 armed men shot and killed the police chief 
of Angat, Bulacan, in an ambush. The NPA claimed responsibility for the 
attack, stating that its assassins had killed the police chief because 
of his ``anti-revolutionary operations'' and for leading several 
operations against the NPA and monitoring the movement of rebels in 
Angat.
    According to the PNP, there were 192 incidents of election related 
violence between January 1 and May 26, resulting in 121 deaths and 208 
injuries, fewer violent instances than the last election year, 2001, 
but more casualties, including a higher number of candidates who were 
victims. The pre-election period was more violent than election day or 
the post-election period. In general, violent activity took place in 
connection with local level contests, and stemmed from long standing 
rivalries. Observers noted more violence in Mindanao than the rest of 
the country, ranging from pre-election intimidation to killings on 
election day. While the NPA was often mentioned as a security threat 
during the campaign period, there were few reports of NPA-related 
violence.
    Judges continued to be assaulted and killed in the line of duty. 
During the year, three judges were murdered. Two of the cases remained 
under investigation, and criminal charges were filed in the third case. 
A feud between two indigenous tribes appeared to be the motive in the 
latter case. As of September, there were nine outstanding cases of the 
killing of judges pending--five still under investigation and four 
already filed in court.
    There were no developments in the 2002 bombing case in Datu Piang, 
Mindanao.
    In August, as a confidence-building measure to facilitate possible 
government-MILF peace talks, the Government dropped criminal charges 
against 185 MILF leaders and members for the 2003 Davao airport and 
seaport bombings. The Government continued to hold in jail five MILF 
members whom it believed were directly involved in the bombing.
    The terrorist ASG continued to kidnap and torture civilians and 
(see Section 1.b.). Unlike last year, there were no reports of 
beheadings of civilians.
    Communist insurgents, mainly from the NPA, killed political 
figures, military and police officers, and civilians, including 
suspected military and police informers and foreign tourists. Peace 
negotiations between the Government and the political arm of the 
Communist Party, the National Democratic Front (NDF), made no 
significant progress.

    b. Disappearance.--Government forces were believed to be 
responsible for disappearances. The domestic NGO Families of Victims of 
Involuntary Disappearances (FIND) reported 18 disappearances between 
January 1 and September 8, 3 fewer than in the full year of 2003. FIND 
suspected government security forces in each of these cases. As of 
September 8, 8 of the victims had been found alive in detention, while 
10 remained missing.
    The courts and police failed to address adequately complaints of 
victims' families concerning past disappearances in which government 
security forces were suspected. Disappearance itself is not a crime 
under the law; evidence of a kidnapping or killing is required in order 
for charges to be filed. FIND and Amnesty International's (AI) Manila 
office continued to support the efforts of victims' families to press 
charges; however, in most cases, evidence and documentation were 
unavailable. Convictions were rare, and FIND reported that only 14 
cases were pending in court at year's end. Judicial inaction on the 
vast majority of disappearances contributed to a climate of impunity 
that continued to undermine public confidence in the justice system.
    In July, authorities arrested Ibno Alih Ordonez, a suspected 
commander of the terrorist ASG, on charges of kidnapping dozens of 
people, some of whom were tortured to death. The Government had offered 
a $17,900 (P1 million) bounty for his capture.
    On August 18, 10 armed men reportedly abducted 3 members of the 
left-wing political party, Bayan Muna, in Manila. Bystanders reportedly 
were informed that the incident was related to an operation against 
suspected bank robbers. The local police station had no record of 
arrested persons. As of September 8, efforts to locate the missing 
victims had been unsuccessful. FIND believes the Intelligence Service 
of the Armed Forces of the Philippines (ISAFP) was responsible for the 
incident.

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The Constitution prohibits torture, and evidence obtained 
through its use is inadmissible in court; however, members of the 
security forces and police routinely abused and sometimes tortured 
suspects and detainees. The CHR provides the police with mandatory 
human rights training, including primers on the rights of suspects, and 
higher level PNP officials appeared receptive to respecting the human 
rights of detainees; however, rank-and-file awareness of the rights of 
detainees remained inadequate.
    The TFDP stated that torture remained an ingrained part of the 
arrest and detention process. Common forms of abuse during arrest and 
interrogation reportedly included striking detainees and threatening 
them with guns. Less common forms included the placing of plastic bags 
over heads to deprive detainees of air. The TFDP reported that 
arresting officers often carried out such beatings in the early stages 
of detention.
    Within the AFP, the CHR observed greater sensitivity to the need to 
prevent human rights violations. CHR is required to certify that any 
officer being considered for promotion does not have a history of human 
rights violations (see Section 4); however, a negative CHR finding does 
not preclude promotion. The CHR also vets PNP officers at the senior 
superintendent level (equivalent to full colonel). Nevertheless, abuses 
still occurred. Human rights activists complained of abuses by security 
forces against suspected ASG and NPA members in captivity. According to 
the Moro Human Rights Center, members of the AFP beat ASG suspects.
    According to the TFDP, members of the AFP held a 50-year-old 
resident of Parang, Maguindanao, naked in a secluded room where they 
beat, applied electric shock, and threatened to maim and kill him while 
attempting to extract a confession of involvement in the January 4 
bombing there.
    From January to June, the TFDP reported 8 cases of torture, 
involving 21 victims, down from 11 cases for the same period last year.
    On November 16, police fired into a crowd of striking sugar 
plantation workers, killing an estimated 12 and wounding more than 100 
(see Section 1.a.).
    Prisons frequently lacked basic infrastructure, and conditions were 
harsh. Provincial jails and prisons were overcrowded, had limited 
exercise and sanitary facilities, and provided prisoners with an 
inadequate diet. The Government reported that jails in the metropolitan 
Manila area were operating at 323 percent of capacity. The intensified 
campaign against illegal drugs caused a significant upsurge in the 
inmate population, and only 3.5 percent of detainees were able to post 
bail. Administrators budgeted a daily subsistence allowance of about 
$0.63 (P35) per prisoner. Prison inmates often depended on their 
families for food because of the insufficient subsistence allowance and 
the need to bribe guards to receive food rations.
    As a result of the overcrowding, some inmates took turns sleeping, 
and others slept on their feet. The slow judicial process exacerbated 
the problem. Some prison wardens reportedly allowed wives or children 
to move in with inmates or stay in the prison compound because they 
could help feed the prisoners. Lack of potable water and poor 
ventilation continued to cause health problems in jails.
    According to Department of Interior and Local Government records, 
there were an estimated 57,824 inmates in overcrowded detention centers 
nationwide.
    According to regulation, male and female inmates are to be held in 
separate facilities, and, in national prisons, overseen by guards of 
the same sex; however, there have been anecdotal reports that these 
regulations were not uniformly enforced. In provincial and municipal 
prisons, male guards sometimes supervised female prisoners directly or 
indirectly. Although prison authorities attempted to segregate 
children, in some instances, they were held in facilities not fully 
segregated from adult male inmates. In Bureau of Immigration (BI) 
detention facilities, male and female inmates were segregated by sex, 
but male guards oversaw both sexes.
    There were reports of widespread corruption among guards. Guards 
demanded that prisoners pay to receive food, to use sanitary 
facilities, and to avoid beatings by other prisoners. Jail 
administrators reportedly delegated to senior inmates authority to 
maintain order. The CHR and TFDP reported that beatings by prison 
guards and other inmates were common but that prisoners, fearing 
retaliation, refused to lodge complaints. Corruption appeared to be a 
problem at higher levels of authority within the prison system as well. 
Favored inmates reportedly enjoyed access to outside contacts, enabling 
them to have access to prostitutes and drugs.
    There were reports that guards abused prisoners. In 2001, AI 
reported that women in police custody were particularly vulnerable to 
sexual and physical assault by police and prison officials. Victims 
often were afraid to report incidents (see Section 5). Some detainees 
at BI detention centers reportedly gained release by making cash 
payments to guards.
    Through December 15, the PNP recorded a total of 35 successful 
prison escapes encompassing 115 prisoners. Of the escapees, 54 remained 
at large, while 61 were recaptured. Police blamed the escapes on 
lenient security and the poor quality of detention facilities.
    International monitoring groups, including the ICRC, were allowed 
free access to jails and prisons.

    d. Arbitrary Arrest or Detention.--The Constitution requires a 
judicial determination of probable cause before issuance of an arrest 
warrant and prohibits holding prisoners incommunicado or in secret 
places of detention; however, in a number of cases, police arrested and 
detained citizens arbitrarily. From January through July, the TFDP 
documented 38 cases of illegal arrest and detention involving 310 
victims.
    Detainees have the right to a judicial review of the legality of 
their detention and, except for offenses punishable by a life sentence 
or death (when evidence is strong), the right to bail. Authorities are 
required to file charges within 12 to 36 hours of arrests made without 
warrants, depending on the seriousness of the crime. Due to the slow 
judicial process, lengthy pretrial detention remained a problem (see 
Section 1.e.).
    The 113,000-member PNP has deep-rooted institutional deficiencies. 
The National Police Directorate for Investigation and Detective 
Management reported that 69 erring policemen were dismissed from 
service from January through October. Of the 1,343 administrative cases 
filed against PNP officers and personnel, 638 were resolved, 352 were 
still under preliminary investigation, and 353 underwent summary 
hearings.
    On July 5, five men belonging to the 80th Infantry Battalion of the 
Philippine Army but dressed in civilian clothing arrested a community 
organizer in Montalban, Rizal Province. Four days later, a Quick 
Response Team mission headed by FIND located him at the Montalban 
Police Station. The arrestee, who had never been charged with a crime, 
was released after the response team arrived.
    Various human rights NGOs maintained lists of incarcerated persons 
they alleged to be political prisoners; estimates usually ranged from a 
few to over 200. Typically there was no distinction in these lists 
between detainees and prisoners, and the majority of persons on these 
lists have not been convicted (see Section 1.e.).
    The NPA, as well as some Islamic insurgent groups, were responsible 
for a number of arbitrary detentions, often in connection with informal 
courts set up to try military personnel, police, local politicians, and 
other persons for ``crimes against the people'' (see Section 1.e.).

    e. Denial of Fair Public Trial.--The Constitution provides for an 
independent judiciary; however, the judicial system suffered from 
corruption and inefficiency. Personal ties and sometimes venality 
undermined the commitment of some government employees to ensure due 
process and equal justice. The result was impunity for some wealthy and 
influential offenders and widespread skepticism that the judicial 
process would produce fair outcomes.
    Judges continued to be assaulted and killed in the line of duty 
(see Section 1.a.).
    The national court system consists of four levels: Local and 
regional trial courts; a national Court of Appeals divided into 17 
divisions; a 15-member Supreme Court; and an informal local system for 
arbitrating or mediating certain disputes outside the formal court 
system. The ``Sandiganbayan,'' the Government's anticorruption court, 
hears criminal cases brought against senior officials. A Shari'a 
(Islamic law) court system, with jurisdiction over domestic and 
contractual relations among Muslim citizens, operates in some Mindanao 
provinces.
    The Constitution provides that those accused of crimes be informed 
of the charges against them, have the right to counsel, and be provided 
a speedy and public trial. Defendants are presumed innocent and have 
the right to confront witnesses against them, to present evidence, and 
to appeal convictions. The authorities respected the right of 
defendants to be represented by a lawyer, although poverty often 
inhibited a defendant's access to effective legal representation. 
Skilled defense lawyers staffed the Public Attorney's Office (PAO), but 
their workload was large and resources were scarce. The PAO provides 
legal representation for all indigent litigants at trial; however, 
during arraignment, courts may at their option appoint any lawyer 
present in the courtroom to provide counsel to the accused.
    According to the Constitution, cases should be resolved within set 
time limits once submitted for decision: 24 months for the Supreme 
Court; 12 months for the Court of Appeals; and 3 months for lower 
courts. However, these time limits are not mandatory, and, in effect, 
there are no time limits for trials.
    The judicial system was unable to ensure expeditious trials for 
detained persons. The average trial takes about 2 years. Progress is 
impeded due to lengthy delays between hearings and the fact that trials 
are not heard all at once, but in short sessions over time and as 
witnesses become available. Furthermore, there was a widely recognized 
need for more prosecutors, judges, and courtrooms. Of the total 2,130 
trial court judgeships (including Shari'a courts), 688 or 32 percent 
were vacant, slightly lower than last year's 717 vacancies or 34 
percent. Courts in Mindanao and other poorer provinces had higher 
vacancy rates than the national average. Shari'a court positions were 
particularly difficult to fill because of the requirement that 
applicants be members of both the Shari'a Bar and the Integrated Bar.
    Although Shari'a courts do not have criminal jurisdiction, the MILF 
asserted that its Islamic law courts do. The NPA continued to subject 
military personnel, police, local politicians, and other persons to its 
so-called courts for ``crimes against the people.'' The NPA executed 
some of these ``defendants.''
    International and domestic NGOs criticized many court proceedings 
that resulted in death sentences, stating that the judicial system did 
not ensure the rights of defendants to due process and legal 
representation. At times, defendants in death penalty cases lacked 
adequate legal representation at the time of arrest, indictment, or 
trial. By law, the Supreme Court reviews all death sentences. The 
President lifted a 3-year moratorium on the application of the death 
sentence in July 2003; however, no executions have been carried out.
    Various human rights NGOs maintained lists of incarcerated persons 
they alleged to be political prisoners; estimates usually ranged from a 
few to over 200. Typically there was no distinction in these lists 
between detainees and prisoners, and the majority of persons on these 
lists have not been convicted. Some face murder, kidnapping, and other 
serious charges, while others were charged with lesser offenses such as 
possession of drugs or firearms. Some NGOs asserted that it was 
frequent practice to make politically motivated arrests of persons for 
common crimes and to continue to detain them after their sentences 
expired. Often it was difficult to distinguish between persons possibly 
incarcerated for political reasons and those for common crimes. The 
Government used NGO lists as one source of information in the conduct 
of its pardon, parole, and amnesty programs, but it did not consider 
the persons listed to be political detainees or prisoners. As a 
goodwill gesture to the Communist Party of the Philippines and the NDF, 
the Government released 10 persons whom NGOs claimed were political 
prisoners in May, in addition to three female prisoners released 
earlier. The Government has publicly committed itself to releasing more 
prisoners on this list. Through July, the Office of the President 
returned to the Board of Pardons and Parole 58 requests for 
presidential action, with instructions to restudy the cases. Of these, 
31 were granted partial or full pardon.
    The Government permitted access to alleged political prisoners by 
international humanitarian organizations.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The Constitution provides that a judge may issue 
search warrants on a finding of probable cause; however, while the 
Government generally respected restrictions on search and seizure 
within private homes, searches without warrants occurred. Judges 
declared evidence obtained illegally to be inadmissible.
    The Government generally respected the privacy of its citizens; 
however, leaders of Communist organizations complained of what they 
described as a pattern of surveillance on their activities.
    Forced resettlement of urban squatters, who made up at least 30 
percent of the urban population, continued during the year, although to 
a lesser extent than in previous years. A few pockets of urban informal 
settlers were forcibly relocated temporarily while resettlement 
projects were being developed and implemented in Metro Manila. The law 
provides certain protections for squatters; eviction was often 
difficult, especially because politicians recognized squatters' voting 
power. Government relocation efforts were constrained by budget 
problems, and the issuance of land titles to squatters targeted by 
displacement was limited.
    Although the Government itself did not use forced conscription, 
there were reports of forced conscription in southern Mindanao into 
local indigenous peoples' paramilitary units with links to the AFP. The 
AFP denied these allegations. Reports of abuses by vigilante groups in 
southern Mindanao continued throughout the year. Some suspected that 
local government officials or members of the armed forces supported the 
vigilante groups.

    g. Use of Excessive Force and Violations of Humanitarian Law in 
Internal Conflicts.--Some citizens groups complained that the AFP, in 
confronting the terrorist ASG, the NPA, and the separatist MILF, 
illegally detained citizens, torched houses, displaced residents, and 
shelled villages suspected of being ASG strongholds. The AFP defended 
its actions (see Sections 1.a., 1.d., and 2.d.).
    In February, the CHR conducted forensic examinations of persons 
killed in reported exchanges of gunfire in the Western Police District 
in Metro Manila. The examinations indicated that some of these persons 
had been shot in the back. Based on these findings, the CHR concluded 
that police in the Western District had committed extrajudicial 
killings.
    In March, NPA fighters ambushed PNP officers; the PNP unit 
allegedly returned fire without regard to three civilians who were 
caught in the crossfire. The three were killed during the incident.
    In November, an interagency human rights organization fact-finding 
team concluded that AFP soldiers had executed two teenage boys in 
Catarman, Northern Samar. The Army claimed that the boys had been 
caught in crossfire.
    In April, two minors were shot and injured when the National Anti-
Kidnapping Task Force mistook them for rebels. The two girls were 
passengers in a car driven by another teenager that turned back from a 
police checkpoint rather than try to pass through.
    According to the Department of Social Welfare and Development 
(DSWD), some persons displaced from conflict areas in Mindanao were 
able to rehabilitate and reconstruct their homes with aid from DSWD and 
local governments. Others, whose communities were destroyed by the 
armed conflict, were resettled.
    The ASG kidnapped and tortured civilians during the year. There 
were reports that the ASG killed citizens whom it suspected of being 
government informants. Clashes between the AFP and ASG occurred 
throughout the year, mostly in the Zamboanga peninsula and Sulu 
archipelago.
    During the year, the NPA killed political activists, mayors, other 
civilians, and military and police personnel. The NPA also harassed 
businesses and burned buses to enforce the collection of 
``revolutionary taxes.'' The AFP reported that the NPA killed 91 
civilians and attacked 26 private companies from January through 
August. The NPA continued actively to recruit minors both as combatants 
and noncombatants (see Section 5).
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The Constitution provides for 
freedom of speech and of the press, and the Government generally 
respected these rights in practice.
    Several television and radio stations were owned by the State, 
having been sequestered following the fall of the Marcos regime in 
1986. Most print and electronic media were privately owned. The 
independent media were active and expressed a wide variety of views 
without restriction. Broadcast and print media were freewheeling and 
often criticized for lacking rigorous journalistic ethics. They tended 
to reflect the particular political or economic orientations of owners, 
publishers, or patrons, some of whom were close associates of present 
or past high-level political officials. Special interests often used 
bribes and other inducements to solicit one-sided and erroneous reports 
and commentaries that supported their positions.
    Journalists continued to be the victims of summary killings. In the 
first 8 months of the year, eight journalists were killed, the highest 
figure in 20 years. Murder charges have been filed in four of the 
cases, while the rest remained under investigation. According to a 
special task force formed by the President this year, of the 24 murder 
cases involving journalists brought since 1984, only 2 resulted in 
convictions, 4 were dismissed, while 18 remained pending. The National 
Union of Journalists accused the police and the Government of failing 
adequately to investigate these killings and of subjecting journalists 
to harassment and surveillance.
    On July 31, three unidentified gunmen shot and killed Ilocos Norte 
radio commentator, Roger Mariano. Prior to his killing, Mariano had 
exposed alleged fraud at the local electric cooperative and criticized 
illegal gambling operations. The case remained under investigation, 
with no arrests made.
    On August 5, in Batangas, a lone gunman shot and killed a newspaper 
writer who had discussed the murder and rape cases of a local 
``barangay'' (neighborhood) chairman in his column. On September 2, 
police arrested the chairman on murder charges. The chairman's nephew, 
who was the suspected gunman, remained at large.
    On August 13, only 1 day after the slaying of a Laguna journalist, 
Mindanao-based radio commentator, Edward Balida, was shot at a public 
market while parking his motorcycle. Balida was a vocal supporter of 
the Government's anti-drug campaign.
    On September 13, a former policeman in Western Mindanao, a suspect 
in the 2002 killing of journalist Edgar Demalerio, surrendered to 
authorities after 2 weeks of negotiations. On his daily radio program, 
Demalerio had repeatedly criticized local police officers for their 
failure to curb the illegal drug trade, gambling, and killings in 
Pagadian City and Zamboanga.
    By year's end, there had been no convictions in any of the cases of 
journalists killed in the last 3 years.
    The Government did not restrict Internet use.
    School administrators reportedly warned several student journalists 
against publishing critical commentaries and articles, and students on 
some campuses complained of military surveillance. The Government did 
not otherwise interfere with 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.
    Although the law requires that groups request a permit to hold a 
rally, the Government at times followed an unwritten policy of allowing 
rallies to occur without requiring the filing of a request.
    On November 16, police fired into a crowd of striking sugar 
plantation workers, killing an estimated 12 and wounding more than 100 
(see Section 1.a.).

    c. Freedom of Religion.--The Constitution provides for freedom of 
religion, and the Government generally respected this right in 
practice. Although Christianity, particularly Roman Catholicism, was 
the predominant religion, there is no state religion, and under the 
Constitution church and State are separate.
    Muslims were the largest minority religious group in the country. 
There was widespread debate over the exact size of the Muslim 
population, as some officials and observers claimed that security 
concerns in western Mindanao prevented census takers from conducting 
accurate counts outside urban areas. Estimates ranged from 3.9 million 
to 7 million, or 5 to 9 percent of the population. Muslims resided 
principally in Mindanao and nearby islands, but there were Muslim 
communities throughout the country.
    Historically, Muslims have been marginalized by the Christian 
majority. The national culture, with its emphasis on familial, tribal, 
and regional loyalties, creates informal barriers whereby access to 
jobs or resources is provided first to those of one's own family or 
group network. Muslims reported difficulty renting rooms in boarding 
houses or being hired for retail work if they used their real names or 
wore distinctive Muslim dress. As a result, some Muslims used Christian 
pseudonyms and did not wear distinctive dress when applying for housing 
or jobs.
    The Government's campaign against the terrorist ASG has led some 
human rights NGOs to accuse the police and military of unfairly 
targeting Muslims for arrest and detention. However, most observers 
believed that discrimination against Muslims was grounded on cultural 
differences, not religious beliefs or practices. There also were 
reports of Muslim discrimination against Christians in areas where 
Muslims were the majority.
    Intermittent government efforts to integrate Muslims into political 
and economic society have achieved only limited success. Many Muslims 
claimed that they continued to be underrepresented in senior civilian 
and military positions and cited the lack of proportional Muslim 
representation in national government institutions (see Section 3). 
Predominantly Muslim provinces in Mindanao lagged far behind the rest 
of the country in most aspects of socioeconomic development. Poverty 
levels in the Autonomous Region in Muslim Mindanao (ARMM) were roughly 
twice as high as the national average, with per capita income of $274 
(P15,344) per year.
    The teaching of religious classes in public schools was permitted 
with the written consent of parents, provided that there was no cost to 
the Government. The Department of Education required schools to ensure 
the protection of the religious rights of students. These measures 
included allowing Muslim girls to wear their head coverings (``hijab'') 
and not requiring them to wear shorts during physical education 
classes.
    The Commission on Higher Education, a government agency that 
oversees public and private higher education in the Philippines, 
offered study grants for some former Muslim separatists who could not 
afford to study in college due to financial constraints. The program 
aimed to contribute to peace and order by upgrading the education of 
these individuals.
    In August, the Department of Education and a team of Muslim 
educators approved a new curriculum for public elementary schools in 
the ARMM and privately run madrassas. The curriculum was designed to 
integrate the madrassas into the mainstream educational system by 
teaching English, Filipino, and other mainstream subjects, in addition 
to courses in Arabic, ``Bangsamoro'' (a term describing the various 
Philippine Muslim groups) history, and Islamic studies. The Department 
of Education estimated that approximately 100,000 students attended 
madrassas nationwide.
    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 
abroad was limited only in rare circumstances, such as when a citizen 
has a pending court case. Government authorities discouraged travel by 
vulnerable workers to areas in which they face personal risk (see 
Section 5).
    In July, the Government banned all Filipinos from traveling to Iraq 
to work as contractors. The Philippine Overseas Employment 
Administration (POEA) sought to limit departures for work abroad to 
persons the POEA certified as qualified for the jobs. More than 8.67 
million citizens worked overseas and remitted money home. Such 
remittances amounted to approximately 9.2 percent of the gross national 
product.
    Forced exile is illegal, and the Government did not use it.
    Continuing clashes between the AFP and the MILF, NPA, and ASG have 
displaced thousands of persons within the country. In June, the 
Government began building a shelter in Palimbang to help some 700 
families, who have been displaced by fighting between AFP and MILF 
guerrillas in the area. Other agencies, including the U.N. Development 
Program, the Mindanao Emergency Relief Network, and the Red Cross, 
provided food and other essential items such as medicine, blankets, 
mosquito nets, and soap to the 3,000 evacuees.
    The country is a party to the 1951 U.N. Convention Relating to the 
Status of Refugees and its 1967 Protocol; however, there is no 
comprehensive legislation that provides for granting refugee status or 
asylum. 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 Refugee Unit in 
the Department of Justice determined which asylum seekers qualify as 
refugees; such determinations in practice implemented many of the basic 
provisions of the 1951 Convention. The Government cooperated with the 
U.N. High Commissioner for Refugees (UNHCR) and with other humanitarian 
organizations in assisting refugees. The Government also provided 
temporary protection to individuals who may not qualify as refugees 
under the 1951 Convention/1967 Protocol and provided it to 
approximately 2,000 persons during the year.
    The Government continued to allow approximately 2,000 former asylum 
seekers from Vietnam to remain in the country although all had been 
found not to be refugees under the UNHCR-administered Comprehensive 
Plan of Action in the 1990s. There was popular support, particularly 
from the Roman Catholic Church, for allowing permanent residency for 
those unsuccessful asylum seekers who did not wish to repatriate and 
were ineligible for resettlement in other countries. The Government has 
neither forced the repatriation of this group nor granted them 
permanent 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 through 
periodic elections that largely were free and fair and held on the 
basis of universal suffrage.
    On May 10, national elections were held for president, senators, 
representatives, provincial governors, and local government officials. 
Turnout for the election was high--with approximately 74 percent of 
eligible voters participating; however, voting was marred by numerous 
irregularities. From April to July, a consortium of three international 
NGOs (National Democratic Institute, International Republican 
Institute, and the International Foundation for Election Systems) 
performed an election monitoring survey in the country. They concluded 
that an antiquated voting system, system error, and improper management 
of registration databases disenfranchised thousands of voters. 
Widespread reports indicated that local politicians and their 
supporters continued to engage in vote buying and that conditions were 
inadequate to ensure that balloting was secret. Observers also received 
reports of NPA activists imposing ``Permission to Campaign'' fees on 
local candidates.
    Multiple political parties were able to present candidates for 
office, raise funds, and mobilize voters. However, parties tended to be 
personality-driven, dynastic and family influences were strong, and 
issues generally were less important. Campaign financing, anti-dynasty, 
and other political party laws and provisions often were not observed.
    Election-related violence remained a serious problem (see Section 
1.a.).
    The May election marked the first time that overseas Filipinos were 
able to vote. Of the 354,000 registered overseas voters, 230,000 or 65 
percent actually voted in 577 precincts worldwide. This represented a 
small portion of the estimated 8.67 million Filipino overseas workers. 
The low rate of registration was attributed to lack of information 
about the procedures, inaccessible registration centers, strict 
employers who did not allow overseas workers to take a day off, and the 
requirement that voters execute an affidavit to return to the country 
to reside within 3 years.
    In compliance with the registration residence requirement, the 
Commission on Elections did not allow first time voters among squatters 
in urban poor communities to register for the elections unless they 
could prove that they were bona fide residents of their locale. NGOs 
estimated that this deprived one million squatters of the right to 
vote. Among those who did register in squatter communities vote buying 
was common, and many residents accepted bribes to vote in a certain way 
or to act as ``flying voters,'' voting in several precincts.
    A justifiable public perception of corruption in the executive and 
legislative branches remained high.
    The Constitution provides for a right to information on matters of 
public concern, and the Supreme Court has affirmed this provision. 
However, an NGO noted that denial of such information occurred when the 
information related to an anomaly or irregularity in government 
transactions. Moreover, much government information was not available 
electronically and was difficult to retrieve.
    There were no restrictions in law or practice on participation by 
women and members of minorities in politics. Many women, including the 
President, held positions of leadership and authority. There were 4 
women in the 24-seat Senate and 35 women in the 236-seat House of 
Representatives. There were 5 women in the 23-member Cabinet and 5 
female associate justices in the 15-member Supreme Court.
    Along with many other citizens, Muslims, in particular, argued that 
the method of electing senators from a nationwide list favored 
established political figures from the Manila area, to the disadvantage 
of Muslims. Election of senators by region would require a 
constitutional amendment, and many Muslims and members of other groups 
underrepresented in the national legislature favored such an amendment. 
There were no Muslim cabinet members and no Muslim senators. There were 
10 Muslim members in the 236-seat House of Representatives, including 
some elected from Christian majority districts.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    A large and active group of human rights NGOs generally operated 
without government interference, investigating and publishing their 
findings on human rights cases. Most government officials, including 
those of the CHR, were responsive to NGO views. Many domestic NGOs were 
critical of the Government's human rights record; these NGOs also 
criticized previous governments' human rights records. While 
acknowledging that respect for human rights has improved under 
President Macapagal-Arroyo, many NGOs criticized the Government for 
being overzealous in its efforts to defeat the various insurgencies in 
the country. These groups cited indiscriminate arrests, torture of 
suspects, and the shelling of civilian areas the AFP suspected of 
harboring insurgents.
    Some NGOs have expressed concern over what they perceived as 
hostile government rhetoric toward human rights activists. NGOs also 
have expressed concerns over statements by various local government 
officials that condoned extrajudicial killings as an acceptable means 
to fight crime. A well known human rights activist, Jacinto ``Rashid'' 
Manahan, was the victim of an apparent extrajudicial killing in Davao 
in August (see Section 1.a.).
    Member organizations of the Philippine Alliance of Human Rights 
Advocates, a leading NGO network, monitored human rights problems and 
sought redress through their contacts with government agencies, the 
Congress, and the CHR. Human rights activists continued to encounter 
occasional harassment, mainly from security forces or local officials 
from the area in which incidents under investigation took place.
    The CHR was created in 1987 pursuant to the 1987 Constitution. It 
replaced the Presidential Committee on Human Rights. The CHR is an 
independent agency mandated to protect and promote human rights. It is 
empowered to investigate all human rights violations and to monitor the 
Government's compliance with international human rights treaty 
obligations. The CHR has non binding authority to clear on military 
promotions. The Commission has a chairperson and four members. CHR 
monitoring and investigating continued to be hamstrung by insufficient 
resources. Approximately one-third of the country's 42,000 barangays 
had Human Rights Action Centers, which coordinated with CHR regional 
offices; however, the CHR's regional and subregional offices remained 
understaffed and underfunded. The CHR was allocated $3.75 million (P210 
million) for the year, up 7 percent from 2003.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The Constitution prohibits discrimination against women, children, 
and minorities; however, vague regulations and budgetary constraints 
hindered implementation of these protections.

    Women.--Violence against women, both in and out of the home, 
remained a serious problem. The law does not specifically address the 
problem of domestic violence; complaints are filed under the charge of 
``physical injury.'' The Government did not disaggregate statistics to 
indicate the number of physical injury cases that result from domestic 
violence. During the year, the National Commission on the Role of 
Filipino Women compiled and published the following statistics: The PNP 
reported 2,381 cases of wife battering and physical injuries to women 
in the first 6 months of the year. This number appeared to underreport 
significantly the level of violence against women in the country. A 
survey done in 2003 by the NGO, Social Weather Station, resulted in the 
following admissions by male respondents: 12 percent admitted having 
physically harmed women (39 percent of these respondents indicated 
violence against their wife, 15 percent against their girlfriend, and 4 
percent against their partner). The same survey queried women on why 
they didn't report violence. The reasons most cited were: 
Embarrassment; not knowing how or to whom to report; belief that 
nothing would be done; and believing it was too small of a thing.
    The PNP and the Department of Social Welfare and Development (DSWD) 
both maintained women's help desks to assist victims of violence 
against women and to encourage the reporting of crimes. With the 
assistance of NGOs, officers received gender sensitivity training to 
deal with victims of sexual crimes and domestic violence. Many PNP 
stations included female officers.
    Rape continued to be a serious problem. According to the latest 
statistics from the Center for Women's Resources, from January to 
September 2003, there were 3,913 rape cases. Police statistics showed a 
decline in rape cases during the period from January to October from 
1,159 in 2003 to 868. There were reports of rape and sexual abuse of 
women in police or protective custody. These often involved women from 
marginalized groups, such as suspected prostitutes, drug users, and 
lower income individuals arrested for minor crimes.
    The law provides for the death penalty in cases of rape. Although 
spousal rape and abuse also are illegal, enforcement was ineffective. 
Some NGOs argued that courts' imposition of death sentences for rape 
convictions inhibited some victims, particularly relatives of the 
accused, from pressing charges.
    Prostitution is illegal, but was a widespread problem. Many women 
suffered exposure to violence through their recruitment, often through 
deception, into prostitution (see Section 5, Trafficking). Penalties 
for prostitution are light, but detained prostitutes were subjected to 
administrative indignities and extortion. The DSWD continued to provide 
temporary shelter and counseling to women engaged in prostitution. 
Officials believed that this helped only a small percentage of victims. 
Some local officials condoned a climate of impunity for those who 
exploited prostitutes. There were no convictions under the provision of 
the law criminalizing the act of engaging the services of a prostitute.
    Sex tourism was a serious problem. Trafficking in women and 
children for sexual exploitation and forced labor were problems. A 2003 
anti-trafficking law outlawed a number of activities specifically 
related to trafficking and provided stiff penalties for convicted 
offenders (see Section 5, Trafficking).
    Sexual harassment in the workplace was thought to be widespread yet 
underreported due to victims' fear of losing their jobs. Female 
employees in special economic zones (SEZs) were particularly at risk; 
most were economic migrants who had no independent workers' 
organization to assist with filing complaints. Women in the retail 
industry worked on 3- to 5-month contracts and were reluctant to report 
sexual harassment for fear their contracts would not be renewed.
    The law does not provide for divorce, although the courts generally 
recognize the legality of divorces obtained in other countries. The 
Government recognizes religious annulment, but the process can be 
costly, which precludes annulment as an option for many women. Many 
lower income couples simply separated informally without severing their 
marital ties. The Family Code provides that in child custody cases 
resulting from annulment, illegitimacy, or divorce in another country, 
children under the age of 7 are placed in the care of the mother unless 
there is a court order to the contrary. Children over the age of 7 
normally also remained with the mother, although the father could 
dispute custody through the courts.
    In law, but not always in practice, women have most of the rights 
and protections accorded to men. Women continued to face some 
discrimination in employment, despite the fact that more women than men 
entered secondary and higher education. Unemployment rates for women 
were consistently higher than for men. In August, the Asian Development 
Bank released a gender assessment report that highlighted unemployment 
of women and poor family planning as major contributors to poverty in 
the country.
    The National Commission on the Role of Filipino Women, composed of 
10 government officials and 13 NGO leaders appointed by the President, 
acted as an oversight body whose goal is to press for effective 
implementation of programs benefiting women.

    Children.--The Government devoted considerable resources to the 
education, welfare, and development of children. The Department of 
Education had the largest budget of any cabinet department. 
Nevertheless, children faced serious problems.
    Elementary and secondary education is free, but the quality of 
education remained poor due in part to inadequate resources. During the 
year, according to Department of Education figures, the annual per 
pupil expenditure for basic education was $108 (P6,021). Congress cited 
fiscal constraints in explanation. The Department of Education reported 
that it needs $2.22 billion (P124.7 billion), but reportedly was 
allotted $1.95 billion (P109.5 billion) (12.7 percent of the national 
budget) for the year. The Department of Education estimated that 25 
percent of students drop out between grades one and three, and 33 
percent between grades one and six. Nearly 60 percent of children who 
start school do not complete grade 10. The situation is even worse for 
indigenous children (see Section 5, Indigenous People).
    According to government reports, 68.3 percent of children are well 
nourished, and 64 percent were fully immunized. The child mortality 
rate was 48 out of 1,000 children under age 5. In 2000, an NGO 
estimated that 30 to 40 percent of preschool children in the five-
province Autonomous Region in Muslim Mindanao suffered from 
malnutrition. Most of the malnourished children were in villages in 
Maguindanao, Lanao del Sur, and Tawi-Tawi Provinces. According to the 
latest UNICEF data, at the end of 2001, nationwide 30.6 percent of 
children under age 5 were moderately or severely underweight.
    Child abuse remained a problem. DSWD offices served 7,847 victims 
of child abuse from January to September, 71 percent of them were 
girls. Some 53 percent of the girls were victims of sexual abuse, up 
from 44 percent last year, while the majority of the boys had been 
abandoned or neglected. Several cities ran crisis centers for abused 
women and children. The problem of foreign pedophiles continued to be 
reported in the press, and the Government continued to prosecute 
accused pedophiles. Children also were victims of police abuse while in 
detention for committing minor crimes. In July, the University of the 
Philippines Center for Integrative and Development Studies began an 
appraisal of child pornography in the country. Two years ago, a series 
of articles in the newspaper People's Journal identified the country as 
a leading producer of child pornographic materials, particularly on the 
Internet.
    Child prostitution continued to be a serious problem (see Section 
5, Trafficking).
    Children were targeted for recruitment as combatants and 
noncombatants by the NPA and ASG. The NPA claimed that it assigned 
persons 15 to 18 years of age to self-defense and noncombatant duties; 
however, there were reports that the NPA continued to use minors in 
combat. An official from the Office of the Presidential Advisor on the 
Peace Process estimated that children made up as much as 19 percent of 
the NPA's fighting force. The Council for Welfare of Children, in a 
July report, estimated that children constituted some 13-18 percent of 
the armed rebel combatants. In the last several years, the AFP on 
numerous occasions captured or killed NPA fighters who turned out to be 
minors.
    The ASG also recruited teenagers to fight and participate in 
criminal activities. There were reports that a significant number of 
ASG members staffing the groups' camps were teenagers. The AFP said 
that some Islamic schools in Mindanao served as fronts to indoctrinate 
children and that the ASG used children as couriers and spies.
    According to UNICEF and International Labor Organization (ILO) 
studies, approximately 2 million children were exposed to hazardous 
working environments, such as in quarries, mines, and at docksides (see 
Section 6.d.).
    The Government estimated that there were at least 22,000 street 
children nationwide, although some NGOs believed the number to be much 
higher. Welfare officials believed that the number increased as a 
result of widespread unemployment in rural areas. Many street children 
appeared to be abandoned and engaged in scavenging or begging.
    A variety of national executive orders and laws provide for the 
welfare and protection of children. Police stations have child and 
youth relations officers to ensure that child suspects are treated 
appropriately. However, the procedural safeguards were often ignored in 
practice. Many child suspects were detained for extended periods 
without access to social workers and lawyers and were vulnerable to 
torture and other ill treatment. There were also reports that many 
children detained in jails appeared to have been arrested without 
warrants.
    A number of NGOs actively promoted children's rights.

    Trafficking in Persons.--Trafficking in persons is prohibited under 
a comprehensive anti trafficking law passed in 2003, which defines 
several activities related to trafficking as illegal and imposes stiff 
penalties--up to life imprisonment--for convicted offenders. 
Nonetheless, trafficking remained a problem in the country. The first 
trial under the new Trafficking Law began in January and was still 
underway at year's end. Several other cases were pending, but trials 
had not yet begun.
    Although the Government investigated several trafficking-related 
cases under the old laws, its efforts were hampered by resource 
constraints. In August, four prosecutors were assigned to focus on 
trafficking cases and to complete preliminary investigations within 60 
days. The principal investigative agencies were the National Bureau of 
Intelligence, the Bureau of Immigration, and the PNP's Criminal 
Investigation and Detection Group. The Government cooperated with 
international investigations of trafficking. Some high profile cases 
involved syndicates that trafficked women to neighboring countries. 
Several cases involving women trafficked to Malaysia resulted in 
notable arrests in August and September.
    The country was a source, transit, and destination country for 
internationally trafficked persons. Internal trafficking was also a 
problem. Reliable estimates on the number of individuals trafficked 
were not available. The most serious problem appeared to be the 
trafficking of women across international borders to destinations in 
Asia (especially Japan), Europe, the Middle East, and North America for 
purposes of sexual exploitation. Organized criminal gangs typically 
trafficked persons from China through the country to other 
destinations, although occasionally the country was the final 
destination.
    Both adults and children were trafficked domestically from poor, 
rural areas in the southern and central parts of the country to major 
urban centers, especially metro Manila and other cities on Luzon. A 
significant percentage of the victims of internal trafficking were from 
Mindanao and were fleeing the severe poverty and violence of their home 
areas. The Visayan Islands were also a source of trafficking. Women 
were far more at risk to be victims of trafficking than men, and girls 
were more at risk than boys.
    NGOs estimated that approximately 60,000 children were involved in 
the commercial sex industry. Most of these children were girls, and 
nearly all had dropped out of school. These children come from very 
poor families with unemployed or irregularly employed parents.
    The Virlanie Foundation, a local child protection NGO, estimated 
that there were at least 20,000 child prostitutes in the country, most 
in the Metro Manila area. It offered housing, training, and counseling 
services to child prostitutes. An ILO program, with the goal of 
removing 1,200 children from the commercial sex industry, was underway.
    Traffickers targeted persons seeking overseas employment. Most 
recruits were females ages 15 to 22 from poor farming families. The 
traffickers generally were private employment recruiters and their 
partners in organized crime. Many recruiters targeted persons from 
their own hometowns. The primary method used to approach victims was 
the promise of a respectable and lucrative job.
    There was anecdotal evidence that some lower level officials (such 
as customs officers, border guards, immigration officials, local 
police, or others) received bribes from traffickers or otherwise 
facilitated trafficking.
    Victims faced health risks, such as sexually transmitted or other 
infectious diseases, and were vulnerable to beatings, sexual abuse, and 
humiliation.
    The Government devoted significant resources to assist and protect 
victims. The concept of a trafficked person as a victim rather than a 
perpetrator was particularly strong. The Government, in conjunction 
with NGO partners, assisted victims by providing temporary residency 
status and relief from deportation; shelter; and access to legal, 
medical, and psychological services.
    The DSWD and many private groups have established shelters and 
rehabilitation centers. DSWD provided economic aid to victims, 
including residential care. Additional protective services included 
hotlines for reporting cases and the operation of 24 hour halfway 
houses in 13 regions of the country to respond to victims. Although the 
Government provided some funding to domestic and foreign NGOs for 
services to victims, religious groups, multinational donor agencies, 
and private foundations typically funded most of the budgets for these 
NGOs.
    The Government rarely deported or charged victims of trafficking 
with crimes; however, police sometimes charged alleged prostitutes with 
vagrancy. No reliable statistics indicating whether these individuals 
were victims of trafficking were available.
    Victims may file civil suits or seek legal action against 
traffickers. Most victims who chose to do so filed charges of illegal 
recruitment. However, the Government lacked the resources to pursue 
these cases effectively.
    Numerous government agencies and officials, as well as NGOs and 
international organizations, continued to support public information 
campaigns against trafficking. The Government supported programs to 
prevent trafficking, such as the promotion of women's participation in 
economic decision-making and efforts to keep children in school. The 
Government provided skills training to women, lessening the need for 
them to go to urban centers or overseas for employment. However, 
funding remained limited.

    Persons With Disabilities.--The law provides for equal physical 
access for persons with both physical and mental disabilities to all 
public buildings and establishments and for ``the rehabilitation, self 
development, and self-reliance of disabled persons and their 
integration into the mainstream of society.'' The Department of Labor 
and Employment's (DOLE) Bureau of Local Employment (BLE) maintained 
registers of persons with disabilities indicating their skills and 
abilities. BLE monitored private and public places of employment for 
violations of labor standards regarding persons with disabilities and 
also promoted the establishment of cooperatives and self-employment 
projects for persons with disabilities.
    Estimates of the number of persons with disabilities in the country 
ranged from 1 million to 3.5 million. Advocates suspected the data were 
incomplete due to the social stigma attached to persons with 
disabilities. It was estimated that most persons with disabilities were 
less than 65 years of age and lived at home with their families. 
Assisted living centers were understaffed and underfunded.
    Advocates for persons with disabilities contended that equal access 
laws were ineffective because implementing regulations were weak, 
funding was inadequate, and government programs were inadequately 
focused on integration. Many public buildings, particularly older ones, 
lacked functioning elevators. Many schools had architectural barriers 
that made attendance difficult for persons with disabilities.
    Government efforts to improve access to transportation for persons 
with disabilities have been halting. Only one of Manila's light rail 
lines was wheelchair-accessible, and many stops had out-of-service 
elevators. Buses lacked wheelchair lifts, and there were reports of 
drivers who failed to stop for passengers in wheelchairs. A limited 
number of sidewalks had wheelchair ramps, but garbage cans and street 
vendors often blocked access. Many of the sidewalk wheelchair ramps 
were crumbling or too steep. The situation was worse in many smaller 
cities and towns.

    Indigenous People.--Indigenous people live throughout the country 
but primarily in the mountainous areas of northern and central Luzon 
and in Mindanao. They account for approximately 16 percent of the 
national population. Although no specific laws discriminate against 
indigenous people, the remoteness of the areas that many inhabit and 
cultural bias prevented their full integration into society. Indigenous 
children suffered from lack of basic services, health, and education.
    A report by the Department of Education revealed that indigenous 
children were falling behind in the quality of education. By one 
estimate, only 424 of Baguio City's 4,424 elementary graduates met the 
minimum standards for moving to the next level. An official of the 
Tebtebba Foundation suggested that indigenous children frequently 
skipped school as a way to avoid the racial discrimination they faced 
in the classroom.
    Because they inhabit mountainous areas also favored by guerrillas, 
indigenous people suffered disproportionately from armed conflict. 
Their lands were often the sites of armed encounters, and various 
parties to the fighting have recruited many indigenous people.
    The 1997 Indigenous Peoples' Rights Act, which was intended to 
implement constitutional provisions to protect indigenous people, 
established a National Commission on Indigenous People, which was 
staffed by tribal members empowered to award certificates of title to 
lands claimed by indigenous persons in the country. It awarded such 
``ancestral domain lands'' on the basis of communal rather than 
individual ownership, impeding sale of the lands by tribal leaders. The 
law requires a process of informed consultation and written consent by 
the indigenous group to allow mining on tribal lands. The law also 
assigns indigenous groups the responsibility to preserve forest, 
watershed, and biodiversity areas in their domains from inappropriate 
development. Although the Government has been slow to implement the 
legislation, primarily because of strong opposition from mining and 
agribusiness interests, some limited progress has been made.
Section 6. Worker Rights
    a. The Right of Association.--The Constitution and laws provide for 
the right of workers, including most public employees, with the 
exception of the military and the police, to form and join trade 
unions. Trade unions are independent of the Government. Unions have the 
right to form or join federations or other labor groups.
    As of September, there were 149 registered labor federations and 
more than 15,553 private sector unions, compared with 19,928 reported 
in 2003. The 1.6 million union members represented approximately 4.3 
percent of the total workforce of 36.5 million. The number of firms 
using contractual labor, primarily large employers, continued to grow.
    As of September, the Bureau of Labor Relations reported 1,434 
public sector unions, compared with 1,358 in 2003. Total public sector 
union membership was nearly 273,385 up from 247,853 in 2003.
    Allegations of intimidation and discrimination in connection with 
union activities are grounds for review as possible unfair labor 
practices before the quasi-judicial National Labor Relations Commission 
(NLRC). However, unions maintained that widespread ignorance of basic 
standards and rights was a major obstacle to union organization. Before 
disputes reach the NLRC, the DOLE provides the services of a mediation 
board, which settles most of the unfair labor practice disputes raised 
as grounds for strikes before the strikes may be declared. DOLE, 
through the mediation board, also worked to improve the functioning of 
labor-management councils in companies that already had unions.
    Unions have the right to affiliate with international trade union 
confederations and trade secretariats. Two of the largest trade union 
federations, the Trade Union Congress of the Philippines and the 
Federation of Free Workers, were affiliated with the International 
Confederation of Free Trade Unions (ICFTU) and the World Confederation 
of Labor, respectively.
    The ICFTU alleged that a new union may be registered only if it 
represents at least 20 percent of workers in a bargaining unit, and 
that the law requires an excessively high number of unions--10--before 
a federation can be formed. The ICFTU currently has two complaints 
pending before the ILO regarding these requirements.

    b. The Right to Organize and Bargain Collectively.--The 
Constitution provides for the right to organize and bargain 
collectively. The Labor Code provides for this right for employees both 
in the private sector and in government-owned or controlled 
corporations. A similar right is afforded to most government workers. 
Between 5-10 percent of the work force was organized. Collective 
bargaining was freely practiced. The number of workers covered by 
collective bargaining agreements rose to 270,721 or about 16 percent of 
union members. There are no special laws or exemptions from regular 
labor laws in export processing zones.
    Subject to certain procedural restrictions, strikes in the private 
sector are legal; however, unions are required to provide strike 
notice, respect mandatory cooling-off periods, and obtain majority 
member approval before calling a strike. By law, the reason for 
striking must be relevant to the labor contract or the law, and all 
means of reconciliation must be exhausted. The Secretary of Labor and 
Employment may intervene in some labor disputes by assuming 
jurisdiction and mandating a settlement if the Secretary decides that 
the industry involved in the strike is vital to national security. For 
the first 8 months of the year, DOLE reported that there were 33 
strikes, 32 percent more than the previous year). Between January and 
May there had been 11 strikes involving some 2,400 workers.
    The Labor Code provides that union officers who knowingly 
participate in an illegal strike may be dismissed and, if convicted, 
imprisoned for up to 3 years; however, according to the DOLE, there 
never has been a conviction under this provision.
    Trade union officials reported that underpayment of the minimum 
wage and the use of contract employees to avoid the payment of required 
benefits were common practices, including in the government-designated 
SEZs, where tax benefits were used to encourage the growth of export 
industries. Dismissal or threatened dismissal of union members also was 
common, and there were reports that some workers were fired after 
merely speaking with union organizers. Some companies reportedly 
offered cash to employees who agreed to identify union organizers and 
required employees to work overtime in order to disrupt union meetings. 
Labor groups alleged that companies in the SEZs have used frivolous 
lawsuits as a means of harassing union leaders.
    Labor law applies uniformly throughout the country, including the 
SEZs; however, local political leaders and officials who govern the 
SEZs have attempted to frustrate union organizing efforts by 
maintaining union-free or strike-free policies. A conflict over 
interpretation of the SEZ law's provisions for labor inspection created 
further obstacles to the enforcement of workers' rights to organize. 
Despite objections from the DOLE, local SEZ directors claimed authority 
to conduct their own inspections as part of the zones' privileges 
intended by Congress. Hiring often was controlled tightly through SEZ 
labor centers. In organizing efforts, union successes in the SEZs have 
been few and marginal. Some mainstream unions avoided a major 
unionizing effort in the lower wage SEZ industries, such as the garment 
industry. They considered it unpromising in view of both the 
organizers' restricted access to the closely guarded zones and the 
rapid turnover of the young, mainly female staff who worked on short-
term contracts in the zones' many electronics and garment factories.

    c. Prohibition of Forced or Compulsory Labor.--The law prohibits 
forced labor, including forced and compulsory labor by children; 
however, despite the Government's efforts, there were some reports of 
forced and compulsory labor, particularly by children, mainly in 
prostitution, drug trafficking, and other areas of the informal sector 
(see Sections 5, and 6.d.). The legal minimum age for employment as a 
domestic worker is 15; however, an estimated 3.7 million children 17 
years of age or younger, including many under 15, were so employed, 
compared with 4 million children reported in last year's survey. A more 
stringent legal regime and a government program in cooperation with a 
foreign government may account for part of this decline. Some 
recruiters reportedly brought girls between the ages of 13 and 17 to 
work in Manila or Cebu under terms that involved a ``loan'' advanced to 
their parents that the children were obliged to repay through their 
work. The DOLE continued to address the problem of underage workers in 
family work settings by prosecutions and fines of violators (see 
Sections 5, and 6.d.).

    d. Prohibition of Child Labor and Minimum Age for Employment.--The 
law prohibits the employment of children under the age of 15, except 
under the direct and sole responsibility of parents or guardians, or in 
cases in which employment in cinema, theater, radio, or television is 
essential to the integrity of the production. The law allows employment 
of those between the ages of 15 and 18 for such hours and periods of 
the day as are determined by the Secretary of Labor but forbids the 
employment of persons under 18 years of age in hazardous or dangerous 
work. However, child labor remained a problem, and a significant number 
of children were employed in the informal sector of the urban economy 
or as unpaid family workers in rural areas--some as bonded laborers 
(see Section 6.c.). The most recent government survey reported 
approximately 3.7 million working children, approximately 2.4 million 
of whom were exposed to hazardous working environments, such as 
quarries and mines, docksides, and fishing boats.
    Most child labor occurred in the informal economy, often in family 
settings, and the Government rarely sought to prosecute a poor family 
because it had a working child. Nevertheless, the Government, in 
coordination with a number of domestic NGOs and international 
organizations, implemented programs to develop other, safer options for 
children, return them to school, and offer families viable economic 
alternatives to child labor. Although the Government made attempts to 
devote more resources to child labor programs, resources remained 
inadequate.
    The Government and NGOs implemented programs to prevent the 
engagement of children in exploitative child labor. DOLE worked with 
domestic NGOs to educate communities on child labor and provided 
counseling and other activities for children. DOLE and the Department 
of Education worked with NGOs, UNICEF, and the ILO International 
Program on the Elimination of Child Labor to assist children to return 
to school. The Government also imposed fines and instituted criminal 
prosecutions for child labor violations in the formal sector, such as 
in manufacturing. DOLE continued its efforts to rescue exploited child 
workers, rescuing 146 minors in 58 different operations between January 
and September. The Employers Confederation of the Philippines pursued 
an active and highly visible program against child labor.

    e. Acceptable Conditions of Work.--The national minimum wage did 
not provide a decent standard of living for a worker and family. 
Tripartite regional wage boards set minimum wages. In January and 
February, a round of wage increases was implemented in most regions of 
the country. The highest rates were in the National Capital Region 
(NCR) and the lowest in rural regions. The minimum daily wage for NCR 
nonagricultural workers was $5.36 (P300). Although this represents an 
increase of 20 pesos over last year, it still did not provide a decent 
standard of living for a worker and family in the NCR. The lowest 
minimum wages were in the ARMM, where the daily agricultural wage was 
$2.64 (P138). The regional wage board orders covered all private sector 
workers except domestic servants and other persons employed in the 
personal service of another person. Boards outside the NCR exempted 
some employers because of factors such as establishment size, industry 
sector, involvement with exports, financial distress, and level of 
capitalization. These exemptions excluded substantial additional 
numbers of workers from coverage under the law. Unions have filed 
complaints about the minimum wage exemption policies.
    In practice, violation of minimum wage standards was common, and 
large numbers of workers received less than the minimum wage set for 
their area. Many firms hired employees for less than the minimum 
apprentice rates, even if there was no approved training in their 
production-line work. Inspections of Metro Manila commercial firms by 
DOLE in August revealed 52 percent were out of compliance with the 
prevailing minimum wage rate in the region. They acknowledged that the 
shortage of inspectors made the law difficult to enforce. In addition 
to fines, the Government also made use of administrative procedures and 
moral suasion to encourage employers to voluntarily rectify violations. 
Complaints about nonpayment of social security contributions, bonuses, 
and overtime were particularly common with regard to companies in SEZs.
    By law, the standard legal workweek is 48 hours for most categories 
of industrial workers and 40 hours for government workers, with an 8-
hour per day limit. The Government mandates an overtime rate of 125 
percent of the hourly rate on ordinary days and 130 percent on rest 
days and holidays. The law mandates 1 day of rest each week. However, 
there is no legal limit on the number of overtime hours that an 
employer may require. The DOLE conducted only sporadic inspections to 
enforce limits on workweek hours. The Labor Inspectorate was not 
considered effective.
    The law provides for a comprehensive set of occupational safety and 
health standards. The DOLE has responsibility for policy formulation 
and review of these standards, but with too few positions allocated for 
inspectors nationwide, local authorities often must carry out 
enforcement. DOLE officials acknowledged that the number of inspectors 
was not adequate for the number of work sites to be inspected. DOLE 
launched a campaign to promote safer work environments in small 
enterprises. Statistics on actual work-related accidents and illnesses 
were incomplete, as incidents (especially in agriculture) were 
underreported. Workers do not have a legally protected right to remove 
themselves from dangerous work situations without risking loss of 
employment.
    The Government and several NGOs worked to protect the rights of the 
country's 8.67 million overseas citizens, most of whom are temporary or 
contract workers. The Government placed financial sanctions and 
criminal charges on domestic recruiting agencies found guilty of unfair 
labor practices. Although the POEA registered and supervised domestic 
recruiters' practices successfully, the authorities sometimes lacked 
sufficient resources to ensure workers' protection overseas. It sought 
cooperation from receiving countries and proposed migrant worker rights 
conventions in international forums. The Government also provided 
assistance through its diplomatic missions in countries with 
substantial numbers of migrant workers.
    The labor laws protect foreign workers in the country. Foreign 
workers must obtain work permits and may not engage in certain 
occupations. Typically their work conditions were better than those 
faced by citizens.

                               __________

                                 SAMOA

    Samoa is a parliamentary democracy that incorporates certain 
traditional practices into its governmental system. The Constitution 
provides for a head of state; a unicameral legislature elected by 
universal suffrage and, in practice, composed primarily of the heads of 
extended families, or ``matai''; the protection of land rights and 
traditional titles; and other fundamental rights and freedoms. In 2001, 
the Human Rights Protection Party (HRPP) won reelection to its sixth 
consecutive term as the governing party. The election was marred by 
charges of bribery. In 2001, as a result of election challenges filed 
by losing candidates, the Supreme Court ordered four by elections; the 
HRPP won all four. Executive authority is vested in the Head of State 
with the Government administered by the Cabinet, which consists of the 
Prime Minister and 12 ministers chosen by him. All laws passed by the 
Legislative Assembly need the approval of the Head of State, Malietoa 
Tanumafili II, who holds the position for life. The Legislative 
Assembly is to elect his successors for 5 year terms. The judiciary is 
independent.
    The civilian authorities maintained effective control over the 
small national police force, but it had little effect beyond Apia, the 
capital city. The country has no defense force. There were no confirmed 
reports that security forces committed human rights abuses. Enforcement 
of rules and security within individual villages is vested in the 
``fono'' (Council of Matai), which settles most internal disputes. 
Judgments by the fono usually involve fines or, more rarely, banishment 
from the village.
    The economy is market based. The population was approximately 
199,000 as of December 2003, according to the Government Statistics 
Department. More than 60 percent of the workforce was engaged primarily 
in agriculture. The country was heavily dependent on foreign aid and on 
remittances sent to family members by the more than 100,000 citizens 
living abroad. The Government reported a 3.5 percent increase in gross 
domestic product (GDP) in 2003, with a per capita GDP of approximately 
$1,850. Wages and benefits did not keep pace with inflation, which was 
nearly 13 percent for the year.
    The Government generally respected the human rights of its 
citizens; however, there were problems in some areas. The law and the 
courts addressed some of these problems. Political discrimination 
against women and non matai was a problem. Societal pressures and 
customary law may interfere with the ability to conduct fair trials. 
Those who do not conform to accepted societal values may face pressure, 
threats, violence, and banishment. However, in April 2003, the Supreme 
Court overturned a lower court ruling and found that a village fono had 
acted illegally when it banished some residents for their religious 
activities. The ruling affirmed that both statutory and customary laws 
are subject to the individual rights provided for in the Constitution. 
Violence against women and children 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, in July, police officer Tupou Ainu'u was charged with murder 
in the death of a man in police custody. In September, the charge was 
reduced to manslaughter. The officer allegedly arrested the victim for 
disorderly conduct and took him to the Apia police station, where the 
victim continued to be disorderly. According to the officer, he 
attempted to subdue the victim, and in the ensuing altercation, the 
victim fell backward and struck his head on the wall and floor, 
rendering him unconscious. The victim was transported to a hospital, 
but was pronounced dead on arrival. Ainu'u pleaded not guilty and was 
suspended pending the outcome of his trial, scheduled for February 
2005.
    There were no further developments in the 2002 case of 
parliamentary by election candidate Taliaoa Taamilosaga and three other 
persons, whose deaths in a fire were ruled homicides. Due to a lack of 
evidence, no one was charged in the case, although the police file 
remained open at year's end.

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

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The law prohibits such practices, and there were no 
reports that government officials employed them.
    Prison conditions generally appeared to meet international 
standards, although they were fairly basic with respect to food and 
sanitation. Prison policy permitted inmates with medical conditions to 
retain their respective medications and to take them as prescribed; 
however, during the year, a diabetic paraplegic prisoner died after he 
was locked in an isolation cell as punishment for suspected marijuana 
use and reportedly did not have access to his medication. The case was 
referred to the Police Commissioner for investigation. According to the 
Commissioner, the prisoner had his medications at the time of his death 
and a postmortem examination found that the prisoner's death was not 
related to his medications.
    Within the country's sole prison, men and women were housed 
separately, juveniles were held separately from adults, and pretrial 
detainees were separated from convicted prisoners.
    There were no known requests by independent human rights observers 
to visit the prison; however, the Government indicated that it would 
permit such visits. The Government also permitted visits by family 
members and church representatives.

    d. Arbitrary Arrest or Detention.--The Constitution prohibits 
arbitrary arrest and detention, and the Government generally observed 
these prohibitions.
    The country's police, prison guards, and firefighters all belong to 
a consolidated national service. A commissioner appointed to a fixed 3 
year term of office heads this service. He is assisted by four 
assistant commissioners and reports to the Minister of Police. 
Corruption and impunity were not significant problems among the police; 
however, a lack of resources limited police effectiveness.
    The law provides for issuance by the Supreme Court of an arrest 
warrant based on sufficient evidence, and the Government generally 
adhered to this provision in practice. The law provides for the right 
to a prompt judicial determination regarding the legality of detention, 
and the authorities generally respected this right in practice. 
Detainees are informed within 24 hours of the charges against them, or 
they are released. Detainees were allowed prompt access to family 
members and a lawyer of their choice. If the detainee is indigent, the 
Government provides a lawyer. There was a functioning system of bail.

    e. Denial of Fair Public Trial.--The Constitution provides for an 
independent judiciary, and the Government generally respected this 
provision in practice.
    The judiciary consists of the District Court, the Lands and Titles 
Court, the Supreme Court, and the Court of Appeals. The Court of 
Appeals is the highest court. It has appellate jurisdiction only and 
can review the rulings of any other court. It is composed of a panel of 
retired New Zealand judges and sits once a year for several weeks.
    The law provides for the right to a fair trial, and an independent 
judiciary generally enforced this right. The accused must be charged 
within 24 hours. A trial judge examines evidence and makes a 
determination as to whether there are grounds to proceed. Trials are 
public, and defendants have the right to be present and to timely 
consultation with an attorney, at public expense if required. 
Defendants may confront witnesses and present witnesses and evidence on 
their own behalf. Defendants and their attorneys have access to 
government held evidence, and defendants have the right to appeal a 
verdict.
    However, many civil and criminal matters were handled by village 
fono, which varied considerably both in their decisionmaking style and 
in the number of matai involved in the decisions. The 1990 Village Fono 
Act gives legal recognition to the decisions of the fono and provides 
for limited appeal to the Lands and Titles Court and to the Supreme 
Court. In 2000, the Supreme Court ruled that the Village Fono Act may 
not be used to infringe upon villagers' freedom of religion, speech, 
assembly, or association. More recent court decisions reinforced this 
principle (see Section 2.c.).
    There were no reports of political prisoners.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The law provides substantive and procedural safeguards 
against invasion of the home or seizure of property, including a 
requirement for search warrants, which are issued by the judicial 
branch. However, there was little or no privacy in villages. While 
village officials by law must have permission from a judge to enter a 
resident's home without the resident's consent, there can be 
substantial societal pressure on the resident to grant such permission.
    In accordance with traditional law, village fono may impose a 
punishment of banishment (see Section 2.d.).
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The Constitution provides for 
freedom of speech and of the press, and the Government generally 
respected these rights in practice and did not restrict academic 
freedom. The law requires journalists to reveal their sources in the 
event of a defamation suit against them; however, there has been no 
court case invoking this law.
    Three English language newspapers and a number of Samoan language 
newspapers were published regularly. In January, the Safotu village 
fono reportedly imposed a fine (consisting of several food items) on a 
journalist for the Samoa International newspaper for publishing a story 
deemed damaging to the village.
    The Government operated one of the country's two television 
stations. There were five private radio stations, and a satellite cable 
system was available in parts of Apia. In addition, approximately one 
third of the population was within the broadcast area of the television 
station in American Samoa.
    The Government did not restrict Internet use.

    b. Freedom of Peaceful Assembly and Association.--The Constitution 
provides for freedom of assembly and association, and the Government 
generally respected these rights in practice. In 2000, the Supreme 
Court ruled that the Village Fono Act may not be used to infringe upon 
villagers' freedom of religion, speech, assembly, or association (see 
Sections 1.e. and 2.c.).

    c. Freedom of Religion.--The Constitution provides for freedom of 
religion, and the Government generally respected this right in 
practice.
    The Constitution acknowledges ``an Independent State based on 
Christian principles and Samoan custom and traditions.'' Although 
Christianity is favored constitutionally, there is no official or state 
denomination.
    The Constitution grants each person the right to change religion or 
belief and to worship or teach religion alone or with others; however, 
in practice, the matai often choose the religious denomination of the 
extended family. In past years, despite the constitutional protection, 
village fono in the name of maintaining social harmony within the 
village sometimes banished or punished families that did not adhere to 
the prevailing religious belief in the village. However, civil courts 
take precedence over village fono in matters involving the exercise of 
constitutional rights, and courts have ordered families readmitted to 
their villages. During the year, there were no new cases of individuals 
being banished by villages due to their practicing religion differently 
from that practiced by the village majority. However, in February, the 
Lands and Titles Court ordered the Salamumu village fono to readmit 3 
families, consisting of approximately 80 persons, who were banned from 
the village in 1998 for organizing Bible study classes with the 
intention of establishing a new church there. In February, the families 
returned to Salamumu and, at year's end, were living there without 
incident. The court's order was the latest in a series of judicial 
decisions in recent years that affirmed that all laws, whether 
statutory or customary, are subject to the individual rights provided 
for in the Constitution.
    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, villages are governed by traditional law, and village fono 
have the authority, which they regularly employed, to ban citizens from 
village activities or to banish them from the village--one of the 
harshest forms of punishment in this collective society--for failing to 
conform to village laws or to obey fono rulings. In some cases, civil 
courts have overruled banishment orders (see Sections 1.e. and 2.c.).
    The law prohibits exile, and the Government did not use it.
    The Government actively supported emigration as a ``safety valve'' 
for the pressures of a growing population, especially for potentially 
rebellious youths, and because it generated income through remittances.
    The country is a signatory of the 1951 U.N. Convention Relating to 
the Status of Refugees and its 1967 Protocol; however, the Government 
has not enacted enabling legislation or established a system for 
providing protection to refugees. Nevertheless, the authorities have 
indicated that they would conform to international norms if such cases 
should arise. The Government was prepared to cooperate with the office 
of the U.N. High Commissioner for Refugees and other humanitarian 
organizations in assisting refugees; however, the need did not arise 
during the year.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    Citizens have the right to change their government through direct 
multiparty elections held on the basis of universal suffrage; however, 
women's right to serve in elected office is restricted by the fact that 
few of them are family heads (matai). While the Constitution gives all 
citizens above the age of 21 the right to vote and run for office, by 
social custom candidates for 47 of the 49 seats in the Legislative 
Assembly are drawn from the approximately 25,000 matai. The 
Constitution reserves the remaining 2 seats for ``at large'' voters 
(primarily citizens who are not of full Samoan ethnic heritage and lack 
strong ties to one of the 47 village based electoral districts). Matai 
are selected by family agreement; there is no age qualification. 
Although women sometimes are selected, 95 percent of matai are men. 
Matai control local government through the village fono, which are open 
to them alone.
    The HRPP has dominated the political process, winning six 
consecutive elections since 1982. Although candidates were free to 
propose themselves for electoral office, in practice, they usually 
required the approval of the senior matai of the villages within their 
electoral district.
    In the March 2001 elections, the HRPP won 23 seats and declared 
victory 2 weeks later when 5 opposition party members switched to the 
HRPP. The elections were marred by charges of bribery, and 10 losing 
candidates initially filed election challenges. In August 2001, the 
Attorney General intervened to foreclose further challenges and thereby 
prevented as many as 40 additional challenges from being filed. In 
September 2001, following a series of trials, the Supreme Court ordered 
four by elections. The HRPP won all four.
    Retaliation was directed against witnesses who testified in the 
bribery cases. In March 2001, the Afega village fono banished 10 
persons and their families for giving evidence in such a case; however, 
in June 2001, the Supreme Court overturned the village fono order, and 
the persons returned to their village. Some candidates who ran against 
the wishes of their village fono were banished. For example, in January 
2001, Aeau Peniamina Leavai, former Speaker of Parliament, and his 
family were banned from entering his village of Falealupo, reportedly 
because he ran for Parliament against the wishes of the village fono. 
In 2002, the authorities determined that the deaths in a fire of four 
persons, including a candidate in a parliamentary by election who had 
refused to withdraw in favor of the village leadership's preferred 
candidate, were homicides (see Section 1.a.).
    On March 20 and November 26 respectively, by elections were held to 
fill seats left vacant by the deaths of two Members of Parliament; HRPP 
candidates won both seats. At year's end, the HRPP held 32 of the 
Parliament's 49 seats.
    There were no prohibitions on the formation of opposition parties, 
and there were several such parties.
    Government corruption did not appear to be a major problem, 
although there were some instances of corrupt practices such as bribery 
and misuse of public funds. During the year, charges were brought 
against several current and former Ministry of Health employees for 
theft of government funds; the alleged incidents occurred in 2002. At 
year's end, the cases were pending, and investigation into the alleged 
financial irregularities at the Ministry was continuing. The Chief 
Executive Officer of the Ministry, during whose tenure the alleged 
offenses occurred, was suspended in September; his employment contract 
expired in November.
    The 1988 Ombudsman Act provides for an ombudsman with the authority 
to investigate complaints by both citizens and noncitizens concerning 
administrative actions by government agencies, officials, or employees, 
including allegations of corruption. Under the act, the Ombudsman may 
require the Government to furnish the Ombudsman with information 
relating to any matter that is the subject of a complaint.
    Under the 1974 Government Proceedings Act, government information 
is subject to disclosure to parties to any civil proceeding involving 
the government, unless the information is considered privileged or, in 
the opinion of a Minister of Government, its disclosure would harm the 
public interest.
    There were 3 women in the 49 member legislature, and 1 woman in the 
13 person Cabinet. The political rights of citizens who are not of 
ethnic Samoan heritage are addressed by the reservation of two 
parliamentary seats for ``at large'' voters. One cabinet minister was 
an at large M.P. of mixed European Samoan heritage. Citizens of mixed 
European Samoan or Chinese Samoan heritage were well represented in the 
civil service.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    A number of domestic and international human rights groups 
generally operated without government restriction, investigating and 
publishing their findings on human rights cases. Government officials 
were cooperative and responsive to their views.
Section 5. Discrimination, Societal Abuse, and Trafficking in Persons
    The Constitution prohibits discrimination based on race, sex, 
disability, language, or social status. Citizens of foreign heritage 
constituted approximately 3 percent of the population; they were not 
subjected to discrimination.
    Politics and culture reflect a heritage of matai privilege and 
power, and members of certain families have some advantages. While 
there was discrimination against women and non matai, who only 
occasionally reached high office, women (and particularly the few 
female matai) played an important role in society.

    Women.--While the law prohibits the abuse of women, social custom 
tolerates their physical abuse within the home; such abuse was common. 
The role and rights of the village fono and tradition prevented police 
from interfering in instances of domestic violence, unless there was a 
complaint from the victim which village custom strongly discouraged. 
While police received some complaints from abused women, domestic 
violence offenders typically were punished by village fono, but only if 
the abuse was considered extreme (that is, visible signs of physical 
abuse). Village religious leaders also may intervene in domestic 
disputes. The Government punished persons responsible for extreme 
assault cases, including by imprisonment.
    The Government did not keep statistics on domestic abuse cases, but 
acknowledged the problem to be one of increasing concern. Under a 
project funded by the Australian government and attached to the 
Ministry of Police, the Government was working to develop an 
interagency approach to combat domestic violence. One aim of the 
project was to train police officers to respond to domestic disputes 
and to work with NGOs to support their counseling of victims and 
abusers. At year's end, proposed options to accomplish the project's 
goals were under consideration by the Government.
    Many cases of rape still go unreported because tradition and custom 
discourage such reporting; spousal rape is not illegal. Nonetheless, 
the authorities noted an increasing number of reported cases of rape, 
as women slowly became more forthcoming with the police. Rape cases 
that reached the courts were treated seriously. Convicted offenders 
often were given sentences of several years' imprisonment.
    Prostitution is illegal; it existed, but was not a major problem. 
The law does not address sex tourism specifically; however, it was not 
a problem. The law prohibits sexual harassment; it was not a widespread 
problem but was believed to be underreported.
    Women have equal rights under the Constitution and statutory law, 
and the traditional subordinate role of women is changing, albeit 
slowly, particularly in the more conservative parts of society. The 
Ministry of Women, Community, and Social Development oversees and helps 
secure the rights of women. In order to integrate women into the 
economic mainstream, the Government sponsored literacy programs and 
training programs for those who did not complete high school.

    Children.--The Government made a strong commitment to the welfare 
of children through the implementation of various youth programs by the 
Ministry of Education and the Ministry of Health. Education is formally 
compulsory through age 14; however, the Government did not enforce this 
law, and the children of families that could not pay the required 
school fees were unable to attend. Boys and girls were treated equally 
and attended school in approximately equal percentages. Most children 
attended school through junior high school. The Government provided 
health care for children at public hospitals for minimal charge. Law 
and tradition prohibit severe abuse of children, but both tolerate 
corporal punishment. The police have noted an increase in reported 
cases of child abuse, which was attributed to citizens becoming more 
aware of the need to report the physical, emotional, and sexual abuse 
of children. The Government aggressively prosecuted such cases. There 
were no reports of commercial sexual exploitation of children. The NGO 
Mapusaga o Aiga (Women against Domestic Violence) provided limited 
educational programs on children's rights.
    There was one privately run behavior modification camp for foreign 
children with emotional or behavioral problems. The children were 
enrolled in the camp by their parents.

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

    Persons With Disabilities.--There is no law pertaining specifically 
to the status of persons with disabilities or regarding accessibility 
to public buildings for them. Tradition dictates that families care for 
persons with disabilities, and this custom was observed widely in 
practice. There were no reports of discrimination against persons with 
disabilities in the areas of employment, education, access to health 
care, or in the provision of other state services. Many public 
buildings were old, and only a few were accessible to persons with 
disabilities. Most new buildings provided better access, including 
elevators in most multistory buildings.
    The Ministry of Women, Community and Social Development has 
responsibility for protecting the rights of persons with disabilities.
Section 6. Worker Rights
    a. The Right of Association.--Workers legally have unrestricted 
rights to establish and join organizations of their own choosing. There 
were no practical limitations to union membership, and approximately 20 
percent of the private sector workforce was unionized. The Public 
Service Association, which represents government workers (an important 
sector of the work force), also functions as a union.

    b. The Right to Organize and Bargain Collectively.--While workers 
have the legal right to engage in collective bargaining, they seldom 
have practiced it, due to the relative novelty of union activity. The 
Public Service Association engages in collective bargaining on behalf 
of government workers, including bargaining on wages. Under the 
provisions of the Labor and Employment Act, arbitration and mediation 
procedures are in place to resolve labor disputes, although such 
disputes rarely arise.
    The Supreme Court has upheld the right of government workers to 
strike, subject to certain restrictions imposed principally for reasons 
of public safety. Workers in the private sector have the right to 
strike, but there were no strikes during the year. The Ministry of 
Labor adjudicates any cases of anti union discrimination or of 
retribution against strikers or union leaders on a case by case basis.
    There are no special laws or exemptions from regular labor laws in 
the sole export processing zone.

    c. Prohibition of Forced or Compulsory Labor.--The law prohibits 
forced or compulsory labor, including by children; however, in this 
collective society, persons, including minors, frequently were called 
upon to work for their villages. Most persons did so willingly; 
however, the matai may compel those who do not.

    d. Prohibition of Child Labor and Minimum Age for Employment.--
Under the law, it is illegal to employ children under 15 years of age 
except in ``safe and light work.'' The Ministry of Labor refers 
complaints about illegal child labor to the Attorney General for 
enforcement; however, no cases were prosecuted during the year. 
Children frequently were seen vending goods and food on Apia street 
corners. The Government has not made a definitive determination as to 
whether this practice violates the country's labor laws, which cover 
only persons who have a place of employment. Although the practice may 
constitute a violation of the law, local officials mostly tolerated it. 
There were no reports of compulsory labor by children; however, the law 
does not apply to service rendered to the matai, some of whom required 
children to work for the village, primarily on village farms (see 
Section 6.c.). The extent of this practice varied by village, but it 
generally did not significantly disrupt children's education.

    e. Acceptable Conditions of Work.--The law establishes a 40 hour 
workweek for the private sector and an hourly minimum wage of $0.55 
(WS$1.60). An advisory commission to the Minister of Labor sets minimum 
wages. Wages in the private sector are determined by competitive demand 
for the required skills. The national minimum wage sufficed for a 
decent standard of living for a worker and family when supplemented by 
the subsistence farming and fishing in which most families engaged. The 
law provides that no worker should be required to work for more than 40 
hours in any week.
    The law also establishes certain rudimentary safety and health 
standards, which the Attorney General is responsible for enforcing. 
However, independent observers reported that the safety laws were not 
enforced strictly, except when accidents highlighted noncompliance. 
Many agricultural workers, among others, were protected inadequately 
from pesticides and other dangers to health. Government education 
programs were addressing these concerns. The law does not apply to 
service rendered to the matai. While the law does not address 
specifically the right of workers to remove themselves from a dangerous 
work situation, a report of such a case to the Commissioner of Labor 
would prompt an investigation, without jeopardy to continued 
employment. Government employees are covered under different and more 
stringent regulations, which were enforced adequately by the Public 
Service Commission.
    The law protects foreign workers; minimum wage and working 
conditions standards apply equally to them.

                               __________

                               SINGAPORE

    Singapore is a parliamentary republic in which politics is 
dominated overwhelmingly by the People's Action Party (PAP), which has 
been in power since the country gained autonomy from the United Kingdom 
in 1959. Opposition parties exist, and elections take place at regular, 
constitutionally mandated intervals; however, the PAP holds 82 of 84 
elected parliamentary seats and all ministerial positions. The 
judiciary is efficient and constitutionally independent; however, there 
is a general perception that it reflects the views of the ruling party 
in politically sensitive cases. Moreover, a variety of executive 
actions are exempt from judicial review. Government leaders used court 
proceedings, in particular defamation suits, against political 
opponents and critics.
    The police are responsible for routine security within the country 
and for border protection, including action against illegal immigrants. 
Military forces are responsible for external defense. The Internal 
Security Department (ISD) in the Ministry of Home Affairs is authorized 
by the Internal Security Act (ISA) to counter perceived threats to the 
nation's security such as espionage, international terrorism, threats 
to racial and religious harmony, and subversion. The Government 
maintained effective control over all security activities. There were 
no reports that security forces committed human rights abuses.
    The country has a free market economy, and wealth is distributed 
broadly. Its population is approximately 4.1 million, with foreign 
workers accounting for nearly one-fifth of the total. Key economic 
sectors include financial and business services, manufacturing of 
semiconductors and telecommunications equipment, petroleum refining and 
petrochemical production. After more than 30 years of high growth 
rates, economic performance has been inconsistent since 2000. In 2003, 
the economy grew an estimated 1.1 percent, but on the back of renewed 
export demand, it has expanded dramatically in the first half of the 
year, with gross domestic product increasing 12.5 percent and projected 
to reach 8.1 percent for the year. Unemployment peaked at 5.5 percent 
in the third quarter of 2003, as the city-state grappled with 
structural changes in the economy; during the year, unemployment was 
3.4 percent.
    The Government generally respected the human rights of its 
citizens; however, there were significant problems in some areas. The 
Government has broad powers to limit citizens' rights and to handicap 
political opposition, which it used in practice. Caning, in addition to 
imprisonment, was a routine punishment for numerous offenses. The 
Government continued to rely on preventive detention to deal with 
espionage, terrorism, organized crime, and narcotics. The authorities 
sometimes infringed on citizens' privacy rights. The Government 
continued to restrict significantly freedom of speech and freedom of 
the press, as well as to limit other civil and political rights. 
Government pressure to conform resulted in the practice of self 
censorship among journalists. Government leaders continued to use court 
proceedings and defamation suits against political opponents and 
critics. These suits, which have consistently been decided in favor of 
government plaintiffs, chilled political speech and action and created 
a perception that the ruling party used the judicial system for 
political purposes. Restrictions on indoor public events were partially 
relaxed during the year, and there was a moderate level of ongoing 
debate in newspapers and on the Internet on various public issues. A 
``Speakers' Corner'' continued to provide a public forum for persons to 
address a range of issues; however, government restrictions on its use, 
including prohibitions against the discussion of sensitive ethnic or 
religious issues, inhibited free speech. The Government significantly 
restricted freedom of assembly and freedom of association. Jehovah's 
Witnesses and the Unification Church are banned; however, freedom of 
religion generally was otherwise respected. Some violence and 
discrimination against women occurred. Trafficking in persons occurred.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Arbitrary or Unlawful Deprivation of Life.--There were no 
reports of arbitrary or unlawful deprivation of life committed by the 
Government or its agents.

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

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The law prohibits such practices, and the Government 
generally respected these prohibitions. In March, a detainee charged 
with stealing $120,000 (S$200,000) from a Housing Development Board 
office claimed that, while he was under interrogation in July 2003, 
police officers used physical means to force him to confess and also 
threatened to arrest his wife. The judge ruled that the confession was 
involuntary, refused to allow it into evidence, and subsequently 
acquitted the man of all charges. As of March, the Police Force had not 
taken any action against the officers accused of using ``physical 
means'' because the detainee had not lodged a complaint prior to the 
trial.
    In previous years, there were a small number of cases involving 
alleged police mistreatment of detainees. Persons who alleged 
mistreatment were permitted to bring criminal charges against 
government officials suspected of involvement. The media reported fully 
on allegations of police abuse, and the Government took action against 
abusers. In April, the High Court reinstated a police officer after he 
had won an appeal of the decision dismissing him in 2000 for allegedly 
slapping three female detainees.
    The Penal Code mandates caning, in addition to imprisonment, as 
punishment for approximately 30 offenses involving the use of violence 
or threat of violence against a person, such as rape and robbery, and 
for nonviolent offenses such as vandalism, drug trafficking, and 
violation of immigration laws. Caning is discretionary for convictions 
on other charges involving the use of force, such as kidnapping or 
voluntarily causing grievous hurt. All women, men over age 50 or under 
age 16, and anyone determined medically unfit are exempt from 
punishment by caning. Although statistics for the year were not 
available, caning was a commonly administered punishment.
    Prison conditions, while Spartan, generally were believed to meet 
international standards. However, a member of an opposition party who 
served a 5-week prison sentence in 2002 said after his release that he 
and other sick bay inmates had been chained to their beds at night. The 
Government responded that the inmates were restrained to minimize the 
risk of hurting themselves, medical staff, or other inmates.
    Male and female prisoners were held separately, and juveniles were 
held separately from adults. Pretrial detainees were held separately 
from convicts. Persons detained under the ISA also were held in 
separate facilities.
    The Government did not allow human rights monitors to visit 
prisons; however, diplomatic representatives were given consular access 
to citizens of their countries.

    d. Arbitrary Arrest or Detention.--The law provides that, in most 
instances, arrests be carried out following the issuance of an 
authorized warrant; however, some laws, such as the ISA, provide for 
arrests without warrants. Those arrested under warrants must be charged 
before a magistrate within 48 hours. The majority of those arrested are 
charged expeditiously and brought to trial. A functioning system of 
bail exists, but there are no commercial bail bond services available. 
Those who face criminal charges are allowed counsel, and the Law 
Society of Singapore administered a criminal legal aid plan for those 
who could not afford to hire an attorney. In death penalty cases, the 
Supreme Court appoints two attorneys for defendants who are unable to 
afford their own counsel.
    The police force was well trained and highly disciplined. 
Corruption was not a problem, and the police effectively maintained 
internal law and order.
    Some laws--the ISA, the Criminal Law (Temporary Provisions) Act 
(CLA), the Misuse of Drugs Act (MDA), and the Undesirable Publications 
Act (UPA)--have provisions for arrest and detention without a warrant 
or judicial review. The ISA has been employed primarily against 
suspected security threats. Historically, these threats have been 
Communist-related; however, in recent years, the ISA has been employed 
against suspected terrorists. Opposition politicians have called for 
the abolition of the ISA, but the Government has rejected these calls, 
claiming that citizens accept the act as an element of the nation's 
security. The CLA historically has been employed primarily against 
suspected organized crime and drug trafficking.
    The ISA and the CLA permit preventive detention without trial for 
the protection of public security, safety, or the maintenance of public 
order. The ISA gives broad discretion to the Minister for Home Affairs 
at the direction of the President to order detention without filing 
charges, if the latter determines that a person poses a threat to 
national security. The initial detention may be for up to 2 years and 
may be renewed without limitation for additional periods of up to 2 
years at a time. Detainees have a right to be informed of the grounds 
for their detention and are entitled to counsel. However, they have no 
right to challenge the substantive basis for their detention through 
the courts. The ISA specifically excludes recourse to the normal 
judicial system for review of a detention order made under its 
authority. Instead, detainees may make representations to an advisory 
board, headed by a Supreme Court justice, which reviews each detainee's 
case periodically and must make a recommendation to the President 
within 3 months of the initial detention. The President may concur with 
the advisory board's recommendation that a detainee be released prior 
to the expiration of the detention order, but he is not obligated to do 
so.
    At year's end, 36 detainees were being held under the ISA as 
suspected terrorists. Of these detainees, 34 were suspected of 
belonging to the Jemaah Islamiyah, an Al-Qa'ida-affiliated terrorist 
group, and 2 were suspected of membership in the Philippines-based Moro 
Islamic Liberation Front. The first arrests of 15 suspected terrorists 
occurred in 2001; another group of 22 was arrested in August and 
September 2002, of whom 19 were detained and 3 were released under 
Restriction Orders (ROs); a person subject to an RO must seek official 
approval for a change of address or occupation and for overseas travel 
and participation in any public organization or activity. One new 
suspect was detained during the year. In January, the Ministry of Home 
Affairs announced that ISA ROs had been issued for 12 men with 
suspected terrorist affiliations.
    The CLA comes up for renewal every 5 years, and when Parliament 
renewed it in September, it also passed an amendment that will allow 
taking DNA samples. Under the CLA, the Minister for Home Affairs may 
order preventive detention, with the concurrence of the Public 
Prosecutor, for an initial period of 1 year, and the President may 
extend detention for additional periods of up to 1 year at a time. The 
Minister must provide a written statement of the grounds for detention 
to the Criminal Law Advisory Committee (CLAC) within 28 days of the 
order. The CLAC then reviews the case at a private hearing. CLAC rules 
require detainees be notified of the grounds of their detention at 
least 10 days prior to this hearing, in which a detainee may represent 
himself or be represented by a lawyer. After the hearing, the Committee 
makes a written recommendation to the President, who may cancel, 
confirm, or amend the detention order. However, persons detained under 
the CLA may have recourse to the courts via an application of a writ of 
habeas corpus. Persons detained without trial under the CLA are 
entitled to counsel, but they may challenge only the substantive basis 
for their detention to the CLAC. The CLA is used almost exclusively in 
cases involving narcotics or criminal organizations and has not been 
used for political purposes. According to the most recent official 
figures, 211 persons were in detention under the provisions of the CLA 
in 2003, down from 463 in 1998 and 1,263 in 1988. Persons who allege 
mistreatment while in detention may bring criminal charges against 
government officials alleged to have committed such acts.
    Both the ISA and the CLA contain provisions that allow for modified 
forms of detention such as curfews, residence limitations, requirements 
to report regularly to the authorities, limitations on travel, and, in 
the case of the ISA, restrictions on political activities and 
association.
    The MDA permits detention without trial. Under the MDA, the 
director of the Central Narcotics Bureau also may commit--without 
trial--suspected drug abusers to a drug rehabilitation center for a 6-
month period, which is extendable by a review committee of the 
institution for up to a maximum of 3 years. According to the most 
recent statistics available, from January to September 2003, 225 
persons were committed to drug rehabilitation centers. Under the 
Intoxicating Substances Act, the CNB director may order the treatment 
for rehabilitation of a person believed to be an inhalant drug abuser 
for up to 6 months. Other sections of the MDA allow for capital 
punishment or conviction of persons found guilty of narcotics 
trafficking offenses (see Section 1.e.).

    e. Denial of Fair Public Trial.--The Constitution provides for an 
independent judiciary, and the Government generally respected this 
provision; however, in practice, laws that limit judicial review permit 
restrictions on constitutional rights. Some judicial officials, 
especially Supreme Court judges, have ties to the ruling party and its 
leaders. The President appoints judges to the Supreme Court on the 
recommendation of the Prime Minister and in consultation with the Chief 
Justice. The President also appoints subordinate court judges on the 
recommendation of the Chief Justice. The term of appointment is 
determined by the Legal Service Commission, of which the Chief Justice 
is the Chairman. Under the ISA and the CLA, the President and the 
Minister of Home Affairs have substantial de facto judicial power, 
which explicitly (in the case of the ISA) or implicitly (in the case of 
the CLA) excludes normal judicial review. These laws provide the 
Government with the power to limit, on vaguely defined national 
security grounds, the scope of certain fundamental liberties that 
otherwise are provided for in the Constitution.
    Government leaders historically have used court proceedings, in 
particular defamation suits, against political opponents and critics 
(see Sections 2.a. and 3). Both this practice and consistent awards in 
favor of government plaintiffs raised questions about the relationship 
between the Government and the judiciary and led to a perception that 
the judiciary reflected the views of the ruling party in politically 
sensitive cases. One of the more prominent of these cases was a 
defamation suit brought by then Prime Minister Goh Chok Tong and then 
Senior Minister Lee Kuan Yew against opposition leader Chee Soon Juan 
for comments Chee made during the 2001 election campaign. Chee, stating 
that he was unable to retain competent local counsel, requested that 
the judge allow a foreign attorney to represent him. The request was 
denied, and Chee, representing himself, lost at a summary judgment 
proceeding in 2002. In February 2003, Chee again represented himself at 
his appeal, but the appeal was denied in April 2003. At year's end, the 
case was pending with the High Court to determine damages.
    The judicial system has two levels of courts: The Supreme Court, 
which includes the High Court and the Court of Appeal; and the 
subordinate courts. Subordinate court judges and magistrates, as well 
as public prosecutors, are civil servants whose specific assignments 
are determined by the Legal Service Commission, which can decide on job 
transfers to any of several legal service departments. The subordinate 
courts handle the great majority of civil and criminal cases in the 
first instance. The High Court may hear any civil or criminal case, 
although it generally limits itself to civil matters involving 
substantial claims and criminal matters carrying the death penalty or 
imprisonment of more than 10 years. The Court of Appeal is the highest 
and final court of review for matters decided in the subordinate courts 
or the High Court. In addition, the law provides for Islamic courts 
whose authority is limited to Islamic family law, which is applicable 
only to Muslims. Supreme Court Justices may choose to remain in office 
until the mandatory retirement age of 65, after which they may continue 
to serve at the Government's discretion for brief, renewable terms at 
full salary. The Constitution permits the Prime Minister or the Chief 
Justice to convene a tribunal to remove a justice ``on the ground of 
misbehavior or inability...to properly discharge the functions'' of 
office, but this provision has never been used.
    The judicial system provides citizens with an efficient judicial 
process. In normal cases, the Criminal Procedures Code provides that a 
charge against a defendant must be read and explained to him as soon as 
it is framed by the prosecution or the magistrate. Defendants enjoy a 
presumption of innocence and the right of appeal in most cases. They 
have the right to be present at their trials and to be represented by 
an attorney; the Law Society administers a criminal legal aid plan for 
those who cannot afford to hire an attorney. Since November 2003, the 
Attorney General's Chambers has conducted a pilot Criminal Case 
Management System, which accelerates the provision of relevant 
documents to defense counsel. Defendants also have the right to 
question opposing witnesses, to provide witnesses and evidence on their 
own behalf, and to review government-held evidence relevant to their 
cases. Trials are public and heard by a judge; there are no jury 
trials. Despite the general presumption of innocence, the MDA 
stipulates that a person who the prosecution proves has illegal 
narcotics in his possession, custody, or control shall be assumed to be 
aware of the substance, and places the burden on the defendant to prove 
otherwise. The same law also stipulates that, if the amount of the 
narcotic is above set low limits, it is the defendant's burden to prove 
he did not have the drug for the purpose of trafficking. Convictions 
for narcotics trafficking offenses carry lengthy jail sentences or the 
death penalty, depending on the type and amount of the illegal 
substance. Persons charged with a capital offense under the MDA have 
the right to a public trial and to appeal conviction.
    The Constitution extends these rights to all citizens; however, 
persons detained under the ISA or CLA are not entitled to a public 
trial. In addition, proceedings of the advisory board under the ISA and 
CLA are not public (see Section 1.d.).
    A two-tier military court system has jurisdiction over all military 
servicemen, civilians in the service of the Armed Forces, and 
volunteers when they are ordered to report for service. The system 
handles approximately 450 cases each year. The Military Court of Appeal 
has the jurisdiction to examine an appeal from a person convicted at a 
subordinate military court. Trials are public and the defendants have 
the right to be present. An accused individual also has the right to 
defense representation.
    There were no reports of political prisoners.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The Constitution does not address privacy rights. The 
Government generally respected the privacy of homes and families; 
however, it had a pervasive influence over civic and economic life and 
sometimes used its broad discretionary powers to infringe on these 
rights. Normally the police must have a warrant issued by a court to 
conduct a search; however, they may search a person, home, or a 
property without a warrant if they decide that such a search is 
necessary to preserve evidence. The Government has wide-ranging 
discretionary powers under the ISA, CLA, MDA, and UPA to conduct 
searches without a warrant if it determines that national security, 
public safety and order, or the public interest is at risk. Defendants 
may request judicial review of such searches.
    Law enforcement agencies, including the Internal Security 
Department and the Corrupt Practices Investigation Board, have 
extensive networks for gathering information and conducting 
surveillance and highly sophisticated capabilities to monitor telephone 
and other private conversations. No court warrants are required for 
such operations. The law permits government monitoring of Internet use. 
It was believed that the authorities routinely monitor telephone 
conversations and the use of the Internet; however, there were no 
confirmed reports of such practices during the year. It is widely 
believed that the authorities routinely conducted surveillance on some 
opposition politicians and other government critics; however, no such 
reports were substantiated during the year.
    In pursuit of what it considers the public interest, the Government 
enforced ethnic ratios for publicly subsidized housing, where the 
majority of citizens live and own their own units. The policy was 
designed to achieve an ethnic mix more or less in proportion to that in 
society at large (see Sections 1.d. and 5). When a housing development 
is at or near the limit for a particular ethnic group, the policy could 
mean owners find it difficult to sell their apartments or are forced to 
sell at a lower price to a person of the underrepresented group.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The Constitution provides for 
freedom of speech and freedom of expression but permits official 
restrictions on these rights, and, in practice, the Government 
significantly restricted freedom of speech and freedom of the press. 
The Government's authoritarian style fostered an atmosphere inimical to 
free speech and a free press. Government intimidation and pressure to 
conform resulted in the practice of self-censorship among journalists; 
however, there continued to be some limited progress towards greater 
openness during the year, including a moderate level of ongoing debate 
in newspapers and on the Internet on various public issues.
    Under the ISA, the Government may restrict or place conditions on 
publications that incite violence, counsel disobedience to the law, 
have the potential to arouse tensions in the country's diverse 
population, or might threaten national interests, national security, or 
public order. While the ISA has not been invoked in recent years 
against political opponents of the Government, political opposition and 
criticism remained restricted by the Government's authority to define 
these powers broadly. In the past, occasional government references to 
speech that it considered ``out-of-bounds'' were understood to be 
implicit threats to invoke the ISA; however, these limits are not 
codified, and journalists and others generally believed these 
limitations have shifted toward greater tolerance in recent years.
    Government leaders urged that news media support the goals of the 
elected leadership and help maintain social and religious harmony. In 
addition, strict defamation and press laws and the Government's 
demonstrated willingness to respond vigorously to what it considered 
personal attacks on officials sometimes led journalists and editors to 
moderate or limit what was published.
    On August 22, newly inaugurated Prime Minister Lee Hsien Loong 
announced that beginning September 1, citizens no longer needed police 
approval to speak at indoor public gatherings unless the topic impinged 
on race or religion. Foreigners still needed a permit, and police 
further specified that any such indoor public gatherings had to be held 
in enclosed spaces that were not within hearing or view of non-
participants.
    Prior to this relaxation, under the Public Entertainment and 
Meetings Act (PEMA), a permit was required for virtually any form of 
public speech or entertainment (see Section 2.b.). In 2002, opposition 
leader Chee Soon Juan was charged under the PEMA for holding an 
unauthorized rally outside the Istana, the government compound that 
houses the offices of the President and Prime Minister; Chee served 5 
weeks in prison rather than pay the $1,715 (S$3,000) fine.
    In 2000, the Speakers' Corner opened in a financial district park; 
however, government restrictions limited the ability to speak freely. 
Prospective speakers must be citizens, must show their identification 
cards, and are required to register in advance with the police. 
However, they do not need to obtain a public entertainment license. 
Speakers Corner rules were relaxed during the year to allow exhibitions 
and performances; however, sound amplification is still banned. A list 
of registered speakers was posted on a notice board outside the police 
station. While it was not necessary to declare speech topics in 
advance, government regulations governing the Speakers' Corner state 
that ``the speech should not be religious in nature and should not have 
the potential to cause feelings of enmity, ill will, or hostility 
between different racial or religious groups.'' In 2002, opposition 
figure Chee Soon Juan was fined $1,715 (S$3,000) for a speech 
criticizing the government ban on schoolgirls wearing the ``tudung,'' a 
headscarf that some Muslims consider a religious requirement (see 
Section 2.c.); under the Constitution, anyone fined more than $1,140 
(S$2,000) cannot run for Parliament for 5 years.
    The Government strongly influenced both the print and electronic 
media. Two companies, Singapore Press Holdings Ltd. (SPH) and 
MediaCorp, own all general circulation newspapers in the four official 
languages--English, Chinese, Malay, and Tamil. MediaCorp is wholly 
owned by the government investment company. SPH is a private holding 
company with close ties to the Government; the Government must approve 
(and can remove) the holders of SPH management shares, who have the 
power to appoint or dismiss all directors or staff. As a result, while 
newspapers printed a large and diverse selection of articles from 
domestic and foreign sources, their editorials, coverage of domestic 
events, and reporting of sensitive foreign relations issues closely 
reflected government policies and the opinions of government leaders. 
However, columnists' opinions and letters to the editor expressed a 
moderate range of opinions on public issues. In October, an annual 
survey of journalists conducted by the international nongovernmental 
organization (NGO) Reporters Without Borders ranked the country as 
147th out of 167 countries in terms of press freedom; the 
organization's report on the country noted strong government and ruling 
party influence over the media as well as continued censorship and self 
censorship.
    Government-linked companies and organizations operated all 
broadcast television channels and almost all radio stations. Only one 
radio station, the British Broadcasting Corporation World Service, was 
completely independent of the Government. Some Malaysian and Indonesian 
television and radio programming can be received, but satellite dishes 
are banned, with few exceptions. However, cable subscribers have access 
to three foreign television news channels and many entertainment 
channels, including some with news programs.
    A substantial number of foreign media operations were located 
within the country. The law requires foreign publications that report 
on politics and current events in Southeast Asia to register, post a 
$114,286 (S$200,000) bond, and name a person in the country to accept 
legal service. The Government has granted exemptions to 14 of the 17 
publications to which these requirements could apply. Nonetheless, 
these requirements strengthen the Government's control over foreign 
media. Under the Newspaper and Printing Presses Act, the Government may 
limit the circulation of foreign publications that it determines 
interfered with domestic politics. The importation of some publications 
is barred, although a wide range of international magazines and 
newspapers can be purchased uncensored. Newspapers printed in Malaysia 
may not be imported. The circulation of the Asian Wall Street Journal 
and the Far Eastern Economic Review, both foreign publications, was 
limited (or ``gazetted''). The Government has raised the allowed 
circulation of publications to correspond more or less to actual 
demand. The Government also may ban the circulation of domestic and 
foreign publications under provisions of the ISA and the UPA. In 2001, 
Parliament passed an amendment to the Broadcasting Act that empowers 
the Minister for Information, Communication, and the Arts to 
``gazette'' or place formal restrictions on any foreign broadcaster 
deemed to be engaging in domestic politics. Once gazetted, a 
broadcaster can be required to obtain express permission from the 
Minister to continue broadcasting in the country. The broadcaster also 
may have restrictions imposed on the number of households receiving its 
programming and can be fined up to $57,000 (S$100,000) for failing to 
comply with this provision.
    The country's defamation laws make it relatively easy for some 
plaintiffs to win substantial judgments for damages and legal costs. 
Conviction on criminal defamation charges can result in a prison 
sentence of up to 2 years, a fine, or both. Threats of defamation 
actions often persuaded newspapers and others to apologize and pay 
damages for perceived slights, a situation which prompted general 
caution in expressing criticism. Critics charged that government 
leaders used defamation lawsuits or threats of such actions to 
discourage public criticism and intimidate opposition politicians and 
the press. The unbroken success of government leaders' suits in the 
last decade has fostered public caution about political speech, has 
prompted a culture of self-censorship within the news media, and has 
inhibited opposition politics. During the last decade, ruling party 
leaders sued opposition politicians J.B. Jeyaretnam, Chee Soon Juan, 
and Tang Liang Hong for defamation several times. The Government argued 
that these individuals repeatedly had defamed ruling party leaders, who 
then acted to clear their names. In 2001, then Senior Minister Lee Kuan 
Yew and Prime Minister Goh Chok Tong sued opposition leader Chee Soon 
Juan for defamation (see Section 1.e.).
    In September, the Economist magazine announced that it had agreed 
to pay damages to Prime Minister Lee Hsien Loong and Minister Mentor 
Lee Kuan Yew in connection with an article published in its August 14 
issue. The article was taken to imply that nepotism had played a part 
in the appointment of Ho Ching, the Prime Minister's wife, to head 
Temasek Holdings, the country's key state investment entity. Newspaper 
accounts reported that the amount paid was $229,000 (S$380,000) plus 
legal costs.
    In 2002, the Bloomberg news service publicly apologized and agreed 
to pay $340,000 (S$595,000) in damages to then Prime Minister Goh and 
Senior Minister Lee Kuan Yew for an Internet-distributed Bloomberg 
column that accused them of nepotism in regard to the Ho Ching 
appointment at Temasek.
    The Singapore Broadcasting Authority (SBA) censored broadcast media 
and Internet sites. The Ministry of Information, Communication, and the 
Arts (MICA) censored all other media, including movies, video 
materials, computer games, and music. Banned publications consisted 
primarily of sexually oriented materials but also included some 
religious and political publications. Both SBA and MICA developed 
censorship standards with the help of a citizen advisory panel. The 
ISA, the UPA, and the Films Act allow the banning, seizure, censorship, 
or restriction of written, visual, or musical materials by these 
agencies if they determine that such materials threaten the stability 
of the State, are pro-Communist, contravene moral norms, are 
pornographic, show excessive or gratuitous sex and violence, glamorize 
or promote drug use, or incite racial, religious, or linguistic 
animosities. The Films Act bans political advertising using films or 
videos, as well as films directed towards any political purpose. Other 
restrictions tightly control the types of campaign materials that can 
be distributed by or about candidates and parties during an election.
    The Media Development Authority (MDA) has the power to sanction 
broadcasters for airing what it believes to be inappropriate content, 
and it has exercised this power in the past. All content airing between 
6:00 a.m. and 10:00 p.m. must be suitable for viewers of all ages. 
Polls indicated strong public support for continued censorship of sex 
and violence in films; in July, a (Government) Censorship Review 
Committee report cited polling data that 70 percent of the public was 
satisfied with existing censorship practices and recommended few 
changes. A list of banned films was available on the MDA website. 
Certain films that have been barred from general release may be allowed 
limited showings, either censored or uncensored, with a special rating. 
In practice, censorship standards have been significantly relaxed in 
recent years for live theater performances. Plays with overtly sexual 
or anti-ruling party themes have been permitted.
    The SBA regulates access to material on the Internet, using a 
framework of website licenses. Internet service providers (ISPs) are 
not required to submit content for approval before posting but are 
required to ensure that content complies with the SBA's Internet Code 
of Conduct. It also regulates Internet material by licensing the ISPs 
through which local users are required to route their Internet 
connections. Such services act as a filter for content that the 
Government considers objectionable and could block access to certain 
sites. While the Government did not consider regulation of the Internet 
to be censorship, the SBA directed service providers to block access to 
websites that, in the Government's view, undermined public security, 
national defense, racial and religious harmony, and public morals. The 
SBA has ordered ISPs to block 100 specific websites that the Government 
considered pornographic; officials stated that this step was largely 
symbolic since means existed to circumvent the blocking. The SBA 
indicated it does not intend to monitor the Internet or e-mail use but 
to block access to material that contains pornography or excessive 
violence or incites racial or religious hatred. Those responsible for 
sites that violate the Code of Practice can face charges, including 
fines. The Government has not taken official action against any ISPs 
for violating the code.
    Political and religious websites must register with the MDA.
    All public institutions of higher education and political research 
institutions are linked closely to the Government. Although faculty 
members are not technically government employees, in practice they were 
subject to potential government influence. Academics spoke and 
published widely and engaged in debate on social and political issues. 
However, they were aware that any public comments outside the classroom 
or in academic publications that ventured into prohibited areas--
criticism of political leaders or sensitive social and economic 
policies, or comments that could disturb ethnic or religious harmony or 
that appeared to advocate partisan political views--could subject them 
to sanctions. Publications by local academics and members of research 
institutions rarely deviated substantially from government views.

    b. Freedom of Peaceful Assembly and Association.--The Constitution 
provides citizens the right to peaceful assembly but permits Parliament 
to impose restrictions ``it considers necessary or expedient'' in the 
interest of security, public order, or morality; in practice, the 
Government restricted this right. Public assemblies of five or more 
persons, including political meetings and rallies, require police 
permission; however, during the year the Government relaxed rules (see 
Section 2.a.) so that citizens no longer need permits for some indoor 
speaking events. Spontaneous public gatherings or demonstrations were 
virtually unknown. The Government closely monitored political 
gatherings regardless of the number of persons present. Persons who 
wished to speak at a public function, excluding functions provided by 
or under the auspices of the Government, needed to obtain a public 
entertainment license from the police; however, since 2001, regulations 
have exempted some cultural events (such as Chinese operas or lion 
dances), requiring 7-day advance notice to the police in lieu of a 
permit. In the past, opposition politicians routinely experienced 
delays before being notified of decisions on their applications for 
speaking permits, although the Government claimed that the delays came 
only when applications were submitted late. According to the police, 
the normal processing time for an application was 7 working days from 
the date of receipt.
    In December, the police denied a public entertainment license for 
an indoor party marketed to the homosexual community, citing concerns 
that the event was ``likely to be organized as a gay party, which is 
contrary to the public interest.'' The Government had allowed the event 
in prior years and, in August, had licensed a third annual 3 day 
festival advertised to homosexuals throughout Asia, an event that 
attracted approximately 8,000 participants. In December 2003, the 
police denied a public entertainment license for a forum on Burma 
organized by the Alliance for Reform and Democracy in Asia and the 
Taiwan Foundation for Democracy, asserting that ``the proposed event is 
likely to be contrary to the public interest.'' The police did grant a 
license for a December 2003 event organized by an NGO to present the 
Human Rights Defender award to J.B. Jeyaretnam, former Member of 
Parliament (M.P.) and former Secretary General of the Workers' Party.
    Most associations, societies, clubs, religious groups, and other 
organizations with more than 10 members are required to register with 
the Government under the Societies Act. The Government denied 
registration to groups that it believed were likely to have been formed 
for unlawful purposes or for purposes prejudicial to public peace, 
welfare, or public order. From 1999 to 2003, authorities denied 
registration to 10 of 1,236 groups seeking registration. The Government 
has absolute discretion in applying criteria to register or dissolve 
societies. The Government prohibits organized political activities 
except by groups registered as political parties or political 
organizations. This prohibition limits opposition activities and 
contributes to restricting the scope of unofficial political expression 
and action (see Section 3). The prohibition affected the PAP less 
because of its long domination of the Government and its overwhelming 
parliamentary majority; the PAP traditionally has been able to use 
nonpolitical organizations such as residential committees and 
neighborhood groups for political purposes far more extensively than 
opposition political parties. Political parties and organizations are 
subject to strict financial regulations, including a ban on receiving 
foreign donations. Due to laws regulating the formation of publicly 
active organizations, there were few NGOs, apart from nonpolitical 
organizations such as religious groups, ethnically affiliated 
organizations, and providers of welfare services.

    c. Freedom of Religion.--The Constitution provides for freedom of 
religion, and the Government generally respected this right in 
practice; however, the Government banned some religious groups. The 
Constitution provides that every citizen or person in the country has 
the right to profess, practice, or propagate his religious belief so 
long as such activities do not breach any other laws relating to public 
order, public health, or morality.
    All religious groups were subject to government scrutiny and must 
be registered under the Societies Act. The Maintenance of Religious 
Harmony Act (MRHA) gives the Government the power to restrain leaders 
and members of religious groups and institutions from carrying out 
political activities, ``exciting disaffection against'' the Government, 
creating ``ill will'' between religious groups, or carrying out 
subversive activities. The act was prompted by activities that the 
Government perceived as threats to religious harmony, including 
aggressive and ``insensitive'' proselytizing and the ``mixing of 
religion and politics.'' Violation of a restraining order issued under 
the MRHA is a criminal offense. The act also prohibits judicial review 
of its enforcement or of any possible denial of rights arising from its 
implementation.
    The Government played an active but limited role in religious 
affairs. It did not tolerate speech or actions, including those of a 
religious nature, which adversely affected racial and religious harmony 
and sometimes issued restraining orders barring participation in such 
activities. The Presidential Council for Religious Harmony reviews such 
orders and makes recommendations to the President on whether to 
confirm, cancel, or alter a restraining order. The Presidential Council 
for Minority Rights examines all pending legislation to ensure it is 
not disadvantageous to a particular group, reports to the Government on 
matters that affect any racial or religious community, and investigates 
complaints. The Government also supported citizen access to traditional 
religious organizations by assisting religious institutions to find 
space in public housing estates where most citizens lived. The 
Government maintained a semi official relationship with the Muslim 
community through the Islamic Religious Council (MUIS), which was 
established under the Administration of Muslim Law Act. The MUIS 
advises the Government on the Muslim community's concerns, maintains 
regulatory authority over Muslim religious matters, and oversees a 
mosque-building fund financed by voluntary payroll deductions.
    Under the Societies Act, the Government banned meetings of 
Jehovah's Witnesses and the Unification Church. The Government 
deregistered and banned Jehovah's Witnesses in 1972 on the grounds that 
its approximately 200 members refused to perform obligatory military 
service, salute the flag, or swear oaths of allegiance to the State. 
The Government regarded such refusals as prejudicial to public welfare 
and order. While the Government did not outlaw the profession or 
propagation of the beliefs of Jehovah's Witnesses and does not arrest 
members merely for being believers, the result of deregistration was to 
make meetings of Jehovah's Witnesses illegal. The community numbered 
approximately 2,000 in the country, and Jehovah's Witnesses continued 
to refuse to perform national military service. The Government also 
banned all written materials published by the Jehovah's Witnesses' 
publishing affiliates, the International Bible Students Association and 
the Watch Tower Bible and Tract Society. A person in possession of 
banned literature can be fined up to $1,140 (S$2,000), and for holding 
a meeting, the fine can be as high as $2,285 (S$4,000). During the 
year, the authorities briefly detained 11 persons for attempting to 
bring Jehovah's Witnesses publications into the country.
    During the year, the Ministry of Education indefinitely suspended 
four children for failing to sing the national anthem and participate 
in the flag ceremony, down from eight suspensions in 2003. There have 
been 34 such cases since 2000. All 34 students made alternate schooling 
arrangements; none have returned to public school. The students can 
return if they are prepared to sing the anthem, salute the flag, and 
say the pledge of allegiance.
    Missionaries, with the exception of members of Jehovah's Witnesses 
and representatives of the Unification Church, were permitted to work, 
publish, and distribute religious texts. However, while the Government 
did not prohibit evangelical activities in practice, it discouraged 
activities that could upset inter-communal relations, such as 
unsolicited public proselytizing.
    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 citizens the 
right to move freely throughout the country; however, while the 
Government generally respected this right in practice, it limited this 
right in a few respects. For example, citizens' choice of where to live 
sometimes was limited by the Government's policy of assuring ethnic 
balance in publicly subsidized housing, in which the great majority of 
citizens lived (see Sections 1.f. and 5). The Government required all 
citizens and permanent residents over the age of 15 to register and to 
carry identification cards. The Government may refuse to issue a 
passport and did so in the case of former ISA detainees. Under the ISA, 
a person's movement may be restricted (see Section 1.d.). According to 
official press releases, at year's end, there were 17 suspected 
terrorists subject to such restrictions.
    The Constitution prohibits forced exile, and the country did not 
employ forced exile.
    The right of voluntary repatriation was extended to holders of 
national passports. The Government actively encouraged citizens living 
overseas to return home or at least to maintain active ties with the 
country. A provision of law allows for the loss of citizenship by 
citizens who resided outside the country for more than 10 consecutive 
years, but it was not known to have been used.
    Men are required to serve 24 months of national service upon 
turning 18 years of age. They also are required to undergo reserve 
training up to the age of 40 (for enlisted men) or 50 (for officers). 
Male citizens with national service reserve obligations are required to 
advise the Ministry of Defense if they plan to travel abroad. Boys age 
11 to 16 years are issued passports that are valid for 2 years and are 
no longer required to obtain exit permits. From the age of 16 until the 
age of enlistment, male citizens are granted 1-year passports and are 
required to apply for exit permits for travel that exceeds 3 months.
    The law stipulates that former members of the Communist Party of 
Malaya (CPM) residing outside the country must apply to the Government 
to be allowed to return. They must renounce communism, sever all 
organizational ties with the CPM, and pledge not to engage in 
activities prejudicial to the country's internal security. In addition, 
the law requires them to submit to an interview by the Internal 
Security Department and to accept any restrictive conditions imposed on 
them.
    The law does not provide for the granting of refugee status or 
asylum to persons in accordance with the 1951 U.N. Convention Relating 
to the Status of Refugees or its 1967 Protocol. In practice, the 
Government provides protection against refoulement, the return of 
persons to a country where they feared persecution, but does not grant 
refugee or asylum status. A small number of ethnic Chinese from 
Indonesia have entered the country as visitors for temporary stays 
during episodes of racial or religious strife.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The Constitution provides citizens with the right to change their 
government peacefully. Opposition parties are free to contest 
elections, and the voting and vote-counting systems are fair and free 
from tampering; however, the PAP, which has held power continuously and 
overwhelmingly for more than 4 decades, has used the Government's 
extensive powers to place formidable obstacles in the path of political 
opponents. In the 2001 elections, the opposition contested 29 of 84 
seats and won only 2 seats. There were no allegations of irregularities 
in the casting or counting of votes, but the opposition continued to 
criticize what it described as PAP abuse of its incumbency advantages 
to handicap opposition parties. The PAP maintained its political 
dominance in part by developing voter support through effective 
administration and its record in bringing economic prosperity to the 
country, and in part by manipulating the electoral framework, 
intimidating organized political opposition, and circumscribing the 
bounds of legitimate political discourse and action. The belief that 
the Government might directly or indirectly harm the employment 
prospects of opposition supporters inhibited opposition political 
activity; however, there were no confirmed cases of such retaliation. 
As a result of these and other factors, opposition parties were unable 
to seriously challenge the ruling party. The PAP claimed that the lack 
of an effective opposition was due to disorganization, weak leadership, 
and a lack of persuasive alternative policies.
    The country has a parliamentary system in which the majority party 
in Parliament has the authority to constitute the Government, which is 
headed by a Prime Minister. The parliamentary term is for no more than 
5 years after the first sitting of Parliament following a general 
election. Parliament may be dissolved early by presidential 
proclamation, which normally follows a request by the Prime Minister. 
Elections must be held within 3 months of Parliament's dissolution. 
Following the 2001 elections, the PAP held 82 of 84 elected seats; the 
opposition Singapore People's Party and the Workers' Party each held 1 
seat. A constitutional amendment requires at least three opposition 
members in Parliament even if fewer than three are elected. Following 
the elections, the Government allotted a non constituency seat to 
Singapore Democratic Alliance candidate Steve Chia, the opposition 
candidate who had obtained the highest share of the vote without 
winning a seat. In addition to regular M.P.s and non-constituency 
M.P.s, the Constitution allows a parliamentary committee to select and 
the President appoint Nominated M.P.s to serve 2 -year terms without 
facing election. Non-constituency M.P.s and Nominated M.P.s can 
participate in parliamentary debate and can vote on some, but not all, 
types of legislation. In November, a new nine-member slate of Nominated 
M.P.s replaced the Nominated M.P.s who took office in 2002.
    The PAP has an extensive grassroots system and a carefully 
selected, highly disciplined membership. The establishment of 
government-organized and predominantly publicly funded Community 
Development Councils (CDCs) has further strengthened the PAP's 
position. The Councils promote community development and cohesion and 
provide welfare and other assistance services. The PAP dominates the 
CDCs even in opposition-held constituencies and has used the threat of 
withdrawing publicly funded benefits. During the last two election 
campaigns, the Prime Minister and other senior government officials 
warned voters that precincts that elected opposition candidates would 
have the lowest priority in government plans to upgrade public housing 
facilities. This statement heightened concerns among some observers 
about voters' genuine freedom to change their government.
    The PAP completely controlled key positions in and out of 
government, influenced the press and courts, and limited opposition 
political activities. Often these means were fully consistent with the 
law and the normal prerogatives of the Government, but the overall 
effect (and many argued the ultimate purpose) was to disadvantage and 
weaken political opposition. For example, the Government dramatically 
altered the boundaries of election districts only 17 days before the 
2001 general election, abolishing some constituencies and adjusting the 
borders of many other constituencies. Since 1988, it has changed all 
but nine single-seat constituencies into Group Representational 
Constituencies (GRCs) of three to six parliamentary seats, in which the 
party with a plurality wins all of the seats. According to the 
Constitution, such changes are permitted to ensure ethnic minority 
representation in Parliament; each GRC candidate list must contain at 
least one Malay, Indian, or other ethnic minority candidate. However, 
these changes made it more difficult for opposition parties, all of 
which had very limited memberships, to fill multimember candidate 
lists.
    Although political parties legally were free to organize, they 
operated under the same limitations that applied to all organizations, 
and the authorities imposed strict regulations on their constitutions, 
fundraising, and accountability (see Section 2.b.). There were 24 
registered political parties in the country; however, only 6 of these 
were active. Political parties and organizations were subject to strict 
financial regulations, including a ban on receiving foreign donations. 
Government regulations hindered attempts by opposition parties to rent 
office space in government housing or to establish community 
foundations. In addition, government influence extended in varying 
degrees to academic, community service, and other NGOs.
    The Films Act bans political films and recorded televised programs, 
putting opposition parties at a disadvantage. The ban, which ostensibly 
exists to prevent the sensationalist or emotional effect that video or 
film productions could have on political issues, applies to the PAP as 
well as to the opposition parties. Nonetheless, it had the effect of 
denying opposition parties, which already received far less coverage 
than did the PAP in the government-influenced press and media, a 
potential outlet for their political messages. The law regulates the 
use of the Internet by political parties and others for political 
purposes during election campaigns (see Section 2.a.).
    The threat of civil libel or slander suits, which government 
leaders have often used against political opponents and critics and 
consistently won, had a stifling effect on the full expression of 
political opinion and disadvantaged the political opposition (see 
Section 2.a.). Large judgments in libel suits can lead to bankruptcy, 
and, under the law, bankrupt persons are ineligible to sit in 
Parliament. The Penal Code also provides for criminal defamation 
offenses.
    In the past, the Government also used parliamentary censure or the 
threat of censure to humiliate or intimidate opposition leaders. 
Government entities also used libel or slander suits, and dismissal 
from positions in government-related entities, to intimidate prominent 
opposition politicians.
    The duties of the President are largely ceremonial. Nonetheless, 
the President has significant budget oversight powers, as well as some 
powers over civil service appointments and internal security affairs. 
The President is popularly elected for a 6-year term from among 
candidates who are approved by a constitutionally prescribed committee 
to meet specified requirements. Candidates cannot be nominated for the 
position if they are members of political parties. No election was held 
for President in 1999, after the committee decided that the government-
backed candidate met the constitutional requirements, but that the 
other two nominees did not. The Government placed significant obstacles 
in the way of opposition political figures' presidential candidacies. 
For example, opposition members were much less likely to satisfy the 
requirement that candidates have experience in managing the financial 
affairs of a large institution, since many of the country's large 
institutions are government-run or linked to the Government. Opposition 
political figures asserted that such strict compliance requirements 
weakened their parties.
    There are no laws that specifically provide for public access to 
government information; however, significant amounts of information are 
available on government websites.
    Voting is compulsory, and women and minorities voted at 
approximately the overall 95 percent rate in contested constituencies. 
There is no legal bar to the participation of women in political life; 
women held only 10 of the 84 elected parliamentary seats, an increase 
from 6 female M.P.s in the previous Parliament. After the August 
Cabinet reshuffle, there were two female ministers of state, although 
none of cabinet rank. Three of the 14 Supreme Court justices were 
women.
    There are no restrictions in law or practice against minorities 
voting or participating in politics; they actively participated in the 
political process and were well represented throughout the Government, 
except in some sensitive military positions. Malays make up 
approximately 15 percent of the general population and hold 
approximately the same percentage of regularly elected seats in 
Parliament. Indians make up approximately 7 percent of the general 
population and hold approximately 10 percent of the regularly elected 
seats in Parliament. Minority representation in Parliament is, in part, 
the result of a legal requirement that candidate slates in every multi-
seat constituency have at least one minority representative. There was 
one ethnic Malay minister and three ethnic Indian ministers. Three of 
the 14 members of the Supreme Court were ethnic Indian; there were no 
Malays on the Court.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    Efforts by independent organizations to investigate and evaluate 
government human rights policies faced the same obstacles as those 
faced by opposition political parties. NGOs were subject to 
registration under the Societies Act (see Section 2.b.). Some domestic 
NGOs criticized restrictions on human rights or suggested changes that 
would relax or remove restrictions.
    There is a Presidential Council on Minority Rights that monitors 
pending legislation for anything possibly disadvantageous to minorities 
(see Section 5).
    In recent years, the Government permitted international human 
rights organizations to observe human rights related court cases. In 
February 2003, two representatives from the Lawyer's Committee on Human 
Rights attended opposition figure Chee Soon Juan's appeal of a summary 
judgment in the defamation suits filed against him by then Prime 
Minister Goh Chok Tong and then Senior Minister Lee Kuan Yew (see 
Section 1.e.).
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The Constitution states that all persons are equal before the law 
and entitled to the equal protection of the law, and the Government 
generally respected these provisions in practice. The Constitution 
contains no explicit provision granting equal rights for women and 
minorities. Mindful of the country's history of inter-communal tension, 
the Government took measures to ensure racial, ethnic, religious, and 
cultural nondiscrimination. Social, economic, and cultural benefits and 
facilities were available to all citizens regardless of race, religion, 
or sex. Men do not have the right to seek alimony from their wives in 
cases of divorce or separation. Women are not required to perform 
national service; virtually all males must fulfill 24 months of 
fulltime national service at the age of 18, with continuing reserve 
requirements thereafter. In August, the Prime Minister announced that 
medical benefits for male and female civil servants would be equalized; 
previously, dependants of male civil servants had greater access to 
subsidized health care.

    Women.--The Penal Code and the Women's Charter criminalize domestic 
violence and sexual or physical harassment; however, violence or abuse 
against women occurred. A victim of domestic violence can obtain court 
orders barring the spouse from the home until the court is satisfied 
that the spouse has ceased aggressive behavior. The number of court 
orders for protection against violent family members has increased in 
recent years, in part because the definition of violence includes 
intimidation, continual harassment, or restraint against one's will. 
The Penal Code prescribes mandatory caning and a minimum imprisonment 
of 2 years for conviction on any charge of ``outraging modesty'' that 
caused the victim fear of death or injury. The press gave fairly 
prominent coverage to instances of abuse or violence against women. 
There were several organizations that provided assistance to abused 
women. The Association of Women for Action and Research ran a hotline 
that offered counseling and legal advice. The Family Protection and 
Welfare Service, an office of the Ministry of Community Development, 
Youth, and Sports, documented physical and psychological abuse, and 
provided counseling and other support services to abused women. The 
Star shelter accepted children, women, and men, and can accommodate up 
to 30 persons. The Government enforced the law against rape, which 
provides for imprisonment of up to 20 years and caning for offenders. 
Under the law, rape can only be committed by a man, and spousal rape is 
not a crime; however, husbands who force their wives to have 
intercourse can be prosecuted for other offenses, such as assault.
    The country's laws neither ban nor authorize prostitution; however, 
public solicitation, living on the earnings of a prostitute, and 
maintaining a brothel are illegal. The authorities periodically carried 
out crackdowns on solicitation for prostitution and arrested and 
deported foreign prostitutes, particularly when their activities took 
place outside informally designated red light areas. In practice, 
police unofficially tolerated and monitored a limited number of 
brothels; prostitutes in such establishments were required to undergo 
periodic health checks and carry a health card.
    Women accounted for 55 percent of civil service employees. They 
enjoyed the same legal rights as men in most areas, including civil 
liberties, employment, commercial activity, and education. The Women's 
Charter gives women, among other rights, the right to own property, 
conduct trade, and receive divorce settlements. Muslim women enjoyed 
most of the rights and protections of the Women's Charter. For the most 
part, Muslim marriage law falls under the administration of the Muslim 
Law Act, which empowers the Shari'a (Islamic law) court to oversee such 
matters. The laws allow Muslim men to practice polygyny, although 
requests to take additional spouses may be refused by the Registry of 
Muslim Marriages, which solicits the views of an existing wife or wives 
and reviews the financial capability of the husband. There were 340 
applications for polygynous marriage from 1999 to 2003, 109 were 
approved, about 0.5 percent of all Muslim marriages during that period. 
Both men and women have the right to initiate divorce proceedings; 
however, in practice, women faced significant difficulties that often 
prevented them from pursuing proceedings, especially the lack of 
financial resources to obtain legal counsel.
    Women constituted 42 percent of the labor force and were well 
represented in many professions, but they held few leadership positions 
in the private sector. They were still overrepresented in low wage jobs 
such as clerks and secretaries; however, there were some women who held 
senior corporate leadership positions. Salaries for women ranged 
between 62 and 100 percent of men's salaries depending on the 
occupational grouping. The wage gap has narrowed in recent years; in 
some specific occupations, women earn more than their male 
counterparts. Observers noted that the wage differential was smaller in 
professional jobs and that wage disparities could be attributed in part 
to differences in average educational levels and work experience. In 
2002, the Government eliminated a quota on the number of female medical 
students who can be admitted to the National University.
    There were no specific laws prohibiting stalking or sexual 
harassment, and sexual harassment was not considered a significant 
issue. However, the Miscellaneous Offences Act and laws prohibiting 
insults to modesty were used successfully to prosecute such offenses.
    In April, Parliament amended the Constitution to eliminate the 
inequality whereby female citizens could not automatically transmit 
citizenship to their children born abroad, but male citizens could.

    Children.--The Government demonstrated its strong commitment to 
children's rights and welfare through its well-funded systems of public 
education and medical care. Access to public education and medical care 
was equal for all children. In 2003, a law made compulsory 6 years of 
public (or government-recognized private) education for all children. 
Although school attendance previously was not compulsory, virtually 100 
percent of children were enrolled through grade 6, and the dropout rate 
for secondary school was low. The Children and Young Persons Act 
established protective services for orphaned, abused, disabled, or 
``troubled'' children, and created a juvenile court system. The 
Ministry of Community Development, Youth, and Sports worked closely 
with the National Council for Social Services to oversee children's 
welfare cases. Voluntary organizations operated most of the homes for 
children, while the Government funded up to 50 percent of all child 
costs, which included normal living expenses and overhead, as well as 
expenses for special schooling, health care, or supervisory needs. In 
some cases, the Government covered 100 percent of such costs.
    Child prostitution occurred. Between January and November, 
approximately 1 percent of the 4,600 persons arrested for prostitution 
were found to be under age 18. In 2003, the Ministry of Home Affairs 
found 21 children under the age of 18 who it suspected were involved in 
prostitution; the figure for 2002 was 66. Sexual intercourse with girls 
under the age of 16 is illegal, but there is no legal prohibition on 
commercial sex with ``consenting'' partners aged 16 and 17. The 
authorities have the power to detain persons under the age of 21 who 
are believed to be engaged in prostitution, as well as to prosecute 
those who organize or profit from prostitution, who bring women or 
girls to the country for prostitution, or who coerce or deceive women 
or girls into prostitution.
    The Ministry for Community Development, Youth, and Sports sponsored 
activities promoting children's causes, including family stability. 
This agency and several NGOs focused on keeping fathers involved in 
their children's lives and on preventing child abuse.

    Trafficking in Persons.--The law prohibits trafficking in persons; 
however, trafficking in persons occurred.
    The three major laws that govern trafficking and prostitution are 
the Women's Charter, the Children and Young Person's Act, and the Penal 
Code. Trafficking in women and children, whether or not it is related 
to prostitution, is punishable by up to 5-years imprisonment, a $5,700 
(S$10,000) fine, and caning. Traffickers could be prosecuted under the 
Penal Code's ``wrongful constraint'' provision, which carries maximum 
punishments of 10 years imprisonment and a fine. Convicted traffickers 
could be found guilty of violating more than one law. There was no 
specific campaign to combat or prevent the use of fraud or coercion to 
recruit foreign women as prostitutes, although some persons were 
prosecuted and punished for crimes involving such acts.
    Authorities prosecuted some cases of trafficking. In May 2003, 
authorities charged five individuals with forcing a 12-year-old 
Malaysian girl into prostitution after promising her employment as a 
maid. Two of those charged pleaded guilty and were sentenced to 12 
years in prison; one of these two was also sentenced to be caned six 
strokes. The trial of the other three lasted 10 days. One was convicted 
of rape and sentenced to 12 years in prison and 12 strokes of the cane. 
The other two were convicted of conspiring to recruit men to rape the 
girl. One was sentenced to 12 years and six strokes of the cane; the 
other received a 13-year sentence, 12 strokes of the cane, and a $5,700 
(S$10,000) fine.
    Almost all sex workers were foreign; most originated in Thailand, 
the Philippines, Malaysia, China, Indonesia, Vietnam, India, or Sri 
Lanka. Observers believed that almost all foreign prostitutes were 
aware when they entered the country that they were going to be employed 
as prostitutes. While prostitution is not legally an offense, public 
solicitation is illegal. Police periodically carried out crackdowns on 
prostitutes, particularly those operating outside informally designated 
red light areas (see Section 5, Women). Foreign prostitutes detained in 
these raids usually were deported quickly. Foreign prostitutes and 
maids were deported immediately if they tested positive for pregnancy 
or HIV/AIDS or other sexually transmitted diseases.
    In practice, successful investigation and prosecution of 
trafficking in persons required that victims remain in or return to the 
country to testify. Victims were urged by police to remain in the 
country until a case was prosecuted, and generally they did; however, 
some abused domestics left and were brought back to testify. Victims 
did not receive government assistance during this period or at other 
times and indicated they sometimes were not granted permission for 
alternative employment and were dependent on support from their 
embassy. Laws prohibiting the harboring, aiding, or abetting of illegal 
immigrants could hamper assistance to trafficking victims by putting 
NGOs in the position of harboring a victim who has no legal status; 
however, no such cases are known to have occurred. The authorities 
notified embassies of the arrest of nationals, including for 
prostitution-related offenses, and allowed consular access. Prostitutes 
rarely contacted embassies voluntarily, unless detained for 
solicitation or immigration offenses during police sweeps. However, 
victims of crimes, including domestics alleging abuse, sometimes 
requested and received assistance from their embassies.

    Persons With Disabilities.--The Government maintained a 
comprehensive code on barrier-free accessibility; this established 
standards for facilities for persons with physical disabilities in all 
new buildings and mandated the progressive upgrading of older 
structures. There was no legislation addressing equal opportunities for 
persons with disabilities in education or employment; however, the 
National Council of Social Services, in conjunction with various 
voluntary associations, provided an extensive job training and 
placement program for persons with disabilities. The Government also 
ran vigorous campaigns to raise public awareness of issues confronting 
persons with disabilities and the services available to them. A tax 
deduction of up to $57,000 (S$100,000) was available to employers to 
defray building modifications to benefit employees with disabilities. 
Informal provisions in education have permitted university 
matriculation for the visually impaired, deaf, and for students with 
physical disabilities. There were 20 special education schools that 
enrolled more than 4,000 students. It is expected that upon completion 
of retrofitting, one out of every eight schools will be accessible to 
handicapped students. Beginning in 2003, the Government provided funds 
for 6 childcare centers to take in 60 children with special needs.
    The Government allowed a tax deduction of up to $2,000 (S$3,500) 
per individual for families caring for a sibling, spouse, or child with 
a disability. Mental and physical disabilities were treated in the same 
way. Press coverage of the activities and achievements of persons with 
disabilities was extensive, and discrimination or abuse of persons with 
disabilities did not appear to be a problem.

    National/Racial/Ethnic Minorities.--Ethnic Malays constituted 
approximately 15 percent of the population. The Constitution 
acknowledges them as the indigenous people of the country and charges 
the Government to support and to promote their political, educational, 
religious, economic, social, cultural, and language interests. The 
Government took steps to encourage greater educational achievement 
among Malay students as a key to economic advancement. However, ethnic 
Malays have not yet reached the educational or socioeconomic levels 
achieved by the ethnic Chinese majority, the ethnic Indian minority, or 
the Eurasian community. Malays remained underrepresented at senior 
corporate levels, and, some assert, in certain sectors of the 
Government and the military. This reflected their historically lower 
educational and economic levels, but some argued that it also was a 
result of employment discrimination. The Government has issued 
guidelines that call for eliminating language referring to age, gender, 
or ethnicity in employment advertisements; restrictive language 
pertinent to job requirements, such as ``Chinese speaker'' or 
``physically strong'' remains acceptable. These guidelines were 
generally followed.
    The Presidential Council on Minority Rights examined all pending 
bills to ensure that they were not disadvantageous to a particular 
group. It also reported to the Government on matters that affected any 
racial or religious community and investigated complaints.
    The Government enforced ethnic ratios for publicly subsidized 
housing, where the majority of citizens lived and owned their own 
units, a policy designed to achieve an ethnic mix more or less in 
proportion to that of society at large.

    Other Societal Abuses and Discrimination.--Some individuals with 
HIV/AIDS claimed that they were socially marginalized and faced 
employment discrimination if they revealed they were suffering from the 
disease. The Government discouraged discrimination, supported 
initiatives that counter misperceptions about HIV/AIDS, and praised 
employers that welcome workers with HIV/AIDS.
Section 6. Worker Rights
    a. The Right of Association.--The Constitution provides all 
citizens with the right to form associations, including trade unions; 
however, Parliament may impose restrictions based on security, public 
order, or morality grounds. The right of association was restricted by 
the Societies Act, and by labor and education laws, and regulations. 
Under these laws, any group of 10 or more persons is required to 
register with the Government. The Trade Unions Act authorizes the 
formation of unions with broad rights, albeit with some narrow 
restrictions such as prohibitions on the unionization of uniformed 
personnel or government employees. The Amalgamated Union of Public 
Employees was declared exempt from these provisions, and its scope of 
representation was expanded over the years to cover all public sector 
employees except the most senior civil servants.
    The Trade Unions Act restricts the right of trade unions to elect 
their officers and whom they may employ. Foreigners and those with 
criminal convictions may not hold union office or become employees of 
unions. However, the Minister of Manpower could grant exemptions. The 
Government granted two foreign citizens permission to serve on the 
executive committee of the Airline Pilots Association of Singapore, the 
Singapore Airlines pilots' union. In December 2003, the Government 
revoked this permission and urged both Singapore Airlines and the 
pilots to adopt moderate positions in upcoming contract negotiations 
(see Section 6.b.). The Trade Unions Act limits the objectives on which 
unions can spend their funds and prohibits payments to political 
parties or the use of funds for political purposes. According to 
government statistics, the national labor force was made up of 
approximately 2.12 million workers, nearly 390,000 of whom were 
represented by 70 unions. Almost all of the unions (which represented 
virtually all of the union members) were affiliated with the National 
Trade Union Congress (NTUC), an umbrella organization with a close 
relationship with the Government.
    The NTUC acknowledged that its interests were linked closely with 
those of the ruling PAP, a relationship often described by both as 
symbiotic. The NTUC's Secretary General, Lim Boon Heng, a PAP M.P., was 
a member of the Cabinet as Minister in the Prime Minister's Office. 
Young PAP M.P.s with no union experience were often elected to 
leadership positions in the NTUC or a member union. The NTUC policy 
prohibited union members who supported opposition parties from holding 
office in affiliated unions. In 2002, the branch chairman of an NTUC-
affiliated union was stripped of his position and his union membership 
because he had been elected secretary general of the Singapore 
Democratic Alliance, an opposition body. While the NTUC is financially 
independent of the PAP, the two share a common ideology and work 
closely with management in support of non-confrontational labor 
relations. The NTUC is free to associate regionally and internationally 
and is a member of the International Confederation of Free Trade 
Unions. The country is a member of the International Labor 
Organization.

    b. The Right to Organize and Bargain Collectively.--Collective 
bargaining was a normal part of labor-management relations in the 
industrial sector. Collective agreements must be certified by the 
tripartite Industrial Arbitration Court (IAC) before going into effect. 
The IAC could refuse certification at its discretion on the ground of 
public interest. Transfers and layoffs were excluded from the scope of 
collective bargaining. However, in practice, employers did consult with 
unions on both issues, and the Tripartite Panel on Retrenched Workers 
issued guidelines calling for early notification to unions of layoffs. 
Disputes could be settled through discussions with the Ministry of 
Manpower. If conciliation fails, the parties may submit their cases to 
the IAC. In limited situations, the law provides for compulsory 
arbitration, which has not been used since 1980. Agreements between 
management and labor were renewed every 2 to 3 years, although wage 
increases were negotiated annually. The National Wages Council (NWC), a 
group composed of labor, management, and government representatives, 
issues yearly guidelines on raises and bonus pay that serve as the 
starting point for bargaining agreements. Subject to negotiation in 
each enterprise, up to 10 percent of salaries were considered 
``variable'' each month, allowing companies to eliminate that portion 
of pay if there were financial problems. The intent is to enable 
companies to adjust wages quickly and minimize job losses in a changing 
business environment.
    Workers in ``essential services'' are required to give 14 days 
notice to an employer before striking, and there is a prohibition on 
strikes by workers in the water, gas, and electricity sectors. Other 
workers have the legal right to strike but rarely did so. There were no 
specific laws that prohibited retaliation against strikers. The law 
provides that before striking, unionized workers must vote in favor of 
the strike by secret ballot.
    Most disagreements are resolved through informal consultations with 
the Ministry of Manpower. If conciliation fails, the disputing parties 
usually submit their case to the Industrial Arbitration Court, which is 
composed of representatives from labor and management, and chaired by a 
judge. Besides these labor dispute mechanisms and the close working 
relationship and shared views among labor, management, and the 
Government, the maintenance of labor peace has been a product of high 
economic growth rates, regular wage increases, and a high degree of job 
mobility in a virtual full-employment economy. In addition, the widely 
held view that labor conflict would undermine the country's economic 
competitiveness and attractiveness to investors, compounded with a 
cultural aversion to confrontation, helped to maintain a harmonious 
labor situation.
    The most visible labor story during the year involved the Singapore 
Airlines (SIA) pilots' union, the only significant union not affiliated 
with the NTUC. In 2003, SIA cut pilots' pay in response to a sharp 
travel slump amid the Severe Acute Respiratory Syndrome (SARS) 
epidemic; once the airline's profits rebounded, the pilots sought to 
regain some of their losses. In December 2003, citing the ``strategic'' 
importance of SIA to the country's economic success, the Government 
publicly warned the pilots' union against unreasonable contract 
demands. In March, the Government rescinded the permanent resident 
status of a Malaysia-born SIA pilot, who had been identified by then 
Senior Minister Lee Kuan Yew as having instigated a shakeup in the 
pilots' union leadership; the pilot had lived in the country for 26 
years. On April 20, the Trade Unions Act was amended to rescind the 
right of union members to vote on collective bargaining agreements--
unlike other unions, only the pilots' union had its members take such a 
vote on contracts. In September, SIA and the pilots reached an 
agreement that brought overall pay levels back to pre-SARS levels, but 
the increase was channeled into the variable component of the pay 
package.
    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. Under sections of the Destitute 
Persons Act, any indigent person may be placed in a welfare home and 
assigned suitable work.

    d. Prohibition of Child Labor and Minimum Age for Employment.--The 
Government enforced the Employment Act, which prohibits employment of 
children under the age of 12. Restrictions on the employment of 
children between the ages of 12 and 16 are rigorous and fully enforced. 
Children under the age of 14 generally are prohibited from employment 
in the industrial sector. Exceptions include family enterprises; 
children may work in a business in which only members of the same 
family are employed. A child of 12 or older may be employed in light 
work, subject to medical clearance. Employers have to notify the 
Commissioner of Labor within 30 days of hiring a child between the ages 
of 14 and 16 and attach a medical certification of the child's fitness 
for employment. The incidence of children in permanent employment was 
low, and abuses were almost nonexistent.
    Ministry of Manpower regulations prohibit night employment of 
children and restrict industrial work for children between the ages of 
14 and 16 to no more than 7 hours a day, including the hours spent in 
school. Children may not work on commercial vessels, with moving 
machinery, on live electrical apparatus lacking effective insulation, 
or in any underground job. The Minister of Manpower effectively 
enforced these laws and regulations.

    e. Acceptable Conditions of Work.--There are no laws or regulations 
on minimum wages or unemployment compensation; however, the NWC, a 
tripartite body consisting of representatives from government, labor, 
and business, monitored the economy and made annual recommendations to 
the Government concerning wage guidelines. The labor market offered 
good working conditions and relatively high wages, which provided a 
decent standard of living for a worker and family.
    The Employment Act sets the standard legal workweek at 44 hours and 
provides for 1 rest day each week. In his National Day Rally speech in 
August, the Prime Minister announced that the Government would move to 
a 5-day, 44-hour workweek.
    The Ministry of Manpower effectively enforces laws and regulations 
establishing working conditions and comprehensive occupational safety 
and health laws. Enforcement procedures, coupled with the promotion of 
educational and training programs, were implemented to reduce the 
frequency of job-related accidents. While a worker had the right under 
the Employment Act to remove himself from a dangerous work situation, 
his right to continued employment depended upon an investigation of the 
circumstances by the Ministry of Manpower.
    Because of a domestic labor shortage, approximately 600,000 foreign 
workers were employed legally, constituting about 30 percent of the 
total work force. There were no reliable estimates of the number of 
foreigners working illegally. Most foreign workers were unskilled 
laborers and household servants from other Asian countries. Foreign 
workers faced no legal wage discrimination; however, they were 
concentrated in low-wage, low-skill jobs and were often required to 
work long hours. Most foreign construction workers live on worksites in 
substandard conditions.
    Although the great majority of the approximately 140,000 maids 
(mainly from the Philippines, Indonesia, and Sri Lanka) worked under 
clearly outlined contracts, their low wages, dependence on their 
employers for food and lodging, and relative isolation made them 
vulnerable to mistreatment and abuse. In response to concern about 
cases of maid abuse, the Government amended the Penal Code in 1998 to 
increase the punishment for confining or sexually or physically abusing 
a maid. The authorities fined or imprisoned employers who abused maids, 
often with great publicity. Prison sentences have ranged from 7 weeks 
for one woman to 6 years and 12 strokes of the cane for a male employer 
convicted on three counts of molesting his maid. Substantiated cases of 
abuse of foreign maids fell by almost 50 percent following the 1998 
amendment strengthening legal penalties. In 2002, there were 43 
substantiated cases of maid abuse compared with 89 in 1998. Debate on 
how to prevent abuse of maids is ongoing. In September, the Government 
announced that it would raise the minimum age for maids from 18 to 23 
and require at least 8 years of formal education. Between 8,000 and 
9,000 new maids arrive in the country each month; all new maids and new 
employers of maids must undergo mandatory training. The curriculum 
includes such topics as maid's rights and responsibilities.
    Most maids worked 6 days per week from very early morning until 
late in the evening. Many contracts allowed only 1 day off per month. 
Contracts often stipulated that, even when not working, a maid was 
required to remain on the premises unless on official duties or on her 
day off. Maids often had to set aside most or all of their wages for 
the first several months of employment to reimburse their placement 
agents. Work permits for low-wage foreign workers could be cancelled if 
a worker applied to marry or married a citizen or permanent resident.
    The Employment Act protects foreign workers, such as the many 
employed in the construction industry; however, domestic servants are 
not covered by the act and are not eligible for limited free legal 
assistance from the Government. However, the Ministry of Manpower 
offered conciliation services for all employees, foreign or local. The 
Foreign Workers Unit of the Ministry of Manpower provided free advisory 
and mediation services to foreign workers experiencing problems with 
employers. The Government allowed complainants to seek legal redress.

                               __________

                            SOLOMON ISLANDS

    The Solomon Islands has a modified parliamentary system of 
government consisting of a single-chamber Legislative Assembly of 50 
members. Executive authority is vested in the Prime Minister, who is 
elected by a majority vote of Parliament, and his Cabinet. A new 
Parliament was elected in 2001 with Sir Allan Kemakeza as Prime 
Minister; elections were considered generally free and fair. Between 
1998 and July 2003, conflict between two of the main ethnic groups in 
the country--the Malaitans and the Guadalcanalese--led to a serious 
deterioration in the human rights situation, with numerous abuses 
committed by the police and by militant groups on both sides. Thousands 
of Malaitans residing on Guadalcanal were forced from their homes. 
Although a peace agreement formally ending the conflict was signed in 
2000, subsequent governments had limited success in restoring peace. In 
July 2003, the Regional Assistance Mission for Solomon Islands (RAMSI), 
a multinational police-centered force organized by Australia, arrived 
in the country at the invitation of the Government to assist in 
restoring law and order and rebuilding the country's institutions. By 
year's end, law and order largely had been restored, weapons were 
confiscated and destroyed, and high-profile offenders were arrested. 
The judiciary is independent.
    A police force under a civilian police commissioner is responsible 
for law enforcement, internal security, and border security. Following 
the 2000 takeover of Honiara, the capital, by Malaitan militants, the 
police force became factionalized and did not function effectively. 
Prior to RAMSI's arrival, some members of the security forces, in 
particular the paramilitary police unit and untrained former militants 
who had been taken into the police force in 2001 as ``special 
constables,'' committed numerous serious human rights abuses. During 
the year, approximately 350 police from Australia, New Zealand, Fiji, 
and other countries in the region remained as part of the RAMSI 
peacekeeping force. RAMSI initially included a strong military 
component; however, the security situation stabilized so quickly that 
the military element was substantially withdrawn. At year's end, 
approximately 160 troops remained. Since RAMSI's arrival, the special 
constables have been demobilized and the police reorganized. A number 
of police officers were arrested for offenses committed during the 
ethnic conflict. During the year, the civilian authorities maintained 
effective control over the security forces. There were no confirmed 
reports that security forces committed human rights abuses; however, 
there were a few allegations of police mistreatment.
    The economy is market based. Approximately 75 percent of the 
population of 480,000 engaged to some extent in subsistence farming and 
fishing and had little involvement in the cash economy. The formal 
sector of the economy was on the brink of collapse at the time of 
RAMSI's intervention. There was some improvement during the year, with 
economic growth estimated at 5 to 6 percent and modest inflation; 
however, although no official statistics were available, anecdotal 
evidence suggested that the economy was still losing jobs and wages 
were stagnating. During the year, a Malaysian-owned company signed an 
agreement to resume limited operations at Solomon Islands Plantation 
Limited, a palm oil producer closed in 1999 due to the ethnic conflict. 
In addition, an Australian consortium reached agreement with former 
operators to design proposals for reopening the Gold Ridge Mine on 
Guadalcanal, closed since 2000.
    The Government generally respected the human rights of its 
citizens; however, there were problems in some areas. During the year, 
there were a few violent incidents linked to the ethnic conflict. 
Further improvements were made in the judicial system, but case 
backlogs remained a problem. Violence and discrimination against women 
continued to be problems.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Arbitrary or Unlawful Deprivation of Life.--There were no 
reports of the arbitrary or unlawful deprivation of life committed by 
the Government or its agents.
    On December 22, an Australian Federal Police officer attached to 
RAMSI was shot and killed while on patrol in Honiara. Police arrested 
two suspects and charged them with murder in the case, which still was 
pending at year's end.
    In January 2003, a masked gunman shot and killed retired Police 
Commissioner Sir Frederick Soaki in Auki, Malaita, where he was helping 
to prepare workshops organized by the U.N. Development Program (UNDP). 
Police arrested a police sergeant for the murder; however, he escaped 
from custody. Subsequently, he reportedly went to a police station in 
Auki, fired an automatic rifle in the station, and fled. At year's end, 
he was still at large.
    In April, citing lack of sufficient evidence, the High Court 
dismissed murder charges against two men accused of the 2003 beheading 
of an Australian Seventh Day Adventist missionary in Malaita.
    It remained unclear how many of those responsible for the many 
killings and other human rights abuses committed by both security 
forces and civilians during the half-decade of conflict and breakdown 
in law and order prior to RAMSI's arrival in 2003 would be investigated 
or prosecuted; however, in 2003 and during the year, RAMSI investigated 
and arrested a number of police officers and militants who allegedly 
had committed murder and other criminal acts, and brought them to trial 
(see Sections 1.c. and 1.d.). At year's end, the trials were ongoing. 
Former Guadalcanal Liberation Front leader Harold Ke'ke, who was 
arrested in 2003 and charged with murder and other crimes, remained in 
pretrial detention; his case was expected to come to trial early in 
2005.

    b. Disappearance.--There were no reports of politically motivated 
disappearances. During the ethnic conflict, more than 100 persons were 
abducted and possibly killed by militants.

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The law prohibits such practices, and there were no 
confirmed reports of such practices by the police during the year. 
There were a few allegations by detainees that they were mistreated by 
police during questioning. During the violence prior to the arrival of 
RAMSI, there were numerous reports of acts of torture and mistreatment 
attributed both to members of the police and to Malaitan and 
Guadalcanalese militants.
    Reportedly between August 16 and 19, a group of persons in the Gold 
Ridge area of Guadalcanal burned down at least 30 houses and committed 
other acts of violence against residents, including torture, rape and 
robbery, allegedly as retaliation against supporters of arrested former 
militant Stanley Kaoni. In September, police arrested several suspects 
in the case; they were awaiting trial at year's end.
    In 2003 and during the year, RAMSI took action to apprehend and 
charge persons allegedly responsible for human rights abuses and other 
criminal acts. More than 240 persons, including approximately 40 police 
officers and Ke'ke and other militants, were arrested. More than 600 
charges were lodged against them. Some of those arrested were tried and 
convicted during the year, while others were awaiting trial at year's 
end.
    At year's end, prison conditions generally met international 
standards. Prisoners at Rove Prison in Honiara were housed in a newly 
constructed building. Each cell had a toilet. The facility included a 
recreation area, kitchens, and a family visitation center. Prisoners 
received three basic meals a day.
    In 2002, the national Ombudsman visited the small provincial jail 
at the regional capital of Gizo and announced that conditions there 
were in breach of human rights standards. RAMSI undertook some 
renovations in 2003 and during the year at both Gizo and another 
provincial prison at Aiki. Overcrowding at those facilities was 
alleviated by transferring persons jailed for serious offenses to Rove 
Prison, where more space was available.
    On August 10, between 100 and 200 inmates broke out of their cells 
at Rove Prison, occupied part of the compound, and reportedly threw 
stones at police; no serious injuries were reported and order was 
restored following negotiations between the authorities and inmates. 
The Government and RAMSI initiated an inquiry into the incident; 
however, no findings had been made public by year's end. Following the 
riot, some inmates filed a petition with the High Court complaining 
about their treatment. The court ruled that segregating inmates 
classified as high security risks in conditions similar to a punishment 
regime was unlawful and unreasonable. The court also mandated certain 
improvements in the prison diet and exercise regimen. The acting 
Commissioner of Prisons subsequently stated that the court's orders 
were being implemented.
    Men and women were held separately. Rove Prison had separate 
facilities for juveniles. Pretrial detainees were held separately from 
convicted prisoners. In a change from prior practice, hardened 
criminals were held separately from first-time offenders.
    The Government permitted prison visits by human rights observers, 
including the International Committee of the Red Cross (ICRC). The ICRC 
also facilitated visits to Rove Prison by family members of some 
prisoners.

    d. Arbitrary Arrest and Detention.--The Constitution prohibits 
arbitrary arrest and detention and the Government generally observed 
these prohibitions.
    A commissioner, who reports to the Minister of Police, heads the 
police force of approximately 1,100 members. During the year, a British 
police official served as Commissioner on a contract funded by the 
British Government and the European Union (EU). Three other British 
officers were funded under the same program.
    Prior to RAMSI's arrival, the police were largely ineffectual. 
Corruption was a problem, and there was a lack of accountability for 
police officers involved in abuses. The situation improved after 
RAMSI's arrival. By late 2003, nearly 40 police officers, including 
some of senior rank, had been arrested on more than 90 charges, 
including murder, assault, intimidation, robbery, and inappropriate use 
of firearms. During the year, some of the arrested officers, including 
at least two former police superintendents, were tried and convicted of 
criminal offenses and received prison terms; others, including two 
deputy commissioners, were awaiting trial at year's end. RAMSI also re-
established 16 police stations throughout the country. During the year, 
the police service established an inspection unit to monitor staff 
discipline and performance. A new Police Training College also was 
established; its first two classes of officers graduated during the 
year.
    The law provides for a judicial determination of the legality of 
arrests. Officials found to have violated civil liberties are subject 
to fines and jail sentences. There was a functioning system of bail. 
However, during the year, delays in adjudication of the large number of 
cases before the courts resulted in lengthy pretrial detention for some 
prisoners (see Section 1.e.).

    e. Denial of Fair Public Trial.--The Constitution provides for an 
independent judiciary, and the Government generally respected this 
provision in practice.
    The judicial system consists of a High Court, a Court of Appeals, 
and magistrates' courts. Accused persons are entitled to counsel. RAMSI 
expanded the Office of the Public Solicitor, bringing the number of 
public prosecutors up to seven.
    The Constitution provides for the right to a fair trial, and an 
independent judiciary generally enforced this right.
    Judicial trial procedures normally operated in accordance with 
British common law, with a presumption of innocence, right of appeal, 
access to attorneys, and right to confront witnesses.
    In an effort to improve judicial functioning and increase the 
capacity of the courts to adjudicate cases, RAMSI built two new 
courthouses and hired additional judges. Nonetheless, backlogs in the 
investigation and prosecution of cases remained at year's end.
    There were no reports of political prisoners.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The law prohibits such actions, and the Government 
generally respected these prohibitions in practice. However, during the 
period of violence and with the breakdown of law and order in 2000, 
there was widespread looting and burning of homes in rural Guadalcanal, 
including by police. In August, a group of residents from the Gold 
Ridge area of Guadalcanal reportedly burned down over 30 homes of 
alleged supporters of a former militia leader (see Section 1.c.).
    From 1999 to 2001, militants from all sides forced inhabitants from 
their homes. The forced expulsions ended during 2001, following the 
departure of virtually all non Guadalcanalese from the areas of 
Guadalcanal Province adjacent to Honiara (see Section 2.d.).
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The Constitution provides for 
freedom of speech and of the press, and the Government generally 
respected these rights in practice and did not restrict academic 
freedom.
    During the year, print and broadcast media continued to operate on 
a regular basis. There was a privately owned daily and a privately 
owned weekly newspaper. The Solomon Islands Broadcasting Corporation 
(SIBC), a statutory body directly under the Prime Minister's office, 
broadcast to most of the country. There also were two privately owned 
FM radio stations. Two television channels broadcast Australia's Asia-
Pacific service and BBC International to Honiara and its environs.
    Given the high rate of illiteracy, radio broadcasting was more 
influential than the print media. At least two nongovernmental 
organizations (NGOs) published periodic news journals; their 
environmental reporting frequently was critical of the Government's 
logging policy and foreign logging companies' practices.
    The Committee to Protect Journalists reported that in January, 
assailants chased, verbally harassed, and attempted to assault Charles 
Kadamana, a photographer for the Solomon Star newspaper; Kadamana 
escaped without injury, although the assailants ripped his shirt. 
Kadamana was attacked after he photographed former police official 
James Kili, who had just been sentenced to 5 years in prison for crimes 
committed during the ethnic conflict. According to local media reports, 
relatives of Kili were believed to be responsible for the incident.
    In 2002, then-Minister for Communications Daniel Fa'funua and 
several armed supporters allegedly coerced the Solomon Star newspaper 
into paying him $5,000 for publishing an article that he claimed had 
insulted him. In late 2003, police arrested Fa'funua after an unrelated 
incident; among other offenses, he was charged with ``demanding money 
with menaces'' in the Solomon Star case. In February, he was convicted 
and sentenced to 5 years in prison.
    Internet use was expanding, and privately operated Internet cafes 
were available in Honiara and Gizo; the Government did not limit or 
control Internet access. International donor organizations helped fund 
improvements to the Internet infrastructure, including solar powered e-
mail systems set up in several provinces as a means of improving 
communications with outlying areas.
    Foreign assistance enabled the country's College of Higher 
Education to operate pending its restructuring.

    b. Freedom of Peaceful Assembly and Association.--The Constitution 
provides for freedom of assembly, and the Government generally 
respected this right in practice. Demonstrators must obtain permits, 
which generally were granted.
    The Constitution provides for freedom of association, but at times 
the Government restricted this right. The Government outlawed the 
principal militant groups. Other groups associated freely, and a good 
governance oversight group, the Civil Society Network, which emerged in 
2001, continued to raise issues of concern with the Government (see 
Section 4).

    c. Freedom of Religion.--The Constitution provides for freedom of 
religion, and the Government generally respected this right in 
practice.
    The public school curriculum included 30 minutes daily of religious 
instruction, the content of which was agreed upon by the Christian 
churches; students whose parents did not wish them to attend the class 
were excused. However, the Government did not subsidize church schools 
that did not align their curriculums with governmental criteria. 
Although theoretically non-Christian religions can be taught in the 
schools, there was no such instruction in practice.
    For a more detailed discussion, see the 2004 International 
Religious Freedom Report.

    d. Freedom of Movement Within the Country, Foreign Travel, 
Emigration, and Repatriation.--The Government placed no restrictions on 
the movement of citizens within or out of the country.
    The Constitution prohibits forced exile, and the Government did not 
use it. Native-born citizens may not be deprived of citizenship on any 
grounds.
    During the violent phase of the conflict on Guadalcanal, an 
estimated 30,000 Malaitans, Guadalcanalese, Western Province persons, 
and others living on Guadalcanal were displaced from their homes as a 
result of armed conflict and intimidation. Approximately 20,000 
displaced Malaitans subsequently resettled on their home island of 
Malaita. By year's end, most of the remaining displaced persons had 
returned to their home villages, including approximately 1,500 
Guadalcanese displaced from Guadalcanal's Weathercoast by acts of 
violence and intimidation committed by militant leader Harold Ke'ke and 
his followers prior to Ke'ke's arrest in August 2003. The Government 
provided very limited help to internally displaced persons, who 
generally relied on their extended families and subsistence farming for 
survival. The national Red Cross Society, funded by the EU, provided 
some assistance.
    Although a party to the 1951 U.N. Convention Relating to the Status 
of Refugees and its 1967 Protocol, the Government has not enacted 
domestic legislation or established a system for providing protection 
to refugees. The Government cooperated with the office of the U.N. High 
Commissioner for Refugees (UNHCR) and the Red Cross in assisting 
refugees and has not returned persons to a country where they feared 
persecution.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The Constitution provides citizens with the right to change their 
government peacefully, and citizens exercised this right in practice 
through periodic, free, and fair elections held on the basis of 
universal suffrage for persons 18 years of age and over. The Government 
is a modified parliamentary system consisting of a single-chamber 
Legislative Assembly of 50 members. Executive authority is vested in 
the Prime Minister and his Cabinet. The 2001 national parliamentary 
elections were regarded as generally free and fair, although there was 
evidence of vote buying and of coercion by armed persons in a number of 
constituencies. On several occasions since independence, changes of 
government resulted from either parliamentary votes of no confidence or 
the resignation of the Prime Minister.
    Successive governments were unable effectively to address the 
violence that began in 1998 between the Malaitan and Guadalcanalese 
ethnic groups (see Section 5), despite the 2000 peace agreement that 
formally ended the conflict and mandated the surrender of weapons. In 
2003, RAMSI instituted a weapons amnesty that resulted in the 
confiscation and destruction of approximately 3,700 firearms. RAMSI 
also implemented reform of the police force (see Section 1.d.) and 
provided assistance to the Finance Ministry for budget stabilization 
and to the justice sector for improving the effectiveness of the legal 
system. The aid included both funding of improvements and provision of 
civilian expertise, with approximately 50 personnel placed in key 
government agencies.
    Government corruption and impunity in both the executive and 
legislative branches were serious problems, compounded by the breakdown 
in law and order that resulted from the ethnic conflict. During the 
year, RAMSI worked with the Government and NGOs to reform the public 
service, including publication of a plan for an independent leadership 
integrity commission and administrative reorganization of existing 
``watchdog'' agencies such as the Auditor General and the Ombudsman's 
Office. Also during the year, a number of provincial officials attended 
workshops abroad on good governance. In October, police charged a 
former East Honiara Member of Parliament with multiple counts of 
official corruption involving the granting of certificates of 
naturalization to Chinese nationals. At year's end, he was awaiting 
trial.
    No law provides for public access to government information. In 
practice, the Government generally was responsive to inquiries from the 
media during the year.
    Traditional male dominance has limited the role of women in 
government. There were no women in the 50-member Parliament. During the 
year, three women were appointed as permanent secretaries in the 
Government.
    There were three members of minorities (non-Melanesians) in the 
Parliament, two of whom were in the Cabinet. In addition, one of the 
Prime Minister's advisors was a member of a minority.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    There are no restrictions on the formation of organizations to 
monitor and report on human rights. The NGO Solomon Islands Development 
Trust has both development and human rights objectives. The ICRC also 
operates in the country. The Government generally cooperated with human 
rights organizations and requested assistance from the U.N. High 
Commissioner for Human Rights in formulating policies to restore peace 
and justice.
    Numerous domestic NGOs operated freely; most were engaged in 
developmental or religious activity. In 2001, a number of NGOs and 
individual citizens established an umbrella organization, the Civil 
Society Network, to provide oversight of government activity. It 
regularly criticized practices such as the remission of taxes and 
custom duties for associates of high-ranking government officials. The 
Government did not interfere in its operations.
    The Constitution provides for an ombudsman, with the power to 
subpoena and to investigate complaints of official abuse, mistreatment, 
or unfair treatment. While the Ombudsman's Office has potentially far-
ranging powers, it was limited by a shortage of resources. It organized 
occasional workshops and undertook a few tours during the year.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The Constitution provides that no person--regardless of race, place 
of origin, political opinion, color, creed, or disability shall be 
treated in a discriminatory manner with respect to access to public 
places. The Constitution further prohibits any laws that would have 
discriminatory effects and provides that no person should be treated in 
a discriminatory manner by anyone acting in an official capacity. 
Despite constitutional and legal protections, women remained the 
victims of discrimination in this tradition-based society. Unemployment 
was high, and there were limited job opportunities for persons with 
disabilities.

    Women.--Statistics were unavailable, but incidents of domestic 
violence appeared to be common. The law does not address domestic 
violence; however, there are provisions against common assault and 
rape. In the rare cases of domestic abuse that were reported, charges 
often were dropped by the victims before the court appearance or the 
case was settled out of court. The magistrates' courts dealt with 
physical abuse of women as with any other assault, although 
prosecutions were rare. In part due to the breakdown in law and order 
and the lack of an effective, functioning police force after June 2000, 
women and teenage girls in particular were vulnerable to abuse, 
including rape, and many rapes have been reported since the ethnic 
conflict began in 1998. Following RAMSI's arrival, rape charges were 
brought against a number of persons. As part of a new police 
curriculum, officers were given specialized training on how to work 
with victims of rape.
    According to a study by Amnesty International based on interviews 
conducted in the country in April, violence against women, including 
rape and domestic abuse, remained a serious problem, with nearly 200 
rapes reported to police in the first 6 months of the year. Among the 
reasons cited for the failure to report many incidents of abuse were 
pressure from male relatives, fear of reprisals, feelings of shame, and 
cultural taboos on discussion of such matters.
    The law accords women equal legal rights, including the right to 
own property. However, in this traditional society, men are dominant 
and women are limited to customary family roles. This situation has 
prevented women from taking more active roles in economic and political 
life. A shortage of jobs also inhibited the entry of women into the 
work force. The majority of women are illiterate; this was attributed 
in large part to cultural barriers. The National Council of Women and 
other NGOs attempted to make women more aware of their legal rights 
through seminars, workshops, and other activities. The Government's 
Women Development Division also addressed women's issues.
    Prostitution is illegal, but the statutes were not enforced. There 
is no law against sex tourism. Following media reports in October of a 
prostitution ring in Honiara that catered to Asian men and other 
expatriates, the police opened an investigation and subsequently closed 
an establishment operated by the group. Asian women found working there 
were deported.
    Sexual harassment is not prohibited by law and was a problem.

    Children.--Within the limits of its resources, the Government was 
committed to the welfare and protection of children. During the year, 
major foreign assistance helped to bolster the educational system, 
which had languished over the previous 5 years. With assistance from 
RAMSI, all of the country's schools were operating by year's end, and 
an additional 1,500 classrooms were being built. However, education was 
not compulsory, and, according to some estimates, less than 60 percent 
of school-age children had access to primary education; the percentages 
of those attending secondary and tertiary institutions were much 
smaller. A higher percentage of boys than girls attended school. School 
fees required of all students were very high relative to local incomes. 
Primary school fees were scheduled for elimination in 2005.
    The Constitution grants children the same general rights and 
protections as adults. Existing laws are designed to protect children 
from sexual abuse, child labor, and neglect. Children generally were 
respected and protected within the traditional extended family system, 
in accordance with a family's financial resources and access to 
services, although some cases of child abuse were reported. Virtually 
no children were homeless or abandoned. All medical care for children 
was free; however, the lack of resources seriously reduced the quality 
and availability of medical care.
    Several hundred children (generally boys) under the age of 18 were 
active combatants during the ethnic conflict or assisted in militants' 
camps. Many of these underage militants joined criminal gangs 
immediately following the conflict, but as of year's end, most had 
returned to their villages and reentered civil society. However, some 
unemployed youth in urban areas were involved in petty crime.

    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 is no law or national policy on 
persons with disabilities, and no legislation mandates access to 
buildings for such individuals. Their protection and care are left to 
the traditional extended family and NGOs. With high unemployment 
countrywide and few jobs available in the formal sector, most persons 
with disabilities, particularly those in rural areas, did not find work 
outside of the family structure.
    The Ministry of Home Affairs is responsible for protecting the 
rights of persons with disabilities.
    The country had one educational facility for children with 
disabilities, which was supported almost entirely by the Red Cross. A 
new education unit opened at the College of Higher Education to train 
teachers in the education of persons with disabilities. Such training 
was made compulsory for all student teachers at the college.
    Persons With mental disabilities were cared for within the family 
structure; there were no government facilities for such persons.

    National/Racial/Ethnic Minorities.--The country is composed of over 
27 islands with approximately 70 language groups. In the precolonial 
era, these groups existed in a state of continual warfare with one 
another, and even today many islanders see themselves first as members 
of a clan, next as inhabitants of their natal island, and only third as 
citizens of their nation. Over the past century, and particularly since 
World War II, many persons from the poor, heavily populated island of 
Malaita settled on Guadalcanal, the island on which the capital of 
Honiara is located. The tensions and resentment between the 
Guadalcanalese and the Malaitans on Guadalcanal culminated in violence 
beginning in 1998 (see Sections 1.c., 1.f., and 2.d.), when 
Guadalcanalese militants began a campaign of threats and intimidation 
against Malaitans on Guadalcanal. Scores of Malaitans were killed or 
injured by Guadalcanalese militants. Approximately 30,000 persons, 
mainly Malaitans, fled their homes as a result of the conflict. 
Civilians were the victims of abuses by both sides; such abuses 
reportedly included abductions, torture, rape, forced resettlement, 
looting, and the burning of homes. Ethnic tension between Malaitans and 
Guadalcanalese was greatly reduced with the presence of RAMSI in the 
country.

    Other Societal Abuses and Discrimination.--Same-sex relationships 
are illegal. In January, a woman was arrested and charged with indecent 
practice between persons of the same sex. She was convicted and 
sentenced to a jail term.
Section 6. Worker Rights
    a. The Right of Association.--The Constitution implicitly 
recognizes the right of workers to form or join unions, to choose their 
own representatives, to determine and pursue their own views and 
policies, and to engage in political activities. The courts have 
confirmed these rights, and workers exercised them in practice. Only 
about 10 to 15 percent of the population participated in the formal 
sector of the economy. Approximately 60 to 70 percent of wage earners 
were organized (approximately 90 percent of employees in the public 
sector and 50 percent of those in the private sector).

    b. The Right to Organize and Bargain Collectively.--The law 
provides for the right to organize and to bargain collectively, and 
unions exercised these rights. Wages and conditions of employment are 
determined by collective bargaining, usually at the level of individual 
firms. If a dispute between labor and management cannot be settled 
between the two sides, it is referred to the Trade Disputes Panel (TDP) 
for arbitration. The three-member TDP, composed of a chairman appointed 
by the judiciary, a labor representative, and a business 
representative, is independent and neutral.
    The law permits strikes. Private sector disputes usually were 
referred quickly to the TDP for arbitration, either before or during a 
strike. In practice, the small percentage of the work force in formal 
employment meant that employers had ample replacement workers if 
disputes were not resolved quickly. However, employees are protected 
from arbitrary dismissal or lockout while the TDP is deliberating.
    Early in the year, several hundred workers went on strike at the 
Russell Islands Plantation Estate, Limited (RIPEL). The National Union 
of Workers alleged that RIPEL made improper offshore export sales of 
copra and cocoa; the company alleged that striking workers had engaged 
in criminal activities, including occupying company buildings and 
threatening company managers. Although the High Court declared the 
strike illegal, the standoff continued at year's end.
    The law protects workers against anti-union activity, and there 
were no areas where union activity was officially discouraged.
    There are no export processing zones.

    c. Prohibition of Forced or Compulsory Labor.--The Constitution 
prohibits forced or compulsory labor, including by children, and, 
normally, except as part of a court sentence or order, there were no 
reports that such practices occurred.

    d. Prohibition of Child Labor and Minimum Age for Employment.--The 
law forbids labor by children under the age of 12, except light 
agricultural or domestic work performed in the company of parents. 
Children under age 15 are barred from work in industry or on ships; 
those under age 18 may not work underground or in mines. The Labor 
Division of the Ministry of Commerce, Trade, and Industry is 
responsible for enforcing child labor laws. Given low wages and high 
unemployment, there was little incentive to employ child labor.

    e. Acceptable Conditions of Work.--The minimum wage rate is $0.50 
per hour (SI$2.50) for all workers except those in the fishing and 
agricultural sectors, who receive $0.35 (SI$1.75). The legal minimum 
wage did not provide a decent standard of living for an urban family 
living entirely on the cash economy. However, most families were not 
dependent solely on wages for their livelihoods.
    The law regulates premium pay, sick leave, the right to paid 
vacations, and other conditions of service. The standard workweek is 45 
hours and is limited to 6 days per week. There are provisions for 
maternity leave and for premium pay for overtime and holiday work.
    Both an active labor movement and an independent judiciary provided 
enforcement of labor laws in major state and private enterprises. The 
Commissioner of Labor, the Public Prosecutor, and the police are 
responsible for enforcing labor laws; however, they usually reacted to 
complaints rather than routinely monitoring adherence to the law. The 
extent to which the law was enforced in smaller establishments and in 
the subsistence sector was unclear. Safety and health laws appeared to 
be adequate. The Safety at Work Act requires employers to provide a 
safe working environment and forbids retribution against an employee 
who seeks protection under labor regulations or removes himself from a 
hazardous job site. Laws on working conditions and safety standards 
apply equally to foreign workers and citizens.

                               __________

                                THAILAND

    Thailand is a democratically governed constitutional monarchy. The 
King exerts strong informal influence but has never used his 
constitutionally mandated power to veto legislation or dissolve the 
elected bicameral Parliament. In 2001, a coalition government led by 
Prime Minister Thaksin Shinawatra's Thai Rak Thai Party was formed 
following the January general elections. The election process was 
viewed as generally free and fair; however, it was marred by widespread 
vote buying and the killing of some political canvassers during the 
campaign. Parliamentary elections were scheduled for February 6, 2005. 
Violence attributed to Muslim separatist insurgents in the southern 
part of the country resulted in almost daily reports of violence 
against government authorities and civilians at year's end. The 
judiciary is independent but was subject to corruption.
    While the civilian authorities generally maintained effective 
control of the security forces, in some instances elements of the 
security forces acted independently of government authority. The 
national police force is under the direct authority of the Police 
Commissioner, who reports to the Prime Minister. The military forces 
are under the jurisdiction of the Ministry of Defense. With the 
exception of specific, limited military authority along the country's 
borders, the police have responsibility for internal security. Elements 
of both the armed forces and the police had a reputation for 
corruption. Some members of the security forces committed serious human 
rights abuses.
    The economy was market oriented with a strong tradition of private 
enterprise, although state enterprises played a significant role in 
some sectors. The country had a population of approximately 64 million. 
Gross domestic product (GDP) growth was estimated to be 6 to 7 percent 
for the year. Annual per capita income was approximately $2,237. 
According to the National Statistical Office, approximately 40 percent 
of all employed workers were employed in the agricultural sector, 
although agriculture only accounted for approximately 10 percent of 
GDP. There was a lack of transparency in bureaucratic decisionmaking, 
and some areas of Government remained vulnerable to corruption.
    The Government generally respected the human rights of its 
citizens; however, there were significant problems in some areas. 
Separatist violence in the extreme southern region of the country 
resulted in the deaths of more than 180 persons at the hands of 
security forces. Heightened tensions due to the violence and increased 
security measures led to occasional clashes with the police and to 
growing resentment among the local populace in the affected region of 
the country. Police occasionally beat suspects to coerce confessions. 
The Government announced investigations in many instances but failed to 
prosecute vigorously those who committed such abuses, contributing to a 
climate of impunity. A culture of corruption persisted in many parts of 
the civilian bureaucracy and in some units of the security forces. 
Routine demands for bribes undermined the rule of law and permitted the 
continuation of various illegal activities, including trafficking in 
persons, sexual exploitation, and prostitution. Conditions in prisons 
and some provincial immigration detention facilities remained poor. 
Prolonged pretrial detention, including of aliens, remained a problem. 
The judiciary suffered from corruption, and, at times, security forces 
infringed on citizens' privacy rights. The media, while still vigorous, 
feared lawsuits against individuals or media outlets and practiced some 
self-censorship. There were some restrictions on freedom of religion 
and freedom of movement. At times, the Government hindered the activity 
of some human rights groups. The 1997 Constitution increased legal 
protections for women and persons with disabilities; however, some 
inequities in the law remained, and some protections were not enforced. 
Violence and societal discrimination against women were problems. 
Trafficking in women and children were serious problems, as were 
coerced prostitution and labor. Societal discrimination against hill 
tribes and religious and ethnic minorities continued. Workers' freedom 
to associate was undermined by deficient legal protections, their right 
to bargain collectively was inadequately protected, there were reports 
of forced labor, and the worst forms of child labor occurred 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 
confirmed reports of politically motivated killings by the Government 
or its agents; however, security forces continued to use excessive, 
lethal force against criminal suspects and committed or were connected 
to numerous extrajudicial, arbitrary, and unlawful killings.
    On April 28, elements of the police and military killed more than 
100 persons while repelling multiple attacks in Yala, Pattani, and 
Narathiwat Provinces by unnamed separatist Muslim men. Of this total, 
32 were killed at Krue Se mosque in Pattani, when security forces 
stormed the mosque after a 9-hour standoff. According to an official 
independent commission report on the Krue Se mosque incident, the 
commander on the scene ordered the raid after failed negotiations and 
the deaths of three soldiers. Civilian authorities in Bangkok, 
including the Deputy Prime Minister in charge of security, claimed that 
the raid was conducted without their approval. The commission concluded 
that force was used when negotiations would have been more appropriate 
and that the level of force employed was excessive. There were at least 
two other reports of civilian deaths at the hands of security forces 
after the April clashes. On September 6, Ilmin Nehlae reportedly was 
shot in the back and killed while under control of paramilitary 
rangers. Four paramilitary soldiers were charged with murder. At year's 
end, a special judiciary panel was established to determine whether the 
case should be tried by a civilian or a military court.
    On June 21, environmental activist Charoen Wataksorn was shot and 
killed while returning home after testifying at the Parliament against 
the purchases of public land to be used for a proposed coal-fired power 
plant. Five persons--two gunmen and three ``masterminds''--were charged 
in connection with his killing, including a provincial official. The 
gunmen remained in custody, while the three others were granted bail.
    On October 25, 78 Muslim detainees being transported to an army 
camp after a violent demonstration in Tak Bai, Narathiwat Province, 
died from asphyxiation after police and military forces stacked them 
horizontally onto truck beds for transport in numbers far surpassing 
the capacity of the vehicles. In December, an independent commission 
issued a report concluding that three senior security officials, 
including the Fourth Army commanding general, failed to perform 
properly their duty and responsibility to monitor their subordinates in 
transporting detainees in a humane manner. The commission stated that 
seven persons remained missing. The commission suggested no legal 
action or punitive recommendations, but the Government directed the 
Ministry of Defense to conduct a military disciplinary investigation of 
the three senior officers cited in the report, and it also directed the 
Police Department to conduct a criminal investigation. In addition, the 
Government established a committee to provide assistance and 
compensation to victims and their families.
    During the year, at least a dozen provincial or district level 
officials or their political operatives, such as canvassers, were 
killed. Police investigations indicated that many of incidents were 
``politically motivated,'' but in some cases personal or business 
disputes were the suspected motive.
    On September 17, Rapin Ruankaew, a Pattani provincial court judge, 
was shot and killed by three gunmen on his way to work. Police arrested 
a student of a local ``pondok'' Islamic school. Three other alleged 
accomplices remained at large.
    No progress was reported in the investigations into the 
extrajudicial killings of approximately 1,300 suspected drug 
traffickers during the Government's 3-month ``War on Drugs'' campaign 
from February through April 2003. The Narcotics Control Board chaired 
two committees investigating the killings. The Government maintained 
that the deaths were the result of disputes between those involved in 
the drug trade. Local and international human rights groups, including 
the National Human Rights Commission (NHRC), disputed this claim and 
called for thorough investigations of all extrajudicial killings.
    When the Government investigated extrajudicial killings, it 
prosecuted few of the accused police or military officers. Senior 
prosecutors and nongovernmental organization (NGO) legal associations 
claimed that most cases against police or military officers accused of 
extrajudicial killings eventually were dismissed because regulations 
outlined in the Criminal Code require public prosecutors to rely 
exclusively upon the recommendations of the police when determining 
whether to bring a case for criminal prosecution. The resulting routine 
exoneration of police officers contributed to a climate of impunity 
that persisted in preventing any major change in police behavior. It 
also discouraged relatives of victims from pressing for prosecution. 
Procedures for investigating suspicious deaths, including deaths 
occurring in police custody, required among other things that the 
prosecutor, a forensic pathologist, and a local administrator 
participate in the investigation and that family members have legal 
representation at the inquests. However, these procedures often were 
not followed. Families rarely took advantage of a provision in the law 
that allows them to bring personal lawsuits against police officers for 
criminal action during arrest. There was no information available to 
determine how many cases were settled out of court. However, in cases 
in which suits were filed, the official charged often compensated the 
family of the deceased, and the lawsuit was waived. Compensation varied 
widely, from $3,750 (150,000 baht) to $75,000 (3 million baht).
    There continued to be no developments in the 2002 killings in 
Chiang Rai, where police officers killed several civilians suspected of 
drug trafficking.
    According to the Ministry of Interior's Investigation and Legal 
Affairs Bureau, during the first 9 months of the year, 1,632 persons 
died in prison or police custody, 131 due to the actions of police 
officers (see Section 1.c.). Authorities attributed most of these 
deaths to natural illness. Following an investigation into the January 
2003 death of a detainee at the Kanchanaburi police station, the 
provincial public prosecutor charged a police corporal with murder; the 
trial continued at year's end.
    No one was charged in the 2003 deaths of detainees in the Muang 
Surathani police station, despite an aggressive investigation by the 
NHRC, which suspected that the victims died from beatings by policemen. 
The victims' cellmates were charged with murder; their case was 
referred to the criminal court, but no progress was made during the 
year.
    Beginning in April, there were almost daily reports of separatist 
violence against government representatives, including teachers and 
court officials. Occasional bombings, sometimes in public areas, 
resulted in death and injury.
    According to the Thailand Mine Action Center, through October, 11 
persons were reported killed and 8 injured by landmines in border 
areas. Some of these incidents were caused by land mines from former 
conflicts on the Laotian and Cambodian borders, while others were 
attributed to recent conflicts on the Burmese border.

    b. Disappearance.--On March 12, Muslim attorney and human rights 
activist Somchai Neelapaijit disappeared. Somchai, who represented five 
Muslim defendants charged with raiding a military camp in Narathiwat 
Province on January 4, also was the lead attorney for three persons 
suspected of membership in the Jemaah Islamiya terrorist organization. 
In April, five police officers were charged with kidnapping and robbery 
in the Somchai case and released on bail in June. A trial date was set 
for August 9, 2005. At year's end, Somchai remained missing.
    The media, human rights NGOs, and some members of the opposition 
Democrat Party petitioned the Government to investigate reported 
disappearances of mostly Muslim men in some southern provinces, 
particularly Narathiwat. In June, five men illegally detained Sukip-li 
Asae in Narathiwat. After villagers intercepted the vehicle used to 
abduct Asae, uniformed police officers freed him. The five men later 
were identified as police officers. At year's end, an internal police 
investigation was pending, but no charges had been filed.

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The Constitution and the Criminal Code prohibit such 
practices; however, NGOs and legal organizations continued to report 
that some members of the police occasionally tortured and beat suspects 
to obtain confessions. During the year, there were newspaper reports of 
numerous cases in which citizens accused police of using brutality, 
threatening false charges, and extorting bribes. Investigations were 
undertaken in most of the cases, including several in which the accused 
police officers were suspended pending the result of internal 
investigations.
    In November, a 28-year-old man and his 17-year-old wife, who gave 
birth to a child in her prison cell, were freed from Lumpini police 
station in Bangkok after being held for 102 days. No criminal charges 
were filed by police, who claimed they arrested the couple on July 27 
for suspected theft of computer equipment. The couple also claimed that 
police beat them and robbed them of their personal items. Police Major 
Kriangsak Thipchoi later was temporarily suspended from the police 
force, pending an investigation by an internal police panel.
    Also in November, police in Ayutthaya and Uthai Provinces 
reportedly tortured a man after arresting him for suspected robbery. 
Police beat and applied electric shock to the man's genitals to coerce 
a confession. Twenty-three members of the police were transferred to 
Bangkok in connection with the incident, pending an internal police 
investigation.
    On March 10, five suspects in the January 4 Narathiwat military 
camp raid alleged that police beat and administered electric shocks to 
them to obtain confessions. The suspects filed a formal complaint with 
the Ministry of Justice through their lawyer, Somchai Neelapaichjit, 
who was missing at year's end (see Section 1.b.). The suspects were 
transferred to a prison in Bangkok, and in May, all charges related to 
the January 4 incident were dropped. However, only one suspect was 
freed; the other four were rearrested by Narathiwat police on unrelated 
charges. Police opened an internal investigation of the officers 
suspected of abuse, but at year's end no criminal charges had been 
filed.
    Six local officials remained free on bail in connection with the 
May 2003 killing of six Burmese laborers in Mae Sot. The officials were 
relieved of their duties and their cases referred to the criminal 
court, but no trial date had been set at year's end.
    In July, the police sergeant accused in the 2002 rape of a female 
detainee at a Bangkok police station was sentenced to 18 years in 
prison. Also in July, a 36-year-old Karen man accused in a 2002 bus 
attack in Ratchaburi Province was exonerated of all wrongdoing and 
freed. He was granted special resident status so that he could remain 
in the country with his family.
    There were no developments in the trial of three soldiers accused 
of the 2002 alleged rape of two female refugees from Burma.
    Prison conditions were poor and severely overcrowded but, in 
general, did not pose a serious threat to the life or health of 
inmates. The total prison population of approximately 170,500 inmates 
was held in 139 prisons and detention centers designed for a maximum of 
100,000 prisoners. Sleeping accommodations were insufficient. Medical 
care in prisons was inadequate, but the number of full-time medical 
professionals increased significantly. The Corrections Department 
employed 17 full-time doctors, 147 full-time nurses, and 6 full-time 
dentists. There were 17 part-time doctors to supplement the permanent 
medical staff. Construction was completed on a 500-bed hospital at 
Klong Prem Prison, but the hospital had not opened at year's end. 
Prison authorities sometimes used solitary confinement of not more than 
3 months to punish difficult male prisoners who consistently violated 
prison rules or regulations. They also used heavy leg irons to control 
prisoners who were deemed at risk of escape and often for prisoners 
serving life sentences or on death row.
    Male and female prisoners in official detention centers and prisons 
were segregated. However, approximately 11 percent of the total prison 
population were pretrial detainees, who were not segregated from the 
general prison population. Men, women, and children often were held 
together in police station holding cells pending indictment. Juveniles 
were held separately in 34 of the 76 provinces, but they were detained 
with adults in some regions of the country.
    Conditions in Bangkok's Suan Phlu Immigration Detention Center 
continued to improve during the year; however, conditions in nine 
provincial detention centers remained poor. Immigration detention 
facilities were administered by the Immigration Police Bureau, which 
reported to the Prime Minister's Office, and were not subject to many 
of the regulations that governed the regular prison system. There were 
credible reports that guards physically abused detainees in some 
detention centers. Overcrowding and a lack of basic medical care 
continued to be serious problems.
    On February 20, 8 persons under the custody of the Immigration 
Police were killed and 18 seriously injured in a vehicle accident while 
being transported for removal to the Burmese border. The truck-style 
vehicle, originally designed to seat 20 passengers, was loaded with 
more than 100 persons, including 4 children.
    Access to prisons was not restricted, and the Government permitted 
visits by independent human rights observers and the International 
Committee of the Red Cross (ICRC).

    d. Arbitrary Arrest or Detention.--The Constitution prohibits 
arbitrary arrest and detention; however, government forces occasionally 
arrested and detained persons arbitrarily. In practice, the system for 
issuing arrest warrants was subject to misuse by police officers who 
provided false evidence to courts to obtain arrest warrants. Under the 
Constitution, persons must be informed of likely charges against them 
immediately after arrest and must be allowed to inform someone of their 
arrest. Detainees have the right to have a lawyer present during 
questioning; however, police often ignored this right in practice. 
Foreign prisoners sometimes were pressured to sign confessions without 
the benefit of a competent translator.
    The Royal Thai Police (RTP) is under the direct supervision of the 
Prime Minister and a 20-member Police Commission. The RTP consisted of 
approximately 200,000 officers in 10 geographic regions. The Police 
Commissioner-General is appointed by the Prime Minister and subject to 
cabinet and royal approval. Border Patrol Police have special authority 
and responsibility in border areas to combat insurgent or separatist 
movements.
    Corruption remained widespread among police officers. Police 
officials complained that low pay made them susceptible to bribes. 
There were reports that police tortured, beat, and otherwise abused 
detainees and prisoners, generally with impunity. Complaints of police 
abuse can be filed directly to the superior of the police officer 
accused, the Office of Inspector General, or the Police Commissioner-
General. The NHRC, the Law Society of Thailand, the National Counter 
Corruption Commission (NCCC), and the Office of the Prime Minister also 
accept complaints of police abuse and corruption, as does the Office of 
the Ombudsmen. When the Police Department receives a petition, an 
internal investigation committee first takes up the matter and may 
temporarily suspend the officer during the investigation. Various 
administrative penalties exist, and serious cases can be referred to 
the criminal court. During the year, the Police Inspector General 
received 77 petitions alleging police abuse or corruption. In nine 
cases, officers were found guilty, and disciplinary or administrative 
punishments were given out. The NCCC received 157 petitions alleging 
police abuse or corruption. No figures were available on actions taken 
by the NCCC on these complaints. The RTP increased professional 
training at the Central Police Academy and provincial police training 
schools.
    The Constitution provides defendants the right to bail, and the 
Government generally respected this right. However, some human rights 
groups reported that police frequently did not inform detained suspects 
of their right to bail or refused to recommend bail after a request for 
bail was submitted by suspects to the court.
    Some police officers were involved in prostitution and trafficking 
in women and children (see Section 5). In August, the Police 
Department, after an internal investigation, reinstated four police 
colonels who had been removed from active duty in July 2003 for 
allegedly accepting financial and sexual bribes. The status of 
approximately 40 other officers involved in this case was unknown.
    The law requires the police to submit criminal cases to prosecutors 
for the filing of court charges within 48 hours of arrest, with 
extensions of up to 3 days permitted. Police may seek court permission 
to hold suspects for additional periods (up to a maximum of 82 days for 
the most serious offenses) to conduct investigations. Laws and 
regulations place offenses for which the maximum penalty is less than 3 
years under the jurisdiction of the district courts, which have 
different procedures. In these cases, police are required to submit 
cases to public prosecutors within 72 hours of arrest. Lawyers reported 
that police rarely brought cases to court within the 48-hour period. As 
in previous years, several Burmese activists were arrested and held 
generally on immigration violation charges.
    Pretrial detention of criminal suspects for up to 60 days was 
common. Some foreigners from countries without diplomatic 
representatives in the country faced trial delays of many months.
    Approximately 20,000 prisoners were freed in August as part of the 
72nd birthday celebrations honoring Her Majesty Queen Sirikit.

    e. Denial of Fair Public Trial.--The Constitution provides for an 
independent judiciary; however, while the judiciary generally was 
regarded as independent, it was subject to corruption and influence.
    In addition to an independent Constitutional Court, the civilian 
judicial system has three levels of courts: courts of first instance, 
courts of appeal, and the Supreme Court. A separate military court 
hears criminal and civil cases pertaining to military personnel as well 
as those brought during periods of martial law (last imposed in 1992). 
The Constitutional Court is charged with interpreting the Constitution. 
Islamic (Shari'a) courts hear only civil cases concerning members of 
the Muslim minority. The law provides for access to courts or 
administrative bodies to seek redress, and the Government generally 
respected this right.
    In February, the Constitutional Court upheld two antiterrorist 
decrees issued by the Prime Minister in August 2003 that provide 
punishments ranging from fines to the death penalty for terrorist 
crimes. This marked the first use of a provision in the Constitution 
that allows Parliament to refer executive decrees to the Constitutional 
Court for review.
    There is no trial by jury. A single judge decides trials for 
misdemeanors; two or more judges are required for more serious cases. 
Trials often required years to complete because they ran sporadically, 
typically convening for a single day every few months. In January, new 
court procedures were enacted to provide for continuous processing of 
cases, rather than sporadic procedural court dates over a typical 2- to 
3-year period. However, there remained a large backlog of pending court 
cases, resulting in an average wait of 12 to 18 months for most trials. 
While most trials are public, the court may order a closed trial, 
particularly in cases involving national security, the royal family, 
children, or sexual abuse. Justices nominated to the Constitutional 
Court or Supreme Administrative Court must be confirmed by the Senate; 
all other judges are career civil servants whose appointments are not 
subject to parliamentary review.
    The Constitution provides for the presumption of innocence. 
Defendants tried in ordinary criminal courts enjoy a broad range of 
legal rights, including access to a lawyer of their choosing. A 
government program provided free legal advice to the poor, but indigent 
defendants were not provided with counsel at public expense 
automatically. The court was required to appoint an attorney in cases 
where the defendant was a minor and in cases where possible punishment 
was imprisonment. Most free legal aid came from private groups, 
including the Law Society of Thailand and the Thai Women Lawyers 
Association.
    The Constitution and the Criminal Code provide for access to 
counsel for criminal detainees; however, lawyers and human rights 
groups claimed that local police often ignored this procedure and 
conducted interrogations of suspects without providing access to an 
attorney.
    There were no reports of political prisoners.

    f. Arbitrary Interference With Privacy, Family, Home or 
Correspondence.--With limited exceptions, the Constitution prohibits 
such actions, and the Government generally respected these prohibitions 
in practice. With a few exceptions, including crimes in progress, the 
Constitution requires police to obtain a warrant from a court prior to 
conducting a search. The Criminal Procedure Code provides standardized 
procedures for issuing warrants.
    Police continued to conduct warrantless searches for narcotics in 
villages in the northern provinces. Such operations are permitted under 
both the Constitution and the 1976 Narcotics Prevention and Suppression 
Act in cases in which there is reasonable suspicion and an urgent 
search is deemed necessary. Some academic groups claimed that the 
searches were arbitrary and violated the villagers' civil rights.
    Security services monitored persons, including foreign visitors, 
who espoused extremist or highly controversial views.
Section 2. Respect For Civil Liberties, Including:
    a. Freedom of Speech and Press.--The Constitution, with some 
exceptions, 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, continued harassment and 
intimidation of journalists and editors encouraged self-censorship. On 
at least one occasion, libel laws were used to suppress criticism. Bans 
on some Internet sites occurred for the first time.
    Under the Constitution and laws, the Government may restrict 
freedom of speech and freedom of the press to preserve national 
security, maintain public order, preserve the rights of others, protect 
public morals, and prevent criticism of the royal Family and insults to 
Buddhism.
    The Government generally respected freedom of speech. Individuals 
could criticize the Government publicly and privately without official 
reprisal. The Government did not attempt to impede criticism through 
such means as monitoring political meetings.
    The Constitution makes it unlawful for the Government to censor, 
ban, license, or restrict print or broadcast media, except by specific 
legislation in times of crisis. Journalists generally were free to 
comment on government activities without fear of official reprisal. 
Media criticism of political parties, public figures, and the 
Government was common and vigorous. However, the media practiced self-
censorship, particularly with regard to the monarchy and issues 
involving national security. Self-censorship for fear of other 
political or economic repercussions, such as reassignment to other 
duties in a publication, termination of a broadcast program, or removal 
from a role in the production or presentation of a broadcast program, 
also was evident.
    In December 2003, the Chiang Mai Criminal Court acquitted four 
noncommissioned army officers arrested in connection with the 2000 
nonfatal shooting of the editor in chief of a Chiang Mai daily 
newspaper. The editor appealed the decision. Police continued to 
investigate the February 2003 death of Thai Rath newspaper reporter 
Surapong Ritthi.
    Despite constitutional provisions, many observers expressed 
concerns regarding the independence of the press. On May 3, the Thai 
Journalists' Association issued a report stating that challenges to the 
media's rights and freedom had become more intense and serious. On 
September 1, Human Rights Watch condemned the Government's ``increasing 
pressure'' on the media and the use of libel suits to quell criticism. 
According to some members of the Thai Journalists Association, the 
Government used various means to increase control over the media, 
including direct control through ownership, the threat of withdrawing 
financial support and advertisements, constraints on the flow of 
information, and direct pressure on critical journalists and activists.
    Newspapers and magazines generally were independently owned. During 
the year, investors with connections to politicians purchased large 
shares in some newspaper businesses, including the purchase of more 
than 10 percent of the Nation Multimedia Group, an organization widely 
viewed as an opposition media group.
    State entities controlled and owned almost all radio and television 
stations. The military services retained ownership of 214 radio and 
television stations, ostensibly for national security purposes. Other 
owners of national broadcast media included the Government's Public 
Relations Department.
    Television and radio stations must renew their licenses every year, 
and radio signals were broadcast via government transmitters. Stations 
are required by law to broadcast 30 minute government-produced 
newscasts twice daily. The Shin Corporation, which belonged to Prime 
Minister Thaksin's family, owned iTV, the country's only independent 
television station. However, iTV's programmers generally were free to 
determine the nature and content of the station's broadcasts.
    Media reform efforts to establish an independent National Broadcast 
Commission (NBC) to assign broadcast frequencies and regulate the 
broadcast sector remained stalled. In 2003, the Supreme Court rejected 
a selection committee's proposed NBC membership list due to a lack of 
transparency in the selection process. At year's end, the names of 14 
candidates were forwarded to the Senate, which was to select the final 
7 members comprising the NBC.
    Repeated delays in the implementation of the broadcast reforms 
resulted in attempts by some to establish their own community radio 
studios and transmitters. Because current broadcast regulations 
restrict radio frequencies to government entities, these independent 
community radio stations technically operated outside the law. A 2003 
state community radio policy allowed the stations to continue ``extra-
legal'' operations until laws and regulations were amended. By the end 
of the year, over 1,000 independent community radio broadcast stations 
were in operation. On September 3, the Government Public Relations 
Department (PRD) announced plans to allow 1,500 community radio 
stations and permit such stations to broadcast 6 minutes of commercials 
a day but limit them to 30 watts of power, a 30-foot antenna, and a 
range of 15 to 18 miles. The PRD has attempted to assert its regulatory 
control over the community radio stations, citing a 2003 cabinet 
resolution empowering the department to regulate all radio stations. 
The PRD, with the approval of the Deputy Prime Minister, attempted to 
register all community radio stations by the end of the year. Many 
community radio operators nationwide opposed these efforts. According 
to press reports, on December 14, approximately 200 members of the 
National Community Radio Federation threatened to stage a public 
protest if the PRD's efforts to register all community radio stations 
went forward. They expressed concerns that, if placed under PRD 
supervision, ruling government political parties could use the stations 
as campaign tools. By mid-December, despite PRD warnings that all 
unlicensed community radio operators would be arrested after February 
2005, the PRD had received only approximately 500 applications.
    Unlike in previous years, journalists were not subject to arrest or 
violence by the police or other government forces. Likewise, there were 
no reports of criminal, racist, rebel, or terrorist elements 
threatening journalists. There also were no reports that the Government 
revoked the visas of foreign journalists or confiscated newspapers or 
magazines.
    The Government did not directly censor the media. The law permits 
police closure of newspapers or printing presses in times of war or 
national emergency, but only with a court order. It also allows police 
to restrict or confiscate publications and other materials for 
disturbing the peace, interfering with public safety, or offending 
public morals. No such closures or seizures occurred during the year, 
nor did the Police Special Branch issue any official warnings. Books 
normally were not censored and circulated freely. Police have the 
authority to ban the importation of publications but did not exercise 
it.
    Self-censorship appeared to have increased. In February, the 
management of the respected English-language Bangkok Post removed its 
editor via promotion. While the Post insisted the change was motivated 
by business concerns, media insiders widely believed the move was 
occasioned by the editor's sometimes critical stance towards the 
administration. Soon after the editor's removal, 80 Post journalists 
signed a statement deploring the ``ominous signs'' of political 
interference and demanding continued editorial independence. The editor 
continued to publish bylined editorials critical of the Government.
    The Government reportedly attempted to intervene in the editorial 
departments of other newspapers via pressure on the newspapers' 
advertisers or allies to end their support if the newspapers continued 
to be critical of the Government.
    Advertising revenue considerations also reportedly compromised 
editorial independence. During the year, the Thai Journalists' 
Association claimed some newspapers reconsidered criticism of 
government figures who purchased advertising or controlled the 
advertising placements of large government-owned entities.
    Television stations occasionally censored or ``blacked out'' 
portions of programming that they deemed politically sensitive or 
pornographic. Such self-censorship was more common at state-controlled 
stations. A censorship board in the Office of the Prime Minister 
reportedly advised broadcasters either verbally or by letter of 
specific programs deemed inappropriate or offensive and advised 
programmers to be more careful in the future.
    During the year, there were several court cases in which entities 
in the Government or associated with it used libel laws in apparent 
attempts to suppress media criticism. In June, a criminal court 
accepted a libel case filed by the Shin Corporation against Supinya 
Klangnarong, Secretary General of the NGO Campaign for Popular Media 
Reform; the small, Thai-language Thai Post newspaper; and Thai Post's 
three editors. The suit stemmed from a July 2003 Post story in which 
Supinya said that it appeared the Shin Corporation was a major 
beneficiary of the Prime Minister's policies. The Shin Corporation also 
filed a $10 million (400 million baht) civil case against the same 
defendants. The criminal case was scheduled to begin July 2005, and the 
civil case arraignment was to follow the criminal case. Supinya stated 
that the suit had discouraged her from further criticizing specific 
businesses.
    In another high-profile case, in 2002, four Constitutional Court 
judges and a state prosecutor filed a libel suit against Prasong 
Soonsiri, a former foreign minister and columnist for the opposition 
Naew Na newspaper. Prasong had written an article quoting academics who 
criticized the Court's acquittal of Prime Minister Thaksin in the 2001 
asset-concealment case. On December 3, a criminal court found Prasong 
not guilty of defaming the judges but guilty of contempt of court by 
failing to respect the acquittal verdict. Prasong received a 1-year 
suspended sentence and had to pay a fine of $175 (7,000 baht). The 
verdict was generally seen as a victory for Prasong.
    Responding to allegations that the freedom of speech provided for 
in the Constitution was restricted by these uses of libel law, during 
the year, the Prime Minister stated that freedom of speech ``must not 
violate others' rights and there are laws for people to sue.''
    The Police Special Branch sent a number of ``letters of 
cooperation'' requesting the media to be cautious when reporting 
sensitive political or social issues, including news that could affect 
national security negatively. Although these ``letters of cooperation'' 
had no legal standing, they may have inspired self-censorship. In 
March, the Nation reported that it had acquired a copy of one of these 
letters, sent from the National Police to a supervisor of a police-
owned radio station. The letter instructed the recipient to ensure that 
an evening news discussion program exclude criticism of the 
Government's plan to privatize major state enterprises. The letter, 
signed by a police captain, said the PRD wanted daily tapes of the 
program hosted by journalist and political activist Samarn Sri-ngarm to 
ensure that opposition to privatization plans had not been broadcast. 
Samarn's program soon was taken off the air. The Police Special Branch, 
the only entity authorized to issue such letters, told diplomatic 
representatives that it had not authorized the letter.
    Cultural events were more directly censored, usually for reasons of 
public decency. Under the 1930 Film Act, theater owners and 
broadcasters must submit films they plan to show to the film censorship 
board for review. The board is composed of officials representing the 
Ministry of Education, the Ministry of University Affairs, the 
military, the Department of Religious Affairs, and the Ministry of 
Foreign Affairs. The board may ban a film if its requirement that 
portions of the film be deleted are not met. Reasons for censoring 
films include violating moral or cultural norms and disturbing the 
public order or national security. Theater owners and broadcasters 
frequently censored films themselves before submitting them to the 
board. According to the board, 4 of the 282 films submitted for review 
in 2003 were banned--3 South Korean and 1 American. Officers at the 
censorship board cited sexual situations and nudity as the main reasons 
for banning the four films.
    During the year, for the first time, the Government censored the 
Internet directly. Newspapers reported that in December 2003, the 
Information and Communications Technology Ministry set up a Cyber 
Inspector Team to monitor and ban websites featuring pornography and 
other inappropriate content. The chairman of the Cyber Inspector Team 
and an advisor to the Prime Minister said the organization was created 
in November 2003 and had more than 100 volunteers surveying 
``unsuitable'' websites, such as pornography sites and sites offering 
illegal products. The Government began distributing a growing blacklist 
of websites, both domestic and foreign, to government and private 
Internet service providers (ISPs) to be blocked. Compliance by the ISPs 
in blocking routine access to these websites was universal. Most of the 
sites blocked were deemed pornographic; however, some were blocked for 
promoting violent opposition to the Government or secession. According 
to the Cyber Inspector Team, by May 13, they had ``closed'' 1,574 
websites. All carried content concerning pornography, pornographic 
material, anti-Thai goods and services messages, or illegal products 
and services. The Government announced that an additional 2,500 
websites were blocked in December and included sites hosted within and 
outside the country.
    Following violence in the south, the Government enhanced efforts to 
block websites viewed as threatening to national security. On August 
15, a press report said authorities blocked access to the Pattani 
United Liberation Organization (PULO) website, which advocated southern 
Muslim separatist ideas and violence. The authorities accused PULO of 
supporting the unrest. Internet providers enforced the ban, informing 
their customers that they had blocked access to the website.

    b. Freedom of Peaceful Assembly and Association.--The Constitution 
provides for freedom of assembly and association, and the Government 
generally respected these rights in practice. Permits are not required 
for private meetings or gatherings unless held on public property or 
organized by foreign nationals; these are granted routinely. Private 
associations must register with the Government; such registration was 
approved routinely.
    On October 25, more than 80 persons died in Pattani, most while in 
the custody of security forces, after being detained following a 
violent demonstration calling for the release of 6 persons arrested for 
illegal weapons sales (see Section 1.a.). There were no other reports 
that security forces forcibly disrupted demonstrations during the year.
    In December, charges against 20 of the 32 protesters arrested in 
2002 after demonstrating in Hat Yai against a gas pipeline were 
dropped, and the remaining 12 were freed on bail. In July, the Songkhla 
Provincial Court accepted a lawsuit filed by a local NGO against a 
provincial police commander involved in the 2002 clashes between police 
and demonstrators, which left dozens injured.

    c. Freedom of Religion.--The Constitution provides for freedom of 
religion, and the Government generally respected this right in 
practice; however, it restricted the activities of some groups. The 
Constitution requires that the monarch be a Buddhist. The state 
religion in effect is Therevada Buddhism; however, it is not designated 
as such.
    The Government played an active role in religious affairs. The 
Religious Affairs Department, which is located in the Ministry of 
Education, registered religious organizations. Under the Religious 
Organizations Act, a new religion can be registered if a national 
census shows that it has at least 5,000 adherents, represents a 
uniquely recognizable theology, and is not politically active. To 
register, a religious organization also is required to be accepted into 
one of the five officially recognized ecclesiastical groups: Buddhist, 
Muslim, Catholic (which includes four Protestant sub-groups), Brahmin-
Hindu, and Sikh. Since 1984, the Government has not recognized any new 
religious groups. Government registration conferred some benefits, 
including access to state subsidies, tax-exempt status, and 
preferential allocation of resident visas for organization officials. 
Unregistered religious organizations did not receive these benefits but 
operated freely in practice.
    The Constitution requires the Government ``to patronize and protect 
Buddhism and other religions.'' The Government subsidized the three 
largest religious communities (Buddhist, Islamic, and Christian) by 
allocating approximately $45.8 million (1.83 billion baht) during the 
fiscal year to support these groups. These funds supported Buddhist and 
Muslim institutes of higher education, religious education programs in 
public and private schools, daily allowances for monks and Muslim 
clerics who held administrative and senior ecclesiastical posts, and 
travel and healthcare for monks and Muslim clerics. This figure also 
included an annual budget for the renovation and repair of Buddhist 
temples and Muslim mosques, the maintenance of historic Buddhist sites, 
and the daily upkeep of the Central Mosque in Pattani. The Government 
provided funding to Christian organizations to support social welfare 
projects. Catholic and Protestant groups could request government 
support for renovation and repair work but did not receive a regular 
budget to maintain church buildings, nor did they receive government 
assistance to support their clergy. Private donations to registered 
religious organizations were tax deductible.
    Religious instruction in Buddhism and Islam was required in public 
schools at both the primary (grades 1 through 6) and secondary (grades 
7 through 12) education levels. Students in each grade also took a 
course called ``Social, Religion, and Culture Studies.'' The course 
contained information on all five of the recognized religions in the 
country. Students who wished to pursue indepth studies of any religions 
could study at a religious school and transfer credits to a public 
school.
    In May, the Government began registration of over 200 traditional 
Islamic ``pondok'' schools in the Provinces of Yala, Pattani, and 
Narathiwat. In the past, these previously unregistered Islamic 
religious schools had no government oversight or funding.
    The Government permitted foreign missionary groups to work freely 
throughout the country. The number of officially registered foreign 
missionaries was limited to a religious and denominational quota 
established in 1982, but religious organizations reported that 
unregistered missionaries were able to proselytize. Activities of 
Muslim professors and clerics were subjected to disproportionate 
scrutiny on national security grounds.
    Muslims, who represented between 5 and 10 percent of the country's 
population nationwide and constituted the majority in four of the five 
southernmost provinces, also experienced some economic discrimination. 
The Government attempted to address the problem by maintaining 
longstanding policies designed to integrate Muslim communities into 
society through developmental efforts and expanded educational 
opportunities.
    Under the 1935 Civil Servant Uniform Act, Muslim female civil 
servants were not permitted to wear headscarves when dressed in civil 
service uniforms. Muslim female civil servants who were not required to 
wear uniforms were allowed to wear headscarves. In practice, most 
female civil servants were permitted by their supervisors to wear 
headscarves if they wished to do so, particularly in the country's 
southernmost provinces.
    The 1962 Sangha Act specifically prohibits the defamation or insult 
of Buddhism and the Buddhist clergy. The Penal Code prohibits the 
insult or disturbance of religious places or services of all of the 
recognized religions in the country.
    Violence committed by suspected Islamic militants in the southern 
provinces of Narathiwat, Pattani, Songkhla, and Yala affected the 
ability of some Buddhists in this predominantly Muslim region to 
undertake the full range of their traditional religious practices. 
During the year, unknown assailants killed at least four Buddhist monks 
and attacked several Buddhist temples and one Chinese shrine. In three 
incidents, unknown assailants beheaded Buddhist civilians and left 
notes warning that other Buddhists might share the same fate. A number 
of monks reported that they no longer were able to travel freely 
through southern communities. Monks also claimed that, out of fear of 
being targeted by militants, laypersons sometimes declined to assist 
them in their daily activities.
    On almost a daily basis, militants continued to kill government 
officials, such as teachers and railway employees, in the southern part 
of the country. Many officials presumed that the killing of Buddhist 
monks and laypersons who apparently were targeted solely because of 
their religious beliefs was intended to increase interfaith tensions. 
Interfaith tension varied greatly from district to district, and, in 
some locales, even from village to village. The violence contributed to 
an atmosphere of fear and suspicion in the southern provinces; however, 
it did not result in open communal conflict.
    The Government stationed troops to protect religious practitioners 
and structures in communities where the potential for violence existed 
and provided armed escort for Buddhist monks where necessary. The 
Government also offered compensation to the families of 106 Islamic 
militants killed while attacking security forces on April 28 and 
allocated funds for the restoration of the Krue Se Mosque, which 
soldiers damaged during the fighting (see Section 1.a.).
    Government officials reportedly continued to monitor Falun Gong 
members, although with decreased vigilance. The Falun Gong group in the 
country submitted an application to register as an association with the 
National Cultural Commission and an application with the police to 
print and distribute a weekly magazine. At the end of the year, both 
requests were pending consideration by authorities, but the group was 
able to print and distribute religious materials both in Thai and 
Chinese on a small, informal basis for free distribution.
    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 citizens to change their residence or workplace, and the authorities 
generally respected this right in practice; however, there were some 
exceptions. Longstanding written restrictions remained in effect on the 
travel and domicile of certain Vietnamese resident aliens who 
immigrated to the country in 1945 and 1946 and on Chinese who 
immigrated between 1953 and 1961. In addition, other longtime 
noncitizen residents, including hundreds of thousands of ethnic Shan 
and tens of thousands of other members of tribes, were required to seek 
permission from local authorities or the army for foreign and domestic 
travel. Registered resident aliens moved freely within the country.
    There were periodic unconfirmed reports that the Government 
continued to monitor the movements of Tibetan and democracy activists, 
as well as members of the Falun Gong.
    The Government limited the economic sectors and provinces in which 
migrant workers may hold jobs. The Government offered legal 
registration for illegal migrant workers. Approximately 1.2 million 
migrants registered (see Section 6.e.).
    The Government did not extend displaced person status to the many 
members of the Shan ethnic minority who crossed the border fleeing the 
effects of forced relocation, other human rights violations, and 
sporadic fighting in Shan State, Burma. However, in May 2002, the 
Government granted temporary shelter to approximately 450 Shan who fled 
fighting in Burma across the border from Chiang Mai Province. In 2002, 
the Government announced plans to repatriate the group. The Government 
later delayed the repatriation following an appeal by NGOs. No effort 
was made by the Government to repatriate the group, and local civilian 
and military authorities said they would be allowed to stay as long as 
their home districts in Burma were unsafe to return to. At year's end, 
the group, numbering 650 persons, remained in the country; some were 
staying at temporary shelters provided by the Government, while others 
were residing with relatives in the country.
    The Constitution prohibits forced exile, and the Government did not 
practice it.
    The law does not provide for granting 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 cooperated with 
the U.N. High Commissioner for Refugees (UNHCR) and other humanitarian 
organizations in assisting refugees. During the year, the Government 
continued to provide temporary protection to Lao asylum seekers and 
many Burmese. The Government continued to allow the UNHCR to monitor 
and provide protection to more than 140,000 Burmese refugees designated 
by the Government and the UNHCR as ``persons of concern'' living in 9 
camps along the frontier with Burma. However, the Government prohibited 
the UNHCR from maintaining a permanent presence in the border camps and 
officially registering new refugees.
    In July, the Government deported 16 Lao nationals convicted of 
illegal immigration and weapons violations. The UNHCR was denied access 
to these persons to assess claims made through their attorney for 
political asylum.
    Along the border with Burma, the Government generally provided 
temporary protection to new arrivals. In 1999, provincial refugee 
screening committees were established to determine eligibility to enter 
the refugee border camps. Entrance was limited to those fleeing actual 
fighting rather than on broader grounds of persecution on the basis of 
race, religion, ethnic group, social class, or political opinion. Since 
2002, Ministry of Interior (MOI) officials in the border provinces have 
opted not to convene refugee screening committees. The UNHCR and the 
MOI continued discussions on reconstituting these boards. The 
unregistered population in the refugee camps continued to increase. In 
late November, the UNHCR began updating its earlier camp census using a 
computerized registration that included photographs, fingerprints, and 
family histories of all those living in the nine camps. This process 
was expected to be completed by mid-2005.
    The Government allowed NGOs to provide food, medical services, 
housing, and other services to Burmese refugees near the border. 
However, the Government did not allow NGOs to aid ethnic Shan refugees. 
Government officials periodically arrested Burmese outside designated 
camps as illegal aliens, including some recognized as ``persons of 
concern'' by the UNHCR. Those arrested generally were taken to the 
border and released without being turned over to Burmese authorities.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The Constitution provides for the right of citizens to choose or 
change their government peacefully through free and fair elections 
based on universal suffrage. The country is a democratically governed 
constitutional monarchy.
    Since 1992, there have been five national multiparty elections, 
which transferred power to successive governments through peaceful, 
democratic processes. The King exerts strong informal influence but 
never has used his constitutionally mandated power to veto legislation 
or dissolve the elected bicameral Parliament. Voting is compulsory. 
Eligible voters who fail to exercise their franchise, except for those 
excused, are subject to the loss of certain rights, including the right 
to be a candidate in future elections. The Constitution prohibits 
Buddhist monks and nuns from seeking public office. The most recent 
parliamentary elections were held in January 2001. The election process 
generally was viewed as free and fair; however, it was marred by 
widespread vote buying, a recurrent problem. Exercising its 
constitutional mandate to prevent election fraud, the Election 
Commission dismissed polling results and held a total of 5 rounds of 
re-votes in 72 constituencies due to ``election irregularities.'' 
During the campaign before the 2001 vote, there were 25 killings of 
political canvassers, at least some of which were motivated politically 
(see Section 1.a.). In February 2001, the coalition Government of Prime 
Minister Thaksin Shinawatra's Thai Rak Thai Party was formed. The next 
general election was scheduled to be held February 6, 2005.
    Corruption in the executive branch was widely acknowledged by the 
public. The acceptance of bribes by police and local government 
authorities for routine services was common. The NCCC reported that, 
through June, it had more than 6,000 pending investigations of 
corruption of government officials; of these, 1,122 had been reported 
during the year. In November, former Public Health Minister Rakkiat 
Sukthana began serving a 15-year prison sentence for corruption. Two 
other high-profile cases involved a former Member of Parliament (M.P.) 
and a provincial vice governor. The Constitutional Court barred the 
former M.P. from any political activity for 5 years. The vice governor 
was relieved of his duties, and the Anti-Money Laundering Office 
confiscated some of his assets. In August, the Prime Minister announced 
a ``war on corruption.'' At year's end, details of this effort had not 
been released in detail to the public.
    The Constitution and the 1997 Official Information Act both provide 
access to public information. If a government agency denies a citizen's 
request for information, a petition may be made to the Official 
Information Commission. From January to July, 124 petitions and 103 
appeals were made. Approximately 99 percent of the petitions were 
approved. Requests for public information may be denied for reasons of 
national security, law enforcement, and public safety.
    There were 40 women among the 453 remaining members of the 500-
member House of Representatives and 21 women in the 200-member Senate. 
(During the year, a total of 47 members of the House resigned to be 
able to run for reelection, which reduced the number of House members 
to 453.) There were 2 women in the 35-member Cabinet. Although half of 
civil service employees were women, only 15 percent held senior 
positions. Few ethnic minorities held positions of authority in 
national politics. Muslims from the south held significant elected 
positions, although they continued to be underrepresented in appointed 
local and provincial government positions. There were 8 Muslim and 2 
Christian Senators, and 16 Muslim and 3 Christian Members of the House 
of Representatives. Two M.P.s were hill tribesmen.
    Noncitizen members of hill tribes were barred from participating in 
the political process (see Section 5).
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    A wide variety of domestic and international human rights 
organizations generally operated without government restriction, 
investigating and publishing their findings on human rights cases. 
Government officials often were cooperative and responsive to their 
views. Several international organizations have a permanent presence in 
the country, including the ICRC and many U.N. agencies. However, NGOs 
that dealt with sensitive political issues, such as the Burmese 
democracy movement, faced periodic harassment.
    Very few NGOs were accorded tax-exempt status, which sometimes 
hampered the ability of domestic human rights organizations to secure 
adequate funding.
    The Government met and cooperated with visitors from the ICRC and 
the UNCHR throughout the year. In November, the UNCHR Special 
Rapporteur on Extrajudicial, Summary or Arbitrary Killings requested 
permission to visit the country following the incident in Tak Bai in 
October (see Section 1.a.). At year's end, the Government had not 
publicly announced a date for the visit.
    The NHRC was active during the year. As an independent government 
entity, it submitted an annual evaluation of the human rights situation 
to the National Assembly, proposed policies and recommendations for 
amending laws to the National Assembly, promoted measures to educate 
citizens on human rights, and investigated human rights abuses. Modest 
staffing and resources, as well as the lack of power to prosecute or to 
punish violators, hampered the NHRC's ability to carry out its mandate. 
In August, the NHRC released a draft report on the human rights 
situation covering the years 2001 to 2003. The report accused the 
Government of significant human rights violations, including 
extrajudicial killings in the 2003 ``war on drugs.'' Other allegations 
included government interference with the media and executive branch 
circumvention of the required legislative approval for government 
projects. The report accused the Government of ``regressing toward a 
culture of authoritarianism, instead of progressing to a culture of 
human rights.''
    In July, military authorities searched the quarters of 15 students 
from Prince of Songkhla University who were working as human rights 
volunteer researchers under the auspices of the NHRC. According to the 
NHRC, the students stopped working on human rights issues for the 
commission due to fear for their personal safety. In May, media reports 
indicated that some NHRC commissioners received written death threats 
following the commission's investigations of alleged human rights 
abuses in the southern region of the country.
    Both Houses of Parliament maintained subcommittees on human rights. 
The Senate subcommittee was active in investigating allegations of 
human rights abuses in the south.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The Constitution provides for equal treatment under the law without 
respect to race, sex, religion, disability, language, or social status; 
however, in practice, some discrimination existed, and government 
enforcement of equal protection statutes was uneven.

    Women.--Domestic violence against women was a significant problem 
and occurred across all social classes. Specific laws concerning 
domestic violence have not been enacted. A few domestic violence crimes 
were prosecuted under Penal Code provisions for assault or violence 
against the body of a person. Domestic violence often went unreported, 
and the police often were reluctant to pursue reports of domestic 
violence. Reliable statistics on rates of domestic violence were 
difficult to obtain. A 2003 study by the Institute for Population and 
Social Research at Mahidol University found that up to 41 percent of 
the women surveyed in Bangkok had experienced some type of physical or 
sexual violence. NGO-supported programs designed to aid victims 
included emergency hotlines, temporary shelters, counseling services, 
and a television program that intended to increase awareness of 
domestic violence, HIV/AIDS, and other issues involving women. The 
Government's ``one-stop'' crisis centers, located in state-run 
hospitals, continued to care for abused women and children but faced 
budget difficulties.
    Rape is illegal. Through July, the Police Department reported 2,966 
reported rape cases nationwide. There are no provisions for prosecuting 
spousal rape. According to academics and women's rights activists, 
rapes and domestic assaults were underreported, in part because law 
enforcement agencies were perceived to be incapable of bringing 
perpetrators to justice. Police sought to change this perception and 
encouraged women to report sexual crimes through the use of teams of 
female police officers who operated in metropolitan Bangkok police 
stations and in three other provinces. The Criminal Code specifies a 
range of penalties for rape or forcible sexual assault, depending on 
the age of the victim, degree of assault, and the physical and mental 
condition of the victim after the assault. The minimum penalty is 
imprisonment for 4 to 20 years and a fine of $200 to $1,000 (8,000 to 
40,000 baht). If firearms or explosive are used, or if it is a serial 
rape, the penalty increases to 15 to 20 years' imprisonment and a fine 
of $750 to $1,000 (30,000 to 40,000 baht). Life imprisonment or 
execution is possible for cases in which the victim is injured or 
killed. A sentence of 4 to 20 years' imprisonment and a fine ranging 
from $200 to $1,000 (8,000 to 40,000 baht) is imposed for statutory 
rape of a child under 15 years of age. If the victim is under 13, the 
jail term ranges from 7 years' to life imprisonment. The Criminal Code 
also provides that any individual convicted of the same criminal 
offense for the second time within 2 years is liable to increased 
penalties for recidivism. Police officials increasingly used these 
powers, and the Government reported 211 persons arrested (in 103 cases) 
in 2003. Eighty-six cases were referred for prosecution. There were 11 
convictions, mostly from arrest cases dating to 2002 and 2003. Victims 
of sexual abuse were eligible to receive state financial aid of up to 
$750 (30,000 baht).
    Prostitution is illegal, but it flourished. Prostitution often was 
protected by local officials with a commercial interest in it (see 
Sections 1.d. and 5, Trafficking). Trafficking in women and children 
for prostitution was a serious problem (see Section 5, Trafficking). 
Government and NGO estimates of the number of women and children 
engaged in prostitution varied widely. Many NGOs and government 
departments reported a figure of 200,000 persons, which was considered 
conservative. In 2000, the Commission on Women's Affairs estimated that 
approximately 20 percent of prostitutes were children. There were 
reports that women were forced into prostitution in border areas, but 
the number of such cases was difficult to determine. The majority of 
prostitutes were not kept under physical constraint, but a large number 
worked under debt bondage (see Section 5, Trafficking). The 
Prostitution Prevention and Suppression Act makes child prostitution 
illegal and states that customers who patronize child prostitutes are 
subject to criminal sanctions. Parents who allow a child (defined as 
under 18 years of age) to enter the trade also are subject to criminal 
sanctions. During the year, there were three arrests and no 
prosecutions of parents who allowed a child to enter the trade. NGOs 
and government agencies provided shelter, rehabilitation, and 
reintegration programs for children and women involved in the sex 
industry.
    Sex tourism was a problem (see Section 5, Trafficking).
    The Labor Protection Act makes sexual harassment illegal but covers 
only persons working in the formal private sector. NGOs claimed that 
the legal definition of harassment was vague and made the prosecution 
of harassment claims difficult. No sexual harassment cases were 
prosecuted during the year. A senior politician accused of sexually 
harassing a female journalist in 2002 withdrew his libel lawsuit 
against her newspaper after the newspaper announced that the alleged 
incident was only a ``misunderstanding.''
    The Constitution provides for the equality of all citizens; 
however, some inequalities in the law remained. For example, a man may 
sue for divorce on the grounds that his wife committed adultery, but a 
woman faces the additional legal burden of proving that her husband 
publicly has acknowledged another woman as his wife. Assets are shared 
equally at divorce. Women born in wedlock inherit property on an equal 
basis from their parents; women born out of wedlock must prove before a 
court their parental relationship to receive their inheritance.
    Women had equal access to higher education, and more than half of 
university graduates were women. However, police and military academies 
(except for the nursing academy) did not accept female students, 
although a significant number of instructors at the military academies 
were women. Women constituted 48 percent of the labor force and held an 
increasing share of professional positions. Women also were able to own 
and manage businesses freely. Government regulations require employers 
to pay equal wages and benefits for equal work, regardless of gender. 
Nonetheless, discrimination in hiring was common, and there was a 
significant gap between the average salaries earned by men and women 
because women were concentrated in lower-paying jobs. In practice, 
women also received lower pay for equal work in virtually all sectors 
of the economy. A 2001 Ministry of Labor survey revealed that, on 
average, men earned 17 percent more than women.
    The National Human Rights Commission Act specifies that at least 
one-third of the members of the NHRC be women; during the year, 5 of 
the 11 commissioners were women. The Women and Constitution Network, a 
league of 52 women's organizations, advocated legal reforms to address 
inequities in the treatment of women. It continued to play an important 
role in securing the inclusion of gender-equality clauses in 
legislation that created new government organizations mandated by the 
Constitution.

    Children.--The Constitution provides children equal protection 
under the law. Education is compulsory through grade 9 and free through 
grade 12. In general, girls and boys attended primary and secondary 
schools in equal numbers. An estimated 96 percent of children completed 
grade 6, and 48 percent completed grade 12. Young girls were prohibited 
by religious practice from enrolling in religious schools restricted to 
Buddhist monks or novices.
    Although there were 52 Juvenile Observation and Protection Centers 
nationwide, children were tried in the same courts as adults and 
detained with adults in some regions of the country.
    The Criminal Code provides for the protection of children from 
abuse, and laws on rape and abandonment carry harsher penalties if the 
victim is a child. During the year, police were reluctant to 
investigate abuse cases, and rules of evidence made prosecution of 
child abuse difficult. The law is designed to protect witnesses, 
victims, and offenders under the age of 18, and procedures allow 
children to testify on videotape in private surroundings in the 
presence of a psychologist, psychiatrist, or other social worker with a 
judge's consent. However, many judges declined to use videotaped 
testimony, citing technical problems and the inability to question 
accusers and defendants directly in court. Persons charged with 
pedophilia are charged under appropriate age of consent and 
prostitution laws. Victims' testimony is handled under the provisions 
of the Child Friendly Procedure Act.
    Trafficking in children, including for commercial sexual 
exploitation, remained a serious problem (see Section 5, Trafficking). 
Pedophilia continued, both by citizens and by foreign sex tourists. The 
Government, university researchers, and NGOs estimated that there were 
as many as 30,000 to 40,000 prostitutes under 18 years of age, not 
including foreign migrants. The Prostitution Prevention and Suppression 
Act of 1996 made child prostitution illegal and provided for criminal 
punishment for those who use prostitutes under 18. Parents who allow a 
child to enter the trade also are punishable. However, custom and 
tradition made it rare that children accused their parents in court 
proceedings. Despite press reports detailing a number of such cases, 
only three arrests occurred.
    Child labor remained a problem (see Section 6.d.).
    Although it was difficult to estimate the numbers, there were 
believed to be approximately 20,000 street children in major urban 
centers. Many were thought to come from neighboring countries, 
especially Cambodia and Burma. Bangkok authorities attempted to provide 
shelters; however, resources were inadequate, and many of the children 
reportedly avoided the shelters for fear of being detained and expelled 
from the country.
    There were many local NGOs that worked to promote children's rights 
in the country. Employers' organizations, such as the Employers' 
Confederation of Thailand, also were involved in child labor issues. 
These organizations received good working support from the Government.

    Trafficking in Persons.--The law prohibits trafficking in persons; 
however, the country was a source, transit, and destination for 
trafficking in women and children for a variety of purposes, including 
indentured servitude, forced labor, and prostitution. Some local 
officials, immigration officers, and police reportedly either were 
involved in trafficking directly or took bribes to ignore it. Penalties 
vary according to the age of the victim and the method of trafficking. 
In general, the law provides for imprisonment of a year to life 
imprisonment and a fine of $50 to $1,000 (2,000 to 40,000 baht). For 
offenses against children between 15 and 18 years of age, the potential 
punishment is 3 to 15 years of imprisonment and a fine of $150 to 
$1,000 (6,000 to 40,000 baht). For offenses against children under 15 
years of age, the penalty ranges from 5 to 20 years' imprisonment and a 
fine of $250 to $1,000 (10,000 to 40,000 baht). If the offence is 
committed with deceit, threat, physical assault, immoral influence, or 
other mental coercion, the sentences and fines may be increased by one-
third.
    In January, the Parliament amended the Anti-Money Laundering Act to 
include the 1997 Measures in Prevention and Suppression of Trafficking 
in Women and Children Act as a predicate offense. During the year, 
officials acted to seize assets of suspected traffickers in six cases.
    In general, the Government cooperated with governments of other 
countries in the investigation of transnational crimes, including 
trafficking. The receiving country generally initiated trafficking case 
investigations in instances where Thailand was the origin country. The 
Government intensified efforts to investigate rings associated with 
smuggling female citizens abroad. The law allows for extradition of its 
nationals; however, no citizens were extradited for trafficking-related 
offenses. Several requesting-country nationals charged with 
trafficking-related crimes, including pedophilia, were extradited to 
Japan, Australia, and Germany.
    There were no reliable estimates of the magnitude of the 
trafficking phenomenon in the country. Some portion (thought by the 
U.N., NGOs, and the Government to be a minority) of the estimated 
200,000 to 300,000 sex industry workers in the country were either 
underage or in involuntary servitude or debt bondage. These 
organizations believed women and children (particularly girls) tended 
to be the most frequent trafficking victims. Although it drew less 
attention, anecdotal evidence suggested that the trafficking of men, 
women, and children into other labor fields, such as commercial 
fisheries or sweatshop work, was a significant portion of all 
trafficking. Several discoveries were made of groups of young migrant 
women and girls, particularly from Laos, employed in indentured 
servitude and in physical constraint in sweatshops. NGOs assisted some 
victims to obtain back wages from abusive employers.
    Within the country, women were trafficked from the impoverished 
northeast and the north to Bangkok for sexual exploitation. However, 
internal trafficking of women appeared to be on the decline, due to 
prevention programs and better economic opportunities. Women also were 
trafficked to Japan, Malaysia, Bahrain, Australia, South Africa, 
Europe, and the United States, chiefly for sexual exploitation but also 
for sweatshop labor. Men were trafficked into the country for 
commercial fisheries and farm, industrial, and construction labor. 
Prosecution of traffickers of men was complicated by the lack of 
coverage contained in the 1997 Trafficking in Women and Children Act.
    Women and men were trafficked from Burma, Cambodia, the People's 
Republic of China (PRC), and Laos for labor and sexual exploitation. 
Boys and girls were trafficked chiefly from Burma and Cambodia 
primarily for sexual exploitation and to work in begging gangs. Young 
children, either orphans or those sold by their families, were among 
them. Entire families occasionally were trafficked for labor in 
sweatshops. Underage boys reportedly were brought into the country for 
specialized work in which small size was an advantage. According to 
domestic NGOs, girls between the ages of 12 and 18 continued to be 
trafficked from Burma, southern PRC, and Laos to work in the commercial 
sex industry. Social workers noted that young girls were prized because 
their clients believed that they were free of sexually transmitted 
diseases. Persons trafficked from the PRC often were in transit to 
other countries, although women and girls from Yunnan Province 
generally were destined for brothels in the north. Generally victims 
from Yunnan Province were lured into the country with promises of 
restaurant or household work and then were pressured or physically 
forced into prostitution.
    The U.N. Economic and Social Council and NGOs believed that the 
lack of citizenship status for some hill tribe women and children was a 
strong risk factor for becoming victims of trafficking. Although 
members of this group were not a large percentage of trafficking 
victims, they were found in disproportionately large numbers in 
situations entailing the worst forms of trafficking.
    Trafficking within the country and from neighboring countries into 
the country tended to be perpetrated by loosely organized small groups 
that often had close ties in the source communities. Burmese, Laotian, 
Cambodian, and Thai individuals were involved in labor trafficking 
along the border. Informal chains of acquaintance often were used to 
recruit trafficking victims. In some cases, the traffickers themselves 
were former victims, particularly where the sex industry was the 
destination. There were credible reports that low-ranking police and 
immigration officials transported women destined for brothels from the 
border to Bangkok and other areas of the country.
    The trafficking of Thai prostitutes abroad, and that of Chinese 
nationals using the country as a transit point, was done by 
sophisticated and well-financed international criminal syndicates that 
sometimes cooperated with each other and at other times competed 
violently. Low- and mid-ranking immigration police officers at 
Bangkok's international airport also were implicated in facilitating 
the travel of Thai sex workers and Chinese nationals using false 
passports and other documentation.
    Police personnel were poorly paid and were accustomed to taking 
bribes to supplement their income.
    The majority of prostitutes were not kept under physical 
constraint, but a large number worked in debt bondage. Brothel 
procurers reportedly advanced parents a substantial sum against their 
child's future earnings, frequently without the consent of the child 
involved, who was then obligated to work in a brothel to repay the 
loan.
    Many female citizens were trafficked to Japan for sexual 
exploitation. Traffickers promised victims lucrative legitimate 
employment or made false promises regarding wages, working conditions, 
or the nature of the work. According to Human Rights Watch, upon the 
victims' arrival in Japan, the traffickers confiscated their passports, 
demanded repayment for their ``purchase,'' charged the victims for 
living expenses and care, and fined them for misbehavior. Traffickers 
often restricted the women's movements, threatened them and their 
families, isolated them, and used violence to punish them for 
disobedience.
    Because foreign women frequently were unable to speak the language 
and were considered illegal immigrants, they were particularly 
vulnerable to physical abuse and exploitation. Some women were lured 
into the country with promises of jobs as waitresses or domestic 
helpers but ended up working as prostitutes. Illegal immigrants had no 
rights to legal counsel or health care if arrested. The amnesty 
provisions available under UNHCR auspices did not apply to such women. 
In May, a series of memorandums of understanding (MOUs) between 
government agencies and between the Government and domestic NGOs 
provided some detailed police procedures to assist with the problem of 
trafficked persons being detained by the authorities. The agreements 
stated that the training of police officers would include instructions 
to treat such persons as victims of human trafficking rather than as 
illegal immigrant workers. Instead of being deported, they become the 
responsibility of the Public Welfare Department. However, 
implementation of the MOUs continued to be erratic during the year, due 
to insufficient training of law enforcement officials and their 
unfamiliarity with the law.
    Official corruption facilitating the worst forms of trafficking in 
persons was generally at the low- and mid-levels. There was no evidence 
that high-level officials benefited from or protected the practice. 
Compromised local police protected brothels and other sex venues from 
surprise raids. Corrupt immigration officials assisted (both indirectly 
and directly) the movement of Burmese, Lao, and Chinese women and girls 
into the country, and of Chinese victims out of the country to the 
United States and other destinations. Officials found complicit in any 
part of the illegal economy rarely were prosecuted but instead were 
moved to positions thought to limit opportunities for future 
corruption.
    Several NGOs, both local and international, and government agencies 
worked with trafficking victims. However, the Government faced severe 
budgetary limitations on its ability to fight trafficking and to aid 
its victims.
    In general, victims pending repatriation were brought to 
government-run shelters or, in the case of noncitizens, to NGO-run 
shelters. The repatriation process took up to 6 months. Through 
September, the main government shelter in Bangkok received 
approximately 385 women and children from neighboring countries and 287 
Thai citizens, including women found in voluntary prostitution and 
domestic abuse cases. There were no reliable statistics on how many of 
these persons were victims of trafficking. The Government provided 
food, medical care, and limited psychological counseling.
    Trafficking victims received limited legal assistance from NGOs and 
Department of Welfare officials, and they generally were informed of 
the option of pursuing legal action against the trafficking 
perpetrators. However, relatively few opted to do so; language 
barriers, illiteracy, distrust of government officials, the lengthy 
legal processes, and fear of the traffickers played a role. Trafficking 
victims illegally in the country were not allowed to obtain employment 
while awaiting repatriation, even if they were involved in legal 
proceedings against the trafficker.
    In February, police began an information campaign in Bangkok and 
Pattaya to increase public awareness of trafficking. More than 50,000 
posters detailing the various forms of the crime were placed at public 
transportation venues, along heavily traveled roads, and in residential 
neighborhoods. Pamphlets were distributed at police stations and 
neighborhood police boxes. A hotline number for reporting suspected 
cases was included in the campaign.
    The Government entered into cooperative arrangements with local 
industries, especially the hotel industry, to encourage youth 
(particularly girls) to find employment outside of the sex industry and 
other areas of exploitative work. Vocational training programs aimed at 
high school students also received funding. Although the vocational 
training was not intended explicitly for trafficking prevention, the 
practical effect was to increase the range of choices for recent school 
graduates.

    Persons With Disabilities.--The Constitution provides for access to 
public facilities and prohibits employment and education discrimination 
against persons with disabilities; however, the Government did not 
enforce these laws effectively.
    The Constitution mandates access to public buildings for persons 
with disabilities, but laws implementing the provisions have not been 
enacted. The regulation that makes compliance mandatory was not 
enforced during the year. Persons with disabilities who register with 
the Government are entitled to free medical examinations, wheelchairs, 
and crutches.
    Activists continued to work to amend laws that allow employment 
discrimination against persons with disabilities.
    The Government provided 5-year interest-free small business loans 
for persons with disabilities. At year's end, 4,820 persons with 
disabilities had been granted loans totaling $2.4 million (96 million 
baht).
    During the year, an estimated 225,000 children with disabilities 
attended school. The Government reported that 12,550 students were 
enrolled in the 43 special schools for students with disabilities; the 
remaining were enrolled in regular public schools. Nationwide, there 
were 9 government-operated and 15 NGO-operated training centers for 
persons with disabilities. However, with little education, very few 
adults with disabilities were able to find employment. Many of those 
who found employment were subjected to wage discrimination. A 1991 law 
requires private firms to hire 1 person with a disability for every 200 
other workers or contribute to a fund that benefits persons with 
disabilities, but this provision has never been enforced. Government 
officials estimated that between 20 and 30 percent of firms disregarded 
the law. Some state enterprises had discriminatory hiring policies.

    National/Racial/Ethnic Minorities.--Chinese Nationalist remnants 
and children of Vietnamese immigrants who resided in five northeastern 
provinces lived under laws and regulations that could restrict their 
movement, residence, education, and occupation (see Section 2.d.).

    Indigenous People.--Members of hill tribes without proper 
documentation, who accounted for approximately half of the estimated 1 
million members of hill tribes, continued to face restrictions on their 
movement, could not own land, and were not protected by labor laws, 
including minimum wage requirements. The law provides that citizenship 
is not automatically granted to children born to persons living 
illegally or without status in the country. Lack of citizenship could 
make hill tribe persons vulnerable to other abuses and exploitation, 
such as trafficking (see Section 5, Trafficking). They sometimes were 
denied adequate education and health care. Those residing in national 
parks or wildlife sanctuaries were subject to eviction. As noncitizen 
residents, they also were barred from participating in the political 
process (see Section 3).
    In 2000, the Ministry of Interior, through two Cabinet resolutions, 
redefined the category of hill tribe residents eligible for citizenship 
to include previously undocumented tribal persons, now collectively 
called ``highlanders.'' The definition includes persons who formerly 
were defined either as indigenous or migrants. The regulations are 
designed to ease the requirements to establish citizenship by allowing 
a wider range of evidence, including testimony from references, and 
empowering local officials to decide cases. Approximately one-half of 
the potentially eligible candidates have received citizenship since the 
regulations were enacted. Activists reported that widespread corruption 
and inefficiency at all levels, including among highland village 
headmen and government officials, contributed to a backlog of pending 
citizenship applications, which remained an obstacle for many hill 
tribe persons to obtain full citizenship.
    On July 23, 41 persons were arrested for illegally trespassing on 
national forest land. Those arrested were members of the Palaung hill 
tribe minority group and did not have citizenship; at year's end, they 
remained in prison in Chiang Mai.
    A total of 105 of the 1,243 persons in Chiang Mai Province whose 
citizenship had been revoked regained citizenship through genetic 
testing. They had lost their citizenship in 2002 when Government 
officials claimed that irregularities in the issuance of their 
identification documents invalidated their claim to citizenship. The 
remainder of the persons won a ruling in Chiang Mai Administrative 
Court that restored their citizenship, but the Government appealed the 
ruling in the Supreme Administrative Court. Individual appeals with the 
Ministry of Interior on a case-by-case basis continued at year's end.
    Hill tribe members continued to be objects of societal 
discrimination arising from the belief that they were involved in drug 
trafficking and environmental degradation. Hill tribes occasionally 
were subjected to indiscriminate searches of villages for illegal drugs 
(see Section 1.f.). In Chiang Rai, provincial authorities required all 
drug addicts to register with village committees and to join the 
program. Those who registered were granted immunity from prosecution. 
The program was aimed at separating drug addicts from drug traffickers.

    Other Societal Abuses and Discrimination.--The spread of HIV/AIDS 
was estimated to have infected approximately 1.8 percent of the 
population. During the year, the Government took measures to improve 
its support of persons with HIV/AIDS. For example, the Government 
provided funds to HIV/AIDS support groups, continued public debate at 
the highest levels of political leadership, sustained public education 
and media campaigns to alter unsafe behavior, started effective pilot 
projects to help lead policy, and included all segments of society in 
the fight against the transmission of the disease. Societal 
discrimination against persons with AIDS most often was found in the 
form of a psychological stigma associated with rejection by family, 
friends, and community. There were reports of persons dying due to 
psychological withdrawal after being abandoned by their family. Reports 
of workplace discrimination were received by local AIDS hotlines, 
confirming that some employers refused to hire persons who tested 
positive following employer-mandated blood screening.
Section 6. Worker Rights
    a. The Right of Association.--The law allows all private sector 
workers to form and join trade unions of their choosing without prior 
authorization; however, the law provides inadequate protection of 
workers who participate in union activities. Union leaders and academic 
observers reported that employers often discriminated against workers 
seeking to organize unions. During the year, employers used loopholes 
in the Labor Relations Act to fire union leaders prior to government 
certification of unions. Trade union leaders can be dismissed for any 
reason, provided severance payment is made. In such circumstances, the 
law does not provide for reinstatement. In cases where the labor court 
finds that dismissal was for union activity and was illegal, 
reinstatement is provided for, but there are no punitive sanctions for 
employers.
    Union officials must be full-time employees of the enterprise. This 
prohibition against permanent union staff limited the ability of unions 
to organize and be politically active. The Labor Relations Act also 
allows only two outside government-licensed advisors to a union. Union 
leaders and outside observers complained this restriction interfered 
with the ability to train union members and develop expertise in 
collective bargaining.
    Less than 4 percent of the total work force but nearly 11 percent 
of industrial workers and over 50 percent of state enterprise workers 
were unionized. Cultural traditions, unfamiliarity with the concept of 
industrial relations, efforts by the Government to diminish union 
cohesiveness, and the sizeable agricultural and informal sectors (where 
unions are not permitted) were cited as reasons for low rates of labor 
organization.
    State enterprise employees can join organizations of workers in the 
private sector, but only at the level of confederations. This 
restriction effectively divided the trade union movement along public 
and private sector lines. However, unofficial contacts at the union 
level between public and private sector workers continued, and the 
Government did not interfere with these relationships.
    Some corrupt private sector union leaders were exploited by 
politicians or employers, but public unions generally operated 
independently of the Government and other organizations. Internal 
conflicts, corruption, and a lack of leadership weakened the labor 
movement.

    b. The Right to Organize and Bargain Collectively.--The law 
provides for the right of citizen private-sector workers to organize 
and bargain collectively; however, the Government's efforts to protect 
this right were weak. The Labor Relations Act defines the mechanisms 
for collective bargaining and for government-assisted conciliation and 
arbitration in cases under dispute. In practice, genuine collective 
bargaining occurred only in a small fraction of workplaces, and, in 
most instances, it continued to be characterized by a lack of 
sophistication on the part of worker groups and autocratic attitudes on 
the part of employers. Wage increases for most workers came as a result 
of increases in the minimum wage rather than as a result of collective 
bargaining. The process of setting minimum wages locally through 
provincial tripartite committees may further limit union influence; 
many of these provincial committees excluded labor representatives and 
placed factory managers on the wage committees to represent worker 
interests. The minimum wage increase in the year did not keep pace with 
inflation. The Government sets wages for both civil servants and state 
enterprise employees under the State Enterprise Labor Relations Act 
(SELRA) (see Section 6.e.).
    The Government has the authority to restrict private sector strikes 
that would affect national security or cause severe negative 
repercussions for the population at large; however, it seldom invoked 
this provision and did not do so during the year. Labor law also 
forbids strikes in ``essential services,'' which is defined much more 
broadly than in the International Labor Organization (ILO) criteria, 
and includes sectors such as telecommunications, electricity, water 
supply, and public transportation as essential services. The law also 
prohibits termination of employment of legal strikers; however, some 
employers used unfavorable work assignments and reductions in work 
hours and bonuses to punish strikers. Employers are legally permitted 
to hire workers to replace strikers. SELRA provides public sector 
employees in state enterprises the same rights to organize as exist in 
the private sector. SELRA prohibits lockouts by employers and strikes 
by state enterprise workers. Ongoing antiprivatization protests by 
state enterprise employees of the Electrical Generating Authority of 
Thailand were undermined by management threats of demotions and 
undesirable work assignments against some workers who assembled outside 
of work hours. Strike action in the private sector was constrained by 
the legal requirement to call a general meeting of trade union members 
and to have a strike approved by 50 percent of unionists. During the 
year, there was 1 legal strike involving 1,700 workers, and there were 
4 lockouts involving 1,876 workers.
    The law prohibits antiunion actions by employers; however, it also 
requires that union committee members be full-time employees of the 
company, which makes them vulnerable to employers seeking to discipline 
workers who serve as union officials or who attempt to form unions.
    A system of labor courts exercises judicial review over most 
aspects of labor law for the private sector. Workers also may seek 
redress for grievances through the Tripartite Labor Relations 
Committee. The law authorizes the Ministry of Labor to refer any 
private sector labor dispute for compulsory arbitration by a 
government-appointed group other than the Labor Relations Committee. 
Although the legal authority seldom was used, the ILO viewed this 
provision as acceptable only in defined essential services. Redress of 
grievances for state enterprise workers is handled by the State 
Enterprise Relations Committee. Labor leaders generally were satisfied 
with the treatment that their concerns received in these forums, 
although they complained that union leaders unjustly dismissed were 
awarded only back wages with no punitive sanctions against the 
employer. This limited any disincentive for employers to fire union 
organizers and activists.
    There are no special laws or exemptions from regular labor laws in 
export processing zones (EPZs), in which wages and working conditions 
often were better than national norms because of the preponderance of 
foreign-based multinational firms. However, union leaders alleged that 
employers' associations were organized to cooperate in discouraging 
union organization. Unions existed in the automobile and petroleum 
production facilities located in EPZs.
    Noncitizen migrant workers, whether registered or illegally 
present, did not have the right to form unions or serve as union 
officials; however, registered migrants may be members of unions 
organized and led by citizens. From July through September, the 
Ministry of Labor offered a registration program for foreign workers 
residing illegally in the country, most of whom were from Burma. Few, 
if any, of the 1.2 million migrants who registered joined unions.
    Attempts by registered migrant factory workers in factories to 
carry out work stoppages to demand minimum and back wages led to mass 
deportations, resulting from apparent collusion between factory owners 
and local government immigration officials.

    c. Prohibition of Forced or Compulsory Labor.--The Constitution 
prohibits forced or compulsory labor, including by children, except in 
the case of national emergency, war, or martial law; however, the 
Government was unable to enforce these provisions effectively in the 
large informal sector. During the year, there were reports of 
sweatshops in which employers prevented workers, primarily foreign 
migrants, from leaving the premises. There were no estimates of the 
number of such sweatshops, but the growing number of migrants from 
Burma, Cambodia, and Laos increased the opportunities for such abuse. 
NGOs and the ILO reported that thousands of underage boys and girls 
were brought into the country for labor on farms or in sweatshops, and 
very young children were used to work in street begging gangs.
    Forced and bonded labor by children occurred (see Section 6.d.).

    d. Prohibition of Child Labor and Minimum Age for Employment.--In 
general, sufficient legal protections exist for children in the formal 
economic sector. The Labor Protection Act is the primary law regulating 
employment of children under the age of 18. Employment of children 
under 15 is prohibited in compliance with ILO Convention 138, which the 
Government ratified in May. However, the law does not cover the 
agricultural and informal sectors, including domestic work, which 
employ the majority of persons in the workforce, including many child 
workers. The minimum working age is coordinated with the mandatory 
national educational requirement. To comply with ILO convention 182, 
the Government drafted a national strategy to eliminate the worst forms 
of child labor. At year's end, approval by the Cabinet was pending the 
appointment of a national-level subcommittee to implement the strategy. 
However, child labor remained a problem, particularly in small-scale 
industry and agricultural sectors. Contradictory statistical surveys by 
various government agencies, which largely ignored foreign children and 
those in illegal industries, made an estimate of the scope of the 
phenomenon difficult.
    The law permits the employment of children between the ages of 15 
and 18 only in ``light work,'' where the lifting of heavy loads and 
exposure to toxic materials or dangerous equipment or situations is 
limited. The law prohibits employment of children at night (from 10 
p.m. to 6 a.m.), or in places in which alcohol is served. It was 
estimated that approximately 1 million children worked on family farms. 
NGOs reported that 2 to 4 percent of children between the ages of 6 and 
14 worked illegally in urban areas; such children were at risk of 
becoming victims of other abuses of labor laws. Most underage workers 
in urban areas worked in the service sector, primarily in gasoline 
stations, small-scale industry, and restaurants. Child labor was not 
evident in larger export-oriented factories. However, there was no 
comprehensive survey of child labor in smaller enterprises, since NGOs 
did not have access to shop house factories. A 2002 survey by the 
National Statistics Office reported 10,728 children were employed in 
domestic work. NGOs reported child domestic workers were predominantly 
foreign, migrating from Burma, Cambodia, and Laos. Most were in the 
country illegally, increasing their vulnerability to exploitation. 
Minimum wage and age provisions of the Labor Protection Act do not 
apply to domestic workers, some of whom were believed to be under 15 
years of age.
    The worst forms of child labor occurred in the country. Children 
(usually foreign) were exploited in street selling, begging, and 
prostitution in urban areas, sometimes in a system of debt bondage. 
Some were sold or otherwise trafficked by parents or other relatives 
(see Section 5). An ILO study noted that drug merchants in Bangkok used 
male children as delivery boys. Narcotics sellers preferred boys 
because they were undemanding and were not charged as adults if 
arrested. Instead, they were remanded to police-run correctional homes.
    The Ministry of Labor is the primary agency charged with enforcing 
child labor laws and policies. During the year, there were 2,354 labor 
inspection officers, including labor ministry officials and policemen 
who registered as labor inspection officers. Enforcement of child labor 
laws was not rigorous, and inspectors usually responded only to 
specific public complaints, reports of absences by teachers, or reports 
in newspapers. Their inclination when dealing with violators was to 
negotiate promises of better future behavior rather than seek 
prosecution and punishment. Inspection of private homes to monitor the 
welfare of child domestic workers was hampered by the legal requirement 
to obtain a warrant. In 2003, 1,869 child labor inspections and 
investigations were performed; 64 resulted in fines or other penalties.
    The Government funded 200,000 scholarships for poor citizen and 
stateless children (children of ethnic minorities born in the country). 
The intent of the scholarship program was to provide educational 
opportunities for children who otherwise might be forced by poverty to 
find work. In July, the Government registered 79,200 migrant children 
15 years of age and younger, the first time minors had been given 
temporary residence permits under migrant labor policy. Government 
officials stated the new measure would permit foreign children access 
to the public school system. NGOs reported that this new provision was 
implemented only if the employer of the migrant parent provided 
evidence regarding the parent's status to school authorities. In most 
cases, the employer did not do so.

    e. Acceptable Conditions of Work.--The minimum wage ranged from 
$3.33 to $4.23 (133 baht to 169 baht) per day, depending on the cost of 
living in various provinces. The minimum wage was set by provincial 
committees that sometimes included only employer representatives. This 
wage was not adequate to provide a decent standard of living for a 
worker and family. With extended family members' financial 
contributions, the minimum wage provided the basis for a marginally 
adequate overall standard of living. The official poverty rate was 78 
cents (31 baht) per day, which permitted survival only in areas where 
subsistence agriculture was possible. The Ministry of Labor is 
responsible for ensuring that employers adhere to minimum wage 
requirements (applicable to the formal sector); however, nationwide, 
academics estimated one-third of formal sector workers received less 
than the minimum wage, especially those in rural provinces. Despite 
encouragement of employees to report violations to labor inspectors, 
the enforcement of minimum wage laws was mixed. Many labor laws, 
including the minimum wage law, do not apply to undocumented workers, 
primarily hill tribe members and illegal aliens. An estimated 1 to 2 
million unskilled and semiskilled migrant workers worked for wages that 
were approximately one-half the minimum wage.
    The Government mandated a uniform workweek of 48 hours, with a 
limit on overtime of 35 hours per week. Employees engaged in 
``dangerous'' work, such as in the chemical, mining, or other 
industries involving heavy machinery, legally may work a maximum of 35 
hours per week and are not permitted overtime. The petrochemical 
industry is excluded from these regulations.
    Working conditions varied widely. The official rate of injury from 
industrial accidents remained relatively constant over the last 10 
years at 4.5 percent of the total work force. The Ministry of Labor 
stated that the average annual rate of work-related deaths was 15 per 
100,000 workers. However, these rates applied only to industrial sector 
workers; the rate of incidents occurring in the larger informal and 
agricultural sectors, and among migrant workers, was thought to be 
higher. Occupational diseases rarely were diagnosed or compensated, and 
few doctors or clinics specialized in them. Stress-related disorders 
and complications resulting from botched abortions were reported by 
medical workers treating the 50,000 young migrant women employed in 
textile factories along the Burma border. In medium-sized and large 
factories, government health and safety standards often were applied, 
but enforcement of safety standards was lax. In the large informal 
sector, health and safety protections were substandard.
    Provisions of the Labor Protection Act include expanded protection 
for pregnant workers by prohibiting them from working on night shifts, 
overtime, holidays, or working with dangerous machinery or on boats. 
Employers of migrant women often fired workers who became pregnant.
    The Ministry of Labor promulgates health and safety regulations 
regarding conditions of work; however, the inspection department 
enforced these standards ineffectively, due to a lack of human and 
financial resources. There is no law affording job protection to 
employees who remove themselves from dangerous work situations.
    Redress for workers injured in industrial accidents was rarely 
timely or sufficient. Few court decisions were handed down against 
management or owners involved in workplace disasters.

                               __________

                                 TONGA

    The Kingdom of Tonga is a constitutional monarchy stretching over 
170 islands in the southern Pacific Ocean. Political life is dominated 
by the King, the nobility, and a few prominent commoners. The 
unicameral legislative assembly consists of the Cabinet; 9 nobles 
elected by the 33 hereditary peers; and 9 representatives elected by 
the general population in periodic free and fair elections. The 
Constitution requires that parliamentary elections be held every 3 
years. The most recent election was held in 2002; the next 
parliamentary election is scheduled for March 2005. The judiciary 
generally is independent; however, there were allegations that it 
occasionally was subject to royal influence.
    The security apparatus consists of the Tonga Defense Services (TDS) 
and a police force. The civilian authorities maintained effective 
control of the security forces. The Minister of Defense controls the 
430-man TDS force; the Minister of Police and Prisons directs the 
police force. There were no reports that members of the police 
committed human rights abuses.
    The country had a population of approximately 100,100 and a per 
capita gross domestic product of approximately $1,660. The economy was 
based primarily on the cultivation of tropical and semitropical crops. 
The rate of economic growth was approximately 2.8 percent. Wages and 
benefits largely kept pace with inflation. The demand for imported 
goods and products led to a substantial trade deficit, which was offset 
largely by remittances from overseas citizens, foreign aid, and, to a 
lesser degree, tourism.
    The Government's human rights record remained poor. Citizens do not 
have the right to change their government. At times, the authorities 
infringed on freedom of speech and press by confiscating newspapers. On 
October 8, a Tongan court determined that such actions were 
unconstitutional and ordered restrictions removed; the Government 
promptly took steps to comply. In addition, during the year, a 
defamation suit brought by a government minister in 2003 against a 
newspaper over a story alleging perjury was dismissed. Some women 
suffered from domestic violence; women also faced discrimination as 
well as limited employment and economic opportunities. In practice, the 
right to form labor unions was restricted by the lack of implementing 
regulations.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Arbitrary or Unlawful Deprivation of Life.--There were no 
reports of the arbitrary or unlawful deprivation of life committed by 
the Government or its agents.

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

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The Constitution prohibits such practices; however, on 
June 18, two prison escapees claimed they were tortured for prison 
infractions. One maintained he was stripped to his underwear, chained 
to a concrete deck, and exposed to the elements for 2 days. The other 
alleged he was also stripped and then chained by his wrists to outdoor 
cell bars above his head in ``a mosquito infested area'' for 2 days. 
The Government did not challenge the claims, and no action against 
officials responsible was reported.
    Prison conditions were Spartan but reflected local living 
standards. There were separate facilities for pretrial detainees and 
convicted prisoners, men and women, and adults and juveniles. Church 
representatives and family members were permitted to visit prisoners. 
No nongovernmental organizations (NGOs) attempted to monitor prison 
conditions, and the permissibility of such visits did not arise.

    d. Arbitrary Arrest or Detention.--The Constitution prohibits 
arbitrary arrest and detention, and the Government generally observed 
these prohibitions. The Constitution provides for the right to judicial 
determination of the legality of arrest, and this was observed in 
practice. There are no statutory limits on the length of time a suspect 
may be held prior to being charged. There were no reports of preventive 
detention or other lengthy pretrial detention. The law permits 
unlimited access by counsel and family members to detained persons; 
however, there reportedly were instances in which detainees were denied 
legal counsel.
    The police force is composed of approximately 400 officers under 
the control of the Minister of Police and Prisons. Incidents of bribe-
taking and other forms of corruption reportedly occurred.

    e. Denial of Fair Public Trial.--The Constitution provides for an 
independent judiciary, and the Government generally respected this 
provision in practice. The judiciary generally provided citizens with a 
fair and efficient judicial process. The judiciary, whose highest-
ranking judges historically have been foreign nationals, was generally 
independent; however, on occasion it was subject to royal influence. 
Judges hold office ``during good behavior'' and otherwise cannot be 
dismissed during their terms.
    The court system consists of the Supreme Court (which has original 
jurisdiction over all major cases), the Police Magistrates' Court, a 
general court, a court-martial for the TDS, a court tribunal for the 
police force, and a court of review for the Inland Revenue Department. 
The Court of Appeal is the highest court. The King's Privy Council 
presides over cases relating to disputes over titles of nobility and 
estate boundaries. According to the Constitution, the King, with the 
consent of the Privy Council, has the right to commute death sentences 
in cases of murder or treason, the only crimes for which capital 
punishment can be imposed. Under the same statutes, the King may also 
commute sentences and free prisoners.
    The Constitution provides for the right to a fair trial, and an 
independent judiciary generally enforced this right. A court may not 
summon anyone without providing a written indictment stating the 
charges. Defendants are presumed innocent, are entitled to counsel, 
have a right of appeal, and are entitled to bail; lawyers have free 
access to defendants.
    There were no reports of political prisoners.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The law prohibits such actions, and the Government 
generally respected these prohibitions in practice.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The Constitution provides for 
freedom of speech and of the press; however, at times the authorities 
infringed on these rights.
    There were eight newspapers and newsmagazines in print: three 
weeklies, one of which was government owned; three monthlies; one 
bimonthly; and one quarterly. There were two privately owned television 
stations and one government-owned station. The government-owned radio 
station broadcast on AM and FM frequencies. There were three privately 
owned radio stations. Government-controlled media outlets were 
criticized for exercising self-censorship.
    On October 8, the Chief Justice ruled that the November 2003 
Newspaper Act and Media Operators Act were invalid and 
unconstitutional. This followed the May 2003 ruling that a government 
ban on the Taimi 'o Tonga was illegal. These attempts to control the 
press had spurred strong public opposition. Following the October 8 
judgment, the Government promptly took measures to comply with the 
judgment, and on October 15, the Taimi 'o Tonga resumed distribution.
    The Human Rights and Democracy Movement in Tonga alleged the 
Government regularly censors foreign-origin news reports about the 
country.
    While there was little editorializing in the government-owned 
media, opposition opinion in the form of letters to the editor, along 
with government statements and letters, appeared regularly. From time 
to time, the national media carried comments critical of government 
practices and policies, including some by prominent citizens.
    The law allows suits by government officials and other individuals 
against media outlets that publish allegedly defamatory remarks. A 
former Minister of Justice brought a suit against the Tonga Star 
newspaper in 2003 for defamation of character. In November, the former 
Minister lost both his suit and his attempt to claim legal fees from 
the newspaper.
    The Government did not restrict academic freedom or Internet 
access.

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

    c. Freedom of Religion.--The Constitution provides for freedom of 
religion, and the Government generally respected this right in 
practice. However, the Constitution states that Sunday, the Sabbath, is 
to be ``kept holy'' and that no business can be conducted ``except 
according to law.'' Although an exception is made for hotels and 
resorts that are part of the tourism industry, the Sabbath day business 
prohibition was enforced strictly for all businesses, regardless of the 
business owners' religion. At year's end, the Legislature amended the 
law to expand the number of businesses that could operate on Sunday.
    Tonga Broadcasting Commission (TBC) guidelines require that 
religious programming on Radio Tonga be confined ``within the limits of 
the mainstream Christian tradition.'' The TBC did not allow members of 
the Baha'i Faith to discuss the tenets of their religion or to refer to 
the founder, Baha'ullah, by name. Similarly, the TBC did not allow the 
Church of Jesus Christ of Latter-day Saints (Mormons) to discuss its 
founder, Joseph Smith, or the Book of Mormon by name. However, members 
of the Baha'i Faith used a privately owned radio station for program 
activities and the announcement of functions, and Mormons and members 
of some other faiths were permitted to use Radio Tonga for the 
announcement of church activities and functions. A government-owned 
newspaper occasionally carried news articles about Baha'i activities or 
events, as well as those of other faiths.
    For a more detailed discussion, see the 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 were free 
to travel within the country and abroad.
    The Constitution and law do not prohibit forced exile, but the 
Government did not employ it in practice.
    The Government has not established a system for providing 
protection to refugees. No person was known to have applied for refugee 
status. The issue of the provision of temporary protection has never 
arisen.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    Citizens do not have the ability to change their leaders or the 
system of government. The King and 33 hereditary nobles dominated 
political life. They asserted authority largely through control of 
substantial landholdings and their dominant numbers in the legislative 
assembly (Parliament). While the Constitution allows the monarch broad 
powers, many of which do not require the legislative branch's 
endorsement, at times the King permitted the legislative system to 
operate without his guidance. The King appoints the Prime Minister and 
appoints and presides over the Privy Council (called the Cabinet when 
the King is not presiding), which makes major policy decisions. The 
Cabinet is composed of nine ministers and two governors; it included 
both nobles and commoners, all serving at the King's pleasure. The 
King's son, Prince 'Ulukalala Lavaka Ata, served as Prime Minister. 
During most of the year, the Prince also held five other ministerial 
portfolios, including defense and foreign affairs; however, he gave up 
the latter two portfolios in September.
    The unicameral legislative assembly consists of the Cabinet, nine 
nobles elected by their peers, and nine representatives elected by the 
general population. The King appoints the Speaker from among the 
representatives of the nobles. Cabinet members and nobles usually voted 
as a bloc.
    In September, seven of the representatives elected by the general 
population submitted proposals for political reform to the legislative 
assembly. One proposal called for a referendum in 2005 that would amend 
the Constitution to give citizens the right to elect all members of 
Parliament, and another would give the King the power to appoint the 
Prime Minister and Cabinet ministers from among the elected 
Parliamentarians. On November 11, the Prime Minister announced that 
four new ministers would be appointed after the March 2005 election--
two selected from elected nobility and two from elected representatives 
of the people. This would mark the first time for elected 
representatives of the people to serve in the Cabinet.
    Only citizens 21 years or older and resident in the country may 
vote. Parliamentary elections in 2002, deemed to be free and fair, 
resulted in a strong showing for pro-democracy candidates on the main 
island of Tongatapu. The royalist political group Kotoa was a 
counterweight to the pro-democracy movement. The next parliamentary 
elections were scheduled for March 2005.
    In 2002, the Government launched an economic and public sector 
reform program, led by a Cabinet Reform Committee composed of five 
teams. The teams included members of the Chamber of Commerce and 
provided the only opportunity for the general population to participate 
in the reform program. Late in 2003, the Government began implementing 
the program, and in June it began a survey of work performed by higher-
paid public servants.
    No woman has ever served as a government minister. During the year, 
there were no female Members of Parliament. A woman may become queen, 
but the Constitution forbids a woman to inherit other noble titles or 
become a chief.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    There are no legal barriers to the formation of domestic human 
rights NGOs. Some domestic NGOs dealt with human rights issues, but 
none undertook investigations of alleged violations. During the year, 
there were no restrictions on operations by international human rights 
groups and no known requests for investigations.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    Social, cultural, and economic facilities were available to all 
citizens regardless of race or religion, but members of the hereditary 
nobility had substantial advantages, including control over most land 
and a generally privileged status. It was possible for ordinary 
citizens to hold cabinet positions in government and to accumulate 
great wealth and status in the private sector.

    Women.--Societal violence against women seldom was publicized, but 
it was a growing problem. Incidents of domestic violence generally were 
addressed in traditional ways within families or by village elders. 
Such abuse seldom was reported to the police. Domestic violence can be 
prosecuted under laws against physical assault. Abused wives sometimes 
returned to their families if mediation failed. There were shelters, 
most church affiliated, for abused and troubled women, and the Free 
Wesleyan Church operated a hotline for women in trouble.
    Rape is punishable by imprisonment for a term of up to 15 years. 
The law does not recognize spousal rape and states that carnal 
intercourse by a man and his wife shall not under any circumstance be 
deemed rape.
    Prostitution per se is not illegal, but activities such as 
soliciting in a public place, procuring, operating a brothel, and 
trading in women are criminal offenses. Sexual harassment is not a 
crime, but physical sexual assault could be prosecuted as indecent 
assault.
    Women held several significant government posts, including 
Secretary to the Cabinet in the Prime Minister's Office and Secretary 
of Foreign Affairs. Women also headed the Office of Crown Law and the 
Government Central Planning Office. The majority of commissioned 
officers in the police force were women. For a woman to rise to a 
position of leadership, she usually needed the support of the nobility. 
The King's mother reigned for 46 years, and a royal princess was among 
the country's most prominent businesspersons. Some female commoners 
held senior leadership positions in business.
    Inheritance laws, especially those concerned with land, 
discriminate against women. Women can lease land but not own it. Under 
the inheritance laws, the claim to a father's estate by a male child 
born out of wedlock takes precedence over the claim of the deceased's 
widow or daughter.
    The Center for Women and Children, an NGO under the auspices of the 
Catholic Church, focused on domestic abuse and improving the economic 
and social conditions of women and also offered counseling to women in 
crisis.

    Children.--The Government is committed to children's human rights 
and welfare, and it provides some funding for children's welfare. 
Education is compulsory from ages 6 to 14. Education was available for 
all children through Form 6 (high school). Almost all children attended 
school.
    The Government provided free basic medical care to children. Child 
abuse was rare, and the extended family generally participated in child 
rearing.

    Trafficking in Persons.--While the law does not specifically 
address trafficking in persons, violators could be prosecuted under 
antislavery statutes. There were no reports that persons were 
trafficked to, from, or within the country.

    Persons With Disabilities.--There are no mandated provisions for 
services for persons with disabilities. There were no reported 
complaints of discrimination in employment, education, or provision of 
other government services. The education of children with special needs 
has been a longstanding priority of the Queen.

    National/Racial/Ethnic Minorities.--According to the Ministry of 
Labor, ownership and operation of food retail stores in the country has 
been legally restricted to citizens since the early 1980s. However, the 
retail sector in many towns has become increasingly dominated by 
foreigners, particularly Chinese nationals. During the year, the 
Immigration Department of the Ministry of Foreign Affairs attempted to 
enforce the restrictions in an effort to curb growing illegal 
immigration. Although some foreigners left as a result of the policy, 
others moved to nonrestricted sectors of the economy.
Section 6. Worker Rights
    a. The Right of Association.--Workers gained the right to form 
unions under the 1963 Trade Union Act, but regulations on the formation 
of unions were never promulgated, and there were no unions. The 
Friendly Islands Teachers Association and the Tonga Nurses Association 
were incorporated under the Incorporated Societies Act; however, they 
had no formal bargaining rights under the act.
    The act provides workers with the right to strike; however, 
implementing regulations never have been formulated. There were no 
reports of strikes during the year.

    b. The Right to Organize and Bargain Collectively.--Collective 
bargaining is permitted by law, but there was no record of it being 
utilized during the year.
    Labor laws apply in all sectors of the economy, including the two 
small export processing zones.

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

    d. Status of Child Labor Practices and Minimum Age for 
Employment.--Although there is no legislation prohibiting child labor, 
the practice did not exist in the wage economy.

    e. Acceptable Conditions of Work.--There is no minimum wage law, 
although there are government guidelines for wage levels. Labor laws 
and regulations, enforced by the Ministry of Labor, Commerce, and 
Industries, limited the workweek to 40 hours. The Ministry of Labor 
enforced laws and regulations in the wage sector of the economy, 
particularly on the main island of Tongatapu. Enforcement in the 
agricultural sector and on the outer islands was limited.
    Few industries exposed workers to significant danger, and 
industrial accidents were rare. The Government seldom addressed 
industrial safety standards, including the right of workers to remove 
themselves from dangerous work situations.

                               __________

                                 TUVALU

    Tuvalu is a parliamentary democracy. The head of state is Queen 
Elizabeth II, represented by the Governor General, who must be a 
citizen of the country. The country has no formal political parties. In 
2002, citizens elected a 15-member unicameral Parliament in free and 
fair elections. A prime minister is selected by Parliament. The 
judiciary is independent.
    The civilian authorities maintained effective control of the 70 
member police constabulary, the country's only security force. There 
were no reports that security forces committed human rights abuses.
    The country has a population of approximately 10,000 persons on 9 
atolls, scattered over approximately 350,000 square miles of the 
central South Pacific Ocean, containing approximately 10 square miles 
of dry land. The primarily subsistence economy relied mainly on 
coconuts, taro, and fishing. Remittances from citizens working abroad, 
the sale of postage stamps, and the sale of fishing licenses to foreign 
vessels provided additional foreign exchange. The country also relied 
on interest income generated by the Tuvalu Trust Fund and sales of the 
``.tv'' Internet country designation, which earned approximately $3.3 
million in 2003. The country's isolation limited opportunities for 
economic development.
    The Government generally respected the human rights of its 
citizens, and the law and judiciary provided effective means of 
addressing individual instances of abuse. Traditional customs and 
social behaviors, often considered equivalent to law, have led to some 
social discrimination. Allegations of nonaccountability, financial 
mismanagement, and conflicts of interest regarding officials of all 
four government ministries continued to be voiced. Parliamentary 
travel, management of the country's Internet designation rights, and 
the acceptances of high-value gifts by government officials have also 
been criticized. Women traditionally occupy a subordinate role, with 
limits on their job opportunities.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Arbitrary or Unlawful Deprivation of Life.--There were no 
reports of the arbitrary or unlawful deprivation of life committed by 
the Government or its agents.

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

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The Constitution prohibits such practices, and there were 
no reports that government officials employed them. Local hereditary 
elders exercised considerable traditional authority, including the 
right to inflict corporal punishment for infringing customary rules, 
which can be at odds with the national law. However, during the year, 
there were no reports of corporal punishment.
    The country has one minimum-security prison facility, which is 
segregated by sex. Adults were held at this facility, and children were 
remanded to their family's custody. The men's section could accommodate 
35 inmates, the women's section 20. During the year, the number of 
prisoners was far below the maximum capacity; there were no female 
prisoners at year's end. There also was a holding cell at the police 
station for detentions of less than 24 hours. Pretrial detainees were 
usually released on their own recognizance. Pretrial detainees charged 
with a serious crime, such as homicide, could be held in the prison; in 
practice, this did not occur.
    Detentions longer than a week were rare; more commonly, a person 
was jailed overnight on charges of inebriation. While prison conditions 
were somewhat Spartan, they generally met international standards, and 
complaints were minimal.
    The question of prison visits by human rights groups did not arise. 
Visits by church groups and family members were permitted.

    d. Arbitrary Arrest or Detention.--The Constitution prohibits 
arbitrary arrest and detention, and the Government generally observed 
these prohibitions.
    The police may hold a person for no more than 24 hours without a 
hearing before a magistrate. There were no reports of police abuse. 
Warrants are required but rarely were necessary in a state with a 
population so small that the police as a group literally knew every 
citizen.

    e. Denial of Fair Public Trial.--The Constitution provides for an 
independent judiciary, and the Government generally respected this 
provision in practice.
    There is a two-tier judicial system. Higher courts include the 
Privy Council, the Court of Appeal, and the High Court. Lower courts 
consist of senior and resident magistrates, the Island Court, and the 
Land Court. The High Court is presided over by an expatriate Chief 
Justice appointed by the Governor General and generally holds court 
once a year.
    The Constitution provides for the right to a fair trial, and an 
independent judiciary generally enforced this right. The Constitution 
provides that the accused must be informed of the nature of the offense 
with which they are charged and provided the time and facilities 
required to prepare a defense. The People's Lawyer (public defender) 
expressed concern that bureaucratic delays sometimes resulted in 
several months passing before an accused was informed of the charges. 
The right to confront witnesses, present evidence, and appeal 
convictions is provided by law. Procedural safeguards are based on 
English common law. The services of the independent People's Lawyer are 
paid by the Government and available to all citizens without charge.
    There were no reports of political prisoners.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The Constitution prohibits such actions, and the 
Government generally respected these prohibitions in practice.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The Constitution provides for 
freedom of speech and of the media, 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.
    In 2001, the country's sole radio station, formerly controlled by 
the Government, was converted by statute to the status of a public 
corporation, the Tuvalu Media Corporation (TMC). According to the TMC's 
charter, the Secretary to Government serves as the Chairman of the 
Board, and the Prime Minister's duties include oversight of the TMC. In 
practice, all copy to be broadcast by the TMC must be approved by the 
Secretary to Government, and he reportedly has blocked or delayed 
stories favorable to the opposition. Videotapes circulated freely and 
were widely available; however, pornography in all forms is illegal.
    There were no government restrictions on Internet access.

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

    c. Freedom of Religion.--The Constitution provides for freedom of 
religion, and the Government generally respected this right in 
practice. Unlike in the previous year, there were no reports that 
villages banned new religious groups. In 2003, the island council of 
Nanumanga reportedly banned the newly formed Tuvalu Brethren Church. 
The head of the Tuvalu Brethren Church filed a complaint against the 
island council. In September, the High Court heard the case but at 
year's end had not rendered a decision.
    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 
generally observed this prohibition.
    The Government cooperated with the U.N. High Commissioner for 
Refugees and other humanitarian organizations in assisting refugees. No 
person has applied for refugee status, and the issue of the provision 
of temporary protection has never arisen. The Government has not 
formulated a policy regarding refugees, asylees, or temporary 
protection. There were no reports of the forced return of persons to a 
country where they feared persecution.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The Constitution provides citizens with the right to change their 
government peacefully, and citizens exercised this right in practice 
through periodic, free, and fair elections held on the basis of 
universal suffrage. Citizens freely and directly elect a 15-member 
unicameral Parliament whose normal term is 4 years. Each of the 
country's nine atolls is administered by a six-person council, also 
elected by universal suffrage to 4-year terms. The minimum voting age 
is 18 years.
    The Cabinet consists of the Prime Minister, elected by secret 
ballot from among the Members of Parliament (M.P.s), and four other 
ministers, appointed and removed from office by the Governor General, 
with the advice of the Prime Minister. The Prime Minister may appoint 
or dismiss the Governor General on behalf of the British monarch. The 
Prime Minister may be removed from office by a parliamentary vote of no 
confidence.
    Elections held in 2002 were free and fair. Of the 15 members 
elected to Parliament, 6 were serving their first term. The new 
Parliament elected Saufatu Sopoanga, a former civil servant, as Prime 
Minister. In August, Sopoanga lost a parliamentary vote of confidence. 
However, he continued to hold office in a ``caretaker'' capacity until 
October 12, when Maatia Toafa, a Sopoanga ally, was named Prime 
Minister.
    There were no formal political parties; however, Parliament 
informally was divided between a faction that supported the Sopoanga 
Government and a faction that did not.
    From November 2002 to October 2003, then Prime Minister Sopoanga 
refused to convene Parliament to avoid a likely no-confidence vote that 
would have removed him from power. Further delaying tactics kept 
Sopoanga in office, even though for most of that period, the opposition 
held a majority in Parliament. However, the August election, occasioned 
by a vote of no confidence in Sopoanga, replaced pro-government 
parliamentarians with members of the former opposition.
    Laws against corruption are weak. Allegations of nonaccountability, 
corrupt travel, financial mismanagement, and conflicts of interest 
regarding officials of all four government ministries continued to be 
voiced. Parliamentary travel to Taiwan, management of the country's 
``.tv'' rights, and acceptance of high-value gifts by government 
officials have also been criticized.
    Laws provide for annual, public, ministerial reports, but 
publication was spotty and often nonexistent. The Auditor-General's 
Office, responsible for providing government oversight, was 
underfunded, lacked serious parliamentary support, and as a consequence 
continued to lack adequate staff and resources.
    Participation by women in government and politics was limited, 
largely due to cultural traditions. There were no female M.P.s or 
cabinet ministers.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    While no known barriers block their establishment, there were no 
local nongovernmental organizations concerned solely with human rights. 
Some human rights advocates operated under the aegis of the Tuvalu 
Association of Nongovernmental Organizations, which was composed 
primarily of religious organizations. The People's Lawyer, who served 
as a public defender, also monitored sentencing, equality before the 
law, and human rights issues in general. This institution was supported 
by the Government, which frequently sought its advice. At times, it has 
been critical of the Government; however, there have been no 
allegations of human rights violations committed by the Government and 
no known requests for investigations.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The Constitution prohibits discrimination on the basis of race, 
creed, sex, or national origin, and the Government observed these 
prohibitions. However, a scarcity of wage-paying jobs and the 
traditional culture limited women's job opportunities.

    Women.--Violence against women was rare. Domestic violence was 
relatively infrequent and was not a source of societal concern. Rape is 
a crime punishable by a minimum sentence of 5 years' imprisonment; 
however, spousal rape is not included in the legal definition of this 
offense. The People's Lawyer has sought to broaden public knowledge of 
women's rights, particularly in regard to spousal rape and domestic 
abuse.
    Prostitution and sex tourism are illegal. While there are no laws 
prohibiting sexual harassment, the Penal Code provides specific 
recourse against indecent behavior, which includes lewd touching.
    Women increasingly held positions in the health and education 
sectors and were more active politically. In an economy with few wage-
paying jobs, women held the clear majority of clerical and retail 
positions. In 2000, the Government established a Women's Department in 
the Ministry of Internal Affairs; however, it took no significant 
action during the year.

    Children.--The Government provided commensurate funding for 
children's welfare within the context of its total available resources. 
Education was compulsory for children through age 13. Students competed 
for academic scholarships to attend universities overseas or 
participated in vocational training focusing on subsistence farming and 
maritime training for men and computer or other business training for 
women.
    The Government provided free medical care for children through age 
18.
    There were no reports of child abuse.

    Trafficking in Persons.--The law prohibits procurement of persons 
within and across borders for purposes of prostitution, but it does not 
mention or prohibit trafficking specifically. However, there were no 
reports that persons were trafficked to, from, or within the country.

    Persons With Disabilities.--There were no known reports of 
discrimination against persons with disabilities in employment, 
education, or in the provision of other state services. There are no 
mandated accessibility provisions for persons with disabilities.
Section 6. Worker Rights
    a. The Right of Association.--The Constitution provides for the 
right of association. Workers were free to organize unions and choose 
their own labor representatives, but most of the population lacked 
permanent employment and was engaged in subsistence activity.
    Public sector employees such as civil servants, teachers, and 
nurses, who totalled fewer than 1,000 persons, were members of 
professional associations that did not have union status. The only 
registered trade union, the Tuvalu Seamen's Union, had approximately 
600 members, who worked on foreign merchant vessels.

    b. The Right to Organize and Bargain Collectively.--The law 
provides for conciliation, arbitration, and settlement procedures in 
cases of labor disputes. Although there are provisions for collective 
bargaining, in practice private sector employers set wages. Both 
private and public sectors generally used nonconfrontational 
deliberations in a local, multipurpose meeting hall to resolve labor 
disputes rather than use legal procedures.
    The law provides for the right to strike, but no strike has ever 
taken place.
    There are no export processing zones.

    c. Prohibition of Forced or 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 children under the age of 14 from working. The law also 
prohibits children under 15 years of age from industrial employment or 
work on any ship and stipulates that children under the age of 18 are 
not allowed to enter into formal contracts, including work contracts. 
Children rarely were employed outside the traditional economy of 
subsistence farming and fishing.

    e. Acceptable Conditions of Work.--The minimum wage, set by the 
Government, was sufficient to allow a worker and family in the wage 
economy to maintain a decent standard of living. The biweekly minimum 
wage in the public (government) sector was $91.65 ($A130), regardless 
of sex and age. In most cases, the private sector adopted the same 
minimum wage rate.
    The Labor Office may specify the days and hours of work for workers 
in various industries. By law, the workday is set at 8 hours. The 
majority of workers were outside the wage economy.
    The law provides for rudimentary health and safety standards. It 
requires employers to provide an adequate potable water supply, basic 
sanitary facilities, and medical care. The Ministry of Labor, Works, 
and Communications is responsible for the enforcement of these 
regulations, but in practice it provided only minimum enforcement.
    Workers can remove themselves from work situations that endanger 
health or safety without jeopardy to their jobs; the law also protects 
legal foreign workers.

                               __________

                                VANUATU

    Vanuatu is a parliamentary democracy. The Constitution provides for 
parliamentary elections based on universal suffrage every 4 years, 
through which citizens may change their government freely. The 52 
member Parliament elects the Prime Minister as the Head of Government. 
An electoral college composed of the Members of Parliament (M.P.s) and 
the chairmen of the country's six provincial government councils elects 
the President as the Head of State. The latter's powers are largely 
ceremonial, except when appointing judges or acting on the advice of 
the Council of Ministers, who are appointed by the Prime Minister. 
There also is a Council of Chiefs that provides recommendations on 
matters relating to custom and traditional practices. Political 
legitimacy is based on majority rule. Parliamentary majorities have 
been unstable. The most recent elections, held in July, were considered 
generally free and fair. After much parliamentary maneuvering, a 
coalition government was formed with Serge Vohor of the Union of 
Moderate Parties (UMP) as Prime Minister; however, on December 11, 
Parliament ousted Vohor in a vote of no confidence and elected Ham Lini 
to replace him. The judiciary is generally independent of executive 
interference, although there were tensions between the two branches 
during the year.
    The Police Commissioner commands the country's small police force, 
including its paramilitary wing, the Vanuatu Mobile Force (VMF). The 
country has no military force; the VMF has both domestic and external 
security responsibilities. The civilian authorities generally 
maintained effective control of the police; however, police officials 
on occasion have acted peremptorily or at the direction of senior 
politicians attempting to settle scores or intimidate opponents. There 
were reports that a few members of the police committed human rights 
abuses.
    The economy is market based, with tourism the biggest source of 
foreign exchange. The population was approximately 213,000, more than 
80 percent of whom were engaged in subsistence farming and fishing. The 
service sector, composed primarily of government, tourism, and an 
offshore financial sector, was the largest component of the formal 
economy. Real gross domestic product grew by 1.6 percent in 2003. Wages 
and benefits generally kept pace with inflation. Per capita income was 
estimated at $1,180 in 2003, a decrease since independence in 1980 when 
adjusted for inflation. In February, Cyclone Ivy struck the country and 
extensively damaged infrastructure, housing, crops, and water supplies.
    The Government generally respected the human rights of its 
citizens; however, there were problems in some areas, including poor 
prison conditions, arrests without warrants, an extremely slow judicial 
process, restrictions on access to government-owned radio and 
television stations by the political opposition, and violence and 
discrimination against women.
                        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 torture. There were a few 
reports of abuses by police.
    Prison conditions were poor at both the small, dilapidated central 
prison in Port Vila and the prison in Luganville, where conditions 
generally were regarded as worse than in Port Vila. Security at both 
facilities also was poor. Inmates were treated humanely to the extent 
allowed by the meager resources of the prison system.
    Female prisoners were held in a separate facility. Pretrial 
detainees usually were held in the police lockup rather than the 
prison. During the year, with foreign government assistance, the 
holding cells at the Port Vila police station were enlarged, and 
prisoners were provided access to modern sanitary facilities.
    The Government permits prison visits by independent human rights 
observers.

    d. Arbitrary Arrest or Detention.--The Constitution prohibits 
arbitrary arrest and detention, and the Government generally observed 
these provisions.
    The Commissioner of Police heads the police force of approximately 
600 officers, including approximately 200 members of the VMF, a 
paramilitary unit with responsibility for responding to both internal 
and external security threats or other situations requiring the use of 
force. The Police Services Commission administers the employment of all 
police officers and selects the commissioner. The police generally were 
considered effective but were hampered by a lack of resources and by 
internal rivalries. Corruption and impunity were not major problems; 
however, there were some instances of corruption, and there have been 
some instances in which police have acted without proper authorization 
at the behest of politicians.
    In September, the Chairman of the Police Services Commission was 
removed and the Police Commissioner and Mobile Force Commander were 
suspended after the police reportedly attempted to arrest the Prime 
Minister in connection with a contempt of court charge filed by the 
Public Prosecutor after the Prime Minister made disparaging remarks in 
Parliament about the Supreme Court's Chief Justice. The Supreme Court 
subsequently dismissed the charge. At year's end, appeals of the 
suspensions were pending in the courts.
    The constitutional provision that suspects must be informed of the 
charges against them generally was observed in practice. A warrant 
issued by a court is required for an arrest; however, police made a 
small number of arrests without warrants during the year, and the 
Government deported a foreign national wanted by French authorities 
despite a court order barring his deportation.
    A system of bail operated effectively; however, some persons not 
granted bail spent lengthy periods in pretrial detention due to 
judicial inefficiency (see Section 1.e.). Detainees were allowed prompt 
access to counsel.

    e. Denial of Fair Public Trial.--The Constitution provides for an 
independent judiciary, and the Government generally respected this 
provision in practice; however, there were tensions between the 
executive and the judiciary during the year regarding the case of a 
foreign national deported by the Government despite a court order 
barring such action and regarding criticism by Prime Minister Vohor of 
the Supreme Court's Chief Justice (see Section 1.d.).
    Magistrates' courts deal with most routine legal matters. There 
also are island courts at the local level, with limited jurisdiction in 
civil and criminal matters. The Supreme Court, an intermediate-level 
court, has unlimited jurisdiction over criminal and civil matters and 
considers appeals from the magistrates' courts. The President appoints 
the Chief Justice of the Supreme Court after consultation with the 
Prime Minister and the leader of the opposition; the three other 
justices are appointed by the President on the advice of the Judicial 
Services Commission. The Appeals Court is the highest appellate court. 
It comprises at least three judges, including at least two judges from 
the Supreme Court, and often includes senior judges from other common-
law countries in the region. Judges cannot be removed without cause.
    The Constitution provides for the right to a fair trial, and an 
independent judiciary generally enforced this right. However, the 
judiciary was relatively weak and inefficient, and some defendants 
spent extended periods in pretrial detention as a result. The judicial 
system is derived from British common law. The courts uphold 
constitutional provisions for a fair public trial, a presumption of 
innocence until guilt is proven, a prohibition against double jeopardy, 
a right of judicial determination of the validity of arrest or 
detention, and a right of appeal to a higher court.
    Judges, prosecutors, and police complained about large case 
backlogs due to a lack of resources and limited numbers of qualified 
judges and prosecutors. Years can pass before a case is brought to 
trial.
    There were no reports of political prisoners.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The Constitution or the law prohibits such actions, 
and the Government generally 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, during the year, Prime 
Minister Vohor stated that opposition parliamentarians could not appear 
on the government-owned television or radio stations without his prior 
permission. He granted no such permission during the year.
    The Government controlled the country's one AM and one FM radio 
station and a limited service television station that broadcast only to 
the capital of Port Vila and the second-largest city, Luganville. The 
television station provided daily English and French news service. 
Access to international news and information also was available through 
subscription satellite television service from two private providers. 
There was one independent daily newspaper and two privately owned 
semiweekly newspapers. During the year, most international 
correspondents, government-owned media, and the independent press 
reported criticisms of political leaders freely and apparently without 
hindrance. However, at times, some individual politicians and their 
supporters have attempted to intimidate the media, although with no 
apparent effect.
    The Government did not limit access to the Internet; the Internet 
and e-mail were increasingly used by business and commercial leaders in 
Port Vila and other major towns, but both computers and Internet access 
were out of reach for most citizens in the subsistence economy.
    The Government did not restrict academic freedom.

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

    c. Freedom of Religion.--The Constitution provides for freedom of 
religion, and the Government generally respected this right in 
practice. The Government provided some financial assistance for the 
construction of churches affiliated with member denominations of the 
Vanuatu Christian Council, provided grants to church operated schools, 
and paid teachers' salaries at church operated schools in existence 
since the country's independence in 1980. These benefits were not 
available to non Christian religious organizations. Government schools 
also scheduled weekly religious education classes conducted by 
representatives of Council churches. Students whose parents did not 
wish them to attend the classes were excused. Non Christian religions 
were not permitted to give religious instruction in public schools.
    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 employ it.
    The law does not provide for the granting of asylum or refugee 
status to persons who meet the definition in 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. There were no refugee or asylum cases reported during the 
year. The Government has no association 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. Parliamentary elections are held every 4 years. The 
52-member Parliament elects the Prime Minister as the Head of 
Government. The Electoral College, composed of M.P.s and the chairmen 
of the country's six provincial government councils, elects the 
President for a 5 year term. The President's powers are largely 
ceremonial except when appointing judges and acting on the advice of 
the Council of Ministers; however, the President has the power to 
pardon or reduce the sentence of persons convicted of criminal 
offenses. This power has been used in the past to absolve political 
figures of criminal convictions.
    Parliamentary majorities have been unstable, with frequent motions 
for votes of no confidence in the government. In October, Parliament 
passed proposed amendments to the Constitution that, among other 
things, would bar no confidence motions in the first and last years of 
a parliament's 4-year term. The amendments would become effective only 
if approved in a national referendum, which had not been scheduled as 
of year's end.
    National parliamentary elections held in July were considered 
generally free and fair. Additional police were dispatched to the 
island of Tanna after alleged supporters of two unsuccessful candidates 
intercepted police escorting ballot boxes to the capital after the 
election and reportedly burned several of the boxes. The Government 
charged 10 persons for their alleged involvement in the incident, 
including the 2 candidates. No further action was taken in the case by 
year's end. Following the election, Prime Minister Serge Vohor of the 
UMP assembled a coalition parliamentary majority and formed the 
Government. However, on December 11, amid allegations of corrupt 
dealings, Vohor lost a motion of no confidence in Parliament; Ham Lini 
of the National United Party was elected to replace him as Prime 
Minister.
    Government corruption was a problem. In May, then-President Alfred 
Masing Nalo, who had been elected in April, was removed from office 
after it was revealed that he had a criminal record, including a 
conviction for receiving property dishonestly. In August, lawyer Kalkot 
Matas Kelekele was elected President to replace him. Prime Minister 
Vohor appointed as his Foreign Minister a former prime minister who was 
convicted of forgery in 2002 and sentenced to 3 years' imprisonment; he 
was released several months later, after the then-President pardoned 
him on medical grounds, and was reelected to Parliament. The Public 
Service Act and related guidelines provide for the appointment of 
public servants on the basis of merit; however, in practice, political 
interference at times has hampered the effective operation of the civil 
service.
    No law provides for public access to government information. In 
practice, governmental response to requests for information from the 
media has been mixed.
    Traditional attitudes regarding male dominance and customary 
familial roles hampered women's participation in economic and political 
life. There were 2 women in the 52-member Parliament. There was one 
woman in the Cabinet, appointed in December.
    There were at least two members of minorities in the Parliament, 
one of whom was in the Cabinet.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    There are no restrictions on the formation of human rights 
organizations. Some nongovernmental organizations (NGOs), such as the 
National Council of Women and the Family Health Association, included 
human rights education as part of their programs. A number of domestic 
and international human rights groups operated without government 
restriction, investigating and publishing their findings on human 
rights cases. Government officials tolerated their views.
    A government ombudsman is appointed to a 5-year term by the 
President in consultation with other political leaders. The 1998 
Ombudsman's Act, passed in the wake of parliamentary anger over the 
previous Ombudsman's vigorous investigations of official corruption, 
requires that the Public Service Commission, not the Ombudsman, appoint 
members of the Ombudsman's staff and authorizes the presence of legal 
counsel during interviews with the Ombudsman.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The Constitution prohibits discrimination on the basis of race, 
place of origin, religious or traditional beliefs, political opinions, 
language, or sex; however, women remained victims of discrimination in 
the tradition-based society.

    Women.--Violence against women, particularly wife beating, was 
common, although no accurate statistics exist. There are no specific 
laws against domestic violence; courts occasionally prosecuted 
offenders using common law assault as a basis for prosecution. However, 
most cases of violence against women, including rape, went unreported 
because women, particularly in rural areas, were ignorant of their 
rights or feared further abuse. Although rape is a crime, with a 
maximum penalty of life imprisonment, spousal rape is not cited 
specifically in the law, and police frequently were reluctant to 
intervene in what were considered domestic matters. There were no 
government programs to address domestic violence, and media attention 
to the abuse was limited. There were some facilities for abused women 
run by churches and other NGOs. In 2002, the civil procedure rules were 
revised to give greater protection to victims of domestic violence by 
giving magistrates authority to issue domestic violence protection 
orders. These changes were advocated by NGOs such as the National 
Council of Women and the Vanuatu Women's Center that also played an 
important role in educating the public about domestic violence.
    In March, the head of the National Council of Women expressed 
concern about alleged abuse of a female finance department worker by a 
senior government official. According to press reports, the official 
publicly slapped and abused the employee because he wanted priority 
given to processing a payment request; the official denied the reports.
    Prostitution is illegal and was not regarded as a serious problem. 
Although there is no law against sex tourism, none has been reported. 
Sexual harassment is not illegal and was a problem. During the year, 
the Commissioner of Police and a high ranking chief both made widely 
publicized statements against sexual harassment.
    While women have equal rights under the law, they are only slowly 
emerging from a traditional culture characterized by male dominance, a 
general reluctance to educate women, and a widespread belief that women 
should devote themselves primarily to childbearing. In 2000, a 
disproportionate number of women's positions were abolished during 
downsizing of the public service sector. In 2000, as part of the 
Government's reform program, policies were drafted to guide the 
Department of Home Affairs in protecting and furthering the rights of 
women; however, these have not been implemented. The majority of women 
entered into marriage through ``bride-price payment,'' a practice that 
has encouraged men to view women as property. Women also were barred by 
tradition from land ownership. Many female leaders viewed village 
chiefs as major obstacles to social, political, and economic rights for 
women. Women interested in running for public office received 
encouragement and help from the NGO Vanuatu Women in Politics.

    Children.--Access to education was limited, and school attendance 
was not compulsory. Less than 35 percent of all children advanced 
beyond elementary school due to a shortage of schools and teachers 
beyond grade six. Boys tended to receive more education than girls. 
Although attendance rates were similar in the early primary grades 
(approximately 79 percent for boys and 78 percent for girls), fewer 
girls advanced to the higher grades. A significant portion of the 
population, perhaps as high as 50 percent, was functionally illiterate. 
Medical services were free, and there was a program of immunization; 
however, the Government had few resources for medical care, 
particularly in outlying provinces where there were no hospitals.
    Child abuse was not believed to be extensive; however, the 
Government did little to combat the problem. NGOs and law enforcement 
agencies reported increased complaints of incest and rape of children 
in recent years but no statistics were available. Children generally 
were protected within the traditional extended family system. Members 
of the extended family, particularly paternal uncles, played an active 
role in a child's development. Virtually no children were homeless or 
abandoned.

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

    Persons With Disabilities.--There was no governmental or national 
policy on persons with disabilities and no legislation mandating access 
to buildings for them. There were no special programs to assist persons 
with disabilities. Their protection and care was left to the 
traditional extended family and to voluntary NGOs. Due to high rates of 
unemployment, there were few jobs available for persons with 
disabilities. Persons with mental illness generally did not receive 
specialized care; they usually were attended by members of their 
extended families.

    National/Racial/Ethnic Minorities.--Most of the population is made 
up of Melanesians. Small minorities of Chinese, Fijians, Vietnamese, 
Tongans, and Europeans generally were concentrated in two towns and on 
a few plantations. Most of the land belongs to indigenous tribes and 
cannot be sold, although it sometimes was leased to others. Within the 
limits of this system of land tenure, there generally were no reports 
of discrimination against ethnic minorities; however, under a law 
passed in 2003, only indigenous farmers can grow kava, a native herb, 
for export. There was no evidence of ethnic discrimination in the 
provision of the limited basic services that the Government provided.
Section 6. Worker Rights
    a. The Right of Association.--The law provides workers with the 
right to organize and join unions, and workers exercised this right in 
practice. Approximately 25,000 persons participated in the formal 
economy as wage earners. Combined union membership in the private and 
public sectors was approximately 1,000. The five existing trade unions 
are independent of the Government. They are grouped under an umbrella 
organization, the Vanuatu Council of Trade Unions (VCTU). All workers 
are permitted to join unions. The high percentage of the population 
still engaged in subsistence agriculture and fishing precluded 
extensive union activity. Unions require government permission to 
affiliate with international labor federations. The VCTU is a member of 
the International Confederation of Free Trade Unions.

    b. The Right to Organize and Bargain Collectively.--Unions exercise 
the right to organize and bargain collectively. They negotiate wages 
and conditions directly with management. If the two sides cannot agree, 
the matter is referred to a three member arbitration board appointed by 
the Minister of Home Affairs. The board consists of one representative 
from organized labor, one from management, and the senior magistrate of 
the Magistrate's Court. While a dispute is before the board, labor may 
not strike and management may not dismiss union employees. However, 
unions and management generally reached agreement on wages without 
arbitration. Complaints of anti union discrimination are referred to 
the Commissioner of Labor; however, none were reported during the year. 
While the law does not require union recognition, it prohibits anti-
union discrimination once a union is recognized. The law prohibits 
retaliation for legal strikes. In the case of private-sector employees, 
complaints of violations would be referred to the Labor Department for 
conciliation and arbitration. In the public sector, the Public Service 
Commission would handle complaints of violations. Unions are required 
by law to give 30 days' notice of intent to strike and to provide a 
list of the names of potential strikers.
    There were no major strikes during the year.
    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 children under 12 years of age from working outside of 
family-owned agricultural production, where many children assisted 
their parents. The employment of children from 12 to 18 years of age 
was restricted by occupational category and conditions of labor, 
including employment in the shipping industry and nighttime employment. 
The Labor Department effectively enforced these laws.

    e. Acceptable Conditions of Work.--A legislated minimum wage was 
enforced effectively by the Labor Department. Since 1995, it has been 
approximately $143 (16,000 vatu) per month for both urban and rural 
workers. The minimum wage did not provide a decent standard of living 
for an urban worker and family. However, most families were not 
dependent solely on wages for their livelihood, supplementing incomes 
through subsistence farming. Various laws regulated benefits such as 
sick leave, annual vacations, and other conditions of employment, such 
as a 44-hour maximum workweek that included at least one 24-hour rest 
period. The Employment Act, enforced by the Labor Department, includes 
provisions for safety standards. Workers have the right to remove 
themselves from dangerous work situations without jeopardy to their 
continued employment. However, the safety and health law was inadequate 
to protect workers engaged in logging, agriculture, construction, and 
manufacturing, and the single inspector attached to the Labor 
Department could not enforce the law fully.
    Laws on working conditions and safety standards apply equally to 
foreign workers and citizens.

                               __________

                                VIETNAM

    Vietnam is a one-party state, ruled and controlled by the Communist 
Party of Vietnam (CPV). The CPV's constitutionally mandated leading 
role and the occupancy of all senior government positions by party 
members ensured the primacy of Politburo guidelines and enabled the 
party to set the broad parameters of national policy. In recent years, 
the CPV gradually reduced its formal involvement in government 
operations and allowed the Government to exercise significant 
discretion in implementing policy. The National Assembly remained 
subject to CPV direction; however, the Government continued to 
strengthen the capacity of the National Assembly. The National Assembly 
members were chosen in May 2002 elections in which candidates were 
vetted by the CPV's Vietnam Fatherland Front (VFF), an umbrella group 
for the country's mass organizations. Approximately 90 percent of 
elected delegates were CPV members. The National Assembly continued to 
play an increasingly independent role as a forum for local and 
provincial concerns and as a critic of local and national corruption 
and inefficiency and made progress in improving transparency in the 
legal and regulatory systems. The judiciary was subject to the 
influence of the CPV and the Government.
    Internal security primarily is the responsibility of the Ministry 
of Public Security (MPS); however, in some remote areas, the military 
is the primary government agency and provides infrastructure and all 
public safety functions, including maintaining public order in the 
event of civil unrest. The MPS controls the police, a special national 
security investigative agency, and other internal security units. It 
also maintained a system of household registration and block wardens to 
monitor the population, concentrating on those suspected of engaging, 
or being likely to engage in, unauthorized political activities; 
however, this system has become less pervasive in its intrusion into 
most citizens' daily lives. While the civilian authorities generally 
maintained effective control of the security forces, there were reports 
that elements of the security forces acted independent of government 
authority. Members of the public security forces committed numerous 
human rights abuses.
    The country of over 82 million persons was undergoing a rapid 
transition from a wholly central planned economy to a ``socialist-
oriented market economy.'' During the first 6 months of the year, the 
gross domestic product growth rate was approximately 7 percent and the 
inflation rate (the Consumer Price Index) rose 7.2 percent. The 
agriculture, forestry, and fishery sectors employed 59.04 percent of 
the labor force and accounted for 21.1 percent of total economic 
output. The private sector, including independent farming and household 
businesses, comprised 88.2 percent of the labor force, while the state 
sector accounted for 10.3 percent, and the foreign invested sector 1.5 
percent. Industry and construction contributed 41.3 percent of total 
economic output, while services accounted for 37.6 percent. During the 
first half of the year, official development assistance disbursements 
achieved $630 million. In the last 10 years, overall poverty levels 
decreased significantly; as of 2003, approximately 26 percent of the 
population lived below the poverty line. Particularly in Ho Chi Minh 
City and Hanoi, economic reforms have raised the standard of living and 
reduced CPV and government control over, and intrusion into, citizens' 
daily lives; however, many citizens in isolated rural areas, including 
members of ethnic minorities in the Northwest Highlands, Central 
Highlands, and the central coastal regions continued to live in extreme 
poverty. There was a growing income and development gap between urban 
and rural areas and within urban areas. Unemployment and 
underemployment remained significant problems.
    The Government's human rights record remained poor, and it 
continued to commit serious abuses. The Government continued to deny 
citizens the right to change their government. Several sources reported 
that security forces shot, detained, beat, and were responsible for the 
disappearances of persons during the year. Police also reportedly 
sometimes beat suspects during arrests, detention, and interrogation. 
Incidents of detention of citizens and foreign visitors, including 
detention for peaceful expression of political and religious views, 
continued. Prison conditions were harsh, but not unduly so given the 
country's level of economic development. The Government denied some 
citizens the right to fair and expeditious trials. The Government 
continued to hold political and religious prisoners. The Government 
restricted citizens' privacy rights, although the trend toward reduced 
government interference in the daily lives of most citizens continued. 
The Government significantly restricted freedom of speech, freedom of 
the press, freedom of assembly, and freedom of association. The 
Government continued its longstanding policy of not tolerating most 
types of public dissent and increased efforts to monitor and control 
citizen's access and use of the Internet; however, the Government 
allowed elected officials and ordinary citizens in approved forums 
somewhat greater freedom of expression and of assembly. Security forces 
continued to enforce restrictions on public gatherings and travel in 
some parts of the country, particularly in the Central Highlands and 
the Northwest Highlands. The Government prohibited independent 
political, labor, and social organizations; such organizations existed 
only under the control of the VFF. The Government restricted freedom of 
religion and prohibited the operation of unregistered religious 
organizations. Participants in unregistered organizations faced 
harassment as well as possible detention and imprisonment. The 
Government imposed limits on freedom of movement of some individuals 
whom it deemed a threat. The CPV continued efforts to strengthen the 
mechanism for citizens to petition the Government and for victims of 
injustice to obtain compensation. The Government made significant steps 
in improving legal transparency for businesses. The Government did not 
permit human rights organizations to form or operate. In an effort to 
respond to international criticism of human rights issues, investigate 
allegations of misdeeds and better implement regulations protecting 
human rights, the Government established the inter-ministerial Steering 
Committee on Human Rights Issues. Violence and discrimination against 
women as well as child prostitution remained problems, although the 
Government took steps to combat these social ills. Although the 
Government took steps to combat trafficking in persons, trafficking in 
women and children for the purpose of forced prostitution within the 
country and abroad continued to be a problem, and there were reports of 
the trafficking of women to China and Taiwan for forced marriages. 
Discrimination against some ethnic minorities continued to be a 
problem. The Government restricted some core worker rights, such as 
freedom of association; however, it cooperated with the International 
Labor Organization (ILO) and international donors to improve 
implementation of the labor law. There were reports that children 
worked in exploitative situations; however, the Government recognized 
child labor as a problem and attempted to address it.
                        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 
politically motivated killings by the Government or its agents; 
however, there were reports of killings by security forces.
    On April 10, ethnic minorities protested in numerous locations in 
the Central Highlands provinces of Dak Nong, Dak Lak, and Gia Lai. In 
some of the protests, individuals carried clubs and threw rocks at 
police officers. In a number of cases, police reportedly responded to 
by beating and firing upon demonstrators. The Government reported the 
deaths of three protestors, all at the hands of other demonstrators. 
Reports from inside the country and from nongovernmental organizations 
(NGOs) monitoring the situation from abroad suggested that many 
protestors were killed by police, or fled into the jungle where some 
died from their wounds, afraid to seek medical treatment. Credible 
estimates put the number of protestors killed by police at least in 
double digits; some international organizations report that the figures 
may be much higher (see Section 2.b.).
    Police in the Northwest Highlands reportedly beat to death 
Protestant believers Vang Seo Giao in July 2003 and Mua Bua Senh in 
2002. Also in 2003, police in Nam Dinh Province beat to death Tran Minh 
Duc, who had been detained following a domestic dispute. No action was 
taken against officials involved in these killings. Authorities 
continued to investigate three other deaths in custody from 2002, 
including: The case of three police officers in Quang Nam Province who 
reportedly killed Nguyen Ngoc Chau while questioning him on murder 
charges; the case of two police officers in Vinh Phuc Province charged 
in the death of Khong Van Thoi; and the case of two prison guards in 
Hai Duong Province charged with manslaughter in the killing of prison 
inmate Pham Van Dung.

    b. Disappearance.--There were credible reports that some members of 
ethnic minority groups in the Central Highlands and Northwest Highlands 
who were either arrested or detained did not return to their families.
    In 2002, in Dak Lak Province, police twice detained large numbers 
of Protestant villagers for worshipping without official approval. In 
both cases, most of those arrested were released after a few days, but 
as many as 70 of the villagers did not return. Police reportedly denied 
continuing to detain them.

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The law prohibits physical abuse; however, police 
sometimes beat suspects while arresting them or while they were in 
custody. In 2002, police reportedly beat to death at least two 
detainees (see Section 1.a.).
    Diplomatic officials received a written report that in November 
2003, militia soldiers and local officials in Nam Nga village, Lai Chau 
Province, allegedly raped two girls, destroyed several houses, killed 
livestock, and destroyed fences, allowing animals to enter fields and 
trample crops, in an attempt to punish individuals in the village for 
practicing Protestantism (see Section 1.f.).
    Prisoners, including those held for political reasons, were 
reportedly moved arbitrarily to solitary confinement, where they were 
deprived of reading and writing materials, for periods of up to several 
months.
    Prison conditions reportedly often were harsh, but generally did 
not threaten the lives of prisoners. Overcrowding, insufficient diet, 
and poor sanitation remained serious problems in many prisons. Most 
prisoners had access to basic health care. Prisoners generally were 
required to work, but received no wages (see Section 6.c.). During the 
year, visits by select diplomatic observers revealed Spartan, but 
generally acceptable conditions in at least two prisons.
    Men and women were housed separately. Juveniles were housed 
separately from adult populations. Pretrial detainees were generally 
held separately from convicted prisoners and were denied visits from 
family members, though relatives could provide them with money or 
certain supplies. Under revisions to the criminal procedures code that 
came into effect in July, pretrial detainees are allowed access to 
their lawyers from the point of detention; however, bureaucratic delays 
frequently limited initial contact between detainees and their lawyers, 
and some detainees particularly political activists--were not permitted 
regular access by lawyers until shortly before their trials. Unlike in 
previous years, prisoners sentenced to hard labor did not complain that 
their diet and medical care were insufficient to sustain good health. 
Although political and religious prisoners often were held under harsh 
conditions, there was no evidence to suggest their conditions were 
significantly different than those for the regular prison population.
    During the year, the Government permitted selected diplomatic 
observers to visit prisons; however, the Government did not allow the 
International Committee of the Red Cross to visit prisoners.

    d. Arbitrary Arrest or Detention.--The law prohibits arbitrary 
arrest and detention; however, the Government continued to arrest and 
detain citizens for the peaceful expression of their political and 
religious views.
    Domestic police forces are part of the General Department of 
People's Police, a division of the MPS. Police organizations exist at 
the provincial, district, and local levels, and are subject to the 
authority of the people's committees at each level. The police were 
generally effective at maintaining political stability and public 
order, but NGOs assessed police capacities, especially investigative, 
as very low. Police training and resources were inadequate. Corruption 
was a significant problem among the police force at all levels. 
Internal police oversight structures exist and can be effective, but 
they were subject to political influences.
    The Supreme People's Procuracy (public prosecutor) issues arrest 
warrants, generally at the request of police; however, police may make 
an arrest without a warrant on the basis of a complaint filed by any 
party. In such cases, the Procuracy must issue retroactive arrest 
warrants.
    After a suspect is detained, a decision to initiate a formal 
criminal investigation must be issued by a judge within 9 days, or the 
suspect must be released. Under amendments to the Criminal Code which 
took effect in July, this investigative period may last from 3 months 
for ``less serious'' offenses (those that may result in less than 3 
years' imprisonment) to 16 months for ``exceptionally serious'' 
offenses (those that may result in over 15 years' imprisonment, life 
imprisonment, or capital punishment) and an additional 4 months for 
national security cases. The amended code further permits the Procuracy 
an additional 2 months at the end of the investigation to consider 
whether they want to prosecute the detained, or return the case to the 
police for additional investigation. There is no legal limit on the 
time that a judge's panel (a body consisting of at least one judge and 
two lay assessors) has to rule on a case (see Section 1.e.). Time spent 
in pretrial detention usually counted toward time served upon 
conviction and sentencing.
    Amendments to the Criminal Code that took effect in July grant 
defense lawyers access to their clients from the time of detention. 
During the investigative period, the amended code provides that defense 
lawyers be informed of interrogations and be able to attend them and be 
given access to case files and be permitted to make copies of documents 
in it. It was not yet clear whether this was respected in practice. In 
national security cases, defense lawyers are granted access to clients 
only after an investigation has ended. Although the Constitution 
provides for legal counsel for all persons accused of criminal 
offenses, a scarcity of trained lawyers made this provision difficult 
to implement. Counsel generally was provided only to those charged with 
crimes that could lead to life imprisonment or the death penalty. Prior 
to being formally charged, a detainee has a statutory right to notify 
family members, and, in most cases, police informed the family of the 
detainee's whereabouts. Family members may visit a detainee only with 
the permission of the investigator. Prior to July, the MPS usually 
prohibited contact between detainees and their lawyer while the 
procurator's office was investigating.
    Courts may sentence persons to administrative detention of up to 5 
years after completion of a sentence. In addition, according to Article 
22 of the revised Ordinance on Administrative Violations, police or 
mass organizations can propose that five ``administrative measures'' be 
imposed by people's committee chairpersons at local, district, and 
provincial levels without a trial. These measures include terms ranging 
from 6 months to 2 years in either juvenile reformatories or adult 
detention centers and were generally applied to repeat offenders with a 
record of minor offenses such as petty theft or ``humiliating other 
persons.'' People's committee chairpersons can also impose terms of 
``administrative probation'' as defined by Decree 31/CP of 1997. This 
generally has been some form of house arrest. In October 2003, the 
People's Committee Chairman of Ho Chi Minh City sentenced four Unified 
Buddhist Church of Vietnam (UBCV) monks to 2 years' house arrest.
    Citizens seeking to exercise freedom of religion, assembly, and 
expression were at times detained by security forces for several days. 
There were numerous reports that government officials in the Central 
and Northwest Highlands temporarily detained ethnic minority Protestant 
believers. For example, in Sapa District, Lao Cai Province, authorities 
detained without charge numerous ethnic minority Hmong Protestants in 
at least eight different communes during July and August (see Section 
2.c.).
    On occasion, foreign citizens also were detained and interrogated. 
For example, on July 29, U.S. citizen Larry Linh Nguyen was taken from 
a taxi in Ho Chi Minh City and handcuffed and blindfolded by 
individuals who identified themselves as MPS officers. Mr. Nguyen 
reported that he was held for 7 days in an empty house where the 
officers deprived him of sleep and aggressively interrogated him about 
his alleged affiliation with Vietnamese-American political groups 
opposed to the CPV. Mr. Nguyen was reportedly forced to sign and read 
before a video camera an affidavit stating that, if he were released, 
he would not inform diplomatic officials about his detention. U.S. 
citizen Hoang The Lan was detained by public security officers early on 
the morning of August 2 in Soc Trang. He was reportedly taken to a 
house in Ho Chi Minh City were he was interrogated over a period of 4 
days about his involvement with groups that advocate democracy in 
Vietnam. Mr. Hoang was reportedly told by the officers not to contact 
diplomatic officials about his detention. At least one other foreign 
national reported a similar experience, and a second reported a shorter 
period of detention and interrogation.
    At year's end, UBCV leaders and at least one Hoa Hao follower 
remained under formal administrative detention. A number of Buddhist, 
Catholic, and Protestant clerics, as well as some writers and political 
activists, were subject to varying degrees of informal detention in 
their residences (see Sections 2.c. and 2.d.). In addition, activist 
groups have alleged that in 2003 and during the year over 2 dozen 
ethnic minority Protestant leaders were detained for varying periods, 
some may still be detained at year's end.
    The Government amnestied prisoners at several times during the 
year, including an amnesty of 8,623 prisoners to mark the country's 
national day on September 2. Five religious prisoners benefited from 
these amnesties.

    e. Denial of Fair Public Trial.--The Constitution provides for the 
independence of judges and lay assessors; however, in practice, the CPV 
controls the courts at all levels, selecting judges, at least in part, 
for their political reliability. The CPV influenced high-profile cases 
and cases in which a person was charged with challenging or harming the 
CPV or the State. During the year, CPV and government officials likely 
exerted control over court decisions by influencing lay assessors and 
judges.
    The system of appointing judges and lay assessors contributed to 
executive control over the judiciary. The President presents a 
nomination for the Presiding Judge of the Supreme People's Court (SPC) 
to the National Assembly for approval. The President directly appoints 
the other members of the SPC upon the recommendation of a committee 
including the Presiding Judge of the SPC, members of the Ministries of 
the Interior and Defense, the VFF, and the Vietnam Lawyers Association. 
At the provincial and district level, the recommending panel is headed 
by the Chairman of the Provincial People's Council (the provincial 
legislature) and includes members of the Provincial People's Court, 
Provincial Department of Personnel, the VFF, and the Provincial 
Lawyers' Association. Judges are appointed to 5-year terms. Provincial 
and district governments disburse judges' salaries at their respective 
levels. In 2002, the Government transferred authority over local courts 
from the Ministry of Justice to the SPC, in an effort to increase 
judicial independence. There was no evidence that this change had any 
effect on the independence of the courts.
    Courts of first instance at district and provincial levels include 
judges and lay assessors, but provincial appeals courts and the SPC are 
composed of judges only. People's councils appoint lay assessors from a 
pool of candidates suggested by the VFF. Lay assessors are required to 
have ``high moral standards,'' but legal training is not necessary. 
Some international observers suggested that the short terms of 
appointment for judges and lay assessors and the strong representation 
of provincial officials on their nominating boards frequently made 
judges and lay assessors subject to political pressures.
    The judiciary consists of the SPC; the district and provincial 
people's courts; military tribunals; administrative, economic, and 
labor courts; and other tribunals established by law. Each district has 
a district people's court, which serves as the court of first instance 
for most domestic, civil, and criminal cases. Each province has a 
provincial people's court, which serves as the appellate forum for 
district court cases, as well as court of first instance for other 
cases. The SPC is the highest court of appeal and review. The SPC 
reports to the National Assembly. Administrative courts deal with 
complaints by citizens about official abuse and corruption.
    Military tribunals, although funded by the Ministry of Defense 
(MOD), operate under the same rules as other courts. The MOD is 
represented on the judicial selection panels, and the head of the 
military tribunal system is the deputy head of the SPC. Military 
tribunal judges and assessors are military personnel, chosen jointly by 
the SPC and the MOD, but supervised by the SPC. The law gives military 
courts jurisdiction over all criminal cases involving military 
entities, including military-owned enterprises. The military has the 
option of using the administrative, economic, or labor courts for civil 
cases.
    The CPV and the Government have established special committees to 
help resolve local disputes.
    The Supreme People's Procuracy brings charges against an accused 
and serves as prosecutor during trials. Under revisions to the Criminal 
Procedures Code, which took effect in July, courtroom procedures were 
to change from an ``investigative'' system--in which the judge leads 
the questioning--to an ``adversarial'' system--in which prosecutors and 
defense lawyers advocate for their respective sides. This was intended 
to provide more protections for defendants and to prevent judges from 
coercing defendants into confessing guilt. The extent to which this 
change has been implemented in practice was not known at year's end. 
Although the Constitution provides that citizens are innocent until 
proven guilty, some lawyers complained that judges generally presumed 
guilt.
    There was a shortage of trained lawyers and judges, and there was 
no independent bar association. Low judicial salaries hindered efforts 
to develop a trained judiciary. The few judges who had formal legal 
training often had studied abroad in countries with Communist legal 
traditions. A Ministry of Justice newspaper reported that, in some 
courts, as many as 30 to 40 percent of verdicts were incorrect and that 
as many as 50 individuals had been wrongly imprisoned in the first 
quarter of the year. The newspaper noted that, according to 2001 
statistics, 31.2 percent of judgments in criminal cases made by local 
courts had to be re-examined and 46 percent of the verdicts in civil 
cases were wrong.
    Government training programs to address the problem of inadequately 
trained judges and other court officials were underway. Foreign 
governments and the U.N. Development Program (UNDP) provided 
assistance; however, the lack of openness in the criminal judicial 
process and the continuing lack of independence of the judiciary 
hampered progress.
    Trials generally were open to the public; however, judicial 
authorities closed trials or strictly limited attendance in sensitive 
cases. Defendants have the right to be present at their trial and to 
have a lawyer, although not necessarily the lawyer of their choice. 
This right was generally upheld in practice. Defendants unable to 
afford a lawyer were generally only provided one in cases involving 
capital punishment. The defendant or the defense lawyer has the right 
to cross-examine witnesses; however, there were credible reports that 
defendants were not allowed access to government evidence in advance of 
the trial, to cross-examine witnesses, or to challenge statements. 
Lawyers reported that they often had little time before trials to 
examine evidence to be presented against their clients. Convicted 
persons have the right to appeal. Courts did not publish their 
proceedings.
    The Government continued to imprison persons for the peaceful 
expression of dissenting religious and political views. On July 29, 
democracy activist Dr. Nguyen Dan Que was convicted of ``abusing 
democratic freedoms to infringe upon the interests of the State'' and 
sentenced to 30 months' imprisonment. In December 2003, journalist 
Nguyen Vu Binh was convicted of ``spying.'' In June 2003, Dr. Pham Hong 
Son was convicted under the same charge. In 2002, activist Nguyen Khac 
Toan was sentenced to 12 years' imprisonment for spying. Diplomats and 
foreign journalists were refused permission to attend these trials (see 
Section 2.a.).
    There were no reliable estimates of the number of political 
prisoners because the Government usually did not publicize such 
arrests, rejected the concept of political and religious prisoners, and 
sometimes conducted closed trials and sentencing sessions. There were 
at least 9 prisoners known to be held for political reasons and 22 
prisoners reportedly held for religious reasons. Some sources had much 
higher estimates. Among those imprisoned were political activists Dr. 
Nguyen Dan Que, Pham Hong Son, Nguyen Vu Binh, Nguyen Dinh Huy (who 
reportedly was suffering from Parkinson's disease), Nguyen Khac Toan, 
human rights activist Tran Van Luong, scientist and writer Tran Van 
Luong, Nguyen Minh Thi Hoan, and religious persons Father Nguyen Van 
Ly, Thich Thien Minh, Bui Tan Nha, Nguyen Thien Phung, Hoang Trong 
Dung, Vang Chin Sang, Vang Mi Ly, Ly Xin Quang, and Ly Chin Seng.
    The Government claimed that it did not hold any political or 
religious prisoners and that persons described as political or 
religious prisoners were convicted of violating national security laws 
or general criminal laws. As with the general prison population, the 
Government did not allow access by humanitarian organizations to 
political prisoners.
    In March 2003, the Standing Committee of the National Assembly 
instructed that victims of judicial mistakes should receive 
compensation, and amendments to the Criminal Code that took effect in 
July specified procedures for compensating victims. There were no known 
cases of individuals receiving monetary compensation for judicial 
mistakes; however, Luong Huu Phi of Thai Binh Province had a suit 
pending at year's end for having been wrongfully imprisoned for over 5 
years. On July 29, the Hanoi People's Procuracy issued a formal public 
apology to Hoang Minh Tien, who had been wrongly convicted of 
embezzlement and imprisoned for 1 year. Tien was reportedly in 
negotiations about financial compensation.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The Constitution provides for the right to privacy of 
home and correspondence; however, the Government restricted this right 
significantly. Household registration and block warden systems existed 
for the surveillance of all citizens, but usually did not intrude on 
most citizens. The authorities focused on persons whom they regarded as 
having dissenting views, or whom they suspected of involvement in 
unauthorized political or religious activities.
    Forced entry into homes is not permitted without orders from the 
Procuracy; however, in practice, security forces seldom followed these 
procedures but rather asked permission to enter homes, with an implied 
threat for failure to cooperate. Some individuals refused to cooperate 
with such ``requests.'' In urban areas, police generally left when 
faced with noncompliance. In October 2003, security officers entered 
without permission a house in Gia Lai Province where a foreign diplomat 
was conducting a consular interview. The security officers later 
blocked the consular officer from entering residences in Dak Lak 
Province.
    The Government opened and censored targeted persons' mail, 
confiscated packages and letters, and monitored telephone 
conversations, electronic mail, and facsimile transmissions. The 
Government cut the telephone lines and interrupted the cellular phone 
service of a number of religious and political activists and some of 
their family members.
    The Government tightened control of the Internet, issuing a 
regulation that requires Internet agents, such as cyber cafes, to 
register the personal information of their customers and store records 
of Internet sites visited by customers. The Government also monitored 
e-mail, searched for sensitive key words, and regulated Internet 
content (see Section 2.a.).
    The Government did not have a policy of forced resettlement. The 
Government resettled some citizens to make way for infrastructure 
projects. By law, citizens are to be compensated in such cases, but 
there were widespread complaints, including from the National Assembly, 
that compensation was not fair or was delayed. Unlike in previous 
years, there were no reports that officials forced ethnic minority 
Protestants to leave their homes without providing them with 
compensation.
    Membership in the CPV remained an aid to career advancement and was 
vital for promotion to senior levels of the Government; however, 
economic diversification made membership in CPV-controlled mass 
organizations and the CPV less essential to financial and social 
advancement. Opposition political parties were not permitted.
    The Government continued to implement a family planning policy that 
urged families to have no more than two children; this policy 
emphasized exhortation rather than coercion. The Government can deny 
promotions and salary increases to government employees with more than 
two children.
    Local officials harassed some family members of political 
activists. In November 2003, officials reportedly raped two girls in 
Nam Nga village, Lai Chau Province, to punish their families for 
following Protestantism (see Section 1.c.).
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The Constitution provides for 
freedom of speech and freedom of the press; however, the Government 
significantly restricted these freedoms in practice, particularly with 
respect to political and religious speech. Both the Constitution and 
the Criminal Code include broad national security and anti-defamation 
provisions that the Government used to restrict severely such freedoms. 
In 2003, the NGO Reporters Without Borders claimed that the Government 
severely restricted freedom of the press.
    A press law requires journalists to pay monetary damages to 
individuals or organizations harmed as a result of their reporting, 
even if the reports are true. Observers noted that this law limits 
investigative reporting. Several media outlets continued to test the 
limits of government press restriction by publishing articles that 
criticized actions by party and government officials; during the year, 
there were press reports about topics that generally were considered 
sensitive, such as the prosecution on corruption charges of high-
ranking CPV officials. Nonetheless, the freedom to criticize the CPV 
and its senior leadership remained restricted.
    The Government exercised oversight through the Ministry of Culture 
and Information, supplemented by pervasive party guidance and national 
security legislation sufficiently broad to ensure effective self-
censorship by the domestic media.
    In early November, Truong Dinh Anh, the editor of an online 
newspaper, was criticized in official releases by the Ministry of 
Culture and Information for printing readers' comments critical of the 
reported purchase of 78 luxury cars by the Government for use at the 
Asia-Europe Meeting in Hanoi.
    The law allows citizens to complain openly about inefficient 
government, administrative procedures, corruption, and economic policy. 
Senior government and party leaders traveled to many provinces to try 
to resolve citizen complaints. However, in January 2003, the Hanoi 
People's Court sentenced four persons to jail terms ranging from 24 to 
42 months after they disseminated letters denouncing local land 
clearance policies. In August 2003, a court in Dong Nai Province 
sentenced four persons to prison terms of 30 to 42 months for inciting 
fellow farmers to voice complaints over provincial land use policies.
    The Government continued to prohibit speech that questioned the 
role of the CPV, criticized individual government leaders, promoted 
pluralism or multiparty democracy, or questioned the Government's 
policies on sensitive matters such as human rights or the border 
agreement with China. The line between what constituted private speech 
and public speech in those areas continued to be arbitrary. On December 
30, scientists Tran Van Luong and Nguyen Thi Minh Hoan were sentenced 
to 21 and 8 months in prison respectively, for having written essays 
critical of government economic policies. On July 29, democracy 
activist Dr. Nguyen Dan Que was sentenced to 30 months' imprisonment 
for posting an essay on the Internet that called for less government 
censorship. On July 9 and July 14, respectively, activists Tran Khue 
and Pham Que Duong were each sentenced to 19 months' imprisonment 
including time served after petitioning the Government for democratic 
reforms, the establishment of an anti-corruption body, and publication 
of the country's border treaties with China. In November 2003, 
democracy activist and former revolutionary Tran Dung Tien was 
sentenced to 10 months' imprisonment including time served after 
signing a letter that criticized the arrest of Duong and Khue. Tran 
Khue, Pham Que Duong, and Tran Dung Tien had all completed their prison 
sentences and were free at year's end. In December 2003, journalist 
Nguyen Vu Binh was convicted of ``spying'' after he had criticized the 
country's border agreement with China and sent testimony on human 
rights issues in the country to a foreign government. Binh was 
sentenced to 7 years' imprisonment and 3 years' house arrest. The 
sentence was upheld on appeal on May 5. In June 2003, Dr. Pham Hong Son 
was also convicted of ``spying,'' and sentenced to 13 years' 
imprisonment and 3 years' house arrest, later reduced on appeal to 5 
years' imprisonment, after translating an Internet article titled 
``What is Democracy.'' In December 2002, activist Nguyen Khac Toan was 
sentenced to 12 years' imprisonment for ``spying'' after disseminating 
the writings of other democracy activists.
    On June 12, the Government reduced by 5 years the prison sentence 
imposed on Catholic priest Thaddeus Nguyen Van Ly, but added a 5-year 
administrative detention order to be served after his release. Father 
Ly originally was sentenced to 15 years' imprisonment in 2001 for 
``damaging national unity,'' but the sentence stood at 5 years, after 
the June reduction and a similar reduction in 2003. In 2001, Father Ly 
had submitted written testimony critical of the Government to the U.S. 
Commission on International Religious Freedom and frequently spoke out 
for political pluralism and complete religious freedom. In September 
2003, the Ho Chi Minh City People's Court sentenced Father Ly's niece, 
Nguyen Thi Hoa, and two nephews, Nguyen Truc Cuong and Nguyen Vu Viet, 
to sentences ranging from 3 to 5 years' imprisonment for communicating 
information on his activities to foreign journalists. In November 2003, 
the Ho Chi Minh Court of Appeals reduced the sentences of the three 
siblings to time-served.
    The Government restricted persons who belonged to unofficial 
religious groups from speaking publicly about their beliefs (see 
Section 2.c.).
    Some persons who expressed alternative opinions on religious or 
political issues were not allowed to travel abroad (see Section 2.d.).
    The CPV, the Government, and the party-controlled mass 
organizations controlled all print and electronic media.
    Published reports on high-level government corruption and 
mismanagement became more common in recent years. Domestic papers 
reported extensively on the corruption trial of former Ministry of 
Agriculture official La Thi Kim Oanh and the subsequent dismissal of 
the Minister of Agriculture.
    In September, the Government unexpectedly blocked press access to 
the first 2 days of the Asia-Europe People's Forum, an international 
conference on globalization and democracy.
    Foreign journalists must be approved by the Foreign Ministry's 
Press Center and must be based in Hanoi. The number of foreign staff 
allowed was limited, and local staff who worked for foreign media were 
required to be registered with the Foreign Ministry. The Government can 
withhold or withdraw registration. The Press Center monitored 
journalists' activities and decided on a case-by-case basis whether to 
approve interview, photograph, film, or travel requests, all of which 
in principle must be submitted 5 days in advance. The Press Center 
refused requests by foreign journalist to travel to the Central 
Highlands in the immediate aftermath of the April 10 protests in the 
region. By law, foreign journalists are required to address all 
questions to government agencies through the Foreign Ministry, although 
it appeared that this procedure often was ignored in practice. Foreign 
journalists generally received visas valid for 6 months. During the 
year, at least two foreign journalists were threatened with nonrenewal 
of their visas as a result of their reporting.
    The Government generally required religious publishing to be done 
through one government-owned religious publishing house; however, some 
religious groups were able to print their own materials or import them, 
subject to government approval (see Section 2.c.).
    Foreign-language editions of some banned books, such as Duong Thu 
Huong's ``Memories of a Pure Spring,'' were sold openly by street 
peddlers, and Bao Ninh's previously banned book, ``Sorrow of War,'' was 
available in bookstores in Vietnamese-language editions.
    Foreign-language periodicals were widely available in cities; 
however, the Government occasionally censored articles about the 
country. The Government sometimes delayed availability of a foreign 
periodical because of sensitive articles. The Government generally did 
not limit access to international radio, except to Radio Free Asia and 
the Far East Broadcasting Corporation, which it continued to jam. The 
Government also jammed the broadcasts of Radio Sweden, but this 
appeared to be directed at the Far East Broadcasting Corporation, which 
used a similar frequency.
    The law limits access to satellite television to top officials, 
foreigners, luxury hotels, and the press; however, the law was not 
enforced uniformly and an increasing number of persons in urban and 
some rural areas had access to uncensored television footage via home 
satellite equipment or cable. Cable television, including foreign-
origin channels, was available to subscribers living in urban areas, 
although the Government blocked Vietnamese subscribers from receiving 
certain news channels, including CNN and the BBC.
    The Government censored art exhibits, music, and other cultural 
activities. However, the Government generally allowed artists broader 
latitude than in past years in choosing the themes for their works. 
Many artists received permission to exhibit their works abroad and 
received exit permits to attend the exhibits and export permits to send 
their works out of the country.
    The Government only allowed access to the Internet through a 
limited number of Internet Service Providers (ISPs), all of which were 
State-owned joint stock companies.
    In January, the MPS issued a decision forbidding direct access to 
the Internet through foreign ISPs, requiring domestic ISPs to store 
information transmitted on the Internet for at least 15 days, and 
further requiring ISPs to coordinate with the MPS to provide technical 
assistance and work space to public security agents to allow them to 
monitor Internet activities. The decision also requires Internet 
agents--such as cyber cafes--to register the personal information of 
their customers, to store records of Internet sites visited by 
customers for 30 days, and to cooperate with public security officials. 
It was not clear how fully these provisions were being followed in 
practice, although many cyber cafes did not register the personal 
details of their clients.
    The Government used firewalls to block websites it deemed 
politically or culturally inappropriate, including sites operated by 
exile groups abroad. The Government restricted access to the Radio Free 
Asia and Voice of America web sites during the year.
    The Government required all owners of domestic web sites, including 
those operated by foreign entities, to register their sites with the 
Government and to submit their web site content to the Government for 
approval.
    The Government restricted academic freedom, and foreign field 
researchers often were questioned and monitored. However, the 
Government permitted a more open flow of information, including in the 
university system, than in previous years. Local librarians 
increasingly were being trained in professional skills and 
international standards that supported wider international library and 
information exchanges and research. Foreign academic professionals 
temporarily working at universities in the country were allowed to 
discuss nonpolitical issues widely and freely in classes; however, 
government observers regularly attended classes taught by both 
foreigners and citizens. Security officials frequently questioned 
persons who attended programs on diplomatic premises or used diplomatic 
research facilities. Nevertheless, requests for materials from foreign 
research facilities increased. Academic publications usually reflected 
the views of the CPV and the Government.

    b. Freedom of Peaceful Assembly and Association.--The right of 
assembly is restricted in law, and the Government restricted and 
monitored all forms of public protest. Persons who wish to gather in a 
group are required to apply for a permit, which local authorities can 
issue or deny arbitrarily. In general, the Government did not permit 
demonstrations that could be seen as having a political purpose. 
Persons routinely gathered in informal groups without government 
interference; however, the Government restricted the right of some 
unregistered religious groups to gather in worship.
    There were numerous reports from the Northwest Highlands and 
Central Highlands that officials prevented meetings of some Protestant 
believers, or dispersed those meetings when they did occur (see Section 
2.c.).
    On April 10, ethnic minorities conducted unannounced demonstrations 
in numerous locations in the Central Highlands provinces of Dak Nong, 
Dak Lak, and Gia Lai to protest against lack of economic opportunity, 
loss of traditional lands, and restrictions on religion. Some 
protestors also called for the establishment of an independent state in 
the Central Highlands. In some of the demonstrations, individuals 
carried clubs and threw rocks at police officers. The majority of 
protestors were peaceful, and a number of demonstrations involved no 
violence. In a number of cases, police reportedly responded to the 
demonstrations by beating and firing upon protestors. On August 11 and 
12, a court in Buon Ma Thuot sentenced Y Tlup ADrong, Y Yuan Bya, Y 
Hoang BKrong, Y K'rec Bya, Y Kuang E. Cam, Y Tan Nie, Y Nguyen K'doh, Y 
Som H'mok, and Y Bem Nie to between 5 and 12 years' imprisonment for 
having taken part in the protests. In mid-November, a court in Dak Nong 
Province sentenced 17 ethnic Ede to between 3 and 10 years in prison 
for having taken part in the protests. Human rights groups counted at 
least 76 Montagnards sentenced to prison for participating in protests 
in 2001 and during the year, and some observers estimated the figure 
may be considerably higher.
    During the course of the year, peaceful small protests of farmers 
demanding redress for land rights issues frequently took place in front 
of government buildings in Hanoi. Police monitored these protests but 
did not disrupt them.
    The Government restricted freedom of association. The Government 
prohibited the legal establishment of private, independent 
organizations, insisting that persons work within established, party-
controlled mass organizations, usually under the aegis of the VFF. 
However, some entities, particularly unregistered religious groups, 
were able to operate outside of this framework with little or no 
government interference (see Section 2.c.).
    On May 14, a court in Ho Chi Minh City sentenced Nguyen The Hanh to 
2 years in prison for having been involved with Vietnamese-American 
political activist groups during the 2 years he spent outside the 
country.
    On May 4, a group of lawyers and journalists held a public ceremony 
in Hanoi to mark the establishment of ``Lawyers for Justice,'' an 
advocacy group to aid victims of the police or legal injustice. On May 
11, the leaders of the group were called in to meet with the head of 
the Hanoi Bar Association, who declared that their organization was 
illegal and that they must disband or be disbarred. Local newspapers 
and the Ministry of Justice newspaper carried accounts of these 
meetings. Subsequent to the meeting with the head of the Hanoi Bar 
Association, the group effectively disbanded.
    In July, Tran Khue and Colonel Pham Que Duong were convicted in 
separate trials of ``abusing democratic freedoms'' and were both 
sentenced to 19 months' imprisonment including time served (they have 
since been released). In 2001, Khue and Duong sent a letter to the 
party and government leadership seeking permission to form a ``People's 
Association to Support the Party and State to Fight Corruption.'' They 
later set up a web site--which the Government did not block--that 
included contact information, the petition, other documents written by 
various democracy activists and a bulletin board where several 
individuals recorded their reactions to the proposal. The site 
subsequently was removed from the Internet.

    c. Freedom of Religion.--The Constitution and government decrees 
provide for freedom of worship; however, the Government continued to 
restrict significantly organized activities of religious groups that it 
declared to be at variance with state laws and policies.
    According to credible reports, the police arbitrarily detained 
persons based upon their religious beliefs and practice, particularly 
among ethnic minority groups in the Central and Northwest Highlands. In 
2003 and 2002, there were also reports that two Protestants in those 
areas were beaten and killed for reasons connected to their faith (see 
Section 1.a.).
    In June, the National Assembly issued an Ordinance on Belief and 
Religion, which took effect on November 15. However, at year's end, the 
Government had not issued the regulations required to implement the 
ordinance and authorities appeared to continue operating under pre-
ordinance practices. The ordinance largely consolidated already 
existing policies regarding religious organizations in the country, but 
relaxed some controls on the promotion and transfer of clerics, the 
scheduling of religious activities, and the abilities of religious 
groups to carry out charitable functions. However, significant 
limitations remained on religious education and medical and charitable 
work by religious groups.
    The Government still requires religious groups to be registered and 
used this process to control and monitor church organizations. The 
Government officially recognizes Buddhist, Roman Catholic, Protestant, 
Hoa Hao, Cao Dai, and Muslim religious organizations. To obtain 
official recognition, a group must obtain government approval of its 
leadership and the overall scope of its activities. Official approval 
is required for the opening of new places of worship, the ordination of 
clerics, the establishment of religious teaching institutions, and the 
entry of students into those institutions. The Government's approval 
process was slow and non-transparent. Annual activities by 
congregations had to be registered with authorities, and activities not 
on this annual calendar required explicit government approval. 
Officially recognized religious organizations were able to operate with 
varying degrees of freedom throughout the country, and followers of 
these religious bodies were usually able to worship without government 
harassment, except in some isolated provinces.
    In December, the officially-recognized Evangelical Church of 
Vietnam: North (ECVN) held a national convention for the first time in 
20 years. The convention initially had been delayed by refusal by the 
Government to grant permission, and more recently by reluctance of ECVN 
leaders to hold the meeting until they could ensure it would be free 
from government interference. The convention allowed the ECVN to vote 
on a new leadership board, appoint new pastors and begin a renovation 
and expansion program.
    In addition to officially recognized religious denominations, 
numerous unrecognized denominations operated in the country, including 
independent Buddhists, Baptists, Mennonites, Jehovah's Witnesses, 
Mormons, Baha'i, independent Cao Dai and Hoa Hao groups, independent 
Sunni Muslims, and ethnic Cham Hindus. Some unrecognized Protestant, 
Buddhist, and Hoa Hao religious bodies have requested unsuccessfully 
official recognition of their organizations in recent years. Activities 
of unregistered religious groups were considered illegal by the 
authorities, and these groups sometimes experienced harassment. Many 
unregistered churches and temples, especially those in urban areas or 
belonging to traditional Hindu and Muslim groups, were allowed to 
operate without interference. The Government actively discouraged 
contacts between the illegal UBCV and its foreign supporters, and 
between unofficial Protestant organizations, such as the underground 
house churches, and their foreign supporters, although such contacts 
continued. Police routinely questioned some persons who held 
alternative religious or political views, such as UBCV monks and 
certain Catholic priests.
    Despite the restrictions on organized activity, the Government 
generally allowed persons to practice individual worship in the 
religion of their choice, and participation in religious activities 
throughout the country continued to grow significantly.
    Under threat of physical abuse or confiscation of property, some 
ethnic minority Protestants allegedly were made to sign a formal, 
written renunciation or to undergo a symbolic ritual, which reportedly 
included drinking rice whiskey mixed with animal blood. Others refused, 
often with no known negative repercussions.
    The Government sometimes prevented Protestants in the Northwest 
Highlands and the Central Highlands belonging to unregistered 
congregations from gathering to worship, forcing them to worship 
secretly in small family groups. In several Northwest Highlands 
provinces, provincial officials denied the existence of any religious 
believers despite recognition by the Central Government that many 
thousands of unregistered Protestants and Catholics resided there.
    On October 11, police in Ho Chi Minh City disrupted an unregistered 
private bible study seminar and detained 2 unofficial Protestant 
pastors and 17 ethnic Hmong house church leaders from the Northwest 
Highlands. The 17 Hmong were held overnight and then returned to the 
Northwest Highlands. Local officials reportedly interrogated and beat 
some of the pastors upon their return.
    On June 8, in Ho Chi Minh City, Mennonite house church leader 
Nguyen Hong Quang was detained. On November 12, he was sentenced to 3 
years' imprisonment. Five of his followers were sentenced to between 9 
months and 2 years in prison. Quang and his followers apparently were 
convicted as a result of an incident in March in which several of his 
followers confronted and scuffled with plainclothes police officers 
monitoring his residence. However, some observers connected Quang's 
arrest to his broader social activism. During Quang's detention, his 
wife continued to operate their unauthorized church, but repeatedly was 
harassed by police. One of Quang's followers, Le Thi Hong Lien, 
reportedly suffers from mental illness. She was placed in the prison 
infirmary, but the prison did not appear to be able to provide her with 
appropriate care and treatment.
    The international NGO Human Rights Watch reported that security 
forces in Kontum Province demolished the chapel of Mennonite Pastor 
Nguyen Cong Chinh twice during the year. Authorities reportedly based 
their actions on the fact that Chinh had purchased under a false name 
the land on which the chapel was built. Other observers noted that at 
least one other unregistered Protestant church operates a short 
distance away from Chinh's, but suffered no harassment.
    In July and August, authorities reportedly detained without charge 
over 100 Hmong Protestants--choosing 1 member from each Protestant 
family--in at least 5 different communes in Sapa District, Lao Cai 
Province. The authorities attempted to force the detainees to renounce 
Protestantism, releasing them only when they promised to do so. In 
March, police in Kon Tum Province reportedly harassed Protestant 
believers at a house church, seized Bibles, and fined the church 
organizer. Also that month elsewhere in Kon Tum, police reportedly 
detained an unregistered ethnic Gia Rai Protestant pastor three 
different times, beating him and attempting to force him to renounce 
his faith on each occasion. In 2003, there were several reports of 
local officials in Dak Lak and Gia Lai Provinces in the Central 
Highlands forcing ethnic minority Protestants to renounce their faith.
    In some cases, particularly involving Hmong Protestants, when 
authorities prosecuted persons who had organized unauthorized religious 
services, they used provisions of the Penal Code that allow for jail 
terms of up to 3 years for ``abusing freedom of speech, press, or 
religion,'' and terms of up to 2 years for ``causing public disorder.'' 
The Penal Code establishes penalties ranging from 2 to 15 years' 
imprisonment for ``attempting to undermine national unity'' by 
promoting ``division between religious believers and nonbelievers.'' 
Unlike in previous years, there were no reports that officials 
fabricated evidence.
    In December 2003, authorities arrested Hmong house church leaders 
Vang Chin Sang, Vang Mi Ly, Ly Xin Quang, Ly Chin Seng, and Ly Xin Vang 
from Giap Trung village, Ha Giang Province, for leading ``gatherings 
that caused public disorder'' after organizing unauthorized religious 
services on four Sundays and two Thursdays in October and November 
2003. The five Protestants were later sentenced to prison terms ranging 
from 26 to 36 months.
    Government officials denied allegations that Protestant house 
churches were destroyed or disbanded on the basis that the churches 
were unregistered and therefore illegal. In September 2003, police 
reportedly destroyed a small Protestant house church in Ho Chi Minh 
City.
    The Government continued to harass members of the banned UBCV and 
prevented them from conducting independent religious activities, 
particularly outside their pagodas. In September 2003, UBCV leaders met 
in Binh Dinh in what church members characterized as a de facto re-
establishment of the UBCV structure and leadership. Security 
authorities intercepted several UBCV leaders leaving the meeting and 
returned them to their respective pagodas. During the year, several 
UBCV leaders, including Thich Huyen Quang and Thich Quang Do, remained 
confined to their pagodas and had restrictions on their ability to 
travel and meet with followers. In November, Thich Quang Do attempted 
to travel to Quy Nhon Province to visit Thich Huyen Quang, who was 
hospitalized at that time. Thich Quang Do was blocked from doing so and 
was returned to his pagoda in Ho Chi Minh City under police escort. 
However, foreign ambassadors were able to meet with Patriarch Thich 
Huyen Quang in April and November, and a visiting foreign official met 
with Thich Quang Do in November.
    The Government continued to restrict the Roman Catholic Church and 
effectively maintained veto power over Vatican appointments of Catholic 
bishops. The Vatican and the Government reached agreement on mutually 
acceptable candidates, and all bishoprics were filled. The Government 
restricted the number of Catholic seminaries and the size and frequency 
of entering classes, although it did allow an 80 percent increase in 
the number of new students in at least one seminary. The Catholic 
Church believes the number of priests is insufficient to meet the needs 
of believers and has requested permission to increase further the size 
and frequency of classes and open a new seminary. The Government has 
not granted these requests. Candidates to enter seminary must receive 
government approval, and after graduation they must again receive 
government approval before being ordained as priests. A number of 
clergy reported a continued easing of government control over church 
activities in certain dioceses during the year. In many locales, local 
government officials allowed Catholic Church officials to conduct 
religious education classes (outside regular school hours) and some 
charitable activities; however, in other areas, officials strictly 
prohibited these activities. Catholic Church leaders indicated a desire 
to expand charitable activities after a new ordinance on religion took 
effect on November 15; however, this was not possible due to delays in 
the implementation of the ordinance.
    The authorities amnestied imprisoned unregistered Hoa Hao leaders 
Le Quang Liem on August 23; Nguyen Hai Ha, who died 15 days after his 
release, on May 31; and Nguyen Van Lia in September. Other church 
followers remained in prison. Hoa Hao monks and believers following the 
Government approved Hoa Hao Administrative Council (HHAC) were 
generally allowed freedom to practice their faith. Between 100 and 200 
visitors worshipped at the central Hoa Hao Pagoda in An Giang Province 
on a daily basis. Monks and followers who belong to dissident groups or 
decline to recognize the authority of the HHAC suffered more 
restrictions.
    Unregistered Cao Dai sects also were restricted. In August, 
authorities arrested Hong Thien Hank, leader of the small To Dinh Tan 
Chieu Minh sect in Tien Giang Province. The Government claimed that 
Hank had engaged in illegal religious activities, printed and 
distributed religious information without permission, and defrauded 
believers.
    Muslim Association members were able to practice their faith, 
including daily prayer and fasting during the month of Ramadan.
    The Government restricted and monitored all forms of public 
assembly, including assembly for religious activities. Large regularly 
scheduled religious gatherings were allowed, such as the Catholic 
celebrations at La Vang and the Cao Dai celebrations in Tay Ninh 
Province. The Hoa Hao were allowed to hold large public gatherings to 
commemorate some traditional anniversaries, but not others.
    Open adherence to a religious faith generally did not disadvantage 
persons in civil, economic, or secular life, although it likely would 
prevent advancement to the highest government and military ranks. 
Religious practice does not preclude membership in the CPV. Some 
government and CPV officials admitted that they followed traditional 
and Buddhist religious practices.
    Foreign missionaries may not operate as religious workers in the 
country, although many undertook humanitarian or development activities 
with government approval.
    A government publishing house oversees the publishing of all 
religious materials. Many Buddhist sacred scriptures, Bibles, and other 
religious texts and publications, including some in ethnic minority 
languages, were printed by government approved organizations.
    The Government allowed religious travel for some religious persons; 
Muslims were able to take the Hajj (although apparently none did so 
during the year due to lack of foreign financial support), and more 
Buddhist, Catholic, and Protestant officials were able to travel and 
study abroad. The Government allowed many bishops and priests to travel 
freely within their dioceses and allowed greater, but still restricted, 
freedom for travel outside these areas, particularly in ethnic areas. 
Many Protestant house church leaders traveled overseas during the year. 
Government officials discouraged officially recognized clergy from 
entering Son La Province, Lai Chau Province, and some other 
``sensitive'' ethnic-minority highlands border provinces.
    Persons who were religious practitioners in a non-State recognized 
group sometimes were not approved for foreign travel. On August 29, 
unregistered Protestant pastor Tran Mai was detained for 8 days after 
he allegedly committed immigration law violations when he returned to 
the country through Cambodia. In detention, Mai reportedly was 
interrogated about his religious activities and connections to 
imprisoned Mennonite pastor Nguyen Hong Quang. Protestant pastors 
Nguyen Lap Ma and Nguyen Nhat Thong were restricted from traveling or 
had to request permission from authorities to travel (see Section 
2.d.).
    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 that citizens 
``shall enjoy freedom of movement and of residence within the country--
(and) freely travel abroad and return home--in accordance with the 
provisions of the law;'' however, the Government imposed some limits on 
freedom of movement. Some local authorities required some members of 
ethnic minority groups to obtain permission to travel outside certain 
highland areas, including in some cases travel outside their own 
villages.
    On September 6, the Prime Minister's office released a decision 
requiring citizens and resident foreigners to obtain a permit to visit 
border areas, defense facilities, industrial zones involved in national 
defense, areas of ``national strategic storage,'' and ``works of 
extreme importance for political, economic, cultural and social 
purposes.''
    Local officials reportedly informally discouraged some clergy from 
traveling domestically, even within their own provinces.
    Officially, citizens had to obtain permission to change their 
residence. In practice, many persons continued to move without 
approval, especially migrant or itinerant laborers moving from rural 
areas to cities in search of work. Moving without permission hampered 
persons in obtaining legal residence permits. Foreign passport holders 
by law must register to stay in private homes; and local authorities at 
times refused to allow foreign visitors to stay with friends and 
family. Citizens are also required to register with local police when 
they stay overnight in any location outside of their own homes; the 
Government appeared to have enforced these requirements more strictly 
in some districts of the Central and Northwest Highlands. Police in 
Hanoi and Ho Chi Minh City used that requirement on two occasions to 
detain groups of ethnic Hmong house church leaders participating in 
private bible-study seminars and return them to their home provinces 
(see Section 2.c.).
    Authorities barred travel by foreign diplomats to the Central 
Highlands after protests took place in the region on April 10. On and 
after April 26, diplomats and international press were allowed into the 
Central Highlands on several visits. During these visits they were 
received by local authorities and closely monitored by and prevented 
from deviating from set itineraries by men in plainclothes. Foreign 
diplomats visiting the Northwest Highlands were prevented by police 
from traveling to some areas.
    Although the Government no longer required citizens traveling 
abroad to obtain exit or reentry visas, the Government sometimes 
refused to issue passports. The Government did not allow some persons 
who publicly or privately expressed critical opinions on religious or 
political issues to travel abroad.
    Citizens' access to passports sometimes was constrained by factors 
such as bribery and corruption. Refugee and immigrant visa applicants 
sometimes encountered local officials who arbitrarily delayed or denied 
passports based on personal animosities, on the officials' perception 
that an applicant did not meet program criteria, or to extort a bribe. 
Unlike in previous years, there were no reports that Protestant pastors 
who had served time in reeducation camps were denied passports. Some 
family members of ethnic minorities granted refugee status abroad were 
reissued household registration papers with the missing member removed. 
In other cases family members of refugees were unable to obtain 
passports to reunite abroad.
    The Constitution does not provide for forced internal or external 
exile; however, cases amounting to de facto exile exist. In October 
2003, several UBCV leaders were forcibly returned to their home pagodas 
and placed under official or unofficial house arrest there (see Section 
2.c.). Protestant pastor Nguyen Lap Ma has been forced to reside in an 
isolated village in Can Tho Province since 1982, but authorities have 
allowed him to travel to Ho Chi Minh City for monthly medical check-ups 
since he suffered a stroke in 1998. Another Protestant pastor, Nguyen 
Nhat Thong, has been forced to reside in a remote village in Binh Thuan 
Province since 1979. He has been allowed to travel outside the village 
since 1986, but must ask for the permission of local authorities each 
time. On January 26, Protestant pastor Tran Dinh Ai, a Vietnamese 
citizen and frequent critic of the Government now living abroad, was 
refused entry into the country at Ho Chi Minh City's Tan Son Nhat 
Airport.
    The United States continued to process immigrants and refugee 
applicants for admission and resettlement, including Amerasians, former 
reeducation camp detainees, former U.S. government employees, family 
reunification cases, and returnees from camps of first asylum elsewhere 
in the region (under the Resettlement Opportunity for Vietnamese 
Returnees program). Most of these programs were closed to new 
applicants nearly a decade ago, with the number of cases in some 
categories now in the low double digits. (An exception was the 
Amerasian program, which remained open to new applicants; however, this 
program remains on hold pending new adjudication guidelines.)
    The Government generally permitted citizens who had emigrated 
abroad to return to visit. Officially, the Government considers anyone 
born in the country to be a citizen, even if they have acquired another 
country's citizenship, unless a formal renunciation of citizenship has 
been approved by the President. However, in practice, the Government 
usually treated overseas Vietnamese as citizens of their adopted 
country. Emigrants were not permitted to use Vietnamese passports after 
they acquired other citizenship. The Government generally encouraged 
visitation by such persons, but sometimes monitored them carefully.
    Following the April 10 protests in the Central Highlands a number 
of Montagnards hid in forests and rubber plantations, and some 
attempted to flee across the border into Cambodia (see Section 2.b.). 
Vietnamese police attempted to block these potential refugees and 
reportedly crossed the border into Cambodia. The U.N. High Commissioner 
for Refugees (UNHCR) sought to monitor conditions in the Central 
Highlands without restriction to ensure the safety of returned 
refugees. The Government did not allow this access. Thirteen potential 
refugees who received UNHCR protection in Phnom Penh independently 
returned to Vietnam in October. According to Vietnamese authorities, 
the 13 returned safely to their homes. However, newspapers later 
printed accounts that made it clear that the 13 had been interrogated 
extensively by authorities upon their return.
    On March 12, Pham Van Tuong, a former UBCV monk known as Thich Tri 
Luc, was convicted by a court in Ho Chi Minh City of ``fleeing abroad 
or defecting to stay overseas with a view to opposing the people's 
administration,'' and sentenced to 20 months imprisonment, including 19 
months time served. Released March 26, he left for another country in 
June, where he was granted refugee status.
    The country is not a signatory to the 1951 U.N. Convention Relating 
to the Status of Refugees or its 1967 Protocol. In July, international 
NGOs and press reports speculated that the Government allowed more than 
450 North Koreans illegally present in Vietnam to travel to South 
Korea. Reports from similar sources in August stated that as many as 
100 North Korean refugees had been forcibly returned to China.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The Constitution does not provide the right for citizens to change 
their government peacefully, and citizens could not freely choose and 
change the laws and officials that govern them. All authority and 
political power is vested in the CPV, and the Constitution delineates 
the leadership of the CPV. Political opposition movements and other 
political parties are illegal. The CPV Politburo is the supreme 
decision-making body in the nation, although it technically reports to 
the CPV Central Committee. During the first session of the Ninth 
Congress of the CPV in April 2001, the CPV replaced the standing board 
with a Secretariat consisting of at least 11 members, to oversee day-
to-day implementation of leadership directives.
    The Government continued to restrict public debate and criticism to 
certain aspects of individual, state, or party performance determined 
by the CPV itself. No public challenge to the legitimacy of the one-
party State is permitted; however, there were instances of unsanctioned 
letters critical of the Government from private citizens, including 
some former senior party members, which circulated publicly.
    The Government strongly encouraged eligible citizens to vote in 
elections. Revisions to the Law on Election of Deputies to People's 
Councils, issued by the National Assembly in November 2003, provided 
for higher numbers of female and minority candidates, more candidates 
per position, and fewer party members standing for seats in people's 
council elections at all levels. Nonetheless, the party-controlled VFF 
approved all candidates for people's councils, as it did for national 
and provincial assembly elections. Although voting is not compulsory, 
election officials applied many means to persuade citizens to vote, 
including using public address systems to ask late voting citizens by 
name to come to the polls. The Government claimed a 99.7 percent voter 
turnout for the April people's councils election. Proxy voting, while 
illegal, appeared widespread. In addition, most voting was over by 
10:00 a.m., although polls were required to stay open until 7:00 p.m.
    The National Assembly, although subject to the control of the CPV 
(all of its senior leaders and 90 percent of its members were party 
members), increasingly served as a forum for the expression of local 
and provincial concerns and as a critic of corruption and inefficiency. 
However, it did not initiate legislation and did not pass legislation 
that the CPV opposed. CPV officials occupied most senior government and 
National Assembly positions and continued to have the final say on key 
issues. Legislators continued to question and criticize ministers in 
biannual National Assembly sessions that were broadcast live on 
television.
    Corruption continued to be a major problem. The Government 
publicized efforts to fight corruption, including publicizing budgets 
at different levels of government and streamlining government 
inspection measures. Cases of government officials accused of 
corruption were broadcast widely, including the trial of senior 
Ministry of Agriculture official La Thi Kim Oanh, the arrest of nine 
Ministry of Trade officials, and the removal of several top district 
officials from Phu Quoc island. Two Deputy Ministers of Agriculture 
convicted of ``dereliction of duty'' in the Oanh case had their 
sentences reduced from imprisonment to probation after the Minister of 
Agriculture testified on their behalf. A requirement announced on March 
17 that candidates for people's councils publicly declare their assets 
was quietly scrapped a short time later.
    In accordance with the amended Law on Promulgation of Legal 
Normative Documents, the Official Gazette published most legal 
documents in its daily publication.
    The law provides the opportunity for equal participation in 
politics by women and minority groups. Women held a number of important 
government positions, including the Vice Presidency. There were 136 
women in the 498-seat National Assembly; there were 3 women at the 
ministerial level; however, there were no female members of the 
Politburo. There were only a few women in provincial-level leadership 
positions.
    There were 87 ethnic minority members in the 498-seat National 
Assembly and 2 ethnic minority members serving in cabinet-level 
positions. The CPV General Secretary is a member of the Tay ethnic 
minority group; however, the number of minorities in government or 
national-level politics did not accurately reflect their percentage of 
the population.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    The Government does not permit private, local human rights 
organizations to form or operate. The Government generally did not 
tolerate attempts by organizations or individuals to comment publicly 
on government human rights practices and used a wide variety of methods 
to suppress domestic criticism of its human rights policies, including 
surveillance, limits on freedom of assembly, interference with personal 
communications, and detention. However, the Southern Evangelical Church 
of Vietnam (SECV) and Catholic Church did not suffer any apparent 
adverse consequences from widely publicized 2003 letters to the 
Government criticizing alleged religious oppression of ethnic 
minorities in the Central Highlands.
    The Government generally prohibited private citizens from 
contacting international human rights organizations, although some 
activists did so. The Government did not allow visits by international 
NGO human rights monitors; however, it did allow representatives from 
the press, the U.N., foreign governments and international development 
and relief NGOs to visit the Central Highlands in April and May. The 
Government criticized almost all public statements on human rights 
issues by international NGOs and foreign governments.
    The Government generally was willing to discuss human rights 
problems bilaterally with some foreign governments. During the year, 
several foreign governments held official talks concerning human 
rights.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The Constitution prohibits discrimination based on gender, 
ethnicity, religion, or social class; however, enforcement of these 
prohibitions was uneven. Some persons formerly interned in reeducation 
camps on the basis of association with the pre 1975 government 
continued to report varying levels of discrimination as they and their 
families sought access to housing, education, and employment. Some 
military veterans of the pre-1975 government still faced economic 
hardship as a result of past employment restrictions and 
discrimination, but none were known still to be incarcerated for their 
activities before 1975. These veterans and their families generally 
were unable to obtain employment with the Government. This prohibition 
was less restrictive than in previous years because of the growth of 
job opportunities in the private sector.

    Women.--The Penal Code proscribes punishment ranging from warnings 
to up to 2 years' imprisonment for ``those who cruelly treat persons 
dependent on them''; however, the police and legal system were 
generally not equipped to deal with cases of domestic violence. 
Officials increasingly acknowledged domestic violence, which also was 
discussed more openly in the media. Domestic violence against women 
reportedly was common. Hotlines for victims of domestic violence run by 
domestic NGOs exist in some major cities, and the Vietnam Women's 
Union, a mass organization guided by the CPV, introduced small projects 
to counter domestic violence in some areas. Approximately two-thirds of 
divorces reportedly were due in part to domestic violence. The divorce 
rate has risen in the past few years, but many women remained in 
abusive marriages rather than confront the social and family stigma and 
economic uncertainty of divorce.
    Under the Penal Code, it is a crime to use violence, threaten 
violence, take advantage of a person who is unable to act in self-
defense, or resort to trickery to have sexual intercourse with a person 
against that person's will. This appears to criminalize rape, spousal 
rape, and, in some instances, sexual harassment; however, there were no 
known instances of prosecution for spousal rape. NGOs and party-
controlled mass organizations took some steps to establish shelters for 
victims of abuse and trained police to deal with domestic violence.
    Prostitution is officially illegal but appeared to be tolerated 
widely. Some women were coerced to work as prostitutes, and some were 
victimized by false promises of lucrative work (see Section 5, 
Trafficking). Many more women felt compelled to work as prostitutes 
because of poverty and a lack of other employment opportunities. 
Estimates varied widely, but some NGOs estimated that there were 
300,000 prostitutes in the country, including those who engaged in 
prostitution part-time or seasonally. There were reports in 2003 that 
some persons in Ho Chi Minh City addicted young women to heroin and 
forced them to work as prostitutes to earn money for drugs. Parents 
often expected an eldest daughter to assume responsibility for a 
significant part of a family's finances. There were reports that some 
parents coerced daughters into prostitution or made extreme financial 
demands that compelled them to engage in prostitution. The Vietnam 
Women's Union as well as international NGOs engaged actively in 
education and rehabilitation programs to combat these abuses.
    While there is no legal discrimination, women faced deeply 
ingrained societal discrimination. Despite provisions in the 
Constitution, in legislation, and in regulations that mandate equal 
treatment, few women competed successfully for higher status positions. 
The Constitution provides that women and men must receive equal pay for 
equal work; however, the Government did not adequately enforce this 
provision. Despite the large body of legislation and regulations 
devoted to the protection of women's rights in marriage as well as in 
the workplace, and Labor Code provisions that call for preferential 
treatment of women, women did not always receive equal treatment. 
Nevertheless, women played an important role in the economy and were 
engaged widely in business and in social and educational institutions. 
Opportunities for young professional women have increased markedly in 
the past few years, with greater numbers of women entering and staying 
in the civil service, universities, and the private sector.
    The VFF-controlled Women's Union has a broad agenda to promote 
women's rights, including political, economic, and legal equality, and 
protection from spousal abuse. The Women's Union operated micro-credit 
consumer finance programs and other programs to promote the advancement 
of women. International NGOs and other international organizations 
regarded the Union as effective, but they and Women's Union 
representatives believed that more time is required to overcome 
societal attitudes that relegated women to lower status than men. The 
Government also has a committee for the advancement of women, which 
coordinated inter-ministerial programs that affected women.

    Children.--International organizations and government agencies 
reported that, despite the Government's promotion of child protection 
and welfare, children continued to be at risk of economic exploitation. 
While education is compulsory through the age of 14, the authorities 
did not enforce the requirement, especially in rural areas where 
government and family budgets for education were strained and where 
children were needed for agricultural labor. Due to lack of classroom 
space, most schools operated two sessions, and children attended either 
morning or afternoon classes. Some street children both in Ho Chi Minh 
City and Hanoi participated in night education courses. The culture's 
strong emphasis on education led parents who could send children to 
school to do so, rather than to allow them to work. The public school 
system includes 12 grades. Over 90 percent of children attended primary 
grades; however, the percentage that attended lower and upper secondary 
school was much lower. While secondary school enrollments have 
increased sharply, they were still at less than 75 percent of eligible 
students for lower secondary and less than 50 percent for upper 
secondary. Enrollments were lower at all educational levels in remote 
mountainous areas, although the Government ran a system of subsidized 
boarding schools through the high school level for ethnic minority 
students. Religious groups operated some orphanages, despite the 
Government's prohibition on such activities, and sent the children to 
public schools during the day.
    The Government continued a nationwide immunization campaign, and 
the government-controlled press regularly stressed the importance of 
health and education for all children. While reports from domestic 
sources indicated that responsible officials generally took these goals 
seriously, concrete actions were constrained by severely limited 
budgets. According to UNICEF, despite growth in incomes over the past 
decade, severe malnutrition remained a problem; approximately 39 
percent of children under 5 years of age were underweight during the 
1995-2000 timeframe.
    Widespread poverty contributed to continued child prostitution, 
particularly of girls, but also of some boys, in major cities. Many 
prostitutes in Ho Chi Minh City were under 18 years of age. Some child 
prostitutes, such as those from abusive homes, were forced into 
prostitution for economic reasons.
    Some children were trafficked domestically and others were 
trafficked to foreign destinations for the purpose of sexual 
exploitation. Press reports documented the conviction and imprisonment 
of a number of traffickers (see Section 5, Trafficking). Individuals 
also were convicted in cases in which parents received payments in 
exchange for giving up their infant children for adoption. In addition, 
small children and infants were sometimes kidnapped and sold to 
traffickers in China. In July, police in Hanoi arrested a woman 
suspected of kidnapping six children in the impoverished provinces of 
Thanh Hoa and Nghe An for sale in China. Mass organizations and NGOs 
continued to operate limited programs to reintegrate trafficked 
children into society. During the year, new programs designed to 
provide protection and reintegration assistance for trafficking victims 
through psychosocial support and vocational training, as well as to 
supplement regional and national prevention efforts by targeting at-
risk populations for similar services, started operation in the north 
of the country.
    According to the Ministry of Labor, Invalids, and Social Affairs 
(MOLISA), there were 21,869 street children in the country as of 
February 2003. Street children were vulnerable to abuse and sometimes 
were abused or harassed by police. International NGOs documented 
numerous cases of Cambodian children trafficked to Ho Chi Minh City for 
short-term work in begging rings. Police picked up street children in 
Hanoi and Ho Chi Minh City and held them in juvenile detention 
facilities in advance of the December 2003 Southeast Asia Games.

    Trafficking in Persons.--The Penal Code prohibits trafficking in 
women and children; however, trafficking in women and children for the 
purpose of sexual exploitation was a serious problem. There were no 
known cases of trafficking in persons for labor during the year. While 
reliable statistics on the number of citizens trafficked were not 
available, there was evidence that the number has grown in recent 
years. The Social Evils Department of the MOLISA and the Criminal 
Police Department of the MPS were the main government agencies involved 
in combating trafficking, in cooperation with the Ministry of Justice, 
the Women's Union, and the Border Guards. The police took an 
increasingly active role in investigating trafficking during the year, 
including establishing a dedicated anti-trafficking force.
    During the year, the Government increased its efforts to prosecute 
traffickers. The law provides for prison sentences of 2 to 20 years for 
each offense for persons found guilty of trafficking women, and for 
between 3 years and life in prison for each offense for persons found 
guilty of trafficking children. Hundreds of traffickers have been 
convicted and imprisoned. The Government worked with international NGOs 
to supplement law enforcement measures and cooperated with other 
national governments to prevent trafficking. It also cooperated closely 
with other countries within the framework of INTERPOL and its Asian 
counterpart. The country hosted an international conference in February 
on trafficking and human smuggling as part of the Bali Process.
    The country was a source for trafficking in persons. Women were 
trafficked primarily to Cambodia and China for sexual exploitation and 
arranged marriages. According to one report, between 1990 and 2000, 
approximately 20,000 young women and girls were sent to China to become 
brides, domestic workers, or prostitutes; however, it was not clear how 
many were victims of trafficking. Between 1995 and 2000, approximately 
5,000 women and children were trafficked to and escaped from Cambodia. 
Some women also were trafficked to Singapore, Hong Kong, Macau, 
Thailand, Taiwan, the United Kingdom, and the United States. There also 
were reports that some women going to Taiwan, Hong Kong, Macau, and 
China for arranged marriages were victims of trafficking. The 
Government estimated that approximately 10 percent of women in arranged 
marriages with Chinese men may have become trafficking victims. Women 
and children also were trafficked within the country, usually from 
rural to urban areas. There were no incidents of trafficking of adult 
males domestically or abroad during the year.
    Some children were trafficked domestically and others were 
trafficked to foreign destinations for the purpose of prostitution. An 
NGO advocate estimated that the average age of trafficked girls was 
between 15 and 17 years of age. Some reports indicated that the ages of 
girls trafficked to Cambodia typically were even lower.
    Provincial- and national-level authorities made combating 
trafficking in women and children a priority. In September 2003, the 
Deputy Prime Minister held a high-level meeting of all relevant 
agencies to assess anti-trafficking efforts and to chart a course 
forward. As a result of that meeting, MPS coordinated the Government's 
interagency anti-trafficking efforts.
    There were reports that some women from Ho Chi Minh City and the 
Mekong Delta who married men from Taiwan were forced into prostitution 
after their arrival in Taiwan. There was reported trafficking in women 
to the Macau Special Administrative Region of China with the assistance 
of organizations in China that were ostensibly marriage service 
bureaus, international labor organizations, and travel agencies. After 
arrival, women were forced into conditions similar to indentured 
servitude; some were forced into prostitution. In 2002, the Government 
suspended the licenses of marriage mediation services and transferred 
their function to the Women's Union. The services had helped to arrange 
marriages between women and foreigners, primarily Taiwanese men. 
Government officials still noted that it is difficult to obtain 
information from Taiwanese officials on cases of alleged trafficking in 
Taiwan. During the year, the Ho Chi Minh City Women's Union established 
a pilot program to counsel and assist women who plan to become overseas 
brides.
    Poor women and teenage girls, especially those from rural areas, 
were most at risk for being trafficked. MPS and UNICEF research 
indicated that trafficking victims can come from any part of the 
country, but were concentrated in certain northern and southern border 
provinces as well as the central province of Thanh Hoa. Some were sold 
by their families as domestic workers or for sexual exploitation. In 
some cases, traffickers paid families several hundred dollars in 
exchange for allowing their daughter to go to Cambodia for an 
``employment offer.'' Many victims faced strong pressure to make 
significant contributions to the family income. Others were offered 
lucrative jobs by acquaintances. False advertising, debt bondage, 
confiscation of documents, and threats of deportation were other 
methods commonly used by the traffickers, spouses, and employers.
    Individual opportunists and informal networks, as well as some 
organized groups, lured poor, often rural, women with promises of jobs 
or marriage and forced them to work as prostitutes (see Section 5, 
Women). The Government stated that organized criminal groups were 
involved in recruitment, transit, and other trafficking-related 
activities.
    Corruption was a serious problem at all levels, and some officials 
were involved in the flow of overseas workers into exploitative 
conditions or into trafficking. There were no cases in 2003 indicating 
that governmental authorities or security forces facilitate or condone 
trafficking in persons. However, the Government has a persistent 
problem with corruption, which is particularly severe among street-
level police and border agents. There were several cases in 2003 in 
which officers in state-owned enterprises were found to have 
facilitated illegal migration through labor export. The Government 
prosecuted these cases. In May 2003, three officials from the 
Employment Service Center of the Administration Department of the 
General Staff Department of the Ministry of Defense (MOD) were found to 
have participated in a scheme to send workers to Malaysia, where they 
were exploited. One of them was prosecuted by the local police in Thai 
Binh Province and the two others by MOD's Criminal Investigation 
Division. Also in 2003, the press also reported that the Acting Chief 
of the Center for Development and Application of Technology and 
Science--an NGO supported in part by the Government--was sentenced to 9 
years in prison for involvement in a predatory labor export scheme.
    Official institutions, including the MOLISA, the Women's Union, the 
Youth Union, and the Committee for Population, Family, and Children, 
had active programs aimed at prevention and victims' protection. These 
programs included warning women and girls of these dangers, 
repatriation programs, and vocational training for teenage girls in 
communities considered vulnerable to trafficking. Government agencies 
worked closely with the International Organization for Migration and 
other international NGOs to provide temporary shelter, some medical 
services, education, credit, counseling, and rehabilitation to returned 
trafficking victims.
    Throughout the year, security agencies with border control 
responsibility have also received training in investigative techniques 
that can be used to prevent trafficking.

    Persons With Disabilities.--The law requires the State to protect 
the rights and encourage the employment of persons with disabilities; 
however, the provision of services to persons with disabilities was 
limited. Responsible government agencies worked with domestic and 
foreign organizations to provide protection, support, physical access, 
education, and employment. The Government operated a small network of 
rehabilitation centers to provide long-term in-patient physical 
therapy.
    Educational opportunities for children with disabilities were poor, 
but improving. Just over 10 percent of children with disabilities were 
enrolled in school. During the year, the Government worked with the 
World Bank and international NGOs to train additional teachers for 
students with disabilities.
    The law provides for preferential treatment for firms that recruit 
persons with disabilities for training or apprenticeship and for fines 
on firms that do not meet minimum quotes of 2 to 3 percent of their 
workforce for workers with disabilities; however, the Government 
enforced these provisions unevenly. Firms with 51 percent disabled 
employees can qualify for special government-subsidized loans. In 2002, 
the Ministry of Construction enacted the ``Barrier-Free Design and 
Construction Code'' and ``Standards for Access for People with 
Disabilities,'' which requires that the construction or major 
renovation of new government and large public buildings include access 
for persons with disabilities. The Ministry of Construction trained 
architects and engineers in the new requirements. At year's end, the 
Government was developing an enforcement and compliant process to 
support these new codes.
    International groups also assisted the Government in implementing 
programs to increase access by persons with disabilities to education 
and employment.

    National/Racial/Ethnic Minorities.--Although the Government 
officially was opposed to discrimination against ethnic minorities, 
longstanding societal discrimination against ethnic minorities was 
widespread. In addition, there continued to be credible reports that 
local officials sometimes restricted ethnic minority access to some 
types of employment and educational opportunities. The Government 
continued to implement policies to narrow the gap in the standard of 
living between ethnic groups living in the highlands and richer, 
lowland ethnic majority Kinh by granting preferential treatment to 
domestic and foreign companies that invested in highland areas. The 
Government ran special schools for ethnic minorities in many provinces, 
including subsidized boarding schools at the high school- and middle 
school-levels, and offered special admission and preparatory programs 
as well as scholarships at the university level.
    The Government resettled some ethnic minorities from inaccessible 
areas to locations where basic services were easier to provide; 
however, the resettlement sometimes diluted political and social 
solidarity of these groups. The Government acknowledged that one of the 
goals of resettlement was to impel the minorities to change from 
traditional swidden agricultural methods to sedentary agriculture. This 
also had the effect of making more land available to ethnic majority 
Kinh migrants to the mountainous areas. In August, the Government 
announced a suspension of state-sponsored migration programs to bring 
settlers to the Central Highlands, and vowed to discourage spontaneous 
migration into the area. However, in September, provincial officials 
said that they were not aware of a change in migration policy. Large-
scale migration of ethnic Kinh to the Central Highlands in past years 
led to numerous land disputes between ethnic minority households and 
ethnic Kinh migrants. The loss of traditional ethnic minority lands to 
Kinh migrants was an important factor behind the ethnic unrest in the 
Central Highlands in 2001 and during the year.
    There were numerous credible reports that groups of Montagnards 
continued to flee to Cambodia to escape ethnic and religious repression 
in the Central Highlands. These numbers increased after the April 10 
demonstrations. Government officials continued to harass some highland 
minorities, particularly the Hmong in the northwest provinces and 
several ethnic groups in the Central Highlands, for practicing their 
Protestant religion without official approval (see Section 2.c.).
    The Government continued to impose extra security measures in the 
Central Highlands, especially after the April demonstrations. There 
were numerous reports of Montagnards seeking to cross into Cambodia 
being returned to Vietnam by Vietnamese police operating on both sides 
of the border, sometimes followed by beatings and detentions; however, 
the Government continued to implement measures to address the causes of 
the unrest and initiate new measures as well. The Government allocated 
land to ethnic minorities in the Central Highlands through a special 
program; however, there were complaints that some of the allocated land 
was poor (see Section 2.d.).
    The Government continued a program to conduct classes in some local 
ethnic minority languages up to grade five. The Government worked with 
local officials to develop a local language curriculum. The Government 
appeared to implement this program more comprehensively in the Central 
Highlands than in the mountainous northern provinces. The Government 
broadcast radio and television programming in ethnic minority languages 
in some areas. The Government also instructed ethnic Kinh officials to 
learn the language of the locality in which they worked; however, 
implementation was not widespread. Provincial governments implemented 
initiatives designed to increase employment, reduce the income gap 
between ethnic minorities and ethnic Kinh, and be sensitive and 
receptive to ethnic minority culture and traditions.

    Other Societal Abuses and Discrimination.--There was no evidence of 
official discrimination against persons with HIV/AIDS; however, there 
remains substantial societal discrimination against persons with HIV/
AIDS.
Section 6. Worker Rights
    a. The Right of Association.--Workers are not free to join or form 
unions of their choosing. Trade unions are controlled by the CPV. All 
unions must be approved by and must affiliate with the party-controlled 
Vietnam General Confederation of Labor (VGCL). The VGCL claimed that it 
represented 95 percent of public sector workers and 90 percent of 
workers in state-owned enterprises. Approximately 500,000 union members 
worked in the private sector, including enterprises with foreign 
investment. The vast majority of the workforce lived in rural areas, 
engaged in small-scale farming, and was not unionized. The overall 
level of unionization of the workforce was 10 percent.
    Union leaders influenced key decisions, such as the amendment of 
labor legislation, development of social safety nets, and the setting 
of health, safety, and minimum wage standards. However, the VGCL 
asserted that authorities did not prosecute some violations of the 
Labor Law. For example, workers at Thien An Company Ltd in Ho Chi Minh 
City conducted three strikes during the year, complaining that the 
company repeatedly violated the labor law on matters of wages and 
social insurance. Authorities took no legal action against the company.
    While the Labor Law states that all enterprise-level and 
professional trade unions are affiliated with the VGCL, in practice 
hundreds of unaffiliated ``labor associations'' were organized at many 
individual enterprises and in occupations such as taxi, motorcycle and 
cyclo drivers, cooks, and market porters. The ILO and the UNDP 
cooperated on a large multiyear technical assistance program to 
strengthen labor law implementation. This involved projects that 
encouraged job promotion for young women and improvements in 
occupational safety and health, among other objectives. The ILO was 
also implementing two projects on eliminating child labor and improving 
industrial relations, including collective bargaining and dispute 
settlement. In December, the country held its first national dialogue 
on industrial relations.
    The Labor Law prohibits antiunion discrimination on the part of 
employers against employees who seek to organize.
    Individual unions legally are not free to affiliate with, join, or 
participate in international labor bodies; however, the VGCL had 
relations with 95 labor organizations in 70 countries.

    b. The Right to Organize and Bargain Collectively.--Under the law, 
the provincial or metropolitan branch of the VGCL was responsible for 
organizing a union within 6 months of the establishment of any new 
enterprise, and management is required to cooperate with the union. The 
Labor Law provides VGCL-affiliated unions the right to bargain 
collectively on behalf of workers.
    The Labor Law provides for the right to strike if workers follow 
the stipulated process of conciliation and arbitration. The law 
requires that management and labor first attempt to resolve labor 
disputes through the enterprise's own labor conciliation council. 
However, many enterprises did not have labor conciliation councils. In 
the absence of such a council or if a council fails to resolve a labor 
dispute, the dispute is referred to labor arbitration successively at 
the district and provincial levels. Individual workers may take cases 
directly to the people's court system, but in most cases, only after 
conciliation has been attempted and failed. Unions have the right to 
appeal decisions of provincial labor arbitration councils to provincial 
people's courts or to strike. Because this process was lengthy and the 
necessary dispute resolution bodies in many provinces and localities 
have never been established, nearly every strike became de jure 
illegal.
    According to the Ministry of Labor, 60 strikes took place in the 
first 6 months of the year. In 2003, 119 strikes occurred, an increase 
of 43 over the 2002 number. Of these, 81 were against foreign-invested 
enterprises, 35 involved domestic private enterprises, and 3 affected 
state-owned firms. Other sources reported 14 strikes against state-
owned firms. For example, in September 2003, nearly 400 workers at a 
company in Ho Chi Minh City blocked the entrance to the factory over 
unpaid salaries. Also in September 2003, 300 workers demonstrated at 
another Ho Chi Minh City factory to protest harsh working conditions. 
Although strikes typically did not follow the authorized conciliation 
and arbitration process, and thus were of questionable legality, the 
Government tolerated them and took no action against the strikers. 
Although the VGCL or its affiliate unions did not sanction these 
strikes officially, the local and provincial levels of the VGCL 
unofficially supported many of them. The Labor Law prohibits 
retribution against strikers, and there were no reports of retribution. 
In some cases, the Government disciplined employers for the illegal 
practices that led to strikes. For example, Tuoi Tre newspaper reported 
that in 2002 Doanh Duc Company Ltd. fought with workers who had struck 
against the company's violations of the labor law. A Government 
inspection team later investigated the incident and ordered the company 
to compensate injured workers and asked the police to take measures 
against the employer.
    The Labor Law prohibits strikes in 54 occupational sectors and 
businesses that serve the public or are considered by the Government to 
be important to the national economy and defense. A subsequent decree 
defined these enterprises to be those involved in: Electricity 
production; post and telecommunications; railway, maritime, and air 
transportation; banking; public works; and the oil and gas industry. 
The law also grants the Prime Minister the right to suspend a strike 
considered detrimental to the national economy or public safety.
    The same labor laws in effect for the rest of the country govern 
the growing number of export processing zones and industrial zones. 
There was anecdotal evidence that the Government enforced labor laws 
more actively in the zones than outside them.

    c. Prohibition of Forced or Compulsory Labor.--The Labor Law 
prohibits all forms of forced and compulsory labor, including by 
children; however, there were reports that thousands of children worked 
in exploitative situations (see Section 6.d.). Some women were coerced 
into prostitution (see Section 5).
    Prisoners routinely were required to work for little or no pay. 
They produced food and other goods used directly in prisons or sold on 
local markets reportedly to purchase items for prisoners.
    A government ordinance requires all male citizens between 18 and 45 
years of age and women between 18 and 35 years of age to perform 10 
days of annual public labor; however, this ordinance was rarely 
enforced. The ordinance also allows citizens to find a substitute or 
pay a marginal fee instead of working.

    d. Prohibition of Child Labor and Minimum Age for Employment.--
Child labor was a problem. The Labor Law prohibits most child labor, 
but allows exceptions for certain types of work. The law sets the 
minimum age for employment at 18 years of age, but enterprises may hire 
children between the ages of 15 and 18 if the firm obtains permission 
from parents and the MOLISA. The ILO reported in 2001 that 
approximately 20,000 children between the ages of 8 and 14 years worked 
part-time or full-time in violation of the Labor Law. That estimate may 
be low, since many more children worked in the informal sector, usually 
on family farms or in family businesses not within the scope of the 
Labor Law.
    By law, an employer must ensure that workers under 18 years of age 
do not undertake hazardous work or work that would harm their physical 
or mental development. Prohibited occupations are specified in the 
Labor Law. The Labor Law permits children to register at trade training 
centers, a form of vocational training, from 13 years of age. Children 
may work a maximum of 7 hours per day and 42 hours per week and must 
receive special health care.
    There were reports that enterprises, including companies with 
foreign investment, have discovered underage workers in their employ. 
According to reliable sources, this usually occurred because the worker 
had presented false identity documents. Once discovered, the children 
lost their jobs, but in many cases the companies paid for their 
schooling and promised to reemploy them once they were of age.
    In rural areas, children worked primarily on family farms and in 
other agricultural activities. In some cases, they began work as young 
as 6 years of age and were expected to work as adults by the time they 
were 15 years of age. In urban areas, children also work in family-
owned small businesses. Migration from rural to urban settings 
exacerbated the child labor problem as unauthorized migrants were 
unable to register their households in urban areas. This meant that 
their children could not attend public schools and families had less 
access to credit. Officials said that juveniles in Education and 
Nourishment Centers, which functioned much as reform schools or 
juvenile detention centers do elsewhere, were assigned work for 
``educational purposes.''
    A study of child labor in Ho Chi Minh City found cases in which 
parents in poor families entered into ``verbal agreements'' with 
employers, who then put their children to work; the children's salaries 
were sent directly to the parents.
    Government officials have the power to fine and, in cases of 
Criminal Code violations, prosecute employers who violate child labor 
laws. While the Government committed insufficient resources to enforce 
effectively laws providing for children's safety, especially for 
children working in mines and as domestic servants, it detected some 
cases of child exploitation, removed the children from the exploitative 
situations, and fined the employers. International donor assistance 
targeted the problem of child labor. In addition, a child labor unit 
was established within the MOLISA.
    The law prohibits forced and compulsory labor by children; however, 
thousands of children worked in exploitative situations and were 
trafficked both domestically and internationally for the purpose of 
sexual exploitation (see Section 5).

    e. Acceptable Conditions of Work.--The Labor Law requires the 
Government to set a minimum wage, which is adjusted for inflation and 
other economic changes. The official monthly minimum wage for foreign-
investment joint ventures was $40 (626,000 dong) in urban districts of 
Hanoi and Ho Chi Minh City; $35.90 (556,000 dong) in rural districts of 
Hanoi, Ho Chi Minh City, and districts of Hai Phong, Bien Hoa City, and 
Vung Tau City; and $31.40 (487,000 dong) elsewhere. The Government may 
temporarily exempt certain joint ventures from paying the minimum wage 
during the first months of an enterprise's operations or if the 
enterprise is located in a very remote area, but the minimum wage in 
these cases can be no lower than $29.90 (417,000 dong). The official 
monthly minimum wage of the State sector was $18.80 (290,000 dong). 
This amount remained inadequate to provide a worker and family a decent 
standard of living. The new salary policy benefited over 6 million 
persons, including 300,000 public servants working in administrative 
organizations, CPV bodies, and unions. However, state-owned enterprises 
consistently paid more than that minimum wage. The number of workers 
who received government-subsidized housing decreased. Many workers 
received bonuses and supplemented their incomes by engaging in 
entrepreneurial activities. Households frequently included more than 
one wage earner.
    The Government set the workweek for government employees and 
employees of companies in the state sector at 40 hours and encouraged 
the private business sector and foreign and international organizations 
that employed local workers to reduce the number of hours in the 
workweek to 40 hours, but did not make compliance mandatory.
    The Labor Law sets normal working hours at 8 hours per day, with a 
mandatory 24-hour break each week. Additional hours require overtime 
pay at 1.5 times the regular wage, two times the regular wage on weekly 
days off, and three times the regular wage on holidays and paid leave 
days. The law limits compulsory overtime to 4 hours per week and 200 
hours per year. Amendments to the Labor Law in 2002 provide for an 
exception in special cases where this maximum can be up to 300 overtime 
hours worked annually, subject to stipulation by the Government after 
consulting with the VGCL and employer representatives. The law also 
prescribes annual leave with full pay for various types of work. It was 
unclear how well the Government enforced these provisions.
    According to the law, a female employee who is engaged, pregnant, 
on maternity leave, or is raising a child under 1 year of age cannot be 
dismissed unless the enterprise is closed. Female employees who are at 
least 7 months pregnant or are raising a child under 1 year of age 
cannot work overtime, at night, or in distant locations.
    The Labor Law requires the Government to promulgate rules and 
regulations that ensure worker safety. The MOLISA, in coordination with 
local people's committees and labor unions, is charged with enforcing 
the regulations. In practice enforcement was inadequate because of low 
funding and a shortage of trained enforcement personnel. The VGCL 
reported that there were 300 labor inspectors in the country, but that 
at least 600 were needed. On-the-job injuries due to poor health and 
safety conditions in the workplace were a problem. According to MOLISA 
statistics, there were 4,089 injuries and 513 fatalities resulting from 
3,896 work-related accidents (some involving multiple workers) in 2003; 
however, there was evidence that workers, through labor unions, were 
effective in improving working conditions. Some foreign companies with 
operations in the country have established independent monitoring of 
problems at their factories. Companies reported that the MOLISA or 
provincial labor agencies performed labor and occupational safety and 
health inspections at enterprises when they learned of serious 
accidents or when there were reports of hazardous conditions.
    The Labor Law provides that workers may remove themselves from 
hazardous conditions without risking loss of employment; it was unclear 
how well this stipulation was enforced in practice. MOLISA states that 
there have been no worker complaints of employers failing to abide by 
it.
                           EUROPE AND EURASIA

                              ----------                              


                                ALBANIA

    Albania is a republic with a multiparty Parliament, and a Prime 
Minister and a President both elected by Parliament. The Prime Minister 
heads the Government; the Presidency is a largely ceremonial position 
with limited executive power. In 2003, local elections were held 
throughout the country, which were judged to be an improvement over 
previous elections, with only a few isolated incidents of 
irregularities and violence. The Constitution provides for an 
independent judiciary; however, corruption and political pressure 
limited its ability to function independently and efficiently.
    Local police units report to the Ministry of Public Order and are 
responsible principally for internal security. The military forces have 
a special 151-person ``commando'' unit, which operates in an 
antiterrorist role under the Minister of Defense. During times of 
domestic crisis, the law allows the Minister of Public Order to request 
authority over this unit. The State Intelligence Service (SHISH) is 
responsible for both internal and external intelligence gathering and 
counterintelligence. Civilian authorities generally maintained 
effective control over the security forces. Some members of the 
security forces committed human rights abuses.
    The country had a mixed economy that was in transition from central 
economic planning to a free market system. The country continued to 
experience slow but steady economic progress; the economy grew by 6 
percent. However, approximately 25 percent of the population of 
approximately 3.1 million lived below the poverty line. According to 
the Government, the unemployment rate was 15.2 percent; however, some 
unofficial reports put it as high as 22 percent. The average inflation 
was 3.2 percent and public sector wages increased by 10 percent.
    The Government generally respected the human rights of its 
citizens; however, there were serious problems in several areas. Police 
beat and abused suspects, detainees, and prisoners. Prison conditions 
remained poor. The police occasionally arbitrarily arrested and 
detained persons, and prolonged pretrial detention was a problem. 
Official impunity was a problem. The Government occasionally infringed 
on citizens' privacy rights. Political interference in the media 
occurred less frequently than in previous years. Police reportedly used 
excessive force against protestors. Individual vigilante action, mostly 
related to traditional blood feuds, resulted in some killings and an 
atmosphere of fear in some areas of the country. Societal violence and 
discrimination against women and children were serious problems. 
Societal discrimination against Roma, the Egyptian community, and 
homosexuals persisted. Child labor was a problem. Trafficking in 
persons remained a problem, which the Government took some steps to 
address.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Arbitrary or Unlawful Deprivation of Life.--There were no 
political killings; however, security forces killed one person during 
the year.
    In July, Erigert Ceka, a 17-year-old minor, died as a result of 
being beaten by police while in detention. As a result of the death, 
the prosecutor initiated criminal proceedings against two police guards 
who were charged with committing ``arbitrary actions.'' In November, 
one guard was sentenced to a 6-month prison term for committing 
arbitrary actions in violation of the law while escorting detainees, 
and in December, the other police guard was sentenced to an 8-month 
prison term for violating the rules of guard service under the military 
code and misuse of duty. The cases were being appealed at year's end; 
however, the court did not hold anyone accountable for Ceka's death.
    Unlike in previous years, there were no reported deaths due to land 
mines. However, there were six deaths from mine-related accidents 
including a cluster bomb in a training facility that killed two and 
injured several, and a antitank mine that killed four others, three of 
whom were children.
    The country continued to experience high levels of violent crime. 
Many killings continued to occur as the result of individual or clan 
vigilante actions connected to traditional ``blood feuds'' or criminal 
gang conflicts. According to the Ministry of Public Order, at least 10 
individuals were killed during the year in blood feuds, which are based 
on the medieval Code of Lek Dukagjini (the kanun), which was practiced 
by individuals particularly in the northern part of the country. Under 
the kanun, only adult males are acceptable targets for blood feuds; 
however, women and children often were killed or injured in the 
attacks. As a result of blood feuds, during the year, 670 families were 
self-imprisoned, 650 families accepted legal procedures rather than 
personal vendettas for resolving the conflict, and 54 families were 
living under protection outside of the country; 160 children were 
prevented from attending school due to fear of revenge, of which 73 
were considered to be in serious danger. This was a decrease from 2003 
when it was estimated that there were 1,370 families self-imprisoned at 
home and 711 children prevented from attending school due to fear of 
revenge. Land property conflicts and issues related to human 
trafficking remained the main reasons forcing families to enter into 
blood feuds. In August, Emin Spahija, the head of the Non-Government 
organization (NGO) Peace Missionaries League that worked exclusively on 
blood feud issues, was murdered near his house in the city of Shkodra. 
Police have not apprehended any suspects in the murder.
    Blood feud cases were adjudicated in the Court of Serious Crimes. 
Cases of blood killings carry a sentence of 20 years or life 
imprisonment. Although blood feud prosecution rates were not available, 
estimates indicated that 60 to 65 percent of all cases were brought to 
court and nearly all of them ended up at the appellate level.

    b. Disappearance.--There were no reports of politically motivated 
disappearances.
    Three former officials of the SHISH, who were arrested in 2003 in 
connection with the kidnapping of Ziso Kristopulli and Remzi Hoxha in 
1995, were released (one in 2003 and two in May) for lack of evidence 
and the case was suspended. Although Kristopulli was eventually 
released, the whereabouts of Hoxha remained unknown.
    Human rights groups, including the Albanian Helsinki Committee 
(AHC) and the Albanian Human Rights Group (AHRG), have questioned the 
release of the SHISH officials and the suspension of the disappearance 
case. In November, the NGOs organized a press event and Amnesty 
International wrote a letter to the Prime Minister requesting that the 
case be reopened. No actions have taken place so far.

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The Constitution prohibits such actions; however, the 
police at times beat and tortured suspects. The AHC and the AHRG 
continued to report that police forces nationwide used torture and 
inhumane or excessive treatment; however, both noted that the number of 
cases decreased during the year. According to the AHRG, most 
mistreatment took place at the time of arrest or initial detention. 
Roma and members of the Egyptian community were particularly vulnerable 
to police abuse (see Section 5).
    In February, according to the AHRG, Niko Puriqi accused the Permeti 
Chief of Criminal Police of beating him during pretrial detention. The 
police medical examiner verified Puriqi's allegations. Puriqi initially 
was accused of theft, although the police later dismissed the charges. 
In March, the Chief of Criminal Police received a warning.
    In October, Stathi Lako, a 31-year-old man from Korca, was detained 
and allegedly mistreated in pretrial detention by three police officers 
and the Chief of Office of Serious Crimes, Bajram Hyka. According to 
AHC, Lako's involvement with Hyka's daughter was the reason for the 
detention. The prosecutor's office has not initiated an investigation 
of the case.
    In June, Beqir Kaba filed a complaint based on allegations of 
illegal arrest and maltreatment by two police officers of Dibra police 
commissariat. Following the Ombudsman Office's intervention, the two 
police officers were temporarily suspended from work.
    In December 2003, the investigation into the 2003 beating of Behar 
Dedolli by the police was transferred to the military police and later 
suspended due to lack of evidence.
    In 2003, Romeno Nexhipi alleged that Fier police beat him after 
they asked him to accompany them to the police station. He was sent to 
the hospital for treatment, then taken to the police station where he 
was held overnight. Nexhipi was subsequently charged with disturbing 
the peace and assaulting a police officer; however, the case was 
suspended at the year's end.
    Alnor Hasa, former Chief of Criminal Police accused of beating a 
detainee in 2002, was sentenced to 2 years' imprisonment. There were no 
developments in the April 2002 Pergjini assault case, which alleged 
that three brothers were arrested and beaten by police in reprisal for 
a dispute with the officers. The 2002 Azgan Haklaj assault case, in 
which charges were filed against four police officers accused of 
assaulting Haklaj during his 2001 arrest, was suspended by the 
prosecutor's office during the year.
    At times police abused and tortured juvenile detainees (see Section 
1. a.). According to the Children's Rights Center of Albania (CRCA), 
police sometimes used threats, violence, and torture to extract 
confessions from minors. In 2003, according to the AHRG, police used 
violent means against three minors from Korca, who were witnesses in a 
trial, in order to manipulate their testimony to favor the prosecutor. 
No actions were taken against the police officers. The prosecutor 
charged Gjergji Dabulla with the trafficking of the three minors and 
continued to use evidence in the case allegedly extracted from the 
minors by violent means.
    The AHRG claimed that police targeted the country's homosexual 
community. According to the General Secretary of Gay Albania, the 
police often arbitrarily arrested homosexuals and then physically and 
verbally abused them while they were in detention. In October, the 
General Secretary of Gay Albania claimed that he was refused 
citizenship because he was homosexual.
    There were reports that police beat protesters during the year (see 
Section 2.b.).
    Conditions inside the prisons and detention centers remained poor, 
despite government efforts to address problems such as poor facilities 
and overcrowding as well as efforts to transfer convicted inmates from 
detention centers to prisons. According to the European Union's 
Judicial Reform, Asylum and Migration Operations Section, detainees had 
limited access to bathroom and showering facilities, and insufficient 
food; in some cases, space and privacy limitations kept them from 
engaging in religious practices. Access to employment opportunities for 
prisoners did not exist. The prison staff was poorly trained. During 
the year, prisoners and detainees rioted in Vlora, Lezha and Lac and 
held hunger strikes in pretrial detention centers in Elbasan, Corovoda, 
Korca, Malesia e Madhe and in prisons in Tirana and Burrel to protest 
poor living conditions, slowness of prisoner transfers from pretrial 
detention cells to prison facilities and the absence of prison 
employment. There were no reports of injuries or death from riots.
    Overcrowding remained a serious problem. This caused substandard 
living conditions for prisoners and significant security problems for 
the police forces. According to the Ministry of Public Order the 
country's overall space capacity for all pretrial detention facilities 
amounted to 803, but the actual number of detainees was 1,239. In July, 
the Ministry of Justice decided to transfer all convicted felons to 
prisons; however, 188 convicted felons still remained in pretrial 
detention centers at year's end.
    Unlike in previous years, no felons committed suicide.
    The transfer of jurisdiction from the Ministry of Public Order to 
the Ministry of Justice of all pretrial detention centers mandated by a 
2001 law was only partially fulfilled with the pretrial detention 
centers of Tirana and Vlora transferred to the Ministry of Justice by 
year's end.
    Police separated men from women in pretrial detention centers and 
prisons. According to NGOs monitoring prison conditions, Prison 325 for 
women in Tirana lacked facilities for newborns of those women prisoners 
who were pregnant at the time of incarceration. Pretrial detainees were 
not separated from convicted prisoners, and juvenile detainees were not 
separated from adults due to overcrowding.
    The Ministry of Justice reported that 49 minors were serving prison 
sentences: 31 in pretrial detention centers in the Ministry of Justice-
run centers in Tirana and Vlora and 18 in Vaqarr--the only prison in 
the country that has a special wing for juveniles. Overall, there were 
39 minors held in pretrial detention centers excluding those in Tirana 
and Vlora. The CRCA noted that juveniles at Vaqarr were mixed with 
adult prisoners for showers and leisure activities. As a result, there 
were several reports of sexual abuse of juveniles during the year. 
According to the CRCA, all minors were denied education in the pretrial 
detention system; the Government had not responded to the concern by 
year's end.
    Unlike in previous years, there were no minor girls serving 
sentence in Prison 325 for women.
    The Government permitted international human rights observers to 
visit both pretrial detention centers and prisons; there were no 
reports of refusals to permit access for inspections by domestic 
independent human rights monitors. The Government cooperated with the 
International Committee of the Red Cross (ICRC) and with other NGOs.

    d. Arbitrary Arrest or Detention.--The Constitution prohibits 
arbitrary arrest and detention; however, the police occasionally 
arbitrarily arrested and detained persons.
    According to the Ministry of Public Order, there were 12,132 police 
officers in the Albanian State Police (ASP); the majority of police 
officers remained largely untrained, despite assistance received from 
foreign governments. A new restructuring of the ASP created two deputy 
directorates: One for operations and the other for administration. 
Operational Directorates included: Organized Crime and Witness 
Protection; Fight Against Terrorist Acts and Cold Cases; Public Order 
and Security; Territorial Control and Coordination; and Border Police 
and Migration. The overall performance of law enforcement remained 
weak. Unprofessional behavior and corruption remained major impediments 
to the development of an effective civilian police force. According to 
the Ministry of Public Order, only 40 percent of police officers 
received training beyond basic training. The State Police's Office of 
Internal Control could engage in the prevention, discovery and 
documentation of criminal activity committed by police and, during the 
year, pursued investigations leading to the arrest of 52 police 
officials and the dismissal of 323 for various degrees of misconduct.
    In its yearly tabulations, the People's Advocate--a government 
ombudsman charged with investigating citizen complaints of public 
officials' wrongdoing--reported that it handled 2,520 complaints, 
requests, and notifications related to all forms of public corruption 
and misconduct. Of those, 19 percent were determined to be legitimate 
and were forwarded to the appropriate authorities for further 
investigation. Among these 2,520 cases, the People's Advocate received 
25 complaints against police officers for excessive force or 
maltreatment and determined that 7 were valid, 4 were outside their 
jurisdiction, 13 were groundless, and 1 was withdrawn; however, no 
further information on their status was available.
    Corruption remained a problem among police forces and low salaries 
and widespread corruption throughout society made the problem difficult 
to combat. The State Police Office of Internal Control reported 223 
cases of corruption to the Prosecutor's Office involving 230 police 
officers; 32 officers were arrested.
    The 1995 Penal Procedures Code sets out the rights of detained and 
arrested persons. By law, a police officer or prosecutor may order a 
suspect into custody. Detained persons must be informed immediately of 
the charges against them and of their rights and a prosecutor must be 
notified immediately after the police detain a suspect. Within 48 hours 
of the arrest or detention, a suspect must appear before a judge. The 
judge has an additional 48 hours to determine whether the suspect may 
continue to be detained. In some cases, detained persons have been kept 
in pretrial detention longer than 48 hours without a court decision on 
whether the prosecutor has sufficient evidence.
    The court may order pretrial detention in especially serious cases 
that could pose a danger to society. Alternatively, a suspect may be 
placed under house arrest. Bail may be required if the judge believes 
that the accused otherwise may not appear for trial.
    Legal counsel must be provided free of charge if the defendant 
cannot afford a private attorney; however, this right was not widely 
known and police often failed to inform suspects of it. Access to legal 
information remained difficult for citizens. There were numerous cases 
in which persons were illegally detained and were unable to contact 
their private attorneys. In some cases, the detainees, minors included, 
were interrogated without their defense attorneys present. The services 
offered by the state bar association were considered inadequate and at 
times lacking in professionalism.
    During the year, the People's Advocate cited nine complaints of 
arbitrary arrests and illegal detention by the police, and specified 
that some of the complaints had merit and were forwarded to the 
prosecutor's office.
    The Penal Procedures Code requires completion of pretrial 
investigations within 3 months; however, the prosecutor may extend this 
period by 3-month intervals in particularly difficult cases. Lengthy 
pretrial detention as a result of delayed investigations remained a 
serious problem. The accused and the injured party have the right to 
appeal these extensions to the district court. Some prisoners were held 
in pretrial detention even after their trial.
    There were no confirmed cases of detainees held strictly for 
political reasons. The charges against Ekrem Spahia, Chairman of the 
Legality Movement Party, in connection with the 1998 murder of a 
Democratic Party parliamentarian were subsequently dropped because he 
had parliamentary immunity, while the trial of 12 of his supporters 
remained pending at year's end.

    e. Denial of Fair Public Trial.--The Constitution provides for an 
independent judiciary; however, because of political pressure, 
intimidation, widespread corruption, bribery, and limited resources, 
much of the judiciary was unable to function independently and 
efficiently.
    Tension continued between the police, prosecutors, and the 
judiciary particularly outside Tirana. Each side cited the failures of 
the other as the reason criminals avoided imprisonment; the courts 
accused the prosecutors and police of failing to provide the solid 
investigation and evidence necessary to prosecute successfully, and the 
police alleged that corruption and bribery tainted the courts. The 
Judicial Police were responsible, under the direction of prosecutors, 
for developing investigations initially conducted by the police.
    The judicial system is composed of district courts of first 
instance, six courts of appeal, military courts of first instance and 
of appeal, and the High Court. There is also a separate and independent 
Constitutional Court. The High Court hears appeals from both the 
district courts and the courts of appeal, while the Constitutional 
Court primarily reviews those cases involving constitutional 
interpretation and conflicts between branches of government, and cases 
of individuals alleging denial of due process. The Serious Crimes Court 
and Serious Crime Court of Appeal became operational during the year 
and focused on increasing the effectiveness of the fight against 
organized crime and serious crimes and improving the quality of 
adjudication.
    The President heads the High Council of Justice, which has 
authority to appoint, discipline, and dismiss judges of the courts of 
first instance and of the courts of appeal. Judges who are dismissed 
have the right to appeal to the High Court. In addition to the 
President, the Council consists of the Minister of Justice, the head of 
the High Court, nine judges of all levels selected by the National 
Judicial Conference, and three members selected by Parliament.
    The President of the Republic appoints the 17 members of the High 
Court and the 9 members of the Constitutional Court with the consent of 
Parliament. Parliament has the authority to approve and dismiss the 
judges of the Constitutional Court and the judges of the High Court. 
According to the Constitution, dismissal may be ordered based on 
violation of the Constitution, conviction of a crime, mental or 
physical incapacity, or commission of an act that seriously discredits 
judicial integrity and reputation. The dismissed judges have the right 
to appeal to the Constitutional Court.
    The performance of the Bailiffs Office, the body that ensures that 
civil judgments are enforced, despite some improvements was poor and, 
as a result, many civil judgments were not implemented.
    The country has no juvenile justice system, and children's cases 
frequently were presented to judges who had not received any education 
in juvenile justice. According to the CRCA, recent increases in the 
length of sentences given to juveniles were due to lack of training of 
judges in juvenile law.
    The Constitution provides for the right to a speedy trial; however, 
limited material resources, lack of space, and case overload in many 
instances prevented the court system from processing cases in a timely 
fashion. Long case backlogs were typical, and resulted in suspects 
being detained for longer than legal limits (see Section 1.d.). 
Defendants, witnesses, and others who do not speak Albanian are 
entitled to the services of a translator. Defendants are entitled to a 
lawyer, and, under the law, the Government provides lawyers for 
indigent defendants, although the quality of representation varied. If 
convicted, the accused has the right to appeal the decision within 10 
days to the Court of Appeals. During the year, a number of trials, 
including some of the country's most important ones, were held in 
absentia, for example: The trial against Altin Arapi, the alleged 
murderer of the driver of the Prosecutor General; the trial against 13 
members, 7 of them in absentia, that organized trafficking in persons 
in January that resulted in the death of 29 persons; and the ``Gaxhai'' 
trial against 5 gang members, 4 of whom were being tried in absentia.
    The trial system does not provide for jury trials; the prosecutor 
and the defense lawyer have the right to be present in front of a panel 
of three judges, and defendants have the right to all the evidence that 
will be considered by the judges.
    There were no reports of political prisoners.
    In July, the Parliament approved a new law on the restitution and 
compensation of the properties confiscated during the Communist regime. 
Some former landowners, including religious communities, questioned the 
law's limitation on property restitution to 60 hectares in total. The 
Government has not established a monetary fund to be used for the 
purpose of compensation. The Ombudsman received 33 complaints related 
to property compensation disputes during the year.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The Constitution prohibits such actions; however, at 
times, the Government infringed on these rights.
    In June, 51 Roma families were forced to abandon their homes, 
because they blocked the implementation of the local municipality's 
territory regulation plan.
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 media was active and 
largely unrestrained; however, there were serious, fundamental problems 
with the use of the media for political purposes. Political 
interference in the media occurred less frequently than in previous 
years. Publishers and newspaper owners continued to edit news stories 
to serve their own political and economic interests and sometimes to 
block ones that ran counter to those interests. Journalists continued 
to practice self-censorship. There was little transparency in the 
financing of media outlets.
    Political parties, trade unions, and various societies and groups 
published their own newspapers or magazines. The independent media was 
active, but was constrained by limited professionalism and lack of 
finances. An estimated 200 publications were available, including daily 
and weekly newspapers, magazines, newsletters, and pamphlets. Three 
newspapers were published in Greek in the southern part of the country, 
and 15 Greek papers and magazines were distributed throughout the 
south; these dailies and weeklies had very small circulation figures.
    The Albanian Radio and Television (RTSh) was the sole public 
broadcaster (30 percent of its budget came from the Government, 70 
percent from private sources), and it continued to devote most of its 
coverage to the Government. RTSh includes a national television channel 
and a national radio channel. National radio operated a foreign 
language service that broadcasted in seven languages, including Greek.
    Television was highly influential; approximately 80 percent of the 
public obtained its news and information from television. Television 
programming included some responsible journalism; however, political 
affiliation was pervasive in programming. Despite some improvements, 
the majority of stations were one-sided in their political coverage.
    The National Council of Radio and Television (NCRT)--a seven-member 
bipartisan body elected by the Parliament, with one appointment by the 
President--governed broadcasting issues. The chairman of the Council 
resigned in the summer, citing pressure from powerful broadcasters.
    Unlike in previous years, physical violence was not used against 
journalists.
    In January, two reporters of Top Channel were detained briefly for 
secretly filming the Prime Minister in the public domain.
    In February, security forces detained two ALSAT TV journalists for 
several hours and confiscated their videotape of the Prime Minister 
visiting a hospital.
    Unlike in previous years, no television licenses were revoked for 
political reasons.
    In May, a group of journalists and editors issued a press release 
in which they raised concerns about the Government's efforts to 
restrict press freedom. They argued that the Government's arbitrary use 
of financial audits and lawsuits against journalists restricted freedom 
of the press; however, the Government's position was that the 
complaints were generated by ire at more effective tax collection.
    Journalists also raised complaints about direct or indirect 
censorship by their publishers or editors because of political or 
commercial pressure or interests. The absence of employment contracts 
for many journalists was cited as a frequent hindrance to unconstrained 
reporting. Some media outlets complained that increased frequency of 
tax auditing conducted at their offices was in retaliation for 
reporting critical of government policies. From March to May and again 
in September, the tax auditing office conducted tax inspections of the 
newspaper Koha Jone.
    Libel carries criminal sentences, from a fine to 2 years 
imprisonment. There were a number of high-profile libel suits during 
the year involving politicians and well-known journalists. For example, 
in January, Prime Minister Nano sued the publisher and Member of 
Parliament Nikolle Lesi for libel for claims published in an edition of 
his newspaper, Koha Jone, alleging that the Prime Minister 
inappropriately awarded himself and his advisers an additional 5 months 
worth of salary. The first instance court ruled in favor of the Prime 
Minister; however the case was pending hearing in the appellate court 
at year's end.
    In May, the Xhoana Nano, the wife of the Prime Minister, lodged a 
request with the High Court to lift the parliamentary immunity of 
Nikolle Lesi in order to pursue criminal charges against him for 
publishing unflattering stories about her in his newspaper, Koha Jone. 
In September, the High Court ruled in favor of the Prime Minister's 
spouse; however, in November, Parliament reversed the decision.
    Former Minister of Youth, Culture, and Sport Arta Dade and Minister 
of Local Government Ben Blushi sued Democratic Party Chairman Sali 
Berisha for libel, and the publishing company that owns the magazine 
Spekter sued columnist Fatos Lubonja for libel; Lubonja previously 
wrote for the magazine. These cases were pending in the Tirana District 
Court or Court of Appeals at year's end. In December, the Chairman of 
the New Democrat Party, Genc Pollo, won a libel case against Farudin 
Arapi, Chairman of the Pyramid Schemes Assets Commission.
    In July, the Democratic Party of Albania cancelled private NEWS 24 
TV's accreditation with the party and denied it access to the party's 
headquarters for allegedly providing biased reporting. The AHC 
denounced the decision as a violation of the Constitution. The case was 
pending at year's end.
    The Government did not restrict access to the Internet; however, 
Internet access remained limited especially outside the capital. The 
Government at times restricted academic freedom. For example, Professor 
Doka was dismissed as chief of the University of Tirana's Geography 
Department for having an ``antinationalistic approach in his work'' for 
publishing an atlas which broadened the geographical minority zones. 
The Government also, after initial availability, banned publication of 
the atlas.

    b. Freedom of Peaceful Assembly and Association.--The Constitution 
provides for freedom of assembly, and the Government generally 
respected this right in practice.
    The law requires organizers to notify state police about gatherings 
in public places 3 days before the protests. The police may refuse to 
permit them only for reasons of national security and public security, 
the prevention of terrorist acts, the prevention of crime, the 
protection of health or morals, or for traffic reasons; there were no 
reports that such denials were made arbitrarily.
    There were a few instances where the police maltreated protesters 
during the year. In April, protesters clashed with police over the 
compensation of former political prisoners and victims of political 
persecution for their unpaid labor during their imprisonment or 
persecution; many protestors were taken into custody and detained at 
the police commissariat for several hours. Police did not press 
charges.
    During the year, Mjaft, a civic youth movement, organized several 
protests and frequently encountered problems with police over 
permission to protest. The police pressed charges against some Mjaft 
organizers, but no trial had begun by the year's end.
    The Constitution provides for the right of association, and the 
Government generally respected this right; however, the Constitution 
prohibits the formation of any political party or organization that is 
totalitarian; incites and supports racial, religious, or ethnic hatred; 
uses violence to take power or influence state policies; or is 
nontransparent or secretive in character (see Section 3). There were no 
reports that this provision was used against any group during the year.

    c. Freedom of Religion.--The Constitution provides for freedom of 
religion and the Government generally respected this right in practice. 
There is no official religion, and all religions are equal; however, 
the predominant religious communities (Sunni Muslim, Bektashi Muslim, 
Orthodox, and Roman Catholic) enjoy a greater degree of official 
recognition (e.g., national holidays) and social status based on their 
historical presence in the country. Religious movements may acquire the 
official status of a juridical person by registering with the Tirana 
District Court under the Law on Non-Profit Organizations, which 
recognizes the status of a nonprofit association regardless of whether 
the organization has a cultural, recreational, religious, or 
humanitarian character.
    While the Government does not require registration or licensing of 
religious groups, the State Committee on Cults keeps records and 
statistics on foreign religious organizations that contact it for 
assistance.
    The Albanian Evangelical Alliance, an association of approximately 
97 Protestant churches, complained that it had encountered 
administrative obstacles to accessing the media. However, Evangelical 
Alliance representatives stated that it was not clear whether the 
limited access was due to the organization's small size or its 
religious affiliations. Religion was not taught in public schools. 
There is no law restricting the demonstration of religious affiliations 
in public schools; however, some students were not allowed to do so in 
practice. According to the Ministry of Education, there were 14 
religious schools in the country, with approximately 2,600 students.
    In 2003, a male Muslim student was prohibited from having his 
diploma photograph taken because he had a beard. The student was 
eventually permitted to graduate through the intervention of the Office 
of the People's Advocate.
    The Government failed to return to the various religious 
communities all of the properties and religious objects that were 
confiscated under the Communist regime in 1967. In cases where 
religious buildings were returned, the Government often did not return 
the land surrounding the buildings or provide comparable compensation. 
In addition, the Government did not have the resources to compensate 
churches adequately for the extensive damage that many religious 
properties suffered.
    The Orthodox Autocephalous Church of Albania complained that, in 
addition to problems in recovering property, it also had difficulty in 
retrieving some religious icons from the Government for restoration and 
safekeeping and reported some isolated incidents of vandalism to the 
churches and crosses.
    In June, Kastriot Myftari, author of the book ``Albanian National 
Islamism,'' was acquitted of all charges of inciting religious hatred.
    Relations among the various religious groups were generally 
amicable. However, representatives of the country's Orthodox Church 
noted that some churches, crosses and other buildings, were the targets 
of vandalism, although these incidents were isolated and believed to be 
the result of the country's weak public order rather than due to 
religious intolerance. At year's end, the investigation into the 2003 
killing of former General Secretary of the Islamic Community Sali 
Tivari was ongoing.
    Unlike in previous years, the Bektashi community did not experience 
intimidation, threats, vandalism, and violence.
    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.
    As a result of significant internal migration, many citizens no 
longer had local registration and status, which led to a loss of access 
to basic services such as education and medical care. In many 
educational institutions, students must have, among other documents, an 
official document from district authorities that acknowledges they are 
inhabitants of the district. The lack of these documents prevented many 
students from attending school, with the Roma community especially 
affected.
    There was little progress on the Ministry of Local Government's 
project to create a standardized national identification document.
    The Constitution prohibits forced exile, 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. In practice, the Government provided 
protection against refoulement, the return of person to a country where 
they feared persecution. The Government granted refugee status or 
asylum. The Government also provided temporary protection to 
individuals who may not qualify as refugees or asylees under the 1951 
Convention/1967 Protocol; this was done for approximately 17 
individuals. There is an appeals procedure, but it was not functioning 
during the year.
    The Government cooperated with the office of the U.N. High 
Commissioner for Refugees (UNHCR) and other humanitarian organizations 
in assisting refugees and asylum seekers. The UNHCR, through the state-
run National Reception Center for Asylum Seekers, provided social and 
legal service, health care coverage, insurance, and limited training 
support for the country's small refugee community and coordinated 
further assistance through a network of NGOs.
    In April, together with international organizations (UNHCR, the 
International Organization for Migration (IOM), the Organization of 
Security and Cooperation in Europe (OSCE)), the Government, through the 
European Union's CARDs Program, extended the prescreening program to 
illegal immigrants stopped at all border crossing points.
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.
    Although municipal elections in 2003 resulted in several reruns, 
overall the elections met basic democratic standards and the police, 
leadership of the electoral campaigns, some local election officials, 
and electoral institutions performed their duties well. However, the 
elections were marred by repeated refusals of the political leadership 
of the two main parties to accept unfavorable results. The OSCE and the 
Office of Democratic Institutions and Human Right's (ODIHR) 
recommendations on the municipal elections called for setting up of a 
parliamentary bipartisan commission that would address shortcomings in 
the election system. From July to December, the bipartisan commission 
addressed the shortcomings connected with the Central Electoral 
Commission, voter's list, vote counting procedures, and party 
financing, among others, to prepare for the upcoming general election 
in the summer of 2005. The bipartisan commission's proposed amendments 
to the electoral code were pending approval by Parliament at year's 
end.
    Several political parties participated in the political system; the 
Socialist Party (SP) and the Democratic Party (DP) were the two largest 
and held a majority of the seats in Parliament. The SP, formed from the 
former Communist Party (known as the Party of Labor) in 1991, led the 
governing party during the year. Its coalition included the HRUP, the 
Social Democratic Party, Agrarian Party, the Democratic Alliance Party 
and the Social Democracy Party. SP Party Chairman, Fatos Nano, also 
served as Prime Minister. The DP, led by former President Sali Berisha, 
was the primary opposition party in the Government.
    A political party must apply to the Tirana District Court for 
registration and declare an aim or purpose that is not 
anticonstitutional or otherwise contrary to law, describe its 
organizational structure, and account for all public and private funds 
it receives. Registration was granted routinely; however, in April, the 
Motherland Party, composed of members from the Muslim community, was 
refused registration. The founders of the party reapplied and in 
November registration was granted.
    Corruption remained a major obstacle to meaningful reform in the 
country. The Government has created a special ministerial position to 
tackle corruption issues, and also enacted new anticorruption 
legislation. In 2003, the High Inspectorate for the Declaration and 
Audit of Assets (HIDAA) was established to oversee the financial 
disclosures of public officials. Of the 4,160 declaration forms that 
HIDAA reviewed during the year, only 2 cases were referred to the 
prosecutor's office for further criminal investigation. However, in the 
absence of a national conflict of interest law, senior government 
officials continued to hold public offices even when it appeared to be 
in conflict with their private business interests. During the year, the 
prosecutor's office dealt with 376 cases of government officials 
accused of abuse of authority and other types of corruption; however, 
no major punishments were issued in the cases. In August, Management 
System International (MSI) issued a survey that reported that 94 
percent of the general public and 90 percent of business managers 
believed that corruption among public officials was widespread.
    The Constitution guarantees the right to access of information; 
according to the Access-to-Information Law, all citizens, including 
foreign media, have the right to obtain information about the 
activities of government bodies, and of persons who exercise official 
state functions. Under this law, persons in offices with public 
authority are obligated to release all information, official documents, 
except classified documents, state secrets, etc. However, this law has 
not been fully implemented and access to information for citizens and 
noncitizens remained a problem. For example, a local NGO filed charges 
against the Ministry of Education because it denied access to requested 
information. The trial continued at year's end.
    There were 9 women in the 140-seat Parliament. There was only one 
woman in the Cabinet, the Minister of Integration. The major political 
parties had women's organizations, and women served on their central 
committees; however, overall, women were very poorly represented in the 
central and local governments, and few were elected to public office at 
any level. During the 2003 municipal government elections, fewer than 3 
percent of all candidates were women.
    Several members of the Greek minority served in both the Parliament 
and the executive branch in ministerial and sub-ministerial positions, 
and there was 1 member of the Vlach minority in the 140-seat 
Parliament. No other minorities were thought to be represented in 
Parliament or the Cabinet.
    Family voting occurred everywhere, but it was more common in rural 
areas.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    A number of domestic and international human rights groups 
generally operated without government restriction, investigating and 
publishing their findings on human rights cases. Government officials 
were increasingly cooperative and responsive to their views; however, 
in some areas--such as violence against women, including domestic 
violence, and children's issues--little progress was made. There were 
several domestic NGOs active in addressing human rights problems. 
Despite the assistance of international donors, the work of these 
organizations was hampered by a shortage of funds and equipment.
    There were no reports of government restrictions on the activities 
of domestic human rights NGOs. The AHC monitored human rights issues as 
they related to minorities, security forces, the judiciary, and 
elections. The AHRG, in addition to offering legal assistance, ran a 
complaint center and conducted police training. Both organizations 
operated independently from the Government and often issued press 
releases and reports calling for government action. The CRCA was the 
only organization that monitored children's rights in the country. The 
NGO Citizen's Advocacy Office (CAO), served as a corruption watchdog 
and investigative unit; citizens could call the CAO hotline to report 
corruption in government.
    The Government cooperated with international organizations, such as 
the UNHCR, the IOM, and the ICRC, and did not restrict their access to 
the country.
    The People's Advocate investigated inappropriate, inadequate, or 
illegal actions on the part of the Government. Although it lacked the 
power to enforce decisions, the People's Advocate acted as a watchdog 
for human rights violations. Its most common cases included citizen 
complaints of police and military abuse of power, lack of enforcement 
of court judgments in civil cases, wrongful dismissal, and land 
disputes (see Sections 1.c. and 1.e.). In many cases, the Government 
took concrete steps to correct problems in response to the findings of 
the People's Advocate; however, disputes between the People's Advocate 
and the Prosecutor General hampered cooperation.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The Constitution prohibits discrimination based on sex, race, 
ethnicity, or language; however, discrimination against women and Roma 
minority groups persisted.

    Women.--There was no legislation specifically addressing violence 
against women or domestic violence; however, violence against women and 
spousal abuse remained serious problems. In the country's traditionally 
male-dominated society, cultural acceptance and lax police response 
resulted in most abuse going unreported. Rape is punishable by law, as 
is spousal rape; however, in practice, spousal rape was not reported or 
prosecuted. The concepts of spousal rape and sexual harassment were not 
well established, and, consequently, such acts often were not 
considered crimes by authorities or the public. For this reason, it was 
difficult to quantify the number of women who have experienced rape, 
domestic violence, or sexual harassment; however, the Counseling Center 
for Women and Girls noted that, in 2002, its Tirana hotline received 80 
to 100 calls per month from women reporting some form of violence. A 
1999 poll conducted by the NGO Advice Center for Women and Girls showed 
that 64 percent of women surveyed had experienced some form of 
physical, emotional, or sexual abuse; later statistics were not 
available.
    An NGO maintained a shelter in Tirana for abused women, although 
the facility had the capacity to house only a few victims at a time. 
The same NGO also operated a hotline that provided advice and 
counseling to women and girls.
    The law prohibits prostitution; however, it was a problem. 
Trafficking in women and children remained a problem (see Section 5, 
Trafficking).
    Many men, particularly those from the northeastern part of the 
country, still followed the traditional unwritten code--the kanun--in 
which, according to some interpretations, women are considered to be, 
and were treated as, chattel. Under the kanun, some interpretations 
dictate that a woman's duty is to serve her husband and to be 
subordinate to him in all matters.
    The February killing of a 21-year-old young woman by her father for 
alleged tardiness and the father's subsequent sentence of fewer than 2 
years' imprisonment received much attention from the media and the NGO 
community; however, the case was not appealed.
    Women were not excluded, by law or in practice, from any 
occupation; however, they were not well represented at the highest 
levels of their fields. The Labor Code mandates equal pay for equal 
work; however, this provision was not fully implemented, although women 
continued gradually to gain economic power. Women enjoyed equal access 
to higher education, but they were not accorded full and equal 
opportunity in their careers, and well-educated women were often 
underemployed or worked outside their field of training.
    In July, Parliament approved a new Law on Gender Equality which 
guarantees equal rights for men and women, promotes equal opportunities 
in order to eliminate direct and indirect discrimination, and defines 
responsibilities for drafting of governmental policies promoting gender 
equality. However, some NGOs criticized the new law as poorly written 
and inadequately financed. Under the law, the Government's State 
Committee on Equal Opportunity was tasked with drafting, promoting and 
monitoring gender equality programs for the entire country. However, 
the Committee was underfunded and lacked political influence. The new 
law also created an advisory body, the Inter-Ministerial Committee on 
Gender Equality.
    Various NGOs worked to promote women's rights. Some of these groups 
successfully promoted public awareness regarding domestic violence and 
implemented programs to empower women; however, their ability to lobby 
the Government and other prominent individuals to institute actual 
change in government policies and practices regarding women's issues 
remained limited.

    Children.--The Government's commitment to children's rights and 
welfare is codified in domestic law; however, in practice, there was 
limited commitment.
    The law provides for the right to 9 years of free education and 
also authorizes private schools. School attendance was mandatory 
through the ninth grade (or until age 16, whichever came first); 
however, in practice, many children left school earlier than allowed by 
law in order to work with their families, especially in rural areas 
(see Section 6.d). Parents had to pay for supplies, books, school 
materials, and space heaters for some classrooms, which was 
prohibitively expensive for many families. The lack of proper 
documents--many of which were lost due to internal migration--prevented 
many students from attending school (see Section 2.d.). The CRCA 
estimated that only 62 percent of girls who finished primary schools 
continued on to high school; the percentage was significantly higher 
for boys, but figures were not available at year's end. According to 
UNICEF, the primary school attendance rate for all children ages 7 to 
14 years was 90 percent. The net primary school enrollment rate was 97 
percent for both boys and girls.
    Equal access to medical care was available in principle for both 
boys and girls; however, a high level of bribery in the medical care 
system sometimes limited access.
    After a decade of significant internal migration, high civil 
registration fees have prevented many citizens from registering with 
authorities in their actual places of residence. As a result, children 
born to these individuals have no birth certificates or other legal 
documentation. The law requires parents who do not register their 
children within 30 days of the child's birth to go to court, where 
fines for not being properly registered in the first place are likely 
to be incurred. Thus, the country has a large--and growing--population 
of vulnerable, unregistered children, who are at risk for trafficking 
or exploitation, particularly from the Roma community.
    According to statistics for the year issued by the National 
Reconciliation Committee, as many as 160 children remained endangered 
by blood feuds involving their families; 73 of those children were 
considered to be living in especially dangerous circumstances (see 
Section 1.a.).
    Child abuse, including sexual abuse, was rarely reported; however, 
authorities and NGOs believed that it was prevalent. According to the 
Ministry of Public Order, 25 cases of sex crimes against children were 
reported during the year. Trafficking in children, although not 
widespread, was problematic (see Section 5, Trafficking). In a few 
cases, criminals kidnapped children from families or orphanages to be 
sold to prostitution or pedophilia rings abroad and there were reports 
that some families sold their children to traffickers (see Section 5, 
Trafficking).
    Child labor remained a major problem. NGOs estimated that there 
were approximately 50,000 children working part time or full time. 
There is no legislation or government policies that regulates this 
concern (see Section 6.d.).
    Homeless, displaced or street children remained a problem, 
especially among Roma children. Roma children lived in extreme poverty 
throughout the country. They begged in the street or did other petty 
work, and many immigrated to neighboring countries, especially during 
the summer.
    There is no state authority responsible for children's issues. 
Since July, the State Committee of Equal Opportunity, which supplanted 
the State Committee for Women and Family, no longer had a mandate over 
children's issues.
    Various NGOs and international organizations worked on issues 
related to trafficking of children. In addition, Save the Children 
created an early childhood development program; Catholic Relief 
Services sponsored after-school programs and promoted greater community 
involvement in the education system, and UNICEF worked to develop a 
juvenile justice system.

    Trafficking in Persons.--The law criminalizes trafficking in 
persons and provides penalties for traffickers; however, trafficking in 
persons, particularly women and children, remained a problem. Police 
corruption and involvement in trafficking was a problem.
    According to the Criminal Code, the penalties for human trafficking 
for sexual exploitation or forced labor are: Trafficking in persons (5 
to 15 years in prison); trafficking of women for prostitution (7 to 15 
years in prison); and trafficking in minors (15 to 20 years in prison). 
Aggravating circumstances, such as kidnapping or death, can increase 
the severity of the sentence to a maximum term of life in prison.
    In February, Parliament approved the addition of fines to the 
existing penalties: Those convicted of exploitation for prostitution of 
a minor are fined $4,000 to $6,000 (400,000 to 600,000 lek); for women, 
the fine is $3,000 to $6,000 (300,000 to 600,000 lek). In addition, the 
amended Penal Code states that any government official or public 
servant convicted of exploitation for prostitution faces 125 percent of 
the standard penalty. In October, Parliament approved a new law that 
mandates the sequestration and confiscation of assets if their source 
comes from organized crime and trafficking.
    The prosecution of traffickers remained a problem; traffickers who 
were arrested often were released because of insufficient evidence, 
and, if prosecuted, they often were charged for lesser crimes or were 
given less than the minimum sentence for trafficking. During the year, 
according to the Prosecutor's Office, there were 234 ongoing 
trafficking in persons cases and 362 individuals were convicted of 
trafficking in persons during the year. For example, two pimps, who 
mistreated a girl from Tirana and trafficked her to Italy to work as a 
prostitute, were sentenced to 17 and 19 years imprisonment.
    In 2003, police arrested several servicemen on suspicion of raping 
and trafficking a 16-year-old girl; the girl was smuggled onto the 
Bishti i Palles naval base to have sex with conscripted sailors and 
held in a semi-abandoned building on the base for two months and 
repeatedly raped before she was trafficked to Kosovo. A total of 11 
officers and noncommissioned officers--including the 7 participants--
were suspended or reassigned. Prosecutors dropped charges against one 
of the girl's alleged traffickers in August, and the trial of eight 
sailors and two civilians began in October. Two other individuals 
allegedly involved have not yet been formally charged.
    The 2003 case against operators of a child trafficking ring in 
Durres, involving a port custom officer and the head of local SHISH 
office, had not gone to trial by the year's end.
    In August, a regional antitrafficking sweep organized through the 
Southeast European Cooperative Initiative Center called Mirage III, 
resulted in 125 arrests for various forms of trafficking, prostitution, 
and smuggling. At year's end, 65 suspects remained incarcerated.
    In March, Parliament passed a witness protection law; although the 
law entered into force in November, the Government did not implement it 
by year's end. This impeded the Government's ability to build strong 
cases against traffickers, although cooperation from the international 
community led to the relocation and protection of three witnesses 
outside of the country during the year. Victims often did not identify 
themselves as trafficked persons and were unwilling to testify, due to 
fear of retribution from traffickers and distrust of the police. 
Cooperation between the police and prosecutors remained weak.
    The country was both a source and a transit country primarily for 
women and children trafficked for the purposes of sexual exploitation 
and forced labor, including begging. To a lesser extent than in 
previous years, the country served as a transit route for trafficked 
women and girls. Most trafficked women and girls were transported to 
Italy, Greece, and--to a lesser extent--other European countries, such 
as Belgium, France, the United Kingdom, the Netherlands and Norway. 
There was a significant increase in the trafficking of children to 
Kosovo for exploitation as beggars and for sexual purposes. Traffickers 
largely used overland routes such as Albania-Macedonia-Greece or 
Albania-Montenegro or falsified documents to transport their victims 
via plane or ferry. Internal trafficking increased significantly during 
the year.
    According to the Ministry of Public Order, there were 4,000 
children trafficked from the country between 1992 and 2000. Children 
were generally trafficked for forced begging or sexual exploitation. 
Roma and Egyptian communities were particularly vulnerable due to 
poverty and illiteracy. Children also were trafficked for begging. Such 
children often were bought from families, and in a few cases were 
kidnapped, reportedly for begging or working abroad.
    For example, in November 2003, five persons (two in Korca and three 
in Pogradec) received prison sentences ranging from 15 to 20 years for 
trafficking newborn babies to Greece. At year's end, the case had been 
appealed, after being transferred to the Court of Serious Crimes. Also 
in November 2003, there were press reports that an Albanian family sold 
their 3-year-old son to an Italian man; Italian authorities 
subsequently arrested two persons involved in the sale.
    According to the Ministry of Justice, 3,300 unaccompanied Albanian 
children lived in Italy, although not all were victims of trafficking. 
A 2002 study conducted by the NGO International Social Service reported 
that 1,800 unaccompanied Albanian children--many of whom were 
trafficking victims--lived in Greece; however, according to Terre des 
Hommes, a Swiss child-welfare NGO operating in the country, the number 
of children trafficked to Greece has declined in recent years.
    Foreign women and girls in transit mostly originated from Serbia 
and Montenegro (Kosovo), and--to a lesser extent--Moldova, Romania, 
Ukraine, Russia, and Bulgaria. Traffickers typically confiscated 
victims' documents, physically and sexually abused them, and sometimes 
forced them to work as prostitutes before they left the country. Both 
citizens and foreign women trafficked by domestic organized crime 
networks were abused, tortured, and raped. Traffickers also threatened 
many of the victims' family members.
    The main form of recruitment involved marriage under false 
pretenses or false promises of marriage, with the trafficker luring the 
victims abroad as prostitutes. Due to the poor economic situation, men 
and women from organized criminal groups lured many women and young 
girls from all over the country by promising them jobs in Italy and 
Greece. To a lesser extent, the selling of victims to traffickers by 
family members or neighbors or kidnapping, including from orphanages, 
occurred, particularly of Roma children.
    The police often were involved directly or indirectly in 
trafficking. Six police officers were arrested for trafficking, but no 
convictions resulted and no other government officials were prosecuted 
for trafficking during the year. Lawyers and judges were also 
manipulated and bribed, permitting traffickers to buy their way out of 
punishment if arrested. During the year, the Ministry of Public Order's 
Office of Internal Control investigated only 12 cases of police 
involvement in all forms of trafficking.
    Government services provided to trafficking victims remained very 
limited; however, several NGOs were active in addressing victims' 
needs. The IOM operated a reintegration center in Tirana that provided 
counseling and medical services, job training, and some legal 
assistance. The Vatra Hearth Shelter, an NGO in Vlora, provided similar 
services. Both shelters reported that a large percentage of their 
caseload in 2003 and during the year involved victims deported to the 
country from other European countries.
    IOM also had five foster care cases related to trafficking in 
persons during the year.
    Police treatment of trafficked women continued to improve during 
the year. Most police stopped treating trafficked women as criminals 
rather than victims and routinely referred them to local and 
international NGOs for assistance. Foreign women who were detained at 
times lacked translation services or were not given a choice of 
lawyers.
    With significant input from the NGO community, the Government 
prepared a Memorandum of Understanding in April to be signed with 
Greece regarding the repatriation of victims of child trafficking. The 
Greek government had not signed the agreement by year's end.
    Victims of trafficking often faced significant stigmatization from 
their families and society. According to the Vatra Hearth Shelter, 
there have been many cases where victims of trafficking, minors 
included, have been threatened with death by their families because of 
their past. Government services available to trafficking victims 
remained limited. Re-trafficking became a significant problem, with 141 
out of 291 victims sheltered at the Vatra Hearth Shelter during the 
year reporting that they had been trafficked at least twice previously 
and seven of the victims were under continuous threats from the 
perpetrators.
    During the year, the Government prepared a national strategy to 
combat child trafficking; it was pending approval before the Council of 
Ministers by year's end.
    The Vlora Antitrafficking Center, which opened in 2001, had not 
become fully operational, although it was used as a command post for 
Mirage operations. National and international NGOs carried out most of 
the country's trafficking awareness campaigns.

    Persons With Disabilities.--There was some discrimination against 
persons with disabilities in employment, education, access to health 
care, and the provision of other state services. Widespread poverty, 
unregulated working conditions, and poor medical care posed significant 
problems for many persons with disabilities. They were eligible for 
various forms of public assistance; however, budgetary constraints 
greatly limited the amounts they actually received. No law mandates 
accessibility to public buildings for persons with disabilities, and 
little was done in this regard.

    National/Racial/Ethnic Minorities.--Constitutional protections 
against discrimination are applied to all minorities; however, societal 
discrimination against members of minority populations persisted, 
particularly members of Roma and Egyptian communities. In March, the 
Council of Ministers established the State Committee on Minorities. The 
Committee reported and represented the interests of all the minorities 
vis-a-vis the Government. The Committee is composed of representatives 
from the various national and ethnic-linguistic minorities.
    According to the Minority Affairs Office, to qualify for national 
or ethno-linguistic minority status, a group of individuals must: Share 
the same language (different from Albanian), have documentation to 
prove its distinct ethnic origin or national identity, have distinct 
customs and traditions, or a link to a kinship state outside of the 
country. For example, the group known as Egyptians were not given 
minority status because they lacked some criteria, such as a distinct 
language and traditions, that could define them as a minority. Instead, 
the Egyptians were referred to as a community.
    The Greeks are the largest national minority, followed by small 
groups of Macedonians and Montenegrins; Aromanians (Vlachs) and Roma 
are defined as ethno-linguistic minority groups.
    The ethnic Greek minority, led by its cultural association Omonia, 
collectively pursued grievances with the Government regarding electoral 
zones, Greek-language education, property rights, and government 
documents. Minority leaders complained of the Government's 
unwillingness to recognize the possible existence of ethnic Greek towns 
outside communist-era ``minority zones''; to utilize Greek on official 
documents and on public signs in ethnic Greek areas; to ascertain the 
size of the ethnic Greek population; and to include a higher number of 
ethnic Greeks in public administration.
    Greek-language public elementary schools were common in much of the 
southern part of the country, where most ethnic Greeks lived. Every 
village in this zone had its own elementary-middle (9-year) school in 
the Greek language, regardless of the number of students, and 
Gjirokaster had two Greek language high schools. However, Omonia said 
that the ethnic Greeks needed more classes both within and outside the 
minority zones. The Minority Affairs Office stressed that the 
Government never closed a minority school or class even when the number 
of students dwindled as a result of graduation, migration or other 
factors. In 2003, Parliament passed an amendment that reauthorized the 
inclusion of nationality/ethnicity in the Civil Registry and internal 
identification, which was expected to alleviate the difficulty in 
proving ethnicity for future requests for minority language schools.
    The Roma and the Egyptian communities were among the most 
politically, economically and socially neglected groups in the country. 
There were reports that police beat Roma and Egyptians during the year 
(see Section 1.c.). There were also reports of Roma and Egyptian 
families being displaced by police from temporary housing. In June, 51 
Roma families were forced to abandon their living quarters (see Section 
1.f.).
    Members of the Egyptian community tended to settle in urban areas 
and generally were more integrated into the economy than the Roma. In 
addition to widespread societal discrimination, these groups generally 
suffered from high illiteracy, particularly among children, poor health 
conditions, lack of education, and marked economic disadvantages. The 
Government officially recognized the Roma as an ethno-linguistic rather 
than a national minority. By year's end, the Government had not 
implemented its National Strategy for the Improvement of Life 
Conditions of the Roma Minority. In spite of repeated denials, the 
Egyptian community continued to try to obtain minority status from the 
Government.
    In 2003, the AHRG claimed that police targeted the country's 
homosexual community. According to the General Secretary of Gay 
Albania, the police often arbitrarily arrested homosexuals and then 
physically and verbally abused them while they were in detention. 
However, the police denied these charges and stated that when 
homosexuals were arrested, it was for violating the law--such as 
disturbing the peace--not for their sexual preference.
Section 6. Worker Rights
    a. The Right of Association.--Workers had the right to form 
independent trade unions, and exercised this right in practice; 
however, government employees are prohibited from joining unions or 
holding strikes. Two major federations acted as umbrella organizations 
for most of the country's unions: The Independent Confederation of 
Trade Unions of Albania (membership approximately 85,000) and the 
Albanian Confederation of Trade Unions (membership approximately 
100,000). Both organizations experienced a continued drop in membership 
during the year due to unemployment and decreasing employee 
satisfaction with the unions. Some unions chose not to join either of 
the federations. No union had an official political affiliation, and 
the Government did not provide any financial support for unions.
    The law does not prohibit antiunion discrimination; however, there 
were no reports of such discrimination in practice.
    Unions were free to join and maintain ties with international 
organizations.

    b. The Right to Organize and Bargain Collectively.--Citizens in all 
fields of employment, except uniformed members of the armed forces, 
police officers, and some court employees, have the constitutional 
right to organize and bargain collectively, and the Labor Code 
establishes procedures for the protection of workers' rights through 
collective bargaining agreements; however, labor unions operated from a 
weak position. In practice, unions representing public sector employees 
negotiated directly with the Government. Effective collective 
bargaining remained difficult, and agreements were difficult to 
enforce.
    The Constitution and other legislation provide that all workers, 
except civil servants including uniformed military, police, and some 
court officials, have the right to strike. The law prohibits strikes 
that are declared openly to be political or that are judged by the 
courts to be political.
    In January, the employees of a Ferrous-Chromium factory in Burrel 
held a 12-day hunger strike to protest the nonpayment of their 
salaries. After intervention of the trade union, the factory paid back-
salaries to the striking employees.
    In April, 10 employees of the Urban Transport Park in Tirana held a 
5-day hunger strike to protest illegal dismissal. The director of the 
park claimed that their strike violated the employment contract. 
However, the AHRG and Ombudsman stated that the hunger strike was legal 
and that the Director of the park had not abided by the Labor Code in 
the firing of the employees. The strike lasted 5 days. By year's end, 
employees were not reinstated.
    There are no export processing zones.

    c. Prohibition of Forced or Compulsory Labor.--The Constitution and 
the Labor Code prohibit forced or compulsory labor, including by 
children; however, such practices occurred (see Sections 5, Trafficking 
and 6.d.).

    d. Prohibition of Child Labor and Minimum Age for Employment.--The 
Labor Code sets the minimum age of employment at 14 years and limits 
the amount and type of labor that can be performed by children under 
the age of 16. Children between the ages of 14 and 16 legally may work 
in part time jobs during summer vacation. The Ministry of Labor may 
enforce minimum age requirements through the courts; however, there 
were no reports that enforcement took place. Labor inspections of 
factories carried out in the first half of the year found only 0.01 
percent of the employees were underage. The majority of factories 
inspected were shoe and textile companies. More than 70 percent of the 
underage workers were girls. The fine for employing an underage worker 
was normally 20 to 30 times the monthly minimum wage of the employee. 
The CRCA estimated that roughly 50,000 children under the age of 18 
worked either full or part time. UNICEF estimated that 23 percent of 
children ages 5 to 14 years in the country were working in between 1999 
and 2003. Children considered to be working included those who have 
performed any paid or unpaid work for someone who is not a member of 
the household, who have performed more than 4 hours of housekeeping 
chores in the household, or who have performed other family work. NGOs 
reported that labor inspectors, who were charged with investigating 
child labor complaints, did not give out fines, penalties, or 
convictions to those who violated child labor laws.
    There were young children working, some as many as 16 hours a day. 
According to the CRCA, the majority of child laborers worked as street 
or shop vendors, beggars, farmers or shepherds, drug runners, vehicle 
washers, textile factory workers, shoeshine boys, or prostitutes; 
however, in Tirana and other cities, children--mostly Roma--worked as 
beggars or sold cigarettes and other items on the street; the police 
generally ignored this practice. The CRCA also noted that there were 
approximately 800 street children in Tirana. Increasing numbers of 
children in Tirana fell victim to prostitution and other forms of 
exploitation. There were reports that children were trafficked for 
forced labor (see Section 5, Trafficking).

    e. Acceptable Conditions of Work.--The legal minimum wage for all 
workers over the age of 16 was approximately $110 (10,800 lek) per 
month, which was not sufficient to provide a decent standard of living 
for a worker and family. Remittances from those working abroad were 
vital for many families. The law provides for social assistance (income 
support) and unemployment compensation; however, these were very 
limited, both in terms of the amounts received and the number of 
persons actually covered. The average wage for workers in the public 
sector was approximately $217 (21,325 lek) per month. Approximately 25 
percent of the population lived under the official poverty line.
    The Labor Code establishes a 40-hour work week; however, in 
practice, hours typically were set by individual or collective 
agreements. Many persons worked 6 days a week. By law overtime pay must 
be provided and there were mandated rest periods; however, these 
provisions were not always observed in practice.
    The Government set occupational health and safety standards; 
however, it had limited funds to make improvements in the remaining 
state-owned enterprises and a limited ability to enforce standards in 
the private sector. Actual conditions in the workplace sometimes were 
very poor and in some cases dangerous. A number of job-related deaths 
were reported in the press during the year, particularly in the 
construction and mining industries. The Labor Code lists the safety 
obligations of employers and employees but does not provide workers 
with the right to leave a hazardous workplace without jeopardy to their 
continued employment. The Ministry of Labor and Social Affairs was 
responsible for enforcing health and safety regulations; however, these 
regulations were generally not enforced in practice.

                               __________

                                ANDORRA

    Andorra is a constitutional parliamentary democracy. Two Princes--
the President of France and the Catholic Bishop of Seu d'Urgell Spain--
serve with joint authority as heads of state, and a delegate 
represented each in the country. Elections in 2001 chose 28 members of 
the ``Consell General,'' (the Parliament) which selects the head of 
government. The judiciary is independent.
    The country has no defense force and depends on Spain and France 
for external defense. Civilian authorities maintained effective control 
of the national police, who had sole responsibility for internal 
security. There were no reports that security forces committed human 
rights abuses.
    France and Spain influenced the country's market-based economy 
significantly. The country had a population of approximately 72,000. 
Commerce and tourism were the main sources of income. The rate of 
economic growth was 3.22 percent and wages increased in both the public 
and private sectors twice a year to offset inflation.
    The Government generally respected the human rights of its 
citizens, and the law and the judiciary provided effective means of 
dealing with individual instances of abuse. Prolonged pretrial 
detention occurred. Violence against women declined; however, violence 
against children was a growing problem. Some immigrant workers 
complained that they did not have the same labor rights and security as 
citizens in practice, despite legal protections.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Arbitrary or Unlawful Deprivation of Life.--There were no 
reports of the arbitrary or unlawful deprivation of life by the 
Government or its agents.

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

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The Constitution prohibits such practices, and there were 
no reports that government officials employed them. The country is 
party to a network of 47 States with prisoner transfer agreements, and 
qualifying prisoners were permitted to serve their sentences in their 
own country.
    Prison conditions generally met international standards, and the 
Government permitted visits by independent human rights observers.
    Men and women were held separately, as were juveniles from adults. 
Pretrial detainees also were held separately from convicted criminals.

    d. Arbitrary Arrest or Detention.--The Constitution prohibits 
arbitrary arrest and detention, and the Government generally observed 
these prohibitions.
    The police are organized into four areas: public security, 
technical support, borders and traffic, and crime. Corruption was not a 
problem; however, if corruption or serious irregularities were 
discovered, then disciplinary proceedings were initiated. Police 
received training in and outside Europe. Police responded promptly and 
effectively to incidents involving violence.
    Police may legally detain persons for 48 hours without charging 
them with a crime. Warrants are required for arrest. The law does not 
provide individuals under arrest immediate access to an attorney. 
Legislation provides for legal assistance beginning 25 hours after the 
time of arrest. There was a system of bail.
    Lengthy pretrial detention occurred; the Ombudsman criticized the 
long period of detention for persons awaiting trial.

    e. Denial of Fair Public Trial.--The Constitution provides for an 
independent judiciary, and the Government generally respected this 
provision in practice.
    The highest judicial body is the five-member Superior Council of 
Justice. One member each is appointed by the two Princes; the head of 
government; the President of the Parliament; and collectively, members 
of the lower courts. Members of the judiciary are appointed for 6-year 
terms.
    The Constitution provides for the right to a fair trial, and an 
independent judiciary generally enforced this right. Defendants have 
the right to present evidence and consult with an attorney. Defendants 
enjoy a presumption of innocence, and they have the right to appeal.
    There were no reports of political prisoners.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The Constitution prohibits such actions, and the 
Government generally respected these prohibitions in practice.
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.

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

    c. Freedom of Religion.--The Constitution provides for freedom of 
religion, and the Government generally respected this right in 
practice. The Constitution acknowledges a special relationship between 
the Roman Catholic Church and the State, ``in accordance with Andorran 
tradition.'' The Catholic Church received no direct subsidies from the 
Government.
    The Government paid the salaries of teachers who taught optional 
Catholic religious classes to students in public schools; the Catholic 
Church provided the teachers for these classes.
    During the year, the small Jewish community living in the country 
did not suffer any violent acts, nor was it the target of any terrorist 
organization.
    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 
employ it.
    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, in 
practice, the Government provided some protection against refoulement, 
the return of persons to a country where they feared persecution. The 
Government did not grant refugee status or asylum. The Government 
cooperated with 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.
    Parliamentary elections in 2001, considered free and fair, allowed 
the Andorran Liberal Party (the head of the Government's party) to 
retain its absolute majority, winning 15 of the 28 seats in Parliament. 
The Andorran Democrat Center Party and the Social Democratic Party won 
five and six seats respectively. A local group won two seats.
    There were 4 women in the 28-seat Parliament, and 3 women held 
Cabinet-level positions. There were no members of minorities in the 28-
seat Parliament, and there were no minorities 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 
were cooperative and responsive to their views.
    An Ombudsman received and addressed complaints, some of which were 
against the Government's policies. The Ombudsman was free of government 
control and had good cooperation with the Government.
Section 5. Discrimination, Societal Abuse, and Trafficking in Persons
    The Constitution declares that all persons are equal before the law 
and prohibits discrimination on grounds of birth, race, sex, origin, 
opinions, or any other personal or social condition, although the law 
grants many rights and privileges exclusively to citizens.

    Women.--There were reports that violence against women; however, 
they decreased by 50 percent from 2003, according to the Andorran 
International Association (AIA) and the Andorran Women's Association 
(AAW). There were approximately 20 reports of physical abuse against 
women compared to 40 in 2003. Women suffering from domestic violence 
requested help from the AIA and the AAW but rarely filed a complaint 
with the police for fear of reprisal. There is no specific legislation 
regarding violence against women, although other laws may be applied in 
such cases. Some complaints were reportedly filed with the police 
during the year but no figures were available, as the police refused to 
make figures public.
    The law prohibits rape, including spousal rape, and forcible sexual 
assault, which are punishable by up to 15 years imprisonment. The law 
was effectively enforced in practice.
    Sexual harassment is not prohibited; however, it was not a problem.
    The law prohibits discrimination against women privately or 
professionally; however, the AAW reported that in practice, there were 
many cases of women dismissed from employment due to pregnancy. Women 
did not earn equal pay for equal work; observers estimated that women 
earned 25 percent less than men for comparable work although this gap 
continued to decrease slowly.

    Children.--The Government was committed to children's welfare and 
provided a universal system of health care and education. Free, 
universal public education began at age 4 and was compulsory until age 
16. The Government provided free nursery schools, although their number 
continued to be insufficient.
    According to the Secretariat of State for the Family, the number of 
cases was low; however, child abuse was a growing problem.
    On July 10, the Parliament enacted a law to protect children in 
danger.

    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 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 public buildings for persons with disabilities, and the 
Government generally enforced these provisions in practice; however, 
societal discrimination against persons with disabilities existed on a 
small scale, in the form of social and cultural barriers.

    National/Racial/Ethnic Minorities.--Some immigrant workers 
complained that they did not have the same labor rights as citizens 
(see Section 6.e.). The law gives legal status to the approximately 
7,000 immigrants working in the country with no work permits or 
residence permits.
Section 6. Worker Rights
    a. The Right of Association.--The law allows workers to form and 
join unions of their choice without previous authorization or excessive 
requirements, and workers exercised these rights in practice. Antiunion 
discrimination is not prohibited under the law; however, there were no 
reports of such discrimination during the year.

    b. The Right to Organize and Bargain Collectively.--The law allows 
unions to conduct their activities without interference, and the 
Government protected this right in practice. There is no law that 
specifically provides for collective bargaining. Wages are determined 
by the annual cost of living. Neither the Constitution nor the law 
explicitly provides for the right to strike, and there were no strikes 
during the year. There are no export processing zones.

    c. Prohibition of Forced or Compulsory Labor.--The law does not 
prohibit forced and compulsory labor, including by children; however, 
there were no reports that such practices occurred.

    d. Prohibition of Child Labor and Minimum Age for Employment.--
Children under the age of 18 generally were prohibited from working, 
except in very limited circumstances. The Labor Inspection Office in 
the Ministry of Social Welfare, Public Health, and Labor was 
responsible for enforcing child labor regulations and effectively 
enforced them.

    e. Acceptable Conditions of Work.--The official minimum wage of 
$6.83 (5.06 euros) per hour and $1,095 (811 euros) per month did not 
provide a decent standard of living for a worker and family. The Labor 
Inspection Office enforced the minimum wage.
    The workweek was limited to 40 hours, although employers may 
require overtime from workers. The legal maximum for overtime hours was 
66 hours per month and 426 hours per year.
    The Labor Inspection Service set occupational health and safety 
standards and took the necessary steps to see that they were enforced. 
During the year, the Labor Inspection Service filed approximately 200 
complaints against companies for violating labor regulations, and it 
had the authority to levy sanctions and fines against such companies. 
Although the law authorizes employees to refuse certain tasks if their 
employers do not provide the necessary level of protection, no 
legislation grants workers the right to remove themselves from 
dangerous work situations without jeopardizing their continued 
employment.
    Although the Constitution provides that legal foreign residents are 
to enjoy the same rights and freedoms as citizens, some immigrant 
workers believed that they did not have the same rights and security. 
Many immigrant workers held only ``temporary work authorizations.'' 
When a job contract expired, they had to leave the country. The 
Government prohibited the issuance of work permits unless workers could 
demonstrate that they had a fixed address and at least minimally 
satisfactory living conditions.

                               __________

                                ARMENIA

    Armenia is a republic with a Constitution that provides for the 
separation of powers; however, the directly elected president has broad 
executive powers that are not balanced by the legislature (National 
Assembly) or the judiciary. The President appoints the Prime Minister, 
most senior government officials, and judges at all levels. In March 
2003, President Robert Kocharian was re-elected for a second 5-year 
term in elections marred by serious voting irregularities. The May 2003 
parliamentary election was flawed similarly and did not meet 
international standards. The Constitution provides for an independent 
judiciary; however, in practice, judges were subject to pressure from 
the executive branch, and corruption was a problem.
    The National Police and the National Security Service are 
responsible for domestic security, intelligence activities, border 
control, and the police force. Both operate independently of any 
government ministry. The civilian authorities maintained effective 
control of the security forces. Some members of the security forces 
committed a number of human rights abuses.
    The slow but steady transition from a centralized command economy 
to a market economy continued. The country's economy remained primarily 
agricultural with manufacturing and expanding service sectors. The 
country's population was approximately 3 million. During the year, 
gross domestic product grew an estimated 10.1 percent. The inflation 
rate was 7 percent; unemployment was estimated at approximately 20 
percent, and, in most sectors, wages kept pace with inflation. There 
was a high degree of corruption, income inequality, and continued 
consolidation of wealth into the hands of a select few. Approximately 
43 percent of the population lived below the official poverty rate, a 7 
percent decrease from previous years, and there was a large shadow 
economy.
    The Government's human rights record remained poor; although there 
were some improvements in a few areas, serious problems remained. 
Security forces beat pretrial detainees, and impunity remained a 
problem. There were instances of arbitrary arrests and detentions. In 
April, police used excessive force to disperse an opposition rally, 
detained opposition politicians, and raided opposition party offices. 
During the year, the Government helped to create a civilian prison 
monitoring board and permitted independent monitoring of prison 
conditions. There were reports that the Government limited the right to 
privacy. There were some limits on press freedom. Journalists engaged 
in self-censorship to avoid problems with government authorities, and 
there were some instances of violence against journalists. The law 
places some restrictions on religious freedom. In October, the 
Government approved the registration of Jehovah's Witnesses as a legal 
entity. While the Government took steps to limit trafficking in 
persons, violence against women and trafficking of women and children 
remained problems. Societal harassment of homosexuals and Yezidis was 
also 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 politically motivated killings by the Government or its 
agents; however, there were some deaths in the military as a result of 
mistreatment.
    The Military Prosecutor's Office reported six deaths; however, the 
cause of the deaths was unknown. Each case was investigated, but the 
Prosecutor did not announce final results.
    There was one cease-fire violation along the border with 
Azerbaijan. In June, cross-border fire and shelling in the Tavush 
region resulted in a number of casualties on both sides.
    During the year, there were a few deaths due to landmines, although 
reliable statistics were difficult to obtain. All sides involved in the 
Nagorno-Karabakh conflict used landmines, which have been laid along 
the 540-mile border with Azerbaijan and along the line of contact.

    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, 
government security forces employed them. Witnesses reported numerous 
cases of police beating citizens during arrest and interrogation while 
in detention. Most cases of police brutality went unreported because of 
fear of police retribution. Police used excessive force to disperse 
protestors after an 8-hour political rally on April 12 and 13; some 
journalists were among those beaten (see Sections 2.a. and 2.b.). Human 
rights nongovernmental organizations (NGOs) also reported claims by 
detainees that police beat them during pretrial detention.
    In July, a law went into effect that changed the Soviet-era 
definition of mental illness. Although there have been no reported 
cases of wrongful psychiatric commitment, the law closes an apparent 
legal loophole that made unwarranted commitment possible. Under the new 
law, a person can only be forcibly committed by a court order and only 
if a panel of psychiatrists finds the person to be mentally ill and a 
danger to the community.
    Although there was no reliable or current reporting on the full 
extent of military hazing, human rights NGOs reported that soldiers 
continued to complain of frequent hazing. In 2003, a local NGO 
estimated that there were 30 hazing incidents. Homosexuals and Yezidis, 
a non-Muslim, Kurdish, religious-ethnic group, also reported that they 
were singled out for hazing by officers and other conscripts (see 
Sections 2.c. and 5). Military officials did not take any significant 
measures to limit or stop the hazing.
    Mikael Danielyan, director of a human rights organization, was 
beaten by four unidentified persons near the entrance to his home (see 
Section 4). At year's end, there was no progress in the investigation 
of an attack on opposition politician Ashot Manucharian.
    Prison conditions remained poor and posed a threat to health. 
Holding and detention cells were overcrowded, and most did not have 
toilets. Prison authorities did not provide most inmates with basic 
hygienic supplies. According to the newly formed Civil Society 
Monitoring Board (CSMB), prisoners remained at a high risk to contract 
tuberculosis, and adolescents held in juvenile facilities rarely were 
provided with the schooling required by law. The CSMB also reported 
that, in certain jails, prisoners paid bribes to move into single 
occupancy cells and to obtain additional comforts. In some prisons, 
monitors noted that prisoners had difficulty mailing letters and that 
some prison officials did not facilitate family visits adequately.
    Men, women, and juveniles were held in separate prisons, and 
pretrial detainees were held separately from prisoners. CSMB monitors 
reported that female prisoners had more freedom of movement, and that 
their facility was cleaner and better equipped and maintained than 
prisons for men.
    The Government permitted independent monitoring of prison 
conditions by local NGOs and international human rights groups such as 
the International Committee of the Red Cross (ICRC). In June, the 
Ministry of Justice (MOJ) authorized the CSMB to visit prisons without 
giving advance notice; however, the National Police Ministry did not 
allow some local monitoring groups to visit holding cells where 
detainees could be kept for up to 3 days without charge and where most 
abuse was believed to occur.
    The ICRC and CSMB had access to all detention facilities, including 
holding cells, prisons, and local police stations to conduct 
independent monitoring and to meet with detainees and prisoners. Both 
reported that prisoners spoke freely and openly about their treatment 
and prison conditions.

    d. Arbitrary Arrest or Detention.--The Constitution prohibits 
arbitrary arrest and detention; however, in practice, the authorities 
continued to arrest and detain criminal suspects without legal 
warrants. Impunity was a problem.
    The police and the National Security Service (NSS) are jointly 
responsible for domestic security, intelligence activities, border 
patrols, and the police force. Both are independent government 
ministries that lacked training, resources, and established procedures 
to implement reforms or to prevent incidents of abuse. Prisoners 
reported to local and international monitoring groups that police and 
NSS authorities did little to investigate allegations of abuse. As a 
result, impunity was a serious problem. Corruption also remained a 
large problem in the police force and security service.
    To make an arrest, prosecutors and police must first obtain a 
warrant from a judge except in cases of imminent flight risk or when a 
crime is in progress. Judges rarely denied police requests for arrest 
warrants, and police sometimes made arrests without a warrant, often on 
the pretext that detainees were material witnesses.
    There is no bail system; however, a prisoner may be released to a 
form of house arrest under certain circumstances and at the discretion 
of the court; however, most defendants remained in detention.
    The law also requires police to inform detainees of their right to 
remain silent, to make a phone call, and to be represented by an 
attorney from the moment of arrest and before indictment; however, in 
practice, police did not always abide by the law. Police often 
questioned and pressured detainees to confess prior to indictment when 
they did not have an attorney present. According to the law, a detainee 
must be indicted or released within 3 days of arrest, and this 
procedure was followed in practice. Police sometimes restricted access 
to detainees by family members.
    During protest rallies in the spring, arbitrary detention was a 
problem. According to the country's Human Rights Ombudsman and a human 
rights NGO, between April 13 and 15 police detained and questioned 115 
individuals in connection with an April 12-13 protest rally. 
Approximately 35 were held in detention for up to 15 days under a 
Soviet-era law that prescribes administrative detention (see Section 
2.b.).
    On May 20, police detained up to 25 opposition activists in 
anticipation of an opposition rally. According to media reports and 
opposition sources, the authorities fined and released some of the 
activists; however, more than a dozen were detained for up to 10 days 
under the administrative detention law for using foul language and 
insulting police officers. In most of these cases, defense attorneys 
were not allowed to meet with detainees until after court proceedings 
were completed. The rallies took place as planned, and they proceeded 
peacefully.
    Lengthy pretrial detention remained a problem. According to the 
law, a suspect may not be detained for more than 12 months pending 
trial; however, in practice, this provision was not always enforced. 
Both prosecutors and defense attorneys frequently requested trial 
postponements on the grounds that they required more time to prepare 
for trial.

    e. Denial of Fair Public Trial.--The Constitution provides for an 
independent judiciary; however, in practice, courts were subject to 
political pressure from the executive and legislative branches, and 
corruption was a problem. Unlike in previous years, lengthy public 
trials were not a problem.
    The Constitution provides for a three-tier court system. The 
highest court is the Court of Cassation. There are also two lower-level 
courts: The Court of Appeals; and courts of the first instance. Most 
cases originate in courts of first instance; appeals are lodged with 
the Court of Appeals and the Court of Cassation. The Constitutional 
Court rules on the conformity of legislation with the Constitution, 
approves international agreements, and decides election-related 
questions; however, it can only accept cases proposed by the President, 
approved by a two-thirds majority of Parliament, and cases on election-
related issues brought by candidates who ran for parliament or 
president. These limitations, combined with the judiciary's lack of 
independence, prevented the Constitutional Court from ensuring 
compliance with the human rights safeguards provided by the 
Constitution.
    Under the Constitution, the Council of Justice, which is co-chaired 
by the President, the Prosecutor General, and the Justice Minister, 
appoints and disciplines judges for the courts of first instance, 
Courts of Appeals, and the Court of Cassation. The President appoints 
the other 14 members of the Justice Council and 4 of the 9 
Constitutional Court judges. This authority gives the president 
dominant influence in appointing and dismissing judges at all levels.
    The Constitution requires that all trials be public except when 
government secrets are at issue. Juries are not used in trials; a 
single judge issues verdicts in all courts except the Court of 
Cassation and the Constitutional Court, where a panel of judges 
presides.
    Defendants are required to attend their trials unless they have 
been accused of a minor crime not punishable by imprisonment. They also 
have access to a lawyer of their own choosing, and the Helsinki 
Association reported that the Government provided a lawyer to 
defendants who requested legal counsel; however, individuals often 
chose to defend themselves. More than half of all defendants chose to 
argue their own case in court due to the perception that public 
defenders colluded with prosecutors.
    Defendants may confront witnesses and present evidence. Defendants 
and their attorneys may examine the Government's case in advance of 
trial. Judges generally granted requests by defendants for additional 
time to prepare their cases.
    The Constitution provides for the presumption of innocence; 
however, in practice this right was not always observed. Prosecutors 
often did not begin a trial if they believed they would not obtain a 
guilty verdict. As a result, defendants remained in detention during 
extended pretrial investigations. Both defendants and prosecutors have 
the right to appeal.
    The law does not allow detainees to file a complaint prior to trial 
to address alleged abuses committed by the Prosecutor's Office, the 
police, or other security forces during criminal investigations. 
Failure to testify is a criminal offense; detainees must obtain 
permission from the police or the Prosecutor's Office to obtain a 
forensic medical examination to substantiate a report of torture. 
Defense lawyers may present evidence of torture in an effort to 
overturn improperly obtained confessions; however, defendants stated 
that judges and prosecutors refused to admit such evidence into court 
proceedings even when perpetrator(s) could be identified.
    There is no military court system; trials involving military 
personnel take place in civilian courts, but they are handled by 
military procurators. Military prosecutors performed the same functions 
as their civilian counterparts and operated in accordance with the 
criminal code.
    In April, a court of appeals upheld the convictions of some of the 
defendants who were convicted for murder and terrorism in the 1999 
attacks on the National Assembly. In December 2003, a Yerevan district 
court sentenced six persons to life in prison; a seventh received a 14-
year sentence.
    There were no reports of political prisoners.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The Constitution prohibits unauthorized searches and 
provides for the right to privacy and confidentiality of 
correspondence, conversations, and other communications; however, the 
Government did not always respect these rights in practice.
    Under the law, authorities must obtain permission from a judge, on 
the basis of compelling evidence, to wiretap a telephone or to 
intercept correspondence; however, in practice the law was not strictly 
enforced and some judges arbitrarily granted permission.
    In May, an opposition leader complained that authorities had tapped 
his telephone.
    The law also requires authorities to obtain search warrants, and 
allows the judiciary to exclude evidence obtained without a legal 
warrant. In several cases, judges refused to issue warrants because of 
a lack of compelling evidence and excluded evidence from trials that 
was obtained illegally.
    Unlike the previous year, there were no reports of forced 
conscription of ethnic Armenian refugees from Azerbaijan, who by law 
are exempt from military service. However, police, at times, maintained 
surveillance of draft age men to prevent them from fleeing the country.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The Constitution provides for 
freedom of speech and of the press; however, the Government partially 
limited freedom of speech, and there were several incidents of 
violence, intimidation, and self-censorship.
    On April 12, according to several media reports, police detained a 
man in the capital for attempting to announce an opposition rally 
scheduled for later in the day. He was detained and released after 
questioning.
    Most newspapers were privately owned with the exception of 
Hayastani Hanrapetutyun and its Russian-language version Respublika 
Armenia. The state printing house and distribution agency, which 
published many of the country's newspapers, functioned as commercial 
enterprise with no apparent government intervention. No newspaper was 
completely independent of patronage from economic or political interest 
groups or individuals. According to the Yerevan Press Club, total 
newspaper circulation in the country was 60,000, an increase of 20,000 
from the previous year. There were 27 newspapers available in the 
capital, 6 of which were published daily and the remainder less 
frequently.
    Because of low newspaper circulation, most persons in the country 
relied on television and radio for news and information. Nationwide, 
there were more than 20 radio stations and more than 40 television 
broadcasters; most were privately run. In the capital and other 
regional cities, private television stations offered generally 
independent news coverage of good technical quality; however, the 
substantive quality of news reporting on television and radio varied 
due to self-censorship by journalists and the stations' dependence on 
patronage.
    Senior officials within President Kocharian's office continued to 
significantly influence state television news coverage by providing 
policy guidance to Public TV of Armenia. While the news reporting on 
Public TV was mostly factual, it avoided editorial commentary or 
criticism of the Government. For example, it provided little coverage 
of the April 12 and 13 political demonstrations in the capital (see 
Sections 1.d., 2.b. and 3).
    In March 2003, Kentron TV, a new, national television channel 
affiliated with a widely distributed newspaper with ties to the 
opposition, was awarded a broadcast frequency that belonged to A-One 
Plus, one of the country's last independent television stations. Some 
critics of the decision, made by the National Commission on Radio and 
Television, said A-One Plus lost its broadcast license in 2002 because 
of sharp critical coverage of President Kocharian's administration.
    In October, Kentron television chose to discontinue program 
collaboration with Radio Free Europe/Radio Liberty. Kentron's director 
stated that agents of the Government had not contacted his station 
about the program but that it felt pressure to replace the program. In 
the past, Kentron TV replaced on-air personalities for lacking 
objectivity and being too political.
    Major media outlets in the country were generally pro-government. 
For example, during the 2003 presidential election campaign, the 
majority of the media, including Public TV of Armenia, most private 
television stations, and the major state-funded newspaper, all provided 
heavily biased news coverage that favored incumbent President 
Kocharian.
    International media outlets operated freely in the country. Local 
stations rebroadcast several Russian television stations and CNN, and 
authorities did not censor the few international newspapers and 
magazines that were available in the country.
    Harassment of journalists was a problem. At an April 5 opposition 
rally, men in civilian clothing smashed the video cameras of at least 
four journalists, assaulted several reporters, and destroyed filmed 
footage of the events. According to eyewitness accounts, police stood 
by and did not intervene to stop the attacks. On June 10, a court found 
two men guilty of the attack; each was ordered to pay a fine of $188 
(100,000 Dram).
    On April 13, police beat at least three journalists and destroyed 
or confiscated their video cameras after an opposition rally. The 
journalists maintained that they had identified themselves to police as 
working reporters.
    On August 24, a journalist was assaulted after photographing a 
luxury villa owned by a Member of Parliament as part of a report he and 
a colleague were preparing. In October, a court of first instance 
sentenced a man to 6 months in jail for the assault.
    There also were unconfirmed reports of incidents of harassment and 
intimidation of journalists outside the capital.
    There was no official censorship; however, there were continued 
reports of intimidation of journalists, and some print journalists 
continued to practice self-censorship to avoid problems with the 
Government and because of pressure from official sources.
    In June, the Government repealed a provision in the criminal code 
that punished libel of a public official with up to 3 years' 
imprisonment; however, violations were still considered to be a 
criminal offence. The revised code increased financial penalties for 
libel as well as the penalty for libeling a government official.
    The Government did not restrict access to the Internet or academic 
freedom.

    b. Freedom of Peaceful Assembly and Association.--The Constitution 
provides for freedom of assembly; however, there were some limits on 
this right.
    In March and April, authorities denied several requests from 
opposition parties for permits to organize rallies and demonstrations 
in the capital and other cities. The Government did not interfere when 
small rallies took place without permission. However, between April 13 
and 15, police detained and questioned 115 persons in connection with 
an April 12 and 13 protest rally that attracted an estimated 7,000 
persons; approximately 35 persons were detained for up to 15 days (see 
Sections 1.d. and 3).
    On April 13, at approximately 2:00 a.m., police used excessive 
force to disperse hundreds of protesters who remained in front of the 
National Assembly and had blocked a major city street for more than 8 
hours. A number of protesters sought treatment for injuries at a local 
hospital, some of which were caused by police use of flash grenades, 
water cannon, and batons. Police also beat several journalists who 
covered the opposition rallies (see Section 2.a.) and ransacked 
opposition party offices after dispersing the protestors.
    On April 28, the National Assembly passed a law that lifted the 
requirement to obtain a government permit to organize rallies or 
demonstrations. Organizers now must only notify authorities in advance 
of their plans for such events. However, the new law, which took effect 
in June, limits the locations where demonstrations can be held without 
permission. For example, demonstrations in front of government offices, 
monuments, and venues where another rally or public event is taking 
place still require a police permit. The law also empowers police to 
break up illegal rallies and demonstrations, particularly those that 
encourage violence and the overthrow of the Government.
    The Constitution provides for freedom of association; however, 
there were some limits on this right. Registration requirements for all 
political parties, associations, and secular and religious 
organizations remained cumbersome, exacting, and time-consuming. In 
2003, the Government compelled some human rights and political 
organizations to revise their bylaws several times before approving 
their registration application; however, during the year, no human 
rights groups or political organizations reported problems with 
registration.

    c. Freedom of Religion.--The Constitution provides for freedom of 
religion; however, there were some restrictions in practice. The 
Armenian Apostolic Church has formal legal status as the national 
church, and enjoys some privileges not afforded to other faiths.
    The law grants specific rights to minority religious groups that 
register with the National Registrar. Religious organizations that are 
not registered cannot publish newspapers or magazines, rent meeting 
places on government property, broadcast television or radio programs, 
or sponsor official visitors.
    In October, the State Registrar registered the Jehovah's Witnesses 
as a legal entity. The group had applied for registration 13 times 
since 1995. In November, senior members of the Armenian Apostolic 
Church called on the Government to reverse the registration, saying the 
group's activities ran counter to the country's interests. The 
Government ignored these requests.
    The law prohibits ``proselytizing,'' which is not defined in the 
law, by minority religions and bans foreign funding for foreign-based 
churches; however, neither ban was enforced and members of Jehovah's 
Witnesses reported gains in membership.
    Unregistered religious organizations may not import large shipments 
of religious literature; only small quantities were allowed into the 
country for private use. The law also requires all religious 
organizations, except the Armenian Apostolic Church, to obtain prior 
permission to engage in public religious activities, travel abroad, or 
to invite foreign guests to the country; however, in practice, no 
travel restrictions were imposed on any religious denomination.
    The Jewish community reported several incidents of verbal 
harassment during the year. The director of ALM TV frequently made 
anti-Semitic remarks on the air, and the Union of Armenian Aryans, a 
small, ultranationalist group, called for the country to be 
``purified'' of Jews and Yezidis.
    In May, Jewish groups complained to government authorities about 
the distribution of anti-Semitic literature. Authorities said the 
imported literature apparently violated the Law on Distributing 
Literature Inflaming National Hatred and recommended that the groups 
file a complaint with the Prosecutor General's office. However, neither 
police nor Jewish groups were able to identify the importers, and 
Jewish leaders had not taken any formal action by year's end.
    On September 17, offices of the Jewish community in Yerevan 
received a message that vandals had damaged the local memorial to the 
victims of the Holocaust. Several photographs of the memorial were 
taken, and the vandalism was reported immediately to the local police, 
the Ministry of Religious Affairs, and the government-owned television 
channel. A television crew arrived at the site together with an 
official from the Jewish community in Yerevan and discovered that the 
memorial had been wiped clean, apparently by the park guard. There was 
no further investigation into the incident.
    Yezidi leaders reported that police and local authorities subjected 
their religious community to discrimination and that a small ultra-
nationalist group, the Union of Armenian Aryans, had called for the 
country to be ``purified'' of Yezidis (see Section 5, National 
Minorities).
    According to observers, the general population viewed 
``nontraditional'' religious groups with suspicion and expressed 
negative attitudes about Jehovah's Witnesses, because they refused to 
serve in the military and misunderstood their proselytizing practices. 
Jehovah's Witnesses continued to be targets of hostile sermons by some 
Armenian Apostolic Church clerics and experienced occasional societal 
discrimination.
    As a result of the Nagorno-Karabakh conflict with Azerbaijan, most 
of the country's Muslim Azeri population had left by 1991. The few 
remaining Muslims in the country kept a low profile. There was no 
formally operating mosque, although one surviving 18th century mosque 
in the capital remained open for Friday prayers. Although it was not 
registered as a religious facility, the Government did not create any 
obstacles for Muslims who wished to pray there. Approximately 1,000 
Muslims resided in the capital.
    In June, a new law on Alternative Military Service, took effect to 
exempt conscientious objectors from the draft, and, by year's end, the 
National Assembly completed all legal requirements to implement the 
law. However, 10 members of the Jehovah's Witnesses remained in prison 
for refusing compulsory military service as conscientious objectors 
before the law went into effect; 3 others were in pretrial detention 
for draft evasion or desertion, and 17 others who were imprisoned, were 
released to house arrest after serving one-third of their sentences.
    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, in practice, there were some restrictions on these 
rights.
    The Government generally did not restrict internal movement, and 
citizens had the right to change their residence or workplace; however, 
corruption and an inefficient bureaucracy hindered citizens' efforts to 
register changes.
    In April, human rights groups reported that police stopped cars 
from entering the capital in an attempt to prevent opposition members 
from attending protest rallies.
    The law requires authorities to issue passports to all citizens, 
expect for convicted felons; however, an exit stamp may be denied to 
persons who possess state secrets, are subject to military service, are 
involved in pending court cases, or whose relatives have lodged 
financial claims against them. An exit stamp is valid for up to 5 years 
and may be used without limit. Men of military age must overcome 
substantial bureaucratic obstacles to travel abroad.
    The Constitution does not prohibit forced exile; however, there 
were no reports that the Government employed it.
    In December, the Norwegian Refugee Council reported that 4,077 
internally displaced persons (IDPs) lived in the country.
    During the country's war with Azerbaijan, the Government evacuated 
as many as 65,000 persons from the border region, but most returned or 
settled elsewhere. Of the 4,077 remaining IDPs, almost two-thirds could 
not return to their villages, which are surrounded by Azeri territory. 
Others chose not to return because of a collapse of industry near the 
border and a fear or landmines. IDPs enjoyed full rights as citizens, 
but the Government has not created any special programs to help them 
adjust to their new surroundings. There were no reports of abuse of 
IDPs.
    The law provides for the granting of asylum or refugee status to 
persons 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 most refugees. In 
practice, the Government provided protection against refoulement, the 
return of persons to a country where they feared persecution. The 
Government grants refugee status or asylum; however, during the year, 
no refugees were granted asylum; 10 were denied 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.
    Since 1988, the Government has accepted as many as 360,000 refugees 
from Azerbaijan. In February 2003, the law on refugees was amended to 
improve temporary protection for an estimated 12,000 ethnic Armenian 
refugees from Chechnya and Abkhazia.
    During the year, the Government also provided temporary protection 
to approximately 96 individuals who did not qualify as refugees under 
the 1951 Convention/1967 Protocol. Most of these individuals were 
ethnic Armenians fleeing war in Iraq.
    There was an established procedure to recognize asylum, but border 
officials had little training on asylum issues, which, at times, caused 
delays at airports and land borders.
    Ethnic Armenian refugees from Azerbaijan are eligible for 
citizenship upon request, and other ethnic Armenians can generally 
receive resident status and citizenship after a slightly longer 
process.
    Unlike in the previous year, there were no reports of harassment of 
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; however, the right was restricted in practice 
due to continued flaws in elections.
    International observers found both the 2003 presidential and 
parliamentary elections to be well below international standards. There 
were serious irregularities, including ballot box stuffing, 
discrepancies in vote counts, partisan election commissions, and wide 
use of public resources to support the incumbent president.
    Authorities harassed opposition supporters, including arrests. 
Unlike in previous years, there were no reports of punitive job 
dismissals. In Yerevan, more than 200 persons were detained between the 
2 rounds of the presidential election in February and March 2003 for 
participating in unsanctioned campaign rallies.
    Opposition candidates filed several legal complaints with the 
Constitutional Court challenging the results of the presidential 
election. In March 2003, the high court said it had identified 
irregularities and criticized the Government's handling of the 
electoral process; however, it ruled that there was no constitutional 
basis to change the outcome of the election.
    From March through May, opposition groups demonstrated in the 
capital and other major cities to demand a referendum on the mandate of 
the President. At the height of a protest on April 12, approximately 
10,000 individuals gathered in front of the National Assembly. Police 
used excessive force to disperse some 1,000 protesters in the early 
morning hours of April 13 (see Section 2.b.).
    Of the 131 seats in the National Assembly, 96 were occupied by pro-
government parties or deputies that make up the governing coalition. 
Unaffiliated deputies held 17 seats, most of whom voted frequently with 
the pro-government bloc. Opposition candidates and parties secured 22 
seats; a few of the unaffiliated deputies voted with the opposition.
    Corruption was perceived to be widespread. According to an opinion 
survey released in September by a local research institute, a large 
majority of citizens believed that corruption exists ``in all spheres 
and at all levels'' in the country. A similar survey in 2003 indicated 
that citizens believed that corrupt authorities were not truly 
committed to fighting corruption.
    In January, the Government adopted an ambitious anti-corruption 
strategy, and, in March, the President appointed a special commission 
to implement it. During the year, the commission primarily focused on 
establishing its internal organizational procedures.
    In 2003, the Government adopted the Law on Freedom of Information, 
which provides for access to information as well as its dissemination 
and transparency; however, the law was rarely followed, and most 
journalists and officials remained unaware of its provisions.
    There were 6 women in the 131-seat Parliament but no women in the 
cabinet. There were no ethnic minority representatives in the Cabinet 
or in Parliament.
    The country's population is homogeneous; at least 98 percent were 
ethnic Armenians. Minorities are not prohibited from running for 
election, and some have done so.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    A number of domestic and international human rights groups 
generally operated without government restrictions, investigating and 
publishing their findings on human rights cases. Government officials 
were somewhat cooperative and responsive to their views.
    During the year, more than 20 local religious and human rights 
organizations operated in the country.
    The Government was generally cooperative with international NGOs, 
and there were no reports of government harassment of other 
international human rights NGOs.
    On March 30, the director of a human rights organization, Mikael 
Danielyan, was beaten by four unidentified persons near the entrance to 
his home. According to Danielyan, the attack was triggered by an 
interview with an Azerbaijani newspaper. According to observers, some 
local groups interpreted his remarks about the country's authorities as 
traitorous. Danielyan reported the attack to authorities and to the 
country's Human Rights Ombudsman. The Prosecutor General opened an 
investigation into the case, but Danielyan refused to cooperate with 
the investigation. At year's end, there was no significant progress in 
the investigation (see Section 1.c.).
    In March 2003, the Helsinki Citizen's Association suspected that a 
fire at one its regional offices was caused by arson; however, an 
investigation later showed the fire began as a result of faulty wiring.
    In June, the Government cooperated with a commission from the 
Parliamentary Assembly of the Council of Europe, which reviewed the 
human rights situation in the country. The commission reported that, 
while the Government has made some progress, the most important areas 
for reform in the near future are election laws, the constitution, and 
the judiciary.
    In February, the President appointed the country's first Human 
Rights Ombudsman, amid questions by numerous human rights NGOs and the 
Council of Europe about the ombudsman's independence from the 
Government. During the year, the Human Rights Ombudsman created a 
public working group focused on securing the rights of minority 
religious groups. Local organizations attended the working group 
meetings.
    However, according to a report released in December, which was 
sponsored by the U.N. Development Program (UNDP), the ombudsman's 
office suffered from internal disorganization and a perceived lack of 
independence from the Government during its first year of operation. 
The ombudsman acknowledged the report's recommendation to improve the 
office's operations.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The Constitution prohibits discrimination based on race, gender, 
disability, language, or social status; however, there was societal 
discrimination against women, ethnic minorities, and persons with 
disabilities.

    Women.--There is no law banning domestic violence against women, 
and few cases of spousal abuse or other violence against women were 
reported during the year; however, such violence was believed to be 
widespread.
    While there is no recent information on the extent of the problem, 
a 2001 survey conducted found that 45 percent of respondents 
acknowledged that they were subjected to psychological abuse, and 25 
percent considered themselves victims of physical abuse.
    Most cases of domestic violence were not reported to police because 
victims were either afraid of physical harm and feared that police 
would return them to their husbands or were embarrassed to make family 
problems public. Several NGOs in the Yerevan and Gyumri areas and in 
Martuni provided shelter and assistance to battered women; however, it 
was rare for battered women to have psychological or legal counseling.
    Rape and spousal rape are illegal and carries a maximum 15-year 
prison sentence. By year's end, authorities registered 52 cases of rape 
and attempted rape and no deaths in connection with rape. According to 
the Prosecutor General's office, authorities identified and prosecuted 
51 suspects in rape cases.
    Trafficking in women for sexual exploitation was a problem (see 
Section 5, Trafficking). Prostitution and sex tourism is not illegal, 
but operating brothels is prohibited. Operating a brothel or other 
forms of pimping is punishable by 1 to 10 years' imprisonment.
    According to the NGO Hope and Help, there were between 5,000 and 
6,000 prostitutes in the country, and approximately 1,500 of them were 
registered in the capital.
    The law does not specifically prohibit sexual harassment, although 
articles in the criminal code address different aspects of sexual 
harassment such as lewd acts or indecent behavior. Many of these 
offenses are not clearly defined, but punishments range from fines to 
imprisonment. Some offenses are actionable under civil law. However, 
societal norms did not consider cases of sexual harassment worthy of 
legal action.
    The law provides men and women with equal status; however, gender 
discrimination existed and was a continuing problem in the public and 
private sector.
    For example, although the law states that women should receive 
equal pay for equal work, a recent survey in Yerevan reported that, 
overall, women earned 40 percent of what men earn.
    Women generally were not afforded the same professional 
opportunities as men and often were relegated to more menial or low-
skill jobs. The law prohibits discrimination in employment and hiring 
because of pregnancy; however, the extremely high unemployment rate 
made it difficult to gauge how effectively the law was implemented. 
More women than men were enrolled in university and postgraduate 
programs, but all doctoral candidates were men.

    Children.--The Government is committed to protecting children's 
rights and welfare; however, it did not have the economic means to 
fulfill its commitment.
    Education is free, universal, and compulsory through age 14; it is 
then optional through age 16 (complete secondary education). According 
to a 2003 U.N. Development Program survey, 84.3 percent of students 
completed schooling through age 14, and 36.7 percent studied through 
age 16. Girls and boys received equal educational opportunities; 
however, many facilities were impoverished and in poor condition. Some 
teachers were known to demand bribes from parents in return for good or 
passing grades for their children. Access to education in rural areas 
remained poor, and children's work in fields during harvest season took 
precedence over school.
    In the Yezidi community, a high percentage of children did not 
attend school, partly for family economic reasons and partly because 
schools lacked Yezidi teachers and books in their native language.
    Free health care was available for all children through age 8 for 
treatment of some diseases and for emergency care, but care often was 
of poor quality, and the practice of demanding overt or concealed 
payment of fees for medical service continued. Boys and girls had equal 
access to health care.
    Child abuse was a problem; however, the Prosecutor General's office 
did not report any cases of child abuse during the year.
    Trafficking in girls for the purpose of sexual exploitation was a 
problem (see Section 5, Trafficking).
    Child labor was a problem (see Section 6.d.). However, there was no 
reliable or current reporting on the extent of the problem.
    In 2003, the Ministry of Social Welfare estimated that there were 
130 homeless children in Yerevan. In 2002, a local NGO reported that 
nationally there were approximately 900 homeless children and that the 
number continued to grow. Abuse of street children did not appear to be 
a serious problem.
    A number of international agencies, such as UNICEF, World Vision, 
the World Bank, and the OSCE, worked with the Government and local 
groups to upgrade and improve schools, integrate children with special 
needs into schools, and to facilitate government efforts against 
trafficking of children.

    Trafficking in Persons.--The law prohibits trafficking in persons, 
and offenses committed for ``mercenary purposes'' are crimes according 
to a law that took effect in August 2003; however, trafficking in 
persons from, through, and to the country remained a problem. There 
were reports that border guards and some prosecutors were complicit in 
trafficking.
    Violations of the law are punishable by fines of up to $12,195 (6.5 
million drams), correctional labor up to 2 years, or imprisonment for 
up to 8 years, if the crime was committed under aggravated 
circumstances. In December 2003, police arrested two men in connection 
with trafficking six women into the country. On June 28, three of the 
persons were sentenced to between 2 and 4.5 years' imprisonment.
    On October 4, police detained a man for allegedly trafficking 11 
women to engage in prostitution in Turkey. The same day, police 
arrested a woman for allegedly recruiting women to be trafficked to the 
United Arab Emirates. Both were charged with pimping, which may carry a 
lighter penalty than trafficking. No one was charged under the 
trafficking statute during the year.
    A governmental Interagency Commission, the National Police, and the 
National Security Service are responsible for coordinating and 
implementing anti-trafficking policy and for combating trafficking. The 
Government actively sought bilateral cooperation with several 
trafficking destination countries and regularly shared information with 
these partners.
    The authorities reported that the country is a source and transit 
point for women and girls trafficked primarily for sexual exploitation 
to the United Arab Emirates, Turkey, Russia, Uzbekistan, Greece, and 
other European countries. However, there were reports that the country 
was also a destination point for trafficked women for sexual 
exploitation, particularly from Ukraine and Uzbekistan.
    There were no reliable estimates on the number of individuals who 
were trafficked. Trafficking organizations typically recruited victims 
with the promise of high paying work in another country. Once in the 
country of destination, victims were deprived of their travel 
documents, locked in hotel rooms, and told that they must ``repay'' the 
cost of their travel. There were reports about women who were 
encouraged to become recruiters for trafficking rings with a promise of 
keeping a percentage of their ``earnings.'' Trafficking victims were at 
greatly increased risk of sexually transmitted diseases, and some 
reported incidents of physical violence.
    Victims reported that some border guards were bribed or worked with 
the traffickers. In 2002, a criminal group of police employees and 
employees of the country's international airport was uncovered. The 
group allegedly assisted traffickers using fraudulent documents to 
traffic citizens to the UAE for sexual exploitation. The officials 
allegedly received proceeds regularly from some traffickers working in 
the UAE. The Prosecutor General opened a criminal investigation into 
the case. Two police officers and two airport officials were convicted 
for abuse of power in the case. No prosecutions were reported during 
the year.
    The International Organization for Migration (IOM) and a local NGO, 
Hope and Help, with funding from foreign governments, operated an 
assistance program for trafficking victims. The Government did not 
offer financial assistance, but referred victims to these 
organizations.
    Upon their return, many victims feared societal stigma and 
discrimination. Government officials did not require victims to aid in 
finding and prosecuting traffickers; however, they worked with victims 
who were willing to report their cases.
    NGOs and the Government increased trafficking prevention 
activities, primarily through education and mass media programs to 
raise public awareness. The Government trained its consular corps to 
identify signs of trafficking. The Government also collaborated with 
police in destination countries to apprehend traffickers. Authorities 
also established a hot line to connect victims with police; however, it 
only worked in certain parts of the country.

    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 Ministry of Labor and Social Affairs was responsible for 
protecting the rights of persons with disabilities; however, the 
ministry lacked the resources to fulfill this responsibility.
    It focused primarily on legislative remedies, which were seldom 
enforced. For example, the law and a government decree mandated 
accessibility to buildings for persons with disabilities; however, in 
practice, very few buildings and other facilities were accessible to 
persons with disabilities.
    Institutionalized patients often lacked medication, and care was 
substandard. Hospitals, residential care, and other facilities for 
persons with serious disabilities were substandard.

    National/Racial/Ethnic Minorities.--The population was 
approximately 98 percent ethnic Armenian. The Government did not 
discriminate against the small, officially recognized ``national'' 
communities, although the economic and social situation of such groups 
has deteriorated substantially since independence in 1991. National 
communities recognized by the Government included Russians, Ukrainians, 
Belarusians, Jews, Kurds, Yezidis, Assyrians, Georgians, Greeks, and 
Germans. Several hundred Azeris or persons of mixed Azeri heritage 
maintained a low profile to avoid possible societal discrimination.
    The Constitution grants national minorities the right to preserve 
their cultural traditions and language, and the law provides linguistic 
minorities with the right to publish and study in their native 
language. There were token publications in minority languages. By law, 
all children of citizens must be educated in Armenian-language schools. 
Virtually all students, including members of the Yezidi and Greek 
communities, attended Armenian-language schools, with very few classes 
available in their native tongues.
    Yezidi leaders continued to complain that police and local 
authorities subjected their community to discrimination. The Yezidis, 
whose number had been estimated at 30,000 to 40,000 by their leaders, 
speak a Kurdish dialect and practice a religion derived from 
Zoroastrianism, Islam, and animism. Yezidi leaders cited numerous 
incidents of unfair adjudication of land, water, and grazing disputes; 
hazing of Yezidi conscripts in the army; and poor police response to 
serious crimes committed against Yezidis (see Sections 1.c. and 2.c.). 
On occasion, Yezidi children reported hazing by teachers and 
classmates. Members of the Yezidi community had tried previously to 
address their grievances with the Presidential Advisor on National 
Minorities, but they claimed that all their attempts have been ignored. 
According to Yezidi community leaders, appeals on their behalf with 
respect to alleged discrimination were raised at all levels of the 
Government; however, no government responses were forthcoming.

    Other Societal Abuses and Discrimination.--Military officers 
targeted homosexuals for hazing. The Helsinki Association reported 
cases of police harassment of homosexuals through blackmail, extortion, 
and, on occasion, violence.
    Unofficial reports suggested that during a routine police 
investigation, police threatened to make one homosexual's sexual 
orientation public. The man later alleged that police revealed his 
homosexuality to his employer, and, shortly thereafter, he quit his 
job.
Section 6. Worker Rights
    a. The Right of Association.--The Constitution provides employees 
with the right to form and join trade unions, but employees did not 
exercise this right in practice. The law stipulates that the right to 
form associations, including political parties and trade unions, may be 
limited for persons serving in the armed services and law enforcement 
agencies. In practice, labor organization remained weak because of high 
unemployment and the weak economy.

    b. The Right to Organize and Bargain Collectively.--Although the 
law provides for the right to organize and bargain collectively, in 
practice, there was no collective bargaining. Factory directors 
generally set pay scales without consulting employees. Labor disputes 
were arbitrated in regular or economic courts.
    The Constitution provides for the right to strike; however, workers 
rarely exercised this right because workers did not have the financial 
resources to maintain a strike.
    There are no export processing zones.

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

    d. Prohibition of Child Labor and Minimum Age for Employment.--
Under the law, the minimum age of employment is 16; however, in some 
cases, with the permission of the child's parents and labor union, 
children may work from age 14 in non-dangerous situations. The law was 
unevenly enforced by local community councils, unemployment offices, 
and, as a final board of appeal, the courts. Children under the age of 
18 are prohibited from working overtime or in harmful and dangerous 
conditions, at night, and on holidays.
    There were reports that children worked in family businesses and on 
family farms, which is not forbidden by law. Children were also 
observed on the streets of Yerevan selling newspapers, flowers and 
working in local markets.
    According to the Ministry of Labor and Social Affairs, some 
children were involved in family businesses, as well as in other 
business activities, such as agriculture, where such activity is not 
prohibited by law.

    e. Acceptable Conditions of Work.--The Government sets the minimum 
wage by decree. The monthly minimum wage of $24 (13,000 drams) did not 
provide a decent standard of living for a worker and family. 
Approximately 43 percent of the population lived below the poverty line 
of about $2 (1,000 drams) or less per day. An estimated 15.9 percent of 
the population was considered extremely poor, with a daily income of 
less than $1 (500 drams).
    There was a large shadow economy. As much as 40 percent of overall 
economic activity, and in some areas, such as retail, as high as 80 
percent, took place without being recorded or taxed by local 
authorities.
    The law defines the workweek as 40 hours and provides for mandatory 
rest periods and overtime compensation. In December, the Government 
passed legislation that would reset the levels of overtime compensation 
and limits on required overtime. The Ministry of Labor and Social 
Welfare oversees workers' rights health and safety but took few 
affirmative steps to enforce statutory regulations. National 
unemployment of 20 percent or more and low wages were a problem.
    Workers had the right to remove themselves from dangerous work and 
situations that endangered health and safety; however, in practice, 
doing so would likely jeopardize their future employment, especially 
those persons who worked in the shadow economy.

                               __________

                                AUSTRIA

    Austria is a multiparty parliamentary democracy in which 
constitutional power is shared between the popularly elected president 
and the 183-member Parliament. Citizens choose their president and 
representatives in periodic, free, and fair multiparty elections. In 
April, voters elected President Heinz Fischer of the Social Democratic 
Party of Austria (SPO) to a 6-year term. In November 2002, the Austrian 
People's Party (OVP) received a plurality in parliamentary elections 
and renewed its right-center coalition with the Freedom Party (FPO). 
The judiciary is independent.
    The national police maintain internal security, and the army is 
responsible for external security. The civilian authorities maintained 
effective control of the security forces. There were reports that 
police committed some human rights abuses.
    The country's highly developed, market-based economy, with its mix 
of technologically advanced industry, modern agriculture, and tourism, 
affords the approximately 8 million citizens a high standard of living. 
During the year, wages grew slightly faster than inflation. The gross 
domestic product grew by slightly less than 1 percent during the year; 
there were no serious inequalities in the distribution of income.
    The Government generally respected the human rights of its 
citizens; however, there were problems in some areas. There were some 
reports of abuse by police, which involved occasional beatings, but 
primarily verbal abuse, threats, and harassment. Foreign observers 
criticized the strict application of slander laws as detrimental to 
press reporting. There was some governmental and societal 
discrimination against members of some unrecognized religious groups, 
particularly those considered to be ``sects.'' There were neo-National 
Socialist, rightwing extremist, and xenophobic incidents during the 
year. Trafficking in women for forced prostitution remained a problem, 
which the Government took steps to combat. In July, the Equal Treatment 
Bill implementing the European Union (EU) Anti-Discrimination and Anti-
Racism Guidelines took effect.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Arbitrary or Unlawful Deprivation of Life.--There were no 
reports of the arbitrary or unlawful deprivation of life committed by 
the Government or its agents.
    There were no developments in the 2003 killing of a 33-year-old 
Mauritanian man who died in custody after being arrested by Vienna 
police. Criminal investigations against four policemen, as well as the 
emergency physician present, 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; however, there 
were occasional reports that at times police beat and otherwise abused 
persons. Government statistics for 2003 showed 988 complaints against 
federal police officials; of those, 983 were dropped. In 11 court 
cases, 1 officer was convicted of using unjustified force; 73 cases 
were pending at the end of 2003. Types of abuse ranged from slander to 
kicking and hitting. Some of the violence appeared to be racially 
motivated. Nongovernmental organizations (NGOs) and other groups 
continued to criticize the police for targeting minorities. During the 
year, the Interior Ministry conducted racial sensitivity training 
programs for over 2000 police and other officials with NGO assistance.
    A committee in the Interior Ministry seeks to ensure that the 
police and gendarmerie respect human rights while carrying out their 
duties. During the year, the committee issued 11 recommendations 
regarding the improvement of human rights in the country, including in 
the following areas: The creation of a special institution to implement 
predeportation orders; the deportation zone at Vienna Schwechat 
airport; minimum standards regarding arrests of suspects; 
predeportation arrests of minors; the use of force by police; handling 
of illegal immigrants at border checkpoints; the use of language by law 
enforcement officials; and a review of law regulating arrest of 
suspects.
    The Government continued to deny Kosovo authorities' request for 
extradition in the case of an Austrian police officer convicted in 
absentia for torture committed while serving in Kosovo's civilian 
international police in 2003. The officer was recalled to Austria, 
where he was allowed to remain on duty while an investigation into his 
alleged misconduct proceeded. That investigation remained ongoing at 
year's end.
    In December, charges arose that army conscripts had been mistreated 
during drill exercises at three barracks. The controversial exercises 
included mock hostage taking and humiliating captivity practices. In 
response to these charges, the Defense Ministry set up an ad-hoc army 
investigation panel, which concluded that the conscripts had endured a 
``violation of human dignity.'' The Ministry suspended the responsible 
army supervisors from duty, and also withdrew oversight competencies 
for drilling exercises from a top Ministry official.
    Prison conditions generally met international standards. The 
Government held male and female prisoners, adults and juveniles, and 
pretrial detainees and convicted criminals separately. The Government 
permitted independent human rights observers to conduct prison visits. 
Some human rights observers criticized the fact that nonviolent 
offenders, such as persons awaiting deportation, were incarcerated for 
long periods in single cells in inadequate facilities designed for 
temporary detention. Some observers argued that the Government should 
hold prisoners in more open facilities.

    d. Arbitrary Arrest or Detention.--The Constitution prohibits 
arbitrary arrest and detention, and the Government generally observed 
these prohibitions.
    The two law enforcement bodies, the police and gendarmerie, have 
central command in the Ministry of Interior. In 2003, the Ministry of 
Interior initiated an overhaul of the structure of law enforcement 
bodies with the goal of merging the police and gendarmerie units. An 
initial 3-month trial phase of merged gendarmerie-police units in 
selected Vienna districts ended in August and generated strong 
criticism from participants. In December, Parliament passed a new 
security law, which included implementing legislation for the merger.
    The police were generally well trained and disciplined, and there 
were no reports of police corruption.
    In criminal cases, the law provides for investigative or pretrial 
detention for up to 48 hours; an investigative judge may decide within 
that period to grant a prosecution request for detention of up to 2 
years pending completion of an investigation. The law specifies grounds 
required for such investigative detention and conditions for bail. The 
investigative judge is required to periodically evaluate an 
investigative detention. There is a system of bail.

    e. Denial of Fair Public Trial.--The Constitution provides for an 
independent judiciary, and the Government generally respected this 
provision in practice.
    The Constitution provides for the independence of judges in the 
exercise of their judicial office. Judges cannot be removed from office 
or transferred against their will. There are local, regional, and 
higher regional courts, as well as the Supreme Court. While the Supreme 
Court is the highest judicial body, the Administrative Court acts as 
the supervisory body over administrative acts of the executive branch, 
and the Constitutional Court presides over constitutional issues.
    The Constitution provides for the right to a fair trial, and an 
independent judiciary generally enforced this right. The system of 
judicial review provides for extensive possibilities for appeal. Trials 
must be public and conducted orally. Persons charged with criminal 
offenses are considered innocent until proven guilty.
    There were no reports of political prisoners.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The Constitution prohibits such actions, and the 
Government generally respected these prohibitions in practice.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The Constitution provides for 
freedom of speech and of the press, and the Government generally 
respected these rights in practice; however, the strict application of 
slander laws tended to discourage reports of police brutality. Foreign 
observers, including the European Court of Human Rights (ECHR), have 
criticized the use of libel procedures to protect politicians, which 
they argued hampered freedom of speech and the press. Those convicted 
of libel cannot appeal to the Supreme Court. Publications may be 
removed from circulation if they violate laws concerning morality or 
public security, but such cases were extremely rare.
    The case involving FPO trade unionist Joseph Kleindienst and former 
Vienna FPO Secretary Michael Kreissl, accused of bribing police in 
2000, concluded in February. The court acquitted both Kleindienst and 
Kreissl on all charges.
    The independent media were active and expressed a wide variety of 
views without restriction.
    The Government did not restrict academic freedom.

    b. Freedom of Peaceful Assembly and Association.--The Constitution 
provides for freedom of assembly and association, and the Government 
generally respected these rights in practice. However, the Law on the 
Formation of Associations states that permission to form an 
organization may be denied if it is apparent that the organization 
would pursue the illegal activities of a prohibited organization, such 
as Nazi organizations.

    c. Freedom of Religion.--The Constitution provides for freedom of 
religion, and the Government generally respected this right in 
practice.
    The status of religious organizations is governed by the 1874 Law 
on Recognition of Churches and by the 1998 Law on the Status of 
Religious Confessional Communities, which establishes the status of 
``confessional communities.'' Religious organizations are divided into 
three legal categories, each with different rights, privileges, and 
responsibilities (listed in descending order of status): Officially 
recognized religious societies, religious confessional communities, and 
associations. Government recognition as a religious society has a wide 
range of implications, including the authority to participate in the 
mandatory church contributions program, which can be legally enforced, 
to provide religious instruction in public schools, and to recruit 
religious workers to act as ministers, missionaries, or teachers. 
Religious societies have ``public corporation'' status, which permits 
them to engage in a number of public or quasi-public activities that 
are denied to confessional communities and associations.
    The law also allows religious groups that are not recognized as 
religious societies to seek official status as confessional communities 
without the fiscal and educational privileges available to religious 
societies. Confessional communities have legal personality, which 
permits them to engage in such activities as purchasing real estate in 
their own names and contracting for goods and services. In 2003, the 
Administrative Court agreed with the 2002 Constitutional Court decision 
upholding the Government's 1998 rejection of the Sahaja Yoga group's 
application to become a confessional group.
    Ten religious groups have constituted themselves as confessional 
communities according to the law. Numerous religious groups not 
recognized by the State, along with some religious law experts, have 
complained that the law's additional criteria for recognition obstruct 
claims for recognition and formalize a second-class status for 
unrecognized groups. Legal experts questioned the 1998 law's 
constitutionality.
    In 2003, the ECHR received an appeal by the Jehovah's Witnesses, 
arguing that the legal requirement of a 10-year period of existence to 
be recognized as a religious group is illegal on administrative 
grounds. This appeal remained pending at year's end.
    Religious groups that do not qualify for either religious society 
or confessional community status may apply to become associations under 
the Law of Associations. Associations are corporations under law and 
have many of the same rights as confessional communities, including the 
right to own real estate. Some groups have organized as associations, 
even while applying for recognition as religious societies.
    There was some societal discrimination against members of 
unrecognized religious groups, particularly those considered to be 
``cults'' or ``sects.'' The majority of sects were small organizations 
with fewer than 100 members. Among the larger unrecognized groups were 
the Church of Scientology and the Unification Church. A large portion 
of the public perceived such groups as exploiting vulnerable persons 
for monetary gain, recruiting and brainwashing youth, promoting anti-
democratic ideologies, and denying the legitimacy of government 
authority.
    The conservative OVP held the position that party membership is 
incompatible with sect membership if the sect holds a ``menschenbild'' 
--a view or conception of mankind--fundamentally different from that of 
the Party, advocates opinions irreconcilable with the ethical 
principles of the Party, or rejects the basic rights granted by 
progressively minded constitutional states and in an open society. This 
position was used to deny OVP membership to Scientologists.
    The Ministry for Social Security and Generations and the City of 
Vienna funded a counseling center of a controversial NGO, the Society 
Against Sect and Cult Dangers (GSK), that actively works against sects 
and cults. GSK distributes information to schools and the general 
public and runs a center to counsel persons who believe that sects and 
cults have negatively impacted their lives.
    The Federal Office of Sect Issues continued to function as a 
counseling center for those who have questions about sects and cults. 
Under the law, this office is independent of the Government; however, 
the Minister for Social Security and Generations appoints and 
supervises its head. Some members of the public believed the Federal 
Office of Sect Issues and similar offices at the state level fostered 
societal discrimination against unrecognized religious groups.
    At the end of 2003, the state of Lower Austria's Family Office 
withdrew a presentation on its website, which negatively characterized 
many religious groups.
    Muslims have complained about incidents of societal discrimination 
and verbal harassment. Reports indicated several incidences of 
discrimination against Muslim women wearing headscarves in schools. In 
January, a high school in the state of Upper Austria prohibited 
students from covering their heads in school. A Muslim parent filed a 
discrimination complaint with local police authorities, who ordered 
that his daughter be allowed to wear a headscarf. In response to this 
incident, the head of the Upper Austrian State School Council and the 
Ministry of Education confirmed that Muslim girls and women had the 
right, according to legal provisions on religious freedom, to wear 
headscarves.
    Sensitivity to and fears of Scientology remained an issue. 
Individual Scientologists reported discrimination in hiring.
    The NGO Forum Against Anti-Semitism (Forum gegen Antisemitismus) 
reported 135 anti-Semitic incidents during the year, including 4 
physical attacks. The incidents included name-calling, graffiti/
defacement, threatening letters, anti-Semitic Internet postings, 
property damage, vilifying letters and telephone calls, and physical 
attacks. The EU's Monitoring Center on Racism and Xenophobia declared 
that anti-Semitism in the country was characterized by diffuse and 
traditional anti-Semitic stereotypes rather than by acts of physical 
aggression.
    The law prohibits any form of neo-Nazism and anti-Semitism and any 
type of activity in the spirit of National Socialism. It also prohibits 
public denial, belittlement, approval, or justification of National 
Socialist crimes, including the Holocaust. The Criminal Code prohibits 
public incitement to hostile acts, insult, contempt against a church or 
religious society, or public incitement against a group based on race, 
nationality, or ethnicity, if that incitement could pose a danger to 
the public order. The Government strictly enforced its anti-neo-Nazi 
legislation and provided police protection for Jewish community 
institutions.
    Holocaust education was generally taught as part of history 
instruction, but also was featured in other subjects under the heading 
``political education (civics).'' Religious education classes were 
another forum for teaching the tenets of different religions and 
overall tolerance. Special teacher training seminars were available on 
the subject of Holocaust education. The Education Ministry also ran a 
program through which Holocaust survivors talked to school classes 
about National Socialism and the Holocaust.
    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 
Government did not restrict free movement within the country or the 
right of citizens to change residence or workplace. The law prohibits 
forced exile, and the Government did not use it in practice.
    Immigrants must show a basic knowledge of the German language and 
an understanding of the country's culture when applying for an 
immigrant visa. New immigrants who cannot show a basic knowledge at the 
time of application need to complete German language and civics courses 
by various deadlines. Those who fail to complete these language and 
culture requirements could face financial penalties, deportation, or 
expulsion. Annual immigration quotas remained static at approximately 
8,000 per year.
    In 2003, there were 45,126 illegal aliens intercepted at national 
borders, a 7 percent decrease from the previous year. Approximately 65 
percent of these were asylum seekers. As of August, the number of 
illegal immigrants (both illegal workers and trafficked persons) 
continued to decrease. Under the ``Dublin II'' Regulation effective 
since 2003, asylum seekers could be sent back to the first Dublin 
member-state they entered, which in practice would likely be one of the 
new EU member states. With the inauguration of the EURODAC 
fingerprinting/registration system in 2003, asylum seekers could be 
more easily identified if they moved from country to country.
    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; however, the Government subscribed to 
a safe country of transit policy, which required asylum seekers who 
transited a country determined to be ``safe'' to return to that country 
to seek refugee status. The Government cooperated with the U.N. High 
Commissioner for Refugees and other humanitarian organizations in 
assisting refugees and asylum seekers.
    On May 1, a new asylum law entered into force, aimed at expediting 
the asylum claim process by requiring a first determination to be made 
within 72 hours of the filing of a claim. Under the new law, applicants 
whose claims are found to be unjustified can be deported. All other 
applications are to be forwarded to the Federal Asylum Office for 
further review. If the adjudicator at the Federal Asylum Office 
believes the claim to be ``manifestly unfounded,'' or the applicant has 
a previous asylum request refusal on record and has not submitted 
significant new information or grounds, the adjudicator is required to 
refuse the asylum claim. These rejected applicants have limited rights 
of appeal and no guarantee they can remain in the country during the 
appeals process. The new law also stops the practice of accepting 
asylum claims at land borders and introduces a list of ``safe countries 
of transit.''
    In October, in a legal challenge to the new asylum law, the Supreme 
Court upheld the law, but struck down certain provisions as 
unconstitutional. These included the provisions that in Dublin cases 
allowed the prompt removal of an applicant during the appeal process 
and the provision that automatically placed persons filing follow up 
applications in deportation detention. While endorsing the law's 
general limitation on the presentation of additional evidence in the 
appeals process, the court ruled that no such limit should apply in 
cases involving torture victims.
    In cases where the refugee arrived from a safe country of transit, 
the Government returned refugees to that country, rather than the 
country from which they originally fled. If the Federal Asylum Office 
rejected an asylum claim, the claimant could appeal to the independent 
Federal Asylum Senate, then to the Supreme Administrative Court. 
Rejected asylum seekers also had recourse to the Constitutional Court 
in cases in which they alleged a breach of the European Convention on 
Human Rights and Individual Freedoms. The Government also provided 
temporary protection to individuals who may not qualify as refugees 
under the 1951 Convention/1967 Protocol.
    During the year, there were a total of 24,676 asylum applications, 
compared with 32,359 in 2003, a 23.7 percent decrease. The official 
approval rate for 2003 was 29.6 percent. The rate dropped to 21.6 
percent when ``refoulement decisions''--negative decisions where 
applicants cannot be returned to the country of origin because of fear 
of prosecution and obtain a temporary right of residence--were counted. 
In 2003, the largest groups of applicants were persons from Russia 
(predominantly Chechens), Turkey, India, Serbia and Montenegro, and 
Afghanistan.
    The Government contracted with a private company, European 
Homecare, to provide counseling to asylum applicants throughout the 
asylum process and encouraged them to return to their country of origin 
if their claims were denied. Since July 2003, this company also 
provided care and maintenance for asylum seekers at residential 
facilities. There have been accusations of injury, violence, and death 
occurring at centers operated by European Homecare. For example, in 
January, a female asylum seeker in Traiskirchen refugee camp alleged 
that a guard raped her. In March, the public prosecutor's office 
suspended its investigations citing a lack of grounds on which to 
initiate criminal charges.
    The new asylum laws define ``government care'' as a form of 
voluntary support provided by the Government in cooperation with the 
states, municipal authorities and relief organizations. The maximum 
number of persons who qualified because of financial hardship (asylum 
seekers and otherwise needy applicants) was estimated at approximately 
16,000. After lengthy negotiations between the Government and the 
states, the two sides agreed on a quota of how many qualified 
individuals each state would house and on the division of costs. At 
year's end, only two of the nine states met their required quotas. 
States argued that the numbers of affected applicants far exceeded the 
original estimates. At a special meeting of state governors in 
September it was agreed that a more precise definition of criteria for 
needy applicants was needed. Followup meetings occurred in November and 
early December, but most states still have yet to provide additional 
housing.
    The Human Rights Advisory Council continued to operate to ensure 
that the police and gendarmerie respect human rights while carrying out 
their duties.
    In August, the Superior Provincial Court in Vienna ruled on civil 
charges filed on behalf of the daughter of Marcus Omofuma, an 
unsuccessful Nigerian asylum applicant who died after being physically 
restrained for violent behavior while being deported to Nigeria, 
awarding damages of $13,500 (10,000 euros) to the family.
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, voters elected President Heinz Fischer of 
the SPO to a 6-year term.
    The Constitution provides for full public access to government 
information. Authorities can only deny such access if doing so would 
violate substantial data protection rights or would involve information 
that is of ``national security interest.'' Petitioners can challenge 
denials before the Administrative Court. Application of this law has 
been largely uncontroversial.
    There were 59 women in the 183-seat National Assembly and 18 in the 
62-member Federal Assembly. There were 5 women in the 12-member Federal 
Cabinet.
    Although there was relatively little minority representation at the 
national level, no precise statistics were available, since most people 
self-identified as Austrians, not as members of minorities.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    A number of domestic and international human rights groups 
generally operated without government restriction, investigating and 
publishing their findings on human rights cases. In some cases, groups 
were dissatisfied with the information supplied by authorities in 
response to specific complaints. There were no reports of 
discrimination against organizations that report on human rights. The 
Human Rights Advisory Council, composed of representatives from the 
Justice and Interior Ministries, and NGOs, operated to ensure that the 
police and gendarmerie respected human rights while carrying out their 
duties.
    In May, the Government adopted a revised Equal Treatment Bill, 
implementing the EU Anti-Discrimination and Anti-Racism Guidelines. The 
bill went into effect on July 1. Opposition parties and NGOs criticized 
the Government for having integrated the EU guidelines into existing 
legislation, rather than formulating a specific anti-discrimination 
law. Although NGOs conceded that the revised law was a positive step, 
they criticized the sanctions and fines for noncompliance as too weak. 
They also criticized the Government for not comprehensively including 
NGOs in the consultation process.
    The Austria Convention (Oesterreichkonvent) continued the work 
begun in May 2003 on reforming the national Constitution. One committee 
focused on streamlining human rights provisions in the Constitution, 
including the creation of a list of all fundamental human rights. Final 
recommendations were due in early 2005.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The law provides for protection against discrimination in 
employment, provision of welfare benefits, and other matters, and the 
Government generally enforced these provisions effectively. In August, 
a public debate took place on expanding the rights of homosexuals.

    Women.--Although no accurate statistics were available, violence 
against women was a problem. Police and judges enforced laws against 
violence; however, media reports estimated that fewer than 10 percent 
of abused women filed complaints. The Association of Houses for 
Battered Women estimated that one-fifth of the country's 1.5 million 
adult women had suffered from violence in a relationship. The law 
provides that police can expel abusive family members from family homes 
for up to 3 months. In 2003, an injunction to prevent abusive family 
members from returning home was applied in 4,180 cases. The Government 
also sponsored shelters and helplines for women.
    Prostitution is legal; however, trafficking for the purposes of 
prostitution is illegal and was a problem (see Section 5, Trafficking). 
Laws regulating prostitution require prostitutes to register, undergo 
periodic health examinations, and pay taxes. Despite the existence of 
legal prostitution, illegal prostitution was a problem.
    The law prohibits sexual harassment, and the Government effectively 
enforced those laws. Of the 2,556 new cases brought to the Ombudsmen 
for Equal Opportunity in 2003, 394 were complaints of sexual 
harassment. The Federal Equality Commission, as well as the Labor 
Court, may order employers to compensate victims of sexual harassment.
    There are no legal restrictions on women's rights. A Federal 
Equality Commission and a Federal Commissioner for Equal Treatment 
oversee laws prescribing equal treatment of men and women.
    In 2003, 62.8 percent of women between the ages of 15 and 65 were 
employed; on average, women earned only 79 percent of what men earn for 
the same work. Women were more likely than men to hold temporary 
positions and part-time jobs and also were disproportionately 
represented among those unemployed for extended periods.
    Although labor laws provide for equal treatment of women in the 
civil service, women remained underrepresented. To remedy this 
disparity, the law requires hiring women of equivalent qualifications 
ahead of men in all civil service areas in which less than 40 percent 
of the employees are women, including police; however, there are no 
penalties to agencies for failing to attain the 40 percent target.
    Female employees in the private sector may invoke equality laws 
prohibiting discrimination of women. The Federal Equality Commission 
may award compensation of up to 4 months' salary to women who 
experienced discrimination in promotions because of their gender. The 
Commission may also order compensation for women who were denied a post 
despite having equal qualifications. Parents who work for companies 
with more than 20 employees and have children under the age of 7 have 
the right to work part-time.
    Women may volunteer to serve in the military forces. As of 
September, there were 246 women serving in the military, out of a 
standing force of approximately 35,000, including 4 commissioned 
officers. There were no restrictions on the type or location of 
assignments of women. Ten women worked in peacekeeping assignments 
abroad.
    Some women's rights organizations were politically affiliated, 
while other groups operated autonomously. They usually received wide 
public attention when voicing their concerns. The Government provided 
subsidies to these groups.

    Children.--The law provides for the protection of children's 
rights. Each state government and the federal Ministry for Youth and 
Family Affairs has an Ombudsperson for Children and Adolescents whose 
main function was to resolve complaints about violations of children's 
rights.
    While 9 years of education were mandatory for all children 
beginning at age 6, the Government also provided free education through 
secondary school and subsidized technical, vocational, or university 
education. The majority of schoolage children attended school. 
Educational opportunity was equal for girls and boys. Comprehensive, 
government-financed medical care was available for all children without 
regard to gender.
    Child abuse was a problem. Although there was no societal pattern 
of abuse against children, heightened awareness of child abuse and a 
growing number of reports of incidences of abuse led the Government to 
continue its efforts to monitor the issue and prosecute offenders. 
While doctors were required to report suspected cases of child abuse 
and molestation to the police, there were exceptions if the suspected 
abuser was a close relative of the victim or if the doctor judged it 
necessary for the well-being of the minor. However, in such cases, the 
victim's representative was required to contact a youth care officer or 
a hospital's child protection unit.
    According to the Penal Code, sexual intercourse between an adult 
and a child under 14 years of age is punishable with a prison sentence 
of up to 10 years; in case of pregnancy of the victim, the sentence can 
be extended to up to 15 years.
    In 2003, the Interior Ministry reported 731 cases of child abuse, 
most involving intercourse with a minor. The same year, the Justice 
Ministry reported 193 convictions. Under the law, any citizen engaging 
in the sexual abuse of a child in a foreign country is punishable under 
Austrian law, even if the actions are not punishable in the country 
where the abuse was committed. The law also provides for criminal 
punishment for the possession, trading, and private viewing of child 
pornography. Exchanging pornographic videos of children is illegal even 
if done privately rather than as a business transaction.
    The Federal Crime Authority had a special department for cyber 
crime, with an anonymous e-mail point of contact for the public to 
report on child pornography on the Internet.
    Trafficking of children remained a problem (see Section 5, 
Trafficking).

    Trafficking in Persons.--The law prohibits trafficking in persons; 
however there were reports that trafficking occurred. Trafficking in 
women for forced prostitution and domestic service was a problem. Child 
trafficking was a problem.
    Articles 217, 104, and 104a of the Criminal Code, as well as 
Paragraph 105 of the Aliens Act, are the key provisions for the 
prosecution of traffickers, addressing: Trafficking for prostitution 
through deception regarding the purpose of the journey, coercion, or 
the use of force; trafficking for the purposes of slavery; alien 
smuggling; and the exploitation of aliens without specifically 
requiring demonstration of prostitution as a goal or assistance in the 
illegal entry of aliens. In February, Parliament passed legislation 
that expanded the definition of trafficking to include trafficking of 
persons for the exploitation of labor and trafficking of organs. This 
legislation entered into effect in May.
    Trafficking is illegal and punishable by prison sentences of up to 
10 years. Trafficking for purposes of slavery is punishable by a prison 
sentence from 10 to 20 years. The maximum penalty for alien smuggling 
is 10 years' imprisonment.
    The Interior Ministry's Federal Bureau for Criminal Affairs has a 
division dedicated to combating human trafficking. Law enforcement 
officials have established contacts with authorities in countries of 
origin to facilitate the prosecution of suspected traffickers.
    The country was a transit point and final destination for women 
trafficked from Bulgaria, Romania, Ukraine, Moldova, the Balkans, and, 
to a lesser extent, the Czech Republic, Slovakia, and Hungary. The 
women were trafficked into the country primarily for the purpose of 
sexual exploitation. Women also were trafficked from Asia and Latin 
America for domestic labor. Police noted increased trafficking of 
Bulgarian children to engage in begging and stealing in Viennese 
shopping centers. There were also reports that some children were 
trafficked for possible sexual exploitation.
    There were no accurate statistics on trafficked persons. However, 
the number of intercepted illegal immigrants, some of whom some were 
believed to be trafficking victims, continued to increase. In 2003, the 
NGO LEFOE reported that it assisted 142 victims of trafficking, down 
from 208 victims in 2002. The country was particularly attractive to 
traffickers because of its geographic location and because citizens of 
the Czech Republic, Slovakia, Hungary, Romania, and Bulgaria did not 
need visas to enter the country. Most trafficked women were brought to 
the country with promises of unskilled jobs such as nannies or 
waitresses. Upon arrival, they were coerced into prostitution. 
According to police, there also were cases of women who knowingly 
entered the country to work as prostitutes, but who then, were forced 
into dependency akin to slavery. Most victims were in the country 
illegally and feared being turned into authorities and deported. 
Traffickers usually retained victims' official documents, including 
passports, to maintain control over them. Victims of trafficking 
reported being subjected to threats and physical violence. A major 
deterrent to victim cooperation was widespread fear of retribution, 
both in the country and in the victims' countries of origin.
    The majority of traffickers arrested by police were citizens; 
however, the number of foreigners engaged in trafficking has increased 
over the years. Police estimated that a large portion of trafficking 
was controlled by organized crime, primarily from Eastern Europe.
    The Government provided temporary residence to trafficking victims 
who were prepared to testify or who intended to file civil law claims. 
However, victims still rarely agreed to testify, due to fear of 
retribution. Temporary residency status allowed victims to stay in the 
country only during a trial. There were no provisions allowing victims 
of trafficking to remain in the country following their testimony; 
virtually all victims were repatriated.
    LEFOE provided secure housing and other support for victims of 
trafficking. The International Organization for Migration sought to put 
victims in contact with NGOs in their countries of origin upon their 
return. With financial assistance from the Interior Ministry, LEFOE 
also continued to operate the Intervention Center for Victims of the 
Trade in Women in Vienna, which provided services to trafficked women, 
including psychological, legal, and health-related counseling and 
assistance, emergency housing, and German language courses. There were 
also NGOs in other cities financed by federal and local governments, 
which provided counseling and assistance.
    The Government worked actively with international and regional 
organizations to carry out preventive programs throughout the region. 
Government-funded research on the problem of trafficking and NGO 
prevention work included anti-trafficking brochures, law enforcement 
workshops, and international conferences, funded with the help of 
private sources. The Government also funded intervention centers that 
provided emergency housing or psychological, legal, and health-related 
assistance to victims. The Government was also active in U.N. and 
Organization for Security and Cooperation in Europe international 
efforts to combat trafficking.

    Persons With Disabilities.--The law protects persons with 
disabilities from discrimination in housing, education, and employment 
and explicitly requires the Government to provide for equal rights for 
persons with disabilities ``in all areas of everyday life.'' The law 
requires all private enterprises and state and federal government 
offices to employ one person with disabilities for every 25 to 40 
employees, depending on the type of work. Employers who do not meet 
this requirement must pay a fee to the Government, and the proceeds 
help finance services for persons with disabilities such as training 
programs, wage subsidies, and workplace adaptations. However, many 
observers criticized the law for setting penalties too low to 
discourage companies from ignoring the requirement. There were no 
reports of societal discrimination against persons with disabilities. 
In addition to funding a wide range of programs for persons with 
disabilities, the Government budgeted $94.5 million (70 million euro) 
during the year to fund projects that employed persons with 
disabilities.
    Federal law mandates access to public buildings for persons with 
physical disabilities; however, low fines and insufficient enforcement 
resulted in the inaccessibility of many public buildings to persons 
with disabilities.
    Adults with mental disabilities may be sterilized only in cases 
where a pregnancy would be considered ``life-threatening,'' although no 
such sterilizations have been performed in recent years. The law 
prohibits the sterilization of minors.

    National/Racial/Ethnic Minorities.--The law recognizes six national 
minority groups: Croats, Czechs, Hungarians, Roma, Slovaks, and 
Slovenes. In the past, any community where at least 25 percent of the 
population belonged to one of these groups was entitled to bilingual 
town signs, education, media, and access to federal funds earmarked for 
national minorities. As of September, there was still no decision on 
implementation of the 2001 Constitutional Court ruling ordering the 
lowering of the standard.
    Most human rights groups claimed that Roma faced particular 
discrimination in employment and housing. Members of other minority 
groups, such as Turks, were not considered indigenous national 
minorities and did not have access to the same type of assistance. 
However, Turkish citizens benefited from a wide range of language and 
job promotion courses. NGOs complained that Africans living in the 
country experienced verbal harassment in public.
    Statistics for 2003 showed a continued decrease in the number of 
neo-Nazi, rightwing extremist, and xenophobic incidents. During 2003, 
the Interior Ministry recorded 299 incidents, compared to 326 in 2002. 
During the year, the Government continued to express concern over the 
activities of extreme-right skinhead and neo-Nazi groups, many with 
links to organizations in other countries.
    In March, the domestic NGO ZARA, in conjunction with other groups, 
released a report entitled ``Racism 2003,'' which found that persons 
from diverse ethnic and racial backgrounds faced increasing 
discrimination from government officials, particularly police, as well 
as in the workplace and in housing. The report cited 140 examples of 
discrimination faced by immigrants on a daily basis and called for the 
strengthening of public education and legal protections for immigrants.
    The Government continued its training program designed to combat 
racism and educate the police in cultural sensitivity.
Section 6. Worker Rights
    a. The Right of Association.--The Constitution provides workers the 
right to form and join unions without prior authorization or excessive 
requirements, and workers exercised this right in practice. No workers 
were prohibited from joining unions. An estimated 47 percent of the 
work force was organized into 13 national unions belonging to the 
Austrian Trade Union Federation (OGB), which had a highly centralized 
leadership structure. Association of national unions with the OGB was 
voluntary. Individual unions and the OGB were independent of government 
or political party control, although formal factions within these 
organizations were allied closely with political parties.

    b. The Right to Organize and Bargain Collectively.--The law allows 
unions to conduct their activities without interference, and the 
Government protected this right in practice. Collective bargaining is 
protected in law and was freely practiced. Approximately 80 percent of 
the workforce was under collectively bargained agreements. Almost all 
large companies, private or state-owned, were organized. The OGB and 
the National Chamber of Commerce and its associations, which 
represented the employers, negotiated collective agreements covering 
wages, benefits, and working conditions for each industry. The OGB was 
exclusively responsible for collective bargaining.
    The Constitution and national legislation do not explicitly provide 
for the right to strike; however, the Government recognized the right 
in practice. There were three legal strikes during the year. The law 
prohibits retaliation against strikers, and the Government effectively 
enforced the law. A special arbitration court for social affairs, which 
is part of the judicial system, generally handled legal disputes 
between employers and employees regarding job-related matters. Unions 
have access to the arbitration court.
    There are no export processing zones.

    c. Prohibition of Forced or Compulsory Labor.--The law prohibits 
forced or compulsory labor, including by children; however, trafficking 
was a problem (see Section 5).

    d. Prohibition of Child Labor and Minimum Age for Employment.--The 
minimum legal working age is 15 years. The Labor Inspectorate of the 
Ministry of Social Affairs effectively enforced this law. The 
Government has adopted laws and policies to protect children from 
exploitation in the workplace.
    There were reports of trafficking of children and child labor (see 
Section 5).

    e. Acceptable Conditions of Work.--There is no legislated national 
minimum wage. Instead, nationwide collective bargaining agreements set 
minimum wages by job classification for each industry. The accepted 
unofficial annual minimum wage is $13,500 to 14,850 (10,000 to 11,000 
euros), and it provided a decent standard of living for a worker and 
family.
    The Act on Working Hours regulates working hours and limits 
standard working hours to 8 hours per day and up to 40 hours per week. 
The standard workday may be extended to 10 hours, as long as the weekly 
maximum is not exceeded. Statutory provisions cover compulsory time off 
on weekends and official holidays. If the workday exceeds 6 hours, a 
half-hour break in between is mandatory. An employee also must have at 
least 11 hours off between workdays.
    Overtime is defined as a period of working hours exceeding the 
daily or weekly maximum of the standard working hours. Overtime pay is 
150 percent of regular salary. Monetary overtime compensation can be 
substituted by compensatory time off. The law limits overtime to 5 
hours per week plus up to 60 hours per year. Collective bargaining 
agreements may provide for higher limits. In practice, these limits 
were frequently exceeded. These laws and regulations were generally 
effectively enforced, but there were press reports that indicated some 
workers were subject to compulsory overtime.
    Foreign workers are subject to the same regulations as domestic 
workers.
    The Labor Inspectorate of the Ministry of Social Affairs regularly 
enforced laws that provide for mandatory occupational health and safety 
standards. Workers may file complaints anonymously with the Labor 
Inspectorate, which may bring suit against the employer on behalf of 
the employee. However, workers exercised this option rarely; workers 
normally relied instead on the Chambers of Labor, which filed suits on 
their behalf. The Labor Code provides that workers have the right to 
remove themselves from a job if they fear ``serious, immediate danger 
to life and health'' without incurring any prejudice to their job or 
career, and the Government effectively enforced this law.

                               __________

                               AZERBAIJAN

    Azerbaijan is a republic with a presidential form of government. 
The Constitution provides for a division of powers between a strong 
presidency and parliament (Milli Majlis), which has authority to 
approve the budget and to impeach the President. The President 
dominated the executive, legislative, and judicial branches of 
government. Ilham Aliyev, the son of former president Heydar Aliyev, 
was elected President in October 2003 in a ballot that did not meet 
international standards for a democratic election due to numerous, 
serious irregularities. There were similar irregularities during 
parliamentary elections in 2001 and 2003, and some domestic groups 
regarded the Parliament as illegitimate. Only 5 of the Parliament's 125 
members were opposition members. The Constitution provides for an 
independent judiciary; however, it was corrupt, inefficient, and did 
not function independently.
    The Ministry of Internal Affairs (MIA) and Ministry of National 
Security are responsible for internal security and report directly to 
the President. Civilian authorities maintained effective control of 
security forces. Members of the security forces committed numerous 
human rights abuses.
    The Government continued programs to develop a market economy; 
however, the pace of reforms was uneven. The population was 
approximately 8 million, of which an estimated 2 million lived and 
worked abroad. Widespread corruption and patronage reduced competition. 
The slow pace of reform limited development outside the oil and gas 
sector, which accounted for more than 80 percent of export revenues. 
Private commercial agriculture remained weak; subsistence farming 
dominated the rural economy. Economic growth was approximately 10 
percent. Nationwide poverty decreased, although 44 percent of the 
population lived below the poverty level. Unemployment estimates ranged 
from 15 to 20 percent.
    The Government's human rights record remained poor, and it 
continued to commit numerous abuses. The Government continued to 
restrict the right of citizens to peacefully change their government. 
There were four deaths that occurred in custody allegedly due to 
beatings. Police tortured and beat persons in custody, and used 
excessive force to extract confessions. In most cases, the Government 
took no action to punish abusers. Prison conditions remained harsh and 
life threatening, and some prisoners died as a result of these 
conditions; however, the Government permitted independent monitoring of 
prison conditions by local and international humanitarian groups. 
Arbitrary arrest and detention and lengthy pretrial detention continued 
to be problems. After the October 2003 presidential elections, 
authorities conducted a wave of politically motivated arrests of more 
than 700 persons, including, opposition members, journalists and 
election officials. According to Organization for Security and 
Cooperation in Europe (OSCE) observers, many of the trials of those 
accused of post-election violence did not meet OSCE and other 
international standards. In a series of presidential pardons, a number 
of political prisoners, as defined by the Council of Europe (COE), were 
released. Authorities interfered with privacy rights.
    The Government continued to restrict freedom of speech and of the 
press. Defamation lawsuits brought by officials against independent 
journalists and newspapers and high court fines for libel remained 
significant problems for the media. The Government restricted freedom 
of assembly and did not sanction any demonstrations by opposition 
political parties during the year. The Government continued to restrict 
freedom of association by harassing domestic human rights activists and 
nongovernmental organizations (NGOs). There were some restrictions and 
abuses of religious freedom, and low-level and local government 
officials continued to harass minority religious groups. Violence 
against women, societal discrimination against women and certain ethnic 
minorities, trafficking in persons, and limitations of some worker 
rights remained problems.
    Despite a cease-fire in effect since 1994, minor outbreaks of 
fighting with Armenia over Nagorno-Karabakh occurred, resulting in six 
deaths of civilians and combatants during the year. Armenian forces 
continued to occupy an estimated 16 percent of the country's territory, 
including Nagorno-Karabakh. The occupation dominated national politics 
and undermined democratic and economic development in the country. The 
Government did not exercise any control over developments in 
territories occupied by Armenian forces, and little verifiable 
information was available on the human rights situation there. 
Approximately 800,000 Azerbaijanis remained refugees or internally 
displaced persons (IDPs) after fleeing or having been forced from their 
homes between 1988 and 1993.
                        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; however, during the year there were four deaths in custody due 
to alleged abuse and mistreatment. Authorities did not prosecute 
suspected abusers in these cases (see Section 1.d.).
    In March, Etibar Najafov was arrested on misdemeanor charges and 
taken to Sabayil District Police Department. Authorities allegedly beat 
him during questioning, but the Government reported that he died while 
trying to escape from a 2nd floor window. In April, Akif Mirzayev died 
in a prison hospital after allegedly being beaten in the Organized 
Crime Department of the Ministry of Internal Affairs while serving a 5-
year sentence for kidnapping. The Government said he was a drug addict 
who had cirrhosis of the liver. In May, Azer Safarov died after 
allegedly being beaten at the Sumgayit City Police Station. Authorities 
acknowledged arresting Safarov on burglary charges but denied 
responsibility for his death. In December, Badal Babayev died after 
allegedly being beaten in an Absheron police station. His body was 
covered in bruises. Authorities said Babayev died of a heart attack 
after he left the police station. Authorities did not conduct further 
investigations into any of these cases.
    In October 2003, law enforcement officials beat to death one person 
at a post-election demonstration that turned violent (see Section 
2.b.). There was no development in this case or in the 2002 death of 
Beylar Kuliyev, who died in police custody after 10 days of 
interrogation.
    During the year, the press reported that four army conscripts died 
of causes attributed to military hazing.
    Occasional cease-fire violations by both sides in the conflict with 
Armenia over Nagorno-Karabakh resulted in six deaths and injuries to 
civilians and soldiers during the year. According to the National 
Agency for Mine Actions, landmines killed 13 persons and injured 21 
during the year.

    b. Disappearance.--There were no reports of politically motivated 
disappearances.
    The International Committee of the Red Cross (ICRC) continued to 
urge the Government and Armenia to provide information on the fate of 
persons missing in action since the fighting over Nagorno-Karabakh 
began. Since the early 1990s, the ICRC has collected the names of 
approximately 3,100 individuals of various ethnic backgrounds that 
remain missing because of the conflict. However, the Government 
estimated that approximately 4,850 citizens remained missing and were 
allegedly held by Armenia.
    During the year, the ICRC assisted in the return of four 
Azerbaijani citizens from Armenia at the request of the Government.

    c. Torture and other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The law prohibits such practices and provides for 
punishment of up to 10 years in jail; during the year, there were fewer 
credible reports that security forces beat and tortured detainees and 
used excessive force to extract confessions during interrogations and 
pretrial detention. However, torture remained a problem.
    Following post-election disturbances that turned violent in Baku in 
October 2003, MIA personnel detained, tortured, and beat three leading 
opposition leaders: Hope Party Chairman Iqbal Agazade, Azerbaijan 
Democratic Party (ADP) Secretary General Sardar Jalaloglu, and the 
ADP's election secretary Natiq Jabiyev (see Section 3).
    In 2003, Human Rights Watch (HRW) documented numerous cases of 
beatings, torture, and verbal abuse, including threats of rape, by the 
MIA's organized crime unit following the post-election violence in 
October 2003 (see Section 1.d.). HRW reported that police also severely 
beat and tortured detainees to extract confessions and pressured them 
to sign false statements to denounce and implicate opposition leaders 
in the post-election violence. For example, during the trial of seven 
opposition leaders accused of organizing and participating in the post-
election violence, some witnesses testified that they were coerced into 
giving false depositions (see Section 1.e.). By year's end, there had 
been no investigation into these abuses.
    Police also harassed members of certain religious groups, such as 
Baptists, Adventists, Jehovah's Witnesses, and the Muslim Juma Mosque 
Community, and there were reports of several beatings of members of the 
Jehovah's Witnesses (see Section 2.c.). No measures were taken against 
police who detained and beat Haji Jubrail Alizade following clashes in 
2002 in Nardaran between protesters and police.
    Prison conditions remained harsh and sometimes life threatening. 
Overcrowding and poor medical care combined to make the spread of 
infectious diseases a serious problem. Tuberculosis (TB) remained the 
primary cause of death in prisons. The Government reported that 774 
prisoners were treated for TB during the year. However, due to the 
absence of systematic medical screening, prisoners often started TB 
treatment when already seriously ill. Many prisoners relied on families 
for food and medicine, who often paid bribes to gain access to 
imprisoned relatives.
    Harsh prison conditions resulted in deaths during the year.
    There were separate facilities for men, women, juveniles, convicts, 
and pretrial detainees.
    In maximum-security facilities, authorities limited physical 
exercise for prisoners, as well as visits by attorneys and family 
members. Some pretrial detainees were kept in ``separation cells,'' 
often located in basements, to conceal evidence of physical abuse and 
where food and sleep reportedly were denied to elicit confessions.
    During the year, the Ministry of Justice (MOJ), which oversees the 
prison system, continued a program to improve prison conditions and 
renovated five prisons. In 2003, the Government built five new prisons 
and several were renovated.
    The government permitted visits by international and local 
humanitarian and human rights groups. In 2002, the Government extended 
the ICRC's access to all detainees and prisoners. The ICRC also had 
access to prisoners of war (POWs) and to civilians held in connection 
with the conflict over Nagorno-Karabakh. Foreign observers were allowed 
to enter maximum-security prisons and to meet with alleged political 
prisoners. During the year, human rights activists worked with the MOJ 
to create a monitoring group that could visit prisons regularly and 
report on conditions. The group worked with the MOJ's Deputy Minister 
to increase accountability of prison staff and to improve prison 
conditions. In September, the head of one Baku prison was dismissed 
after the monitoring group complained to the MOJ about his conduct. 
Domestic observers' access to police stations remained restricted.

    d. Arbitrary Arrest or Detention.--The Constitution prohibits 
arbitrary arrest and detention; however, the Government generally did 
not observe these prohibitions in practice, and impunity remained a 
problem.
    The MIA and Ministry of National Security are responsible for 
internal security and report directly to the President. The MIA 
oversees local police forces and maintains internal civil defense 
troops. The Ministry of National Security has a separate security 
force.
    Police corruption mainly consisted of levying spurious and informal 
fines for traffic and other minor violations and extracting protection 
money from local residents. Police officers received a pay raise during 
the year; however, low wages of law enforcement officials continued to 
contribute to police corruption.
    In most cases, the Government took little or no action to 
investigate reports of arbitrary arrest or detention; however, the 
Government reported that during the year, it took disciplinary action 
against 78 police officers for 57 cases of abuse of human rights and 
civil liberties. Of these, 11 officers were dismissed from the Ministry 
of Interior, 12 officers were charged criminally, 6 officers were 
dismissed from their positions, and 1 officer was demoted.
    By year's end, the Government did not arrest any police officers or 
announce the results of an investigation into election-related police 
clashes with journalists and opposition activists in September and 
October 2003.
    The Government did not investigate or take any punitive action 
against individuals named in a 2003 HRW report that documented numerous 
cases of torture and abuse of opposition supporters that were detained 
by the MIA's Organized Crime Department following the post-election 
violence in October 2003. Several of the officers allegedly involved in 
the abuses received promotions during the year, including the Chief of 
the Organized Crime Department, who was promoted from Colonel to 
General (see Sections 1.c. and 2.b.).
    During the year, an international foundation trained more than 160 
security officers attached to the Special State Protective Service 
(SSPS) in human rights theory, standards, and practices. The officers 
who participated in the training were recruited from the SSPS, the 
State Border Guard, the Army, and police. The SSPS, a government agency 
responsible for protecting the Baku-Tbilisi-Ceyhan pipeline, 
coordinates pipeline security with different ministries.
    Authorities often arbitrarily arrested and detained persons without 
legal warrants. The law allows police to detain and question 
individuals for 3 hours without a warrant. The Constitution also states 
that persons who are detained, arrested, or accused of a crime should 
be advised immediately of their rights, reason for arrest, and should 
be accorded due process of law; however, authorities did not respect 
these provisions in practice.
    The Constitution also provides for access to a lawyer from the time 
of detention; however, access to lawyers was poor, particularly outside 
of Baku (see Section 1.e.). Authorities often restricted family visits 
and withheld information from family members; frequently, days passed 
before they could obtain any information about detained relatives. Bail 
was commonly denied and lengthy pretrial detention was a serious 
problem.
    Police detained more than 700 persons across the country in October 
2003, most of whom were members of the opposition Musavat party, 
following post-election demonstrations in Baku that turned violent. Of 
126 persons found guilty, 41 were given prison terms, 79 others 
received suspended sentences, and 6 received limited liberty sentences. 
The trial for the remaining 10 defendants continued at year's end. 
Other opposition parties also reported numerous brief detentions before 
the October 2003 presidential election.
    In August, authorities again detained ADP Secretary Taliyat Aliyev 
following an incident outside the trial of seven opposition leaders 
charged with participating and organizing the October 2003 post-
election violence (see Section 1.e.). Authorities charged Aliyev with 
pressuring a witness to give false testimony and with assaulting and 
injuring a police officer and detained him while the charges were 
investigated. At year's end, the case had not been tried and Aliyev 
remained in detention. Authorities had also detained Aliyev in 
September 2003.
    As compared with the previous year, there were fewer incidents of 
police harassing members of opposition political parties or their 
families.
    In August, police reportedly threatened the family of Gabil Rzayev, 
Deputy Chairman of the Umid (``Hope'') Party, to disclose his 
whereabouts. According to party officials, Rzayev sought political 
asylum outside the country after he alleged that police tortured him in 
detention in September 2003.
    On April 2, a three-judge panel convicted Ilgar Ibrahimoglu, the 
Imam of the independent Juma Mosque, of inciting and committing 
violence in connection with a post-election demonstration in October 
2003 that turned violent. He was given a 5-year suspended sentence and 
released immediately, having served 4 months in pre-trial detention. On 
July 30, authorities detained the Imam again together with 25 members 
of the Juma Mosque in connection with activities of the Juma Mosque but 
released him the same day (see Sections 2.c. and 4).
    Two relatives of former Speaker of Parliament and exiled ADP leader 
Rasul Guliyev remained in jail at year's end after convictions for 
crimes related to corruption during Guliyev's term in office. In 
September, authorities pardoned one other relative who was jailed in 
2003.
    During the year, President Aliyev pardoned 810 prisoners, including 
55 prisoners considered political prisoners by local activists. For 
example, in March, 33 persons accused of participating in 2 coup 
attempts against the late President Heydar Aliyev were freed. They 
included former Prime Minister Surat Huseynov. In May, Faina Kunqurova, 
an ADP member convicted on hooliganism charges in 2002, and Jan Mirza-
Mirzoyev, who publicly criticized the Minister of Defense and was 
convicted of murder in 2001, were both pardoned. In September, former 
separatist leader Alikram Humbatov and four other persons connected 
with coup attempts against the late President were freed. None of the 
126 persons convicted on charges stemming from the October 2003 post-
election violence were pardoned. Forty-one remained in prison, and the 
others were either on suspended sentences or limited liberty.
    Also during the year, authorities reportedly released three POWs 
from Armenia taken in connection with the Nagorno-Karabakh conflict.

    e. Denial of a Fair Public Trial.--The Constitution provides for an 
independent judiciary; however, in practice, judges did not function 
independently of the executive branch. The judiciary was corrupt and 
inefficient.
    The executive branch exerts a strong influence over the judiciary. 
The President appoints Supreme and Constitutional Court judges, whom 
Parliament confirms. The President appoints lower-court judges without 
confirmation, as well as the Prosecutor General and the Deputy 
Prosecutor General, both of whom Parliament confirms. The Prosecutor 
General hires prosecutors at the district and republic level.
    Judges' salaries have steadily increased over several years; 
however, there continued to be credible allegations that judges 
accepted bribes, which contributed to the overall lack of respect for 
the rule of law. There were also credible reports that judges and 
prosecutors took instruction from the Presidential Administration and 
the MOJ, particularly in cases that drew attention from international 
observers.
    Judges preside over and direct trials. Courts of general 
jurisdiction may hear criminal, civil, and juvenile cases. District 
courts try the majority of cases. The Supreme Court may not act as the 
court of first instance. One judge hears cases at the district court 
level, while a three-judge panel hears cases at the Court of Appeals, 
the Court of Grave Crimes, and the Supreme Court. The Constitution 
provides all citizens with the right to appeal to the Constitutional 
Court. Citizens also have the right to appeal to the European Court of 
Human Rights.
    The Constitution provides for public trials except in cases 
involving state, commercial, or professional secrets or matters 
involving confidential, personal, or family matters. The Constitution 
provides for the presumption of innocence in criminal cases, pretrial 
discovery, a defendant's rights to confront witnesses and present 
evidence at trial, a court-approved attorney for indigent defendants, 
and appeal for both defendants and prosecutors; however, these 
provisions were not generally respected in practice. Foreign and 
domestic observers usually were allowed to attend trials. Although the 
Constitution prescribes equal status for prosecutors and defense 
attorneys, in practice prosecutors' prerogatives outweighed those of 
the defense.
    The law limits representation in criminal cases to members of a 
state-controlled Collegium of Lawyers (bar association), thereby 
restricting the public's access to legal representation. In August, the 
Government enacted a law that was expected to reform the legal 
profession and establish a more independent bar association by allowing 
independent lawyers to join the Collegium automatically. However, by 
year's end, there was still no independent bar association. The 
Government retained control over the Collegium by using a narrow and 
questionable interpretation of the new law that prevented most 
independent lawyers from joining the bar. Instead, the state-controlled 
Collegium instituted examinations for new members and for the right to 
argue cases before the Supreme and Constitutional Courts. In December, 
several groups of independent lawyers filed lawsuits against the 
Collegium and the MOJ challenging the membership rules. At year's end, 
one case was decided against the lawyers, and two others were pending.
    The Constitution prohibits the use of illegally obtained evidence; 
however, investigations often focused on obtaining confessions rather 
than gathering physical evidence against suspects. Despite defendants' 
claims that testimony was obtained through torture or abuse, no cases 
based on claims of abuse were dismissed, and there was no independent 
forensic investigator to determine the occurrence of abuse (see Section 
1.c.). Serious crimes that were brought before the courts were likely 
to end in conviction; this was a result of judges requiring only a 
minimal level of proof and the close collaboration between prosecutors 
and judges. In the rare instance when a judge determined the evidence 
presented was not sufficient to convict a defendant, judges could and 
did return cases to the prosecutor for additional investigation, in 
effect giving the prosecution a ``second chance'' for a conviction.
    On October 22, the Court of Grave Crimes found seven opposition 
leaders guilty of inciting post-election violence in October 2003 and 
sentenced them to prison terms ranging from 30 months to 5 years. On 
November 19, the Court of Appeals upheld the convictions. At year's 
end, the defendants' appeal was pending with the Supreme Court. The 
defendants were: Rauf Arifoglu, Deputy Chairman of the Musavat Party 
and Editor-in-Chief of Yeni Musavat newspaper; Arif Hajili, Deputy 
Chairman of Musavat Party; Ibrahim Ibrahimli, Deputy Chairman of 
Musavat Party; Panah Huseynov, Chairman of the People's Party; Sardar 
Jalaloglu, General Secretary of the ADP; Igbal Agazade, Chairman of the 
Hope Party; and Etimad Asadov, Chairman of the Karabakh Veterans 
Association.
    The trial began with pretrial testimony in May and was marked by 
lengthy delays and questionable court decisions. In August, several 
witnesses testified that they either had been beaten or pressured to 
give false depositions against the defendants (see Section 1.c.). 
However, the judges neither requested a thorough investigation into the 
allegations of torture, nor gave the witnesses' testimony serious 
consideration in the conviction and sentencing. The OSCE, in its report 
issued after the trials, stated that many of the international rights 
that defendants were entitled to were violated, from the time of arrest 
through the right to a public and reasoned judgment. Specifically, 
officials did not adequately investigate pervasive, credible claims of 
torture; the seven defendants did not have adequate access to the 
prosecution's evidence or time to prepare a defense once they were 
given the materials; there were questions as to the impartiality of the 
judges; and the judgment, which rejected the defense's witnesses on 
spurious grounds and did not address inconsistencies in witness 
testimonies, was not reasoned.
    The country also has a military court system with civilian judges. 
Cases go either to the Court of Grave Crimes on Military Cases or to 
the Collegium on Military Cases under the Court of Appeals and the 
Supreme Court.
    Local NGOs maintained that the Government continued to hold 
political prisoners. However, NGO estimates of the number of political 
prisoners varied, due in part to differing definitions of what 
constitutes a political prisoner. For example, some reported that the 
Government held more than 200 political prisoners, including those 
sentenced in connection with the post-election violence in October 
2003. During the year, NGO activists forwarded to the COE more than 170 
names for consideration as political prisoners.
    In 2002, the COE tasked 2 independent experts to examine 716 cases 
of individuals whom local NGO activists said were political prisoners. 
Using a definition of political prisoners developed by the COE for 
Azerbaijan and Armenia, independent experts eliminated 504 names for 
lack of accurate information, such as a person was not actually 
detained or a person's case had already been investigated. Of the 
remaining 212 cases, the COE experts rendered decisions on 104 and 
released those findings in July. The COE report stated that the experts 
determined that 45 persons were actual political prisoners. Of these 
45, 11 were retried (in retrials later determined not to meet 
international standards), 34 were pardoned either in 2003 or during the 
year, 2 were released following a retrial, and 4 others were released 2 
months after a retrial.
    At year's end, 9 persons deemed to be political prisoners by the 
COE, together with approximately 170 other persons who NGO activists 
said were political prisoners, remained in prison.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The Constitution prohibits arbitrary invasions of 
privacy and monitoring of correspondence and other private 
communications; however, in practice, the Government restricted privacy 
rights.
    The Constitution allows for searches of residences only with a 
court order or in cases provided by law; however, authorities often 
conducted searches without warrants, particularly after the October 
2003 election.
    It was widely believed that the Ministry of National Security and 
MIA monitored telephone and Internet communications, particularly those 
of foreigners and prominent political and business figures; however, 
there was no evidence to support this claim.
    Police continued to intimidate and harass family members of 
suspected criminals. In comparison to the previous year, there were 
fewer allegations that the authorities interfered with opposition 
members and members of their families (see Section 1.d.).
    Some local officials continued to prevent Muslims from wearing 
headscarves (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 and specifically prohibits press 
censorship; however, the Government did not respect these rights in 
practice.
    The Government intimidated and harassed the media, primarily 
through defamation suits, prohibitively high court fines for libel, and 
through measures that hampered printing and distribution of independent 
newspapers and magazines. The print media enjoyed more freedom than the 
broadcast media, and there was lively public debate of government 
policies. However, the Government continued to control state-run 
television and radio, which was the primary source of news and 
information for most of the population.
    A large number of opposition and independent media outlets operated 
during the year. There were more than 40 active independent newspapers 
and magazines and 24 television and radio stations. There also were 10 
``national'' state newspapers and 80 newspapers funded by city or 
district-level officials.
    Most newspapers and magazines were printed in government publishing 
houses or on private printing presses owned by individuals close to the 
Government. The majority of independent and opposition newspapers 
remained in a precarious financial position; they continued to have 
problems paying wages, taxes, and court fines. These financial 
difficulties were worsened by the Government's practice of prohibiting 
state businesses from buying advertising in opposition newspapers and 
pressuring private business to do the same. In January 2003, the late 
President Aliyev suspended until the end of 2005 an estimated $300,000 
(1.5 billion manat) in debt that newspapers owed to the state-owned 
publishing house. These unpaid debts continued to put indirect pressure 
on opposition newspapers by influencing their decision to shut down 
temporarily.
    Government-run and independent kiosks distributed most newspapers 
and periodicals. Distribution of independent and opposition newspapers 
outside of Baku was sporadic. Baku-based journalists reported that 
authorities in the exclave of Nakchivan continued to block distribution 
of opposition newspapers.
    In Baku, the Government tightened enforcement on unregistered, 
independent newspaper vendors who mainly distributed opposition 
newspapers. Authorities claimed that the illegal vendors created 
traffic hazards on city streets. In December, the administrator for the 
Baku subway system prohibited the sale of opposition newspapers within 
the subway system; however, government-affiliated newspapers continued 
to be sold. The country's largest independent newspaper distributor, 
Gaya, did not report any new closures of its kiosks during the year. 
However, it was unable to reopen any of its newsstands that were torn 
down in 2002 in an effort to run the company out of business. Gaya 
reported that of the 55 newspaper stands it once operated throughout 
the country, it retained 36. In June, the Economic Court ruled that the 
13 Gaya newsstands dismantled in Baku should be re-opened. The Baku 
Executive Authority appealed the court's ruling, and both the Court of 
Appeals and the Supreme Court upheld the appeal against Gaya. There 
were no independent newsstands in Nakchivan or other parts of the 
country.
    The Hurriyet newspaper closed in March, and the financial situation 
of most other opposition newspapers remained precarious due to 
government harassment, high court fines, libel lawsuits, and declining 
readership. Unlike previous years, the courts began collecting libel 
fines primarily through freezing bank accounts and collecting profits 
through distribution agencies, which increased the financial burdens of 
some opposition newspapers. During the year, many opposition and 
government-run newspapers reduced circulation and several, including 
prominent opposition paper Yeni Musavat, reduced periodicity and 
stopped printing for short periods because of lack of funds. Other 
publications like Monitor Magazine stopped printing at times during the 
year because of technical difficulties. However, some government 
newspapers also reduced circulation and moderate independent newspapers 
like Echo, Zerkalo, and Ayna either maintained their circulation or 
slightly increased it.
    In addition, Monitor magazine, Yeni Musavat, and Baki Kheber 
endured additional difficulties when they were forced to relocate after 
landlords threatened them with eviction due to government pressure. 
Other opposition newspapers endured threats from the state-owned 
publishing house, which stated that it would not print opposition 
newspapers with unpaid debts.
    Government-controlled radio and television remained the main 
sources of news and information for much of the population. The 
Government periodically used state-run television to denounce and 
harass political parties and leaders who criticized the Government. 
Private television channels broadcast the views of both government and 
opposition officials, but their programs were not available in all 
parts of the country. A total of 36 television and radio channels were 
registered with the MOJ, although only 15 television stations and 9 
radio stations operated. Most television stations were either 
controlled by the Government or by individuals close to the Government.
    Radio was oriented largely to entertainment programming. Radio Free 
Europe/Radio Liberty (RFE/RL) and the Voice of America operated without 
restriction; however, in January, the MOJ rejected RFE/RL's October 
2003 registration application because the paperwork was not in order. 
In April, RFE/RL reapplied, and the MOJ approved the application in 
May. There were no restrictions on satellite broadcasts by foreign 
stations.
    Harassment and violence against journalists continued. The 
Azerbaijan Committee for the Protection of Journalists (RUH) reported 
81 incidents of physical attacks or harassment during the year, in 
contrast to 170 during 2003.
    In July, unknown persons allegedly kidnapped and beat Aydin 
Guliyev, editor of the Baki Kheber newspaper. He was subsequently 
released. On July 25, two unknown assailants struck Eynulla Fatulliyev, 
a staff writer for Monitor magazine, on the head with a lead pipe. Both 
journalists had written articles critical of presidential chief of 
staff Ramiz Mekhdiyev; however, there was no evidence to suggest the 
attack on Fatulliyev was connected with his work. The Government 
continued its investigation into the incidents at year's end.
    In 2003, police injured and detained many journalists at various 
election-related events (see Sections 1.c. and 1.d.). Most of the 
injuries occurred at election-related demonstration in October 2003. 
According to the Azerbaijan Journalists Confederation and RUH, police 
beat 54 journalists, detained or arrested 18, and damaged the equipment 
of 6 others.
    There is no transparent or independent mechanism to issue licenses 
for television or radio stations. The National Council for Television 
and Radio, which was created in 2002, was responsible for issuing 
licenses and for monitoring television and radio broadcasts. However, 
it was inefficient and did not function independently of the 
Government. Because the Government had not established a fee structure 
to obtain a broadcast license, no new television stations could be 
licensed within the provisions of the law during the year. At year's 
end, nine applications for license renewals from entertainment-oriented 
television stations remained pending.
    In March, the President vetoed a bill on Public Television and 
Radio Broadcasting, sending it back to Parliament for revisions that 
would bring it more in line with international requirements set out by 
the COE. In September, the President signed a new version of the law, 
which provides for a public television channel to be created on the 
basis of a second, state-run channel, AZTV2. The primary state-run 
channel, AZTV1, would continue operating. International and local NGOs 
expressed concern that without abolishing AZTV1, a public television 
channel would not have the resources to become an effective alternative 
source for news and information.
    Libel is a criminal offense; the law allows for large fines and up 
to 3 years' imprisonment. According to the RUH, 13 lawsuits were 
successfully brought against 7 print media outlets during the year. Six 
of these cases resulted in monetary fines, totaling approximately 
$69,000 (345 million manat). In contrast, in 2003, 40 libel suits were 
brought against 18 journalists and media outlets for total fines of 
$325,000 (1,592.5 million manat). In 2002 and 2003, the popular 
opposition newspaper Yeni Musavat was successfully sued for libel 22 
times with fines totaling approximately $100,000 (500 million manat).
    In February, a libel suit brought against the Mukhalifat newspaper 
in 2003, ended with a 2-year suspended sentence against the editor and 
editor-in-chief. Two of three criminal charges brought in 2002 against 
Yeni Musavat's Editor-in-Chief Rauf Arifoglu were pending at year's 
end. Arifoglu himself was found guilty in October of inciting post-
election violence in October 2003 (see Section 1.e.).
    In August, Baki Kheber editor Aydin Guliyev was sentenced to a 1-
year suspended sentence as a result of a libel suit brought by Jalal 
Aliyev, the brother of former president Heydar Aliyev. Guliyev had 
reprinted an article from Alternative newspaper; however, Aliyev did 
not bring a lawsuit against Alternative newspaper.
    In October a district court in Baku ordered Eynulla Fatulliyev to 
begin paying a $2,000 (10 million manat) fine for libeling two high-
ranking Ministry of Defense officers in a Monitor Magazine article in 
2002 about military hazing. Under the court order, Fatulliyev was 
required to pay $2 (10,000 manat) every month for 30 years. In 
addition, court executors inventoried Fatulliyev's parents' apartment. 
The court also impounded Monitor Magazine's profits from distribution 
agencies to pay for its portion of the same libel fine.
    The Government required Internet Service Providers to have licenses 
and formal agreements with the Ministry of Communications and 
Information Technologies. At year's end, there were 21 licensed 
providers. Public Internet access at a wide variety of Internet clubs 
and cafes cost less than 50 cents (1,500-2,000 manat) per hour; 
however, home connectivity and access to affordable computers were 
still cost-prohibitive for the average user. Internet usage grew 
significantly in Baku, Sumgayit, Ganja, Mingechevir, Lenkoran, and 
Sheki, but it was less common in other parts of the country. There was 
no evidence to support the widely held belief that the Government 
monitored Internet traffic of foreign businesses and opposition leaders 
(see Section 1.f.).
    The Government generally did not restrict academic freedom. Several 
tenured professors were active in opposition parties; however, some 
faculty and students did experience political pressure. Following the 
October 2003 election, some professors and teachers said they were 
dismissed because of their membership in opposition political parties. 
Also in 2003, police harassed and detained Elnur Sadikhov, a university 
student and correspondent for the Popular Front Party's (PFP) Azadliq 
newspaper in Ganja. Ganja State University subsequently suspended his 
enrollment; press reports said Sadikhov had left the country.

    b. Freedom of Peaceful Assembly and Association.--The Constitution 
provides for freedom of assembly; however, the Government restricted 
this right in practice. While the law allows individuals and political 
parties to assemble and organize demonstrations, it also requires prior 
notification and in some cases a permit from government authorities. 
During the year, the Government sanctioned only 1 rally, a gathering of 
some 250 persons in September in Baku to protest the planned arrival of 
Armenian officers for a NATO exercise.
    In May, the PFP applied several times for a permit to hold a 
demonstration. The Baku Executive Authority (BEA) repeatedly denied the 
requests stating that the issues the PFP wanted to protest were either 
being addressed by the Government or were not true. In June, the PFP 
sought to overturn the BEA's denials in district court, but the court 
upheld the BEA's actions. However, the Court of Appeals overturned the 
lower court's ruling and remanded the case back to the district court. 
The case remained pending at year's end. The BEA also repeatedly denied 
requests from other opposition political parties during the year for 
permits, and police frequently broke up pickets and demonstrations, at 
times detaining protestors.
    In June, members of the Organization of Karabakh Liberation (OKL) 
protested the Armenian military presence at a planning conference for a 
NATO exercise. Several protestors shoved their way into the conference 
room by breaking a glass door. Authorities arrested 15 protestors. In 
August, six OKL members were convicted of hooliganism and disrupting 
public order; they were sentenced from 3 to 5 years' imprisonment. In 
September, the Court of Appeals reversed the jail terms and issued 
suspended sentences.
    In the months before and after the October 2003 election, the 
Government routinely and forcibly disrupted unsanctioned protests. 
Police and MIA officers harassed, beat, and detained opposition party 
members, demonstrators, and journalists who took part in mostly 
peaceful demonstrations and political meetings in Baku, Lenkoran, and 
Nardaran. Authorities injured and detained many persons, some of whom 
were beat in detention (see Sections 1.c., 1.d., and 2.a.). On October 
22, the trial of seven opposition leaders arrested in connection with 
the post-election demonstrations in October 2003 ended with guilty 
verdicts (see Section 1.e.). They were sentenced to imprisonment of up 
to 5 years for inciting clashes between police and protestors.
    Following the election, Musavat Party supporters gathered outside 
party headquarters to protest election results; security forces broke 
up the meeting, harassing and beating many participants. The following 
day a large crowd gathered in downtown Baku for an unsanctioned 
demonstration that turned violent. Security forces used excessive 
force, beating demonstrators, killing 1 person, and injuring at least 
300 persons. Several hundred persons were arrested. Of that number, 41 
were convicted of crimes related to the disturbances and given moderate 
prison terms. Another 79 were found guilty but given suspended 
sentences (see Sections 1.c., 1.d. and 1.e.). The trial of the 
remaining 10 defendants continued at year's end.
    A joint monitoring group, created by an NGO and the MIA in 2003, 
continued to work to improve police-journalist interactions at 
demonstrations. During the year, the monitoring group distributed 
personal identification cards, vehicle identification cards, and 
special clothing to distinguish journalists from demonstrators.
    During the year, the Government took no action to investigate or 
prosecute MIA officers who reportedly beat villagers in Nardaran in 
2002.
    The Constitution provides for freedom of association; however, in 
practice, the Government continued to restrict this right. A number of 
provisions allowed the Government to regulate the activities of 
political parties, religious groups, businesses, and NGOs, including a 
requirement that all organizations register either with the MOJ or the 
State Committee on Work with Religious Associations (SCWRA). 
Registration was required to rent property, open a bank account, and 
function as a legal entity. However, the vague, cumbersome, and 
nontransparent registration procedures resulted in long delays that, in 
effect, limited citizens' right to associate. There were more than 40 
registered political parties (see Section 3).

    c. Freedom of Religion.--The Constitution provides for freedom of 
religion, and the law expressly prohibits the Government from 
interfering in the religious activities of any individual or group 
except in cases where public order and stability may be threatened; 
however, several legal provisions allow the Government to regulate 
religious groups. There were some abuses, restrictions, and instances 
of discrimination against minority religions.
    In the northern city of Khachmaz, community members reported that 
on several occasions police harassed and detained some Muslims who had 
disrupted public order. The police allegedly shaved the detainee's 
beards; however, police officials denied detaining anyone for religious 
reasons.
    The Law on Religion requires religious organizations to register 
with the SCWRA. Government authorities gave SCWRA and its chairman, 
Rafiq Aliyev, sweeping powers over registration; control over the 
publication, import, and distribution of religious literature; and the 
power to suspend the activities of religious groups that violate the 
law. The registration process was burdensome; there were frequent, 
lengthy delays to obtain registration. Religious groups may appeal 
registration denials to the courts. Since SCWRA was established in 
2001, more than 350 groups have successfully registered. Only 
registered religious groups may maintain a bank account, rent property, 
and act as a legal entity. Unregistered organizations were vulnerable 
to closure as a result of charges that they were engaged in illegal 
activities. These restrictions made it difficult, but usually not 
impossible, for groups to function.
    Several religious groups reported that they were still not 
registered despite repeated applications; however, they continued to 
function. Unregistered churches included the Greater Grace Baptist 
Church, the Baptist community in Neftchala, and Protestant churches in 
Sumgayit.
    On January 16, authorities ordered the Juma Mosque congregation in 
Baku to vacate its premises because of Imam Ilgar Ibrahimoglu's and the 
community's political activities. The law prohibits a religious 
organization from directly involving itself in political activities, 
and Ibrahimoglu was a human rights activist with DEVAMM and head of the 
Baku Chapter of the International Religious Liberty Association. The 
Juma Mosque congregation, which registered with the MOJ in 1993, has 
refused to reregister with SCWRA amid concerns that the new process 
might allow the Government to interfere with its practices. On March 1, 
the Sabayil District court ordered the mosque to be turned over to the 
Icheri Sheher Historical and Architectural National Reserve. The mosque 
belongs to city of Baku. On March 11, the community appealed the 
eviction. In April, the Court of Appeals upheld the Sabayil District 
Court Decision. On June 30, MOJ officials and police began the court-
ordered eviction of the Juma Mosque community from its premises.
    The Caucasus Muslim Board, which approves Muslim religious groups, 
appointed a new religious leader to replace Ibrahimoglu. The mosque 
remained open for worship with the new Imam leading prayers. On July 8, 
authorities closed the building for renovation. The following day, 
approximately 30 members of the Juma Mosque community started afternoon 
prayers on the steps of the mosque. Police used excessive force in 
arresting five worshippers. On July 30, police detained 26 members of 
the Juma Mosque community, including Ibrahimoglu, who had gathered at a 
private home for funeral rites. They were all released several hours 
later. On August 11, the Supreme Court upheld the decision to evict the 
Juma Mosque community from the historic mosque.
    In April, following a flawed trial, a court convicted Ibrahimoglu 
of participating in post-election demonstrations in October 2003 and 
sentenced him to a 5-year suspended sentence; Ibrahimoglu had already 
spent 4 months in pretrial detention (see Section 1.d.). Since his 
conviction, Ibrahimoglu has not been allowed to travel outside the 
country, including to several OSCE meetings as an official NGO 
participant because the law prohibits citizens convicted of criminal 
offenses and with suspended sentences from traveling abroad.
    Some local authorities at times discriminated against members of 
minority religions and harassed nontraditional religious groups. In 
many instances, abuses by authorities reflected the popular prejudice 
against conversion to Christianity and other nontraditional religions 
(see Section 5).
    Members of Jehovah's Witnesses also reported that authorities 
regularly interfered with their ability to rent public halls for 
religious assemblies and, on occasion, fined or detained and beat 
individuals for meeting in private homes.
    The Government remained concerned about ``foreign,'' primarily 
Iranian and Wahhabi Muslim, missionary activity. There were reports 
that the Government closed Muslim groups and organizations with alleged 
ties to terrorists. In April and September 2003, the Court for Grave 
Crimes sentenced six Muslim clerics in Ganja to between 3 and 7 years' 
imprisonment for allegedly preparing a forcible seizure of power.
    The law prohibits religious proselytizing by foreigners, and this 
was strictly enforced. Authorities deported several Iranian and other 
foreign clerics operating independently of the organized Muslim 
community for alleged violations of the law. Although there were no 
legal restrictions on large religious gatherings, authorities 
interfered with attempts by the Jehovah's Witnesses and the Pentecostal 
``Cathedral of Praise'' to rent halls for religious assemblies.
    Some local officials continued to discourage Muslim women from 
wearing headscarves in schools. The International Religious Liberty 
Association reported that women were still prohibited from wearing them 
for identification and passport photos, which complicated voter 
registration. In December, a group of women appealed to the European 
Court of Human Rights to protest the ban.
    Some religious groups, including the Union of Baptists, the 
Adventist Church, and the Jehovah's Witnesses reported that some 
government ministries continued to restrict and delay the importation 
of certain religious literature. However, at the same time, the SCWRA 
facilitated the import of some religious materials.
    Cases of prejudice and discrimination against Jews in the country 
were very limited, and in the few instances of anti-Semitic activity, 
the Government was quick to respond. Jewish community leaders 
consistently remarked on the positive relationship they have with the 
Government and leaders of other religious communities. In April, 
however, a rabbi in Baku received a threatening letter prior to the 
start of Passover. Authorities responded quickly and took security 
precautions to ensure that the festival proceeded without incident. In 
July, a new Jewish Community Center was opened in Baku with high-level 
government participation. Authorities also reserved one wing of a Baku 
school for secular and religious classes for 200 Jewish students.
    During the year, several newspapers and television broadcasts 
depicted nontraditional religious groups as a threat to the country's 
identity. Some of these highly critical reports extended to 
humanitarian organizations in the country that had links with foreign 
religious organizations. Such hostility was also directed toward 
foreign Iranian and Wahhabi Muslim missionary activity, which was 
viewed as a threat to stability and peace and an attempt to politicize 
Islam. Pro-government media targeted some Muslim communities that the 
Government claimed were involved in illegal activities.
    In those parts of the country controlled by Armenians, all ethnic 
Azerbaijanis have fled, and mosques not already destroyed did not 
function. Animosity toward ethnic Armenians elsewhere in the country 
forced most Armenians to emigrate, and all Armenian churches, many of 
which were damaged in riots that took place more than a decade ago, 
remained closed. As a consequence, the estimated 20,000 ethnic 
Armenians who remained in the country were unable to attend services at 
their traditional places of worship.
    The Constitution provides the right to alternative military 
service; however, members of the Jehovah's Witnesses continued to have 
difficulties exercising this right since there is no legal mechanism to 
implement this provision. At year's end, the case of Mahir Baguirov, a 
Jehovah's Witness called into military service in 2000 and again during 
the year, remained pending with the Supreme Court.
    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, at times, the Government limited freedom of movement. 
IDPs were required to register their place of residence with 
authorities and could live only in approved areas. This so-called 
``propiska,'' a carryover from Soviet times, was imposed mainly on 
persons forced from homes after the Armenian occupation of western 
parts of the country. The Government asserted that registration was 
needed to keep track of IDPs to provide them with assistance.
    Residents of border areas in both the country and Iran traveled 
across the border without visas. There were no exit visa requirements. 
The law required men of draft-age to register with military officials 
before traveling abroad; some travel restrictions were placed on 
military personnel with access to national security information. 
Citizens charged with criminal offenses were not permitted to travel 
abroad. Officials regularly extracted bribes from individuals who 
applied for passports.
    There were approximately 800,000 refugees and IDPs in the country. 
The vast majority fled their homes between 1988 and 1993 as a result of 
the Nagorno-Karabakh conflict. According to the State Statistics 
Committee, approximately 200,000 were refugees and 572,000 were IDPs. 
There were credible reports that Armenians from outside of the country, 
including ethnic Armenian immigrants from the Middle East had settled 
in parts of Nagorno-Karabakh and possibly other Azerbaijani territories 
occupied by Armenian forces. The Government appealed to the U.N. and 
the COE regarding those reports, and an OSCE Fact-Finding Commission 
was established to investigate the matter.
    The Constitution prohibits forced exile, and the Government did not 
use it in practice.
    There were no prohibitions against the return of citizens who left 
the country. However, the government agency responsible for 
reintegrating citizens who were refused asylum in other countries 
lacked the capacity to accommodate these individuals upon their return.
    Approximately 20,000 Armenians, almost all of mixed parentage or in 
mixed marriages, continued to live in the country. This total does not 
include Armenians living in the occupied territories. According to 
unofficial estimates, between 200 and 250 ethnic Armenians of mixed 
marriages leave the country each year. While official government policy 
allowed ethnic Armenians to travel, low-level officials often extracted 
bribes or harassed Armenians who applied for passports. According to 
the International Organization for Migration (IOM), 43 Armenians of 
mixed descent reported to an Azerbaijani NGO that they had problems 
with officials in the passport and registration department when 
applying for identification cards; applicants who applied with 
Azerbaijani surnames encountered no problems except for having to pay 
bribes.
    The Armenian Government continued to prevent the hundreds of 
thousands of Azerbaijanis forced out of their homes in the occupied 
territories from returning; however, the Armenian Government did permit 
the return of some ethnic Armenians.
    In July, the President issued a decree to improve living conditions 
and to increase employment for refugees and IDPs. Under the state-run 
program, all IDPs are expected to be resettled from camps to newly 
constructed housing. According to the Government, it directed $3.14 
million (15.7 billion manat) from the State Oil Fund to build housing 
and to improve socio-economic conditions of refugees and IDPs. At 
year's end, the Government began construction of 5 new settlements in 
Agdam and 1 in Agjabedi for 3,600 families.
    During the year, the Government received $34 million (170 billion 
manat) in assistance from international and domestic humanitarian 
organizations for refugees and IDPs. According to the Government, it 
also allocated $18 million (88 billion manat) from the country's oil 
fund to improve living conditions for IDPs and refugees. In August, the 
IDP and Refugee Committee's estimated expenditures were $60.8 million 
(297.7 billion manat).
    According to the IOM, approximately 40,000 IDPs continued to live 
in camps, 60,000 in underground dugout shelters, and 20,000 in railway 
cars; however, the Government took steps to relocate 40,000 IDPs out of 
railway cars and camps to special settlements. Still, the majority of 
IDPs lived at below-subsistence levels, without adequate food, shelter, 
education, sanitation, and medical care. At the same time, 
approximately 40,000 IDPs lived in settlements provided by the EU, 
while another 40,000 lived in housing provided by the U.N. High 
Commissioner for Refugees (UNHCR). The remainder were scattered among 
unfinished buildings, hostels, public health facilities, and the homes 
of relatives.
    The law provides for the granting of asylum and refugee status in 
accordance with the 1951 U.N. Convention Relating to the Status of 
Refugees and its 1967 Protocol, and the Government has established a 
system for providing protection for refugees. In practice, the 
Government provided some protection against refoulement, the return of 
persons to a country where they faced persecution, and granted refugee 
status during the year.
    The Government cooperated with the UNHCR and other humanitarian 
organizations in assisting refugees and asylum seekers. These 
organizations reported full and unrestricted access to the refugee 
population. Unlike in previous years, all asylum applications were now 
sent directly to the Refugee Status Determination Department (RSD) of 
the State Committee for Refugees instead of through the UNHCR. By 
year's end, a total of 177 residual cases of asylum seekers from 
Afghanistan and Iraq (161 Afghans and 16 Iraqis) were handed over to 
the RSD. The UNHCR in Baku continued to provide assistance to asylum 
seekers while monitoring the RSD's processing of asylum cases and 
providing referrals to legal assistance for those whose claims were 
rejected.
    At year's end, the RSD had received 235 applications for refugee 
status for 432 individuals. Of that number, 117 applications came from 
the UNHCR; the remaining were new applications. The RSD granted refugee 
status to 18 persons during the year.
    By year's end, the UNHCR registered 10,764 asylum seekers or 
refugees, including the 8,669 Chechens who fled from Russia and 581 
Afghans. However, according to re-registration figures, there were only 
161 long-term Afghan residents in the country. A small number of new 
refugees and asylum seekers from Iran, Iraq, and other countries also 
registered during the year.
    Under the non-visa regime with Russia, Russian citizens can enter, 
exit, and move through the country without a visa, but they were 
expected to register with the Baku Police Department within 3 days of 
their arrival. However, in practice the majority of asylum seekers from 
the Russian Federation did not register and remained in the country 
illegally. During the year, the UNHCR received no information regarding 
expulsions or deportation of asylum seekers from Russia.
    Arbitrary harassment, detention, and arrests of undocumented 
Chechens continued to be a problem; however, the UNHCR noted fewer 
cases than in the previous year. The laws on residence, registration, 
and the status of refugees and IDPs did not apply to Chechens, who were 
required to register with the police and not entitled to residence 
permits. Chechens may receive a 3-month visa. Chechen children were 
allowed to attend public schools. As of September, approximately 700 
Chechen children out of an estimated 3,000 attended public schools. 
Access to medical services improved for Chechen refugees; however, 
access to specialized medical assistance remained problematic.
    During the year, the UNHCR reported that police arrested seven 
Chechens: Six on suspicion of criminal activity and one for not having 
a residence permit. Chechens accused of criminal offenses and wanted by 
Russian authorities were extradited to Russia.
    The RSD did not accept applications for refugee status from 
Chechens. Instead, the UNHCR carried out all functions to provide 
Chechens with required assistance and protection to remain in the 
country legally. Pursuant to UNHCR guidelines and to the Government's 
policy, most refugees from Russia that originate from Chechnya were 
considered persons of concern. Only Chechens who registered with the 
UNHCR were provided letters of concern, which protected them from 
forced repatriation to their homeland. These letters were not travel 
documents and were valid for a limited time.
    According to IOM, the Government continued to deport illegal 
Iranian immigrants, many of whom were economic migrants who continued 
to return to the country even after they were deported.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The Constitution provides citizens with the right to change their 
government peacefully; however, the Government continued to restrict 
this right by interfering in local elections. The Constitution provides 
for an independent legislature; however, in practice, Parliament's 
independence was minimal, and it exercised little legislative 
initiative independent of the executive branch.
    The October 2003 presidential election, which formally brought 
Ilham Aliyev to power, failed to meet international standards for 
democratic elections due to a number of serious irregularities. These 
included the lack of a level playing field in the pre-election 
campaign, police violence in the pre- and post-election periods, and 
partisan election commissions.
    Serious irregularities noted by observers included 
disenfranchisement of voters because of inaccurate voter lists, 
intimidation of voters and election commission members, ballot box 
stuffing, and irregularities in vote counting and tabulation. The 
Government accredited approximately 2,000 domestic election observers 
but banned domestic NGOs that receive foreign assistance from observing 
the election.
    However, there were some improvements in the October 2003 election, 
including application of parts of the Unified Election Code (UEC), 
which the President signed into law in May 2003 and is scheduled to 
take full effect in 2005. The Government also promptly posted election 
results on the Internet; however, the observed irregularities and 
insufficient transparency in vote counting and tabulation led to 
serious doubts about the accuracy of the 77 percent of the vote 
officially recorded for Ilham Aliyev. In the days prior to the 
announcement of preliminary results from the October 2003 presidential 
elections, the CEC denied OSCE/ODIHR observers access to its documents 
and activities, resulting in a lack of transparency during the final 
vote count (see Section 4). By year's end, the Government still had not 
investigated the irregularities.
    In December, nation-wide municipal elections were marred by 
widespread fraud and serious irregularities. These included ballot-box 
stuffing, forging voters' signatures, multiple voting, voting without 
proper identification, and intimidation of election officials and 
voters by local government authorities appointed by the presidential 
administration. There were also technical problems. For example, in 
some districts, up to 110 candidates competed for 19 municipal seats, 
which presented precinct commission members with the difficult task of 
accurately counting all votes, and many commissions failed to do so.
    Most prominent opposition political parties boycotted the election 
due to an uneven playing field; however, many opposition candidates 
registered as independents. In a positive step to acknowledge the 
gravity of the irregularities, the Central Election Commission (CEC) 
for the first time forwarded 95 complaints of election fraud to the 
Prosecutor General's office for criminal investigation. The law 
stipulates up to 1 year in prison for election-related fraud.
    The October parliamentary by-elections were also marked by serious 
irregularities such as ballot-box stuffing, fraudulent voter lists, and 
falsification of figures on precinct protocols. Some voters received 
ballots without providing valid identification or by showing invalid 
documents, and election observers witnessed poll workers forging 
signatures on voter registration lists. Unauthorized persons, including 
representatives of local governments, were present in many precincts 
during the vote counting and in some cases directed the counting.
    Two amendments passed in the 2002 referendum continued to be 
controversial. One eliminated the proportional representation system 
required for 25 of the 125 seats in Parliament; the second replaced the 
Chairman of the Parliament with the Prime Minister in the line of 
succession to the presidency, a change that makes it easier for the 
President to designate his successor. In August 2003, then President 
Heydar Aliyev named his son, Ilham, Prime Minister, which allowed him 
to assume unofficially the responsibilities of acting president because 
of his father's ill health, and to run as the incumbent in the October 
2003 election.
    During the year, authorities harassed and evicted opposition 
political parties from their offices. Limitations on opposition 
activities were particularly acute in certain remote regions, including 
Nakchivan where opposition activities were severely limited. The 
Government also applied organized pressure against opposition party 
members to limit their business activities and dismiss opposition-
linked persons from state-funded jobs.
    Throughout the summer, local authorities around the country 
interfered with a study on religious freedom conducted by the FAR 
Center, a Baku-based research organization. The interference allegedly 
occurred because the director of the center had close political ties to 
the opposition Musavat party.
    In 2003, HRW documented more than 100 job dismissals around the 
country of either opposition members or their relatives. Many of those 
who were dismissed said their employers warned them before the election 
and explicitly told them afterwards that they were dismissed because of 
their opposition activity or the activity of their relatives. There 
were also credible reports that some election commission members who 
refused to sign falsified vote tallies were also dismissed.
    At least 20 of the 42 registered political parties were considered 
opposition parties (see Section 2.b.). Unregistered political parties 
continued to function; however, authorities prevented them, as well as 
registered opposition parties, from conducting outdoor gatherings (see 
Section 2.b.). Registered parties were able to hold indoor meetings. 
Members of unregistered political parties may run for president but 
must be sponsored by a registered party or by an independent ``voters' 
initiative group.'' Members of unregistered parties also may run for 
Parliament, although none was represented in the Parliament. Opposition 
members occupied 5 seats in the 125-member Parliament.
    The 2003 UEC includes provisions for a new CEC, District Election 
Commissions, and Precinct Election Commissions that will come into 
force based on the results of parliamentary elections in 2005. The UEC, 
which combines four existing election laws and referenda, was drafted 
in consultation with international election advisers, including IFES, 
the COE, and OSCE/ODIHR. However, the UEC permits establishment of 
election commissions structured in favor of the ruling party, and did 
not change provisions contained in other legislation that prohibit 
domestic NGOs that receive foreign funding from observing elections.
    The laws penalizes corruption by outlawing bribery; however, there 
was widespread public perception of corruption throughout all facets of 
society, including the civil service, government ministries, and the 
highest levels of government. The law on bribery carries a sentence of 
2 to 7 years for receiving a bribe, and up to 5 years for offering a 
bribe. Presentation of a bribe to an official is punishable by 3 to 8 
years' imprisonment. According to the General Prosecutor's office, 120 
criminal cases related to corruption were opened during the year, with 
10 specifically on bribery charges; however, these cases had little or 
no impact overall on the prevalence of bribery and corruption in the 
country.
    In March, the President enacted a new law on corruption by decree, 
which is scheduled to take effect in January 2005. It requires public 
officials to report annual income, sources of income, property owned, 
and financial liabilities. It also prohibits nepotism and limits giving 
gifts and direct or indirect financial benefits to public officials or 
third parties.
    The law provides for public access to government information by 
individuals and organizations; however, it does not specify procedures 
for obtaining government information.
    Although government ministries have separate procedures on how to 
request information, they routinely denied requests, claiming not to 
possess the information. Individuals have the right to appeal the 
denials in court; however, the courts generally upheld the decisions of 
the ministries.
    There were no legal restrictions on the participation of women in 
politics; however, traditional social norms limited women's political 
roles, and they were underrepresented in elective offices. The practice 
of ``family voting,'' whereby men voted on behalf of their wives and 
other female family members, continued. There were 14 women in the 125-
seat Parliament. Several women held senior government positions, 
including Deputy Chair of Parliament, Chairperson of the Supreme Court, 
and Deputy Chair of the CEC.
    Lezghins, Talysh, and Avars continued to serve in Parliament and 
Government.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    Many domestic and international human rights groups generally 
operated without government restriction, investigating and publishing 
their findings on human rights cases. Although the Government 
maintained ties with some human rights NGOs and responded to their 
inquiries, on occasion, the Government criticized and intimidated some 
human rights NGOs and activists, and the MOJ routinely denied or failed 
to register some human rights NGOs (see Section 2.b.).
    Several NGOs reported that the Government and police at times 
refused to protect them from so-called ``provocateurs'' who harassed 
and attacked NGO activists and vandalized their property. The NGOs 
accused authorities of inciting the harassment and attacks in some 
cases. For example, in June authorities in the exclave of Nakchivan 
allegedly beat and detained Avaz Hasanov, coordinator for an 
international working group on prisoners, hostages, and lost persons in 
Karabakh, after he returned from Nagorno-Karabakh. Also in June, the 
Ministry of Taxes and MOJ in Nakchivan threatened to close the NGO 
Resource Center because it was not registered. The Resource Center had 
applied for registration but was denied. However, in October, Nakchivan 
authorities approved the Resource Center's registration, making it the 
first registered NGO in the exclave. In May, Mahammad Rzayev, a lawyer 
working for the resource center who also worked part-time as a regional 
correspondent for opposition newspaper Azadliq, was kidnapped and 
beaten by police.
    In September, in Baku, provocateurs disrupted a major, high-level 
NGO conference on coordinating NGO activity for December municipal 
elections by shutting off the power and removing tables and chairs. The 
same NGO also had problems holding similar conferences throughout the 
regions in the weeks leading up to the municipal elections. In 
November, Akifa Aliyeva, coordinator of the Ganja branch of the 
Azerbaijan Helsinki Citizens' Assembly (HCA) was presented on 
television as an enemy of the state after her interview on a peace-
building project between Azerbaijanis and Armenians was edited to 
purposely distort her remarks. Individuals subsequently protested at 
the HCA offices in Baku and in Ganja.
    In early 2003, Leyla Yunus, Director of the Institute of Peace and 
Democracy, and Eldar Zeynalov, Chairman of the Human Rights Center of 
Azerbaijan, were harassed for their work on Nagorno-Karabakh. In 
September 2003, the Committee for the Protection of Women's Rights 
reported that security officials at the Nakchivan airport refused to 
assist a group of human rights activists who were assaulted with eggs 
and tomatoes.
    In April, the President issued a decree to implement the law on 
registering NGOs; however, the registration law remained cumbersome, 
and some provisions related to the liquidation of NGOs were vague. For 
example, amendments passed in 2003 complicated requirements to register 
grants from foreign entities and subjected the funds to a social 
security tax of 27 percent on employee salaries. However, grants from a 
few countries, which had bilateral agreements with the Government, were 
subject to a 2 percent tax on employee salaries. NGOs remained exempt 
from value added tax (VAT).
    In December, the President issued another decree to establish a 
central registration point and eliminate artificial impediments to 
registration and other technical improvements. By year's end, no 
information was available on whether this decree eased the registration 
process. During the year, 168 NGOs were registered.
    In September 2003, the MOJ revoked the registration of a Muslim 
NGO, Islam-Ittihad, on charges of spreading religious propaganda and 
attempting to establish a religious regime. The NGO focused on 
preventing alcoholism, narcotics abuse, and helping orphans and 
children with thalassemia. The Islam-Ittihad directors, Azer Ramizoglu 
and Ilgar Ibrahimoglu, who were both outspoken religious freedom 
activists, appealed the decision (see Section 2.c.). In July, the 
Supreme Court upheld the MOJ decision.
    Foreign diplomats, the ICRC, and COE delegations all had access to 
prisons to meet with prisoners (see Section 1.c.). The Government met 
with COE rapporteurs who visited the country to monitor political 
conditions, and allowed OSCE/ODIHR and other international observers to 
monitor the October 2003 election. However, in the days prior to the 
announcement of preliminary results from the October 2003 presidential 
elections, the CEC denied OSCE/ODIHR observers access to its documents 
and activities, resulting in a lack of transparency during the final 
vote count (see Section 3).
    In 2002, Parliament established the office of an Ombudswoman for 
human rights. Citizens may appeal violations committed by the state or 
by individuals. The Ombudswoman may refuse to accept cases of abuse 
that occurred more than 1 year ago, anonymous complaints, and cases 
that are being handled by the judiciary. During the year, the 
Ombudswoman traveled around the country to hear human rights complaints 
and cooperated with foreign diplomats working on human rights 
activities. However, according to local human rights NGOs and 
activists, the Ombudswoman's work was ineffective. In December, the 
Ombudswoman presented her annual report to Parliament, which was not 
made public by year's end.
    The Parliament and MOJ also had human rights offices that heard 
complaints and followed up with investigations and recommendations to 
relevant government bodies. Officials of the human rights office with 
the Ministry of Foreign Affairs met with the diplomatic community to 
discuss issues of concern to the international community.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The Constitution provides for equal rights without respect to 
gender, race, national origin, language, social status, or political 
affiliation; however, in practice the Government did not always respect 
some of these provisions.

    Women.--Violence against women, including domestic violence, 
continued to be a problem. In rural areas, women had no effective 
recourse against assaults by their husbands or others; there are no 
laws on spousal abuse or rape. Rape is illegal and carries a maximum 
15-year prison sentence. The Government stated that 25 rapes and 
attempted rapes had been reported during the year. Most rape victims 
reportedly knew their assailants but did not report incidents out of 
fear and shame.
    There were no government-sponsored programs for victims of domestic 
violence or rape. In Baku a women's crisis center operated by the 
Institute for Peace and Democracy provided free medical, psychological, 
and legal assistance for women. Since 2001, the center has provided 
services to more than 4,200 women, including 1,700 during the year. An 
additional 4,700 women have called the center's hotline. During the 
year, the Institute also completed work with Internews on a television 
series on women's rights, anti-trafficking, and gender issues, which 
was broadcast on regional channels and in Baku.
    Prostitution is not a crime; it is an administrative offense 
punishable by a fine of up to $100 (500,000 manat). Pimps and brothel-
owners may be sentenced to prison for up to 6 years. The legal age of 
consent was 16. Prostitution was a serious problem, particularly in 
Baku.
    Women nominally enjoy the same legal rights as men; however, 
societal discrimination and trafficking in women for sexual 
exploitation were problems (see Section 5, Trafficking).
    Traditional social norms and poor economic conditions continued to 
restrict women's roles in the economy, and there were reports that 
women had difficulty exercising their legal rights due to gender 
discrimination. For example, women were underrepresented in high-level 
jobs, including top business positions. The law prohibits pregnant 
women and women with children under the age of 3 from working at night; 
pregnant women and women with children under 18 months of age cannot 
work more than 36 hours per week.
    There were approximately 50 registered NGOs that focused on 
problems affecting women. One of the most active, the Society for the 
Defense of Women's Rights, provided speech and communication training 
for women in politics, and urged political party leaders to appoint 
women to high-ranking positions.

    Children.--The law requires the Government to protect the rights of 
children with regard to education and health care; however, difficult 
economic circumstances limited the Government's ability to fulfill its 
commitments.
    Public education was compulsory, free, and universal until the age 
of 17. According to the Ministry of Education, 100 percent of school-
age children attended school during the year; however, UNICEF reported 
that the figure was approximately 88 percent. The Government provided a 
minimum standard of health care for children, but the overall quality 
of medical care was very low.
    The law prescribes severe penalties for crimes against children, 
and children were generally treated with respect, regardless of gender; 
however, there were some reports of abuse of children, including 
trafficking (see Section 5, Trafficking).
    A large number of refugee and IDP children lived in substandard 
conditions in camps and public buildings (see Section 2.d.). In some 
cases, children were unable to attend school. In impoverished rural 
areas, large families sometimes placed a higher priority on the 
education of male children and kept girls to work in the home. Some 
poor families forced their children to beg (see Section 6.d.).
    A coalition of more than 30 local and international NGOs worked 
with the Government, the local community, and international 
organizations such as UNICEF and the World Bank, to raise awareness of 
children's needs and to build capacity to meet those needs. During the 
year, the coalition worked with the World Bank to redistribute the 
social benefit package for children and families in need, and began 
work on the alternative report to the Government's spring submission on 
the status of its obligations under the U.N. Convention on the Rights 
of the Child.
    From June through December, the coalition taught street children 
about healthy lifestyle choices, brought in an occupational therapist 
to assess conditions for children with disabilities in orphanages, and 
completed a public awareness campaign on the rights of children with 
disabilities. The coalition also met routinely with government 
officials for talks on the rights of children.

    Trafficking in Persons.--The law does not specifically prohibit 
trafficking in persons, although existing provisions of the law are 
used to prosecute trafficking cases, and there were reports that men, 
women, and children were primarily trafficked from the country for 
sexual exploitation and forced labor. Corruption in some government 
agencies facilitated trafficking.
    While trafficking is not a criminal offense, traffickers may be 
prosecuted under laws prohibiting rape, forced prostitution and labor, 
and forgery of travel documents. Most trafficking-related crimes 
prosecuted during the year carried maximum penalties between 3 and 6 
years' imprisonment, except for rape and sexual violence, which both 
carry maximum 15-year prison sentences. There also are criminal 
penalties for enslaving, raping, and forcing children into 
prostitution. During the year, the Government convicted 10 individuals 
on trafficking-related crimes. It also arrested 48 individuals and 
opened 32 trafficking-related criminal cases.
    Numerous government officials and ministries were involved in 
efforts to combat trafficking in persons; however, problems remained 
with providing formal assistance for victims, corruption, and adopting 
anti-trafficking laws. In May, the President signed a decree that 
ordered all government bodies to implement a new national action plan 
to combat trafficking in persons. The decree named a Deputy Minister of 
Internal Affairs as the national coordinator for anti-trafficking 
efforts. Since then, the Government created a special anti-trafficking 
police unit and began drafting legislation and Criminal Code amendments 
to specifically criminalize trafficking in persons.
    The MIA improved its capacity to track potential traffickers and 
victims transiting through the country's international airport. The 
Government regularly collaborated with neighboring countries on anti-
trafficking investigations.
    The country was primarily a country of origin and transit for 
trafficked women, men, and children for sexual exploitation and forced 
labor. Azerbaijani, Russian, and Central Asian women and girls were 
trafficked from or through the country to the United Arab Emirates 
(UAE), Turkey, and Pakistan for work in the sex industry. In addition, 
162 Azerbaijani trafficking victims were identified in other countries, 
including 63 in Pakistan, 45 in the UAE, 40 in Turkey, and 14 in India.
    Women and girls were trafficked internally from rural areas to the 
capital for sexual exploitation. Men were trafficked to Turkey and 
Russia for forced labor and boys were trafficked internally for 
begging. Iranians, Iraqis, Afghans, and migrants from South Asia were 
smuggled through the country to Europe--particularly Germany, Sweden, 
France, and the Netherlands--and possibly the United States where they 
at times had their passports confiscated and were subjected to forced 
labor. Traffickers generally targeted women.
    Traffickers were either foreigners or ethnic Azerbaijanis who acted 
in loose concert with international networks. They approached victims 
directly and indirectly through friends and relatives. Traffickers also 
used deceptive newspaper advertisements that offered false work abroad.
    Traffickers also used fraudulent marriage proposals from men posing 
as Iranian businessmen to lure women into prostitution in neighboring 
Iran. Traffickers approached some families who willingly married their 
daughters to wealthy Iranians without concern for the actual outcome.
    There was no evidence of government complicity in facilitating 
trafficking in persons; however, NGOs suspected that low-level 
government workers and police officers accepted bribes from traffickers 
to overlook their activities. During the year, the Government dismissed 
the chief of a regional passport registration office and two inspectors 
for issuing illegal citizenship identification cards to several 
individuals.
    There were no government-sponsored anti-trafficking public 
education campaigns, and no standardized mechanism to return trafficked 
women to the country; however, during the year Azerbaijani consular 
officials began to work on an ad hoc basis with international 
organizations to repatriate trafficking victims to the country.
    The Government reported that by year's end it had sent 150 
trafficking victims (141 Azerbaijanis, 6 Uzbeks, 2 Russians, and 1 
Georgian) to a special healthcare center.
    According to IOM, some Azerbaijanis and third country nationals who 
were either victims of trafficking or engaged in prostitution were 
deported to the country, primarily from Turkey and the UAE. However, 
the Government had no program to assist them.
    Several NGOs, like the Institute for Peace and Democracy and Clean 
World, and bodies such as the State Committee for Women's Issues, 
worked on anti-trafficking activities and programs to prevent 
prostitution. The IOM and OSCE provided training for domestic NGOs on 
how to operate emergency hotlines, conduct awareness campaigns, and 
secure housing for trafficking victims.

    Persons With Disabilities.--There was social discrimination against 
persons with disabilities in employment; however, there were no 
credible reports of discrimination in education or access to health 
care.
    The law gives priority to persons with disabilities to obtain 
housing, pension supplements, and discounts for public transportation; 
however, the Government did not have the means to fulfill these 
commitments. There are no special provisions in the law mandating 
access to public or other buildings for persons with disabilities, and 
improving access was not a government priority.
    Depending on the severity of the mental illness, some individuals 
were denied the right to vote.
    The Ministries of Health and Labor and Social Welfare were 
responsible for protecting the rights of persons with disabilities. 
Care in facilities for the mentally ill and persons with disabilities 
varied. Some provided adequate care but others lacked qualified 
caregivers, equipment, and supplies to maintain sanitary conditions, 
and provisions to provide a proper diet. There were no credible reports 
of cruel treatment of patients in government-run mental health 
facilities. The Ministry of Health continued a program to renovate 
state mental health facilities in recognition of the need to provide 
better care for persons with mental disabilities.

    National/Racial/Ethnic Minorities.--Numerous indigenous ethnic 
groups lived in the country, and the Constitution provides them with 
the right to maintain their culture and language, and the Government 
generally respected these rights; however, there were some problems.
    For example, some groups complained that authorities restricted 
their ability to teach or print materials in their native languages. 
Farsi-speaking Tallish in the south of the country, Caucasian Lezghins 
in the north, displaced Meskhetian Turks from Central Asia, and 
displaced Kurds from the Armenian-occupied Lachin region reported 
incidents of discrimination, restrictions on the ability to teach in 
their native languages, and harassment by local authorities.
    Some Armenians and persons of mixed Armenian-Azerbaijani descent 
said they were denied work, medical care, and education and could not 
register their residences due to their ethnicity. The approximately 
20,000 citizens of Armenian descent also complained of discrimination 
in employment, schooling, housing, and other areas. They said they 
experienced discrimination and harassment at work and that local 
authorities refused to pay their pensions. Most Armenians concealed 
their ethnicity, legally changed the ethnic designation in their 
passports, or tried to leave the country. However, some persons of 
mixed Armenian-Azerbaijani descent held government jobs. Public figures 
in mixed marriages or of mixed-Armenian and Azerbaijani parentage were 
at times openly criticized by colleagues in newspapers and on 
television and radio.
    There was one senior government official responsible for ethnic 
minority policy; however, preventing discrimination was not a 
government priority.
    In the area occupied by ethnic Armenian forces, approximately 
600,000 ethnic Azerbaijanis were forced to flee their homes during the 
Nagorno-Karabakh conflict (see Section 2.d.). The authorities who 
controlled the occupied areas effectively banned ethnic Azerbaijanis 
from all spheres of civil, political, and economic life.

    Other Societal Abuses and Discrimination.--The Government did not 
officially condone discrimination based on sexual orientation; however, 
there was societal prejudice against homosexuals, especially with 
regard to housing.
Section 6. Worker Rights
    a. The Right of Association.--The Constitution provides for freedom 
of association, including the right to form labor unions; however, 
there were some restrictions on this right in practice.
    Uniformed military and police were prohibited from participating in 
trade unions, although civilians working in the Interior and Defense 
Ministries were allowed to do so. The law also prohibits managerial 
staff from joining a trade union; however, in practice, managers in 
state industries often had union dues automatically deducted from their 
paychecks. During the year, the Government refused to register a trade 
union in the transportation sector because the Government alleged that 
it had engaged in criminal activity.
    The law prohibits unions from engaging in political activity; 
however, some government-aligned unions ignored this prohibition. 
Individual members of trade unions were not restricted from political 
activity. Trade unions were allowed to draft legislation on labor, 
social, and economic matters, but most did not take part in such 
activity.
    Many of the state-owned enterprises that dominate the formal 
economy withheld union dues from workers' pay but did not deliver the 
dues to the unions. As a result, unions did not have resources to carry 
out their activities effectively.
    The overwhelming majority of labor unions continued to operate as 
they did under the Soviet system, and remained tightly linked to the 
Government; exceptions were independent journalists' unions.
    The Azerbaijani Trade Union Confederation (ATUC) had approximately 
1.5 million members, including 26 labor federations in various 
industrial sectors. Although registered independently, some workers 
considered the ATUC a ``yellow union'' because of its close alignment 
with the Government.
    The Union of Oil and Gas Industry Workers continued to operate 
without a vote by rank and file workers, and membership remained 
mandatory for the State Oil Company's (SOCAR) 60,000 workers, whose 
union dues (1 percent of each worker's salary) were automatically 
deducted from their paychecks.
    There were no reports of government anti-union discrimination; 
however, labor disputes were primarily handled by local courts, which 
were widely considered corrupt. There were reports of anti-union 
discrimination by foreign companies operating in Baku. Most foreign oil 
companies did not allow union membership; however, in July free trade 
unions were established in one foreign company and one joint venture 
involving a foreign company.

    b. The Right to Organize and Bargain Collectively.--The law allows 
trade unions to conduct their activities without government 
interference; however, in practice, most trade unions were not 
independent. The law also provides for collective bargaining agreements 
to set wages in state enterprises, and trade unions actively negotiated 
with employers, particularly in the formal sector. However, unions 
could not effectively participate in negotiating wage levels because 
government-appointed boards ran major state-owned firms and set wages 
according to a unified tariff schedule. In addition, the Ministry of 
Labor reported that the government continued to have limited success in 
addressing worker-related issues with foreign companies.
    The law provides most workers with the right to strike. Categories 
of workers prohibited from striking include high-ranking executive and 
legislative officials, law enforcement officers and court employees, 
health, electric power, water supply, telephone, fire fighters, and 
railway and air traffic control workers. Striking workers who disrupt 
public transportation can be sentenced up to 3 years' imprisonment. The 
law prohibits retribution against strikers such as, dismissal or 
replacement. In July, police twice prevented workers from striking at 
Baku Tram Park.
    There are no export processing zones.

    c. Prohibition of Forced or Compulsory Labor.--The Constitution 
allows forced or compulsory labor only under states of emergency and 
martial law, or in court decisions affecting condemned persons; 
although there were no reports of slavery or prison labor imposed by 
government authorities, there were reports of forced or compulsory 
labor, including trafficking in persons (see Section 5, Trafficking).
    The law also permits compulsory labor in connection with the 
military or extreme situations based on legislative authorization and 
under governmental supervision.
    Two departments in the General Prosecutor's Office were responsible 
for enforcing the prohibition on forced or compulsory labor.
    There were continued reports that some military officers used 
conscripts as unpaid laborers on construction projects.

    d. Prohibition of Child Labor and Minimum Age for Employment.--The 
law provides for the protection of children from economic exploitation 
and from work that is dangerous to their health, and there were few 
complaints of abuses of child labor laws.
    The minimum age for employment depended on the type of work. In 
most instances, the law permits children to begin work at age 15; 
however, with the consent of their parents, 14-year-olds may work in 
family businesses or at after-school jobs during the day that pose no 
hazard to their health. Children under 16 may not work more than 24 
hours per week; children between 16 and 18 may not work more than 36 
hours per week. The law prohibits employing persons younger than 18 in 
jobs with difficult and hazardous work conditions. The Ministry of 
Labor and Social Security was responsible for enforcing child labor 
laws.
    During the year, the Government ratified the ILO Convention 182 on 
the worst forms of child labor. The country also joined the European 
Charter Article on Protecting Child and Youth Rights.
    There were reports that some parents forced their children to beg.

    e. Acceptable Conditions of Work.--In December, a presidential 
decree raised the minimum monthly wage from $20 (100,000 manat) to $25 
(125,000 manat). The move followed an increase in July that raised the 
minimum from $12 (60,000 manat) to $20 (100,000 manat). The $25 minimum 
wage was slightly above the official poverty level of $24 (120,000 
manat) set by the Government. However, it was not sufficient to provide 
a decent standard of living for a worker and family.
    Most workers earned more than the minimum wage, with the average 
monthly wage reaching $93 (467,300 manat) during the first 8 months of 
the year. Many citizens also relied on extended families or on 
remittances from relatives working in Russia for support. The 
combination of these funds and other strategies allowed most urban 
dwellers to attain a subsistence income level.
    The law provides for a 40-hour work week; the maximum daily work 
shift is 12 hours. Workers in hazardous occupations may not work more 
than 36 hours per week. The law requires lunch and rest periods, which 
are determined by labor contracts and collective agreements. The 
Government attempted to enforce the contracts and agreements; however, 
the Ministry of Labor reported little success in the informal sector, 
where most individuals were employed, because of poor cooperation from 
private companies.
    The law set health and safety standards, but they were widely 
ignored; government inspections of working conditions were weak and 
ineffective. The ATUC also monitored compliance with labor and trade 
regulations, including safety and health conditions. Between 1997 and 
year's end, the ATUC reported that it inspected 2,000 enterprises and 
organizations and found 28,432 legal and technical violations. The ATUC 
said that virtually all of the violations were addressed, and no 
official complaints were registered.
    Workers could not leave jobs that endangered their health and 
safety without fear of losing their jobs. According to the Oil Workers 
Rights Defense Council (ORDC), an NGO dedicated to protecting worker 
rights in the oil sector, six State Oil Company workers were lost at 
sea due to workplace accidents during the year. Another three oil 
workers died in other industry-related accidents. Workplace accidents 
were also a problem in other sectors of the economy. The law provides 
equal rights to foreign and domestic workers, though local human rights 
groups, including ORDC, maintained that disparities existed, 
particularly in foreign oil companies.

                               __________

                                BELARUS

    According to its amended Constitution, the country is a republic 
with a directly elected president and a parliament consisting of two 
chambers. The lower chamber's members are directly elected and the 
upper chamber's members are appointed by the president and elected by 
regional councils. President Aleksandr Lukashenko, first elected in 
1994, has systematically undermined the country's democratic 
institutions. Through a series of flawed referenda, manipulated 
elections, and undemocratic laws and regulations, he has concentrated 
all power in the executive branch and extended his term in office. An 
October 17 referendum changed the Constitution and removed term limits 
for the office of President. Both the referendum and the parliamentary 
elections that took place on the same day failed to meet international 
democratic standards. The judiciary is not fully independent and 
operates under significant control by the presidential administration.
    The Committee for State Security (BKGB) and the Ministry of 
Internal Affairs (MVD), both of which report directly to the President, 
share law enforcement and internal security responsibilities. The 
President and the Presidential Administration exercise control over the 
security forces. Members of the security forces committed numerous 
human rights abuses.
    The economy was largely centrally planned with industry accounting 
for approximately 50 percent of economic output. The country had a 
population of just under 10 million. The majority of workers were 
employed in the state industrial and state agricultural sectors. The 
living standards for many segments of society remained low, and wages 
in the state sector were lower than the national average. The 
International Monetary Fund reported that the gross domestic product 
grew by an inflation adjusted rate of 6.4 percent. The rate of 
inflation was 20 percent for during the year. The Government reported 
that unemployment decreased to 2.4 percent, but most independent 
observers believed that hidden unemployment was high.
    The Government's human rights record remained very poor and 
worsened in some areas, and the Government continued to commit numerous 
serious abuses. The Government continued to deny citizens the right to 
change their government through a transparent democratic process; 
opposition political parties and movements were subjected to increased 
pressure through both judicial and extrajudicial measures. The 
Government refused to register many opposition parliamentary 
candidates. The authorities did not undertake serious efforts to 
account for the long term disappearances of well known opposition 
political figures and a journalist and continued to discount credible 
reports regarding the role of government officials in those 
disappearances. Police abuse and occasional torture of prisoners and 
detainees continued. Prison overcrowding remained a problem. Security 
forces arbitrarily arrested and detained citizens for political 
reasons; in addition, individuals were sentenced to jail terms for such 
political crimes as defamation of state officials.
    The Government continued to restrict the freedoms of speech, press, 
assembly, and association. Law enforcement officials arrested and used 
excessive force against individuals peacefully protesting electoral and 
referendum fraud and also against journalists reporting on such 
protests. It intensified pressure on the independent media by closing 
numerous newspapers. It further restricted the activities of NGOs by 
using legal technicalities to de register them and subjecting them to 
frequent tax investigations and other forms of harassment. It imposed 
restrictions on religious freedom. The Government shut down most major 
registered human rights NGOs, and state security authorities 
increasingly harassed those that remained. Societal violence and 
discrimination against women remained problems. Trafficking in women 
and children remained a problem, although the Government continued 
serious efforts to combat it. The authorities intensified their already 
severe restrictions on workers' rights to associate freely, organize, 
and bargain collectively.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        from:
    a. Arbitrary or Unlawful Deprivation of Life.--There were no 
confirmed reports of the arbitrary or unlawful deprivation of life 
committed by the Government or its agents; however, at least one 
individual died in official custody in circumstances suggesting 
official culpability.
    On January 23, Maksim Khromelyu died in police custody; credible 
reports indicate that his body displayed bruising and hemorrhaging 
indicative of assault.
    There were no credible government efforts during the year to solve 
the disappearances and presumed killings of journalist Dmitryy 
Zavadskiy in 2000, opposition figures Yuryiy Zakharenko, and Viktor 
Gonchar in 1999, and businessman Anatoliy Krasovskiy in 1999 (see 
Section 1.b.). Credible evidence indicates that government agents may 
have killed Zakharenko, Gonchar, and Krasovskiy because of their 
involvement with the political opposition. On April 6, the Government 
declared Zavadskiy to be deceased and suspended its investigation of 
his abduction for a second time. They first declared in November 2003 
that Zavadskiy was deceased and then reversed that declaration and 
resumed the investigation in December 2003.

    b. Disappearance.--There were no confirmed reports of politically 
motivated disappearances during the year.
    The earlier disappearances and presumed killings of television 
cameraman Dmitryy Zavadskiy, former Minister of Internal Affairs Yuryiy 
Zakharenko, 13th Supreme Soviet Deputy Chairman Viktor Gonchar, and 
opposition supporter Anatolyy Krasovskiy remained unresolved. There 
were credible reports that senior government officials were involved in 
the disappearances, and the Government did not make a serious effort to 
solve them during the year. On April 8, the U.N. Commission for Human 
Rights (UNCHR) approved its second resolution on the disappearances, 
urging the Government to conduct an impartial investigation, beginning 
with the suspension of those senior officials suspected of involvement. 
The UNCHR nominated a Special Rapporteur to examine the country's human 
rights performance (see Section 4). The authorities denied a visa to 
this Rapporteur in December. On April 28, following an investigation of 
the disappearances by its own Special Rapporteur, the Parliamentary 
Assembly of the Council of Europe (PACE) adopted a resolution stating 
that the Government had failed to investigate these disappearances and 
had covered up the true circumstances of the disappearances (see 
Section 4). The Government has not acknowledged the deaths of the other 
three.

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The Constitution prohibits such practices; however, police 
and prison guards regularly beat detainees and prisoners. The law 
restricts the use of force by police and prison officials; however, 
human rights monitors repeatedly reported that investigators coerced 
confessions through beatings and psychological pressure.
    Police and plainclothes officers occasionally beat individuals 
while arresting them or holding them in detention. During a July 21 
opposition protest, Interior Ministry riot police (OMON) beat 17 year 
old Mikhail Avdeyev with truncheons, leaving him with broken ribs and a 
hematoma, which led to the removal of his spleen. On October 19, in 
breaking up a protest following the constitutional referendum, police 
used truncheons and other force against some of the protesters while 
arresting them, including United Civic Party leader Anatolyy Lebedko. 
Lebedko was hospitalized after his arrest, beating, and a subsequent 
brief detention. Police forcibly kept journalists from photographing 
the arrest and beating of Lebedko and damaged a video camera in the 
process.
    Credible reports indicated that prison guards regularly beat 
detainees and prisoners and that torture was widespread in prisons. 
There were no prosecutions in the March 2003 police beating of Anton 
Kishkurno. The Ministry of Foreign Affairs (MFA) reported that the 
district police officer in charge of youth issues was dismissed after 
the investigation into the July 2003 beating of Oleg Gnedchik.
    Dedovshchina, the practice of hazing new army recruits through 
beatings and other forms of physical and psychological abuse, 
reportedly continued. The authorities blocked efforts by family members 
and human rights monitors to investigate reports of dedovshchina.
    On several occasions during the year, unknown persons attacked 
political opponents of the Government. On July 1, several unknown 
assailants beat prominent opposition parliamentarian Valeriy Frolov and 
his driver as they were returning from Moscow; no arrests were made in 
the case. No further developments were reported in the 2003 beatings of 
school rector Vladimir Kolas, scientists Yevgeniy Babosov and Radim 
Goretskiy, and NGO head Oleg Volchek nor was there any indication that 
the authorities were pursuing these cases.
    Prison conditions remained austere and were marked by occasional 
shortages of food and medicine and the spread of diseases such as 
tuberculosis, syphilis, and HIV/AIDS. About 1,100 prisoners were 
infected with HIV. Leila Zerrougui, the chairperson of the U.N. Working 
Group on Arbitrary Detention, who visited the country in August, noted 
that conditions in detention centers were worse than those in prisons 
because of improper sanitary and living conditions, restrictions on 
detainees' rights to make phone calls and receive parcels, and pressure 
to confess to wrongdoing. According to human rights monitors, 
conditions in prison hospitals were also poor.
    The problem of overcrowding eased. The Government reported that the 
prison population, which was 52,500 in 2003 decreased to approximately 
33,000 in June. In many cases, food provided in prisons did not meet 
nutritional requirements or accommodate dietary needs.
    According to prison policy, male and female prisoners were held 
separately. Juveniles were held separately from adults, and pretrial 
detainees normally were held separately from convicted prisoners.
    At times, authorities granted human rights monitors access to 
observe prison conditions. In August, they allowed a visiting 
delegation from the United Nations Working Group on Arbitrary Detention 
general access to prisons and detention centers; however, the 
Government denied the group access to a BKGB detention center, claiming 
that the group did not request the visit in advance. The monitors 
indicated that they had not been informed of such a notification 
requirement. The ICRC did not seek permission to visit inmates during 
the year.

    d. Arbitrary Arrest or Detention.--The law limits arbitrary 
detention; however, the Government did not abide by these limits. 
Authorities continued to use administrative measures to detain 
political activists before, during, and after protests (see Section 
2.b.). Politically motivated arrests continued, but most of those 
arrested were released within a few hours or days.
    The Ministry of Interior has authority over the police, but the 
BKGB and Presidential Security forces also exercise police functions. 
The President has the right to subordinate all security bodies to his 
personal command. Petty corruption among police was widespread. 
Impunity remained a serious problem. While the law gives individuals 
the right to report police abuse to the prosecutor, the Government 
often did not investigate abuses by the security forces or hold the 
perpetrators accountable.
    The law specifies that police may detain an individual for up to 3 
hours without providing any explanation for the detention, and the 
authorities frequently used this provision to detain opposition members 
and demonstrators. Police often detained individuals for several hours 
for the ostensible purpose of confirming their identity. On December 
22, police detained 70 people about to depart for Kiev to observe the 
Ukrainian presidential elections. They were held for 4 hours and 
released without charge. The detention prevented the observers from 
boarding their scheduled train. The law allows police to detain a 
person suspected of a crime for up to 10 days without a formal charge 
and up to 18 months once charges are filed, and the authorities 
generally did not exceed these limitations. The law gives detainees the 
right to petition the court to determine the legality of their 
detention. In practice, appeals by suspects seeking court review of 
their detentions were frequently suppressed because detention officials 
were unwilling to forward the appeals. There is no provision for bail.
    The law requires a warrant for searches; however, the Government in 
some cases performed searches without a warrant. For example, on June 
30, police officers entered Yevgeniy Afnagel's apartment without 
presenting a warrant, then arrested Afnagel for attempting to refuse 
entry to the officers. There was credible evidence that prosecutors 
charged and courts convicted, individuals on false charges. There was 
also credible evidence that authorities filed economic charges against 
individuals in order to receive monetary payments, in at least one case 
extrajudicially.
    Despite legal protections, investigators routinely failed to inform 
detainees of their rights and conducted preliminary interrogations 
without giving detainees an opportunity to consult counsel. Information 
obtained from such interrogations was used against the defendants in 
court. The Government frequently failed to notify family members when a 
detention occurred, including that of a juvenile. For example, on 
September 23, police detained tenth grader Aleksandr Ryzhanovsky for 3 
hours for passing out anti government leaflets before notifying his 
parents, despite the legal requirement for immediate notification.
    The Government arbitrarily detained representatives of independent 
media (see Section 2.a.). On October 17, police arrested Russian 
journalist Pavel Sheremet on allegations of starting a fight in which 
Sheremet received serious injuries. Credible reports indicated that 
Sheremet was the victim of the assault, not its perpetrator, and that 
his detention was related to his journalistic work. Charges against 
Sheremet were later dropped. Police on multiple occasions during the 
year detained journalists for Russia's REN TV who were covering 
protests. Unidentified plainclothes officials working for the security 
services also regularly apprehended and detained individuals engaged in 
anti government demonstrations and who distributed opposition 
materials. Several plainclothes officers apprehended youth group leader 
Dmitryy Dashkevich as he shouted, ``Shame'' during an address by 
President Lukashenko announcing a referendum that would eliminate term 
limits on the presidency and thus permit him to run for a third 
presidential term. Police took Dashkevich away in an unmarked van (see 
Section 2.a.). On October 19, police arrested 34 opposition activists 
for holding an unauthorized rally in the center of the city near the 
Presidential Administration; these activists received fines or 
administrative detention of up to fifteen days. On July 21, police 
arrested 60 individuals during a protest, and one protester was 
hospitalized as a result of injuries sustained during the arrests (see 
Section 1.c.). Security officials also held some detainees 
incommunicado following demonstrations.
    In addition to hundreds of anti government protesters, many of whom 
authorities held for several hours or days, authorities also held 
several prominent political detainees for prolonged periods of time in 
pretrial detention. Lengthy pretrial detention was common, although 
statistics on the number of persons in pretrial detention and the 
average length of such detention were not available. BKGB officers 
arrested and detained the former External Economic Affairs Minister and 
opposition politician Mikhail Marinich from April 26 until the end of 
December on a changing series of charges that included illegal 
possession of firearms, illegal possession of classified documents, and 
theft of computer equipment and cell phones from an NGO he headed. On 
December 30, Marinich was convicted of the theft of the computer 
equipment and cell phones and sentenced to 5 years in prison (see 
Section 1.e.). U.N. observers were denied access to Marinich to verify 
his condition (see Section 1.c.).

    e. Denial of Fair Public Trial.--The Constitution subordinates the 
judiciary to the executive branch by giving the president the power to 
appoint 6 of the 12 members of the Constitutional Court, including the 
chairman. The President also appoints the chairmen of the Supreme Court 
and the Supreme Economic Court and has the constitutional authority to 
appoint and dismiss all district and military judges. One judge was 
tried and convicted of corruption during the year. Corruption and 
inefficiency in the judiciary were generally due to political 
interference in the work of the court system.
    The criminal justice system has three tiers: District courts, 
regional courts, and the Supreme Court. A Constitutional Court was 
established to adjudicate serious constitutional issues; however, it 
was dependent on the executive branch. In practice, it did not 
challenge presidential initiatives and had no means of enforcing its 
decisions.
    Prosecutors are also organized into offices at the district, 
regional, and republic levels. They are responsible to, and serve at 
the pleasure of, the Prosecutor General, who is appointed by the 
President. Prosecutors are not independent and do not have the 
authority to bring charges against the President or the members of his 
executive staff.
    The Constitution provides for public trials; however, the courts 
frequently held trials in judges' offices, which prevented interested 
observers from monitoring certain trials. Judges adjudicate most 
trials; juries determine innocence or guilt only in the case of capital 
offenses in which the defendant pleads not guilty and demands a jury 
trial. Since judges were dependent on the Ministry of Justice (MOJ) for 
sustaining court infrastructure and on local executive branch officials 
for providing personal housing, there were widespread and credible 
reports that executive and local authorities dictated the outcome of 
trials.
    Defendants have the legal right to attend proceedings, confront 
witnesses, and present evidence on their own behalf; however, in 
practice these rights were not always respected. Those sentenced to 
administrative detention often were not notified about trials against 
them. For example, on September 24, a court sentenced Nikita Sasim to 
15 days of detention for hooliganism without Sasim's presence. On 
September 3, in Grodno, a judge denied Valeryy Levonevskiy the right to 
present witnesses, arguing that the 10 prosecution witnesses had 
provided enough information. On September 7, the judge sentenced 
Levonevskiy to 2 years in prison for defaming the President in a poem. 
The law provides for unlimited access to legal counsel for detainees 
and requires that the court appoint a lawyer for those who cannot 
afford one; however, at times these rights were not respected.
    A presidential decree that subordinates all lawyers to the MOJ 
compromised the independence of lawyers. Several lawyers have claimed 
that they were told they would not receive licenses because of their 
activities in defense of NGOs or opposition political parties.
    The Constitution provides for the right to choose legal 
representation freely; however, a presidential decree prohibits members 
of NGOs from representing individuals other than members of their own 
organizations in court. This decree was used on several occasions 
during the year to deny NGO members the right to defend individuals in 
court and was also used as a pretext to close certain NGOs (see Section 
4). The Constitution establishes a presumption of innocence; however, 
in practice defendants frequently had to prove their innocence. In 
December, President Lukashenko noted that 93 individuals had been 
acquitted during the year; Deputy Justice Minister Aleksandr Petrash 
noted that over the first 10 months of the year the courts adjudicated 
243,000 administrative cases, 117,000 civil cases and 48,000 criminal 
cases. Both defendants and prosecutors have the right to appeal court 
decisions, and most criminal cases were appealed; however, appeals 
rarely resulted in reversals of verdicts. In an appeal, neither 
defendants nor witnesses appear before the court; the court only 
reviews the protocol and other documents from the lower court's trial. 
On December 20, the Chairman of the Supreme Court stated that annually 
only 1.5 percent of all court decisions were overturned on appeal.
    A few individuals were held as political prisoners. On September 7, 
a Grodno judge sentenced opposition activists Valeryy Levonevskiy and 
Aleksandr Vasilevto to 2 years in prison for authoring a poem insulting 
President Lukashenko. The judge prevented the men from calling 
witnesses during the trial. There were no reported attempts by 
humanitarian organizations to visit Levonevskiy or Vasilev during the 
year.
    On December 30, a court in Minsk sentenced opposition political 
figure Mikhail Marinich to 5 years in prison on the charge of having 
stolen property belonging to an NGO he headed, even though the NGO had 
not claimed that the property was stolen. Marinich, a former government 
minister and presidential candidate, was widely regarded as a likely 
opponent of President Lukashenko in elections scheduled for 2006. 
During the trial, the prosecutor asked numerous questions about 
Marinich's political activities, which were unrelated to the charges, 
lending credence to accusations the trial was politically motivated. 
The court also ordered confiscation of $90,000 found on Marinich's 
person at the time of his arrest; the money was also unrelated to the 
charges. The BKGB had held him in pretrial detention since April (see 
Section 1.d.).

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The Constitution prohibits such actions; however, 
these rights were not respected in practice. The interception of 
telephone and other communications without a court order is prohibited; 
however, in practice authorities continued to monitor residences, 
telephones, and computers. The BKGB, MVD, and certain border guard 
detachments may use wiretaps, but they must first obtain a prosecutor's 
permission; however, the BKGB entered homes, conducted unauthorized 
searches, and read mail without warrants. Credible reports indicate 
that government agents covertly entered homes of opposition activists 
and offices of opposition groups.
    The lack of independence of the prosecutor's office rendered the 
due process protections relating to wiretaps meaningless. The law 
provides penalties for those who obstruct BKGB officers in the 
performance of their duties. Any effort to prevent BKGB officers from 
entering the premises of a company, establishment, or organization is 
an administrative offense, as is any refusal by such entities to allow 
audits or to deny or restrict access to company information systems and 
databases. Contracts used by the Ministry of Communications for 
supplying telephone service prohibit subscribers from using telephone 
communications for purposes that run counter to state interests and 
public order. The Ministry has the authority to terminate telephone 
service to those who breach this provision; however, there were no 
reports during the year that the Ministry exercised this authority.
    In most circumstances, night searches are prohibited, but this 
prohibition was occasionally ignored. On April 17, the Grodno regional 
prosecutor's office confirmed that the two men who broke into the 
offices of the independent newspaper Den on the evening of March 18 
were BKGB officers but refused to explain their actions, citing a law 
on state secrets. In the evening of December 22, BKGB officers raided 
the offices of the NGO, Partnership, confiscated the group's computers, 
and broke its fax machine.
    Nearly all opposition political figures reported that authorities 
monitored their activities and conversations; the Government did not 
deny these reports. During the trial of Mikhail Marinich, the 
prosecutor introduced as evidence a number of transcripts of Marinich's 
phone conversations that had been recorded by the BKGB (see Section 
1.e). Representatives of certain NGOs also said that their 
conversations and correspondence were monitored routinely by the 
security services. The Prosecutor General declined to investigate 
charges of illegal wiretapping brought by members of the opposition.
    There was no judicial or legislative oversight of the Presidential 
Guard's budget or activities, and the executive branch thwarted 
attempts to exercise such oversight. Some officials were themselves 
monitored.
    Harassment in the form of inspections by security officials and 
confiscation of political literature, often without warrants, was 
widespread. Targets included opposition candidates and their 
supporters. On October 1, police seized large quantities of campaign 
leaflets from registered parliamentary candidates Valentina Polevikova 
and Aleksandr Dobrovolsky of the United Civic Party (UCP), after 
searching a campaign office without providing a warrant. Police 
occasionally detained family members of political leaders. Police 
detained Valeriy Levonevskiy's eldest son, Dmitryy, on several 
occasions after Levonevskiy was initially arrested on May 1. On April 
29, prior to a scheduled May 1 protest, which Valeriy Levonevskiy 
helped organize, his sons Dmitryy and Vladimir and his daughter 
Yekaterina were all detained for handing out leaflets for the protest.
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 did not 
respect these rights in practice. The Government took serious steps to 
stifle independent media. The Ministry of Information suspended 25 
independent newspapers and interfered with the efforts of others to 
print and distribute. The authorities imposed huge fines on journalists 
and editors for criticism of the President or his supporters. The 
Government continued to make use of its monopoly on television 
broadcasting to present biased news coverage and to minimize the 
presentation of opposing points of view, particularly in the period 
leading up to the October parliamentary elections and constitutional 
referendum.
    The law, which prohibits a range of broadly defined activities, 
effectively limits freedom of expression. The law provides for 
punishment of public insults or libel against the President by up to 4 
years' imprisonment, 2 years' khimya (detention in internal exile), or 
a large fine. The authorities continued to make use of such laws, which 
also penalize insults to other government officials, to stifle press 
freedom, to imprison political opponents (see Section 1.e), and, during 
the election campaign, to disqualify some opposition candidates and 
intimidate others (see Section 3). According to Belarusian Association 
of Journalists (BAJ) President Zhanna Litvina, the laws penalizing 
slander of officials effectively constituted a ban on press criticism 
of the Government. The law also limits freedom of expression by 
prohibiting the wearing of masks and use of unregistered flags, 
symbols, and placards bearing messages deemed threatening to the state 
or public order. In November, a judge in the Grodno region fined Vadim 
Saranchukov of the Belarusian National Front for displaying the banned 
nationalist white red white flag.
    Government authorities fined, warned, or jailed members of the 
media, members of opposition, and religious groups, who publicly 
criticized the Government. The defamation law makes no distinction 
between private and public persons in lawsuits concerning defamation of 
character. A public figure who was criticized for poor performance in 
office by a media outlet may ask the prosecutor to sue both the 
journalist and media outlet that printed the criticism.
    On June 9, a district court in Minsk sentenced Oksana Novikova, a 
prominent anti Lukashenko protester, to 2 years and 6 months under 
house arrest for slandering the President. Prosecutors accused Novikova 
of passing out leaflets at the main railway station in Minsk which 
contained slanderous information and that accused the President of 
serious crimes. These leaflets, which Novikova herself typed and 
copied, included a picture of Lukashenko and specifically accused him 
of causing the disappearance of various citizens, causing natural gas 
to be shut off in February, smuggling, cheating the Government out of 
customs revenue by exempting his companies from paying customs fees, 
and retaining power illegally.
    The highest circulation newspapers and other print media were state 
owned and printed only materials supportive of the Government. There 
were independent newspapers, including one independent daily, and 
magazines, many of which engaged in limited criticism of the 
Government. However circulation was small and some of these 
publications engaged in self-censorship.
    Only the state run radio and the state-run television networks ONT 
and Belarusian Television (BT) broadcast nationwide. Russian channels 
NTV and RTR were generally available nationwide, although in many parts 
of the country only through pay cable services. However, their news 
programs were at times blocked from broadcast. Broadcasts from other 
countries, including Poland, and Lithuania, could be received in some 
parts of the country; however, the Brest local government removed three 
Polish channels from local cable providers in December. The reporting 
of both ONT and BT was biased heavily in favor of the Government and 
sharply critical of opposition politicians and organizations, and both 
failed to provide opposing viewpoints. This bias became more pronounced 
before the October 17 parliamentary elections and referendum. The BAJ 
reported that state channels provided only positive reviews of the 
President and Government. State owned media, including television, 
radio, and print, continued to marginalize the political opposition by 
depicting them in a negative way or by ignoring them altogether. A 
third state owned television station, LAD, established in October 2003, 
replaced the popular Russian television network Kultura and some other 
Russian state television channels. Local independent television 
stations operated in some areas and reported local news relatively 
unhindered by the authorities; however, most of these stations reported 
that they were under pressure not to report on national level issues or 
were subject to censorship.
    All foreign media correspondents are required to register with the 
Ministry of Foreign Affairs. On June 21, the BKGB expelled Mikhail 
Podolyak, the Ukranian born deputy chief editor of the independent 
newspaper Vremya, accusing him of attempting to harm national 
interests, biased coverage, libel, and incitement against the 
Government.
    Veronika Cherkasova, a journalist for the independent Solidarnost 
newspaper, was killed on October 20. While the official investigation 
has centered on domestic violence, some members of the independent 
media view her death as related to her work, which included critical 
articles on the BKGB.
    The Government took numerous actions during the year to stifle 
independent media. These included: The continued use of libel laws, 
limitations on foreign funding, pressure on businesses not to advertise 
with independent media and on distributors not to distribute them, 
limits on access to newsprint and printing presses, censorship, 
restrictions on the import of media related materials, and temporary 
suspension of independent and opposition periodicals. Authorities 
imposed huge fines on journalists for criticism of the President or his 
supporters. Several independent newspapers, including Belorusskaya 
Delovaya Gazeta (BDG), Den, and Solidarnost began printing their 
materials in Russia because domestic printing presses (mostly state 
owned) refused to print them. In August, there were credible reports 
that several large Minsk supermarket chains halted sales of the 
independent newspapers Belarusskaya Gazeta, Belorusskiy Rynok, 
Belorusskaya Delovaya Gazeta and Narodnaya Volya after Vladimir 
Mirgolovskiy, a government official in charge of the markets, suggested 
that the stores not sell the newspapers, as they might disturb and 
excite citizens during parliamentary elections. These newspapers could 
still be purchased from independent sellers, but their circulation was 
seriously restricted by these measures.
    The Government suspended 25 newspapers during the year, including 
11 in the month before the parliamentary elections. On February 11, 
Information Minister Vladimir Rusakevich suspended the regional 
newspaper Evening Stolin for 3 months. Rusakevich stated the paper was 
suspended for covering politics despite its registration as an 
entertainment newspaper. Credible reports indicate the closure was 
motivated by the newspaper's independent political coverage. In August, 
police seized 1,070 copies of the Vremya newspaper, printed in Russia, 
from an opposition activist as he brought the paper into the country. 
On September 3, the Minister of Information suspended Vremya. On 
October 19, foreign journalists were prevented from transmitting 
footage of post-election protests.
    Independent media underwent numerous inspections from the Ministry 
of Information, tax inspectors, and other government bodies. On April 
17, the Grodno regional prosecutor's office confirmed that two men who 
broke into the offices of the independent newspaper Day on the evening 
of March 18 were BKGB officers but refused to provide an explanation 
for their actions, citing a law on state secrets (see Section 1.f.).
    The Government levied fines against newspapers, journalists, and 
editors as another way to stifle the independent press. In the case of 
Narodnaya Volya, the country's only independent daily, the courts 
imposed huge libel fines against the newspaper, a journalist, and the 
person interviewed, for a story that criticized a government official. 
In a separate case, Narodnaya Volya was fined for libeling a 
progovernment businessman. In August, the courts seized most of 
Narodnaya Volya's property until these two large libel fines were paid 
a short time later. In November, the deputy editor of the newspaper 
fled the country and sought political asylum abroad. According to the 
BAJ, independent newspapers, especially in the provinces, engaged in 
self censorship due to the Government's use of the libel laws to fine 
journalists and editors. On May 26, the government owned Minsk 
publishing house Svetoch phoned the editor of Mestnaya Gazeta, an 
independent newspaper, to demand that an article about corruption in 
the local tax authority be removed. When the editor refused, the 
publishing house cancelled the printing job. The publishing house 
refused to renew contracts, or enter into contracts, with several other 
independent newspapers.
    On April 17, authorities interrupted the broadcast of the Russian 
channel Rossiya, ostensibly for routine maintenance, during a news 
program that had been scheduled to report on recent developments in 
Belarusian politics. The broadcasts contained interviews with 
opposition members.
    The arbitrary use of presidential power, often exercised through 
presidential decrees, created additional obstacles to an independent 
press. A November 2003 presidential decree ``On Improving the System of 
Receipt and Use of Humanitarian Assistance'' was allegedly aimed at 
stopping foreign supported seditious activity. The decree specifically 
prohibits a broad range of foreign supported activities and was the 
basis for a nationwide crackdown during the parliamentary electoral 
campaign on independent media outlets and independent NGOs, many of 
which were supported by the international community (see Section 3).
    The Government successfully discouraged companies that owned 
printing presses from printing the legally authorized leaflets of 
opposition candidates by threatening them.
    The law specifies that the Government may close down a publication 
after two warnings about violations of various restrictive laws, and 
the authorities continued to pressure independent newspapers through 
the use of these warnings. The Government issued 160 warnings against 
81 independent newspapers during the year. Regulatory provisions also 
grant the authorities power to ban and censor critical reporting; for 
example, the State Committee on the Press was given authority to 
suspend the publication of periodicals or newspapers for 3 months 
without a court ruling. The law also prohibits the media from 
disseminating information on behalf of unregistered political parties, 
trade unions, and NGOs. During the parliamentary election campaign, the 
Ministry of Information ordered the suspension or closure of 11 
independent newspapers, citing publication and distribution violations. 
In one of these cases, a paper was accused of illegally publishing two 
newspapers after the Ministry determined that its television program 
guide supplement counted as a separate publication.
    The Government tightly controlled the content of television 
broadcasts. The Ministry of Information informed radio stations during 
the year that they were no longer required to forward copies of the 
news stories they had broadcast to the Ministry of Information; 
however, the change in the requirement did not noticeably affect the 
content of the news presented. Credible reports claimed that during the 
year the BKGB was tasked with censoring national television news 
broadcasts. The Government banned six popular musical groups from 
playing concerts, being played on the radio, and from being distributed 
on compact disks or tape after the groups performed at a July 21 
opposition concert.
    The Ministry of Culture refused to authorize the distribution of a 
requiem film about the late writer Vasil Bykov claiming that the film 
said nothing about Bykov as a writer and expressing fear that the film 
might have a negative influence on the moral and ethical fundamentals 
of life within the country. The documentary featured interviews with 
friends of the author who regarded Bykov as a great writer. The 
Ministry of Culture also banned two films about WWII, alleging that one 
attempted to humanize Hitler and the other misrepresented the WWII 
guerrilla movement, might insult veterans, and have a negative 
influence on the next generation. On two separate occasions clubs 
cancelled concerts initiated by and supportive of students of the 
closed Belarusian Lyceum. Credible reports indicated these clubs were 
encouraged to cancel the concerts because of the Lyceum chairman's 
links with the opposition.
    The Government's telecommunications company Beltelekom retains a 
state monopoly over Internet service, which resulted in high prices, 
poor quality, limited service, and allowed the Government to monitor 
practically all e-mail. Unlike in previous years, there were no 
confirmed instances of authorities selectively cutting off Internet 
access, although leading human rights websites were occasionally 
inaccessible.
    The Government continued to restrict academic freedom, in part by 
requiring all educational institutions to teach, and all students to 
study, the official state ideology, a concept which combines reverence 
for the achievements of the Soviet Union and Belarus under Lukashenko 
with advocacy of an authoritarian, Soviet style, political and social 
structure. In April, the Ministry of Education announced that all 
higher education establishments, regardless of whether they are private 
or state run universities, must adhere to state standards. On July 26, 
the Government cited a failure to meet ``state standards of education'' 
when it closed the European Humanities University (EHU), the country's 
premier independent university, by depriving it of premises. On 
September 23, President Lukashenko declared that the Government had 
closed EHU and the Belarusian National Humanities Lyceum, closed in 
2003, because the schools sought to educate a new national elite that 
would turn the country to the West. In April, the Government closed two 
independent think tanks, and pressured other think tanks throughout the 
year.
    The Government continued to harass students engaged in anti 
government activities, such as demonstrations (see Section 2.b.). 
Students reportedly were pressured to join the government-backed 
Belarusian Republican Youth Movement (BRYM) in order to receive 
benefits and rooms in dormitories. Credible reports indicated that 
local authorities pressured BRYM members to campaign on behalf of 
government candidates. Several members of opposition-oriented youth 
groups were expelled from institutions of higher education for their 
political activities.

    b. Freedom of Peaceful Assembly and Association.--The Constitution 
provides for freedom of peaceful assembly; however, the Government 
severely restricted this right in practice. Police and other security 
officials beat, detained, and attempted to coerce confessions from some 
demonstrators following several unsanctioned but peaceful 
demonstrations.
    By law, organizers must apply at least 15 days in advance to local 
officials for permission to conduct a demonstration, rally, or meeting. 
The local government must respond with a decision no later than 5 days 
prior to the scheduled event. A single infraction of these regulations 
entitles the Government to shut down the organization concerned. 
However, permits to demonstrate either were not granted or were granted 
only for demonstrations in obscure, hard to reach locations.
    Demonstrators are required by law to pay for any damages that arise 
from demonstrations and to pay for the presence of police and medical 
personnel, though this requirement was generally not enforced in 
practice. Only political parties, trade unions, or registered 
organizations may request permission for a demonstration of more than 
1,000 individuals. The law also prohibits the wearing of masks and use 
of unregistered flags, symbols, and placards bearing messages deemed 
threatening to the state or public order (see Section 2.a.).
    According to members of opposition parties, authorities frequently 
denied permission to opposition groups to meet in public squares in the 
center of Minsk. Nevertheless, demonstrations occurred in Minsk, 
varying in size from a few participants to approximately 2,000. 
However, the demonstrations were always under strict government 
surveillance, including open videotaping of the participants by police 
and plainclothes security officers. Demonstrations also occurred in 
other parts of the country, although less frequently.
    On October 2, police interrupted a meeting of a group discussing 
plans to register a new NGO, started videotaping the participants, and 
arrested former parliamentarian and prominent independent union leader 
Sergey Antonchik, the group's leader. Antonchik was sentenced to 15 
days of administrative detention for authorizing an unregistered 
assembly, even though the meeting was held in Antonchik's office. 
Several venues in Minsk refused the request of the opposition Five Plus 
coalition to a hold a conference; the IBB Center, a hotel conference 
hall in Minsk, reneged on a December 19 agreement to hold the 
conference on the next day. Credible sources claimed that the 
government, a part owner of the center, ordered the IBB to refuse to 
rent its space to the coalition.
    There were several reports that police beat demonstrators during 
protests. There were also reports that police violently pulled 
demonstrators into police vans. In July, special police (OMON) 
detained, arrested, and beat approximately 50 individuals during an 
unsanctioned protest marking the 10th anniversary of the initial 
election of President Lukashenko. Courts sentenced 15 participants to 
short detentions and fined 9 others. After OMON police hit 17 year old 
Mikhail Avdeyev with truncheons he was hospitalized with several broken 
ribs and had his spleen removed (see Section 1.c.). Others traveling in 
a van from outside Minsk to participate in this demonstration were 
stopped by authorities several times and finally forced to return home 
by train. On September 7, plainclothes officers seized Dmitryy 
Dashkevich, leader of a youth opposition group, and threw him into an 
unmarked bus after he and others shouted, ``Shame!'' during a live 
address by President Lukashenko announcing a referendum that would 
permit him to extend his presidential tenure. A Minsk court sentenced 
Dashkevich to 10 days in prison.
    On April 26, police detained several opposition members for 
participating in an unauthorized rally marking the 18th anniversary of 
the Chernobyl disaster. A Minsk court fined one of the activists, 
Lyudmila Gryaznova, approximately $2,000 (4 million Belarusian rubles), 
and the Government subsequently refused to place an exit stamp in her 
passport until she paid the fine, which she did in June.
    The Constitution provides for freedom of association; however, the 
authorities severely restricted this right in practice. The Government 
continued to employ an elaborate system of laws and regulations 
governing the registration of organizations for the purpose of 
restricting the ability of individuals to form associations that might 
be critical of, or not susceptible to manipulation by, the Government. 
All NGOs, political parties, and trade unions are required to register 
with authorities, and it is illegal to act on behalf of an unregistered 
organization. Legislation on the registration of public associations 
remains extremely strict; registration procedures are costly and 
onerous, requiring the number of founders to be specified, their names, 
and a legal address for the organization, which is in a nonresidential 
building. Individuals listing themselves as members are vulnerable to 
retribution. More important, the refusal of the Government to rent 
premises to organizations of which it disapproves and the expense of 
renting privately owned space forced most organizations to violate the 
requirement for a nonresidential address. This in turn led to 
deregistrations and denials of registration. During the year, the MOJ 
deregistered or denied registration to 1 opposition and 37 NGOs, many 
of them because of failure to meet the address requirement. The MOJ 
also denied registration to one political party and an unknown number 
of NGOs. On August 2, the Supreme Court closed the Party of Labor, a 
member of a coalition of leading democratic parties, in part because 
the Party of Labor failed to maintain a legal address.
    A Commission composed of government officials must review and 
approve all registration applications. The Commission continued to base 
many of its decisions largely on the political and ideological 
compatibility of the applicant organization with the Government. While 
the MOJ claimed that it continued to register NGOs, credible reports 
indicated that most organizations that were registered during the year 
dealt with sports and entrepreneurial interests and none promoted civil 
society. On February 24, the MOJ closed the NGO Maladaya Gramada, 
citing the group for a violation of the legal residence requirements. 
According to the Assembly of Belarusian Pro Democratic NGOs, 2,214 NGOs 
were registered as of January 1. All but two national level human 
rights NGOs have been deregistered or denied reregistration.
    Authorities regularly harassed members and supporters of opposition 
parties and confiscated their leaflets and publications (see tion 3). 
During the year, the MOJ acknowledged that no political parties had 
successfully registered since 1999.

    c. Freedom of Religion.--The Constitution provides for freedom of 
religion; however, the Government restricted this right in practice. 
Although the Constitution affirms the equality of religions and 
denominations before the law, it also contains restrictive language 
that stipulates that cooperation between the state and religious 
organizations ``is regulated with regard for their influence on the 
formation of spiritual, cultural, and country traditions of the 
Belarusian people.'' The Government has negotiated a Concordat and 
other arrangements with the Belarusian Orthodox Church (BOC), an 
Exarchate of the Moscow-based Russian Orthodox Church, which provides 
that Church with some privileges not enjoyed by other religious 
organizations.
    The Committee of Religious and Nationalities Affairs of the Council 
of Ministers (CRNA) regulated all religious matters in the country. The 
law concerning religion contains a number of very restrictive elements 
that were used to hinder or prevent activities of religious groups 
other than the BOC.
    In March, the National Intellectual Property Center granted the BOC 
the exclusive right to use the word ``Orthodox'' in its title and to 
use the image of the Cross of Euphrosynia, the patroness saint of 
Belarus, as its symbol. This decision could further restrict the 
ability of Christian Orthodox faiths not under the jurisdiction of 
Moscow, such as the Belarus Autocephalous Orthodox Church (BAOC) and 
the True Orthodox faith, to exist in the country.
    The law restricts the ability of religious organizations to conduct 
religious education, requires all religious groups to receive 
governmental approval to distribute literature, and prohibits 
foreigners from leading religious organizations. Religious groups that 
could not register frequently were forced to meet illegally or in the 
homes of individual members. According to the CRNA, 27 religious 
denominations were officially registered as of January; however, 
authorities continued to refuse legal registration at the national 
level to faiths considered to be nontraditional.
    All religious organizations were required to reregister with the 
authorities by November in keeping with a 2002 law on religion. The law 
establishes specific requirements for membership size and years of 
activity for religious groups. According to the CRNA, 2,678 of the 
2,783 religious communities previously registered did so by the 
November 17 deadline. Of the remaining 105, many had dissolved due to 
lack of membership; others, such as the Hare Krishnas, were appealing 
their registration denial. The CRNA continued to delay the registration 
of the Church of Scientology, and the BAOC remained unregistered; 
registration of its churches would require the approval of local BOC 
bishops.
    Although the Greek Catholic Church was officially registered, it 
experienced problems with the Government because of historical tensions 
between it and the government-favored BOC and because of the Greek 
Catholic Church's emphasis on using the Belarusian language. While the 
Greek Catholic Church reported that its communities found it easier to 
rent facilities for worship than in previous years, they were still not 
able to register a monastery because the Church lacked a registered 
central association and the monastery did not have the required ten 
participants. Lack of a central association also bars the church from 
inviting foreign citizens to engage in religious activities.
    The Government increased its harassment of some religious groups 
based not only upon the law on religion but also on directives that 
provide additional rules and requirements for religious groups, which 
are not outlined in the law.
    Authorities at the oblast level are required, based on a 2002 CRNA 
instruction, to assess public opinion before the construction or 
reconfiguration of religious buildings for religious purposes. 
According to the CRNA, the authorities may deny permission for such 
work if the local population opposed it; however, there were no reports 
of such a denial occurring during the year.
    The leaders of the Light of Kaylasa, a Hindu group, sought asylum 
abroad, citing government pressure against the group, and there were no 
reports indicating that the group remained active at year's end.
    The law allows persons to gather to pray in private homes; however, 
it places restrictions on holding rituals, rites, or ceremonies in such 
locations and requires permission from local authorities. Several cases 
of police interference with prayer meetings in residences occurred 
during the year.
    Limitations on ownership of, or access to, property for religious 
purposes continued to present problems for a number of religious 
organizations. Restitution of religious property remained limited. 
There was no legal basis for the return of property seized during the 
Soviet and Nazi occupations, and legislation restricts the restitution 
of property that is being used for cultural or educational purposes.
    According to the Government, the law permits residential property 
to be used for religious services only after it has been converted from 
residential use. This ruling effectively requires all religious 
organizations to reregister their properties as religious properties. 
Government figures from 2002 showed that 110 religious communities, 
including 34 Protestant denominations, registered their property 
according to this ruling; however, authorities continued to reject 
requests for property registration from many Protestant churches, as 
well as other nontraditional faiths. At the end of the year, the 
Government rejected registration of a property that the Hare Krishna 
community intended to use for religious purposes.
    On June 20, Minsk Oblast and CRNA officials reportedly warned a 
local BAOC priest to stop his efforts to reconstruct a former BAOC 
church in the town of Semkov Gorodok.
    According to the Full Gospel Evangelical Christian Church, 
authorities continued to deny permission to construct a building for 
religious purposes in Minsk. District officials banned four evangelical 
groups from leasing premises for church worship in October, citing 
violations of safety laws under the Religion and Public Assembly Law. 
According to Reverend Boris Chernoglaz, pastor of the Church of Christ, 
government officials first tried to press landlords to break the 
leasing contracts. When that failed, they resorted to alleging legal 
violations to prevent the groups from renting the premises.
    Meeting hall officials cancelled or refused to extend agreements 
with religious groups to use their facilities, citing a government 
decree specifying measures to ensure public order and safety during 
public gatherings.
    Unlike in previous years, there were no reported publications of 
anti Protestant articles in state owned periodicals during the year, 
but state owned periodicals continued to publish attacks on other 
nontraditional faiths. For example, an April 16 article described the 
activities of destructive ``sects'' in the country and claimed there 
were 370 such sects. According to the article, the Unification Church, 
the Church of Christ, and the Church of Scientology were among the most 
dangerous of the sects.
    According to bishops of the Union of Evangelical Faith Christians 
in Belarus, authorities have been trying to bar children from attending 
Protestant churches and Sunday schools. They claim authorities have 
repeatedly questioned students about their attendance at Sunday 
schools, the church they belonged to, and the names of their pastors 
and Sunday school teachers. Teachers reportedly questioned priests of 
three churches about the curriculum and qualifications of the 
instructors at Sunday schools. At year's end the impact of this 
pressure remained unclear.
    By law, citizens may speak freely about their religious beliefs; 
however, the authorities continued to intervene to prevent, interfere 
with, or punish those who proselytized. For example, on April 17, a 
court in Mozyr fined three members of the unregistered International 
Union of Baptist Churches $176 (380,000 Belarusian rubles) each after 
they passed out bibles at a local hospital during Easter. The 
Government also fined and detained members of unregistered religious 
groups that engaged in illegal religious activity. Police regularly 
detained, fined, and jailed numerous Hare Krishnas for illegally 
distributing religious literature. Baptists, Pentecostals, and other 
Protestants were fined for illegally conducting and hosting religious 
services. According to the CRNA, convictions for such offenses were 
based on charges of either disturbing public order or illegally 
gathering without prior permission.
    Foreign missionaries were not permitted to engage in religious 
activities outside of the institutions that invited them. The law 
requires 1 year, multiple entry, ``spiritual activities'' visas for 
foreign missionaries. According to the CRNA, in 2003, religious 
associations invited 956 foreign religious workers, including 254 who 
arrived specifically to participate in religious activities. Despite 
these figures, even religious groups with a long history in the country 
continued to experience difficulties in obtaining visas. Since April 
2003, Grodno authorities have repeatedly denied registration to a 
foreign rabbi because he does not speak Belarusian or Russian. Members 
of the Hare Krishna and Protestant communities reported that they were 
unable to invite any foreign clergy to participate in religious 
activity. In contrast to previous years, there were no reports that the 
authorities sought to inhibit the Roman Catholic Church from employing 
foreign priests in its activities.
    Government officials continued to take a number of actions 
indicating a lack of sensitivity toward the Jewish community. Grodno 
authorities continued work on a stadium located on the site of a former 
Jewish cemetery. Following local and international protests, Grodno 
authorities reached an agreement with the local Jewish community on the 
treatment and reburial of the remains. Although there were some lapses, 
construction on the site was completed, and the local community was 
satisfied with the government's cooperation and the disposition of the 
remains.
    On August 18, the Ministry of Foreign Affairs notified the local 
chapter of the Union of Councils for Jews in the Former Soviet Union 
(UCSJ), one of the country's primary Jewish human rights organizations, 
that it would not be reregistered because the chapter submitted some 
documents late.
    There were isolated instances of anti-Semitic vandalism during the 
year. On November 5, vandals defaced (for the fifth time) a Holocaust 
Memorial in Brest. While the Government investigated such incidents and 
often assisted in restoring such memorials, no individuals have been 
arrested for vandalism of these sites.
    Distribution of the anti Semitic and xenophobic newspaper Russki 
Vestnik newspaper resumed in February through the state distribution 
agency Belsoyuzpechat, despite a May 2003 order by the Prosecutor 
General and the Ministry of Information that it be terminated. Sales of 
such literature continued throughout the year in government owned 
buildings, in stores, and at events affiliated with the BOC. Anti 
Semitic and Russian ultra nationalistic literature continued to be sold 
at Pravoslavnaya Kniga (Orthodox Bookstore), a store operated by 
Orthodox Initiative that sells Orthodox literature and religious 
paraphernalia. Anti Semitic literature also continued to be sold at 
kiosks selling Orthodox literature, including one located in the 
National Academy of Sciences. The CRNA claimed it was difficult to 
prevent the distribution of Russian-produced anti-Semitic literature.
    In January, the organization Russian National Unity distributed 
anti-Semitic leaflets in Gomel, which stated: ``The Jews are trying to 
destroy Christianity,'' ``Now hostile activities against the Jews will 
begin,'' ``The Jews are the forces of evil,'' and ``The fighters 
against God must be exterminated.'' In addition, the letters RNE were 
sprayed on the walls of the Jewish Community building in Gomel. No 
suspects were arrested 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 freedom of 
movement; however, in practice a citizen's right to choose his place of 
residence was at times restricted. Internal passports served as primary 
identity documents and were required for internal travel, permanent 
housing, and hotel registration.
    In 1999, the Constitutional Court declared unconstitutional an 
article of the Administrative Code barring enterprises, establishments, 
and organizations from employing persons without a pass (propiska) or a 
registered address. Under that article, employers faced fines for 
giving jobs to persons who had no stamp in their passports indicating 
that their residence and their new place of employment were located in 
the same city or district. Credible reports indicated that police 
continued to harass individuals because they were living in a location 
other than their legal place of registration.
    The Constitution provides for freedom of movement in and out of the 
country; however, this right was restricted at times. Official entry 
and exit regulations specify that citizens who wish to travel abroad 
must first obtain an exit stamp valid for 1 to 5 years. Once the 
traveler has a valid stamp, travel abroad is not restricted by further 
government requirements and formalities; however, the Government could 
intervene to invalidate stamps that had been issued. Authorities 
imposed a foreign travel ban on opposition activists Antonina Kovaleva 
and Lyudmila Gryaznova. Gryaznova failed to pay a fine of approximately 
$2,000 (4 million Belarusian rubles) for staging an unauthorised 
opposition march on April 26 marking an anniversary of the Chernobyl 
disaster, and the Government invalidated her foreign travel permit on 
July 8. Some months after the fine was paid, Gryaznova's ability to 
travel abroad was restored.
    The law requires travelers to border zones to obtain an entrance 
pass (propusk). Some long term election observers of the OSCE's Office 
for Democratic Institutions and Human Rights (ODIHR) reported problems 
gaining permission to travel to the border zones as part of their 
mission. ODIHR reported that the application of this law did not appear 
to be uniform and their long term observers received conflicting 
information about the need to obtain an entrance pass.
    The law provides for internal exile, and the Government uses it. 
Detention in internal exile is one possible penalty for defaming the 
President. For example, Yuriy Bandazhevskiy, a former university rector 
and Chernobyl researcher, was serving an 8 year sentence in internal 
exile in the Grodno for this offense.
    The Constitution provides for the right to emigrate, and the 
authorities generally respected this right; however, there were 
restrictions for individuals with access to sensitive state information 
or citizens involved in criminal investigations. Prospective emigrants 
who have been refused the right to emigrate may appeal to the courts.
    The Constitution gives aliens and stateless persons the same rights 
as citizens, except in cases established by law, international 
agreement, or the Constitution.
    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. Under the refugee law, all 
persons who applied for or received asylum are protected against 
refoulement, the return of persons to a country where they feared 
persecution; however, the Government often deported individuals seeking 
to transit the country from Russia back to Russia, despite the fact 
that the UNHCR did not consider Russia to be a safe country for such 
purposes. The Government granted asylum during the year to individuals 
from Afghanistan and Georgia.
    The authorities cooperated with the UNHCR and other humanitarian 
organizations in assisting refugees. Since 1997, approximately 3,000 
applications for refugee status were filed; of which 732 persons 
received refugee status. Of the 719 officially recognized refugees in 
the country, the most refugees were from Afghanistan, Georgia, Armenia, 
Azerbaijan, Tajikistan, and Ethiopia. During the year, 23 individuals 
were granted asylum, while 33 asylum applications were rejected. The 
UNHCR operated a center in Vitebsk providing temporary accommodations 
for 30 persons. The UNHCR also opened a social rehabilitation center 
for forced migrants in Gomel, which was designed to accommodate up to 
14 refugees at a time for 6 months. On March 18, the UNHCR provided 
funds to open a center to provide temporary accommodation for asylum 
seekers and illegal migrants at the Minsk National Airport. The center 
can house up to 12 individuals. Only two migrants applied for asylum at 
the airport in 2003, and two more applications had been received as of 
October.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change their Government
    The Constitution provides the right for citizens to change their 
government peacefully; however, the Government effectively denied 
citizens this right. The President dominates all branches of 
government. Since his election in 1994 to a 5 year term as the 
country's first President, he has consolidated power steadily in the 
executive branch. He used a 1996 referendum and another referendum on 
October 17 to amend the Constitution to broaden his powers and extend 
his term in office, although the Constitutional Court in 1996 ruled 
that the Constitution could not be amended by referendum.
    The Constitution limits the legislature to meeting twice a year for 
a total of no more than 170 days. Presidential decrees issued when the 
legislature is out of session have the force of law, except in a few 
cases specified in the Constitution. The Constitution also allows the 
president to issue decrees with powers equal to that of law in 
specific, urgent circumstances, a provision President Lukashenko has 
interpreted broadly.
    On October 17, the country held parliamentary elections and a 
referendum to change the Constitution and eliminate term limits for the 
president, thus allowing Lukashenko to run for a third term in 2006. 
The elections were neither free nor fair. The Government used 
administrative resources to support the referendum and government 
backed candidates. An ODIHR observation mission reported that the 
election fell significantly short of international standards for 
democratic elections, citing the active exclusion of opposition 
candidates, detention of opposition campaign workers and domestic 
observers, restrictive campaigning rules, unbalanced media coverage, 
flawed vote counting, and a lack of transparency in vote tallying. 
Other electoral irregularities included the firing and non extension of 
employment contracts of opposition candidates and individuals who 
worked on their campaigns, and widespread, credible reports of coercion 
of individuals to vote early, when oversight was more lax.
    Election commissions consisted almost exclusively of government 
employees, despite the nomination of opposition candidates to these 
bodies. Of the 1,430 members of district election commissions, only 27 
represented opposition political parties.
    District election commissions (DECs) refused to register several 
opposition candidates for parliament, claiming that signatures 
presented by the candidates on their registration petitions were 
fraudulent. There were reports that authorities had pressured some 
signatories to say that they had not signed. The Central Election 
Commission (CEC) and the Supreme Court both refused to overturn the DEC 
decisions in several cases where individuals whose signatures were 
questioned provided sworn testimony that they had indeed signed the 
petitions. Former parliamentarian Vladimir Novosyad, former opposition 
presidential candidate Vladimir Goncharik, and former Presidential 
Administration Head Leonid Sinitsyn all were denied registration 
despite providing proof that signatures described by the authorities as 
fraudulent were valid. On October 5, a DEC official at Goncharik's 
appeal of his nonregistration before the Supreme Court admitted that 
his commission only sought to verify signatures supporting certain 
candidates.
    DECs also deregistered several prominent opposition candidates who 
had managed to register, generally on the grounds that they had 
employed inappropriate or illegal material in their television and 
radio speeches, newspaper articles, or election leaflets. A Vitebsk DEC 
removed youth opposition leader Pavel Severinets and opposition 
candidate Vladislav Tokarev from the ballot for saying in their 
campaign speeches that corruption and red tape permeated the local 
government. The Government's Media Supervisory Council, which consisted 
exclusively of government officials and members of progovernment 
groups, assessed the speeches as defamation. Credible reports indicated 
that warnings and deregistration were applied more frequently to 
opposition party members than to government-supported candidates.
    The BAJ and the OSCE/ODIHR both observed that state media outlets 
provided extensive and solely positive coverage of the President while 
providing negative coverage of opposition parties and political 
figures. State media frequently denigrated opposition political 
parties. On May 11, BT aired a special called ``The Road to Nowhere'' 
accusing the opposition of incompetence and dependence on foreign 
sponsors. The broadcast equated campaign training sessions attended by 
the opposition with Nazi saboteur training sessions.
    Credible reports indicated that local executive committees denied 
opposition candidates' requests for opportunities to meet with voters 
or allowed meetings only in remote locations, while government 
supported candidates were allowed to schedule meetings in populated 
locations. Minsk district authorities prohibited opposition candidate 
Yuriy Zenkovich from holding rallies on 25 occasions before the 
parliamentary elections, citing doubts about Zenkovich's Belarusian 
citizenship, even though he presented his passport as proof of 
citizenship. They also cited his non payment of legally mandated fees 
for police and medical personnel required to be present at such 
demonstrations.
    The Government engaged in arbitrary tax inspections, safety 
inspections, the deregistration of candidates, and confiscation of 
printed matter and equipment to immobilize much of the pro-democratic 
opposition leading up to the parliamentary elections and Constitutional 
referendum.
    A September order by the Deputy Prime Minister that all government 
employees be moved to fixed-term contracts by October 6 was credibly 
viewed as a means of exerting pressure on those employees working on 
election committees to falsify results during the October 17 voting.
    Early voting was conducted from October 12 until October 16. The 
Government reported that early votes composed 20 percent of all votes, 
while independent observers put the figure at 25 percent. ODIHR 
reported that 20 percent of early voting ballot boxes inspected by 
observers on October 17 did not have seals, which were required to 
ensure that no ballot tampering took place. Tallies of early votes 
showed a higher percentage of support for Lukashenko then among votes 
cast on election day.
    While few serious violations were noted during the process of 
voting, observers noted significant violations during vote tallying. 
Observation of vote tallying was restricted; however, when observers 
were able to view vote tallying, many reported that the number of votes 
listed on protocols did not match the ballots tallied. On thee day 
after the election, an individual found over 60 referendum ballots in 
the garbage outside of a DEC. All of these ballots contained votes 
against the referendum. The voting process was nontransparent for both 
local and international observers, which led observers to call into 
question the accuracy of reported results.
    During the year, the Government used force to disperse 
demonstrations by opposition parties (see Section 2.b.).
    Corruption in the executive branch of Government was a significant 
problem. While some individuals were prosecuted for corruption during 
the year, these prosecutions did not represent a serious attempt to 
combat corruption. On February 10, President Lukashenko dismissed the 
head of the Property Management Division of the Presidential 
Administration Galina Zhuravkova and on February 13 he dismissed the 
head of the Belarusian State Television and Radio Company Yegor 
Rybakov. Police formally charged Rybakov with grand larceny, bribery, 
and power abuse and Zhuravkova with large scale embezzlement. 
Zhuravkova was later released from custody after paying restitution but 
her criminal case is still pending. No resolution to the Yegor 
Rybakov's case occurred by year's end.
    Laws and government policies severely restrict public access to 
government information and the authorities moved to restrict it further 
during the year. An April 12 Presidential Edict broadened significantly 
the amount of government material considered a state secret. On April 
26, BKGB officers arrested Mikhail Marinich, a prominent opposition 
member and a former Ambassador and Minister, on accusations of stealing 
secret documents. These documents related to Marinich's work as 
Minister of External Economic Relations. Credible reports indicate that 
the arrest of Marinich was politically motivated and that the 
Presidential Edict provided the basis for one of the criminal charges 
against Marinich, although this charge was later dropped (see Sections 
1.d. and 1.e.).
    Of the 110 deputies in the newly elected lower house of parliament, 
32 were women, while 18 of the 56 elected members of the upper house of 
parliament were women. With the exception of the judiciary, social 
barriers against women were strong, and men held virtually all of the 
leadership positions. The Ministers of Social Security and Health were 
the only female members of the Council of Ministers. The head of the 
Government's Central Election Committee was a woman. At a July 20 news 
conference, President Lukashenko directed that women should make up 
between 30 and 40 percent of the new legislature.
    The country was ethnically homogeneous; most minorities have long 
been assimilated. There was little ethnic discord. No high level 
members of government or parliament identify themselves as members of a 
minority.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    Several domestic human rights groups were active in the country; 
however, authorities hindered their attempts to investigate alleged 
human rights violations. The authorities monitored NGO correspondence 
and telephone conversations (see Section 1.f.). They also harassed NGOs 
by bureaucratic means. The authorities generally ignored reports issued 
by human rights NGOs and did not meet with these groups during the 
year. Official state media did not report on human right NGOs and their 
actions; independent media that reported on human rights' issues were 
subjected to closure and harassment (see Section 2.a.).
    The Government closed most remaining major registered human rights 
NGOs and NGO resource centers during the year, actions viewed by 
independent observers as politically motivated. The law requires two 
violations before the MOJ can initiate procedures against an NGO. The 
violations most frequently cited were discrepancies between the stamp 
that had been presented when the organization registered and the one 
used on a subsequent occasion, petty inaccuracies in an organization's 
letterhead, the use of a mailing address at a residence rather than at 
an office, alleged forgeries among the signatures required to obtain 
legal registration, and failure to follow the organization's own 
bylaws.
    On January 28, the Government closed the Independent Society for 
Legal Studies (ISLS), citing legal support provided by its members to 
other NGOs. The Government closed ``New Group'' for a discrepancy in 
its legal address as well as for its provision of assistance to ISLS 
during the Government's action to close ISLS. On September 16, the MOJ 
initiated a lawsuit to close the Belarusian Helsinki Committee (BHC), 
the most prominent registered human rights group in the country, citing 
as grounds a September 15 lawsuit filed by BHC alleging the referendum 
to remove Presidential term limits was unconstitutional; the MOJ's 
lawsuit had not been pursued by the prosecutor by year's end.
    The law prohibits individuals from acting on behalf of an 
unregistered NGO, and several individuals were prosecuted for this 
offense during the year. On August 31, a Zhlobin court fined Vladimir 
Katsura $265 (540,000 Belarusian rubles) for acting on behalf of the 
unregistered Five Plus coalition.
    Government regulations effectively prohibited human rights NGOs 
from receiving support from foreign sources. A 2003 Presidential decree 
stipulated that international assistance may only be granted to, or 
accepted by, an organization that is registered with the Ministry of 
Economy. On the receiving side, all non-governmental projects receiving 
funds or materials from abroad, including those carried out by 
international organizations, must be registered either with the 
Ministry of Economy (in cases of technical aid) or with the 
Humanitarian Assistance Department of the Presidential Property 
Management (in cases of humanitarian relief). Unregistered 
organizations are not allowed to receive foreign assistance. Further, 
the law specifies that any local body that receives ``illegal'' foreign 
aid may be closed after just one violation of these requirements. It is 
illegal for unregistered organizations to receive foreign assistance or 
provide assistance to other NGOs. A presidential decree, ``On Improving 
the System of Receipt and Use of Humanitarian Assistance,'' issued in 
November, 2003, and allegedly aimed at stopping foreign supported 
seditious activity, specifically prohibits foreign support for a broad 
range of activities directed at the ``alteration of the constitutional 
order, the overthrow of state power, or the encouragement of such 
activities.'' Prohibited activities include the preparation, 
administration, and organization of elections and referenda; the 
organization of meetings, rallies, demonstrations, pickets, and 
strikes; the publication and distribution of promotional materials, and 
the organization of seminars and other types of promotional activities 
involving the population.
    Break ins and questionable tax audits remained problems during the 
year. The MOJ ordered a comprehensive audit of the BHC after a court 
rejected an order by the tax authorities for the BHC to pay $73,000 
(155 million Belarusian rubles) in taxes on foreign assistance received 
from the EU (the EU and the Government had signed a memorandum of 
understanding providing that the assistance was exempt from taxation).
    The country's poor human rights record continued to draw the 
attention of many international human rights organizations. Authorities 
were increasingly reluctant to discuss human rights with international 
NGOs, whose members often had difficulty traveling to the country and 
were occasionally expelled from the country. The authorities increased 
their harassment, often through tax assessments and inspections, of 
international NGOs working in the country. The Ministry of Foreign 
Affairs refused to reregister the Union of Councils for Jews in the 
Former Soviet Union (UCSJ), an affiliate of a foreign based 
organization, ostensibly because some of its documents had been 
submitted late (see Section 2.c.).
    The Government rejected an April 8 UNCHR resolution that urged it 
to conduct a transparent investigation of the disappearances of 
prominent opposition activists and to suspend or dismiss those 
suspected of involvement in such disappearances (see Section 1.b.). The 
resolution also stressed the need to establish an independent 
judiciary, release journalists imprisoned for political reasons, bring 
the actions of its police and security forces into compliance with the 
International Covenant on Civil and Political Rights, and comply with 
the various mechanisms of the Commission on Human Rights. The UNCHR 
named Adrian Severin of Romania as its Special Rapporteur on the human 
rights situation in the country; however, the Government refused to 
grant Severin a visa to enter the country to conduct his assessment and 
stated that it would not cooperate with the UNCHR if it did not agree 
with the assessment's findings.
    On April 28, PACE reacted to the results of an investigation it had 
commissioned on the disappearances of Krasovskiy, Gonchar, Zakharenko, 
and Zavadskiy (see Sections 1.a. and 1.b.). It adopted a unanimous 
resolution calling on the authorities to conduct a ``truly 
independent'' investigation of the disappearances after first 
suspending then Prosecutor General Viktor Sheiman, who was accused of 
orchestrating the disappearances. The resolution called for maintaining 
the suspension the country's earlier Special Guest status and indicated 
that until there was substantial progress by the Belarus Government in 
investigating the disappearances, the presence of any parliamentarians 
from that country in PACE would be inappropriate. The Government 
condemned PACE's action.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The Constitution states that all citizens are equal before the law 
and have the right to equal protection of their rights and legitimate 
interests; however, neither the Constitution nor the laws specifically 
prohibit discrimination based on factors such as race or sex. Racial 
and national groups, women, and persons with disabilities experienced 
discrimination.

    Women.--Women's groups reported that domestic violence, including 
spousal abuse against women, was a significant problem. In January, a 
Belarusian delegation to the Commission on the Elimination of 
Discrimination Against Women (CEDAW) stated that 30 percent of women 
reported suffering from domestic violence. NGOs run crisis centers, 
primarily in Minsk. Spousal abuse is punishable under the law, and 
women's groups indicated that the police generally enforced these laws 
against domestic violence and that the courts generally imposed 
appropriate sentences. In 2003, police charged 2,214 individuals with 
involvement in domestic violence that included 165 homicides and 380 
instances of severe injury. Nevertheless, reluctance among women to 
report instances of domestic violence due to fear of reprisal and 
social stigma remained widespread.
    Rape was a problem. A law against rape exists; however, most women 
did not report rape due to shame or fear that the police would blame 
the victim. Over 20 percent of women reported experiencing sexual abuse 
at least once, according to data released by the Ministry of Labor and 
Social Security in November. In a survey of 2,000 women, 30 percent 
indicated that they had been raped or sexually abused between the ages 
of 14 and 17. In addition, sexual harassment was reportedly widespread, 
but no specific laws other than those against physical assault deal 
with the problem. There is no explicit law against spousal rape and 
there have been no prosecutions. Socially, spousal rape was not viewed 
as a crime.
    Although the authorities and local human rights observers reported 
that prostitution was not a significant problem, considerable anecdotal 
evidence indicated that it was growing, particularly in regions outside 
the main cities. Street prostitution appeared to be growing, and 
prostitution rings operated in state owned hotels.
    Trafficking in women was a serious problem, which the Government 
took some steps to address (see Section 5, Trafficking).
    The law requires equal wages for equal work; however, it was not 
always enforced in practice. Women had significantly fewer 
opportunities for advancement to the upper ranks of management or 
government. Women held only four high level government positions and 
one CEO position in a major company. Women reported that managers 
frequently considered whether a woman had children when examining job 
candidates.
    On May 18, lawmaker Anna Burova called for a gender equality law 
that would create a post of commissioner in the Government, which could 
supervise and coordinate policies for gender equality; however, at 
year's end there was no indication that the Parliament was considering 
such legislation. The Ministry of Labor and Social Security bears 
responsibility for issues involving gender equality; however, it cannot 
issue binding instructions to any other government agency.
    The level of women's education was higher than that of men. Women 
constituted approximately 58 percent of workers with a higher education 
and approximately 66 percent of workers with a specialized secondary 
education. A disproportionate number of the unemployed were women. 
Women are equal in law to men with regard to property ownership and 
inheritance and this was generally respected in practice.
    Women's groups were active and focused primarily on child welfare, 
environmental concerns (especially the after effects of the Chernobyl 
nuclear disaster), the preservation of the family, the promotion of 
women to decision making levels in the country, the support of women 
entrepreneurs, and combating trafficking. Job training provided the 
best results in efforts to increase women's roles in business and 
society and to combat trafficking. For example, the United Nations 
Development Program (UNDP) continued its program, ``Support to 
Expanding Public Space for Women in Belarus,'' which provided 
leadership seminars, business start up training and an MBA program. 
There was an active women's political party.

    Children.--The authorities were committed to children's welfare and 
health. By law all inhabitants, including children, were entitled to 
health care and education, which they generally received, although the 
quality of education and medical care was lower outside of major 
cities. There was no reported difference between the treatment of girls 
and boys in the provision of either health care or education.
    Children begin school at the age of 6 and are required to complete 
9 years, and this requirement was generally met. The Government made 11 
years of education available at no cost and continued to develop a 12 
year education program. State run and private higher education was 
available, but some private institutions experienced government 
harassment or closure based on their curricula (see Section 2.b). The 
Government provided alternative modes of education for children with 
disabilities, depending upon the severity of their disabilities. 
Children with severe disabilities may attend centers located throughout 
the country. Assistance offices exist to help children with physical 
and mental disabilities integrate into traditional classrooms. The 
quality of these programs varied. A law adopted in May provided 
children with disabilities the ability to receive education at home, 
which some parents utilized. The NGO Belarusian Assistance to Children 
and Young Persons with Disabilities promoted the rights of children and 
young persons with disabilities.
    In the past, the Government has devoted considerable attention to 
overcoming the health effects of the Chernobyl nuclear accident; 
however, in response to the insistence of President Lukashenko, 
expressed in November, the Government threatened to restrict children's 
rehabilitation trips abroad.
    Families with children continued to receive government benefits, 
such as discounted transportation, but a disproportionate rate of 
families with children lived under the poverty line. In October, the 
President by edict created financial and housing incentives for 
families with three or more children with the aim of increasing the 
population and remedying the high levels of poverty for this group. 
Child abuse exists; however, there did not appear to be a societal 
pattern of abuse of children. According to Ministry of Education 
figures released during the year, 40,000 children were neglected. 
Orphans and abandoned children accounted for 1.5 percent of children, 
2.5 times as many as in 1990.
    There were no specific reports of trafficking in children but 
informed observers indicated that it existed but was rare (see Section 
5, Trafficking).
    On February 23, the Government enacted a law allowing military 
units to adopt and train orphans between the ages of 14 and 16. The 
orphans may not be enrolled as servicemen while still children. The 
Government committed itself to providing free food, clothing, housing, 
education, medical care, and cash allowances. These children are 
required to comply with the rules of the military units where they 
live, wear a uniform, obey orders, and join the unit upon reaching the 
draft age of 18.
    UNICEF's affiliated NGO, the Belarusian Association of UNESCO 
Clubs, reported a severe shortage of information on children's issues.

    Trafficking in Persons.--The law prohibits trafficking in persons; 
however, trafficking, particularly trafficking in women, remained a 
serious problem. The Government continued to make significant efforts 
to combat trafficking; however, three difficulties inhibited this 
effort: Corruption among police officers and border guards, lack of 
communication among government agencies, and the perception of 
trafficked persons as criminals rather than victims.
    The Criminal Code penalizes trafficking in persons for the purpose 
of sexual or other kinds of exploitation. The Criminal Code also 
criminalizes hiring individuals for sexual or other exploitation. The 
penalty for trafficking is 5 to 7 years' imprisonment. Severe forms of 
trafficking are punishable by up to 15 years' imprisonment. On July 23, 
law enforcement authorities secured their first trafficking conviction 
under the country's anti trafficking law. The courts sentenced the 
trafficker to 6 years in prison and fines for trafficking two teenage 
girls to Lithuania in the fall of 2003.
    In June, the Government created the Department on Combating 
Trafficking in Human Beings. This office remains subordinate to, and 
yet independent of, the Drugs and Morals Enforcement Department of the 
Ministry of the Interior, which previously dealt with trafficking 
issues. Observers noted that the creation of this office was a positive 
step in combating trafficking, but many concluded that the Government 
needed to clarify the role and power of the new Department in order for 
it to be effective.
    Attention to trafficking at the border increased, but segments 
remain largely uncontrolled. The Ministry of Labor continued to monitor 
and license activities of employment agencies offering labor contracts 
in foreign countries. Since July 2003, all agencies arranging 
employment abroad must be licensed. In some instances, the Ministry 
suspended or revoked such licenses for failure to meet established 
standards as a legitimate agency or business. The Ministry viewed these 
agencies as potential vehicles for trafficking.
    The Government collaborated with foreign governments to pursue 
trafficking investigations. The Government assisted government agencies 
in Germany, England, Lithuania, Austria, Poland, Italy, Turkey, and 
other nations on various trafficking cases.
    The International Organization for Migration (IOM) estimated during 
the year that 10,000 citizens become victims of trafficking annually, 
primarily for sexual exploitation in other countries. The country was 
both a country of origin and transit for women trafficked to the 
European Union (particularly Germany and Poland), the Middle East 
(particularly Israel and Cyprus), Turkey and Russia, Ukraine, 
Lithuania, Germany, Israel, Poland, Czech Republic, Turkey, Cyprus, 
Bahrain, Syria, Greece, Hungary, and Serbia and Montenegro. The open 
border with Russia was a particular problem as it allowed easy 
trafficking of Russian women to the West or Belarusian women to Russia 
and the East. Women and girls under the age of 25 were at particular 
risk of trafficking due to ignorance of the risk and lack of domestic 
economic opportunities in the country.
    Traffickers used force, fraud, and coercion to traffic their 
victims. Victims were trafficked mostly from economically depressed 
areas, where traffickers recruited through overseas employment offers, 
marriage arrangements, and travel agencies. More than half of the 
trafficked women were promised jobs as dancers or entertainers without 
any mention of prostitution or sexual exploitation. Traffickers often 
withheld victims' documents and used physical and emotional abuse to 
control victims en route and in the destination country.
    Employment agencies, particularly travel and modeling agencies, as 
well as individuals with connections overseas, were primarily 
responsible for trafficking. Some traffickers had links to organized 
crime and drug trafficking, but there was no information on the extent 
of this involvement.
    Corrupt officials facilitated trafficking by accepting bribes and 
turning a blind eye to trafficking. However, the Government began to 
crack down on corruption, prosecuting two officials in two different 
cases during the year for aiding trafficking. In 2003, the Government 
and an international organization collaborated to produce a counter 
trafficking operations handbook for police and border guards.
    Women seldom reported incidences of trafficking to police, probably 
due to the social stigma attached to trafficking crimes, a negative 
public opinion about authorities, insufficient protection of victims 
and witnesses, and a shortage of reintegration services for victims. 
Some victims were deported back to the country and did not receive 
special status or assistance as trafficking victims either in the 
countries to which they were trafficked or at home. During the year the 
IOM assisted 251 victims. The number of victims seeking assistance more 
than quadrupled in comparison with 2003. The IOM attributed this growth 
to increased public awareness of the problem of trafficking and 
improved law enforcement assistance to victims of trafficking. More 
than half of the victims referred to the IOM we referred by law 
enforcement agencies.
    In the summer, the European Community and the UNDP opened the 
country's second shelter for victims of trafficking. IOM used the 
shelter of a local NGO, Radislava. La Strada opened a mini-shelter in 
the early summer. The Government cooperated with NGO and international 
organizations in assisting victims but did not directly fund any 
assistance programs.
    The IOM, UNDP, and La Strada/YWCA conducted national awareness 
campaigns and provided training to NGOs in regional towns. La Strada/
YWCA and IOM continued to open and operate hotlines throughout the 
country. These hotlines provided opportunities for women to seek 
information about agencies, laws, and risks before accepting employment 
or marriage offers from overseas. In the summer, the NGOs managed to 
switch the hotlines to free ``green line'' numbers and create new 
billboards and brochures informing women to call the hotlines before 
making decisions to work or live abroad. The Government did not conduct 
independent awareness campaigns, but did increase trafficking coverage 
in state controlled news.

    Persons With Disabilities.--Discrimination against persons with 
disabilities in the provision of employment, education, access to 
health care, and other state services was a problem. Credible observers 
noted that the Government provided significantly more support for 
children with disabilities than for adults with disabilities. The law 
mandates that transport, residences, and businesses be accessible to 
persons with disabilities; however, facilities, including public 
transport and government office buildings, often were not accessible. 
In 2001, the Government started a 5 year initiative to make all public 
buildings accessible to persons with disabilities; however, the 
Republican Association of Disabled Wheelchair Users (RADWU) reported 
that 4 years into this project, little had changed. Ramps were 
installed on the exteriors of some buildings, but the interiors 
remained inaccessible. RADWU estimated that over 75 percent of persons 
with disabilities were unable to leave their homes without assistance. 
Many sidewalks and stores had no ramps and many buildings had only 
stairs or small elevators.
    The central authorities continued to provide some minimal benefits 
and subsidies to persons with disabilities, but according to the RADWU 
and the Belarusian Society of the Disabled, most of those benefits were 
ineffectual. For example, while persons with disabilities were given a 
50 percent discount on rent and utilities, the reduction could only be 
claimed if the individual lived alone. Very few could claim the 
discount, as there were few homes accessible to persons with 
disabilities, and most individuals lived with friends or family who 
provided daily mobility. Public transportation was free of charge, but 
neither the metro nor the bus system was wheelchair accessible.
    The Government prohibited any employer from requiring a person with 
disabilities to work more than 7 hours per day. This regulation was 
intended to protect the disabled, but actually provided a disincentive 
for hiring disabled persons as companies received less work than from a 
typical employee. The Government's decision to support only government 
run rehabilitation facilities, which were often less well-equipped and 
less responsive to needs than NGO facilities, had a negative effect on 
the quality of care.
    Foreign and domestic charities continued to provide care for 
children with disabilities.

    National/Racial/Ethnic Minorities.--The Russian and Belarusian 
languages share equal legal status; de facto, however, Russian remained 
the predominant and often only language used in government activities 
and on government forms. The Government's record in providing services 
in the Belarusian language improved slightly during the year. 
Authorities were occasionally responsive to requests for use of the 
Belarusian language in official activities. They occasionally published 
government documents in the Belarusian language. The authorities 
continued to limit the availability of early childhood education in 
Belarusian. The authorities claimed they only closed those Belarusian 
language schools that experienced diminishing enrollment; however, 
observers doubted this claim. While several subjects in schools, such 
as the history and geography of Belarus, were taught only in 
Belarusian, most school content continued to be taught in Russian.
    During the year, youth belonging to Russian ultra nationalist 
skinhead groups continued to be active. They continued to target 
foreigners as well as citizens promoting Belarusian culture. There were 
a number of skinhead groups, including the Russian National Union (RNU) 
and the National Bolshevik Party. The ultra nationalist RNU targeted 
both minorities and oppositionists. Observers noted that the RNU 
disrupted an opposition rally in May.
    Despite legislation prohibiting the dissemination of hate 
literature, events and stores associated with the BOC continued to sell 
anti-Semitic literature, though such materials were in small quantities 
and not prominently displayed (see Section 2.c). Despite assurances 
from the Committee of Religious and Nationalities Affairs (CRNA) that 
the Government took all necessary steps to address such manifestations 
of hate literature, no concrete steps were observed during the year.
    Both the Government and society engaged in significant 
discrimination against Roma, who numbered almost 70,000. High 
unemployment and low levels of education characterized the Roma 
community. On November 9, the Government cited the Roma unemployment 
rate at 93 percent. Due to negative stereotypes, other citizens did not 
hire Roma. The police harassed Romani women selling produce or telling 
fortunes in the marketplace. State media and government officials 
portrayed Roma negatively. On June 23, Romulad Andrievski, head of the 
Ministry of Internal Affairs' Department of Drug Trafficking, asserted 
that at least 50 percent of all Roma were drug dealers; while credible 
sources indicated that drug dealing by Roma was a problem, they 
regarded the 50 percent figure as exaggerated.
    Roma children struggled in the school system; they speak primarily 
Romani and Belarusian, but in most Belarusian schools the language of 
instruction is Russian. Parents often withheld their children from 
kindergarten in an effort to avoid assimilation. As a result, Romani 
children were linguistically behind in the all Russian classrooms. It 
took 2 to 3 years for the students to catch up; Romani students 
reported that their teachers and fellow students often assumed they 
were lazy or mentally incompetent when their academic difficulties 
actually resulted from language difficulties.
    Roma were able to receive higher education in the country's few 
private educational institutions, but were often denied access to 
higher education in state run universities. The Roma Lawyer's Group 
repeatedly petitioned the Government to permit the establishment of a 
public Roma school in Minsk, arguing that there were schools for Jews, 
Lithuanians, and Poles, but the Roma have no such educational 
opportunities. By year's end, there had been no response from the 
authorities.

    Other Societal Abuses and Discrimination.--Homophobia and 
discrimination against homosexuals were a problem. Although 
homosexuality was not a criminal offense, homophobia was widespread and 
instances of harassment occurred in all spheres of society. A negative 
statement about homosexuals by President Lukashenko in September 
demonstrated that negative attitudes towards homosexuals existed at the 
highest levels of government.
    Instances of discrimination included canceling in May of a concert 
by openly gay pop star Boris Moiseyev's performance for the 60th 
anniversary of liberation from Nazi occupation. In another incident, 
the Music 1 Channel denied a homosexual man permission to post a 
message on a televised dating chat room. The channel explained that 
they are not allowed to ``propagate non-traditional sexual behavior'' 
in their programming. Such incidents were not isolated.
    According to the UNDP, there was no official discrimination against 
persons with HIV/AIDS; however, there was societal discrimination. HIV 
infected individuals were afraid to disclose their status for fear of 
prejudice based primarily on a lack of understanding of the virus. Even 
doctors often strongly feared AIDS and lacked knowledge about the 
disease. The UNDP reported that very few medical personnel dealt with 
HIV/AIDS patients and HIV-infected women could give birth only at one 
department at one hospital. In prisons, HIV-infected inmates faced 
strong discrimination and were segregated to minimize risk of injury or 
even death at the hands of other prisoners.
Section 6. Worker Rights
    a. The Right of Association.--The Constitution upholds the right of 
workers, except state security and military personnel, to form and join 
independent unions on a voluntary basis and to carry out actions in 
defense of worker rights; however, these rights were not respected in 
practice. Measures to suppress independent unions included the 
conversion of all government employees to short-term contracts, the 
nonextension of employment contracts for some members of independent 
trade unions, the arrest of members of independent trade unions for 
distributing union literature, the confiscation of union materials, the 
denial to union members of access to work sites, excessive fines, and 
pressure on union members by managers and state authorities to join 
progovernment unions. In a report published October 8, an ILO 
Commission of Inquiry criticized the Government for its interference in 
trade union activity. The Government continued to pursue the objective 
of bringing all trade union activity under its effective control.
    During the year, the authorities continued to interfere in the work 
of the independent Congress of Democratic Trade Unions (CDTU), 
especially regarding activities of independent, affiliated unions. In 
June, the International Labor Organization's (ILO) Standards Committee 
included the country in its special paragraph on trade union violations 
for a third consecutive year and urged the Government to address the 
ILO recommendations that it eliminate Government interference in 
unions. On October 8, the ILO Commission of Inquiry, established in 
November 2003, published a report detailing serious violations of 
workers' rights in the country. The ILO report concluded the Government 
had violated the ILO Freedom of Association and Protection of the Right 
to Organize Convention and the Right to Organize and Collective 
Bargaining Convention by using laws on registration to restrict the 
formation of trade unions, by failing to take effective measures 
against anti union discrimination, and by preventing workers' 
organizations from organizing their activities freely.
    In November 2003, the Ministry of the Economy informed the ILO that 
all activities related to the ILO's technical assistance project to 
labor unions must cease, because the registration of the project had 
been rejected. The Ministry cited the exclusion of the Federation of 
Trade Unions of Belarus (FTUB) from project activities as the main 
reason that registration was denied, even though local branch unions 
affiliated with the FTUB participated in project activities throughout 
the year.
    A 2003 Presidential decree requires trade unions to enroll a 
minimum of 10 percent of the workers of an enterprise in order to form 
and register a local union. The decree specifies a minimum enrollment 
of 500 members for national unions. It also obliged existing registered 
unions to reregister and to meet the new requirements. Independent 
trade union leaders reported that this decree had the effect of making 
registration, and therefore union activities, nearly impossible in many 
of the larger state owned enterprises. Some local unions have been 
denied registration under this decree. The ILO Commission of Inquiry on 
October 8 noted that a Grodno regional court denied registration to the 
Belarusian Free Trade Union (FTU) at Khimvolokno, a local business, 
because the FTU did not provide documents confirming the FTU met the 10 
percent minimum membership requirement.
    The authorities continued to threaten employees at state run 
enterprises who joined independent trade unions with dismissal. The 
FTUB, formerly the Belarusian branch of the Soviet Union's All Union 
Central Council of Trade Unions, consisted of approximately 3.9 million 
workers and was the largest trade union organization. The independent 
CDTU consisted of 4 independent unions totaling 12,000 members. 
According to FTUB figures, 92 percent of the workforce was unionized.
    The Government forced government employees and employees of state-
owned businesses, who together were a majority of the workforce, to 
move to a short term contract system from a lifetime contract system of 
employment during the year. A September 2 order by Vice Premier Andrey 
Kobyakov threatened ministers and governors that failure to transfer 
government officials to fixed term contracts before October 6 would be 
``called into account.'' Credible reports indicate that the Government 
used the fixed term contract system to dismiss independent union 
members and opposition political activists. Although the contract 
system allows contracts to be signed for periods up to 5 years, only 
one major employer signed contracts of that length. Most contracts were 
concluded for 6 months or 1 year terms.
    Independent trade unions faced continual Government harassment. The 
ILO Commission of Inquiry noted on October 8 that the punishment courts 
imposed on union leaders Aleksandr Yaroshuk and Aleksandr Bukhvostov 
and lawyer Vladimir Odynets in 2003 was motivated by their union 
activities. On September 17, the management of the Belarusian Aerial 
Navigation Enterprise informed the former vice president of the 
deregistered Belarusian Air Traffic Controllers' Union Oleg Dolbik, 
that his contract would not be extended. On September 20, a Grodno 
court fined Ivan Roman, a member of the Belarusian Trade Union of 
Workers of Radio and Electronic Industry, Automobile Machinery, 
Metalworking Industry, and Other Branches of the National Economy 
(REPAM) $84 (180,000 Belarusian rubles) for distributing the REPAM 
bulletin ``Shaber.'' The MOJ had revoked the registration of the REPAM 
on July 22, only 3 months after it granted it. The ministry also 
blocked efforts by the Belarusian Trade Union of Workers of Radio and 
Electronic Industry (REP), one of the two unions forming the core of 
REPAM, to broaden its membership base.
    The MOJ closed the Belarusian Party of Labor (BPL) on August 2. 
President Lukashenko and Industry Minister Anatolyy Kharlap both set 
the removal of party chairman Aleksandr Bukhvostov and party leader 
Gennadyy Fedynich from the head of FTUB affiliated unions as a primary 
goal for 2003. Bukhvostov was removed from his position as head of the 
Agricultural Machinery Workers Union (ASM) in December 2003,

    b. The Right to Organize and Bargain Collectively.--The law 
provides for the right to organize and bargain collectively; however, 
the authorities and state owned enterprises hindered the ability of 
workers to bargain collectively and, in some instances, arbitrarily 
suspended collective bargaining agreements. An ILO Commission of 
Inquiry concluded that several trade unions had been denied the right 
to bargain collectively because of the deregistration and 
nonregistration of unions. The independent Free Trade Union reported it 
had been unable to open negotiations on a collective bargaining 
agreement for workers at the Mogilev factory of artificial fiber for 
over a year. Unions reported that some enterprises and state agencies 
pressured workers to accept individual contracts in lieu of collective 
contracts and also altered the duration of the contracts from life to 
fixed terms (see Section 6.a.).
    The Constitution provides for the right to strike; however, tight 
control by the Government over public demonstrations made it difficult 
for unions to strike or to hold public rallies furthering their 
objectives. During the year, small vendors and workers organized 
several small strikes in various regions of the country. However, there 
were many instances in which management and local authorities 
frustrated workers' attempts to organize strikes by declaring that such 
activities would be illegal.
    There are no special laws or exemptions from regular labor laws in 
the six special economic zones.

    c. Prohibition of Forced or Compulsory Labor.--The Constitution 
prohibits forced or compulsory labor, including by children, except in 
cases when the work or service to be performed is fixed by a court's 
decision or in accordance with the law on states of emergency or 
martial law; however, there were some reports that such practices 
occurred. A February 23 law allows the commanding officers of military 
units to receive responsibility for orphans from the ages of 14 to 16; 
such orphans are required to join the military unit after they reach 
the legal draft age. The Government approved several ``subbotniks'' by 
which workers ``volunteered'' to work on Saturday and donate the day's 
earnings to finance certain social projects. Participation in 
subbotniks was technically voluntary but effectively mandatory; workers 
who refused to participate were subject to fines and intimidation by 
employers and the authorities.

    d. Prohibition of Child Labor and Minimum Age for Employment.--The 
law establishes 16 as the minimum age for employment. With the written 
consent of one parent (or legal guardian), a 14 year old child may 
conclude a labor contract. The Prosecutor General's office reportedly 
enforces this law effectively. However, students were required to 
participate in potato harvesting activities.

    e. Acceptable Conditions of Work.--The minimum wage was $40 (87,000 
Belarusian rubles) a month, which was below the countries' minimum 
sustenance budget of $60 (130,000 Belarusian rubles) and did not 
provide a decent standard of living for a worker and a family; however, 
average real wages improved during the year from approximately $126 
(264,000 Belarusian rubles) to $175 (380,000 Belarusian rubles) a 
month.
    The Constitution and Labor Code set a limit of 40 hours of work per 
week and provide for at least one 24 hour rest period per week. In 
reality, because of the country's difficult economic situation, a 
number of workers found themselves working considerably fewer than 40 
hours per week. Reportedly factories often required workers to take 
unpaid furloughs caused by shortages of raw materials and energy and a 
lack of demand for factory output.
    The law establishes minimum conditions for workplace safety and 
worker health; however, these standards often were ignored. Workers at 
many heavy machinery plants did not wear even minimal safety gear, such 
as gloves, hard hats, or welding glasses. A State Labor Inspectorate 
existed but did not have the authority to enforce compliance, and 
violations often were ignored. During the year, 250 workers died and 
840 were seriously injured in workplace accidents. The high accident 
rate was due to a lack of protective clothing, shoes, equipment, 
failure to observe temperature regulations, the use of outdated 
machinery, and inebriation on the job. 46 percent of those who died in 
workplace accidents were inebriated. There is no provision in the law 
that allows workers to remove themselves from dangerous work situations 
without risking loss of their jobs.

                               __________

                                BELGIUM

    Belgium is a parliamentary democracy with a constitutional monarch 
who plays a mainly symbolic role. The Council of Ministers (Cabinet), 
led by the Prime Minister, holds office as long as it retains the 
confidence of the lower house of the bicameral Parliament. Federal 
parliamentary elections held in May 2003 were free and fair and 
resulted in a four-party coalition government. The country is a federal 
state with several levels of government, including national, regional 
(Flanders, Wallonia, and Brussels), community (Flemish, Francophone, 
and German), provincial, and local. The judiciary is independent.
    The civilian authorities maintained effective control of the 
security forces. The Federal Police are responsible for internal 
security and nationwide law and order. Local Federal Police branches 
operated in all 196 police districts. There were no reports that 
security forces committed human rights abuses.
    The country, which has a population of approximately 10.3 million, 
is highly industrialized, with a large private sector and limited 
government participation in industry. The primary exports were 
machinery and equipment. The economy grew an estimated 2.7 percent 
during the year and provided a high standard of living for most 
citizens; there was little economic disparity.
    The Government generally respected the human rights of its 
citizens, and the law and the judiciary provided effective means of 
addressing individual instances of abuse. Racist and xenophobic 
violence against Jews and Muslims occurred infrequently. Trafficking in 
women and children remained a problem, which the Government took steps 
to address.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Arbitrary or Unlawful Deprivation of Life.--There were no 
reports of the arbitrary or unlawful deprivation of life committed by 
the Government or its agents.
    During the year, six people were convicted of conspiracy to murder 
the former Socialist Party Minister Andre Cools, who was assassinated 
in 1991. Socialist Party Minister Alain Van der Biest was implicated in 
the conspiracy and committed suicide in 2002.

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

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The law prohibits such practices, and there were no 
reports that government officials employed them.
    There were instances of violence by groups towards Muslims and Jews 
(see Section 5).
    In July 2003, the Government published its response to a report by 
the Council of Europe's Committee for the Prevention of Torture (CPT) 
based on a 2001 visit. The CPT report made recommendations concerning 
the use of force and means of restraint during involuntary movement of 
prisoners, but noted that the Government had already taken measures to 
reduce risks to prisoners. The report's principal concerns were 
violence among prisoners at Andenne Prison, chronic overcrowding at 
Antwerp Prison, and the operation of the psychiatric care system in 
prisons. In response to the report, the Government adopted specific 
articles in the Criminal Code prohibiting torture and inhumane 
treatment and prohibited the use of plastic handcuffs and the use of 
immobilization techniques that could result in asphyxiation. Other 
Government actions to implement the CPT recommendations included 
closure of a psychiatric ward at Lantin prison; new measures to combat 
prison violence; and a more liberal policy for allowing prisoners 
access to medical treatment. Following the July 2003 death of a 
prisoner at Lantin penitentiary, a judicial inquiry began into the 
actions of two prison guards. The investigation continued and was still 
pending at year's end.
    Prison conditions varied: Newer prisons generally met international 
standards, while some older facilities nearly met international 
standards despite their austere physical conditions and limited 
resources. During the year, the U.N. Human Rights Committee on the 
implementation of the International Covenant on Civil and Political 
Rights expressed concern over the level of prison populations. 
Overcrowding remained a problem: The prison system, which was designed 
to hold 8,133 prisoners, held on average 9,000 prisoners in 2004, 
according to government figures. Projects to expand the prison system 
by approximately 200 persons were not completed by year's end. To 
reduce overcrowding, the Government adopted alternative sentencing, 
electronic surveillance at home for about 350 prisoners nearing the end 
of their sentences, and entered into agreements with several countries 
to return foreign prisoners to their home countries to complete their 
sentences. During the year, the psychiatric prison ward capacity was 
expanded following criticism of inmate treatment by the International 
Prison Observatory. In December, the Government passed a bill on the 
fundamental rights of prisoners. Legislation was also enacted and 
implemented abrogating legal incapacity status for certain categories 
of convicts, such as repeat criminal offenders.
    Men and women were held separately. Juvenile prisoners were not 
held in adult prisons. However, a juvenile court judge can determine 
whether to release or imprison those over age 16. Convicted criminals 
and pretrial detainees were not held in separate facilities.
    The Government permitted visits by independent monitoring and human 
rights groups, and such visits took place during the year.

    d. Arbitrary Arrest or Detention.--The law prohibits arbitrary 
arrest and detention, and the Government generally observed these 
prohibitions.
    The Federal Police Council, an anticorruption unit, and the Federal 
Interior Ministry manage the operations of the Federal police forces. 
An independent oversight committee monitors police activities and 
compiles an annual report for Parliament. The Federal Police were 
responsible for internal security and nationwide law and order. The 
local police operated branches in all 196 police districts responsible 
for local law enforcement. Corruption was not a problem with local or 
Federal police, although a parliamentary oversight committee noted an 
increase in reported wrongful use of force, racism, and verbal abuse by 
police at all levels during the year.
    Arrested persons must be brought before a judge within 24 hours. 
Pretrial confinement was subject to monthly review by a panel of 
judges, which could extend detention based on established criteria, for 
example, if the court deemed the arrested person likely to commit 
further crimes or attempt to flee if released. There were instances 
where lengthy pretrial detention was a problem. The law provides for 
bail, but it was not a prevailing practice and was only occasionally 
granted. During the year, 39 percent of the prison population consisted 
of pretrial detainees. Arrested persons were allowed prompt access to a 
lawyer of their choosing or, if they could not afford one, to an 
attorney appointed by the State.
    Fehriye Erdhal, a Kurdish woman accused of involvement in a 1996 
terrorist attack in Turkey, remained under house arrest pending trial 
at year's end. Following the Council of State's March 2003 reversal of 
a 2000 expulsion order, Erdhal renewed her application for political 
asylum, and her asylum case was pending at year's end. By year's end, 
the federal prosecutor sought to indict Erdal for arms possession and 
membership in a criminal organization.

    e. Denial of Fair Public Trial.--The Constitution provides for an 
independent judiciary, and the Government generally respected this 
provision in practice.
    The criminal judicial system is composed of civil and criminal 
courts and their respective courts of appeal. The Courts of First 
Instance (district courts) are responsible for civil and commercial 
litigation for matters that exceed the jurisdiction of a justice of the 
peace. There are five appeal courts and one Supreme Court of Appeal. 
The latter verifies that the law has been correctly applied and that no 
procedural errors have been committed. When the Supreme Court overturns 
a ruling, the case is referred to one of the appeals courts to 
reexamine the facts. The criminal courts consist of the magistrate's 
court, correctional courts, and the criminal chambers of the court of 
appeal. Each province has a Court of Assize, with a public jury judging 
the cases. These courts have jurisdiction over all the most serious 
crimes and political crimes. The Courts of Assize are courts of first 
and last instance and their rulings cannot be appealed.
    The High Council on Justice supervises the appointment and 
promotion of magistrates. The Council serves as a permanent monitoring 
board for the entire judicial system and is empowered to hear 
complaints against individual magistrates.
    The Federal Prosecutor's Office prosecutes crimes involving nuclear 
materials, human trafficking, arms trafficking, human rights 
violations, terrorism, crimes against the security of the State, as 
well as any case involving foreign perpetrators, victims, or territory.
    The law provides for the right to a fair trial, and an independent 
judiciary generally enforced this right. Charges are stated clearly and 
formally, and there is a presumption of innocence. All defendants have 
the right to be present, to have counsel (at public expense if needed), 
to confront witnesses, to present evidence, and to appeal.
    The courts rarely used the Summary Trial Act, which allows for the 
immediate arrest and summary appearance of criminals caught in the act 
of committing a crime.
    Peacetime use of military tribunals was abolished on January 1.
    Each judicial district has a labor court, which deals with 
litigation between employers and employees regarding wages, notice, 
competition clauses, and social security benefits. There is also a 
magistrate in each district to monitor cases involving religious groups 
(see Section 2.c.).
    A law adopted in 2003 amended the controversial ``universal 
competence'' law, and authorizes jurisdiction over alleged war crimes 
and crimes against humanity committed outside the national territory 
only when the victim or perpetrator is a citizen or resident of the 
country.
    There were no reports of political prisoners.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The law prohibits such actions, and the Government 
generally respected these prohibitions in practice.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The law provides for freedom of 
speech and of the press, and the Government generally respected these 
rights in practice 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.

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

    c. Freedom of Religion.--The Constitution provides for freedom of 
religion, and the Government generally respected this right in 
practice.
    The law accords ``recognized'' status to Roman Catholicism, 
Protestantism (including evangelicals and Pentecostals), Judaism, 
Anglicanism, Islam, and Orthodox Christianity (Greek and Russian), and 
these groups received government subsidies. Nonconfessional 
philosophical or secular organizations served as a seventh recognized 
``religious'' group, and their organizing body, the Central Council of 
Non Religious Philosophical Communities of Belgium, received funds and 
benefits similar to those of the six recognized religions.
    By law, each recognized religion has the right to provide teachers 
at government expense for religious instruction in public and private 
schools. For recognized religions, the Government paid the salaries, 
lodging, and retirement expenses of clergy members and also subsidized 
the construction and renovation of houses of worship. The lack of 
recognized status generally did not prevent nonrecognized religious 
groups from freely practicing their religions, and citizens generally 
practiced their religion without official harassment or impediment.
    During the year, the Justice Minister decided to create a committee 
to assist in preparing the Muslim representative body, the Muslim 
Executive Council, for new elections after an impasse was reached on 
how to elect a general assembly and executive council. The Muslim 
Executive Council is responsible for appointing religious teachers 
(imams) and for the secular administration of cemeteries, buildings, 
and food preparation. Continued organizational disputes within the 
Muslim community and with the Ministry of Justice associated with the 
preparation for these elections have postponed formation of this 
council.
    Some groups continued to complain that their inclusion on a 1998 
parliamentary commission's list of groups that may pose a threat to 
society or individuals caused discriminatory action against them. While 
the list has no official status, the groups continued to state that the 
prominence of the list, and governmental funding of the Center for 
Advice on Harmful Sects to monitor some groups from the list, caused 
negative assumptions and guilt by association.
    In 2002, an independent judge completed his 5 year criminal 
investigation into allegations against the Church of Scientology, 
clearing the way for a prosecutor to take the case to trial. The 
charges related to alleged financial irregularities by some local 
church officials, bribery, violation of privacy legislation, and 
unlawful exercise of the medical profession. The trial had not started 
by year's end.
    There is no provision in immigration law for foreign members of 
religious groups to enter the country to conduct religious work or for 
them to obtain work permits for that purpose. However, various 
religious groups, including the Church of Jesus Christ of Latter-day 
Saints, continue to receive visas for members from abroad temporarily 
to conduct missionary activities.
    Political leaders avoided parliamentary debate over the use of 
religious symbols in public schools and allowed individual schools to 
continue to determine such matters.
    Jewish advocacy groups noted 21 anti-Semitic incidents during the 
first half of the year and Muslim organizations reported 6 anti-Islamic 
incidents. In July, in the most serious incident involving the Jewish 
community of Antwerp, a Jewish youth was stabbed. No arrests had been 
made by year's end.
    In the June 2003 failed car bombing of the synagogue in Charleroi, 
a suspect was arrested, declared mentally incompetent, and was detained 
at year's end.
    In July, three men attacked the asylum center of Ranst (Antwerp 
Province), leaving one Muslim asylum seeker hospitalized and two more 
injured. Three youths were convicted and sentenced to an institution 
for juvenile delinquents until they turn 18 or a judge decides 
otherwise, and one 18-year-old youth was given conditional release. 
Following the incidents during the year, the Federal Government adopted 
an action plan to step up the fight against racism and to protect more 
effectively the Jewish community, asylum centers, and mosques. The 
Center for Equal Opportunities and Opposition to Racism (CEEOR) (Anti-
Racism Center) and federal authorities have created a monitoring unit 
to follow these cases.
    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 employ 
it.
    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 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. 
From January to October, 12,374 asylum applications were submitted, 
continuing the downward trend begun in 2000. Approximately 40 percent 
of applicants were permitted to continue processing their applications, 
having received a stay from the immigration office. Of the 18,817 
requests received in 2003, 1,201 applicants obtained political refugee 
status.
    From January to November, 5,850 persons were repatriated. During 
the year, 2,007 non-nationals were stopped at the border (including the 
airport). From January to November, there were 396 forced 
repatriations. Joint repatriations were organized between the 
Government of the Netherlands and the Government of Luxembourg.
    The Government, in partnership with the International Organization 
for Migration (IOM), provided relocation assistance to unsuccessful 
asylum applicants who agreed to repatriate voluntarily to their country 
of origin. Unsuccessful applicants who did not leave voluntarily were 
subject to forced repatriation. From January to November, there were 
2,964 voluntary repatriations.
    There are five detention centers for aliens who entered the country 
illegally. The detention of minors in these facilities remained 
controversial, and the Government indicated that it was exploring new 
means for handling underage asylum seekers.
    The Government also provided temporary protection to certain 
individuals who fall outside the definition of the 1951 U.N. 
Convention/1967 Protocol. Undocumented asylum seekers arriving by air, 
whose claims did not appear legitimate as determined by immigration 
officials, were not allowed to enter but were held in a closed 
detention center at the airport while awaiting forced or voluntary 
repatriation. The children of such asylum seekers did not attend 
school. Those applicants whose claims appeared to be legitimate were 
released to a system of 39 reception centers for shelter and 
assistance. The Federal Government, the International Committee of the 
Red Cross, and municipalities had a combined 15,375-bed capacity. Use 
of these reception centers was provided to 86.6 percent of those 
persons who had legitimate claims. The remaining applicants found 
private means of support.
    Authorities rejected the applications of many refugees from Iran 
and Afghanistan. In 2003, approximately 300 Afghan asylum seekers took 
refuge in a church to protest the rejection of their applications. Many 
also went on a hunger strike. The Interior Minister allowed all of the 
protesters to remain in the country for part of the year, some with 
families until as late as June, before they had to leave, or they could 
file for asylum to have their cases individually reviewed. Since the 
law permits a family of asylum seekers resident in the country for at 
least 3 years to apply for regularization (4 years for an individual), 
the extension meant that many of the 300 would be able to remain in the 
country permanently; however, these cases were still pending at year's 
end. Fourteen Iranian asylum seekers also went on a hunger strike to 
protest the rejection of their applications and were also granted a 
temporary stay while their cases were re-examined. These cases also 
were still pending at year's end. In 2003, 87 Iranians voluntarily 
returned to Iran under IOM auspices.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The law provides citizens with the right to change their government 
peacefully, and citizens ages 18 and older exercised this right in 
practice through periodic, free, and fair elections held on the basis 
of universal suffrage. Voting in all elections is compulsory, with 
failure to vote subject to a nominal fine. Direct popular elections for 
parliamentary seats (excluding some Senators elected by community 
councils and others elected by Senate members) are held at least every 
4 years. Opposition parties operated freely. During the year, 
legislation was enacted allowing long-term non-European Union (EU) 
immigrants to vote in municipal elections.
    The existence of communities speaking Dutch, French, and German 
created significant complexities for the Government. Most major 
institutions, including political parties, are divided along linguistic 
lines. National decisions often take into account the specific needs of 
each regional and linguistic group. With three official languages, the 
country had a complex linguistic regime, including language 
requirements, for various elective and appointive positions. The law 
prohibits the official financing of any racist or xenophobic party or 
any party that does not respect human rights.
    After two lower courts ruled that they were not competent to hear 
the case of charges brought against three nonprofit organizations 
linked to the Vlaams Blok party, the prosecutor and the CEOOR, an 
autonomous governmental entity, appealed to the country's Supreme Court 
of Appeals, which remanded the case to the Ghent Court of Appeals. In 
April, the Ghent Appellate Court ruled that the three non-profit 
organizations, which constituted the Vlaams Blok, violated the 
country's anti-racism and anti discrimination legislation. In November, 
the Supreme Court of Appeals upheld the verdict of the Ghent Appellate 
Court. As a result, the Vlaams Blok changed its name to the Vlaams 
Belang to avoid further legal action. The Vlaams Blok, which received 
public funds from both the Federal and Flemish regional parliaments 
under its original name, is now receiving funding under its new name.
    There were 52 women in the 150-seat Chamber of Representatives and 
26 women in the 71-seat Senate; 5 of the 21 Federal Cabinet ministers 
were women, and there were 11 female ministers out of 43 regional 
ministers. In 2002, Parliament adopted legislation that requires an 
equal number of male and female candidates on party tickets for all 
future regional and federal elections.
    There was one minority federal cabinet member, six minorities in 
the Federal Senate, four in the Federal Chamber, and two in the 
regional governments.
    The Government provides free access to citizens and noncitizens to 
government information; however, there were exceptions, such as 
material involving national security.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    A number of domestic and international human rights groups 
generally operated without government restriction, investigating and 
publishing their findings on human rights cases. Government officials 
were very cooperative and responsive to their views.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The law prohibits discrimination based on race, gender, disability, 
language, or social status, and the Government generally enforced these 
laws.

    Women.--Domestic violence against women remained a problem. In 
March, the Government initiated a national plan to prevent domestic 
violence that attempted to increase awareness through educational 
campaigns; however, the results were not evident by year's end. The law 
defines and criminalizes domestic violence with the aim of protecting 
married and unmarried partners. The law allows social organizations to 
represent victims of domestic violence in court with the victim's 
consent. It allows police to enter a home without the consent of the 
head of household when investigating a domestic violence complaint. 
According to the law's proponents, the police did not use it enough in 
practice. By year's end, the Government had not implemented provisions 
of the law that required it to establish and maintain a database of 
statistics on domestic violence. Spousal rape is illegal, but no data 
was available on the number of persons charged or convicted of spousal 
rape.
    A number of government-supported shelters and telephone help lines 
were available across the country. In addition to providing shelter and 
advice, many offered assistance on legal matters, job placement, and 
psychological counseling to both partners. One of the three regional 
governments provided approximately 80 percent of these organizations' 
budgets. The law also allows the victim of domestic violence to claim 
the family dwelling.
    The law prohibits organizing prostitution or assisting immigration 
for the purpose of prostitution, but not prostitution itself.
    Sexual harassment is illegal. The Government has implemented 
procedures to monitor sexual harassment claims. The law provides 
victims of sexual harassment the right to sue their harassers. The law 
also prohibits discrimination in hiring, working conditions, 
promotions, wages, and contract termination. Most cases of sexual 
harassment were resolved informally.
    The Constitution and the law provide for the equal treatment of men 
and women. The Government actively promoted a comprehensive approach to 
the integration of women at all levels of decision making. The 
Institute for the Equality of Men and Women is authorized to initiate 
lawsuits if it finds that equality laws have been violated.
    In 2002, the gross average salary for a woman was 85 percent of the 
national gross average salary. Almost 51 percent of working age (age 15 
to 60) women were gainfully employed, 36.8 percent of these were part-
time.

    Children.--The Government was strongly committed to children's 
rights and welfare; it amply funded a system of public education and 
health care and provided free compulsory education from ages 6 to 18. 
The Francophone and Flemish communities each subsidized an official 
children's rights organization headed by a commissioner.
    The Constitution provides that every child has the right to respect 
for his or her moral, physical, mental, and sexual integrity. The 
Federal Police has a specialized unit dedicated to investigating child 
pornography complaints and there are comprehensive child protection 
laws. The law provides for severe penalties for child pornography and 
persons possessing pedophilic materials. It permits the prosecution of 
residents who commit such crimes abroad and provides that criminals 
convicted of the sexual abuse of children cannot be paroled without 
first receiving specialized treatment and must continue counseling and 
treatment upon their release from prison. The law provides for the 
protection of youth against sexual exploitation, abduction, and 
trafficking.
    In June, Marc Dutroux was convicted and sentenced to life 
imprisonment by the Luxembourg Province Court of Assize for rape, drug 
trafficking, and forceful detention of six girls and the murder of 
three of them. His accomplices, including his wife, were also 
convicted. The investigation into these high profile crimes lasted 8 
years, was the subject of public outrage and a parliamentary 
investigation, and caused a general overhaul of the police and numerous 
changes to the criminal code. It also led to the formation of 
nongovernmental, governmental, and quasi-governmental organizations 
focused on child protection.
    There were some reports of abuse of children, although there was no 
societal pattern of abuse directed against children.
    Child prostitution was a problem but was not widespread, and in 
September, the Federal Government initiated a new campaign to prevent 
it.
    Government and private groups provided shelters for runaways and 
counseling for children who were physically or sexually abused. Child 
Focus, the government-sponsored center for missing and exploited 
children, reported that it handled 2,954 cases in 2003, a nearly 30 
percent increase since 2000. Approximately 42 percent of the reported 
cases concerned runaways, 23 percent involved abduction by parents, 23 
percent were reports of disappearance, and nearly 8 percent were 
pedophilia cases. The most marked increase was in the reports of 
disappearances. Child Focus also noted that 67 percent of the reported 
runaways were girls.

    Trafficking in Persons.--The law criminalizes trafficking in 
persons; however, the country was both a transit and a destination 
point for trafficking in women and children. Despite laws that offer 
protection and continued residence in the country to foreign victims of 
trafficking who come forward, both governmental and nongovernmental 
sources indicated a continuing rise in trafficking of women and minors 
for sexual exploitation.
    The law provides that persons convicted of violating the anti 
trafficking law are subject to 1 to 5 years of imprisonment and 
substantial fines. Members of trafficking ``organizations'' and persons 
committing offenses that include aggravated circumstances may be 
punished by 10 to 15 years of hard labor and higher fines. Penalties 
for trafficking of children are more severe and include possible life 
imprisonment if the victim is less than 10 years of age.
    In July, the Government incorporated the existing trafficking laws 
into the criminal code. Death of a trafficking victim can now result in 
20 years of imprisonment and a $195,000 (150,000 euro) fine.
    An interdepartmental committee provided coordination and 
communication between the various agencies and ministries involved in 
combating trafficking. This committee met several times annually under 
the auspices of the CEOOR. A magistrate was designated in each judicial 
district to supervise cases involving trafficking. The Federal 
Prosecutor's Office is in charge of coordinating the various anti-
trafficking initiatives. In March, the Government set up a new 
Information and Analysis Center on Trafficking. The new center 
coordinates data from the CEOOR, Child Focus, several ministerial 
departments, the college of prosecuting magistrates, and the office of 
the federal prosecutors.
    There are anti-trafficking units in both the Federal and local 
police forces. The CEOOR identified 330 human trafficking related cases 
in the courts in 2001 and 2002: 160 cases involved alien smuggling, 80 
were prostitution-related, and 30 concerned labor exploitation. 
Sentences for persons convicted under the law ranged from approximately 
2 to 10 years' imprisonment and fines of approximately $2,970 to 
$33,750 (2,200 to 25,000 euros). However, at least some of the 
convictions were related only indirectly to trafficking.
    Trafficking victims continued to come primarily from sub-Saharan 
Africa (particularly Nigeria), Central and Eastern Europe (particularly 
Albania), Chechnya, Iran, and Asia (particularly China). Nigerian and 
Albanian victims usually were women between the ages of 21 and 30 
trafficked for prostitution. Victims of sexual exploitation were 
increasingly women under age 18. Gangs that controlled the trade 
sometimes threatened victims with violence, including retribution 
against the victims' families in their home countries. Chinese victims 
often were young men trafficked for manual labor in restaurants and 
sweatshops.
    Most cases of trafficking were the work of organized gangs from 
Central and Eastern Europe, particularly from Albania. While a growing 
number of victims came forward, this rarely led to the identification 
or capture of the traffickers. Traffickers not only moved their victims 
frequently from city to city within the country, but also used the EU's 
open borders to move victims from country to country. Freedom of 
movement also made it easy for traffickers to evade arrest if one of 
their victims went to the authorities.
    The law provides that victims of trafficking who provide evidence 
against their trafficker may be granted temporary residence and work 
permits and are eligible to receive significant financial assistance 
from government-funded reception centers managed by nongovernmental 
organizations (NGOs). In each of the country's three regions, the 
Government designated and subsidized a nonprofit organization to 
provide such assistance. At the conclusion of legal proceedings against 
their traffickers, victims generally were granted permanent residence 
status and unrestricted work permits. The rights of victims generally 
were respected in practice, and they were not treated as criminals. The 
CEOOR did not maintain statistics on how many victims of sexual 
exploitation were sheltered and assisted.
    Anti-trafficking liaison officers were assigned to the country's 
embassies in some countries of origin, including Albania, Cote 
d'Ivoire, the Democratic Republic of Congo, Guinea, Kazakhstan, and 
Ukraine. These officers gathered information about local conditions and 
trafficking trends and assisted in establishing anti-trafficking 
information campaigns for the local population.
    The Government worked closely with the IOM to develop programs to 
combat trafficking and to assist its victims. For example, the 
Government provided funding for information campaigns in countries of 
origin to warn women of the dangers of trafficking. It also provided 
funding to the IOM to assist the voluntary return of victims to their 
home countries and to assist them in readjusting once they had returned 
home. The Government worked closely with and supported NGOs that 
combated trafficking.
    The Federal Police increased their activity in the port of 
Zeebrugge to stem the flow of persons transiting by boat to the United 
Kingdom. During the year, the Federal Police intercepted more than 
6,000 persons and arrested 26 persons suspected of alien smuggling.

    Persons With Disabilities.--The law provides for the protection of 
persons with disabilities from discrimination in employment, education, 
access to health care, and the provision of other state services. There 
were no reports of societal discrimination against persons with 
disabilities. The Government mandated that public buildings erected 
after 1970 be accessible to such persons and offered subsidies to 
encourage the owners of other buildings to make necessary 
modifications. However, many older buildings were not accessible.
    The Government provided financial assistance to persons with 
disabilities. It gave special aid to parents of children with 
disabilities and to parents with disabilities. Regional and community 
programs provided other assistance, such as job training. Persons with 
disabilities were eligible to receive services in any of the country's 
three regions, not just in their region of residence.

    National/Racial/Ethnic Minorities.--In the country's pluralistic 
society, individual differences, particularly linguistic preference 
rights, were respected. Approximately 60 percent of citizens were 
native Dutch speakers, 40 percent French speakers, and less than 1 
percent German speakers.
    The law prohibits the incitement of discrimination, hate, or 
violence based on race, ethnicity, or nationality. It is illegal for 
providers of goods or services (including housing) to discriminate on 
the basis of any of these factors or for employers to consider these 
factors in their decisions to hire, train, or dismiss workers; however, 
immigrant communities complained of discrimination, particularly in the 
job market. The law also expanded the mandate of the CEOOR to encompass 
other discrimination, such as discrimination based on gender, age, and 
disability.
    Members of the Muslim community, estimated at 350,000, and 
principally of Moroccan and Turkish origin, claimed that discrimination 
against their community, notably in education and employment and 
especially against young men, was greater than that experienced by 
other immigrant communities. Only 30 percent of working-age, non-EU 
immigrants were employed.
    In 2003, the CEOOR, which was tasked with investigating complaints 
of discrimination based on race, handled 779 complaints, only 45 of 
which led to court action by the Center. Of these, only 17 resulted in 
civil claims for damages. One fifth of the complaints were job-related.
    During the year, there was an increase in ethnic/religious 
incidents, primarily directed towards Muslims and Jews (see section 
2.c.).
Section 6. Worker Rights
    a. The Right of Association.--The Constitution provides workers the 
right to associate freely, including the freedom to organize and to 
join unions of their own choosing, and workers fully and freely 
exercised this right in practice. Approximately 60 percent of employed 
and unemployed workers were members of labor unions.

    b. The Right to Organize and Bargain Collectively.--The law allows 
unions to conduct their activities without interference, and the 
Government protected this right in practice. The right to organize and 
bargain collectively was recognized and exercised freely, and the 
Government protected this right in practice. The law provides for the 
right to strike, and workers exercised this right in practice. During 
the year, trade unions and employers generally respected the 
gentlemen's agreement of 2002 in which both sides pledged to honor the 
right to strike; employers would avoid court action against strikes 
provided that workers and unions undertook to respect the required 
notification period. At year's end, employers expressed concern about a 
short plant occupation, which occurred when management announced plans 
for a mass layoff. In addition, trade union elections were held during 
the year for representatives to the workers council's safety and health 
committees. The International Labor Organization has complained that 
the absence of specific criteria for the selection of employer and 
trade union representatives to the National Labor Council left broad 
discretionary power to the Government. There are no export processing 
zones.

    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.--The 
minimum age of employment for children was 15. Youths between the ages 
of 15 and 18 could participate in part-time work/study programs and 
work full-time during school vacations. The labor courts effectively 
monitored compliance with national laws and standards. There were no 
industries where any significant child labor existed.

    e. Acceptable Conditions of Work.--The monthly national minimum 
wage for workers over 21 years of age was approximately $1,678 (1,243 
euros); 18-year-olds must be paid at least 82 percent of the minimum, 
19-year-olds 88 percent, and 20-year-olds 94 percent of the minimum. 
The national minimum wage, coupled with extensive social benefits, 
provided a decent standard of living for a worker and family.
    As of January 2003, the standard workweek could not exceed 38 
hours. Many collective bargaining agreements (negotiated by sector) set 
standard workweeks of fewer hours and prohibited work on Sundays. The 
law requires overtime pay for hours worked in excess of the standard. 
Work done from the 9th to the 11th hour per day or from the 39th to 
50th hour per week are considered allowable overtime. Longer workdays 
are permitted only if agreed in a collective bargaining agreement. The 
Ministry of Labor and the labor courts effectively enforced these laws 
and regulations.
    There are comprehensive provisions in the law for worker safety. In 
some cases, collective bargaining agreements supplemented these laws. 
Workers have the right to remove themselves from situations that 
endanger their safety or health without jeopardy to their continued 
employment, and the law protects workers who file complaints about such 
situations.

                               __________

                         BOSNIA AND HERZEGOVINA

    The 1995 General Framework Agreement for Peace in Bosnia and 
Herzegovina (the Dayton Accords) created the independent state of 
Bosnia and Herzegovina (BiH), previously one of the constituent 
republics of Yugoslavia. The Agreement also created two multiethnic 
constituent entities within the state: The Federation of Bosnia and 
Herzegovina (the Federation) and the Republika Srpska (RS), along with 
the independent District of Brcko. The Federation has a postwar Bosnian 
Muslim (Bosniak) and Croat majority, while the RS has a postwar Bosnian 
Serb majority. The Constitution (Annex 4 of the Dayton Accords) 
established a federal democratic republic and assigned many 
governmental functions to the two entities, which have their own 
governments. The Accords also provided for the Office of the High 
Representative (OHR) to oversee implementation of civilian provisions. 
The OHR has the power to impose legislation and remove officials who 
obstruct the implementation of the Dayton Accords. Candidates of the 
three main nationalist parties, the Bosniak Party for Democratic Action 
(SDA), the Serb Democratic Party (SDS), and the Croatian Democratic 
Union (HDZ), won seats to the tripartite BiH Joint Presidency in 
elections in 2002 that were regarded as generally free and fair; 
Bosnian Croat Dragan Covic, Bosnian Serb Borislav Paravac, and Bosniak 
Sulejman Tihic make up the BiH Presidency. In the Federation, the 
President, Niko Lozancic, appointed the Prime Minister, Ahmet 
Hadzipasic, subject to parliamentary approval. In the RS, the 
President, Dragan Cavic, and vice presidents were directly elected, 
while the RS National Assembly selected Prime Minister Dragan 
Mikerevic. On December 17, Mikerevic resigned from his post in reaction 
to international community-sponsored sanctions against the RS for its 
failure to arrest indicted war criminals, notably wartime Bosnian Serb 
leaders Ratko Mladic and Radovan Karadzic. The RS National Assembly had 
not approved a new prime minister-designate by year's end. The law 
provides for an independent judiciary; however, it remained subject to 
influence by nationalist elements, political parties, and the executive 
branch.
    The Constitution gives the Government of each entity responsibility 
for law enforcement. The Stabilization Force (SFOR), led by NATO, 
continued to implement the military aspects of the Dayton Accords and 
to provide a secure environment for implementation of the nonmilitary 
aspects of the settlement. On December 2, SFOR transferred the 
stabilization mandate to a European-led force (EUFOR). NATO 
headquarters in Sarajevo retained responsibility for overseeing defense 
reform, counter-terrorism efforts and cooperation with the U.N. 
International Tribunal for the Former Yugoslavia (ICTY). The smaller 
European Union Police Mission (EUPM) succeeded the U.N. International 
Police Task Force (IPTF). EUPM's mission is to monitor, mentor, 
inspect, and raise standards of the local police. In addition to 
locally recruited police forces, the entities maintained separate 
armies. The armies are under state-level Presidential authority. Entity 
governments generally maintained control of security forces. Some 
members of the police and security forces in both entities committed a 
number of human rights abuses.
    The economy remained in the early stages of transition to a market 
economy, and a large percentage of the economy remained in the public 
sector. The country, with a population of approximately 4.1 million, 
had significant levels of both industrial and agricultural production. 
The projected economic growth rate for the year was 5 percent. Wages 
and benefits were not diminished by inflation, since the country had an 
inflation rate of less than 1 percent during the year. Although 
statistics varied, unemployment was estimated at 40 percent.
    The Government's human rights record remained poor; although there 
were some improvements in a few areas, serious problems remained. 
Police continued to abuse and physically mistreat detainees and other 
citizens; however, police accountability for individual abuses 
improved. Overcrowding and antiquated facilities continued to be a 
problem in prisons. The judiciary in both entities remained subject to 
influence by dominant political parties and by the executive branch. 
Enforcement of judicial decisions by local authorities improved during 
the year; however, obstacles remained due to lack of administrative 
capacity in the enforcement courts to handle this caseload. 
Infringement of privacy rights occurred and was particularly targeted 
towards minority returnees.
    Pressure and harassment of the media by authorities and dominant 
political parties continued. Incidents included bureaucratic 
harassment, intimidation, published insults, and character attacks, and 
threatening behavior; however, threats of violence diminished. Academic 
freedom was constrained by ethnic favoritism and politicization of 
faculty appointments. Both entities Governments' and private groups 
continued to restrict religious practice by minorities in majority 
areas; religious discrimination remained a problem. Although there were 
some restrictions on freedom of movement, the situation continued to 
improve. The rate of returns of refugees and displaced persons declined 
during the year. The security situation in sensitive return areas and 
police responsiveness to incidents targeting minority returnees did not 
improve. The RS continued its de facto refusal to take action against 
any Serbs indicted by the ICTY; the Federation generally cooperated 
with the ICTY, although it did not facilitate any new transfers. 
Noncompliance with ICTY obligations continued to undermine the rule of 
law in the country.
    Isolated instances of political, ethnic, or religious violence 
continued. Discrimination against ethnic minorities continued. The 
political leadership at all levels continued to obstruct minority 
returns in certain localities. Trafficking in women and girls was a 
serious problem, which the Government took considerable steps to 
address.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Arbitrary or Unlawful Deprivation of Life.--There were no 
reports of the arbitrary or unlawful deprivation of life committed by 
the Government or its agents.
    The investigation into the 2002 killing of Zeljko Markovic, Police 
Chief of Serb Sarajevo, was ongoing at year's end and police still had 
not identified the perpetrator.
    On January 15, the Federation Supreme Court upheld the Cantonal 
Court's 2003 acquittal of six defendants charged in the 1999 bombing 
that killed former Federation Deputy Interior Minister Jozo Leutar.
    Domestic courts and the ICTY continued to adjudicate cases arising 
from crimes committed during the 1991-95 conflicts (see Sections 1.e. 
and 4).
    During the year, 16 persons were killed in landmine incidents and 
27 were injured. The BiH Mine Action Center cleared 1,658 square miles 
of mined territory during the year; 3,016 anti-personnel mines, 210 
anti-tank mines, and 1,523 pieces of unexploded ordinance were found 
and destroyed.

    b. Disappearance.--There were no reports of politically motivated 
disappearances.
    An estimated 15,000 to 20,000 persons remained missing from the 
wars in 1991-95. During the year, the Federation Commission for Missing 
Persons and RS Office for Detained and Missing Persons carried out 454 
exhumations of mass or illicit gravesites with the technical forensic 
support of the International Commission on Missing Persons (ICMP). The 
exhumations recovered 997 sets of human remains and 767 partial 
remains. In August, officials uncovered one of the largest gravesites, 
containing 240 complete bodies and 209 partial remains believed to be 
those of Bosniak victims of the notorious Omarska prison camp operated 
by Serb militia in the summer of 1992.
    In October, the new State Law on Missing Persons created the 
national Missing Persons Institute (MPI); however, it was not fully 
functional by year's end. The Institute was tasked with absorbing the 
entity-level missing persons commissions and continuing the search for 
missing persons of all ethnic groups in partnership with the ICMP. The 
law also established a statewide central database on the missing and 
provides for social benefits to families of missing persons.
    During the year, ICMP's DNA laboratory generated 2,588 matches that 
may lead to the identification of 1,754 individuals. ICMP also 
collected 18,428 blood samples from surviving relatives to assist in 
the future identification of the 7,789 missing persons represented by 
these samples.
    The International Committee of the Red Cross (ICRC) reported that, 
since 1995, it had received requests from family members to trace 
21,415 persons missing from the war years. By December 31, a total of 
5,590 persons had been accounted for (400 of whom were found alive). 
The ICRC chairs the Working Group on Persons Unaccounted For, which 
encompasses participants or observers involved in tracing missing 
persons. The ICRC and the Red Cross Society of BiH also initiated a 
countrywide campaign to gather ante mortem data on missing persons, 
which was available to aid in the identification of remains.
    The RS government established an independent Srebrenica Commission 
in order to comply with March 2003 Human Rights Chamber decision which 
ordered the RS Government to inform families of the fate of their 
missing relatives from the Srebrenica massacre and to investigate 
thoroughly the events giving rise to the massacre and report on the 
results of the investigation. The Commission issued an interim report 
in June, in which RS authorities took responsibility for the massacre 
for the first time. On November 15, the Commission released the final 
portion of its report. The Commission found that there were 7,806 
confirmed victims. A classified annex of documents implicating an 
unknown number of war crimes suspects was turned over to the RS 
authorities for investigation. Former RS Prime Minister Mikerevic and 
RS President Cavic acknowledged publicly for the first time that large-
scale war crimes took place in Srebrenica and apologized to the 
relatives of the victims on behalf of the RS government. The families' 
associations reiterated their desire to see the perpetrators of the 
massacre brought to justice as soon as possible.
    By year's end, 1,438 victims of the Srebrenica massacre had been 
buried; 1,304 of them were interred at the Srebrenica-Potocari Memorial 
and Cemetery.

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The Constitution prohibits such practices; however, 
physical mistreatment of prisoners by police still occurred. According 
to the EUPM and the RS and Federation Professional Standards Units 
(PSUs), the number of complaints against police officers remained at 
approximately the same level during the year as in 2003. Investigations 
and accountability into police misconduct improved during the year (see 
Section 1.d.).
    Reports of violence against minority communities continued in 
several areas, particularly in the eastern RS and Herzegovina; however, 
police investigation of these incidents and police protection in 
general remained at the same level as in 2003 (see Sections 2.d. and 
5).
    There continued to be numerous violent incidents directed at 
returning refugees (see Sections 2.d. and 5). Violence against 
journalists, including physical assaults, continued (see Section 2.a.).
    Prison standards for hygiene and access to medical care met 
prisoners' basic needs; however, overcrowding and antiquated facilities 
remained chronic problems. Conditions were worse in police detention 
facilities, where overcrowding and inadequate food and hygiene were 
chronic problems. Corruption among prison officials continued to be 
problematic. Unlike in previous years, there were no reports of prison 
riots; however, there were some incidents of ethnically motivated 
violence in prisons. There were no separate prisons for female or 
juvenile inmates. Adult and juvenile female inmates were held together 
in separate wings of facilities for adult males. Male inmates under 16 
were held separately, while male juveniles aged 16 to 18 were housed 
with adult male inmates. Pretrial detainees were held separately from 
convicted criminals. Some prisoners were regularly granted weekend 
furloughs to visit their families.
    The Government permitted visits by independent human rights 
observers; international community representatives were given 
widespread and generally unhindered access to detention facilities and 
prisoners in both entities as well.

    d. Arbitrary Arrest or Detention.--The Constitutions of both the 
entities and the country prohibit arbitrary arrest and detention, and 
the Government generally observed these prohibitions.
    Both the Federation and the RS maintain their own police forces, as 
does the District of Brcko, and there are three primary levels of law 
enforcement in the country: The state-level BiH Ministry of Security 
(MOS), which does not maintain a police force but is supported by the 
State Investigation and Protection Agency (SIPA) and the State Border 
Service; the Federation Ministry of Interior (FMUP); and the RS 
Ministry of Interior (RSMUP). The RSMUP has a centralized structure 
with five public safety centers (PSCs) throughout the RS that report 
directly to the RSMUP. The structure of the FMUP is not centralized; 
each of the 10 cantons has its own cantonal ministry of interior that 
functions autonomously from the FMUP. Neither the FMUP nor the RSMUP 
are required to report to the MOS. Although they share information, 
these structures function quasi-independently of one another because 
each structure has jurisdiction over different offenses. For example, 
the MOS has responsibility for state-level crimes, such as terrorism 
and trafficking in persons, where the RSMUP and FMUP have 
responsibility for local crimes like homicide.
    On June 15, the State Parliament passed the Law on the State 
Investigation and Protection Agency, giving SIPA executive authority to 
investigate serious crimes, including terrorism, trafficking, 
narcotics, organized crime, war crimes, and money laundering. By year's 
end, SIPA had hired 281 of its projected 800 employees.
    Police in the RS generally did not meet target standards of ethnic 
representation, as mandated by various agreements; however, the number 
of minority police officers in each entity police force increased 
slightly.
    The EUPM acted in an advisory capacity to entity police forces, 
with a limited mandate. Professional Standards Units (PSUs) functioned 
as internal affairs investigative units in each of the entity MUPs and 
Brcko District. The presence of these units led to the processing of 
complaints of police misconduct and discipline of police in accordance 
with standard procedures. The FMUP police internal affairs units 
investigated 91 complaints regarding excessive use of force during 
arrest, and found 7 to be grounded. The investigators concluded that 
the amount of force used was appropriate in all cases. There were no 
other reported cases of physical mistreatment of detainees or other 
citizens by police during the year.
    During the year, the RS PSU investigated 951 cases--724 citizen 
complaints, 221 supervisor complaints, and 6 cases treated as others. A 
total of 69 complaints were determined to be well founded; 23 were 
dismissed (4 agreed terminations, 18 statutory limitations and 1 
complaint was dropped). In 57 cases assessed as major violations of 
duty, initiatives for disciplinary procedures were forwarded to 
appropriate prosecutors.
    During the year, the Federation PSU investigated 152 cases, 8 less 
than in 2003. PSU investigators concluded that 67 complaints were well 
founded; 29 were unfounded and 50 were dropped. The 56 cases that were 
deemed to be major violations of duty were forwarded to prosecutors for 
appropriate disciplinary action.
    There were continued reports of corruption at the highest levels. 
Investigations conducted by local police in cooperation with the 
international community, including the EUPM and SFOR, resulted in 
several ministers and police officials being fired or prosecuted (see 
Section 3).
    The Criminal Procedure Code (CPC) specifically delineates the 
manner in which warrants are to be issued and judges, prosecutors, and 
police received training on these procedures. The process of obtaining 
search and arrest warrants became more routine during the year.
    The CPC requires that persons suspected of committing a crime must 
be taken before a prosecutor within 24 hours after detention. This 
requirement was observed in practice. The prosecutor has an additional 
24 hours to determine whether the person should be released or to bring 
the person before a judge to decide if they should remain in pretrial 
custody. Police are also authorized to detain individuals for up to 6 
hours at the scene of a crime for investigative purposes. Detainees are 
allowed to request a lawyer of their own choosing (if they are 
indigent, a lawyer will be provided for them) and to inform family 
members of their detention. In practice, indigent defendants were not 
always provided with lawyers, particularly for minor offenses. There 
was a functioning bail system. There were no reported cases of 
arbitrary arrest or detention during the year.
    An individual in pretrial detention has the right to be informed of 
all charges against him or her once an indictment has been handed down. 
Under the CPC, a trial must be undertaken in a speedy manner and 
normally occurs within 3 months of the indictment being issued. 
However, a substantial backlog of cases from the old system existed in 
all jurisdictions.
    Prior to the enactment of the CPC in 2003, prolonged pretrial 
detention was a problem. However, under the CPC, pretrial detention 
cannot last longer than 1 month after the individual is taken into 
custody. Custody may be extended no longer than 6 months in exceptional 
cases.
    In 2002, the Human Rights Chamber ordered the State and Federation 
Governments to pay compensation to each of the six Algerian terrorism 
suspects who were transferred to a foreign government's custody. By 
year's end, the State Government paid $3,333 (5,000 KM) to the families 
of all six suspects; however, the Federation government did not pay any 
compensation.

    e. Denial of Fair Public Trial.--Both the Federation and RS 
Constitutions provide for an independent judiciary; however, the 
executive branch and political parties exercised some influence over 
the judicial system. The judiciary was not always able to protect the 
rights of victims and defendants. The internationally supervised 
reappointment process of judges and prosecutors was completed to help 
curb the influence of political parties on the judiciary. Some judges 
and prosecutors who showed independence were sometimes subject to 
intimidation, and at times local authorities refused to enforce their 
decisions. Judges and prosecutors were reluctant to pursue actively 
some serious or politically controversial cases in order to avoid 
potential conflict with political leaders or organized crime figures. 
Both the Federation and RS Constitutions provide for open and public 
trials and provide the accused with legal counsel.
    The High Judicial Prosecutorial Councils (HJPC) had the sole 
authority to appoint and discipline judges and prosecutors to all 
courts. The Office of Disciplinary Counsel oversaw complaints against 
judges and prosecutors and recommended punishment or removal as 
necessary.
    Some politicians and other powerful figures continued to exert 
influence on cases. Judicial reform efforts have somewhat reduced the 
impact of intimidation efforts by organized crime figures and political 
leaders. Despite efforts to streamline court procedures, a large 
backlog of unresolved cases remained a problem.
    Enforcement of civil judgments remained weak; however, there was 
sufficient cooperation from local officials and police in implementing 
court decisions. Enforcement problems persisted due to organizational 
inefficiency and a large backlog in the enforcement courts. Decisions 
of the Constitutional Court were generally respected and implemented in 
practice.
    Since April, when restructuring of courts and prosecution agencies 
in the entities was completed, judicial and prosecutorial posts have 
been filled by open competition.
    The State-level Court is the highest court in the country. The 
court and prosecutor's office are responsible for investigating and 
prosecuting crimes enumerated under the Criminal Code in accordance 
with the CPC. Both entities have separate Supreme Courts and 
Prosecutor's offices, as well as cantonal courts in the Federation, 
district courts in the RS, and the municipal courts, which are the 
lowest courts in both entities.
    Trials are public and the defendant has the right to present his 
own defense or to defend himself with the professional aid of an 
attorney of his choice. If the suspect or accused does not have a 
defense attorney, the CPC stipulates that an attorney shall be provided 
if the accused is charged with a crime for which long-term imprisonment 
is prescribed. The CPC and Criminal Code provide the defendant with the 
right to confront or question the witnesses and to present witnesses 
and evidence on his behalf. All defendants have the right to appeal. 
Due to limited court budgets, defense attorneys were not always 
appointed for indigent defendants in cases where the maximum possible 
sentence was less than 10 years.
    Implementation of decisions of the Human Rights Chamber, and its 
successor institution, the Human Rights Commission of the 
Constitutional Court, by local authorities improved somewhat in the RS; 
however, both the Federation and the RS failed to comply with a number 
of Chamber decisions, especially decisions regarding welfare 
compensation and return of real property to lawful prewar owners.
    In general, the judicial system as a whole remained unprepared to 
prosecute war crimes cases domestically; however, the creation of the 
Special Chamber for War Crimes in November significantly improved its 
ability to prosecute and adjudicate war crimes at the state level. The 
legal framework establishing the Special Chamber and changes to the CPC 
and Criminal Code necessary to try war crimes in the country were also 
adopted in November.
    The local prosecution of war crimes cases proceeded slowly due to 
political interference and lack of experience; however, authorities 
made some progress during the year with the arrest and trial of 
suspects in the domestic courts. The lack of witness protection also 
hampered prosecution of organized crime and trafficking in persons.
    In January 2003, the Banja Luka District Court Prosecutor issued an 
indictment against 11 Prijedor police officers who had detained members 
of the Matanovic family. In 2001, police discovered the bodies of 
Catholic priest Tomislav Matanovic and his parents, who disappeared 
from Prijedor in 1995, in the well of their family residence in 
Rizvanovici. The ICTY approved the transfer of this case to the 
domestic judicial system. After a number of procedural delays, the RS 
Supreme Court ultimately rejected all the defendants' objections in 
October and remanded the case to the RS District Court. RS Prosecutor 
Branka Milosevic claims that the slow progress in the case was 
attributable to the large number of witnesses and the fact that the 
procedure was being conducted in accordance with the old CPC. At year's 
end, the trial continued in Banja Luka District Court.
    There were no reports of political prisoners.
    The mandate of the Commission for Real Property Claims (CRPC), an 
institution created by Annex VII to process claims for property 
wrongfully taken during the 1992-95 war, ended in 2003. The CRPC was 
unable to resolve approximately 50,000 private property claims because 
they involved conflicting documentary evidence and required a hearing, 
which was beyond the CRPC's mandate. Municipal housing authorities 
subsequently decided most of these cases, although an estimated 1,300 
cases remained unresolved by year's end. These cases were transferred 
to municipal authorities for adjudication in December. The necessary 
memorandum of understanding (MOU) for the transfer of responsibilities 
to the domestic CRPC (DCRPC) was signed in May, 5 months after the end 
of the CRPC's mandate. The DCRPC Commissioners began reviewing cases in 
mid-October.
    The Government had almost completed the implementation of property 
law, which requires that all property that was wrongfully taken during 
the recent war be returned to its rightful owners. By year's end, the 
overall property law implementation rate was 92.95 percent, and 128 out 
of 129 municipalities had completed their caseload of claims. The 
Federation, the RS and Brcko District returned between 92.8 and 96.1 
percent of the property. In an additional 6 percent of cases, municipal 
authorities ruled against the claimant, so no repossession took place. 
At year's end, Banja Luka was the last municipality still processing 
claims.
    During the year, the Human Rights Commission of the Constitutional 
Court issued 49 decisions on the merits, including cases regarding 
violations of property rights, employment discrimination and procedural 
violations of the CPC.
    During 1998, the Federation army unlawfully took control of 
approximately 4,000 abandoned apartments owned by the former Yugoslav 
military (JNA). Federation authorities encouraged postwar illegal 
occupants of these apartments to purchase them. In the meantime, the 
prewar owners of the apartments (former JNA officers, mostly Bosnian 
Serbs) began filing claims to return to their property. After 
inadequate action by local authorities, several of these cases were 
brought before the Human Rights Chamber, which decided that apartments 
owned by JNA officers should be returned. Federation authorities 
continued to refuse to evict the current residents or to allow prewar 
owners to regain possession, in violation of the Dayton rules for 
property implementation. The Constitutional Court ruled in September 
that the Federation's legislation that prohibits ownership of property 
in the Federation by anyone who served in the JNA after May 19, 1992 
(effectively disenfranchising all Bosnian Serbs with claims to these 
properties) is constitutional. Because most claimants to these 
apartments have been allocated apartments elsewhere (mostly in Serbia), 
the Court held that the Federation has the right to uphold the legal 
principle applied in the former Yugoslavia, which holds that citizens 
cannot have tenancy rights to more than one apartment at the same time. 
The MOU authorizing the transfer of responsibilities to the DCRPC 
specifies that the appeals shall be decided in accordance with 
international law except where it conflicts with Bosnian law. The 
Constitutional Court's decision suggests that the DCRPC will have to 
rule in favor of the current occupants of the JNA apartments, a 
position inconsistent with international legal principles; however, 
until the DCRPC rules on these cases, the situation remains unresolved.
    The Constitutional Court received 1,150 new cases during the year 
and processed all but 1 of the 7,065 old cases filed between 1999 and 
2003. By year's end, the Court had approximately 840 cases still 
pending. Enforcement of Constitutional Court decisions improved 
significantly during the year; the relevant government authorities 
enforced the Court's orders in all but five cases during the year.
    Roma displaced from their property during the war had difficulty 
repossessing their property because of discrimination and lack of 
adequate information on the necessary procedures (see Section 5). In 
many cases, Roma families also lacked documents proving ownership or 
had never registered their property with local authorities. This lack 
of documentation prevented them from applying for reconstruction 
assistance. The legal status of informal Roma settlements also remained 
unresolved.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The Constitution prohibits such actions, and the 
Government generally respected these prohibitions in practice; however, 
authorities in some areas infringed on citizens' privacy rights.
    In the RS, police routinely conducted searches of private homes 
without obtaining search warrants, citing emergency provisions in the 
law even in routine cases. While this problem was not as common in the 
Federation, it occasionally occurred.
    There were forced evictions that required police involvement in 
during the year, especially in Banja Luka municipality; however, the 
overall number of forced evictions was less than in previous years. 
Police and local authorities generally understood that property laws 
needed to be implemented in a prompt and fair manner. In some 
politically sensitive cases, police delayed their intervention in order 
to avoid conflict. For example, in Banja Luka, police gave members of 
an extremist organization of Croatian Serbs additional time to move out 
of the apartments they had been illegally occupying, but ultimately 
carried out a number of forcible evictions during the year.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The Constitution provides for 
freedom of speech and of the press; however, the Government has not 
always respected these rights in practice. Laws safeguarding freedom of 
the press were delegated to the cantons in the Federation, and to the 
central authorities in the RS.
    The constitutional right to freedom of speech is generally 
respected in practice. Individuals can criticize the Government without 
fear of reprisal and frequently did so.
    There were some restraints of freedom of the press and instances of 
open threats from government officials still occurred. Unlike in 
previous years, media outlets were more commonly subject to less overt 
pressure, such as the loss of advertising opportunities and limitations 
on access to official information.
    The RS adopted the Defamation Law in 2001 and the Federation 
adopted it in 2002. The Defamation Law prohibits criminal cases against 
journalists for defamation, although they can still be sued in civil 
court. The Defamation Law meets international standards for media 
legislation; however, courts did not always have sufficient experience 
and training to interpret the Defamation Law correctly.
    Many independent, privately owned newspapers were available. 
Several printing houses operated, precluding the formation of a 
publishing monopoly. Dnevni Avaz, whose editorial policy strongly 
reflects Bosniak interests, remained the largest circulation daily. In 
the RS, the influence of the government-owned printing company and 
newspaper, Glas Srpski, has declined from a near monopoly. The 
independent, Banja Luka-based newspaper, Nezavisne Novine, ran its own 
print shop, which provided printing facilities to other newspapers as 
well.
    The largest television broadcasters were Federation Television 
(FTV) in the Federation and Radio Television of Republika Srpska (RTRS) 
in the RS, both entity-level Public Broadcasting System (PBS) stations. 
In August, Bosnia and Herzegovina Television launched its program for 
the entire country. In addition to a local commercial network of five 
stations in both entities (Mreza Plus), there were dozens of small 
independent television stations located throughout the country. Radio 
broadcasting in the Bosniak-majority areas of the Federation, 
particularly in Sarajevo, Zenica, and Tuzla, was similarly diversified. 
Opposition viewpoints were fully reflected in the news programs of 
independent broadcasters. Independent or opposition radio stations 
broadcast in the RS, particularly in Banja Luka. One of these, Nes 
Radio, reported a wide variety of political opinions. During the year, 
many radio stations broadcasting in Croat-majority areas distanced 
themselves from hard-line nationalistic views and covered opposition 
viewpoints.
    Politicians and government officials also pressured the media by 
accusing them of opposing the interests of a given ethnic group, or 
betraying the interests of their own ethnic group. Given the communal 
tensions in the country, these accusations are used as a form of 
intimidation. During the year, members of leading nationalist parties 
(SDA and HDZ) accused FTV of being both anti-Bosniak and anti-Croat. In 
addition, a popular talk show host was accused of working against 
Bosniaks and his family fell victim to verbal harassment several times 
during the year (see Section 2.c.).
    According to independent media analysts, BiH media outlets 
supported or criticized political parties and policies by choice rather 
than under coercion. Nevertheless, government officials, particularly 
in the RS, occasionally exerted economic pressure by directing the 
advertising business of government-owned companies away from media 
critical of officials or official policies.
    In August, the RS Police Director publicly labeled the journalists 
of RTRS and Nezavisne Novine as members of ``a group dedicated to 
discrediting him'' and ``a dangerous lobby and domestic enemy.'' The 
BiH Coordinating Committee for Journalist Associations (CCJA) strongly 
condemned the police director's behavior and demanded his resignation. 
The police director ultimately resigned, but for reasons unrelated to 
the CCJA's statement.
    During the September pre-election campaign in the RS, one of the 
candidates for mayor of Banja Luka publicly accused editors of several 
independent and public media outlets in this entity of being financed 
and influenced by foreign countries. The candidates alleged that a 
Banja Luka-based independent newspaper was a branch of the CIA in the 
RS, and that the director of public broadcasting was appointed by the 
international community to destroy the RS.
    The CCJA immediately reacted to these allegations, labeling them a 
``call to lynch journalists,'' and making a formal complaint to the 
Election Commission of BiH. The Banja Luka representative of the CCJA 
said that the journalist in question did not plan to bring a lawsuit 
against this candidate. As a result of the complaint, the Election 
Commission revoked his candidacy and fined his party approximately 
$7,000 (10,500 KM) (see Section 3).
    Another ``lynching call'' occurred in October, when unknown persons 
put up posters with a photograph of the owner of a Sarajevo-based 
independent political magazine, along with his email address and the 
address of the magazine. These posters claimed the owner slandered the 
head of the Islamic community in the country by characterizing him as 
immoral, and called on all those disturbed by this to contact the 
owner. According to the magazine, this was the first time in the 
history of independent Bosnian journalism that a public ``warrant'' was 
issued against a journalist.
    Independent media investigating ordinary and organized crime 
received several anonymous threats after publishing stories. A 
journalist investigating a murder in Sarajevo was verbally attacked in 
the street, while another editor received a cell-phone text message 
that he would be killed after a suspected criminal, mentioned in the 
editor's newspaper, was released from prison. In July, another editor 
approached a foreign Embassy with a similar concern. He had been 
warned, after publishing a story on local crime, that the criminals 
might target him.
    In February in the RS, the editor-in-chief of Nezavisne Novine and 
the head of the RS Helsinki Committee for Human Rights received 
anonymous telephonic death threats. This occurred after Nezavisne 
Novine printed a statement by the nongovernmental organization (NGO) 
criticizing the work of the RS Ministry of Interior. The Ministry of 
Interior reacted by issuing a press release, denying any connection 
with the threats.
    On September 6, a Mostar daily published a story by Nevres Dedic 
about Muamer Topalovic's request to leave prison temporarily to visit 
his family. In March 2003, Topalovic was sentenced to 35 years in 
prison for murdering three persons and wounding a fourth in a 
religiously motivated crime. Angered by the story, Topalovic called 
Dedic from prison, demanded a denial and a published apology, and 
threatened to murder the journalist. Dedic informed the police about 
the threat. An investigation was ongoing at year's end.
    Journalists were subject to harassment as a result of a government 
wiretapping scandal. The journalists' phones were not tapped; however, 
doctored transcripts of conversations they held with a minister and 
former BiH President who were under surveillance were published in 
newspapers, resulting in threats to the journalists. The BiH Parliament 
investigated and concluded that the surveillance was unjustified, of 
questionable legality and had resulted in human rights violations. 
Parliament made a series of recommendations to the State Government to 
prevent such abuses in the future.
    During 2003, the Media Helpline was transferred to the CCJA from 
under the auspices of international organizations (OSCE and OHR). 
Beginning March 1, the Committee functioned as a local organization, 
receiving numerous calls from journalists and ordinary citizens from 
all parts of the country. On average, it addressed four to five 
violations of journalist rights per month. The help line maintains a 
web page and published press statements on these violations.
    In March, journalists from FTV Gorazde asked for assistance from 
the Media Help line because of pressure from the station's director by 
restricting their right to report freely and objectively.
    The Public Broadcasting Law (passed in 2002) established the PBS 
with both entity-level broadcasters as components and codified the 
regulatory responsibilities of the state-level Communications 
Regulatory Agency (CRA). Additional legislation is needed to clarify 
ownership of PBS assets, as well as the licensing and regulatory 
relationship between public broadcasters and the CRA.
    The CRA functioned effectively under a locally selected Director, 
and undertook the selection process to fully nationalize the CRA 
Council. In general, the presence of the CRA, and the effectiveness of 
its complaints procedure and enforcement provisions, considerably 
reduced the level of inflammatory and hate language in the electronic 
media. Electronic media operated in a more transparent and properly 
regulated broadcast environment than they had previously.
    Despite these improvements, the CRA's independence continued to be 
hampered by government interference with its budget; however, the CRA 
claimed that there was growing recognition within the Government that 
the CRA's independence should be respected. Access to revenue from 
broadcast license fees was blocked for much of the year in a dispute 
with the Council of Ministers, although this was resolved 
satisfactorily in August.
    Since the adoption of the Defamation Law in 2002, approximately 300 
cases were tried in cantonal and district courts in the Federation and 
RS. This was three times higher than the number of charges brought in 
the 2 years prior to the adoption of the law. Approximately 240 charges 
were brought in Federation courts, 170 of them before Sarajevo's 
cantonal court. In contrast to 2003, when only 3 cases were concluded 
in the Federation, 35 first-degree convictions and 5 second-degree 
convictions were handed down in the first 7 months of the year. In the 
RS, less than 5 of approximately 50 pending cases have been decided, 
leaving a total of about 250 cases undecided.
    Although the incidence of defamation charges remained high in the 
first 3 months of the year, with some 30 cases filed in Sarajevo Canton 
alone, the number filed dropped substantially in the following 3 
months, to less than 20. Public figures, politicians most of all, 
tended to initiate charges. Journalists also frequently accused 
colleagues of defamation.
    The compensation sought by those filing charges continued to be 
very high. However, in the 40 cases where courts reached decisions, 14 
demands were totally rejected, while in most other cases the 
compensation awarded was below $5,000 (7,500 KM).
    The Government did not restrict access to the Internet. However, 
for economic reasons, only about 5 percent of the population had 
Internet access.
    The Government did not restrict academic freedom; however, academic 
freedom was constrained by ethnic favoritism and politicization of 
faculty appointments. In Sarajevo, Serbs and Croats complained that 
members of the Bosniak SDA party and Bosniaks generally received 
special treatment in appointments and promotions at the University of 
Sarajevo. The University of Banja Luka continued to limit faculty 
appointments almost exclusively to Serbs. The University of Mostar 
remained divided into eastern and western branches, reflecting the 
continued ethnic divide in the city.

    b. Freedom of Peaceful Assembly and Association.--The Constitution 
provides for freedom of peaceful assembly, and the Government generally 
respected this right in practice.
    The Constitution provides for freedom of association; however, 
authorities imposed some limits on this right, and indirect pressure 
constrained the activities of some groups. A wide range of social, 
cultural, and political organizations functioned without interference.
    Although political party membership was not forced, many viewed 
membership in the leading party of any given area as the surest way for 
residents to obtain, regain, or keep housing and jobs in the 
government-owned sector of the economy.
    The Law on Associations and Foundations allowed NGOs to register at 
the national level and therefore to operate throughout the country 
without administrative requirements. Some NGOs or associations of NGOs 
experienced difficulties at the Registry Office of the Ministry of 
Civil Affairs and Communications. If the registration requests were 
unusual or complicated, the Registry Office often rejected them without 
explanation, forcing organizations to resubmit their requests.

    c. Freedom of Religion.--The Constitution provides for freedom of 
religion; however, adherents of minority religions in non-ethnically 
mixed areas had their right to worship restricted, sometimes violently. 
The new state-level Law on Religious Freedom, passed in both Houses in 
January, also provides comprehensive rights to religious communities 
and confers upon them a legal status not previously held in the 
country.
    The RS Government, local governments, and police forces frequently 
allowed or encouraged an atmosphere in which abuses of religious 
freedom could take place, although there was improvement from previous 
years. For example, two Islamic burial ceremonies took place at the 
Srebrenica-Potocari Memorial and Cemetery in March and July without 
incident. In late December, all the leading bishops of the Catholic and 
Serb Orthodox Churches appeared at a joint press conference in Sarajevo 
where they emphasized the need for tolerance, reconciliation and 
forgiveness among the members of the two Churches. However, on a daily 
basis, the absence of a police force willing to protect religious 
minorities and a judicial system willing to prosecute crimes against 
them, were major obstacles to safeguarding the rights of religious 
minorities.
    Ethnic symbols, clerics, and religious buildings were often targets 
of ethnically motivated religious violence. Local police did not 
conduct a serious investigation into several incidents.
    In previous years, RS authorities frequently did not intervene to 
prevent the violent obstruction of efforts to rebuild some of the 618 
mosques and 129 churches in the RS that were destroyed or significantly 
damaged during the 1992-95 war. However, approximately 30 mosques have 
been rebuilt and reopened without incident in sensitive return areas, 
such as Srebrenica in the eastern RS. Administrative and financial 
obstacles to rebuilding religious structures continued to impede the 
ability of minorities to worship and constrained their return in many 
areas.
    Under the new state Law on Freedom of Faith and Legal Position of 
Churches and Religious Communities, passed in January, religious 
communities must register with the state MHRR; however, the four major 
established religious communities in the country (Muslim, Serb 
Orthodox, Catholic and Jewish) were not required to re-register. Any 
new religious group can register itself if it can prove it has at least 
300 adult members. Two churches, which existed before the law went into 
effect, applied for re-registration during the year and their 
applications were pending at year's end. There were no new registration 
requests by religious groups during the year.
    Parties dominated by a single ethnic group remained powerful and 
tended to identify themselves closely with the religion associated with 
their predominant ethnic group; however, some political parties were 
multi-ethnic. Some clerics characterized hard-line nationalist 
political sympathies as part of ``true'' religious practice.
    The Constitution provides for proportional representation for each 
of the three major ethnic groups in the Government and military. 
Because of the close identification of ethnicity with religious 
background, this principle of ethnic parity in effect resulted in the 
reservation of certain positions in the Government and military for 
adherents or sympathizers of certain faiths. The military in the RS was 
staffed overwhelmingly by ethnic Serbs and only had Serb Orthodox 
chaplains. The Federation military was composed of both separate 
Bosniak (Muslim) and Croat (Roman Catholic) units, and integrated 
units; Muslim and Catholic chaplains were represented.
    Public schools offered religious education classes, which were 
mandatory for Serbs in the RS and, in theory, optional in other parts 
of the country; however, in practice, they were offered only for 
students of the majority religion in that area, amid pressure on the 
parents to consent that their children attend religious instruction. In 
some cases, children who chose not to attend the religion classes were 
subject to pressure and discrimination from peers and teachers. Public 
schools in Sarajevo offered only Islamic religion classes. In Croat-
majority West Mostar, minority students in practice did not have the 
option to study non-Catholic religions as part of the formal school 
curriculum. Orthodox symbols were present in public schools throughout 
the RS.
    The small Jewish community had approximately 1,000 believers and 
was 1 of the 4 recognized religions under the law. Isolated acts of 
anti-Semitic vandalism were reported. For example, in September, 
several tombstones in the Jewish cemetery in Sarajevo were vandalized. 
Jewish leaders alleged that there was a growing tendency for citizens 
to mix anti-Israeli sentiment with rare acts of anti-Semitism.
    In some communities, local religious figures contributed to 
intolerance and an increase in nationalist feeling through public 
statements and, on occasion, in sermons. For example, in September, 
Cardinal Puljic, the leader of the Catholic Church in the country, 
described some elements of the international community as ``anti-
Catholic'' and said that they would like to see Bosnian Catholics 
immigrate or assimilate. In November, during Ramadan, a Sarajevo-based 
local TV station broadcast the sermon of an imam who belittled the 
religious beliefs of non-Muslims in the country.
    During Easter, the Catholic Church seminary in Sarajevo was stoned. 
In April, unknown perpetrators vandalized a Catholic cemetery in Banja 
Luka.
    On April 13, unknown perpetrators broke into the Travnik Parish 
church in Ovcavero and stole approximately $4000 (6,000 KM).
    In May, Federation authorities ordered the removal of crosses that 
had been illegally constructed on public land in Stolac; however, they 
had not been removed by year's end.
    In September, construction materials on the site where a mosque was 
being rebuilt in Visegrad were destroyed. Also in September, there was 
open conflict between Bosniak returnees and Serbs who had come to 
attend mass in an Orthodox church that was illegally constructed on 
land belonging to a Bosniak returnee.
    In October, gravestones in a Muslim cemetery near Prijedor were 
desecrated. In November, two Bosniak minors from Mostar damaged 
gravestones in the Catholic cemetery in Potoci.
    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, some limits remained in practice.
    The Constitution prohibits forced exile, and the Government did not 
employ it.
    Accurate statistics on internally displaced persons (IDPs) from the 
1992-95 war remained difficult to obtain. According to the UNHCR, 
between the end of the war in 1995 and the end of November, 1,004,564 
persons who left the country had returned. Of these, 447,767 were 
returnees to areas where they represent an ethnic minority. The UNHCR 
registered only 15,470 returns through November, of which 13,561 were 
minority returns. These numbers are substantially lower than in 2003. 
The difficult economic situation in the country remained the most 
significant factor inhibiting returns, with many rural areas 
experiencing unemployment rates in excess of 60 percent. This coincided 
with a marked decrease in available reconstruction assistance. The 
security situation for returnees did not improve during the year, and a 
hostile atmosphere still existed in many areas. Many returnees cited 
the failure to apprehend war criminals as a disincentive to return, as 
they did not want to live in the same communities with persons who 
committed war crimes and who have not been held accountable for them. 
As more time elapsed since the end of the war, many refugees and 
displaced persons were creating permanent lives for themselves away 
from their prewar homes, and only those with few other options 
(including a large number of elderly pensioners) tended to return.
    Additionally, the needs for housing continued to outweigh available 
resources. Municipal administration taxes on documents that are 
necessary for return, such as birth or land certificates, remained 
high. Minority returnees often faced societal violence, employment 
discrimination, lack of access to health care in the place of return, 
and denial of utility services such as electricity, gas, and telephone 
by publicly owned utility companies. All of these problems decreased 
from previous years, yet continued to persist in hard-line areas. On 
December 2, Hrustan Suljic, President of the local Bosniak returnee 
community near the central Bosnian town of Teslic, was killed in front 
of his family home. Adil Osmanovic, the Vice President of the RS, and 
other high-level RS government officials called for an investigation 
that was ongoing at year's end.
    Serbs continued to return in greater numbers to the Federation than 
Croats did to the RS. Croat returns to the RS were low, as only 150 
Croats returned to the entire RS during the year. During the year, 780 
Bosniaks returned to Srebrenica, the site of the July 1995 massacre of 
approximately 8,000 Bosniak men and boys. A total of 117 Bosniaks 
returned to Visegrad and Bosnian Serbs in Visegrad continued to return 
to the Federation, particularly to Sarajevo, Mostar and Konjic.
    In the RS, the Refugee Ministry provided support to Bosniaks and 
Croats returning to the RS and to Bosnian Serbs returning to the 
Federation. The Federation Ministry for Refugees assisted Croats and 
Serbs returning to the Federation and Bosniaks returning to the RS. 
Both entity-level Ministries for Refugees provided limited 
reconstruction assistance to returnees and also committed part of their 
budgets to be implemented through joint projects to be determined by 
the BiH State Commission for Refugees (SCR). In October, the SCR agreed 
that 30 priority municipalities should receive reconstruction 
assistance through the newly established Joint Reconstruction Fund 
(JRF). By year's end, the State Government, the RS Ministry for 
Refugees and Displaced Persons and Brcko District had paid into the 
JRF. However, the Federation Ministry of Refugees and Displaced Persons 
did not make its contribution by the December 31 deadline.
    In January, the MHRR took over responsibility for implementation of 
Annex VII of the Dayton Accords from the international community. Annex 
VII provides for the return of property or adequate compensation to 
lawful prewar owners. The administrative structure necessary to 
implement Annex VII was in place but progress remained slow. For 
example, the State Commission on Returns' ability to make decisions on 
reconstruction and return priorities was hindered by nationalist 
parties, who were unable to reach agreement on many issues. After many 
months of discussions, the SCR compiled a list of 30 priority 
municipalities in need of assistance; however, beneficiaries of this 
assistance were not selected by year's end.
    Some areas of Croat-controlled Herzegovina and some towns in 
eastern RS remained resistant to minority returns. This was most often 
expressed through official obstruction of returnees' access to local 
services (i.e. municipal power and water, education, and health care). 
For example, the government-owned RS electric company was obliged to 
connect residents who live within 50 meters of an existing power line. 
Despite repeated requests, they consistently failed to connect many 
eligible returnee households, especially in the Srebrenica-Bratunac 
area.
    The law provides for the granting of asylum or refugee status to 
persons 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 June, the 
MOS enacted the necessary bylaws for implementation of the asylum law. 
In practice, the Government provided protection against refoulement, 
the return of persons to a country where they feared persecution.
    The Government generally cooperated with the UNHCR and other 
humanitarian organizations in assisting refugees. As a result of the 
conflict in the former Federal Republic of Yugoslavia (FRY) in 1999, 
approximately 6,000 citizens fled FRY and came to the country; half 
came from Kosovo, while the other half came from other parts of FRY. In 
June, the Council of Ministers extended the temporary refugee status of 
Kosovo refugees until June 2005; however, the status of all other 
refugees expired on June 31. Refugees with pending asylum applications, 
regardless of national origin, may remain in the collective centers 
until their cases can be decided. According to the latest UNHCR 
statistics, 635 refugees from Serbia and Montenegro, including refugees 
from Kosovo, remained in 3 collective centers in the country.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The Constitution provides citizens with the right to change their 
government peacefully; however, the use of coercive tactics by some 
nationalist parties precluded full citizen participation without 
intimidation. In October 2002, the country held general elections, 
which were the first since the Dayton Peace Agreement to be 
administered and conducted by state-level authorities. The OSCE judged 
them to be largely in line with international standards; however, 
problems cited by observers included numerous voters unable to find 
their names on voter registers, group voting, and intimidation in a few 
cases. Voter apathy and low turnout were also problems. The nationalist 
SDA and HDZ parties remained powerful, particularly in Bosniak and 
Croat majority areas. The Serb-controlled SDS remained ideologically 
committed to Serb cultural and religious authority in the territory of 
the RS, where it won a significant plurality in the 2002 elections.
    In October, domestic authorities held the first fully-funded and 
locally administered elections throughout the country, including the 
Brcko District, that were judged free and fair by OSCE and 
international observers. The Election Commission removed one candidate 
from contention after he made threatening remarks against journalists 
during his campaign (see Section 2.a.). In some municipalities, 
registered voters were not on voting lists, while some names of 
deceased persons were improperly retained. Voter turnout was low, 
particularly among voters under 30.
    In the Federation, the President appoints the Prime Minister 
subject to approval from the bicameral Parliament. Serious ethnic and 
political rivalries continued to divide Croats and Bosniaks. In the RS, 
the President and Vice Presidents are directly elected, while a Prime 
Minister selected by Parliament heads of the Government. The 
Parliament, called the RS National Assembly, is elected on a 
proportional basis, and the Council of Peoples has the power to review 
laws vital to national interest issues of any of the constituent 
peoples. The Constitution allows Bosniak, Croat, or Serb 
representatives in the RS Council of Peoples to block legislation they 
believe threatens their group's vital national interest. In the city of 
Brcko, which is a ``self-governing neutral district,'' an 
internationally appointed supervisor with executive authority is 
empowered to address such issues as taxation, law enforcement, district 
management, and composition of the district assembly.
    The State Prosecutor questioned one member of the country's 
tripartite Presidency regarding his possible involvement in financial 
crimes when he was serving as Federation Minister of Finance. The 
investigation against him was ongoing at year's end (see Section 1.d.). 
In February, state authorities arrested the local Interpol Deputy 
Director on corruption charges. His trial in State Court was ongoing by 
year's end. The 2003 Law on Civil Service bars citizens from holding 
positions of public responsibility if they have pending criminal 
indictments against them; however, there were no removals of persons 
from office during the year. There was a widespread public perception 
that corruption was common among members of Parliament and other senior 
officials.
    Although the Law on Freedom of Access to Information provides for 
citizen access to government records and complies with international 
standards for this type of legislation, many government agencies 
experienced difficulties in complying with the Law due to lack of 
sufficient staff and financial resources. For example, some agencies 
have not yet prepared the required registry of documents available and 
guidelines for access to them. According to the law, the Government 
must provide an explanation for any denial of access. Citizens may 
appeal denials in the court system or to the Ombudsmen's offices. There 
are no fees associated with access requests, although requestors must 
pay photocopying costs for documents longer than 10 pages. Public 
awareness of the law's provisions (except among journalists) remained 
low.
    The Election Law requires that at least 30 percent of political 
party candidates be women. These provisions increased the number of 
female representatives from 2 percent at the state and entity level and 
5 percent on the municipal level in 1996 to approximately 25 percent of 
all elected positions after the October municipal elections. There were 
7 women in the 42-seat House of Representatives (lower house). Of 15 
delegates to the state House of Peoples (upper house), all of which 
were appointed by entity legislatures, none were women. In the 
Federation legislature, there were 21 women in the 98-seat House of 
Representatives. In the RS, there were 15 women in the 83-seat National 
Assembly.
    Under the Dayton Agreement, only constituent persons--Serbs, 
Croats, and Bosniaks--are eligible to be selected for government 
positions. There was only one minority in a high government position: 
Jacob Finci, a Jewish man who was the Director of the Civil Service 
Agency. While other minorities can hold these offices, the law does not 
compel their appointment and therefore they remained underrepresented.
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. Domestic NGOs 
have become more active. For example, the Helsinki Committee of BiH was 
active in monitoring the local elections and drawing attention to hate 
speech by candidates and religious leaders during the pre-election 
campaign.
    While NGOs enjoyed relative freedom to investigate human rights 
abuses, they rarely were successful in persuading the authorities to 
respond to their recommendations. NGOs' interventions were often met 
with delays or categorical refusal by government authorities.
    The Government cooperated fully with international organizations 
such as the OHR, which has special powers over the Government as well 
as other international organizations such as the UNHCR, ICRC, OSCE, and 
ICMP.
    Although the RS National Assembly passed a law on cooperation with 
the ICTY in 2001, the RS made no effort to arrest indictees. In the 
eastern RS, Foca and Pale remained under sanctions for their 
noncooperation with the ICTY. The two most wanted Bosnian war crimes 
suspects, wartime commander of the RS Army Mladic and wartime RS 
President Karadzic, remained at large.
    Many, if not most, of the perpetrators of killings and other brutal 
acts committed in previous years remained unpunished, including war 
criminals indicted by the ICTY, persons responsible for the 
approximately 8,000 killed by the Bosnian Serb Army after the fall of 
Srebrenica, and those responsible for approximately 15,000 to 20,000 
others still missing and presumed killed as a result of ``ethnic 
cleansing'' in the country (see Section 1.b.).
    During the year, police transferred 10 persons indicted for war 
crimes to the ITCY for prosecution. In addition to the ICTY, 21 arrest 
warrants were issued against accused persons who remained at large, and 
37 accused persons were transferred and released following the 
completion of legal proceedings. Also, eight Bosnian Serbs were 
arrested in October for war crimes against Muslims and were transferred 
in November from the RS to Sarajevo Cantonal Court where they await 
prosecution. The ICTY held 52 accused in custody, while 11 accused have 
been provisionally released.
    The case in the ICTY against Slobodan Milosevic, the former 
President of Serbia and Montenegro (FRY) who was charged with 66 counts 
of crimes against humanity in Croatia and Kosovo and genocide in Bosnia 
and Herzegovina, remained ongoing at year's end. In February, the ICTY 
rendered decisions against Bosnian Serbs Miroslav Deronjic and Ranko 
Cesic for war crimes committed in 1992 at the Luka prison camp near 
Brcko. Deronjic was sentenced to 10 years in prison and Cesic to 18 
years. Also in February, the ICTY also began the trial of Momcilo 
Krajisnik, a senior military official in the wartime Bosnian Serb army. 
He was charged with two counts of genocide and five counts of crimes 
against humanity. His trial was ongoing at year's end. In July, the 
ICTY concluded its case against Bosnian Muslim Generals Enver 
Hadzihasanovic and Amir Kubura, both charged with war crimes against 
Bosnian Serbs and Croats in Central Bosnia in 1993-94. At year's end, 
the two were awaiting sentencing in The Hague. The war crimes trial of 
Naser Oric, Commander of the Bosnian Army in the Srebrenica area, began 
in October and was ongoing at year's end.
    The Constitutional Court handles all human rights cases filed after 
January 1. The backlog of the Human Rights Chamber, whose mandate ended 
in December 2003, was transferred to the Constitutional Court in 
January. The Human Rights Commission (HRC), consisting of five judges 
from the Human Rights Chamber, was appointed to address this backlog. 
By year's end, the HRC had resolved 3,235 of the 8,807 cases it 
received. Of the 5,572 cases transferred to the HRC, approximately 
2,500 were cases seeking the return of foreign currency accounts 
stemming from a series of bank failures in the immediate post-war 
period.
    The country has nine Human Rights Ombudsmen, three at the state 
level, and three each representing the Federation, the RS and Brcko. In 
January, three citizens replaced the international Ombudsman at the 
state level. Of the three Ombudsmen institutions, the Federation 
Ombudsmen were the most active during the year. The Federation and RS 
Ombudsmen investigated citizens' complaints of human rights violations 
and issued recommendations. The Government rarely implemented their 
recommendations, especially in employment discrimination cases. 
Cooperation between the entity Ombudsmen and the State Ombudsmen was 
not well established. Citizens' remedies for human rights violations 
included filing civil suits or seeking assistance from the Ombudsmen. 
However, the Ombudsmen's recommendations were not followed in many 
cases, and the civil court system had major backlogs.
    The Federation, RS and State Parliaments had Human Rights 
Committees and Committees for Gender Equality. Although their reports 
and recommendations were considered to be independent and unbiased, 
they were ignored in practice at all levels of government.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The Constitution and the entities' Constitutions broadly prohibit 
discrimination in accordance with the principles of international law; 
however, discrimination against minorities, women, gays and lesbians, 
persons with disabilities and others was pervasive.

    Women.--Violence against women, including spousal abuse and rape, 
remained a widespread and underreported problem. The Helsinki Committee 
for Human Rights in the country estimated in 2003 that 25 percent of 
all families have experienced some form of domestic violence. Based on 
local surveys, other local NGOs reported incidence of domestic violence 
of up to 60 percent. Prevalence was generally higher in rural areas, 
and appeared to have increased during the year due in part to the 
worsening economic situation in many parts of the country. In a study 
conducted by one local NGO, respondents cited alcoholism and poverty as 
the two most common triggers for domestic violence against women and 
children. Spousal rape and spousal abuse also are illegal in the 
Federation and the RS; however, domestic violence usually was not 
reported to the authorities. A sense of shame reportedly prevented some 
victims of rape from coming forward to complain to authorities. There 
was an increased police presence in the field, and NGOs working on 
women's issues were active and appealed to the Government and to the 
public numerous times to raise public awareness of the issue.
    Police received specialized training to handle cases of domestic 
violence. Several local NGOs operated the S.O.S. Phone Service, a 24-
hour hotline open to victims of domestic violence for assistance and 
counseling. There were five shelters that provided assistance to women 
and children who were victims of domestic violence, located in Mostar, 
Tuzla, Banja Luka, Sarajevo and Modrica.
    Trafficking in women for purposes of sexual exploitation was a 
serious problem (see Section 5, Trafficking).
    Prostitution is illegal. Pimping is considered a major crime, but 
working as a prostitute or solicitation are minor offenses punishable 
by a fine only. Police raids on bars and brothels have driven 
prostitution underground and it frequently took place in private 
apartments or on an incall and outcall basis. More local women were 
working as prostitutes, and single mothers or other vulnerable women, 
particularly from economically depressed rural areas, were at higher 
risk for recruitment by pimps during the year. NGOs who work on women's 
rights issues oppose the legalization of prostitution, which was 
proposed by some politicians but never approved in Parliament.
    The law does not prohibit sexual harassment and the media reported 
that sexual harassment was a very serious problem that was poorly 
understood by the general population. There are no accurate statistics 
available on the incidence of sexual harassment, but many women 
surveyed by NGOs reported experiencing events in their workplaces that 
meet the definitions of sexual harassment. Victims of sexual harassment 
almost never filed complaints, largely because they did not recognize 
their experiences as sexual harassment, often considering them a normal 
part of employment for women.
    Discrimination against women remained a serious problem. The 2003 
state Law on Gender Equality prohibited gender-based discrimination. In 
April, the State Government decided to establish a state-level Agency 
for Gender Equality; however, it was not functioning by year's end. 
Women served as judges, doctors, and professors, although few women 
held positions of real economic or political power. Women have been 
discriminated against in the workplace in favor of demobilized 
soldiers. A small but increasing number of gender-related 
discrimination cases were documented. Anecdotal accounts indicated that 
women and men generally received equal pay for equal work at 
government-owned enterprises but not always at private businesses. 
Women in all parts of the country encountered problems with regard to 
the nonpayment of maternity leave allowances and the unwarranted 
dismissal of pregnant women and new mothers. Many job announcements 
openly advertised discriminatory criteria such as age (typically under 
35) and physical appearance of female applicants.
    Women remained underrepresented in law enforcement agencies, 
although progress continued. According to guidelines for accreditation, 
police forces should allocate 10 percent of their positions for 
qualified female candidates. Most units had about 4 percent, although 
some had as many as 20 percent. Overall, the FMUP had 8.5 percent women 
police officers and the RSMUP had 19.5 percent women police officers, 
mostly in administrative positions. Among the authorized police 
officials and crime police in the RS (personnel with powers to 
investigate crimes and make arrests), 4.6 percent were women. Several 
recent graduating classes from the country's police academies contained 
up to 80 percent women. Recent classes also had a larger number of 
ethnic minorities compared with past years.

    Children.--The Government was generally committed to the rights and 
welfare of children. The U.N. Convention on the Rights of the Child is 
incorporated by reference in the Dayton Accords and has the effect of 
law in both entities. Nevertheless, social services for children were 
extremely limited. Children with disabilities lacked sufficient medical 
care and educational opportunities.
    Education was free and compulsory through the age of 15; however, a 
lack of reliable statistics as to attendance and level of school 
completed hindered efforts to ensure that all school-age children 
received an education.
    The presence of Roma in schools was sporadic and Romani children 
were often absent from the later grades of primary and secondary 
schools. Some NGOs reported that Romani girls often did not attend 
school after the fifth grade of primary school, and some of them were 
married at 12 to 14 years old. According to the country's yearly 
Helsinki Committee Human Rights Report, up to 70 percent of Romani 
children did not attend school regularly. Many Romani children were 
unable to attend school due to extremely poor living conditions, lack 
of proper clothing and the inability to purchase the necessary 
schoolbooks. These factors, often combined with verbal harassment from 
other students, language problems, and the costs and requirements of 
registration, were the most common reasons leading to the exclusion of 
Roma from schools, despite a willingness of many parents to enroll 
their children. During the year, the OSCE organized a campaign to 
encourage Romani parents to legally register their children's births 
and to enroll them in school.
    Medical care for children in the Federation was controlled solely 
at the canton level. Therefore, whether or not children received any 
medical care from the Government depended on the budget of the canton 
in which they lived. Medical care for children in the RS was controlled 
by the RS Ministry of Health. Children up to 15 years of age were 
entitled to medical care free of charge under the law; however, in 
practice, unless they had medical insurance paid for by their parents, 
children often did not receive medical care. There was no 
discrimination between boys and girls concerning medical care.
    Family violence against children was a problem, but there was no 
societal pattern of abuse against children. Police investigated and 
prosecuted individual cases of child abuse; however, no statistics on 
the prevalence of the problem were available. Children continued to 
suffer disproportionately from the societal stress of the postwar era. 
Some NGOs estimated that one in four families experienced some form of 
domestic violence, including physical, mental or sexual abuse of 
children.
    Trafficking in girls for the purpose of sexual exploitation was a 
problem (see Section 5, Trafficking).
    According to statistics released in 2002 by the MHRR, 118,785 of 
the 553,419 displaced persons from the country were children. At year's 
end, the UNHCR and the entity refugee ministries launched a re-
registration campaign for displaced persons and refugees.
    During the year, five children were killed and one child was 
injured in landmine incidents.

    Trafficking in Persons.--The law prohibits trafficking in persons; 
however, trafficking in persons remained a serious problem. There were 
reports that police and other officials were involved in trafficking.
    Under the new Criminal Procedure Code passed in March 2003, 
trafficking in persons is a State-level crime with a sentence of up to 
10 years' imprisonment. The Federation and the RS harmonized their 
criminal codes and the State-level MOS is responsible for coordinating 
anti-trafficking law enforcement activities at all levels of 
Government.
    Authorities intensified their efforts to combat trafficking during 
the year. The State Prosecutor's Office has exclusive jurisdiction over 
all trafficking cases and can decide which cases to prosecute at the 
State level, and which cases to send to the entity levels. The National 
Anti-Trafficking Coordinator, whose mandate includes coordination of 
victim protection efforts among NGOs, police, and government 
institutions, as well as coordination of law enforcement initiatives, 
reports directly to the MOS. By year's end, the National Anti-
Trafficking Coordinator's office completed its update and revision of 
the National Action Plan and strategy for implementation for 2005 
through 2007.
    The Government's major anti-trafficking initiatives, overseen by 
the National Coordinator's Office, included the adoption of the new 
rulebook on the Protection of Alien Victims of Trafficking in Persons 
in April and the new asylum bylaws in June.
    The anti-trafficking strike force, a nationwide interagency 
investigative task force to combat trafficking in persons, was chaired 
by the chief State Prosecutor and includes prosecutors, police, and 
financial investigators. It specifically targeted trafficking and 
illegal migration. There were four major strike force investigations 
that resulted in prosecutions during the year. Since its inception in 
2002, the strike force has concluded 209 investigations. These cases 
have led to 16 indictments, 2 acquittals and 3 dismissals for lack of 
evidence.
    The anti-trafficking actions of local authorities were coordinated 
within this centralized State level framework for fighting trafficking. 
For example, the IPTF-initiated Special Trafficking Operations Program 
was replaced by an initiative led by local authorities in coordination 
with the EUPM, called the Fight and Intervention Against Human 
Trafficking (FIGHT) initiative. In August 2003, the owner of Club Edo 
in Kiseljak was arrested for trafficking, and 13 of the women working 
in his bar were taken to the Forum of Solidarity, a local NGO that 
sheltered trafficking victims. However, none of the 13 women were 
identified as trafficking victims by the Government and were deported 
from the country 2 months later. In July, the club owner was convicted 
of international procuring for prostitution and sentenced to 15 months 
in prison.
    Local police involvement was primary, with EUPM involvement in 
actual operational and organizational issues limited to an advisory 
capacity. Under the FIGHT team initiative, each local government unit 
had a dedicated trafficking officer, and these officers were 
coordinated through their respective entity MUP. Each entity MUP was 
represented on the BiH State level Anti Trafficking strike force, 
allowing state-level strike force investigations to regularly benefit 
from local, on the ground investigation and intelligence work.
    In March, a major trafficking investigation resulted in the 
conviction of five traffickers from the Prijedor area. Milorad 
Milakovic and three co-conspirators pled guilty to charges including 
organized crime, human trafficking and recruitment of foreign citizens 
for prostitution. They received sentences ranging from 2 to 9 years in 
prison and 14 associates were also charged and placed in detention. In 
another major trafficking case in Sarajevo, a bar owner, his wife and 
another employee were charged with procuring, pandering and tampering 
with evidence. The trial was ongoing at year's end.
    The country was a destination and transit point, and, to a lesser 
extent, a country of origin for women, girls, and in a few cases, 
teenage boys trafficked for sexual exploitation. There were allegations 
of corruption and official involvement in trafficking. There were no 
reliable current estimates on the number of trafficked women and 
previous estimates varied considerably. Because police raids have 
forced trafficking activities further underground, useful estimates of 
the true scope of the problem are difficult to formulate. During the 
year, IOM assisted 65 victims, of whom 45 were repatriated. Of the 65 
victims, 12 were citizens.
    Over 90 percent of trafficked women in the country came from 
Moldova, Romania, and Ukraine. A significant number may have transited 
on to Western Europe, but no reliable estimates were available. 
According to the IOM, most victims reported being lured by false job 
offers, such as advertisements offering work in Italy or Germany as 
dancers, false marriages, waitresses, and domestic servants. Some NGOs 
reported that trafficking victims have been lured into the country by 
promises of marriage to traffickers or their associates, while others 
knowingly entered into false marriages to obtain work and residence 
permits. Most trafficked women entered the country through Serbia-
Montenegro. Those who transited the country continued on via Croatia. 
The IOM reported Bosnian victims in other parts of Europe and local 
NGOs observed some Bosnian victims within the country.
    The perpetrators of trafficking came from a variety of backgrounds, 
including freelance operators, local crime gangs, and large 
international organized crime syndicates. Some employment, travel, and 
tourist agencies also fronted for traffickers.
    Victims reported working in conditions akin to slavery, with little 
or no financial support. They were coerced to remain in these 
situations by intimidation, seizure of passports, withholding of food 
and medical care, and even physical and sexual assaults.
    There continued to be reports of police and other official 
involvement in trafficking, particularly at the local level. In 
October, border police arrested a member of the RS MUP's elite special 
unit near Bijeljina while he was attempting to cross into the country 
from Serbia with two suspected trafficking victims in his car. He was 
immediately suspended from duty. The investigation was ongoing at 
year's end. There were no PSU investigations related to official 
involvement in trafficking during the year.
    Although the presence of international civilian and military 
personnel has contributed to the trafficking problem, the local 
population actively sustained it. Anecdotal evidence provided by 
trafficking victims suggested that their clientele is now about 70 
percent locals and 30 percent internationals, a reversal of the 
situation just a few years ago.
    During the year, local NGO Forum of Solidarity took over operating 
the main shelter in Sarajevo and ran one safe house in Doboj where 
victims received medical care, counseling, repatriation assistance and 
limited vocational training. Other NGOs ran four additional safe 
houses, located in Sarajevo, Banja Luka, Mostar and Bijeljina. Police 
provided protection for the shelters. Despite these programs, the IOM 
and other sources reported that fewer victims sought assistance during 
the year, and that shelters were not fully utilized. NGO employees 
reported that women told them that they did not trust local police and 
feared traffickers would not hesitate to pursue them if they left. With 
international assistance, local authorities and NGOs cooperated more to 
assist and protect victims.
    There were three primary trafficking NGOs in the country: Lara in 
Bijelina, La Strada in Mostar, and Forum of Solidarity in Tuzla and 
Sarajevo. During the year, NGOs assisted 46 victims of trafficking. 
These women were provided basic shelter, medical, psychological, and 
legal assistance. The Office of the U.N. High Commissioner for Human 
Rights (UNOHCHR) trained local attorneys to provide legal advocacy to 
trafficking victims on a range of criminal and civil issues, including 
their legal options regarding their immigration status (asylum, 
repatriation or resettlement in a third country) and their legal rights 
if they choose to testify against their traffickers.
    During the year, cantonal prosecutors arranged the issuance of the 
first humanitarian visa given to a trafficking victim. The new 
provision for humanitarian visas for victims allowed rehabilitation and 
protective services to be provided to them.
    The IOM and government authorities initiated a preventative 
information campaign against human trafficking geared towards at-risk 
youth and victims of trafficking. For the first time, the Government 
and IOM also targeted potential consumers of services provided by 
trafficked women, namely Bosnian men between 18 and 49. The campaign 
defined trafficking and provided information about services available 
to trafficking victims, including a national toll-free hotline. Other 
NGOs continued to be actively engaged in similar campaigns.
    The media focused attention on the human costs of trafficking, as 
well as the responsibility of the authorities to combat the problem. 
Newspapers reported frequently on law enforcement actions against 
traffickers, as well as on allegations of involvement by police. In 
November, the AIDS-related death of a Ukrainian trafficking victim in 
Mostar prompted national media coverage. Most of the initial coverage 
blamed the victim for spreading disease and failed to distinguish 
adequately between prostitution and trafficking, but the case raised 
awareness of the trafficking problem in the country. Some commentators 
criticized the Government and police authorities for not doing more to 
fight trafficking in persons.

    Persons With Disabilities.--The law in both entities prohibits 
discrimination against persons with disabilities; however, there was 
discrimination against persons with disabilities in employment, 
education, access to health care and in the provisions of other state 
services. Throughout the country, there was clear discrimination 
between different categories of persons with disabilities and the vast 
majority of persons with disabilities were unemployed. For example, 
persons with disabilities resulting from the war were given a de facto 
privileged status that the civilian war disabled and persons who were 
born with disabilities did not have. Children with disabilities were 
often hospitalized in residential institutions or confined to their 
homes and they rarely had opportunities to attend school; however, with 
UNICEF assistance, there were 23 classrooms throughout the country for 
special needs children, allowing them to receive individualized 
education in regular primary schools.
    In the Federation, the law mandates that all existing buildings 
must be retrofitted to provide access to persons with disabilities by 
November 2007. In February, the Federation passed bylaws mandating that 
all new buildings must be accessible for persons with disabilities; 
however, in practice, buildings rarely were accessible to persons with 
disabilities. For example, one NGO for disabled war veterans conducted 
an informal survey and found that only two shops in downtown Sarajevo 
were wheelchair accessible.
    The RS had comparable legal requirements for access, but progress 
on retrofitting older public buildings was extremely slow due to lack 
of funding and the complexity of the required renovations. Officials 
from the RS Ministry of Urbanism, Construction and Ecology met several 
times during the year with the Association of Paraplegics and other 
disability rights NGOs to inform them about implementation of these new 
legal requirements.

    National/Racial/Ethnic Minorities.--Ethnic differences remained a 
powerful political force in the country; however, mixed communities 
existed peacefully in a growing number of areas. To a limited extent, 
nationalist Bosnian, Serb and Croat politicians sought to increase the 
ethnic homogeneity of the population in areas they controlled by 
discouraging IDPs of their own ethnicity from returning to their prewar 
homes if they would be in the minority there (see Section 2.d.). The RS 
Government was increasingly supportive of Bosniak and Croat returns to 
the RS, and Bosniak returns to the Srebrenica area increased; however, 
the RS continued to support integration of displaced Bosnian Serbs 
within the RS using the war veterans' budget and at the municipal 
level, land allocations.
    While the incidents of violence decreased overall in the country, 
follow-up investigations in a number of cases were problematic. Police 
conducted investigations but consistently failed to apprehend and 
charge perpetrators of ethnically motivated hate crimes.
    On June 25, assailants broke windows in an elementary school in 
Novi Seher that serves both Bosniak and Croat students. Only the area 
of the school serving the Bosniak returnees was affected in the 
incident.
    In September, there were a number of incidents involving an 
illegally constructed Serb Orthodox church on the land of a Bosniak 
returnee in the town of Konjevic Polje, in the eastern RS. On September 
11, Serbs seeking to celebrate mass in the church were prevented from 
doing so by a group of Bosniaks, and a physical fight ensued. The 
landowner was injured in this incident. A few days later, the RS 
Ministry of Urban Planning agreed that the building was illegal and 
should be relocated; however, the church had not been moved by year's 
end.
    In a related September incident, two Serb men angry over the 
decision regarding the church threatened Refik Begic, the Bosniak 
Speaker of Bratunac municipality. Local police quickly intervened and 
prevented the incident from escalating to physical violence.
    Harassment and discrimination against minorities continued 
throughout the country, often centering on property disputes, despite 
improvements in some areas. These problems included desecration of 
graves, arson, damage to houses of worship, throwing explosive devices 
into residential areas, harassment, dismissal from work, threats, 
assaults, and even murder.
    Discrimination in employment and education remained key obstacles 
to sustainable returns. Widespread firing of ethnic minorities during 
and after the war has not been reversed in most cases, and members of 
the ethnic majority in a region often were hired over minorities in 
places where they had been employees. Favoritism was also shown to 
veterans and families of those killed during the war. Although 
privatization of large state-owned enterprises was conducted under the 
supervision of the international community, many smaller enterprises 
have been sold to politically well-connected individuals, usually 
members of the majority group in their communities. These enterprises 
generally did not employ minorities. For example, none of the Croat-
owned businesses in Stolac employed Bosniaks.
    The Roma population, estimated to be 40,000 to 80,000, faced 
serious difficulties in exercising the full range of fundamental human 
rights provided to them under the Constitution. Of particular concern 
were issues regarding property rights and access to personal documents. 
Roma displaced from their property during the war had difficulty 
repossessing it because of discrimination and lack of adequate 
information on the necessary procedures. Individuals who were allocated 
social housing before the war often remained without housing. Those 
living in informal settlements were left in a precarious situation as 
local authorities could reallocate the land on which they resided at 
any time. Lack of ownership documents also hampered repossession of 
property and the provision of reconstruction assistance in cases where 
housing was destroyed during the war. Lack of personal documents caused 
many Roma to be excluded from public life because they lacked birth 
certificates, identification cards or a registered residence. Many Roma 
also could not access health care or register to vote. Only a small 
number of Romani adults were in full time employment and Roma were 
often denied social support; many relied on begging to subsist, 
particularly Romani children.
    Roma continued to lack access to education. While Romani children 
were permitted to attend schools in all areas of the country, their 
attendance was often low due to both pressures from within their own 
community and from local non-Roma communities discouraging Romani 
children from attending their schools.
    Students in minority areas frequently faced a hostile environment 
in schools that did not provide an ethnically neutral setting. 
Obstruction by nationalist politicians and government officials slowed 
international efforts to remove discriminatory material from textbooks, 
abolish school segregation, and enact other needed reforms. At the 
elementary and secondary school level, cantonal governments in the 
Federation, and the entity Ministry of Education in the RS politically 
pressured school directors. Several schools were directed by hard-line 
political figures. A lack of financial resources led to teacher strikes 
in the RS and in individual cantons in the Federation.
    Administration and legal unification of the 52 cases of ``two 
schools under one roof,'' with separate classes for Bosnian Croats and 
Bosniaks, did not lead to integrated classrooms, although shared extra-
curricular activities, school entrances and recreation facilities often 
resulted. Segregation and discrimination were entrenched in many 
schools, particularly in the teaching of national history and religious 
education. In the RS, non-Serb teaching staff at elementary and 
secondary school levels remained below 5 percent of all teaching staff. 
In the Federation, minority teachers comprised between 5 and 8 percent 
of all teachers, depending on the Canton.
    During the year, the Inter-Entity Textbook Review Commission 
continued to review textbooks from the so-called national group of 
subjects that were in use in all primary and secondary schools in the 
country in order to remove any discriminatory or objectionable 
material. However, there were textbooks in use outside the so-called 
national group of subjects that were not subject to the review process 
but contained material that was inappropriate. For example, the 
textbooks on politics and economics used in schools following the 
curriculum in Bosnian Croat majority cantons were produced in Croatia 
and contained material considered slanderous and hurtful to Serbs. 
Other cases were less explicit but were recognized as inappropriate or 
controversial.

    Other Societal Abuses and Discrimination.--While the Constitution 
prohibits discrimination on the basis of sexual orientation, this was 
not enforced in practice and homosexuals were frequently discriminated 
against. Attempts by gay and lesbian organizations to conduct a pride 
march in Sarajevo were met with verbal abuse and physical violence in 
which the police were reluctant to intervene. Homosexuals who were open 
about their sexuality were frequently fired from their jobs. In some 
cases, the dismissal letters explicitly stated that their sexual 
orientation was the cause of their termination, making it extremely 
difficult to find another job. Some gay teens were harassed at school 
and were kicked out or ran away from home after coming out to their 
parents.
    Media depictions of homosexuality were often very negative. For 
example, on September 7, the host of a popular TV talk show stated that 
homosexuality is a disease, and that Bosniaks who are homosexual are 
``un-Islamic traitors'' who give the world a bad image of Bosniak 
people.
    According to unreliable government statistics, there were only 64 
cases of HIV/AIDS in the country. However, the number was likely higher 
as the country lacks any comprehensive testing program. Because testing 
was neither anonymous nor confidential and there was great stigma 
attached to the diagnosis, very few persons would consider being tested 
voluntarily. HIV/AIDS infection was a problem among prostitutes and 
victims of trafficking. In November, the AIDS-related death of a 
trafficking victim attracted national media attention and prompted a 
number of local men to seek testing. Some NGOs reported that several 
trafficking victims assisted in their shelters tested HIV-positive 
during the year (see Section 5.).
Section 6. Worker Rights
    a. The Right of Association.--The entity Constitutions and labor 
laws allow workers (except members of the military) to form and join 
unions of their choice without previous authorization or excessive 
requirements, and workers did so in practice. In the Federation, the 
Confederation of Autonomous Trade Unions of Bosnia and Herzegovina 
(SSSBiH) represented most unionized workers. In the RS, the 
Confederation of Trade Unions of the Serb Republic (SSRS) represented 
most unionized workers.
    The law in both entities prohibits discrimination by employers 
against union members and organizers, in accordance with ILO standards; 
however, this kind of discrimination continued. Practical barriers 
existed for employees to bring complaints against employers, such as 
high unemployment, a backlogged court system, and the large number of 
workers in the gray economy. As a result, protections against 
retaliation for union activity were not strong.

    b. The Right to Organize and Bargain Collectively.--The law 
provides for the right to organize; however, sanctions against 
employers who obstruct union organizing were not imposed in practice. 
Rates of unionization were lower in private companies, including newly 
privatized companies. Some unions reported that employees of private 
companies were threatened with dismissal if they joined a union. 
Collective bargaining is provided for in the Law on Working Relations 
in the RS and in a comprehensive collective bargaining agreement in the 
Federation. However, collective bargaining in both entities does not 
take the form of voluntary direct negotiation between a union and 
individual employers. Rather, collective bargaining agreements largely 
apply as work agreements between the Government and workers in the 
public sector. In the Federation, there were no collective bargaining 
agreements between private employers and unions. In the RS, the general 
collective bargaining agreement applies to all workers and is 
negotiated between unions, the government, and employers. This general 
agreement applies to private companies whether or not their workers are 
union members. In the District of Brcko, the labor law requires a 
separate law for collective agreements; however, no law on collective 
agreements has yet been passed, so workers there effectively did not 
have the right to collective bargaining.
    The law provides for the right to strike and workers exercised this 
right in practice.
    In April in the Federation, the SSSBiH staged a protest by several 
thousand workers in front of the Federation Government building, 
calling for more social protection for workers in the face of new 
bankruptcy legislation. In August, workers at a metalworking company 
went on strike over non-payment of back wages. In November, workers at 
a shoe factory and at a foundry also went on strike over non-payment of 
social contributions.
    In the RS, the SSRS did not call any strikes. However, sector 
strikes did occur. For example, in July, workers at a pipe-producing 
factory went on strike over low wages and non-payment of social 
contributions.
    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, including by children; however, 
there were reports that such practices occurred (see Section 5, 
Trafficking).

    d. Prohibition of Child Labor and Minimum Age for Employment.--The 
minimum age for employment of children in the Federation and in the RS 
is 15 years and minors between the ages of 15 to 18 must provide a 
valid health certificate in order to work. (In Civil Service Laws, the 
minimum age is 18). The law prohibits children from performing 
hazardous work, such as night work. Although child labor was not known 
to be a problem, children sometimes assisted their families with farm 
work and odd jobs. Romani children often begged on the streets, 
particularly in larger cities.
    There were no social programs to prevent the engagement of children 
in exploitative child labor besides programs designed to combat 
trafficking in persons (see Section 5, Trafficking).
    Entity governments are responsible for enforcing child labor laws. 
Neither entity has inspectors that are dedicated solely to child labor 
inspections; rather, violations of child labor laws are investigated as 
part of a general labor inspection. Both entities' labor inspectorates 
reported that they have not found significant violations of child labor 
laws in the workplace, although they did not conduct any reviews of 
children working on family farms.

    e. Acceptable Conditions of Work.--The monthly minimum wage in the 
Federation was $184 (295 KM) and in the RS the ``minimum price of 
work'' used as a base for the salary scale of government employees was 
$51 (82 KM); however, neither provided a decent standard of living for 
a worker and family. Many workers have outstanding claims for payment 
of salaries and pensions. Employers are required by law in both 
entities to make mandatory contributions to social funds; in total, the 
contribution paid on each monthly salary was 68 percent in the 
Federation and 52 percent in the RS. Employers often did not officially 
register their employees in order to avoid paying high social welfare 
benefits. Workers whose employers did not pay health insurance 
contributions were not entitled to public health care.
    The legal workweek is 40 hours; however, seasonal workers may work 
up to 60 hours per week. The laws require that employers pay overtime 
to employees. Overtime is limited to 20 hours (10 mandatory and 10 
voluntary) in the Federation. In the RS, overtime is limited to 10 
hours, although an employee may volunteer for an additional 10 hours in 
exceptional circumstances.
    The authorities failed to adequately enforce regulations related to 
acceptable work conditions, because of the uncertain legal status of an 
overwhelming number of workers. While the labor inspectorates made some 
effort to enforce registration of employees, they essentially limited 
most elements of labor inspections to the officially registered 
workforce. In addition, the courts served as the ultimate recourse for 
complaints for a registered worker, and the labor inspectorate in the 
RS had to submit fines and penalties for court approval. Given the 
backlog in the court system, this recourse was likely not effective. As 
a result, many workers essentially worked without protections.
    The law provides workers with the right to remove themselves from 
situations that endanger their health or safety without jeopardy to 
their employment; however, this right was not enforced effectively in 
practice.

                               __________

                                BULGARIA

    Bulgaria is a parliamentary democracy ruled by a coalition 
government headed by Prime Minister Simeon Saxe-Coburg Gotha. The 
Government took office in 2001 following the victory of his National 
Movement Simeon II (NMSS) party in parliamentary elections that were 
deemed generally free and fair despite some media irregularities. 
Following presidential elections in 2001, Georgi Purvanov, former 
leader of the Bulgarian Socialist Party (BSP), began his 5-year term in 
2002. The Constitution provides for an independent judiciary; however, 
the judiciary suffered from corruption and wide-ranging systemic 
problems.
    The Ministry of the Interior (MOI) is responsible for internal law 
enforcement. The National Investigative Service (NIS), which provides 
investigative support to prosecutors on serious criminal cases, is a 
judicial branch agency and therefore not under direct executive branch 
control. While civilian authorities generally maintained effective 
control of law enforcement officers, there were some instances in which 
law enforcement officers acted independently of government authority. 
Some law enforcement officers committed serious human rights abuses.
    The country has a market-based economy that was primarily service 
based and a population of approximately 7.8 million. At year's end, 
gross domestic product growth was estimated at 5.3 percent, and 
cumulative inflation was 6.1 percent. While official unemployment in 
November was 11.9 percent, down 1.6 percentage points from the 
beginning of the year, the National Statistical Institute (NSI) 
reported that long-term unemployed persons accounted for over 60 
percent of total unemployment.
    The Government generally respected the human rights of its 
citizens; however, there were problems in several areas. Law 
enforcement officers beat and mistreated suspects, prison inmates, and 
members of minorities. Arbitrary arrest and detention were problems. 
Problems of accountability persisted and inhibited government attempts 
to address police abuses. Conditions in some prisons and detention 
facilities were harsh. The executive and judicial branches continued to 
struggle with wide-ranging systematic problems and suffered from 
serious corruption.
    There were restrictions on freedom of the press. The Government 
restricted freedom of religion for some religious groups and societal 
discrimination and harassment of nontraditional religious minorities 
persisted but were much less frequent than in previous years. Societal 
violence and discrimination against women were problems. Conditions for 
children in state institutions were poor, and because of a lack of 
funds, the social service system did not assist homeless and other 
vulnerable children adequately, notably Roma and children with mental 
disabilities. Trafficking in persons was a serious problem, which the 
Government took some steps to address. There was some discrimination 
against persons with disabilities and a serious problem of 
discrimination against Roma. 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, on March 27, a police officer shot and killed a 25-year-old 
Rom in Plovdiv after he reportedly refused to cooperate with police and 
ran away during a routine traffic check. The MOI initiated an 
investigation and temporarily suspended two officers from duty. The 
investigation was ongoing at year's end.
    There were no developments in the case against the forest guard 
charged with murdering Stoyan Lazarov in August 2003, near Kyustendil.
    On November 4, the Sofia Appellate Court heard the appeal of the 
five defendants (three Bulgarians and two Ukrainians) sentenced to life 
imprisonment in November 2003 for the 1996 murder of former Prime 
Minister Andrey Lukanov.

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

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The Constitution prohibits such practices; however, police 
commonly beat criminal suspects, particularly during initial 
interrogations.
    Criminal suspects in police custody run a significant risk of being 
mistreated, most often during initial interrogation. According to the 
Bulgarian Helsinki Committee (BHC), the number of complaints of police 
abuse during detention decreased from 50 percent of detainees in 1999 
to 30 percent during the year. In July 2003, the MOI issued 
instructions for medical personnel in all detention centers to 
investigate and document all injuries and traumas suffered by 
detainees. Medical examinations were conducted in areas where 
nonmedical personnel were not permitted access; prosecutors were 
informed if medical personnel believed injuries or traumas were a 
result of torture or maltreatment. However, human rights groups claimed 
that allegations of police abuse were very seldom properly 
investigated, nor were offending officers consistently punished.
    On January 16, two police officers unleashed their dog on Assen 
Zarev, a Rom, in Sofia, after questioning him about the whereabouts of 
some other men. The officers reportedly beat Zarev and threatened to 
shoot him. The police released Zarev after firing warning shots to 
disperse the gathered crowd and later, the police officers stated that 
some of the Roma had assaulted them. Zarev reportedly obtained a 
forensic medical certificate, describing injuries consistent with the 
allegations of ill treatment.
    On March 22, police from the Second Police Station in Plovdiv 
handcuffed and beat 22-year-old Boris Daskalov after he was summoned 
for questioning. The BHC reported that Daskalov was beaten on the soles 
of his feet with rubber truncheons and a piece of cloth placed in his 
mouth to silence him. He was released the following day. After 
obtaining a forensic medical certificate for the injuries, he filed a 
complaint with the military prosecutor. In April, the MOI Inspectorate 
confirmed that the police officers exceeded their powers; as a result, 
two police officers were dismissed, and their direct supervisor was 
demoted.
    Under the criminal code, any complaints about police beatings are 
required to be heard by judges. Human rights monitors reported that 
they received many complaints from persons who were too intimidated to 
lodge an official complaint with the authorities. Human rights 
observers charged that police sometimes handled minor offenses by 
arresting suspects, beating them, and releasing them within a 24-hour 
period, so that no judicial involvement was required (see Section 
1.d.).
    Conditions in some prisons remained harsh and included 
overcrowding, inadequate lavatory facilities, and insufficient heating 
and ventilation. All prisons were more than 70 years old. The 
Government expected that the introduction of a probation system in 2005 
would partially alleviate the problem of overcrowding in prisons. At 
the end of June, the average prison density was 122.2 percent, with 
overcrowding at the prison in Bourgas being the worst (208.4 percent 
density); only the youth labor correction hostel in Boichinovtsi, the 
women's prison in Sliven, and the prison in Pazardjik were not 
overcrowded. The amount and type of food served was based on a table 
approved by the Ministry of Justice (MOJ) in coordination with the 
Ministry of Health and the Ministry of Finance. To meet the minimum 
caloric consumption, the average cost of food per day per prisoner was 
approximately $0.79 (1.18 leva); however, only two-thirds of that 
amount was allocated for food in the prisons budget. Nongovernmental 
organization (NGO) prison monitors reported that brutality by prison 
guards against inmates continued to be a problem, despite MOI 
instructions in August 2003 on detention procedures that were intended 
to reduce abuses. There were also reports of brutality among inmates. 
The process for prisoners to complain about substandard conditions or 
mistreatment did not function effectively. A new detention center 
opened during the year in Turgovishte and 13 other detention centers 
were closed due to poor and inadequate conditions, bringing the total 
number of detention centers to 52. Two more new detention centers (in 
Elhovo and Bourgas) were under construction. The MOJ reported that, at 
year's end, there were 858 charged persons in the country's detention 
centers and 10,871 persons (of whom 348 were arraigned, 1,640 were in 
trial phase, and 8,883 were convicted) in the country's 12 prisons.
    Men and women were held in separate prisons; the prison in Sliven 
was reserved for women. In all prisons, pretrial detainees were held 
separately from convicted prisoners. The MOJ also reported that there 
were 90 minors in the labor correction hostel in Boichinovtsi, which 
was used to hold persons under age 18 and was less restrictive than 
prisons.
    The Government generally permitted requests by independent 
observers to monitor conditions in most prisons and detention 
facilities.

    d. Arbitrary Arrest or Detention.--The Constitution prohibits 
arbitrary arrest and detention; however, there were some restrictions 
on these rights.
    The MOI is responsible for oversight of internal law enforcement 
including activities of the National Police, the National Service for 
Combating Organized Crime (NSBOP), the National Security Service 
(civilian domestic intelligence), the National Gendarmerie Service 
(paramilitary police), and the Border Police. Public order services, 
such as the National Intelligence Service and National Bodyguard 
Service, were not subject to adequate judicial, executive, or 
legislative oversight of their activities or budgets. Impunity remained 
a problem; problems of accountability inhibited government attempts to 
address police abuses.
    The MOI reported that 37 complaints of corruption by police 
officers were filed with the Military Prosecution Service between 
January and October. During the same period, 69 police officers were 
fired for corruption.
    In March, all police officers received a copy of the 2003 Police 
Code of Ethics, which was also included in the training curricula at 
the Police Academy and in continuing education programs for police 
officers. The curricula at the Police Academy and the Officers' Schools 
also included human rights-related training in their mandatory courses. 
Training in combating trafficking and assisting trafficking victims was 
also offered to active-duty officers (see Section 5, Trafficking).
    Although warrants are not always required for arrest, police 
normally obtained them from a prosecutor prior to apprehending an 
individual. If the person was released within 24 hours without being 
charged, there was no judicial involvement in the case (see Section 
1.c.). Persons could be detained for no more than 24 hours at the 
request of an investigator or police officer; however, detention could 
last for up to 72 hours if ordered by a prosecutor.
    The law provides for bail, and it was widely used.
    The Constitution provides for access to legal counsel from the time 
of detention. In 2002, the MOI instituted a standard declaration 
process for detainees to indicate their need for access to legal 
counsel, medical attention, and family members.
    While there were some continuing violations, the Government 
generally observed the statutory limit of 1-year for pretrial detention 
or 2 years in the case of the most serious crimes. In the event of a 
conviction, the time spent in pretrial detention was credited toward 
the sentence.

    e. Denial of Fair Public Trial.--The Constitution provides for an 
independent judiciary; however, problems in the judiciary remained, 
including a lack of transparent and neutral standards for assigning 
cases, poor coordination between magistrates (prosecutors, 
investigators, and judges), corruption, and cumbersome procedures. 
Human rights groups complained that magistrates sometimes failed to 
pursue crimes committed against minorities. There were complaints that 
the Supreme Cassation Prosecution led by the Chief Prosecutor failed to 
vigorously prosecute serious criminal cases. In addition, the Supreme 
Cassation Prosecution refused to cooperate with international observers 
that advocated for judicial reform and spoke out against judicial 
corruption.
    Crime and corruption remained primary concerns of the Government. 
The inter-ministerial anticorruption commission, established in 2002, 
coordinated the efforts of each government agency's internal 
inspectorate in fighting public corruption and engaged in public 
awareness campaigns. During the year, the commission received 196 
complaints of corruption, of which 11 were referred to the prosecution 
service for further action. In addition, the commission referred 40 
complaints against magistrates to the Supreme Judicial Council's 
anticorruption commission.
    While the Government implemented several measures in the fight 
against corruption, the European Union (EU) reported that it remained a 
problem and said that renewed efforts were needed to combat it, 
including tackling high-level corruption. The European Commission's 
regular report on Bulgarian accession to the EU, released in October, 
cited the need for significant further efforts to fight against 
organized crime and corruption, including further reforms of law 
enforcement and the judiciary. Few major organized crime figures have 
been prosecuted to date and only two have been convicted. According to 
the NSBOP, approximately 110 organized crime groups operated in the 
country.
    Many observers believed that reforms were essential to establish a 
fair, impartial, and efficient judicial system. In March, regulations 
were enacted to implement the 2003 constitutional amendments limiting 
magistrates' immunity and increasing their accountability. Additional 
amendments to the constitution and the Judicial Systems Act, 
particularly addressing the role of investigators, were prerequisites 
to EU accession. During the year, the SJC replaced a large number of 
court chairs, head prosecutors, and head investigators at all levels of 
the judiciary in response to calls for judicial reform.
    Observers noted modest improvement in the efficiency of moving 
cases through the criminal system, although many serious systemic flaws 
remained. Long delays in trials were common, and investigators and 
police continued to struggle with a large backlog of outstanding 
investigations.
    The court system consists of regional courts, district courts, 
appellate courts, military courts (on the district and appellate 
levels), the Supreme Court of Cassation, and the Supreme Administrative 
Court. The Constitutional Court, which is separate from the rest of the 
judiciary, is empowered to rescind legislation that it considers 
unconstitutional, settle disputes over the conduct of general 
elections, and resolve conflicts over the division of powers between 
the various branches of government. Military courts handle cases 
involving military personnel (including MOI personnel) and some cases 
involving national security matters. As a part of the judiciary, 
military courts are independent from the military.
    Judges are appointed by the 25-member SJC and, after serving for 5 
years, cannot be removed except under limited, specified circumstances. 
The 12 justices on the Constitutional Court were chosen for 9-year 
terms; one-third were selected by the National Assembly, one-third 
appointed by the President, and one-third selected by judicial 
authorities. The internal mechanisms that inhibit corruption in the 
judiciary were inadequate.
    The Constitution stipulates that all courts shall conduct hearings 
in public unless the proceedings involve state security or national 
secrets, and authorities generally respected this provision. Defendants 
have the right to know the charges against them and are given ample 
time to prepare a defense. Defendants have the right to family visits 
and to examine evidence. To enable a speedy trial, investigations must 
last no more than 2 months under normal circumstances, although the 
head district prosecutor may extend this to 6 months, and the Chief 
Prosecutor may extend this to 9 months. Defendants in criminal 
proceedings have the right to confront witnesses; they also have a 
right to legal representation in all cases. Romani Baht, a Roma 
advocacy NGO, provided legal counsel, particularly in cases of 
discrimination and police abuse. When punishment of 10 years' 
imprisonment or more could be imposed or when the defendant was a 
juvenile, a foreigner, had mental or physical disabilities, or was not 
present, the participation of a defense attorney is mandatory. The 
right of appeal is provided for and was used widely.
    During the year, an NGO appealed the 2003 increase in fees levied 
on claimants in civil courts, and the Supreme Administrative Court 
overturned the increase. The practice of plea-bargaining had not yet 
effectively lightened the caseload for prosecutors. In addition, plea-
bargaining was perceived by many citizens as a way for the wealthy to 
buy their way out of charges.
    During the year, the Act to Combat Juvenile Antisocial Behavior was 
amended to improve due process procedures. The amendments introduced 
the right to an attorney during hearings and also transferred local 
commissions' competence for imposing stricter measures (i.e. detention 
in social or pedagogical boarding schools and educational reform 
boarding schools) to regional courts. The amendments also ensure the 
right to appeal all decisions of the local commission to the regional 
court; regional court rulings for internment in social or pedagogical 
and educational reform boarding schools can be appealed to the district 
court.
    There were no reports of political prisoners.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The Constitution prohibits such actions, and the 
Government generally respected these provisions 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 and did not restrict academic freedom. Some NGOs 
reported that significant numbers of journalists continued to feel 
constrained in their reporting because of media outlet management, 
political influence, and outside pressure.
    In an open letter to the Prime Minister in June, 266 judges 
criticized the manipulation of the media by MOI officials. Domestic 
organizations cited politically motivated intimidation and dismissal of 
journalists as a major problem.
    A variety of newspapers were published freely by political parties 
and other organizations representing the full spectrum of public 
opinion.
    There were no formal restrictions on programming and both 
television and radio provided a variety of news and public interest 
programming. State-owned media presented opposition views; however, 
media observers believed that the inadequacy of existing legislation 
left it vulnerable to government pressure. Despite this vulnerability, 
Bulgarian Telegraph Agency (BTA), the state-owned news agency, was 
highly regarded as being unbiased, and the state-owned Bulgarian 
National Radio (BNR) was often one of the most outspoken critics of the 
Government and its policies.
    The state-owned Bulgarian National Television (BNT) broadcast 
Turkish-language newscasts, and local affiliates of BNR broadcast 
limited Turkish-language programming in regions with ethnic-Turkish 
populations. The state-owned Radio Bulgaria increased its Turkish-
language broadcasting from 30 minutes to 3 hours per day and introduced 
an hour of Roma-language programming per week. The state-owned Radio 
Hristo Botev dedicated over 2,000 hours of its annual 7,800 broadcast 
hours to minorities, ethnic issues, and a wide range of religious 
affairs. Foreign government radio programs had good access to 
commercial radio frequencies.
    There were three reported cases of violence or threats of violence 
against journalists. On January 16, the editor-in-chief of the Lovech-
based newspaper Naroden Glas, Tsvetan Todorov, reportedly received 
death threats for reporting that former Socialist prime minister Zhan 
Videnov worked for a local meat processing plant. In mid-February, the 
Romani news agency De Facto closed its Sofia office for a week 
following a number of anonymous threats. On September 1, following a 
small explosion the previous night in front of its offices, the second 
largest circulation national daily newspaper 24 Hours received 
telephone threats that it could expect even greater explosions if its 
journalists continued their investigative reporting about organized 
crime groups.
    Amendments passed in 2002 to the Radio and Television Act (RTA) 
require the Council for Electronic Media (CEM) to issue radio and 
television programming licenses only in accordance with the Strategy 
for Developing Radio and Television Activities, which was developed by 
the CEM and Communications Regulation Commission jointly and submitted 
to the National Assembly; however, the National Assembly still had not 
approved the Strategy by year's end. As a result, the CEM could not 
promulgate new licensing procedures, and it was not clear when the 
Government would resume licensing electronic media. While the CEM could 
not initiate new tenders for television and radio programming licenses, 
it was still able to transfer, amend, revoke, and terminate such 
licenses and regulate programming.
    In March, the CEM voted five to four to fire BNT Chairman Kiril 
Gotsev for his decision over 2 years earlier not to allow the airing of 
a rebuttal to comments made in a political talk show. The four 
dissenting CEM members said that the motives for dismissal would not 
hold up in court and walked out of the meeting after the vote. On 
October 14, the Supreme Administrative Court overturned the CEM 
decision.
    During 2003, the CEM imposed 77 fines against television operators 
and 13 fines against radio operators for violations of the RTA. In 
November 2003, the CEM revoked the license of Union Television, owner 
of the satellite channel Den, citing grave violations of the RTA for 
allegedly broadcasting a television show that impaired morals. Union 
Television appealed the decision, and in July, the Supreme 
Administrative Court overturned the CEM's revocation of Union 
Television's license.
    Defamation is punishable under the criminal code. In most cases the 
courts defined libel and interpreted the law in a manner that favored 
journalistic expression. Fines for libel ranged from approximately 
$2,000 (3,000 leva) to approximately $6,670 (10,000 leva); fines for 
slander ranged from approximately $3,335 (5,000 leva) to $10,000 
(15,000 leva). While these fines remained a heavy penalty in the 
context of the country's economy, a report issued by the BHC claimed 
that most damages and fines assessed in defamation cases were of a 
reasonable nature. Amendments to the criminal code in 2002 eliminated 
imprisonment as a penalty for defamation. The amended provisions also 
removed the need for a prosecutor to file an indictment for slander or 
libel by changing the nature of the offense to a private one where 
complaints are filed directly by the party subject to slander or libel. 
According to the BHC, the number of defamation suits brought against 
journalists increased slightly over the past 3 years; however, the BHC 
found that only a small number of cases concluded with the journalist 
being fined. The majority of defamation cases were brought against 
reports about corruption or mismanagement, and the most frequent 
plaintiffs were government officials or other persons in public 
positions.

    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 prohibits groups that endanger national unity or promote 
and incite racial, national, ethnic or religious hatred, violate the 
rights of citizens, or seek to achieve their objectives through violent 
means. The Government undertook to respect the rights of individuals 
and groups to establish freely their own political parties or other 
political organizations. Although the Constitution prohibits the 
formation of political parties along religious, ethnic, or racial lines 
and prohibits citizens' associations from engaging in political 
activity, in practice ethnic minority political parties operated during 
the year and were active on the local and national level (see Section 
3).

    c. Freedom of Religion.--The Constitution provides for freedom of 
religion; however, the Government restricted this right in practice for 
some religious groups. The Constitution designates Bulgarian Orthodox 
Christianity (BOC) as the ``traditional'' religion and the Government 
provided financial support to it, as well as to several other religious 
communities perceived as holding historic places in society, such as 
the Muslim, Roman Catholic, and Jewish faiths.
    All religious groups, with the exception of the BOC, must register 
with the Sofia City Court before they can practice their beliefs in 
public. Since the Court took over responsibility for registering 
religious groups in 2003, the number of registered denominations has 
increased, reaching 46 by year's end. The BHC has expressed concern at 
the requirement for groups to submit a statement of beliefs when 
applying for registration or re-registration, stating that this 
constituted an infringement on their freedom of religion. There were 
initial fears regarding the exclusive right of Religious Denominations 
Directorate of the Council of Ministers to give ``expert opinions'' to 
the court regarding registration matters; however, in practice the 
Directorate only provides an opinion upon request by the court. Such 
opinions have resulted in the rejection of registration for only one 
denomination, the Achmadi Muslim Organization of the Muslim Achmadi 
Community. However, all applicants have the right to appeal the denial 
of registration through the Court of Appeals, where ``expert opinions'' 
from other sources can be submitted and taken into account. An appeal 
by the Achmadi Muslim Organization of the Muslim Achmadi Community was 
pending at year's end. Some local branches of nationally registered 
denominations experienced problems with local authorities who insisted 
that the branches be registered locally; for example, mayors in the 
towns of Lovech, Troyan, and Vakarel exceeded their powers by demanding 
that local branches of religious organizations provide documentation 
not required by law. The law does not require local registration of 
denominations, although some municipalities have claimed that it does.
    For most registered religious groups there were no restrictions on 
attendance at religious services or on private religious instruction. A 
Jewish school, three Islamic schools, the university-level Islamic 
Higher Institute, a Muslim cultural center, a multidenominational 
Protestant seminary, and university theological faculties operated 
freely. Bibles, Korans, and other religious materials in the Bulgarian 
language were imported or printed freely, and religious publications 
were produced regularly. The law prohibits the public practice of 
religion by groups that are not registered.
    On July 19, the Sofia City Court appointed Fikri Sali, Ridvan 
Kadiov, and Osman Osmailov as interim representatives of the Muslim 
community pending a civil court settlement of a leadership dispute. On 
November 5, the Sofia Appellate Court overruled the appointment of the 
triumvirate, stating that the Muslim community's leadership could only 
be appointed on its own initiative and not by the Sofia City Court. At 
year's end, the Muslim community was still without a legally registered 
leadership awaiting the outcome of other court cases filed by opposing 
factions in the ongoing leadership dispute. The dispute was a result of 
the December 2003 election of two different chief muftis by bodies each 
claiming to represent the Muslim community.
    On July 20, prosecutors and police intervened in the BOC's 12-year 
schism, taking the side of Patriarch Maxim and his ``Holy Synod.'' In a 
nationwide operation, priests from the ``Alternative Synod'' were 
forcibly evicted from around 250 churches and other properties, which 
the ``Holy Synod'' claimed they were illegally occupying. The operation 
resulted in several clerics being temporarily detained and police 
closing and securing the properties. Following the operation, clerics 
from the ``Alternative Synod'' continued to hold religious services 
outside of the churches from which they had been evicted, and a number 
of the synod's supporters staged protests against what they viewed as 
illegal State intervention in an internal church dispute.
    A number of religious groups complained that foreign missionaries 
and religious leaders experienced difficulties in obtaining and 
renewing residence visas in the country. The Law on Foreign Persons has 
no visa category explicitly applied to missionaries or religious 
workers, and rules for other categories of temporary residence visa 
(such as self-employed or business-owner) have been tightened in ways 
that reportedly make it more difficult for religious workers to 
qualify.
    The Jewish Community, the Muslim community, the Catholic Church, 
and some Protestant denominations claimed that a number of their 
properties confiscated under the Communist government were not 
returned. A central problem facing all claimants was the need to 
demonstrate that the organization seeking restitution was the same 
organization--or the legitimate successor of the organization--that 
owned the property prior to 1944. This was difficult because Communist 
hostility to religion led some groups to hide assets or ownership and 
because documents had been destroyed or lost over the years.
    Relations between the major religious communities generally were 
amicable; however, discrimination, harassment, and general public 
intolerance of nontraditional religious groups remained an intermittent 
problem. Human rights groups reported that societal discrimination 
against nontraditional religious groups gradually lessened over the 
last few years.
    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 employ 
it.
    The law provides for the granting of refugee or asylum or refugee 
status to persons 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. The 
Government provided some protection against refoulement, the return of 
persons to a country where they fear persecution; however, the U.N. 
High Commission for Refugees (UNHCR) and NGOs, including the BHC, 
expressed concern over the Government's handling of claims for refugee 
and humanitarian status and reported that there may have been cases in 
which possible bona fide refugees were turned away at the border. The 
Government generally cooperated with the UNHCR and other humanitarian 
organizations in assisting refugees and asylum seekers.
    The Government also provided temporary protection (``humanitarian 
status'') to persons who may not qualify as refugees under the 1951 
Convention/1967 Protocol.
    Persons entering the country legally are required to request and 
file applications for refugee status within 72 hours of entering the 
country, except in extraordinary situations. The law allows applicants 
for refugee status to be interviewed immediately and, within 3 days of 
the interview, applications are reviewed by a competent authority, who 
determines whether they merit further processing. The law also provides 
for the detention of foreigners who are deemed by the MOI to pose a 
threat to national security, or who have committed serious crimes.
    The UNHCR, in cooperation with the International Organization for 
Migration (IOM), operated three transit centers near the Greek, 
Turkish, and Romanian borders used to interview refugee applicants and 
assisted the Government with a small reception center in Banya.
    From January through November, the State Agency for Refugees 
received requests for refugee status from 1,025 persons. During the 
same period, refugee status was granted to 17 persons and humanitarian 
status given to 234. The leading countries from which applicants 
originated were Afghanistan, Iraq, Armenia, Algeria, Iran, and Nigeria. 
There is an appeal process.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The Constitution provides citizens the right to change their 
government peacefully, and citizens exercised this right in practice 
through periodic, free, and fair elections held on the basis of 
universal suffrage.
    In October 2003, local elections were held nationwide and the 
opposition Bulgarian Socialist Party and Union of Democratic Forces 
gained more electoral positions than the ruling NMSS. Ethnic minority 
candidates, as well as the primarily ethnic-Turkish Movement for Rights 
and Freedom (MRF), also fared better than in previous local elections. 
The elections were deemed generally free and fair.
    There was widespread public perception of corruption in all 
branches and levels of government.
    While freedom of information laws provide for public access to 
government information, there were restrictions to such access in 
practice. The NGO Access to Information Program reported approximately 
140 cases where government institutions denied access to information 
throughout the year.
    There were no legal restrictions on the participation of women in 
government and politics. There were 63 women in the 240-seat National 
Assembly. A number of women held elective and appointive office at high 
levels in the Government, including one Deputy Prime Minister (who also 
was Minister of Economy) and four other ministers. Women also held key 
positions in the National Assembly, including one Deputy Speaker and 
the chairs of three standing committees and two ad-hoc committees. The 
leaders of three of the seven parliamentary groups were women.
    There were no legal restrictions on the participation of minorities 
in politics; however, the Constitution prohibits ethnically, racially, 
or religiously based parties (see Section 2.b.). Despite the 
constitutional prohibition, the primarily ethnic-Turkish MRF was 
represented in the National Assembly and was the NMSS's junior 
coalition partner. Despite the MRF's influential position in local and 
national politics, there was increased criticism of the party from both 
within the ethnic-Turkish population and from political commentators 
for portraying itself as the only guarantor of ethnic peace and 
stability while using corruption and intimidation to maintain its 
powerful position.
    There were 24 minority members of parliament (M.P.s) in the 240-
seat National Assembly and 2 ethnic-Turkish ministers in the Cabinet. 
The ethnic-Turkish community's popularly elected representation of 20 
ethnic-Turks in the National Assembly roughly corresponded to its size. 
There were also two Romani M.P.s and two ethnic-Armenian M.P.s in the 
National Assembly; however, while the ethnic-Turkish minority was well-
represented, Roma were underrepresented in appointed government 
positions, particularly leadership positions.
    In the October 2003 local elections, 3 percent of municipal 
councilors elected were Roma, and, according to Romani groups, a 
considerable number of Romani mayors also were elected. The National 
Association of Municipalities reported that Muslim candidates accounted 
for 12.5 percent of municipal mayors and 15.2 percent of municipal 
councilors elected in 2003. Over 300 political parties were registered, 
including a number of predominantly ethnic-Romani and ethnic-Macedonian 
parties.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigations of Alleged Violations of Human 
        Rights
    A number of domestic and international human rights groups 
generally operated without government restriction, investigating and 
publishing their findings on human rights cases. Human rights observers 
reported uneven levels of cooperation from various national and local 
government officials during the year.
    In general, human rights observers reported continued receptivity 
and dialogue on the part of the Government and law enforcement officers 
toward human rights concerns; however, law enforcement practices at the 
working level had not changed noticeably.
    Despite the passage of the Ombudsman Act in 2003 establishing an 
autonomous ombudsman, the National Assembly failed to fill the position 
by the year's end.
    The Parliamentary Committee on Human Rights was active in 
highlighting areas of concern throughout the year and introducing 
legislation to combat abuses of human and civil rights.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The Constitution provides for individual rights, equality, and 
protection against discrimination; however, societal discrimination 
existed against women and ethnic minorities, particularly Roma.
    The law prohibits discrimination on the grounds of race, sex, 
religion, disability, age, and sexual orientation and provides for the 
establishment of a nine-member antidiscrimination commission with 
powers to receive and investigate complaints, issue rulings, and impose 
sanctions. However, the National Assembly had not appointed the 
commission members by year's end. A number of cases were lodged for 
breaches of the Protection Against Discrimination Act, and in July, a 
Romani woman was awarded damages on the grounds of racial 
discrimination for being refused service in a shop.

    Women.--Domestic violence against women was a serious problem; 
however, there were no concrete statistics on its occurrence. In 
assault cases resulting in minor bodily injury, the law requires the 
victim to initiate criminal proceedings; however, victims often felt 
constrained from doing so. Victims also often felt constrained from 
reporting other cases of assault, limiting the number of assault cases 
prosecuted by the judiciary. Courts and prosecutors tended to view 
domestic abuse as a family matter rather than a criminal problem; as a 
result, police often were reluctant to intervene in cases of domestic 
abuse, even if a woman called them seeking protection or assistance.
    The Government did not provide shelter or counseling for women. In 
Sofia, the NGO Nadya Center provided shelter to battered women, and the 
NGO Animus Association Foundation (AAF) operated a crisis center that 
provided short-term emergency shelter for female victims of violence. 
There were also 15 crisis centers around the country operated by local 
NGOs that provided assistance to female victims of violence. The AAF 
reported that it periodically received client referrals from the 
police. During the year, the IOM reported sheltering 74 women and 9 
girls, and the AAF sheltered approximately 50 women.
    While the law does not specifically address domestic abuse, the 
Parliamentary Committee on Human Rights approved legislation to address 
and combat the problem. The legislation was awaiting final 
parliamentary approval at year's end.
    The AAF operated a 24-hour hotline for women in crisis, including 
victims of trafficking, with trained volunteers as well as professional 
therapists to counsel victims. The hotline also provided volunteers who 
would assist victims in obtaining other necessary services including 
medical exams and treatment, reissued identity documents, and 
information on housing and employment opportunities.
    Rape is a crime and was prosecuted, although it remained an 
underreported crime because of the stigma that society attached to the 
victim. Spousal rape, though not specifically addressed in the penal 
code, can be prosecuted under the general rape statute; however, in 
practice it was rarely prosecuted. Sentences for rape range between 2 
and 8 years' imprisonment; sentences increase to between 3 and 10 years 
if the victim is a descendent relative. In cases where rape results in 
serious bodily injury or suicide of the victim, sentences range between 
10 and 20 years.
    Prostitution is not prohibited by law; however, a variety of 
activities often associated with prostitution, such as pimping, are 
illegal. Forced prostitution is illegal and remained a serious problem. 
Poor socio-economic conditions contributed to a disproportionate number 
of Romani women drawn into organized prostitution.
    Trafficking in women was a serious problem (see Section 5, 
Trafficking).
    The law prohibits sexual harassment; however, it was a widespread 
problem. A survey conducted by the Agency for Social Research (ASR) in 
2002 found that approximately 40 percent of women had suffered sexual 
harassment in the workplace.
    The Constitution prohibits privileges or restrictions of rights on 
the basis of gender, and women were not impeded from owning or managing 
businesses, land, or other real property and do not suffer from 
discrimination under inheritance laws; however, women faced some 
discrimination in terms of job recruitment. The Protection Against 
Discrimination Act prohibits and provides sanctions against gender-
based discrimination.
    The Ministry of Labor and Social Policy (MLSP) had a number of 
programs to address economic discrimination and integrate women into 
the mainstream of society and the economy; much NGO activity also was 
focused on these areas. Of the women's organizations that existed 
mainly to defend women's interests, the two largest were the Women's 
Democratic Union in Bulgaria and the Bulgarian Women's Association.

    Children.--The Government generally was committed to protecting 
children's welfare; however, government efforts in education and health 
were constrained by serious budgetary limitations and by outmoded 
social care structures. The Constitution mandates school attendance 
until the age of 16. Public education was free, but children were 
required to pay for books, which was a problem for poor families. 
Although female and male primary enrollment rates have evened, overall 
enrollment has decreased.
    Romani children and ethnic-Bulgarian children generally attended 
separate schools, partly due to self-imposed segregated neighborhoods, 
although several localities instituted integration programs. Romani 
children received an inferior quality of education. Additionally, the 
Government was largely unsuccessful in attracting and keeping many 
Romani children in school; the NSI and education experts estimated that 
between 8 and 9 percent of Romani children have completed secondary 
education. Many Romani children arrived relatively unprepared for 
schooling; many were not proficient in the Bulgarian language.
    The Government and NGOs undertook initiatives to address these 
problems. They included free lunches, subsidized textbooks and tuition 
costs, teacher's assistants in schools with Roma and ethnic-Turkish 
students, and busing programs.
    Conditions for children in state institutions were poor. Social 
attitudes towards children with disabilities led families to 
institutionalize their children if they had disabilities. In 2002, 
there were 11,834 children in specialized institutions; however, in 
September 2003, the Council of Ministers adopted a National Action Plan 
for Reducing the Number of Children in Institutions, and by the end of 
2003, the number of children in institutions had decreased by 9 percent 
to 10,769. Human rights monitors were sharply critical of the serious 
deficiencies in government-run institutions for children, including 
orphanages, educational reform boarding schools, facilities for 
children with mental disabilities, and shelters for homeless children. 
Inadequate budgets, poorly trained and unqualified staff, and 
inadequate oversight plagued these facilities. Access to medical care 
and proper hygiene was poor.
    Violence against children was a problem.
    During the year, the Act to Combat Juvenile Antisocial Behavior was 
amended to improve due process procedures for juveniles when they were 
detained in educational reform boarding schools run by the Ministry of 
Education and Science (see Section 1.e.). According to NGOs, living 
conditions at these reform schools remained poor, offering few medical, 
educational, or social services. At most of these institutions, 
residents' needs for food, clothing and teaching materials remained 
largely unsatisfied. Mixed-age classes and low levels of staff 
motivation considerably impaired the teaching process.
    Because prostitution is not illegal, children involved in 
prostitution were not officially registered with the MOI's unit for 
juvenile crime. However, they were viewed by the MOI as children at 
risk. In 2003, there were 543 child prostitutes on file with the MOI. 
Child prostitution reportedly was particularly common among Romani 
youth.
    Trafficking in children was a problem (see Section 5, Trafficking).
    Unlike in previous years, there were no reports that Romani 
children were targets of arbitrary police detention. Widespread poverty 
led many Romani children to turn to begging, prostitution, and petty 
crime on the streets.
    As part of the National Strategy for the Children of the Street, 
the State Agency for Child Protection (SACP) introduced a number of 
programs to address the situation of street children. One of these 
programs included putting street children in protective custody. In 
December, the SACP reported that 625 children were known to be either 
living or working on the streets and were primarily involved in 
begging, prostitution, or car window washing; approximately 400 of 
these children were believed to be exploited by adults.

    Trafficking in Persons.--The law prohibits trafficking in persons; 
however, trafficking was a serious problem, and the country remained 
primarily a transit country, and to a lesser extent a country of 
origin. There was no evidence of a pattern of official complicity in 
trafficking, although a number of individual law enforcement officers 
and other government authorities were involved in trafficking.
    In March, the National Assembly passed regulations implementing the 
2003 Antitrafficking Act, which supplemented the 2002 amendment to the 
penal code that made trafficking in persons a criminal offense. The 
package of antitrafficking legislation provides protection and 
assistance to trafficking victims and promotes cooperation between the 
central government, municipal authorities, and NGOs for the development 
of programs to combat trafficking. The National Antitrafficking 
Commission, the primary coordination and policy-making body for 
trafficking issues, was convened and held its first meeting in 
December.
    The punishment for trafficking in persons may include 1 to 8 years 
in prison and fines up to approximately $5,300 (8,000 leva). If 
aggravated circumstances exist--for example, a minor or kidnapping was 
involved--penalties increase to 2 to 10 years in prison and fines of up 
to approximately $6,670 (10,000 leva). Penalties for trafficking 
persons across borders increase to 3 to 10 years' imprisonment and 
fines of up to approximately $10,000 (15,000 leva). If the act of 
trafficking in persons was carried out in connection with organized 
crime or constituted a serious repeat offense, penalties increase to 5 
to 15 years' imprisonment and fines of up to approximately $13,340 
(20,000 leva), and the court could confiscate the traffickers' assets. 
A variety of additional laws could be used to prosecute persons for 
activities often associated with trafficking. Inducement to 
prostitution is punishable by up to 3 years' imprisonment, and the 
penalty rises to 10 to 20 years if the crime was performed by or 
through an organized crime group, if the victim was a minor under age 
18 or legally incompetent, if two or more persons were induced into 
prostitution, or if the offense was repeated. Law enforcement officers 
complained that because the minimum penalty was less than 5 five years' 
imprisonment, they were not permitted to use special investigative 
techniques, such as wiretapping, to deal with traffickers.
    There were two police units, one within the National Border Police 
and the other within the NSBOP, that specifically addressed the problem 
of trafficking in persons. The Government investigated cases of 
trafficking, and prosecutors filed 24 indictments against a number of 
suspected traffickers during the year. The Supreme Court of Cassation 
upheld the November 2003 conviction of rapper Vanko 1 and two of his 
accomplices.
    Victims overwhelmingly were women and girls trafficked for the 
purposes of prostitution. Government authorities and NGO observers 
reported that there were approximately 275 confirmed victims of 
trafficking in 2002 that involved either internal trafficking or 
domestic victims trafficked internationally; however, the actual number 
of cases may be much higher. Women working in the sex industry formed a 
high-risk group for trafficking, and it was not possible to determine 
the number of prostitutes who were trafficking victims. According to 
the IOM and AAF, there were also cases of trafficking in male children.
    Girls and young women were often approached by persons who gained 
their trust, frequently other young women and acquaintances or persons 
introduced by mutual friends, who described glamorous work 
opportunities abroad. Some were sold into bondage to traffickers by 
relatives. Victims of trafficking ranged from those who were deceived 
into believing that they would have good and respectable employment to 
those who expected to work as prostitutes but were unprepared for the 
degree of violence and exploitation to which they would be subjected. 
Unaccompanied young women trying to cross the border into Macedonia, 
Romania, or Turkey reportedly could be at some risk of being abducted 
into trafficking. Organized crime groups were responsible for 
trafficking, although they used various front companies to pose as 
employment agencies or tour operators.
    According to AAF, the process of transforming girls into 
prostitutes generally took place before they left the country. The 
women typically were taken to a large town, where they were isolated, 
beaten, and subjected to severe physical and psychological torture. 
Some victims from other countries were kept in the country for several 
weeks where they were subjected to psychological and physical abuse to 
make them more submissive before they were transported to their 
destination points. Once the women left the country, their identity 
documents were taken away, and they found themselves forced to work as 
prostitutes in cities across Europe. Victims routinely reported that 
traffickers took away their passports and visas and forced them to stay 
illegally in countries. The women could be required to pay back heavy 
financial debts to the agency that helped them depart the country, 
leaving them in virtual indentured servitude. Traffickers punished 
women severely for acts of disobedience and threatened the women's 
families and family reputations to ensure obedience.
    It was widely believed that some law enforcement officers or other 
government authorities were complicit in human trafficking, including 
local authorities and customs officials. The bulk of involvement 
appeared to consist of accepting bribes to look the other way, although 
some officers could have been more involved. Those involved in 
facilitating trafficking overwhelmingly were low-level, low-paid 
officials in the provinces and border regions.
    On November 9, the National Assembly adopted witness protection 
legislation. That includes special protection measures available to 
witnesses, victims, defendants, suspects, convicts, and experts 
providing essential testimony, explanations, or information in 
trafficking cases, as well as their close relatives. Victims of crimes 
associated with trafficking, including participation in an organized 
crime scheme, are also covered by the legislation. Protective measures 
for witnesses range from being provided a personal guard and temporary 
placement in safe houses to changing residence or workplace to changing 
identity in extreme cases. The legislation also provides for witnesses 
to be transferred abroad if there are not sufficient security 
guarantees in country. Victims generally were not jailed, although they 
could be detained for brief periods for questioning until referred to 
an NGO for assistance and, if necessary, repatriation. The law provides 
victims, not in legal immigration status, with the possibility of 
special residency status if they are willing to cooperate with law 
enforcement personnel.
    The AAF operated a 24-hour hotline for women in crisis that 
received 116 calls regarding trafficking of women and children during 
the year.
    In association with NGOs, the Government conducted trafficking 
awareness programs for consular officers posted to Bulgarian embassies 
and law enforcement personnel on the legal provisions relating to 
trafficking in persons as well as the operational and psychological 
treatment for trafficking victims. The IOM continued its trafficking 
awareness campaign that began in 2000. The IOM has developed several 
regional network groupings of police, prosecutors, and concerned NGOs 
to raise awareness of trafficking and offer a referral mechanism that 
provides protection and assistance to returning victims. The Government 
has made available to the IOM several local shelters and safe houses 
(some free of charge, others for a nominal fee) where IOM provides 
housing, protection, and reintegration assistance to victims, including 
those willing to testify in the prosecution of traffickers.

    Persons With Disabilities.--The law provides for a range of 
financial assistance for persons with disabilities, including free 
public transportation, reduced prices on modified automobiles, and free 
equipment such as wheelchairs; however, budgetary constraints limited 
the availability of assistance in practice. A survey in 2002 by the 
Center for Independent Living (CIL) found that approximately 82 percent 
of public buildings were inaccessible to persons with disabilities. 
Societal discrimination against persons with disabilities persisted. 
Persons with disabilities had access to university training (students 
with disabilities were required to pay the university's initial 
application fee but were exempt from tuition fees if accepted), to 
housing, and to employment; however, architectural barriers were a 
great hindrance in many older buildings, including schools and 
universities.
    Conditions in institutions for persons with disabilities were poor. 
NGOs reported that staffing problems, particularly on night shifts in 
institutions for adults, posed significant risk to residents. On 
February 24, Yoncho Filipov Lazarov, a resident in the Govezhda 
facility, died after he was reportedly pushed by an agitated resident. 
The facility reportedly did not conduct an internal inquiry to 
establish the factors involved in the incident.
    There were no developments during the year in the March 2003 case 
of a patient beaten to death at the Bastoshevo social institution for 
adults with mental disabilities, near the city of Sevlievo. There were 
also no further developments in the April 2003 case of a patient 
strangled to death by another patient at the Podgumer social 
institution for adults with disabilities, near Sofia.
    Labor laws intended to protect the interests of persons with 
disabilities and create employment opportunities had mixed results. 
While the law provides incentives for small firms to hire persons with 
disabilities and requires larger businesses to hire a set quota of 
persons with disabilities, enforcement of the law was low and other 
laws--for example, requiring shorter working hours for workers with 
disabilities--often led to discrimination against persons with 
disabilities in the hiring process. High unemployment and a poor 
economy also undermined initiatives aimed at advancing equal 
opportunity for persons with disabilities; the great majority of 
persons with disabilities were unemployed.
    Persons with mental and physical disabilities, including very young 
children, were often separated from the rest of society; the effective 
segregation of children with disabilities into special schools lowered 
the quality of their education. According to the MLSP, over 2,500 
children with disabilities did not attend school; however, according to 
the CIL, the number may have been twice as high, despite new by-laws 
adopted by the Ministry of Education and Science to provide for the 
integrated education of children with disabilities in schools. Many 
children with disabilities were institutionalized. The MLSP operated 30 
institutions for children and youths with disabilities throughout the 
country; 9 of the institutions were for children aged 3 to 10 with 
mental disabilities; 20 of the institutions were for children and 
youths aged 3 to 18 with mental disabilities; the remaining institution 
was for children and youths aged 3 to 25 with physical disabilities.
    The law requires improved structural access for persons with 
disabilities, and public works have taken this into account; however, 
enforcement of this law lagged in existing, unrenovated buildings.

    National/Racial/Ethnic Minorities.--According to a 2001 census, 
ethnic Bulgarians made up 86 percent and ethnic Turks 9 percent of the 
population. Ethnic-Roma were estimated officially to comprise 4.6 
percent of the population; however, their actual share was likely 
between 6 and 7 percent. A Council of Europe report issued in 2002 
estimated that there were 600,000 to 800,000 Roma in the country; 
official statistics estimated the number of Roma at 371,000. Ethnic-
Bulgarian Muslims, often termed Pomaks, are a distinct group of Slavic 
descent whose ancestors converted from Orthodox Christianity to Islam; 
they constituted 2 to 3 percent of the population.
    There were no reports of lethal police assaults on Roma; however, 
police harassed, physically abused, and arbitrarily arrested some Roma, 
and reports of police harassment and torture were documented (see 
Section 1.d.). Little progress was made in resolving cases of police 
violence against Roma.
    Romani activists and NGOs continued to criticize the Government's 
lack of progress in implementing its 1999 Program for Social 
Integration of Roma; however, there were projects that sought to 
improve economic and educational opportunities for Roma, as well as to 
address the problem of ineffectual political leadership among the Roma. 
One program was the Ethnic Integration and Conflict Resolution project 
in Vidin, Kyustendil, and Lom, which provided limited funds to small 
enterprises that employed Roma, undertook activities to reduce Romani 
drop-out rates, provided tutoring for university enrollment exams, and 
created an Institute for Roma Leaders where young Roma could develop 
leadership and conciliation skills. The Government and the European 
Bank for Reconstruction and Development continued to fund the 
construction of new apartments in Sofia for Roma who were displaced in 
2001, and additional construction was carried out in Plovdiv.
    Severe unemployment and poverty among the Roma, combined with 
generally unfavorable attitudes toward Roma among ethnic Bulgarians and 
Turks, contributed to strained relations between the Roma and the rest 
of society.
    As individuals and as an ethnic group, Roma continued to face high 
levels of discrimination. During the summer, in the first of a series 
of discrimination cases under the 2003 Protection Against 
Discrimination Act, the Sofia City Court found in favor of a Romani 
woman who had been refused service in a clothing shop due to racial 
discrimination. Romani Baht reported that five of the six cases it 
filed during the year under the Act were successful.
    During the year, NGOs reported an increased number of racially 
motivated assaults on Roma in Sofia. Youths belonging to skinhead 
groups, aged between 16 and 23, usually perpetrated the assaults. On 
April 30, two men reportedly brutally beat Georgi Angelov, a Rom, and 
cut off his ear with a razor blade. Human rights groups reported that 
the police failed to effectively investigate this and similar 
incidents.
    NGOs reported that Roma encountered difficulties applying for 
social benefits, and local officials discouraged rural Roma from 
claiming land to which they were entitled under the law disbanding 
agricultural collectives. Many Roma and other observers made credible 
allegations that the quality of education offered to Romani children 
was inferior to that afforded most other students. Workplace 
discrimination against minorities continued to be a problem, especially 
for Roma. Employers justified such discrimination on the basis that 
most Roma only had elementary training and little education. Roma 
continued to suffer from inadequate access to health care.
    There were no places reserved for minority candidates at the Police 
Academy; however, there was a special Office for Romani Training 
Programs, and bilingual training manuals were published. Ethnic Turks 
and Roma held no senior law enforcement positions.
    Pomaks remained in an ambiguous position. In the town of Yakoruda, 
local officials refused to recognize Pomak identity, and those calling 
themselves Pomaks or Bulgarian Muslims alleged discrimination by 
government officials.
Section 6. Worker Rights
    a. The Right of Association.--The Constitution provides for the 
right of all workers to form or join trade unions of their choice, and 
workers exercised this right in practice.
    Approximately 18.2 percent of the workforce was unionized; 
according to individual trade unions and the Democratic Trade Unions 
Association, the percentage of the workforce that was unionized 
continued to decrease.
    The Labor Code prohibits antiunion discrimination and includes a 6-
month period for redress against dismissal as a form of retribution; 
however, there was no mechanism other than the courts for resolving 
complaints, and the burden of proof in such cases rested entirely on 
the employee.
    A report by the International Confederation of Free Trade Unions 
(ICFTU) found that unions reported frequent cases of discrimination and 
harassment against trade union activists and members, who were 
relocated, downgraded, or fired. In the private sector, some employers 
had a policy of illegally prohibiting trade union membership within 
their enterprise. There were credible reports that some private 
employers also forced newly employed workers to sign declarations that 
they would not establish or join trade unions. Although such 
declarations were not legally binding, such employers reportedly 
responded to failure to sign or to honor them by not hiring, 
dismissing, or otherwise punishing the employee, and legal recourse 
available to employees was neither swift nor sufficient to deter this 
practice effectively.
    There were reports of cases of employers deducting dues from 
workers' salaries but not passing them on to the unions.

    b. The Right to Organize and Bargain Collectively.--The Labor Code 
provides an adequate legal structure for collective bargaining, which 
was practiced nationally, regionally, and on the local level; however, 
labor unions alleged that many employers failed to bargain in good 
faith or to adhere to agreements that were concluded.
    The ICFTU reported that collective bargaining was not always 
effective in practice. Private employers reportedly often refused to 
negotiate collective agreements, delayed negotiations unnecessarily or 
refused to sign agreements; in other cases, private employers signed 
agreements but did not apply them.
    The Labor Code provides for the right to strike, and workers 
exercised this right in practice; however, key public sector employees 
(primarily military and law enforcement personnel) were subject to a 
blanket prohibition against striking.
    There are no special laws or exemptions from regular labor laws in 
the country's six 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, 
Trafficking). Children were sometimes forced to work due to economic 
conditions, family members, or criminal organizations (see Section 
6.d.).

    d. Prohibition of Child Labor and Minimum Age for Employment.--The 
Labor Code sets the minimum age for employment at 16 years and the 
minimum age for dangerous work at 18 years; employers and the MLSP were 
responsible for enforcing these provisions. Child labor laws generally 
were enforced well in the formal sector, but NGOs reported that 
children were exploited in certain industries (especially small family-
owned shops, textile factories, restaurants, family farms, 
construction, and periodical sales) and by organized crime (notably for 
prostitution and distribution of narcotics).
    On March 16, the National Assembly passed amendments to the 
Criminal Code criminalizing and providing sanctions for illegal 
employment of children. The sanctions for employers who hire a child 
less than age 18 without proper work permits include imprisonment for 6 
months and a fine of approximately $335 (500 leva). If the violation 
concerns children less than 16 years of age, sanctions are increased to 
1-year imprisonment and a fine of approximately $670 (1000 leva). 
During the first 9 months of the year, the MLSP's General Labor 
Inspectorate (GLI) found 130 violations of child labor regulations.
    The Government also approved regulations implementing the 2003 
Child Protection Act, the 2003-05 Action Plan against Commercial Sexual 
Exploitation of Children, and the National Strategy for Children on the 
Street.
    There were no official statistics on child labor. The ILO estimated 
in 2000 that 14 percent of children ages 5 to 17 years were working. 
Children were engaged in paid work outside of the home in the 
commercial and service sectors, agriculture, forestry, transportation, 
communications, industry, and construction. According to the GLI, there 
was an almost 50 percent increase in the number of applications to 
employ children, which the GLI attributed to the criminalization of 
child labor violations. According to the ILO, children's workdays often 
exceeded the 8-hour maximum set by the Labor Code, and sometimes 
children did not receive overtime pay for hours worked. Local NGOs 
reported that children worked on non-family-owned farms for meager 
monetary or in-kind wages such as food, and that institutionalized 
children often hired themselves out for agricultural labor for a modest 
income during periods when they were allowed out of residential 
facilities.
    ``Worst forms'' of child labor were infrequent, but continued to 
include hired heavy physical labor and health hazards on family tobacco 
farms, particularly among the ethnic-Turkish minority. During the year, 
the Government started participation in a regional ILO program to 
eliminate worst forms of child labor, including educational campaigns 
about the effects of child labor and implementing interventions aimed 
to protect, withdraw, rehabilitate, and reintegrate children engaged in 
the worst forms of child labor.

    e. Acceptable Conditions of Work.--The national monthly minimum 
wage of approximately $80 (120 leva) did not provide a decent standard 
of living for workers and their family.
    The Labor Code provides for a standard workweek of 40 hours with at 
least one 24-hour rest period per week. The MLSP was responsible for 
enforcing both the minimum wage and the standard workweek. Premium pay 
for hours worked over 40 per week was supposed to be negotiated between 
employers and employees. The Labor Code stipulates that premium pay for 
overtime could not be less than 150 percent during workdays, 175 
percent during weekends, and 200 percent during official holidays. The 
Labor Code prohibits overtime for children less than age 18, pregnant 
women, and women with children up to age 6. During the year, amendments 
adopted to the Labor Code required a minimum 24-hour rest period, in 
addition to premium compensation, for overtime hours worked during the 
weekend. Enforcement generally was effective in the state sector but 
was weaker in the private sector.
    There was a national labor safety program, with standards 
established by the Labor Code. The Constitution states that employees 
are entitled to healthy and nonhazardous working conditions, and the 
MLSP was responsible for enforcing these provisions. However, 
conditions in many cases continued to worsen due to budget constraints 
and the growth of a private sector that labor inspectors did not 
supervise effectively. Protective clothing often was absent from 
hazardous areas. The law requires joint employer and labor health and 
safety committees to monitor workplace conditions; however, 
implementation was slow and these committees remained in developmental 
stages at year's end.
    Under the Labor Code, employees have the right to remove themselves 
from work situations that present a serious or immediate danger to life 
or health without jeopardy to their continued employment; however, in 
practice, refusal to work in such situations could result in the loss 
of employment.

                               __________

                                CROATIA

    The Republic of Croatia is a constitutional parliamentary democracy 
with an independent presidency. The President, Stjepan Mesic, formerly 
of the Croatian People's Party, but now independent, serves as head of 
state and commander of the armed forces, oversees foreign policy and 
the intelligence service, and nominates the Prime Minister who leads 
the Government. The November 2003 parliamentary elections were 
generally free and fair, despite some irregularities. The Constitution 
provides for an independent judiciary; however, the judiciary continued 
to suffer from political influence at the local level.
    The Ministry of Interior (MUP) oversees the civilian national 
police, and the Ministry of Defense oversees the military and military 
police. The national police has primary responsibility for internal 
security; in times of disorder, the Government and President may call 
upon the military to provide security. Civilian authorities maintained 
effective control of the security forces. Some members of the security 
forces committed isolated human rights abuses.
    The Government worked towards creating a market-based economy. The 
population of the country was approximately 4.4 million and real gross 
domestic product increased by 3.7 percent. According to the 
International Labor Organization (ILO), the average unemployment rate 
was 13.8 percent. Wages kept pace with inflation.
    The Government generally respected the human rights of its 
citizens; however, there were problems in some areas. Twenty-five 
ethnic Serbs remained incarcerated after being convicted in 
nontransparent politicized trials in past years. Lower courts were 
occasionally subject to political influence, and the judicial system 
suffered from bureaucratic inefficiency, insufficient funding, and a 
severe backlog of cases. The Government made efforts to address the 
problem of witnesses sometimes changing their testimony due to 
intimidation and an often-hostile local public. The Courts largely 
discontinued the practice of pursuing mass and in absentia trials. 
Restitution of occupied property to refugees (mostly ethnic Serbs) 
returning to the country improved during the year, with most (all but 
54) illegally occupied properties vacated; however, while significant 
progress occurred, property restitution remained a problem. The 
Government did not interfere in the editorial decisions of the print 
media; however, electronic media was susceptible to political pressure 
and attempts were made to influence reporting on the two national 
television stations. Governmental interference in the formation and 
operation of associations and nongovernmental organizations (NGOs) was 
limited. Restitution of nationalized property from the Second World War 
era remained a significant unresolved problem for all religious 
communities. There were some incidents of violence and harassment of 
religious minorities. Cooperation with the International Tribunal for 
the former Yugoslavia (ICTY) improved noticeably, although questions 
remained regarding the Government's ability to apprehend and deliver a 
prominent Croatian indicted for war crimes. Violence and discrimination 
against women occurred. Occasional violence continued toward ethnic 
minorities, particularly Serbs and Roma; some faced serious 
discrimination. Ethnic tensions in the war affected areas were less 
pronounced than in previous years, and abuses, including ethnically 
motivated harassment and assaults, occurred less frequently. 
Trafficking in women was a problem.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        from:
    a. Arbitrary or Unlawful Deprivation of Life.--There were no 
reports of the arbitrary or unlawful deprivation of life committed by 
the Government or its agents.
    Domestic courts continued to adjudicate cases arising from the 
1991-95 conflict in the country and Bosnia and Herzegovina (BiH) (see 
Section 1.e.).
    During the year, 14 persons were killed, 13 of whom were civilians, 
in landmine incidents in the regions of Karlovac, Sisak, Vukovar, 
Osijek, Slavonski Brod, and Zadar.

    b. Disappearance.--There were no reports of politically motivated 
disappearances.
    Government figures during the year showed that 1,176 persons, 
mostly ethnic Croats, and 820 ethnic Serbs remained missing in 
unresolved cases from the 1991-95 military conflict. Of the 3,999 
victims that have been exhumed from mass and individual graves since 
the war, 3,187 have been positively identified. The International 
Commission on Missing Persons (ICMP) assisted in the recovery and 
identification of individuals' remains and helping families of missing 
persons.
    During the year, the bodies of 74 persons missing from the 1991-95 
war were exhumed from mass and individual graves. The Government 
handled all exhumations and identifications, with the ICTY and 
international experts serving primarily as monitors.
    In November, the Bureau for Missing Persons collaborated with the 
ICMP on a project to take blood samples from approximately 750 family 
members of persons who were missing in BiH, Serbia and Montenegro (SaM) 
and in the country. The European Union (EU) funded the procedure. The 
Bureau also signed an agreement on a joint longer-term project with the 
ICMP to exchange blood samples of the missing persons' families.

    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.
    NGOs and individuals reported sporadic police abuse and 
discriminatory treatment demonstrated toward ethnic minorities. For 
example, in March, three special police members beat an ethnic Serb 
trainee at the Zagreb Police Academy sports facility. In July, the 
police issued a report against the perpetrators for physical assault in 
a public place, but no disciplinary measures were undertaken pending 
the misdemeanor court ruling on the case.
    In April, a young man reported to the Croatian Helsinki Committee 
(HHO) that that police in Rijeka beat him and pressured him to withdraw 
power of attorney. The Internal Control unit of the police confirmed 
that coercive measures were used but stated that it was because he 
resisted arrest and attacked police officials. The man reported the 
incident to the HHO which followed the case; however, after receiving 
the response from police, no further action was taken by any party. In 
July, two policemen in Varazdin beat a young man during questioning, 
causing internal bleeding that required surgery. The case was widely 
publicized, and the media reported that the police took 1 week to 
identify the officers responsible. The trial of the suspected officers 
was ongoing at year's end.
    In December, two police officers from Vinkovci reportedly 
physically harassed and injured two men during an interrogation. The 
officers were disciplined for failure to report to their superiors on 
the interrogation. The Vukovar County police issued an apology, but 
denied that the injuries could have been inflicted during the 
interrogation. In December, the head of the opposition party sent an 
open letter to the Minister of Interior complaining about police 
violating human rights, overstepping their authority, and sanctioning 
those responsible only after the media reported the incidents. The 
police officially denied the allegations as a result of lack of 
information.
    OSCE follow-up failed to confirm anecdotal reports of poor police 
performance during eviction proceedings and court-ordered action.
    Prison conditions generally met international standards, and the 
Government permitted visits by independent human rights observers. Men 
and women, juveniles and adults, and pretrial detainees and convicted 
prisoners were held separately.

    d. Arbitrary Arrest or Detention.--The Constitution prohibits 
arbitrary arrest and detention and the Government generally observed 
these prohibitions in practice; however, there continued to be isolated 
reports that judges issued arrest warrants in war crimes cases on 
ethnic grounds.
    There are approximately 21,000 police officers under the authority 
of the MUP. The intelligence service is under the authority of the 
Government and President. An independent oversight board monitors 
intelligence service performance.
    Some tension continued at reduced levels between ethnic Serb and 
Croat police officers, particularly in the Danube region. The 
Government appeared to fulfill its obligation under the 1995 Erdut 
Agreement to maintain proportionality in the numbers of ethnic Serb and 
Croat police officers in Eastern Slavonia; however, minority 
representation in the police outside Eastern Slavonia remained 
negligible, and the Government had not fully implemented provisions in 
the Constitutional Law on National Minorities that require the hiring 
of minorities by year's end. Approximately 3 percent of the force were 
minorities. Of the 277 police recruits that completed training during 
the year, 20 percent were women and ethnic minorities.
    International observers and human rights organizations generally 
praised the police for their integrity; however, corruption was 
believed to be a lingering problem among some police officers. In 
September, two senior police officers in Zagreb were arrested by 
authorities on corruption charges. The Ministry of Internal Affairs 
continued to update and codify rules of ethical police conduct and 
improve the capabilities of the police internal control section. 
Reforms were needed in the Ministry of Finance, to which the Customs 
Service reports, to improve ethical standards and internal control 
capabilities.
    Weak police performance, including poor investigative techniques, 
insensitivity to ethnic issues, indecisive middle management, and 
susceptibility to pressure from hard-line local politicians, remained a 
problem, despite Government efforts to address it. These factors 
impeded development of local police capability. Throughout the year, 
the Ministry of Internal Affairs in coordination with the Organization 
for Security and Cooperation in Europe (OSCE) expanded a comprehensive 
program of police reforms, in part to extend community policing pilot 
programs to all regions of the country. In July, the Police Academy 
graduated its first training class under a completely redesigned basic 
police school developed with international assistance. During the year, 
the Police Directorate of the Ministry of Internal Affairs expanded on 
programs to provide in-service training for all active police officers; 
the goal of these programs was to ensure that every individual police 
officer received some form of advanced or refresher training at least 
once a year.
    Police normally obtain arrest warrants by presenting evidence of 
probable cause to an investigative magistrate; however, police can make 
arrests without a warrant if they believe a suspect might flee, destroy 
evidence, or commit other crimes. The police have 24 hours to justify 
an arrest to a magistrate.
    Detainees must be given access to an attorney of their choice 
within 24 hours of their arrest; if they have none and are charged with 
a crime for which the sentence is over 10 years' imprisonment, the 
magistrate appoints counsel. The Government generally enforced this in 
practice. The magistrate must decide whether to extend a detention for 
further investigation within 48 hours of an arrest. Investigative 
detention generally lasts up to 30 days; however, trial courts could 
extend the period up to 12 months in certain cases. Detainees may be 
released on their own recognizance pending further proceedings; 
however, most criminal suspects were held in custody pending trial. The 
option of posting bail after an indictment is available, but was not 
commonly exercised. Detainees are also allowed visits by family 
members.
    On occasion, government officials failed to inform individuals of 
their rights. For example, in October, Intelligence Service counter-
intelligence agents interrogated a freelance reporter without fully 
informing her of her rights. The Parliamentary Committee on Human 
Rights found that the Intelligence Service had violated her civil 
rights and, as a result, the head of the Counter-Intelligence Agency 
was removed in December.
    There were several war crimes cases in which suspects were held in 
pretrial detention for several months on weak evidence.
    The failure of some courts to issue timely written verdicts 
infringed on the appeals process and was a major cause of extended 
detention. Between January and October, the Constitutional Court issued 
165 judgments finding unreasonable delays in lower and Supreme Court 
rulings and ordered the Government to pay $272,000 (202,000 euros) in 
damages. This constituted nearly four times the number of similar 
rulings issued in 2003.
    Arrests of ethnic Serbs for war crimes continued, but decreased 
throughout the year. Of the 23 Serbs arrested during the first 10 
months of the year, 21 were subsequently released. In most cases, the 
Government dropped charges against the accused or granted amnesty. 
Prosecutors generally moved more quickly than in previous years to 
initiate criminal proceedings or drop charges altogether and free 
suspects, although delays still occurred at all stages of the judicial 
process. In some cases, lower courts failed to issue written verdicts 
in a timely manner, delaying the appeals process. Some courts also 
failed to promptly recommence proceedings when the Supreme Court called 
for a retrial. The Supreme Court also exceeded the 3-month period in 
which it must consider appeals when the defendant is in detention. In 
most cases of arrest on war crimes charges, the subject was released a 
few days after charges were dropped; however, in other cases, persons 
were detained for longer periods.
    Although international observers noted some improvements during the 
year, several ethnic Serb defendants convicted in absentia or at 
nontransparent trials continued to be held in detention for extended 
periods while their appeals progressed slowly through the overburdened 
judicial system (see Section 1.e.).

    e. Denial of Fair Public Trial.--The Constitution provides for an 
independent judiciary; however, the judiciary continued to suffer from 
some political influence a backlog of approximately 1 million cases, 
and funding and training shortfalls.
    Although the Constitution provides for the right to a fair trial 
and a variety of due process rights in the courts, the Constitutional 
Court determined that at times citizens were denied these rights and 
took corrective action. Excessive delays remained a problem; 
increasingly, the Constitutional Court awarded damages to persons whose 
trial had continued for numerous years without a decision. During the 
year, the European Court for Human Rights (ECHR) sanctioned the 
Government twice for unreasonable delays in property repossession 
cases. Additionally, the Government at times ignored Constitutional 
Court decisions, particularly with regard to the privatization of 
property. The ECHR adjudicated 22 cases against the Government and 
found violations in 20 cases. Most lawsuits were filed for lengthy 
trials, inaccessibility to the courts and damages caused by terrorist 
acts committed by the army and police. Out-of-court settlements were 
reached in an additional 44 cases.
    The judicial system consists of municipal and county courts, 
commercial and misdemeanor courts, an administrative court, and the 
Supreme Court. The independent Constitutional Court determines the 
constitutionality of laws, governmental acts, and elections. Justices 
of the Constitutional Court are elected for 8-year terms by Parliament, 
while all other judges are appointed for life after a 5-year interim 
term. A parallel commercial court system adjudicates commercial and 
contractual disputes. The State Judicial Council (which consists of 11 
members, including 7 judges, who serve 8-year terms) is independent of 
both the judiciary and the Ministry of Justice and is charged with the 
appointment and disciplinary of judges, including removal. The Chief 
State Prosecutor is appointed by Parliament and appoints the chief 
state attorneys at the county and municipal level; Deputy Prosecutors 
are appointed and disciplined by the High Prosecutorial Council.
    Serb leaders continued to express concern about discrimination in 
the appointment of judges and reported that, on occasion, the State 
Judicial Council has either refused candidates or left positions vacant 
rather than appoint ethnic Serbs.
    There continued to be isolated reports of political influence at 
the local level. Some judges made decisions in a nontransparent manner 
seemingly at odds with the evidence or the law. In August, the Supreme 
Court voided the not-guilty verdict and ordered a retrial in the Lora 
Prison war crimes case. Split County Court judge Slavko Lozina was 
criticized by the Court for his performance as presiding magistrate in 
the case against ethnic Croat prison guards charged with abuse and 
murder of ethnic Serb prisoners of war.
    The inexperience and lack of systematic training programs, 
management standards, and systems for new judges, continued to be 
problematic. In March, the Ministry of Justice invested additional 
resources into the Judicial Academy (opened originally as the Center 
for the Professional Development of Judges and Other Justice 
Officials), which began implementing a continuing education program for 
judges.
    Contributing to the judiciary's case backlog was the regular 
appointment of judges to serve on ad-hoc electoral commissions, 
reducing their time in the courtroom by as much as 20 percent. By 
year's end, the Government had not taken action on an OSCE 
recommendation to establish a permanent electoral commission.
    Domestic courts continued to adjudicate cases arising from the 
1991-95 war. Despite the increased number of war crime cases opened 
against police officers and members of the armed forces, questions 
remained about the criminal justice system's ability to conduct fair 
and transparent trials in these complex and emotionally charged cases. 
Observers blamed inadequate training, shortcomings in the legal code, 
frequent witness intimidation, and an often-hostile local public for 
hampering the war crimes adjudication process. In cooperation with the 
ICTY, the Ministry of Justice held a series of seminars from May to 
October to help prepare the judiciary to take on war crimes cases 
transferred from the ICTY.
    International observers noted some improvement in the objectivity 
in war crimes decisions, but continued to express concern that the 
system was ethnically biased. Although improvements occurred in 2003, 
the OSCE concluded that war crimes prosecutions continued to be 
motivated more by ethnic considerations than by the impartial 
administration of justice.
    Although the number of individuals facing war crimes prosecution 
during the year decreased compared to 2002 and 2003, the majority of 
defendants remained ethnic Serbs. There was still a significantly 
different rate of conviction and acquittal depending on the ethnic 
identity of the defendant; 67 percent of all ethnic Serbs were found 
guilty, whereas only 25 percent of Croats were found guilty. In 
addition, from January to October, Serbs represented 23 of 27 persons 
arrested, 3 of 3 indicted, 85 of 105 on trial, 9 of 12 acquitted, and 
18 of 20 convicted. In absentia proceedings, despite some efforts to 
curtail the practice, were applied almost exclusively to ethnic Serb 
defendants.
    During the year, the Parliament adopted amendments to the criminal 
code to bring legal definitions of war crimes into line with 
international conventions, ensuring the admissibility of ICTY evidence 
in the courts and introducing provisions covering command 
responsibility and assistance to perpetrators of war crimes. At year's 
end, it remained unclear whether these changes could be applied 
retroactively to cases stemming from the 1991-95 conflict.
    In 6 of 20 war crimes convictions during the year, the county 
courts issued sentences below the 5-year minimum sentence. Two-thirds 
of all appeals during the year resulted in reversal of trial verdicts 
and remand for a new trial, primarily for the failure of the lower 
court to establish facts properly. There were no reported instances of 
court verdicts containing inflammatory and derogatory remarks about 
ethnic minorities, an improvement from the previous year.
    In August, the Supreme Court overturned the Split Country Court 
acquittal in the high profile Lora war crimes case, noting that the 
lower court had incompletely established facts and excluded crucial 
evidence. A new trial of the eight Croatian soldiers accused of the 
torture and murder of ethnic Serb prisoners was pending at year's end. 
While the panel of judges changed, the Split County Court continued to 
show bias in favor of the defendants, ruling in September against 
pretrial detention of the suspects, despite their previous failure to 
appear in court. When the Supreme Court overturned this decision in 
October, police were only able to apprehend four of the eight suspects. 
At year's end, the Supreme Court directed the State Prosecutor to 
broaden the indictment to include criminal acts committed against 
prisoners of war.
    In March, the Supreme Court affirmed the 20-year prison sentence of 
Bosnian Fikret Abdic for the deaths of 121 civilian detainees and 3 
military prisoners between 1993 and 1995.
    In April, Lieutenant Nikola Ivankovic was sentenced to 12 years in 
prison in the Paulin Dvor case for participation in the 1991 killing of 
19 ethnic Serb civilians. A second defendant, Sergeant Enes Viteskic, 
was acquitted. The victims were killed in Paulin Dvor in Eastern 
Slavonia and buried at a military warehouse. In 1997, their remains 
were secretly transferred to a mass grave near Gospic, where they were 
discovered by ICTY and Government investigators. The court had not 
issued a written verdict by year's end, delaying Ivankovic's appeal. 
The Government has not pursued any case regarding the transfer of the 
remains.
    In June, Stanislov Gavron, a former member of the Croatian special 
police unit, was acquitted by the Sisak County Court in the killing of 
a Serb civilian in 1992.
    In July, the Vukovar County Court convicted six Serbs in the Borovo 
group for war crimes against civilians, sentencing them from 7 to 15 
years in prison. The Humanitarian Law Center, a Belgrade-based NGO, 
monitored the proceedings and concluded that the procedures met the 
standards of a fair trial; however, there were some irregularities 
regarding the atmosphere in the courtroom.
    In September, the second retrial of Mihajlo Hrastov, a former 
Croatian member of the Karlovac Police Special Forces, for the murder 
of 13 unarmed Yugoslav National Army prisoners of war near Karlovac in 
1991, began at the Karlovac County Court. The Supreme Court overturned 
two previous acquittals of Hrastov.
    Although OSCE observers reported that Hrastov supporters in the 
courtroom continued to create an atmosphere of intimidation for 
prosecution witnesses and court officials, the Supreme Court denied the 
Prosecutor's request to relocate the trial.
    In October, the Gospic County Court acquitted Serb Nikola 
Cvjeticanin for war crimes against civilians after 33 months of 
detention. While his 2002 conviction was overturned by the Supreme 
Court in 2003, the County Court did not begin his retrial until May.
    The appeal of the acquittal of four retired Croatian soldiers, 
charged with killing two elderly Serb civilians near Sibenik in 1995, 
remained pending before the Supreme Court.
    Bilateral legal discussions on the arrest and extradition from 
Australia of former policeman Antun Gudelj, who was convicted and then 
improperly amnestied in 1997 for the 1991 murder of Osijek police chief 
Josip Reihl-Kir, continued at year's end.
    The 1996 Law on General Amnesty does not apply to war crimes. When 
investigations failed to substantiate original charges of war crimes, 
courts have lowered charges and convicted defendants, allowing them to 
grant defendants amnesty. This resolves the case for the court without 
further investigation and allows the defendant to go free, but 
disregards the future repercussions this criminal record may have on 
potentially innocent defendants, particularly in seeking employment.
    In October, the chief State Prosecutor completed a case-by-case 
review of open war crimes investigations. Approximately 2,000 cases 
were dropped as a result of the 2-year review, while 1,900 remain 
pending.
    Most courts discontinued the practice of convicting persons in mass 
in absentia trials, in part due to efforts by the chief State 
Prosecutor and the Minister of Justice. In cases monitored by the OSCE 
during the year, five convictions were in absentia, all ethnic Serbs. 
Defendants convicted in absentia regularly made use of their guaranteed 
right for a retrial.
    In September, the Gospic County Court acquitted ethnic Serb Dane 
Serdar in a retrial of his in absentia war crimes conviction in 1994. 
Serdar spent 11 months in detention after returning to the country in 
2003, leading the State Judicial Council to fine County Court President 
Pavle Rukavina for delays in calling a retrial.
    The Vukovar County Court trial against 18 former members of a Serb 
paramilitary unit who were charged with genocide and war crimes in the 
1991 attack and subsequent occupation of the town of Lovas in Eastern 
Slavonia continued at year's end. Only one of the accused was present 
during the trial.
    In October, the Zadar County Court acquitted Milenko Radak, former 
commander of a Serb rebel unit, for war crimes against civilians in the 
village of Skabrnja in 1991. Although the court determined Radak 
participated in the attack on the village, testimony indicated that he 
had not played a role in the execution of civilians. Radak spent 15 
months in detention.
    At year's end, approximately 21 individuals remained incarcerated 
on war crimes or related charges based on politicized or nontransparent 
trials. For those who had exhausted their appeal procedures, there was 
no mechanism to review their cases other than seeking pardons. There 
were no other reports of prisoners incarcerated in politicized trials.
    In cases regarding property claims, the laws implicitly favor 
ethnic Croats over ethnic Serbs. Approximately 1,750 mostly ethnic Serb 
property owners, who fled homes that were later occupied by ethnic 
Croats, were unable to access their property. The Government estimated 
that 54 houses remained illegally occupied, while the majority are 
legally occupied until the Government can provide a suitable 
alternative to the temporary occupant. Damage and looting of property 
prevented habitation of returned properties. Backlogs in the judicial 
system were a further impediment to timely resolution of housing 
disputes.
    In March, the Government established a commission to expedite 
implementation of an agreement with the ethnic Serb party to resolve 
refugee returns issues. During the year, the Government intensified its 
refugee return efforts, particularly in the areas of reconstruction and 
repossession of illegally occupied homes.
    During the year, the Government made significant progress in 
providing reconstruction assistance, with approximately 80 percent 
going to ethnic Serbs; however, the Government did not implement its 
plan to facilitate the return of largely ethnic Serb refugees by making 
available state housing to those who previously enjoyed occupancy and 
tenancy rights outside war-affected areas in the former Socialist 
Republic of Croatia. The Government began a public information campaign 
in September and extended the deadline for applications from potential 
beneficiaries for areas outside war-affected areas until September 
2005.
    In July, the ECHR determined that termination of one holder's 
occupancy or tenancy rights did not violate the right to a home or to 
peaceful enjoyment of possessions. Despite that decision, the 
Government reconfirmed its interest in providing a housing solution for 
all who seek one. In December, the ECHR accepted the case for referral 
to the Grand Chamber at the applicant's request.
    The 2002 amendments to the Laws on Areas of Special State Concern 
(LASSC) introduced measures designed to facilitate property 
restitution, in practice the law continues to subordinate the rights of 
private property owners to those of temporary users. The Government has 
evicted most illegal occupiers of private property. In cases of legal 
occupancy, physical repossession of a property by its rightful owner 
occurred only when the occupier decided that he or she no longer needed 
the property.
    The State Attorney is responsible for conducting the eviction 
process against those who are illegally occupying houses; however, 
prosecutors on occasion did not initiate lawsuits against individuals 
who refused to vacate occupied premises.
    The LASSC obligated the Office of Displaced Persons and Refugees to 
make administrative decisions on repossession. The amended law further 
obligates the Government to pay compensation to the legitimate owners 
if it failed to return their properties physically by December 2003; 
however, approximately 1,500 of 4,000 eligible owners received a 
compensation payment.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The Constitution prohibits such actions, and the 
Government generally respected these prohibitions in practice.
    Police were sometimes unwilling to intervene in housing disputes, 
which occasionally involved attack against property, looting, and arson 
(see Section 5). There were allegations that the police did not always 
remain impartial and uphold the law when it came to housing disputes 
between ethnic Croats and ethnic Serbs. For example, in Vojnic, police 
did not intervene on any occasion, despite requests from the original 
owner that the property was being damaged and that an illegal occupant 
renovated the property without proper permits. He continued to use it 
for business purposes and was offered alternative housing, but refused 
to vacate. Also, near Hrvatski Kostajnica, when a woman whose home was 
being looted called police, they took no action, indicating that they 
would not take action unless the incident became violent.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The Constitution provides for 
freedom of speech and the press, and the Government generally respected 
these rights in practice and did not restrict academic freedom; 
however, government officials attempted to influence national 
television.
    The privately owned Tisak distributed approximately 75 percent of 
the print media. Foreign newspapers and journals were available in 
urban areas throughout the country; however, they remained largely 
inaccessible to many persons due to their high cost. The Government 
owned and operated the national television and radio network (HRT), 
which produced the daily newspaper of record. Political parties, 
private companies (some foreign-owned), and the Government owned or 
influenced various newspaper and magazine outlets.
    Print media were becoming increasingly susceptible to promoting 
media owners' political and business interests. Media experts indicated 
that while political pressure on the media was decreasing, the public 
was increasingly subject to reporting described as contrary to the law, 
to morals and ethics. These same experts also reported that money was 
increasingly controlling and influencing media impartiality, making 
journalists vulnerable to pressure by owners and editors.
    Despite the 1-year old media law, transparency in media ownership 
has not been fully achieved.
    The Government did not interfere in the editorial decisions of the 
print media; print media were more susceptible to media owners' 
political and business interests, and increasingly became tools of 
various interest groups. In July, the HHO reported that political 
pressure on the media continued to decrease, but that unethical 
reporting remained a problem. During the year, one media expert also 
expressed concern because of the lack of transparency in media outlets, 
for example in ownership structures and financial resources.
    Independent television and radio stations existed in the country. 
Two out of three national television stations are private television 
stations. The first commercial television station, Nova TV, was sold to 
Central European Media Enterprises (CME) in July. RTL TV started 
broadcasting in April. They, along with public HRT, broadcast on the 
national level and broadcast daily independent news programs.
    There were reports of incidents involving Government officials who 
tried to influence reporters of the national television service, HRT. 
In May, a cabinet minister and one of two vice presidents called HRT 
during broadcast and demanded that the program editor immediately deny 
a story that was being aired and threatened to impose a value-added tax 
on the national television subscription fee. In a July television 
interview, the same official hinted that the HRT television journalist 
was an ethnic Serb and thus inimical to Government projects. There were 
also reports of the other Government vice president calling a HRT 
television editor and asking them to change a story. In July, a Deputy 
Prime Minister phoned a HTV journalist before the airing of a story 
claiming that the Government had failed on its promise to establish an 
alimony fund. The Deputy tried to convince the journalist to change the 
story, although she did not threaten the journalist.
    According to HRT's own opinion poll in October, approximately 35 
percent of the population relied on the Government-owned evening news 
program (HTV). While both privately-owned national television stations, 
Nova TV and RTL, were primarily entertainment stations with limited 
news offerings, more persons started watching their news programs, 
draining viewers from HRT/HTV.
    In September, the Speaker of the Parliament expressed 
dissatisfaction with HRT's television news programs and announced that 
the legislation governing HRT should be changed so that it would result 
in personnel changes at HRT's television news services. The leadership 
met with HTV representatives to convey numerous objections to HRT's 
television coverage, and threatened to abolish HRT's subscription fee 
if the situation did not improve. The HHO Media Council and the 
Association of Croatian Judges (UHS) condemned the meeting as attempted 
political interference in television programming. The press did not 
report any such condemnation, but the HHO leader and UHS President said 
in separate phone interviews that they held the Speaker of Parliament 
responsible for what happened.
    Local electronic media was susceptible to political pressure since 
most outlets were at least partially owned by local Government. 
Approximately 70 percent of the media was partly or fully owned by 
local government authorities and, depending on ownership share, was 
susceptible to pressure. Approximately 46 percent of local radio 
stations depended financially on the support of local authorities and 
their annual conference, journalists expressed belief that some of 
their colleagues practiced self-censorship as a result.
    In August, a Slobodna Dalmacija journalist claimed to have received 
death threats from the head of the Lovinac town branch of the ruling 
political party, HDZ. The official allegedly threatened her with bodily 
harm because he was displeased with her article that said that he 
belonged to the committee that decided to erect a monument in a nearby 
town to the World War II Ustasha official Mile Budak. Police filed 
charges against the official, who denied the allegations. The national-
level deputy speaker of HDZ announced that the official would face 
political consequences if the charges were proven.
    Parliament passed a new media law on April 30, which aims to ensure 
independence of the media, protect the source of information and 
copyrights, and limit concentration of ownership in the print media 
market. However, the new law does not include sanctions against 
journalists who refuse to reveal their sources.
    Despite a 2001 amendment to the Criminal Code aimed to 
decriminalize it, libel remained a criminal offense. A large number of 
libel cases from previous years remained unresolved due to the 
inefficient judicial system. In recent years, there were no reports of 
politically motivated verdicts in libel cases; however, in July, the 
OSCE expressed concern that a journalist was sentenced to prison for 
libel. The Split Municipal Court sentenced journalist Ljubica Letinic 
to a 2-month suspended prison term. In another case, the editor-in-
chief of the former Novi Brodski List refused to pay a fine for libel 
and thus was required to serve a prison term.
    The Croatian Journalists' Association (HND) agreed in part, that 
slander and libel should be eliminated from the Criminal Code and 
instead be regulated by the Civil Code. However, the Government took no 
steps to decriminalize it during the year.
    Although the Croatian News Agency (HINA) became a public 
institution in 2001, by year's end, the Government still provided most 
of its funding, making it parastatal, even though the Government did 
not control its news content.
    The Government did not restrict access to the Internet.

    b. Freedom of Peaceful Assembly and Association.--The Constitution 
provides for freedom of assembly, and the Government generally 
respected this right in practice.
    The law permits assembly for registered demonstrations at approved 
locations; while the process for approving or denying the registration 
of an assembly was not transparent, there were no reports that it was 
used discriminatorily. During the year, there were several peaceful 
demonstrations and marches throughout the country organized by labor 
groups and farmers' opposed to government policies.
    The Constitution provides for the right of association, and the 
Government generally respected this right in practice.
    Although the Law on Associations provides for these rights, the Law 
on Funds and Foundations grants discretionary power to the Ministry of 
Justice over the establishment and internal governance of foundations. 
While the law was applied equally to all, the law itself is restrictive 
and controlling. For example, the law provides that organizations will 
not be entered into the registry if their statutory goals are deemed 
trivial or if their property is not deemed sufficient to carry out 
their statutory activities. The Government also is permitted notable 
influence in the appointment of the organization's management body. 
According to the Ministry, registration of a foundation takes up to 6 
months, provided that all submitted documents were in order. Currently, 
71 foundations are registered.

    c. Freedom of Religion.--The Constitution provides for freedom of 
religion, and the Government generally respected this right in 
practice.
    There is no official state religion; however, the Roman Catholic 
Church enjoyed a historic relationship with the State that was not 
shared by other religious groups. Other religious groups also have 
agreements with the State, that grant benefits similar to those enjoyed 
by the Catholic Church. State financing of salaries of religious 
workers; provision of spiritual counseling in state institutions such 
as the army, police, and prisons; and the recognition of religious 
marriages were among the main points of the agreements. The Government 
offered a similar agreement to the Jewish community; however, its 
signing fell through in 2003 over the key issue of return of 
nationalized property and remained unresolved by year's end.
    In 2003, the Government approved a regulation on the registration 
of religious communities, granting them the status of a legal person. 
The Government reported that it registered 10 religious communities 
during the year, which brought the overall number of those registered 
to 38.
    The Government required that religious training be provided in 
schools, although attendance was optional. Eighty-five percent of the 
population was Roman Catholic. As stipulated in all agreements signed 
with religious communities, schools that met the necessary quota of 
seven students of a minority faith per class offered separate religion 
classes for the students. In cases where there were not sufficient 
numbers of students of a minority faith to warrant separate classes, 
students could exercise the option of receiving religious instruction 
through their religious community.
    Little progress was made in the restitution of nationalized 
property to most major religious communities. The Bishopric Conference 
reported that the joint sub-commission for property restitution to the 
Catholic Church was active during the year and, while the Government 
acted in good faith, results varied in different bishoprics. In June, 
in exchange for nationalized property, the Church took over a former 
hospital building in Osijek. In September, Rijeka University provided 
the Church with a building to compensate for the church-owned property 
that it has been using.
    The Serbian Orthodox Church, the second largest claimant of 
property after the Catholic Church, reported that its joint restitution 
sub-commission with the Government had not met with the Government 
during the year. In June, it reported one restitution, that of a 
building that houses County offices in Karlovac. According to sources, 
the current Government made no progress in reconstruction of some 25 
churches that the previous Government approved and for which it had 
begun project documentation. However, the Government approved funding 
in November for reconstruction of the St. Nicholas church in the center 
of Karlovac. Reports indicated continued improvement of the general 
atmosphere and cooperation with the Government, but noted a lack of 
concrete results. Similarly, the Jewish community has not recovered a 
synagogue in Bjelovar, properties in Zagreb, or holiday resort 
buildings in Ravna Gora and Crikvenica. In June, the Jewish community 
of Osijek repossessed land in Vukovar where a synagogue was once 
located. In June, a member of the municipal council in Dubrovnik 
commented on a potential Jewish hotel investor that when ``choosing 
between Serbs and Jews, Jews were still a greater evil.'' Local 
authorities and the Government condemned the comments; the local branch 
of the ruling HDZ party took no disciplinary action against the party 
member.
    Despite overall reports of increasing tolerance towards Orthodox 
Serbs, sources reported that the climate in the Dalmatia region had 
generally deteriorated throughout the year. In addition to threats from 
the local population, they reported a lack of responsiveness and 
protection from police. For example, in the village of Kistanje, there 
were reports of persistent harassment of the Orthodox clergy and the 
ethnic Serb population.
    In June, the Orthodox priest in Kistanje was forced to move to a 
nearby village after repeated threats and after his house was pelted 
with stones. Police did not investigate. Local Orthodox Serb children 
who attend religious classes were frequently harassed and beaten by 
other students.
    In July, Orthodox parish priests in Sibenik and Zadar were harassed 
in the city streets and complained of insufficient police response.
    In August, unidentified perpetrators overturned five tombstones at 
an Orthodox cemetery in Podum. In two separate incidents in August and 
September, unidentified perpetrators sent threatening letters and set 
on fire Muslim-owned cars in the village of Gunja in Eastern Slavonia.
    In September, a fascist Ustasha symbol was sprayed on the new door 
to the church in Kistanje. Police identified no suspects. In Knin, 
individuals on several occasions, including in September, shouted 
phrases such as ``Kill the Serb'' at the Orthodox clergy outside the 
church of St. Pokrov, but police reportedly declined to take action.
    The Muslim Community faced harassment and discrimination on 
isolated occasions. The Muslim Community reported that local 
authorities were slow in approving plans and issuing permits for 
building a mosque in Rijeka. Leaders partly ascribed the stalling to a 
renewed pressure in December from the local population, which wrote 
letters opposing construction in that location. The Islamic Community 
accepted a project plan by in September and submitted the plan to the 
city in November.
    In June, a Muslim flag was burned at the entrance to the Muslim 
cemetery in Osijek. In July, unknown perpetrators desecrated 24 tombs 
at the same cemetery. They set fire to wreaths on the grave of the 
recently deceased wife of the local Imam and sprayed swastikas and 
fascist messages on 24 graves. Police investigated; preliminary 
indications were that a group of local youths was behind the incident.
    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. All 
persons must register their residence with the local authorities and, 
under exceptional circumstances, the Government legally may restrict 
the right to enter or leave the country if necessary to protect the 
``legal order, health, rights, or freedoms of others.''
    Freedom of movement continued to be constrained for returning 
refugees and internally displaced persons (IDPs), who lost tenancy 
rights and experienced difficulties in regularizing their status 
because they had no permanent residence (domicile), which is a 
precondition for acquisition of a civilian ID.
    International observers remained concerned that fear of arrest of 
ethnic Serbs for war crimes, often based on weak evidence, dissuaded 
some refugees from returning. Of the 25 ethnic Serbs arrested on war 
crimes charges, 20 were returnees. The Constitution prohibits forced 
exile of citizens, and the Government did not employ it.
    The Government's procedures to verify and document citizenship 
improved during the year; however, there were some reports of 
obstruction by some local officials. Some local officials applied 
procedures inconsistently, for example, refusing applicants who listed 
their permanent address as a collective center. Cases existed in which 
Serb returnees experienced difficulties in obtaining identity cards and 
other forms of documentation that would allow them to verify their 
citizenship status.
    The law distinguishes between those who have a claim to Croatian 
ethnicity and those who do not and requires non-Croats to satisfy more 
stringent requirements. These requirements prevented some ethnic Serbs 
from obtaining citizenship, which led to discrimination in other areas, 
such as housing return. While their citizenship applications were 
pending, applicants were denied social benefits, including medical 
care, pensions, free education, and employment in the civil service.
    An ongoing impediment to the return and reintegration of ethnic 
Serb refugees was the frequent failure of the Government to recognize 
or ``convalidate'' their legal and administrative documents from the 
period of the 1991-95 conflict. Without such recognition, citizens 
(almost exclusively ethnic Serbs) remained unable to resolve a wide 
range of problems, including pensions, disability insurance, and the 
ability to establish work experience.
    The new Law on Foreigners entered into force on January 1. The 
law's transitional provisions enabled former habitual residents to 
return and regularize their status. The law states that if they return 
within 12 months, they will be reinstated into their pre-war status as 
former habitual residents without any further requirements, such as 
meeting housing and financial criteria, and could subsequently apply 
for citizenship. During the year, the MUP issued 160 identity cards to 
foreigners and conducted a review of 76 permanent residency documents 
of Croatian Serb returnees who were habitual residents of the country 
prior to 1991. However, international monitors reported that the 
Ministry followed different procedures and varied its interpretation of 
its own internal guidelines from case to case. In December, the 
Government extended the deadline for applications to regularize status. 
Due to a lack of information, many potential claimants were unaware of 
the possibility to regulate their status. The Ministry initiated a 
procedure to cancel the permanent residency status of 2,700 persons.
    A significant number of IDPs remained in the country, although not 
all were under the Government's direct care (approximately 1,698 ethnic 
Serb IDPs in the Croatian Danube Region did not hold official IDP 
status). In December, the U.N. High Commissioner for Refugees (UNHCR) 
reported that there were 7,540 IDP's in the country (mostly ethnic 
Croats originating from the Danube region) and 3,656 refugees (mostly 
from BiH). These numbers did not fully reflect an additional 140,000 
former refugees (nearly all ethnic Croats from BiH) who have become 
citizens and residents of the country.
    President Mesic and the Prime Minister continued to make public 
statements encouraging the return and reintegration of all citizens to 
their prewar homes.
    Despite an ongoing government program to reconstruct thousands of 
homes damaged in the 1991-95 war, government officials, NGOs, and 
international observers assessed that the returns process was nearing 
its completion with significant changes in the ethnic composition of 
most communities. The return of ethnic Croats to their prewar domiciles 
was virtually complete. An OSCE survey indicated that the majority of 
Croatian Serb refugees did not want to return to their prewar 
domiciles. While ethnic tensions continued in the Danube region and 
parts of Dalmatia, the overall security situation was stable (see 
Section 5). The largest disincentive to returns was the poor state of 
the regional economy and the absence of a concrete solution that 
provides housing to former tenancy rights holders.
    The restitution of occupied private property to (mostly ethnic 
Serb) refugees returning to the country significantly accelerated the 
process of reconstructing damaged housing. The Government worked on 
reconstructing 9,000 housing units during the year. Property 
restitution improved, although the Government continued to give 
preference to the rights of temporary occupiers, mostly ethnic Croats, 
over those of the legal owners.
    Looting of occupied properties remained a problem; an estimated 
one-fifth such houses were looted before being returned to the legal 
owner. The number of legally occupied properties decreased from 
approximately 3,500 in January to approximately 1,197 in September. The 
problem of illegal occupancy cases was reduced from approximately 500 
cases in January to approximately 54 in December; however, the process 
did not always result physical repossession or return of refugees as 
the Government often purchased the refugees' homes at favorable prices. 
The issue of former-tenancy rights holders of socially-owned property 
remained largely unaddressed, preventing these persons (mostly ethnic 
Serbs) from returning to their prewar apartments (see Section 1.e.).
    The Government allowed free access to all displaced persons by 
domestic and international humanitarian organizations and permitted 
them to provide assistance.
    The Government cooperated with the UNHCR and other humanitarian and 
international organizations in assisting refugees and returnees. By the 
end of December, in returns organized by the UNHCR and the Government, 
12,478 persons who were refugees in the former Yugoslavia were 
repatriated to the country. According to the Government, approximately 
115,148 refugees (mostly ethnic Serbs) have returned to the country 
since 1995.
    A new asylum law entered into force in July and provides for the 
granting of asylum or refugee status in accordance with the 1951 U.N. 
Convention Relating to the Status of Refugees and its 1967 Protocol, 
and the Government 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. During the year, the Government did not grant asylum to 
any asylum seeker.
    Asylum seekers also have access to a judicial review with the 
Administrative Court, which was limited to procedural issues. In May, 
the Government approved funding for construction of a state asylum 
reception center, scheduled to open in late 2005. In July, the 
Government entered into an agreement with the Croatian Red Cross that 
covers the maintenance costs of the interim asylum center, pending 
opening of the Government center. In August, the Government appointed 
an appeals commission to conduct a substantive review of cases of 
asylum seekers who were rejected in the first instance. UNHCR expressed 
concern that the commission appointments were under Government 
influence. The UNHCR closely followed up on individual cases that were 
deported or returned by government authorities to BiH and SaM.
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 on the basis of universal 
suffrage; the OSCE judged the 2003 parliamentary elections to be free 
and fair, however, it expressed a few concerns including the 
legislative framework for elections, the short timeframe available for 
election administration, the accessibility of out-of-country voting 
(particularly for refugees in SaM and BiH), and the lack of 
transparency in campaign financing.
    The Citizenship Law and electoral legislation grant citizenship, 
and thereby the right to vote, on purely ethnic grounds to ethnic 
Croats abroad with no genuine link to the country; however, in 2000, 
the Government failed to ensure that many Croatian Serbs, who fled in 
1995 and who wished to assume the responsibilities of citizenship, 
could document their citizenship in order to vote and ultimately to 
return. At year's end, the law still had not been amended to rectify 
this problem and create equal citizenship conditions regardless of 
ethnicity.
    Corruption was perceived to be widespread; however, the Government 
took steps to address it. NGO surveys and anecdotal evidence indicated 
that for citizens, two areas of most common corruption were in health 
service and land registration. The Ministry of Justice, with help from 
the international community, began to make progress in the latter area.
    Early during the year, several nominations for assistant minister 
posts were withdrawn after allegations of corruption were raised. A new 
parliamentary Commission for the Prevention of Conflict of Interest was 
formed during the year; however, political infighting and an overly 
broad mandate limited its effectiveness. For the first time officials 
had to publicly declare their assets.
    During the year, an increasing number of allegations of corruption 
by senior government or ex-government officials were investigated, 
including cases against former Foreign Minister Mate Granic and Nevenka 
Tudjman, the daughter of late-President Franjo Tudjman. However, at 
year's end, prosecutors had failed to secure a conviction in a high-
level corruption case.
    The powers of the Government's Office for the Prevention of 
Corruption and Organized Crime (``USKOK'') were strengthened during the 
year to close gaps in its authority to manage criminal investigations. 
However, the country's institutional ability to combat corruption 
remained unproven. The failure of USKOK to secure more than a few 
indictments demonstrated the immaturity of the judicial system to 
handle corruption investigations, stemming in part from the lack of a 
common definition of what constitutes corruption. The investigation of 
a former foreign minister (and president of one of the parties in the 
ruling coalition) highlighted the failings of the investigative and 
judicial systems, but was ostensibly free of political interference.
    A new, more comprehensive judicial reform program implemented by 
the Justice Ministry early in the year includes reform and 
specialization of the judiciary to improve the efficiency and raise the 
level of expertise of the court system.
    Government transparency was addressed in a 2003 law that guarantees 
the right to access government information. In September, several 
international organizations recommended improved education of and 
implementation by public authorities of the law, which is unevenly 
applied.
    There were 33 women in the 152-seat Parliament, including 2 women 
in positions of Deputy Speaker. There were 4 women in the 15-seat 
cabinet, including the Deputy Prime Minister and the Minister of 
Justice. There were 4 women out of 13 Constitutional Court Justices and 
20 women out of 40 Supreme Court Justices.
    The electoral law reserves up to eight parliamentary seats for 
ethnic minorities. There were 11 members of minorities in the 152-seat 
Parliament, of which 8 were elected as minority representatives. 
Minority participation in the November 2003 elections was mixed, but 
generally stronger than in 2000, as voters elected three M.P.s to 
represent the country's Serb minority, and one each for the Italian and 
Hungarian communities.
    The law stipulates that ethnic minorities must be represented in 
local government bodies, provided the census shows that a minority 
group constitutes at least a specified percentage of the local 
population. This provision of the law was generally implemented 
following an agreement in December 2003 between the Government and the 
Independent Democratic Serb Party (SDSS).
    In 2003, the SDSS signed an agreement with the Government in 
exchange for a commitment from the Government on the full return of 
refugees, the restitution of illegally used Serb property within 6 
months, and compensation for destroyed property outside of areas 
covered by the existing Reconstruction Act. The agreement also 
committed the Government to fulfill, within 3 months, provisions within 
the Constitutional Law on National Minorities that guarantee minority 
representation in local and regional Government units. This commitment 
was generally carried out by local and regional elected representative 
bodies; however, the Government's commitment to ensure proportional 
representation in the police, judiciary and public services was not 
systematically addressed.
    During the year, the Government established the National Minorities 
Council and supported training for local minorities councils, which 
were designed to advise local government bodies on policy issues of 
interest to minority communities. However, these local minority 
councils remained under-funded and not fully engaged.
    In November, Prime Minister Sanader signed with his Serbian 
counterpart Kostunica an agreement on mutual protection of ethnic 
minorities. The agreement binds the governments to preserve the current 
level of minority rights protection and domicile countries are bound 
financially to assist preservation of respective minorities' cultural 
identity.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    A 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 often cooperative and responsive to their views.
    There were no reports of Government harassment of NGOs. The 
Government's Office for Cooperation with NGOs and other Government 
ministries and offices were active in coordinating and promoting NGO 
and Governmental efforts on human rights and civil society.
    The Government generally cooperated with the ICTY but at year's 
end, one of the most wanted ICTY indictees remained at large. The ICTY 
liaison office in Zagreb reported that the Government's cooperation 
with the court has markedly improved. The Government complied with all 
outstanding requests for information and evidence. In July, the 
Government transferred former Croatian Army General Mirko Norac, 
already serving a 12-year sentence on domestic war crimes charges, to 
The Hague to stand trial for the murder of civilians in the 1993 Medak 
Pocket operation. Former General Rahim Ademi voluntarily surrendered to 
the tribunal to face the same charges. In May, six Bosnian Croats 
turned themselves in and were subsequently transferred to ICTY. The 
Government facilitated their transfer to ICTY and provided guarantees 
for their pre-trial release. Questions remained about the Government's 
diligence in tracking down 2001 indictee former General Ante Gotovina. 
The lack of progress in locating Gotovina called into question the 
seriousness of the Government's efforts to fulfill its legal and 
political commitments to the ICTY.
    The parliamentary Ombudsman for human rights received and acted on 
individual citizens' complaints; however, its authority to order 
compliance from Government ministries was limited. In December, the 
Parliament unanimously appointed the new Ombudsman. Aside from the 
Ombudsman's office, Parliament maintained an independent human rights 
committee tasked with human and minority rights and a separate gender 
equality committee. Both committees, in cooperation with ministry and 
other experts, were effective in drafting and recommending laws, in 
establishing relevant committees at the local level, and in raising 
awareness of their issues.
    The Government's Office for Human Rights is the primary office 
responsible for developing, coordinating, and implementing the 
Government's human rights policies. The Office was generally effective 
in cooperating with NGOs and the international community. It launched 
awareness-raising campaigns to promote general tolerance and care for 
disadvantaged and elderly persons and coordinated activities to prevent 
trafficking in persons.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The law prohibits discrimination based on gender, age and race; 
however, discrimination against women, ethnic Serbs, and Roma 
continued.

    Women.--Police statistics showed that domestic violence against 
women was on the rise with over 50 percent more cases registered in the 
first 3 months of the year than in the same period of the previous 
year. The number of registered victims in that period was 3,426, of 
which women comprised over 66 percent. Alcohol abuse, the psychological 
consequences of war, and poor economic circumstances were generally 
considered aggravating factors. The law provides that a domestic 
violence case may be initiated by persons other than the victim, 
including by the police. Under this law family violence is treated as a 
misdemeanor; penalties range between $166 to $1,660 (1,000 to 10,000 
Kuna) or up to 60 days in prison. Under the Criminal Law, for the same 
acts, perpetrators can face up to 3 years in prison. NGOs complained 
that the courts were slow to schedule first hearings, issued few 
convictions, and administered only minimum prison sentences and fines. 
NGOs specializing in domestic violence criticized the police rulebook 
that left discretion to police to assess the threat levels when 
administering restraint orders and other measures. The law requires 
that witnesses or those with knowledge of domestic violence or child 
abuse--such as teachers, counselors, or health workers--report their 
suspicions to relevant authorities.
    In December, the Government adopted a 2-year strategy on protection 
from family violence consisting of short- and long-term measures. The 
measures focused on family violence prevention, including amending 
present legislation to bring it in line with international standards 
and training of all relevant agencies and the judiciary.
    The OSCE reported that it had not received any complaints regarding 
police performance in handling domestic violence cases. During the 
year, NGOs actively participated in drafting the national strategy on 
protection against family violence, but complained that no budget for 
its implementation was attached. Their cooperation with state 
institutions was mixed; they received reduced levels of state funding, 
but commended the police for better handling of domestic violence 
cases.
    Four shelters existed for victims of domestic violence (one in 
Karlovac, and Caritas operated shelters in Rijeka, Osijek, and 
Sibenik). In addition, there were hotlines, counseling, and legal 
assistance programs targeting victims of domestic violence.
    Rape and spousal rape are illegal under the Penal Code; however, 
NGOs reported that many women did not report rape or spousal rape. 
According to a survey conducted by Autonomna Zenska Kuca in 2003, 34 
percent of women have experienced unwanted sexual relations at least 
once in their lifetime.
    Prostitution is illegal but occurred.
    Trafficking in women for the purposes of sexual exploitation 
remained a problem (see Section 5, Trafficking).
    The law prohibits sexual harassment in the workplace; however, it 
was a problem. According to a survey conducted during the year by 
Poslovni Forum, over 17 percent experienced sexual harassment in the 
workplace at some point in their career. According to trade unions, the 
problem was most pronounced in the textile and leather, trade, and 
catering industries. The Ombudsman and unions reported that they were 
working on sexual harassment cases, although many women were reluctant 
to take action for fear of reprisal.
    The labor law prohibits gender discrimination; however, in 
practice, women generally held lower paying positions in the work 
force. Government and union statistics showed that women constituted an 
estimated 45 percent of the formally employed work force and, in 
August, they represented 58 percent of those registered as unemployed. 
The average women's wages were 10 percent below men's wages; even in 
the trade and textile processing industry, where women constitute the 
majority of the workforce, they were paid significantly less. In March, 
the Croatian State Institute for the Protection of the Family, 
Maternity, and Youth released a study that showed half the companies 
surveyed did not have a single woman in a senior managerial position 
and less than 3 percent of companies had more than four women in such 
positions. Anecdotal evidence gathered by NGOs suggested that women 
held the preponderance of low-level clerical, labor, and shop-keeping 
positions. Women constituted a larger proportion of the unemployed--54 
percent--and pension statistics indicated that women's salaries 
averaged 26 percent less than those of their male counterparts. Women 
often were among the first to be laid off in times of corporate 
restructuring.
    The office of the Gender Ombudsman became fully functional during 
the summer and focused on monitoring the implementation of the Gender 
Equality Law including the submission of mandatory action plans for 
state institutions and public companies. The Government's Office for 
Gender Equality, established in March, was responsible for the 
implementation of the Gender Equality Law and drafting the state gender 
policy. During the year, the office focused on building the 
institutional network and assisting in the establishment of gender 
equality commissions in counties where they were still absent. It also 
organized seminars to assist these commissions in drafting gender 
equality action plans required by the new law. Parliament's Gender 
Equality Committee drafted amendments to several laws that affect women 
and children and criticized relevant ministries including the Ministry 
of Family, for their failure to draft projects, resulting in funds 
going unused.
    The Croatian Women's NGO Network supported the activities of 50 
NGOs from across the country. There were several NGOs that had an 
impact nationally on women's issues.

    Children.--The Government was generally committed to the rights and 
welfare of children. Education was free and mandatory through grade 
eight (generally age 14). The majority of students continued their 
education until the age of 18, with Roma being the only notable 
exception. Romani children faced serious obstacles in continuing their 
education, including discrimination in schools and a lack of family 
support. An estimated 10 percent of Romani children begin primary 
school, and only approximately 10 percent of these go on to secondary 
school. Schools provided free meals for children, and subsidized 
daycare facilities were available in most communities, even for 
infants. Medical care for children was free.
    NGOs operating hotlines for sexual abuse victims reported numerous 
cases of child abuse, although there was no societal pattern of child 
abuse. The Ministry of Health and Social Care reported that there were 
62 cases of criminal acts against children in 2003 and noted a steady 
increase of such criminal activities since 2001. Of these criminal 
acts, 56 were related to child abuse and pornography, and 6 to 
international prostitution. Amnesty International reported on the 
inability of authorities to prevent violence among children in social 
care institutions and expressed concern that minors were placed in 
institutions with adults. In October, the U.N. Committee on the Rights 
of the Child voiced concern about the violation of children's right to 
privacy in the media. The committee recommended that authorities take 
necessary measures to ensure that the media fully respect a child's 
right to privacy. In response, the State Prosecutor instructed the 
media on domestic legislation that prohibits publication of information 
revealing a child's identity if it endangers the child's well-being.

    Trafficking in Persons.--The law prohibits trafficking in person; 
however trafficking in women was a problem. The amended Criminal Law 
became effective in October. It contains an article that defines 
trafficking in persons as a crime separate from slavery and provides 
penalties between 1 and 10 years for traffickers. The minimum penalty 
for trafficking crimes committed against a minor is 5 years' 
imprisonment. In additional, if the crime was committed by a criminal 
organization and resulted in a death, the penalty is 5 years to life 
imprisonment. During the year, no persons were prosecuted under the new 
law, although there was one trafficking-related conviction under the 
law against slavery.
    According to the Office of the State Prosecutor, one person was 
charged and three reported for trafficking in persons during the year. 
One person was convicted and three were reported for establishing 
slavery; eight persons were either reported or indicted for organized 
prostitution. The MUP reported 19 persons as victims of trafficking 
during the year, mostly foreign citizens from SaM, BiH, Ukraine and 
Russia.
    Police awareness of the problem has improved significantly; 
however, failure to identify trafficked women among illegal aliens 
smuggled into the country was a serious problem that resulted in a 
significant underestimate of the trafficking problem in the country. In 
2003 and during the year, the police academy provided comprehensive 
training for border police and organized crime police. Trafficking in 
persons training was added to the academy's curriculum.
    The country was primarily a transit country for women trafficked to 
other parts of Europe for prostitution, as well as a lesser but 
increasing, source and destination country for trafficked women. Women 
from Hungary, Ukraine, Romania, Bulgaria, Slovakia, and other countries 
reportedly were trafficked through BiH and SaM to the country, where 
some remained to work as prostitutes or were trafficked to other 
destinations. Women were transported through the country by truck or 
boat. In addition, women from Albania, BiH, Bulgaria, Hungary, 
Macedonia, Moldova, Romania, Slovenia, and SaM were detained in 
incidents of illegal entry into the country; some of these women were 
believed to be victims of trafficking. Refugees, displaced persons, and 
young persons are most at risk of being trafficked. Anecdotal 
information indicated that international organized crime groups, local 
groups, and travel or marriage agencies were responsible for 
trafficking. The average age of reported victims was 24 years. Victims 
were subject to violence, intimidation, withholding of documents, and 
threats by traffickers.
    There were no confirmed reports that government officials were 
involved in trafficking.
    There were support services available for trafficking victims. The 
Government provided shelter for trafficking victims and either deported 
them or provided residency documents. In 2003, the Government 
established a shelter for victims; local NGOs and the IOM, in 
cooperation with the Ministry, provided services to the shelter. In 
addition, three reception centers were established, in cooperation with 
the Croatian Red Cross--in Western, Central, and Southern Croatia--to 
accommodate victims temporarily. The Government also assisted an NGO to 
operate a hotline.
    In January, a witness protection law entered into force that 
defined the conditions under which state protection is granted when a 
witness' life, health, freedom, or property are threatened; however, it 
was not used in any trafficking-related case during the year.
    On December 15, the Government adopted a national action plan that 
was created by an independent working group of government, civil 
society, and international organization members. The plan is supposed 
to be implemented starting in 2005.

    Persons With Disabilities.--There was isolated discrimination 
against person with disabilities in employment, education, access to 
health care and in the provision of other state services.
    The law mandates access to buildings for persons with disabilities; 
however, the Government did not always enforced these provisions and 
the law did not mandate that facilities be retrofitted. As a result, 
access to public facilities was limited.

    National/Racial/Ethnic Minorities.--Constitutional protections 
against discrimination are applied to all minorities; however, in 
practice, a pattern of open and sometimes severe discrimination 
continued against ethnic Serbs and Roma. There was some discrimination 
against minorities in schools. For example, textbooks used derogatory 
adjectives in reference to minorities.
    Local and international NGOs reported a tangible improvement in the 
atmosphere for ethnic minorities during the year, attributed in part to 
the 2003 agreement with the ethnic Serb party. On several occasions, 
the Prime Minister and members of his cabinet visited the homes of 
ethnic Serb returnees and expressed the Government's commitment to 
ensuring returns of ethnic minorities and their equal treatment. 
However, violence against Serbs occurred occasionally. In March, two 
persons physically assaulted an elderly Serb in his house in Zemunik 
Gornji, injuring his shoulder, destroying furniture and stealing 
several household items. The police investigated and identified three 
minors from the nearby village of Skabrnja. The local population 
protested against the investigation; however, the perpetrators were 
charged.
    In June, a group of Croatian soccer fans physically attacked a Serb 
family in the village of Sotin in Eastern Slavonia. A woman sustained a 
head injury and two other family members were slightly injured. Police 
charged the attackers with disturbing public order.
    In July, a young ethnic Serb was physically attacked in a cafe in 
the coastal town of Vodice. Four ethnic Croats verbally abused him and 
hit him with bottles and ashtrays causing injuries that required 
hospitalization. The police initially fined perpetrators for a 
misdemeanor charge and disturbing public order.
    The OSCE reported on several ethnically related incidents where the 
perpetrators were charged with misdemeanor offenses, such as disturbing 
public order, rather than criminal offenses. In a majority of the 
cases, police and prosecutors were reluctant to identify the cases as 
ethnic discrimination.
    In several areas, including in administration of justice, 
employment, housing, and freedom of movement ethnic, Serbs were 
discriminated against (see Section 1.e. and 2.d.). Ethnic Serbs in war-
affected regions continued to be subject to harassment and 
discrimination.
    In August, a plaque honoring a Government minister from the fascist 
Ustasha regime was placed by members of the diaspora outside a church 
in the Lika region. The incident drew immediate condemnation from the 
President and Government and, in the presence of police, the Government 
removed the monument. In addition, several municipalities removed 
street names honoring the same individual. Also in August, the 
Government removed another monument in the town of Slunj commemorating 
a fascist military leader.
    In December, police pressed charges against seven persons who 
displayed Ustasha insignia at the gathering of the local guard 
association from the Second World War. Fifty persons participated in 
the event during which photos of Ustasha leader Ante Pavelic and the 
fugitive general Ante Gotovina were displayed in a hall and then 
carried through the town. The Speaker of Parliament and the Mayor of 
Zadar, (where the demonstration was held) condemned the incident.
    In August, an ethnic Serb hoisted a flag with a Chetnik coat of 
arms and a slogan on the roof of his house in Borovo Selo near Vukovar. 
The police confiscated the flag and pressed charges against the house's 
owner.
    Vandalism and looting of Serb property, including ethnic Serb 
housing, was also a problem. There was also one report of destruction 
of ethnic Serb housing. On two occasions during the year, a Serb NGO 
headquarters was broken into and data regarding Serb returnees, a 
camera and a computer were stolen. In the past 5 years, the 
organization has experienced eight break-ins and believes they were 
politically motivated. Police identified no suspects.
    In February, local NGOs registered a series of incidents involving 
Serb returnees in the Zadar hinterland area. In most cases, police 
conducted investigations, but rarely discovered perpetrators or made 
arrests. The newly reconstructed house of a Serb returnee in the 
village of Biljane Donje, which was repeatedly vandalized, looted and 
subjected to arson, was set on fire again in February accompanied by 
the note that there was no return for Chetniks. In May, OSCE and 
government representatives visited the village drawing widespread media 
attention and the house was subsequently reconstructed. The police 
investigated, but did not identify the perpetrators.
    In February, an ethnic Serb returnee reported that the windows in 
his reconstructed house in the village of Gornja Obrijez in Western 
Slavonia were shot at.
    A newly reconstructed house belonging to an ethnic Serb in Lisane 
Tinjske was damaged and looted on several occasions during the year.
    Violence, harassment, and discrimination against Roma continued. 
The 2001 census counted only 9,463 Roma in the country, but officials 
and NGOs agreed that the true number may be between 30,000 and 40,000.
    Roma faced many obstacles, including language (many Roma, 
particularly women, had only limited Croatian language skills), lack of 
education, lack of citizenship and identity documents, high 
unemployment, and widespread societal discrimination. Romani NGOs 
estimated that 25 percent of Roma did not have citizenship documents 
and thus could not obtain papers necessary to acquire social benefits, 
employment, voting rights, and property restitution.
    In December, the Government adopted an action plan aimed at 
integrating Roma into the society in the next 10 years. The plan 
complements the national program for Roma adopted in 2003. The MUP 
formed mobile teams to educate Roma on the procedure for obtaining 
citizenship and other documents. In March and May, the Government 
organized a training seminar for Romani youth on participation in 
state- and local-level decision-making processes with support of the 
OSCE and Council of Europe. A local NGO began a pilot project for Roma 
and other vulnerable children with the goal of integrating them into 
society and educating teachers and parents. According to the Council of 
Europe only 1.8 percent of Roma had temporary employment and only 6.5 
had permanent jobs. It was estimated that 21,000 Roma live on social 
assistance.
    International organizations and local NGOs continued to report the 
practice of holding separate classes (allegedly of lower quality) for 
Romani students in the northern part of the country. A 2003 case 
regarding segregation of primary school classes in the northern 
Medjimurje region remained pending before the Constitutional Court at 
the year's end. In December, the European Center for Roma Rights (ECRR) 
and HHO filed a lawsuit against the country with ECRR in Strasbourg 
seeking justice for 15 Roma children who were allegedly subjected to 
racial discrimination in elementary schools. HHO complained that the 
Ministry of Education ceased to fund pre-school education for Roma 
children, which existed in six schools in Medjimurje in 2003.
    The HHO noted that at least four primary schools included in the 
indictment continued the practice of segregated classes during the 
year. The schools failed to organize mixed primary school classes after 
receiving pressure from parents; they cited a lack of social and 
psychological skills of Romani children as grounds for their failure. 
In January, several dozen residents of the village of Drzimurec-Strelec 
protested against the building of a new wing of a primary school for 
Romani children, who constituted a majority in the first four grades. 
Ministry of Science, Education and Sports and County authorities 
renovated the building, and the school opened for the start of the 
school year. HHO commended schools in Drzimurec Strelec and Orehovica 
for continuing to employ Roma assistants who were helping students to 
overcome the language barrier.

    Other Societal Abuses and Discrimination.--There was some societal 
discrimination against homosexuals. In November, four youths attacked 
the home of the president of a gay rights group, throwing a garbage can 
against his house and a brick through the window. The victim was able 
to identify the perpetrators; the police brought charges against the 
perpetrators for damaging property but not criminal charges for 
threatening the victim.
    A recent survey of employers showed that one-third would not 
willingly employ workers who declared themselves to be homosexuals. 
Another third answered that they would employ homosexuals in their 
companies as long as they fulfilled all the criteria for the position. 
The remaining third claimed that sexual preference played no factor 
whatsoever in their employment polices.
    Societal discrimination against people with HIV/AIDS remained an 
issue. In November, the media carried sensationalist articles on a 
trafficking victim in Mostar who died from AIDS.
    In December, a man from Split was publicly accused of intentionally 
spreading HIV; though the allegations were later rescinded, the man 
claimed he was forced to close his business due to public pressure.
    In September, HIV-infected sisters Ela and Nina began the school 
year without incident, in contrast from the previous year, when parents 
protested that their children might attend classes with an HIV-infected 
student and withdrew their children from the school.
Section 6. Worker Rights
    a. The Right of Association.--Workers are entitled by law to form 
or join unions of their own choosing, and workers exercised this right 
in practice. Approximately 64 percent of workers were members of 
unions. Unions generally were independent of the Government and 
political parties.
    The Labor Code prohibits antiunion discrimination and expressly 
allows unions to challenge firings in court and, unlike in previous 
years, there were no reports of antiunion discrimination. In general, 
citizens' attempts to seek redress through the legal system were 
seriously hampered by the inefficiency of the court system, where cases 
often languished for months or years before reaching a final resolution 
(see Section 1.e.).

    b. The Right to Organize and Bargain Collectively.--Collective 
bargaining and the right to organize are protected by law, and workers 
exercised this right in practice.
    The Constitution provides for the right to strike with some 
limitations. Members of the armed forces, police, government 
administration, and public services were not permitted to strike. 
Workers may only strike at the end of a contract or in specific 
circumstances mentioned in the contract after they have gone through 
mediation. Both public and private sector workers conducted strikes 
during the year. When negotiating a new contract, workers are required 
to go through mediation before they can strike over a new contract. 
Labor and management must jointly agree on a mediator if a dispute goes 
to mediation.
    If a strike is found to be illegal, any participant may be 
dismissed and the union held liable for damages.
    Following mediation in a labor dispute at Agrokombinat ``Belje'' in 
June 2003, unions played a positive role in promoting transparency of 
the firm's purchase during the year, criticizing the interference of 
local officials in the privatization process.
    There are no export processing zones.

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

    d. Prohibition of Child Labor and Minimum Age for Employment.--The 
minimum age for employment of children is 15 years, and it was enforced 
by the Ministry of Economy, Labor, and Entrepreneurship in connection 
with the ombudsman for children and the state inspectorate. Workers 
under the age of 18 are prohibited from working overtime, at night, or 
under dangerous conditions. During the year, the Ombudsman for Children 
began operation and for the first time opened investigations on two 
possible cases of child labor.
    The law proscribes the worst forms of child labor. Recent changes 
to the criminal code have criminalized trafficking in children for 
purposes of sexual exploitation and labor. A national ombudsman for 
children coordinates the country's efforts to prevent the exploitation 
of children and to assist in removing children from exploitative 
situations.
    Since April 2003, in which five violations over the previous 16 
months of child labor laws were found, no new data has been released.

    e. Acceptable Conditions of Work.--The national minimum monthly net 
wage of $276 (1,850 Kuna), which applies to all workers, did not 
provide a decent standard of living for a worker and family. The 
average monthly net wage was $757 (4,352 kuna), which does not meet the 
minimum cost of living as calculated by the country's largest trade 
unions.
    Nonpayment and late payment of wages continued to be a serious 
problem. According to the Croatian Federation of Independent Trade 
Unions, in 2002, out of a workforce of 1.8 million, 48,400 employees 
did not get paid for their work, down from 165,000 in 1999.
    The labor law provides for a standard workweek of 40 hours and 
workers are entitled to receive time-and-a-half pay for any work beyond 
that. Workers are entitled to a 30-minute daily break, a 24-hour rest 
period during the week, and a minimum of 18 days of paid vacation leave 
annually. The Labor Code stipulates conditions for overtime work, and 
limits overtime to 10 hours per week. The Government's Labor 
Inspectorate must be notified if overtime work for an individual 
employee continues for more than 4 consecutive weeks, or more than 12 
weeks during a calendar year, or if the overtime work of all employees 
of a certain employer exceeds 10 percent of the total working hours in 
a particular month. Overtime by minors is prohibited. Pregnant women, 
mothers of children under 3 years of age, and single parents of 
children under 6 years of age, may work overtime only if they freely 
gives their consent in writing to perform such work.
    Health and safety standards are set by the Government and were 
enforced by the Ministry of Health; however, in practice industries 
often do not meet the standards for worker protection. The State 
Inspectorate (an independent governmental inspection and compliance 
agency) had jurisdiction over enforcement of health and safety laws at 
the workplace and annually compiled data on injuries and health and 
safety code violations. In 2003, the Inspectorate received 162 reports 
of employers violating work safety regulations. According to 2002 
statistics, an average of 25,500 persons annually suffered injuries at 
work, of which 40 resulted in death. Under the law, workers may remove 
themselves from hazardous conditions at work and have recourse through 
the courts if they believe that they have been dismissed wrongfully for 
doing so; however, according to the State Inspectorate, workers did not 
exercise this right in practice and normally only reported employers 
after they had left their job.

                               __________

                                 CYPRUS

    Since 1974, the southern part of Cyprus has been under the control 
of the Government of the Republic of Cyprus, while the northern part 
has been ruled by a Turkish Cypriot administration, which proclaimed 
itself the ``Turkish Republic of Northern Cyprus'' (``TRNC'') and has 
not been recognized by any country except for Turkey. A substantial 
number of Turkish troops remained on the island. A buffer zone or 
``green line'' patrolled by the U.N. Peacekeeping Force in Cyprus 
(UNFICYP) separated the two parts.
    On May 1, the Republic of Cyprus joined the European Union (EU). EU 
laws and regulations were not enforced in the territory under the 
control of the ``TRNC.''
                           republic of cyprus
    The Republic of Cyprus is a constitutional republic and multiparty 
presidential democracy. Tassos Papadopoulos was elected president in 
February 2003. There is clear separation of the executive, legislative 
and judicial branches. The judiciary is generally independent and well-
respected.
    Police are responsible for law enforcement and are under the 
authority of the Ministry of Justice. The civilian authorities 
maintained effective control of the security forces. Some members of 
the police committed human rights abuses.
    The economy operated on free market principles, although there were 
significant administrative controls. Approximately 718,000 persons 
lived in the government-controlled area. The economy had a robust, 
service-oriented sector (including tourism) with a declining 
manufacturing base and a small agricultural sector. For the year, 
inflation was estimated at 4.1 percent and economic growth at 2 
percent. Wages and benefits kept pace with inflation.
    The Government generally respected the human rights of its 
citizens; however, there were problems in some areas. Police abuse of 
detainees continued to be a problem. Violence against women persisted. 
Trafficking in women for sexual exploitation 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 
reports of politically motivated killings by the Government or its 
agents; however, there was one death of a person in police custody.
    On May 12, 29-year-old Ionis Ambrosiades died in custody at the 
Limassol police station. Authorities reportedly determined that the 
death was a suicide. Police conducted a disciplinary investigation and 
found the officers on duty guilty of neglect of duty.

    b. Disappearance.--There were no reports of politically motivated 
disappearances.
    The Government participated in the autonomous, tripartite (U.N., 
Greek Cypriot, Turkish Cypriot) U.N. Committee on Missing Persons in 
Cyprus (CMP) as it continued its efforts to account for persons who 
remained missing after the intercommunal violence beginning in 1963-64 
and the events beginning in July 1974. After years of inactivity, the 
CMP began meeting again in August. During the year, no remains of Greek 
Cypriots were identified. According to the Government, 1,493 Greek 
Cypriots remained missing.

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The Constitution prohibits such practices, and the 
Government generally respected these provisions in practice; however, 
there were reports that police abused detainees. Following the January 
2003 report of the European Committee for the Prevention of Torture 
(CPT) regarding police ill-treatment and torture of detainees, police 
officers participated in vocational and educational training at home 
and abroad, including conferences dealing with human rights, 
xenophobia, and discrimination, some of which focused on arrest, 
interrogation, and detention.
    There continued to be reports that police engaged in heavy-handed 
tactics and degrading treatment of suspects. In the two cases of police 
abuse in 2003 brought before the courts, one officer was convicted of 
common assault and fined $445 (200 pounds) and the other convicted of 
assault causing bodily harm and fined $3,340 (1,500 pounds). Both 
officers kept their jobs.
    The nongovernmental organization (NGO) Amnesty International 
reported that on several occasions in April and May, Greek Cypriot 
police stripped and searched Turkish Cypriots crossing the green line 
at the Ledra Palace checkpoint and on two occasions beat Turkish 
Cypriots. There were no charges filed and no reports that police 
investigated the incidents. At least two Turkish Cypriot newspapers 
reported that a Turkish Cypriot woman was strip-searched at a 
checkpoint.
    The press reported additional instances of police abuse. On June 
21, two police officers arrested and allegedly beat a member of the 
ethnic minority Greek Pontian community in Paphos. The following day, a 
demonstration against alleged police brutality turned violent, and 
police used tear gas to disperse the crowd. Four police officers and 
four Pontians were injured in the incident. On July 1, the press 
reported that a disciplinary probe had been ordered following 
allegations that a Nicosia police acting sergeant beat a teenage 
suspect while he was in custody. The officer was not on duty that day 
but was present during the interrogation of the suspect who had been 
brought in on suspicion of abducting and ``defiling'' a minor. The 
Chief of Police ordered an investigation and suspended the officer from 
duty; the acting sergeant was formally charged with common assault, and 
the case was before the Nicosia District Court for trial at year's end.
    On July 28, the office of the Ombudsman released its annual report 
that included citizens' complaints of ill-treatment by police. The 
report called for the establishment of a watch-dog organization to 
monitor the police consisting of government officials and 
representatives from NGOs. The report noted that foreigners had filed 
complaints of police mistreatment and suggested that foreigners 
therefore undergo medical exams upon their arrest and release. The 
report also recommended that police be allowed to interrogate detainees 
only in the presence of the detainee's lawyer.
    Charges dating from 2003 that police in Limassol beat a then 17-
year-old and his father were withdrawn.
    On February 28, an officer at Limassol police headquarters 
allegedly raped a Moldovan woman in her cell. The woman had been in 
detention following her arrest for working illegally on the island. The 
chief of police ordered the officer's immediate arrest and suspension 
and opened a disciplinary investigation against him. The committee 
appointed for the trial demanded the officer's resignation and he was 
charged with rape. Criminal proceedings against him were pending at 
court at year's end.
    Prison conditions generally met international standards, although 
there were some problems.
    In January, journalists toured the Nicosia Central Prison and 
reported that overcrowding was one of the prison's biggest problems. 
Although the prison's capacity was 274 inmates, it held 433 inmates at 
the time of the visit. Approximately half of the inmates were 
foreigners, approximately 80 percent of whom were imprisoned for 
entering or living in the country illegally. Overcrowding forced 
inmates to sleep in corridors and television rooms, and some juvenile 
detainees were forced to share cells with convicted criminals. The 
Government provided no assistance for the rehabilitation of drug 
abusers or support for inmates reintegrating into society following 
incarceration. The National Organization for the Protection of Human 
Rights (Ethnopad) called on the Government to instigate reforms to 
address these and other serious problems in the prison system and to 
stop imprisoning debtors and illegal immigrants.
    On February 12, the Council of Europe published a report on the 
June 2003 visit by its Commissioner for Human Rights which noted that 
the new construction and renovation at Nicosia's main prison helped 
address the problem of overcrowding but that the imprisonment of 
debtors and illegal immigrants remained a concern.
    In July, there were several press reports that police and prison 
officials subjected Turkish Cypriots and foreigners imprisoned in 
Nicosia's Central Prison to discriminatory treatment. Some inmates 
alleged that the police, prison wardens, and Greek Cypriots regularly 
beat and abused them. They claimed that the authorities did not answer 
their calls for protection and prevented some inmates from reporting 
mistreatment without prison officials present. The prisoners also 
alleged authorities denied them bail and speedy trials.
    Women prisoners were held separately from men. Juveniles were 
generally held separately from adults, although there were press 
reports of exceptions due to overcrowding. Pretrial detainees were held 
separately from convicted criminals.
    The Government permitted prison visits by independent human rights 
observers and the CPT visited prisons in December.

    d. Arbitrary Arrest or Detention.--The law prohibits arbitrary 
arrest and detention, and the Government generally observed these 
prohibitions.
    The police are the responsibility of the Ministry of Justice and 
Public Order. The President appoints the chief of the police. The 
police force is divided into headquarters (with six departments), six 
district divisions (including one inactive district located in the area 
under the Turkish Cypriot administration), and seven police units that 
provided specialized services. Although there were individual cases of 
misconduct reported during the year within the police force, there were 
no serious cases of police corruption or bribery. The assistant chief 
of police for administration typically handled investigations into such 
cases and recommended appropriate disciplinary measures to the chief of 
police.
    Judicially issued arrest warrants were required. Persons may not be 
detained for more than 1 day without referral of the case to the courts 
for extension of the period of detention. Most periods of investigative 
detention did not exceed 8 to 10 days before formal charges were filed. 
Attorneys generally had access to detainees; bail was permitted. The 
Government claimed the right to deport foreign nationals for reasons of 
public interest whether or not they had been charged with or convicted 
of a crime.
    There were no reports of political detainees.

    e. Denial of Fair Public Trial.--The Constitution provides for an 
independent judiciary, and the Government generally respected this 
provision in practice.
    Most criminal and civil cases begin in district courts, from which 
appeals may be made to Supreme Courts. There are no special courts for 
security or political offenses.
    The law provides for the right to a fair trial, and an independent 
judiciary generally enforced this right.
    There were no reports of political prisoners.
    During the year, Greek Cypriots continued to pursue property suits 
against the Government of Turkey in the European Court of Human Rights 
(ECHR) for the loss of property located in the area under Turkish 
Cypriot administration since 1974. On September 3, the ECHR held a 
hearing on the admissibility of a property case brought by Greek 
Cypriot Xenides-Arestis against Turkey. The purpose of the hearing was 
to determine whether domestic remedies had been exhausted, given that 
the ``TRNC Assembly'' had enacted legislation and set up a committee to 
deal with Greek Cypriot compensation claims in June 2003. A decision on 
admissibility was pending at the end of the year. There were no 
developments on any of the other 500 cases that the Government 
estimated Cypriots had filed against Turkey at the ECHR or on any of 
the approximately 45 property cases in which the Government had 
exercised its right to intervene.
    On September 24, the Supreme Court ruled in favor of Turkish 
Cypriot Arif Mustafa who sought the return of property in the south, 
which he abandoned in 1974 and which was seized but not expropriated by 
the Government under the authority of the so-called Caretaker law. The 
Attorney General appealed the case, but a hearing date was not set by 
the end of the year.

    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 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.
    Opposition newspapers frequently criticized the authorities. 
Independent newspapers and periodicals proliferated. There were seven 
major daily newspapers, one weekly, and six major magazines. Several 
private television and radio stations competed effectively with 
government-controlled stations. International broadcasts were available 
without interference throughout the island, including telecasts from 
Turkey and Greece.
    In the weeks leading up to the April 24 referendum on the Annan 
settlement plan, there were reports that the Government had pressured 
the media to support its position on the plan. In the week immediately 
before the referendum, two major Greek Cypriot media outlets refused to 
give the U.N. Special Envoy and the EU Commissioner for Enlargement 
programming time on their broadcasts. The head of the single major 
party that supported the Annan plan filed a protest with the Council of 
Europe alleging manipulation of the media in the pre-referendum period.
    The Government imposed significant restrictions on Turkish (as 
opposed to Turkish Cypriot) journalists crossing the green line to 
cover news events in the government-controlled area.
    In July, the vice chairman of the Turkish Cypriot Advertisers 
Association alleged that Greek Cypriot newspapers had refused to carry 
advertisements for businesses located in north Cyprus. During the year, 
a few newspapers briefly carried Turkish Cypriot advertisements, but 
dropped them after readers and editorial board members complained.
    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 Constitution specifies that the Greek Orthodox Church of 
Cyprus, which was not under the authority of the mainland Greek 
Orthodox Church, has the exclusive right to regulate and administer its 
internal affairs and property in accordance with its holy canons and 
charter. The Constitution also states that the Turkish Cypriot 
religious trust, the Vakf (the Muslim institution that regulates 
religious activity for Turkish Cypriots), has the exclusive right to 
regulate and administer its internal affairs and property in accordance 
with Vakf laws and principles. No legislative, executive, or other act 
may contravene or interfere with the Orthodox Church or the Vakf. The 
Armenian Orthodox Church, Maronite Christians, and ``Latins'' (Roman 
Catholics) are also recognized by the Constitution.
    The Government did not require other religious groups to register 
unless they desired to engage in financial transactions, such as 
maintaining a bank account, in which case they had to register as a 
nonprofit company.
    Missionaries have the legal right to proselytize, but the 
Government closely monitored missionary activities. It is illegal for a 
missionary to use physical or moral compulsion to make religious 
conversions. The police may investigate missionary activity based on a 
citizen's complaint. Police could also open an investigation if 
missionaries might be involved in illegal activities threatening the 
security of the Government, constitutional or public order, or public 
health and morals. In the past, there were occasional apprehensions but 
no arrests under these laws; however, no detentions were reported 
during the year.
    The Government required children in public primary and secondary 
schools to take instruction in the Greek Orthodox religion. Parents of 
other religions may request that their children be excused from such 
instruction. While these children were exempted from attending 
religious services, some Jehovah's Witnesses parents reported that 
their children were not excused from all religious instruction.
    In September, the Turkish Cypriot authorities permitted a group of 
worshippers to attend a religious ceremony at Agias Mamas Church near 
Morphou, north Cyprus. Days before the ceremony, a bomb went off in the 
empty church, set allegedly by Turkish Cypriot nationalists seeking to 
disrupt the event. The Government strongly discouraged pilgrims from 
attending the event, ostensibly on safety grounds.
    Although Turkish Cypriots reported that unused mosques in the south 
were vandalized, the Government routinely carried out maintenance and 
repair of mosques in the area under its administration.
    While members of Jehovah's Witnesses reported some difficulties in 
claiming conscientious objector status and exemption from compulsory 
reserve military service in the National Guard in the past, there were 
no reports of such problems during the year. While the law provides for 
exemption from active military service for conscientious objectors, it 
does not provide for an exemption from reserve duty. Legal proceedings 
against several members of Jehovah's Witnesses for failure to appear 
for reserve duty were suspended in 2002 pending a revision of the law. 
There were no new legal cases 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 Government did not restrict Greek Cypriots from traveling to 
north Cyprus, but generally discouraged them from staying at former 
Greek Cypriot-owned properties, gambling in the north, or buying or 
developing property there. The Government prohibited Turkish nationals 
from crossing from the north to the south.
    For part of the year, the Government did not permit foreigners who 
had entered the country via ports in north Cyprus to cross into the 
government-controlled area. On June 3, the Government revised its 
policy regarding green line crossings to allow EU citizens and citizens 
of other countries not subject to a visa requirement entering Cyprus 
from ports in north Cyprus to cross the green line into the government-
controlled areas. However, the Government continued to block any effort 
by Turkish Cypriot authorities or international parties to open Ercan 
Airport or any port in north Cyprus for travel to destinations other 
than Turkey.
    An investigation ordered by the Council of Ministers into the July 
2003 denial of entry at Larnaca Airport to a foreign citizen of Turkish 
Cypriot origin resulted in two immigration officers from the Aliens and 
Immigration Unit being found guilty of neglect of duty and punished 
with a ``strict reprimand.''
    In April 2003, the Government announced measures to facilitate 
Turkish Cypriot movement to and within government-controlled areas and 
access to Government services. However, it did not implement key 
aspects of the measures. On July 30, the Government announced a new 
``Green Line Regulation'' that included measures to facilitate movement 
of vehicles such as trucks, taxis, and coaches across the buffer zone. 
Since April 2003, Greek Cypriot checkpoint police have not required 
Turkish Cypriots to give advance notice of their intent to travel to 
the south or their planned itinerary and return date. The Government 
did not limit the length of their stay, although most did not stay 
overnight. Turkish Cypriots could drive their personal vehicles, 
provided they had arranged insurance with a provider in the Greek 
Cypriot community.
    Turkish Cypriots have increasingly obtained Republic of Cyprus 
passports; during the year, the Government issued 14,908 passports to 
Turkish Cypriots.
    The Constitution prohibits forced exile, 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. In practice, the Government provided 
protection against refoulement, the return of persons to a country 
where they feared persecution. During the year, the Government 
recognized 14 applicants as refugees and granted them asylum status.
    During the year, the Government's asylum unit received asylum 
applications for 9,284 individuals and processed approximately 5,000 
cases. As of June, there were approximately 8,628 pending cases, 
including some from the previous year, and 370 persons with official 
refugee status. At year's end, nine cases were under consideration for 
humanitarian reasons. Qualifying refugees were permitted to stay and 
were given temporary work permits; however, they were generally not 
granted permanent resettlement rights. The Government generally 
cooperated with the office of the U.N. High Commissioner for Refugees 
(UNHCR). During the year, the UNHCR received fewer than 10 cases from 
north Cyprus and none from the south. The law provides for temporary 
protection for those persons who do not meet the definition of a 
refugee or asylee.
    During the year, a local NGO reported several complaints from 
asylum seekers who alleged they were physically and psychologically 
abused by police; the complaints were directed to the Ombudsman and the 
Ministry of Justice. At year's end, neither the Ombudsman nor the 
Ministry had taken any publicly announced action on the complaints.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The Constitution provides citizens with the right to change their 
government peacefully, and citizens exercised this right in practice 
through periodic, free, and fair elections held on the basis of 
universal suffrage. On May 1, the country joined the EU.
    In February 2003, President Tassos Papadopoulos was elected in 
generally free and fair elections to a 5-year term with the support of 
the AKEL (Restoration Party for the Working People), EDEK-Socialist 
Movement (United Central Democratic Union), and DIKO (Democratic Party) 
parties. Elections for the House of Representatives are held every 5 
years or less and were last contested in 2001.
    On April 24, Turkish Cypriots and Greek Cypriots voted in separate, 
simultaneous referenda on the plan proposed by U.N. Secretary General 
Kofi Annan (the ``Annan Plan'') to reunify the island after 30 years of 
division. The plan was not adopted because, although 65 percent of 
Turkish Cypriots voted to accept it, 76 percent of Greek Cypriot voters 
rejected the proposal.
    In the weeks leading up to the referendum, the Government sent 
letters to public servants, Central Bank employees, and police telling 
them that their rights and pensions would not be safeguarded under the 
Annan plan, an interpretation of the plan's provisions that was not 
shared by U.N. mediators.
    There were also numerous press reports that some Greek Cypriot 
supporters of the Annan plan were verbally and physically harassed for 
their political views by opponents of the plan. Some supporters were 
reportedly intimidated to the point that they would not publicly 
identify themselves as plan proponents. ``Yes'' stickers in favor of 
the plan were removed from public and private properties and replaced 
with ``no'' stickers, and some ``yes'' billboards and information 
kiosks were vandalized. In one incident, a threat was made against a 
teenager at his school in the form of graffiti that reportedly 
identified the student by name and stated that ``the 'no' [to the Annan 
plan] would be written in your blood.'' After reporting the incident, 
one newspaper received a phone threat that the teenager would be ``the 
first victim after the referendum.''
    Under the Constitution, voting takes place on a communal basis; 
separate electoral rolls are required for Greek and Turkish Cypriots. 
The Government has concluded that Turkish Cypriots living in the 
government-controlled area were constitutionally barred from voting in 
Republic of Cyprus elections, although they may travel to the north to 
vote in elections. Greek Cypriots and Maronites living in the north 
were eligible to vote in elections but must travel to the south to 
exercise that right.
    On June 22, the ECHR ruled that the Government had violated the 
right of a Turkish Cypriot living in the government-controlled area to 
free elections and to freedom from discrimination when it refused his 
request to be added to the electoral registry ahead of the 2001 
parliamentary elections. The ECHR awarded him approximately $4,725 
(3,500 euros) for incurred expenses. The Court also required the 
Government to enact legislation to prevent future violations of the 
same articles of the European Human Rights Convention; the Government 
had not enacted such legislation by year's end.
    On June 17, the media reported that one of the country's newly 
elected representatives to the European Parliament had allegedly 
exported historical artifacts and solicited a bribe of approximately 
$22,250 (10,000 pounds) from a police officer to ensure that the 
officer would be acquitted of attempted manslaughter charges. There 
were reports that the Government attempted to cover up the incident 
until a newspaper published a confidential police report detailing the 
alleged exchanges between the pathologist and the police officer. On 
September 16, the Attorney General requested the European Parliament to 
lift the official's parliamentary immunity to enable the police to 
investigate the charges against him.
    There are no laws providing public access to government 
information. Civil servants were not allowed to give access to 
government documents without first obtaining permission from the 
relevant minister. During the year, there were no reported cases of 
persons being denied access to government information.
    Women held 9 seats in the 56-seat House of Representatives, and 
some held cabinet-level, judicial, and other senior positions.
    There were no members of minorities among parliamentarians in the 
56-seat the House of Representatives. In addition to their political 
voting rights, the small Maronite, Armenian, and ``Latin'' communities 
also elected special nonvoting representatives from their respective 
communities who sat in the House of Representatives.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    A number of domestic and international independent human rights 
groups generally operated without government restriction, investigating 
and publishing their findings on human rights cases. Government 
officials generally were cooperative and responsive to their views.
    A number of NGOs considered themselves human rights groups; 
however, they generally were concerned with alleged violations of the 
rights of Greek Cypriots by Turkish Cypriots or Turks. NGOs with a 
broader human rights-related mission included groups promoting 
awareness of domestic violence, migrant support, and those concerned 
with allegations of police brutality.
    The U.N., through the autonomous tripartite CMP, continued its 
efforts to account for persons missing after the intercommunal violence 
beginning in 1963-64 and the events beginning July 1974 (see Section 
1.b.).
    During the year, the government Ombudswoman received complaints 
from citizens and foreigners living on the island and conducted 
independent investigations. Her office enjoyed generally good 
cooperation with other government bodies. Following a Council of 
Ministers decision in July 2003, the Office of the Ombudswoman took on 
responsibility for two new EU-mandated authorities, the Racism and 
Discrimination Authority and the Equal Rights in Labor Authority. The 
Ombudswoman released a wide-ranging annual report and a limited number 
of single-issue reports.
    The House of Representatives' Committee on Human Rights is made up 
of 10 House members who serve 5-year terms. The committee discusses 
wide-ranging human rights issues, including trafficking in persons, 
prison conditions, and the rights of foreign workers. The executive 
branch does not exercise control over the committee, which can help 
formulate policy by introducing some types of legislation; it can also 
recommend amendments and approve or reject Government-proposed 
legislation.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The law provides for protection against discrimination based on sex 
or national, racial, or ethnic origin, and the Government generally 
enforced such laws; however, there were problems in the treatment of 
Turkish Cypriots living in the government-controlled area.

    Women.--Spousal abuse was a problem and continued to receive 
attention. An NGO working with domestic abuse victims reported that, 
during the year, the number of telephone calls to its hotline had 
increased 15.8 percent. The NGO reported that 614 individuals, of whom 
85 percent were women, 7 percent children, and 8 percent men, called 
claiming to be victims of domestic violence. The NGO also operated a 
shelter for victims of domestic violence in Nicosia that served 25 
women and 18 children during the year.
    The law establishes clear mechanisms to report and prosecute family 
violence and provides that the testimony of minors and experts such as 
psychologists may be used as evidence to prosecute abusers. The law 
also provides for prison terms for the abuse of family members; 
however, very few court cases resulted in convictions. Doctors, 
hospital workers, and education professionals are required to report 
all suspected cases of domestic violence to the police. Many victims 
refused to testify in court, and, under the law, spouses cannot be 
compelled to testify against each other. In cases where a spouse was 
the victim and only witness, and she refused to testify, the courts 
were forced to drop the case.
    The law criminalizes rape and spousal rape with a maximum sentence 
of life in prison. Most convicted offenders received considerably less 
than the maximum sentence.
    The law does not prohibit ``voluntary'' prostitution; however, it 
is illegal to live off the profits of prostitution, and police 
routinely arrest pimps and prostitutes under this section of the 
criminal code. Procuring a woman for prostitution is a misdemeanor. 
Sexual exploitation and trafficking of adults and children is a felony. 
There were credible reports that women continued to be trafficked for 
sexual exploitation (see Section 5, Trafficking).
    The law prohibits sexual harassment in the workplace; however, such 
incidents largely were unreported.
    In June 2003, a senior editor at the semi-governmental news agency 
Cyprus Broadcasting Corporation (CyBC) was found guilty of sexual 
harassment and actual bodily harm charges stemming from a 2002 incident 
involving a female television reporter and presenter. The courts fined 
the defendant approximately $2,225 (1,000 pounds). In June, the Supreme 
Court ordered CyBC to lift its employment suspension of the defendant. 
The defendant's appeal of the fine was pending at year's end.
    Women generally have the same legal status as men. Women married to 
foreigners have the right to transmit citizenship automatically to 
their children. Laws requiring equal pay for men and women performing 
the same work were enforced effectively at the white-collar level.

    Children.--The Government was strongly committed to children's 
rights and welfare. It funded public education and health care for 
those who could not afford it. There was no difference in the health 
care and educational opportunities available to boys and girls. Free 
education was available at all levels through the age of 18. Education 
was compulsory up to the age of 15 or 9 years of education. 
Approximately 85 percent of the population was eligible to receive free 
public health care.
    Child abuse was a problem. During the year, there were 46 cases of 
child abuse reported to the Welfare Department. The Government policy 
is to prosecute all cases of reported child abuse that are backed with 
substantial evidence; however, prosecution statistics were not 
available at year's end. During the year, the court for the first time 
handed down a decision in a child abuse case in which taped victim 
testimony was admitted as evidence. In that case, the court convicted 
and sentenced the defendant to 7 months in prison.

    Trafficking in Persons.--The law criminalizes trafficking in women 
and children for the purpose of sexual exploitation, and women 
trafficked into the country for the purpose of prostitution was a 
problem. The law is gender-specific and does not address internal or 
labor trafficking. There were allegations of police corruption.
    It is a felony to engage in the sexual exploitation and trafficking 
of adults, with or without their consent, and children. The court may 
order persons convicted of trafficking to pay part or all of the 
expenses incurred for the provision of protection, temporary shelter, 
medical care, and psychiatric care for victims. The court may also 
order persons convicted to pay compensation to the victim, including 
repatriation expenses. Responsibility for combating trafficking was 
shared by the Ministries of Justice, Labor, and the Interior and the 
Attorney General's office.
    It is a misdemeanor to procure a woman for prostitution.
    During the year, police opened investigations in 91 cases involving 
194 persons for crimes related to prostitution and sexual exploitation. 
Of these, the courts found persons in 9 cases guilty of living off the 
earnings of prostitution and had 24 cases pending trial at the end of 
the year. The courts acquitted the defendants or dismissed charges in 
eight cases; in another four cases, charges were dropped for lack of 
evidence. At the end of the year, there were 4 cases pending with the 
Attorney General's office and 22 cases still under investigation. The 
police charged 20 persons with trafficking in persons and sexual 
exploitation; all of their cases were pending at the end of the year.
    In a November 2003 report on trafficking, the Ombudsman stated that 
the country was both a destination and transit point for women being 
channeled into the sex industry and that immigration authorities were 
fully aware and, to a great extent, tolerant of the situation. However, 
the Ombudsman's annual report, released in July, did not assert that 
the country was a transit point for trafficking victims.
    The November 2003 report concluded that ``essentially nothing had 
been done'' by the Government to combat trafficking. The report found 
the legal framework for combating trafficking to be generally 
satisfactory but made recommendations for improving implementation of 
existing regulations. The report also recommended that trafficking and 
sexual exploitation of minors be addressed by separate legislation. 
Since release of the report, the police have formed an antitrafficking 
unit and the Government has established an interagency working group 
and a ministerial group to address the problem.
    The country was a destination for women trafficked from Eastern 
Europe, primarily Ukraine, Romania, Moldova, Russia, Belarus, and 
Bulgaria. There were no reliable statistics on the number of 
trafficking victims; however, 62 victims reported pressed charges 
during the year. Some East European women entered government-controlled 
areas of the country on temporary 3-month ``artiste'' visas (renewable 
for an additional 3 months, but then requiring at least a 6-month 
absence from the island) to work at a specific cabaret or nightclub. 
The Government issued 2,933 such visas during the year. Additionally, 
some East European women entered the country on work visas as barmaids 
with set contracts and terms of employment, while others entered on 
tourist visas and worked illegally.
    Foreign women working as ``artistes'' or barmaids were vulnerable 
to trafficking and exploitation. In some cases, women reportedly were 
forced to surrender their passports, perform sexual services for 
clients, or were not paid their full salaries. In one case, a 28-year-
old Russian woman reported that an acquaintance arranged for her to 
work as a barmaid. Employment conditions were agreed by phone before 
she left Russia. When the victim arrived in the country, she found the 
living conditions her employer provided unsanitary and completely 
inadequate, and a bar employee constantly watched her. Her boss forced 
her to give him her passport and did not pay her. Besides serving 
drinks, the victim was forced to clean the bar and drink with clients. 
One night, her boss forced her to go with a client, who raped her. A 
Russian man helped her escape and locate a shelter for trafficking 
victims. The victim chose to return home after spending some time at 
the shelter.
    There was also evidence of a new category of female victims coming 
from China on student visas who then engaged in prostitution or in some 
cases found themselves victims of sexual exploitation.
    There have been allegations of corruption in the Police Immigration 
Unit. While not admitting corruption was a problem, the Ministry of 
Justice changed the unit's entire staff in 2003 and advocated regularly 
reassigning the unit's personnel to prevent corruption.
    The law obligates the Government to provide protection and support 
for trafficking victims by allowing them to remain in the country to 
press charges or by facilitating their return home. Of the 62 victims 
who pressed charges against their traffickers, 47 asked for police 
protection. The law also requires the Government to provide shelter, 
medical, and psychiatric care to trafficking victims until they have 
recovered from the trauma of their experience. The Government may 
appoint a guardian for victims to advise and give counsel and to 
represent the victim with the appropriate government agency. Victims 
may sue traffickers for damages.
    The Government maintained that most women who qualified as 
trafficking victims chose to return to their home countries voluntarily 
without testifying in court. There were reports that cabaret owners and 
``artiste'' agents pressured women to withdraw complaints made about 
their situations or not to follow through with their intention to 
testify in court.
    NGOs that protect the rights of women and immigrant workers were 
available to assist trafficking victims and reported that they received 
one to two requests for assistance per month.
    In January, the Russian Orthodox Church in Limassol opened a 
shelter for trafficking victims funded in part by the Orthodox Church 
of Cyprus. A Russian psychiatrist was available to assist victims. 
During the year, a total of 27 trafficking victims stayed in the 
shelter. Of these, 5 returned to their home country without filing 
charges; 6 were already witnesses in police cases when they came to the 
shelter and later found employment in different clubs; 12 had cases 
pending; 3 were in the shelter but refused to file charges; and 1 
returned to the nightclub from which she had originally fled. There was 
no formal referral process between the police and the shelter, and the 
police typically housed victims in government-subsidized homes for the 
elderly.

    Persons With Disabilities.--There was generally no discrimination 
against persons with disabilities in employment, access to healthcare, 
or in the provision of other state services. Persons with disabilities 
who apply for public sector positions are entitled to preference if 
they are deemed able to perform the required duties and if their 
qualifications are equal to those of other applicants. The law mandates 
that new public buildings and tourist facilities be accessible to all; 
however, enforcement of the law was weak.
    On May 1, an amended People with Disabilities Law based on EU 
directives came into force; however, it had not been fully implemented 
by year's end. The new law extends the Ombudsman's authority to cover 
discrimination based on disabilities in both the private and public 
sector.

    National/Racial/Ethnic Minorities.--Constitutional or other legal 
mechanisms prohibit discrimination. The 1975 Vienna III Agreement 
remains the legal source of authority regarding the treatment of 
Turkish Cypriots living in the south. The Government effectively 
enforced the agreement, which provides for the voluntary transfer of 
populations, free and unhindered access by the UNFICYP to Turkish 
Cypriots living in the south, and facilities for education, medical 
care, and freedom of religion.
    The Government no longer keeps statistics on the number of Turkish 
Cypriots living in the government-controlled areas due to the free 
movement of persons fostered by the April 2003 opening of the 
checkpoints and the fact that Turkish Cypriots are not required to 
report to the Government when they settle in the south. Some of the 
Turkish Cypriots living in the government-controlled area reportedly 
faced difficulties in obtaining identification cards and other 
government documents, particularly if they were born after 1974. There 
were no reports of Turkish Cypriots subjected to surveillance by the 
Greek Cypriot police during the year. Turkish Cypriots made few formal 
complaints to UNFICYP about their living conditions in the south. 
Complaints most often concerned the lack of affordable accommodation.

    Incitement to Acts of Discrimination.--The Government continued to 
use textbooks, particularly on history, at the primary and secondary 
school level that included inflammatory language derogatory of Turkish 
Cypriots and Turks. The Government has complained about language used 
in Turkish Cypriot textbooks that is derogatory of Greek Cypriots.
Section 6. Worker Rights
    a. The Right of Association.--All workers, except for members of 
the police and military forces, have the legal right to form and join 
unions of their own choosing without prior authorization, and workers 
did so in practice. Police officers were permitted only to join 
associations that have the right to bargain collectively but not to go 
on strike. More than 70 percent of the workforce belonged to 
independent unions.
    Unions maintained their independence from the Government; however, 
the major trade unions were affiliated closely with the AKEL, EDEK and 
DISY political parties.
    Antiunion discrimination is illegal; however, union leaders 
contended that private sector employers were able to discourage union 
activity because the enforcement of labor regulations was sporadic and 
penalties for anti-union practices were minimal. Parties to a dispute 
could request mediation by the authorities.

    b. The Right to Organize and Bargain Collectively.--By law, unions 
and confederations are free to organize and bargain collectively. This 
right was generally observed in practice, and most wages and benefits 
were set by freely negotiated collective agreements; however, Greek 
Cypriot collective bargaining agreements were not enforceable. In the 
rare instances in which persons claimed that such agreements were 
infringed upon, the Ministry of Labor was requested to investigate. If 
the Ministry was unable to resolve the dispute, the union could call a 
strike to support its demands.
    All workers have the right to strike. Authorities have the power to 
curtail strikes in ``essential services,'' although this power was used 
rarely in practice. There were several major strikes during the year.
    There are no special laws or exemptions from regular labor laws in 
the export processing zone (EPZ) in the port of Larnaca.

    c. Prohibition of Forced or Compulsory Labor.--The Government 
prohibits forced or compulsory labor, including by children; however, 
there were reports that it occurred (see Section 5). There were also 
reports that foreign maids and illegal foreign workers were subject to 
the nonpayment of wages and the threat of deportation (see Section 
6.e.).

    d. Prohibition of Child Labor and Minimum Age for Employment.--The 
minimum age for employment in an ``industrial undertaking'' is 16. 
Labor inspectors enforced the law effectively.

    e. Acceptable Conditions of Work.--The legal minimum wage, reviewed 
each year, was approximately $725 (345 pounds) per month for shop 
assistants, practical nurses, clerks, hairdressers, and nursery 
assistants. The wage rose to approximately $770 (367 pounds) after 6 
months' employment. Neither amount provided a decent standard of living 
for a worker and family. All other occupations, including unskilled 
workers, were covered under collective bargaining agreements between 
unions and employers within the same economic sector. The wages set in 
these agreements were significantly higher than the minimum wage.
    The legal maximum workweek was 48 hours, including overtime. Actual 
working hours were determined by collective agreements between the 
unions and employers. In the private sector, the workweek was typically 
39 hours for white-collar workers and 38 hours for blue-collar workers. 
In the public sector, the workweek was 38 hours during the winter and 
35 hours in the summer. Labor inspectors effectively enforced these 
laws.
    There were press reports of the mistreatment of maids and other 
foreign workers. Such reports usually involved allegations that maids, 
often from East or South Asia, were mistreated by their employers or 
fired without cause in violation of their contracts. The law protects 
domestic workers who file a complaint with the Labor Ministry from 
being deported until their cases have been adjudicated; however, many 
women did not complain to authorities out of fear of deportation.
    In July, the media reported that following the country's EU 
accession, the Ministry of Labor experienced a substantial increase in 
the number of complaints of labor exploitation. Foreign workers, 
primarily from Eastern Europe, reportedly were forced to work up to 13 
hours a day, 7 days a week, for very low wages.
    The law requires employers to provide insurance liability coverage 
for work-related injuries. Workers may remove themselves from dangerous 
work conditions without risking loss of employment. According to labor 
union officials, these laws were enforced effectively. Factory 
inspectors processed complaints and inspected businesses to ensure that 
occupational safety laws were observed.
                              north cyprus
    Since 1974, the northern part of Cyprus has been governed by a 
Turkish Cypriot administration that proclaimed itself the ``Turkish 
Republic of Northern Cyprus'' (``TRNC'') in 1983. The ``TRNC'' is not 
recognized by any country except Turkey. Rauf Denktash was declared 
``president'' of the TRNC in 2000. ``Parliamentary'' elections in 
December 2003 were generally free and fair and resulted in the 
formation of a multiparty coalition government that elevated Mehmet Ali 
Talat to the position of ``prime minister.'' The judiciary is generally 
independent. The ``TRNC'' ``constitution'' is the basis for the basic 
laws that govern north Cyprus.
    Police are responsible for law enforcement. They are under the 
jurisdiction of the ``prime ministry'' but operate under the authority 
of the armed forces. There were instances in which civilian authorities 
did not maintain effective control of the police, but rather police 
took their orders from military officers. Members of the police 
committed one reported case of human rights abuse.
    The economy operated on free market principles, although there were 
significant administrative controls. Approximately 220,000 persons 
lived in north Cyprus. The economy was handicapped by restrictions 
imposed by the Republic of Cyprus and by international institutions and 
relied heavily on subsidies from Turkey. It was basically service-
oriented, with a smaller tourism and trade base but a larger 
agricultural sector than the Republic of Cyprus. For the year, 
inflation was estimated at 24.6 percent and economic growth at 5.4 
percent. Wages and benefits were generally adjusted in line with the 
rate of inflation.
    Authorities generally respected the human rights of citizens living 
under their control; however, there were problems in some areas. Police 
reportedly abused some suspects and detainees. After September, 
military courts no longer tried civilians unless they committed a 
military offense. The authorities reportedly subjected members of the 
Greek Cypriot community living in the north to surveillance. The 
authorities filed criminal charges against journalists for their 
reporting. Authorities' cooperation with the UNHCR was uneven. Turkish 
Cypriot authorities took some steps to improve the conditions of Greek 
Cypriots and Maronites living in the territory under their control, but 
these groups remained subject to discriminatory treatment.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Arbitrary or Unlawful Deprivation of Life.--There were no 
reports of arbitrary or unlawful deprivation of life by the government 
or its agents.
    During the year, there were no developments in the ECHR 
investigation into the 1996 killing of Kutlu Adali.

    b. Disappearance.--There were no reports of politically motivated 
disappearances.
    Authorities continued to participate in the autonomous, tripartite 
(U.N., Greek Cypriot, Turkish Cypriot) U.N. Committee on Missing 
Persons in Cyprus (CMP) as it continued its attempts to account for 
persons who remained missing after the intercommunal violence beginning 
in 1963-64 and the events beginning in July 1974.

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The basic law prohibits such practices, and authorities 
generally respected this in practice; however, there were reports that 
police abused detainees.
    During the year, there was one credible report of police abuse. In 
September, police beat a Turkish Cypriot during an arrest; police did 
not investigate the case because the victim did not file a complaint.
    Unlike the previous year, police did not prevent any 
demonstrations.
    Prison conditions generally met international standards, although 
there were some problems. Inmates complained of poor prison conditions, 
particularly overcrowding.
    Women were held separately from men; however, there were no 
separate cells for juveniles in prison. Pretrial detainees were held 
separately from convicted criminals.
    Authorities permitted prison visits by independent human rights 
observers, although no such visits occurred during the year.

    d. Arbitrary Arrest or Detention.--The basic law prohibits 
arbitrary arrest and detention; however, at times police did not 
observe these prohibitions.
    The Chief of Police reports to the Turkish Cypriot general holding 
the ``security portfolio,'' and the general is under the supervision of 
the ``prime ministry.'' The police are divided into eight functional 
divisions and five geographic divisions. While there were no serious 
corruption or bribery cases within the police, there were individual 
cases of misappropriation, and officers were punished and discharged 
from the force. The office of the ``Attorney General'' worked in 
conjunction with an officer from the Inspection Division (or 
occasionally the Criminal Investigative Division) to conduct 
investigations into allegations of police misconduct. During the year, 
no investigations resulted in the prosecution of officers for the abuse 
of detainees.
    Judicially issued arrest warrants were required. No person could be 
detained for more than 1 day without referral of the case to the courts 
for extension of the period of detention. However, for a serious crime, 
one could be held without being charged. Most periods of investigative 
detention did not exceed 8 to 10 days before formal charges were filed. 
Attorneys generally had access to detainees; bail was permitted.
    Police at times did not observe legal protections, particularly at 
the time of arrest. In some instances, suspects were not permitted to 
have their lawyers present when testimony was taken, in contravention 
of the basic law. Suspects who demanded the presence of a lawyer were 
sometimes threatened with stiffer charges or physically intimidated. A 
high percentage of cases were closed based on confessions or written 
testimonies taken during initial police interrogation under these 
conditions. Such cases generally did not reach the courts.
    There were no developments in the 2001 ECHR case brought by Greek 
Cypriot Panicos Tziakourmas. The case was still pending at year's end.

    e. Denial of Fair Public Trial.--The basic law provides for an 
independent judiciary, and authorities generally respected this 
provision in practice.
    Most criminal and civil cases begin in district courts, from which 
appeals are made to Supreme Courts. There were no special courts for 
security or political offenses, although civilians could be tried in 
military courts until September.
    There were no reports of political prisoners.
    In December 2003, the Government of Turkey paid Titina Loizidou 
approximately $1.5 million (1.12 million euros) following an ECHR 
decision to provide restitution and compensation to Loizidou for the 
loss of the use of her property. The issue of returning Loizidou's 
house was pending with the COE at year's end.
    In July 2003, the ECHR ruled against Turkey in two separate but 
similar cases involving the loss of Greek Cypriot property in north 
Cyprus. The Republic of Cyprus estimated that Greek Cypriots had filed 
approximately 500 cases against Turkey at the ECHR. By year's end, the 
ECHR had not reached a decision on any of the approximately 45 similar 
cases in which the Republic of Cyprus had exercised its right to 
intervene.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The basic law prohibits such actions; however, there 
were reports that police subjected Greek Cypriots and Maronites living 
in the north to surveillance (see Section 5).
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The basic law governing north 
Cyprus provides for freedom of speech and of the press, and Turkish 
Cypriot authorities generally respected these rights in practice and 
did not restrict academic freedom; however, authorities continued to 
pursue criminal charges against a number of journalists.
    There were 12 newspapers that operated independent of government 
control; however, most had a political party affiliation or bias. There 
were two television channels operated by Turkish Cypriot authorities 
and four private channels. In addition to three small, university-run 
radio stations, eight private radio stations operated. Authorities 
operated three radio stations and security forces ran one radio 
station. International broadcasts were available without interference 
throughout the island, including telecasts from Turkey and Greece.
    In November 2003, authorities filed criminal charges against five 
journalists with the daily newspapers Kibris and Ortam for insulting 
the army in their reports about police actions against demonstrators in 
the village of Doganci in March 2003. The journalists faced possible 
prison sentences of 21 to 81 years and were informed that they would be 
summoned to appear before a Turkish military court. However, in 
September, the ``National Assembly'' enacted a law that prevents 
civilians from being tried in military courts. Authorities have not 
scheduled a trial for the five journalists, and the charges remained 
pending at year's end.
    At year's end, charges of libel and defamation filed in 2002 
against several journalists from the opposition newspaper Afrika 
remained pending in Turkish Cypriot district and military courts.
    On February 17, authorities withdrew criminal charges pending 
against a Turkish Cypriot history teacher and individual members of a 
union who had protested on her behalf. In 2001, the teacher published 
an article critical of Turkey and its military. In response, the 
authorities charged her with defamation and suspended her from her 
teaching position. Supported by the union, the teacher reported to her 
job despite the suspension, and authorities charged her and several 
others with trespassing on school property.
    Authorities at times restricted the ability of journalists to cross 
the buffer zone to cover news events. The ``Press Information 
Office's'' policy was to provide escorts for Greek Cypriot journalists 
covering events in the north during business hours and to provide 
escorts for groups of Greek Cypriot journalists and for journalists 
covering important meetings regardless of the time of day. This policy 
was not strictly enforced, and Greek Cypriot journalists reported that 
they were permitted to cover some events in the north without an 
escort. Authorities required Greek Cypriot journalists to wear yellow 
jackets with a ``TRNC'' flag on them to cover official visits, such as 
those of Turkish officials.
    On June 23, police refused to allow a Turkish journalist to enter 
the north from the government-controlled area. Police at a buffer zone 
checkpoint reportedly told the journalist that he had entered the 
island illegally when he used the Larnaca airport, and therefore he 
would not be permitted to cross the green line.
    Authorities did not restrict access to the Internet.

    b. Freedom of Peaceful Assembly and Association.--The basic law 
provides for freedom of assembly and association, and the authorities 
generally respected these rights in practice. Unlike in the previous 
year, there were no reports that the police blocked or dispersed 
demonstrations.
    Charges against organizers of the March 2003 demonstration in the 
village of Doganci remained pending at year's end.

    c. Freedom of Religion.--The ``TRNC constitution'' provides for 
freedom of religion, and authorities generally respected this right in 
practice. There are also ``constitutional'' and legal prohibitions 
against religious discrimination. Non-Muslims were allowed to practice 
their religions.
    The ``TRNC constitution'' permits the Turkish Cypriot religious 
trust, the Evakf (the Muslim institution that regulates religious 
activity for Turkish Cypriots), to regulate and administer its internal 
affairs and property in accordance with Evakf laws and principles.
    Following the April 2003 decision by authorities to relax crossing 
restrictions, Greek Cypriots and Maronites reported relatively easy 
access to most religious sites in north Cyprus but were still 
prohibited from visiting religious sites located in military zones.
    On August 27, a bomb exploded in the doorway of Agias Mamas Church 
near the town of Guzelyurt/Morphou. No one was hurt in the incident. 
Although no one claimed responsibility, it was widely believed that 
Turkish Cypriot nationalists planned the attack to disrupt a Greek 
Cypriot religious ceremony, which was to be held several days later. In 
the end, the church was repaired, and the ceremony took place on 
September 1 and 2. This was the first time in 30 years that Greek 
Cypriots had been able to hold services in the church; however, Turkish 
Cypriot authorities did not allow the Greek Cypriot organizers to ring 
the church bell as part of the ceremony.
    Greek Cypriots reported that vacant Orthodox churches had been 
vandalized and religious icons removed. Missionaries have the legal 
right to proselytize, but authorities closely monitored missionary 
activities.
    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 basic law provides for these rights, 
and they were generally respected in practice.
    In April 2003, authorities relaxed many green line crossing 
restrictions and abolished both the $2.15 (1 pound) crossing fee and 
the requirement of advance permission. Authorities opened two 
additional checkpoints to facilitate the flow of personal vehicles 
across the buffer zone. Since April 2003, Turkish Cypriots traveling to 
the south have not needed prior permission from authorities nor have 
they had to provide an itinerary and the purpose of their travel.
    Authorities required Greek Cypriots to obtain a ``visa'' to visit 
the north, although this was relatively easy after April 2003.
    For part of the year, Greek Cypriots were required to present their 
passports at the checkpoints along the buffer zone, something many were 
reluctant to do. On May 26, authorities stopped requiring Greek 
Cypriots to show their passports, although identification cards were 
still required, and travelers had to fill out a ``visa form.'' 
Authorities did not accept identification written only in Greek. Greek 
Cypriots were permitted to drive their personal vehicles in the north, 
provided they arranged insurance with a provider in the Turkish Cypriot 
community. They were allowed to spend up to 3 nights in the north as 
long as they stayed in a hotel and provided receipts; however, this was 
not strictly enforced. Turkish Cypriots flew in and out of Larnaca 
Airport in the south without obstruction.
    Authorities maintained restrictions on the 403 Greek Cypriots and 
140 Maronites living in enclaves in north Cyprus. During the year, the 
authorities limited overnight stays by child relatives of enclaved 
Greek Cypriots and Maronites to a ``reasonable period,'' with 
extensions possible. Immediate relatives of enclaved Greek Cypriots 
were exempt from the requirement that they stay at a hotel and instead 
could stay with their relatives.
    At year's end, Turkish and Turkish Cypriot forces continued to 
operate a checkpoint adjacent to the Greek Cypriot village of Strovilia 
and the British eastern Sovereign Base Area that restricted UNFICYP 
movement.
    Turkish Cypriots had difficulty traveling to most countries because 
only Turkey recognizes travel documents issued by the ``TRNC,'' and 
most Turkish Cypriots used Turkish travel documents instead. Since 
April 2003, Turkish Cypriots increasingly obtained Republic of Cyprus 
passports from the Government.
    The basic law prohibits forced exile, and the authorities did not 
employ it.
    The basic 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. Authorities have not 
established a system for providing protection to refugees. In practice, 
authorities did not provide protection against refoulement, the return 
of persons to a country where they feared persecution. Individuals who 
requested asylum were directed to the UNHCR; however, there were 
reports that not all individuals who wished to seek asylum were 
permitted to do so.
    Authorities' cooperation with the UNHCR was uneven. During the 
year, working with the assistance of a local NGO, the UNHCR continued 
examination of the asylum claims of 4 persons who entered north Cyprus 
in accordance with official procedures. Their cases remained pending at 
year's end. Authorities arrested 172 illegal immigrants who arrived in 
north Cyprus without proper documentation and subsequently deported 
them to their countries of origin without the opportunity to apply for 
asylum through the UNHCR.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The basic law provides Turkish Cypriots the right to change their 
government peacefully, and they exercised this right in practice 
through periodic, democratic elections held on the basis of universal 
suffrage.
    On April 24, Turkish Cypriots and Greek Cypriots voted in separate, 
simultaneous referenda on the settlement plan proposed by U.N. 
Secretary General Kofi Annan (the ``Annan plan'') that would have 
reunified the island after 30 years of division. While 65 percent of 
Turkish Cypriots voted to accept the Annan plan, 76 percent of Greek 
Cypriot voters rejected the proposal.
    Turkish Cypriots choose a leader and a representative body every 5 
years or less. In December 2003, ``parliamentary'' elections resulted 
in an even 25-25 split of seats in the ``National Assembly'' between 
parties favoring a solution to the division of the island based on the 
Annan plan and parties favoring the status quo. A coalition 
``government'' formed shortly thereafter elevated Mehmet Ali Talat, one 
of the leading figures supporting a settlement, to the position of 
``Prime Minister.'' There were numerous reports that the parties in 
power before the December 2003 election misused public resources in 
support of their campaigns. They reportedly distributed public-sector 
jobs to supporters, exerted control over the publicly owned media, used 
monetary incentives to pressure Turkish-origin voters to vote for the 
status quo, and engaged in other similar activities. By year's end, the 
new ``government'' was investigating three cases of the previous 
``government's'' alleged practice of distributing land and bogus 
``citizenships'' in an attempt to sway election results. The previous 
``government's'' role in a banking sector bankruptcy case was also 
under investigation.
    Greek Cypriots and Maronite residents were prohibited from 
participating in Turkish Cypriot elections; they were eligible to vote 
in Greek Cypriot elections, but must travel to the south to exercise 
that right. Officials in the north representing Greek Cypriots and 
Maronites were appointed by the Republic of Cyprus and were not 
recognized by Turkish Cypriot authorities.
    Corruption, cronyism, and lack of transparency were perceived to be 
serious problems in the legislative and executive branches, although no 
high profile cases came to light. During the year, the Republic Turkish 
Party (CTP)-Democratic Party (DP) coalition made significant 
improvements over past administrations in dealing with these problems.
    Women held three seats in the 50-seat ``National Assembly'' and 
some cabinet-level, judicial, and other senior positions. There were no 
minorities represented in the ``National Assembly.''
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    A number of domestic and international independent human rights 
groups generally operated without restriction from the authorities, 
investigating and publishing their findings on human rights cases. 
Officials generally were cooperative and responsive to their views.
    Human rights groups were generally only concerned with alleged 
violations of Turkish Cypriot rights by Greek Cypriots.
    The U.N., through the autonomous tripartite CMP, continued its 
efforts to account for persons who remained missing after the 
intercommunal violence beginning in 1963-64 and the events beginning 
July 1974 (see Section 1.b.).
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The basic law provides for protection against discrimination based 
on sex or national, racial, or ethnic origin. While the authorities 
generally respected such laws, serious problems remained concerning the 
treatment of Greek Cypriots and Maronites.

    Women.--Domestic violence was a problem, but there was little 
discussion of it in public. The law prohibits domestic violence; 
however, cases were rare in the legal system, since they were typically 
considered a family matter.
    The basic law provides for no minimum sentence for individuals 
convicted of rape, including spousal rape; the maximum sentence is life 
imprisonment. The authorities and police effectively handled and 
prosecuted rape cases, including cases of spousal rape. There were no 
NGOs to support rape victims.
    There were some reports that women were trafficked to north Cyprus 
for the purposes of sexual exploitation (see Section 5, Trafficking).
    The basic law contains no provision specific to sexual harassment; 
however, victims could pursue such cases under other sections of the 
criminal code. Sexual harassment was not discussed widely, and any such 
incidents largely were unreported.
    Women generally have the same legal status as men. Women married to 
foreigners have the right to transmit citizenship automatically to 
their children. The law on marriage and divorce provides for relatively 
equal treatment of husbands and wives. In cases of divorce, the court 
decides on a fair distribution of the family's assets, with each 
partner assured a minimum of 30 percent.
    Laws requiring equal pay for men and women performing the same work 
were enforced effectively at the white-collar level; however, women 
working in the agricultural and textile sectors were routinely paid 
less than their male counterparts.

    Children.--Authorities were strongly committed to children's rights 
and welfare; they funded public education and health care for those who 
could not afford it. There was no difference in the health care and 
educational opportunities available to boys and girls. Education 
through the age of 15 was free and compulsory. Publicly funded health 
care was available to the entire population; however, patients faced 
long waits for services in public medical facilities.
    On August 4, the U.N. brokered an agreement between the Government 
of Cyprus and the Turkish Cypriot authorities to reopen the 
Rizokarpasso Gymnasium, a high school for enclaved Greek Cypriot 
students located in the largest Greek Cypriot village in the Karpas 
peninsula. Until the Rizokarpasso Gymnasium reopened in September, 
parents had been forced to choose between keeping their children with 
them and sending them to the south for further education. Authorities 
did not permit children or families who moved south to return to live 
permanently in north Cyprus.
    Authorities screened all textbooks sent to Greek Cypriot elementary 
schools from the south, which caused lengthy delays in their 
distribution and shortages of up-to-date textbooks.
    There were no reported cases of child abuse; however, as with 
domestic violence, there were social and cultural disincentives to 
seeking legal remedies for such problems.

    Trafficking in Persons.--The law does not specifically prohibit 
trafficking, and there were some reports that women were trafficked to 
north Cyprus for the purpose of prostitution.
    Procurement for prostitution is a misdemeanor, and a law designed 
to regulate the hiring of women in nightclubs provides penalties for 
women and employers who engage in prostitution.
    Turkish Cypriot authorities issued ``artiste visas'' to women, 
primarily from Eastern Europe, permitting their entry into north Cyprus 
to work in nightclubs. There were credible reports that these women 
engaged in prostitution and that some women were coerced. Authorities 
denied the existence of trafficking during most of the year but later 
admitted the problem was a concern and began to allocate resources to 
combat it. In December, Turkish Cypriot authorities took action in 
response to specific information about a named victim of trafficking. 
After interviewing the woman and determining that she did not wish to 
remain on the island, authorities repatriated her to her country of 
origin.
    There were no NGOs available to provide assistance to trafficking 
victims.

    Persons With Disabilities.--The ``TRNC constitution'' prohibits all 
forms of discrimination, including against persons with disabilities, 
and there were no reported restrictions on access to employment, 
education, health care, or government services. The law does not 
mandate access to public buildings and other facilities for persons 
with disabilities.

    National/Racial/Ethnic Minorities.--The ``TRNC constitution'' 
prohibits discrimination. The 1975 Vienna III Agreement remains the 
legal source of authority regarding the treatment of Greek Cypriots and 
Maronites; however, the authorities' noncompliance with some of the 
agreement's provisions made daily life difficult for the 403 Greek 
Cypriots and 140 Maronites residents.
    Greek Cypriots and Maronites in the north alleged that they were 
routinely subject to surveillance. Representatives of both communities 
complained that their phones were tapped and that Turkish Cypriot 
authorities occasionally broke into their homes.
    UNFICYP access to Greek Cypriots and Maronites remained limited. 
Although the Vienna III Agreement provides for medical care by a doctor 
from the Greek Cypriot community, only care provided by Turkish Cypriot 
doctors registered with authorities was permitted. Greek Cypriots and 
Maronites were still unable to leave property to heirs residing in the 
south.

    Incitement to Acts of Discrimination.--School authorities continued 
to use textbooks at the primary and secondary levels that included 
inflammatory language derogatory of Greek Cypriots. Beginning in March, 
the ``Ministry of Education'' began revising the history syllabus and 
textbooks used in schools after concluding that the existing text 
encouraged students to view Greek Cypriots as enemies and the EU as a 
``rotten apple.''
Section 6. Worker Rights
    a. The Right of Association.--All workers, except members of the 
police and military forces, have the legal right to form and join 
unions of their own choosing without prior authorization, and workers 
did so in practice. Approximately 50 to 60 percent of private sector 
workers and all public sector workers belonged to labor unions.
    Some companies established company-led unions then pressed workers 
to join them. Officials of independent labor unions stated that 
authorities created rival public sector unions to weaken the 
independent unions.
    In 2003, there were press reports that public sector authorities 
discriminated against members of pro-solution labor unions who 
participated in political activities, including demonstrations. In some 
cases, individuals were passed over for promotion or were reassigned to 
undesirable jobs or locations.
    The law does not prohibit antiunion discrimination. Union leaders 
contended that private sector employers were able to discourage union 
activity because the enforcement of labor regulations was sporadic and 
penalties, such as reassignment to and undesirable location or denial 
of promotion, for antiunion practices were minimal.

    b. The Right to Organize and Bargain Collectively.--By law, unions 
and confederations are free to organize and bargain collectively, and 
they did so in practice. Authorities did not compile the number of 
persons covered by collective bargaining agreements; however, union 
officials informally estimated that 98 percent of workers in the public 
sector and 1 percent of workers in the private sector were unionized.
    A special commission composed of five representatives each from 
organized labor, employers, and the authorities reviewed wage levels 
several times a year for both private and public sector workers and 
established corresponding cost-of-living wage increases.
    The law provides for the right to strike; however, employers have 
an unrestricted right to hire replacement workers in the event of a 
strike, thereby limiting the effectiveness of the right. In addition, 
authorities have the power to curtail strikes in ``essential 
services,'' although this power was used rarely in practice.
    There are no special laws or exemptions from regular labor laws in 
the export processing zone in the port of Famagusta.

    c. Prohibition of Forced or Compulsory Labor.--The authorities 
prohibited forced or compulsory labor, including by children; however, 
there were reports that illegal migrant workers were subject to the 
nonpayment of wages and the threat of deportation (see Section 6.e.).

    d. Prohibition of Child Labor and Minimum Age for Employment.--The 
minimum age for employment in an ``industrial undertaking'' is 16 
years, and children may be employed in apprentice positions at the age 
of 15. There were labor inspectors who enforced the law effectively; 
however, it was common in family-run shops for children to work after 
school, and the press reported that children as young as age 11 worked 
in orchards during school holidays.

    e. Acceptable Conditions of Work.--The minimum wage of $447 (627 
million Turkish lira) per month was subject to frequent review because 
of high inflation and did not provide a decent standard of living for a 
worker and family.
    The legal maximum workweek was 38 hours in the winter and 36 hours 
in the summer. Labor inspectors effectively enforced these laws.
    The authorities enforced occupational safety and health regulations 
sporadically. Factory inspectors processed complaints and inspected 
businesses to ensure that occupational safety laws were observed; 
however, workers who filed complaints did not receive satisfactory 
legal protection and could face dismissal.
    A significant percentage of the labor force consisted of illegal 
migrants, mainly from Turkey. There were frequent allegations that such 
workers were subject to mistreatment, including the nonpayment of wages 
and threats of deportation. In September, the ``National Assembly'' 
approved a measure, aimed at persons of Turkish origin, requiring 
foreigners who entered the north to have passports and to register 
their documents if they planned to work.

                               __________

                             CZECH REPUBLIC

    The Czech Republic is a constitutional democracy with a bicameral 
Parliament, led by a parliamentarily elected President as head of 
state, and a presidentially appointed Prime Minister as head of 
government. In 2003, Parliament elected Vaclav Klaus as President. Free 
and fair elections held in June 2002 resulted in a coalition government 
under Prime Minister Vladimir Spidla. In July, the Government fell, and 
the same three coalition parties formed a new government under former 
Deputy Prime Minister Gross. As the leader of the strongest party, 
Gross was appointed Prime Minister by the President, and he then 
selected a Cabinet, which was accepted through a vote of confidence in 
the Chamber of Deputies. There were no irregularities in the process of 
forming the new Government. The judiciary is independent.
    The Ministry of the Interior oversees the police. The civilian 
internal security service, known as the Security and Information 
Service, reports to the Parliament and the Prime Minister's office 
through the Interior Minister. The civilian authorities maintained 
effective control of the security forces and military. A few members of 
the security forces committed human rights abuses.
    The country's economy was market-based, and its population was 
approximately 10.2 million. The economy grew by 2.5 percent through 
September. Inflation held steady at 0.1 percent, while wages grew by 
6.3 percent. The workforce was employed primarily in industry, retail, 
and construction.
    The Government generally respected the human rights of its 
citizens; however, there were problems in some areas. Occasional police 
violence and use of excessive force remained a problem. Long delays in 
trials were a problem. There was some violence and discrimination 
against women and children. Occasional skinhead violence and 
discrimination against Roma, particularly regarding housing, remained 
problems. Romani children continued to be sent to special remedial 
schools at a disproportionate rate. 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.

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

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The Constitution prohibits such practices; however, there 
were reports that police used excessive force, particularly against 
Roma.
    In August, charges of police brutality filed jointly by two 
expatriates, one Briton and one New Zealander, were dismissed due to 
lack of evidence. The men claimed that, after they were detained for 
not paying their bill at a Prague bar on April 9, Municipal Police 
officers initially took them to the local police station, but later 
drove them to an abandoned area, where they kicked and beat the men 
repeatedly with truncheons. Both received hospital treatment following 
the incident. Their lawyer filed an appeal in the case, which was 
pending at the end of the year.
    Five officers, who allegedly broke into a Romani family's home 
while off duty in May 2003 and racially insulted and beat the family 
members, were tried during the year. Three of the officers were found 
not guilty, and all charges against them were dismissed. The other two 
officers were dismissed from their positions, and their trial remained 
ongoing at year's end.
    There were reports that police and prosecutors increasingly 
recognized that there were ethnic or racial motives for crimes; 
however, some observers criticized the police for their ineffectiveness 
in investigating such crimes (see Section 5).
    Prison conditions generally met international standards, and the 
Government permitted visits by independent human rights observers. 
However, there was overcrowding in many prisons, and as of June of this 
year, the prison system was at 115.6 percent of capacity.
    A July 1 amendment to the Criminal Code that requires half of an 
inmate's earnings from prison work to be returned to the state to pay 
for damages, prison costs, or court costs spurred protest by roughly 
one-third of the 1,000 inmates at Vinarice prison.
    Women and men were held separately, juveniles were held separately 
from adults, and pre-trial detainees were held separately from 
convicted prisoners.

    d. Arbitrary Arrest or Detention.--The law prohibits arbitrary 
arrest and detention, and the Government generally observed these 
prohibitions.
    The State Police are responsible for enforcing the law and were 
generally effective in doing so, although some instances of police 
corruption were reported. The Ministry of Interior oversees the police. 
The Inspectorate of the Ministry of Interior is responsible for 
investigating allegations of police misconduct. During the year, the 
Government continued an active effort to recruit Roma to serve in law 
enforcement and improve police relations with the Romani community (see 
Section 5).
    According to the Ministry of Interior, the number of investigated 
cases of abuse of authority by police and Ministry officials declined 
during the year to 129 from 252 in 2003. In 2003, 110 public officials 
were convicted of abuse of authority; this year, only 1 was convicted. 
In 2003, there were 104 investigated cases of bribery; 75 public 
officials were convicted, and of these, 45 were given suspended 
sentences, 14 were fined, and 4 received unconditional sentences. 
During the year, there were 210 investigated bribery cases and 97 
convictions; of these convictions, 54 were given suspended sentences. 
Cases of corruption were most prevalent in traffic and insurance fraud 
investigations.
    Persons suspected of crimes were apprehended openly, with warrants 
based on sufficient evidence and issued by a prosecutor, and brought 
before an independent judiciary. Police may hold persons without charge 
for up to 48 hours, during which time they have the right to counsel, 
although they may not contact family members. After 48 hours, police 
must have determination from a judge and prosecutor that the suspect 
will be charged before they can hold the suspect further. When the 
judge and prosecutor decide to charge the suspect, the suspect may 
contact family members.
    The law allows bail except for certain serious crimes.
    Under the law, pretrial detention may last no longer than 4 years 
and then only for cases considered ``exceptionally grave'' under the 
Criminal Code. Lengthy pretrial detention and long delays in trials 
were problems and were primarily due to judicial inefficiency, 
financial constraints, and staff shortages. In practice, the average 
length of pretrial detention during the first half of the year was 143 
days, few pretrial detainees were held for longer than 2 years. A 
suspect may petition investigating authorities at any time for release 
from detention.

    e. Denial of Fair Public Trial.--The Constitution provides for an 
independent judiciary, and the Government generally respected this 
provision in practice; however, structural and procedural deficiencies, 
as well as a lack of training and resources, hampered the effectiveness 
of the judiciary. There were allegations of judicial corruption, 
particularly surrounding bankruptcy and commercial courts.
    The court system consists of district, regional, and high courts. 
The Supreme Court is the highest court of appeal. The separate 
Constitutional Court has final authority for cases concerning the 
constitutionality of legislation. Judges are nominated by the Minister 
of Justice and appointed for life by the President. The Senate must 
confirm Constitutional Court judges.
    The law provides for the right to a fair trial, and an independent 
judiciary generally enforced this right. There was a large backlog of 
cases. Approximately half of appealed cases were returned to lower 
court for retrial. During the year, the European Court for Human Rights 
(ECHR) ruled against the Government in 24 cases related to the slow 
pace of court proceedings; at year's end, approximately 70 cases 
concerning the country were being processed by the ECHR, most of which 
are related to the excessive length of court proceedings. In April, the 
Government offered compensation to 25 persons with cases at the ECHR 
against slow court proceedings in an attempt to lessen the overall 
number of disputes.
    In January, a new hotline at the Ministry of Justice was 
established, via which citizens can report on suspected corruption. 
Within the first 8 months of the year, the hotline received 277 calls; 
of these, 46 were accusations towards judges, 17 against prosecutors. 
These cases were reviewed, and 12 were fully investigated by police; 
none of the accusations were proven.
    The Office for the Documentation and Investigation of the Crimes of 
Communism continued to investigate actions taken by government 
authorities and Communist Party members during the 1948-1989 Communist 
regime. During the year, the case regarding Pavel Minarik, who 
allegedly plotted an attack on the Munich headquarters of Radio Free 
Europe in the mid-1970s, was sent back to police and prosecutors for 
further investigation. In October 2003, the High Court sentenced Karel 
Hoffmann to 6 years in prison for his role in halting radio broadcasts 
during the 1968 Warsaw Pact invasion; the 80-year-old Hoffmann began 
serving his 4-year sentence in August but was released after 3 weeks on 
health grounds. Petr Zak, a former senior state security official who 
in 2003 received a 3-year sentence for participation in antidissident 
raids, successfully appealed the court's decision and, as a result, had 
the sentence overturned.
    There were no reports of political prisoners.
    There were no instances in which the Government failed to enforce 
court orders with respect to restitution or compensation for takings of 
private property under domestic law.

    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 
some allegations of forced sterilization of Romani women and that 
municipal governments forced Roma to relocate (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 and did not restrict academic freedom.
    The independent media were active and expressed a wide variety of 
views without restriction.
    The law calls for prison terms of between 6 months and 3 years for 
persons who publicly deny the Nazi Holocaust or the Communist genocide 
had taken place. The law also prohibits publishing information that 
incites hatred based on race, religion, class, nationality, or other 
group affiliation.
    In January, the Prague Municipal Court re-imposed an overturned 3-
year sentence on Michal Zitko for supporting a movement aimed at 
suppressing human rights. In 2000, Zitko was arrested on charges of 
slandering a race, nation, or belief for publishing an edition of 
Hitler's book ``Mein Kampf.'' The re-imposition of Zitko's original 
sentence followed expert testimony that his publication could have 
influenced Neo-Nazi groups 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 this right in practice; however, it may legally 
restrict assemblies that promote hatred and intolerance, advocate 
suppression of individual or political rights, or otherwise jeopardize 
the safety of participants. Permits normally are required for 
demonstrations, but police rarely interfered with spontaneous, peaceful 
demonstrations.
    The Constitution provides for freedom of association, and the 
Government generally respected this right in practice. Organizations, 
associations, foundations, and political parties were required to 
register with local officials or the Interior Ministry, but there was 
no evidence that this registration was either coercive or arbitrarily 
waived.
    The law prohibits political parties from conducting activities of 
any kind at universities; however, students were allowed to form their 
own political groups.

    c. Freedom of Religion.--The Constitution provides for freedom of 
religion, and the Government generally respected this right in 
practice.
    The Ministry of Culture oversees a voluntary, two-tiered 
registration process for religious groups. For the first tier, groups 
must have 300 adult permanent resident members. If a group wishes to 
attain the second tier registration level, at which they can have 
special rights (such as teaching religion in state schools, delegating 
persons to perform clerical activities in the military, qualifying for 
government financial subsidies, and being entitled to perform marriages 
and establish church schools), a religion must have been registered for 
10 years and obtain signatures equal to 1 signature per every 1,000 
citizens as per the last census. Very few small or less established 
religions were able to obtain the required signatures to obtain second 
tier registration.
    Several unregistered religious groups have criticized the law as 
prejudicial against smaller religions. Some critics also argued that 
completing registration at the second tier level necessary for 
government subsidies would be difficult to attain due to the 10-year 
observation period. If a church wishes, it can register as a civic 
association rather than go through the above process to be permitted to 
perform fundraising activities. There were 26 officially recognized 
groups, one of which, the Association of Muslim Centres, registered 
during the year, the first time a Muslim organization was officially 
registered as a religious entity in the country.
    All religious groups officially registered with the Ministry of 
Culture are eligible to receive limited tax benefits or government 
subsidies, depending on the size of their membership and length of 
presence in the country. Unregistered religious groups may not legally 
own communal property but often formed civic-interest associations for 
this purpose. Unregistered religious groups otherwise were free to 
assemble and worship as they chose, and their members issued 
publications without interference.
    A small but persistent and fairly well organized extreme rightwing 
and anti-Semitic movement still existed. The Ministry of Interior 
continued a forceful effort to counter the movement, which included 
monitoring of its activities, cooperating with police units in 
neighboring countries, and concentrated efforts to shut down 
unauthorized concerts and gatherings of neo-Nazi groups.
    In January, police detained Denis Gerasimov, a member of a Russian 
neo-Nazi band, at the Prague airport after police found Nazi propaganda 
in his bag. He was charged with supporting and propagating a movement 
to suppress human rights, and his case was pending at year's end. In 
August, approximately 80 tombstones were found toppled by unknown 
vandals at a Jewish cemetery in the eastern town of Hranice. In 
October, vandals damaged a memorial to victims of the Holocaust for the 
second time since it was erected in July in the town of Bohumin. Both 
incidents were reported to the police. Parliament approved a law on 
February 10 designating January 27 as Holocaust Remembrance Day in the 
country.
    Plans to build a mosque in Teplice were withdrawn during the year 
due to protests from the town's residents. A petition against the 
mosque, noting recent incidents of Arab terrorism, garnered 4,500 
signatures from a population of 53,000. Teplice is popular among Arab 
tourists for its medicinal spas; in 2003 the town had approximately 
2,850 visitors from Arab countries.
    In March, plans for a mosque to be built in Orlova were cancelled 
when funding fell through. A spokesman for the Islamic Foundation, a 
Czech-registered nongovernmental organization (NGO), noted he had never 
heard of the Islamic Union, the supposed firm backing the project, and 
that Orlova's Islamic community was too small to warrant the planned 
mosque.
    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 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. 
The Government also provided temporary protection to individuals who 
may not qualify as refugees under the 1951 Convention/1967 Protocol. 
During the year, 5,152 persons applied for asylum in the country; 121 
were ultimately granted asylum, and many others remained in the country 
at year's end awaiting a decision on their asylum application.
    A law on asylum establishes a list of ``safe countries of origin'' 
from which applicants are unlikely to be granted refugee status. While 
the law is meant to discourage applicants from countries that observe 
human rights and democratic institutions, it does not prevent 
applications or the granting of asylum. Applicants whose cases are 
denied may appeal to the relevant regional court and the Government 
must abide by the court's decision.
    The Government funded an integration program to assist refugees in 
locating housing and receiving social assistance. Two reception 
centers, six camps, and six integration centers were provided for 
recognized refugees. Conditions at the refugee camps were good, and 
NGOs noted overall conditions at detention centers for illegal migrants 
in Balkova and Velke Prilepy improved. A new center was opened to care 
for unaccompanied minors.
    The case of Palestinian refugee Ibrahim Ziyad, who spent 
approximately 6 months in the transit area of Prague's Ruzyne Airport, 
was dissolved in February when Ziyad illegally entered Germany. Ziyad 
asked for asylum after landing in Prague in August 2003 on a flight 
from Turkey but was denied and returned to Istanbul. Turkey refused to 
re-admit Ziyad, and he was returned to Prague, where he remained in the 
transit area. In January, a refugee advocate was able to meet with 
Ziyad and appeal his asylum case. Czech courts failed to act on his 
appeal within 30 days and thus forced the Interior Ministry to take 
custody of Ziyad.
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 joined the European Union (EU) in May.
    The November Senate elections were widely considered free and fair.
    Prime Minister Stanislav Gross's Government, which was formed in 
July, consisted of the Prime Minister's left-of-center Social Democrat 
Party, the centrist Christian Democrat Party, and the center-right 
Freedom Union Party. The ``Lustration'' (vetting) Law prohibited many 
former Communist Party officials, People's Militia members, and 
suspected secret police collaborators from holding a wide range of 
elected and appointed offices, including senior positions in state-
owned companies, academia, and the media. The law was scheduled to 
expire in January but was extended for an indefinite period of time. In 
August, the newly-appointed Head of the Government Office under the 
Gross Government, Pavel Pribyl, was found to have commanded a police 
unit that attacked anti-communist protesters in 1989 and was ultimately 
forced to resign. In June, Finance Minister Sobotka likewise dismissed 
his deputy, Jaroslav Sulc, when it was revealed he was a former member 
of the Communist secret service.
    Allegations that a bribe was offered to a Member of Parliament 
(M.P.) to bring down the Government led to an effort by M.P.s to pass a 
Code of Ethics. Legislation to establish a Code for all government 
officials was under discussion at year's end.
    During the year, corruption remained a problem. In April, the 
police anticorruption unit charged 19 customs officials working at the 
south Moravia border with taking bribes from truck drivers. According 
to a police spokeswoman, the customs officers received bribes of 
between $6 and $13 (151 to 302 CZK) from truck drivers crossing the 
border; approximately 800 trucks pass through the border daily. The 
crime was part of an on-going investigation, and the officers involved 
faced criminal charges.
    The Justice, Interior, Agriculture, and Finance Ministries all have 
hotlines citizens may call to report instances of corruption by 
ministry employees; the Labor Ministry established an anticorruption 
hotline in September.
    The law guarantees public access to government information. The 
Government provided such access in practice for citizens and 
noncitizens, including foreign media. No prohibitive fees were used, 
and applicants may appeal a decision about information release within 
15 days of a decision or if the time limit for processing a request is 
exceeded.
    There were 33 women in the 200-seat Chamber of Deputies and 8 women 
in the 81-seat Senate. The Government had two female Cabinet members.
    There were no members of minorities in the 200-seat Chamber of 
Deputies, the 81-seat Senate, or the Cabinet; one justice on the 
Constitutional Court was an ethnic Slovak. Most of the estimated 
150,000 to 175,000 Roma were not fully integrated into political life 
(see Section 5). Few Roma served in local government, although some 
were appointed to advisory positions in government ministries.
Section 4. Governmental Attitude Regarding International 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    A number of domestic and international human rights groups 
generally operated without government restriction, investigating and 
publishing their findings on human rights cases. Government officials 
were cooperative and responsive to their views.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The Constitution prohibits discrimination on the basis of race, 
gender, disability, language, or social status; however, societal 
discrimination against women and Roma persisted.

    Women.--The extent of violence against women was unknown; however, 
some studies indicated that it was more common than publicly 
acknowledged. In 2003, the Czech Academy of Science conducted a survey 
entitled International Violence Against Women, according to which 59 
percent of respondents have experienced violence at least once during 
their lives, 38 percent while in a partner relationship. Very few women 
reported incidents to the police, but those who did said that police 
recommended specialized treatment and legal advice in addition to 
writing a required police report. The survey showed that most 
victimized women report incidents only to friends; 23 percent did not 
tell anyone.
    The Government amended its Criminal Code to recognize domestic 
violence as a distinct crime. According to the new law, those who 
commit violence against relatives or domestic partners may receive up 
to 3 years in prison; if the extent of the domestic violence is severe, 
prolonged, or involves multiple victims, the prison sentence is 2 to 8 
years. If domestic violence is committed against a person under the age 
of 18, a pregnant woman, the elderly, or the seriously ill or 
handicapped, the sentence may be longer. Since the law took effect in 
June, 17 cases of domestic violence were reported to the police; 10 
cases were investigated. No prosecutions were made by year's end.
    The police trained some specialized personnel to handle cases of 
domestic violence. The police did not work regularly with welfare and 
medical services; however, NGOs reported this situation was improving. 
However, training materials to help police officers improve the 
identification and investigation of domestic violence and sexual abuse 
cases and to help sensitize them in the treatment of victims of abuse 
continued to be used. A local NGO provided police with pamphlets to 
give victims informing them of their rights, options, and organizations 
that provide assistance.
    According to Elektra, a crisis center for abused women, rape 
victims and victims of abuse could seek psychological counseling 
through a number of hotlines and crisis centers. According to NGOs, 
there were 107 state-supported shelters located in most major cities 
and towns that took in women who were victims of rape or abuse. NGOs 
also provided medical and social assistance to women on a local level. 
NGOs reported that there were not enough spaces available in shelters 
to meet the demand. Although there were no laws specifically addressing 
spousal rape, spousal rape falls under the definition of rape covered 
in the Criminal Code. Police investigated 432 rapes during the year. 
According to the Ministry of Justice, there were 183 convictions for 
rape throughout the country during the year, compared with 158 
convictions in 2003. According to experts, rape was greatly 
underreported. Gender studies experts reported that women were ashamed 
to report or even speak about rape. Police training on working with 
victims improved through cooperation with NGOs.
    Prostitution is legal, while pimping is prohibited by law; however, 
local communities have the right to regulate prostitution and enforce 
restrictions on it. Prostitution and sex shops were prevalent, 
particularly in regions bordering Germany and Austria where 
international vehicular traffic was heaviest. However, border 
prostitution decreased significantly during the year due to EU entry 
and subsequent decline in vehicles awaiting border crossing.
    Trafficking in women was a problem (see Section 5, Trafficking). 
The labor law continued to prohibit sexual harassment and, as of March 
1, an amendment put the burden of proof on the person accused of sexual 
harassment; however, sexual harassment remained a problem. Those found 
guilty of sexual harassment can be fined up to approximately $2,750 
(70,000 CZK), dismissed from work, or sentenced. In February 2003, a 
survey found that one-tenth of respondents felt they had been subject 
to sexual harassment. Thirteen percent of female respondents reported 
having dealt with sexual harassment, as opposed to 4 percent of male 
respondents.
    Other studies have concluded that approximately one-half of all 
women have experienced sexual harassment in the workplace.
    Women and men are equal under the law, and in principle, women 
enjoyed equal property, inheritance, and other rights. By law, women 
receive equal pay for equal work. Although women constituted 
approximately half of the labor force, they were employed 
disproportionately in professions with a lower median salary than were 
men. Women's median wages lagged behind those of men by almost 25 
percent. The unemployment rate for women exceeded that for men (11.3 
percent to 7.7 percent), and a disproportionately small number of women 
held senior positions. The Council for Equal Opportunities for Men and 
Women monitored gender issues and advised the Government on its efforts 
to enforce equal gender rights.
    Changes to the Labor Code effective October 1 make it illegal for 
employers to ask potential employees personal questions during job 
interviews. The legislation's main goal is to better protect female 
applicants against discrimination by employers who do not want to hire 
someone who has plans to have children. There were allegations this 
year of forced sterilization of Romani women (see Section 5, 
Minorities).

    Children.--The Government was committed to children's welfare; it 
funded programs for health care and basic nutrition, and provided free 
and compulsory education through age 15 (through age 14 in special 
schools for slower learners). Public education was available through 
the university level. Girls and boys enjoyed equal access to health 
care and education at all levels. Language and cultural barriers 
frequently impeded the integration of Romani children into mainstream 
schools.
    While the Government reported that most children attend school, 
they acknowledged it was difficult to estimate the number of Romani 
children attending school. Romani students continued to attend special 
schools at higher rates.
    From January through November, there were 853 cases of child 
neglect and welfare reported, and from January through June, there were 
283 convictions, under sections of the law covering endangering the 
morale of juveniles and abandonment of a child. The Fund for Endangered 
Children estimated that the total number of children suffering from 
physical, psychological, or sexual abuse was between 20,000 and 40,000. 
NGOs estimated that fewer than 50 children died each year from domestic 
violence.
    Laws criminalize family violence, physical restraint, sexual abuse, 
and other forms of abuse of minors. There was a government-supported 
Children's Crisis Center. As of January 1, there is a juvenile court 
system in place for criminal offenders 15 years and younger.
    Dissemination of child pornography is a criminal act; laws against 
child pornography were generally enforced. During the year, the police 
took measures to prevent sex tourism involving children more 
effectively, maintaining patrols in high-risk areas, enforcing curfew-
type policies more actively, and raising public awareness of the 
problem through the media.
    Despite increased police efforts, press reports still indicated 
that, in many border regions, sex tourism involving adolescent minors 
continued and trafficking in children continued to be a serious problem 
(see Section 5, Trafficking). Convictions of sexual abusers of children 
were reported routinely in the media. In October 2003, the German 
UNICEF office published a report that characterized the region along 
the German border as a ``haven for pedophilia.'' While both German and 
local officials disputed the scope of the problem and the veracity of 
data used in the report, the country and Germany formed a liaison group 
to increase communication and exchange information on vice crimes.

    Trafficking in Persons.--The law prohibits trafficking in persons; 
however, trafficking to, from, and within the country primarily for the 
purpose of sexual exploitation was a problem. There were some cases of 
forced labor. The Ministry of Interior and the Organized Crime Division 
of the State Police had responsibility for combating trafficking. The 
penalties for trafficking, including for the purpose of forced labor, 
are generally commensurate with those for rape and sexual assault. 
Convicted traffickers can receive prison sentences of up to 12 years. 
Organizing prostitution and pimping are punishable by a prison term of 
up to 12 years if the victim is under the age of 15. The Government 
investigated and prosecuted cases of trafficking in persons, although 
conviction rates were low. According to police statistics, there were 
13 reported cases of trafficking in persons from January through 
November. Additional convictions were made under pimping laws.
    The Government cooperated extensively with other Central and East 
European countries, the EU, and other foreign countries in the 
investigation and prosecution of trafficking cases.
    In September, an owner of three brothels in the border town of 
Cheb, Jiri Marinc, was found guilty of procuring and trafficking in 
persons and sentenced to 5 years in prison. Marinc's wife, Romana 
Nemcova, was sentenced to 4 years for the same crime. According to the 
courts, Marinc and Nemcova trafficked over 50 women from Ukraine and 
Slovakia to work as prostitutes in the country; most were required to 
give all their earnings to the pair.
    The country was increasingly a transit and destination country 
rather than a source for trafficking in persons, primarily women and 
girls for sexual exploitation. Women and girls from the former Soviet 
Union (in particular, Russia, Belarus, Ukraine, and Moldova), Eastern 
Europe, the Balkans, and Asia were trafficked into the country and 
onward to Western Europe and the United States for prostitution. Czech 
women and girls were trafficked to other European countries. There was 
some evidence of a small amount of internal trafficking primarily of 
women, especially Romani women, and children for prostitution from 
areas of low employment to areas bordering Germany and Austria. Press 
and government reports indicated that the country, particularly the 
border areas, remained a popular destination for pedophiles due to its 
location and the common misperception of a low risk of sexually 
transmitted disease. The Government established police assistant 
positions in two border regions to help combat such problems; 
assistants were recruited from the local Romani community to facilitate 
cooperation between the Romani minority and the police.
    Local victims were generally young women between 18 and 22 years of 
age, from areas of high unemployment. Girls raised in state-run homes 
were at particular risk. A small number of men were trafficked to the 
United States for coerced labor. Trafficked women were frequently 
offered jobs as models, maids, waitresses, and dancers through 
employment agencies, and then forced into prostitution. Once in a 
destination country, traffickers withheld the victims' travel documents 
and used isolation, violence, threats of violence, and the threat of 
arrest and deportation to ensure compliance.
    Most traffickers were members of organized crime groups, often from 
Russia, Bulgaria, Ukraine, the former Yugoslavia, and East Asia and 
worked in cooperation with individual citizens, Slovaks, and, less 
often, Austrians and Germans. Traffickers often served as a link 
between Russian and Ukrainian traffickers and Western European 
procurers.
    There was no evidence of government complicity in, or tolerance of, 
trafficking in persons; however, NGOs suspected individual members of 
the border police of assisting illegal border crossings related to 
trafficking.
    The Government did not provide direct assistance, but cooperated 
with the International Organization for Migration (IOM) and NGOs in 
order to provide services to trafficking victims and provided funding 
to some of these NGOs. La Strada was the primary domestic NGO providing 
services to victims and conducting awareness campaigns for girls and 
women at risk of being trafficked. Returnees frequently were hesitant 
to go to their families or public social service providers for help 
because of the stigma attached to having been trafficked.
    The Government funded and implemented nationwide a victim 
assistance program first piloted in 2003. Under this program, a victim 
is provided with psychological and social assistance for 30 days; the 
victim must decide within that period whether or not she would like to 
cooperate with authorities. Victims who choose not to assist police 
with prosecution are offered voluntary return to their home country; 
victims who choose to cooperate are eligible for residency visas for 
the period of criminal proceedings. If upon the end of cooperation with 
police a victim would like to stay in the country rather than return to 
their home country, they are eligible to apply for permanent residency 
on humanitarian grounds.
    NGOs working with the Government to implement the program 
criticized the limited opportunities trafficking victims who cooperate 
with the police have to obtain permanent residency. NGOs pointed out 
that it was much easier and more desirable for trafficking victims to 
apply for asylum, which grants them legal status to remain until a 
ruling is made on their asylum case (which can take years), rather than 
cooperate with authorities under the program and generally be returned 
to their home country once proceedings are concluded. Though victims 
have the opportunity to apply for permanent residency under the program 
at the conclusion of their cooperation with the police, it is not 
automatically granted. Only one victim was awarded such residency last 
year. The Interior Ministry accepted this criticism and recognized the 
need to change the model to more readily offer permanent residency to 
victims under the program.
    The Crime Prevention Division of the Interior Ministry continued to 
implement a national strategy against trafficking. The Interior 
Ministry screened films in police schools around the country as an 
educational tool to help police recognize trafficking victims and 
hosted a regional conference in October regarding forfeiting the 
proceeds of human trafficking. As part of the Government's national 
strategy against trafficking, a new manual on identifying trafficking 
victims was prepared for use in police training. The EU continued a 
series of training sessions about trafficking and victim identification 
for police officers. The Ministry of the Interior translated and 
published materials on identification of trafficking victims. The 
Government also cooperated with the IOM to deliver school curriculum 
targeted for students 13 to 14 years of age on the dangers of 
trafficking.

    Persons With Disabilities.--There was no discrimination against 
persons with disabilities in access to healthcare, education, or in the 
provision of other state services. However, persons with disabilities 
suffered disproportionately from unemployment. Businesses in which 60 
percent or more of the employees were persons with disabilities 
qualified for special tax breaks, and the Government provided 
transportation subsidies to citizens with disabilities.
    The law mandates access to buildings for persons with disabilities, 
and the Government generally enforced these provisions in practice. 
Although access did improve during the year, many buildings and means 
of public transportation remained inaccessible. In Prague, 26 of the 50 
metro stations were wheelchair-accessible; however, the majority of 
stations in the city center remained inaccessible. A growing number of 
bus lines were accessible to persons with disabilities. Tramlines in 
Pilsen were wheelchair-accessible. Children with physical disabilities 
lacked barrier-free access to most public schools, although there was 
at least one barrier-free school in each district.
    During the year, amendments to the Criminal Code were made to 
stipulate that if domestic violence is committed against the seriously 
ill or handicapped, the sentence may be longer than the otherwise 
maximum 8 years.
    The Government Council for Disabled Citizens, a permanent advisory 
body of the Government for the support of disabled citizens, was 
responsible for protecting the rights of persons with disabilities. The 
Council participated in drafting the Government's national plan to aid 
persons with disabilities.
    On July 13, Minister of Health Jozef Kubinyi responded to 
international pressure from human rights groups by abolishing the use 
of cage beds in psychiatric wards and promising to remove the use of 
all net beds by the end of the year. According to authorities, of 9,657 
beds in the country's psychiatric facilities, roughly 100 were net 
beds, and only an estimated 20 were cage beds. The abolition of cage 
beds brought praise from NGOs, although President Klaus criticized the 
reaction as a hasty step.

    National/Racial/Ethnic Minorities.--After ethnic Slovaks, the 
largest minority was the Romani population, unofficially estimated at 
between 150,000 and 175,000. Roma suffered disproportionately from 
poverty, unemployment, interethnic violence, discrimination, 
illiteracy, and disease. Despite constitutional prohibitions against 
discrimination, a framework to implement those provisions in civil law 
was not incorporated to address specific offenses under the Criminal 
Code. The Government worked towards replacing existing laws that make 
discrimination illegal with one blanket antidiscrimination law.
    Members and sympathizers of skinhead organizations were the most 
frequent perpetrators of interethnic violence, particularly against 
Roma and other ``dark-skinned'' persons. An estimated 7,000 skinheads 
were active in the country, although some observers believed the actual 
figure was higher.
    On April 20, three men attacked two Romani women at a restaurant in 
Ostrava. The men slapped and kicked the women while shouting Nazi 
slogans. The case was under investigation at year's end.
    On April 12, three men verbally assaulted a Romani family in 
Broumov. According to the police, the men cursed the family's ethnicity 
and threatened to kill them while standing outside the gate of the 
family home and beating it with baseball bats. Local police apprehended 
two of the men and an investigation was underway at year's end.
    On May 7, according to press reports, a group of youths from Opava 
attacked three Roma, including a pregnant woman, in Krnov. Seven 
individuals were charged in connection with the attack.
    Reports to police of racially motivated or extremist crimes have 
continued to increase in recent years, and police and prosecutors 
increasingly recognized that there were ethnic or racial motives for 
many crimes. Some observers still cited judicial inconsistency in 
dealing firmly with racially and ethnically motivated crimes; however, 
there was an effort to recruit Romani police officers and employ Romani 
police assistants to better interact with that community.
    In August, two youths received suspended sentences regarding an 
attack against Roma at a bus terminal in Jesenik. The case provoked 
public outcry from the Romani community and was sent back for retrial, 
which was pending at year's end. There were three youths involved in 
the attack, all of whom reportedly had histories of perpetrating 
violent attacks. One of the perpetrators involved in the attack was 
sentenced to 16 months' imprisonment because of previous attacks he had 
committed against Roma.
    In the 2003 case of a Romani couple from Jesenik who were attacked 
in their home by drunken youths (the same perpetrators involved in the 
bus terminal attack during the year), the perpetrators were given 3-
year suspended sentences. The judge ruled there was insufficient 
evidence to conclude that racism was behind the attack. Romani 
activists and the country's Human Rights Commissioner criticized the 
sentence. One of the youths involved in the attack, Martin Stiskala, 
was subsequently involved in further harassment of the family as well 
as two other violent attacks against Roma, one of them against a youth 
with mental handicaps. In June, Stiskala received a 2-year suspended 
sentence for his assault on the young Roma with mental handicaps.
    Roma who wished to integrate into mainstream society faced 
practical difficulties in the areas of employment and education. 
Precise figures for unemployment among Roma were unavailable, but the 
rate was disproportionately high, with many unemployed Roma subsisting 
on government support or earnings from illegal activities. Some 
employers refused to hire Roma and asked local labor offices not to 
send Romani applicants for advertised positions. The law prohibits 
hiring and employment discrimination based on ethnicity. No enforcement 
statistics were available, though there were instances of decisions and 
settlements in favor of Romani complainants.
    In March, a Romani woman won a court case of job discrimination 
against a German drugstore chain, despite the continued lack of a 
formal antidiscrimination law. A court awarded Renata Kotlarova $1,850 
(50,000 CZK) compensation and an apology from the drugstore chain. The 
NGO Counseling Center for Citizenship, Civil, and Human Rights said 
that Kotlarova's case was the first in which a court awarded 
compensation on the basis of discrimination during a job interview. A 
subsequent appeal by the drugstore chain was unsuccessful.
    Roma also faced discrimination in housing and other areas of 
everyday life. Some restaurants, bars, and other public places refused 
service to Roma and posted signs prohibiting their entry. In 2003, 
there were seven such cases; three were settled in the Roma's favor. 
Human rights groups reported that many municipalities attempted to 
force Romani families to leave, employing such tactics as eviction from 
municipally-owned homes for alleged lapses in rent payments or coercion 
of Roma to sign agreements that they did not understand that were then 
used to curtail existing housing contracts. While the Human Rights 
Commissioner criticized such practices publicly, the law allows 
municipalities substantial autonomy in such actions.
    On June 2, a regional court ruled in the favor of a Romani woman in 
her case against a private firm that had refused to rent her an 
apartment on the basis of her ethnicity. The company was ordered to pay 
approximately $2,140 (50,000 CZK) and send a written apology.
    The law provides that every citizen is entitled to government 
provided health care, either as a salary deduction or free of charge 
for the unemployed. Despite this, reports indicate a higher than 
average percentage of Roma suffered from health problems. In addition, 
some Romani parents refused to allow their children to receive 
compulsory vaccinations due to traditional beliefs. Intransigence on 
the part of local authorities sometimes impeded NGOs and health and 
education professionals work to improve living conditions for the Roma.
    In September, the European Roma Rights Center (ERRC) accused the 
Government of the continued coercive sterilization of Romani women. The 
former Communist regime made a policy of sterilizing Roma women from 
the 1970's until the regime fell, in order to reduce their high birth 
rate. According to investigations by the ERRC and partner 
organizations, there were significant concerns that this policy 
continued to the present day in some regions of the country. The ERRC 
reported several cases in which the consent for sterilization was 
either not provided at all prior to the operation, secured while a 
woman was in labor, obtained without the woman understanding the 
terminology involved, or obtained through the use of financial 
incentives or threats. The law allows for sterilization only if a woman 
is over 35 years of age or has four children already, or when a new 
pregnancy would present a threat to the woman's life. In all cases, the 
woman must explicitly consent to the operation beforehand. The State 
Ombudsman was investigating the issue, and the Health Minister 
established a special commission to examine possible cases of forced 
sterilization since 1990. According to the country's Human Rights 
Commissioner, a physician himself, the situation is indicative of a 
larger problem in the health system due to parochial attitudes of 
physicians towards their patients and overall lack of choice and 
information for users about the healthcare system.
    In a continuation of its Plan for Roma Integration, the Government 
allocated several million dollars (tens of millions of CZK) at various 
times throughout the year for projects designed to promote integration 
of the Romani community. Allocations supported construction of 
community centers and educational assistance to minorities, including 
support for kindergarten programs and Roma teaching assistants in 
schools.
    Roma continued to face discrimination in education. According to 
unofficial estimates for the academic year 2001-02, over 90 percent of 
students in so-called special schools were of Romani origin. Graduates 
of these schools were not restricted from attending secondary schools; 
however, special school curriculum did not prepare students to pass the 
requisite entrance examinations of mainstream schools. Human rights 
organizations condemned the practice of placing Romani children in 
special schools as perpetuating their marginal position in society. 
Some Romani parents did not send their children to school regularly due 
to fear of violence and the expense of books and supplies. The 
Government provided funds to assist with a variety of school-related 
expenses for Romani families who cannot afford to send their children 
to secondary schools.
    Many districts with high concentrations of Roma held yearlong 
kindergarten programs to prepare Romani children for their first year 
in school; these programs were funded by the Government and 
administered by local school districts. The Ministry of Education 
estimated that 90 to 94 percent of the children in these programs were 
Roma; according to Ministry statistics, 87 percent of children who 
attended in 2003 went on to successfully attend basic school and 
continue their education in normal schools.
    Romani teaching assistants were placed in primary and special 
schools to help teachers communicate with Romani pupils and encourage 
cooperation between schools and Romani parents. Bilingual language 
textbooks were used in elementary schools countrywide to help overcome 
the cultural and language differences between Romani children and non-
Romani-speaking teachers.
    Textbooks commissioned by the Ministry of Education that discuss 
the cultural and historical roots of the Romani minority and on 
successful members of the Romani community were used in schools. Local 
NGOs supported additional studies and private initiatives to prepare 
Romani children for mainstream schools.
    The Inter-ministerial Commission for Roma Community Affairs, which 
included 12 government and 14 Romani representatives, as well as the 
Commissioner for Human Rights and his deputy, continued to take an 
active role in resolving disputes between Romani communities and their 
non-Romani neighbors. The Commission also promoted positive initiatives 
in housing, education, and discrimination. Due to the large numbers of 
Slovak Roma who regularly migrated to the country, the Commission 
established a bilateral committee to monitor Slovak Roma community 
migration. The committee was headed by the Deputy Interior Ministers of 
both countries.
    The Ministry of Foreign Affairs' Roma Affairs Coordinator continued 
to function as the Ministry's liaison with Romani groups, NGOs, and the 
diplomatic community.
    During the year, the Government continued an active effort to 
identify, train, and recruit qualified Roma to serve in law 
enforcement. During the year, special training and preparation courses 
were held for 16 Roma to become police officers; 3 candidates 
ultimately joined the police. Over the past 5 years, 107 Roma took the 
special preparatory course, 29 of whom became police officers; however, 
these preparation courses were not to continue after January 2005, due 
to a new law regulating police employment that will require police 
officers to have at least full secondary education, without exceptions. 
If Roma apply to the police force without a secondary education, the 
police will continue to train them via a specialized program with the 
Ministry of Education, designed to help Romani children whose families 
could otherwise not afford to send their children to secondary schools.
    In October, all police schools began teaching a course entitled 
``Multicultural education--Extremism--Racism'' to instruct officers in 
human rights, professional ethics, and protection of and respect for 
minorities. During the year, a minority liaison program and activities 
under regional police action plans for the integration of minorities 
continued. Police in two regions also established police liaison 
positions to help combat specific local problems such as usury and 
profiteering, and prostitution. Assistants were recruited from the 
Romani community and to help police establish cooperation with the 
local Romani minority with regard to prevalent local problems.
    The Human Rights Commission's ``Project Tolerance'' continued its 
annual national campaign against xenophobia and racism. The campaign 
promoted diversity, monitored right-wing extremist groups to better 
guide government antiracism efforts, and furthered education against 
discrimination.
Section 6. Worker Rights
    a. The Right of Association.--The law provides workers with the 
right to form and join unions of their own choice without previous 
authorization or excessive requirements, and workers exercised this 
right in practice. Approximately 25 percent of the workforce was 
unionized. Most workers were members of unions affiliated with the 
Czech-Moravian Chamber of Trade Unions, a national umbrella 
organization. The law prohibits antiunion discrimination; however, 
union discrimination occurred. Common discriminatory practices included 
firing union leaders, denying union members entry to meetings between 
employees and management, refusing to provide office space for unions, 
forcing union members to cancel their memberships, offering financial 
incentives to dissolve union organization within a company, disparaging 
unions in statements to employees, monitoring union members, and 
refusing to withhold union dues. Employers are required to reinstate 
workers fired for union activity if found guilty of antiunion 
discrimination, though the court procedure was generally slow. The 
entry into force of a law that would allow employers to dismiss trade 
union officers without prior authorization from the union was postponed 
until January 1, 2007.

    b. The Right to Organize and Bargain Collectively.--The law 
provides for collective bargaining, which generally was carried out by 
unions and employers on a company basis. The scope for collective 
bargaining was more limited for civil servants, whose wages were 
regulated by law. However, during the year, the International 
Confederation of Free Trade Unions reported that some employers 
attempted to prevent workers from organizing by means of direct and 
indirect pressure and attempted to render collective agreements null 
and void.
    Workers have the legal right to strike if mediation efforts fail, 
with the exception of those in critical sectors such as health care, 
nuclear energy, oil and gas pipelines, air traffic control, fire 
fighting, and telecommunications. Workers in these industries have 
access to mediation. The law requires unions to provide employers with 
a list of strikers at least one day before a strike. There were no 
major strikes during the year.
    There are no export processing zones.

    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). 
According to press reports, 50 North Korean women were forced to work 
under close guard in a textile factory and remit the bulk of their 
earnings to the North Korean government. The North Korean embassy told 
the press the women's situation was an internal matter. The Government 
was reportedly investigating the allegations at year's end.

    d. Prohibition of Child Labor and Minimum Age for Employment.--The 
Labor Code stipulates a minimum working age of 15 years, although 
children who completed school could work at the age of 14 years. A 
previous clause in the labor law that allowed children under the age of 
15 to work in family-owned businesses and farms expired. Employment 
conditions for children aged 15 to 18 were subject to strict safety 
standards. These regulations were enforced in practice under the 
purview of the Ministry of Labor and Social Affairs.

    e. Acceptable Conditions of Work.--The Labor Ministry sets and 
enforces minimum wage standards. The national minimum wage was 
approximately $262 (6,700 CZK) per month and provided a decent standard 
of living for a worker and family. The law provides for a 40-hour 
workweek and requires a paid break of at least 30 minutes during the 
standard 8-hour workday and between 4 and 8 weeks of paid vacation, 
depending on profession. Subject to the consent of the employee, 
employers may establish mandatory overtime not to exceed 8 hours per 
week, although the local employment office may permit additional 
mandatory overtime. The Labor Ministry enforced standards for working 
hours, breaks, and paid vacation.
    The Office of Labor Safety was responsible for enforcing health and 
safety standards. Workers had the right to refuse work endangering 
their life or health without risking the loss of their employment. The 
law treats foreign workers the same as other workers in terms of wages 
and working conditions, although in practice undocumented foreign 
workers generally did not receive equal treatment.

                               __________

                                DENMARK

    Denmark is a constitutional monarchy with democratic parliamentary 
rule in which citizens periodically choose their representatives in 
free and fair multiparty elections. Queen Margrethe II is head of 
state. The Government, which is accountable to the unicameral Folketing 
(Parliament), is headed by the Cabinet. A minority center-right 
coalition government led by the Liberal Party has remained in power 
since elections in 2001. The judiciary is independent.
    The national police have sole responsibility for internal security. 
The civilian authorities maintained effective control of the security 
forces. There were two allegations that members of the security forces 
committed isolated human rights abuses.
    The market-based industrial economy provided residents with a high 
standard of living. The population was approximately 5.4 million. 
Nearly one-quarter of the work force was employed in the public sector. 
The key industries were food processing and metalworking; a broad range 
of industrial goods was exported.
    The Government generally respected the human rights of its 
citizens, and the law and judiciary provided effective means of dealing 
with individual instances of abuse. Domestic violence against women was 
a problem, but the Government took steps to address it. Trafficking in 
women for prostitution remained a problem, but the Government took a 
significant step to address trafficking.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Arbitrary or Unlawful Deprivation of Life.--There were no 
reports of the arbitrary or unlawful deprivation of life committed by 
the Government or its agents.

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

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The law prohibits such practices, and there were no 
reports that government officials employed them.
    Prison conditions generally met international standards, and the 
Government permitted visits by independent human rights observers. A 
2002 study by the Council of Europe's (COE) Committee for the 
Prevention of Torture (CPT) found that police establishments and 
prisons met the CPT criteria. The committee recommended a few 
improvements including limiting periods of solitary confinement to 
shorter periods and confining women in the same area as men only when 
they expressly agree to the conditions and when the areas are 
supervised adequately. The CPT study also found no allegations of 
mistreatment at psychiatric hospitals, but recommended that the use of 
physical immobilization be reviewed.
    In 2003, 19 inmates died in prison, 6 of whom were ruled suicides. 
There were no indications of wrongdoing by the Government or its 
officials.
    Men and women were held separately except for some voluntary gender 
integration. Juveniles were held separately from adults. The number of 
detained juvenile offenders was extremely low since only those 
juveniles convicted of the most violent crimes were incarcerated. The 
law provides that ``violent'' juvenile offenders between the ages of 15 
and 17 may be sent to adult correctional facilities, but they were 
segregated from adult inmates.
    Pretrial detainees were held in remand centers, which also held 
nonviolent convicted criminals serving sentences of 30 months or less. 
In October, a new high-security detention unit opened to house pretrial 
detainees as well as convicted prisoners who have been designated as 
``negatively strong'' (prisoners deemed to have a strong tendency to 
engage in violence or intimidation against fellow inmates or prison 
staff.)

    d. Arbitrary Arrest or Detention.--The Constitution prohibits 
arbitrary arrest and detention, and the Government generally observed 
these prohibitions.
    The national police, under the Ministry of Justice, have sole 
policing authority in the country. There are 54 police districts (plus 
the Faroe Islands and Greenland) and a National Commissioner's Office. 
The Minister of Justice, with the approval of the Folketing, appoints 
the police chiefs of each district and the National Commissioner. The 
National Commissioner manages eight departments with responsibilities 
that include personnel, finances, vehicles, buildings, equipment, 
intelligence, forensics, the Crime Prevention Council, and the Police 
College.
    A criminal action is initiated by a police arrest or by charges or 
indictments filed by public prosecutors with the courts. The court may 
either summon the accused to appear or order that police arrest the 
accused based upon an application filed by a public prosecutor. If an 
individual is taken into custody, the Constitution provides for an 
initial appearance before a judge within 24 hours. Authorities 
generally respected the right to a prompt judicial determination. 
Arrestees have the right to counsel at the initial hearing, and the 
Government provided counsel for those who could not afford 
representation.
    The vast majority of arrestees were released immediately upon being 
informed of the charges and notification of any further court action. 
Pretrial detention is generally reserved for those charged with 
offences that are punishable by penalties greater than fines or 
mitigated imprisonment. If pretrial detention is deemed necessary, the 
Constitution requires that the court issue an order within 3 days of 
the defendant's initial appearance justifying the basis of the pretrial 
detention. The Constitution allows for the immediate appeal of 
detention orders. There were no reports that persons were detained 
arbitrarily or secretly.

    e. Denial of Fair Public Trial.--The Constitution provides for an 
independent judiciary, and the Government generally respected this 
provision in practice.
    The judicial system consists of a series of local and regional 
courts, with the Supreme Court as the highest court; there are no 
military courts or tribunals. A military criminal code exists, but its 
enforcement is in the public judicial system.
    The Constitution provides for the right to a fair trial, and an 
independent judiciary generally enforced this right. The law provides 
for defendants' right to timely consultation with an attorney, at 
public expense if needed. Defendants and their attorneys have access to 
government evidence relevant to their case. Defendants have the right 
to question witnesses against them and to present their own witnesses; 
they are presumed innocent until proven guilty; and the right of appeal 
encompasses both procedural matters and sentences imposed. Trials are 
public. Juries are required for criminal cases in which the maximum 
penalty is greater than 4 years' imprisonment.
    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.

    g. Excessive Force/Violations of Humanitarian law in Internal and 
External Conflicts.--In August, military authorities charged one active 
reserve member of its armed forces in Iraq with dereliction of duties 
related to her allegedly improper interrogation of detainees. Military 
authorities also charged the commanding officer of the unit with 
dereliction of his duty for failing to provide supervision. Both cases 
were pending 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. An independent press, an effective judiciary, and a 
functioning democratic political system combined to ensure freedom of 
speech and of the press.

    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 religious 
freedom, and the Government generally respected this right in practice.
    The Constitution provides for an official state religion, the 
Evangelical Lutheran Church, which was subsidized by the Government. 
The Government does not require that religious groups be licensed; 
however, the State's permission is required for religious ceremonies, 
such as weddings, to have civil validity.
    The Evangelical Lutheran faith was taught in public schools, but 
students may withdraw from religious classes with parental consent.
    From January through June, there were five incidents of anti-
Semitic vandalism, primarily graffiti, and one incident of an anti-
Semitic mailing, which the Government condemned and investigated. The 
law prohibits publicly disseminated statements, which threaten, insult, 
or degrade persons based on their religion. In November 2003, the 
Government launched an Action Plan to Promote Equal Treatment and 
Diversity and Combat Racism (Equal Treatment Plan). The Equal Treatment 
Plan included initiatives to facilitate access to the education system, 
promote public awareness about diversity and equal treatment, initiate 
an outreach campaign to young ethnic minorities, initiate a dialogue 
with ethnic minorities on issues such as diversity and political 
participation, increase ethnic minority access into the labor market, 
and promote integration in housing districts. The Government allocated 
$416,000 (2.5 million kroner) during the year to the Equal Treatment 
Plan.
    Although not exclusively directed at anti-Semitism, the goal of the 
Equal Treatment Plan was to insure protection for all citizens, 
regardless of their beliefs. The Government's efforts included the 
publication in October of a report on Somalis in the national 
workforce, which profiled Somali success stories and gave guidance to 
Somali immigrants on how to best access the labor market. In September, 
the Government launched a program aimed at combating the 
``ghettoization'' of several minority-dominated neighborhoods in the 
country plagued by high unemployment, crime rates, and social 
isolation. Efforts included the establishment of an interministerial 
steering committee, identification of target communities, and a 
framework designed to increase opportunities for affected community 
members in education, employment, and integration.
    From January to June, there were two incidents of harassment 
directed at Muslims. For example, one incident involved vandalism and 
the other involved a letter expressing anti-Muslim statements. In 
addition to the Equal Treatment Plan, the law provides protection 
against discrimination against religious minorities.
    Societal discrimination against religious minorities was difficult 
to distinguish from discrimination against ethnic minorities. 
Differences in language and ethnicity could be at least as important 
for religious minorities in explaining unequal access to well-paying 
jobs and social advancement. Overall, minority group unemployment 
tended to be higher, and allegations of discrimination on the basis of 
religion sometimes were raised. The integration of immigrant groups 
from Islamic countries has become an important political and social 
topic of discussion. In September, the International Helsinki 
Federation for Human Rights concluded in a report that the overall 
political climate for Muslims in the country has been deteriorating 
since 2001.
    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 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 and 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. 
From January through November, the Government received 2,981 initial 
applications for asylum and granted temporary residency to 
approximately 9 percent of the applicants (additional persons were 
granted refugee or other status during the year and received temporary 
residency on the basis of humanitarian grounds, international 
conventions, etc.) In 2003, the Government received 4,593 first time 
applications for asylum and granted temporary residency to 22 percent 
of the applicants. The number of applications during the year decreased 
from 2003and was significantly lower than the 6,068 applications 
received in 2002. The appreciable drop in applications from 2002 may be 
attributed to fewer refugees and asylum seekers coming from Iraq and 
Afghanistan, as well as to the tightening of asylum and refugee policy. 
The law provides that refugees traveling to their countries of origin 
on holiday will automatically have their cases reassessed. If it is 
determined that they are not persecuted in their country of origin, 
they will be returned after residency is revoked.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The Constitution provides citizens with the right to change their 
government peacefully, and citizens 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 territories of Greenland (whose population is primarily Inuit) 
and the Faroe Islands (whose inhabitants have their own Norse language) 
have democratically elected home-rule governments whose powers 
encompass all matters, except foreign and national security affairs, 
police services, the judiciary, and monetary matters. Greenlanders and 
Faroese are citizens with the same rights as those in the rest of the 
country. Each territory elects two representatives to the Folketing. 
Parties and candidates can be freely nominated by various elements in 
the society.
    The Law provided public access to government information. The 
Access to Public Administrations Files Act, enacted in 1985, provides 
guidelines for access to government records. Individuals can request 
documents contained in an administrative file of any public agency; 
however, certain classes of documents containing sensitive or 
confidential information are excluded. The Government provided such 
access for citizens and noncitizens, including foreign media.
    There were 68 women in the 179-seat Folketing, and 6 of 19 
ministers in the Cabinet were women. Women also accounted for 44 
percent of the newly elected public council boards and committees. 
There were two Muslim in the Folketing, who were elected in general, 
nonreserved districts; there were no members of minority groups 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 
were cooperative and responsive to their views.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The Constitution and the law prohibit discrimination on the basis 
of sex, creed, or ethnicity. The law also prohibits discrimination on 
the basis of race, national, or ethnic origin, or faith. The Government 
protected the rights of the country's indigenous people. The 
Government's operations and extensive public services do not 
discriminate on the basis of any of these factors.
    In November 2003, the Government launched the Equal Treatment Plan. 
According to legislation passed in July 2003, individuals who have not 
resided legally in the country for at least 7 of the last 8 years 
receive lower social benefits payments than other citizens and 
residents. The Danish Center for Human Rights cited this policy as 
indirect discrimination against foreigners.

    Women.--Violence against women was a problem, which the Government 
took the following steps to combat with a 2002 action plan that 
included: A pilot project offering violent family members therapy in 
the form of dialogue with their victims and health care professionals; 
a law that sets minimal living standards for shelters; increased 
funding for shelters; and authorization for the police to remove the 
violent person from the household. In November 2003, the Government 
initiated a new phase of the action plan that included hanging 
informative posters and signs about violence against women in buses and 
trains and distributing brochures on how to get help in doctors' 
offices, pharmacies, and other public places. During the year, the 
Government distributed 1 million flyers nationwide concerning female 
victims of violence and the resources available to them and increased 
its efforts to reach women of ethnic minorities living in the country. 
For example, it created education materials related to violence against 
women for use by Danish language training centers for immigrants. The 
Government also provided education for crisis center volunteers on how 
to more effectively assist women of ethnic minorities who were victims 
of domestic violence. An umbrella nongovernmental organization (NGO) 
reported that, in 2003, women's crisis shelters were contacted 9,195 
times, compared with 9,420 times in 2002. A total of 2,008 women stayed 
at shelters during 2003, compared with 1,935 women in 2002.
    There were 472 reported rapes in 2003 and 265 during the first 6 
months of the year. The Institute for Public Health estimated that at 
least 64,000 women were exposed to domestic violence in 2003, and that 
domestic violence affected approximately 30,000 children. Rape, spousal 
abuse, and spousal rape are criminal offenses, and the Government 
effectively prosecuted those accused of such crimes. Statistics were 
not available regarding the numbers of abusers who were prosecuted, 
convicted, and punished. The Government also took steps to combat 
forced marriage among immigrant groups by providing information and 
counseling and setting up crisis centers to support young women who 
were victims or potential victims of forced marriage.
    Prostitution was legal, but pimping, coercion into prostitution, 
solicitation of prostitution from a minor, and trafficking were 
illegal.
    Sexual harassment is prohibited by the 2002 Gender Equality Act and 
provides for awards of monetary compensation for victims of sexual 
harassment. The Government effectively enforced the law concerning 
sexual harassment, and there were few reported cases during the year.
    The law requires equal pay for equal work, but, in practice, female 
workers earned about 14 percent less than their male counterparts. The 
law prohibits job discrimination on the basis of sex and provides 
recourse, such as access to the Equal Status Council, for those 
affected. Women held positions of authority throughout society, 
although they were underrepresented in senior business positions and as 
university professors. In December 2003, the Government distributed 
7,000 leaflets to private employers which highlighted the need for 
increased numbers of women in management and informed them of a website 
created to assist employers in their efforts. In February, the Ministry 
of Gender Equality published a magazine about female managers directed 
at executives and Human Resources staff seeking to employ women in an 
executive capacity. The Government also initiated an interagency 
gender-mainstreaming project, which promoted gender equality in 
government agencies by establishing an interagency steering committee 
of managers which oversaw gender mainstreaming initiatives, provided 
administrators with education and tools related to gender 
mainstreaming, and published individual ministry projects on the 
Ministry of Gender Equality's website. Women's rights groups lobbied 
the Government on matters of concern, such as wage disparities and 
parental leave. Only 40 percent of women from ethnic minority groups 
were active in the labor market, compared to 76 percent of other women. 
In October, the Government took further steps to bring more minority 
women into the labor market by holding a conference that featured 
successful businesswomen from ethnic minority backgrounds speaking to 
young ethnic minority women about gaining access to the employment 
market, and establishing a mentor program for ethnic minority women.

    Children.--The Government was strongly committed to children's 
rights and welfare; it amply funded systems of public education and 
medical care. Education was compulsory through the ninth grade and free 
through the university level; school attendance was nearly universal. 
The Ministries of Social Affairs, Justice, and Education oversee 
implementation of programs for children. According to the Organization 
for Economic Cooperation and Development, 95 percent of students 
graduated from high school and other youth education programs. Boys and 
girls were treated equally. Slightly more women than men completed 
postsecondary education.
    There were some reports of child abuse, although there was no 
societal pattern of such abuse. The law prohibits the physical 
punishment of children by adults, including their parents.

    Trafficking in Persons.--The law prohibits trafficking in persons; 
however, there were reports that persons were trafficked to the 
country. The law criminalizes trafficking and provides for a maximum 
prison term of 8 years of those convicted of trafficking in persons. 
The legal definition of trafficking in women includes essential 
components of force, fraud, or coercion.
    In September, six East European men were convicted of trafficking 
in persons in the first case prosecuted under the 2002 trafficking law. 
The six men received sentences between 1 to 3 years for trafficking 
women into the country from Eastern Europe and forcing them into 
prostitution. The conviction was the culmination of a lengthy 
investigation in 2003.
    The Government undertook efforts to combat trafficking in all 
forms, but since prostitution was well compensated and not illegal, the 
legal tools available were limited. The National Commissioner for 
Police maintained an internal task force on trafficking in persons, 
assisted local police constabularies with investigations, and trained 
its officers to recognize and investigate trafficking cases. The 
Government cooperated with international investigations of trafficking 
and exchanged information with neighboring countries.
    The country was both a destination and a transit point for women 
and children who were trafficked from the former Soviet Union, Eastern 
Europe, Thailand, and Africa for the purposes of sexual exploitation. 
Traffickers lured victims with the prospect of higher wages and a 
better life, then forced them into prostitution, often withholding 
their passports. Authorities suspected traffickers had ties to 
organized crime, specifically in Russia and the Baltic countries, and 
subjected them to police investigations and prosecutions.
    The Government did not directly provide medical or legal assistance 
to victims; however, it funded an NGO that provides legal services to 
trafficking victims. The Government also funded several NGO hotlines to 
support victims, prevent trafficking, and gather data on the extent of 
the problem. Although the Government had no formal witness protection 
program, it provided safe surroundings with access to professional, 
social, medical, and psychological support to those waiting to testify 
in court for a period of 15 days; however, an extension was available 
upon a police request if necessary for investigatory purposes or due to 
court proceedings. An interagency working group on trafficking (with 
members from the Ministries of Justice, Social Affairs, Gender and 
Equality, Employment, and Education, as well as from NGOs) met monthly 
to share information. In 2002, the Government allocated $1.6 million 
annually (10 million kroner) for a 3-year program (2003-06) to combat 
trafficking. The Ministries of Social Affairs and Gender Equality 
conducted an anti-trafficking advertising campaign in all major 
newspapers, subsidized a hotline and website, and funded an NGO program 
to identify trafficking victims and provide them with information on 
how they can get help. During the year, government efforts included 
establishing an outreach program to benefit foreign prostitutes, 
funding a new women's shelter, increasing cooperation with source-
country embassies, and collecting additional data. The police and NGOs 
established a close working relationship, which resulted in police 
referrals of trafficking victims to NGOs in conjunction with criminal 
investigations.

    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. Building regulations 
require special facilities for persons with disabilities in public 
buildings built or renovated after 1977 and in older buildings that 
come into public use. The responsibility for the protection of the 
rights of persons with disabilities is shared by all of the Government 
ministries. The Danish Disability Council, a government-funded 
organization, monitored the status of persons with disabilities in the 
country and advised the Government and the Folketing on issues relating 
to disability policy. The Equal Opportunities Centre for Disabled 
Persons is a government-funded entity, which alerts the Government to 
and documents, inequalities in society related to persons with 
disabilities. In 2003, the Government launched an action plan designed 
to increase access for persons with disabilities into job markets and 
for adequate housing by focusing on five priority areas: improving 
housing conditions for persons with disabilities; increasing 
opportunities for education and employment; improving public access for 
persons with disabilities to administrative government services; 
improving general access to public places; and overall quality of life. 
During the year, the Government's efforts included construction of 
disability accessible housing as part of the action plan.

    National/Racial/Ethnic Minorities.--The inflow of ethnically and 
racially diverse refugees and immigrants (mostly Iraqis, Palestinians, 
Pakistanis, Sri Lankans, Somalis, and refugees from the former 
Yugoslavia) caused some tension between citizens and immigrants, which 
was reflected in press reports on the failure of the immigrants to 
integrate and on the correlation between immigration and crime levels. 
According to the Police Intelligence Services, during the year, there 
were 24 cases of racial discrimination or racially motivated violence 
reported to the authorities. Other incidents went unreported. Reported 
cases involved graffiti, vandalism, theft, and racist Internet and 
written messages. The victims were Jews and ``people of an ethnic 
origin other than Danish'' (usually meaning Muslim or African). 
Minority group members were also sometimes the perpetrators of the 
incidents. The Government effectively investigated and dealt with cases 
of racially motivated violence.
    In 2003, the Government initiated the Equal Treatment Plan to 
combat discrimination and racism directed against ethnic minorities.
    There are approximately 15,000 to 20,000 German-speaking citizens 
who resided in the southwestern part of the country bordering Germany. 
A May report by the COE's Committee of Ministers recommended that the 
Government implement a policy to protect and promote German as a 
minority language in the fields of administration, justice, and media 
in accordance with the European Charter for Regional or Minority 
Languages.

    Indigenous People.--The law protects the rights of the inhabitants 
of Greenland and the Faroe Islands. Greenland's legal system seeks to 
accommodate Inuit customs, and it provides for the use of lay persons 
as judges and sentences most prisoners to holding centers (rather than 
to prisons) where they were encouraged to work, hunt, or fish during 
the day. Education in Greenland is provided to the native population in 
both the Greenlandic and Danish languages.
    In 1999, a Danish court ordered the Government to compensate 
Greenlanders (and their descendants) whom the Government forcefully 
resettled in 1953 from a village adjoining a foreign military base. The 
Greenland plaintiffs appealed that decision, seeking greater 
compensation and the return of their former properties. In February 
2003, the Government returned the area adjoining the base to Greenland 
control. In November 2003, the Supreme Court upheld the lower court's 
1999 decision in full. In May, the Greenlanders filed an appeal of the 
Supreme Court's decision with the European Court of Human Rights 
(ECHR). The ECHR had not taken any action on the case at year's end.
Section 6. Worker Rights
    a. The Right of Association.--The law states that all workers, 
including military personnel and the police, may form or join unions of 
their choosing. Approximately 85 percent of wage earners belonged to 
unions that were independent of the Government and political parties.

    b. The Right to Organize and Bargain Collectively.--The law allows 
unions to conduct their activities without interference and the 
Government protected this right in practice. Collective bargaining is 
protected in law and was freely practiced. The law provides for the 
right to strike, and workers exercised this right in practice. There 
are no export processing zones.

    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.--Laws 
and policies prohibit the exploitation of children in the workplace, 
including the prohibition of forced or compulsory labor, and the 
Government effectively enforced these laws and policies in practice. 
All forms of child exploitation were investigated and prosecuted. In 
1996, the Government enacted the Action Plan for Clean Working 
Environment by 2005, which currently provides a framework for a safe 
working environment for children and preventative measures aimed at 
protecting children.
    The minimum legal age for full-time employment is 15 years. The law 
sets a minimum age of 13 years for any type of work. The law contains 
provisions that limit work hours and sets occupational health and 
safety restrictions for children. The law is enforced by the Danish 
Working Environment Service (DWES), an autonomous arm of the Ministry 
of Labor. Export industries did not use child labor. The Government 
devoted adequate resources and oversight to child labor policies.

    e. Acceptable Conditions of Work.--The law does not mandate a base 
national minimum wage, but national labor agreements effectively set a 
wage floor. The average net wage including pension benefits of adult 
workers in 2003 was $29 (177 kroner) per hour, which was sufficient to 
provide a decent standard of living for a worker and family. Workers 
generally worked a 37-hour workweek, which was established by contract, 
not by law.
    The law also prescribes conditions of work, including safety and 
health; the duties of employers, supervisors, and employees; work 
performance; rest periods and days off; and medical examinations. The 
DWES ensures compliance with labor legislation. Workers may remove 
themselves from hazardous situations without jeopardizing their 
employment, and legal protections cover workers who file complaints 
about unsafe or unhealthy conditions. Similar work conditions were 
found in Greenland and the Faroes, except that the workweek was 
established by contract at 40 hours. Foreign workers with residence and 
work permission enjoy the same rights as citizens.

                               __________

                                ESTONIA

    Estonia is a constitutional parliamentary democracy with a 
unicameral legislature (Parliament), a prime minister as head of 
government, and a president as head of state. Free and fair 
parliamentary elections were held in March 2003. A coalition 
government, comprised of the Res Publica, Reform, and People's Union 
Parties, took office in April 2003. The judiciary is independent.
    The police, security police, tax and customs board, and national 
border guard have responsibility for law enforcement and maintenance of 
order. The police, security police, and national border guard are 
subordinate to the Ministry of Internal Affairs. The tax and customs 
board is subordinate to the Ministry of Finance. Corrections personnel 
are subordinate to the Ministry of Justice. The civilian authorities 
maintained effective control of the security forces. Police and 
corrections personnel committed isolated human rights abuses.
    The country has a market economy and a population of approximately 
1.4 million. Services, particularly financial, transit, and tourism, 
have grown in importance compared to the historically more prominent 
light industry and food production. In the year's third quarter, the 
growth rate was 6.2 percent, compared with 5.1 percent in 2003. While 
wages and benefits kept up with inflation, there was growing disparity 
between Tallinn (where one-third of the population resides) and the 
slower-growing rural southeast and industrial northeast.
    The Government generally respected the human rights of citizens and 
the large ethnic Russian noncitizen community; however, there were 
problems in some areas. There were some reports of police mistreatment 
of prisoners and detainees and the use of excessive force. Prison 
conditions remained poor, although there were some improvements, 
including renovations in facilities nationwide.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Arbitrary or Unlawful Deprivation of Life.--There were no 
reports of the arbitrary or unlawful deprivation of life committed by 
the Government or its agents.

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

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The law prohibits such practices; however, there were some 
reports of police use of excessive force and verbal abuse during the 
arrest and questioning of suspects: In August, three suspects were 
abused upon arrest; in October, a minor accused a police officer of 
violence. Investigations in both cases were pending at year's end.
    In 2003, charges were brought against two police officers for use 
of excessive force. In January, two former police officers were found 
guilty of using excessive force in 2001.
    Prison conditions remained poor. Overcrowding continued in the 
major prisons for men. A lack of funds and trained staff continued to 
be serious problems, despite efforts by the country's Chancellor-
Ombudsman to address the issue. The percentage of prisoners suffering 
from tuberculosis was much higher than in the general population.
    One inmate was killed by a fellow prisoner during the year.
    The Government continued renovating and restructuring the country's 
prisons. Living quarters at Murru prison were renovated, and modest 
gains in personnel retention and recruitment as well as in work and 
study opportunities for prisoners continued.
    Men and women were held separately; juveniles also were held in 
separate penal facilities. Pretrial detainees and convicted prisoners 
were held in the same prisons but in different sections.
    The Government permitted prison visits by independent human rights 
observers. The last such visit occurred in 2003 when the Council of 
Europe Human Rights Commissioner visited Maardu prison.

    d. Arbitrary Arrest or Detention.--The Constitution and laws 
prohibit arbitrary arrest and detention, and the Government generally 
observed these prohibitions.
    The police, with an ethnically mixed police officer staff of 3,800, 
are under the supervision of the Ministry of Internal Affairs. There 
are four national police units: The Central Criminal Police, the 
Personal Protection Service, the Forensic Service Center, and the 
Police School. A police reform effort aimed to increase the 
effectiveness of the police forces and to cut the number of regional 
police prefectures; the Government reduced the number from 17 to 4. 
Corruption, mostly reported among the traffic police, was generally not 
a problem.
    Under the Constitution, warrants issued by a court are required to 
make arrests. Detainees must be informed promptly of the grounds for 
the arrest and given immediate access to legal counsel. There is a 
functioning bail system. A person may be held for 48 hours without 
being charged formally; further detention requires a court order. 
Police rarely violated these limits. A person may be held in pretrial 
detention for 2 months; this term may be extended for a total of 12 
months by court order.

    e. Denial of Fair Public Trial.--The Constitution provides for an 
independent judiciary, and the Government generally respected this 
provision in practice.
    The judiciary operates through a three-tier court system: Rural and 
city courts, district courts, and the Supreme Court. The district 
courts and Supreme Court are also courts for ``constitutional 
supervision.'' The Constitution provides for the right to a fair trial, 
and an independent judiciary generally enforced this right.
    There were no reports of political prisoners.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The Constitution prohibits such actions, and the 
Government generally respected these prohibitions in practice.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The Constitution provides for 
freedom of speech and of the press, and the Government generally 
respected these rights in practice and did not restrict academic 
freedom.
    The Law on Language prohibits the use of any foreign language on 
public signs, advertisements, and notices, including election posters. 
Translation may be provided into other languages.
    The independent media were active and expressed a wide variety of 
views without government restriction.
    There were two commercial Estonian-language television channels and 
a wide range of private radio stations. State (public) broadcast media, 
including one nationwide television channel (Estonian Television--ETV), 
continued to receive large government subsidies.
    Eesti Meedia Group (which holds all the shares of Postimees daily, 
the leading daily, and half of the shares of SL Ohtuleht, the top 
circulation tabloid, and owns a private television channel Kanal 2 and 
Tartu Raadio) had the largest share of the radio market. Independent 
Eesti Meedia and Ekspress Group competed with one another, as well as 
with a number of smaller, independent media.
    Some Russian-language programs, mostly produced domestically, were 
broadcast over state and private television channels; however, in 
proportion to the size of the Russian-speaking minority in the country, 
the amount of Russian-language programming remained small. Russian 
state television and Russian commercial channels were available widely 
via cable.
    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 authorities had wide 
discretion to prohibit public gatherings on public safety grounds but 
seldom did so. Noncitizens are prohibited from joining political 
parties, although they may form social groups (see Section 3).

    c. Freedom of Religion.--The Constitution provides for freedom of 
religion, and the Government generally respected this right in 
practice.
    The law requires all religious organizations to have at least 12 
members and to be registered with the Department for Religious Affairs 
of the Ministry of Internal Affairs. Leaders of religious organizations 
must be citizens with at least 5 years' residence in the country.
    The Estonian Evangelical Lutheran Church is the largest 
denomination with approximately 170,000 members, the Estonian Apostolic 
Orthodox Church had approximately 18,000 members, and the Estonian 
Orthodox Church subordinate to Moscow Patriarchy had approximately 
150,000 members. Relations between the various religious communities 
generally were amicable; however, differences over the disposition of 
Orthodox Church property continued between the Estonian Apostolic 
Orthodox Church and the Estonian Orthodox Church.
    Three graveyards were vandalized during the year. In April, eight 
plaques and a bronze bust were destroyed in Tartu Raadi cemetery; in 
May, unknown hooligans vandalized several plaques, crosses, and 
lanterns in Viljandi cemetery; in July, vandals broke eight granite 
crosses and damaged several others in a German war cemetery in Tallinn. 
Authorities initiated misdemeanor proceedings in the three cases.
    The Government took steps to promote antibias and tolerance 
education, including continued work by the International Commission for 
Investigation of Crimes Against Humanity, a full report on the German 
and Soviet occupations of the country. Other steps taken by the 
Government to promote tolerance included observance of an annual 
Holocaust Remembrance Day, first commemorated on January 27, 2003. In 
December, the country was accepted as a liaison member of the Task 
Force for International Cooperation on Holocaust Education, Remembrance 
and Research.
    A court case regarding anti-Semitic comments made over the Internet 
was pending at year's end (see Section 5, National/Racial/Ethnic 
Minorities).
    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 Government did not restrict the right of noncitizen residents--
persons who are citizens of another country or stateless persons--to 
foreign travel, emigration, or repatriation, although some noncitizens 
complained of delays in obtaining travel documents.
    The Constitution prohibits forced exile, 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; however, during the 
year no applicants qualified for protection. During the year, the 
Government did not provide asylum for refugees. 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 March, the country acceded to NATO, and, in May, 
to the European Union (EU). Parliamentary elections, last held in March 
2003, led to the formation of a three-party coalition government 
comprised of the Res Publica, Reform, and People's Union parties. Only 
citizens may vote in parliamentary elections and be members of 
political parties. However, resident noncitizens and those who have 
lived permanently in the area for at least 5 years preceding the 
election may vote in local elections, although they may not run for 
office.
    The Public Information Act enables the public to access government 
information and allows for monitoring of the public sector's 
performance. The Government provided access for citizens in practice.
    There were 18 women in the 101-seat Parliament. Two of the 13 
cabinet ministers were women.
    There were 8 members of minorities in the 101-seat Parliament.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    A number of domestic and international human rights groups 
generally operated without government restriction, investigating and 
publishing their findings on human rights cases. Government officials 
were usually cooperative and responsive to their views. A 
nongovernmental legal information center in Tallinn provided free legal 
assistance to individuals--citizen and noncitizen alike--seeking advice 
on human rights-related issues.
    The Human Rights Institute, which received a small amount of 
funding from the Government, monitored human rights and provided 
information to the international community. It investigated reports of 
human rights violations, such as allegations of police abuse and the 
inhumane treatment of detainees. The Institute operated an information 
center in Johvi, in the northeastern part of the country where the 
Russian speaking community is in the majority.
    A presidentially established roundtable composed of representatives 
of the Parliament, the Union of Estonian National Minorities, and the 
Russian-speaking population's Representative Assembly discussed and 
made recommendations on social integration issues, as did an analogous 
but independent roundtable that met monthly. The Chancellor-Ombudsman, 
who also operated a branch office in the heavily ethnic Russian 
northeastern town of Narva, handled complaints by private citizens 
against state institutions.
    All residents, whether or not they were citizens, could file a 
complaint directly to the Chancellor-Ombudsman about alleged violations 
of human or constitutional rights. Complaints against government 
agencies, officials, and local authorities concerned property reform 
and restitution, education, transportation, court findings, and the 
right to employment, as well as social and housing rights. If the 
Chancellor-Ombudsman finds that particular legislation is in conflict 
with the Constitution, the body responsible for passage of the said 
legislation may be required to bring it into conformity with the 
Constitution within 20 days. The Ombudsman generally acted on cases by 
proposing changes in legislation and developing proposals to eliminate 
violations of law.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The Constitution prohibits discrimination for any reason, and the 
Government generally enforced it.

    Women.--Violence against women, including spousal abuse, reportedly 
was common and continued to be the subject of discussion and media 
coverage. Domestic violence and rape, including spousal rape, were 
illegal and prosecuted under the law.
    During the year, there were reports of 108 rapes and 13 attempted 
rapes. However, studies showed that 30 percent of domestic violence 
went unreported. Even when the police were called, the abused spouse 
often declined to press charges due to societal pressure.
    Prostitution was not illegal and was common.
    There were reports that women were trafficked for purposes of 
sexual exploitation (see Section 5, Trafficking).
    In April, Parliament passed the Gender Equality Act under which 
sexual harassment is defined. Disputes are resolved in court or by the 
Chancellor-Ombudsman. An injured party may demand compensation for 
damage and termination of the harmful activity.
    Although women have the same legal rights as men under the law and 
are entitled to equal pay for equal work, this was not the case in 
practice. While women's average educational level was higher than that 
of men, their average pay was generally lower, and there continued to 
be female- and male-dominated professions.

    Children.--The Government was committed to children's rights and 
welfare.
    Under the law, school attendance is mandatory from the age of 7 
until students complete basic education, generally 9 years total, or 
until they reach 17 years of age. Education is free. Approximately 97 
percent of those eligible attended school. The Government provided free 
medical care for children and subsidized school meals.
    The reduction of the school class size during the year and the 
introduction of teacher-child conferences were among steps taken by the 
Ministry of Education to address violence in the schools.
    During the year, there were reports of 66 rapes and 4 attempted 
rapes committed against minors. The police registered 84 cases of 
sexual abuse committed against persons less than 18 years of age, 
including 52 cases involving victims below the age of 14. There were 
reports of children engaged in prostitution. Trafficking of children 
for sexual exploitation was a problem (see Section 5, Trafficking).

    Trafficking in Persons.--The law prohibits trafficking in persons; 
however, there were reports that the country was a source, transit 
point, and destination for trafficked women and children.
    Although there is no specific law criminalizing trafficking, 
traffickers can be prosecuted under the law prohibiting enslaving and 
abduction. The maximum penalty is 12 years' imprisonment. As of 
September, 1 trafficking case was pending in court, and multiple 
investigations of 20 individuals on trafficking-related charges were 
underway.
    Women were trafficked from the country to Nordic countries and 
Western Europe. Preliminary data from the latest International 
Organization for Migration (IOM) study indicated that, between 2001 and 
the first half of the year, there were less than 100 known trafficking 
victims. This figure includes women trafficked abroad from the country 
as well as domestically. The study included data from 167 sources, 
including government agencies, the IOM, and NGOs.
    Job advertisements placed in local newspapers to recruit women for 
trafficking purposes were in some cases reportedly associated with 
international prostitution rings.
    Legislation provides protection and legal, medical, and 
compensation rights to victims of all crimes, including trafficking. 
The Government assigned a special police officer to investigate 
trafficking cases. Social workers and teachers were trained to identify 
and assist victims, although efforts were not always well coordinated.
    The Government participated in the work of the Nordic and Baltic 
Task Force on trafficking in persons.
    The Ministries of Interior, of Social Affairs, of Foreign Affairs, 
and of Justice are responsible for combating trafficking.

    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; older 
buildings were inaccessible in practice, although new or renovated 
buildings were generally accessible. The Government reorganized the 
system of social benefits and provided rehabilitation support for 
persons with disabilities; overall, improvements were made in 
opportunities for persons with disabilities. The Ministry of Social 
Affairs was responsible for protecting the rights of persons with 
disabilities. The scope of the Ministry's responsibilities included the 
drafting and implementation of plans to resolve social issues; the 
management of public health protection and medical care, employment, 
the labor market and working environment, social security, social 
insurance and social welfare; promotion of the equality of men and 
women and coordination of activities in this field; and the preparation 
of corresponding draft legislation.

    National/Racial/Ethnic Minorities.--Non-Estonians, predominantly 
ethic Russians, made up approximately one-third of the total 
population. About 40 percent of non-Estonian residents were born in the 
country.
    A court case regarding discrimination against minorities was 
pending at year's end. According to the prosecution, this case involved 
Internet comments by a private citizen that publicly incited hatred and 
violence and were anti-Semitic.
    The Law on Cultural Autonomy provides for the protection of 
cultures of minority group citizens. Some noncitizens alleged that the 
law is discriminatory, because it restricts cultural autonomy only to 
citizens; however, noncitizens may participate fully in ethnic 
organizations, and the law includes subsidies for cultural 
organizations. In districts where more than one-half of the population 
speaks a language other than Estonian, the law entitles inhabitants to 
receive official information in that language.
    Although the law requiring knowledge of the Estonian language prior 
to citizenship does not violate international standards, some 
noncitizen residents, particularly ethnic Russians, continued to allege 
job and salary discrimination because of it.
    The Language Law requires that all public servants and public 
sector employees, service personnel, medical professionals, and sole 
proprietors must use the Estonian language, with actual proficiency 
determined through examination. Non-Estonian citizens who have obtained 
at least primary education proficiency in the language are exempted 
from the requirement to pass a language examination. A number of prison 
officials were fired for noncompliance with the language requirement. 
For employees of private enterprises, nonprofit organizations, and 
foundations, as well as sole proprietors, the law establishes a 
requirement of Estonian language proficiency if it is in the public 
interest.
    The language office liberally granted extensions to persons who 
could explain their inability to demonstrate the requisite competency. 
An EU assistance program reimbursed 50 percent of fees for Estonian 
language courses upon successful passing of the language examination; 
this reimbursement was not limited to public sector employees. The 
Government reimbursed another 50 percent of the fees to those who 
successfully passed the Constitution examination, which, in connection 
with the language examination, comprised the citizenship exam process. 
Approximately 70 percent of those taking the test pass.
    The President's roundtable continued to seek practical solutions to 
noncitizens' problems. The Government implemented the state integration 
program action plan for 2004-07, aimed at fostering the integration of 
the non-Estonian-speaking population into society. At least 10 NGOs 
developed and implemented local programs to assist the integration of 
non-Estonians into society.
Section 6. Worker Rights
    a. The Right of Association.--The Constitution provides for the 
right for workers to form and join a union or employee association, 
although some workers found it difficult to exercise this right in 
practice. Approximately 14 percent of the total workforce belonged to 
trade unions.
    Antiunion discrimination is prohibited by law; however, the 
Confederation of Estonian Trade Unions (EAKL) reported that antiunion 
behavior was rife in the private sector. The journalists' union 
reported antiunion discrimination in the media sector.

    b. The Right to Organize and Bargain Collectively.--The law 
provides for the right to organize and collective bargaining, although 
the practice of collective bargaining has not fully developed. 
According to leaders of the EAKL, few collective bargaining agreements 
have been concluded between the management and workers of enterprises. 
However, the EAKL has concluded framework agreements with the 
Employers' Confederation, which provide the basis for specific labor 
agreements, including determining the minimum wage (see Section 6.e.). 
The EAKL also was involved in developing the labor code, which covers 
employment contracts, vacation, and occupational safety.
    The law provides for the right to strike, and workers exercised 
this right in practice.
    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 
law sets the minimum age for employment at 18 years, although children 
age 15 to 17 may work with the consent of a parent or guardian, and 
children age 13 to 15 may work with the consent of a parent or guardian 
and a labor inspector. Children under age 18 may not perform hazardous 
or dangerous work. The law limits the hours that children can work and 
prohibits overtime or night work. The Labor Inspectorate had 
responsibility for enforcing these laws, and did so in practice.

    e. Acceptable Conditions of Work.--The Government, after 
consultations with the EAKL and the Employers' Confederation, sets the 
minimum wage. The monthly minimum wage of approximately $197 (2,480 
EEK) did not provide a decent standard of living for a worker and 
family; however, approximately 95 percent of the workforce earned above 
the minimum wage.
    The standard workweek is 40 hours, and there is a mandatory 24-hour 
rest period per week. Reduced working time is prescribed for minors and 
for employees who perform underground work, work that poses a health 
hazard, or work of an otherwise special nature. Work hours, including 
overtime, may not exceed an average of 48 hours per week. Overtime pay 
shall not be less than 150 percent of the hourly wage rate of the 
employee.
    According to EAKL sources, legal occupational health and safety 
standards are satisfactory in theory; however, they were extremely 
difficult to achieve in practice. The Labor Inspectorate is responsible 
for enforcement of these standards. The labor unions also had 
occupational health and safety experts who assisted workers to bring 
employers into compliance with legal standards. Workers have the right 
to remove themselves from dangerous work situations without 
jeopardizing their continued employment, and they exercised this right 
in practice.

                               __________

                                FINLAND

    Finland is a constitutional republic with a directly elected head 
of state (President), a Parliament, a head of government (Prime 
Minister), and an independent judiciary. Elections to the 200-seat 
Parliament were held in March 2003 and led to the formation of a new 
coalition government led by the Center Party. The judiciary is 
independent.
    The Ministry for the Interior oversees police and Frontier Guard 
forces. The Ministry for Defense oversees the military. Civilian 
authorities maintained effective control of all military and security 
forces. There were no reports that security forces committed human 
rights abuses.
    The economy was chiefly market-based and provided citizens with a 
high standard of living. The population was approximately 5.2 million, 
and in 2003, economic growth was estimated at 2 percent.
    The Government generally respected the human rights of its 
citizens, and the law and judiciary provided effective means of 
addressing individual instances of abuse. Domestic violence, primarily 
toward women, remained a problem, and the Government took steps to 
address it. There were also reports of trafficking in persons to and 
through the country, primarily for sexual exploitation.
                        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.
    There were reports of police discrimination against immigrants (see 
Section 5).
    Prison conditions generally met international standards, and the 
Government permitted visits by independent human rights observers. 
Prisoners had access to adequate health care and legal assistance. Male 
and female prisoners were held in separate facilities, and female 
prisoners had access to specialized health and social services. 
Juvenile offenders were held separately from adults and given access to 
specialized social services for young offenders. Pretrial detainees 
were held separately from incarcerated convicts.

    d. Arbitrary Arrest or Detention.--The Constitution prohibits 
arbitrary arrest and detention, and the Government generally observed 
these prohibitions.
    The national police force is centralized under the control of the 
Ministry of the Interior. The Ministry of the Interior also controls 
various other law enforcement organizations such as the Frontier 
Guards, Customs and Immigration Agencies, the National Bureau for 
Investigation, and the Security Police. These organizations carried out 
their responsibilities for law enforcement and maintenance of order; 
however, chronic underfunding sometimes compromised their 
effectiveness.
    A warrant is required for an arrest. If an individual is arrested 
while committing a crime, a warrant must be obtained within 3 days. 
Once arrested, the accused must receive a court hearing within 3 days. 
These provisions were generally enforced in practice. There is no 
regular system of bail. Criminal detainees were allowed prompt access 
to counsel and family. Preventive detention is allowed only in 
exceptional circumstances, such as during a declared state of war, or 
for narrowly defined offenses, including treason, mutiny, and large-
scale arms trafficking. There were no reports of preventive detention.
    The Minority Ombudsman criticized police treatment and length of 
detention for some asylum seekers (see Section 2.d.).

    e. Denial of Fair Public Trial.--The Constitution provides for an 
independent judiciary, and the Government generally respected this 
provision in practice.
    The judiciary consists of the Supreme Court, the Supreme 
Administrative Court, and a system of lower courts. The President 
appoints Supreme Court justices, who in turn appoint the lower court 
judges. Supreme Court justices serve until their retirement, usually at 
age 63, although they may opt to continue on the bench until the 
mandatory retirement age of 67.
    The law provides for the right to a fair public trial, and an 
independent judiciary generally enforced this right. Local courts may 
conduct closed trials in juvenile and guardianship cases, divorce 
proceedings, or when publicity would offend morality or endanger the 
security of the state.
    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 Data 
Protection Ombudsman, an independent authority, monitors the 
Government's observance of the Personal Data Act. The Government 
appeared to conform to the Ombudsman's guidance.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The Constitution provides for 
freedom of speech and of the press, and the Government generally 
respected these 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 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 Evangelical Lutheran Church of Finland and the Orthodox 
Church are recognized as state churches. Over 80 percent of the 
population belonged to the Lutheran Church. Nontraditional religious 
groups practiced their religion freely. There was a small but growing 
Muslim population and a small Jewish community.
    All citizens who belonged to one of the two state churches paid a 
church tax as part of their income tax. However, citizens may opt out 
of paying this tax by officially disassociating from the church. 
Nontraditional religious groups were eligible for tax relief provided 
the Government registered and recognized them as legitimate religious 
communities.
    Religious instruction in Lutheran or Orthodox doctrine is part of 
the standard curriculum in public schools; however, students may opt to 
take philosophy or world religion courses instead of the standard 
curriculum.
    The law requires a minimum of 20 members for official recognition 
of a religious community. A 2003 law regulating registered religious 
communities increased their autonomy.
    There were a few reports of incidents of anti-Semitic activity, 
chiefly graffiti such as swastikas and anti-Semitic slogans being 
spray-painted in public locations. Critiques of Israeli policy 
occasionally took on anti-Semitic features. In June, the Justice 
Ministry ruled that the distributor of an anti-Semitic book was liable 
under ``hate speech'' provisions and ordered the distributor to pay a 
fine and remove the book from circulation.
    In June, the Helsingin Sanomat, the largest newspaper, ran a 
political cartoon in a magazine supplement that members of the Jewish 
community and others interpreted as anti-Semitic. The newspaper 
subsequently apologized.
    The Government criticized anti-Semitism. The Parliament and a local 
nongovernmental organization (NGO) co-sponsored a conference in 
Helsinki on anti-Semitism, and officials played an active role in 
international conferences on anti-Semitism.
    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 in 
practice.
    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.
    On May 1, a new Aliens' Act took effect, which streamlined asylum 
and immigration application procedures and work and residency permits. 
Instead of multiple permits, a foreign worker or refugee needs only one 
permit. Most asylum procedures remained unchanged, but the new law 
provides that solely the Directorate of Immigration conducts asylum 
interviews. The law also added an additional category--residence permit 
for individual humane reasons--which could be used to grant residency 
in certain special circumstances where an individual might otherwise be 
ineligible.
    A total of 3,204 applications for political asylum were submitted 
by November 30, compared with 3,321 in all of 2003. Asylum seekers 
generally came from Eastern and Central Europe and the Balkans. The 
largest groups included asylum seekers from Serbia and Montenegro, 
Slovakia (mostly Roma), the Former Yugoslav Republic of Macedonia, 
Russia, Somalia, Afghanistan, Turkey, and Bosnia-Herzegovina. No asylum 
requests were made by persons from the new European Union (EU) 
accession states as of June 30. In 2003, 501 applicants were granted 
asylum or residency, and approximately 2,440 were rejected. An 
additional 380 withdrew their applications, left the country, or took 
flight from protective custody while their cases were being adjudicated 
and did not return.
    The number of asylum approvals has declined in recent years. 
Immigration authorities attributed this to the drop in the number of 
applications from Africans and Asians and the fact that many applicants 
from European countries were chiefly economic migrants. Some NGOs 
criticized the Government's asylum and immigration policy as too 
restrictive.
    The Government cooperated with the office of the U.N. High 
Commissioner for Refugees and other humanitarian organizations in 
assisting refugees and asylum seekers. Refugees and asylum seekers 
whose applications for admission into the country were approved were 
processed directly for residency. The Government took steps to assist 
the assimilation and integration of such persons into society. The 
Government also provided temporary protection to individuals who may 
not qualify as refugees under the 1951 Convention/Protocol.
    The Minority Ombudsman criticized the police treatment of some 
asylum seekers in the city of Tampere. Detention times are longer in 
Tampere than elsewhere, and some applicants claimed that they withdrew 
their applications under pressure from the police. The law allows for 
the detention of asylum seekers if there is suspicion of criminal 
activity or a belief that the applicant will disappear if released from 
police custody.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The Constitution provides citizens the right to change their 
government peacefully, and citizens exercised this right in practice 
through periodic, free, and fair elections held on the basis of 
universal suffrage. Parliamentary elections were held in March 2003 and 
led to the formation of a new coalition government led by the Center 
Party. After less than 2 months, a political scandal led to the 
resignation of Prime Minister Anneli Jaatteenmaki and the appointment 
of a new government led by Matti Vanhanen.
    The law provided for public access to government information, 
except for information classified for national security purposes, or 
when release of documents would constitute a violation of privacy laws. 
The Government provided such access in practice.
    There were 76 women in the 200-member Parliament and 8 in the 18-
member Cabinet. The President, Tarja Halonen, was a woman. There were 
10 members of minorities in the 200-member Parliament and 2 members of 
minorities in the 18-member Cabinet. The indigenous Sami (Lapp) 
minority enjoys semi-autonomous status and has its own legislative 
body.
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.
    On March 24, the Government released its first report on the 
country's human rights policy and practices. The report covered both 
the international human rights environment and various human rights 
issues within the country.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The Constitution prohibits discrimination based on sex, age, 
origin, language, conviction, opinion, or disability; and the 
Government effectively enforced these prohibitions.

    Women.--Violence against women continued to be a problem. Recent 
studies revealed alarmingly high rates of domestic violence and abuse. 
Although police statistics annually reported approximately 10,000 cases 
of domestic violence, most researchers believed the actual number was 
significantly higher since many cases went unreported. Up to 30 women 
die every year as a result of domestic violence. Many researchers 
attributed this relatively high level of domestic violence to a high 
rate of alcoholism.
    The Government encouraged women to report domestic violence and 
abuse. The number of calls to the police concerned with domestic 
violence was not compiled centrally, but it was estimated at 10,000 to 
12,000 annually, an estimate that shelter officials believed 
understated by one-half the number of actual incidents. The Service for 
Crime Victims provided counseling and social support services to women 
who were the victims of domestic abuse. The Government funded several 
organizations that provided assistance to women. The Union of Shelter 
Homes maintained 23 shelters for victims of domestic violence, 
including children. There were also special shelters for juveniles, 
chiefly 15- to 18-year-olds. In addition, municipalities maintained 
seven shelters across the country. According to researchers, most women 
seeking shelter from violence were women between 25 and 35 years of age 
and either married or in a common-law relationship; nearly one-third 
were immigrants.
    The law criminalizes rape, spousal rape, and domestic abuse. 
Through September, 480 rapes had been reported to the police, compared 
with 568 in all of 2003. According to the Prosecutor-General's Office, 
this increase in reported rapes was due to an increased willingness on 
the part of victims to come forward and less social stigma regarding 
victims than previously. The Prosecutor-General's Office estimated that 
between 6,000 and 10,000 rapes were committed annually. Researchers 
believed that 75 percent of these rapes were committed by a known 
assailant.
    Trafficking in women for the purpose of sexual exploitation was a 
problem (see Section 5, Trafficking).
    Sexual harassment is prohibited by law, and the Government 
generally enforced the law in practice. Employers who fail to protect 
employees from harassment are subject to fines or a maximum of 6 
months' imprisonment. In practice, penalties imposed are generally 
fines, and persons who commit harassment could lose their job.
    The country has a comprehensive equal rights law; women played a 
leading role in cultural, social, economic, and political life. The 
Government placed a high priority on gender equality. There are three 
primary government organizations devoted to gender equality issues. The 
Ombudsman for Equality, part of the Ministry for Social Affairs and 
Health, is an independent authority empowered to monitor compliance 
with the Equality Act. The Gender Equality Unit, also housed in the 
Ministry for Social Affairs and Health, develops policy recommendations 
on gender issues and handles tasks related to the EU's laws and 
policies on gender. A third body, the Council for Equality, coordinates 
and sponsors legislation to meet the needs of women as workers, 
mothers, widows, and retirees. The social welfare system provides 
benefits to both working and stay-at-home mothers, and to female 
students.
    In practice, women still lagged behind men in terms of compensation 
and representation in top management positions in certain fields. 
Women's average earnings were 82 percent of those of men. Women were 
overrepresented in lower paying occupations, and men tended to dominate 
the upper ranks in industry and finance, the labor movement, and some 
government ministries. However, women were well represented in 
education and medicine, with more than half of all physicians being 
female. Women served in the armed forces. The Government's Equality 
Ombudsman judged 15 of the 74 cases it reviewed between January 1 and 
September 23 to be violations. In such cases, the law provides for 
correction of the situation as well as compensation for the plaintiff.

    Children.--The Government was strongly committed to children's 
rights and welfare. Public education and health care systems were well 
funded. Education was free and compulsory for all children ages 7 to 
16. More than 99 percent of children between these ages attended 
school, and girls and boys were treated equally in the education 
system.
    There were individual reports of child abuse, although there was no 
social pattern of such abuse, and the law reflects the national 
consensus supporting children's rights.
    There were reports of trafficking of children for sexual 
exploitation (see Section 5, Trafficking).

    Trafficking in Persons.--The law prohibits trafficking in persons; 
however, there were reports that persons were trafficked to and through 
the country.
    On August 1, new legislation took effect that made trafficking in 
persons a criminal offense and permitted electronic surveillance 
methods such as wiretapping to facilitate the investigation of serious 
trafficking and child pornography cases. The maximum penalty for 
trafficking is at least 6 years' imprisonment. The law also defines 
separate crimes that could be used to convict traffickers, including 
gross forms of pimping, dissemination of child pornography, arranging 
illegal entries, and the marketing of sexual services.
    The country was a destination and transit point for trafficked 
persons. Most trafficking involved women and girls from Russia and 
Estonia for sexual exploitation. Researchers estimated that 
approximately 6,000-8,000 women were trafficked into the country each 
year. However, the actual incidence of trafficking was unknown since 
police did not keep full statistics on the phenomenon. There were a few 
reports of persons trafficked to and through the country for labor. 
There were no reports of citizens being trafficked. Russian or Estonian 
organized crime syndicates trafficked most women and girls into the 
country. Although some of the women may have expected to work in such 
jobs as domestic servants or waitresses, most were aware that they 
would work as prostitutes. Economic coercion and exploitation of poor 
women seemed to play a larger role in trafficking than physical 
coercion or deception. The Schengen Treaty, which allows travelers 
already within EU borders to travel to any other EU country without 
inspection, facilitated the use of the country as a transit point for 
persons trafficked from Russia and the Baltics to Western Europe.
    In September, an interagency working group chaired by the Foreign 
Ministry's Human Rights Unit was established to develop a new national 
action plan to combat trafficking. The group was focused on developing 
new victim protection and assistance measures. Ulla Anttila, the 
chairperson of the Parliamentary Human Rights Caucus, made fighting 
trafficking a top legislative priority; in September, Anttila organized 
a briefing on the legislative role in combating trafficking for 
parliamentarians and assistants. Although a few NGOs operated shelters 
for victims of domestic violence (with government funding), there was 
not yet a strong referral and assistance system in place for 
trafficking victims.
    In September, the Government hosted a major Organization for 
Security and Cooperation in Europe conference on victim protection 
measures in Helsinki. Officials and NGO representatives were active 
internationally in antitrafficking fora, and a group of ministry 
officials, Members of Parliament, and NGO representatives traveled 
abroad in May to discuss with foreign officials ways to improve 
antitrafficking measures. Law enforcement and prosecutorial officials 
received training in antitrafficking measures.

    Persons With Disabilities.--There was no discrimination against 
persons with physical and mental disabilities in employment, education, 
access to health care, or in the provision of other state services. The 
law provides 120 to 240 hours of state-provided interpretation services 
annually to the deaf and the mute. The Government provided housing 
subsidies, free medical care, and other benefits to persons with severe 
disabilities. The law mandates access to buildings for persons with 
disabilities, and the Government generally enforced these provisions in 
practice; however, many older buildings remained inaccessible. A great 
deal of public transportation was accessible, but problems remained in 
some areas. Local transportation services provided a minimum of 18 free 
trips per month to persons with disabilities. Advocates for disabled 
persons in Parliament and in other institutions and organizations 
worked toward revising law and securing adequate funding to ensure that 
all persons with disabilities had access to satisfactory housing and 
transportation.

    National/Racial/Ethnic Minorities.--At the end of 2003, the number 
of immigrants was 107,100 or approximately 2 percent of the population. 
There were occasional reports of fights between native youth and 
immigrant youth, usually involving small groups of skinheads in more 
rural areas. Somali and Muslim immigrants were typically the targets of 
such incidents. There were also occasional reports of fighting between 
rival groups of immigrant youths. Although tension between ethnic Finns 
and immigrant groups was not overt, there were reports of racism and 
xenophobia. Most incidents involved the use of racial epithets toward 
immigrants in public. The chief ethnic-immigrant groups were Russians, 
Estonians, Arabs, Kosovar Albanians, Somalis, Vietnamese, Roma, and 
Ingrains.
    A 2003 study on racism showed that nearly one-third of the 3,595 
immigrants interviewed allegedly had experienced racism in the previous 
12 months. Most of the reported incidents were minor, such as racial 
epithets, while 10 percent were more serious, including assault. 
Approximately 70 percent of those who reported experiencing racism did 
not report it to police, explaining that they had experienced police 
discrimination.
    The Government strongly encouraged tolerance and respect for 
minority groups and established an Ombudsman for Minorities to protect 
minority interests in the country. All government ministries included 
antiracism provisions in their educational information, personnel 
policy, and training programs. The Government also monitored police, 
border guards, and teachers regarding their treatment of immigrants and 
nonethnic groups. Police in the city of Mikkeli formed a special unit 
to investigate and prevent violence against immigrants. The Ombudsman 
for Minorities reported that there were 108 complaints during the year, 
of which 21 were judged to be violations.
    The Minority Ombudsman criticized the way in which police treated 
some asylum seekers (see Section 2.d).

    Indigenous People.--Sami (Lapps) constituted less than 0.1 percent 
of the population. The Constitution provides for the protection of Sami 
language and culture, and the Government financially supported this 
protection and preservation. Sami enjoyed full political and civil 
rights as citizens, as well as a measure of autonomy in their own civil 
and administrative affairs. Sami had the right to use their language in 
dealings with administrative and judicial authorities and in schools, 
media, economic and commercial life, and cultural activities. Sami 
communities received subsidies to enable them to continue their 
traditional way of life.
Section 6. Worker Rights
    a. The Right of Association.--The Constitution provides for the 
rights of trade unions to organize and assemble peacefully. 
Approximately 79 percent of the workforce was organized. All unions 
were independent of the Government.
    The law protects workers against antiunion discrimination. 
Collective bargaining agreements and labor law, both of which were 
enforced, govern complaint resolution.

    b. The Right to Organize and Bargain Collectively.--The law 
provides for the right to organize and bargain collectively. Collective 
bargaining agreements usually were based on tripartite wage policy 
agreements among employees, employers, and the Government.
    The law grants public sector employees the right to strike, with 
some exceptions for employees who provide essential services. A strike 
is legal when an employment contract is not in effect and the action is 
pursuant to new contract negotiations. Strikes are considered illegal 
after a contract agreed to by all parties is in effect. Fines may be 
imposed for illegal strikes. Workers exercised this right in practice; 
through June, there were 1 legal and 29 illegal 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, 
there were reports that persons were trafficked for prostitution and 
labor (see Section 5).

    d. Prohibition of Child Labor and Minimum Age for Employment.--The 
law prohibits children under 16 years of age from working more than 6 
hours a day or from working at night. The Labor Ministry enforces child 
labor regulations; there were no complaints about the exploitation of 
children in the work force.

    e. Acceptable Conditions of Work.--There is no legislated minimum 
wage, but the law requires all employers, including nonunionized ones, 
to meet the minimum wages agreed to in collective bargaining agreements 
in each sector. Almost all workers were covered under such 
arrangements. These negotiated minimum wages provided a decent standard 
of living for workers and their families.
    The legal workweek consists of 5 days not exceeding 40 hours. 
Employees working shifts or during the weekend are entitled to a 24-
hour rest period during the week. Many workers enjoyed better working 
conditions through effectively enforced collective bargaining 
agreements.
    The Government sets occupational health and safety standards, and 
the Labor Ministry effectively enforced them. Workers may refuse 
dangerous work situations without risk of penalty.

                               __________

                                 FRANCE

    France is a multiparty constitutional democracy. Citizens elect a 
president, a legislature, and a range of European and local officials 
in periodic, free, and fair elections. The Union for a Popular Movement 
is the ruling party, and Jacques Chirac is the President. The most 
recent legislative elections took place in September. The judiciary is 
independent.
    Law enforcement and internal security services include the 
Gendarmerie and national and municipal police forces under the control 
of the Ministry of Interior. Civilian authorities maintained effective 
control of the security forces. A few members of the police forces 
committed human rights abuses.
    The country, with a population of approximately 61.7 million, had a 
primarily market-based economy. The rate of economic growth during the 
year was predicted to be 2.1 percent, and wages kept pace with 
inflation.
    The Government generally respected the human rights of its 
citizens; although there were a few problems in some areas, the law and 
judiciary provided effective means of addressing individual instances 
of abuse. There were a few reported instances of abuse of detainees and 
reports of the use of excessive force by law enforcement officers. Long 
delays in bringing cases to trial and lengthy pretrial detention were 
problems. Anti-Semitic incidents increased in number; the Government 
vigorously denounced and continued to take steps to prevent and 
prosecute such incidents. The Government banned the wearing of 
``conspicuous religious symbols'' in public schools. There were 
instances of violence and discrimination against immigrants and 
religious minorities. Societal violence against women and children was 
a problem, which the Government took steps to address. Trafficking in 
persons was a problem, which the Government took steps to address.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Arbitrary or Unlawful Deprivation of Life.--There were no 
reports of political killings by the Government or its agents; however, 
there was at least one allegation of death due to excessive police 
force. At year's end, the National Commission on the Conduct of Police 
and Security Forces and the Human Rights League had not released their 
findings regarding the subsequent death of a man involved in a January 
1 use of tear gas by police.
    There were no reported developments in any reported 2002 or 2003 
killings by police.

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

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The law prohibits such practices; however, there were 
occasional reports that law enforcement officers used excessive force. 
The Inspector General of the National Police received 469 registered 
complaints about illegitimate police violence during the first 11 
months of the year, down from 500 during the same period in 2003. There 
were 59 confirmed cases of police violence, compared to 65 in the 
previous year. Disciplinary actions against police officers who 
committed infractions increased compared with previous years, with 157 
police officers removed from the service for impropriety as opposed to 
128 in 2003 and 94 in 2002. There were 2,561 lesser punishments given 
for a variety of infractions, an increase compared with 2,215 recorded 
the previous year. The decrease in complaints and increase in 
disciplinary action has been attributed to an emphasis on professional 
ethics within the Interior Ministry.
    In its annual report for 2003, the National Commission on the 
Conduct of Police and Security Forces cited ``significant breaches'' by 
those involved in public security and an increase in complaint of 
police abuse and violence. The number of cases submitted to court 
increased from 39 in 2002 to 70 in 2003. Law enforcement 
representatives blamed lack of training for young officers and 
increasing ratios of inexperienced officers to veteran leaders for the 
rising numbers.
    In February, three police officers were placed under investigation 
for allegedly beating a driver after a high-speed chase through Paris. 
A fourth officer was placed under investigation for destroying evidence 
when he turned off the car-mounted camera that would have recorded the 
incident. According to police, the driver was injured as he resisted 
arrest and a sobriety test. The driver claimed that he was sodomized 
during the beating. Both the head of the Paris police and then-Interior 
Minister Nicolas Sarkozy condemned the beating. The investigation was 
ongoing at year's end.
    In April, Sukhwinder Singh, an Indian asylum seeker, alleged a 
police officer struck his head against the street, beat him in the 
police station, and stole his money while apprehending him for 
illegally operating as a street vendor. Mr. Singh further claimed that 
the officer responsible had a history of requiring money from asylum 
seekers who sell goods without authorization. Mr. Singh filed a 
complaint with the Inspector General, which had not issued a report on 
the case by year's end.
    Karim Latifi's 2002 private lawsuit for police abuse was ongoing at 
year's end.
    In April, the European Court of Human Rights (ECHR) condemned the 
Government for ``inhumane and degrading treatments'' in the 1997 case 
of a teenager beaten while in police custody. The court ordered the 
Government to pay Giovanni Rivas $20,500 (15,000 euros) in damages and 
$13,500 (10,000 euros) in court costs.
    In April, three Lille police officers were put under investigation 
for allegedly raping a prostitute three or four times in October and 
November of 2003. According to the woman, the officers threatened 
criminal prosecution if she did not provide them with sexual services. 
The investigation was ongoing at year's end.
    Separatist-related violence in Corsica, aimed at both immigrant 
populations and government authorities, continued to concern the 
Government, which took steps to address the problem (see Section 3).
    Prison conditions generally met international standards; however, 
credible nongovernmental organizations (NGOs) reported overcrowding and 
unacceptable hygiene conditions in some prisons. In a May report, the 
Council of Europe's Committee for the Prevention of Torture criticized 
prisons for being overcrowded and offering insufficient recreational 
activities, educational opportunities, and programs to prepare inmates 
for social reintegration. In the case of the prison in Toulon, the 
occupancy rate had reached levels as high as 270 percent; however, a 
new penitentiary opened in June with facilities for 600 persons. The 
Government continued to replace old prisons and construct new 
facilities. According to the Ministry of Justice, there were 58,231 
persons in custody at year's end in facilities designed to hold 50,094 
persons.
    There was no evidence of deaths in prison due to mistreatment 
during the year. The Ministry of Justice did not have exact figures for 
suicides during the year, but estimated that they were likely similar 
to the 120 recorded in 2003. As a result of a 2003 report on prison 
suicides, directives were issued outlining preventative measures for 
especially sensitive prisoners or those having recently received 
disturbing news.
    Men and women were held separately, juveniles were held separately 
from adults, and pretrial detainees and those serving sentences of less 
than 1 year were held separately from convicted criminals.
    The Government permitted prison visits by independent human rights 
observers. Between December 13 and 20, a delegation from the European 
Committee for the Prevention of Torture and Inhuman or Degrading 
Treatment or Punishment visited various prisons on Reunion Island. No 
report was released by year's end.

    d. Arbitrary Arrest or Detention.--The law prohibits arbitrary 
arrest and detention, and the Government generally observed these 
prohibitions; however, prolonged pretrial detention was a problem.
    The civilian force of 118,000 national police and the military 
force of 90,000 national gendarmes were responsible for internal 
security, under the direction of the Minister of Interior. During the 
year, these services registered a total of 3,825,422 crimes and 
misdemeanors, a decrease of 3.76 percent from 2003, and collected 
sufficient evidence to charge suspects in 31.83 percent of the recorded 
cases.
    There were allegations that authorities abused detainees; however, 
impunity was not a problem. The Inspector General of the National 
Police and the Office of Judicial Police investigated and prosecuted 
allegations of police brutality. The independent National Commission on 
the Conduct of Police and Security Forces investigated and reported to 
the Prime Minister and Parliament on cases of misconduct by national 
and municipal police, gendarmes, and private security forces. The 
National Consultative Commission on Human Rights (NCCHR) also monitored 
police conduct. Corruption was generally not a problem. The Government 
actively investigated and prosecuted persons accused of police 
corruption.
    Police are required by law to obtain warrants prior to taking 
persons into custody. Detainees have access to lawyers. In cases 
involving terrorism or other major crimes, suspects may be held up to 
96 hours without access to a lawyer. Pretrial detention is generally 
only allowed if there is a possibility that the suspect would be 
sentenced to more than 3 years in prison for crimes against persons and 
to more than 5 years in prison for crimes against property. There is a 
system of bail.
    In January, a woman claimed police prevented her from visiting her 
son in the hospital. He was injured in an altercation with police. She 
was arrested and held for 48 hours for allegedly injuring a police 
officer, although a doctor at the scene indicated that no police asked 
to be medically examined. At the hearing, a judge found that the police 
were at fault and exonerated the woman, noting that there was no 
evidence indicating violence on her part.
    Long delays in bringing cases to trial and lengthy pretrial 
detention were problems. Some suspects spent many years in detention 
before a trial, which government officials have acknowledged was due in 
part to insufficient government resources to expedite the investigation 
and trial process. According to the Ministry of Justice, 20,134 of the 
58,231 persons held in jails and prisons were awaiting trial at year's 
end.

    e. Denial of Fair Public Trial.--The law provides for an 
independent judiciary, and the Government generally respected this 
provision in practice.
    The court system includes local courts, 35 regional courts of 
appeal, and the highest criminal court, the Court of Cassation, which 
considers appeals on procedural grounds only.
    In cases of serious crimes, investigating judges detain suspects 
while they conduct the investigation against them. The Chamber of 
Accusation reviews the investigating judge's investigation to determine 
the appropriateness of the charges lodged against the accused. The 
Court of Assises investigates and decides cases involving serious 
criminal offenses.
    The law provides for the right to a fair trial, and an independent 
judiciary generally enforced this right.
    There were no reports of political prisoners.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The law prohibits such actions, and the Government 
generally respected these prohibitions in practice. Violations were 
subject to effective legal recourse.
    The trial of 12 individuals accused of illegally listening to 
telephone conversations, allegedly at the behest of former President 
Francois Mitterrand, remained ongoing at year's end.
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 of the press; 
however, an 1881 press law that may be used to restrict freedom of 
expression by prohibiting speech that insults heads of state remained 
in force, despite criticism from the ECHR.
    In July, in response to sermons from several Muslim clerics who 
called for jihad (holy war), Parliament passed a law stating that a 
foreigner can be deported for publicly proclaiming deliberate and 
explicit acts of provocation proposing discrimination, hatred, or 
violence against any specific person or group of persons.
    The independent media were active and competitive and expressed a 
wide variety of views without government restriction.
    Unlike in the previous year, the Government did not prohibit the 
publication of any books.
    In May, the ECHR condemned the Government for the 1996 prohibition 
on publishing a book alleging that former president Francois Mitterrand 
lied about the state of his health. The court ruled that a continued 
ban on the publication of the book ``The Great Secret'' was a violation 
of the freedom of expression and awarded the publishing company $36,104 
(26,500 euros) for costs and expenses.
    The Government did not restrict Internet access.

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

    c. Freedom of Religion.--The Constitution provides for freedom of 
religion, and the Government generally respected this right in 
practice. The law prohibits discrimination on the basis of faith and 
establishes the country as a strictly secular republic. Under the law, 
religious groups must apply to the local prefecture for recognition as 
an association of worship and disclose certain management and financial 
information in order to receive tax-exempt status.
    The Government has encouraged public caution toward some minority 
religious groups that it considered to be ``cults.'' A 1996 
parliamentary commission identified 173 groups as so-called cults. 
These included the Jehovah's Witnesses, the Theological Institute of 
Nimes (an evangelical Christian Bible college), and the Church of 
Scientology. Members of some of the groups included in the list have 
alleged instances of discrimination due to the ensuing publicity. The 
Inter-ministerial Monitoring Mission Against Sectarian Abuses is 
charged with observing and analyzing sect or cult movements that could 
constitute a threat to public order or that might violate French law, 
coordinating the appropriate response, informing the public about 
potential risks, and helping victims to receive aid.
    A cause for concern was the tax authorities' scrutiny of the 
financial records of some religious groups. In October, the Association 
of Jehovah's Witnesses lost their appeal to the Court of Cassation on a 
2002 ruling that they must pay $62.3 million (45.7 million euros) in 
back taxes. The members claimed that they were discriminatorily and 
punitively audited because of their classification as a cult, and that 
authorities adopted a new administrative doctrine to retroactively tax 
``manual donations'' offered by adherents. The association further 
alleged that this tax had not been applied to any other not-for-profit 
or religious organization, and the amount of the tax exceeds the assets 
of the Association of Jehovah's Witness in the country.
    There was continuing concern about the 2001 About-Picard law, which 
tightens restrictions on associations and provides for the dissolution 
of groups, including religious groups, under certain conditions. In 
2002, the Council of Europe passed a resolution critical of the law and 
invited the Government to reconsider it. By year's end, the law 
remained in force; however, its provisions for the dissolution of 
groups had never been applied.
    On March 15, Parliament passed a law banning the wearing of 
``conspicuous religious symbols'' in public schools by employees and 
students. Implementing regulations, finalized in May, provide for the 
display of ``discreet religious symbols'' and grant considerable 
discretion to individual schools to interpret and implement the law. 
Items of clothing such as bandannas and turbans can be allowed in 
schools if such items are worn as fashion accessories without religious 
significance. The law took effect in September. By year's end, 39 
Muslim girls and 3 Sikh boys had been expelled from public school; all 
had enrolled in private schools, distance education courses, or Belgian 
schools. On June 29, the ECHR ruled that the law did not violate the 
freedom of religion.
    The Paris Court of Appeals rejected a telemarketing firm's appeal 
of a 2003 ruling in favor of a young woman who sought reinstatement, 
damages, and interest after she was fired by the telemarketing firm for 
refusing to wear her headscarf in a manner deemed appropriate by her 
employer. A Lyon administrative appeals court rejected the case of a 
civil servant who filed a lawsuit after being disciplined in May 2002 
for wearing a Muslim headscarf at work, ruling that she had violated 
the principle of neutrality in the public service and disobeyed the 
orders of her superiors. Some Muslim and Sikh groups have protested the 
government policy prohibiting the wearing of the head coverings in 
national identity photos.
    During the year, some religious minorities experienced problems. 
According to the Ministry of Interior, police recorded 950 anti-Semitic 
incidents during the year as opposed to 601 in 2003. There were 187 
people arrested for committing anti-Semitic crimes. Authorities 
vigorously condemned anti-Semitism, increased security at Jewish 
institutions, investigated all attacks, and arrested and prosecuted 
perpetrators when there was sufficient evidence.
    The NCCHR released an extensive analysis of anti-Semitic incidents 
reported by the police in 2003. Such incidents ranged from graffiti and 
desecration (256) and verbal or written harassment (166) to the 
distribution of written tracts (31) and bomb threats (10). There have 
been no reported deaths due to anti-Semitic violence since 1995, but 21 
persons were injured in anti-Semitic attacks in 2003. Based on 
investigations of the incidents, the NCCHR concluded that disaffected 
French-North African youths were responsible for many of the incidents, 
which officials linked to tensions in Israel and the Palestinian 
territories. A small number of incidents were also attributed to 
extreme-right and extreme-left organizations.
    The Representative Council of Jewish Institutions in France (CRIF) 
operated a hotline to register allegations of threats. According to the 
CRIF's website, 341 anti-Semitic incidents were reported during the 
year.
    Cemeteries and religious places were often targets; the Interior 
Ministry announced desecrations and destructive acts at 92 Christian, 
31 Jewish, and 28 Muslim sites.
    Jewish organizations and the Government criticized al-Manar, a 
Lebanese Hezbollah satellite channel, for airing an anti-Semitic 
television series during Ramadan in 2003. In July, the 
telecommunication laws were amended, giving new regulatory powers over 
satellite broadcasts to the Audio Visual Superior Council (CSA). The 
CSA signed a 1-year, limited license with al-Manar in November that 
included provisions banning expression of anti-Semitic sentiments, 
favorable coverage of suicide bombers and other terrorists, and 
incitement to racial and religious hatred. Shortly thereafter, the CSA 
petitioned the State Council, the country's highest administrative 
court, to ban the station based on the broadcaster's failure to curb 
anti-Semitic programming despite the restricted license agreement. In 
December, the State Council banned altogether the transmission of al-
Manar in the country. Prime Minister Raffarin called al-Manar's anti-
Semitic programming ``incompatible with French values'' and urged the 
issue of satellite broadcasts be taken up at the European Union (EU) 
level. Authorities were also investigating Iranian broadcast channel 
Al-Alam at year's end.
    The Government took steps to combat anti-Semitism and other forms 
of intolerance, particularly among the youth; however, some groups 
asserted that the judicial system was lax in its sentencing of anti-
Semitic offenders. In March, the Government published an educational 
tool on the country's values, intended to help public school teachers 
promote tolerance and combat anti-Semitism and racism. During the year, 
schools have emphasized the need for tolerance and copies of the 
Holocaust film ``Shoah'' were distributed to all high schools for use 
in history and civics classes.
    The Government has taken other proactive steps to fight anti-
Semitic and anti-Islamic attacks, including instructing police 
commissioners to create monitoring units in each national department 
and announcing in June the creation of a department-level Council of 
Religions that will raise public awareness of increased racial and 
anti-sectarian incidents. In September, the Mayor of Paris launched a 
campaign to fight all forms of intolerance that included 1,200 
municipal billboards and bulletins in major newspapers.
    Members of the Arab and Muslim communities experienced incidents of 
harassment and vandalism (see section 5), particularly on the island of 
Corsica. The Government is investigating at least 26 anti-Islamic 
websites for links to anti-Muslim attacks.
    Representatives of the Church of Scientology continued to report 
cases of societal discrimination, frivolous lawsuits, and prosecution 
for allegedly fraudulent activity. Church of Scientology 
representatives reported that a case filed by a parent whose child 
attended an Applied Scholastics-based school remained ongoing.
    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 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 
U.N. High Commissioner for Refugees and other humanitarian 
organizations in assisting refugees. According to the French Office of 
Protection for Refugees and Stateless Persons, the Government received 
54,429 initial requests for asylum or requests for re-examination in 
2003--compared with 53,777 in 2002--totaling more than 60,000 when 
considering the children of asylum seekers. There were also 27,741 
applications for territorial asylum, similar to temporary protection, 
but renewable. In 2003, the Government considered 67,030 cases and 
issued 9,790 refugee certificates, documents issued to successful 
asylum applicants.
    The National Association for Assisting Foreigners at Borders 
(ANAFE) released a report in November criticizing the high refusal 
rates for asylum requests and the actions of border police in dealing 
with asylum seekers at Charles de Gaulle International Airport. ANAFE 
reported numerous claims of excessive force and verbal insults by 
police; however, it praised improved conditions in the waiting area.
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 most recent national legislative elections that 
took place in September were generally free and fair; the President was 
elected in May 2002.
    In November, the State Council, the highest appeals court for 
administrative matters, annulled the May elections for 37 of the 57 
seats in the Polynesian National Assembly, citing various 
irregularities. New elections for the seats were expected to take place 
in February 2005.
    In January, former Prime Minister Alain Juppe was convicted on 
charges of corruption, relating to political party financing while 
Juppe was deputy mayor of Paris. At the time, President Chirac was 
mayor of Paris. Juppe appealed his conviction; in December, the 
conviction was upheld, with a reduction of sentence to a 14 month 
suspended jail term and 1 year of ineligibility from holding political 
office. Similar charges are pending against President Chirac; however, 
as long as he remains in office, the President is immune from 
prosecution.
    There were 129 women in the two bodies of the 908-seat legislature 
and 9 women in the 41-member Cabinet. Of the 190 members of the Court 
of Cassation, 74 were women. Of the 78 elected representatives to the 
EU Parliament, 33 were women. Women represented 33 percent of all 
municipal counselors and 10.9 percent of mayors. The constitutional 
amendment requiring parties to have equal numbers of women and men on 
their list of candidates or face fines remained in force.
    The Constitution prohibits the Government from holding information 
about the racial or ethnic background of its citizens; therefore, no 
statistics on minority participation in the Government were available. 
However, minorities generally appeared underrepresented in the 
Government.
    The citizens of the collective territory of Mayotte and the 
territories of French Polynesia, Wallis and Futuna, and New Caledonia 
determine their legal and political relationships to the country by 
means of referendums and, along with the overseas departments, elected 
deputies and senators to the French Parliament.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    A wide variety of domestic and international human rights 
organizations generally operated without government restriction, 
investigating and publishing their findings on human rights cases. 
Government officials were generally cooperative and responsive to their 
views. The NCCHR--an independent body in the Office of the Prime 
Minister, which has nongovernmental as well as governmental members--
also monitored complaints and advised the Government on policies and 
legislation.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The law prohibits discrimination based on race, sex, ethnic 
background, or political opinion; however, discrimination against 
immigrants was a problem. In December, Parliament passed legislation 
creating a High Authority to Fight Discrimination and Promote Equality. 
The body is an independent authority charged with combating 
discrimination based on sex, race, ethnic origin, religion, handicap, 
age, or sexual orientation. The High Authority is to assist with 
individual claims of discrimination, request the help of public 
authorities in their investigations, and recommend disciplinary action.

    Women.--The Penal Code prohibits rape and spousal abuse, and in 
general these laws were enforced; however, violence against women 
remained a problem. The Ministry of Interior reported that there were 
10,506 rapes and 15,732 instances of other criminal sexual assault 
during the year. The penalties for domestic violence vary according to 
the type of crime and range from 3 years' imprisonment and a fine of 
approximately $60,750 (45,000 euros) to 20 years in prison. The penalty 
for rape is 15 years in prison, which may be increased due to other 
circumstances (such as the age of the victim or the nature of the 
relationship of the rapist to the victim). The Government sponsored and 
funded programs for women who were victims of violence, including 
shelters, counseling, and hotlines. Numerous private associations also 
assisted abused women.
    Press reports and NGOs reported that a ``repressive atmosphere'' 
existed in some suburbs of Paris dominated by immigrants from North 
African countries, causing women in these neighborhoods to feel 
intimidated. Some men in these suburbs reportedly intimidated women 
whom they perceived as violating social norms. This abuse ranged from 
verbal abuse to physical assault and rape. After the 2002 killing of 
17-year-old Sohane Benziane, who burned alive by an ex-boyfriend in a 
suburb of Paris, a women's rights movement emerged among inhabitants of 
these ``difficult neighborhoods'' around Paris. The trial against the 
man who confessed to the killing remained ongoing at year's end.
    In 2003, the High Council on Integration (HCI), a government body, 
published a report that approximately 70,000 girls in France between 
ages 10 and 18, primarily from North Africa, sub-Saharan Africa, and 
Turkey, were threatened with forced marriages. Women and girls could 
seek refuge at shelters if they were threatened with forced marriages, 
and parents can be prosecuted for forcing their children into marriage. 
The Government offers some education programs to inform young women of 
their rights, and the HCI said it was important to distinguish between 
arranged and forced marriages. The age of consent for marriage is 18 
for men and 15 for women; however, many of these marriages took place 
overseas and were often designed to facilitate immigration.
    In 2003, HCI also published a report indicating that the country 
was home to 35,000 women who were victims of female genital mutilation 
(FGM), the majority of whom were immigrants from Africa, Asia, and the 
Middle East. The practice is illegal and could be punished by up to 20 
years' imprisonment; however, in most cases FGM occurred outside of the 
country. Cases were seldom reported to the authorities, and most were 
discovered in routine school medical examinations. Several NGOs existed 
to prevent FGM and worked with the Government to educate women about 
their rights.
    Prostitution is legal; pimping is illegal. Authorities cited a drop 
in the number of prostitutes resulting from the implementation of the 
Law on Internal Security; however, NGOs charged that the changes in the 
law had succeeded only in moving the prostitutes to different areas at 
later times rather than reducing the real number of prostitutes.
    Trafficking in women for the purpose of sexual exploitation was a 
problem (see Section 5, Trafficking). A government agency, the Central 
Office on the Treatment of Human Beings (OCRETH), addresses trafficking 
in women, prostitution, and pimping. The Government worked to prevent 
sex tourism (see Section 5, Trafficking).
    The law prohibits sex-based job discrimination and sexual 
harassment in the workplace. Sexual harassment was not widely 
considered a problem in the workplace. The laws prohibiting it were 
well publicized by both the Government and NGOs and effectively 
enforced. These laws make sexual harassment punishable under civil, 
labor, and criminal code and provide for recourse in instances of 
unwanted sexual advances from superiors, but not from peers. The law 
also bans ``moral harassment,'' which is defined as a violation of 
dignity, a danger to health, and a form of discrimination. The 
prohibited conduct did not necessarily have to be related to the gender 
of the victim.
    The law requires that women receive equal pay for equal work; 
however, this standard often was not met in practice. Reports by 
various governmental organizations and NGOs have indicated that men 
continued to earn more than women, and that unemployment rates 
continued to be higher for women than for men. The National Institute 
of Statistics and Economic Studies reported that the unemployment rate 
for women was approximately 2 percent higher than the unemployment rate 
for men; in November, the unemployment rate for women was 11 percent. 
Only 1 of every 10 chief executive officers was a woman.
    Women have increased their representation in the armed services, 
accounting for 12.7 percent of the military workforce in 2003 as 
opposed to 7.1 percent in 1992. Women serve as fighter pilots and in 
the Republican Guard; only specialized units such as the French Foreign 
Legion and submariners remained strictly male.

    Children.--The Government was strongly committed to children's 
rights and welfare; it amply funded systems of public education and 
medical care. The Ministry for Family Affairs oversees implementation 
of the Government's programs for children.
    Public schooling was provided through age 18, and education was 
compulsory for citizens and noncitizens between ages 6 and 16. Although 
not compulsory, pre-school and kindergarten for children under age 6 is 
free and widely available. According to INSEE, the government 
statistical agency, during the school year 2001-02, the percentage of 
children who attended school was 100 percent for ages 3 to 13; but the 
percentage dropped to 99.8, 98.4, and 97.7 for ages 14, 15, and 16, 
respectively.
    There are strict laws against child abuse, particularly when 
committed by a parent or guardian, and the Government effectively 
prosecuted abusers; however, a 2003 report by a rapporteur for the U.N. 
Commission on Human Rights criticized the justice system and a 
government-chartered doctors' group over their handling of child sex 
abuse. In 2003, there were approximately 18,000 reported cases of 
mistreatment (physical violence, sexual abuse, mental cruelty, or 
severe negligence) of children. Approximately 5,200 of these cases 
involved reports of sexual abuse. Special sections of the national 
police and judiciary were charged with handling these cases. In 2002, 
there were 427 convictions for rape of minors under the age of 15, and 
4,003 convictions for cases of sexual assault against minors. In 2002, 
there were 7,821 convictions for cases of violence, mistreatment, and 
abandonment of minors.
    The Government provided counseling, financial aid, foster homes, 
and orphanages for victims, depending on the extent of the problem. 
Various associations also helped minors seek justice in cases of 
mistreatment by parents.
    Trafficking in girls and commercial exploitation of girls were 
problems (see Section 5, Trafficking).

    Trafficking in Persons.--The law prohibits the trafficking of 
persons; however, trafficking in women and children for prostitution, 
forced domestic labor, and petty crime was a problem.
    Trafficking in persons is punishable by up to 7 years in prison and 
a fine of $204,360 (150,000 euros). The law also establishes a specific 
infraction for persons organizing a begging network, but does not 
target the child beggars themselves. Persons convicted of organizing a 
criminal network that exploited children and forced them to beg face a 
prison sentence of 3 to 10 years and a fine of $60,750 to $6.1 million 
(45,000 to 4.5 million euros). This law provides the Government with 
the means to arrest and prosecute child traffickers. Penalties for 
soliciting child prostitutes range up to 10 years' imprisonment. 
However, under the trafficking-related sentencing guidelines, sentences 
for some types of trafficking convictions, such as for rape, were 
light. The exploitation of foreign labor and exposing laborers to 
inhumane conditions are criminal offenses under other statutes 
punishable by up to 3 years' imprisonment or substantial fines.
    In 2003, the special anti-trafficking police arrested 709 
individuals on trafficking-related charges, an increase of 10 percent 
over the previous year. As in 2002, nearly 66 percent of those arrested 
were foreigners. In 2003, 40 trafficking networks were dismantled, a 33 
percent increase over the number dismantled in 2002. In July, Bulgarian 
officials notified police that a young Bulgarian woman had complained 
that her baby had been kidnapped; the police investigation revealed a 
baby-trafficking network in which young Bulgarian mothers were forced 
to sell their babies in Paris. Authorities arrested 10 persons in 
connection with the baby-trafficking ring. Police found $6,800 (5,000 
euros) on the prospective baby purchaser.
    In 2003, police arrested 67 adults in a Roma encampment outside 
Paris and charged them with organizing sexual enslavement of Romani 
children who were kidnapped from Romania, brought to the country, raped 
to make them obey, and sent out on the streets of Paris and its suburbs 
to steal and prostitute themselves. According to press reports, the 
children were forced to earn $272 (200 euros) a day or face severe 
physical punishment. The child traffickers remained in jail awaiting 
trial at the end of the year.
    Prostitution is legal; however, the law prohibits pimping, 
including aiding, assisting, maintaining, or profiting from the 
prostitution of another. Public solicitation is illegal. Pimps and 
traffickers usually were prosecuted under these laws. Aiding, abetting, 
or protecting the prostitution of another person; obtaining a profit, 
sharing proceeds, or receiving subsidies from someone engaged in 
prostitution; or employing, leading, corrupting, or pressuring someone 
into prostitution are punishable by up to 5 years' imprisonment and a 
fine of up to approximately $190,735 (140,000 euros). Penalties 
increase to a maximum of 10 years' imprisonment and approximately $1.9 
million (1.4 million euros) if a minor or several persons are involved, 
or if force is used. Pimping by organized groups is punishable by up to 
20 years' imprisonment and a fine of up to $3.8 million (2.8 million 
euros). The use of ``torture'' or ``barbarous acts'' in the course of 
pimping is punishable by up to life imprisonment and up to $5.7 million 
(4.2 million euros) in fines. Enforcement of these laws varied, and 
prostitution remained a problem.
    There also are strict laws combating trafficking in persons as it 
relates to domestic slavery. Slavery is punishable by up to 2 years' 
imprisonment and a fine of $96,730 (71,000 euros). When the crime 
applies to more than one victim, punishments increase to 5 years' 
imprisonment and $190,735 (140,000 euros) in fines. The Committee 
Against Modern Slavery brought cases of domestic and modern slavery to 
the authorities for prosecution.
    Several law enforcement agencies were involved in the effort to 
combat trafficking. OCRETH, which was under the authority of the 
Central Criminal Investigation Directorate of the Judicial Police, 
centralized information and coordinated operations to counter 
trafficking and maintained contacts with the police, the Gendarmerie, 
the border police, foreign and international law enforcement 
authorities, and NGOs. Regional services of the police also combat 
trafficking, and there are police brigades to combat pimping in Paris 
and Marseille. Local police forces also addressed problems of 
prostitution and pimping.
    The Government regularly cooperated on a bilateral basis or with 
international institutions such as the European Police Agency to 
investigate, track, and dismantle trafficking rings. By year's end, no 
trial date was set for a British man arrested in 2003 for operating a 
call girl service.
    The country is a destination for trafficking victims, primarily 
women from Eastern Europe, the Balkans, the former Soviet Union, and 
West Africa--and to a lesser extent, South and Central America--for the 
purposes of sexual exploitation and domestic servitude. Trafficking of 
Brazilian women and girls into sexual exploitation in French Guiana was 
a problem. The country is also a destination for trafficked Romanian 
children, many of Romani descent.
    Police estimated that 90 percent of the 15,000 to 18,000 
prostitutes working in the country were trafficking victims, and that 
3,000 to 8,000 children were forced into prostitution and labor, 
including begging. In 2003, a report by a rapporteur for the U.N. 
Commission on Human Rights criticized the Government for ``continuing 
to deny the existence and the scale of sexual cruelty against 
children'' with regard to trafficked children and called for the NCCHR 
to further investigate the situation. Of the 900 victims questioned in 
2003, 50 were minors, mostly citizens and Eastern Europeans.
    Traffickers used various methods to recruit and retain victims 
including force, fraud, confiscating the victims' identification 
papers, isolating them culturally, and abusing them physically or 
psychologically. Some victims came to the country willing to work as 
prostitutes, not knowing they were going to become trafficking victims. 
Traffickers kidnapped or ``bought'' some women and girls and sold them 
to Balkans-based prostitution networks, which smuggled the victims into 
the country. NGOs and police characterized the bulk of traffickers in 
the country as ``micro-trafficking networks'' that included both 
citizens and foreigners.
    Handlers of the Romanian children of Romani descent have 
traditionally used the children as beggars and thieves, but many of the 
children have increasingly turned to or been forced into prostitution. 
Under the terms of a French-Romanian agreement, Romanian children and 
adults who had been trafficked into the country were repatriated on a 
voluntary basis. Some NGOs and grassroots organizations have criticized 
the voluntary repatriation program because the Government has limited 
its participation to providing transport back to Romania and $208 (153 
euros) for resettlement.
    Under the Government protection program established in 2003 to aid 
trafficking victims who chose to cooperate with police and judicial 
authorities, the Government granted 204 women temporary residence; 11 
obtained 1-year renewable permits. Victims who declined to cooperate 
with the authorities were processed as illegal immigrants and were 
sometimes detained or jailed.
    The Government continued to screen and refer victims to counseling 
centers and safe houses for comprehensive services. The Government 
offered victims 3 to 6 months' renewable temporary residency according 
to their need and cooperation with police. The Government assumed child 
victims to be in danger and provided immediate shelter while assessing 
the child's best interests.
    Numerous NGOs dealt with trafficking in persons and prostitution. 
Many NGOs had ``field educators'' who routinely met with prostitutes, 
served as intermediaries between police and prostitutes, offered 
psychological support, and tried to educate prostitutes about safe sex 
as well as their rights under the law.
    Social Aid to Children (ASE), the national social services branch 
for childcare, was responsible for caring for and assisting victims 
under age 22. The ASE provides social workers to help victims gain 
access to social care, legal counsel, and asylum assistance. ASE worked 
closely with the Office for the Protection of Refugees and Stateless 
Persons.
    The Government focused outreach and prevention programs on domestic 
prostitution and sex tourism abroad. The Prime Minister's Inter-
ministerial Commission on Clandestine Workers and Illegal Labor 
continued its work, and a new interministerial working group on sex 
tourism began work on recommendations for the Tourism Ministry.
    The Government worked closely with other countries and NGOs to 
combat trafficking, funding programs in Central and Eastern Europe as 
well as West Africa. Within the EU, the Government supported anti-
trafficking programs, including information campaigns, seminars, and 
bilateral training programs for police units and lawmakers, and 
assigned criminal liaison officers throughout Europe to identify 
trafficking networks.
    In September, the interministerial Commission to Combat Child Sex 
Tourism released its initial report. The group, which composed of 
government officials, NGOs, doctors, lawyers, airline, hotel, and tour 
agency professionals, made 12 recommendations. The commission called on 
the Government to enhance the effectiveness of its own efforts against 
sexual tourism; to reinforce and mobilize law enforcement and the 
judiciary in order to strengthen the efficacy of measures to punish 
citizens who travel abroad to exploit children for sex; to help 
countries fighting the sexual exploitation of children with bilateral 
accords, including even the possibility of calling on domestic 
companies present in the foreign country to provide training or other 
opportunities for children to enable the children to make a living 
other than by prostitution; to condition assistance funds to the third 
country's formalization of a plan of action to fight the sexual 
exploitation of children; and to convince Europe to join the country in 
its efforts to combat child sex tourism.

    Persons With Disabilities.--The law prohibits discrimination 
against persons with disabilities in employment, education, access to 
health care, or in the provision of other state services.
    The law requires new public buildings to be accessible to persons 
with disabilities; however, many older buildings and public 
transportation were not accessible. A 2003 court case charged a cinema 
with lacking access for persons with disabilities, but no decision was 
rendered by year's end. A second case from 2003, which charged the 
Ministry of Justice with noncompliance with the law on accessibility, 
remained ongoing at year's end.
    Nearly 40 percent of persons with disabilities were unemployed. A 
1987 law requires companies of more than 20 employees to ensure that 6 
percent of their workforce consists of persons with disabilities or the 
company must pay fines to an association that assists persons with 
disabilities in finding work. However, in practice, this law was not 
effectively enforced. Of the companies subject to this law, 37 percent 
did not employ any persons with disabilities, and most of those that 
did comply fell short of the 6 percent quota.
    In January, the Government passed legislation that drastically 
reformed and updated the disability law; however, the law was not 
scheduled to go into effect until 2005. Under the new law, for the 
first time, psychological handicaps are considered disabilities and 
qualify individuals for government benefits. The new law mandates 
stipends to individuals with disabilities, forbids academic 
institutions from rejecting handicapped students, gives additional 
benefits for companies who respect the 6 percent quota, and increases 
penalties for companies who fail to hire enough individuals with 
disabilities. Additionally, the law allows 6 years for the public 
transportation system to provide complete access to those with 
disabilities.

    National/Racial/Ethnic Minorities.--Anti-immigrant sentiments led 
to some incidents of violence and discrimination, including occasional 
attacks on members of the large Arab, Muslim, and black African 
communities. In 2003, there was a decrease in violence and racial 
threats, as documented by the NCCHR. The annual NCCHR report noted a 
decline in the number of reported incidents of racist threats--137 in 
2003, compared with 262 in 2002; there were 92 incidents of racist 
violence in 2003, compared with 119 in 2002. According to the report, 
there were no deaths due to racist violence in 2003; however, 11 
persons were injured. Of the 137 racist threats reported, 105 were 
directed at immigrants of North African origin.
    Violence against immigrants has increased significantly in recent 
years on the island of Corsica. The Government condemned the incidents 
and took steps to address the problem. During the year, the Ministry of 
the Interior reported that there were 107 acts of violence committed 
against individuals of immigrant, mostly Arab background, more than 
twice the number of such attacks as reported in 2003. In October, it 
was estimated that more than 25 percent of the racist attacks committed 
since January occurred in Corsica. For example, in November, assailants 
opened fire on an imam as he answered a knock at the door of the Muslim 
Cultural Association of Sartene, in southern Corsica. The imam was 
uninjured. In December, there were two attacks against a building 
housing immigrants. The attacks have caused some families to move to 
the mainland or return to their countries of origin.
    The attacks were blamed on sectors of the island's nationalist 
movement, and many incidents involved graffiti with such slogans as 
``Arabs Out'' and ``Corsica for the Corsicans'' written in the Corsican 
language. In November, police placed 14 members of the nationalist 
group Clandestini Corsi under investigation. In December, Corsican 
authorities held a week of events aimed at increasing awareness of the 
danger of racism and promoting coexistence between immigrant and native 
Corsican populations.
    Immigrant advocacy groups continued to criticize a 2003 law aimed 
to restrict illegal immigration and to ensure that illegal immigrants 
are deported for being too harsh and encouraging discrimination against 
foreigners.
    Judicial authorities may consider racist motivation as an 
aggravating factor in a crime. In September, a court handed down a 4-
month suspended sentence and a $13,624 (10,000 euros) fine to a woman 
who refused to sell property to an Arab couple.
    At year's end, Joel Damman remained in jail awaiting trial for the 
2002 killing of an immigrant, which he confessed was motivated by 
racism.
    Some NGOs alleged that racist hiring practices prevented minorities 
from Africa, North Africa, the Middle East, and Asia from equal access 
to the workplace and worked to sensitize the public to this problem. A 
report submitted to the Prime Minister in November concluded that 
discrimination was a reality and recommended, among other things, that 
resumes be free of pictures, names, sex, age, or other criteria that 
might permit prejudice in hiring.
    As the result of an investigative story run by a Lyon magazine, 11 
nightclub bouncers went to trial in November on discrimination charges 
for refusing entry to individuals of North African appearance. In the 
experiment described in the magazine, 11 of 18 nightclubs refused entry 
to a couple of North-African appearance but permitted a couple of 
European appearance to enter several minutes later. The trial was 
ongoing at year's end.
    The Ministry of Labor and the NGO Group for Study and Combat of 
Discrimination offered a free hotline to report discrimination. 
Government programs attempted to combat racism and anti-Semitism by 
promoting public awareness and bringing together local officials, 
police, and citizen groups. There also were anti-racist educational 
programs in some public school systems.

    Other Societal Abuses and Discrimination.--Societal discrimination 
and abuse against persons because of sexual orientation was not a 
problem; although there were isolated incidents of violence, the 
authorities pursued and punished offenders.
Section 6. Worker Rights
    The Constitution provides for freedom of association for all 
workers, and workers exercised this right in practice. Approximately 7 
percent of the work force was unionized.

    b. The Right to Organize and Bargain Collectively.--The law allows 
unions to conduct their activities without interference, and the 
Government protected this right in practice. Workers have the right to 
organize and bargain collectively, and workers exercised this right in 
practice. Workers, including civil servants, have the right to strike 
except when a strike threatens public safety. Workers exercised this 
right in practice.
    There are no special laws or exceptions from regular labor laws in 
the three export processing zones.

    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). There were press 
reports of substandard pay and working conditions, often within the 
immigrant community, suffered by undetermined numbers of undocumented 
immigrants of Chinese origin. For example, late in the year, there were 
several press reports of ``cooking sweatshops'' in apartments used to 
supply the burgeoning number of Chinese carry-out restaurants in the 
capital and suburbs.

    d. Prohibition of Child Labor and Minimum Age for Employment.--With 
a few exceptions for those enrolled in certain apprenticeship programs 
or working in the entertainment industry, children under the age of 16 
may not be employed. In general, minors are prohibited from performing 
work considered arduous, or work between the hours of 10 p.m. and 5 
a.m. Laws prohibiting child employment were enforced effectively 
through periodic checks by labor inspectors, who have the authority to 
take employers to court for noncompliance with the law.

    e. Acceptable Conditions of Work.--The administratively determined 
minimum wage of $10.27 (7.61 euros) per hour provided a decent standard 
of living for a worker and family. The official workweek is 35 hours; 
however, in certain industries, the government allows a greater number 
of overtime hours that can result in a de facto 39-hour workweek. 
Overtime is limited to 180 hours annually.
    The Ministry of Social Affairs, Labor, and Solidarity is 
responsible for policing occupational health and safety laws. Standards 
were high and effectively enforced. The law requires each enterprise 
with 50 or more employees to establish an occupational health and 
safety committee. Over 75 percent of all enterprises, covering more 
than 75 percent of all employees, had fully functioning health and 
safety committees. Workers have the right to remove themselves from 
dangerous work situations without jeopardy to their employment, and the 
Government effectively enforced this right.

                               __________

                                GEORGIA

    Georgia is a republic with a Constitution that provides for a 
strong executive branch that reports to the president. The president 
appoints ministers with the consent of Parliament. Parliamentary 
elections held in November 2003 were marred by serious irregularities, 
resulting in mass street protests. In November 23, 2003, President 
Shevardnadze resigned as president, culminating what became known 
around the world as the Rose Revolution. New presidential elections 
were held on January 4, and opposition leader Mikheil Saakashvili won 
by over 90 percent. New parliamentary elections were held in March, and 
Saakashvili's National Movement won the majority of seats. A civil war 
and separatist wars in the early 1990s ended central government 
authority in Abkhazia and South Ossetia and weakened central authority 
in the autonomous region of Ajara and elsewhere in the country. The 
Constitution provides for an independent judiciary; however, the 
judiciary was subject to executive pressure and corruption.
    The Ministry of Internal Affairs (MIA) and the Ministry of State 
Security (MSS), which were combined in December to become the new 
Ministry of Police and Public Order, have primary responsibility for 
law enforcement along with the Prosecutor General's Office. In times of 
internal disorder, the Government may call on the Ministry of Police 
and Public Order or the military. 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 serious human rights abuses.
    The country, with a population of approximately 4.4 million, had a 
market-based economy with a large agricultural sector. The gross 
domestic product growth during the year was 8.4 percent. Wages did not 
keep pace with inflation. Although corruption impacted the economy, the 
Government took steps to address it during the year. Pensions and state 
salaries were paid on time and arrears began to be retired for the 
first time in several years, as a result of economic reform and 
anticorruption programs.
    The Government's human rights record remained poor; although there 
were improvements in some areas, serious problems remained. 
Nongovernmental organizations (NGOs) blamed two deaths in custody on 
physical abuse. NGOs reported that police brutality continued, and in 
certain areas increased. Law enforcement officers continued to torture, 
beat, and otherwise abuse detainees. Corruption in law enforcement 
agencies decreased, but remained a problem. Arbitrary arrest and 
detention remained problems, as did lack of accountability. The 
judiciary system continued to lack true independence, and the executive 
branch and prosecutors' offices continued to exert undue influence on 
judges. There were lengthy delays in trials, and prolonged pretrial 
detention remained a problem.
    Law enforcement agencies and other government bodies occasionally 
interfered with citizens' right to privacy. The press generally was 
free; however, journalists practiced increased self-censorship. In the 
beginning of the year, security forces violently dispersed several 
peaceful rallies and placed participants in pretrial detention. While 
violence against religious minorities decreased, Government officials 
continued to tolerate discrimination and harassment against some 
religious minorities. Violence against women was a problem. Trafficking 
for the purpose of forced labor and sexual exploitation was a problem.
    International observers determined that the January presidential 
elections and the March parliamentary elections represented significant 
progress over previous elections and brought the country closer to 
meeting international standards, although several irregularities were 
noted. In contrast to previous years, there were fewer reports of 
harassment or violence against religious minorities. Police bribery of 
motorists also decreased significantly due to an overhaul of the 
highway police and elimination of the traditional traffic police.
    Internal conflicts in Abkhazia and South Ossetia remained 
unresolved. Ceasefires were in effect in both areas, although sporadic 
incidents of violence occurred in Ossetia. These conflicts and the 
problems associated with approximately 230,000 IDPs from Abkhazia, 
12,200 from South Ossetia, and 2,600 refugees from Chechnya posed a 
continued threat to national stability.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Arbitrary or Unlawful Deprivation of Life.--There were no 
reports of political killings; however, law enforcement officers' 
abuses officially contributed to one death. NGOs blamed another death 
in custody, a suicide, on physical and psychological pressure.
    On May 23, Khvicha Kvirikashvili died shortly after being taken 
home by police officers following questioning in the police station of 
Gldani-Nadzaladevi district in Tbilisi concerning a May 22 burglary. 
The Prosecutor General opened an investigation into Kvirikashvili's 
death and found evidence that he was beaten while in the police 
station. In June, police officer Roland Minadze was sentenced to 3-
month pretrial detention in connection with Kvirikashvili's death. A 
criminal case began on September 21. The trial was ongoing at year's 
end.
    Killings were committed by elements on both sides of the separatist 
conflict in South Ossetia. In August, fighting flared up in South 
Ossetia, and several civilians and soldiers died on both sides of the 
conflict. No deaths were prosecuted or punished. Partisan violence in 
Abkhazia significantly decreased during the year. The Government took 
concrete steps to arrest militia partisan groups and curtail their 
activities; most members of the partisan organization The Forest 
Brothers have been arrested.
    Both government and Abkhaz forces laid tens of thousands of 
landmines during the 1992-93 fighting. There was a reduction in 
landmine casualties to two during the year due to migration out of the 
area and to the activities of landmine clearing organizations such as 
the Halo Trust.

    b. Disappearance.--There were no reports of politically motivated 
disappearances.
    Partisan groups active in Abkhazia engaged in criminal activity and 
frequently took hostages to exchange for captured compatriots. 
Partisans in South Ossetia also were active during the summer in 
kidnapping, both to exchange for captured compatriots and for ransom. 
Kidnapping for ransom decreased significantly elsewhere in the country. 
The MIA reported 18 cases of kidnapping in the first 10 months of the 
year and stated that investigations had resulted in charges in 4 of 
these cases.
    At year's end, the whereabouts of Chechen refugee Adam Talalov, who 
disappeared in 2003, remained unknown.
    The investigation into the kidnapping and release of three U.N. 
military observers in 2003 remained ongoing at year's end.
    Government and Abkhaz commissions on missing persons reported that 
more than 1,000 Georgians and several hundred Abkhaz remained missing 
as a result of the 1992-94 war in Abkhazia (see Section 1.g.). The 
International Committee of the Red Cross (ICRC) assisted joint official 
efforts to determine the location and repatriate the remains of the 
dead. No repatriations had occurred by year's end.

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The Constitution prohibits such practices; however, law 
enforcement officers continued to torture, beat, and otherwise abuse 
prisoners and detainees, usually to extract money or confessions, and 
NGOs alleged the problem increased since the most recent elections. 
Serious abuses and police misconduct, such as the fabrication or 
planting of evidence, also remained problems. During the year, there 
were several cases of police officers brought to trial, dismissed, or 
demoted for abuses; however, impunity remained a problem, particularly 
in outlying regions (see Section 1.d.).
    Human rights advocates reported that while allegations of torture 
of convicted criminals decreased, allegations of torture in pretrial 
detention facilities and in police departments increased during the 
year. Reported torture often included beating, electric shocks, and 
cigarette burns. During the year, police increasingly brought suspects 
to police stations, beat or tortured them, and released them without 
officially registering the suspect's presence at the station.
    The investigation into the allegations that police subjected Irakli 
Tushishvili to electric shock in MIA custody remained ongoing. 
Tushishvili remained in pretrial custody at year's end.
    The most serious incidents of abuse occurred during pretrial 
detention when police interrogated suspects. According to human rights 
observers, those who suffered such abuse were held routinely for 
lengthy periods in pretrial detention to give their injuries time to 
heal. Police often claimed that injuries were sustained during or 
before arrest. Criminal agents within the prison population also 
allegedly committed abuses in pretrial detention facilities. Unlike the 
previous year, there were no reports of abused children in the Isolator 
detention facility; the facility closed during the year.
    On January 10, police officers detained former Deputy Defense 
Minister Gia Vashakidze and his associates Eldar Gogberashvili and 
Beniamin Saneblidze under suspicion of involvement in the December 2003 
kidnapping of banker Tamaz Maglakelidze. Police officers took them to a 
local cemetery where they beat Gogberashvili and Saneblidze in front of 
Vashakidze. On January 11, police brought the three men to the Tbilisi 
City police station where all were beaten and Saneblidze received 
electric shocks. After a January 12 bail hearing, police officers 
returned them to the police office, where they continued to beat them 
and forced them to sign a confession. Police did not permit a medical 
examination requested by Saneblidze's lawyer until 2 weeks later. There 
were signs that officers had broken Saneblidze's nose and several of 
his ribs, administered electric shocks to his head and hands, and burnt 
cigarettes into his legs. In May, Vashakidze was released from 
detention on bail, after diplomatic intervention on his behalf.
    On April 24, Sulkhan Molashvili appeared at the General 
Prosecutor's office, where he was taken into 3-month pretrial detention 
for abuse of power and misappropriation of money. Molashvili's lawyers 
reported that, in detention, officers beat him, administered electric 
shocks, and burnt cigarettes into his back. A medical examination was 
not administered. According to the NGO Human Rights Information and 
Documentation Center, the Prosecutor General did not begin an immediate 
investigation against Molashvili, although in July, the Prosecutor 
requested an extension of pretrial detention for investigation 
purposes. In July, the General Prosecutor opened an investigation into 
Molashvili's injuries that was ongoing at year's end.
    Criminal proceedings against two police officers for extortion and 
physical abuse of 15-year-old D. Asaturov and his family remained 
pending at year's end.
    There were no developments in the reported 2002 abuse cases.
    During the year, the NGO Liberty Institute documented over 1,000 
cases of torture in pretrial detention, although it noted a significant 
decrease in torture in prisons since early November.
    During the year, the official number of detainees delivered to 
pretrial detention facilities with injuries sustained during temporary 
detention was 136, an increase of 14 percent. Few of these incidents 
resulted in prosecutions.
    Government officials acknowledged that, in the past, MIA personnel 
routinely beat and abused prisoners and detainees, and the Government 
took some steps to address these problems. Government officials cited a 
lack of proper training, poor supervision of investigators and guards, 
and a lack of equipment as contributing to the continuation of these 
practices in law enforcement facilities.
    The Ministry of Justice (MOJ) was responsible for overall 
administration of the prison system; however, the law permits MIA 
personnel to staff the facilities. During the year, the MIA and MSS 
transferred all remaining prisons under their jurisdiction to the MOJ. 
Isolator Five, a pretrial detention facility largely used for political 
prisoners and known for abusive practices, no longer held prisoners and 
was shut down during the year. The MIA only maintained overnight 
detention facilities at police stations. The law permits the MIA to 
conduct investigations among inmates without judicial approval to 
gather evidence for trials.
    The MOJ maintained a monitoring board of civil society and NGO 
representatives, which had the responsibility of reporting on human 
rights abuses in detention facilities. Board members had the right to 
pay unannounced visits to any detention facility. At the beginning of 
the year, the board was abolished and not reestablished until 
September. Many NGOs complained that several previous members of the 
board who were especially critical of the new Government were not 
allowed on the new board. The board members recommenced monitoring in 
November.
    The U.N., the International Committee of the Red Cross (ICRC), and 
many NGOs, including Human Rights Watch (HRW), continued to report 
inhumane and life threatening prison conditions. Abuse and extortion of 
prisoners and detainees by prison staff continued. Prison facilities 
remained unsanitary, understaffed, and were in desperate need of 
repair. Continued overcrowding was a particularly acute problem. Most 
prison facilities lacked basic utilities and sanitary facilities. 
Regional penitentiaries and pretrial detention facilities were without 
electricity for months. Payment of guards and prison staff became more 
regular, which allegedly decreased corruption.
    A 2002 U.N. Human Rights Commission review cited systemic problems 
with the criminal justice and prison systems and continued widespread 
use of torture and arbitrary detention by police. The Government had 
not responded to the Commission's recommendations by year's end.
    Attempted suicides and self-mutilation occurred in prisons as 
protests against declining prison conditions and human rights 
violations. There were also sporadic hunger strikes by prisoners to 
protest poor conditions, visitor limitations, and the perceived 
arbitrary parole policy of the Government.
    In 2003, prisoners Givi Rukhaia and Zaal Chikhladze protested the 
alleged false charges through 1 day of self-mutilation. Rukhaia 
mutilated himself with nails and Chikhladze sewed his mouth shut. An 
independent investigation by the Ombudsman supported the prisoner's 
contention that police had extorted money and gold from Rukhaia. An 
investigation into the case was ongoing at year's end.
    The prison mortality rate reportedly improved; however, human 
rights NGOs claimed that authorities kept official rates artificially 
low by releasing terminally ill prisoners or by sending dying prisoners 
to the hospital. Observers claimed deaths of prisoners without families 
usually went unreported. During the year, there were 28 registered 
deaths in prison, 1 attributed to suicide and 1 attributed to a beating 
by a police officer (see Section 1.a.); the remaining deaths were 
attributed to health complications. According to the ICRC, tuberculosis 
was widespread in the prison system; in cooperation with the MOJ, the 
ICRC treated nearly 2,600 infected prisoners since 1998.
    NGOs reported violence among prisoners decreased during the year.
    Men and women were held separately. Juveniles were held separately 
in a specially constructed facility; however, juveniles were 
infrequently separated from other inmates in MIA temporary detention 
facilities. Pretrial detainees were often kept with convicted prisoners 
due to overcrowding.
    The ICRC had full access to detention facilities, including those 
in Abkhazia, and was allowed private meetings and regular visits with 
detainees. The Organization for Security and Cooperation in Europe 
reported bureaucratic delays but no serious problems in obtaining 
access to prisoners or detainees; however, local human rights groups 
reported sporadic difficulty in visiting detainees, particularly in 
cases with political overtones. In March, the human rights unit of the 
Prosecutor General's Office was abolished and not reestablished until 
October. Since November, the unit enjoyed free access to prisons to 
monitor conditions.

    d. Arbitrary Arrest or Detention.--The Constitution prohibits 
arbitrary arrest and detention; however, the Government frequently 
disregarded these provisions.
    The MIA and Prosecutor General's Office have primary responsibility 
for law enforcement. The MIA controls the police, which are divided 
into functional departments. A separate, independently funded police 
protection department under the MIA provides security and protection to 
private businesses. Public confidence in the police increased during 
the year due to a reduction in corruption. During the year, police 
received their salaries more regularly. Impunity, however, remained a 
problem. In July, the MIA took steps to reduce police corruption by 
firing 13,000 officers, disbanding the corrupt traffic police force, 
and replacing them with a new patrol police unit consisting of newly 
hired officers with higher salaries. Only individuals under age 37 were 
allowed to apply for this new Patrol. Since then, the widespread 
solicitation of bribes from motorists decreased substantially. In 
November, the MIA transferred its armed internal troops to the Ministry 
of Defense. The MIA announced its intentions to reorganize the 
remaining 3,000 lightly armed internal troops into a Gendarmerie, 
responsible for keeping public order. In December, the Government 
announced the merger of the Ministries of Interior and State Security 
into a new Ministry of Police and Public Order. All redundant 
departments were combined and the Department of Foreign Intelligence 
became a stand-alone agency.
    While the new Government prioritized rooting out corruption, its 
efforts sometimes infringed on the rule of law. For example, between 
January and March, the Government arrested a number of high profile, 
wealthy figures close to former President Shevardnadze, charged them 
with abuse of office or tax arrears, sentenced them to pretrial 
detention, and fined them a predetermined sum, which was reportedly 
deposited in the State treasury. Detainees were released without charge 
if they paid. If the individual refused to pay, he or she remained in 
isolated pretrial detention and experienced intimidation. The 
Government, in effect, used pretrial detention as a bargaining tactic 
to induce payment.
    Government officials, including President Saakashvili, also made 
public comments that gave the impression they supported police 
brutality and increased the atmosphere of impunity among police 
officers. Saakashvili and other government officials later held several 
press conferences to publicly condemn police brutality.
    On February 20, law enforcement agents arrested Gia Jokhtaberidze, 
majority shareholder in a large telecommunications company and son-in-
law of former President Shevardnadze. Jokhtaberidze was forcibly 
removed from a departing airplane in an arrest widely broadcast 
throughout the country, and immediately placed in pretrial detention. 
Commenting on the arrest, President Saakashvili made public statements 
that violated due process. In March, in contradiction to the law, 
Jokhtaberidze was transferred to Isolator Number Five. Jokhtaberidze's 
lawyers claimed he was repeatedly threatened. The General Prosecutor 
offered to drop all charges if Jokhtaberidze paid $15 million (30 
million GEL). On April 26, after payment, Jokhtaberidze was released 
from detention with all charges dropped. Government officials, 
including the President, and media claimed that the money was a fine; 
Jokhtaberidze and his company denied the payment was an admission of 
wrongdoing.
    An ongoing culture of impunity remained a problem. Despite this, 
some police officers were arrested or administratively disciplined in 
high-profile cases of physical abuse or deaths in custody. The MOJ 
maintained a system to provide for medical examinations of prisoners 
transferred from police stations to pretrial detention facilities in 
order to document injuries that may have occurred in police custody and 
to establish baseline medical condition information for each prisoner 
that could be used in cases of alleged prison abuse. Injuries 
consistent with abuse were documented and reported to the MOJ 
authorities, who in turn reported them to the MIA for investigation. 
The system functioned effectively.
    In general, officers were held accountable for abuses only in 
extreme cases, and the Criminal Procedures Code limited a detainee's 
ability to substantiate claims of such abuses (see Section 1.e.). 
During the year, 179 criminal cases against MIA employees were opened 
by the Prosecutor General's Office. All of these cases were pending at 
year's end. Many observers claimed that prosecutors were frequently 
reluctant to open a criminal case against police or they closed a case 
for lack of evidence. Human rights NGOs also believed that many 
instances of abuse went unreported by victims due to fear of reprisals 
or lack of confidence in the system.
    A defendant may file a complaint of abuse only with the Prosecutor 
General's Office, whose decision cannot be appealed. NGOs claimed that 
this regulation hindered their ability to substantiate police 
misconduct because of the close ties between the Prosecutor General's 
Office and the police.
    The Criminal Procedure Code provides for the right of a witness to 
be accompanied by a lawyer when being questioned by the police. Police 
can hold a witness for 48 hours without bringing charges. Police 
frequently charged witnesses as suspects at the end of this period. 
Human rights observers continued to allege that police often called a 
detainee's lawyer as a witness, thereby denying him access to his 
client.
    Parliament's Committee on Human Rights and Ethnic Relations 
investigated claims of arrest and detention abuse. The Committee's 
chairperson reported a significant decrease in the number of claims 
filed during the second half of the year; however, NGOs did not report 
a decrease in incidents of torture until November.
    Judges issue warrants and detention orders and, by law, suspects 
must be charged within 3 days. Judges have six possible preventive 
measures to ensure suspects will appear at trial, including bail, 
pretrial detention, and house arrest. In practice, 3-month pretrial 
detention was always imposed, which may be extended by 3-month 
intervals up to 9 months. In practice, suspects were detained in 
pretrial detention much longer than legally permitted. The bail system 
was rarely used due to fear of being subject to bribery accusations.
    NGOs noted that, if a judge rules that an investigation must be 
renewed, the 9-month pretrial detention limits are also extended. In 
practice, as judges lacked real independence from prosecutors, 
prosecutors could keep suspects in jail as long as they liked. The 
Criminal Code states suspects cannot be held for a combined period of 
more than 24 months once a trial has commenced, which can be extended 
by the judge to 30 months. Judges sometimes neglected these 
stipulations.
    Police frequently detained persons without warrants and often 
planted drugs or weapons in order to arrest individuals. Police 
frequently did not allow witnesses during searches in which they 
``found'' drugs or weapons, and then forced individuals to sign witness 
statements. According to one NGO, approximately 80 percent of all 
detainees in pretrial detention were being held on charges of drug or 
illegal weapon possession.
    On January 9, police raided the home of Zaza Ambroladze, entering 
without a warrant and not allowing witnesses to the search. The police 
claimed to find an illegal automatic weapon and placed Ambroladze under 
3 months pretrial detention. This event sparked large street protests 
that were violently dispersed (see Section 2.b.). Several months later, 
the court sentenced Ambroladze to 2 years' imprisonment for illegal 
possession of arms. Ambroladze's lawyer's appealed the ruling to the 
regional appellate court.
    On August 2, police raided the office of independent newspaper 
Khalkhis Gazeti. No search warrant was presented and no one was allowed 
to witness the search. Police claimed to find drugs and detained the 
newspaper's editor Rezo Okruashvili, a critic of the Government. On 
August 4, Okruashvili was sentenced to 3 months pretrial detention. 
After signing a confession, Okruashvili was released pending trial. 
Okruashvili claimed he was beaten and forced to sign the confession and 
appealed the charge.
    Detainees had difficulty obtaining objective medical examinations 
in a timely manner, which made it difficult to establish the cause of 
injuries. Only a state-employed forensic medical examiner, which in 
most cases was an employee of the Ministry of Health's Judicial Medical 
Expert Center, could testify about injuries. Human rights advocates 
routinely criticized the state forensic examiners as biased in favor of 
the Prosecutor General and stated that permission for an independent 
forensic medical examination was rarely granted.
    Police often failed to inform detainees of their rights and denied 
them access to family members and lawyers. Some observers charged that 
police also conducted interrogations in apartments outside police 
stations to avoid registering detainees. While suspects officially were 
charged within 3 days of registration, observers claimed that police 
frequently delayed registering detainees for long periods in order to 
seek bribes or to allow time for injuries inflicted by the police to 
heal. Police reportedly approached suspects' families and offered to 
drop charges in exchange for a bribe. Correct legal procedures were 
observed more often when a detainee was charged and registered 
formally.
    The Criminal Procedure Code grants witnesses the right to legal 
counsel; however, this right was only occasionally observed in 
practice. It was common police practice to label detained suspects as 
``witnesses'' in order to deny them access to a lawyer. In January 
2003, the Constitutional Court ruled that 5 changes had to be made to 
the criminal code, including that detainees must have the right to a 
lawyer during the first 12 hours of detention, and that thereafter, the 
detainee must have at least 2 hours daily access to a lawyer. In 
October, Parliament passed an amendment to the Criminal Procedural Code 
allowing suspects access to a lawyer immediately upon detention. The 
other points of the Constitutional Court's ruling have not been 
implemented.
    The Constitution provides for a 9-month maximum period of pretrial 
detention, mandates court approval for detention over 72 hours, and 
imposes restrictions on the role of the prosecutor (see Section 1.e.). 
These provisions were often overlooked, and prosecutors continued to 
exert undue influence over criminal procedures.
    The Criminal Procedure Code calls for detainees to be charged 
within 72 hours. MOJ figures for the year showed that, for the Tbilisi 
pretrial detention center, only one detainee was registered in 
violation of the 72-hour deadline. The most serious incidents of police 
abuse occurred in the investigative phase of pretrial detention, when 
police interrogated suspects (see Section 1.c.).

    e. Denial of Fair Public Trial.--The Constitution provides for an 
independent judiciary; however, in practice, judicial authorities 
continued to experience pressure from the executive branch and powerful 
outside interests. The judiciary did not exercise full independence, 
and judicial impartiality was limited. Many NGOs complained that 
judicial authorities often acted as a rubber stamp for prosecutors' 
decisions and that the executive branch exerted undue influence. 
Investigators often planted or fabricated evidence and extorted 
confessions in direct violation of the Constitution. Judges were 
reluctant to exclude evidence obtained illegally if the Prosecutor 
General objected. Courts continued to convict on the strength of 
confessions that may have been extracted under torture. Bribery 
decreased as salaries for judges increased.
    President Saakashvili and other government officials often made 
public statements concerning the guilt of detained suspects in high-
profile corruption cases before a trial had commenced, thus exerting 
undue influence on impending court cases, as judges felt pressured to 
uphold the President's ``opinions.''
    The Council of Justice administered the three-tiered court system. 
The Council has 12 members, 4 selected from within each branch of 
government. To reduce incompetence and corruption, the law has 
established a three-part testing procedure for working and prospective 
judges administered by the Council. All judges, including Supreme Court 
judges, are required to take Council-administered exams. At the lowest 
level are district courts, which hear routine criminal and civil cases. 
At the next level are regional (city) courts of appeal, which serve as 
appellate courts for district courts. The regional courts also try 
major criminal and civil cases, review cases, and either confirm 
verdicts or return cases to the lower courts for retrial. The Supreme 
Court acts as a higher appellate court but is the court of first 
instance for capital crimes and appeals from the CEC. Regional managing 
judges continued to monitor the performance of lower courts throughout 
the country.
    A separate Constitutional Court arbitrates disputes between 
branches of Government and rules on individual human rights violation 
claims; it generally demonstrated judicial independence. The Court 
interpreted its function in human rights case narrowly, agreeing to 
rule only in cases in which human rights were violated as a result of 
specific articles of law. Furthermore, the Constitutional Court was 
significantly weaker than the Supreme Court, and its rulings were 
sometimes not enforced.
    The Constitution identifies the Prosecutor General's Office as part 
of the judicial system, and there were calls from legislators and 
others to move the Office into the executive branch. Court orders were 
rarely enforced.
    According to the Constitution, detainees are presumed innocent and 
have the right to a public trial. A detainee has the right to demand 
immediate access to a lawyer and the right to refuse to make a 
statement in the absence of counsel. Officers must inform detainees of 
their rights and notify their families of their location as soon as 
possible. However, these rights were not fully observed in practice. 
Authorities frequently did not permit detainees to notify their 
families of their location, and local police authorities limited 
lawyers' access to detainees. Lengthy trial delays were common. Defense 
counsel is not required to be present at pretrial hearings, and 
defendants and their attorneys regularly complained that they were not 
notified of scheduled hearings. The Criminal Procedures Code does not 
require the police to allow a lawyer to enter a police station unless 
hired by a detainee. Juries were used. Defendants have the right to 
appeal and to access evidence.
    Attorneys were assigned to defendants unable to afford legal 
counsel, upon the recommendation of the prosecutor's office by the 
Office of Legal Assistance, a part of the state-controlled Bar 
Association. In certain cases, defendants were pressured or coerced by 
prosecutors to accept a state-appointed attorney or other attorneys who 
did not vigorously defend their interests. However, in general 
individuals who could afford to pay were able to obtain the attorney of 
their choice in both criminal and civil cases. The prosecutor's office 
not only had control over state-appointed lawyers it also determined 
whether to grant a defendant's request to change lawyers. Several NGOs 
provided free legal services in Tbilisi for victims of human rights 
violations.
    Prosecutors continued to direct investigations, supervise some 
judicial functions, and represent the state in trials. They also 
continued to exert disproportionate influence over judicial decisions. 
The Criminal Procedure Code prohibits the judge who signed a warrant 
from hearing the case; however, this rule frequently was disregarded 
outside of Tbilisi, since few regions had more than one judge.
    International and local human rights organizations varied on 
estimates of how many political prisoners were in the country, 
reporting from 0 to 20. The Parliamentary Human Rights Committee and 
Ombudsman claimed that there were no official political prisoners in 
the country; however, many individuals, including members of the former 
paramilitary group ``Mkhedrioni,'' Zviadists (followers of the deceased 
former president Gamsakhurdia), and several high-ranking officials from 
the previous government, considered themselves political prisoners. 
According to human rights observers, some Zviadist prisoners never took 
up arms and should be considered political prisoners. In 2003, the 
Interim President appointed former Gamsakhurdia Minister of Finance 
Guram Absandze as Deputy State Minister charged with reviewing all 
cases against Zviadists, with the aim of releasing them. Over 20 of the 
group were released this year.
    In November 2003, the European Court of Human Rights (ECHR) in 
Strasbourg began reviewing the case of Tengiz Asanidze, who was 
pardoned by President Shevardnadze in 1999, but was still held in 
prison by the Ajaran government in contradiction to the central 
authorities. On April 8, the ECHR ruled that Asanidze should be 
released and fined the Georgian government approximately $202,500 
(150,000 euros) and an additional $6,750 (5,000 euros) for legal fees. 
In accordance with the ruling, Asanidze was released and paid.
    The Government permitted international human rights and domestic 
organizations to visit political prisoners, and some organizations did 
so during the year.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The Constitution prohibits such actions without court 
approval or legal necessity; however, in practice, the Government 
occasionally monitored private telephone conversations without 
obtaining court orders. The Government stated that security police and 
tax authorities entered homes and workplaces without prior legal 
sanction. In contrast to last year, traffic police no longer stopped 
and searched vehicles for bribes.

    g. Use of Excessive Force and Violations of Humanitarian Law in 
Internal Conflicts.--Internal conflicts in Abkhazia and South Ossetia 
remained unresolved. Cease-fires were in effect, and Commonwealth of 
Independent States (CIS) and joint peacekeeping forces, respectively, 
were present in both areas, although sporadic incidents of violence 
occurred in Abkhazia, in the neighboring Georgian region of Samegrelo, 
and in South Ossetia. These conflicts and the problems associated with 
the current numbers of approximately 230,000 IDPs from Abkhazia, 12,200 
from South Ossetia, and 2,600 refugees from Chechnya posed a continued 
threat to national stability. In 1993, Abkhaz separatists won control 
of Abkhazia, and most ethnic Georgians were expelled from or fled the 
region. A Russian peacekeeping force has also been in South Ossetia 
since 1992 as part of a joint peacekeeping force with Ossetians and 
Georgians. The Government had no effective control over Abkhazia or 
South Ossetia during the year. In July and August, a flare-up in the 
Ossetian conflict caused 17 MIA and MOD casualties and an unknown 
number of deaths on the Ossetian side. The conflict deescalated before 
year's end.
    There was limited information on the human rights situation in 
Abkhazia and South Ossetia due to limited access to these regions. The 
U.N. Human Rights Committee (UNHRC) Office in Abkhazia reported 
continuing modest improvements in the human rights situation. However, 
systemic problems in the criminal justice system, in particular the 
failure to conduct impartial investigations and to bring alleged 
perpetrators to trial, sustained a climate of impunity. Limited access 
to qualified legal counsel aggravated the situation. The Parliamentary 
Human Rights Office remained concerned at the length of pretrial 
detentions and violations of due process in individual cases. Since 
2002, an independent legal aid office in the Gali district of Abkhazia 
provided free legal advice to the population.
    A Human Rights Commission established by the nonrecognized 
government of South Ossetia continued to operate. The South Ossetian 
Human Rights Commission worked in close collaboration with the 
Commission for Human Rights in the Autonomous Republic of North Ossetia 
in the Russian Federation and the representative of the President of 
the Russian Federation for Human Rights.
    In October, two Ossetian members of the Joint Peacekeeping Forces 
were shot by partisans.
    NGOs reported a deterioration in the human rights situation in the 
autonomous region of Ajara under the region's President, Aslan 
Abashidze. In May, following public protests of Abashidze's attempt to 
manipulate parliamentary elections and tense negotiations with Tbilisi, 
Abashidze fled for Moscow in May, which led to the restoration of Ajara 
to central Government control and a decline in human rights abuses, 
particularly concerning the press and freedom of association.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The Constitution provides for 
freedom of speech and of the press; however, there were some incidents 
of government obstruction. Journalists were able to publish wide-
ranging and extremely critical views of officials and their conduct; 
however, criticism of the Government in the media decreased during the 
year due to increased self-censorship. A law on broadcasting was passed 
in December converting the State television channel, Channel 1, into a 
public television channel. The law allows the new channel state funding 
for one more year, as well as commercial funding. Competitors 
complained that their lack of analogous state funding during this 
period would put them at a disadvantage.
    There were approximately 200 independent newspapers in circulation. 
After the November 2003 ``Rose Revolution,'' the Government privatized 
the previously state-owned news agency Sakinfo. The press frequently 
criticized senior government officials; however, few editorially 
independent newspapers were commercially viable. Typically, newspapers 
were subsidized by and subject to the influence of patrons in politics 
and business. Several newspapers were reputable sources of information, 
although lack of financial resources limited their circulation.
    Following privatizations during the year, there were seven 
independent television stations in Tbilisi, three with national 
coverage--Channel 1, Rustavi-2, and Imedi. An international NGO 
estimated that there were more than 45 regional television stations 
outside of Tbilisi, 17 of which offered daily news. While these 
stations ostensibly were independent, a lack of advertising revenue 
often forced them to depend on local government officials for support; 
however, some regions, such as Samtskhe-Javakheti and Kutaisi, had 
relatively independent media. After the resignation of Aslan Abashidze, 
former President of the autonomous region of Ajara, the region ceased 
jamming the national television stations. There were two independent 
newspapers in Ajara, and Ajara also received the national independent 
newspaper 24 hours.
    While there were no physical attacks on media representatives 
during year, state tax authorities occasionally harassed independent 
newspapers and television stations. Journalists stated that they were 
vulnerable to pressure from authorities, as well as from business and 
societal elements. Media outlets complained that commercial firms 
refused to advertise on certain channels critical of the Government for 
fear of losing the Government's favor.
    Compared to 2003, physical harassment of the media decreased, 
although self-censorship increased, likely due to a desire to please 
the new government. There were some reports of legal harassment of 
media outlets by the financial police.
    Although most journalists had regular access to government 
officials and agencies, a few government officials denied journalists 
access to public briefings. For example, the Minister of Interior 
temporarily blocked the television station Kavkasia access to the 
Ministry and to his public briefings. The mayor of Poti prohibited 
television cameras from public briefings and effectively blocked 
interviews of local government officials. In December, the mayor of 
Poti was arrested on unrelated charges. The Government also used 
financial pressures to influence media outlets and sometimes sent 
financial tax investigators to investigate critical journals.
    In February, on the eve of parliamentary discussions of 
constitutional amendments proposed by the President (see section 1.e.), 
three of the most popular nightly political talk shows were temporarily 
canceled, reportedly due to ``reformatting.'' Commentators reported 
government officials exerted pressure on the channels to cancel 
programming.
    Early in the year, Iberia TV ceased news operations following a 
high-profile raid on the station by the General Prosecutor's office, 
which raided all subsidiary media and nonmedia businesses owned by the 
parent company, Omega Group. The Prosecutor's office cited financial 
fraud as grounds for the raid. Omega Group's owner, then Member of 
Parliament Zaza Okuashvili, who allegedly had close ties to Aslan 
Abashidze, fled the country. Omega Group's other media operations, 
Media News Agency, the newspaper Akhali Epoka, Omega magazine, and a 
printing house went out of business.
    During the March parliamentary elections, in Ajara, the regional 
government under Aslan Abashidze did not allow opposition candidates 
media access or television time. Opposition gatherings were also 
violently suppressed or attacked, and opposition offices were 
ransacked. On March 5, unidentified men in masks beat reporter Vakhtang 
Komakhidze at a border checkpoint and confiscated his tapes, camera and 
notes. Komakhidze was later hospitalized for several weeks (see Section 
3).
    On July 15, the Government passed a new law on defamation, which 
states comments made in Parliament, court cases, and during political 
debates can no longer be considered libel. The law also moves the 
burden of proof to the accuser, and places entire companies, rather 
than individual reporters, as defendants in a court case. In practice, 
the Government did not use libel laws to inhibit journalism during the 
year.
    In July 2003, head of the Georgian Railway Akaki Chkhaidze won a 
libel suit against independent television station Rustavi-2 for 
information broadcast on a program linking him to bribery scandals. The 
station was ordered to pay $480,000 (1 million GEL) in moral damages. 
The station appealed the decision to the Supreme Court and the fine was 
reduced to $50,000 (104,166 GEL).
    Stations desiring benefits and better working relations with 
authorities practiced increased self-censorship. In November, a dispute 
broke out between the Georgian Orthodox Church (GOC) Patriarchate and 
reformist seminary students and priests. Media coverage was initially 
intense. In October, in a press conference, President Saakashvili 
called on the media to be more responsible in their coverage of this 
dispute. Immediately, all reporting on this dispute disappeared. 
However, no direct government harassment was reported.
    The Government did not restrict access to the Internet. The 
Government did not restrict academic freedom.
    Media in the separatist regions of South Ossetia and Abkhazia 
remained tightly restricted by their respective de facto governments.

    b. Freedom of Peaceful Assembly and Association.--The Constitution 
provides for freedom of assembly; however, both the Government and 
local authorities restricted this right in practice. The Government 
dispersed several peaceful demonstrations and arrested participants for 
disrupting the peace.
    The law requires political parties and other organizations to give 
prior notice and obtain permission from local authorities to assemble 
on a public thoroughfare. Most permits for assemblies were granted 
without arbitrary restriction or discrimination; however, according to 
the law, the Government has the right to disperse any assembly that is 
``a disruption of the public order.'' No mechanism is designated to 
determine what constitutes a disruption of the public order. As a 
result, in contrast with previous years, the police often used this 
imprecision to justify violently dispersing several peaceful protests.
    On January 11, protestors blocked the Tbilisi-Kutaisi highway to 
protest the detention of Zaza Ambroladze (see section 1.d.). Police 
violently dispersed the protest and pursued demonstrators into the 
forest, kicking them and beating them with clubs before apprehending 
them. Seven demonstrators were sentenced to 3 months pretrial detention 
for disrupting the public order. At year's end, these activists 
remained in detention and no trials had begun.
    On July 1, riot police violently broke up a peaceful protest in 
front of Tbilisi City Hall, beating the 40 to 50 earthquake victims who 
were on a hunger strike due to the lack of funding for house 
reconstructions.
    On September 2, 500 riot police violently dispersed a peaceful 
protest in the Batumi central market protesting the removal of the 
market to a new location. Riot police beat and kicked several 
participants, including M.P. Koba Davitashvili, then loaded 
participants into vans; 11 participants were charged and placed in 3 
month pretrial detention for disrupting the public order. All 11 
remained in detention awaiting trail at year's end.
    The Constitution provides for freedom of association, and the 
Government generally respected this right in practice. Authorities 
granted permits for registration of associations without arbitrary 
restriction or discrimination.

    c. Freedom of Religion.--The Constitution provides for freedom of 
religion; however, in practice, local authorities sometimes restricted 
the rights of members of nontraditional religious minority groups. 
There were fewer reports of violence against minority religious groups 
this year, but several groups continued to report intimidation by local 
authorities.
    The Constitution recognizes the special role of the GOC in the 
country's history but stipulates the separation of church and state. A 
constitutional agreement (Concordat) signed by the President and the 
Georgian Orthodox Patriarch gives the GOC legal status and states that, 
with the consent of the GOC, the Government can issue permits or 
licenses for the use of official symbols and terminology of the GOC, as 
well as for the production, import, and distribution of worship 
articles. The tax code grants tax exemptions only for the GOC. Although 
several churches signed formal documents with the Orthodox Patriarchate 
agreeing to the Concordat, they noted that a controversial article 
allowing GOC authority over construction, as well as restitution 
issues, was not in the original agreed-upon document.
    Some nationalist politicians continued to use the issue of the 
supremacy of the GOC in their platforms and criticized some Protestant 
groups, particularly evangelical groups, as subversive. Jehovah's 
Witnesses in particular were the targets of vocal attacks from such 
politicians.
    There are no laws regarding the registration of religious 
organizations. The GOC remained the only religion with legal status in 
the country, although some religions registered affiliated NGOs. This 
lack of legal status prevented religions from renting or registering 
property; many groups registered property under an individual or 
affiliated NGO, although this complicated ownership issues and exposed 
individuals to personal liability. The new Government has not addressed 
a previous draft law to allow for registration or proposed other 
changes. Unregistered religious groups are not officially permitted to 
rent office space, acquire construction rights, import literature, or 
represent the international church, although many religious groups 
accomplished these goals through their locally registered NGOs. 
Unregistered religious groups were also subject to an administrative 
fine.
    In late 2003, the new Government allowed the registration of the 
Jehovah's Witnesses NGO The Watchtower Bible Society. Jehovah's Witness 
Groups reported that since then, unlike in previous years, there has 
been no violent persecution and they have had no difficulties in 
importing their literature.
    While less harassment was reported during the year, minority 
religions continued to report intimidation from local government 
authorities and obstructions to constructing worship halls. The 
Catholic Church, True Orthodox Church, Baptists, Armenian Apostolic 
Church, and Protestant denominations had difficulty in building 
churches during the year.
    The Roman Catholic Church and the Armenian Apostolic Church were 
unable to secure the return of churches closed or given to the GOC 
during the Soviet period. The Jewish community also experienced delays 
in the return of property confiscated during Soviet rule, including a 
former synagogue that a 2001 Supreme Court ruling instructed the 
Government to return.
    The Ministry of Education requires all 4th grade students to take a 
``Religion and Culture'' class, which covers the history of major 
religions. Many parents complained of teachers focusing solely on the 
Georgian Orthodox Church. The Church has a consultative role in all 
curriculum development.
    Regular and reliable information regarding separatist-controlled 
regions, including South Ossetia, was difficult to obtain. An Abkhaz 
presidential decree bans Jehovah's Witnesses. A number of members of 
Jehovah's Witnesses were detained in the last few years; however, 
according to a representative of Jehovah's Witnesses, none were 
detained during the year.
    Despite a general tolerance toward minority religious groups 
traditional to the country--including Catholics, Armenian Apostolic 
Christians, Jews, and Muslims--citizens remained very apprehensive 
towards Protestants and other nontraditional religions, which were seen 
as taking advantage of the populace's economic hardships by gaining 
membership by providing economic assistance to converts. Some members 
of the GOC and the public viewed non-Orthodox religious groups, 
particularly nontraditional groups or sects, as a threat to the 
national Church and the country's cultural values and argued that 
foreign Christian missionaries should confine their activities to non-
Christian areas. Reputable and repeated public opinion polls indicated 
that a majority of citizens believed minority or nontraditional 
religious groups were detrimental to the state and that prohibition and 
outright violence against such groups would be acceptable to limit 
them.
    Since 2000, the Government has prosecuted a criminal case against 
Father Basili Mkalavishvili, an Orthodox priest, whose followers 
engaged in a number of violent attacks on nontraditional religious 
minorities; however, the investigation has proceeded very slowly. In 
2003, Father Mkalavishvili's case was suspended due the Government's 
inability to keep order in the court, and Father Mkalavishvili went 
into hiding. In March, riot police stormed the church where Father 
Mkalavishvili was hiding out, arrested him and several of his 
supporters, and placed them in 3-month pretrial detention. Father 
Mkalavishvili's trial began on September 13 and was ongoing at year's 
end. Though his arrest was welcomed, many NGOs criticized the excessive 
force used to apprehend him.
    Unlike in previous years, there were no violent attacks against 
nontraditional religious minorities by Basilists.
    In June 2003, an ultra-Orthodox mob blocked the streets in front of 
a Pentecostal minister's house where services were being conducted and 
refused to let parishioners through. Church members were threatened 
with violence. Police were present but did not allow the parishioners 
to enter the street. At year's end, the Pentecostal group still had not 
been allowed access to this meeting house. The same Pentecostal group 
filed a suit in the Constitutional Court, complaining that they were 
denied legal registration as a religious group in contradiction with 
the Constitution, in which freedom of religion is guaranteed.
    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. 
Freedom of movement was restricted in the separatist regions of 
Abkhazia and South Ossetia. The de facto governments of Abkhazia and 
South Ossetia did not allow their citizens to exit their respective 
regions and their internal movement was also often obstructed by police 
checkpoints. Many who did enter other parts of the country were denied 
reentry into the separatist regions. Ethnic Mingrelians living in the 
Gali region of Abkhazia were allowed movement throughout the rest of 
the country, but were not allowed in other parts of Abkhazia.
    The law prohibits forced exile, and the Government did not employ 
it.
    Following a 1999 presidential decree to repatriate and rehabilitate 
approximately 275,000 Meskhetian Turks relocated during the Soviet 
period, there has been no additional legislation to allow for 
repatriation of Meskhetian Turks. There was some official and public 
opposition to their repatriation. There were 643 Meskhetians living in 
the country, most of whom had citizenship. There were no repatriations 
during the year.
    There were approximately 244,800 persons displaced at years end, 
due to conflicts in the separatists regions of Abkhazia and South 
Ossetia, as well as hostilities in Chechnya. IDPs occupied hotels, 
hospitals, and other civil buildings in Tbilisi, or lived in private 
homes with relatives or friends throughout the country, particularly 
concentrated in Tbilisi, Zugdidi, and Gori.
    The 1994 agreement between Russia, Georgia, Abkhazia, and the U.N. 
High Commissioner for Refugees (UNHCR) on repatriation in Abkhazia 
called for the free, safe, and dignified return of the approximately 
230,000 IDPs and refugees driven from Abkhazia to Tbilisi and the 
western part of the country. The Abkhaz separatist regime prevented 
such repatriation and unilaterally abrogated the agreement. In 1999, 
the Abkhaz separatist regime unilaterally invited IDPs to return to 
Gali but did not adequately ensure their safety. The move did not 
significantly affect IDPs, who continued to travel back and forth to 
the area to tend their property. As many as 40,000 persons were 
estimated to be living in Gali on a more or less permanent basis, 
depending on the security situation.
    The 1992 ethnic conflict in South Ossetia also created tens of 
thousands of IDPs and refugees. In 1997, the UNHCR began a program to 
return IDPs and refugees; however, both sides created obstacles that 
slowed the return. During the year, the South Ossetian separatists 
continued to obstruct the repatriation of ethnic Georgians to South 
Ossetia, although some families returned. Meanwhile, South Ossetia 
continued to press for the return of all Ossetian refugees to South 
Ossetia rather than to their original homes in other regions of the 
country. The Government recognized the right of Ossetian refugees to 
return to their homes but was unable to facilitate returns, due to its 
limited authority in South Ossetia. Government opposition to the return 
of illegally occupied homes has prevented the return of Ossetian 
refugees to Georgia proper. Approximately 2,700 persons were reported 
to be still dislocated from recent hostilities at year's end.
    The Government inconsistently paid stipends to IDPs of 
approximately $7 (14 GEL) per person per month and subsidized some 
monthly allocations of electricity. Subsidies were paid more frequently 
in Tbilisi than elsewhere in the country. IDPs also were not afforded 
the right to vote in local elections (see Section 3).
    During the year, approximately 1,000 IDPs housed in Tbilisi hotels 
were effectively ``bought out'' through the Government's privatization 
of the hotels. IDPs received $7,000 (14,000 GEL) by the private 
investors to move elsewhere, which the Government maintained was 
adequate compensation. IDPs who accepted the buy out maintained their 
refugee status and government stipends, but lost their right to a place 
in a collective center (shelter). Absent a likely imminent return to 
their homes and a coordinated government IDP policy, observers 
interpreted this status as temporary assimilation.
    The law provides for the granting of asylum and refugee status in 
accordance with the 1951 U.N. Convention Relating to the Status of 
Refugees 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 
cooperated with the office of the UNHCR and other humanitarian 
organizations in assisting refugees and asylum seeks. During the year, 
the Government processed approximately 4,000 refugee cases and granted 
refugee status to approximately 2,500.
    The Ministry for Refugees and Accommodation was responsible for the 
screening and registration of refugees and new arrivals. Since the 
outbreak of hostilities in Chechnya, the Government has admitted an 
estimated 4,000 to 5,000 refugees from the conflict. Since then, many 
have returned or resettled. There are currently 2,500 registered 
refugees from Chechnya in the country. Chechen refugees settled in the 
Pankisi Valley in the eastern part of the country. International 
humanitarian organizations assistance to refugees in the Pankisi Valley 
was sporadic. During the year, approximately 2,500 Chechen refugees 
were living in the Pankisi Valley and 35 in Tbilisi. The majority of 
the Chechen refugees lived with the local Kist population; only 15 
percent were sheltered in communal centers.
    Chechen refugees remained vulnerable to abuse, including police 
harassment and threats of refoulement.
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 through periodic 
elections, held on the basis of universal suffrage; however, poor 
organization by authorities, inaccurate voter registers, and lack of 
transparency in vote counting and tabulation and other flaws marred 
elections over the past three years. The irregularities in the November 
2003 parliamentary elections led to peaceful mass protests, which 
resulted in President Shevardnadze's resignation in November 2003 and 
the assumption of the post of Interim President by Parliament Speaker 
Nino Burjanadze. The Supreme Court subsequently annulled the results of 
the November 2003 parliamentary contests. In January, Mikheil 
Saakashvili was elected President in the constitutionally mandated 
presidential election. Repeat parliamentary elections were held on 
March 7. President Saakashvili's National Movement Party won 133 of the 
150 proportional seats. The only other party to win proportional seats 
was the New Rightists, headed by David Gamkrelidze, who won 17 seats.
    On February 6, Parliament passed a series of constitutional 
amendments that strengthened the power of the executive relative to the 
Parliament and judiciary. According to international observers and 
civil society groups, both the amendments themselves and the manner in 
which they were adopted were problematic. Authorities ignored the 
constitutional provision for a 1-month debate period prior to adoption. 
NGOs criticized that the amendments increased the powers of the 
president at the expense of the Parliament and of judges. The 
amendments gave the president power to dismiss Parliament if it fails 
to approve the state budget, or the appointment of the prime minister 
or other ministers or in times of crisis. In addition, Parliament must 
accept or reject the budget in its entirety and does not have power to 
change separate line items in the budget.
    The OSCE's Office for Democratic Institutions and Human Rights 
(ODIHR) reported that the January presidential election demonstrated 
notable progress, although it also noted that time constraints limited 
administrative improvements to previous elections. ODIHR noted a 
continued lack of separation between state administration and political 
party structures and the tendency to misuse state administration 
resources. The voter register also continued to be incomplete and 
sometimes inaccurate. There was also notable political imbalance in the 
election administration at all levels and election commissions 
displayed a lack of impartiality. The National Movement and Democrat 
Parties (the allied parties of Saakashvili and Burjanadze, 
respectively) selected 10 out of 15 members of the Central Election 
Commission (CEC). Both parties provided regional election committees 
with material resources and campaign literature. While the OSCE 
reported the voting process itself as excellent in the majority of 
regions, there were significant irregularities in Kvemo Kartli, the 
southernmost region of the country, bordering Azerbaijan and Armenia, 
where vote count and tabulation violations and ballot stuffing were 
reported.
    The worst irregularities were recorded in Ajara, where no pre-
election registration was conducted and little to no campaigning 
occurred. Regional authorities maintained until late 2003 that 
elections would not take place on their territory, as they believed 
annulling the November 2003 election was illegitimate. In December 
2003, unknown men physically assaulted a student leader active in a 
pro-election Public Committee. Journalists were prevented entry into 
Ajara, and authorities blocked transmission of television supporting 
the new Government. The election did take place; however, turnout was 
low. After the election, several civil activists and their relatives 
were detained.
    International observers deemed the March parliamentary elections 
the most democratic since independence, with voter registration 
procedures further improved, including the addition of a consolidated 
computerized database; however, there continued to be a lack of 
political balance and independence in election commissions. During the 
election, international observers noticed a number of irregularities, 
including campaign material on display in several polling stations, 
implausible voter turnout (over 100 percent) in certain regions, and an 
unusually high percentage of invalid votes. Significant voting 
irregularities again took place in Kvemo Kartli, including ballot 
stuffing and proxy voting.
    Ajara remained the largest problem in the parliamentary elections. 
Then Ajara President Abashidze initially threatened to prevent the 
region from participating in Georgia's national parliamentary 
elections, voter registration information was inaccurate, and officials 
refused to cooperated with officials of the CEC. NGOs reported that 
violence against the opposition was higher than in previous elections. 
Opposition gatherings were violently suppressed or attacked, opposition 
offices were ransacked, and no television time was given to opposition 
parties. On March 5, unidentified men in masks beat reporter Vakhtang 
Komakhidze at a border checkpoint and confiscated his tapes, camera, 
and notes. Komakhidze was later hospitalized for several weeks. Such 
abuse reportedly prompted large-scale demonstrations, which were linked 
to Abashidze's ouster in May.
    The separatist governments of Abkhazia and South Ossetia held 
periodic elections. International organizations, including the U.N. and 
the OSCE, as well as the Government did not recognize the Abkhaz 
presidential elections held in October. In 2001, the unrecognized 
separatist government held presidential elections in South Ossetia, 
resulting in the defeat of the incumbent and a peaceful transfer of 
power.
    Local elections, held on June 2, were the first elections to be 
conducted under a new election code, which significantly tightened 
election rules to prevent fraud. International observers noted that 
although the election process was chaotic, with numerous errors in 
voter lists, the elections were not seriously hampered by fraud. 
Election results mirrored polling data running up to the election.
    There were no government restrictions on political party formation 
beyond registration requirements; there were 20 registered political 
parties, a vast reduction from the previous year due in part to the 
vast popularity of President Saakashvili's National Movement Party.
    Government corruption decreased significantly in the executive 
branch, but remains widespread in the judicial branch and in some law 
enforcement agencies. During the year, as opposed to previous years, 
most government officials received salaries in a timely manner, 
reducing corruption significantly. In February, Parliament passed an 
anticorruption bill that introduced major changes to the criminal and 
criminal procedure codes. The new legislation allowed the Prosecutor's 
Office greater flexibility in charging officials with criminal bribery, 
cancelled immunity for law enforcement agency officials, authorized in 
absentia proceedings against officials who fail to appear in court, and 
introduces the use of plea-bargaining, as well of undercover recordings 
made by journalists in trials.
    In October, the Parliament adopted a new Code of Conduct, which 
established ethical norms to govern Parliamentarians in an effort to 
strengthen public accountability and provided a set of benchmarks for 
the public to measure their elected representatives' performance.
    The Office of the Anticorruption Bureau was closed and its 
materials were transferred to a new office with the NSC, which 
investigated fraud, waste, and abuse.
    The Government instigated several high profile arrests of former 
government officials on corruption charges, though NGOs claimed that 
arrest and interrogation methods compromised government dedication to 
the rule of law and due process (see Section 1.d.). Observers also 
criticized the Government for using harsh detention conditions as a 
form of pressure and a negotiating tool in these cases, often to 
extract payment.
    The law provides for public access to government meetings and 
documents; however, few citizens or journalists employed it. The 
Government often failed to register freedom of information act 
requests, and although the law states that a public agency shall 
release public information immediately or no later than 10 days, the 
release of requested information could be delayed indefinitely and was 
sometimes ignored. A requesting party has no grounds for appeal.
    There were 22 women in the 235-seat Parliament. Female Speaker of 
Parliament, Nino Burjanadze, served as Interim President from November 
2003 until presidential elections in January, when she returned to 
Parliament as Speaker. The majority head of Parliament was also a 
woman, and women held important committee chairmanships and ministerial 
posts.
    There were 8 members of minority groups (5 Armenians and 3 Azeris) 
in the 235-seat Parliament.
    During the March parliamentary elections, the CEC provided ballots, 
manuals, and voter education materials in Azeri, Armenian, and Russian 
in areas with a concentration of national minorities. Training of 
election commissions was provided in minority languages as well; 
however, in some instances, training in Azeri-populated areas was 
conducted in Russian, and commission members reportedly had 
difficulties. Generally, national minorities were underrepresented on 
election commissions, even in areas where they were the majority 
population.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigations of Alleged Violations of Human 
        Rights
    A number of domestic and international human rights groups 
generally operated without government restriction, investigating and 
publishing their findings on human rights cases. While some NGOs 
enjoyed free access and close cooperation with the Government, others 
complained of discrimination from government members.
    Unlike in the previous year, no NGO members were arrested while 
observing elections.
    An investigation of a 2002 attack on the Liberty Institute, the 
country's leading human rights organization, remained ongoing.
    The law provides for the Ministry of Finance to access the funding 
records of international NGOs, alarming some in the NGO community; 
however, no NGOs complained of the Government using this provision in 
practice.
    The UNHRC and the OSCE Mission's joint human rights office in 
Abkhazia operated sporadically due to security conditions but provided 
periodic findings, reports, and recommendations.
    NGOs viewed the Office of the Public Defender, or Ombudsman, as the 
most objective of the Government's human rights bodies. The 
constitutionally mandated office monitored human rights conditions and 
investigated allegations of abuses. The position remained vacant for 
most of the year, until September. The Parliamentary Committee on Human 
Rights and Civil Integration, as well as the National Security 
Council's human rights advisor, also had the mandate to investigate 
claims of abuse. The Prosecutor General Office's human rights unit 
focused on curbing pretrial detention abuses and trafficking in 
persons. This position was abolished early in the year and then 
reestablished in August. The Government maintained a constructive 
relationship with several NGOs, although it restricted government 
access to some who had fallen out of the Government's favor.
    The NGO Former Political Prisoners for Human Rights was denied 
access to detention facilities, a right it enjoyed under the previous 
government. In December, informational commercials on police torture 
prepared by Former Political Prisoners for Human Rights were pulled 
from all television channels. Channel representatives claim that the 
advertisements were pulled on the order of the Ministry of Security. 
The Ministry claimed it merely gave a recommendation and left the 
choice to the channels.
Section 5. Discrimination, Societal Abuse, and Trafficking in Persons
    The Constitution recognizes that all citizens are to be considered 
equal before the law, regardless of race; color; language; sex; 
religion; political and other opinions; national, ethnic, and social 
belonging; origin; property and title; and place of residence; however, 
in practice, discrimination was a problem.

    Women.--Societal violence against women was a problem. There are no 
laws that specifically criminalize spousal abuse or violence against 
women, although the Criminal Code classifies rape, including spousal 
rape, and sexual coercion as crimes. In 2003, 795 crimes were 
registered against women, including 18 murders, 24 attempted murders, 
52 rapes, and 41 attempted rapes; the remainder consisted of battery, 
assault and lesser crimes. Domestic violence was reportedly one of the 
leading causes of divorce but was rarely reported or punished because 
of social taboos and because it is not illegal according to the 
Criminal Procedural Code. Police did not always investigate reports of 
rape. A local NGO operated a shelter for abused women, and the 
Government operated a hotline for abused women but did not provide 
other services.
    The kidnapping of women for marriage occurred, particularly in 
rural areas, although the practice continued to decline. Such 
kidnappings often were arranged elopements; however, at times 
abductions occurred against the will of the intended bride and 
sometimes involved rape. Police rarely took actions in these cases even 
though the Criminal Code criminalizes kidnapping.
    Prostitution is not a criminal offense. Prostitution was 
widespread, especially in the capital of Tbilisi. Several NGOs claimed 
that prostitution increased during the year, due to continuing poor 
economic conditions. Trafficking in women for the purpose of sexual 
exploitation was a problem (see Section 5, Trafficking).
    Sexual harassment and violence against women in the workplace was a 
problem. The law prohibits sexual harassment in the workplace; however, 
it was rarely investigated.
    The Constitution provides for the equality of men and women; 
however, in practice, this was not enforced. Women's access to the 
labor market had improved; however, overall women remained primarily 
confined to low-paying and low-skilled positions, regardless of 
professional and academic qualifications. As a result, many women 
sought employment abroad. Salaries for women continued to lag behind 
those of men. According to the U.N. Development Program (UNDP), 
employers frequently withheld benefits connected to pregnancy and 
childbirth.
    A number of NGOs promoted women's rights, including the women's 
group of the Georgian Young Lawyers' Association, the Women's Center, 
and Women for Democracy. Women's NGOs took an active role in the 
presidential and partial parliamentary elections during the year, 
engaging candidates on issues of concern.

    Children.--The law provides for the protection of children's rights 
and welfare; however, funding shortages limited government services. 
Primary and basic education is compulsory from age 6 or 7 to age 14, 
and provided up to age 16. Education was officially free through high 
school, and most children attended school; however, in some places 
schools did not function or functioned sporadically because teachers 
were not paid and facilities were inadequate, particularly in winter 
when some schools could not afford to heat buildings. Many schools 
lacked libraries or blackboards. Many parents were unable to afford 
books and school supplies, and most parents were obliged to pay some 
form of tuition or teachers' salaries; in some cases, students were 
forced to drop out due to an inability or unwillingness to pay. Bribery 
was endemic in the education system to ensure acceptances, 
recommendations, and good grades. Attendance in 2002 was assumed to be 
about 90 percent.
    Free health care was available only for children over age 3.
    There were some reports of abuse of children, particularly street 
children, although there was no societal pattern of such abuse.
    Incidents of sexual exploitation of children were reported, 
especially among girls. Child prostitution and pornography are 
punishable by imprisonment for up to 3 years. There were unconfirmed 
reports of trafficking in children (see Section 5, Trafficking), street 
children and children living in orphanages were allegedly particularly 
vulnerable. The Ministry of Internal Affairs sponsored a Center for the 
Rehabilitation of Minors, which regularly provided medical and 
psychological assistance to child and adolescent victims of 
prostitution before returning them to guardians.
    Difficult economic conditions broke up some families and increased 
the number of street children. A local NGO estimated that there were 
approximately 1,500 street children in the country, with 1,200 
concentrated in Tbilisi, due to the inability of orphanages and the 
Government to provide support. The private voluntary organization Child 
and Environment and the Ministry of Education each operated a shelter; 
however, the two shelters could accommodate only a small number of 
street children. No facilities existed outside of Tbilisi. The 
Government took little other action to assist street children.
    There were no confirmed reports of police violence against street 
children this year.
    Orphanages were unable to provide adequate food, clothing, 
education, and medical care; facilities lacked heat, water, and 
electricity. The staff was paid poorly, and wages were many months in 
arrears. Staff members often diverted money and supplies provided to 
the orphanages for personal use. The Government offered education 
grants and tutoring, including the option of enrolling in military 
school, to some children who left orphanages.

    Trafficking in Persons.--The law prohibits trafficking in persons; 
however, the country was a source, transit point, and destination for 
trafficked persons.
    The Criminal Code prohibits trafficking in persons, including 
minors, for the purposes of sexual, labor, and other forms of 
exploitation. The basic penalty is from 5 to 12 years' imprisonment, 
with maximum penalties of 20 years for aggravated circumstances. A 
memorandum of understanding between the Prosecutor General's Office and 
the Ministry of State Security led to greater cooperation, joint 
operations, and a number of arrests and charges under trafficking 
statutes. No convictions had been reached by year's end. In December, a 
new Plan of Action was adopted by Presidential Decree that established 
an ad hoc Interagency Commission against Trafficking under the auspices 
of the National Security Council of the country. The human rights unit 
of the NSC remained the government-wide antitrafficking point of 
contact.
    The Government dissolved an MIA antitrafficking unit, which 
received foreign funding, and merged it with the antikidnapping unit, 
claiming it would give the unit more ability to coordinate casework and 
exchange information with investigators. In October, the MIA 
antitrafficking unit was reestablished with two branches, one in 
Tbilisi and one in Batumi. Following the December merger of the MIA and 
MSS, a Department of Special Operations on Trafficking and Illegal 
Migration with a staff of 50 was being established within the new 
Ministry of Police and Public Safety.
    The country cooperated with other regional countries to uncover 
trafficking rings and assisted in the repatriation of trafficked 
persons discovered in transit through the country.
    On June 22, Georgian police took 14 Uzbek women into custody who 
were being trafficked to Dubai. Through the assistance of the acting 
Ombudsman, the women were temporarily housed in an NGO facility, then 
an empty police shelter for children; 12 of the victims were 
repatriated and 2 remained in the shelter due to fraudulent documents, 
until they escaped 2 months later. All 14 were eventually repatriated. 
Ashot Hovhannesian, a citizen, was charged with organizing the human 
trafficking network and sentenced to 3 months pretrial detention. 
Tbilisi local police handled the case exclusively. Police investigators 
did not have victims sign the intelligence oath necessary for 
testimonies to be used in court. At year's end, the case was still 
pending.
    Women were trafficked from the country to Turkey, Israel, United 
Arab Emirates, the United States, and Western Europe to work in bars, 
restaurants, or as domestic help. Many worked in the adult 
entertainment sector or as prostitutes. There also was evidence that 
Russian, Ukrainian, and Central Asian women were trafficked through the 
country to Turkey, sometimes using fraudulently obtained passports. 
Georgian victims most likely come directly from the impoverished former 
industrial centers of Poti, Kutaisi, Rustavi, and Tbilisi. Local NGOs 
report that men were trafficked to Russia, Greece, Spain, Portugal, and 
other destinations to work in construction and manual labor. There were 
unconfirmed reports of trafficking in children, street children and 
children living in orphanages were allegedly particularly vulnerable.
    Jobs abroad offered through tourism firms or employment agencies 
often lured victims. Many of the women working in the adult 
entertainment sector as prostitutes were informed, or led to believe, 
that they would be employed as waitresses in bars and restaurants or as 
domestic help.
    There were no government programs to help victims; however, several 
NGOs provided assistance to victims. One internationally funded NGO 
operated a trafficking hotline that offered psychological support and 
assistance, though only a small percentage of the callers identified 
themselves as victims of trafficking. The Government conducted some 
antitrafficking training for police in the regions and maintained an 
OSCE-funded working group with the NGO community to draft the new Plan 
of Action and additional legislation including protections for victims' 
rights.
    The Ministry of State Security instituted and adhered to a policy 
protecting the identity of victims and made numerous public statements 
that victims of trafficking would not be held liable for their crimes 
associated with having been trafficked, such as illegal border 
crossing, if they provided significant information about the crime of 
trafficking.
    The Government did not conduct any public awareness campaigns 
during the year, although multiple NGOs continued informational 
brochures and local television public announcement campaigns.

    Persons With Disabilities.--Discrimination against persons with 
disabilities in employment, education, access to health care, or in the 
provision of other state services was a problem. There is no law or 
official provision mandating access to buildings for persons with 
disabilities and very few, if any, public facilities or buildings were 
accessible. The law mandates that the Government ensure appropriate 
conditions for persons with disabilities to freely use the social 
infrastructure and to ensure proper protection and support and provide 
special discounts and favorable social policies for persons with 
disabilities, particularly veterans; however, in practice, a lack of 
funding precluded much assistance. Most persons with disabilities were 
supported by family members or by international humanitarian donations. 
Societal discrimination against persons with disabilities existed.

    National/Racial/Ethnic Minorities.--The Government generally 
respected the rights of ethnic minorities in nonconflict areas but 
limited self-government.
    The Constitution stipulates that Georgian is the state language. 
Ethnic Armenians, Azeris, Greeks, Abkhaz, Ossetians, and Russians 
usually communicated in their native languages or in Russian. Both 
Georgian and Russian were used for interethnic communication. School 
instruction in non-Georgian languages was permitted. The new Parliament 
did not take up a language law drafted under the previous Government 
that would make Georgian compulsory for government employees. The State 
Language Chamber organized free language courses for government 
employees in regions inhabited by ethnic minorities, conducted in 
coordination with and through funding from the OSCE. Armenians, on 
occasion, complained that they were being forced to learn Georgian.
Section 6. Worker Rights
    a. The Right of Association.--The law provides for the right of 
citizens to form and join unions, and workers exercised this right in 
practice.
    The principal union was the Georgian Trade Union Amalgamation 
(GTUA), which was the successor to the official union during the Soviet 
period. The GTUA consisted of 31 sectoral unions and claimed 500,000 
members, although active, dues-paying membership was lower. During the 
year, prosecutors initiated a criminal investigation of the president 
of the GTUA that reportedly was related to efforts by the government to 
induce the GTUA to divest itself of substantial real estate and other 
assets unrelated to the essential functions of a labor federation, 
which the GTUA inherited from its Soviet-era predecessor. There were 
two additional unions: The Free Trade Union of Teachers of Georgia 
Solidarity (FTUTGS) and the Independent Trade Union of Metropolitan 
Employees.
    The law prohibits discrimination by employers against union 
members, and employers may be prosecuted for antiunion discrimination 
and forced to reinstate employees and pay back wages; however, the GTUA 
and its national unions reported frequent cases of management warning 
staff not to organize trade unions. Some workers, including teachers, 
employees of various mining, winemaking, pipeline, and port facilities, 
and the Tbilisi municipal government reportedly complained of being 
intimidated or threatened by employers, including their public sector 
employers, for union organizing activity. Observers also claimed that 
employers failed to transfer compulsory union dues, deducted from 
wages, to union bank accounts. The Ministry of Labor investigated some 
complaints but took no action against any employers.

    b. The Right to Organize and Bargain Collectively.--The law allows 
workers to organize and bargain collectively, and some workers 
exercised these rights; however, the practice of collective bargaining 
was not widespread.
    The law provides for the right to strike with some restrictions, 
and workers exercised this right in practice.
    There are no export processing zones.

    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.--The 
Labor Code governs all labor issues, including child labor, and the 
worst forms of child labor are criminal offenses carrying steep 
penalties.
    According to the law, the minimum age for employment of children is 
age 16; however, in exceptional cases, children may work with parental 
consent at ages 14 and 15. Children under age 18 may not engage in 
unhealthy or underground work, and children between ages 16 and 17 are 
subject to reduced working hours. The Ministry of Health, Social 
Service, and Labor was responsible for enforcing laws regulating child 
labor; however, the actual enforcement of these laws was questionable 
due to a general lack of resources. Child labor was not considered a 
serious problem.

    e. Acceptable Conditions of Work.--The national minimum wage for 
public employees was $4.50 (9 GEL) a month, which did not provide a 
decent standard of living for a worker and family. There was no 
mandated minimum wage for private sector workers, although the lowest 
wage actually paid was $10 (20 GEL), which also did not provide a 
decent standard of living. Average wages in private enterprises for 
2003 was $65 (126 GEL) monthly; in state enterprises, $58 (113 GEL). In 
general, salaries and pensions were insufficient to meet basic needs 
for a worker and family. Unreported trade activities, assistance from 
family and friends, and the sale of homegrown agricultural products 
often supplemented salaries.
    The old Soviet Labor Code, still in effect with some amendments, 
provides for a 41-hour workweek and for a weekly 24-hour rest period. 
The labor code permits higher wages for hazardous work and permits a 
worker to refuse duties that could endanger life without risking loss 
of employment; however, in practice, these protections were rarely, if 
ever, enforced.

                               __________

                                GERMANY

    Germany is a constitutional parliamentary democracy; citizens 
periodically choose their representatives in free and fair multiparty 
elections. A coalition government of the Social Democratic Party (SPD) 
and Alliance 90/The Greens returned to office in 2002 elections. The 
head of the Federal Government, the Chancellor, is elected by the 
Bundestag, the directly elected chamber of the federal legislature. The 
second chamber, the Bundesrat, represents the 16 states. The powers of 
the Chancellor and of the Parliament are set forth in the Basic Law 
(Constitution). The 16 states enjoy significant autonomy, particularly 
regarding law enforcement and the courts, education, the environment, 
and social assistance. The judiciary is independent.
    Civilian authorities maintained effective control of the security 
forces. State governments have primary responsibility for law 
enforcement, and the police are organized at the state level. Some 
members of the security forces are alleged to have committed isolated 
human rights abuses.
    A well-developed industrial economy provides citizens with a high 
standard of living. The population was approximately 82 million.
    The Government generally respected the human rights of the 
citizens; however, there continued to be instances of ill-treatment of 
prisoners and detainees by police. Under a new law, the courts may 
order that a person be detained indefinitely if convicted of 
particularly serious crimes and has completed his sentence but is 
judged, after expert testimony, to be a danger to the public. There 
were some limits on freedom of assembly and association. There was some 
government and societal discrimination against minority religious 
groups. Instances of societal violence and harassment directed at 
minority groups and foreign residents continued, and the Government at 
times did not provide adequate protection. Women continued to face some 
job discrimination in the private sector, as did minorities and 
foreigners. Trafficking in persons, particularly women and girls, was a 
problem, which the Government actively combated.
                        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 was one instance in which police may have been culpable 
in the death of an individual in their custody.
    In August, a 35-year-old man died after officers of the Special 
Unit Commandos (SEK) arrested him in his home in Neukoelln, Berlin. The 
officers are alleged to have held the man down with an iron shield and 
handcuffed him. Shortly afterwards, the man complained about feeling 
ill; an emergency physician was called, but the suspect died. The 
Berlin public prosecutor was still investigating this matter at year's 
end.
    In July 2003, a court in Cologne found six police officers guilty 
of the 2002 beating death of a man who had been arrested; sentences 
ranged from 12 to 16 months in jail, and the officers appealed the 
decision. In July, the Cologne Court of Justice rejected the appeal but 
justified the comparatively lenient sentences by citing evidence by a 
medical expert linking the death (2 weeks after the beating) to a pre-
existing medical condition. Nevertheless, since the sentences were 12 
months or more, the police officers were dismissed from the police and 
lost their status as civil servants.
    On October 18, a Frankfurt state court convicted three officers of 
the border police (BGS) charged with the 1999 death of a Sudanese 
asylum seeker during a deportation flight. The court found the officers 
guilty of inflicting ``bodily harm with fatal consequences.'' The men 
were sentenced to 9 months of probation. Two of the three retained 
their jobs and pensions, while the third lost his job under the terms 
of his introductory 90-day trial period, as he had joined recently. The 
court ruled the men had not received sufficient instruction from the 
BGS on how to respond in crisis situations.

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

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The Basic Law prohibits such practices; however 
nongovernmental organizations (NGOs) and other observers asserted that 
there continued to be instances in which police ill-treated and used 
excessive force against individuals in their custody. The Government 
investigated a number of abuses and prosecuted police who mistreated 
persons in custody (see Section 1.d.).
    In February, Stuttgart police allegedly beat a foreigner who had 
been arrested for refusal to provide identification or accompany 
officers to the station in connection with an identification check. 
Stuttgart prosecutors conducted a full investigation and concluded that 
there was no legal basis to pursue criminal charges against the 
officers involved, determining that the individual was extremely 
intoxicated and police action had occurred in the course of resisting 
arrest.
    In February 2003, an employee at the Cologne police headquarters 
struck a detainee whom he alleged was verbally abusive. Authorities 
reassigned the employee to another position and began an investigation, 
which remained pending at year's end.
    In April 2003, authorities charged three police officers in 
Frankfurt am Main with assault for beating Andre Heech after arresting 
him in February for failing to return from a prison work release 
program. Heech, an amputee, alleged that one of the officers struck the 
remaining part of his leg with a metal pipe, and that he was not 
provided medical assistance. The case remained pending at year's end.
    In November, police in Baden-Wuerttemberg initiated an 
investigation of three police officers suspected of having mistreated a 
suspect during a drug raid at a subway station in Stuttgart. According 
to a Stuttgart city council member, two civilian policemen forced a 
suspect to lie down on the floor of the subway station and a third 
policeman kicked him. The city council member filed a legal complaint 
against the police officers, and the Stuttgart prosecutor's office was 
investigating the case at year's end.
    Late in the year, military authorities began a criminal 
investigation of a Bundeswehr army captain and 17 noncommissioned 
officers stationed in Coesfeld, near Muenster, charged with abuse and 
degrading treatment of draftees during training. Drill instructors 
allegedly stripped, kicked, and used electric shock on the inductees. 
All 18 Bundeswehr members were suspended from duty while the 
investigation by the Muenster state prosecutor continued. If convicted 
the defendants faced sentences of to up to 5 years in prison.
    There were a number of violent attacks by rightwing groups on 
minority groups and foreigners (see Section 5).
    Prison conditions met international standards.
    Men were held separately from women, juveniles were held separately 
from adults, and pretrial detainees were held separately from convicted 
criminals.
    The Government permits visits by independent human rights 
observers, and such visits took place.

    d. Arbitrary Arrest or Detention.--The Basic Law prohibits 
arbitrary arrest and detention, and the Government generally observed 
these prohibitions.
    The police forces are organized at the state level. The 
jurisdiction of the Federal Criminal Office is limited to 
counterterrorism and international organized crime, particularly 
narcotics trafficking, weapons smuggling, and currency counterfeiting. 
The Federal Criminal Police, as the country's central police agency, 
coordinates crime suppression at the national and international level, 
and investigates certain limited cases of international crime as 
mandated by the law or the public prosecutor. Police forces in general 
were trained to a high professional level, disciplined, and mindful of 
citizens' rights. The Government investigated abuses and prosecuted 
police who mistreated persons in custody (see Sections 1.a. and 1.c.). 
Allegations of corruption were very rare.
    An individual may be arrested only on the basis of a warrant issued 
by a competent judicial authority, unless the suspect is caught in the 
act of committing a crime or the police have strong reason to believe 
that the individual intends to commit a crime. If there is evidence 
that a suspect might flee the country, police may detain that person 
for up to 24 hours pending a formal charge. An individual detained by 
police must be brought before a judge and charged within 24 hours of 
the arrest. The court then must issue an arrest warrant stating the 
grounds for detention or order the individual's release.
    Police at times detained known or suspected radicals for brief 
periods when they believed such individuals intended to participate in 
illegal or unauthorized demonstrations (see Section 2.b.). The rules 
governing this type of detention are different in each state, with 
authorized periods of detention ranging from 1 to 14 days, provided 
judicial concurrence is given within 24 hours of initial detention. 
There were no reports of such detention during the year.
    Detainees have access to lawyers. Only judges may decide the 
validity of any deprivation of liberty. Bail exists but was employed 
infrequently; detainees usually were released unless there was clear 
danger of flight outside the country. In these cases, a person may be 
detained for the duration of the investigation and subsequent trial. 
Such decisions are subject to regular judicial review, and time spent 
in investigative custody applies toward the sentence. In cases of 
acquittal, the Government must compensate the individual.
    A law allowing a so-called ``retroactive preventive detention'' for 
criminals went into force in July. Under the new law, criminals cannot 
be punished twice for the same crime; however, in cases involving 
certain serious crimes (rape, homicide, manslaughter, and others), 
courts may order that detention be continued after the sentence has 
been served (``preventive detention''). This requires a court finding 
that the convicted person could pose a danger to the public, and 
requires at least one expert opinion. The detention could last for an 
indefinite period of time.

    e. Denial of Fair Public Trial.--The Basic Law provides for an 
independent judiciary, and the Government generally respected this 
provision in practice. Ordinary courts have jurisdiction in criminal 
and civil matters. There are three levels of such courts (local courts, 
regional courts, and the Federal Court of Justice), with appeals 
possible from lower to higher levels. In addition to the ordinary 
courts, there are four types of specialized courts: Administrative, 
labor, social, and fiscal. These courts also have different levels, and 
appeals may be made to the next higher level.
    In addition, the Federal Constitutional Court, the country's 
supreme court, reviews laws to ensure their compatibility with the 
Basic Law and adjudicates disputes between different branches of 
government on questions of competency. It may also hear and decide 
cases concerning the infringement of a person's basic constitutional 
rights by a public authority.
    The judiciary provided citizens with a fair and efficient judicial 
process, although court proceedings at times were delayed because of 
increasing caseloads. For simple or less serious cases, procedures 
exist for an accelerated hearing and summary punishment at the local 
court level. The maximum sentence for such cases is limited to 1 year. 
Generally, a 1-year sentence is suspended and the individual is placed 
on probation.
    Trials are public and juries are usually used; however, some cases 
are heard by two lay judges and two to three professional judges. In 
such cases, the lay judges have the same rights as the professional 
judges. Defendants are required to be present and have the right to 
consult with an attorney in a timely manner. An attorney is provided at 
public expense if defendants demonstrate financial need. Defendants may 
confront or question witnesses against them and present witnesses and 
evidence on their behalf. In addition, defendants and their attorneys 
have access to government-held evidence relevant to their cases. They 
also enjoy a presumption of innocence and have a right of appeal.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The Basic Law and statutory laws prohibit such 
actions, and government authorities generally respected these 
prohibitions in practice; however, the privacy of members of 
organizations under observation by the federal and state Offices for 
the Protection of the Constitution (OPCs) may have been infringed (see 
Sections 2.b. and 2.c.).
    The monitoring of private conversations requires the concurrence of 
the courts and is permitted only where there is a suspicion of a 
serious offense that could carry a prison sentence of more than 5 
years. In March, the Federal Constitutional Court ordered that the law 
on monitoring conversations in private homes be amended so that the 
state security division of a regional court could no longer order 
monitoring when the individuals under surveillance were speaking to 
close relatives, doctors, priests or defense lawyers. The ruling will 
require an amendment to the law, which had not taken place by year's 
end.
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, and the Government generally respected this 
right in practice; however, there were some limits on freedom of speech 
and press. Academic freedom was not restricted.
    Distribution of the propaganda of proscribed organizations is 
illegal, as are statements inciting racial hatred, endorsing Nazism, 
and denying the Holocaust. The authorities sought to block what they 
considered dangerous material on the Internet. In March, police 
nationwide raided over 300 apartments to search for and seize rightwing 
extremist CDs and other banned music products. For example, there were 
a growing number of neo-Nazi musical bands in Lower Saxony that called 
for violence or employed xenophobic or racist lyrics. As in other 
states, rightwing extremists planned the distribution of such CDs in 
Lower Saxon schools. The government of Lower Saxony deterred rightwing 
extremists from distributing these CDs by officially declaring it a 
criminal offense. In 2003, members of the Berlin neo-Nazi band Landser 
were convicted of forming a criminal organization and sentenced to 
terms ranging from 3 years and 4 months in prison to 21 months' 
probation.
    In July, the Constitutional Court ruled that, in general, neo-Nazi 
groups enjoy a constitutionally guaranteed right of freedom of speech. 
The highest court overturned a state court ban on a rally by rightwing 
extremists protesting construction of a synagogue. The judges 
specified, nonetheless, that anti-Semitic or racist statements remained 
illegal.
    Apart from these limitations, the independent media were active and 
expressed a wide variety of views without government restriction.
    The law bans access to prohibited material (for example, child 
pornography and Nazi propaganda) on the Internet, and the Government 
explored ways to expand international cooperation against Internet 
crime. For example, between 2002 and 2004 the Duesseldorf District 
Administration issued 90 ordinances against Internet providers in North 
Rhine-Westphalia, forcing them to block access to certain websites with 
rightwing extremist content. Appeals of these ordinances were making 
their way through the courts at year's end.
    A 2003 federal report estimated that there were more than 950 
Internet sites with what the authors considered to be hate-inciting 
propaganda. While the number of such Internet sites decreased slightly 
due to government prosecution, the extremist groups used other methods 
such as e-mail and chat rooms to deliver their message. The Federal 
Court of Justice has held that the country's laws against Nazi 
incitement may apply to individuals who post Nazi material on Internet 
sites available to users in the country even if the site resides on a 
foreign server.

    b. Freedom of Peaceful Assembly and Association.--The law provides 
for freedom of assembly, and the Government generally respected this 
right in practice; however, outlawed organizations were not permitted 
to hold public assemblies. Permits must be obtained for open-air public 
rallies and marches, and state and local officials have the authority 
to deny such permits when public safety concerns arise or when outlawed 
organizations attempt to hold public assemblies.
    In March 2004, the Muenster Higher Regional Court confirmed a ban 
by local authorities on two planned demonstrations by the German 
National Democratic Party (NPD) against the construction of a synagogue 
in Bochum, citing the party's anti-Semitic tendencies and the racially 
inflammatory motto for the demonstration as reasons for the ban. The 
NPD lodged a constitutional complaint against this decision with the 
Federal Constitutional Court. In June, when local law enforcement 
authorities banned another planned NPD demonstration against the 
construction of the synagogue, the party went directly to the 
Constitutional Court, which unanimously granted a temporary injunction 
to have the ban lifted. The demonstration took place on June 28. The 
case remained before the Federal Constitutional Court at year's end.
    In August, in Wunsiedel, more than 2,000 neo-Nazis participated in 
an annual march to honor Rudolf Hess. City officials had tried to ban 
the march, but the Bavarian Administrative Court had ruled against a 
ban. Several hundred individuals gathered also to oppose the march. 
Authorities arrested 105 individuals for carrying guns and illegal 
symbols such as swastikas.
    On September 20, the Berlin Senate banned the holding of the 
``First Arab and Islamic Congress in Europe'' scheduled to take place 
on October 1-3 in Berlin. The conference organizer, in the media and on 
his website, used anti-Semitic slogans and was quoted saying it was a 
``sacred duty'' to resist ``US-British-Zionist'' ``terror'' and 
``hegemony'' and calling for ``liberation of all occupied lands'' and 
resistance ``against the aggression and occupation in Palestine and 
Iraq.'' Mainstream Muslim organizations and German officials had 
publicly expressed their concerns about the planned event, saying it 
would violate German laws against violence incitement. On September 18, 
conference organizer Fadi Madi was refused entry into Germany on those 
grounds and was sent back to his residence in Lebanon.
    The law provides for freedom of association, and the Government 
generally respected this right in practice; however, the Basic Law and 
the Association Law permit the banning of organizations whose 
activities are found to be illegal or opposed to the constitutional 
democratic order as established by the Basic Law. The Federal 
Constitutional Court is the only body that can outlaw political parties 
on these grounds. Federal or state governments may ban other 
organizations on these grounds, but legal recourse against such 
decisions is available. Such banned organizations included a number of 
groups that authorities generally classified as rightwing or leftwing, 
foreign extremist, or criminal in nature. Several hundred organizations 
were under observation by the federal and state OPCs (see Section 
1.f.). The OPCs were charged with examining possible threats to the 
constitutional democratic system; they had no law enforcement powers. 
Observation generally consisted of collecting information from written 
materials and firsthand accounts in order to assess the possible 
threat. While OPC monitoring by law may not interfere with the 
continued activities of any organization, the OPCs publish a list of 
organizations being monitored, which could affect those organizations' 
activities (see Section 2.c.). At times, more intrusive methods, such 
as the use of undercover agents, could be employed, subject to legal 
checks.
    In October 2003, more than 300 police officers raided homes and 
meeting places of suspected neo-Nazi groups in Schleswig-Holstein and 
Hamburg. Police found weapons and arrested several individuals 
suspected of ``forming a politically motivated criminal organization.'' 
The suspects were associated with the international neo-Nazi group 
Combat 18. Seven individuals were arrested. In April, the Kiel District 
Court sentenced one of those arrested, a known rightwing extremist, to 
3 years and 2 months in prison on 13 counts of illegal weapons trading. 
Of the remaining six suspects, two received probation in firearms-
related proceedings, one remained in prison awaiting trial on charges 
of illegal weapons trading, and three were released from pretrial 
detention and were awaiting trial.
    An Aachen-based Islamist group, the Al-Aqsa-Association, which was 
banned by the federal Interior Minister in 2002 due to its financial 
support of the terrorist organization Hamas, lodged an appeal against 
the ban at the Federal Administrative Court in August 2002. In July, 
the court decided to suspend the ban until the appeal was adjudicated. 
On December 3, in a final decision, the Federal Administrative Court in 
Leipzig confirmed the ban.
    Nine members of the Kameradschaft Sued, a neo-Nazi gang from the 
southern part of the country, were charged in an alleged 2003 plot to 
bomb the site of a planned Jewish community center in downtown Munich. 
The first of two trials, involving three teenage girls and two men, 
began in October. The public was largely excluded in order to protect 
the defendant minors. The trial of ringleader Martin Wiese and three 
members of his inner leadership circle began in November.

    c. Freedom of Religion.--The Basic Law provides for freedom of 
religion, and the Government generally respected this right in 
practice; however, some religious minorities continued to experience 
instances of discrimination.
    Church and State are separate, although the State bestows certain 
advantages upon those religious communities that have the status of 
``corporation under public law.'' This status entitles them, among 
other things, to levy taxes on their members, which the Government 
collects for them. The decision to grant public law corporation status 
is made at the state level, but the requirements generally include a 
minimal number of members and financial resources, evidence of 
continuity of existence, and observance of, and consistency with, the 
Basic Law.
    Religious organizations are not required to register, although many 
were registered and were treated as nonprofit associations and 
therefore enjoyed tax-exempt status.
    The Government does not recognize for public administration 
purposes several belief systems, such as Scientology, as religions; 
however, it does not prevent them from engaging in public and private 
religious activities. The Church of Scientology, in particular, is 
viewed, instead, as an economic enterprise. Moreover, federal and state 
authorities have classified Scientology as a potential threat to 
democratic order, measures which have led to employment and commercial 
discrimination against Scientologists in both the public and private 
sectors. Within the federal system, the states showed large differences 
with respect to their treatment of Scientology. Most states did not 
monitor Scientology, but Bavaria, which had unsuccessfully sought 
support among other states for a federal ban, continued to do so. The 
state of Baden-Wuerttemberg also continued to monitor Scientology, 
which it labeled a dangerous sect. In November, the Cologne 
Administrative Court ruled that the observation of Scientology by the 
Federal OPC, including the use of undercover methods, was legal. The 
court found that there were ``factual indications'' that Scientology 
sought to undermine the ``free and democratic basic order'' of the FRG. 
The court rejected a petition by Scientology to end its observation by 
the OPC, which has been ongoing since 1997. Scientologists announced 
plans to appeal.
    Scientologists encountered other forms of hostility and suspicion 
from official sources. According to Scientologists, when the Ministry 
of Trade and Commerce of Baden-Wuerttemberg learned in October that the 
winner of the ``Baden-Wuerttemberg Support Prize for Young Companies'' 
had been awarded to a Scientologist, the Ministry withdrew the prize of 
approximately $20,250 (15,000 Euro). In another instance, a 
Scientologist claimed that his license to be an expert witness for 
cases involving real estate claims, granted by the Berlin Chamber of 
Industry and Commerce, would not be renewed because of his affiliation 
with the Church of Scientology. The Chamber claimed not only that 
Scientologists should not be active on the real estate market but also 
that many judges would not accept testimony from a witness affiliated 
with Scientology.
    Employment offices throughout the country continued to implement a 
1996 administrative order of the Ministry of Economics and Labor 
directing them to enter an ``S'' notation next to the names of firms 
suspected of employing Scientologists, a notation that was subsequently 
made optional. Employment counselors are supposed to warn their clients 
that they might encounter Scientologists in these workplaces. 
Scientologists claimed that the ``S'' notations violate their right to 
privacy and interfere with their livelihood. Private sector firms have 
frequently screened for Scientology affiliations, citing OPC 
observation of Scientology as a justification for discrimination. 
Unlike in previous years, there were no reports that the Federal 
Property Office barred the sale of real estate to Scientologists.
    Outside the government sector, the Lutheran Church employed ``sect 
commissioners'' to warn the public about supposed dangers posed by 
Scientology, as well as by the Unification Church, Bhagwan-Osho, and 
Transcendental Meditation. The Lutheran Church also characterizes the 
Church of Jesus Christ of Latter-day Saints (Mormons), the Jehovah's 
Witnesses, the Church of Christ, Christian Scientists, the New 
Apostolic Church, and the Johannish Church as ``sects,'' but in less 
negative terms than it does Scientology.
    The Unification Church sought legal remedies against the 
Government's entry ban on the founder of the Unification Church, 
Reverend Sun Myung Moon, and his wife, Hak Ja Har Moon. Federal courts 
ruled that the ban did not infringe upon church members' freedom to 
practice their religion. An appeal against the ban was pending at 
year's end. In December, the Berlin Administrative Court offered the 
Jehovah's Witnesses conditional Public Corporate status. The 
conditions, if accepted, are as follows: Jehovah's Witnesses would not 
collect the Church tax, they would not take part in religious lessons 
in schools, and they would not be appointed to church civil servant 
status. At year's end, the Witnesses had not responded to this 
proposal.
    In April, following legal maneuvering and debate in 2002 and 2003, 
Baden-Wuerttemberg became the first state to enact a law banning the 
wearing of headscarves by teachers in public schools. Saarland, Hessen, 
and Bavaria soon followed. In June, the Federal Administrative Court in 
Leipzig upheld the law and the state's decision to deny a teaching 
position to plaintiff Fereshta Ludin. In March, Baden-Wuerttemberg 
authorities suspended teacher Gabriele Graber for refusing to remove 
her headscarf; the suspension remained pending a decision on Graber's 
case by the Federal Administrative Court in Leipzig. Other cases were 
also pending in the court system at year's end. An amended school law 
that entered into force in Lower Saxony in May also prohibited Muslim 
teachers from wearing headscarves while on duty in public schools. On 
October 8, the Hessen state parliament passed a law barring headscarf 
use by all public officials. In contrast, Hamburg permitted teachers to 
wear headscarves.
    In October, a court in Leipzig ruled that Christian nuns teaching 
in public schools, a common practice, must also conform to a Baden-
Wuerttemberg law that prohibited the wearing of religious paraphernalia 
in schools. When Bavaria banned headscarves and other religious symbols 
deemed contrary to constitutional order in November, it did not ban the 
wearing of crucifixes or nuns' habits, claiming that they were 
professional uniforms.
    While traditional anti-Semitism based on religious doctrines and 
traditional anti-Jewish prejudices continued to exist, Jewish leaders, 
academics, and others contended that a newer, nontraditional, form of 
anti-Semitism was emerging. This form tended to promote anti-Semitism 
as part of hostility to globalization, capitalism, Israel, and 
foreigners.
    According to the 2003 report by Office for the Protection of the 
Constitution, the total number of registered Anti-Semitic crimes went 
down to 1,199 (from 1,515 in 2002). However, among these, the number of 
violent crimes increased from 28 to 35, and the number of desecrations 
of Jewish cemeteries, synagogues, and memorials increased from 78 to 
115. On July 31, a rightwing extremist attempted to put an NPD leaflet 
in the hand of a young man wearing a Star of David sticker who was 
walking on a street in Berlin. When the young man dropped the leaflet 
on the sidewalk, the extremist attempted to strangle him and throw him 
on the ground, causing minor injuries. The authorities apprehended and 
charged the offender.
    In August, according to the Zionist Organization of Frankfurt, four 
men in downtown Frankfurt harassed an English-speaking Orthodox Jew, 
shouting, ``they forgot to send your parents to the gas chamber'' and 
jostled the individual until he fell to the ground. The men fled the 
scene immediately.
    The desecration of Jewish cemeteries continued to be the most 
widespread acts of anti-Semitic violence. In January, vandals knocked 
over a number of headstones in a Jewish cemetery in Nickenich. They 
smeared four other headstones with black paint and partially dug up one 
of the graves in the cemetery. Police officials offered a reward of 
approximately $3,375 (2,500 Euro) for information on the incident. In 
April, vandals scrawled swastikas and Nazi epithets on five headstones 
at a Jewish cemetery in Bausendorf. In June, vandals knocked over two 
headstones and scratched swastikas into seven others at a Jewish 
cemetery in Alsbach-Haehnlein; police were investigating the incident.
    Also in June, 45 gravestones in an ancient Jewish cemetery in 
Duesseldorf were covered with swastikas, SS-signs and anti-Jewish 
slogans. Another Jewish cemetery in Bochum was vandalized in August. 
Police investigators were unable to identify the perpetrators. In 
October, police announced that the Jewish cemetery in Julich had been 
desecrated; swastikas and other anti-Semitic symbols had been daubed on 
the gravestones.
    On September 23, 350 persons demonstrated in the district of 
Neunkirchen (Saarland) against the desecration of the Hermanstrasse 
Jewish cemetery earlier in the month. According to police, the 
desecration nearly destroyed the cemetery. Vandals have desecrated the 
Hermanstrasse graves on 10 occasions since 1971, including twice during 
the year. The incident took place after significant electoral gains by 
the far-right party NPD in Neunkirchen (5.6 percent) and neighboring 
Voelklingen (9.7 percent) in Saarland's September 5 state elections.
    On December 8, it was discovered that billboards advertising the 
campaign against forgetting the Holocaust in the Steglitz section of 
Berlin had been defaced with anti-Semitic graffiti and slogans in 
support of a neo-Nazi organization.
    Frankfurt's Jewish community harshly criticized anti-Semitism on 
the part of some Islamic representatives at the Frankfurt Book Fair, 
held in October. Jewish representatives cited open displays of anti-
Semitic texts, such as the book ``Terror and Zionist Thinking'' 
(featuring a cover illustration of an individual standing in a pool of 
blood with a skull with a Star of David).
    All branches of Islam were represented in the country, and a large 
majority of Muslims came from abroad. There remained areas where the 
law conflicted with Islamic practices or raised religious freedom 
issues, notably the wearing of headscarves. The integration of Muslims 
into German society continued to be a source of controversy, which 
intensified following violent incidents between Muslims and non-Muslims 
in neighboring Holland.
    Police reported that in November a Molotov cocktail was thrown at a 
mosque near Heidelberg, causing an estimated $13,500 (10,000 Euro) 
worth of damage. In December, a 17-year-old German citizen born in 
Tajikistan was arrested for the arson attack. Also in November, 25,000 
Muslims took part in a massive protest in Cologne against terrorism and 
militancy and emphasizing their rejection of violence.
    Reports of opposition to the construction of mosques in various 
communities around the country continued. The complainants generally 
cited increased traffic and noise. A debate continued over whether 
Muslims would be permitted to use loudspeakers in residential 
neighborhoods to call the faithful to prayer.
    Authorities ran a variety of tolerance-education programs, many 
focusing on anti-Semitism and xenophobia. Government agencies 
cooperated with NGOs in the formulation and administration of these 
programs. With the active participation of the Muslim community, 
authorities in Hamburg began work on establishing interreligious 
education at public schools, labeled the ``Hamburg Model.''
    In April, the Government hosted a conference on anti-Semitism 
sponsored by the Organization for Security and Cooperation (OSCE). The 
OSCE conference led to the ``Berlin Declaration,'' which called on the 
55 nations that attended to implement a set of concrete measures to 
combat anti-Semitism and foster tolerance and respect for all religious 
groups.
    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 Basic Law provides for these rights, 
and the Government generally respected them in practice. For ethnic 
Germans from Eastern Europe and the former Soviet Union, the Basic Law 
provides both for citizenship immediately upon application and for 
legal residence without restrictions.
    The law specifies that foreign residents must reside in the country 
for 8 years in order to become naturalized citizens. It grants 
citizenship to children born to foreign residents as of January 1, 
2000, provided that one parent has lived legally in the country for at 
least 8 years. Children may retain both German citizenship and that of 
their parents until they reach the age of 18, at which time they must 
chose the citizenship of one country or the other. If they fail to make 
this choice by the time they have reached age 23, they will lose their 
German citizenship. If they give up their foreign citizenship, they 
must provide evidence of having done so.
    The Basic Law prohibits forced exile, and the Government did not 
employ it.
    The country is a party to the 1951 U.N. Convention Relating to the 
Status of Refugees and its 1967 Protocol, and the Basic Law and 
legislation reflect this. The Government provided protection against 
refoulement (the involuntary return of persons to a country where they 
feared persecution) and provided refugee status or asylum. Both the 
Federal Government and state governments cooperated with the office of 
U.N. High Commissioner for Refugees (UNHCR) and other humanitarian 
organizations in assisting refugees, although immigration matters were 
primarily a state-level responsibility.
    In July, the Bundestag and Bundesrat passed a new immigration law 
providing for stricter security and antiterrorism measures, such as 
background checks and for easier deportation of suspected terrorists 
and persons inciting hatred. The bill also established greater 
protection for refugees by including persecution based on gender and 
persecution by non-state actors as grounds for granting asylum. It 
facilitated work and residence permits for highly qualified foreigners, 
foreign students, and investors. The law was scheduled to take effect 
on January 1, 2005.
    The Government continued to observe a European Union (EU) 
regulation providing that individuals who attempt to enter the country 
via a ``safe country of transit'' (a member state of the EU or a 
country adhering to the Geneva Convention on Refugees) were ineligible 
for asylum and could be turned back at the border or, if they had 
managed to enter the country, returned to that ``safe country of 
transit.'' Individuals whose applications for asylum were rejected had 
up to 2 weeks to appeal the decision. Individuals who arrived at an 
international airport and who were deemed to have come from a ``safe 
country of origin'' could be detained at an airport holding facility. 
In these cases, the Federal Office for the Recognition of Foreign 
Refugees was required to make a decision on an asylum application 
within 48 hours or allow the person to enter the country. The applicant 
could appeal a negative decision to an administrative court within 3 
days, and the court was required to rule within 14 days or allow the 
individual to enter the country. Although stays in the airport facility 
were limited to a maximum of 19 days, applicants whose claims were 
rejected, but who could not be deported immediately, allegedly were 
held at the airport for months, a practice criticized by some refugee 
assistance groups and human rights advocates.
    The number of asylum applicants during the year decreased to 35,607 
from 50,563 in 2003, a decline of 29.6 percent. According to the 
Interior Ministry, 1.5 percent of the processed applicants received 
asylum. The majority of asylum seekers came from Turkey, Serbia and 
Montenegro, and Russia. Applicants who entered the country and were 
denied asylum at their original administrative hearings could challenge 
the decision in court, and 80 percent of applicants denied asylum did 
so. Only 3 to 4 percent of such denials were overturned. The rejected 
applicants were allowed to remain in the country during the course of 
the appeal, which usually took at least a year and sometimes 
significantly longer. Applicants received housing and other social 
service benefits during this time. Refugees from civil wars in the 
former Yugoslavia have been allowed to work after a 1-year waiting 
period. Individuals who failed to cooperate during the deportation 
process or who were deemed likely to flee to avoid deportation could be 
held in pre-eportation detention, with the average detention period 
lasting 5 to 6 weeks.
    The Government also provided temporary protection to individuals 
who may not qualify as refugees under the 1951 Convention/1967 
Protocol. Almost 2 percent of the processed applicants whose asylum 
applications were rejected, but who would be endangered if they were 
returned to their home country, received temporary residence permits; 
however, they were expected to leave when conditions in their home 
country allowed for their safe return.
    In several cases, observers accused local authorities in Hesse of 
deporting foreigners in contravention of humanitarian practice. Usingen 
authorities deported the parents of two teenage children who remained 
in the country. In a separate incident, Usingen police deported three 
teenagers to Turkey, leaving the rest of the family behind. In 
February, Border Control officers deported a Tunisian woman (under 
treatment at a Frankfurt mental clinic) after rejecting her political 
asylum claim; medical authorities and human rights groups protested 
that the woman was not well enough to undergo deportation.
    Trier prosecutors stated on August 6 that they were unable to 
verify independently charges made by four Chinese individuals of abuse 
and intimidation at the hands of Chinese authorities in 2003. The four 
plaintiffs petitioned to reopen the case.
    Metin Kaplan, former head of the ``Caliphate State,'' a Turkish 
Islamist group, was extradited to Turkey in October to face terrorism-
related charges after serving a 4-year sentence for calling for the 
killing of an opponent. Kaplan's extradition was delayed because of 
uncertainty that a fair trial could take place in Turkey. However, on 
May 26, the High Administrative Court in Muenster, recognizing changes 
in Turkish laws, especially the abolition of the death penalty, and 
assurances that Kaplan would get a fair trial, approved his 
deportation.
    The Government estimated that approximately 59,000 technically 
deportable Kosovar refugees remained in the country. Of that total, 
21,000 were ethnic Kosovo Albanians, and 38,000 were members of ethnic 
minorities: Serbs, Roma, Bosniaks (Muslim Slavs), Askalii/Egyptians, 
and Gorani. The Government agreed with the U.N. Interim Mission in 
Kosovo (UNMIK) to stop all involuntary returns of Roma, Askakali and 
Serbs while continuing the repatriation of Bosniaks and Gorani.
    After the 2002 terrorist incident in a Moscow theater in Russia, 
the federal Interior Ministry recommended to its state-level 
counterparts that deportations of Chechens be halted temporarily and 
that previously refused asylum cases of Chechens remaining in the 
country be re-evaluated. However, according to Amnesty International 
(AI), many asylum applications by Chechens were refused during the 
year. In February, over 100 refugees from Chechnya demonstrated in 
Bielefeld against deportation; in April, more than 60 refugees 
demonstrated in Hamburg against their pending deportation.
    Several states attempted to speed up repatriation of uncooperative 
rejected asylum seekers by opening communal accommodations where 
foreigners were housed while authorities obtained valid information 
regarding their identity and citizenship. Some refugee rights and 
church organizations criticized these centers as inhumane, claiming 
that the Spartan amenities and the relative lack of freedom of movement 
constituted psychological pressure on the residents. Authorities 
countered that the centers' emphasis on counseling and job skill 
development promoted the residents' willingness to depart voluntarily 
and enhanced their chances of success in their home countries.
    According to mid-year statistics, 16,151 Afghans and 12,922 Iraqis 
were technically deportable; however, authorities extended a moratorium 
on deportations of Afghan refugees was extended pending the 
recommendations of a group of experts established in mid-year, and the 
Interior Minister decided in July that conditions would not permit the 
forced deportation of Iraqi nationals to Iraq.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The Basic Law provides citizens with the right to change their 
government peacefully, and citizens exercised this right in practice 
through periodic, free, and fair elections. Members of the Bundestag 
are elected every 4 years from a mixture of direct-constituency and 
party-list candidates on the basis of universal suffrage and secret 
balloting. The Bundesrat is composed of delegations from state 
governments; there are no direct Bundesrat elections.
    In the Bundestag that was last elected in 2002, there were two 
major parties, the SPD and the Christian Democratic Union/Christian 
Social Union (CDU/CSU), and three smaller parties, the Free Democrats 
(FDP), Buendnis 90/the Greens and the Party of Democratic Socialism 
(PDS), which only holds two seats. The Federal Constitutional Court may 
outlaw political parties that actively work to undermine the liberal 
democratic order (see Section 2.b.).
    Press allegations of malfeasance by some well-known 
parliamentarians gave rise to a public debate about the impact of 
secondary jobs and income on politicians' conduct in office. This 
debate did not appear to damage the public's trust in the integrity of 
the Parliament.
    While there was no federal law establishing public access to 
government information, four states--Berlin, Brandenburg, Schleswig-
Holstein, and North Rhine-Westphalia--have freedom of information laws. 
In these states, denial of access to information was usually 
attributable to concern for the protection of business confidentiality 
and a narrow interpretation of the law. Fees for obtaining information 
were not a significant impediment. All four states with such laws 
provide for an appeals process.
    The Ministry of the Interior issued a directive in July to promote 
further training and other measures intended to deter corruption.
    By law, women are entitled to participate fully in political life, 
and a growing number were prominent in the Government and the parties. 
On the Federal Constitutional Court, 4 of the 16 judges were women. Two 
of the parties represented in the Bundestag were headed by women, and 
the share of women in the Bundestag increased from 30.9 percent to 32.8 
percent. Six members of the 14-member cabinet were women.
    Few minorities were represented in the Government. There were two 
Bundestag deputies of Turkish origin, one of partially Indian origin, 
and one of the indigenous Sorb minority. On June 13, two candidates of 
Turkish ancestry were elected to the European Parliament.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    A wide variety of international and domestic human rights groups 
generally operated without government restriction, investigating and 
publishing their findings on human rights cases. Government officials 
were very cooperative and responsive to their views.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The law prohibits the denial of access to housing, health care, or 
education on the basis of race, disability, sex, ethnic background, 
political opinion, or citizenship, and the Government generally 
enforced these provisions in practice.
    The Government had not implemented a 2000 EU Directive establishing 
a general framework (antidiscrimination act) for equal treatment in 
employment and occupation. The framework seeks to combat discrimination 
on the grounds of religion or belief, disability, age and sexual 
orientation.

    Women.--The law prohibits violence against women, and the 
Government has established a number of legal and social structures to 
combat it. Nevertheless, violence against women was a problem and was 
thought to be underreported; there were no nationwide statistics, but 
in 2003, the Federal Ministry of Family, Seniors, Women and Youth 
estimated that there were approximately 45,000 cases per year of 
domestic violence against women. In 2003, according to police criminal 
statistics, 8,766 cases of rape and serious sexual coercion were 
registered. Societal attitudes toward such violence are strongly 
negative, and legal and medical recourse were available. During the 
year, the Government conducted campaigns in schools and through church 
groups to bring public attention to the existence of such violence and 
supported numerous projects to combat the problem. There were 324 
``women's houses,'' where victims of violence and their children could 
seek shelter, counseling, and legal and police protection. The law 
provides for removing a violent husband or male domestic partner from a 
shared dwelling.
    Prostitution is legal. Lawmakers have approved new rules affording 
prostitutes more benefits, such as the chance to enter the social 
security system and to use the courts to obtain payment for their 
services.
    Sexual harassment of women was a recognized problem. The press 
reported on sexual harassment in the workplace and in public 
facilities. Unions, churches, government agencies, and NGOs ran a 
variety of support programs for women who experienced sexual harassment 
and sponsored seminars and training to prevent it.
    The law provides for equal pay for equal work; women usually were 
not discriminated against in terms of equal pay for equal work, 
although they were underrepresented in well-paid managerial positions 
and represented disproportionately in some lower-wage occupations; 
their average monthly incomes were lower than those of men.

    Children.--The Government maintained its strong commitment to 
children's rights and welfare; it amply funded systems of public 
education and medical care. Public education was provided free of 
charge through the university level, and education was compulsory 
through the age of 16; almost all children attended school.
    Child abuse was a problem. No statistics were available, but 
children's advocates from NGOs as well as some politicians considered 
it a problem, and individual cases received attention in the media. 
Statistics on victims of violent crimes indicate that in 2003, 
approximately 95 children were victims of murder or homicide.
    The Criminal Code provides for the protection of children against 
pornography and sexual abuse. For possession of child pornography, the 
maximum sentence is 1 year in prison; the sentence for distribution is 
5 years. The law makes the sexual abuse of children by citizens abroad 
punishable even if the action is not illegal in the child's own 
country. In 2003, 15,430 cases of sexual abuse of children were 
recorded, a decrease of 3.6 percent compared to 2002. In 2003, there 
were 169 cases of serious sexual abuse of children for the purpose of 
producing and publishing pornographic material. The number of cases of 
possession or distribution of child pornography increased from 2,002 in 
2002 to 2,868 in 2003 according to an analysis of the issue conducted 
by the Federal Office of Criminal Investigation; however, the police 
reported that the increased number of cases reflected a higher number 
of complaints filed due to better information and increasing awareness 
of the problem within the population rather than an actual increase in 
abuse.
    A German UNICEF report issued in October 2003 characterized a 
region in the Czech Republic close to the German border as a ``haven 
for pedophilia.'' For several years, a liaison group between the two 
countries has worked to increase the exchange of information and fight 
pedophilia, but reports indicated that the problems persisted.
    Trafficking in girls was a serious problem, which the Government 
and NGOs combated (see Section 5, Trafficking.)

    Trafficking in Persons.--The law prohibits trafficking in persons; 
however, trafficking in persons, primarily women and girls for sexual 
exploitation, was a problem, which the Government recognized and 
actively combated.
    The criminal law specifically prohibits trafficking in persons and 
makes e offense punishable by up to 10 years' imprisonment. In 
December, parliament passed a bill to implement the European Union (EU) 
Council Framework Decision on Combating Trafficking in Human Beings and 
the U.N. Protocol. It extends the definition of trafficking to include 
trafficking for both sex and labor purposes.
    The country was both a destination and transit country for 
trafficked persons. As in previous years, most trafficking victims were 
women and girls between the ages of 16 and 25 who were forced to work 
as prostitutes. The Federal Criminal Office (BKA) reported in their 
annual report on trafficking in persons that the numbers of known and 
registered victims in 2003 was 1,235, and the percentage of registered 
victims under age 18 continued to be in the 5 percent range. Of the 
registered victims, 80 percent came from Eastern Europe and the 
countries of the former Soviet Union, primarily Russia, Poland, 
Ukraine, Moldova, Lithuania, Slovakia, Latvia, Bulgaria, and the Czech 
Republic. Non-European victims came mostly from Africa and Asia.
    Traffickers used a range of intimidation techniques to ensure the 
compliance of victims, including threats to ``sell'' the victim, 
threats of deportation, misrepresentation of victims' legal rights and 
status, physical violence, and withholding travel and identification 
documents. The Government was active in combating trafficking in 
persons at the federal and state levels. There were no reports of 
government officials involved in human trafficking.
    Trafficking crimes are prosecuted at the state level. According to 
a report covering 2003, the number of sex trafficking investigations in 
that year was 431, an increase of 20 percent compared to 2002. The 
number of trafficking victims increased by 37 percent.
    In 2003, in North Rhine-Westphalia, the number of cases of 
trafficking in persons uncovered by state police authorities increased 
by almost 20 percent, reaching a record high with 118 new criminal 
investigations for such crimes. A total of 294 perpetrators were 
identified, more than two-thirds of them from foreign countries. Almost 
75 percent of the 241 victims were from Eastern Europe, and 23 were 
younger than 18, including 3 who were 14 years of age. In Berlin, there 
were 17 convictions for trafficking in 2003, according to press 
reports.
    In Bavaria, Bavarian and Czech law enforcement officials continued 
to cooperate closely to combat trafficking at the German-Czech border 
(see Section 5, Children).
    In May 2004, the Berlin District Court convicted the head of a 
major ``call-girl'' ring to 4 years' imprisonment for alien smuggling. 
The ring organized prostitution using women from Eastern Europe. Two 
accomplices were also convicted; one was sentenced to 3 years in 
prison, and the other was fined. In September 2003, in Frankfurt, two 
Germans were convicted of forcing 18 women from the former Soviet Union 
to work as prostitutes, but were released on probation. Six Eastern 
Europeans were also charged in this case and convicted on charges 
ranging from trafficking to aiding in procurement.
    Federal ministries worked to coordinate antitrafficking efforts on 
the international, national, and state levels. Several states have 
established interagency countertrafficking working groups. The federal 
and state governments worked actively with NGOs and local women's 
shelters to identify and assist victims, and together they fund more 
than 30 counseling centers for victims of trafficking run by NGOs. NGOs 
continued to criticize uneven and limited funding by the states.
    When illegal aliens are identified as trafficking victims, police 
are required to notify a counseling center and to inform the victims of 
their rights and options for seeking assistance. The centers provide 
shelter, counseling, interpreting services, and legal assistance. 
Victims who agree to serve as witnesses in trafficking cases have the 
right to join the criminal trial against the trafficker as co-
plaintiffs, a status that entitles them to an attorney and financial 
assistance to cover legal expenses. As co-plaintiffs, victims are 
entitled to participate actively in the criminal trial and to extend 
the criminal trial to a civil compensation proceeding. Victims who are 
illegal residents receive basic health care for physical illness or 
pain in accordance with the Benefit Rules for Asylum Seekers. The right 
to remain in the country is granted in cases of marriage to a national, 
political asylum, or evidence that deportation would endanger the 
victim's life. Of the 1,108 registered non-German victims in 2003, 35.8 
percent were expelled or deported, 17.3 percent returned to their home 
countries of their own free will, and 23.9 percent were granted a 
temporary stay or remained under police protection (data was not 
available in 23 percent of the cases).
    The Government covers the basic cost of repatriation of trafficking 
victims under the Reintegration and Emigration Program for Asylum-
Seekers in Germany (REAG). The International Organization for Migration 
administers REAG and has offices in several of the major return 
countries where the organization facilitates assistance to returning 
victims.
    The Government actively sought to educate potential trafficking 
victims before they entered the country. Embassies and consulates as 
well as NGOs distributed brochures that provided information on 
residency and work permit requirements as well as warnings about 
trafficking. The Government established a new program in 2003 to fund 
projects abroad to combat trafficking in women, including information 
campaigns and awareness training seminars with police officials from 
source countries.

    Persons With Disabilities.--The Basic Law and a 2002 law on persons 
with disabilities specifically prohibit discrimination against persons 
with disabilities, and there were no reports of discrimination against 
persons with disabilities in employment, education, access to health 
care, or in the provision of other state services. State-owned health 
insurance companies, which cover most citizens, must accept any 
applicant, but private insurance companies may select their clientele.
    The law mandates several special services for persons with 
disabilities; they are entitled to assistance to avert, eliminate, or 
alleviate the consequences of their disabilities and to secure 
employment commensurate with their abilities. The Government offered 
vocational training and grants for employers who hired persons with 
disabilities. In addition, various federal and state programs were 
initiated to promote employment or vocational training of persons with 
disabilities through financial assistance or subsidies. Persons with 
severe disabilities could be granted special benefits, such as tax 
relief, free public transport, special parking facilities, and 
exemption from radio and television fees.
    The Government set guidelines for the attainment of barrier-free 
public buildings and for modifications of streets and pedestrian 
traffic walks to accommodate persons with disabilities. All 16 states 
incorporated the federal guidelines into their building codes, and 98 
percent of federal public buildings followed the guidelines for a 
``barrier-free environment.'' Building regulations for private property 
are decided on a state-by-state basis. There were no reports of 
societal discrimination against persons with disabilities.

    National/Racial/Ethnic Minorities.--The Federal Criminal Police 
uses a crime definition system for ``politically motivated crimes'' 
(PMCs). PMCs are crimes that involve motives related to the victims' 
ideology, nationality, ethnicity, race, skin color, religion, world-
view, ancestry, sexual orientation, disability status, appearance, or 
social status. PMCs are categorized and reported by the Federal OPC in 
its annual report, according to perpetrator (rightwing extremist, 
leftwing extremist, foreign extremist) and crime type (propaganda, 
racist literature or hate speech; property destruction, desecration of 
Jewish graves; and assaults on persons). In 2003, 10,792 rightwing PMCs 
were recorded (10,902 in 2002), including 7,551 propaganda crimes 
(7,294 in 2002), 2,138 ``incitement of racial hatred'' crimes (2,513 in 
2002), 225 property crimes (178 in 2002), 93 criminal threats (115 in 
2002), and 26 grave desecrations (30 in 2002). In 2003, 759 of the 
rightwing extremist PMCs were violent (772 in 2002); the majority of 
these (430, 56.7 percent; down from 440 in 2002) were perpetrated 
against foreigners; 35 (4.6 percent) were anti-Semitic (up from 28 in 
2002), and 211 (27 percent) were against political opponents (up from 
207 in 2002).
    Harassment of foreigners and racial minorities, including beatings, 
remained common throughout the country. Media as well as official 
reports indicated that several such incidents occurred each week. For 
example, in July, in Hanover, five men from Turkey and Africa were 
harassed with racial slurs, struck with an iron bar and chased through 
the streets. In April, three rightwing extremists beat the owner of a 
Vietnamese snack stand in Koepenick, Berlin, with a long piece of 
lumber. The victim was hospitalized. The offenders were sentenced in 
August: A 16-year-old to 2 years probationary youth custody, a 17-year-
old to 90 days of social work, and a 21-year-old to 2 years of youth 
custody and 90 hours of social work.
    In May, a 20-year-old foreigner who applied for an apprenticeship 
as a technician for the city of Kaiserslautern allegedly received a 
racist response from the city administration's human resources 
department. Upon opening the returned resume, the man found the comment 
``No Niggers'' on top, using swastikas instead of ``g's'' and with both 
his photo and the word ``German'' in the line nationality crossed out. 
The man's mother referred the letter to the criminal police, which was 
still investigating the case at year's end.
    The 2003 Federal OPC Report listed 169 rightwing extremist 
organizations and groups. The total of rightwing extremists was 
estimated to be 41,500 persons. The authorities estimated that there 
was a potential of 10,000 violent rightwing extremist sympathizers 
(mostly skinheads).
    Federal and state governments indicated that they remained firmly 
committed to combating and preventing rightwing violence.
    The Government protected and fostered the languages and cultures of 
national and ethnic minorities traditional to the country (for example, 
Sorbs, Danes, Roma, Sinti, and Frisians). Although the Government has 
recognized the Sinti and Roma as an official ``national minority'' 
since 1995, critics contended that the Sinti/Romani minority was the 
only official national minority that did not have unique legal 
protection, political privileges, or reserved representation in certain 
public institutions. The federal and state interior ministries 
indicated that they had been unable to fulfill their international 
commitments in the case of the Romani language because it was not 
written, the Romani themselves wished to keep the language restricted 
to Romani society, and because the Roma and Sinti are widely but thinly 
distributed around the country in a way that made Romani-language 
schools impractical. Resident foreigners and minority groups continued 
to voice credible concerns about societal and job-related 
discrimination.
    Unemployment affected foreigners disproportionately, although at 
times this was due in part to inadequate language skills or 
nontransferable professional certifications of the job seekers (see 
Section 6.e.). The Federal Government and all states established 
permanent commissions to assist foreigners in their dealings with 
government and society.
Section 6. Worker Rights
    a. The Right of Association.--The Basic Law provides for the right 
of employees to associate freely, choose representatives, determine 
programs and policies in their interests, and publicize their views; 
and workers exercised these rights. The great majority of unionized 
workers (approximately 23 percent of the labor force) were organized in 
eight unions largely grouped by industry or service sector. These 
unions are affiliates of the German Trade Union Federation (DGB), which 
represents approximately 80 percent of organized workers. Other unions 
do exist, but represented small numbers of workers.
    The law effectively protects workers against antiunion 
discrimination. Complainants file their cases directly with the labor 
courts, which are the courts of first instance. Specialized labor court 
judges render decisions in these cases.

    b. The Right to Organize and Bargain Collectively.--The labor laws 
permit unions to conduct their activities without interference, and the 
Government generally protected this right in practice. The Basic Law 
protects the unions' right to strike, with some exceptions, and they 
were free to exercise this right; however, bargaining mechanisms 
minimized the number of work stoppages (in 2003, approximately 1 day of 
work was lost per 1,000 workers).
    Collective bargaining was widespread due to a well-developed system 
of contract negotiations with no governmental role; mediation was used 
infrequently. Basic wages and working conditions were negotiated at the 
industry level, but exceptions negotiated at the company level were 
fairly common during the year. In addition, some employers in the 
eastern part of the country refused to join employer associations, or 
withdrew from them, and then bargained independently with workers. Some 
firms in the West withdrew at least part of their work force from the 
jurisdiction of employer associations, complaining of rigidities in the 
industry-wide, multi-company, negotiating system. However, they did not 
refuse to bargain as individual enterprises.
    The Works Constitution Act regulates the right of works councils, 
which represent the interests of workers in relation to their 
employers. A works council may be elected in any private company 
employing at least five individuals. The rights of the works council 
include the right to be informed, consulted, and to participate in 
company decisions. Members of works councils do not have to be union 
representatives. Works councils often helped labor and management to 
settle problems before they become disruptive. ``Codetermination'' laws 
give workers in medium-sized or large companies significant voting 
representation on the companies' supervisory boards. This 
codetermination in the supervisory board extends to all company 
activities.
    Civil servants and personnel in sensitive or essential positions, 
such as members of the armed forces, do not have the right to strike. 
The International Labor Organization (ILO) continued to seek 
clarifications from the Government on policies and laws governing the 
labor rights of civil servants and continued to remind the Government 
that this restriction is not in line with ILO Convention 87 (on freedom 
of association), and has asked it to change its legislation 
accordingly. Similarly, teachers in the public service continue to be 
denied the right to strike. Collective bargaining agreements reached 
for public service workers who do have this right are usually extended 
by legislation to those who do not, although such extensions do not 
always include all of the provisions of those agreements. Workers not 
allowed to strike also have legal recourse through the courts to 
protect their rights.
    There are no export processing zones.

    c. Prohibition of Forced or Compulsory Labor.--The Basic Law and 
the federal statutes prohibit 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 
law prohibits the employment of children under the age of 15, with a 
few exceptions: Those 13 or 14 years of age may do farm work for up to 
3 hours per day or may deliver newspapers for up to 2 hours per day; 
and those 3 to 14 years of age may take part in cultural performances, 
albeit under stringent curbs on the kinds of activity, number of hours, 
and time of day. The Federal Economics and Labor Ministry effectively 
enforced the law through its Factory Inspection Bureau.

    e. Acceptable Conditions of Work.--There was no legislated or 
administratively determined minimum wage. Collective bargaining 
agreements set minimum pay rates and were enforceable by law for an 
estimated 80 to 90 percent of all wage and salary earners. The 
remaining 10 to 20 percent of workers were covered by either individual 
contracts or company-level contracts. The wages established by these 
processes provided a decent standard of living for a worker and family.
    Federal law limits the workweek to a maximum of 48 hours. 
Collective bargaining agreements, which covered 80 percent of the 
working population directly or indirectly, may provide for longer hours 
but must average no more than 48 hours per week over time. Provisions 
for overtime, holiday, and weekend pay varied depending upon the 
applicable collective bargaining agreement.
    Federal regulations limit the workweek to a maximum of 48 hours, 
but collective bargaining agreements permit greater flexibility, 
provided that the 48-hour average is not exceeded over time. Agreements 
regulating the number of hours of work per week covered 80 percent of 
the working population directly or indirectly; the number of hours of 
work per week was regulated by contracts that directly or indirectly 
affected 80 percent of the working population. In 2002, the average 
workweek for industrial workers was 39.6 hours nationwide, according to 
2002 data from the Organization for Economic and Cooperation in Europe. 
Provisions for overtime, holiday, and weekend pay varied depending upon 
the applicable collective bargaining agreement.
    An extensive set of laws and regulations on occupational safety and 
health was enforced by the Economics and Labor Ministry and its 
counterparts in the states. A comprehensive system of worker insurance 
carriers enforces safety requirements in the workplace. At the local 
level, professional and trade associations, which are self-governing 
public corporations with delegates both from the employers and from the 
unions, oversaw worker safety. The law provides for the right to refuse 
to perform dangerous or unhealthy work without jeopardy to continued 
employment.
    Foreign workers legally in the country were protected by law and 
generally worked in conditions equal to that of citizens; however, such 
workers faced some wage discrimination. For example, foreign teachers 
in some schools were paid less than their German counterparts. In 
addition, seasonal workers from Eastern Europe who came to the country 
on temporary work permits often received wages below those of citizens. 
Workers from other EU countries at times were employed at the same 
wages they would receive in their home country, even if the 
corresponding German worker would receive a higher wage. Foreigners who 
were employed illegally, particularly in the construction industry in 
Berlin, were likely to receive substandard wages.

                               __________

                                 GREECE

    Greece is a constitutional republic and multiparty parliamentary 
democracy. On March 7, the New Democracy party won the majority of 
seats in the unicameral Vouli (parliament) in free and fair elections. 
Its leader, Constantinos Karamanlis, has been Prime Minister since 
March. The judiciary is independent.
    The national police and security services are responsible for 
internal security and are under the Ministry of Public Order. Civilian 
authorities maintained effective control of all security forces. Some 
members of the police and security forces committed human rights 
abuses.
    The country has a market economy with a large public sector and a 
population of approximately 11 million. For the year, economic growth 
was estimated at 4 percent and inflation at 3.5 percent. Wages 
generally kept pace with inflation.
    The Government generally respected the human rights of its 
citizens; however, there were problems in some areas. Security forces 
sometimes abused persons, particularly illegal immigrants and Roma. 
There were reports of police torture of illegal immigrants. 
Overcrowding and harsh conditions continued in some prisons. Police 
sweeps resulted in the detention of undocumented immigrants, frequently 
under squalid conditions. There were legal limits on the freedom of 
association of ethnic minorities. Some leaders of minority religions 
reported difficulty with the authorities, but others noted a general 
improvement in government tolerance. Despite Vouli approval, 
construction of a new Islamic cultural center and mosque in Athens had 
not started by year's end, and Muslims in Athens continued praying in 
unofficial mosques. Laws that restricted freedom of speech remained in 
force, and some legal restrictions and administrative obstacles on 
freedom of religion persisted. Violence and discrimination against 
women were problems. Women are underrepresented at the decision-making 
level in political, economic, and academic fields. Discrimination 
against ethnic minorities and Roma remained a problem. There were 
reports that foreign children were forced into begging, including by 
their families. Trafficking in women and children was a problem. Many 
Roma lived in sub-standard conditions, and their settlements often 
lacked access to running water, electricity, sanitation, and other 
essential services. Romani children often were not enrolled in school 
or dropped out at a very early stage of their schooling.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Arbitrary and Unlawful Deprivation of Life.--There were no 
reports of the arbitrary or unlawful deprivation of life committed by 
the Government or its agents.
    In August, two police officers were charged with homicide for the 
December 2003 killing of a person who did not stop at a routine 
automobile checkpoint in Herakleion, Crete; however, a trial date had 
not been set by year's end.
    A border policeman was charged with homicide in the September 2003 
shooting and killing of an Albanian who was trying to cross illegally 
into the country. The policeman's trial was scheduled for February 
2005.
    During the year, at least 16 migrants died and at least 8 others 
were severely injured in poorly marked minefields on the border with 
Turkey.
    In October, a court sentenced four members of the terrorist group 
Peoples' Revolutionary Struggle (ELA) to 25 years in prison for the 
1994 murder of a police officer, attempted murders, bombings, and 
possession of firearms and explosives. A court was scheduled to hear 
appeals of the convictions in February 2005.
    A court hearing was scheduled for December 2005 on the appeals of 
15 members of the terrorist group Revolutionary Organization 17 
November who were convicted and sentenced in December 2003 for crimes 
including homicide.

    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, security forces 
abused some persons, particularly immigrants and Roma (see Section 5).
    Human rights nongovernmental organizations (NGOs) have repeatedly 
alleged that illegal immigrants and refugees are subjected to violence 
by border guards and coast guard officers when caught entering the 
country illegally.
    In August, two civilians alleged that police beat them in Pyrgos, 
Peloponnese during a routine identity check. The local police director 
ordered an inquiry; however, no results had been released by year's 
end.
    Amnesty International alleged that 3 armed forces officers abused 
and beat 10 illegal immigrants on an islet in the Aegean in September. 
The Army general staff ordered an inquiry into the charges; however, no 
results were announced by year's end.
    In December, police officers allegedly subjected a group of Afghan 
asylum-seekers to interrogation techniques that included torture (see 
Section 2.d.).
    There were no developments by year's end in either the civil 
lawsuit against three officers or the police investigation arising from 
the allegations of two Kalamata high school students that police beat 
them during a routine identity check in July 2003.
    There were no developments in the July 2003 case of two Britons who 
alleged that police beat them.
    By year's end, authorities had not taken any action on the 
September 2003 allegations that border police tortured three migrants 
attempting to return to Albania.
    In September, in the first trial of its kind for immigrant abuse, 
the Military Court of Thessaloniki sentenced a former conscript to a 1-
year suspended prison term for shooting and injuring an elderly 
Albanian at the border in 2002. During the trial, the NGOs Greek 
Helsinki Monitor and Albanian Helsinki Committee presented the court 
with 25 similar cases.
    There were no developments during the year in the Ministry of 
Public Order investigations into the alleged 2002 police torture of 
Nigerian national Joseph Okeke or the alleged 2002 beating and torture 
of Yannis Papacostas in a police station near Athens. In January, the 
NGO Greek Helsinki Monitor filed an application with the European Court 
of Human Rights (ECHR) alleging violation of the article of the 
European Convention on Human Rights that prohibits torture and inhuman 
or degrading treatment or punishment.
    On October 15, the naval court of Hania sentenced one Coast Guard 
officer to a 2-year suspended prison term for sexual assault and 
sentenced five other officers to 1-year suspended prison terms for 
abuse and maltreatment. The victims, who were part of a group of 
approximately 160 migrants on a Turkish boat towed by the Coast Guard 
in 2001, claimed that the officers beat them while they were detained 
in Crete.
    Security forces reportedly arrested and beat journalists during the 
year (see Section 2.a.).
    Police abused Roma more frequently than other minority groups. 
Immigrants, including Albanians, also accused police of abuse (see 
Section 5).
    Conditions in some prisons remained harsh due to overcrowding and 
outdated facilities. As of October, the Ministry of Justice reported 
that the total prison population was 8,541, while the total capacity of 
the prison system was 5,584. Juveniles were generally held separately 
from adults, and women were held separately from men. Pretrial 
detainees were held with a few convicted prisoners awaiting trials in 
Korydallos Prison. Construction continued on four new prisons.
    Conditions in detention centers for illegal immigrants remained 
harsh, particularly for females at the Drapetsona detention center (see 
Section 2.d.).
    According to local and international independent human rights 
observers, the Government did not consistently permit these observers' 
visits to police detention centers, to detention centers for illegal 
immigrants, or to prisons. International human rights observers 
reported fewer problems in having their requests for visits granted 
than did local human rights observers. A Ministry of Justice 
representative stated that requests for prison visits had not been made 
during the year.

    d. Arbitrary Arrest or Detention.--The Constitution prohibits 
arbitrary arrest and detention; however, the police conducted large-
scale sweeps and temporarily detained large numbers of foreigners, 
often under squalid conditions, while determining their residence 
status. Some foreigners were detained indefinitely without judicial 
review.
    All police forces are under the authority of the Ministry of Public 
Order. During the year, the Bureau of Internal Affairs of the Ministry 
of Public Order took several disciplinary measures, including dismissal 
and suspension, against officers involved in corruption, primarily for 
forging documents and taking bribes. During the year, 325 complaints 
were filed with the Bureau. Most charges against police involved 
violation of duty, false certificates, abuse of power, corruption, 
violations with arms and explosives, illegal release of persons in 
police custody, pimping, and violations relating to alien registration. 
By the end of the year, the Bureau filed lawsuits against 75 policemen, 
20 civil servants, and 78 civilians.
    The press and the Greek Helsinki Monitor alleged that penalties for 
corrupt or abusive police were too weak and discouraged citizens from 
pressing charges against police. A weak record of prosecution of police 
misbehavior supported these claims.
    In October, an Ombudsman's report on internal inquiries into 
maltreatment and abuse of citizens by the police found that penalties 
against police were imposed mainly in cases made public by the press; 
that the results of the inquiries were not made known to interested 
parties without the intervention of the Ombudsman; and that police 
authorities were generally not inclined to launch inquiries or to 
discipline their personnel.
    A June 2003 Ombudsman's report on police abuse found that police 
took citizens to detention centers for arbitrary identity checks, used 
insulting language and threats of force, and conducted bodily searches 
in public. Most citizens were released within hours of being detained 
for identity checks.
    Police corruption was a problem. While the anticorruption unit of 
the Hellenic Police stated the problem was decreasing, human rights and 
antitrafficking groups said that anticorruption efforts needed to be 
given higher priority.
    The Constitution requires judicial warrants for arrests except when 
they are made during the commission of a crime, and the law prohibits 
arbitrary arrest orders; the authorities generally respected these 
provisions in practice. By law, the police must bring persons who are 
detained or arrested before an examining magistrate within 24 hours. 
The magistrate must issue a detention warrant or order their release 
within 3 days unless special circumstances justify a 2-day extension of 
this limit.
    Defendants have the right to legal counsel. In felony cases, the 
Bar Association provides lawyers to defendants who prove they cannot 
afford legal counsel.
    Defendants brought to court on the day following the alleged 
commission of a misdemeanor may be tried immediately under expedited 
procedures. Although legal safeguards, including representation by 
counsel, apply in expedited procedure cases, the short time period 
limited defendants' ability to present an adequate defense. Defendants 
may request a delay to prepare a defense, but the court is not obliged 
to grant it. Expedited procedures were used in less than 10 percent of 
applicable cases.
    Detention of both illegal and legal immigrants by police was 
common. The police conducted many large-scale sweeps of neighborhoods 
populated by immigrants, temporarily detaining large numbers of 
individuals while determining their residence status. Police sweeps 
were heightened in the period before the Olympic Games.
    Police regularly detained members of the Church of Jesus Christ of 
Latter-day Saints and Jehovah's Witnesses, usually after receiving 
complaints that they were proselytizing (see Section 2.c.).
    The law allows pretrial detention for up to 18 months for felonies 
and 9 months for misdemeanors. Defense lawyers asserted that pretrial 
detention is excessively long and overused by judges. A panel of judges 
may release detainees pending trial, with or without bail. Pretrial 
detainees made up 31 percent of those incarcerated and contributed to 
overcrowding.

    e. Denial of Fair Public Trial.--The Constitution provides for an 
independent judiciary, and the Government generally respected this 
provision in practice.
    The judicial system consists of three levels of civil courts (first 
instance, appeals, and supreme), three levels of criminal courts (first 
instance--divided into misdemeanor and felony divisions, appeals, and 
supreme), appointed judges, and an examining magistrate system, with 
trials by judicial panels.
    The Constitution provides for the right to a fair trial, and an 
independent judiciary generally enforced this right.
    Due to serious bureaucratic problems in the legalization process 
for immigrants, many aliens were in a semi-legal status (had expired 
permits but had filed for renewal, or were entitled to renewal but a 
renewal stamp had not yet been placed in their passports) and were 
subject to deportation without legal process following police sweeps.
    Defendants who do not speak Greek have the right to a court-
appointed interpreter. According to several immigrant associations in 
Athens, the low fees paid for such work often resulted in poor 
interpretation. Foreign defendants who used these interpreters 
frequently complained that they did not understand the proceedings at 
their trials. Defendants often were not advised of their rights during 
arrest in a language that they could understand. Several complained 
that they were not shown the Hellenic Police Informational Bulletin, 
which contains prisoners' rights in a variety of languages, and that 
they were forced to sign blank documents later used for their 
deportation.
    There were no reports of political prisoners.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The Constitution prohibits the invasion of privacy and 
searches without warrants, and the law permits the monitoring of 
personal communications only under strict judicial controls; however, 
these provisions were not always respected in practice.
    Turcophone and Slavophone activists complained of continued police 
surveillance. Police conducted regular raids and searches of Romani 
neighborhoods for alleged criminal suspects, drugs, and weapons. Local 
authorities evicted or threatened to evict Roma from camps and tent 
dwellings during the year (see Section 5).
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The Constitution provides for 
freedom of speech and of the press, and the Government generally 
respected these rights in practice; however, legal restrictions on free 
speech remained in force. The law prohibits exposing to danger of 
disturbance the friendly relations of the state with foreign states; 
spreading false information and rumors liable to create concern and 
fear among citizens and cause disturbances in the country's 
international relations; and inciting citizens to rivalry and division 
leading to disturbing the peace or acts of violence. However, these 
prohibitions were very rarely invoked. In most criminal defamation 
cases, defendants typically were released on bail pending appeal 
without serving time in jail.
    In August, two foreign journalists alleged that the Coast Guard 
arrested, insulted, and beat them when they attempted to film a 
restricted security area of the port of Piraeus during the Olympic 
Games. The journalists filed a complaint and the Merchant Marine 
Ministry ordered an inquiry. No results were available by year's end.
    The Constitution provides that the Government exercise ``immediate 
control'' over radio and television, and the law establishes ownership 
limits on media frequencies. The Ministry of Press and Mass Media has 
final authority over radio and television licensing; the National Radio 
and Television Council (ESR) has an advisory role.
    Independent radio and television stations were active and expressed 
a wide variety of views with little government restriction. State-run 
stations tended to emphasize the Government's views but also reported 
objectively on other parties' programs and positions. Turkish-language 
television programs were widely available via satellite in Thrace.
    There were numerous independent newspapers and magazines. Satirical 
and opposition newspapers routinely criticized state authorities. 
Members of ethnic, religious, and linguistic minorities were generally 
able to publish materials freely, often in their native language.
    The Constitution allows for seizure, by order of the public 
prosecutor, of publications that insult the President, offend religious 
beliefs, contain obscene articles, advocate violent overthrow of the 
political system, or disclose military and defense information. There 
were no such seizures during the year.
    The Greek publisher and Austrian author of a comic book that police 
deemed insulting to the Christian faith were scheduled to stand trial 
on blasphemy charges in January 2005. In February 2003, police 
confiscated approximately 50 copies of the comic book from bookstores.
    In July, police seized equipment and arrested the owner of a 
private radio station in Northern Greece that had been broadcasting in 
a Slavophone dialect. The police shut down the station on grounds that 
it did not have a license to broadcast. The station claimed that it was 
singled out because of its ethnic affiliation, since there were many 
other radio stations in the northern part of the country that operated 
without proper licenses.
    In May, the European Court of Human Rights (ECHR) ruled that a 
court had violated the European Convention on Human Rights and awarded 
two journalists $42,500 (32,179 euros). The case stemmed from an 
article the journalists wrote in 1995 describing unlawful conduct by 
public prosecutors in Preveza, Epirus, and the political ties that 
protected the prosecutors. The ECHR reversed a court award against the 
journalists for disparaging the honor and reputation of one of the 
prosecutors.
    The Government did not restrict academic freedom.

    b. Freedom of Peaceful Assembly and Association.--The Constitution 
provides for the freedoms of assembly and association, and the 
Government generally respected these rights in practice; however, the 
courts continued to place legal restrictions on the names of 
associations involving ethnic minorities (see Section 5).

    c. Freedom of Religion.--The Constitution provides for freedom of 
religion; however, non-Orthodox groups at times faced administrative 
obstacles or legal restrictions on religious practices.
    The Constitution establishes the Eastern Orthodox Church of Christ 
(Greek Orthodoxy) as the ``prevailing'' religion. The Greek Orthodox 
Church exercised significant political and economic influence. The 
Government financially supported the Greek Orthodox Church and also 
paid the salaries and some expenses of the two official Muslim 
religious leaders in Thrace.
    The Government, by virtue of the Orthodox Church's status as the 
prevailing religion, recognizes de facto its canon law. Privileges and 
legal prerogatives granted to the Greek Orthodox Church are not 
extended routinely to other recognized religions. Greek Orthodox Church 
officials refused to enter into dialogue with religious groups they 
considered harmful to Greek Orthodox worshipers and instructed their 
members to shun members of these faiths.
    The Government did not have an established procedure for 
recognizing religions. Recognition was granted indirectly by applying 
for and receiving a ``house of prayer'' permit. Some newer religions 
had problems getting these permits. Although Jehovah's Witnesses have a 
recognized religion, members continued to face harassment, mainly in 
the form of arbitrary identity checks.
    Several religious denominations reported difficulties dealing with 
the authorities on a variety of administrative matters.
    Despite the Vouli's approval of a bill in 2003 allowing 
construction of the first Islamic cultural center and mosque in the 
Athens area, no construction had started by the end of the year and, as 
a consequence, Muslims in Athens continued congregating in about 25 
unofficial prayer rooms.
    Muslims are accorded the status of an official minority in Thrace, 
and the Government selects two official Muslim religious leaders, or 
``muftis,'' there. While much of the community accepted the two 
officially appointed muftis, some Muslims, with support from Turkey, 
``elected'' two different muftis. The courts repeatedly convicted one 
mufti for usurping the authority of the official mufti; however, his 
sentences remained suspended and were pending appeal at year's end.
    Non-Orthodox citizens claimed that they faced career limits in the 
military, police, fire-fighting forces, and civil service due to their 
religion. The employment rate of Muslims in the public sector and in 
state-owned companies was much lower than the Muslim percentage of the 
population.
    The law requires that recognized religious groups obtain permits 
from the Ministry of Education and Religion to open houses of worship. 
By law, the Ministry may base a permit decision on the opinion of the 
local Greek Orthodox bishop. According to Ministry officials, once a 
recognized religion received a permit, applications for additional 
houses of prayer were approved routinely. Non-Greek Orthodox churches 
must provide separate and lengthy applications to authorities on such 
matters as gaining permission to move places of worship to larger 
facilities. In May, a priest defrocked by the Greek Orthodox Church in 
the northern part of the country (but still in good standing with the 
Orthodox Church in the Republic of Macedonia) was given a 3-month 
suspended prison sentence for holding religious services without a 
house of prayer permit. There was no decision on the priest's appeal of 
the judgment at year's end.
    The Scientologists have not been able to register or build a house 
of prayer. Followers of the ancient Greek religions applied twice in 
the last 3 years for a house of prayer permit but have not received an 
official response to their applications, despite advice of the 
Ombudsman to the Ministry of Education and Religions to officially 
respond to their requests.
    The Constitution prohibits proselytizing and stipulates that 
religious rites may not disturb public order or offend moral 
principles. Police regularly detained members of the Church of Jesus 
Christ of Latter-day Saints (Mormons) and Jehovah's Witnesses (on 
average once every 2 weeks), usually after receiving complaints that 
they were engaged in proselytizing. In most cases, police held these 
persons for several hours and then released them without filing 
charges. Many reported that police did not allow them to call their 
lawyers and verbally abused them for their religious beliefs.
    Several foreign religious groups, including Protestant groups and 
Mormons, continued to report difficulty renewing the visas of their 
non-European Union (EU) citizen ministers because there is not a 
distinct visa category for religious workers and because of the 
Government's restrictive interpretation of its obligations to control 
entry to non-EU citizens under the Schengen Treaty.
    Religious instruction was mandatory for all Greek Orthodox students 
in primary and secondary schools, but not for non-Orthodox students. 
Some government-approved religious textbooks made derogatory statements 
about non-Greek Orthodox faiths. Members of the Muslim community in 
Athens sought Islamic religious instruction for their children. Since 
schools did not supervise non-Orthodox children while Greek Orthodox 
children were taking religious instruction, the community complained 
that parents were effectively forced to have their children attend 
Greek Orthodox classes. In Thrace, the Government subsidized public 
schools for the Muslim minority and two Koranic schools. Turcophone 
activists criticized the quality of instruction at the minority schools 
and the state-sponsored Pedagogical Academy that trains teachers.
    Anti-Semitism continued to exist, both in the mainstream and 
extremist press, and the press and public often did not clearly 
distinguish between criticism of Israel and comments about Jewish 
persons. The European Commission against Racism and Intolerance (ECRI), 
the Wiesenthal Center, the Greek Helsinki Monitor, and the Anti-
Defamation League criticized the press for carrying anti-Semitic 
stories and cartoons on several occasions during the year, particularly 
after Israeli forces killed Hamas leader Sheik Yassin.
    Vandalism of Jewish monuments continued to be a problem, although 
the Government generally condemned such acts. In August, unknown 
persons desecrated a recently erected Holocaust memorial in Komotini. 
Police did not find the perpetrators in the reported 2003 desecration 
of monuments in Ioannina, and the cases were still open at year's end. 
Extreme right-wing groups painted anti-Semitic graffiti along with 
their symbols and organization names at several spots on the busy 
Athens-Corinth Highway. Some schoolbooks carried negative references to 
Roman Catholics, Jewish persons, and others. Bookstores sold and 
displayed anti-Semitic literature including the ``Protocols of the 
Elders of Zion.''
    The Wiesenthal Center issued a travel advisory in November 2003 
warning Jewish visitors about the failure of the country to curb 
growing anti-Semitism. The Greek Helsinki Monitor and the Wiesenthal 
Center protested the revival of traditions such as the burning of an 
effigy of Judas on some islands, sometimes known locally as the 
``burning of the Jew,'' which they maintained propagated hatred and 
fanaticism against Jews.
    The Popular Orthodox Herald Party (LAOS), a small, extreme right-
wing party, employed virulent nationalism, anti-Semitism, racism, and 
xenophobia. In June, LAOS leader George Karatzaferis won a seat in 
elections to the European Parliament. The extreme right-wing group 
``Golden Dawn'' regularly painted anti-Semitic graffiti on bridges and 
other structures throughout the country.
    Jewish community leaders have condemned anti-Semitic broadcasts on 
small private television stations, but authorities have not brought 
charges against these largely unlicensed operators.
    On January 15, the Vouli approved declaring January 27 as Holocaust 
Remembrance Day, which was commemorated with events in Athens and 
Thessaloniki.
    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 permits the Government to remove citizenship from persons 
who commit acts contrary to the interests of the country for the 
benefit of a foreign state. While the law applies to citizens 
regardless of ethnicity, it has been enforced, in all but one case, 
only against citizens who identified themselves as members of the 
``Macedonian'' minority. The Government did not reveal the number of 
such cases; there were no reports of new cases during the year. Dual 
citizens who lost their citizenship under this provision sometimes were 
prevented from entering the country on the passport of their second 
nationality. Activists charged that several expatriate Slavo-
Macedonians, whose names appeared on a ``black list'' were barred from 
entering the country.
    The Government has issued identification documents characterizing 
persons as ``stateless'' to 143 persons--mainly Muslims in Thrace--who 
lost their citizenship under a provision of the law that was repealed 
in 1998 and has permitted them to apply to reacquire citizenship. As of 
October, 65 of 111 applications had been granted and 46 were pending. 
In its Third Report on Greece, the ECRI strongly recommended that 
authorities take steps to facilitate recovery of citizenship to these 
persons.
    The Constitution prohibits forced exile, and the Government did not 
employ it.
    The law provides for the granting of asylum and refugee status in 
accordance with the 1951 U.N. Convention Relating to the Status of 
Refugees or its 1967 Protocol. However, the Government has largely not 
enforced a 1999 presidential decree that brought the law into 
compliance with the standards of the U.N. High Commissioner for 
Refugees (UNHCR) with regard to asylum procedures.
    In practice, the Government provided minimal protection against 
refoulement, the return of persons to a country where they feared 
persecution. However, the UNHCR, the Greek Council for Refugees, and 
the ECRI expressed concern that very few applicants were granted asylum 
without UNHCR involvement and that a publicly funded legal aid system 
was not available to provide counseling for asylum-seekers and 
refugees. During the first 9 months of the year, the Government granted 
refugee status to 11 (or 0.3 percent) of 3,450 applicants. The 
Government also provided temporary protection to individuals who do not 
qualify as asylees or refugees. During the first 9 months of the year, 
the Government granted temporary residence to 19 persons on 
humanitarian grounds. The overall recognition rate (convention and 
humanitarian status) amounted to 0.9 percent. The Government cooperated 
with the office of the UNHCR and other humanitarian organizations in 
assisting refugees and asylum seekers. Individuals recognized as 
refugees are eligible for residency and work permits necessary to 
settle permanently.
    The UNHCR, the Greek Council for Refugees, the U.N. Committee 
Against Torture, and the ECRI expressed concern about the country's 
asylum policy and practices, citing its insufficient reception 
facilities, low refugee recognition rates, underdeveloped systems for 
providing for refugee welfare, and insufficient counseling to assist 
integration of refugees and asylum seekers. Following the change of 
government in March, a group of domestic and international NGOs 
published a joint appeal that expressed concern over authorities' 
frequent violation of the rights of individuals who wished to apply for 
asylum, including local authorities' failure to inform them of their 
right to apply for asylum.
    In December, police officers allegedly subjected a group of 40-60 
Afghan asylum-seekers to interrogation techniques that included 
torture. The Prosecutor pressed felony charges against two policemen, 
who were awaiting trial at year's end.
    The Coast Guard reported that 1,793 illegal immigrants were 
arrested between January and September. Conditions for illegal 
immigrants detained by authorities were often harsh. The UNHCR observed 
improvements during the year in some detention centers, including on 
the islands of Chios and Mytilini; however, sub-standard conditions 
persisted in others. For example, although improvement was noted in 
some parts of the Evros region, an old warehouse continued to be used 
to house illegal immigrants while a new reception center had not yet 
opened. Foreign observers reported ``degrading'' conditions in most of 
the refugee/immigrant detention centers. In September, 221 illegal 
immigrants, including 4 children, were held in Samos in a former 
warehouse with a 100-person capacity and only 2 toilets.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The Constitution provides citizens with the right to change their 
government peacefully, and citizens exercised this right in practice 
through periodic, free, and fair elections held on the basis of 
universal suffrage.
    On March 7, the New Democracy party won the majority of seats in 
the Vouli in free and fair elections. Opposition parties functioned 
freely and had broad access to the media. Voting is mandatory for 
citizens over age 18; however, there are many conditions under which 
citizens may be exempted from voting, and the Government did not apply 
any penalty for not voting.
    Romani representatives reported that local authorities sometimes 
deprived Roma of the right to vote by refusing to register them. Many 
Roma had difficulty meeting municipal residency requirements to 
register to vote.
    Corruption was a problem. International NGOs and human rights and 
antitrafficking groups stated that anticorruption efforts needed to be 
a higher government priority. In December, a number of judges were 
implicated in corruption. Government officials, including a former 
Justice Minister, and the Athens Bar Association called for immediate 
investigations to protect the integrity of the justice system.
    There were 38 women in the 300-seat Vouli, including the Speaker, 
the first woman to hold the position. There was 1 woman among the 19 
ministers in the Cabinet, and women held 1 of the 27 subministerial 
positions. A quota system requires 30 percent of all local government 
candidates to be women.
    There was 1 member of the Muslim minority in the 300-seat Vouli. 
There were no members of minorities in the Cabinet. There were 
occasionally complaints that the Government limited the right of some 
individuals, particularly Muslims and Slavo-Macedonians, to speak 
publicly and associate freely on the basis of their self-proclaimed 
ethnic identity.
    A government-appointed regional administrator of Eastern Macedonia 
and Thrace has statutory responsibility for oversight of rights 
provided the Muslim minority in Thrace, but the Ministry of Foreign 
Affairs retains an important advisory role.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    A wide variety of domestic and international human rights groups 
generally operated without restriction in the country, investigating 
and publishing their findings on human rights cases; however, the 
Government's cooperation with domestic groups varied. The Government 
usually cooperated with international human rights groups, had good 
working relations with them, and made an effort to take their views 
into account.
    There was a government ombudsman whose office provided an effective 
means for citizens to address human rights and religious freedom 
problems. The office was granted adequate resources to perform its 
functions and was widely recognized. In the first 9 months of the year, 
the office had received 1,274 complaints, of which 47 were directly 
related to human rights and the remainder related to civic rights and 
civic differences.
    The government-funded National Human Rights Committee is an 
autonomous human rights body that operates independently of government 
or party control or influence. The Committee is the Government's 
advisory organ on protection of human rights and had adequate 
resources. It cooperated effectively with the Government to promote 
legislation protecting and enhancing human rights. During the year, it 
produced reports and recommendations on human rights problems, 
including human rights standards for law enforcement, antiterrorism 
measures, and application of EU legislation against discrimination.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The Constitution provides for equality before the law irrespective 
of nationality, race, language, or political belief; however, 
government respect for these rights was inconsistent in practice.

    Women.--Violence against women was a problem. The law does not 
specifically prohibit domestic violence; however, it can be prosecuted 
under the general assault statute. The General Secretariat for the 
Equality of the Sexes (GSES), an independent government agency, 
provided counseling and assistance to domestic violence victims. The 
reported incidence of violence against women was low; however, the GSES 
believed that the actual incidence was high. The GSES estimated that 
only 6 to 10 percent of victims contacted the police, and only a small 
fraction of those cases reached trial. The GSES claimed that police 
tended to discourage women from pursuing domestic violence charges, 
instead encouraging them to undertake reconciliation efforts, and that 
courts were lenient when dealing with domestic violence cases. The 
GSES, in cooperation with the Ministry of Public Order, continued 
courses to train police on how to deal with domestic violence victims.
    Two GSES shelters for battered women and their children, in Athens 
and Piraeus, offered services, including legal and psychological help. 
The GSES operated a 24-hour emergency telephone hotline for abused 
women. The Ministry of Health and Welfare's Emergency Social Care Unit 
also operated a hotline providing referrals and psychological 
counseling.
    Nonconsensual sex in any setting is a crime; however, there is no 
specific spousal rape law. Conviction rates for rape were low for first 
time offenders, but sentences were harsh for repeat offenders. There 
have been no cases of spousal rape before the courts in recent years.
    Prostitution is legal at the age of 18. Prostitutes must register 
at the local prefecture and carry a medical card that is updated every 
2 weeks. It was estimated that fewer than 1,000 women were legally 
employed as prostitutes. Approximately 20,000 women, most of foreign 
origin, worked as illegal prostitutes. According to experts, a 
significant number of these women were trafficking victims (see Section 
5, Trafficking).
    The law prohibits sexual harassment, but penalties are lenient. The 
Government has not yet implemented an EU directive on sexual harassment 
that provides guidelines for sanctions, legal action, and compensation 
for victims. Unions reported that lawsuits for sexual harassment were 
very rare and that only four women had filed such charges in the past 5 
years. In all four cases, the courts reportedly imposed very lenient 
civil sentences. The state-run Research Center for Equality reported 
that 10 percent of women have experienced sexual harassment in the 
workplace. The vast majority of these quit their jobs and did not file 
charges.
    The law provides for equal pay for equal work; however, according 
to official statistics in 2003, women's pay amounted to 75.8 percent of 
men's pay. Although relatively few occupied senior positions, women 
continued to enter traditionally male-dominated occupations such as the 
legal and medical professions in larger numbers. Women were 
underrepresented in labor unions' leadership. During the year, the Bank 
of Greece published a report noting that unemployment was much higher 
among women than men (15 percent and 6.6 percent, respectively), while 
women constituted just 42.5 percent of the work force. Women's 
employment in part-time jobs was 8.1 percent while men's was 2.3 
percent.
    The GSES operated regional employment offices for women in 
Thessaloniki and Patras that provided vocational training for 
unemployed women, programs to reinforce entrepreneurship, subsidies to 
establish businesses, and information and counseling to unemployed 
women. It also operated childcare facilities to enable unemployed women 
to attend training courses and look for jobs.

    Children.--The Government was strongly committed to children's 
rights and welfare and amply funded a system of public education and 
health care. Government agencies with responsibility for children's 
issues included the National Organization for Social Care, which had a 
national network of offices and was active in the field of child 
protection. There was also a department for children's rights in the 
Ombudsman's office.
    Education was free and compulsory through the ninth grade. 
According to the 2001 census, 99.4 percent of school-age children 
attended school; however, noncompliance with the compulsory education 
requirement was a significant problem in the Romani community. 
University education was public and free at all levels, but the number 
of applicants greatly exceeded available places. Most children 
completed secondary education.
    Violence against children was a problem; however, there was no 
societal pattern of abuse. The law prohibits the mistreatment of 
children and sets penalties for violators, and the Government 
effectively enforced these provisions. No national data existed on the 
incidence of child abuse; authorities, other than police, were not 
required to report such cases. According to UNICEF and local NGOs, the 
majority of street children (usually indigenous Roma or Albanian Roma) 
were exploited by family members who forced them to work in the 
streets, usually begging or selling small items.
    Welfare laws provide for preventive and treatment programs for 
abused and neglected children. These laws seek to ensure the 
availability of alternative family care or institutional placement. 
However, children's rights advocacy groups claimed that government 
residential care centers provided inadequate and low quality protection 
of children at high risk of abuse due to a lack of coordination between 
welfare services and the courts, inadequate funding of the welfare 
system, and poor staffing of the care centers. Athens had two municipal 
shelters for battered children. Child health specialists noted that the 
number of children in residential care facilities was decreasing, while 
the number in foster care was rising. With EU funding, special care was 
available for juvenile offenders, Romani children, children from remote 
mountain and island areas, and children with disabilities.
    In 2003, the Government ended a program to shelter street children 
from Albania due to a lack of eligible children. The U.N. Committee 
Against Torture expressed concern that inadequate measures had been 
taken to protect children picked up by the security police and taken 
into state care during the 1998-2003 period. The Prosecutor accepted a 
criminal complaint submitted by the Greek Helsinki Monitor and an 
appeal by the U.N. Committee Against Torture and, in December, pressed 
felony charges against members of the administration of the Agia 
Varvara shelter relating to the case of 502 Albanian children that 
remained unaccounted for after being kept in state custody in the 
shelter program between 1998 and 2003.
    There were reports that trafficking of children--mainly for forced 
labor and sexual exploitation--was a problem (see Sections 5, 
Trafficking and 6.d.).

    Trafficking in Persons.--The law prohibits trafficking in persons; 
however, the country was both a transit and destination country for 
significant numbers of women, men, and children trafficked for the 
purposes of sexual exploitation and forced labor. There were 
allegations that some police officers were involved in trafficking 
rings or accepted bribes from traffickers.
    The law considers trafficking in persons a criminal offense and 
provides for imprisonment of up to 10 years and fines of approximately 
$13,500 to $67,500 (10,000 to 50,000 euros) for convicted traffickers. 
Penalties are harsher for traffickers of children.
    During the year, police investigated 65 trafficking cases, of which 
29 were allegedly committed by criminal networks, charged 352 persons 
with trafficking-related crimes, and located 181 victims of 
trafficking, although NGOs reported there were many more victims during 
the period. In June, two child traffickers in the border region of 
Evros were given 13- and 14-year prison sentences and fined $94,500-
97,200 (70,000-72,000 euros) each; they were in prison awaiting the 
outcome of their appeals at year's end. Comprehensive conviction 
information was not available at year's end.
    Ministries with primary responsibility for combating trafficking 
are Health and Welfare, Justice, Public Order, and Foreign Affairs, 
with support from the Ministries of Interior, Equality, Economy and 
Finance, Education, and Employment and Social Protection. There is a 
governmental National Coordinator for Combating Trafficking in Persons 
and an interministerial committee to coordinate antitrafficking 
efforts. In June, the Government designated two special prosecutors to 
lead an informal group to standardize government efforts to screen 
women for victims of trafficking, transfer detained victims to 
shelters, and prosecute trafficking cases.
    During the year, the country's law enforcement agencies 
participated in a multinational regionwide antitrafficking effort 
called ``Mirage 2004.''
    The country was both a transit and destination country for 
trafficked women, men, and children. Major countries of origin included 
Ukraine, Russia, Bulgaria, Albania, Moldova, Romania, and Belarus. 
Women from many other countries were trafficked to the country and in 
some cases were reportedly trafficked on to Italy and other EU 
countries as well as to the Middle East.
    According to one academic observer, trafficking in women and 
children for prostitution in the country has decreased since the end of 
2002. The observer estimated that approximately 40,000 women and 
children, most between the ages of 12 and 25, were trafficked to the 
country for prostitution each year between 1998 and 2002, but decreased 
to 20,000 in 2003 and to 13,000 in the reporting year. Unofficial NGO 
estimates placed approximately 13,000 to 14,000 trafficked women and 
girls in the country at any given time, although authorities estimated 
the number of trafficked women and children was much lower.
    Trafficking of children was a problem. While NGOs and police 
reported that child trafficking decreased during the year, the practice 
persisted. Most child trafficking victims were Albanian Roma children 
trafficked for labor exploitation or teenage girls trafficked for 
commercial sexual exploitation. Albanian children made up the majority 
of children trafficked for forced labor, begging, and stealing. There 
were reports that some Albanian Roma parents ``sold'' or ``rented'' 
their children to traffickers in exchange for a monthly income (see 
Section 6.d.); however, NGOs reported that the practice of ``renting'' 
children has dramatically decreased as it has become easier for 
Albanian parents to emigrate to the country. As recently as 2003, 
Albania police estimated that more than 1,000 children were trafficked 
in the country and forced to beg. The primary anti-child trafficking 
NGO reported that, of the 173 children it identified begging in the 
streets in the first 11 months of the year, 22 were victims of 
trafficking. During the Olympics, a child trafficking NGO did extensive 
street sweeps and located and repatriated six trafficked Albanian boys. 
An NGO that works on child-trafficking problems reported that some 
legalized Albanian immigrants residing in the country exploited their 
children.
    In July, police dismantled a network dealing in child pornography 
through the Internet. The perpetrators had developed a network of 
customers in 20 countries. At year's end, 11 Romanians were in 
detention and awaiting trail after their arrest in September 2003 for 
operating a forced child-begging racket in central Athens.
    Police often detained minors trafficked into the country as 
criminals. Those under the age of 12 were placed in state-run 
orphanages, while children as young as 13 were jailed for begging or 
illegal immigration. According to one NGO, the Government continued 
detaining and deporting children in groups, returning them to the 
border with Albania without ensuring either their reception by Albanian 
authorities or their protection from retrafficking, although smaller 
numbers of children were involved than in 2003. Few such repatriations 
were conducted with advance notice to prepare families or to transport 
the children safely. Some reports indicated that children were deported 
with less than 24 hours notice and without sufficient cross-border 
coordination.
    Some women and children arrived as ``tourists'' or illegal 
immigrants; seeking work, they were lured into prostitution by club 
owners who threatened them with deportation. Traffickers kidnapped some 
victims, including minors, from their homes abroad and smuggled them 
into the country, where they were sold to local procurers. Traffickers 
sometimes confined victims to apartments, hotels, and clubs against 
their will, failed to register them with authorities, and forced them 
to surrender their passports.
    Many antitrafficking activists alleged that some police officers 
were involved in trafficking rings or accepted bribes from traffickers, 
including organized crime networks. In June, a Thessaloniki Court 
sentenced three police officers to between 3 and 5 years in prison on 
corruption charges relating to their protection of a nightclub that 
employed trafficked women. The Bureau of Internal Affairs at the 
Ministry of Public Order investigated charges of police involvement but 
had not issued its report by year's end.
    During the year, the Ministry of Foreign Affairs allocated 
approximately $4.2 million (3.1 million euros) for antitrafficking 
projects to implement the August 2003 Presidential decree establishing 
shelters for trafficking victims and encouraging cooperation between 
the Government and NGOs. A number of domestic NGOs also worked on 
trafficking issues during the year, but victim protection measures and 
referral mechanisms remained weak. The Government supported 
antitrafficking NGOs that ran public service announcements to raise 
awareness of trafficking. The Government inaugurated a 24-hour hotline 
for trafficking victims, and there were additional hotlines operated by 
NGOs.
    On August 4, eight government ministries announced a comprehensive 
national action plan to fight human trafficking, including plans for 
legal assistance for victims, new public awareness campaigns, the use 
of Health Ministry centers to assist trafficking victims, creation of a 
national database on trafficking, and the amendment of the August 2003 
presidential decree to facilitate victim recognition, residence 
permits, and training programs.
    There were two government-run and three NGO-run shelters that 
assisted trafficking victims in Athens, and construction began on a 
shelter to be operated by Solidarity, an Orthodox church-affiliated 
NGO. There was one government-run shelter operating in Thessaloniki, 
and an additional NGO-run shelter for women opened in Thessaloniki in 
November. There was one shelter in Ioannina.
    During the year, the Government began issuing special residence/
work permits to trafficking victims; however, anecdotal reports 
indicated that trafficking victims continued to be deported. On June 3, 
the first residence permits were issued to two trafficked women, as 
provided for under the trafficking law. By November, there had been 24 
residence permits issued to trafficking victims.
    During the year, major radio stations and magazines carried 
announcements on trafficking in women and NGOs distributed 
antitrafficking brochures with funds from the Ministry of Foreign 
Affairs. The Ministry of Public Order published a multilingual ``know-
your-rights'' pamphlet designed to inform persons identified as 
possible trafficking victims of resources at their disposal.

    Persons With Disabilities.--There was no systemic discrimination 
against persons with disabilities in employment, education, access to 
health care, or in the provision of other government services. The law 
mandates access to buildings for persons with disabilities; however, 
authorities enforced this law poorly. Only 5 percent of public 
buildings were fully accessible to persons with disabilities; most 
buildings with special ramps did not have special elevators and 
lavatories. Research conducted in 2003 by the Medical School of Athens 
showed that most Athens sidewalks were inaccessible for persons with 
disabilities.
    The Ministry of Health and Welfare is responsible for providing 
welfare allowances and special schools to the disabled, but serious 
problems existed due to lack of personnel and funding. An organization 
for persons with disabilities alleged that only 10 percent of children 
with disabilities were able to attend school because many special 
schools were either closed or understaffed.
    During the year, special wheelchair lifts for persons with mobility 
problems were constructed on the Acropolis, and two beaches in the 
country became accessible to persons with disabilities. In addition, 
issues involving persons with disabilities received greater public 
attention as a result of the Paralympic Games in Athens.

    National/Racial/Ethnic Minorities.--Albanian immigrants who make up 
approximately 5 percent of the population faced widespread societal 
discrimination, although Albanian legal residents encountered less 
official discrimination than Albanians residing in the country 
illegally. Immigrants--mostly Albanian citizens--accused police of 
physical, verbal, and other mistreatment. These immigrants also 
reported the confiscation and destruction of personal documents, 
particularly during police sweeps to apprehend illegal immigrants. The 
media regularly blamed Albanians for a reported rise in crime in recent 
years. The country's sometimes difficult relations with Albania 
intensified the problem.
    On September 4, an Albanian immigrant was stabbed to death and 
approximately 20 others were injured during clashes across the country 
following a soccer game between the two countries. The Government 
condemned the incidents; police arrested one person in connection with 
the stabbing, who was awaiting trial at year's end. Immigrant 
associations denounced racist violence in the country and charged that 
police had not intervened to arrest far-right extremists.
    Widespread public debate continued during the year over whether 
``foreign'' students should be allowed to carry the Greek flag at local 
National Day parades, an honor that is normally accorded students with 
the highest marks in their school. In October, classmates of one such 
student in Achaia occupied their school to protest her carrying the 
flag, and she subsequently declined the honor. Ministry of Education 
officials and local authorities condemned the protesters, and the 
Nomarch of Achaia said that the students' attitude neither honored the 
Achaia region nor reflected the feelings of the citizens, parents, and 
the school community. Another student in the northern part of the 
country gave up the honor before his classmates reacted. High school 
students in Thessaloniki organized protests against a school board 
decision to give the flag to an Albanian student.
    A number of citizens identified themselves as Turks, Pomaks, 
Vlachs, Roma, Arvanites (Orthodox Christians who speak a dialect of 
Albanian), or ``Macedonians'' or ``Slavomacedonians.'' The Government 
formally recognized only the ``Muslim minority'' and did not officially 
acknowledge the existence of any ethnic groups, principally 
Slavophones, under the term ``minority.'' However, the previous 
government affirmed an individual right of self-identification. 
Nevertheless, some individuals who defined themselves as members of a 
minority found it difficult to express their identity freely and to 
maintain their culture. Use of the terms ``Tourkos'' and ``Tourkikos'' 
(``Turk'' and ``Turkish'') is prohibited in titles of organizations, 
although individuals legally may call themselves ``Tourkos.'' To most 
Greeks, the words ``Tourkos'' and ``Tourkikos'' connote Turkish 
identity or loyalties, and many object to their use by Greek citizens 
of Turkish origin. At year's end, an appeal from the ``Turkish Union of 
Xanthi,'' established in 1927, was before the Supreme Court and a 
petition for the establishment of a ``Turkish Women's Union'' was also 
pending.
    The Government did not recognize the Slavic dialect spoken by an 
indeterminate number of persons in the northwestern area of the country 
as ``Macedonian,'' a language distinct from Bulgarian. This group's use 
of the term ``Macedonian'' has generated strong objections among the 
2.2 million non-Slavophone inhabitants of the northern region of Greek 
Macedonia who use the term ``Macedonian'' to identify themselves. 
Members of this group asserted that the Government pursued a policy 
designed to discourage use of their language. Activists of the Rainbow 
Party, which represents the interests of this group, said that they 
were forced to cancel plans to hold a conference in Florina in December 
2003 and in January because no one would rent them a meeting hall. 
There were reports that right wing extremists threatened locals with 
violence if they participated in or facilitated the conference. In May, 
the conference took place in Thessaloniki under heavy police protection 
and in a climate made hostile by local government authorities.
    In December 2003, the Florina First Instance Court rejected for a 
second time an application for registration by the association ``Home 
for Macedonian Civilization.'' This occurred notwithstanding that, in 
1998, the ECHR had criticized the Government's refusal to recognize the 
association as a violation of the European Convention for the 
Protection of Human Rights and Basic Freedoms.
    Roma continued to face widespread governmental and societal 
discrimination. In April, the European Roma Rights Center (ERRC) issued 
a report that claimed that Roma were subject to systematic police 
abuse, mistreatment while in police custody, regular raids and searches 
of Romani neighborhoods for criminal suspects, drugs, and weapons, and 
educational discrimination (see Section 1.c.). The ECRI report noted 
with concern that the situation of Roma remained serious and that Roma 
continued to face discrimination and difficulty in the areas of 
housing, employment, education, and access to public service. There 
were anecdotal reports of some societal discrimination, such as 
landlords refusing to rent apartments to Romani and non-Romani parents 
withdrawing their children from schools attended by Romani children.
    There were frequent police raids on Romani settlements and harsh 
police treatment of Roma in the Aspropyrgos settlement near Athens. 
Authorities took no action in the 2002 case of a police officer who 
allegedly kicked a pregnant woman, who later miscarried, during a raid 
on the Aspropyrgos camp. Romani families who had lived for decades in 
settlements close to Olympic venues were evicted and left to find 
alternate shelter after local municipalities reportedly reneged on 
their commitment to provide replacement housing with subsidized rent 
for the families. In November, the U.N. Committee Against Torture 
expressed concern at instances of ill treatment of Roma by public 
officials in situations of forced evictions or relocation.
    The law prohibits the encampment of ``wandering nomads'' without a 
permit and forces Roma to establish settlements ``outside inhabited 
areas'' and far from permanent housing. There were approximately 70 
Romani camps in the country. Local and international NGOs charged that 
the enforced separation contravened the country's commitments under the 
International Convention on the Elimination of All Forms of Racial 
Discrimination.
    Local authorities harassed and threatened to evict Roma from their 
camps or other dwellings. The NGO Greek Helsinki Monitor reported that 
police threatened to evict Romani tent-dwellers in the Aspropyrgos area 
outside Athens in April and May 2003. The European Roma Rights Center 
and the Greek Helsinki Monitor criticized the demolition of the homes 
of eight Romani families in late October in Patras. Roma in Tiryns, 
Peloponnese were in a court battle to avoid eviction from a settlement 
there.
    Roma frequently faced societal discrimination in employment and in 
housing, particularly when attempting to rent accommodations. The 
illiteracy rate among Roma was estimated at 80 percent. Poverty, 
illiteracy, and societal prejudice were most severe among migrant Roma 
or those who lived in quasi-permanent settlements. Most Romani camps 
had no running water, electricity, garbage disposal, or sewage 
treatment. The approximately 400 Romani families in Tyrnavos, Thessaly 
lived in tents because authorities refused to include the area in city 
planning.
    Romani representatives reported that some local authorities have 
refused to register Roma as residents. Until registered with a 
municipality, a citizen cannot vote or exercise other civil rights such 
as obtaining an official marriage, commercial, or driver's license, or 
contributing to social security. It was estimated that 90 percent of 
Roma were not insured by the public social security systems because 
they were unable to make the required contributions. Indigent Roma were 
entitled to free health care provided all citizens; however, their 
access at times was hindered by the distance between their encampments 
and public health facilities.
    The Government considers the Roma to be a ``socially excluded'' or 
``sensitive'' group, not a ``minority.'' As a result, government policy 
was to encourage the integration of Roma. The Ministry of Education has 
instructed school principals to promote integration.
    In June, residents in Sagaika, Patras, demonstrated at an 
elementary school to discourage Romani parents from enrolling their 
children in the school.
    The Ministry of Interior headed an interministerial committee that 
coordinated projects for the 85,000 to 120,000 Roma the Government 
estimated were in the country (unofficial estimates ranged from 250,000 
to 350,000). By September, only 30 cities had responded to the Ministry 
of Interior's 2003 invitation to 75 cities with Romani populations to 
identify areas in which it could build housing for Roma. Among the 
program's provisions were very low interest housing loans for Roma, 
which have had varying success rates in different areas of the country. 
Municipalities outside Thessaloniki have built prefabricated Romani 
neighborhoods.
    The Ministry of Health and Welfare continued projects to address 
the chronic problems of the Romani community, including training 
courses for civil servants, police, and teachers to increase their 
sensitivity to Romani problems, the development of teaching materials 
for Romani children, the establishment of six youth centers in areas 
close to Romani communities, and the deployment of mobile health units 
to address the needs of itinerant Roma.

    Other Societal Abuses and Discrimination.--The organization Greek 
Homosexual Community (OKE) alleged that police often abused and 
harassed homosexuals and transvestites and subjected them to arbitrary 
identity checks and to bodily searches in public places.
    In December, the broadcasting regulator ESR fined a radio station 
over insulting language used on a radio show presented by a lesbian, 
and the station subsequently cancelled the show. The Gay and Lesbian 
Community of Greece (OLKE) and OKE condemned the ESR ruling as 
homophobic and lodged complaints with the Government over what it 
described as a discriminatory decision.
Section 6. Worker Rights
    a. The Right of Association.--The Constitution and law provide 
workers the right to form and join unions of their choice, and workers 
exercised this right. All workers, with the exception of the military, 
have the right to form or join unions. Approximately 26 percent of 
nonagricultural salaried employees were union members. Unions received 
most of their funding from a Ministry of Labor organization, the 
Workers' Hearth, which distributes mandatory contributions from 
employees and employers. Workers, employers, and the state were 
represented in equal numbers on the board of directors of the Workers' 
Hearth.

    b. The Right to Organize and Bargain Collectively.--The law allows 
unions to conduct their activities without interference, and the 
Government protected this right in practice. The law provides for the 
right to bargain collectively in the private sector and in public 
corporations, and unions exercised this right freely. The law provides 
for the right to strike, and workers in the private sector and in 
public corporations exercised this right in practice. Civil servants 
have the right to organize, to bargain collectively with the Ministry 
of Public Administration, and to strike. Police have the right to 
organize and to demonstrate, but not to strike.
    The law provides for mediation of labor disputes, with compulsory 
arbitration as a last resort. The National Mediation, Reconciliation, 
and Arbitration Organization is responsible for mediation and 
arbitration of labor disputes involving the private sector and public 
corporations. Mediation is voluntary; however, the Organization may 
require compulsory arbitration if mediation fails to resolve a dispute.
    There are some legal restrictions on strikes, including a mandatory 
notice period of 4 days for public utilities and 24 hours for the 
private sector. The law mandates a skeleton staff during strikes 
affecting public services. Courts may declare a strike illegal; 
however, such decisions were seldom enforced. Unions complained that 
this judicial power deterred some of their members from participating 
in strikes. Courts declared some strikes illegal during the year for 
such reasons as failure of the union to give adequate advance notice of 
the strike or a union making new demands during the course of the 
strike. During the year, no workers were prosecuted for striking.
    There are no special laws or exemptions from regular labor laws in 
the country's three free trade 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.).

    d. Prohibition of Child Labor and Minimum Age for Employment.--
Child labor was a problem, although international and local observers 
agreed that numbers of working children have decreased in recent years. 
A number of children were illegally employed in the streets of the 
country in jobs from windshield washing to prostitution. The Government 
and NGOs believed that the majority of beggars were either indigenous 
or Albanian Roma. There were reports that children from Albania were 
trafficked and forced to beg; however, child trafficking NGOs reported 
a decrease in this abuse (see Section 5). Some parents forced their 
children to beg for money or food. During the year, heightened security 
because of the Olympics resulted in a significant decrease in the 
number of street children who panhandled or peddled at city 
intersections on behalf of adult family members or for criminal gangs.
    The minimum age for employment in the industrial sector is 15 
years, with higher limits for some activities. The minimum age is 12 
years in family businesses, theaters, and the cinema. These age limits 
were enforced by occasional Labor Inspectorate spot checks and were 
generally observed. However, families engaged in agriculture, food 
service, and merchandising often had younger family members assisting 
them at least part time.

    e. Acceptable Conditions of Work.--The GSEE and the Employers' 
Association determine a national minimum wage through collective 
bargaining. The Ministry of Labor routinely ratified this minimum wage, 
which has the force of law and applies to all workers. The minimum wage 
of approximately $37 (28 euros) daily and $813 (616 euros) monthly, 
effective September 1, provided a decent standard of living for a 
worker and family. The maximum legal workweek is 40 hours in the 
private sector and 37.5 hours in the public sector. The law provides 
for at least one 24-hour rest period per week, mandates paid vacation 
of 1 month per year, and sets limits on overtime.
    The law provides for minimum standards of occupational health and 
safety. The GSEE characterized health and safety laws as satisfactory, 
but stated that enforcement by the Labor Inspectorate was inadequate. 
Workers do not have the legal right to remove themselves from 
situations that they believe endanger their health; however, they do 
have the right to lodge a confidential complaint with the Labor 
Inspectorate. Inspectors have the right to close down machinery or a 
process for up to 5 days if they see safety or health hazards that they 
believe represent an imminent danger to the workers.
    The law protects foreign workers; however, their wages were lower 
and they worked longer hours than citizens. Many employers did not make 
social security contributions for illegal foreign workers, making their 
legalization impossible.

                               __________

                                HUNGARY

    Hungary is a parliamentary democracy with a freely elected 
legislative assembly. Prime Minister Peter Medgyessy led a coalition 
government formed by the Hungarian Socialist Party and the Alliance of 
Free Democrats after multiparty elections in April 2002, which were 
considered generally free and fair. In August, Prime Minister Medgyessy 
resigned, and MSZP member Ferenc Gyurcsany was nominated by the same 
coalition and confirmed by a parliamentary vote as the new Prime 
Minister in September. The judiciary is independent.
    The country joined the European Union on May 1 along with nine 
other countries and took part in the European Parliamentary election in 
June, sending 24 delegates to the European Parliament.
    The Hungarian National Police (HNP), under the Ministry of 
Interior's oversight, has responsibility for law enforcement and 
maintenance of order within the country. The civilian authorities 
maintained effective control of the security forces. Some members of 
the security forces committed human rights abuses.
    The country has completed its transition from a centrally directed 
economy to a fully functioning market economy. At year's end, the 
population was approximately 10 million. The private sector accounted 
for more than 80 percent of gross domestic product. The Socialist 
government maintained a strong commitment to a market economy but has 
not succeeded in addressing remaining problems in agriculture, health 
care, and tax reform. Despite 7 years of strong economic growth, an 
estimated 25 percent of the population still lived in poverty, with the 
elderly, large families, and the Roma most affected. At year's end, 
observers estimated economic growth at approximately 4 percent; the 
average inflation rate at 6.8 percent; and the unemployment rate at 6.1 
percent.
    The Government generally respected the human rights of its 
citizens; however, there were problems in some areas. There were 
reports that some police used excessive force, beat, and harassed 
suspects, particularly Roma. There were allegations of government 
interference in editorial and personnel decisions of state-owned media. 
Violence against women and children remained significant problems. 
Sexual harassment in the workplace also continued to be a problem. 
Racial discrimination persisted, as well as anti-Semitic phenomena, 
such as vandalism of Jewish cemeteries and coded speech by fringe 
political groups. Societal discrimination against Roma was a serious 
problem. Trafficking in persons was a problem.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Arbitrary or Unlawful Deprivation of Life.--There were no 
reports of political killings by the Government or its agents, however, 
in June, a Bulgarian died while attempting to escape police custody. 
The man, arrested for having created a disturbance on an Amsterdam to 
Budapest flight, attempted to escape from a police car after his court 
appearance. Two police officers injured the individual in an ensuing 
struggle. The man died while on route to the hospital. The preliminary 
medical examiner's report determined that the cause of death as 
strangulation. Press reports speculated that one of the officers might 
have improperly restrained the man, resulting in strangulation. The 
National Police Chief suspended the two policemen from their positions, 
pending an investigation by the prosecutor's office. The investigation 
was still pending at year's end.
    In July, a young Roma man died after being chased and tackled by an 
off duty police officer in Kecskemet. The local Roma community and the 
man's family did not accept the preliminary medical examiner's report 
that the man died from a congenital heart defect. The police chief 
reinstated the suspended officer based on the medical examiner's 
report, despite the report noting the unexplained presence of sand in 
the suspect's windpipe and water in his lungs. The final coroner's 
report, released by the Budapest Central Police, affirmed the 
conclusions of the preliminary medical report and found no relation 
between the man's death and the officer's actions. The Office of the 
Minority Affairs Ombudsman was also investigating the incident, and its 
report was still pending at year's end.

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

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The law prohibits such practices; however, police 
occasionally used excessive force, beat, and harassed suspects, 
particularly Roma. For example, according to the Roma Press Center, in 
December, police beat a Roma couple while in custody at the Szigetvar 
police station. Police released the couple, detained on suspicion of 
pickpocketing, after 2 hours. The man, an epileptic, sought treatment 
at a local hospital for injuries to his kidneys and lungs--allegedly 
sustained at the hands of police. Officials from the Baranya County 
Police Headquarters took the couple's statements along with their 
complaint and were investigating the case at year's end.
    In December, eight police officers were put on trial by the 
Kaposvar Military Prosecutor's Office for allegedly beating a 31-year-
old Roma man in January. The officers were charged with illegal 
restraint, maltreatment during an official procedure, assault and 
battery, and committing a breach of duty. The man was allegedly dragged 
from his home and driven by car for 10 minutes while being beaten by 
the officers, allegedly to dissuade him from pressing charges against a 
local deputy in another abuse case.
    In July, the European Court of Human Rights in Strasbourg found 
that the Government had violated the European Convention on Human 
Rights in the case of Sandor Balogh versus Hungary. The case concerned 
the abuse of Sandor Balogh while in police custody in 1996. The Court 
ruled that there was a violation of Article 3 (prohibition of inhuman 
or degrading treatment), but no violations of Article 13 (right to an 
effective remedy). The Court awarded Mr. Balogh $5,400 (4,000 euros) 
for pecuniary damages, $13,500 (10,000 euros) for non-pecuniary 
damages, and $4,050 (3,000 euros) for costs and expenses.
    The Government actively pursued allegations of police abuse. In the 
first half of the year, authorities investigated 18 cases of suspected 
abuse by police involving 15 police officers. The majority of incidents 
occurred during interrogations. A total of 12 incidents resulted in 
court cases, with 9 guilty verdicts. NGOs usually estimated that 
approximately half of the police abuse cases involved Roma victims. The 
law does not authorize the Government to compile statistics on race or 
ethnicity. There were occasional reports that police punched, kicked, 
and struck persons with truncheons while in police custody. The 
Government conducted investigations in some cases and brought charges 
against individual police officers.
    While the number of police abuse reports remained relatively steady 
compared with the previous year. The widespread prejudice against Roma 
further complicated efforts to assess the extent of police abuse, 
particularly against Roma. As in previous years, the National and 
Ethnic Minority Right Protection Office received frequent complaints 
from Roma of police abuse and misconduct.
    NGOs, such as the Mahatma Gandi Human Rights Organization, believed 
that there were fewer cases of police harassment of foreign residents, 
particularly of non-Europeans; however, police continued to show 
indifference toward foreigners who were victims of street crime. 
Discrimination against dark-skinned foreigners persisted.
    Prisons were overcrowded but generally met international standards. 
As of September, the prisons and detention centers held 16,538 persons 
or 146 percent of capacity. The Government continued to expand the 
capacity of several prisons. Men and women were held separately; 
juveniles were held separately from adults; and pretrial detainees were 
held separately from convicted prisoners.
    On November 27, 2003, a Romani inmate burned to death in a ``rubber 
cell'' at a prison in Zalaegerszeg, Zala County. An investigation 
determined that the prison guards did not adequately search the inmate 
before placing him in the cell. The cause of the fire was determined to 
be from a lighter that the inmate had smuggled in with him. The death 
was ruled a suicide, and the guards were fined for not following proper 
procedures.
    The Government permitted visits by independent human rights 
observers, and such visits occurred during the year.

    d. Arbitrary Arrest or Detention.--The Constitution prohibits 
arbitrary arrest and detention, and the Government generally observed 
these prohibitions; however, in April, a 15-year-old Roma boy remained 
in custody for robbery several weeks after the alleged victim confessed 
to having falsely accused the boy. Despite being exonerated, the 
Borsod-Abauj-Zemplen County Police refused to release the boy until the 
victim's confession had been delivered to police from the county 
prosecutor's office.
    The Hungarian National Police has responsibility for law 
enforcement and maintenance of order under the direction of the 
Ministry of Interior. In addition, city police forces and the National 
Border Guards share security responsibilities, ultimately also under 
the Ministry of Interior's direction. The Government actively pursued 
allegations of police abuse. Punishments for abuses committed by police 
included fines, probation, prison sentences, and dismissal (see Section 
1.c.). A book on victim protection, used to train police officers and 
activists, also listed all NGOs providing protection to crime victims.
    The law requires that police obtain warrants to place an individual 
under arrest. Police must inform suspects upon arrest of the charges 
against them but may hold detainees for a maximum of 72 hours before 
filing charges. The law requires that all suspects be allowed access to 
counsel prior to questioning and throughout all subsequent proceedings 
and that the authorities provide counsel for juveniles, the indigent, 
and persons with mental disabilities. Credible reports suggested that 
police did not always allow access to counsel, particularly for persons 
accused of minor crimes. There was a comprehensive bail system, which 
was used frequently.
    Pretrial detention, based on a warrant issued by a judge, may not 
exceed 3 years while criminal investigations are in progress. The 
Government may detain individuals for 3 days without bringing charges 
against them. Not all suspects were remanded to detention centers after 
arraignment while pending trial. The law stipulates that authorities 
can request pretrial detention in cases when it is likely the suspect 
will flee, when the gravity of the charges warrant detention, or when 
the release of the suspect would endanger the investigation. In 2003, 6 
juvenile offenders and 12 adults who had been detained for more than 
the new maximum period were set free.
    The Prosecutor General's Office reported that the average length of 
pretrial detention was 118.5 days during the year; however, nearly 12 
percent of detainees were held for periods longer than 8 months. Aliens 
usually were held until their trials, since they were considered likely 
to flee the country. Roma alleged that they were kept in pretrial 
detention longer and more frequently than non-Roma, although the data 
protection law prohibits keeping records detailing the ethnicity of the 
detainees (see Section 1.e.). The law provides for compensation if a 
detainee is released for lack of evidence, but the procedure rarely was 
exercised since detainees must undertake a complicated legal procedure 
to pursue such claims. The Minister of Justice decides upon 
compensation. The amount is decided on a case-by-case-basis and may 
cover the costs of the trial, attorney's fees, lost wages, and some 
miscellaneous sums.
    The law permits police to hold suspects in public security 
detention (PSD) under certain circumstances, including when a suspect 
has no identity papers, when blood or urine tests must be performed, or 
when a suspect again commits the same misdemeanor offense after 
receiving a prior warning. Suspects may be held in PSD for up to 24 
hours. Such detainees were not always informed of the charges against 
them, because such periods of ``short'' detention were not defined as 
``criminal detention'' and, therefore, were not considered covered by 
the Criminal Code.
    The Government funded or operated victim protection offices in each 
county to provide psychological, medical, and social services to 
victims of crime. At the conclusion of judicial proceedings, victims 
may apply through the Safe Hungary Public Foundation for financial 
compensation from the perpetrator. In practice, both citizen and 
foreign victims received compensation from the victim protection 
offices; however, there is no indication of how often victims received 
compensation from perpetrators.

    e. Denial of Fair Public Trial.--The Constitution provides for an 
independent judiciary, and the Government generally respected this 
provision in practice.
    Under the Constitution, the courts are responsible for the 
administration of justice, with the Supreme Court exercising control 
over the operations and judicial procedure of all other courts. 
Effective July 2003, a regional court system was established. The new 
regional courts serve as the court of appeals for county cases, thus 
creating a fourth level of appeals in the court system. The Supreme 
Court is the final court of appeal, and the Constitutional Court can 
hear appeals of military court decisions.
    The Constitutional Court is charged with reviewing the 
constitutionality of laws and statutes brought before it, as well as 
the compliance of these laws with international treaties that the 
Government has ratified. Parliament elects the 11 members of the 
Constitutional Court, who serve 9-year terms. The judges elect the 
president of the Constitutional Court among themselves by secret 
ballot. Citizens may appeal to the Constitutional Court directly if 
they believe that their constitutional rights were violated. The 
Constitutional Court does not function as a court of appeal, and it 
cannot override the sentences made by regular courts. It can decide if 
a law is unconstitutional or not, and citizens can demand a retrial of 
their cases on the basis of a Constitutional court decision. The 
Constitutional Court is required to address every petition it receives; 
however, no deadline is specified for the Court to render a decision, 
resulting in a considerable backlog of cases. No judge or member of the 
Supreme or Constitutional Courts may belong to a political party or 
trade union. Members of the Constitutional and Supreme Courts also may 
not be members of Parliament or be employed in local government. The 
National Judicial Council nominated judicial appointees other than for 
the Constitutional Court and oversaw the judicial budget process.
    The law provides for the right to a fair trial, and an independent 
judiciary generally respected this right. Trials are public, but, in 
some cases, judges may agree to a closed trial to protect the accused 
or the victim of a crime, such as in some cases of rape. Judicial 
proceedings generally were investigative rather than adversarial in 
nature. Defendants are entitled to counsel during all phases of 
criminal proceedings and are presumed innocent until proven guilty. 
Counsel is appointed for indigent clients, but the public defender 
system generally provided substandard service. There is no permanently 
staffed public defender's office; private attorneys may or may not 
choose to serve in this capacity. Public defenders were paid poorly--
less than $4.50 (1,000 HUF) for the first hour of the trial and less 
than $2.50 (500 HUF) for each additional hour--and did not give 
indigent defendants priority. Lawyers often met indigent clients for 
the first time at trial. The Act on Legal Aid provided for greater 
assistance to defendants by providing for free legal advice from 
government-funded legal staff, but not representation.
    Judicial proceedings varied in length, and delays of several months 
to a year before the commencement of trials were common. Cases on 
appeal may remain pending before the courts for indefinite periods, 
during which time defendants are held in detention. Defendants can 
confront or question witnesses against them and present witnesses and 
evidence on their behalf, and they have access to government-held 
evidence relevant to their cases. There is no jury system; judges are 
the final arbiters. The new Criminal Procedure Law allows 3 years from 
the start of an investigation until the first instance court sentence. 
Cases that have not resulted in a sentence are dismissed. The new law 
gives prosecutors more investigative powers than the HNP. Prosecutors 
may employ plea-bargaining, which police considered an important weapon 
in the fight against organized crime.
    Many human rights and Romani organizations claimed that Roma 
received less than equal treatment in the judicial process (see Section 
1.d.). Specifically, they alleged that Roma were kept in pretrial 
detention more often and for longer periods than non-Roma. This 
allegation was credible in light of general discrimination and 
prejudice against Roma. Since the majority of Roma were from the lowest 
economic strata, they also suffered from substandard legal 
representation.
    Military trials follow civil law and may be closed if justified on 
national security or moral grounds. In all cases, sentencing must take 
place publicly. The law does not provide for the trial of civilians in 
military courts.
    There were no reports of political prisoners.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The law prohibits such actions, and the Government 
generally respected these prohibitions in practice.
    The law provides that the prosecutor's office may issue search 
warrants. Police must carry out searches of private residences in the 
presence of two witnesses and must prepare a written inventory of items 
removed from the premises.
    Courts ordered evictions due to nonpayment of public utilities, but 
they were not carried out during winter months. According to NGOs, 
district councils threatened to take children away from Roma families 
to expedite evictions. NGOs also cited government figures that 
suggested it was less expensive simply to rent an apartment than it was 
to pay for a child in state care. Due to their economic status, Roma 
were disproportionately represented among those evicted for nonpayment 
of utilities.
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, opposition parties 
criticized the Government for influencing editorial and personnel 
decisions of state-owned media. Individuals may criticize the 
Government publicly or privately without reprisal and did so in 
practice.
    Numerous privately owned print publications expressing a variety of 
views were available to the public. The Government generally did not 
interfere with the operation of private news media.
    There were two state-owned public service television stations (MTV 
and Duna TV) and one public service radio (Hungarian Radio), two 
national commercial television stations (TV2 and RTL Klub), two 
national commercial radio stations (Slager Radio and Danubius Radio), 
and four national dailies (Nepszabadsag, Magyar Hirlap, Nepszava, 
Magyar Nemzet).
    Interference in state-owned media remained a concern. Several 
state-owned radio and television stations were governed by a state-
appointed public media oversight board, which has proportional 
political representation. During the year, allegations were made 
against the President of Hungarian Public Radio (HPR) that she had been 
a secret agent during the Communist period. Although the allegations 
were never substantiated, it was widely believed that the attempt to 
discredit her was politically motivated, as she was appointed to the 
post by the previous conservative government. In July, the board of the 
state-owned public television MTV cancelled the program Night Tracks 
(Ejjeli Meneddek) after the program had featured a well-known Holocaust 
victim. Opposition political parties were traditionally critical of the 
progovernment news coverage in state-owned media, and the audience for 
private news outlets exceeded that for state-owned broadcasters.
    The OSCE Representative on Freedom of the Media criticized the 
country's outdated libel and secrecy laws in response to two court 
decisions during the year involving sentences for journalists. These 
journalists were given suspended prison sentences for libel convictions 
under the criminal statutes.
    The Media Law provided for the creation of nationwide commercial 
television and radio boards and was intended to insulate the remaining 
public service media from government control. The National Television 
and Radio Board monitored news broadcasts for equal treatment of all 
political parties, and censured and fined public and private 
broadcasters.
    Minority language print media continued to appear, and the state-
run radio broadcast 2 hours of programs daily in languages of the major 
minority groups: Romani, Slovak, Romanian, German, Croatian, and 
Serbian. State-run television carried a 26-minute program produced by 
and for each of seven major minority groups. In addition, a 50-minute 
joint program serving the five smaller minority communities was seen on 
a monthly basis along with 30-minute weekly documentaries covering one 
minority community monthly. Programming of Radio C, a public 
foundation-sponsored nonprofit station with an 80 percent Romani staff, 
was received only in the Budapest metropolitan area; however, a 1-hour 
program of Radio C aired on HPR's regional network daily. Although it 
received subsidies and foreign donations to cover its operations from 
the Soros Foundation's Open Society Institute and foreign embassies, it 
still lacked a stable source of income. Television programs for, about, 
and by ethnic Hungarians in the neighboring countries were broadcast 
for 3.75 hours per week.
    The Government did not restrict access to the Internet or 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, prior to a 
planned neo-Nazi demonstration by a little-known group called 
``Hungarian Future,'' the Government attempted to stop the group from 
carrying out the demonstration, despite having no legal means to do so. 
Hungarian Future's leader was arrested 1 week before the demonstration 
and sentenced to 10 days' detention for publicly displaying a fascist 
symbol banned by law. The group declined to proceed with its 
demonstration as planned, due to the detention of its leader.
    The Constitution forbids the registering of neo-Nazi groups, and 
the neo-Nazi group ``Blood and Honor'' was originally registered as a 
``cultural group.'' However, in December, a Budapest district court 
stripped Blood and Honor of its legal status under a law prohibiting 
``incitement against a community.'' Without legal status, Blood and 
Honor could not apply for permits to hold rallies or enjoy other legal 
benefits open to registered groups such as owning property, and opening 
bank accounts under its name. At year's end, Blood and Honor was 
expected to appeal the decision.

    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, there are 4 historically 
recognized denominations (Roman Catholic, Calvinist, Lutheran, and 
Jewish) and 136 officially recognized denominations.
    A group must provide 100 signatures to register as a religion, 
which it may do in any local court. While any group was free to 
practice its faith, formal registration made available to religious 
groups certain protections and privileges and granted access to several 
forms of state funding. The Government provided subsidies to some 
religious groups each year, and taxpayers may contribute 1 percent of 
their tax payments to a registered religious body. In 2003, 14.6 
percent of the taxpayers offered 1 percent of their taxes to churches. 
In January, Parliament amended the tax code to make donations to any 
registered religion tax-free, and the Government matches taxpayer 
donations. In 2003, the Government provided subsidies to 121 religious 
groups.
    Religious instruction was not part of the public school curriculum; 
however, the State permitted primary and secondary school students to 
enroll in extracurricular religious education classes.
    The religious groups and the State agreed on a number of properties 
to be returned and an amount of monetary compensation to be paid for 
properties that could not be returned. These agreements are subsumed 
under the 1991 Compensation Law, which requires the Government to 
compensate religious groups for properties confiscated by the 
Government after January 1, 1946. During the year, the Government paid 
religious groups $11 million (2.2 billion HUF) as compensation for the 
assets confiscated during the Communist regime.
    During the year, the Government resolved 131 cases regarding 
properties seized from religious groups by the communist regime. No 
property was returned to churches. At year's end, there were 837 cases 
pending.
    Despite a generally optimistic outlook regarding the decrease in 
anti-Semitism over the last several years, representatives of the 
Jewish community expressed concern over anti-Semitism in some media 
outlets, in society, and in coded political speech. For example, 
certain segments of an ongoing Sunday news magazine, Vasarnapi Ujsag, 
on Hungarian Public Radio were criticized for presenting guests who 
held anti-Semitic viewpoints. The weekly newspaper Magyar Demokrata 
continued to publish anti-Semitic articles, and featured articles by 
authors who have denied the Holocaust.
    On January 11, over 5,000 persons held a protest in front of Tilos 
Radio against anti-Christian statements made on the air by an 
inebriated disk jockey on Christmas Eve 2003. After the demonstration, 
approximately 100 to 200 persons remained and burnt an Israeli flag. 
Although police witnessed the event, no arrests were made until after 
it received widespread media coverage. Two defendants were ultimately 
convicted and fined under the Hate Speech Law.
    Several groups staged anti-fascist counterdemonstrations in 
response to Hungarian Future's aborted commemoration of the 60th 
anniversary of the fascist takeover of the country (see Section 2.b.). 
Despite the failure of Hungarian Future to go through with the 
demonstration, at least 10,000 anti-fascist demonstrators showed up, 
including the Prime Minister and almost all the ruling coalition's 
Members of Parliament (M.P.s).
    According to police reports, during the first 8 months of the year 
there were 216 cases of persons vandalizing gravestones and cemeteries 
during the year, compared with 459 such cases in 2003. The Jewish 
community stated that there were fewer acts of vandalism in Jewish 
cemeteries than in 2003 (a downward trend continued from 2002), and it 
attributed most of the incidents to youths and did not consider the 
incidents anti-Semitic in nature.
    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 reports that local authorities tried to expel Roma from towns; 
however, the Government resettled 20 homeless persons from Budapest to 
government-subsidized apartments in the country on a volunteer basis.
    The law does not provide for forced exile, and the Government did 
not employ it.
    The Government may delay but may not deny emigration for those who 
have significant court-assessed debts or who possess state secrets. 
During the year, there were no known cases of delayed emigration. Those 
with approximately $50,000 (over 10 million HUF) or more in public debt 
may be denied travel documents. The Government did not impose an exit 
visa requirement on its citizens or on foreigners.
    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 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 assisting refugees and asylum seekers. The UNHCR reported 
that, during the year, 1,600 asylum seekers entered the country, 
including 1,146 illegal border crossers. The asylum seekers came 
primarily from Georgia, Serbia and Montenegro, Turkey, Vietnam, China, 
Algeria, and Nigeria. During the year, the Government accelerated its 
asylum process and granted 1,187 residence permits on humanitarian 
grounds. During the year, the Government granted refugee status to 149 
applicants and temporary protected status to 177 persons, and 283 cases 
were pending. The Office of Immigration and Nationality (OIN) is the 
central authority for asylum and immigration matters.
    Asylum applicants were housed in three government-owned camps and 
two temporary camps run by NGOs. One temporary camp was closed and 
another for unaccompanied minors was opened in 2003.
    The OIN operated seven regional offices to process asylum requests 
and administered the refugee camps. Prospective refugees who sought 
only to transit to other European countries were encouraged to return 
to their countries of origin. In September, 565 asylum seekers were 
living in 3 permanent and 1 temporary reception center, and there were 
14 minors (ages 4 to 17 years) living in a new home for unaccompanied 
minors. For aliens requiring greater monitoring in a more restrictive 
environment, the OIN operated four different shelters called community 
shelters. Aliens housed in the refugee camps enjoyed fewer restrictions 
on freedom of movement than those in community shelters did. Several 
NGOs and human rights organizations supported asylum seekers and 
provided legal information.
    The Government also provided temporary protection to individuals 
who may not qualify as refugees under the 1951 Convention/1967 
Protocol. Foreigners apprehended trying to cross the border illegally 
either may apply for refugee status if they have valid travel documents 
or were housed temporarily at one of eight border guard detention 
centers for non-asylum seekers throughout the country, pending 
deportation. During the year a total of 4,588 aliens passed through the 
shelters, while on a typical day 114 persons occupied these facilities. 
The greatest number of aliens in the border guard facilities came from 
Romania, Moldova, Ukraine, Serbia-Montenegro, and Turkey. Although 
police sought the timely deportation of detainees who did not qualify 
for refugee status, a shortage of funds and the detainees' lack of 
documentation, such as passports, often resulted in lengthy stays. NGOs 
criticized the Government's indefinite detention of stateless and some 
undocumented foreigners pending resolution of their cases. There were 
no reports of abuse during deportation. NGOs and churches cooperate 
with the border guards to support the 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 based on universal suffrage. 
Elections are held at least every 4 years. Parliamentary elections took 
place in April 2002, and municipal elections were held in October 2002. 
Reform of the country's political and economic structure led to the 
country's EU membership in May.
    M.P.s are elected every 4 years through a multi-stage process, in 
which voters cast ballots for individual candidates and party lists. In 
May 2002, the Socialist Party and the Alliance of Free Democrats 
established a post-election coalition, which gave the two parties a 10-
member majority in Parliament. The Socialist Party was the senior 
coalition member and nominated Peter Medgyessy as Prime Minister. The 
FIDESZ-Hungarian Civic Party and the Hungarian Democratic Forum were 
the opposition groups in Parliament. In August, Prime Minister 
Medgyessy resigned. Socialist Party member and Minister of Sport Ferenc 
Gyurcsany was nominated for Prime Minister by the existing ruling 
coalition, and was elected by simple majority of the Parliament via a 
constitutionally prescribed method on September 29.
    Although there was widespread perception of corruption in the 
executive and legislative branches, no compelling evidence of such 
corruption came to light in 2004. Anecdotal evidence suggested that 
significant corruption in procurement of military articles existed; 
however, various indices--including Transparency International--rate 
Hungary among the least corrupt governments in the region. Low-level 
corruption among law enforcement officials remained a problem, but the 
Government was taking steps to address the issue.
    In Parliament, 35 of 386 representatives were women. Two women 
served in the Cabinet, and several women were state secretaries and 
deputy state secretaries. A woman (a former Minister of Justice) headed 
the Hungarian Democratic Forum, one of four parties represented in 
Parliament. The Speaker and one of the deputy speakers of Parliament 
were women. The level of women's political participation was greater in 
provincial and municipal governments than at the national level. The 
Hungarian Women's Alliance held weekend courses throughout the year to 
promote the participation of women in public life.
    Although there is no legal allocation of minority representation 
within the national government, there were several ethnic minority 
M.P.s, including ethnic Germans and ethnic Slovaks. There were four 
Romani M.P.s. There were 3,000 Roma politicians in the local and 
national minority self-governments.
    The law provides for the establishment of local minority self-
governments to enhance respect for the rights of ethnic minorities, 
particularly in the fields of education and culture. The self-
governments received funding from the central budget and some 
logistical support from local governments. Self-governments provided 
wide cultural autonomy for minorities and handled primarily cultural 
and educational affairs. The president of each self-government is also 
a delegate to local government assemblies. The president has no voting 
or veto rights but has the right to speak and attend committee 
meetings. Minority self-governments are dependent on local governments 
for funding, office space, and equipment. Any of the 13 registered 
minorities may set up a minority self-government if at least 50 valid 
votes are cast in settlements with fewer than 10,000 inhabitants and if 
at least 100 votes are cast in larger settlements.
    Since an individual's ethnicity is not registered officially, 
voting on minority self-governments is not limited to the minorities 
themselves. All voters receive a minority ballot in addition to the 
local government ballot. The elected local minority self-governments 
could elect their national minority self-governments, which have been 
formed by all 13 minorities. Several Romani self-governments have 
regional groupings to facilitate cooperation. Critics have called for 
increasing the authority and financial resources of the minority self-
governments.
    In 2002, non-minority candidates also were elected to minority 
self-governments and, in some cases, even obtained a majority, for 
instance, in Jaszladany. Romani rights observers viewed this outcome as 
undermining the local Romani community. Government efforts to amend the 
laws on minorities and elections to prevent non-minority voting in 
elections for minority self-governments were pending in September. In 
September, 977 out of the 1,830 active self-governments were Romani 
self-governments. Romani mayors headed 4 municipal governments, and 544 
Roma sat on local and county government assemblies.
    Two factors limited the effectiveness of the Romani and other 
minority self-governments: Elections of non-minorities to the self-
governments, which prevented some minorities from exercising the 
autonomy the law is intended to promote, and the reported abandonment 
by some local governments of responsibilities for government functions 
related to the minorities, which the self-governments lacked the legal 
mandate and resources to address.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    A number of domestic and international human rights groups 
generally operated without government restriction, investigating and 
publishing their findings on human rights cases. Many NGOs reported 
that the Government continued to be responsive to their requests for 
information. Human rights groups indicated improvement in the degree of 
cooperation from government ministries and prosecutors' offices on 
cases involving Roma and police abuse. An increasing number of NGOs 
were involved in the law-making process; however, NGOs claimed that the 
Government's cooperation in this area was insufficient.
    The Government did not interfere with activities of international 
NGOs operating offices in the country. During the year, Amnesty 
International opened an office in the country. Government cooperation 
with international NGOs was very good. In particular, the Government 
has worked closely with International Organization on Migration (IOM) 
in its effort to combat trafficking in persons (see Section 5).
    A 21-member parliamentary Committee for Human, Minority, and 
Religious Rights conducted hearings and participated in the law-making 
process. The Committee was composed of both majority and opposition 
M.P.s, reflecting the proportion of party representation in Parliament, 
and was headed by an opposition chair. There were separate ombudsmen 
for human rights, data protection, and minority affairs. The ombudsmen 
were independent from the Government and prepared annual reports to 
Parliament on their activities and findings. Parliament elects the 
ombudsmen for 6-year terms. Persons with complaints who have not 
obtained redress elsewhere may seek the assistance of the Ombudsman's 
office. The Ombudsman's office does not have the authority to issue 
legally binding judgments but may act as a mediator and conduct fact-
finding inquiries.
    The Minority Affairs Ombudsman--an ethnic German elected to a 
second term in 2001--played an active role in the examination of 
allegations of discrimination against the Romani community in such 
cases as school segregation, access to housing, and the election of 
non-Roma to the Romani minority self-governments (see Sections 3 and 
5).
    The Political State Secretary of Roma Affairs was moved from the 
Prime Minister's Office to the new Ministry of Youth, Family, Social 
Affairs, and Equal Opportunities. The Roma Affairs and Civil Relations 
Office operated out of the same ministry. The Government Office of 
Ethnic Minorities continued its operations, dealing with all 13 ethnic 
minority communities.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The Constitution provides for individual rights, equality, and 
protection against discrimination; however, in practice, discrimination 
persisted, particularly against Roma.

    Women.--Domestic violence against women was common, but the vast 
majority of such abuse was not reported. The NGO Women Against Violence 
Against Women (NANE) reported that 20 percent of women were threatened 
by or were victims of domestic violence. The Government focused more 
attention on issues such as domestic violence. In September, the 
Government and NGOs sponsored a conference on domestic violence and 
victim's assistance for law enforcement and judicial officials. In 
addition, the Government funded NGO-run training seminars for law 
enforcement and judicial officials in the area of victim's assistance. 
The Ministry of Youth, Family, Social Affairs, and Equal Opportunities 
opened a shelter for victim's of domestic abuse and operated a 24/7 
hotline for such victims.
    The laws criminalize spousal rape. Women's rights organizations 
claimed that 1 woman in 10 was a victim of spousal abuse and that 
societal attitudes towards spousal abuse were archaic. The law 
prohibits violence in general and establishes criminal penalties for 
those convicted of such crimes. There are no statistics for domestic 
violence prosecutions, since this was not a distinct charge under the 
Penal Code.
    Each county police station or county local government has a 
victim's protection unit. Police recruits received training from 
representatives of NGOs and international organizations on proper 
responses to rape and sexual assault cases. Victims of domestic 
violence could also obtain help and information from an NGO-run 
national hotline or at one of several NGO-run shelters. The hotline 
operated intermittently for 3 hours each day, and a message system was 
activated when a counselor was unavailable in person. Shelters provided 
short-term refuge, and their locations were concealed to protect 
victims.
    Although rape is illegal, for cultural reasons the crime often was 
unreported. Police attitudes toward victims of sexual abuse reportedly 
often were unsympathetic, particularly if the victim was acquainted 
with her abuser. During the year, women were victims of 87,837 reported 
crimes of all types.
    Prostitution is illegal; however, municipal governments may 
establish ``tolerance zones'' where such activity may occur. Currently, 
there is only one such tolerance zone, located in Budapest.
    The Penal Code does not explicitly prohibit sexual harassment in 
the workplace, but there are laws prohibiting general harassment and 
the Labor Code has a section addressing the right to a secure 
workplace. However, sexual harassment remained a widespread problem. 
Women's groups reported that there was little support for efforts to 
criminalize sexual harassment and that sexual harassment was tolerated 
by women who feared unemployment more than harassment. The Labor Code, 
which regulates questions of security in the workplace, provides for 
sentences of up to 3 years' imprisonment for sexual harassment; 
nonviolent acts of sexual harassment may also be prosecuted under the 
defamation statutes. During the year, no charges were brought under 
this provision of the Labor Code.
    Women have the same rights as men, including identical inheritance 
and property rights. The number of women in middle or upper managerial 
positions in business and government remained low, and, in practice, 
women received lower pay than men in similar positions and occupations. 
The number of women in the police and the military has risen over the 
past several years, and women were well represented in the judiciary 
and in the medical and teaching professions.

    Children.--The Government was committed to children's rights. The 
law provides for compulsory education, which was free through age 18 
for children who were born after 1997. The Ministry of Education 
estimated that 95 percent of school-age children, with the exception of 
Romani children, were enrolled in school. Roma were far more likely 
than non-Roma to stop attending school before age 16. Reliable figures 
on Romani enrollment and graduation rates were unavailable due to the 
prohibition on collecting data on ethnicity.
    Romani and other civic organizations continued to criticize the 
practice of placing Romani children in remedial education programs 
designed for children with mental disabilities or low academic 
performance, resulting in informal segregation. Although the children 
could return to the regular school system, only a small percentage did 
so. In 2002, the Ombudsman for National and Ethnic Minority Rights 
declared that segregation continued to exist in public education. An 
earlier report by the Ombudsman's office found that the high proportion 
of Romani children in ``special schools'' for children with mental 
disabilities was a sign of prejudice and a failure of the public 
education system. To prevent the improper placement of children in 
remedial education, particularly Romani children, parents were required 
to concur in the decision of the school to enroll their child in such a 
program and the child was tested yearly to measure educational 
performance. However, NGOs remained concerned that Romani children were 
still improperly referred to special schools despite the safeguards. In 
June, the Borsod-bauj-Zemplen County Court ruled that the public school 
in Tiszatarjan had improperly referred 10 Romani students to remedial 
education classes and that those classes were inadequately conducted. 
The court ordered the school council to pay more than $200,000 
(approximately 38 million HUF) to the 10 families.
    During the previous school year, Roma Affairs ministerial 
Commissioner of the Ministry of Education conducted an investigation of 
1200 second-grade children in ``special schools.'' The Ministry 
determined that 222 of those children could continue their studies in 
``normal'' elementary schools. The Government Office of National and 
Ethnic Minorities estimated that as many as 700 schools had de-facto 
segregation. The Government stated that the Romani schools were 
designed to provide intensive help for disadvantaged children. During 
the year, the Ministry of Education released a report stating less than 
one-third of the 380 schools conducting special education programs have 
the necessary certification. Laws permit a combination of a maximum of 
three grades into one classroom, and prescribe the employment of a 
special-needs teacher in each program. However, the report found that, 
in 17 schools, grades 1 through 8 were combined, in 67 schools grades 1 
through 4 were combined, and in 74 schools grades 5 through 8 were in 1 
class. According to the European Roma Rights Center, Roma students make 
up 20 percent of the country's student population but over 50 percent 
of the remedial school population. Education officials claimed that 
this was largely due to the dire economic circumstances of these 
children's families, not due to discrimination.
    In February, the Hungarian Examination and Evaluation Center for 
Public Education found that the private foundation school of 
Jaszladany, opened in September 2003, was not in accordance with the 
laws and was improperly segregated. According to the Ministry of 
Education, the authorities do not have the right to close down the 
school. At year's end, the Government was still working on amending the 
Law on Public Education to resolve the situation.
    In June, the Ministry of Education initiated an investigation of 
the school councils in the towns of Bag and Isaszeg due to allegations 
of mistreatment of ``special school'' children made in a Roma Press 
Center report. The report claimed that the number of students with 
mental disabilities in Isaszeg increased 2-fold over 10 years, that 
educational practices were sub-standard, and that all the students in 
the remedial program in Bag were Romani children.
    There were programs aimed at increasing the number of Roma in 
higher education. The Romaversitas program supported Romani students 
completing degrees in institutions of higher education; there were 
departments of Romani studies in the teachers' training colleges in 
Pecs, Eger, and Zsambek and of Romology at the University of Pecs. The 
Government provided a number of scholarships to Roma at all levels of 
education through the public Foundation for the Hungarian Roma. The 
Government reported that in the 2003-04 academic year, over 23,000 Roma 
received state-funded scholarships, of which 1,600 were given for 
studies at the university level.
    School-age children may receive free medical care at state-operated 
institutions and most educational facilities. Psychologists were 
available to evaluate and counsel children, and provisions existed for 
children to obtain dental care. However, NGOs and Roma activists 
claimed that Romani children did not have equal access to these and 
other government services.
    Child abuse remained a problem. NGOs claim that an estimated 25 
percent of girls suffered from abuse by a family member before they 
reached the age of 12. During the year, 7,423 children were reported as 
victims of crimes. NGOs reported that neglect and abuse were common in 
state care facilities. The law criminalizes relationships between an 
adult and a minor when the minor is less than 14 years of age. The 
Criminal Code provides sanctions against the neglect and endangerment 
of minors, assault, and preparation of child pornography; however, laws 
to protect children were enforced infrequently.
    Child prostitution was not a common practice, although isolated 
incidents occurred. Severe penalties existed under the law for those 
persons convicted of sexually abusing children by engaging in such 
acts. While child prostitutes are not criminally convicted, they can be 
remanded to juvenile centers for rehabilitation and to complete school.
    Trafficking in children for the purpose of sexual exploitation was 
a problem (see Section 5, Trafficking).

    Trafficking in Persons.--The law prohibits trafficking in persons; 
however, trafficking in persons to, from, and primarily through the 
country remained a problem.
    The Penal Code provides penalties for trafficking commensurate with 
those for rape. Under the law, even preparation for the trafficking in 
persons is a criminal offense. The penalty for trafficking is between 2 
and 8 years in prison; the trafficking of minors is punishable by up to 
10 years in prison. However, if an organized trafficking ring is 
involved, the sentence can be life imprisonment and seizure of assets. 
The law provides for immediate deportation of foreign traffickers 
following completion of their sentences. Witness cooperation in the 
prosecution of traffickers was aided by the Witness and Victim 
Protection Act, which came into force during the year. This law 
provides witnesses with short-term relief from deportation and access 
to shelter. A total of 15 trafficking cases came to trial during the 
year, all of which were ongoing at year's end.
    The government agencies most directly involved in anti-trafficking 
efforts were: Police, border guards, customs authorities, prosecutors, 
and the Justice, Interior, and Foreign ministries. In principle, the 
Government is willing to extradite foreign nationals charged with 
trafficking; however, no such actions were taken in practice. The 
Organized Crime Task Force investigated trafficking cases involving 
organized crime, and the Government cooperated with other countries in 
joint trafficking investigations. On July 1, an anti-trafficking unit 
was set up within the organized crime section of the National Police. 
By year's end, this unit had conducted joint investigations of 
trafficking rings with Norwegian, Danish, and Italian law enforcement 
authorities.
    The country was primarily a transit point, but it was also a source 
and destination country for trafficked persons. No accurate estimate of 
how many trafficking victims transit through the country existed. Rough 
estimates by the Government and NGOs put the figure at approximately 
3,000 per year. The most frequent targets were women between the ages 
of 13 to 27. Victims also included middle-aged women, men, and 
children. Women and children were trafficked for sexual exploitation 
primarily from countries to the east, where unemployment is higher: 
Russia, Romania, Ukraine, Moldova, and Bulgaria to Austria, Germany, 
Spain, the Netherlands, Italy, France, Switzerland, and the United 
States. Trafficking victims from Hungary typically were women from the 
country's eastern regions, where unemployment was higher. They were 
trafficked to Western Europe and elsewhere primarily to Austria, 
Belgium, Germany, Italy, and the Netherlands, as well as to Canada, 
Japan, Spain, Switzerland, and Turkey. Men trafficked for forced labor 
through the country en route to EU countries and the United States came 
from Iraq, Pakistan, Bangladesh, and Afghanistan. There were no 
estimates available on the extent of trafficking of males for forced 
labor.
    Organized crime syndicates transported many of the trafficking 
victims for forced prostitution either in Budapest, or for transit to 
Western Europe or North America. Trafficking rings also exploited 
victims for domestic servitude and manual labor. Russian-speaking 
organized crime syndicates were active in trafficking women through the 
country, primarily from Ukraine and other countries of the former 
Soviet Union to EU countries. Victims were recruited at discos and 
modeling agencies, through word-of-mouth, or even through open 
advertisements in local newspapers and magazines. Reportedly, some 
victims knew that they were going to work illegally; others believed 
they were getting foreign visas; others expected to work but believed 
their employers were obtaining the appropriate papers and permission. 
Once at their destination, the victims were forced into prostitution or 
other exploitation. Traffickers often threatened victims, confiscated 
identification documents, and severely restricted their freedom of 
movement.
    There was no evidence of Government involvement in or tolerance of 
trafficking. However, border guards have been arrested for isolated 
instances of corruption. There were no available statistics on how many 
of these corruption cases involved trafficking in persons.
    The Government has increased trafficking awareness and victim 
identification training for law enforcement and judicial officials by 
holding training workshops throughout the country. In addition, the 
Government has developed a training program for trafficking 
investigators focusing on both investigative skills and victim 
assistance. The Government has also instituted mandatory trafficking 
awareness courses at the National Police Academy and in continuing 
educational programs for veteran police officers. In cooperation with 
NGOs, the Government has developed other victim assistance training 
materials for law enforcement and consular officials, some of which 
have been adopted by other nations in the region. The Border Guards 
have developed a 300-page handbook to combat trafficking, which has 
been distributed to all law enforcement education institutions. At 
year's end, nearly 750 teachers and social workers have taken 
university classes on trafficking. The Government has also expanded its 
counter-trafficking efforts regionally with the establishment of the 
Crime Prevention Academy, which has begun to train Ukrainian and 
western Balkan law enforcement officials in counter-trafficking 
techniques.
    Assistance with temporary residency status, short-term relief from 
deportation, and shelter assistance were available to trafficking 
victims who cooperated with police and prosecutors. There was no 
government-run operational shelter for trafficking victims; however, 
NGOs have provided shelter for trafficking victims on an informal 
basis. The Ministry of Interior's Victims' Protection Office managed a 
victims' protection fund and posted information on victim protection in 
every county police headquarters. Victims' Protection Office branches 
in 51 localities provided psychological and social support services and 
legal aid for all types of victims including trafficking victims.
    The IOM, working with other NGOs, continued a program funded by the 
Government and foreign donors to raise awareness of the problem of 
trafficking and to educate potential victims. Women's rights 
organizations, the IOM, the Crime Prevention Section of the National 
Police, and the Ministry of Youth and Sports Affairs conducted 
preventive programs for teenagers in schools. NANE continued to operate 
a hotline that provided information on trafficking-associated 
advertising lures and situations to alert young women. NANE, the IOM, 
and the Public Fund for a Safe Hungary, with funding from foreign 
governments, cooperated to continue and enhance the operation of the 
hotline.
    NGOs working on trafficking problems reported that cooperation with 
counterpart government agencies improved. The NGOs provided law 
enforcement officers with training in recognizing and identifying 
trafficking victims, which included sensitivity training as well as 
techniques to combat trafficking (see Section 4).
    The Government has improved its internal coordination of its 
counter-trafficking efforts by forming an inter-ministerial working 
group.

    Persons With Disabilities.--The law prohibits discrimination 
against persons with disabilities in employment, education, or in the 
provision of other state services. Government sources estimated that 
there were between 600,000 and 1 million persons with disabilities (6 
to 10 percent of the population). Of these persons, 300,000 to 350,000 
were considered to have serious disabilities and received increased 
government benefits. Persons with disabilities faced societal 
discrimination and prejudice.
    A Council for the Disabled under the leadership of the Minister of 
Social and Family Affairs served as an advisory board to the 
Government. A decree requires all companies that employ more than 20 
persons to reserve 5 percent of their jobs for persons with physical or 
mental disabilities, with fines of up to 75 percent of the average 
monthly salary for noncompliance. In practice, this regulation was not 
very effective, as employers would rather pay the small fine if caught. 
The international NGO Mental Disability Rights International (MDRI) and 
the local NGO Hungarian Mental Health Interest Forum (PEF) noted that 
no procedures existed to oversee the treatment and care of persons with 
disabilities who were under guardianship. The MDRI and the PEF also 
criticized the use of cages in government facilities for persons with 
mental disabilities.
    The law mandates access to buildings for persons with disabilities; 
however, services for persons with disabilities were limited, and most 
buildings were not wheelchair accessible.

    National/Racial/Ethnic Minorities.--The law recognizes individuals' 
minority rights, establishes the concept of the collective rights of 
ethnic minorities, and states the inalienable collective right of 
minorities to preserve their ethnic identity. The law also permits 
associations, movements, and political parties of an ethnic or national 
character and mandates the unrestricted use of ethnic languages. To be 
recognized, an ethnic group must have at least 100 years' presence in 
the country, and its members must be citizens. On this basis, minority 
status was granted specifically to 13 national or ethnic groups (among 
which the Roma were easily the most numerous). Other groups may 
petition the Speaker of Parliament for inclusion if they believed that 
they fulfilled the requirements.
    According to the 2001 national census, Roma constituted 
approximately 2 percent of the population, but many NGOs and government 
offices estimated the number at up to 5 percent. Ethnic Germans, the 
second largest minority group, constituted approximately 0.7 percent of 
the population. Smaller communities of Slovaks, Croats, Romanians, 
Poles, Ukrainians, Greeks, Serbs, Slovenes, Armenians, Ruthenians, and 
Bulgarians also were recognized as ethnic minorities.
    During the year, the previously established office of Roma Affairs 
and the Political State Secretary for Minority Affairs were folded into 
the new Ministry of Youth, Family, and Social Affairs and Equal 
Opportunities. The Government planned to place a Roma affairs 
ministerial commissioner in six ministries. At year's end, there were 
two ministerial commissioners for Romani affairs in the Ministries of 
Education and Cultural Heritage. The Roma Affairs Inter-ministerial 
Commission, established in 1999, continued to work to support the 
integration of the Roma and to coordinate the Roma affairs activities 
of the ministries and the national government offices. Government and 
NGO observers claimed that they could have accomplished more were it 
not for budget limitations and the Government restructuring. However, 
the Government Office of Ethnic Minorities along with the Roma Affairs 
State Secretary played an active role in establishing the European Roma 
Forum in Brussels. Together with the Ministry of Education, the Office 
of Ethnic Minorities developed a special education program for three 
small minority communities (Polish, Greek, and Bulgarian) in which the 
children go to Hungarian schools but have an afternoon lesson in their 
native languages, cultures, and traditions.
    Living conditions for Romani communities continued to be 
significantly worse than for the general population. Roma were 
significantly less well educated and had below average income and life 
expectancy. The unemployment rate for Roma was estimated at 
approximately 70 percent, more than 10 times the national average, and 
most Roma lived in extreme poverty.
    The Minority Affairs Ombudsman played an active role in the 
examination of allegations of discrimination against the Romani 
community and continued to promote a uniform anti-discrimination law 
(see Section 4). The Law on Equal Treatment was passed by Parliament in 
December 2003.
    Reports of police abuse against Roma were common, but many Roma 
were fearful to seek legal remedies or notify NGOs (see Section 1.c.). 
Police finished the investigation into the 2002 case of arson at the 
Roma minority self-government building in Pecsvarad without any 
arrests. Local Roma claimed that police were protecting the 
perpetrator. The February 2003 case of a Roma man, who accused police 
in Hajduhadhaz of excessive force after being shot, went to trial. At 
year's end, there was no verdict in the case.
    The Penal Code provides penalties for hate crimes committed because 
of the victim's ethnicity, race, or nationality. Three cases from 2001 
charging incitement of the public remained pending at the middle of the 
year, all involving distribution of anti-Semitic tracts. In December 
2003, Parliament passed an amendment to the Hate Speech Law. The 
amendment modifies the law so that language does not have to meet the 
``incitement to violence'' test to be considered hate speech. The 
President referred the amendment to the Constitutional Court. In May, 
the Constitutional Court declared the amendment of the Hate Speech Law 
unconstitutional and returned the amendment to Parliament for 
reconsideration. The Parliament had not amended the Hate Speech Law by 
year's end.
    Negative stereotypes of Roma as poor and socially burdensome 
persisted. Widespread discrimination against Roma continued in 
education, housing, penal institutions, and access to public 
institutions, such as restaurants and pubs. In some instances, the 
authorities fined establishments that banned Roma. In August 2003, the 
Roma Press Center published a report that a hospital in Heves County 
segregated pregnant Roma. At the instigation of the Minister of Equal 
Opportunity and the National and Ethnic Minority Office, the hospital 
made changes in the structure of the wards, and the responsible nurses 
were disciplined. During the year, the Ombudsman initiated an 
investigation in the case of the Roma man who died while being captured 
in Kecskemet (see Section 1.a.). The National and Ethnic Minority Right 
Protection Office sued a book-publishing house for publishing and 
distributing a schoolbook of ethics with several anti-Roma statements. 
Although the book is not on the national list of schoolbooks, schools 
can use it. The Roma Rights Protection Foundation has urged the 
Government to ban the book. During the year, the Minority Affairs 
Ombudsman conducted a survey on the Roma in the media, and concluded 
that Roma were underrepresented in the state-owned media outlets. The 
report recommended that the Government adopt some type of positive 
discrimination or affirmative action program to increase Roma 
representation in the media.
    Education was available to varying degrees in most minority 
languages. There were certain minority schools where the minority 
language was also the primary language of instruction, and there were 
some schools where minority languages were taught as a second language.
    Schools for Roma were more crowded, more poorly equipped, and in 
significantly worse condition than those attended by non-Roma. 
Government sources estimated that graduation rates for Roma remained 
significantly lower than for non-Roma, although there were no available 
statistics.
    NGOs claimed that city councils threatened to remove children from 
Roma families in order to more easily evict those families for 
nonpayment of public utilities (see Section 1.f.).
Section 6. Worker Rights
    a. The Right of Association.--The Labor Code recognizes the right 
of unions to organize and permits trade union pluralism, and the 
Government enforced it in practice. Workers have the right to associate 
freely, choose representatives, publish journals, and openly promote 
members' interests and views.
    There were six trade union federations; each was targeted broadly 
at different sectors of the economy. The largest labor union 
organization was the National Confederation of Hungarian Trade Unions, 
the independent successor to the former monolithic Communist union, 
with approximately 235,000 members. As an indicator of union 
membership, in 2003, a total of nearly 600,000 taxpayers declared a 
deduction for payment union fees.

    b. The Right to Organize and Bargain Collectively.--The Labor Code 
permits bargaining at the enterprise and industry level, but collective 
bargaining was not widespread in many sectors of the economy. Labor 
organizations cooperated with each other and the Government. For 
example, the major trade unions worked closely together in the Interest 
Reconciliation Council, which brought together government officials, 
employers, and trade union leaders to advise the Government on labor 
policies and to set target wage increases. Individual trade unions and 
management may negotiate higher wages at the plant level. Under a 
separate law, public servants may negotiate working conditions, but the 
final decision on increasing their salaries rests with Parliament. The 
Ministry for Employment Policy and Labor Issues was responsible for 
drafting labor-related legislation, among other tasks.
    With the exception of military personnel and police officers, 
workers have the right to strike.
    There are no export processing zones, but individual foreign 
companies frequently were granted duty-free zone status for their 
facilities. Employees in such facilities and zones are protected under 
the labor laws.

    c. Prohibition of Forced or 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.--The 
Government adopted laws to protect children from exploitation in the 
workplace. The Labor Code prohibits labor by children under the age of 
16 and regulates temporary labor conditions during the school vacations 
for minors (14 to 16 years of age), including prohibitions on night 
shifts and hard physical labor. Children may not work overtime. The 
National Labor Center enforced these regulations in practice, and there 
were no reports of any significant violations of this statute.

    e. Acceptable Conditions of Work.--The IRC has the right to 
establish the minimum wage through agreement among its participants, 
representatives of the Government, employers, and employees. The 
minimum monthly wage was raised to $260 (53,000 HUF), which did not 
provide a decent standard of living for a worker and family. The gross 
average monthly wage was $550 (109,000 HUF). The minimum wage was only 
49 percent of the average wage, and many workers needed a second job to 
make ends meet.
    The Labor Code specifies various conditions of employment, 
including termination procedures, severance pay, maternity leave, trade 
union consultation rights in some management decisions, paid vacation 
and sick leave entitlements, and labor conflict regulations procedures. 
The Code sets the official workday at 8 hours, although it may vary 
depending upon the nature of the industry. A 48-hour rest period is 
required during any 7-day period. In 2002, the Labor Code was amended 
to conform to EU standards.
    Labor courts and the Ministry of Economy enforced occupational 
safety standards set by the Government, but specific safety conditions 
were not consistent with internationally accepted standards. The 
enforcement of occupational safety standards was not always effective, 
in part due to limited resources. Under the Labor Code, workers have 
the right to remove themselves from dangerous work situations without 
jeopardizing their continued employment, and this right generally was 
respected in practice.

                               __________

                                ICELAND

    Iceland is a constitutional republic and a parliamentary democracy 
in which citizens periodically choose their representatives in 
generally free and fair multiparty elections. Executive authority is 
vested in the prime minister, who is head of government and is 
appointed by the President. The President is head of state and is 
elected by popular vote for a 4-year term. The unicameral Althingi 
parliament constitutes the legislative branch. In May 2003, voters 
reelected the Independence and Progressive parties to form a governing 
coalition led by Prime Minister David Oddsson (Independence). On June 
26, Olafur Grimsson was reelected as president. In September, Foreign 
Minister Halldor Asgrimsson (Progressive) replaced Oddsson based on a 
coalition agreement. The judiciary is independent.
    Civilian authorities maintained effective control of the police 
forces, which were responsible for internal security. The country had 
no military forces. There were no reports that security forces 
committed human rights abuses.
    The market economy provided residents with a high standard of 
living. The population was approximately 290,570; the gross domestic 
product grew approximately 4 percent during the year. Fish and other 
marine products accounted for approximately 40 percent of the country's 
exports; aluminum was the second leading export.
    The Government generally respected the human rights of its 
citizens, and the law and judiciary provide effective means of 
addressing individual instances of abuse. Societal discrimination 
against minorities and foreigners was a problem. There were isolated 
reports of women trafficked to 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 the arbitrary or unlawful deprivation of life committed by 
the Government or its agents.

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

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The law prohibits such practices, and there were no 
reports that government officials employed them. In its May 2003 review 
of the country's report on its implementation of the Convention Against 
Torture, the U.N. Committee Against Torture (CAT) expressed concern 
that the law does not clearly define and prohibit torture and does not 
prohibit the courts' use of evidence obtained through torture; however, 
the Government responded that its law does prohibit torture. In 2003, 
the Ministry of Justice disseminated the conclusions of the CAT among 
relevant ministries and agencies.
    Prison conditions generally met international standards, and the 
Government permitted visits by independent human rights observers. The 
Ombudsman of Parliament monitored prison conditions.
    Litla Hraun Prison, a state-of-the-art detention facility, held 
most of the country's approximately 100 prisoners; however, the prison 
system also used a substandard jail (Hegningarhusid), where the 16 
individual cells lacked toilets and sinks. In most cases, prisoners 
stayed in Hegningarhusid Prison only a short time for evaluation and 
processing before moving to another facility.
    The Government maintained a separate minimum-security prison for 
women inmates; however, because so few women were incarcerated, some 
men who had been convicted of nonviolent crimes were held there as 
well. Judges could sentence juvenile offenders who were at least 15 
years old to prison terms, but they gave the vast majority probation or 
suspended sentences or sent them to treatment programs. In the rare 
instances when juvenile offenders were incarcerated, they were held 
with adults, since there was no separate facility for juveniles. Since 
the need to incarcerate a juvenile occurred infrequently, the 
Government argued that separation was not practical; however, human 
rights observers criticized this practice.
    The law allows the Government to hold pretrial detainees with the 
general prison population. In May 2003, the Government initiated the 
bidding process for a new detention prison near Reykjavik for 
completion in 2005. As of December, the project remained in the 
planning stages, and it appeared the deadline would not be met.
    During the year, 86 persons placed in custody spent some time in 
solitary confinement, on average for 10.7 days. In March 2003, the 
Ombudsman of Parliament criticized Litla Hraun officials' carelessness 
and asked the prison authority to take steps to ensure medical 
treatment for inmates in solitary confinement. He acted on a complaint 
filed by an inmate in 2002 whose request to see a psychiatrist was 
ignored. During the year, the prison authority retrained staff on 
proper procedures for safeguarding prisoner welfare; however, mental 
health advocates complained that prisoner access to mental health care 
remained inadequate.

    d. Arbitrary Arrest or Detention.--The Constitution prohibits 
arbitrary arrest and detention, and the Government generally observed 
these prohibitions.
    The Minister of Justice is the head of the police force. The 
National Commissioner of Police administers and runs police operations 
that require centralized coordination among various offices. Various 
district chiefs of police have responsibility for law enforcement in 
their areas, investigate criminal offenses, and have prosecution 
powers.
    Police may only make arrests when they strongly suspect someone has 
committed a crime or when someone refuses to obey police orders to 
move. Persons placed under arrest are entitled to legal counsel, 
receive a form for their signature that outlines their rights and 
options, and within 24 hours of the arrest appear before a judge who 
rules whether they need to remain in custody during the investigation.
    In December 2003, the Reykjavik district court found two Reykjavik 
police officers guilty of improper arrests and false reports. Both 
officers lost their jobs, and the court imposed suspended prison 
sentences of 2 and 5 months; the longer term was given to an officer, 
who also was found guilty of improper use of chemical spray. In May, 
the Supreme Court dismissed one of the two charges of improper arrest, 
acquitted the officer who had been given a 2 month sentence, and 
reduced the 5 month sentence to 2 months. The police reinstated the 
acquitted officer.

    e. Denial of Fair Public Trial.--The Constitution and the law 
provide for an independent judiciary, and the Government generally 
respected this provision in practice.
    There are two levels of courts: a five-member Judicial Council, 
which administers the eight district courts, and the Supreme Court. The 
Minister of Justice appoints members of the Judicial Council and the 
Supreme Court; all judges, at all levels, serve for life.
    The law provides for the right to a fair trial, and an independent 
judiciary generally enforced this right. Courts do not use juries, but 
multi-judge panels are common, particularly in the Supreme Court, which 
hears all appeals. The courts presume defendants' innocence and 
generally try them without delay. Defendants receive access to legal 
counsel of their own choosing. For defendants unable to pay attorneys' 
fees, the State covers the cost; however, defendants who are found 
guilty must reimburse the State. Defendants have the right to be 
present at their trial, to confront witnesses, and to participate in 
the proceedings. At the discretion of the courts, prosecutors may 
introduce evidence that police have obtained illegally. With limited 
exceptions, trials are public and conducted fairly. Defendants have the 
right to appeal, and the Supreme Court handles appeals expeditiously.
    In June, the European Court of Human Rights ruled that police had 
violated Article 5.1 (right to liberty and security) of the European 
Convention on Human Rights in the case of a woman arrested six times, 
from 1988 to 1992, for drunk and disorderly behavior. The court found 
that, at the time of arrest, the police lacked sufficient legal basis 
for the woman's detention, but rejected her compensation claim. The 
court stated that the laws in question were not clear enough to prevent 
possible cases of arbitrary arrest. The laws are no longer in effect.
    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 has not completed its promised revision of 1998 
legislation to establish a national computerized health records 
database. Following a 2003 Supreme Court ruling that its encryption 
would be insufficient to protect privacy, the never-completed database 
remained inactive.
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 independent media were active and expressed a wide variety of 
views without restriction.
    Internet access was almost universally available and unrestricted.

    b. Freedom of Peaceful Assembly and Association.--The Constitution 
provides for freedom of assembly and association, and the Government 
generally respected these rights in practice.
    In June 2003, the Privacy and Data Protection Authority informed 
the Ministry of Justice that the Ministry had acted unlawfully in 
issuing lists of Falun Gong members to police and airlines who in turn 
denied entry to the country to between 110 and 120 Falun Gong 
practitioners in June 2002. A human rights lawyer asked the Ministry of 
Justice to issue an official apology to the group and threatened to 
take legal action if it did not do so. At the lawyer's request, the 
Ombudsman of the Althingi reviewed the case. In a preliminary finding, 
the Ombudsman determined that the law permits authorities to bar 
prospective protesters from entering the country and, alternatively, to 
make entry contingent on signing agreements to follow police orders. 
Human rights advocates complained that the Ombudsman's decision set a 
precedent for unfettered government action whenever the police assert 
that a group presents a threat to public order. The Ombudsman has yet 
to respond to complaints that the Government directed its national 
airline to bar Falun Gong members from boarding planes bound for the 
country.

    c. Freedom of Religion.--The Constitution provides for freedom of 
religion, and the Government generally respected this right in 
practice. The State financially supported and promoted the official 
religion, Lutheranism.
    The State directly paid the salaries of the 147 ministers in the 
State Lutheran Church, and these ministers were considered to be public 
servants under the Ministry of Justice and Ecclesiastical Affairs; 
however, the Church was autonomous in its internal affairs. The 
Government did not pay Lutheran ministers in the nonstate churches, 
also known as Free Churches.
    All citizens 16 years of age and older must pay an annual church 
tax of approximately $121 (isk 7,800). For persons who were not 
registered as belonging to a religious organization, or who belonged to 
one that was not registered and officially recognized, the tax payment 
went to the University of Iceland, a secular institution.
    The law specifies conditions and procedures that religious 
organizations must follow to be registered by the Government. Such 
recognition was necessary for religious organizations other than the 
state church to receive a per capita share of church tax funds from the 
Government. The law applies only to religious organizations that are 
seeking to be, or are already, officially recognized and registered. 
The Government did not place any restrictions or requirements on 
unregistered religious organizations, which had the same rights as 
other groups in society.
    The law mandates religious instruction in Christianity in the 
public schools; however, students may be exempted from attending the 
classes. Anti-bias and tolerance education are incorporated in the 
national curriculum in life skills and sociology courses.
    In August, a Jewish visitor reported in an online newsmagazine that 
he and a friend had been harassed by a group of young teenagers who 
pointed at his yarmulke, gave a ``heil Hitler'' salute, and then 
briefly blocked the visitors' exit from a parking lot and intimidated 
them. A daily newspaper picked up the story, sparking over 30 online 
comments from correspondents based in the country. Some of the comments 
were themselves anti-Semitic or xenophobic in tone and content.
    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 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. The Government cooperated 
with the U.N. High Commissioner for Refugees and other humanitarian 
organizations in assisting refugees. In January 2003, the Act on 
Foreigners took effect that provides guidelines on the granting of 
asylum and refugee status; the Act provides that only the Directorate 
of Immigration may deny admission to asylum seekers. The Government did 
not accept quota refugees during the year.
    The Government has not formulated a policy of temporary protection 
for those persons who fall outside of the definition of the 1951 U.N. 
Convention Related to the Status of Refugees or its 1967 Protocol 
because this issue has rarely arisen. The Directorate of Immigration 
and the Icelandic Red Cross reported that 76 persons applied for asylum 
during the year (compared with 80 in 2003 and 110 in 2002). Of these, 
64 were sent to other countries, withdrew their applications, and were 
denied asylum. At year's end, the applications of 12 persons still were 
being processed. Most asylum seekers applied for asylum after entering 
the country, rather than in the international sector of the airport. On 
February 12, the small municipality of Reykjanesbaer, pursuant to a 
contract with immigration authorities, took over housing and care of 
asylum seekers from the Red Cross. Processing of asylum cases may take 
a year or more, during which time asylum seekers were eligible for 
state-subsidized health care, could apply for work permits and enroll 
their children in public schools.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The Constitution provides citizens with the right to change their 
government peacefully, and citizens exercised this right in practice 
through periodic, free, and fair elections held on the basis of 
universal suffrage. Elections to the Althingi, the unicameral 
legislature, were held in May 2003.
    Center-right coalitions have governed since 1991. There were 19 
women in the 63-seat Althingi and 3 women in the 12-member Cabinet. Two 
of 9 Supreme Court members and 10 of 38 district court judges were 
women. Foreigners, who have resided in the country legally for 5 years 
(3 years for Scandinavian citizens), may vote in municipal elections. 
There were no members of minorities in the legislature.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    A number of domestic and international human rights groups 
generally operated without government restriction, investigating and 
publishing their findings on human rights cases. Government officials 
were cooperative and responsive to their views. An independent 
Ombudsman, elected by Parliament, monitors and reports to national and 
local authorities to ensure equal protection of persons residing in the 
country, whether citizens or aliens. Individuals may lodge complaints 
with the Ombudsman regarding decisions, procedures, and conduct of 
public officials and government agencies. The Ombudsman may demand 
official reports, documents, and records and may summon officials to 
give testimony and has access to official premises. While the 
Ombudsman's conclusions are not binding on authorities, his 
recommendations generally have been followed. There was also a 
Children's Ombudsman (see Section 5, Children).
    In November, the parliament cut all direct government funding for 
the Icelandic Human Rights Center, effective at year's end. Funded 
primarily by the Government, but operated as an NGO, the Center had 
acted as the country's leading human rights watchdog, vetting 
government legislation and reporting to international treaty monitoring 
bodies as well as promoting human rights education and research. Public 
figures, human rights advocates, and several of the center's European 
partner institutes argued that having to apply to the executive branch 
for grants henceforth will undermine the center's independence.
Section 5. Discrimination, Societal Abuses and Trafficking in Persons
    The Constitution prohibits discrimination based on these factors, 
but the law does not prohibit discrimination by nongovernmental actors.

    Women.--The law prohibits domestic violence and rape, including 
spousal rape; however, violence against women continued to be a 
problem, with gang rapes an ongoing concern. Police statistics 
indicated that the incidence of violence against women, including rape 
and sexual assault, was low; however, the number of women seeking 
medical and counseling assistance indicated that many incidents went 
unreported. During the year, up to 88 women sought temporary lodging at 
the country's women's shelter, mainly because of domestic violence, and 
the shelter offered counseling to approximately 443 clients. During the 
year, the sexual violence counseling center in Reykjavik drew 446 
clients, including 223 seeking help for the first time.
    The Government helped finance various facilities and organizations 
that provided assistance to victims of violence. The City of Reykjavik, 
in addition to partially funding such services, provided help to 
immigrant women in abusive relationships, offering emergency 
accommodation, counseling, and information on legal rights. Courts 
could issue restraining orders, but there were complaints that the 
police were reluctant to recommend them and that the courts granted 
them only in extreme circumstances. Victims of sexual crimes were 
entitled to lawyers to advise them of their legal rights and help them 
pursue cases against the alleged assailants; however, a large majority 
of victims declined to press charges or chose to forgo trial, in part 
to avoid unwanted publicity. Some local human rights monitors also 
attributed underreporting to the fact that convictions are rare due to 
the heavy burden of proof and traditionally yield light sentences. The 
maximum penalty for rape is 16 years' imprisonment, but judges 
typically imposed sentences much closer to the minimum of 1 year.
    Prostitution is legal, but it is illegal to engage in prostitution 
as a main source of income. It is also illegal to act as an 
intermediary in the sale or procurement of sex.
    There were concerns that some foreign women were trafficked to work 
as exotic dancers or in massage parlors where sexual services are 
offered (see Section 5, Trafficking).
    More than 75 percent of women participated in the labor market. In 
part, this circumstance reflected the country's comprehensive system of 
subsidized day care, which made work outside the home more affordable 
and convenient for parents. The law requires that employers give 
preference to hiring and promoting men or women in areas where they are 
underrepresented, so long as they are equal in all other respects to 
job seekers of the opposite sex. Despite laws that require equal pay 
for equal work, a pay gap existed between men and women. According to 
one of the largest labor unions, during the year, women on average 
earned 15 percent less than men. Some women's rights activists also 
expressed concern that the proportion of women in the legislature 
dropped below one-third after elections in May 2003 (see Section 3) and 
that only 14 percent of the bar and 22 of 147 professors at the 
national university were women.
    Since January 2003, the law permits both mothers and fathers to 
take 3 months of paid leave upon the birth of a child, with an 
additional 3 months that parents either could take individually or 
split between them. Such leave is at 80 percent of the normal salary. 
The new leave requirements apply equally to the public and private 
sectors.
    The Government funded a Center for Gender Equality to administer 
the Act on Equal Status and Equal Rights of Women and Men. The center 
also provided gender equality counseling and education to national and 
municipal authorities, institutions, companies, individuals, and NGOs. 
The Minister of Social Affairs appoints a Complaints Committee on Equal 
Status to adjudicate alleged violations of the act; the committee's 
rulings are nonreviewable. The Minister of Social Affairs also appoints 
an Equal Status Council, with nine members drawn from national women's 
organizations, the University of Iceland, and labor and professional 
groups, which makes recommendations for equalizing the status of men 
and women in the labor market.
    During the year, the Complaints Committee found that there was 
demonstrable gender bias in the Justice Minister's 2003 appointment of 
a Supreme Court justice where the minister did not provide an adequate 
explanation for appointing a man instead of a more qualified woman. The 
candidate delayed legal action while her application for another 
Supreme Court seat was under consideration, but, following the 
appointment in September of another male to the court, declared her 
intention to sue. At year's end, she had not yet done so.

    Children.--The Government was strongly committed to children's 
rights and welfare; it funded public education and health care. School 
attendance is compulsory through the age of 15 and free through public 
university level. Approximately 85 percent of students continued to 
upper secondary education. The Government provided free prenatal and 
infant medical care, as well as heavily subsidized childcare. The 
Children's Ombudsman, who is appointed by the Prime Minister but is 
independent from the Government, fulfilled a mandate to protect 
children's rights, interests, and welfare by, among other things, 
exerting influence on legislation, government decisions, and public 
attitudes. When investigating complaints, the Ombudsman had access to 
all public and private institutions and associations that house 
children or otherwise care for them; however, the Ombudsman's 
conclusions were not legally binding on parties to disputes.
    There were some reports of abuse of children, although there was no 
societal pattern of child abuse. The government-funded Agency for Child 
Protection operated eight treatment centers and a diagnostic facility 
for abused and troubled minors. It also coordinated the work of 
approximately 34 committees throughout the country that were 
responsible for managing child protection issues (for example, foster 
care) in their local areas. Beginning in 2002, the local committees 
hired professionals knowledgeable about sexual abuse. One committee 
could not, due to its remote location, hire a specialist on sexual 
abuse and had to rely on temporary hires on a case-by-case basis 
instead.
    In an effort to accelerate prosecution of child sexual abuse cases 
and lessen trauma to the child, the Government maintained a Children's 
Assessment Center (Barnahus). The center, which handled approximately 
199 child abuse cases during the year, was intended to create a safe 
and secure environment where child victims might feel more comfortable 
talking about what happened to them. It brought together police, 
prosecutors, judges, doctors, and officials from child protection 
services. District Court judges did not have to use the center and 
could hold investigatory interviews in the courthouse instead, a 
practice that concerned some children's rights advocates.

    Trafficking in Persons.--The law prohibits trafficking in persons; 
however, there were anecdotal reports that women were trafficked for 
exploitation.
    The general penal code states that ``whoever is found guilty of 
trafficking in persons with the aim of sexual abuse, or forced labor, 
or for organ removal shall be punished by up to 8 years imprisonment.'' 
Criminal procedures provide that victims may testify against 
traffickers at government expense. During the year, police did not 
charge any persons with trafficking, although traffickers have been 
convicted under the law on alien smuggling.
    The law provides that a person may be extradited as long as the 
offense involved would be punishable by more than 1 year's 
imprisonment; therefore, the law would allow the extradition of persons 
who were charged with trafficking in other countries.
    Police, airport authorities, and women's aid groups reported that 
there was anecdotal evidence of foreign women trafficked to the 
country, primarily to work in striptease clubs or massage parlors 
offering sexual services. The Baltic countries were the main region of 
origin for women working in such clubs and parlors, with others coming 
from Central and Eastern Europe and Russia. There were no statistics on 
the number or origin of women actually trafficked. To work as an exotic 
dancer, any person from outside the European Economic Area (EEA) must 
first obtain a work permit, which is typically valid for 3 months. In 
2002, the number of foreign dancers applying for work permits dropped 
sharply after Reykjavik authorities prohibited private dances that 
served as a front for prostitution. The Supreme Court upheld the ban in 
2003, and other municipalities have since enacted their own bans, thus 
largely destroying the profit incentive for trafficking women into the 
country. Social workers suspect that most foreign women working in this 
field now come from within the EEA and are thus impossible to track 
through work permit applications.
    Trafficking victims could seek help at the women's shelter, 
counseling center, and hospital, all of which receive government 
funding. There were no domestic NGOs dedicated solely to assisting 
victims of trafficking, nor was there an established government 
assistance program. Some NGOs provided government-supported counseling 
and shelter to women and children who were victims of violence or 
sexual abuse. The government-funded Icelandic Human Rights Center was 
also available to assist with trafficking cases and make referrals.
    The Government participates in the Nordic-Baltic Action Group 
Against Human Trafficking, which hosts periodic meetings to discuss 
programs and strategies. The group, established to succeed the Nordic-
Baltic Campaign Against Trafficking, has a mandate that runs until 
August 2006.

    Persons With Disabilities.--There was no official discrimination 
against persons with disabilities in employment, education, or the 
provision of other state services. The law provides that such persons 
have the right to all common national and municipal services and to 
receive assistance to live and work normally in society. The law also 
provides that persons with disabilities receive preference for a 
government job when they are at least as qualified as other applicants; 
however, advocates asserted that common practice and implementation of 
the law fell short of full protection of the rights of persons with 
disabilities to the extent that persons with disabilities have come to 
constitute a majority of the country's poor.
    Building regulations require that public accommodations and 
government buildings, including elevators, be accessible to persons in 
wheelchairs; that public property managers reserve 1 percent of parking 
spaces (a minimum of one space) for persons with disabilities; and 
that, to the extent possible, sidewalks outside the main entrance of 
such buildings be kept clear of ice and snow. Violations of these 
regulations are punishable by a fine or a jail sentence of up to 2 
years; however, the main association for persons with disabilities 
complained that this regulation was not enforced regularly, and 
authorities rarely assessed penalties for noncompliance.
    Some mental health advocates criticized the Government for not 
devoting sufficient attention and resources to the care of persons with 
mental disabilities. Although the law safeguards their rights, a large 
number of persons with mental disabilities remained on waiting lists 
for housing, education, and employment programs. Advocates for the 
mentally ill alleged that government funding for the care of the 
mentally ill was generally inadequate and that the government-financed 
health system funded too few hospital places for acute patients and 
thus exacerbated a shortage of publicly funded preventative and follow-
up mental health care.

    National/Racial/Ethnic Minorities.--While the population remained 
largely homogeneous, family- and employment-sponsored immigrants were 
more visible.
    In May, the parliament amended the 2002 Act on Foreigners in order 
to eliminate perceived loopholes in the immigration system and combat 
phony or arranged marriages. The amendments stipulate that in order to 
win automatic residence rights, a foreign spouse has to be at least 24 
years old. Further, the amendments give authorities the power to 
conduct house searches without a prior court order, as well as DNA 
testing, in cases where they suspect immigration fraud. Human rights 
and immigrants' advocates criticized the amendments, arguing that it is 
discriminatory effectively to demand a higher marriage age of 
foreigners than of citizens, who can marry at age 18. They also 
complained that the house searches and DNA tests being contemplated 
violated privacy rights.
    The term ``newcomer'' has taken on a negative connotation and was 
increasingly applied to immigrants of color. Asian women in public at 
night reportedly were sometimes taunted on the assumption that they 
were prostitutes and minority children were teased for allegedly having 
been ``purchased on the Internet.''
    The Icelandic Red Cross operated an Intercultural Center in 
Reykjavik to help foreigners adjust to living in the country. The 
center offered free translation, education, research, and advice 
services. The Ministry of Social Affairs operated a Multicultural 
Center in Isafjordur that facilitated the interaction of citizens with 
foreign nationals and provided support services for foreign nationals 
in rural municipalities. However, the Isafjordur center's remote West 
Fjords location meant that it could serve only the immigrant community 
in that region.
    In June, the publishers of a Reykjavik monthly newspaper recounted 
how a private dance company refused to rent them a national costume 
(for a planned cover shoot intended to depict the future of the 
country) because the model was black. The company's spokesman offered 
the explanation that his organization had objected to the newspaper's 
proposed theme because, if anything, the country's future of Iceland 
was yellow rather than black. The public reaction was overwhelmingly 
critical of the dance company, and the Bishop of Iceland referred to 
the matter in a speech before the Althingi urging tolerance.
    The Government said it was reviewing the recommendations of a 2003 
report by the European Commission against Racism and Intolerance that 
concluded that conditions for immigrants ``may not be wholly 
satisfactory.''
Section 6. Worker Rights
    a. The Right of Association.--The Constitution provides for the 
right of workers to establish unions, draw up their own constitutions 
and rules, choose their own leaders and policies, and publicize their 
views; and workers exercised these rights. Labor unions were 
independent of the Government and political parties. Approximately 85 
percent of all eligible workers belonged to unions.

    b. The Right to Organize and Bargain Collectively.--The law allows 
unions to conduct their activities without interference, and the 
Government protected this right in practice. The law requires employers 
to withhold union dues (1 percent of gross pay) from the pay of all 
employees, whether or not they are union members, to help support 
disability, strike, and pension funds, and other benefits to which all 
workers are entitled.
    Trade unions and management organizations periodically negotiate 
collective bargaining agreements that set specific terms for workers' 
pay, hours, and other conditions. With limited exceptions, collective 
bargaining is done on an industry- or sector-wide basis. These 
agreements, not the law, set the minimum labor standards for most 
workers. The Government played a minor role in the bargaining process, 
providing mediation assistance in a few cases through the State 
Mediator's Office.
    At its annual June labor conference, the International Labor 
Organization (ILO) upheld a 2003 ILO Freedom of Association Committee 
finding that the Government had, in the course of a 2001 fishing 
industry strike, infringed on the principle of free and voluntary 
collective bargaining and recommended that the country review its 
practices concerning labor disputes.
    With the exception of limited categories of workers in the public 
sector whose services are essential to public health or safety, unions 
have the right to strike.
    There 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 employment of children younger than age 16 in 
factories, on ships, or in other places that are hazardous or require 
hard labor; this prohibition was observed in practice. Children 14- or 
15-years old may be employed part-time or during school vacations in 
light, nonhazardous occupations. Their work hours must not exceed the 
ordinary work hours of adults in the same occupation. The 
Administration of Occupational Safety and Health enforced child labor 
regulations effectively.

    e. Acceptable Conditions of Work.--The law does not establish a 
minimum wage, but the minimum wages negotiated in various collectively 
bargained agreements applied automatically to all employees in those 
occupations, whether they were union members or not. While the 
agreements can be either industry- or sector-wide, and in some cases 
firm-specific, the minimum wage levels are occupation-specific. Labor 
contracts provided a decent standard of living for a worker and family.
    The standard legal workweek was 40 hours, which included nearly 3 
hours of paid breaks a week. Work exceeding 8 hours in a workday must 
be compensated as overtime. Workers were entitled to 11 hours of rest 
within each 24-hour period and to a day off every week. Under defined 
special circumstances, employers may reduce the 11-hour rest period to 
no less than 8 hours, but they then must compensate workers with 1.5 
hours of rest for every hour of reduction. They may also postpone a 
worker's day off by 1 week.
    The legislature set health and safety standards, and the Ministry 
of Social Affairs administered and enforced them through its 
Administration of Occupational Safety and Health, which could close 
workplaces until they met safety and health standards. Workers had a 
collective, but not individual, right to refuse to work in a place that 
did not meet occupational safety and health criteria. It is illegal to 
fire workers who report unsafe or unhealthy conditions.
    In 2003, union representatives and media reported that Italian 
contractor Impregilo failed to pay adequate wages or provide proper 
accommodation and facilities to several hundred foreign workers on a 
major government-financed hydroelectric dam construction project. The 
company hired workers through Portuguese employment agencies that 
created multiple versions of contracts to mislead both employees and 
regulators. The unions ultimately concluded an agreement with Impregilo 
guaranteeing them access to wage information. A number of cases of 
alleged violations of workers' rights remained under union review, but 
no legal action has been taken.

                               __________

                                IRELAND

    Ireland is a multiparty parliamentary democracy with an executive 
branch headed by a prime minister, a bicameral parliament, and a 
directly elected president. In November, the President was inaugurated 
for a second term of 7 years. Parliamentary elections were last held in 
May 2002. The Government is a coalition composed of Fianna Fail (the 
largest party in the country) and the Progressive Democrats. Fianna 
Fail leader Bertie Ahern is the Prime Minister. The judiciary is 
independent.
    The national police have primary responsibility for internal 
security; the army acted in their support when necessary. The civilian 
authorities maintained effective control of the security forces. There 
were no reports that security forces committed human rights abuses.
    The country, with a population of 4.1 million, has an open, market-
based economy that is primarily industrial, although agriculture 
remains a key sector. The gross national product increased by 
approximately 4.8 percent, and the inflation rate was approximately 2.2 
percent. Wages 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. Abuse and mistreatment of 
children were problems. There were incidents of violence against 
immigrants, racial minorities, and some discrimination against 
Travellers (an indigenous migrant community).
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Arbitrary or Unlawful Deprivation of Life.--There were no 
reports of the arbitrary or unlawful deprivation of life by the 
Government or its agents.
    There were no developments in the case of the allegations of 
collusion between security forces and paramilitaries in the 1989 
killing of two Royal Ulster Constabulary officers in Northern Ireland.

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

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The law prohibits such practices; however, there were 
reports of abuse by police officers.
    The Police Complaints Board recorded 1,175 complaints, including 
abuse of authority, discourtesy, neglect, and discreditable conduct of 
police officers in 2003, compared with 1,405 such complaints recorded 
in 2002. Of these complaints, 2 percent were adjudicated as minor 
breaches of discipline and referred to the Commissioner, and 3 percent 
were deemed as breaches of discipline and referred to a tribunal.
    In several communities, there were allegations of incidents of 
violence against racial minorities and immigrants (see Section 5).
    Prison conditions generally met international standards; however, 
work and sanitation conditions remained poor in some prisons.
    Living conditions in mental health establishments continued to need 
improvement, although the Government made progress in upgrading 
conditions. Human rights groups continued to condemn the Central Mental 
Health Hospital in Dundrum, the country's only secure hospital for 
prisoners with mental disabilities, because of understaffing and poor 
infrastructure. The Government created, but has not yet implemented, a 
program to add observation cells and remove padded cells at the 
hospital.
    Male prisoners were held separately from female prisoners, 
juveniles were held separately from adults, and pretrial detainees were 
held separately from convicted prisoners.
    The Government permitted prison visits by domestic and 
international human rights observers in most cases; however, 
appointments were necessary to tour facilities, and there were no 
visits during the year.

    d. Arbitrary Arrest or Detention.--The Constitution prohibits 
arbitrary arrest and detention, and the Government generally observed 
these prohibitions, however, the use of special arrest and detention 
authority continued, primarily for those involved in paramilitary 
organizations.
    The national police have primary responsibility for internal 
security but are generally an unarmed force; therefore, the army, under 
the effective civilian control of the Minister for Defense, acted in 
support of the police when necessary. The Government continued to 
monitor closely indigenous paramilitary groups active in the Republic 
and Northern Ireland.
    A person may be arrested without a warrant when the police, with 
reasonable cause, suspect that an offense has been committed and that 
the person is guilty of that offense. When the suspect is brought to 
the police station, details of the offense must be set out in a 
``charge sheet.'' A copy of the details must be given to the suspect. 
The police will formally charge the suspect by reading each charge to 
the suspect and noting any replies. After being charged and cautioned, 
the suspect must be released on bail as soon as reasonably possible. At 
the District Court level, the suspect may either be released on bail or 
may be detained in custody (``on remand'') by the judge. Bail is 
possible. If a suspect out on bail fails to appear before the court, 
the judge issues a ``bench warrant'' for the suspect's arrest.
    The Offenses Against the State Act allows police to arrest and 
detain for questioning anyone suspected of committing a ``scheduled 
offense''--crimes involving firearms, explosives, or membership in an 
unlawful organization. As a result, the police have broad arrest and 
detention powers in any case involving firearms. In cases covered by 
this Act, the initial period of detention without charge is 24 hours at 
the direction of a police superintendent, and detention may be extended 
another 24 hours by a judge.
    Detainees and prisoners are allowed unrestricted access to 
attorneys. If the detainee does not have an attorney, the court will 
appoint one; if the detainee cannot afford an attorney, the Government 
will provide one through the Free Legal Aid program.
    The law allows a court to refuse bail to a person charged with a 
serious offense (one that carries a penalty of 5 years' imprisonment or 
more) when it is considered reasonably necessary to prevent the 
commission of another serious offense.
    The Offenses Against the State Act also provides for the indefinite 
detention, or internment, without trial of any person who is engaged in 
activities that are ``prejudicial to the preservation of public peace 
and order or to the security of the State''; however, this power has 
not been invoked since the late 1950s.
    The Criminal Justice (Drug Trafficking) Act permits detention 
without charge for up to 7 days in cases involving drug trafficking; 
however, to hold a suspected drug trafficker for more than 48 hours the 
police must seek a judge's approval.

    e. Denial of Fair Public Trial.--The Constitution provides for an 
independent judiciary, and the Government generally respected this 
provision in practice.
    The judicial system consists of district courts, circuit courts, 
the High Court, the Court of Criminal Appeal, and the Supreme Court. 
The President appoints judges recommended by the Judicial Appointment 
Board, who choose from a list presented by the Government.
    The Director of Public Prosecutions (DPP), an independent 
government official, prosecutes criminal cases. Jury trials usually are 
used in criminal cases, and the accused may choose an attorney. 
Indigent defendants have the right to an attorney at public expense. 
Defendants have the right to present evidence, question witnesses, a 
presumption of innocence, and the right to appeal.
    The Constitution explicitly allows ``special courts'' to be created 
when ``ordinary courts are inadequate to secure the effective 
administration of justice and the preservation of public peace and 
order.'' A non-jury ``Special Criminal Court'' (SCC) tries ``scheduled 
offenses,'' and any case the DPP certifies that an ordinary court 
cannot adequately handle. The SCC always sits as a three-judge panel, 
and its verdicts are by majority vote. Rules of evidence are generally 
the same as in regular courts; however, the sworn statement of a police 
chief superintendent identifying the accused as a member of an illegal 
organization is accepted as prima facie evidence. SCC sessions 
generally are public, but judges may exclude certain persons other than 
journalists. Appeals of SCC decisions are allowed in certain 
circumstances.
    Michael McKevitt's appeal was heard and denied in 2003. The 
families of the victims of the Omagh bombing filed a civil suit against 
him during the year.
    There were no reports of political prisoners.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The Constitution and the law prohibit such actions, 
and the Government generally respected these prohibitions in practice.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The Constitution provides for 
freedom of speech, and the Government generally respected this right in 
practice and did not restrict academic freedom.
    The Constitution provides for freedom of the press; however, this 
right is subject to the constitutional qualification that it not 
``undermine public order or morality or the authority of the state.'' 
The Constitution prohibits the publication or utterance of 
``blasphemous, seditious, or indecent matter.''
    The independent press was active and expressed a wide variety of 
views without government restriction.
    Broadcasting remained mostly state controlled, but private sector 
broadcasting continued to grow. There were 49 independent radio 
stations and an independent television station. Access to cable and 
satellite television lessened considerably the relative influence of 
state-controlled broadcasting. The Broadcasting Complaints Commission 
oversees standards and investigates complaints about programming.
    The Broadcasting Act empowers the Government to prohibit the state-
owned radio and television network from broadcasting any matter 
``likely to promote or incite to crime or which would tend to undermine 
the authority of the State.'' The Act was not employed during the year.
    While the press operated freely, some observers believed that the 
Defamation Act (which puts the onus on newspapers and periodicals 
accused of libel to prove that defamatory words are true) and the 
Official Secrets Act (which gives the Government wide scope to 
prosecute unauthorized disclosures of sensitive government information) 
might result in some self-censorship.
    Books and periodicals were subject to censorship by the Censorship 
of Publication Board; however, unlike in the previous year, the Board 
did not censor any books or magazines.
    The Office of the Film Censor must classify films and videos before 
they can be shown or sold and cut or ban any film that is ``indecent, 
obscene, or blasphemous,'' or which tends to ``inculcate principles 
contrary to public morality or subversive of public morality.'' During 
the year, the Film Censor did not ban any films, but did ban one video, 
primarily because of its pornographic or violent content.
    The Government did not restrict access to the Internet.

    b. Freedom of Peaceful Assembly and Association.--The Constitution 
provides citizens with the right to ``assemble peaceably and without 
arms''; however, it also allows the State to ``prevent or control 
meetings'' that are calculated to breach the peace or to be a danger or 
nuisance to the general public.
    Police conduct during demonstrations generally was restrained. The 
trial of seven police officers accused of using their batons 
excessively during a 2002 May Day demonstration in Dublin resumed in 
October.

    c. Freedom of Religion.--The Constitution provides for freedom of 
religion, and the Government generally respected this right in 
practice. The Constitution prohibits promotion of one religion over 
another and discrimination on the grounds of religion or belief, and 
the Government did not restrict the teaching or practice of any faith. 
Approximately 88 percent of the population is Roman Catholic; however, 
there is no official state religion.
    The Government permits but does not require religious instruction 
in public schools. Most primary and secondary schools are 
denominational--the majority Catholic--and the Catholic Church 
partially controls their boards of management. As mandated by the 
Constitution, the Government provided equal funding to schools of 
different religious denominations (such as an Islamic school in 
Dublin). Although religious instruction is an integral part of the 
curriculum, parents may exempt their children from such instruction.
    During the year, there were three anti-Semitic incidents in the 
country. One incident involved a swastika being painted on the Irish 
Jewish Museum in Dublin. The second and third incidents involved 
vandalism at a Jewish cemetery and synagogue.
    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 
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. The Government also 
provides temporary protection to individuals who may not qualify as 
refugees under the 1951 Convention/1967 Protocol.
    The number of asylum seekers entering the country decreased. There 
were 4,766 total (4,265 new applications, 501 reapplications) 
applications for asylum during the year compared with 7,900 in 2003; 
the Government granted asylum to 877 (430 at first instance and 686 at 
the appeal stage) individuals, compared with 1,176 (345 at first 
instance and 831 at appeal stage) in 2003. At year's end, there were 
549 deportations, and 608 asylum seekers had voluntarily returned to 
their country of origin.
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 Parliament is bicameral; members of the Dail 
(House of Representatives)--the chamber that carries out the main 
legislative functions--are elected popularly, while most members of the 
Seanad (Senate) are elected by vocational and university groups, with 
the others appointed by the Prime Minister. Several political parties 
have seats in both bodies. The President (head of state) is elected 
popularly for a 7-year term and is limited to two terms. An appointed 
council of state advises the President. Parliamentary elections were 
held in May 2002, and the President was inaugurated for a second 7-year 
term in November.
    In December, allegations of corruption were made involving a 
Ministry of Environment, Heritage and Local Government appointment of a 
public relations consultant. The Minister of Transport (formerly 
Minister of Environment) allegedly hired a close political associate at 
an exorbitant salary. The Government appointed a former civil servant 
to investigate the allegations, and the investigation was ongoing at 
year's end.
    The President was a woman, and 22 of the 166 deputies in the Dail 
and 10 of the 60 senators were female. Three of the 15 government 
ministers were female, as was 1 of the 17 junior ministers. Three women 
sat on the 26-member High Court, and 2 of the 8 Supreme Court judges 
were female.
    There were no members of minorities in the Dail, the Seanad, the 
Government, or the Cabinet. In June, there were two minority council 
members elected at the county level.
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 Ombudsman's role is to investigate complaints about 
administrative actions, delays, or inaction adversely affecting persons 
or bodies in their dealings with government departments, local 
authorities, health boards, or the postal service.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The Employment Equality Act prohibits discrimination in relation to 
employment on the basis of eight distinct discriminatory grounds: 
Gender, marital status, family status, sexual orientation, age, 
disability, race, and membership in the Traveller community; however, 
discrimination against racial minorities, including immigrants and 
Travellers, was a problem. The Equal Status Act outlaws discrimination 
in the provision of goods, facilities, and services on these grounds.

    Women.--Domestic violence and emotional abuse were problems, 
although there were some improvements during the year. The police 
recorded 8,452 incidents of domestic violence in 2003 compared with 
10,248 in 2002. There were 24 domestic violence support centers 
throughout the country, funded in part by the Government. Additionally, 
there were 11 women's rights groups.
    The law criminalizes rape within marriage and provides for free 
legal advice to victims of serious sexual assault. In rape cases, the 
Government brings the case against the accused, with the victim acting 
as a witness. The Sex Offenders Act provides for separate legal 
representation for victims in rape and other serious sexual assault 
cases where application is made to adduce evidence or to cross-examine 
the victim about his or her past sexual experience.
    The 18 rape crisis centers, funded in part by the Government, 
provided support by immediate telephone contact and one-on-one 
counseling. A Voluntary Housing Capital Assistance Scheme and a 
Voluntary Housing Subsidy Scheme provided long- and short-term housing 
options for victims of sexual violence. All police received training on 
the investigation of cases of domestic violence, rape, and sexual 
assault. Police also attended training lectures on causes and effects 
of domestic violence and techniques for interviewing victims of 
domestic violence.
    In 2003, the Dublin Rape Crisis Center reported receiving 11,863 
counseling calls in all categories (child sexual abuse, adult rape, 
adult sexual assault, sexual harassment), which continued an upward 
trend in frequency of calls. The center reported that 143 of the 477 
rape victims recorded in 2003, reported their attacks to the police, 
resulting in 27 defendants tried and 18 convicted.
    There was anecdotal evidence that women were trafficked for sexual 
exploitation (see Section 5, Trafficking).
    The law prohibits discrimination against women in the workplace and 
provides for protection and redress against discrimination based on 
gender and marital status; however, inequalities persisted regarding 
pay and promotions in both the public and the private sectors. The 
Equality Tribunal and the Equality Authority are the main statutory 
bodies that enforce and administer the discrimination laws. Women 
constituted 47.5 percent of the labor force but were underrepresented 
in senior management positions. During the year, the earnings of women 
averaged 80 percent that of men, and women worked 10 hours a week less. 
As a way to combat this gender gap, the Government increased the 
minimum wage, created more childcare facilities, funded childcare for 
those in employment training, and worked through the National Framework 
Committee on the Development of the Family Friendly Polices to increase 
flexibility in the workforce.

    Children.--The Government was strongly committed to children's 
rights and welfare; it amply funded systems of public education and 
health care. Under the law, education is free and compulsory for 
children from age 6 to 15. Almost all children attended school. 
According to the Department of Education, approximately 99 percent of 
children between the ages of 5 and 16 attended school. Most children 
completed secondary education.
    In 2002, there were 375 cases of child abuse reported to the Health 
Authority, but only 122 cases were confirmed. The Health Authority 
received approximately $1.35 million (1 million euros) in 2002 to 
improve the identification, reporting, assessment, treatment, and 
management of child abuse. The sexual abuse of children was a problem 
and continued to receive significant media attention. In 2003, the 
Dublin Rape Crisis Center reported that 41 percent of calls to its 
crisis line involved child sexual abuse. The law requires government 
health boards to identify and help children who are not receiving 
adequate care, and it gives the police increased powers to remove 
children from the family if there is an immediate and serious risk to 
their health or welfare.
    In September 2003, the Government renewed the Laffoy Commission's 
mandate to investigate sexual and physical abuse in government 
institutions. The Commission's Third Interim Report, released in 
December 2003, discussed cases heard by the Confidential Committee and 
the Investigation Committee. The Confidential Committee consists of a 
group of commissioners that listen to a person's abuse experiences in 
institutions as defined by the Commission to Inquire into Child Abuse 
Act 2000. The Confidential Committee began hearings in September 2000, 
and, by May, had heard 866 witnesses. The Committee hopes to hear the 
remaining 189 cases by the end of the year. The Investigation Committee 
investigates complaints and allegations made to it, and may compel 
persons accused to appear before it and produce particular documents. 
However, the Investigation Committee heard less than 3 percent of its 
estimated 1,800 cases according to the Interim Report. Because of the 
governmental review, the committee focused on group complaints rather 
than individual hearings, and no further evidential hearings were 
conducted.
    The law prohibits the trafficking and sexual exploitation of 
children; however, there were reports that such practices occurred (see 
Section 5, Trafficking).
    In December 2003, an Ombudsman for Children was established to 
investigate complaints from children or persons acting on their behalf 
against various governmental and nongovernmental bodies. When the 
Ombudsman finds in favor of the child, the offending body must state 
how it will rectify the problem and ensure that it does not recur. The 
Ombudsman also has a role in promoting general child welfare.

    Trafficking in Persons.--The law prohibits trafficking in persons, 
and there were no confirmed reports that persons were trafficked to, 
from, or within the country; however, NGOs and others offered anecdotal 
evidence of trafficking.
    The Child Trafficking and Pornography Act criminalizes trafficking 
in children for the purpose of sexual exploitation, with penalties of 
up to life imprisonment. The Illegal Immigrants (Trafficking) Act 
criminalizes trafficking in illegal immigrants and asylum seekers. No 
specific legislation addresses trafficking in women for sexual 
activities; however, laws prohibit the exploitation of prostitutes by 
means of coercion or fraud. Traffickers who facilitate for gain the 
entry of illegal immigrants or asylum seekers are liable for fines or 1 
to 10 years' imprisonment. The Police National Immigration Bureau 
(GNIB) and the Department of Justice are the governmental organizations 
responsible for combating trafficking.
    In 2003, Dublin police raided several lap-dance clubs that were 
employing illegal female workers, and the Limerick police raided a 
brothel that was bringing prostitutes into the city from Eastern 
Europe, although the women stated that they had entered the country 
voluntarily. A man and a woman were convicted for running the brothel: 
Both were sentenced to 4 months' imprisonment, but the woman's sentence 
was suspended. The press reported that three English language schools 
were being used as fronts to smuggle Eastern European women into the 
country to have them work as lap dancers and prostitutes. In December, 
the Justice Minister ordered tighter restrictions on access to foreign 
language schools. To cut down on scams and foreign students in forced 
labor situations, the students are now required to register with the 
Police National Immigration Bureau and will not be allowed to join the 
labor market unless they are attending a full-time course of at least 1 
year in length.
    The country might be a destination country on a limited scale for 
trafficking in women and children. The country may also be a transit 
point for persons trafficked to or from Northern Ireland. There is 
anecdotal information that some women were trafficked within the 
country. Socially disadvantaged women and children were most likely to 
be trafficking victims.
    NGOs reported that women were trafficked to the country primarily 
for prostitution or exploitation in the sex industry, and that men may 
be trafficked into the country for work in the construction industry. 
However, NGOs were only able to provide anecdotal information; they did 
not have statistics or other hard evidence. NGOs reported that 
traffickers now targeted younger women who were more vulnerable, having 
little language skill, and no legal status or recourse. Another tactic 
that changed was that prostitution moved away from the streets and 
brothels to apartments, where activities were easier to hide. NGOs 
reported that traffickers used information technology more effectively 
as well.
    There were no reliable statistics on the number of possible victims 
of trafficking in the country, due mainly to lack of data collection. 
During the year, GNIB and local detective units in the Dublin 
metropolitan region continued to investigate suspected instances of 
trafficking but did not find sufficient evidence to open a formal 
investigation or to bring charges. Since 2000, there have been nine 
investigations into alleged trafficking/smuggling, resulting in the 
conviction of one Ukrainian for smuggling two Ukrainian males through 
the Dublin airport. In December, a Portuguese man was jailed for 9 
months and fined $1,350 (1,000 euros) for bringing two Brazilian women 
into the country. An NGO investigating trafficking estimated that as 
many as 40 children a year were being trafficked into the country for 
either economic or sexual exploitation. An anti-prostitution and 
trafficking NGO reported more than 600 prostitutes, mostly drug users 
and younger women, in its database.
    The Ministries of Justice and Foreign Affairs and the GNIB were 
involved in anti-trafficking efforts, and there was coordination 
between government officials, NGOs, and other elements of civil society 
on trafficking issues. A coalition of NGOs that deal in part with 
trafficking issues met periodically during the year. In December, the 
Department of Foreign Affairs held an international seminar on human 
rights, keynoting the issues of women and trafficking.

    Persons With Disabilities.--There was generally 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.
    The law established minimum criteria to ensure access for persons 
with disabilities to all public and private buildings constructed or 
significantly altered after 1992; however, enforcement was occasionally 
uneven and fines minimal.
    A National Disability Authority has responsibility for setting 
disability standards, monitoring the implementation of these standards, 
and researching and formulating disability policy. The National 
Standards for Disability Services, which specifies required national 
standards for all government-funded bodies, was released in January.

    National/Racial/Ethnic Minorities.--Societal discrimination and 
racial violence against immigrants and ethnic minorities, such as 
Asians and Africans continued to be a growing problem. Racially 
motivated incidents involved physical violence, intimidation, and 
verbal slurs, and the majority of incidents of racist violence took 
place in public places.
    There were 145 police around the country who worked with the 
different ethnic communities. The Police Racial and Intercultural 
Office began tracking racially motivated incidents in 2002. There were 
81 racially motivated incidents in 2003. The Police Racial and 
Intercultural Office also gave instruction and booklets to police to 
teach them how to interact with those of different racial and ethnic 
backgrounds.
    Approximately 25,000 indigenous nomadic persons regard themselves 
as a distinct ethnic group called ``Travellers,'' with its own history, 
culture, and language. Travellers faced societal discrimination and 
regularly were denied access to premises, goods, facilities, and 
services; many restaurants and pubs, for example, would not serve them. 
In February, police evicted a Traveller family with 13 children from 
their mobile home. The local county council that authorized this 
eviction had entitled another family to their electrical hookup and 
reported that this particular family was staying illegally.
    Despite national school rules that provide that no child may be 
refused admission on account of social position, Travellers frequently 
experienced difficulties enrolling their children in school. Traveller 
students are not separated in classrooms, but it is not uncommon for 
them to be taken from the classroom to receive additional schooling. Of 
the estimated 5,000 Traveller families, approximately 1,200 lived on 
roadsides or on temporary sites without electricity or sanitary 
facilities. Many Travellers depended on social welfare for survival and 
were unable to participate in the mainstream economy because of 
discrimination and a lack of education.
    The law prohibits job discrimination against Travellers; however, a 
monitoring committee established to oversee reforms to address problems 
encountered by Travellers was considered ineffectual by the Travelling 
community.
    The Housing (Traveller Accommodation) Act requires local elected 
officials to draw up and implement Traveller accommodation plans on a 
5-year basis and requires Traveller input in the process; however, many 
Traveller NGOs were dissatisfied with the progress of this legislation 
and believed that anti-trespassing legislation enacted in 2002 further 
undermined the Housing Act. The Traveller movement withdrew from the 
Social Partnership Agreement with the Government because of its 
continued dissatisfaction. To develop better relations between 
Travellers and the settled community, the Government granted 
approximately $130 million (approximately 96 million euros) to 
Traveller community organizations during the year.
Section 6. Worker Rights
    a. The Right of Association.--The law provides workers with the 
right to join--or refrain from joining--a union, and workers exercised 
this right in practice. Approximately 33 percent of workers in the 
private sector were union members, compared with 95 percent in the 
public sector. Police and military personnel may form associations, but 
technically not unions, to represent themselves in matters of pay, 
working conditions, and general welfare.

    b. The Right to Organize and Bargain Collectively.--The law allows 
unions to conduct their activities without interference, and the 
Government protected this right in practice. Labor unions have the 
right to engage in collective bargaining, and unions exercised this 
right in practice. The law provides for the right to strike, and this 
right was exercised in both the public and private sectors; however, 
police and military personnel are prohibited from striking. There are 
no special laws or exemptions from regular labor laws in the export 
processing zone at Shannon Airport.

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

    d. Prohibition of Child Labor and Minimum Age for Employment.--
Under the law, employers may not employ children under the age of 16 in 
a regular, full-time job. Employers may hire 14- or 15-year-olds for 
light work on school holidays, as part of an approved work experience 
or educational program, or on a part-time basis during the school year 
(for children over the age of 15 only). The law sets rest intervals and 
maximum working hours, prohibits the employment of 18-year-olds for 
late night work, and requires employers to keep specified records for 
workers who are under 18 years of age. Enforcement was reportedly lax, 
but violations were rare.

    e. Acceptable Conditions of Work.--The national minimum wage was 
$9.45 (7 euros) per hour, which did not provide a decent standard of 
living for a worker and family; however, low-income families are 
entitled to benefits such as subsidized housing, medical coverage, and 
children's allowances.
    The standard workweek is 39 hours. Working hours in the industrial 
sector are limited to 9 hours per day and 48 hours per week. Overtime 
work is limited to 2 hours per day, 12 hours per week, and 240 hours 
per year.
    The Department of Enterprise, Trade, and Employment is responsible 
for enforcing the laws dealing with occupational safety, which provide 
adequate and comprehensive coverage; no significant complaints arose 
from either labor or management regarding enforcement of these laws. 
Regulations provide workers with the right to remove themselves from 
dangerous work situations that present a ``serious, imminent and 
unavoidable risk'' without jeopardy to their continued employment.

                               __________

                                 ITALY

    Italy is a multiparty parliamentary democracy. Executive authority 
is vested in the Council of Ministers, headed by the president of the 
Council (the Prime Minister). The Head of State (President of the 
Republic) nominates the Prime Minister after consulting with the 
leaders of all political forces in Parliament. Elections for the 
European Parliament during the year were considered generally free and 
democratic. The Constitution provides for an independent judiciary; 
however, long trial delays and the impact of organized crime on the 
criminal justice system complicated the judicial process.
    The armed forces are under the control of the Ministry of Defense. 
The Ministry of Defense controls the Carabinieri, a military security 
force; however, the Ministry of Interior assumes control of the 
Carabinieri when they are called upon to assist police forces in 
maintaining public order. Four separate police forces report to 
different ministerial or local authorities. Civilian authorities 
maintained effective control of the security forces. Some members of 
the security forces committed human rights abuses.
    The country had an advanced, industrialized market economy, and the 
standard of living was high for the country's population of 
approximately 57.8 million. Wages generally kept pace with inflation. 
The Government owned a substantial number of enterprises in finance, 
communications, industry, transportation, and services, but 
privatization continued to move forward at a measured pace.
    The Government generally respected the human rights of its 
citizens; although there were problems in some areas, the law and 
judiciary provide effective means of addressing individual instances of 
abuse. There were some reports of police abuse of detainees. The 
judiciary investigated accusations of police abuse. Prisons were 
overcrowded. Lengthy pretrial detention was a serious problem. The pace 
of justice was slow, and perpetrators of some serious crimes avoided 
punishment due to trials that exceeded the statute of limitations. 
Trafficking in persons into the country, particularly women and girls 
for prostitution, was a problem, which the Government took steps to 
address. Child labor, primarily involving immigrant children, continued 
in the underground economy, but authorities actively investigated such 
reports.
                        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 July and November, magistrates dismissed charges against two 
off-duty police officers who killed two persons in 2003 during separate 
attempted robberies.
    In July, Brindisi magistrates sentenced a police superintendent to 
6 years in prison along with six other policemen (sentences varied from 
3-14 years' imprisonment) for the 1995 death of a smuggler who 
attempted to flee the country in a rubber dinghy via the Adriatic Sea. 
They were also convicted of false documentation, brutality, and 
obstruction of justice.
    In December 2003, the leader of the New Red Brigades (Communist 
Combatant Party) was charged with the March 2003 murder of a policeman. 
In June and October, prosecutors charged nine members of the New Red 
Brigades with murder for the 1999 and 2002 killings of two academic 
advisors (Biagi and D'Antona) to the Labor Ministry; one of the nine 
was also charged along with the leader of the New Red Brigades with the 
2003 murder of a policeman. A preliminary hearing in the D'Antona case 
began in September, while the Biagi case was scheduled to begin in 
early 2005. According to police, the New Red Brigades were no longer 
active by year's end.

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

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The law prohibits such practices; however, according to 
Amnesty International (AI) and the nongovernmental organization (NGO) 
Antgone, which monitored issues such as police behavior, police 
occasionally used excessive force against persons detained in 
connection with common criminal offenses or in the course of identity 
checks. While this behavior affected both citizens and foreigners, 
Africans and Roma were at particular risk (see Section 5).
    In February, magistrates indicted 29 policemen, including a number 
of senior officers, and charged them with perjury, conspiracy, or 
assault in connection with a 2001 police raid on a building used by 
protesters at the G-8 summit in Genoa. The trial was scheduled to begin 
in April 2005. Some police allegedly conspired to manufacture evidence 
and to claim violent resistance from demonstrators to justify their use 
of force during the raid. In May, 47 policemen were indicted for 
``inhuman or degrading treatment,'' including assault, during the 
subsequent detention of those protestors.
    In May, an off-duty policeman shot and wounded a 16-year-old boy 
who attempted to steal a motorcycle. The case was under investigation 
at year's end.
    In May, three police officers were indicted for using excessive 
force and causing personal injury to a number of individuals while 
trying to clear approximately 100 activists from a Milan emergency room 
waiting area in March 2003. Four activists were accused of violence 
against police.
    Overcrowded and antiquated prisons continued to be a problem. In 
July, there were 55,500 detainees incarcerated in a prison system 
designed to hold 42,100. Older facilities lacked outdoor or exercise 
space; some prisons lacked adequate medical care. Approximately 61 
percent of the inmates were serving sentences; the other 39 percent 
consisted mainly of detainees awaiting trial or the outcome of an 
appeal. During the year, 91 prisoners died while in custody; 51 
committed suicide.
    The 20 temporary detention centers for illegal immigrants were 
often overcrowded due to an increasingly large flow of illegal 
immigrants. For example, in September, 900 aliens arrived by boat in 
Lampedusa and were sent to the local detention center, which was 
equipped to house only 120 persons. The Government moved the detainees 
to other detention centers within a few days.
    Men were held separately from women, and juveniles were held 
separately from adults; however, pretrial detainees were not held 
separately from convicted prisoners.
    The Government permits visits by independent human rights 
organizations, parliamentarians, and the media. AI, the U.N. Human 
Rights Commission, the U.N. Committee Against Torture, and the U.N. 
Special Rapporteur on Torture regularly assessed the country's judicial 
and prison system. In November, the European Union's Committee for the 
Prevention of Torture visited several jails. An NGO composed primarily 
of lawyers, magistrates, and academics promoted the rights of 
detainees, worked closely with the European Commission for Prevention 
of Torture, and monitored the prison system. Several municipalities 
appointed independent ombudsmen to promote the rights of detainees and 
facilitate access to health care and other services.

    d. Arbitrary Arrest or Detention.--The Constitution prohibits 
arbitrary arrest and detention, and the Government generally observed 
these prohibitions.
    Four separate police forces, which report to different ministerial 
or local authorities, effectively enforced public law and order. The 
National Police and the Financial Police fall under the jurisdiction of 
the Interior and Finance Ministries, respectively. The Ministry of 
Defense controls the Carabinieri, a military security force; however, 
the Ministry of Interior assumes control of Carabinieri and Financial 
Police units when they perform law enforcement functions. Under 
exceptional circumstances, the Government may call on the army to 
provide security in the form of police duty in certain local areas, 
thereby freeing the Carabinieri and local police to focus on other 
duties. Allegations of police corruption were rare.
    Both the Government and the judiciary investigated abuses and 
prosecuted police who mistreated persons in custody. In June 2003, 
prosecutors charged 31 policemen with unlawful imprisonment and assault 
based on evidence of their conduct during protests in Naples in 2001 
(see Section 1.c.). The trial was scheduled to begin in March 2005.
    Warrants are required for arrests unless there is a specific and 
immediate danger to which the police must respond without waiting for a 
warrant. Under the law, detainees are allowed prompt and regular access 
to lawyers of their choosing and to family members. The state provides 
a lawyer to indigents. Within 24 hours of a suspect's detention, the 
examining magistrate must decide whether there is enough evidence to 
proceed with an arrest. The investigating judge then has 48 hours in 
which to confirm the arrest and recommend whether the case goes to 
trial. In exceptional circumstances--usually in cases of organized 
crime figures--where there is danger that attorneys may attempt to 
tamper with evidence, the investigating judge may take up to 5 days to 
interrogate the accused before the accused is allowed to contact an 
attorney.
    There is no provision for bail; however, judges may grant 
provisional liberty to suspects awaiting trial. As a safeguard against 
unjustified detention, panels of judges (liberty tribunals) review 
cases of persons awaiting trial on a regular basis per a detainee's 
request and rule whether continued detention is warranted. Persons in 
detention included not only those awaiting trial but also individuals 
awaiting the outcome of a first or second appeal (see Section 1.e.). 
Pretrial detention may last for a maximum of 24 months. The 
Constitution and the law provide for restitution in cases of unjust 
detention (see Section 1.e.).
    Preventive detention can be imposed only as a last resort if there 
is clear and convincing evidence of a serious offense (such as crimes 
involving the Mafia or those related to terrorism, drugs, arms, or 
subversion) with a maximum sentence of not less than 4 years or if 
there is a risk of an offense being repeated or of evidence being 
falsified. In these cases, a maximum of 2 years of preliminary 
investigation is permitted. Except in extraordinary situations, 
preventive custody is not permitted for pregnant women, single parents 
of children under age 3, persons over age 70, or those who are 
seriously ill.
    Lengthy pretrial detention was a serious problem. In 2003, 36 
percent of pretrial detainees were awaiting a final sentence; trials 
had not begun for another 21 percent. In April, a court ordered the 
Government to pay $135,000 (100,000 euros) to an entrepreneur who was 
charged in 1996 and spent 448 days in prison before being acquitted by 
an appeals court in 2001. According to some judicial experts, some 
prosecutors used pretrial detention as pressure to obtain confessions.

    e. Denial of Fair Public Trial.--The Constitution provides for an 
independent judiciary, and the Government generally respected this 
provision in practice; however, most cases involved long trial delays, 
and the impact of organized crime on the criminal justice system 
complicated the judicial process.
    The judiciary consisted of professional magistrates who function 
either as prosecutors (the executive branch does not perform 
prosecutorial functions) or trial and appellate judges. The Superior 
Council of the Magistracy governs the judiciary. Magistrates select 
two-thirds of its members; the rest are selected by Parliament.
    There are three levels of courts. Either a single judge or a court 
hears cases at the level of first instance. At the second level, 
separate courts with juries hear appeals of civil and criminal cases. 
Decisions of the Court of Appeals can be appealed to the highest court, 
the Court of Cassation (Supreme Court) in Rome, but only for reasons 
related to law, not to a case's merit. A separate Constitutional Court 
hears cases involving possible conflict between laws and the 
Constitution or involving conflicts over the duties or powers of 
different units of government.
    The law provides for the right to fair and public trials, and the 
judiciary generally enforced this right. The law grants defendants the 
presumption of innocence. Defendants have access to an attorney 
sufficiently in advance to prepare a defense and can confront 
witnesses. All evidence held by prosecutors may be made available to 
defendants and their attorneys. Defendants may appeal verdicts to the 
highest appellate court.
    Although some observers noted improvement, domestic and European 
institutions continued to criticize the slow pace of justice in the 
country. In 2002, the European Court of Human Rights issued 148 
judgments against the Government for excessively long proceedings. 
Observers cited several reasons for delays: The absence of effective 
limits on the length of pretrial investigations; the large number of 
minor offenses included in the penal code; unclear and contradictory 
legal provisions; prosecutors' complete freedom to set prosecutorial 
priorities; and insufficient resources, including an inadequate number 
of judges. During the year, the Chief Prosecutor of the Cassation Court 
reported that the average time to complete a civil trial was 8 years 
and a criminal trial 5 years.
    The courts have leeway to determine when the statute of limitations 
should apply, and defendants often took advantage of the slow pace of 
justice to delay trials through extensive pleas or appeals. In one 
high-level case in December, judges dropped a bribery charge filed in 
1999 against Silvio Berlusconi on the grounds that the statue of 
limitations had expired. The events on which the charge was based 
occurred in 1991.
    In January, the Constitutional Court abrogated the 2003 legislation 
granting immunity from prosecution while in office to the country's 
five highest-ranking public servants, including the prime minister. In 
April, magistrates resumed Prime Minister Berlusconi's remaining trial 
(related to his business activities prior to assuming office) and 
continued proceedings against his codefendants. In December, Berlusconi 
was acquitted of one count of bribery; judges dropped another count of 
bribery, ruling the statute of limitations had run out.
    There were no reports of political prisoners.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The law prohibits such actions, and the Government 
generally respected these prohibitions in practice. Searches and 
electronic monitoring may be carried out only under judicial warrant 
and in carefully defined circumstances; violations were subject to 
legal sanctions. However, in 2001, Parliament applied antiterrorist 
laws to suspects responsible for directing violent acts outside the 
country's borders and authorized prosecutors to order wiretaps in 
connection with ongoing investigations. Parliament imposed safeguards 
to prevent the release of information intercepted without prior 
judicial authorization to unauthorized persons and prohibited its use 
in criminal proceedings.
    A national privacy authority monitored the collection and use of 
personal data for commercial and other purposes, ensuring that current 
and proposed data banks and information collection systems conformed to 
requirements. In February, the Parliament enacted an overall code for 
the protection of personal information that sets strict privacy 
requirements for companies and institutions. It requires that data 
banks created for scientific, statistical, financial, and security 
purposes protect privacy and introduces sanctions for electronic 
privacy violations.
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. However, the 
autonomous judiciary was sensitive to investigative leaks and press 
criticism and imposed fines for defamation.
    The media provided a broad spectrum of political opinions, 
including those critical of Prime Minister Berlusconi and his policies. 
There were approximately 80 newspapers, of which 8 had national 
readership; the Berlusconi family controlled 2 of them. Critics charged 
that Prime Minister Berlusconi directly or indirectly controlled six of 
the country's seven national broadcast channels: Mediaset (a company in 
which the Prime Minister had a major interest) owned three, and the 
state-owned network (RAI) controlled the other three. In December 2003, 
President Ciampi declined to sign legislation proposed by the 
Government to relax restrictions on ownership of mass media; in May, 
the Parliament approved a revised bill, which increased those 
restrictions.
    RAI's three channels and other networks broadcast a wide range of 
opinion that reflected the full spectrum of political views in the 
country, but disputes over partisanship on the airwaves continued to 
prompt frequent political debate. In 2003, RAI's suspension of two 
programs prompted some complaints of censorship. In May, the president 
of RAI resigned over objections to the appointment of some executives 
proposed by the general director who were considered linked to the 
political coalition in power.
    In February, the NGO Reporters Without Borders and the journalists' 
union criticized search warrants issued against two journalists and two 
national daily newspapers. Critics noted the contradiction between 
separate laws maintaining the sanctity of journalistic sources and 
another authorizing magistrates to carry out investigations into 
journalistic sources.
    Politicians and their supporters filed several defamation suits 
during the year. In June 2003, magistrates began defamation proceedings 
against two prominent journalists in connection with their criticism of 
legal proceedings against former Prime Minister Andreotti; no further 
action occurred by year's end. In July, a judge dismissed charges filed 
by a minister against a journalist who wrote an article characterizing 
the minister as corrupt; however, in 44 percent of defamation cases in 
Milan between 2001-2003, journalists were convicted.
    In July, Naples magistrates placed a 76-year-old journalist and 
senator under house arrest. In 2002, he had been sentenced to 29 
months' imprisonment for defamation because of articles that appeared 
in a local paper for which he was editor in chief.
    The Government generally did not restrict access to the Internet; 
however, the Government could block foreign-based Internet sites if 
they contravened national laws.

    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 is no state religion; however, an historic agreement between 
the Catholic Church and the Government, revised in 1984, accords the 
Church certain privileges. For example, the Church may select Catholic 
religion teachers, whose earnings are paid by the State. The 
Constitution authorizes the State to enter into relations with non-
Catholic religious confessions pursuant to an accord (``intese''), on 
the basis of which the Government can provide support (including 
financial) to the confession; these accords are voluntary, initiated by 
religious confessions, and do not infringe on the practice of religion. 
The Government has signed accords with several minority religious 
groups. At year's end, the Buddhist Union and Jehovah's Witnesses 
awaited parliamentary ratification of government accords.
    The continuing presence of Catholic symbols, such as crucifixes, in 
many government offices, courtrooms, and other public buildings has 
drawn criticism and has been the subject of lawsuits. In December, the 
Constitutional Court ruled that a 1928 regulation that provides for the 
display of crucifixes in public classrooms is constitutional because 
the regulation does not have to be consistent with the Constitution. A 
mother in Venice, who asked that the crucifixes be removed, brought the 
case.
    Muslim women are free to wear the veil in public offices and 
schools; however, there were occasional reports of objections to women 
wearing a burqah (a garment that completely covers the face and body). 
In August, a woman in Drezzo was fined for wearing a burqah under a 
seldom-used 1931 law that forbids persons from hiding their identity.
    There were no violent anti-Semitic attacks, but surveys conducted 
by independent research centers confirmed the persistence of some 
societal prejudices against Judaism. The Government hosted meetings to 
increase educational awareness of the Holocaust and to combat anti-
Semitism in Europe.
    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 law prohibits forced exile and the Government did not employ 
it.
    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. 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 U.N. 
High Commissioner for Refugees and other humanitarian organizations in 
assisting refugees, and provided temporary protection to refugees 
fleeing hostilities or natural disasters. Such refugees were granted 
temporary residence permits, which must be renewed periodically and did 
not ensure future permanent residence.
    In 2003, the Ministry of Interior approved approximately 725 asylum 
requests and denied approximately 11,280 others.
    There was little government assistance for asylum seekers during 
the time they must spend waiting for their application to be processed; 
Medicin Sans Fronteres in Rome estimated that approximately 10 percent 
of asylum seekers had access to secondary reception facilities.
    Caritas, a Catholic NGO and independent research center, estimated 
there were 2.6 million legal immigrants, two-thirds of whom came from 
Eastern Europe; experts estimated there were 500,000 illegal aliens 
resident in the country, and large numbers of immigrants continued to 
arrive from Africa, Eastern Europe, the Middle East, and China.
    The majority of illegal immigrants were denied entry at the border. 
Those who did enter, usually via the sea, were sent to temporary 
detention centers for processing. A new regulation requires a 
magistrate (previously only a Ministry of Interior representative) to 
determine if an immigrant will be deported (for those whose identity 
can be determined), issued an order to depart (for those whose identity 
has not been determined), or accepted for asylum processing.
    During the year, 12,000 illegal immigrants were caught landing in 
the country, and 55,200 were either expelled or denied entry. In 2003, 
27,400 illegal immigrants were held in temporary detention pending 
identification. Many of these immigrants entered the country with the 
intent to transit to other European Union (EU) countries. Most illegal 
immigrants paid fees to smugglers, and many risked death due to 
unseaworthy vessels or were forced off the vessels. At least 65 
immigrants died in two separate incidents--in July, off the coast of 
Puglia and, in August, off the coast of Sicily. Some illegal immigrants 
were forced to engage in illegal activities, were paid substandard 
wages, or were forced to work as prostitutes to pay off debts incurred 
for their passage (see Section 5).
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 June elections for the European Parliament were 
generally free and democratic. There were numerous political parties 
that functioned without government restrictions.
    It is illegal for public employees to accept money or other 
advantages in return for performing public duties (punishable by 6 
months' to 3 years' imprisonment) or in return for delaying or 
declining to perform public duties (punishable by 2 to 5 years' 
imprisonment). National corruption scandals of the 1990s reinforced the 
general belief that politicians were corrupt. In December, Prime 
Minister Berlusconi was acquitted of one count of bribing a judge 
(before he became Prime Minister) to block the sale of a food 
conglomerate to a business rival; the judges dropped another bribery 
count stating that the statute of limitations had expired. In November 
2003, Berlusconi's former lawyer and one-time defense minister was 
sentenced to 5 years' imprisonment for bribing a judge in 1991; the 
judge in the case was sentenced to 8 years imprisonment; both were 
appealing their convictions at year's end. During the year, the 
Government appointed an independent task force headed by a magistrate 
that was charged with conducting investigations on alleged corruption 
in the public sector.
    There were no restrictions on women or minority participation in 
government and politics. There were 25 women in the 315-seat Senate and 
63 women in the 630-seat Chamber of Deputies; women held 2 of 25 
cabinet positions. Women won 20.5 percent of the seats in the June 
European parliamentary elections, compared to 10.5 percent elected for 
the previous European Parliament.
    The only legally defined minorities are linguistic--the French-
speaking Valdostani and the German-speaking Altoatesini/Suditirolesi 
(see Section 5). During the year, there were 6 members of linguistic 
minorities in the 315-seat Senate and 5 in the 630-seat Chamber of 
Deputies. In a largely monolithic society, immigrants represented 
approximately 4 percent of the population, and less than half of these 
qualified as ethnic/racial minorities. There were no members of the new 
immigrant groups in either the Senate, Chamber of Deputies, or the 
Cabinet.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    A wide variety of domestic and international human rights groups 
generally operated without government restriction, investigating and 
publishing their findings on human rights cases. Government officials 
were cooperative and responsive to their views.
Section 5. Discrimination, Societal Abuse, and Trafficking in Persons
    The law prohibits discrimination on the basis of race, sex (except 
with regard to hazardous work), ethnic background, or political 
opinion, and provides some protection against discrimination based on 
disability, language, or social status; however, some societal 
discrimination against women, persons with disabilities, and Roma 
persisted.

    Women.--Violence against women remained a problem. The NGO Telefono 
Rosa, which provides a hotline through which abused women may obtain 
legal, medical, and other assistance, reported that 35 percent of the 
calls it received involved physical violence in the home; more than 41 
percent of the calls involved psychological violence. During the year, 
the Chief Prosecutor of the Cassation Court reported that cases of 
sexual violence and exploitation of women and children increased by 48 
percent and 28 percent respectively. Some of this increase was credited 
to the success of new public awareness campaigns that encouraged 
greater reporting of these crimes.
    Legislation protects women from physical abuse, including by family 
members, allows for the prosecution of perpetrators of violence against 
women, and shields women who have been objects of attack from 
publicity. Law enforcement and judicial authorities were not reluctant 
to prosecute perpetrators of violence against women, but victims 
sometimes did not press charges due to fear, shame, or ignorance of the 
law. According to Telefono Rosa, approximately three out of four women 
who experienced violence declined to report it to the authorities, and 
one in five who did report it later withdrew their complaint.
    The law treats spousal rape in the same manner as any other rape. 
According to the Ministry of Justice, there were 4,519 cases of rape 
reported in 2002. A 2002 survey conducted by the National Institute of 
Statistics showed that 2.9 percent of women ages 14-59 suffered rape or 
attempted sexual violence at least once in their lives; in 90 percent 
of these cases, the incident was not reported to the authorities.
    Individual acts of prostitution in private residences are legal. 
Trafficking of women into the country for sexual exploitation remained 
a problem (see Section 5, Trafficking).
    A 2002 survey indicated that almost 50 percent of women ages 14 to 
59 were victims of sexual harassment, including sexual advances, 
requests for sexual favors, and other verbal or physical misconduct. In 
2003, Parliament approved legislation introducing new definitions of 
sexual harassment and other abuses in the workplace. The law 
strengthens a code of conduct on workplace harassment, attached to 
national sectoral labor contracts.
    Men and women enjoy legal equality in marriage, property, and 
inheritance rights and equal access and treatment with regard to 
education, health, and other government services.
    According to a press survey, the gap between salaries for men and 
women narrowed during the year; however, women who held a university 
degree continued to earn less than men with the same qualifications. 
Women were underrepresented in many fields, such as management, 
entrepreneurial business, and the professions.
    The law provides for voluntary female military service; in January, 
there were 1,736 women in the armed forces. There were almost 13,000 
policewomen, of whom 26 were senior officers.
    A number of government offices worked to ensure women's rights. A 
woman heads the Ministry for Equal Opportunity, and there is an equal 
opportunity commission in the office of the Prime Minister. The Labor 
Ministry has a similar commission that focuses on women's rights and 
discrimination in the workplace, as well as equal opportunity 
counselors who deal with this problem at the national, regional, and 
provincial government levels. However, many counselors had limited 
resources with which to work. Many NGOs, most of which were affiliated 
with labor unions or political parties, actively and effectively 
promoted women's rights.

    Children.--The Government demonstrated a strong commitment to 
children's rights and welfare. Schooling is free and compulsory for 
children from age 7 to age 18; those unable (or unwilling) to follow 
the academic curriculum may shift to vocational training at age 15. In 
2003, the Government implemented educational reforms that were intended 
to reverse the middle and secondary school dropout rate, which 
historically has been high.
    The abuse of children was a problem; during the year, the NGO 
Telefono Azzurro received approximately 350,000 calls related to child 
abuse. Approximately 6 percent of cases involved sexual abuse, 16 
percent physical violence, and 12 percent psychological exploitation. 
In 58 percent of the cases, the victims were female; 44 percent were 
ages 10 or younger. In the first 6 months of the year, judicial 
authorities registered 349 allegations of sexual abuse against minors 
and accused 392 persons of abuse. Both public and private social 
workers counseled abused children and were authorized to take action to 
protect them. Telefono Azzurro maintained two toll-free hotlines for 
reporting incidents of child abuse.
    Although there was no official data, in 2003, independent research 
centers estimated that there were between 1,800 and 3,000 minors who 
worked as street prostitutes, of whom 1,500 to 2,300 were trafficked 
into the country and forced into prostitution (see Section 5, 
Trafficking).
    Police monitored approximately 29,000 websites for child 
pornography and related crimes. During the first half of 2003, police 
registered 431 complaints regarding Internet-based child pornography. 
In 2003, police shut down 36 pornographic websites, investigated 720 
persons, and arrested 9 for disseminating child pornography.
    Child labor was a problem (see Section 6.d.)

    Trafficking in Persons.--The country was a destination and transit 
point for trafficked persons; trafficking for sexual exploitation and 
forced labor was a problem that the Government took steps to address.
    A 2003 law prohibits trafficking in persons; trafficking previously 
had been prosecuted using other sections of the Penal Code. The law 
provides for sentences of 8 to 20 years' imprisonment for trafficking 
in persons and for enslavement. For convictions in which the victims 
were minors destined for prostitution sentences were increased by one-
third to one-half. The law applies special prison conditions to 
traffickers that are designed to limit criminals' ability to continue 
their operations from jail. The Government also cooperated with foreign 
governments, including Nigeria, Ukraine, and Moldova, to investigate 
and prosecute trafficking cases. The number of persons investigated for 
trafficking increased from 1,307 in 2002 to 2,231 in 2003, and arrests 
increased from 209 to 328, respectively. Appeals increased from 41 to 
51 but were denied 94 percent of the time.
    According to the Government and an NGO, approximately 2,000 persons 
were trafficked in 2003, of whom 8 to 10 percent were believed to be 
underage. In August, the Ministry of Interior announced that 214 
persons were arrested, and another 300 remained under investigation for 
the crimes of slavery and trafficking. For example, in May, police 
arrested a Romanian father who was selling his 10-year-old child for 
sex in the outskirts of Milan. In July, police arrested six Bulgarian 
men who accompanied Bulgarian women into the country who gave birth to 
children and then sold the babies to Italian families for $13,500 
(10,000 euros) each. In September, 12 persons, including 2 policemen, 
were arrested in Sassari and charged with trafficking for prostitution 
and falsification of documents. In December, following an investigation 
coordinated with Brazilian authorities, four persons were accused of 
organizing tours to Brazil that included the sexual services of girls 
ages 12 to 17.
    Trafficking in persons for the purpose of sexual exploitation 
involved immigrants, mostly from Nigeria, North Africa, Eastern Europe, 
China, and South America. Press reports estimated that over 85 percent 
of prostitutes in the country were immigrants, primarily from Eastern 
Europe and North Africa.
    Trafficking in children for sweatshop labor was a particular 
problem in Tuscany's expanding Chinese immigrant community, where 
children were considered to be part of the family ``production unit.''
    Victims of trafficking were usually lured to Western Europe with 
promises of a job, or sold by relatives, friends, or acquaintances. 
They were then forced into prostitution, laboring in restaurants or 
sweatshops, or begging in the street. Their traffickers enforced 
compliance by taking their documents, beating and raping them, or 
threatening their families. There were no reports of trafficked women 
being killed by their traffickers during the year.
    Organized criminal groups were responsible for most trafficking in 
the country; prostitution rings routinely moved trafficked persons from 
city to city to avoid arrest. In July, police in Brescia arrested two 
Albanians, one Egyptian, one Pakistani, and one Italian involved in 
trafficking women from eastern countries for prostitution.
    Government officials did not participate in, facilitate, or condone 
trafficking.
    Victims of trafficking who were in the sex trade faced the 
attendant health risks resulting from unsafe or unprotected sex. 
Trafficking victims in the Tuscany region who worked in sweatshops were 
possibly exposed to dangerous chemicals in the leather industry.
    The law provides temporary residence or work permits to persons who 
seek to escape their exploiters. Victims were encouraged to file 
complaints, and there are no legal impediments for them to do so. If a 
complaint was lodged, victims usually did not face prosecution for any 
laws they had broken. NGOs alleged that the Government did not allow 
enough time between apprehension and deportation of illegal immigrants 
to screen for trafficking victims.
    The Government provided legal and medical assistance once a person 
was identified as having been trafficked. There were shelters and 
programs for job training. There also were assistance and incentive 
programs for those willing to return to their home country; in 2003, 47 
victims who choose to go home were repatriated. The domestic NGO Social 
Service International assisted in repatriating unaccompanied immigrant 
minors.
    The law creates a separate budgetary category for victim assistance 
programs and empowers magistrates to seize convicted traffickers' 
assets to finance legal assistance, vocational training, and other 
social integration assistance to trafficking victims.
    The Government, in conjunction with other governments and NGOs, 
worked to orchestrate awareness campaigns. The law directs the Foreign 
Ministry, together with the Equal Opportunity Ministry, to conclude 
additional anti-trafficking agreements with trafficking source 
countries.

    Persons With Disabilities.--There was no governmental 
discrimination against persons with disabilities in employment, 
education, access to health care, or in the provision of other state 
services; however, there was some societal discrimination. The law 
requires companies having 15 or more employees to hire workers with 
disabilities; in exchange, companies received financial benefits. 
Although the law mandates access to buildings for persons with 
disabilities, mechanical barriers, particularly in public transport, 
left such persons at a disadvantage.
    According to the Government, there were approximately 2.6 million 
persons with disabilities representing about 5 percent of the 
population. Of the 500,000 workers with disabilities registered at 
public employment centers, only 5.8 percent found work.

    National/Racial/Ethnic Minorities.--In November, the Minister for 
Equal Opportunities created a National Office to Combat Racial and 
Ethnic Discrimination to monitor and prevent discrimination and to 
provide victims with legal assistance. Its programs were to include a 
national hotline for reporting cases and public relations campaigns to 
discourage discrimination.
    Increasing immigration led to some anti-immigrant sentiment. Since 
many immigrants are Muslim, religion was an additional factor 
differentiating them from native-born citizens. According to an 
International Labor Organization survey conducted during the year in 
three major cities, 41 percent of Moroccan immigrants believed that 
employers discriminated against them during the hiring process. 
Nevertheless, there was a high rate of employment of immigrants in low-
paying jobs.
    Public opinion surveys indicated that the prevalence of negative 
attitudes toward immigrants was increasing, especially among young 
persons and in the north of the country.
    In 2003, a U.N. commission of independent experts underscored its 
grave concern over continued police mistreatment of young immigrants 
and Roma and recommended more extensive training for law enforcement 
officers working with children. In response, several municipalities 
established training programs devoted specifically to police in charge 
of public order in the Romani camps.
    There were no accurate statistics on the number of Roma in the 
country. Romani community members and Romani-oriented NGOs estimated 
that the population was approximately 120,000, of whom up to 80 percent 
could be Italian citizens--most of whom can trace their ancestry in the 
country to the late 14th Century. These Roma tended to live in the 
central and southern parts of the country; there is no official 
recognition of their language. They worked and lived in conditions 
indistinguishable from those of other Italians.
    Romani immigrants, or the children of Romani immigrants, were 
concentrated on the fringes of urban areas in the central and southern 
parts of the country, living in camps characterized by poor housing, 
unhygienic sanitary conditions, limited employment prospects, 
inadequate educational facilities and the absence of a consistent 
police presence. Faced with limited income and job opportunities, and 
suffering from harassment, some Roma turned to begging or petty crime, 
which generated repressive measures by police and some judicial 
authorities.
    Some traditional minorities, including French- and German-speaking 
Alpine communities in the north and a mixture of German and Slovene 
speakers in the northeast, enjoy special autonomous status. The special 
rights of these areas--respectively, the Valle d'Aosta, Trentino Alto 
Adige, and Friuli Venezia Giulia--include the use of non-Italian 
languages in government offices and, in Trentino Alto Adige and Valle 
d'Aosta, in public schools. The law provides for Slovene to be used in 
government offices and schools.
Section 6. Worker Rights
    a. The Right of Association.--The law provides for the right to 
establish trade unions, join unions, and carry out union activities in 
the workplace, and workers freely exercised these rights. The unions 
claimed to represent between 35 and 40 percent of the work force.

    b. The Right to Organize and Bargain Collectively.--The 
Constitution provides for the right of workers to organize and bargain 
collectively, and workers exercised this right. Approximately 35 
percent of the workforce works under a union-negotiated contract, but 
nonunion members working alongside union employees also benefited from 
the same contracts. The Constitution provides for the right to strike, 
and workers exercised this right in practice. The law restricts strikes 
affecting essential public services (for example, transport, 
sanitation, and health), requiring longer advance notification and 
precluding multiple strikes within days of each other.
    There are no export processing zones.

    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). Police 
periodically discovered clandestine Chinese immigrants working in 
plants throughout the country, particularly in Tuscany's large Chinese 
immigrant community.

    d. Prohibition of Child Labor and Minimum Age for Employment.--The 
law prohibits the employment of children under age 15 (with some 
limited exceptions), and there are specific restrictions on employment 
in hazardous or unhealthful occupations for men under age 18 and women 
under age 21; however, these laws were not fully respected in practice. 
The enforcement of minimum age or other child protection laws was 
difficult in the extensive underground economy. During the year, an 
independent research center estimated that approximately 400,000 
children worked at least occasionally, while 70,000 children worked for 
at least 4 hours per day. In 2002, the National Institute of Statistics 
(ISTAT) reported that approximately 31,500 children--a large number of 
whom were 14 years old and younger--worked in agriculture (mostly boys) 
and urban hotels, coffee bars, and restaurants (mostly girls). This 
child labor occurred primarily within the family, and mistreatment was 
not a problem. However, ISTAT stated that mistreatment and exploitation 
were problems for child labor that occurred outside of families, 
particularly for children of immigrants.
    Illegal immigrant child laborers from northern Africa, the 
Philippines, Albania, and, particularly China, continued to enter the 
country in large numbers. A combination of immigration legislation and 
stricter enforcement operations reduced the number of Chinese 
immigrants working in sweatshop conditions; however, many minor 
children worked alongside the rest of their families to produce 
scarves, purses, and imitations of various brand name products.
    The Government, employers' associations, and unions continued their 
tripartite cooperation on child labor. The Ministry of Labor, working 
with the police and the Carabinieri, is responsible for enforcement of 
child labor laws.

    e. Acceptable Conditions of Work.--The law does not set minimum 
wages, but they are set through collective bargaining agreements on a 
sector-by-sector basis. When an employer and a union fail to reach an 
agreement, courts may determine fair wages on the basis of practice in 
comparable activities, although this rarely happened in practice. The 
average daily wage provided a decent standard of living for a worker 
and family.
    The legal workweek is 40 hours. Overtime work may not exceed 2 
hours per day or an average of 12 hours per week. Unless limited by a 
collective bargaining agreement, the law sets maximum permissible 
overtime hours in industrial sector firms at no more than 80 hours per 
quarter and 250 hours annually.
    The law sets basic health and safety standards and guidelines for 
compensation for on-the-job injuries. EU directives on health and 
safety also have been incorporated into the law. Labor inspectors were 
from the public health service or from the Ministry of Labor, but they 
were few in number in view of the scope of their responsibilities. 
During the year, the Ministry of Labor hired an additional 850 labor 
inspectors. Workers have the right to remove themselves from dangerous 
work situations without jeopardizing their continued employment. Courts 
imposed fines and sometimes prison terms for violation of health and 
safety laws.

                               __________

                               KAZAKHSTAN

    The Constitution of Kazakhstan concentrates power in the 
presidency. President Nursultan Nazarbayev was elected to a 7-year term 
in a 1999 election that fell far short of international standards. The 
Constitution permits the President to control the legislature and 
judiciary, as well as regional and local governments; changes or 
amendments to the Constitution require presidential consent. The law 
allows the President to retain certain controls over policy and a seat 
on the Security Council after he leaves office. The Constitution limits 
Parliament's powers by precluding it from appropriating state money or 
lowering taxes without executive branch approval, although Members of 
Parliament (M.P.s) have the right to introduce legislation. 
Parliamentary elections in September and runoff elections in October 
were in some respects an improvement over the previous elections; 
however, they fell short of international standards and featured 
numerous irregularities. Although opposition party Ak Zhol won one seat 
in September's Mazhilis (the lower house of Parliament) elections, 
party leaders declined the seat to protest what they characterized as 
election fraud. As a result, no opposition parties were represented in 
the Mazhilis following the elections. The judiciary remained under the 
control of the President and executive branch, and corruption remained 
systemic.
    The Committee for National Security (KNB) is responsible for 
national security, intelligence, and counterintelligence. The Ministry 
of Internal Affairs (MVD) supervises the police. Civilian authorities 
maintained effective control of the security forces. Members of the 
security forces committed human rights abuses.
    The country continued to move towards a market-based economy driven 
by energy and mineral resources. The population was approximately 15.4 
million. During the year, approximately 16 percent of the population 
lived below the poverty line. Inflation was 6.7 percent, and the 
official unemployment rate was approximately 8 percent during the year. 
Wage growth exceeded inflation. Real gross domestic product grew by 9.3 
percent during the year.
    The Government's human rights record remained poor, and it 
continued to commit numerous abuses. The Government severely limited 
citizens' right to change their government and democratic institutions 
remained weak. On some occasions, members of the security forces, 
including police, tortured, beat, and otherwise mistreated detainees; 
some officials were punished for these abuses. Prison conditions 
remained harsh; however, the Government took an active role in efforts 
to improve prison conditions and the treatment of prisoners. The 
Government continued to use arbitrary arrest and detention and to 
selectively prosecute political opponents; prolonged detention was a 
problem. Amendments to several laws governing the authority of 
procurators further eroded judicial independence. The Government 
infringed on citizens' privacy rights.
    The Government continued to restrict freedom of the press. There 
were instances of Government harassment of independent media. As a 
consequence, some media outlets closed or remained closed, and many 
journalists practiced self-censorship. The Government took positive 
steps to improve political participation by registering opposition 
political parties, some of which had previously been denied 
registration, before the September 19 parliamentary elections. The 
Government restricted freedom of assembly and association and limited 
democratic expression by restricting political party demonstrations and 
rallies.
    Freedom of religion improved during the year. National and regional 
officials worked to correct incidents when local authorities harassed 
nontraditional religious groups or their members; as a consequence, 
there were few incidents reported during the year. Some human rights 
observers reported that the Government monitored their activities. 
Violence against women, including domestic violence, was a serious 
problem.
    Discrimination against women, persons with disabilities, and ethnic 
minorities remained problems. The Government discriminated in favor of 
ethnic Kazakhs. Trafficking in persons, primarily women trafficked for 
sexual exploitation, was a problem, which the Government took steps to 
address. Workers' rights were restricted, and child labor persisted in 
agricultural areas.
                        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, 
some conscripts died as a result of military hazing and mistreatment. 
Military hazing was a serious problem that not only led to deaths as a 
result of mistreatment but also resulted in some conscripts committing 
suicide (see Section 1.c.). The Government took some steps to prevent 
or reduce hazing through education and reforms aimed at 
professionalizing the military; however, problems remained.
    On June 15, conscript Nurbol Toyanov died after having served only 
5 days in his military unit. An investigation determined that older 
soldiers routinely beat and humiliated new conscripts in the unit. 
Three sergeants in the unit were convicted for causing Toyanov's fatal 
injuries, and they received sentences that ranged from 18 months of 
service in a disciplinary battalion to 6 years in prison.
    On July 16, according to press reports, conscript Asylbek Zhumanov 
died under mysterious circumstances with the official cause of death 
listed as a suicide; however, the case was investigated as a homicide. 
A military police investigation led to charges against several fellow-
conscripts, who were convicted of hazing that resulted in Zhumanov's 
death. Six older soldiers from Zhumanov's military unit were convicted 
of murdering Zhumanov; one soldier received a suspended sentence on 
appeal, while the other 5 soldiers received sentences ranging from 2 to 
5 years in prison.
    On July 16, media reported the suspicious deaths of two brothers, 
who were conscripts in separate military units. Azamat Brimzhanov died 
after he was beaten severely in a hazing incident. Two sergeants from 
his unit were detained as suspects. In a separate incident, his 
brother, Yerbolat Brimzhanov, jumped out of the fourth floor window of 
his barracks and died. In court, Yerbolat Brimzhanov's fellow-
conscripts testified that he had been beaten repeatedly and severely 
for over 2 weeks. In August in Sary Ozek, Almaty region, 8 fellow 
conscripts were convicted and sentenced to 8 to 10 years in prison for 
hazing that caused the death of Yerbolat Brimzhanov. Two sergeants in 
the unit were dismissed from the army; no criminal charges were brought 
against them.
    No charges had been brought by year's end in the case of Daniyar 
Nagaybayev, a private who died in May 2003. The press reported that 
Nagaybayev's sergeant killed him while disciplining him for 
disobedience.
    No arrest had been made at year's end in the 2001 killing of 
Dilbirim Samsakovaya, a well-known Uighur community activist.

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

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The Constitution prohibits such practices; however, police 
and prison officials at times tortured, beat, and otherwise abused 
detainees, often to obtain confessions. Human rights observers and 
government officials reported that beatings and abuse of prisoners 
increased during the year.
    The Government reported that 51 criminal cases against law 
enforcement officers for physical abuse were filed during the year.
    In March in Aktau, human rights advocates publicized the case of 
Berik Tatiyev, who reportedly was severely tortured by MVD authorities 
while being held in pretrial detention between December 2003 and 
February. Procurators launched a criminal investigation that did not 
result in any charges by year's end. The director and deputy director 
of the Aktau pretrial detention facility were fired, and the head of 
the Aktau police department received minor disciplinary punishment for 
his role in the case.
    It was reported that in July 2003, a district deputy procurator and 
two other men brutally beat a 14-year-old girl at a cafe in the 
southern part of the country. The case was ongoing at the year's end; 
however, according to the victim's parents, the district deputy 
procurator exerted pressure on witnesses in the case, discouraging them 
from testifying.
    On July 16, the Arkalyk City court convicted four Arkalyk prison 
guards for beating prisoners on January 11. All 4 guards were sentenced 
to prison terms ranging from 5 to 6 years.
    There were unconfirmed reports that some women detained by law 
enforcement officers were subjected to coercive sexual advances or 
rape.
    Army personnel continued to subject conscripts to brutal hazing, 
including beatings and verbal abuse. There were reports of hazing-
related deaths and suicide (see Section 1.a.); which in some cases led 
to investigations and eventual convictions of service members. The Main 
Military Procurator reported close to 100 suicides among conscripts in 
2003. The Army reported that 128 hazing cases were opened during the 
first 9 months of 2003, 13 of which were classified as particularly 
severe; in the first 6 months of 2003, 50 service members were 
convicted of hazing. On January 5, conscript Andrey Frolov committed 
suicide while serving in a military unit stationed in Tokyaru 
settlement, near Balkhash. According to an internal investigation, 
Frolov had been subjected to extensive physical and psychological abuse 
by older soldiers. Reportedly, other conscripts were abused by the same 
soldiers but were too scared to testify in court and a trial did not 
take place. On January 18, conscript Baurzhan Bukitayev committed 
suicide by hanging. Two sergeants in Bukitayev's military unit were 
tried and convicted for hazing Bukitayev.
    Conscript Madiyar Argynbekov committed suicide on November 30, 
leaving a suicide note that blamed an older soldier in a Pavlodar 
military detachment for hazing and physical abuse. An investigation was 
underway at year's end.
    The Government continued a training program for military forces on 
social and legal issues, which included mandatory antihazing training.
    Prison conditions remained harsh and sometimes life threatening. 
Mistreatment occurred in pretrial detention facilities and in prisons, 
and nongovernmental organizations (NGOs) and international 
organizations reported that abuses of prisoners increased after the 
head of the penitentiary system and approximately one-third of the 
prison administrators were replaced in 2003. The December 2003 transfer 
of supervision of pretrial detention facilities from the MVD to the 
Ministry of Justice was completed in May; as a result of this transfer, 
conditions improved, although they remained harsh. The head of the 
prison system and two deputies resigned in February following reports 
of brutal beatings of inmates in certain prisons. Violent crime among 
prisoners was common. During the year, the number of prisoners 
continued to decline significantly. Much of the decrease was associated 
with the 2002 Humanization of Criminal Justice Law, which prescribes 
punishments other than imprisonment, such as probation, for minor first 
offenses.
    The Government reported 2,600 total violations, including physical 
force violations, by employees of the penitentiary system during the 
year. Some officials were punished for these abuses; 911 employees 
received disciplinary punishment, including fines, demotions, and 
dismissal and another 8 employees were convicted on criminal charges.
    In the past several years, prison diets and availability of medical 
supplies have improved. There were 6 tuberculosis colonies and 2 
tuberculosis hospitals for prisoners; 5,591 prisoners were housed in 
these colonies. While the incidence of tuberculosis stabilized, HIV/
AIDS continued to be a problem. The Government, together with the U.N. 
Development Program (UNDP), continued to implement a project to prevent 
HIV/AIDS and other sexually transmitted diseases in penitentiaries. 
Prisoners were permitted to have visitors, although the number and 
duration of visits depended on the security level of the prison and the 
type of sentence being served.
    Prisoners were held in close proximity, barracks-style facilities; 
however, a government program to build new correctional facilities and 
rehabilitate existing facilities continued throughout the year.
    Incidents of self-mutilation by inmates to protest prison 
conditions continued. In general, the Government did not take action in 
response to self-inflicted injuries by prisoners.
    In May, a group of juvenile prisoners at an Almaty prison staged a 
riot to protest harsh conditions. After the uprising was suppressed, 
the Penitentiary Commission reported that two prisoners had been 
admitted to the hospital: One had attempted suicide, another had been 
thrown out a second story window by his roommates.
    There were separate facilities for men and women, and juveniles 
were held separately from adults. Pretrial detainees were held 
separately from convicted prisoners. Approximately 50 percent of the 
prison population served their terms in facilities that, contrary to 
the law, were not near their places of residence.
    Although there is no known statutory requirement, human rights 
observers and journalists wishing to visit prisons must receive 
authorization; observers and journalists reported that authorities 
often denied such requests, especially in politically sensitive cases. 
The Kazakhstan International Bureau for Human Rights and Rule of Law 
visited men's, women's, and juveniles' facilities during the year, 
although they also reported that their requests were sometimes denied 
without clearly articulated reasons.

    d. Arbitrary Arrest or Detention.--The Constitution prohibits 
arbitrary arrest and detention; however, they remained problems.
    The KNB plays a law enforcement role in border security, internal 
security, and antiterrorism efforts and oversees the external 
intelligence service, Barlau. The Chairman of the KNB reports directly 
to the President. The MVD supervises the national police force. Police 
were poorly paid and widely believed to be corrupt. On June 25, the MVD 
announced the creation of regional public commissions to investigate 
allegations of corruption and abuse received through hotlines set up to 
receive complaints about police. The Minister also reported that over 
300,000 complaints of police corruption had been received in 2003 (see 
Section 3).
    According to the Government, during the year, 74 investigations 
were initiated against 114 law enforcement officers, for violations of 
citizens' rights. Of these cases, 25 resulted in criminal cases taken 
to courts. Human rights observers believed that these cases covered 
only a small fraction of the incidents of police abuse of detainees, 
which they characterized as routine.
    The Constitution provides that courts or procurators must sanction 
arrests and detentions, and the Government generally respected this 
provision in practice. Warrants were required for arrest. Procurators 
have the power to authorize arrest and pre-trial detention as well as 
investigative actions such as searches and seizures. The law allows 
police to hold a detainee for 72 hours before bringing charges; 
however, human rights observers alleged that police routinely failed to 
register the name of a person arrested in order to extend the maximum 
72-hour period that a person could be held without the approval of the 
procurator.
    A bail system exists, but was rarely used, and individuals 
generally remained in pretrial detention until their trial.
    Every person detained, arrested, or accused of committing a crime 
has the right to the assistance of a defense lawyer from the moment of 
detention, arrest, or accusation; however, police were not required 
under the law or in practice to inform detainees that they had the 
right to an attorney. Human rights observers alleged that law 
enforcement officials dissuaded detainees from seeing an attorney or 
gathered evidence through preliminary questioning before the person's 
attorney arrived and the formal interrogation began.
    The Government arrested and detained government opponents and 
critics, sometimes for minor infractions of the law such as 
unsanctioned assembly, and selectively prosecuted political opponents 
(see Sections 1.e., 2.a., and 2.b.).
    On August 16, journalist Sergey Duvanov was conditionally released 
from custody under parole status. In 2003, Duvanov, known for his 
reporting on domestic politics, was convicted of raping a minor and 
sentenced to 3 years in prison, though most recently he had been under 
house arrest. Observers considered the charges politically motivated 
and the trial marked by serious procedural irregularities (see Sections 
1.e. and 2.a.). Duvanov's release was subject to certain restrictions 
on his movement and attendance of public events.
    There were credible reports of arbitrary detention of members of 
the political opposition.
    On August 16, former Governor and opposition party Democratic 
Choice of Kazakhstan (DCK) leader Galymzhan Zhakiyanov was transferred 
to a minimum security settlement colony, the first administrative step 
toward parole. In 2002, Zhakiyanov had been tried and convicted of 
alleged abuse of power and corruption along with Mukhtar Ablyazov, 
former Minister of Energy. The arrests occurred years after the crimes 
were allegedly committed, but only months after Ablyazov and Zhakiyanov 
founded an opposition political movement. Authorities reportedly tried 
to convince Zhakiyanov to discontinue his political activities in 
exchange for release, and threatened to impose new criminal charges.
    Police reportedly detained foreigners without official charges, 
sometimes mistreating them.
    Pretrial detention is permitted for periods up to 1 year with 
approval from the Procurator General, and there were no reports that 
detainees were held for periods longer than 1 year. The aggregate 
number of persons held in pretrial detention facilities continued to 
decline during the year; at year's end, 8,000 detainees were being held 
pending trial. Local human rights NGOs reported that authorities 
generally denied them access to pretrial detention facilities.
    An unnamed citizen from Shymkent won a lawsuit against the 
Government for damages inflicted by police during investigation of his 
wife's murder in 2003. The Government was ordered to pay $2307.70 
(300,000 KZT) as monetary remuneration for illegal detention and police 
abuse of the plaintiff. The Supreme Court press service indicated that 
this suit was the first in which the Government was held financially 
responsible for illegal detention and police abuse.
    Many individuals were detained for identity checks without 
suspicion of a criminal offense. Law enforcement officials performing 
identity checks were required by law to identify themselves and show 
their badges if the subject requested.

    e. Denial of Fair Public Trial.--The law does not adequately 
provide for an independent judiciary; in practice, the executive branch 
subjugated judicial independence. Procurators enjoyed a quasi-judicial 
role, and were permitted to suspend court decisions.
    There are three levels in the court system: District, Oblast 
(regional), and the Supreme Court. District courts are the court of 
first instance in nearly all criminal cases. Oblast courts hear cases 
involving more serious crimes, including those that carry the death 
penalty, and may handle cases in rural areas with no local courts. 
District court decisions may be appealed to the oblast courts, and 
oblast court decisions may be appealed to the Supreme Court. There are 
also military courts.
    The Constitutional Council, which replaced the Constitutional 
Court, rules on election and referendum challenges, interprets the 
Constitution, and determines the constitutionality of laws adopted by 
Parliament. The President directly appoints three of its seven members, 
including the chairman, and has the right to veto Council decisions. 
The Council can overturn a presidential veto if at least two-thirds 
(five) of its members vote to do so. Only the President, Chairman of 
the Senate, Chairman of the Parliament, Prime Minister, one-fifth of 
the Members of Parliament (M.P.s), or a court of law may appeal to the 
Constitutional Council; courts may appeal if they find that a law or 
legislation undermined the rights and liberties of an individual and a 
citizen. Citizens may not appeal to the Council, although they were 
allowed to appeal the constitutionality of government actions to the 
former Constitutional Court.
    Corruption was evident at every stage and level of the judicial 
process. Although judges were among the most highly paid government 
employees, lawyers and human rights monitors alleged that judges, 
procurators, and other officials solicited bribes in exchange for 
favorable rulings the majority of criminal cases (see Section 3).
    The President nominates Supreme Court judges to the upper house of 
Parliament through the presidentially appointed Supreme Judicial 
Council. The President appoints oblast judges nominated by the Supreme 
Judicial Council, and local level judges from a list presented by the 
MOJ. Judges are appointed for life or until mandatory retirement at age 
65.
    The law provides for a fair trial; however, trials often were not 
fair in practice. The Constitution allows for trial by jury; however, 
jury trials were not implemented in practice. Trials were public, 
except in instances that could compromise state secrets, or to protect 
the private life or personal family concerns of a citizen. However, 
there were several reports during the year of journalists being denied 
access to open court hearings. Defendants have the right to counsel and 
to a Government-provided attorney if they cannot afford one; however, 
in practice, defense attorneys reportedly participated in only half of 
all criminal cases because the Government did not have sufficient funds 
to pay them.
    The Constitution also provides defendants the right to be present 
at their trials, to be heard in court, and to call witnesses for the 
defense. Defendants enjoy a presumption of innocence, are protected 
from self-incrimination, and have the right to appeal a decision to a 
higher court. These rights were generally exercised in practice; 
however, there were reports of individual cases of infringement.
    Court verdicts were often determined invalid, and in many cases 
reversed based on the inadequacy of evidence. In many instances, lower 
courts convicted defendants despite procedural violations. Lack of due 
process was a problem, particularly in politically motivated trials.
    On August 16, journalist Sergey Duvanov, who was convicted in March 
2003 of raping a minor, was released on full parole. Independent legal 
experts deemed his trial unfair, citing lack of evidence, procedural 
violations, and denial of the presumption of innocence through comments 
made by the President.
    Zhakiyanov, who had been convicted in 2002 following a trial that 
international observers said was politically motivated and lacked due 
process, remained in a prison facility in Kostanay Oblast until August, 
when he was transferred to a reduced security settlement colony in 
Shiderty, Pavlodar Oblast. Zhakiyanov's family and advocates reported 
that he faced harsher conditions than other inmates at the facility. 
Following Zhakiyanov's transfer, the media reported an official 
investigation of new corruption charges against Zhakiyanov; however, at 
year's end, no new charges had been filed.
    There were no reports of political prisoners.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The Constitution prohibits such actions; however, the 
Government at times infringed on these rights.
    The law provides procurators with extensive authority to limit 
citizens' constitutional rights. The KNB, MVD, Financial Police, and 
other agencies, with the concurrence of the Procurator General's 
Office, may infringe on the secrecy of private communications and 
financial records, as well as on the inviolability of the home. Courts 
may hear an appeal on such decisions by procurators, but cannot issue 
an immediate injunction to cease the infringement. The Criminal 
Procedure Code allows wiretapping and recording of communications for 
investigative purposes without a procurator's warrant only in urgent 
cases; however, the Procurator must be notified of the interception 
within 24 hours.
    Government opponents continued to report that the Government 
monitored their movements and telephone calls on occassion.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The law provides for freedom of 
speech and of the press; however, observers reported the Government 
used a variety of means, including criminal and administrative charges, 
physical attacks, and vandalism to control the media. Judicial actions 
against journalists and media outlets, including civil and criminal 
libel suits filed by government officials, contributed to self-
censorship.
    The Government limited individuals' ability to criticize the 
country's leadership, and regional leaders increasingly sought ways to 
limit local media outlets' criticism of them. The Constitution provides 
for the protection of the dignity of the President, and the law 
prohibits insulting the President and other senior officials.
    Prior to the September 19 Mazhilis elections, international and 
local elections observers and opposition parties cited strong media 
bias in favor of pro-administration parties as a serious breach of the 
election law, which stipulates that media must provide equal coverage 
of all parties during the official campaign season. The Organization 
for Security and Cooperation in Europe (OSCE) noted that no media 
outlets were shut down in the period prior to the elections, nor were 
journalists prosecuted, as during past elections. However, a local 
media advocacy group documented 39 separate incidents of journalists 
being denied access to information about the elections or being 
prohibited from covering voting or vote-counting, rights that are 
protected by law.
    In July, Altynbek Sarsenbaiuly, a co-chairman of opposition party 
Ak Zhol, was appointed Minister of Information. Sarsenbaiuly took a 
leave of absence from this position in August to campaign for the 
Mazhilis elections. On September 20, Sarsenbaiuly formally resigned his 
position as Minister of Information to protest elections 
irregularities. The Ministry was reorganized later in the year to 
become part of the Ministry of Culture, Information and Sports.
    According to government statistics, there were 990 privately owned 
newspapers and 418 privately owned magazines. The Government ran one of 
the two national Russian-language newspapers and the only national 
Kazakh-language newspaper that appeared as many as five times a week. 
In addition, members of the President's family were believed to control 
a number of privately owned media. Many newspapers that nominally were 
independent received government subsidies. Each major city had at least 
one independent weekly newspaper. The centrist opposition political 
party Ak Zhol continued to publish two national weeklies during the 
year.
    The Government controlled nearly all broadcast transmission 
facilities. There were 116 independent television and 35 radio 
stations. Only three combined radio and television companies could 
broadcast nationwide; of these, one was completely government-owned, 
one was 50 percent government-owned, and one was nominally independent. 
Regional governments owned several frequencies; however, independent 
broadcasters arranged to use the majority of these. Many media outlets 
considered to be independent, including the larger outlets, were owned 
by holding companies believed to be controlled by members of the 
President's family and close circle of friends.
    All media were required to register with the Ministry of 
Information, or its successor, the Ministry of Culture, Information and 
Sports, although websites were exempted from this requirement. In 
practice, media outlets known to be associated with opposition 
political parties or movements were frequently refused registration.
    The law limits the rebroadcast of foreign-produced programming to 
20 percent of a station's total airtime. This provision burdened 
smaller, less-developed regional television stations that lacked 
resources to develop their own programs. However, no media outlets were 
sanctioned under this provision.
    Harassment of and violence against journalists were problems.
    For example, on March 17, the city court of Aktyubinsk sentenced 
Vladimir Mikhaylov, the publisher of the independent weekly newspaper 
Diapazon, to 1 year in prison for noncompliance with a 2002 court order 
regarding a property dispute that media advocates characterized as 
politically motivated. Diapazon staffers believe the case was motivated 
by local authorities' desire to take control of the paper, as Mikhaylov 
was approached earlier during the year and was asked to sell his 
interest in Diapazon, but refused. Mikhaylov's sentence was reduced to 
180 hours of community service on appeal, and on April 26 he was 
released from prison, where he had spent the previous month.
    In November 2003, an Almaty district court convicted Yermurat Bapi, 
editor-in-chief of the opposition newspaper SolDat and a member of the 
executive committee of the RNPK, of tax evasion and barred him from 
practicing journalism for 5 years. Bapi and the newspaper had 
previously been subjected to harassment, libel suits, and tax charges.
    On August 16, a district court in Almaty granted a permanent early 
release on full parole to journalist Sergey Duvanov, who had been 
jailed after a January 2003 conviction on the allegedly politically 
motivated charge of raping a 14-year-old (see Sections 1.d., 1.e., and 
3). In a separate incident, Duvanov was the victim of a 2002 attack by 
three unknown persons, who carved a cross and several other marks on 
his chest and allegedly told him that he was aware of why they were 
attacking him. President Nazarbayev denounced this attack, calling it a 
provocation. Duvanov received no communication on the case from law 
enforcement during the year and no arrests were made.
    During the September Mazhilis elections, members of a local 
election commission assaulted newspaper correspondents Tamara 
Sukhomlinova and Gulzhanat Isabayeva. Their newspaper filed an official 
complaint with the regional procurator in September, but had not 
received a response by year's end.
    On July 16, Askhat Sharipzhanov, a correspondent for the opposition 
online news organization Navigator, was struck by a car and died 4 days 
later, under what journalists and human rights advocates stated were 
suspicious circumstances. According to the police account of the 
accident, Sharipzhanov was drunk when he was struck by a car late at 
night as he was crossing a street in Almaty. Sharipzhanov's colleagues 
reported that he had conducted interviews with opposition figures 
Zamanbek Nurkadilov and Altynbek Sarsenbaiuly on the evening of the 
accident. The tape recorder that Sharipzhanov's colleagues believed he 
was carrying was not found. Colleagues also noted several suspicious 
deviations from Sharipzhanov's normal routine on the night he was 
injured. Hearings into the death began in October in the Almaty 
District Court, but had not concluded by year's end.
    Journalists covering organized crime and corruption reported 
harassment and intimidation directed at them as a result of their 
reporting.
    On August 17 in Taraz, unknown assailants threw 7 molotov cocktails 
through the windows of the independent weekly newspaper, Yuzhniy 
Ekspress. Editor-in-chief Zharylkasyn Nuraliyev said the attack was 
likely provoked by reporting on organized crime structures and was not 
linked to the parliamentary elections. A local media defense expert 
suggested the attack was linked to a particular article in the 
newspaper on attempts by crime bosses to put up candidates for the 
parliamentary elections. No one had been charged by year's end.
    The law provides for free speech and prohibits censorship; however, 
it also enables the Government to restrict media content under 
amendments that prohibit undermining state security or advocating 
class, social, race, national, or religious superiority, or cruelty and 
violence. Owners, editors, distributors, and journalists may be held 
civilly and criminally responsible for content, regardless of the 
source of information, unless it came from an official source. Criminal 
libel suits could be initiated by private parties on behalf of the 
Government, and an individual filing such a suit would be able to file 
a civil suit as well, based upon the same allegations. The law also 
prohibits violence and all pornography from television broadcasts. The 
Government continued to be able to influence most printing and 
distribution facilities and to subsidize periodicals, including many 
that supposedly were independent. In addition, many publishing houses 
were government-owned.
    In April, the President vetoed a draft media law after the 
Constitutional Council ruled parts of the draft unconstitutional. 
International organizations and NGOs stated the draft would have 
further restricted media freedom. In August, then-Minister of 
Information Altynbek Sarsenbaiuly convened a working group to revise 
the law to make it conform with internationally recognized democratic 
standards, but the status of that draft was left in doubt after 
Sarsenbaiuly resigned in September. The Congress of Journalists 
released an alternate version of a draft media law on October 21. By 
year's end, no draft law had been accepted by the Government for 
submission to Parliament.
    During the year, almost all media outlets willing to criticize the 
President directly were subjected to intimidation, often in the form of 
law enforcement actions and/or civil suits. While these events 
continued to cast a chilling effect on all media outlets, criticism of 
government policies continued to be reported during the year.
    The State Secrets Law makes it a criminal offense to release any 
information about the health, financial, or private life of the 
President, as well as economic information about the country such as 
the volumes of national mineral reserves and the amount of government 
debt owed to foreign creditors.
    Officials used the law's restrictive libel and defamation 
provisions to force media outlets to refrain from publishing 
unflattering information. Both the Criminal and Civil Codes contain 
articles establishing broad libel liability. Owners, editors, 
distributors, publishing houses, and journalists were held responsible 
for the content of information conveyed and had the burden of proving 
its veracity, regardless of its source, which promoted self-censorship 
at each level. At times, fines for libel were exorbitant and bankrupted 
small media outlets.
    Iskak Toksanbayev, a Petropavlovsk police colonel and the head of 
the regional MVD, filed a defamation suit against Vremya reporter 
Grigoriy Melnikov regarding a September 9 article that reported 
Toksanbayev had been fired after an incident during a drunken party. 
Toksanbayev demanded $15,385 (2,000,000 KZT) in damages. In a separate 
incident in March, Melnikov initiated criminal charges against Berik 
Bilyakov, the head of an oblast (regional) criminal investigation 
division, for attempting to set him up in a fight in order to have him 
arrested. The case against Bilyakov was dismissed in September for lack 
of evidence. Melnikov stated the set-up was in retaliation for his 
article criticizing Bilyakov. Bilyakov filed a lawsuit against Melnikov 
in Petropavlovsk city court for defamation. The defamation cases were 
ongoing at year's end.
    On October 27, the joint stock company Khabar, headed by Dariga 
Nazarbayeva, filed a defamation suit against Altynbek Sarsenbaiuly, co-
chairman of the opposition Ak Zhol party and former Minister of 
Information, in response to an October 1 interview in the weekly 
opposition newspaper Respublika, in which he accused Khabar of 
monopolizing the media market and violating financial regulations. The 
Khabar company demanded a public retraction and $7.58 million (1 
billion KZT) in damages.
    On July 16, an Almaty district court ordered the owner of weekly 
newspaper Assandi Times to pay $384,615 (50 million KZT) in damages 
regarding a civil libel suit the Presidential Administration filed 
against the paper for defamation. On June 2, a forged issue of the 
Assandi Times was published with articles that discredited opposition 
leaders and suggested the ``Kazakhgate'' case being tried in a foreign 
country was based on false information provided by the President's 
opponents. The day the false edition appeared, Assandi Times' editors 
posted a statement on the opposition Navigator online news site 
suggesting that the Presidential administration had published the 
forged issue. The Presidential Administration filed a separate suit 
against Navigator; the Navigator case was dropped after a retraction 
was issued by the website. The amount of damages against Assandi Times 
was the highest ever set in a libel case. As a result, the Assandi 
Times was forced to cease publication in mid-July due to insolvency. By 
the end of the year, the damages assessed to Assandi Times had not been 
paid.
    In mid-August, the former staff of the Assandi Times began 
publishing a new newspaper, Respublika: Delovoye Obozreniye. This 
marked the fourth time the newspaper's name changed to avoid what the 
editorial and management staff considered illegal judgments against the 
publication.
    On March 17, the Zhetysu district court in Almaty acquitted 
journalist Genadiy Benditskiy, of the national newspaper Vremya, of 
criminal libel, for lack of evidence. The charges were based on a 
complaint by former Minister of Energy Asygat Zhabagin, who objected to 
two articles Vremya published in 2003, which alleged that the 
organization that Zhabagin headed held bank accounts containing 
approximately $1.58 million (2.15 million KZT) in state funds that had 
been allocated for another purpose.
    Media outlets generally practiced self-censorship regarding 
information on the President and his family to avoid possible legal 
problems.
    Most media did not report a 2003 story, which had been widely 
reported internationally, about an investigation into possible illicit 
payments, allegedly from foreign companies to senior government 
officials, including President Nazarbayev. Local media outlets, when 
they did report on the case, informally dubbed it Kazakhgate (see 
Section 3).
    Some journalists alleged that the KNB or tax police threatened 
publishing houses if they printed opposition media; concern over 
criminal or civil proceedings influenced publishing houses.
    The law defines websites based in the country as media outlets. 
During the year, the content of websites was subject to libel lawsuits 
and criminal charges. Independent web media reported that the 
Government periodically blocked clients of the two largest Internet 
providers, Kaztelecom and Nursat, from direct access to several 
opposition websites, including Evrasia, Navigator, and Kub, although 
access was still available through anonymous proxy servers.
    The Government generally did not restrict academic freedom; 
however, as was the case for journalists, academics could not violate 
certain restrictions, such as criticizing the President and his family.

    b. Freedom of Peaceful Assembly and Association.--The Constitution 
provides for freedom of assembly and association; however, there were 
significant restrictions on these rights in practice. The Law on 
National Security defines as a threat to national security unsanctioned 
gatherings, public meetings, marches, demonstrations, illegal 
picketing, and strikes that upset social and political stability.
    Under the law, organizations must apply to the local authorities 
for a permit to hold a demonstration or public meeting at least 10 days 
in advance, or the activity is considered illegal. Opposition and human 
rights monitors complained that complicated procedures and the 10-day 
notification period made it difficult for groups to organize public 
meetings and demonstrations, and reported that local authorities, 
especially those outside Almaty, turned down most applications for 
demonstrations in central locations. Organizers of unsanctioned 
gatherings, including political party gatherings, frequently were 
detained briefly and often fined (see Section 3).
    On September 8, during an unsanctioned rally in the central square 
in Almaty, approximately 50 members of the opposition party Democratic 
Choice of Kazakhstan (DCK) approached the office of Dariga Nazarbayeva, 
daughter of President Nazarbayev and leader of the pro-Presidential 
party Asar (``All Together''), to challenge her to a debate. Police 
detained eight of the activists for a few hours, and fined them a 
nominal sum.
    In September, DCK received a permit to hold another rally, co-
sponsored by the Communist Party, as part of series of national rallies 
leading up to the September 19 parliamentary elections. However, the 
permit specified that the rally could take place only at a site on the 
outskirts of Almaty; DCK and the Communist Party instead staged the 
rally in the center of the city. Several DCK activists were taken to 
court, though no fines or penalties were levied. There was a separate 
report of the detention of an activist in Aktau city, who was fined and 
released after taking part in a concurrent, but unsanctioned, DCK/
Communist rally in Aktau.
    In early October, the DCK-Communist bloc attempted to get permits 
to stage demonstrations in cities across the country to protest 
election results. The protest was to take place on October 2, prior to 
run-off parliamentary elections. All requests for permits were denied 
by akimats, the local municipal governments.
    Any public organization set up by citizens must be registered with 
the MOJ, or its oblast branches. Participation in nonregistered public 
organizations can result in administrative or even criminal liability, 
such as fines, dissolution, probation or imprisonment. Although 
authorities often did not object to groups that failed to formally 
register, in some instances the prohibition on unregistered 
organizations provided the pretext for authorities to interfere with 
the activities of organizations. Membership organizations, including 
religious groups, must have 10 members to register at the local level 
and branches in over half of the oblasts for national registration. 
Political parties and labor unions were considered membership 
organizations, but had specific registration requirements. The law 
requires parties to have 50,000 members, including 700 in each region 
and prohibits parties established on an ethnic, gender, or religious 
basis (see Section 3).
    The Constitution prohibits members of the armed forces, employees 
of national security and law enforcement organizations, and judges from 
participating in trade unions or political parties.
    During the year, organizations were charged a fee to register as 
new organizations. Many organizations had to hire lawyers or other 
consultants to expedite registration through the bureaucracy, which 
increased the registration cost considerably. Some groups considered 
these costs to be a deterrent to registration.
    On September 21, a law went into effect simplifying registration 
procedures for legal entities, including membership and nonmembership 
organizations (see Section 2.c.). The new law provides that 
registration be granted within 10 days instead of 15. The law 
introduced a one-window procedure in which the MOJ is the sole agency 
to which the entities must apply; previously, legal entities had to 
register with the MOJ, the Agency on Statistics, and tax agencies, with 
each agency requiring a separate package of registration documents. 
Initial reports indicated that the registration process was more 
streamlined in practice.
    On February 4, Kakharman Kozhambergy, leader of the Association of 
Uighurs, reported he had been fined for holding an illegal meeting of 
an unregistered association when the association attempted to 
reorganize itself as a political party in a meeting in Almaty in July 
2003.
    The Government maintained that Hizb ut-Tahrir, a banned Islamic 
organization, is an extremist group. Although Hizb ut-Tahrir maintained 
that it was committed to nonviolence, the party's strongly anti-Semitic 
and anti-Western literature called for secular governments, including 
in the country, to be replaced by a world-wide Islamic government 
called the Caliphate. The Government does not consider Hizb ut-Tahrir 
to be a religious organization and characterizes the handing out of 
pamphlets by Hizb ut-Tahrir members as incitement for political and 
terrorist purposes. On several occasions during the year, authorities 
detained Hizb ut-Tahrir members for distributing literature. More 
frequently than in previous years, authorities filed charges against 
these individuals, and courts convicted several of them, generally for 
inciting social, national, tribal, racial, or religious hatred. In 
other cases, however, alleged Hizb ut-Tahrir members simply continued 
to be held in custody for brief periods and then released. During the 
reporting period, there were no reported cases of government officials 
harassing observant Muslims under the guise of combating Hizb ut-Tahrir 
activities, other than those actively engaged in pamphleteering. (see 
Section 2.c.).

    c. Freedom of Religion.--The Constitution provides for freedom of 
religion, and the Government generally respected this in practice; 
however, local officials attempted on occasion to limit the practice of 
some nontraditional religions. Higher-level officials or courts often 
intervened to correct such attempts. There existed general wariness 
within the population, particularly in rural areas, of nontraditional 
religions.
    The Constitution defines the country as a secular state. While on 
several occasions in previous years the Government unsuccessfully 
sought to amend the National Religion Law to give the Muslim Spiritual 
Association a quasi-official role, both the Government and the 
association denied any official connection between them.
    The Government invited the leaders of the two largest religions, 
Islam and Russian Orthodoxy, to participate jointly in some state 
events. The leaders of the Catholic and Jewish religions, which were 
represented by small proportions of the population, also participated 
in some official events. Leaders of other faiths, including Baptists, 
Adventists, and other nontraditional groups, have at times also 
participated in some government events.
    In contrast to laws governing other public associations, the 
National Religion Law does not explicitly require religious 
organizations to register with the Government (see Section 2.b.); 
however, religious organizations must register to receive legal status 
in order to act as a legal entity to buy or rent real property, hire 
employees, or engage in other legal transactions. Unlike in previous 
years, religious groups did not experience delays in registration; this 
was primarily due to the new law that simplified the registration 
procedure (see Section 2.b.). The Government exempted registered 
religious organizations from taxes on church collections and income 
from certain religious activities. The Government donated buildings and 
provided other assistance for the construction of new mosques, 
synagogues, and Russian Orthodox churches.
    The administrative code allows national and local authorities to 
suspend activities or fine the leaders of unregistered religious 
organizations, although both legal experts and government officials had 
varying interpretations as to whether it supercedes the National 
Religion Law on the obligation of religious groups to register. In 
practice, some lower courts used the administrative code to sanction 
religious groups, but cases were generally overturned or dismissed.
    Local officials, particularly in remote locations, often insisted 
that religious organizations register at the local level, despite the 
fact that registration at the national or the oblast level legally was 
sufficient to obtain the rights that registration offers.
    Members of the Council of Churches of Evangelical Christians and 
Baptists reported that they were harassed by law enforcement for not 
being registered. Although the Council of Churches was reported to act 
as a legal entity, it has a policy of not seeking or accepting 
registration in former Soviet countries. During the year, as in the 
previous year, the Government dropped criminal cases and did not 
fulfill court orders that would have compelled congregations affiliated 
with the Council of Churches of Evangelical Christians and Baptists to 
register. In Nikolayevka, Almaty Oblast, Aleksandr Kalmakov was fined 
for his group's failure to register; he reported that court bailiffs 
harassed him to pay the fine early in the year, but still refused to 
pay the fine at year's end.
    In July, Vilgelm Dik, a member of the Council of Churches of 
Evangelical Christians and Baptists, was found guilty of violating the 
Administrative Code by not registering, and was fined. On February 12, 
the city court of Karatau in Zhambyl Oblast tried Asan Abylkhanov, also 
a member of the Council of Churches, and fined him $49.48 (6,433 KZT) 
for conducting a religious service without registration. Neither Dik 
nor Abylkhanov had appealed or paid the fine by year's end; their 
respective congregations maintained their refusal to register.
    In an October 6 report, the national Jehovah's Witnesses Religious 
Center stated that its members were generally able to freely practice 
their religion without interference; however, the Center reported 
isolated problems. Although local Jehovah's Witnesses groups are 
formally registered at the national level and in 12 oblasts, the Center 
has attempted unsuccessfully to register in a northern Kazakhstan 
Oblast since 1997 and in Atyrau Oblast since 2001. In 2003, the MOJ 
ordered its Northern Kazakhstan Oblast branch to register the group; 
however, it had not done so by year's end.
    Although the Hare Krishna movement was registered at the national 
level, followers faced continued local government and police harassment 
during the year. On August 27, the Hare Krishna community in Almaty 
Oblast held an annual convention with foreign guests. The community 
filed a formal request to hold the gathering with oblast authorities 2 
weeks before the event began, but received no response. The Hare 
Krishna community reported that seven foreign invitees were briefly 
detained and released with a warning for violation of the immigration 
law. However, unlike in previous years, no Hare Krishna followers were 
deported. During this weeklong gathering, law enforcement 
representatives visited the convention on a daily basis, conducting 
health, sanitation, and other inspections of the premises to ensure 
compliance with the law.
    Law enforcement authorities conducted inspections of religious 
groups throughout the country, claiming the right to do so as a means 
of preventing the development of religious extremism and ensuring that 
religious groups pay taxes. Where religious groups operated as legal 
entities, such as running collective farms and restaurants or operating 
orphanages, authorities conducted health, sanitation, and other 
inspections relevant to the nature of the entity's operations. These 
inspections also provided the authorities with information about the 
registration status of the groups, even when the inspection appeared 
reasonable given the nature of the group's operations.
    According to Hare Krishna leaders, the authorities made frequent 
inspections of the Krishnas' settlement outside Almaty. In September, 
the Hare Krishna farm was the subject of 11 inspections by different 
government agencies including the police, fire protection service, 
sanitary agency, environment protection agency and land committee, and 
subsequently fined for different violations of the law. The Hare 
Krishnas admitted several violations, which they attempted to rectify, 
but reported that they had been subjected to closer scrutiny than their 
neighbors, who were generally not subject to inspections. 
Notwithstanding these inspections, Hare Krishna leaders reported that 
in general, conditions for their community improved during the year.
    The Council of Churches of Evangelic Christians and Baptists 
reported that a church service in Arkalyk was disrupted on April 18 by 
local police, who videotaped the service without the congregants' 
permission. No other disruptions of religious services were reported 
during the year.
    The national Jehovah's Witnesses Religious Center alleged 
continuing incidents of harassment by a number of local governments. It 
claimed that city officials sometimes blocked the group from renting 
stadiums or other large public or private sites for religious meetings.
    The law does not prohibit foreign missionary activity. Although the 
law is unclear on whether missionaries were required to register, there 
were no reports of officials requiring missionaries to register during 
the year.
    On October 1, the media reported a conflict between missionaries 
from Missionary Center Grace Rakhim and local Muslims in a village in 
Akmola Oblast. The missionaries, who identifed themselves as 
Presbyterian Christians, were threatened, beaten, and exiled from the 
village when they preached to local inhabitants in an attempt to 
convert them.
    There were no reports of incidents of anti-Semitism by the 
Government. In August, the Chief Rabbi of Kazakhstan addressed an 
international religious conference in Brussels, stating that in his 10 
years living in Kazakhstan, he had never faced a single case of anti-
Semitism, and he praised the Government for its pro-active protection 
of the Jewish community. Other than the actions of members of political 
organization Hizb ut-Tahrir, who printed and distributed leaflets that 
supported anti-Semitism among other beliefs, there were no reports of 
anti-Semitic incitement or acts 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; however, in practice, citizens were required to register to 
prove legal residence and obtain city services.
    Citizens and foreigners in the country for more than 5 days were 
required to register with the migration police. Registration in most of 
the country generally was routine, but it was often difficult to 
register in Almaty and Astana due to local officials' fears of 
overcrowding. Persons who were suspects in criminal investigations were 
often required to sign statements that they would not leave their place 
of residence. Many individuals were detained for identity checks 
without suspicion of a criminal offense (see Section 1.d.).
    Although the Government did not require exit visas for temporary 
travel of citizens, there remained certain instances in which exit from 
the country could be denied, including for travelers subject to pending 
criminal or civil legal proceedings, unserved prison sentences, or 
compulsory military duty. Travelers who presented false documentation 
during the exit process could be denied, and travel by active-duty 
military was controlled. The Law on National Security requires that 
persons who had access to state secrets obtain permission from their 
employing government agency for temporary exit from the country.
    The Constitution prohibits forced exile, and the Government did not 
employ it.
    The Constitution provides for the right to emigrate and the right 
to repatriate, and the Government generally respected these rights in 
practice; however, the Law on National Security prohibits persons who 
had access to state secrets from taking up permanent residence abroad 
for 5 years after leaving government service. A permanent exit visa was 
required for emigrants and obtaining this visa required criminal 
checks, credit checks, and letters from any dependents concurring to 
the exit visa. Many individuals reported that without travel agency 
assistance, obtaining permanent exit visas could take several months.
    Foreigners were required to have exit visas, which they received 
routinely with entry visas. Foreign visitors were required to register, 
either with airport immigration officials or local migration police. 
Immigration authorities occasionally fined foreigners without proof of 
registration before allowing them to leave the country.
    Foreigners were required to obtain prior permission to travel to 
some border areas with China and cities in close proximity to military 
installations. The Government continued to declare certain areas closed 
to foreigners due to their proximity to military bases and the space 
launch center; however, foreigners could visit these areas with prior 
permission from the MVD.
    The Government accorded special treatment to ethnic Kazakhs and 
their families who fled during Stalin's era and wished to return. These 
returnees were in principle entitled to citizenship and many other 
privileges. Other persons, including ethnic Kazakhs who were not 
considered refugees from the Stalin era, such as the descendants of 
Kazakhs who moved to Mongolia during the 19th century, had to apply for 
permission to return. It was government policy to encourage and assist 
all ethnic Kazakhs living outside the country to return. The Chair of 
the Agency for Migration and Demography reported that between 1991 and 
April 1, approximately 322,500 ethnic Kazakhs, including returnees, 
immigrated to the country, mostly from other former Soviet republics, 
Iran, Afghanistan, Mongolia, Turkey, China, and Saudi Arabia. The 
Government maintained a quota for returnee families that increased 
annually; during the year it was 10,000. The Government struggled to 
find resources for integration programs for those who arrived outside 
the quota. The Government helped provide families with housing, 
stipends, and other benefits and international organizations and local 
NGOs assisted in these efforts.
    There were reports that the Government did not always extend 
benefits to returnee family members who were not of ethnic Kazakh 
origin. An international NGO reported that unskilled returnees who 
returned faced difficulty in finding work and housing.
    Returnees were automatically eligible for citizenship; however, the 
prohibition on dual citizenship prevented many of them from receiving 
it immediately. Applications for citizenship generally took 6 months to 
process. According to Migration Police statistics, 48,731 out of 
approximately 73,000 ethnic Kazakh returnees, whose families had fled 
during the Stalin era, and who had returned since independence, had 
received citizenship by August.
    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. The absence of legislation 
to fully implement the Convention left many aspects of refugee status 
unclear, such as whether refugees had a right to work. In practice, the 
Government provided some protection against refoulement, the return of 
persons to a country where they feared persecution. The Government 
granted refugee status, but not asylum.
    The Government registered asylum seekers and determined their 
status, in consultation with the U.N. High Commissioner for Refugees 
(UNHCR). Only the President can grant political asylum, and he did not 
do so during the year. In some cases, asylum seekers and refugees were 
allowed to stay in the country while the UNHCR found third countries 
that would accept them. Nonpolitical asylum claims could theoretically 
be processed anywhere in the country; however, in practice, claims 
continued to be processed only in Almaty.
    The Agency for Migration integrated the UNHCR and a local NGO, 
Kazakhstan Refugee Legal Support, into the process of reviewing refugee 
claims. By November, the UNHCR estimated that there were fewer than 
16,500 refugees in the country, including 13,700 Chechens from Russia 
and 2,500 from Afghanistan. The remainder included Palestinians and 
Uighurs from China, among others.
    The Government cooperated with the UNHCR and other humanitarian 
organizations in assisting refugees and asylum seekers. The Government 
allowed the UNHCR access to detained foreigners to determine if they 
qualified for refugee status and in practice was generally tolerant in 
its treatment of local refugee populations, except for citizens from 
former Soviet republics. Migrants from former Soviet republics were not 
considered to be refugees because they could ostensibly travel and 
settle freely within the Commonwealth of Independent States (CIS). The 
Government often did not allow refugees without passports or those who 
had entered the country illegally to register; in practice, it 
restricted registration almost exclusively to refugees from 
Afghanistan.
    The Government struggled to deal with the increases in immigration, 
and periodically engaged in heavy-handed campaigns to round up 
noncitizens who violated migration procedures. According to a U.N. 
reporting agency, the Government deported large numbers of migrants 
each month.
    The Government also provided temporary protection to individuals, 
including some Afghan refugees who may not qualify as refugees under 
the 1951 Convention/1967 Protocol. Consistent with the Minsk Convention 
on Migration within the CIS, the Government did not recognize Chechens 
as refugees; however, the Government, in cooperation with the UNHCR and 
Chechen organizations, did grant indefinite but temporary legal 
resident status to Chechens until they could return home to safe 
conditions. In March 2003, the Government established a new temporary 
registration procedure for Chechens; however, reports persisted that 
Chechens did not have the same access to registration as others, and 
often resorted to paying bribes to local officials to obtain 
registration.
    The Government had an agreement with China not to tolerate the 
presence of ethnic separatists from one country on the territory of the 
other. Human rights monitors remained concerned with the impact of this 
agreement on Uighurs from China in the country, although there were no 
reports of Uighurs forcibly returned to China during the year. The 
Government did not consider any asylum claims by Uighurs; however, it 
allowed the UNHCR to resettle some Uighur refugees to other countries 
during the year. In contrast to previous years, there were no reports 
of Uighur disappearances or questionable repatriations during the year.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The Constitution provides for a democratic government with 
universal suffrage for those over 18 years of age; however, in 
practice, the Government severely limited the right of citizens to 
change their government.
    The Constitution concentrates power in the presidency, granting the 
President considerable control over the legislature, judiciary, and 
local government. The President appoints and dismisses the Prime 
Minister and Cabinet. Appointment of the Prime Minister, but not of 
cabinet members, is subject to parliamentary consent. Presidential 
appointments of the Procurator General and the KNB Chief require the 
consent of the Senate. The President has the power to dismiss 
Parliament and to appoint judges and senior court officials. The 
President also nominates, subject parliamentary approval, the chairman 
and members of the Central Election Commission (CEC), who oversee 
presidential and parliamentary elections. The Parliament has never 
failed to confirm a presidential nomination. Modifying or amending the 
Constitution effectively requires the President's consent. President 
Nazarbayev was elected to a 7-year term in a 1999 election that was 
held nearly 2 years earlier than scheduled and fell far short of 
international standards.
    The bicameral Parliament consists of the Mazhilis, the lower house, 
and the Senate, the upper house. Seats in the Mazhilis are filled by 
direct election, while seats in the Senate are chosen by oblast 
(regional) councils called Maslikhats. Maslikhat members are directly 
elected by constituents.
    President Nazarbayev signed a new election law on April 15. 
According to an assessment by the OSCE's Office for Democratic 
Institutions and Human Rights (ODIHR), the amendments to the law 
represented considerable progress in terms of transparency, formation 
of more pluralistic election commissions, and creation of more equal 
conditions for candidates; however, the OSCE assessment called for 
further improvements to fully meet the country's international 
commitments for democratic elections, especially with regard to 
remaining limitations on civil and political rights. Areas for 
improvement included continuing limitations on candidates to campaign, 
limitations on rights of observers, vague provisions for invalidating 
election results, and lack of sufficient guarantees for inclusive 
representation on election commissions.
    On September 19, elections were held for all seats in the Mazhilis, 
followed by runoff elections on October 3. In its assessment, the OSCE/
ODIHR elections observer mission determined that although elections 
reflected improvements over previous parliamentary elections, the 
process fell short of international standards and a number of aspects 
of the new election law were not implemented in an effective and 
impartial manner. Some domestic monitors found the election violations 
to be worse than previous parliamentary elections, citing violations of 
electoral legislation and abuse of voter lists, multiple voting, vote 
count problems, and interference of local authorities. However, other 
domestic groups found that irregularities did not appear to alter 
election results.
    The OSCE noted the following areas of concern: Deregistraton of 
candidates due to apparently politically motivated criminal convictions 
or administrative reporting violations; unequal access to election 
commissions for opposition party representatives and nontransparent 
behavior of commissions; media bias in favor of propresidential 
parties; ineffectiveness and lack of transparency in the appeals 
process; problems with counting and tabulation, including reports of 
protocols being altered or rewritten, and failure to publish final 
results broken down by polling station; improper pressure on voters; 
and haphazard introduction of electronic voting, which led to 
discrepancies in voter lists in parallel paper voting. The Constitution 
requires that results be published within 10 days; however, the CEC did 
not publish the results of the elections until October 31. Independent 
monitors stated that the final published results varied substantially 
from exit poll data and from preliminary CEC reports. Several 
opposition groups filed suits seeking vote recounts and claiming 
violations in television coverage; the suits remained pending at the 
end of the year.
    There were some improvements in the conduct of the September 
Mazhilis elections, including improved voter education efforts and 
information campaigns and the extension of legal rights for domestic 
elections observers; however, these rights were not always observed in 
practice.
    Although the law stipulates that the media must provide equal 
coverage of all parties, international and local elections observers 
and opposition parties cited strong media bias in favor of pro-
administration parties, in terms of editorial content and access to 
advertising. Observers reported that this bias was most evident in the 
high percentage of television news coverage given to the President's 
Otan party and his daughter Dariga's pro-presidential Asar party by the 
largest television networks, in each of which the Nazarbayev family 
owns either significant or controlling shares. The opposition also 
criticized the disproportionate number of paid political announcements 
for Otan and Asar on state-owned stations.
    The OSCE noted that, unlike in previous elections, no media outlets 
were shut down in the period prior to the elections, nor were 
journalists prosecuted; however, a local media advocacy group, the 
International Foundation for Protection of Freedom of Speech (Adil 
Soz), documented 39 separate incidents of journalists being denied 
access to information about the elections or being prohibited from 
covering voting or vote-counting, rights which are provided for by law.
    During the year, 12 political parties were registered, including 3 
denied registration in previous years (Democratic Choice of Kazakhstan 
(DCK), the Communist People's Party of Kazakhstan (CPPK), and 
Rukhaniyat). In addition, two blocs were registered: The Agrarian and 
Civic parties formed the Agricultural-Industrial bloc, or AIST; the 
Communist Party and DCK formed an opposition bloc. International 
observers reported that the role of political party participation 
increased in the lead up to the September 19 Parliament elections.
    Joining a political party requires members to provide personal 
information, including date and place of birth, address, and place of 
employment. For many citizens, this requirement inhibited them from 
joining political parties. There were credible allegations that persons 
entering government service were required to join the propresidential 
Otan party. Prior to the September 19 Mazhilis elections, students and 
faculty at several educational institutions reported pressure from 
rectors or management to join the propresidential Asar party. There 
were credible reports that employers attempted to use their 
professional positions to force employees to join or vote for 
particular propresidential political parties. In one case, there were 
reports that a government official and leader in a propresidential 
party pressured a group of citizens who received benefits from the 
official's agency to vote for that official's party.
    The Government restricted the functioning of the political 
opposition. On July 27, Bulat Abilov, one of five cochairmen of 
opposition party Ak Zhol, was convicted on criminal libel charges and 
received a suspended 1-year sentence, along with 2-years' probation, 
legally barring him from running in the September Mazhilis elections. 
On August 27, in a separate civil suit, Abilov was fined $38,462 (5 
million KZT) for causing ``moral damage'' to the plaintiff, M.P. 
Mukhtar Tinikeyev. Abilov had accused Tinikeyev in a television 
interview of both taking and offering bribes related to his selection 
to the Parliament.
    On December 28, the Almaty Procurator began proceedings to 
liquidate DCK on charges that the party's December 11 statement, 
denying the legitimacy of the Government and calling for civil 
disobedience, undermined the security of the state and fanned social 
hatred.
    Parliament exercised little oversight over the executive branch, 
although it has the constitutional authority to remove government 
ministers and to hold a no-confidence vote in the Government. Although 
Parliament must approve the state budget, the Constitution precludes 
Parliament from increasing state spending or decreasing state revenues 
without executive branch approval.
    The executive branch exercises considerable power over the 
legislative branch. The President selected the date of the September 19 
Mazhilis elections, pursuant to constitutional requirements that the 
election take place not later than 2 months prior to the end of the 5-
year term of the incumbent Parliament. On November 3, the President 
dissolved the outgoing Mazhilis, 1 month earlier than had been 
announced prior to the September 19 elections. Nearly all laws passed 
by Parliament originated in the executive branch. The executive branch 
controls the budget for Parliament's operations; it has not provided 
funds for members of Parliament to hire staff, a situation generally 
viewed as decreasing Parliament's effectiveness.
    If Parliament fails to consider within 30 days a bill designated 
urgent by the President, the President can issue the bill by decree. 
Although in practice the President has never resorted to this 
authority, it gives him additional leverage with Parliament. While the 
President has broad powers to dissolve Parliament, Parliament can 
remove the President only for disability or high treason, and only with 
the consent of the Constitutional Council, of which the President 
appoints three of seven members.
    Although Parliament continued to become more open by publishing 
some draft laws, some parliamentary debates, and in some instances, its 
voting record, many parliamentary activities remained outside public 
view. In October, the Mazhilis passed a draft of a controversial Law on 
Extremism; the Senate returned the draft to the Mazhilis for revision, 
where it remained at year's end. All parliamentary discussion and 
debate of the draft law was closed. At year's end, specific provisions 
of the draft law were not publicized.
    Corruption was a serious problem, although the Government took 
measures to address it. Corruption was perceived to be an increasing 
problem, especially prevalent among various law enforcement agencies.
    According to government statements, police corruption was pervasive 
(see Section 1.d.). On April 18, employees of the Western Kazakhstan 
Oblast branch of the KNB were assaulted by three policemen in the 
course of an anticorruption investigation. According to media reports, 
the KNB employees were intending to arrest Yuri Horeshko, the chief of 
the Burlinsk District Department of Internal Affairs (MVD), in the act 
of taking a bribe. On November 22, three Burlinsk MVD officers were 
sentenced to 2 years in prison.
    President Nazarbayev announced on May 14 that he supported 
toughening penalties for judicial corruption. On June 25, the MVD 
announced the creation of regional commissions to investigate 
allegations of police corruption that had been reported through 
national hotlines. The Minister reported that between June 2003-04, 
300,000 public complaints had been received through the hotlines (see 
Section 1.c.).
    In August, the President established a special commission to 
investigate complaints against law enforcement agencies. 
Representatives from the MVD, the State Security Service, the 
Procurator General, and Parliament served on the special commission 
(see Sections 1.c. and 3). In October, the special commission announced 
that it had investigated 34 complaints and punished officials in 12 of 
the cases. The other 22 complaints were determined to be unfounded. 
While many details of the cases remained unavailable, some of the 
complaints were reportedly related to court rulings.
    The Constitution provides that the Government, public associations, 
officials, and media outlets should provide citizens with information 
that affects their rights and interests; however, in practice, 
citizens' requests for information, such as the text of draft laws 
before Parliament, were not fulfilled in a timely manner.
    There were 3 women in the 39-seat Senate and 7 women in the 77-
member Mazhilis. There were four women in the cabinet, one of whom 
served as deputy prime minister. There were no legal restrictions on 
the participation of women and minorities in politics; however, 
traditional attitudes hindered women from holding high office or 
playing active parts in political life (see Section 5).
    There were 8 non-Kazakhs in the 39-seat Senate and ethnic 
minorities were represented in the 77-member Mazhilis. There was one 
non-Kazakh cabinet member and one non-Kazakh deputy prime minister.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    A number of domestic and international human rights groups 
generally operated without government restriction, investigating and 
publishing their findings on human rights cases; however, international 
human rights groups reported that the Government continued to control 
the work of NGOs that worked on sensitive issues, and noted harassment 
including police visits, arbitrary tax investigations, and surveillance 
of NGOs. NGOs engaged in democratization and civil society development 
reported harassment increased preceding the September 19 parliamentary 
elections and at year's end.
    The Kazakhstan International Bureau for Human Rights and Rule of 
Law (KIBHR) and the Almaty Helsinki Commission were the most active of 
a small number of local human rights NGOs.
    The Government did not prevent international NGOs and multilateral 
institutions dealing with human rights to visit the country and meet 
with local human rights groups as well as government officials. 
However, at times, the Government used tax and other administrative 
investigations to question international NGOs operating in the country 
on their activities; NGOs perceived these actions as an attempt to 
restrict their activities in the country. In May, the U.N. posted an 
international human rights expert in Almaty as a regional adviser to 
provide advice and training to government officials. In June, the U.N. 
Special Rapporteur on Independence of Judges and Lawyers visited the 
country. The Special Rapporteur will present his findings and 
recommendations to the Commission on Human Rights in April 2005.
    The Presidential Commission on Human Rights is a 15-member 
consultative and advisory body that includes members from the public. 
The Commission coordinates government responses to human rights 
concerns rather than investigating individual complaints from citizens, 
which is handled by the Human Rights Ombudsman. The Commission also 
monitors fulfillment of international human rights conventions. On 
March 15, the Commission announced that most of the human rights 
violations reported were related to labor rights. The Commission 
reported that in 2003 approximately 700 workplace complaints were filed 
(see Section 6).
    The Human Rights Ombudsman investigates complaints by citizens of 
violations of their rights by state agencies, although the Ombudsman is 
not authorized to investigate complaints concerning the President, 
Parliament, Government, Constitutional Council, Procurator General, 
CEC, or courts. In December, the President issued a decree extending 
the powers of the Ombudsman's Office to include the authority to appeal 
to Parliament to resolve citizens' complaints, to cooperate with 
international human rights organizations and NGOs, and to participate 
in court proceedings where a violation of human rights is at issue.
    During the year the Ombudsman gave regular briefings to the press 
and reported that since the establishment of the Ombudsman's Office in 
2002, the Ombudsman received over 4,000 complaints, including 1,514 
claims in the first 11 months of the year. Many of the complaints were 
regarding court rulings over which the Ombudsman had no jurisdiction. 
The Ombudsman reported that 85 percent of the complaints from 2003 
could not be resolved, in large part because the office acts only in an 
advisory capacity. NGOs believed that the Ombudsman was influenced by 
the Government and downplayed cases. In May, a group of European 
Commission experts visited the country and recommended that the 
Ombudsman report to the Parliament rather than the President, as well 
as a greater delineation of responsibilities between the Ombudsman and 
the Presidential Commission for Human Rights.
    On November 2, the President issued a decree to set up a National 
Commission on Issues of Democratization and Civil Society, which would 
report directly to the President. The Secretary of the Security 
Council, Bulat Utemuratov was selected to be Chairman. Leaders of all 
registered political parties were also asked to join the Commission; 
however, opposition party leaders declined to join. Some NGOs and 
political parties questioned the need for this Commission and proposed 
instead that existing mechanisms, such as the Ombudsman's Office, be 
strengthened and given more independence from the Government. The 
Commission had its first monthly meeting in December, and formed 
committees to address issues of modernization, program execution, 
decentralization, judicial reforms, civil society development, and 
increased empowerment of Parliament.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The Constitution states that no one may be subjected to 
discrimination for reasons of origin, social position, occupation, 
property status, sex, race, nationality, language, convictions, place 
of residence, or any other circumstances; however, the Government did 
not enforce this provision effectively. The Government favored ethnic 
Kazakhs in government employment and, according to many citizens, in 
the process of privatizing state enterprises.

    Women.--Violence against women, including domestic violence, was a 
problem. There is no specific domestic violence law; however, it can be 
addressed under assault and battery provisions of the Criminal Code. 
The maximum sentence for spousal assault and battery is 10 years in 
prison, the same as for any beating.
    In September, Aitkul Samakova, Chairwoman of the National 
Commission on Women and Family Affairs and Minister of Environmental 
Protection, reported that in 2003, over 25,000 crimes against women 
were officially reported to law enforcement and that the actual number 
of crimes was higher. In 2003 in the capital, Astana, on average 6 
women appealed to police each day as a result of violence. In June 
2003, the National Commission on Women and Family reported that 64 
percent of women have been victims of violent crime. A 2002 MVD survey 
found that 52 percent of women had reported some form of domestic 
abuse, with the highest incidence in rural areas, and only 30 percent 
of domestic violence cases were prosecuted. Police often were reluctant 
to intervene in domestic disputes, considering them to be the family's 
business, unless they believed that the abuse was life threatening. The 
MVD stated in November 2003 that spousal rape incidents, in particular, 
increased each year for the past several years. Police indicated that 
victims of domestic violence often asked only for officers to talk with 
their spouses. When victims did decide to press charges for domestic 
violence or spousal rape, police sometimes tried to persuade them not 
to pursue a case. When domestic violence cases did come to trial, the 
charge was most often for light beating, for which domestic abusers 
were sentenced to incarceration at a minimum security labor colony and 
a minimum of 120 to 180 hours of work. Sentences for more serious cases 
of battery, including spousal battery, ranged from 3 months' to 3 
years' imprisonment; the maximum sentence for aggravated battery was 10 
years' imprisonment.
    The Government reported that in 2002 police had registered 2,710 
domestic violence crimes, of which 2,307 were referred to courts. In 
2002, 1,000 persons (including 152 women) were convicted for domestic 
violence crimes.
    The punishment for rape, including spousal rape, ranges from 3 to 
15 years' imprisonment. The Government reported that it opened 1,870 
criminal rape cases in 2003, in which 1,490 convictions were obtained. 
The MVD stated in 2003 that spousal rape incidents increased each year 
for the past several years. Under the Criminal Procedure Code, 
procurators cannot initiate a rape case, absent aggravating 
circumstances such as gang rape, unless the victim files a complaint; 
however, once a complaint is filed, the criminal investigation cannot 
be dismissed if the rape victim recants or refuses to cooperate further 
with the investigation. This provision is intended to protect victims 
from coercion. In 2003, there were unconfirmed reports that procurators 
sometimes interpreted this provision to require rape victims to pay for 
forensic testing, pay the expenses of prosecution, and prosecute rape 
cases personally.
    Prostitution is not prohibited by law; however, forced prostitution 
or prostitution connected to organized crime is illegal and acts 
facilitating prostitution, such as operating a brothel or prostitution 
ring, are illegal. Prostitution was a serious problem.
    Trafficking in women remained a problem (see Section 5, 
Trafficking).
    Sexual harassment remained a problem; however, the Government took 
to steps no address it. The law prohibits only some forms of sexual 
harassment, and legal and gender-issue experts regarded the legislation 
as inadequate to address the problem. There were reports of incidents 
of harassment, but in no instance was the victim protected under the 
law nor were cases prosecuted.
    The law prohibits discrimination against women, but traditional 
cultural practices limited their role in society and in owning and 
managing businesses or property. Women were underrepresented severely 
in senior positions in state enterprises and overrepresented in low-
paying and some menial jobs. In 2003, the head of the National 
Commission on Women and Family noted that women's salaries were, on 
average, 62 percent that of men's. Women had unrestricted access to 
higher education.

    Children.--The Government was committed to children's rights; 
however, budget limitations and other priorities severely limited the 
Government's effectiveness in dealing with child welfare.
    Education is mandatory through age 16, or the 9th grade. Primary 
and secondary education was both free and universal. The law provides 
for equal access to education by both boys and girls.
    The law provides for access to public education for refugee or 
illegal migrant children; however, in practice, many of these children 
are denied access to schools or their parents do not attempt to enroll 
them out of fear of discovery and deportation.
    The law provides for medical care to be provided to indigent 
children, irrespective of gender, and care was provided in practice.
    There were reports of child abuse, although there was no societal 
pattern of such abuse.
    Trafficking in girls was a problem. (see Section 5, Trafficking).
    There was one local NGO that worked with juveniles released from 
prisons.

    Trafficking in Persons.--The law prohibits trafficking in persons; 
however, trafficking in persons remained a problem. There was no 
evidence of a pattern of official complicity in trafficking, although 
corruption amongst law enforcement officials was widespread.
    Although no one provision of the law specifically prohibits 
trafficking in persons, several articles of the Criminal Code cover 
several forms of human trafficking. In July 2003, the law that 
criminalizes the recruitment of any person for sexual or other 
exploitation was expanded to include all forms of trafficking. 
Trafficking for exploitation is punishable by a maximum 2-year prison 
term; if a minor is involved, the maximum penalty increases to 5 years' 
imprisonment, and if the exploited person is transferred abroad, the 
maximum penalty is 8 years' imprisonment. The purchase or sale of a 
minor is a crime, punishable by up to 10 years in prison.
    Prosecutions were rare, despite the fact that the Law Enforcement 
Coordination Council (under the leadership of the Procurator General) 
issued detailed guidelines in August 2003 to law enforcement and 
procurators nationwide on how to investigate crimes under particular 
sections of the Criminal Code. Despite an increase in investigations, 
convictions were rare due to inadequacies in criminal statutes; to 
prove a case of trafficking for sexual exploitation, the procurator had 
to show that the victim was unaware that she would be working as a 
prostitute.
    The Ministry of Justice reported that 25 cases of trafficking in 
persons were investigated during the year. Of these cases, the MVD 
confirmed that they had undertaken 12 investigations under the 
trafficking for exploitation law during the year, compared to 6 cases 
in 2003. At year's end, three cases had resulted in criminal 
convictions, three were dismissed or suspended, one case was being 
tried, and five investigations remained ongoing. Under the article of 
the Criminal Code that relates to trafficking of citizens from other 
CIS countries, 13 investigations were launched, resulting in 9 trials 
and 6 traffickers convicted. Several arrests were made in connection 
with these investigations, many of which were reported in the press.
    Procurators used articles of the Criminal Code such as those 
concerning illegal prostitution and kidnapping to charge suspects whose 
activities may have included trafficking. Several victims of 
trafficking lost a civil suit against a travel agency, which recruited 
them into trafficking, for breach of contract during 2003; however, the 
civil trial led to the arrest for trafficking for exploitation of the 
woman who ran the travel agency, and criminal charges were filed 
against her.
    The Minister of Justice coordinated all of the Government's 
antitrafficking activities. During the year, an antitrafficking 
Commission led by the Minister that included the Internal Affairs 
Minister, the KNB Chairman, the Procurator General, the Foreign 
Minister, Education Minister, and the Presidential Commission on Women 
and Family developed a comprehensive National Plan to combat 
trafficking. Also during the year, an interagency working group 
drafted, in consultation with NGOs and international organizations, a 
set of amendments to the Criminal and Administrative codes to 
specifically address legislative gaps in the fight against trafficking 
in persons. At the end of the year, executive agencies had approved the 
amendments, which were scheduled for a May 2005 parliamentary vote.
    The Government sought cooperation with authorities in both 
destination countries where its citizens were trafficked and in source 
countries of victims brought into the country. In 2003, the Ministry of 
Foreign Affairs issued instructions to its Embassies abroad to assist 
victims of trafficking. During the year, pursuant to the country's 
National Plan to Combat Trafficking in Persons, consular officers at 
the country's embassies abroad were given further directions on 
providing nonmonetary assistance in repatriation of trafficking 
victims. During the first 6 months of the year, the country's embassies 
helped 16 victims return to the country. There were no cases in which 
the Government was asked to extradite a person charged with trafficking 
in another country.
    The country was a source, transit, and destination country for 
victims of trafficking. Internal trafficking was also a problem. No 
reliable statistics were available on the number of victims each year, 
but NGOs estimated there were several thousand. Many NGOs reported an 
increase in victims over the past year, which may be attributed to more 
awareness of the problem. Through its antitrafficking program, the 
International Organization of Migration (IOM) registered 173 victims of 
trafficking, 86 of whom were trafficked abroad, 40 to the country, and 
38 who were transiting the country. The IOM estimated an average of 
5,000 citizens were trafficked per year. Individuals were trafficked to 
the United Arab Emirates, South Korea, Turkey, Greece, Cyprus, Western 
Europe, Israel, Russia, and Syria. They were trafficked from the Kyrgyz 
Republic, Uzbekistan, and Tajikistan.
    Traffickers primarily targeted young women in their teens and 20s. 
According to NGOs, most women were recruited with promises of good jobs 
or marriage abroad. Travel, employment, and marriage agencies often 
recruited victims through advertisements promising lucrative jobs 
abroad. Offers to participate in international beauty contests also 
were used. Previously trafficked women reportedly recruited new victims 
personally.
    There was also evidence that young and middle-aged men were 
trafficked from the country, either for sexual exploitation or for 
labor. On September 26, Astana TV reported on a group of 100 Uzbek 
workers trafficked in early spring to work at a farm near Astana. 
According to one of the victims, the workers were trafficked by an 
organized criminal channel operating in Astana. The employers and their 
trafficker accomplices usually held the trafficked workers' passports 
during their stay in the country.
    Many trafficking victims appeared to be aware or at least to 
suspect that they were going to work as prostitutes, but not that they 
would be working in slavery-like conditions. Most trafficked persons 
traveled to their destinations on forged passports obtained abroad, 
most often from Russia or the Kyrgyz Republic.
    There was no evidence of a pattern of official complicity with 
trafficking, although corruption of law enforcement officials was 
widespread. In some instances, airport border guards may have taken 
bribes to facilitate travel of trafficked women. In Taraz, an employee 
of the local procurator's office was convicted of trafficking for 
exploitation, but received a light sentence. An NGO providing 
assistance to the victim reported receiving anonymous death threats 
related to the case.
    The Government provided material assistance and physical protection 
to trafficked women who returned to the country in very limited 
circumstances; however, NGOs ran crisis support centers, under 
Memoranda of Understanding with the Government, that provided legal and 
material assistance and counseling. In some cases, the Government 
provided NGOs with reduced rate leases and other support. The 
Government enjoyed a good working relationship with NGOs in efforts to 
combat trafficking and assist victims, though financial funding is 
limited as there are no separate funds earmarked for trafficking 
victims.
    Trafficking victims from other countries were often fined and 
deported if they entered the country illegally. There are no special 
provisions in the law to treat foreign victims of trafficking 
differently than illegal migrants. However, NGOs working with foreign 
trafficking victims reported government cooperation, in terms of 
providing administrative support for repatriation.
    The IOM, in conjunction with 19 NGOs across the country, continued 
an information campaign on the dangers of trafficking and maintained 
victim hotlines. The MOJ maintained additional hotlines nationwide for 
trafficking victims to report crimes and to receive information. The 
MVD's Gender Crimes Division provided instruction to its units around 
the country on recognizing trafficking cases. MVD coordinated 
trafficking in persons training for officers around the country with 
experts from IOM.
    The Procurator General's Office enforced mandatory licensing for 
tourist agencies and conducted inspections throughout the year to 
uncover agencies involved in trafficking. Many criminal cases launched 
originated as a result of these inspections.
    The Government continued airing a series of public service 
announcements provided by international organizations. Some privately 
owned media outlets ran the series as well. During the year, the 
Government encouraged publicizing and reporting on antitrafficking 
efforts. In most regions of the country, NGOs reported that local 
officials and law enforcement were willing participants in training 
programs on trafficking and that officials have provided access to 
schools for the same purpose. The Government also supported training 
programs for judges and procurators on dealing with trafficking cases. 
During the summer, NGOs conducted training for public relations 
departments of procurators' offices, including a component on 
publicizing investigation and prosecution of traffickers..
    The Ministry of Education reported that curriculum of all high 
schools and universities added trafficking awareness segments to be 
taught within The Basic Elements of the Law courses. According to the 
Ministry of Education, most universities set up information and 
analysis centers that will deal with trafficking awareness issues, 
among other topics.
    The Ministry of Culture, Information, and Sports produced materials 
on trafficking that government-run media were required to cover in 
their reporting. The materials included details of antitrafficking 
efforts by government agencies, information on hotlines, analysis of 
risks for those offered a job abroad, and stories of families whose 
trafficked relatives never returned home. These publications also 
covered successful investigations of crimes and were designed to build 
trust with law enforcement. The Ministry of Culture, Information, and 
Sports encouraged all media outlets to carry publications on 
trafficking issues.

    Persons With Disabilities.--There was discrimination against 
persons with disabilities in employment, education, access to 
healthcare, and in the provision of other state services. The law 
mandates access to buildings for persons with disabilities; however, 
the Government did not enforce it. There were some improvements to 
facilitate access in Almaty and Astana, such as wheelchair ramps. 
Although citizens with disabilities were entitled by law to government 
assistance, assisting persons with disabilities was a low priority for 
the Government.
    Mentally ill and mentally handicapped citizens could be committed 
to state-run institutions, which were poorly managed and inadequately 
funded. Citizens with mental handicaps could be committed to 
institutions without their consent or judicial review; however, in 
practice, persons were generally committed at a young age by their 
families. The NGO KIBHR observed that the Government provided almost no 
care for persons with mental disabilities due to a lack of funds.

    National/Racial/Ethnic Minorities.--According to the Government, 
the population consisted of approximately 54 percent Kazakhs and 40.4 
percent ethnic Slavs (Russians, Ukrainians, Belarusians, and others), 
with many other ethnic groups, including Uzbeks, Germans, Tatars, 
Uighurs, Koreans, Azeris, Turks, and others represented. The Government 
continued to discriminate in favor of ethnic Kazakhs in senior 
government employment (see Section 3).
    According to the Constitution, the Kazakh language is the official 
state language, although it also states Russian may be used officially 
on an equal basis with Kazakh in organizations and bodies of local 
self-administration. Most ethnic Russians believed that Russian should 
be designated as a second state language. The Language Law was intended 
to strengthen the use of Kazakh without infringing on the rights of 
citizens to use other languages; however, the Government had 
insufficient funding available to make Kazakh-language education 
universal. The Government encouraged education of children in the 
Kazakh language but did little to provide Kazakh-language education for 
adults.

    Other Societal Abuses And Discrimination.--Although there were no 
press reports or official statistics on sexual orientation 
discrimination, there were some unconfirmed reports of discrimination 
based upon sexual orientation. Human rights observers reported 
incidents of abuse against injection drug users and sex workers, which 
they felt impeded access to HIV prevention services.
Section 6. Worker Rights
    a. The Right of Association.--The law provides for the right to 
organize and form unions freely; in practice, however, the Government 
restricted the exercise of this right, with the result that most 
workers were not able to join or form trade unions of their choice. The 
Government exercised considerable influence over organized labor and 
favored state-affiliated unions over independent unions.
    The largest trade union association, the Federation of Trade Unions 
(FTU), contained the vestiges of formerly state-sponsored trade unions 
established during the Soviet period, and remains affiliated with the 
state in practice. Two other trade union associations, the 
Confederation of Free Trade Unions of Kazakhstan (CFTUK) and the Trade 
Union Center of Kazakhstan, also represented significant portions of 
unionized workers. At least one third of the workforce is unionized.
    To obtain legal status, a trade union had to apply for registration 
with the MOJ. The registration procedure followed largely that of other 
membership organizations (see Section 2.b.); branches of unions were 
each required to register at MOJ branches in each region in which they 
were active. The MOJ did not deny registration to any union during the 
year. Courts can cancel a union's registration; however, there were no 
such cases during the year. Unions must have a minimum of 10 members.
    The Constitution prohibits the operation of foreign trade unions 
and prohibits the financing of trade unions by foreign legal entities 
and citizens, foreign states, and international organizations.
    Under the Constitution, workers are protected against antiunion 
discrimination; however, in practice, there were violations of this 
right. Members of some trade unions have been dismissed, transferred to 
lower paying or lower status jobs, threatened, and intimidated. Trade 
union leaders have reported that some workers who were ostensibly fired 
for other reasons were actually fired in retaliation for union 
activity; however, there were no court cases filed on this basis during 
the year.

    b. The Right to Organize and Bargain Collectively.--The law permits 
collective bargaining and collective agreements; and trade unions and 
associations engaged in collective bargaining in practice. Collective 
bargaining agreements were allowed as long as they did not reduce 
protections afforded to workers in individual contracts or under law. 
Trade union associations gave widely varying estimates of the 
percentage of member unions that had negotiated collective bargaining 
agreements.
    If a union's demands were not acceptable to management, the union 
could present those demands to a tripartite commission, composed of the 
Government, employer associations, and labor union representatives. The 
tripartite commission is responsible for developing and signing annual 
agreements governing approximately 80 aspects of labor relations. The 
Labor Law provides for an individual contract between employers and 
each employee.
    The Constitution provides for the right to strike, but exercising 
this right is subject to numerous legal limitations, such as a 
prohibition of strikes at workplaces that operate around the clock; 
there was a list of enterprises providing essential services where 
strikes were not permitted. A few unions and individual workers 
exercised the right to strike during the year, primarily to protest the 
nonpayment of wages and to recover back wages. According to the law, 
workers may strike only if a labor dispute has not been resolved 
through existing compulsory arbitration procedures. In addition, the 
law requires that employers be notified that a strike is to occur no 
less than 15 days before it commences. In December, amendments to the 
labor code removed the explicit right of employers to break a union and 
fire employees because they had participated in an illegal strike.
    There are no export processing zones.

    c. Prohibition of Forced or Compulsory Labor.--The law prohibits 
forced or compulsory labor, including by children, except at the 
sentence of the court or in the conditions of a state of emergency or 
martial law, but there were reports that such practices occurred (see 
Section 5, Trafficking).

    d. Prohibition of Child Labor and Minimum Age for Employment.--The 
minimum age for employment is 16 years; however, 15-year-olds may work 
without restriction if they have completed compulsory education, and 14 
year-olds may work with parental permission if jobs do not interfere 
with education or pose a health risk.
    Children between 14 and 16 years can only work with parental 
permission. The law stipulates harsh punishment for employers who 
exploit children under the age of 16. The Ministry of Labor is 
responsible for enforcement of child labor laws and for administrative 
offenses punishable by fines; the MVD is responsible for criminal 
offenses. Child labor was used routinely in agricultural areas, 
especially during harvest season; but abuse of child labor generally 
was not a problem.

    e. Acceptable Conditions of Work.--The national monthly minimum 
wage of $36.76 (5,000 KZT) did not provide a decent standard of living 
for a worker and family; however, it was common for working class 
families to have more than one wage earner and most workers earned 
above minimum wage in urban areas. The monthly minimum wage was 
slightly below the minimum subsistence wage of $37.70 (5,128 KZT).
    The Law stipulates the normal workweek should not exceed 40 hours. 
The Law limits heavy manual labor or hazardous work to no more than 36 
hours a week, and requires overtime to be paid at a rate of no less 
than one-and-a-half times normal wages for hours over the normal 
workweek. The Law requires that overtime not exceed 2 hours in a 
calendar day or 1 hour a day for heavy manual labor. Overtime is 
prohibited for work in hazardous conditions. The Law provides that 
labor agreements may stipulate the length of working time, vacation 
days, holidays, and paid annual leave for each worker.
    In December, the Government passed several labor code amendments 
intended to strengthen worker protections, including expanded rights 
for pregnant women, women with small children, and employees suffering 
from temporary disability.
    The Ministry of Labor enforced minimum wages, work hour 
restrictions, and limits on overtime established under the Labor Law. 
Ministry labor inspectors conducted random inspections of employers to 
enforce all laws and regulations under their purview. In spite of these 
random inspections, labor advocates reported that some employers 
regularly violated these laws.
    The Constitution provides for the right to safe and hygienic 
working conditions; however, working and safety conditions in the 
industrial sector were often substandard. Workers in factories usually 
did not have protective clothing, such as goggles and hard hats, and 
worked in conditions of poor visibility and ventilation.
    On February 27, a Law on Safety and Protection of Labor was 
enacted, which places increased legal responsibility on employers for 
injuries and deaths in the workplace. Management largely ignored 
regulations concerning occupational health and safety, which were not 
well enforced by the Ministry of Labor. In August, the Ministry 
reported a staff of over 400 inspectors. Although the frequency of 
inspections remained insufficient to provide fully for occupational 
health and safety, the number of fines, penalties, and warnings to 
employers increased. According to a news report, 315 persons were 
killed in 2003 due to unsafe working conditions, compared to 355 
persons in 2002. The mining and metallurgy industry produced the 
highest number of occupational casualties, followed by the construction 
industry.
    The Labor Law requires employers to suspend work where its 
continuation could endanger the life or health of workers and to warn 
workers about any harmful and dangerous work conditions and about the 
possibility of any occupational disease. Although the Law does not 
specifically grant the right of workers to remove themselves from 
situations that endanger their health or safety without jeopardy to 
their employment, this right is considered to be implied by general 
legal provisions on worker safety, and workers' inability to refuse to 
work under unsafe work conditions was not a problem in practice. The 
Chairman of the Constitutional Council stated at a February conference 
that there were 115,234 violations of labor legislation in 2003, 
compared with 107,000 violations of labor legislation in 2002.

                               __________

                            KYRGYZ REPUBLIC

    Although the 1993 Constitution defines the Kyrgyz Republic as a 
democratic republic, President Askar Akayev continued to dominate the 
Government. Serious irregularities marred 2003 a national 
constitutional referendum as well as presidential and parliamentary 
elections in 2000. In October, nationwide local elections were 
generally free from governmental interference and opposition candidates 
and parties were allowed to participate freely in the political 
process, although domestic monitors reported serious irregularities in 
some districts. The Constitution provides for an independent judiciary; 
however, the executive branch usually dominated the judiciary.
    Law enforcement responsibilities are divided among the Ministry of 
Internal Affairs (MVD) for general crime, the National Security Service 
(SNB) for state-level crime, and the procurator's office for both types 
of crime. Civilian authorities generally maintained control of the MVD 
and the SNB, and maintained full control of the State Border Guard 
Service (SBGS). Some members of the security forces committed serious 
human rights abuses.
    The country had a partial market-based economy based on a mixed 
balance of agricultural and industrial production and a population of 
approximately 5 million. According to official statistics, gross 
domestic product grew by 7.3 percent. Unemployed workers, pensioners, 
and government workers with low salaries or unpaid benefits continued 
to face considerable hardship. According to official estimates, 40 
percent of the population lived below the poverty level, although this 
figure continued to drop. Wages kept up with inflation.
    The Government's human rights record remained poor; although there 
were improvements in several areas, problems remained. Citizens' right 
to change their government remained limited and democratic institutions 
remained fragile. Members of the security forces at times beat or 
otherwise mistreated persons, and prison conditions remained poor. 
Impunity remained a problem, although the Government took steps to 
address it during the year. There were cases of arbitrary arrest or 
detention. Executive branch domination of the judiciary as well as 
corruption limited citizens' right to due process. The Government 
occasionally restricted freedom of speech and of the press, and 
individuals and companies close to the Government used financial means 
to control numerous media outlets. The Government used bureaucratic 
means to harass and pressure some independent media as well as 
nongovernmental organizations (NGOs). Although human rights groups were 
generally allowed to work freely, and a government Ombudsman's Office 
continued to work actively to advocate for individual rights, the 
Government continued to occasionally harass and pressure some groups. 
Violence against women and children was a problem. Child labor and 
discrimination against ethnic minorities were problems. Trafficking in 
persons was a persistent problem.
    During the year, however, the Government's human rights record 
showed improvement in some areas. Prison conditions remained poor but 
continued to improve during the year. Numerous MVD officials were 
dismissed or prosecuted for abuses or misconduct. Harassment of 
opposition groups and independent media, including honor and dignity 
lawsuits against newspapers, declined considerably, and the Government 
allowed several independent media outlets to begin operations. Although 
the Government occasionally restricted freedoms of assembly and 
association, in October, the Constitutional Court struck down 
provisions of the law on public assembly that were widely considered 
vague and too restrictive, while the number of demonstrations disrupted 
by police declined considerably. A new Electoral Code signed into law 
in January was a significant improvement over the previous code and was 
welcomed by domestic NGOs and opposition parties, although it still 
fell short of international standards. Citizens' right to choose their 
government showed some improvement through local elections held in 
October, which were widely seen as more transparent. The Government 
took steps to combat trafficking in persons, with prosecutions and 
convictions of traffickers up significantly from 2003.
                        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, on October 24, Tashkenbay Moidinov died while in police 
custody in a police station in the Bazarkorgon district of Jalalabad 
Oblast. Police authorities claimed that Moidinov died of a heart attack 
during interrogation. However, an autopsy revealed bruises on his body. 
An investigation into the case continued at year's end.
    In February, an official investigation determined that drowning 
caused the 2003 death of Ernis Nazalov, a journalist who had been 
investigating government corruption when he died under suspicious 
circumstances. Following this determination the investigation was 
closed.
    Unlike the previous year, there were no deaths due to landmines.
    The case regarding the March 2003 killing of 19 Uighur Chinese 
citizens on a bus remained under investigation and no arrests had been 
made by year's end.
    In March, two men arrested for the killing of a Chinese diplomat in 
2002 were extradited to China where they were subsequently executed.
    Unlike the previous year, Uzbekistan border patrols did not kill 
any Kyrgyz citizens.

    b. Disappearance.--On November 16, political opposition figure 
Tursunbek Akunov disappeared in Bishkek while heading for what he 
claimed was a meeting with representatives of the SNB. Two weeks later 
Akunov reappeared at a Bishkek hospital. Akunov claimed that he had 
been taken by representatives of the MVD and held in a basement for 
that period. Akunov further alleged that members of the SNB had also 
been involved in his disappearance. Both the MVD and SNB immediately 
denied any involvement in Akunov's disappearance. At year's end, an 
investigation continued into Akunov's disappearance.
    On April 8, four Kyrgyz government officials were reportedly taken 
hostage and then released by a group of Uzbekistani farmers near the 
Kyrgyz town of Aksy as part of an ongoing dispute over contested 
farmland between Kyrgyz and Uzbek farmers.
    No other cases of politically motivated or government-sponsored 
disappearance were reported during the year.
    Local human rights advocates reported that there were 13 Kyrgyz 
citizens serving sentences in Uzbek prisons who were kidnapped from 
Kyrgyzstan by the Uzbek Security Services, noting that figures reported 
in previous years were most likely inflated. Most of these individuals 
had earlier lived and studied religion in Uzbekistan.
    There were no developments in the 2003 disappearance of mullah 
Sadykjan Rahmanov, which investigators attributed to the Uzbek National 
Security Service.

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The Constitution prohibits such practices; however, police 
and SNB forces employed them. At times, police used beatings to extract 
confessions. There were some credible reports that police mistreated 
human rights activists and demonstrators while in detention. Conditions 
for pretrial detainees remained poor.
    In January, police in Bishkek reportedly tortured Valentina 
Khasanova, a murder suspect, by repeatedly holding a plastic bag over 
her head until she fainted. When Khasanova's attorney threatened to 
investigate the case, the police warned her not to open an 
investigation. Khasanova was never charged with a crime and was later 
released by the police.
    On January 30, police detained and beat six men in Jalalabad 
accused of possessing literature from the banned Islamist political 
organization, Hizb ut-Tahrir. All of the men were released after 
several hours, and one was later charged with possession and 
distribution of materials inciting ethnic or religious hatred; however, 
the charges were eventually dismissed. After the men filed an official 
complaint, one of the officers involved was charged and convicted of 
exceeding official authority and given a 1-year suspended sentence.
    On April 15, human rights advocate Aziza Abdirasulova reported that 
she had been punched in the stomach while in police detention following 
her arrest for taking part in a demonstration in Bishkek. She was 
released the same day.
    In June, an official of the opposition Ar-Namys political party, 
Darman Jorobekov, was detained for violating the public order and 
reportedly beaten by police in the city of Jalalabad. According to Ar-
Namys, Jorobekov was released from detention the same day with 
apologies from the police for mistreatment. Jorobekov filed a lawsuit 
against the police, which was pending at year's end.
    Unlike the previous year, there were no reports that police 
harassed asylum seekers or homosexuals.
    Prison conditions were very poor and included overcrowding, food 
and medicine shortages, poor health care/disease prevention facilities, 
and lack of heat and other necessities. However, conditions continued 
to improve since the transfer of authority over prisons to the Ministry 
of Justice (MOJ) in 2002. Penal Reform International reported that both 
food supplies and medical services provided to inmates improved during 
the year. Both morbidity and mortality rates also declined, 
particularly that resulting from tuberculosis (TB).
    Prisoners detained by the SNB were kept in SNB facilities; after 
conviction they were held in a regular prison. Conditions in SNB 
facilities tended to be better than MOJ facilities due to less 
crowding.
    During the year, the MOJ worked with the ICRC to implement a 
successful nationwide TB program in prisons. However, in May the MOJ 
reported that 68 percent of prison inmates suffered from serious 
diseases such as TB, hepatitis, HIV infections, and sexually 
transmitted diseases (STDs). Throughout the year the DSPI worked 
actively with the International Committee of the Red Cross (ICRC) and 
NGOs to improve conditions at prisons and jails around the country, 
including seminars for prison officials on protecting the human rights 
of inmates and projects to improve hygiene and health care in prison 
facilities. For the first time, the Department Supervising Penal 
Institutions (DSPI) medical service was able to examine nearly all 
prisoners for TB. As a result, 2,937 persons were diagnosed with 
different forms of TB. The DSPI also reported that timely diagnosis and 
better treatment reduced TB death rates by 27.1 percent during the year 
(from 231 deaths in 2003 to 148). During the year, prisoners were also 
examined for STDs, including HIV/AIDS.
    Pretrial detention facilities were extremely overcrowded, and 
conditions and mistreatment generally were worse than in regular 
prisons. However, during the year two new pretrial facilities were 
opened, one for women and one for men.
    On February 22, Ulugbek Kadirov was found dead in his cell in an 
MVD temporary detention center in the town of Kara-Suu. An autopsy 
revealed that he had been beaten to death. Although the victim's family 
alleged that jail officials had killed Kadirov, the victim's cellmate 
confessed to the killing and was awaiting trial at year's end.
    On March 19, an inmate in a pretrial detention center in Naryn died 
as a result of self-inflicted wounds. A group of inmates, including the 
victim, cut their wrists in protest during a jail riot. An 
investigation continued into the circumstances behind the riot.
    Male and female prisoners were held separately. Conditions in the 
women's prison were less overcrowded than in those for men. Juveniles 
were held separately from adults. Pretrial detainees were held 
separately from convicted prisoners.
    The Government usually permitted domestic and international human 
rights observers to visit prisons; however, access for domestic 
monitors to MVD and SNB pretrial facilities generally worsened during 
the year. The ICRC was allowed to visit detainees in MOJ and SNB 
prisons and pretrial detention centers in accordance with the ICRC's 
standard procedures and was granted access to inmates on death row. 
According to Prison Reform International (PRI), the prison system 
generally became more open to both NGOs and the media during the year.

    d. Arbitrary Arrest or Detention.--The law prohibits arbitrary 
arrest and detention; however, police at times used false charges to 
arrest persons and solicited bribes in exchange for release.
    Within the MVD there are nine regional offices, one in each of the 
seven regions and the cities of Bishkek and Osh. Under them are town 
and local police departments. Regional offices and their sub-offices 
report to both the MVD and to their respective local authorities such 
as governors and mayors.
    Impunity remained a problem; however, during the year numerous MVD 
officials were dismissed and prosecuted for various offenses, including 
corruption, abuse of authority, and police brutality. Police brutality 
was prosecuted under provisions regarding abuse of power and exceeding 
authority. According to the MVD, during the first 6 months of the year, 
50 criminal cases were opened against 64 police officers, of which 28 
were for abuse of power or exceeding authority; 4 criminal cases for 
malfeasance and fraud were initiated; and 16 police officers were 
punished for taking bribes. Disciplinary actions were taken against 
1,100 MVD employees; 150 employees were fired and 69 demoted. The MVD 
reported that during the first 6 months of the year, 304 complaints 
were filed for abuse or illegal conduct by police officials; 101 of the 
complaints resulted in disciplinary action being taken against police 
officials. Corruption, particularly the payment of bribes to avoid 
investigation or prosecution, was a major problem at all levels of the 
law enforcement organizations. The Government took significant steps to 
address the problem of corruption in the police force (see Section 3).
    The prosecutor general's office determined who could be detained, 
arrested, and prosecuted. The prosecutor general must issue an arrest 
warrant before a person may be detained, and there were no reports that 
this provision was abused. The Criminal Code permits law enforcement 
officials to detain suspects for 72 hours before releasing them or 
charging them with a crime, and this was generally enforced in 
practice. The Criminal Procedure Code requires notification of a 
detainee's family by the investigator within 12 hours of detention; 
however, this requirement often was not observed in practice.
    Persons arrested or charged with crimes have the legal right to 
defense counsel; if a suspect was charged, the procurator was required 
to advise defense counsel immediately. Defense counsel is permitted to 
visit the accused within the first 3 days of incarceration; however, at 
times the accused did not see defense counsel until trial. Human rights 
groups noted that children who were arrested usually were denied 
lawyers. Police often did not notify parents of children who were 
arrested, and generally neither parents nor lawyers were present during 
questioning, despite laws to the contrary. Children often were 
intimidated into signing confessions. In March, President Akayev signed 
into law numerous changes in the criminal code, making statements 
obtained from suspects in the absence of an attorney inadmissible in 
court. Other changes require the presence of a suspect's attorney in 
order to extend a suspect's time in detention. The law also authorizes 
house arrest for certain types of suspects.
    The procurator has the discretion to hold suspects in pretrial 
detention for as long as 1 year, but regulations provide for 
provisional release before trial. There was a functioning bail system. 
After 1 year, the prosecutor general is required to seek an extension 
from Parliament or release the suspect. There have been no known 
instances in which Parliament was asked to extend a detention.
    Unlike in previous years, there were no reports that the Government 
used charges of economic crimes, such as tax evasion, in order to 
arrest its opponents.
    The Government detained demonstrators (see Section 2.b.).
    The Government continued to express concern about groups that it 
viewed as extremist with either radical religious or political agendas. 
During the first half of the year security forces investigated 40 
persons and initiated criminal proceedings against 32 for possession or 
distribution of literature inciting ethnic or religious hatred. Most of 
those investigated were associated with the extremist Islamist 
political organization Hizb ut-Tahrir, an extremist political 
organization founded in 1953 in Jordanian-administered East Jerusalem 
and headquartered in London. Although Hizb ut-Tahrir maintained that it 
was committed to nonviolence, the party's strongly anti-Semitic and 
anti-Western literature called for secular governments, including in 
the country, to be replaced with a world-wide Islamic government called 
the Caliphate.
    Although Hizb ut-Tahrir was banned, police officials have stated 
publicly that membership in the organization itself is not a crime. 
Rather, Hizb ut-Tahrir members charged with crimes were usually accused 
of possession and distribution of its literature (see Section 2.b.).
    On March 29, the Government signed an extradition agreement with 
the Government of China. The agreement grants no exemptions for 
suspects who may face politically motivated torture or execution upon 
their return to China.

    e. Denial of Fair Public Trial.--The Constitution provides for an 
independent judiciary; however, the executive branch continued to 
dominate the judiciary.
    Lawyers and citizens commonly believed that most judges were open 
to bribes or susceptible to outside pressure, and low salaries remained 
a mitigating factor. The Constitution gives the President the authority 
to appoint judges at all levels, who must be confirmed by the lower 
house of Parliament. The President may dismiss judges on the Supreme 
Court and Constitutional Court only with the approval of a two-thirds 
majority of the lower house of Parliament. The Constitution provides 
that local laws determine provisions for dismissal of judges of local 
courts.
    Cases originate in local courts and can move to appeals courts at 
the district or regional level and finally to the Supreme Court. There 
were separate military courts as well as a separate arbitration court 
system for economic disputes.
    Amendments to the Constitution in 2003 designated the Supreme Court 
the highest judicial body for civil, criminal, and administrative 
judicial proceedings. The Constitutional Court has responsibility for 
determining the constitutionality of laws, resolving disputes 
concerning the interpretation of the Constitution, and determining the 
validity of presidential elections. The Constitutional Court cannot 
intervene with actions of the Supreme Court, except in cases related to 
the Constitution. Only the President, Parliament, the Cabinet of 
Ministers, and the Central Election Commission can appeal to the 
Constitutional Court. The Court has specific authority to determine the 
constitutionality of activities by NGOs, political parties, and 
religious organizations.
    Defendants are afforded the same constitutional protections in both 
military and civilian courts, although military court proceedings can 
be closed to the public. A civilian can be tried in a military court if 
one of the co-defendants is a member of the military. Military court 
cases can be appealed to a military appellate court and ultimately to 
the Supreme Court.
    Traditional elders' courts consider property and family law matters 
and low-level crime. Local elders' courts are under the supervision of 
the procurator's office but do not receive close oversight since many 
are located in remote regions. However, decisions of elders' courts can 
be appealed to the corresponding municipal court.
    The procurator, not the judge, is in charge of criminal 
proceedings. The procurator brings cases to court and tries them before 
a judge and two people's assessors. The court may render one of three 
decisions: Innocent, guilty, or indeterminate. If indeterminate, a case 
is returned to the procurator for further investigation, in which case 
a suspect may remain under detention.
    The law provides for defendants' rights, including the presumption 
of innocence; however, such rights were not always respected. The 
judicial system continued to operate, in many cases, under Soviet laws 
and procedures in which there was no presumption of innocence and the 
focus of pretrial investigation was to collect evidence sufficient to 
show guilt. The Criminal Procedure Code provides for an unlimited 
number of visits of unlimited duration between an attorney and a 
client. Although official permission for such visits is required, such 
permission usually was granted.
    The law permits defendants and the defense counsel the right to 
access all evidence gathered by the procurator, attend all proceedings, 
which were usually public, to question witnesses, and to present 
evidence. However, these rights were not always respected in practice. 
Witnesses did not have to present their testimony in court; instead 
they could affirm or deny their statements with the procurator outside 
of court. Indigent defendants were provided attorneys at public 
expense.
    Feliks Kulov, leader of the Ar-Namys Party and former parliamentary 
and presidential candidate, continued to serve concurrent sentences of 
7 and 10 years for abuse of power and embezzlement convictions in 2001 
and 2002 that resulted from apparently politically motivated 
prosecutions. On August 5, Kulov was denied parole by an administrative 
commission at the prison where he was being held. On August 13, the 
Sokuluk District Court upheld the commission's decision. On November 
19, the Supreme Court upheld a lower court's decision that Kulov will 
not be eligible for parole until November 2005.
    There were no reports of other political prisoners.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The Constitution prohibits such actions; however, the 
Government at times violated these prohibitions. The law requires the 
General Procurator's approval for wiretaps, searches of homes, 
interception of mail, and similar acts; however, the procurator can 
give telephone approval for searches, which means that in such cases no 
written proof exists to verify that a search was approved. In certain 
cases, law enforcement officers can commence a search and then seek 
approval within 24 hours. If approval was not given, any evidence 
seized is inadmissible in court.
    In January, five parliamentary deputies discovered listening 
devices in their offices. In May, a Parliamentary Commission set up to 
investigate the case released a report that accused the SNB of planting 
the devices and using them to track the activities of the deputies. As 
a result of the report, the Legislative Assembly passed a resolution 
calling on President Akayev to hold the responsible officials 
accountable and establishing a standing committee to oversee the 
activities of the security services. No action had been taken to follow 
up on the Legislative Assembly's resolution by year's end.
    On May 14, officials from both the Kyrgyz and Uzbek security 
services were seen covertly videotaping worshipers at a mosque in 
Karasuu. The officers were detained by worshipers, who forwarded the 
tape to the Ombudsman, who then filed an appeal with the General 
Procuracy and the SNB. Neither the Procuracy nor SNB have taken any 
action on the appeal.
    Unlike in previous years, there were no reports that the SNB 
conducted surveillance on representatives of the Uighur community. 
There were unconfirmed reports by citizens active in politics or human 
rights that their communications were monitored. The Government 
continued to conduct widespread document checks of some foreigners.
    Relatives and fellow villagers of political prisoner Felix Kulov 
reported SNB surveillance, harassment, and loss of employment because 
of their alleged support for him.
    Family members of Tynchtyk Duulatov, a member of the political 
council of the Ar-Namys party, reported that unidentified persons made 
harassing phone calls to their residence and that police visited them 
several times during the year (see Section 4). In May 2003, Tynchtyk 
Duulatov fled the country to avoid prosecution for kidnapping, charges 
believed to be politically motivated.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The law provides for freedom of 
speech and of the press; however, the Government occasionally 
restricted these rights. The Constitution also prohibits censorship or 
dictating what ideas and opinions citizens may express. The law on mass 
media prohibits the dissemination of government and commercial secrets; 
inciting war, violence, or intolerance toward ethnic or religious 
groups; desecration of national norms, ethics, and symbols; 
pornography; and encroachment on the honor and dignity of a person, the 
country's libel provision.
    Government newspapers, television, and radio continued to receive 
government subsidies, which permitted the Government to influence their 
coverage and to apply financial pressure on independent media by 
fostering unfair competition for scarce advertising revenue. 
Individuals with close ties to the Government owned and controlled, in 
part or in full, several major news outlets.
    There were approximately 40 to 50 regularly printed newspapers and 
magazines, 8 of which were state-owned, with varying degrees of 
independence.
    The state printing house, Uchkun, was the primary newspaper 
publisher in the country, with several small presses located inside and 
outside of the capital. The nongovernmental Media Support Center (MSC), 
which the Government registered in 2002, opened an independent printing 
press in November 2003, which provided a competitive alternative to 
state-owned printing presses. By October, the press was printing over 
50 commercial and political newspapers.
    During the year, the Government registered several new independent 
radio and television stations and no independent media outlets were 
reported to have closed down for political reasons. In October, the 
State Commission for Radio Frequencies issued 5-year licenses to nine 
independent radio and television stations. There were 150 print and 54 
broadcast media outlets functioning in the country at year's end. 
Pyramida television functioned as the only truly independent station in 
Bishkek, although in August observers expressed concern after a 
telecommunications company linked to the President's family bought a 
stake in the station. Foreign media, including the British Broadcasting 
Corporation, Associated Press, Reuters, and Agency France Press, 
operated freely. Foreign ownership of media is prohibited by law; 
however, there was a small degree of foreign ownership of media, 
through local partners. A number of Russia-based media outlets also 
operated freely in the country, although the Government considered them 
local media because they were registered with the MOJ. 21During the 
year, harassment of journalists decreased; however, unknown rsons 
continued to commit acts of violence and intimidate members of the 
media. In January, the Public Association of Journalists reported that 
a government newspaper Osh Shamy had received intimidating telephone 
calls from authorities in response to articles critical of the local 
administration. Later that month the Osh Shamy office was vandalized; 
the perpetrator was arrested but later released without charge due to a 
history of mental illness.
    In April, unknown persons beat the 21-year-old son of Zamira 
Sydykova, editor of independent newspaper ResPublica, resulting in his 
hospitalization. Sydykova alleged the assault was in retaliation for 
critical articles in the newspaper.
    In June, unknown persons made telephone threats to a local employee 
of the MSC, as well as to his family. There was some evidence to 
suggest that the calls resulted from a dispute between the employee and 
a former colleague from the MSC. The calls stopped after a few weeks.
    In February, police closed an investigation into the 2003 death of 
journalist Ernis Nazalov after determining that Nazalov had drowned 
(see Section 1.a.).
    All media were required to register with the MOJ and receive 
ministry approval to operate. The Media Law states that registration 
should take no longer than 1 month, but in practice the process often 
took much longer. Part of the process included background checks on 
each media outlet's owner and source of financing, including 
international donor organizations.
    Although the Constitution prohibits censorship, government 
interference with independent television and radio stations continued. 
In September, an election official warned an independent television 
station in Karakol against airing a program on impending local 
elections. The station ignored the warning and broadcast the program 
anyway, without incident. The Government used its financial control of 
various media outlets to indirectly censor reporting.
    In March, Pyramida television was forced to broadcast at low power 
on a UHF frequency for 6 weeks after a transmitter fire. Although the 
Government claimed that technical issues prevented Pyramida from going 
back to its usual frequency, employees of the station alleged the 
Government attempted to keep the station off the air.
    In August, the telecommunications company Areopag Trade, reportedly 
close to President Akaev's son, announced the purchase of an 
unspecified number of shares of Pyramida TV. Soon after the 
announcement, most of the top management and news staff left Pyramida 
for another independent TV station, NTS, which had not yet begun 
operating. NTS is reportedly owned by a Russian energy company. NTS 
received a broadcasting license but had not begun to broadcast by 
year's end.
    Libel was a criminal offense. In June, the Parliament refused to 
pass government-sponsored legislation to decriminalize libel for a 
second time. During the year, a limited number of government officials 
used libel suits to harass and apply pressure on both independent and 
state-owned media. However; there was a significant decline in the use 
of honor and dignity lawsuits against newspapers by government 
officials.
    Ombudsman Tursunbay Bakir-uulu filed four honor-and-dignity suits, 
two against the independent progovernment newspaper Vecherniy Bishkek 
and two against government-owned media outlets, alleging biased and 
subjective reporting about his work. The Ombudsman offered to drop the 
lawsuits if the newspapers printed retractions of their stories; 
however, the newspapers did not print a retraction and lawsuits were 
still pending at year's end.
    In April, a journalist in Talas was sued by a local government 
official and was found guilty of criminal libel for accusing the 
official of embezzling funds. The journalist was ordered to pay $240 
(10,000 KGS) to the plaintiff.
    In June, Parliamentarian Davran Sabirov filed honor-and-dignity 
lawsuits against two different independent newspapers. In one of the 
cases the court opened a criminal libel case against the accused 
journalist, who was eventually acquitted of all charges.
    Vicherny Bishkek filed an antimonopoly complaint against Moya 
Stolitsa-Novosti (MSN) reportedly in an effort to stifle the 
independent press. The court initially ruled against MSN and ordered 
them to raise their prices; however, the decision was being appealed at 
year's end.
    There are no laws regarding Internet media, and there were no 
credible reports that the Government censored or blocked access to the 
Internet. The opposition Ar-Namys political party reported that unknown 
persons hacked into its website, forcing its closure for 2 weeks.
    The Government did not restrict academic freedom.

    b. Freedom of Peaceful Assembly and Association.--The Constitution 
provides for freedom of assembly; however, on occasion the Government 
restricted this right in practice.
    The law requires that authorities receive notification of public 
gatherings and provides authorities the right to prohibit gatherings 
under certain conditions.
    In October, the Constitutional Court overturned articles of the law 
on public meetings, which required citizens to get permits for public 
gatherings, and were widely regarded as vague and too restrictive. The 
Court ruled that the law was not in compliance with the Constitution, 
which states only that demonstrators must notify the Government in 
advance of their intention to demonstrate, rather than requiring 
governmental permission.
    A draft law proposed before Parliament sought to ban all public 
demonstrations that were not registered 9 days in advance and to 
designate several government buildings and transportation routes off-
limits for any demonstration. Observers noted this effort was to limit 
opponents' activity in preparation for 2005 elections.
    Protests, rallies, and demonstrations were held regularly in front 
of the President's office, Parliament, and in other public places 
throughout the country. In most cases, demonstrations took place 
without interference from authorities. However, there was at least one 
instance in which security forces forcibly disrupted a demonstration or 
meeting.
    On April 15, dozens of protestors gathered in Bishkek to call for 
the release of Feliks Kulov. Police arrested 18 protestors before a 
march commenced. Those detained were charged with holding an 
unsanctioned march, fined, and released; however, demonstrators later 
admitted that they had not provided authorities with advance notice of 
the march. One demonstrator alleged abuse.
    Investors in the defunct Renton Company reported that they were 
denied permission to hold demonstrations 14 times throughout the year. 
On August 26, police reportedly detained two Renton Company investor 
demonstrators for 8 hours.
    The Constitution provides for freedom of association; however, at 
times local authorities restricted this right in practice. The Law on 
Public Organizations, which includes labor unions, political parties, 
and cultural associations, requires that organizations register with 
the MOJ. No domestic NGOs were denied registration by the MOJ during 
the year.
    The Constitution prohibits activities of foreign political parties 
and NGOs, including their representative offices and branches that 
pursue political goals. The OSCE expressed concern that this provision 
could limit domestic monitoring and human rights groups, in addition to 
political parties. During the year, foreign-funded NGOs were generally 
able to pursue their work free from government interference, although 
articles critical of some foreign-funded NGOs appeared in state-owned 
or progovernment media.
    The law on NGOs distinguishes them from political parties, labor 
unions, and religious organizations. In contrast to political parties, 
NGOs require only at least 3 members. An estimated 7,000-10,000 NGOs 
operated across the country (see Section 4).
    In 2003, the Supreme Court sustained a verdict of the Lenin 
District Court of Bishkek that banned four organizations it deemed to 
be extremist for alleged ties to international terrorist organizations: 
Hizb ut-Tahrir, Islamic Party of Turkestan, Organization for freeing 
Eastern Turkestan, and Eastern Turkestan Islamic Party.
    Arrests and prosecution of persons accused of possessing and 
distributing literature of the Hizb ut-Tahrir organization continued 
during the year. Most arrests occurred in the South and involved ethnic 
Uzbeks; those arrested typically were charged for distribution of 
literature inciting ethnic, racial, or religious hatred. The MVD 
reported that during the first half of the year 32 persons were 
prosecuted for distribution or possession of Hizb ut-Tahrir literature.

    c. Freedom of Religion.--The law provides for freedom of religion, 
and the Government generally respected this right in practice; however, 
there were some restrictions on freedom of religion, particularly the 
activities of Islamic groups that it considered to be extremists and a 
threat to the country. Islam was the most widely practiced faith.
    By year's end, Parliament was still preparing a draft law on 
religion, under discussion since 2001.
    The State Commission on Religious Affairs (SCRA) is responsible for 
promoting religious tolerance, protecting freedom of conscience, and 
overseeing laws on religion. Under the law, all religious 
organizations, including schools, are required to register with the 
SCRA, and each congregation is required to register separately. Several 
religious organizations reported delays registering with the SCRA. The 
majority of these were small Christian congregations and Islamic 
organizations. Religious organizations are also required to register 
with the MOJ to obtain status as legal entities, which is necessary to 
own property, open bank accounts, and otherwise engage in contractual 
activities. Under the tax code, religious organizations are required to 
pay taxes on commercial activities. The Ministry's registration process 
is cumbersome, taking a month on average. In practice, the Ministry did 
not register religious organizations without prior registration by the 
SCRA.
    On May 14, officials from both the domestic and Uzbek security 
services were seen covertly videotaping worshipers at a mosque in 
Karasuu (see Section 1.f.).
    In December, police raided houses in Osh and the Aravan and Nookat 
districts, areas of traditional Islamic beliefs, following a recent 
grenade blast in Osh in November. On November 20, police took four men 
into detention for failing to supply identity papers and one of the men 
allegedly threw a hand grenade to escape. Officials maintained the 
incident was perpetrated by Islamic extremists. Local human rights 
observers disputed these connections, and alleged that the incident was 
being used to discriminate against Muslims as well as the country's 
Uzbek minority.
    The Government was concerned about political extremism it believed 
was disguised as conservative Islam, particularly Wahhabist 
interpretations (see Section 2.b.).
    Law enforcement authorities, including the MVD and the SNB, often 
played a role in investigating religious organizations and resolving 
inter-religious disputes. Representatives of smaller churches, such as 
the Church of Jesus Christ, complained of government attempts to hamper 
their activities.
    In 2003, Asan Erkinbayev, a local administration official in the 
Jalalabad region, closed 7 of the 9 mosques, claiming that they were on 
state-owned land and that their imams were preaching contradictory 
views. All of the closed mosques were converted into commercial or 
public buildings. One of the mosques has since officially registered 
with the SCRA but remained closed at year's end. Despite complaints 
from government officials in Bishkek, Erkinbayev refused to reopen any 
of the mosques.
    The Church of Jesus Christ reported that a number of ongoing 
bureaucratic and legal problems remained unresolved. However, in May 
the Church reported that the Tax Inspectorate officially closed its 
investigation into the Church's finances and dropped all demands that 
the Church pay taxes on donations. Although the Church of Jesus Christ 
recognized some positive results in obtaining registration of its 
affiliates, its officials continued to experience difficulties in 
obtaining the land title for its main church in Bishkek from the SCRA 
and the Mayor's office.
    In July, a representative of the Hare Krishna Society reported that 
the Society had been repeatedly denied registration with the SCRA since 
1996. In August, officials from the SCRA and Interior Ministry visited 
an apartment used by the Society for religious services. The SCRA 
officials told the Society that until it is officially registered with 
the SCRA it can no longer hold even unofficial services. The Hare 
Krishna Society hired a lawyer to help it with its pending 
registration.
    Missionary groups were required to register with the Government and 
the SCRA reported that as of July, 166 missionaries were operating in 
the country. On April 5, a government decree and plan of action was 
signed instructing the SNB to propose measures to ``restrict and 
prevent the activities of missionaries who propagate religious 
fundamentalism and extremism and reactionary and Shiite ideas.''
    Among the proposed groups to be restricted were members of the 
Ahmadiyya community, a Muslim proselytizing movement, which originated 
in India and is considered un-Islamic by many traditional Muslims. In 
May, SCRA officials assured the Ahmadis that their inclusion was a 
mistake and that the Government would not target the group. There have 
been no reports of harassment of Ahmadis since May.
    Female students who attended public schools continued to be 
forbidden from wearing religious headscarves (hijab) while in school. 
The SCRA stated that students who chose to wear clothing that indicated 
adherence to a particular religion should attend religious schools.
    At two schools in the Jalalabad region, two girls were told not to 
wear the hijab to school; however, when the girls disobeyed the order, 
no action was taken to stop them and the girls continued to wear the 
headscarves to school at year's end.
    The Government expressly prohibits the teaching of religion and 
alternate subjects in public schools. However, attendance of religious 
schools was permitted.
    On June 28, Prime Minister Tanaev announced that the Government 
would create a special board to review religious literature, noting 
Hizb ut-Tahrir. The Prime Minister had not yet signed the order and no 
action was been taken to create the special board.
    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, certain policies continued to complicate internal migration, 
resettlement, and travel abroad.
    The law requires that citizens have an official government permit 
to work and settle in a particular area of the country. Applicants for 
such a residence permit must file a request for registration with the 
local police and be able to prove that they have a permanent residence 
in the area. Homeowners can only legally sell their property to buyers 
with such permits. Local administrations also tied the availability of 
utilities and social services to registration; individuals who did not 
register could be denied access to water, heat, light, subsidized 
health care, or schooling. Unlike the previous year, there were no 
reports that law enforcement agencies conducted sweeps and random 
checks to verify registration of residents. Authorities fined or 
imprisoned individuals without residence permits.
    The law does not provide for or prohibit forced exile, and there 
were no reports that the Government employed it in practice. The 
president of the Kyrgyz Committee for Human Rights (KCHR) went into 
self-imposed exile abroad in May o2003 (see Section 4).
    The law provides for the granting of asylum or refugee status in 
accordance with the 1951 U.N. Convention Relating to the Status of 
Refugees 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 
granted refugee status or asylum. The Government cooperated with the 
office of the U.N. High Commission on Refugees (UNHCR) and other 
international 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.
    As of August 1, the UNHCR reported that there were 363 Afghan 
refugees and 128 Afghan asylum seekers 5,543 Tajik refugees, 308 
Chechen asylum seekers, 5 Uighur refugees from China, 5 Iranian 
refugees, 4 Iraqi refugees, and 6 Syrian refugees registered with the 
Government. According to the UNHCR and the Ministry of Foreign Affairs 
Migration Services Department, authorities provided temporary 
protection to Chechen asylum seekers. The Government did not grant 
Chechen refugees official refugee status but allowed them to obtain 
asylum seeker status, which provided them with some legal protection.
    During the year, 14 Afghan refugees were voluntarily repatriated 
back to Afghanistan. In September, nearly all of the remaining Afghan 
refugees registered with the UNHCR and the Government either were 
voluntarily repatriated or accepted resettlement in third countries 
where they received asylum.
    According to the UNHCR, Uighurs remained at risk of deportation or 
extradition, particularly if they were involved with political and 
religious activities in China.
    The UNHCR maintained programs to provide medical aid, legal advice, 
and other services to refugees. The UNHCR also worked closely with the 
Government to develop documents for legal protection.
    The Government controlled the movement of some foreign nationals 
and conducted sweeps in order to find undocumented foreigners. During 
the year, a total of 13 undocumented foreigners were reportedly 
arrested for visa violations. Of the 13 arrested, all were released 
without charges after intervention by the UNHCR. During the year, 
refugees and asylum seekers continued to be subject to heightened 
security measures.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The Constitution provides citizens with the right to change their 
government peacefully; however, in practice, the Government restricted 
citizens' ability to do so. President Akayev continued to dominate the 
Government.
    A constitutional referendum held in 2003 was highly flawed and 
marred by serious irregularities, as were parliamentary and 
presidential elections held in 2000. During the referendum, election 
observers noted widespread electoral violations and disputed the 
Government's turnout and vote count figures. Observed violations 
included: Manipulation of the ballot count, forged voting results, 
multiple voting, and voting without supporting documents. There were 
many occasions in which election officials prevented independent 
observers from monitoring the election process.
    The amended Constitution further increased the President's powers. 
Under the Constitution, he has a virtual veto on any legislative act 
and additional powers to dissolve the legislature and dismiss members 
of the Government, as well as immunity after leaving office. Despite 
constitutional limitations, Parliament demonstrated a degree of 
independence by initially rejecting one candidate for a cabinet post 
and by voting against the President on several important pieces of 
legislation. According to the Constitution, the Parliament may override 
Presidential vetoes, which it has done on occasion in the past. The 
Constitution provides for parliamentary elections every 5 years.
    In October, nationwide local elections took place generally without 
government interference and opposition candidates and parties were 
allowed to participate freely in the political process; however, 
domestic observers reported that serious irregularities on election 
day, including vote tampering, intimidation of voters, and multiple 
voting, marred voting in some areas. Independent and opposition 
political parties and NGOs took advantage of provisions in the new 
electoral code allowing for their participation on electoral 
commissions. Their participation took place generally free from 
government harassment or interference; however, progovernment political 
parties dominated representation on electoral commissions. Several 
candidates in local elections noted that the new $24 (1,000 KGS) fee 
imposed on potential candidates for election was too high for many 
candidates in poor areas.
    During the year, there were 43 registered political parties. The 
Government occasionally sought to impede the functioning of opposition 
political groupings and the expression of opposition views in the media 
(see Section 2.b.). Some opposition politicians and members of 
prominent NGOs reported incidents of harassment.
    On March 8, unknown persons beat Yuri Natochiy, a member of the 
opposition Ar-Namys party, near his house in Bishkek. After repeated 
requests by Natochiy and Ar-Namys, police opened an investigation into 
the case on April 1, resulting in the arrest of one person who was 
awaiting trial at year's end. On the same day, an unknown person threw 
a rock through a window on Natochiy's house.
    On January 24, President Akayev signed a new election code into 
law. Domestic NGOs and opposition parties largely saw the new election 
code as a significant improvement over the previous code. The new code 
incorporated numerous suggestions from the OSCE and NGOs to improve 
transparency as well as NGO and political party participation in the 
electoral process. However, the OSCE determined it did not meet 
international standards due to vague provisions that could be used to 
restrict candidate, media, and party rights. There was no report of the 
Central Election Commission (CEC) using the code to this effect during 
the October local elections.
    The CEC refused to register a number of the country's former 
ambassadors as candidates for upcoming 2005 parliamentary elections, 
based on a constitutional requirement that candidates for Parliament 
must have spent the previous 5 years in the country.
    Corruption remained a serious problem at all levels of society. 
However, the Government took significant steps to address the problem. 
In February, President Akayev created a Good Governance Council, which 
was tasked with implementing a Government anticorruption program. In 
March, the Parliament passed legislation requiring government officials 
to disclose all sources of income.
    The law gives persons the right to request information from the 
Government, and the Government generally complied with such requests 
but sometimes took a long time to do so.
    There were 7 women in the 105-seat legislature. Women held several 
high-level government posts, including the Chief Justice of the 
Constitutional Court, the Minister of Justice, the Vice Prime Minister 
for Social Welfare, the Minister of Labor and Social Welfare, and the 
Governor of Issykul Oblast.
    There were 19 minorities represented in the 105-seat legislature. 
Russians and Uzbeks were underrepresented in government positions, 
although members of minority groups held several top posts, including 
the Prime Minister, Minister of Agriculture, Minister of Defense, and 
Minister of Justice. Russian-speaking citizens alleged that a ceiling 
precluded promotion beyond a certain level in government service. They 
also alleged that some otherwise qualified candidates were disqualified 
in elections in previous years on the basis of exams, the fairness of 
which was questioned (see Section 5). In April, President Akayev signed 
a new language law requiring, among other provisions, that the 
President, Prime Minister, Speaker of Parliament, and a number of other 
unspecified public servants have proficiency in Kyrgyz; however, at the 
same time the President signed a decree delaying full implementation of 
the law until 2015 (see Section 5).
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    Human rights groups generally operated in a sometimes hostile 
environment and were faced with occasional government pressure to 
curtail their activities. Despite occasional harassment, the human 
rights groups faced considerably less pressure and harassment than in 
the previous year. The Government also made limited efforts to interact 
with some NGOs and most domestic independent human rights organizations 
were able to investigate and publish their findings on human rights 
cases.
    Authorities at times made vague threats of criminal prosecution of 
or otherwise harassed high-profile activists involved in human rights 
and civil society NGOs and their family members.
    For example, in April, three local NGOs reported that local 
security officials in Issykul region followed and harassed NGO 
representatives who were attempting to hold a series of roundtable 
discussions on human rights. In three villages in the region, local 
officials prevented the NGOs from holding roundtables altogether.
    In July, unknown persons made threatening phone calls to the leader 
of the NGO Interbilim, Asiya Sasykbayeva, after she criticized the 
Government's handling of elections at a UNDP-sponsored election 
coordination meeting.
    In September, police officials visited the home of a local employee 
of an international human rights NGO and later accosted the same person 
on the street after the employee published an article about torture in 
the country.
    Members of the Kyrgyz Committee on Human Rights (KCHR) reported 
that police monitored their offices and frequently visited them asking 
questions about the whereabouts of KCHR president Ramazan Dyryldayev.
    Dyryldayev remained in self-imposed exile in Vienna, saying he 
feared imminent arrest should he return to Kyrgyzstan. As of October, 
Dyryldaev remained under investigation for undisclosed reasons, but no 
charges were filed.
    On July 3, unidentified individuals broke into the house of Ainura 
Aitbayeva, Dyryladayev's daughter, and assaulted her. Police 
immediately opened an investigation into the assault, but no arrests 
were made in the case by year's end.
    A number of international groups reported on human rights problems 
in the country. The Government met with international NGOs regarding 
their work in the country, which was viewed as a positive step towards 
a constructive dialogue between the Government and NGOs. The Government 
generally cooperated with international governmental organizations.
    The Ombudsman's Office, whose mandate is to act as an independent 
advocate for human rights on behalf of private citizens and NGOs, 
actively worked to advocate for individual rights. The Ombudsman has 
the authority to recommend cases for review to courts, including the 
Constitutional Court and Supreme Court. During the first half of the 
year, the Ombudsman's Office received 6,469 appeals, most having to do 
with official corruption. According to the Ombudsman, approximately one 
third of those appeals were resolved successfully. In July, the 
Ombudsman made two appeals to the MOJ regarding the case of Feliks 
Kulov, claiming that Kulov should have been eligible for parole in 
August.
    Parliament's Committee on Human Rights drafts and approves 
legislation before it goes before the full Parliament. The Committee 
also reviews all draft legislation that has a human rights component. 
In addition, the Democratic Security Council under the President is 
nominally tasked with protecting human rights in the country; however, 
it remained relatively inactive during the year.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The Constitution provides for the rights and freedoms of 
individuals and prohibits discrimination; however, in practice there 
was discrimination against women, persons with disabilities, and ethnic 
minorities.

    Women.--The law specifically prohibits domestic violence and 
spousal abuse; however, violence against women remained a problem. 
Interior Ministry statistics indicated that during the year over 200 
sexual crimes against women were reported, but actual figures were 
probably significantly higher. NGOs estimated the number could be up to 
ten times the reported figure. Some estimates indicated domestic 
violence constituted between 40 and 60 percent of all crimes committed 
against women. Many crimes against women were not reported due to 
psychological pressure, cultural traditions, and apathy of law 
enforcement officials.
    Several local NGOs provided services for victims of domestic 
violence, including legal, medical, and psychological assistance, a 
crisis hotline, shelters, and prevention programs. Organizations 
involved with battered women also lobbied for new laws on domestic 
violence.
    Rape, including spousal rape, is illegal. Activists noted that rape 
was more common, although it was not clear whether this was due 
primarily to increased reporting of attacks. There were 136 rapes 
reported during the first 8 months of the year, 92 of these cases 
resulted in prosecutions.
    Although a law prohibits the custom, some rural inhabitants 
continued the traditional practice of kidnapping women and girls for 
forced marriage. One study indicated that up to one-third of ethnic 
Kyrgyz women living in the northern part of the country might be 
married against their will as a result of this practice. Many of the 
victims of forced marriage also reported to researchers that they were 
raped at the time that they were kidnapped. Cultural traditions 
discouraged victims from going to the authorities.
    In December, the Government supported a NGO-sponsored Campaign 
Against Violence and Bride Kidnapping conducted for high school and 
college students, government officials, law enforcement officers, and 
medical personnel. Participating NGOs distributed information 
materials, produced television documentaries, performed a short play on 
bride kidnapping, and held discussions on domestic violence and 
trafficking in persons. NGOs reported an increase of calls to NGO 
antitrafficking hotlines following the campaign.
    Prostitution was not a crime, although the Criminal Code outlaws 
the operation of brothels, pimping, and recruiting persons into 
prostitution, with penalties of up to 5 years. With no legal measures 
in place to regulate the industry, it was increasingly a problem.
    Trafficking in women for the purpose of sexual exploitation and 
forced labor was a problem (see Section 5, Trafficking).
    Sexual harassment is prohibited by law; however, it was a problem. 
Penalties range from fines to imprisonment.
    The law gives equal status to women, and they were well represented 
in the work force, in professions, and in institutions of higher 
learning; however, discrimination against women persisted in practice. 
Family law prohibits divorce during pregnancy and while a child is 
younger than 1 year of age. In February, the President signed a decree 
requiring analysis of all legislation from the point of gender 
equality. In November, the Government enacted an action plan to 
eliminate all forms of discrimination against women, based on the U.N. 
Convention on Elimination of Discrimination of Women, outlining 
activities and assigned government agencies responsible for 
implementation and reporting.
    Women were prominent in law, medicine, accounting, and banking and 
played an active role in the rapidly growing nongovernmental sector. 
However, deteriorating economic conditions had a severe effect on 
women, who were more likely than men to lose jobs. Average wages for 
women were substantially less than for men. Women made up the majority 
of pensioners, a group that has particularly suffered as a result of 
the country's economic downturn. With the end of communism, traditional 
attitudes toward women reasserted themselves strongly in the 
countryside, where women were relegated to the roles of wife and 
mother, and educational opportunities were curtailed. Data indicated 
that women were less healthy, more abused, less able to work outside 
the home, and less able to dispose of their earnings independently.
    The National Council on the Issues of Family, Women and Gender 
Development, under the President, is designated to address women's 
issues.
    Over 200 NGOs dealing with women's problems operated in the country 
during the year. Women's organizations focused on violence against 
women, gender equality, women's reproductive health, women's 
involvement in politics, and education in women's rights.

    Children.--The Government was generally committed to the rights and 
welfare of children; however, the Government lacked resources to fully 
address basic needs for shelter, food, and clothing.
    The Constitution states that education is compulsory and free of 
charge for the first 9 years, or until age 14. The Law on Education and 
the Law on Protection of Children's Rights require that secondary 
education be free and universal; however, financial constraints 
prevented the Government from providing free basic education for all 
students. Families that kept children in public schools often had to 
pay burdensome administrative fees, despite the fact that charging such 
fees was illegal. Girls and boys attended school in equal ratios. In 
2002, the primary school enrollment ratio was 98 percent for both girls 
and boys, according to UNICEF. The secondary school enrollment ratio 
was 75 percent for boys and 83 percent for girls. In 2003, only 
approximately 5 percent of students attending school dropped out during 
the year. The law penalizes parents who do not send their children to 
school or who obstruct their attendance; however, this law was only 
spottily enforced, particularly in rural areas. The Government has 
continued to fund the work of two programs to provide benefits for low-
income children and children with disabilities, such as school supplies 
and textbooks.
    The Government provided health care for children and boys and girls 
had equal access to care. According to UNICEF, the Government financed 
18 percent of routine vaccinations. The system of residence 
registration restricted access to social services, including healthcare 
and education, for children that belonged to certain groups, such as 
refugees, migrants, internally displaced persons, and noncitizens (see 
Section 2.d.).
    Child abuse continued to be a problem. Traditional social practices 
were inadequate to cope with social pressures that affect families.
    Trafficking of children for the purposes of sexual exploitation and 
labor remained a problem (see Section 5, Trafficking).
    There were increasing reports of abandonment due to parents' lack 
of resources to care for children, which led to larger numbers of 
children in institutions, foster care, or on the streets. State 
orphanages and foster homes also faced a lack of resources and often 
were unable to provide proper care. Some children too old to remain in 
orphanages were transferred to mental health care facilities, even when 
they did not exhibit mental health problems.
    Child labor was a problem (see Section 6.d.).
    Many children left home because of abusive or alcoholic parents or 
desperate economic conditions. The Government reported that the number 
of street children nationwide was approximately 2,000, although NGOs 
reported the number might be as high as 15,000. Approximately 80 
percent of street children were internal migrants. Street children were 
detained and either sent home (if an address was known) or to a 
rehabilitation center or orphanage. The MVD maintained two centers, one 
each in Bishkek and Osh. The two rehabilitation centers were in poor 
condition and lacked sufficient food, clothes, and medicine.
    Human rights groups and the Kyrgyz Children's Fund (KCF) monitored 
the condition of children and advocated for child rights. The 
Government's Commission on the Affairs of Under-Age Children worked as 
a focal point for the Government's activities to protect the rights of 
children and provided a forum for discussing and coordinating responses 
to children's problems.
    The KCF had shelters in Bishkek and Issyk-Kul to provide food, 
clothing, and schooling for approximately 150 children. The Svetlii Put 
shelter received training assistance from UNICEF and cared for an 
average of 62 children per month during the year. The SOS Children's 
Village, funded by the Austrian organization Kinder Dorf International 
and other foreign and domestic organizations, also cared for 
approximately 120 orphans. In August 2003, the Meerim Fund established 
the Altyn Balalyk (Golden Childhood) Village.

    Trafficking in Persons.--The law prohibits trafficking in persons; 
however, there were reports that persons were trafficked to, from, and 
within in the country. Trafficking remained a persistent problem and 
victims alleged that government officials facilitated, or were 
complicit in, trafficking. However, the Government made significant 
efforts to address trafficking including prosecuting several officials 
involved in trafficking and improving assistance to victims.
    In 2003, the Government criminalized trafficking. Under the new 
law, trafficking in persons, including organizing illegal migration, is 
punishable by up to 20 years in prison. Other laws used to prosecute 
traffickers included kidnapping, trading in children, recruiting 
persons for exploitation, coercion into prostitution, rape, and 
deprivation of freedom. The maximum sentence for those prosecuted under 
these laws was 15 years. During the year, 51 trafficking-related cases 
were initiated, 12 of which were prosecuted under the new trafficking 
in persons law, resulting in a total of 16 convictions, 6 of which were 
under the new law. Prosecution was difficult due to victims' reluctance 
to file charges either out of fear, mistrust, or the social stigma 
attached to trafficking crimes.
    In May, the Ministry of Internal Affairs officially opened a 
designated antitrafficking police unit. A National Council was 
responsible for coordinating government efforts to implement the 2002 
Antitrafficking Plan of Action. Although the Government lacked adequate 
resources to implement many aspects of the program, it actively 
participated in and helped implement numerous NGO and other foreign-
donor sponsored antitrafficking programs. The Government cooperated 
actively with both international organizations and other countries to 
combat trafficking in persons. Authorities developed antitrafficking 
cooperation with counterparts and maintained close working level 
relations with a number of countries to combat trafficking. The General 
Procurator's Office, SNB, and MVD continued to cooperate with the NGO 
Sezim.
    The Government actively investigated firms that sent individuals to 
work abroad to ensure they were in compliance with licensing laws. The 
director of the Osh Region Migration Service reported that five 
companies illegally recruiting migrant workers were closed down and 
that criminal proceedings were initiated against two of them. An NGO in 
Osh reported that two other firms were closed for illegally recruiting 
people to work in the United Arab Emirates (UAE), Russia and Belarus.
    Inadequate training of law enforcement officers in identifying and 
fighting trafficking in persons hindered their ability to effectively 
combat the problem. In April, the Government provided new office space 
and began paying the salaries for the two staff members of the National 
Council's Secretariat.
    The country was primarily a source and transit point for trafficked 
persons, although there were a few reports of the country being a 
destination for women trafficked as prostitutes. Although there were no 
reliable estimates for the number of persons trafficked annually, the 
International Organization for Migration (IOM) reported that 
approximately 4,000 women and 7 boys were trafficked abroad in 1999. 
The NGOs Podruga and Sezim reported that they received over 2,500 calls 
to hotlines during the year.
    The country was a transit point for individuals trafficked mostly 
from Uzbekistan and Tajikistan to the West, mainly to Turkey and 
Eastern Europe. The exact number of those in transit was unknown. The 
country was a source for trafficked women and girls, largely to the 
UAE, Turkey, and South Korea for the purpose of sexual exploitation; of 
labor migrants to Kazakhstan, Russia, and South Korea; and for 
trafficked persons largely to Kazakhstan and Russia for forced labor. 
Since 2002 the number of individuals trafficked to Kazakhstan and 
Russia for work in the agricultural and industrial sectors has declined 
largely due to bilateral agreements with Russia and Kazakhstan on labor 
migration. In May, the Ministry of Foreign Affairs estimated that there 
were approximately 2,500 women from the country working abroad in the 
sex industry, some of whom may be trafficking victims, the majority of 
them in the UAE.
    According to the Osh Migration Service, hundreds of destitute 
southerners were trafficked to Kazakhstan as forced laborers on tobacco 
plantations, although this practice declined significantly since the 
signing of a 2003 bilateral labor agreement between the country and 
Kazakhstan.
    There were some instances of trafficking of children, some as young 
as age 10, for prostitution and labor (see Section 6.d.). A flourishing 
commercial sex industry drew girls as young as age 10 from destitute 
mountain villages.
    Groups targeted by traffickers included young under- or unemployed 
women who were unable to earn a living. Poor economic conditions, high 
unemployment, particularly in the South, and gender inequality made 
young women and poor workers vulnerable to traffickers who exploited 
them by offering lucrative jobs or marriage offers to rich men abroad. 
Often women were lured abroad, via newspaper advertisements or 
announcements over loudspeakers in local bazaars. Women responding to 
job offers for waitresses, au pairs, or dancers, or to marriage 
agencies could find themselves abroad without documents or money for 
return tickets and forced to work for their traffickers.
    Traffickers were often persons who previously operated local 
prostitution networks. Relatives or close family friends were also 
reportedly used to recruit trafficking victims. Tour agents, 
restaurants, and nightclubs supplemented their activities by 
trafficking young women to foreign prostitution rings. Traffickers of 
persons for sexual exploitation included organized crime rings that 
often use former trafficking victims as recruiters. Labor trafficking 
was much less organized and often involved freelancers who simply load 
persons onto buses and transport them to the country for work on farms.
    Endemic corruption impeded the Government's progress on 
trafficking. Victims reported highly organized trafficking operations 
that often involved the cooperation of local police, immigration 
officers, and airport security. Observers believed that some government 
authorities facilitated or have otherwise been complicit in trafficking 
activities. In February, Kyrgyz police arrested three persons involved 
in a trafficking scheme, including an immigration official and a former 
employee of the state passport department. Two of the three were 
charged under the new trafficking in persons law; the third individual 
was still under investigation at year's end.
    The Government does not provide foreign trafficking victims 
temporary residence status or criminal immunity for violations 
committed as a consequence of their trafficked condition. There were no 
reports that the Government deported foreign victims of trafficking 
during the year. Many of those who transited the country were abandoned 
by traffickers and lived in hiding out of fear of being discovered by 
authorities. The OSCE and IOM reported that many of those who returned 
from commercial work overseas stated that they were forced to pay 
bribes to law enforcement officials to avoid imprisonment for having 
improper or falsified travel documents, although border authorities 
reported that Kyrgyz victims who admitted to the use of false documents 
or illegal entry into the country were not penalized.
    According to NGOs, the Government did not directly assist 
trafficking victims, including those repatriated, with any special 
services or care facilities, but it increasingly referred returned 
victims to private shelters such as Sezim. In November, the Government 
provided a 10-room space for Sezim as a replacement of its previous 
shelter quarters, free of charge. Sezim provided shelter for 80 adults 
and 24 children. Numerous NGOs conducted workshops for law enforcement 
officers. A number of NGOs, including Women's Support Center, TAIS-
Plus, New Chance Sezim and Podruga, provided legal, medical, and 
psychological counseling and assistance, and economic aid to 
trafficking victims. In addition to the Sezim shelter, in July an IOM-
sponsored shelter for trafficking victims opened in Osh. Several NGO-
sponsored media articles, public service announcements, and a traveling 
theater show publicized the dangers of working abroad, and posters on 
public transport raised public awareness of the problem. Numerous NGOs 
ran hotlines for victims.
    The IOM, OSCE, various local organizations, and foreign governments 
sponsored various preventive programs, including antitrafficking public 
service announcements, roundtables, and workshops to increase awareness 
among the government, nonprofit, tourism, and media sectors. During the 
year, the IOM provided assistance to 24 victims. The Government carried 
out or participated in a number of antitrafficking and education 
campaigns.

    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 law mandates 
access to buildings for persons with disabilities; however, the 
Government generally did not enforce these provisions in practice. The 
law provides for convenient access to public transportation and parking 
for persons with disabilities, subsidies to make mass media available 
to the hearing or visually impaired, and free plots of land for the 
construction of a home; however, in practice, few special provisions 
were in place to allow persons with disabilities access to 
transportation, public buildings, and mass media. In addition, persons 
with disabilities often had difficulty finding employment because of 
negative societal attitudes and high unemployment among the general 
population. The lack of resources made it difficult for persons with 
disabilities to receive adequate education. Social facilities for 
persons with mental disabilities were severely strained, due to low 
budgets and heavy workloads.
    A mental health advocacy group reported that respect for the rights 
of patients as well as conditions within psychiatric hospitals improved 
during the year; however, serious problems remained. The Government was 
unable to provide basic needs such as food, water, clothing, heating, 
and healthcare, and facilities were often overcrowded. Inadequate 
funding played a critical factor. Patients were often admitted 
involuntarily, including children too old to remain in orphanages. 
Patients were engaged in forced labor on hospital grounds (see Section 
6.c.). The NGO Mental Health and Society continued its work with the 
Ministry of Health to develop programs aimed at improving conditions in 
psychiatric hospitals.
    The Government provided support to a network of enterprises 
operated by the Society for Blind and Deaf and education programs for 
persons with disabilities. Numerous NGOs worked to improve conditions 
and provide services for children with disabilities.

    National/Racial/Ethnic Minorities.--There were reports of 
discrimination in the treatment of citizens who were not ethnic Kyrgyz. 
Minorities alleged discrimination, including from officials at all 
levels, in hiring, promotion, and housing. The latest statistical data 
released in August reflected the following ethnic breakdown of the 
population: 67.4 percent Kyrgyz; 10.3 percent Russian; 14.2 percent 
Uzbek; 1.1 percent Dungan (ethnic Chinese Muslims); and 1 percent 
Uighur. Other ethnic groups, including Tatars and Germans, comprised 
6.0 percent of the population.
    Low-level authorities at times harassed and discriminated against 
Uighurs. Some Uighurs reported discrimination in employment and 
negative societal attitudes and media coverage of their community, 
although there was a large number of Uighur-owned small businesses that 
operated without harassment during the year.
    In May, an Uighur representative alleged that unknown persons had 
threatened him over the telephone and warned him to stop his work with 
the Radio Free Asia Uighur-language service. Since then he has reported 
no further threats. The threats were believed to be mostly media 
driven.
    In December, police raided houses in Osh and the Aravan and Nookat 
districts, where a large Uzbek community resides, following a recent 
grenade blast in Osh (see Section 2.c.).
    The Constitution designates Kyrgyz as the state language and 
Russian as an official language and provides for preservation and equal 
and free development of minority languages. Russian-speaking citizens 
alleged that a ceiling precluded promotion beyond a certain level in 
government service. They also alleged that some otherwise qualified 
candidates were disqualified in elections in previous years on the 
basis of exams, the fairness of which was questioned. The Government 
did not take any action on a 2002 request by ethnic Uzbeks requesting 
that Uzbek be granted the status of a state language. However, both 
Uzbek and Russian are widely used both officially and unofficially. In 
April, President Akayev signed a new language law requiring, among 
other provisions, that the President, Prime Minister, Speaker of 
Parliament, and a number of other unspecified public servants have 
proficiency in Kyrgyz. However, at the same time the President signed a 
decree guaranteeing certain rights of non-Kyrgyz speakers and delaying 
full implementation of the new law until 2015.
Section 6. Worker Rights
    a. The Right of Association.--The law provides for the right of all 
workers to form and belong to trade unions, and workers exercised this 
right in practice. The Federation of Trade Unions (FTU) remained the 
only trade union umbrella organization in the country, although unions 
were not required to belong to it. The Federation has 1.024 million 
members, or 56.4 percent of the country's employed workforce. Growing 
numbers of smaller unions were not affiliated with the umbrella 
organization. One of the largest of these was the Union of 
Entrepreneurs and Small Business Workers, with a membership of 
approximately 50,000. The Federation must approve all draft legislation 
affecting workers' rights.

    b. The Right to Organize and Bargain Collectively.--The law 
recognizes the right of unions to organize and bargain collectively; 
however, there were no cases of workers exercising this right during 
the year. The Government set the minimum wage, after which each 
employer set its own wage level.
    While the right to strike was not codified, it was not prohibited; 
however, there were no strikes during the year.
    There are Free Economic Zones (FEZs) that function as export 
processing zones. The minimum wage law does not apply to the 
approximately 4,250 workers in FEZs; however, all other labor laws 
apply.

    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 Sections 6.d. and 5).
    The press continued to report that citizens were forced to work 
without pay on tobacco farms in Kazakhstan, although this practice 
declined significantly since the signing of a bilateral labor agreement 
between the Government and Kazakhstan. A number of NGOs also reported 
that up to 250 Kyrgyz citizens were being held against their will in 
China as collateral for loans.
    The director of the Osh Region Migration Service reported that five 
companies that illegally recruited migrant workers were closed down and 
that criminal proceedings were initiated against two of them. An NGO in 
Osh reported that two other firms were closed for illegally recruiting 
persons to work in the UAE, Russia, and Belarus.
    There were reports that patients in psychiatric hospitals were 
routinely used for unauthorized labor on hospital grounds and as 
domestic service for doctors and local farmers. The patients allegedly 
did not have a choice to refuse and were only paid with food.

    d. Prohibition of Child Labor and Minimum Age for Employment.--On 
August 4, the Government passed a new Labor Code, which provides for 
the protection of children from economic exploitation and from work 
that poses a danger to their health, or spiritual, physical, mental, or 
academic development. The National Human Rights Program for 2002-10 
also contains provisions aimed at eradicating exploitative child labor. 
According to the Labor Code, the minimum age for basic employment was 
16, except for certain limited circumstances including odd jobs such as 
selling newspapers.
    The new Labor Code eliminates previously contradictory requirements 
for the minimum age of employment of children in work that could harm 
their physical and moral well-being (such as employment in casinos, 
bars, and night clubs). In addition, a 2002 decree banned the 
employment of persons under 18 in a wide variety of categories of 
employment involving difficult or dangerous conditions, including such 
sectors as the metal or oil and gas industries, mining and prospecting, 
food industry, entertainment, and machine building.
    For children between 14 and 15 years of age, the maximum daily 
hours of work is 5 hours, and for children between 16 and 18 years it 
is 7 hours a day. These laws also apply to children with disabilities 
who work.
    Child labor was a problem and was still widespread both in towns 
and rural areas. According to participants in a 2002 conference on 
child labor, child laborers were prevalent in the following sectors: 
Tobacco, cotton, rice, cattle breeding, gasoline sales, car washing, 
shoe cleaning, retail sales of tobacco and alcohol. Families 
traditionally were large, and they considered it necessary at times for 
children to work at an early age to help support the family. Children 
also were involved in family enterprises such as shepherding, bread 
baking, selling products at roadside kiosks, and growing fruits and 
vegetables.
    According to reports from various NGOs, child labor was 
particularly evident in the South. During the fall, classes were 
cancelled, and children were sent to fields to pick cotton. During the 
summer, children worked during the tobacco harvest and were involved in 
all steps of production. Schools required children to participate in 
the tobacco harvest, some fields were located on school grounds, and 
the income went directly to the schools, not to the children.
    Internal trafficking of children for the purposes of sexual 
exploitation and labor remained a problem (see Section 5). Children 
were generally trafficked from poor rural areas to Bishkek and Osh.
    The procurator's office and the State Labor Inspectorate were 
responsible for enforcing employers' compliance with the Labor Code 
laws. During the year, the State Labor Inspectorate had 54 inspectors 
throughout the country. During the first 6 months of the year, the 
General Procurator's Office conducted 17 checks, resulting in 5 written 
notifications, 10 demands for immediate action, 11 warnings, and 1 
disciplinary action. Since many children worked for their families or 
were ``self-employed'' in such occupations as selling newspapers, 
pushing handcarts at markets, and selling cigarettes and candy on the 
streets, it was difficult for the Government to determine whether their 
work schedules and environment conformed to government regulations. The 
Legislative Assembly's Committees of Health Protection, Women and 
Family, and Education, Science, and Cultural Affairs oversaw the legal 
protection of the interests of minors whenever new laws were discussed 
in Parliament. Compliance with the labor code was enforced by trade 
unions. The Federation of Trade Unions also had the right to carry out 
child labor inspections when it received a complaint; there were no 
inspections during the year.
    Given its budget constraints and lack of resources, the Government 
was unable to enforce child labor laws adequately. Although employers 
caught violating the Labor Code could be charged with disciplinary, 
financial, administrative, or criminal penalties, punishment was 
usually minimal.
    The Government supported several social programs to prevent the 
engagement of children in exploitative child labor. Araket, a national 
poverty reduction program, provided financial support for low-income 
families. New Generation, a children's rights program, worked to define 
suitable working conditions for children and to introduce new methods 
of monitoring employers' compliance with labor legislation.
    The Government undertook additional initiatives to help protect 
minors from forced labor; however, since the budget was facing severe 
funding constraints, many children who were entitled to receive help 
did not receive it.

    e. Acceptable Conditions of Work.--The Government mandated national 
minimum wage of approximately $2.30 (100 KGS) per month did not provide 
a decent standard of living for a worker and family. However, 
industries and employers generally paid somewhat higher wages. The 
Federation of Trade Unions was responsible for enforcing all labor 
laws, including the Law on Minimum Wages; minimum wage regulations were 
largely observed. Salaries in the health care field were among the 
lowest, averaging $21.60 (943 KGS) per month. Although the enforcement 
of labor laws was nonexistent in the growing underground economy, 
market forces helped wages in the unofficial sector keep pace with 
official wage scales.
    The standard workweek was 40 hours, usually within a 5-day week. 
For state-owned industries, there was a mandated 24-hour rest period in 
the workweek.
    Safety and health conditions in factories were poor. A 
deterioration in enforcement of existing regulations continued to 
hamper investment to improve health and safety standards. The State 
Inspectorate of Labor was responsible for protecting and educating 
workers as well as informing business owners of their respective rights 
and responsibilities. The law establishes occupational health and 
safety standards, as well as enforcement procedures. Besides government 
inspection teams, trade unions were assigned active roles in assuring 
compliance with these laws, but compliance was uneven among businesses. 
The State Labor Inspectorate was tasked with carrying out inspections 
for all types of labor issues but rarely did so in practice. Workers 
had the right to remove themselves from workplaces that endangered 
their health or safety without jeopardy to their employment, and 
workers exercised this right in practice.

                               __________

                                 LATVIA

    Latvia is a parliamentary democracy. The Prime Minister, as chief 
executive, and the Cabinet are responsible for government operations. 
The President, as head of state, is elected by the Parliament, and 
Parliament elected Vaira Vike-Freiberga to a second 4-year term in June 
2003. The 2002 elections for the 100-seat Parliament and the September 
2003 national referendum on accession to the European Union (EU) were 
free and fair. The Constitution provides for an independent judiciary; 
however, although there were some improvements during the year, 
problems remained, including inefficiency and allegations of 
corruption.
    The security forces consist of the national police and other 
services, who are subordinate to the Ministry of Interior; municipal 
police who are under local government control; the Military 
Counterintelligence Service and a protective service, which are under 
the Ministry of Defense; and the National Guard, an element of the 
armed forces. Civilian authorities generally maintained effective 
control of the security forces. Some members of the security forces, 
including police and other Interior Ministry personnel, committed human 
rights abuses.
    The economy was largely market-based, although some large utility 
companies remained in state hands, including the national electric 
company and railroads. The country has a population of approximately 
2.3 million. Unemployment was 8.5 percent in November; at year's end, 
the inflation rate was 7.3 percent; and the overall economic growth 
rate was 8.5 percent through September.
    The Government generally respected the human rights of its citizens 
and the large resident noncitizen community; however, there were 
problems in some areas. Police brutality was a problem. Prison 
conditions remained poor, but facilities for long-term convicts 
continued to improve. Lengthy pretrial detention was a problem; 
however, the incidence declined somewhat. The judiciary did not always 
ensure the fair administration of justice. Societal violence against 
women remained a problem. Child abuse and child prostitution were 
problems. Trafficking in women and girls for the purpose of sexual 
exploitation was a problem.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Arbitrary or Unlawful Deprivation of Life.--There were no 
reports of the arbitrary or unlawful deprivation of life committed by 
the Government or its agents.

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

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The Constitution prohibits such practices; however, there 
were reports that some government officials employed them. The 
Government took steps to address the problem.
    In February, the U.N. Committee Against Torture expressed concern 
about ``allegations of serious ill-treatment of persons which in some 
cases could be considered as amounting to torture, by members of the 
police, especially at the time of apprehension and interrogation of 
suspects.'' The Latvian Center for Human Rights and Ethnic Studies 
(LCHRES) received allegations of severe abuse of persons in custody.
    Accurate statistics on allegations of police brutality were 
unavailable. The Ministry of Interior reported that there were 183 
complaints of police brutality in 2003 (including regional and national 
police forces); internal investigations confirmed 9 acts of abuse, and 
12 police officers were punished. During the year, the State Police 
received 107 complaints of police brutality; investigators confirmed 8 
incidents, and police officials punished 5 officers. On February 18, 
the State Police launched a criminal case against two police officers 
who beat two individuals apprehended for public drunkenness.
    LCHRES expressed concern that victims underreported incidents of 
police brutality. In February, LCHRES conducted a study in which it 
operated an anonymous hotline to collect allegations of police 
brutality. Over a 3-day period, LCHRES received 283 complaints 
regarding police misconduct, 130 of which referred to police brutality. 
The Latvian National Human Rights Office (NHRO) received 11 written and 
23 verbal complaints regarding misconduct during the year. The NHRO 
reported that the Ministry of Interior and police officials were 
cooperative in resolving complaints of police brutality, and the NHRO 
arranged for meetings between complainants and relevant law enforcement 
agencies where, according to NHRO officials, the Ministry of Interior 
collected testimony that it used to identify police officials guilty of 
abuse.
    Prison conditions remained poor, despite renovations and 
improvements. Progress continued in renovating older facilities. 
Prisons also continued to be overcrowded; however, overcrowding 
declined somewhat from 2003. The prison hospital was a major concern, 
and the Council of Europe (COE) stated that placing inmates in Riga's 
dilapidated Central Prison hospital amounted to torture. There were 28 
short-term facilities in the country designed to house detainees for no 
more than 72 hours, and both the COE and NHRO stated that conditions 
such as poor ventilation, and damp, dark, and unsanitary cells violated 
human rights standards in at least half of these centers.
    Female prisoners were held separately from male prisoners, and 
juveniles were held separately from adults. Persons in pretrial 
detention (34 percent of the total prison population) had limited 
contact with outside nongovernmental organizations (NGOs) or family and 
suffered from considerably worse living conditions than prisoners in 
general. Pretrial detainees were held separately from convicted 
criminals.
    The Government permitted independent human rights observers to 
visit prisons. Domestic groups, such as LCHRES, closely monitored 
prison conditions during the year.
    Illegal immigrants were held at the Olaine Detention Camp for 
Illegal Immigrants. According to an LCHRES report, the camp's physical 
conditions were acceptable, but the detainees (numbering 10 in October) 
did not have access to information about their rights and had limited 
recreation opportunities.

    d. Arbitrary Arrest or Detention.--The Constitution prohibits 
arbitrary arrest and detention, and the Government generally observed 
these prohibitions.
    The national police and other services, such as the Special 
Immigration Police and the Border Guards, are subordinate to the 
Ministry of Interior; municipal police are under local government 
control; and the National Guard, an element of the armed forces, also 
assists in police activities. Allegations of corruption and bribery 
within law enforcement ranks were frequent and affected the public's 
perception of police effectiveness. During the year, the State Police 
Internal Affairs Unit opened corruption-related criminal cases against 
19 law enforcement officials, including 13 police officers for bribery; 
an additional 6 police officers were convicted of bribery.
    The law requires the Prosecutor's Office to make a formal decision 
whether to charge or release a detainee within 72 hours after arrest. 
Charges must be filed within 10 days of arrest. The courts have 
responsibility for issuing arrest warrants. Detainees have the right to 
have an attorney present at any time. These rights are subject to 
judicial review but only at the time of trial. A bail system exists; 
however, it was infrequently used and applied most often in cases of 
economic crimes.
    The law limits pretrial detention to no more than 18 months from 
the first filing of the case; however, lengthy pretrial detention was a 
problem, which the Ministry of Justice took steps to address. During 
the year, the court adjudicated cases for the majority (63.7 percent) 
of defendants facing criminal charges in fewer than 3 months; the court 
heard 80.5 percent of criminal cases in fewer than 6 months. The court 
imposed pretrial detention only in violent cases and where pretrial 
flight was a concern. Fewer defendants experienced pretrial detention 
of greater than 1 year compared to the previous year. During the year, 
the country initiated plea-bargaining for the first time. Prosecutors 
and defendants negotiated pleas and sentencing details in more than 700 
cases during the year. The problem of lengthy pretrial detention of 
juveniles lessened, as courts enforced a 6-month limit for detaining 
juveniles prior to trial. Longer-term detention requires special 
circumstances and a court order. During the year, the number of minors 
in pretrial detention decreased to 116 from 239 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, significant problems, including 
inefficiency and allegations of corruption, remained.
    The judicial system is composed of district (city) courts; regional 
courts, which hear appeals from district courts; a separate 
Administrative Court adjudicates administrative violations; the Supreme 
Court, which is the highest appeals court; and the seven-member 
Constitutional Court, which hears cases regarding constitutional issues 
at the request of state institutions or individuals who believe that 
their constitutional rights were violated. For more serious criminal 
cases, two lay assessors join the professional judge on the bench at 
the district and regional levels.
    Corruption in the judicial system was allegedly widespread. The 
Anti-Corruption Bureau (ACB) was active. During the year the ACB 
initiated 35 criminal cases, compared with 21 in 2003. During the year, 
the Prosecutor General's Office secured a conviction and 10-year 
sentence against one of its former prosecutors for accepting and 
soliciting bribes. The ACB arrested and launched a criminal case 
against another prosecutor for corrupt practices. The Prosecutor 
General dismissed the accused prosecutor, and the criminal case was 
ongoing at year's end.
    Most judges had inadequate judicial training, and many of the 
judiciary's decisions were not enforced, due primarily to the lack of 
an effective bailiff or sheriff system. The law allows for alternative 
punishments, including community service, and the courts have been 
using this more frequently. In 2003, the courts sentenced 1,359 
defendants to community service, compared with 183 in 1999. Through the 
first 6 months of the year, 755 defendants received community service 
sentences.
    A time-consuming judicial process and a shortage of judges 
overloaded the courts. Concern about pretrial detention remained, but 
the incidence was falling. The NHRO received 108 complaints (including 
criminal and civil cases) during the first 6 months of the year 
regarding slow judicial proceedings.
    Trials may be closed if government secrets might be revealed or to 
protect the interests of minors. All defendants have the right to hire 
an attorney, and the Government provided funds to indigent defendants 
for this purpose. Defendants have the right to read all charges, 
confront all witnesses, and may call witnesses and offer evidence to 
support their case. They also may make multiple appeals.
    There were no reports of political prisoners.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The law prohibits such actions, and the Government 
generally respected these prohibitions in practice.
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 Press Law prohibits censorship of the press or other mass 
media; however, the Law on the Media contains a number of restrictive 
provisions regulating the content and language of broadcasts. During 
the year, the Constitutional Court overturned a law that had limited 
the hours of television programming that could be broadcast in 
languages other than Latvian.
    The Government generally did not restrict access to the Internet.

    b. Freedom of Peaceful Assembly and Association.--The Constitution 
provides for freedom of assembly, and the authorities may not prohibit 
public gatherings; however, organizers of demonstrations must provide 
advance notice to local authorities, who may change the time and place 
of public gatherings for such reasons as fear of public disorder. The 
law also requires protesters to remain specified distances from foreign 
diplomatic missions, the Parliament, the Prosecutor's Office, and 
certain other public institutions. Independent human rights 
organizations argued that the law's provisions were contradictory and 
confusing. Nevertheless, numerous demonstrations took place peacefully 
and without government interference during the year.
    In August, two NGOs staged a small, unauthorized protest in front 
of the Parliament against the country's nominee to the European 
Commission. The Administrative Court sanctioned the organizers. The 
President and other members of the Government criticized the NGOs, 
stating that their attempts to influence government decisions violated 
the Constitution and declared that if NGOs want to engage in politics 
then they should register as political parties. The NGOs expressed 
concern that these criticisms could dampen political expression or lead 
to self-censorship. Subsequently, the President publicly noted the 
important role that NGOs play in civil society.
    The Constitution provides for freedom of association, and the 
Government generally respected these rights in practice; however, the 
law bars the registration of Communist, Nazi, or other organizations 
whose activities would contravene the Constitution. Noncitizens may 
join and form political parties, but there must be at least 200 
citizens in the party, and at least half of the total membership must 
be citizens (see Section 3).

    c. Freedom of Religion.--The Constitution provides for freedom of 
religion, and the Government generally respected this right in 
practice; however, bureaucratic problems for minority religions 
persisted.
    There is no state religion; however, the Government distinguishes 
between ``traditional'' (Lutheran, Roman Catholic, Orthodox, Old 
Believers, Baptist, and Jewish) and ``new'' religions.
    Although the Government does not require the registration of 
religious groups, the law accords religious organizations certain 
rights and privileges when they register, such as status as a separate 
legal entity for owning property or for other financial transactions.
    According to Ministry of Justice officials, most registration 
applications were approved once proper documents were submitted; 
however, the law does not permit simultaneous registration of more than 
one religious union (church) in a single confession, and the Government 
has denied applications on this basis.
    Foreign evangelists and missionaries were only permitted to hold 
meetings and to proselytize if domestic religious organizations invited 
them to conduct such activities. Foreign religious denominations 
criticized this provision.
    The law provides that only representatives of the Evangelical 
Lutheran, Roman Catholic, Orthodox, Old Believers, Baptist, and Jewish 
religions may teach religion to students in public schools on a 
voluntary basis. The State provides funds for this education. Students 
at state-supported national minority schools also may receive education 
on the religion ``characteristic of the national minority'' on a 
voluntary basis.
    In September 2003, vandals overturned tombstones and sprayed anti-
Semitic graffiti on the walls of Riga's New Jewish Cemetery; national 
leaders condemned the act and city authorities quickly repaired the 
damage. There were no such incidents reported during the year.
    The Latvian Nationalist Front, an extremist organization, published 
anti-Semitic statements in its newspaper, ``Deoccupation, 
Decolonization, Debolshevisation'' (DDD). The Ministry of Social 
Integration referred DDD to the Prosecutor's Office to evaluate whether 
the publication breaches laws against inciting ethnic hatred.
    In October, a nationalist organization distributed a commemorative 
envelope bearing the likeness of a citizen aviation pioneer who also 
participated in the Holocaust. The Foreign Minister condemned the 
activity.
    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 stipulates that registered permanent resident noncitizens 
enjoy the right to establish and change residences, travel abroad, and 
return to the country, and provides for the issuance of a noncitizen 
travel document that certifies these rights; however, certain rights 
are denied to noncitizen residents (see Section 3). They are prohibited 
from working as armed guards or criminal trial attorneys. Noncitizens 
may own land only under complex procedures and may not purchase land in 
the border zones. The Government has readmitted noncitizens who claimed 
refugee status in a foreign country or who voluntarily abandoned their 
permanent residence and then decided to return to the country to live 
and work. Noncitizens who left the country as refugees during the 
Soviet era had no difficulty returning on foreign refugee travel 
documents for business reasons or for family visits. The Government 
also extends protections to noncitizen residents who travel abroad.
    The law prohibits forced exile, and there were no reports that the 
Government employed 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 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 and other humanitarian organizations in 
assisting refugees. The Government also provided temporary protection 
to individuals who may not qualify as refugees under the 1951 
Convention/1967 Protocol.
    Special immigration police and border guard units helped prescreen 
asylum requests. Decisions of the Citizens and Migration Affairs Office 
may be appealed to the Asylum Appeals Board in the Ministry of Justice. 
In 2003, five persons (three from Egypt, one from Belarus, and one from 
Azerbaijan) sought but were not granted asylum, and there were eight 
persons in the country with refugee status. According to government 
statistics neither asylum nor refugee status was granted to any 
applicants 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. Free and fair elections for Parliament were held in 
2002, and the Parliament elected the President in June 2003.
    In February, Einars Repse resigned as Prime Minister. The President 
invited Indulis Emsis to form a new government. The Parliament approved 
Emsis' new minority government in March. The Emsis government collapsed 
on October 28 when the Parliament failed to support amendments to the 
budget. A new government under Prime Minister Kalvitis was formed in 
December.
    The country entered the EU in May. In June, citizens elected 
representatives to the EU Parliament.
    Only citizens have the right to vote in national and local 
elections. The Organization for Security and Cooperation in Europe's 
High Commissioner for National Minorities recommended that the country 
grant long-time noncitizen residents the right to vote in municipal 
elections. Noncitizens may join and form political parties, but there 
must be at least 200 citizens in the party, and at least half of the 
total membership must be citizens.
    The election law prohibits persons who remained active in the 
Communist Party or various other pro-Soviet organizations after January 
1991 or who worked for such institutions as the former Soviet Committee 
for State Security from seeking elected office. During the year, the 
European Court of Human Rights ruled that barring Tatyana Zhdanok, a 
citizen and former Communist, from running for Parliament violated the 
right to free elections and assembly and ordered the Government to pay 
her approximately $28,000 (15,000 lats) in compensation. In June, 
voters elected Zhdanok to serve in the EU Parliament.
    There was a widespread perception of corruption throughout all 
levels of the Government. The ACB initiated 35 criminal cases during 
the year (compared with 21 in 2003). In the most prominent corruption 
case, the Prosecutor General secured a conviction and 10-year prison 
sentence against a prosecutor.
    A 1999 Cabinet of Ministers regulation provides a mechanism for 
public access to government information. The Government generally 
respected the regulation in practice.
    There were 21 women in the 100-member Parliament, which was chaired 
by a woman. There were 4 women in the 18-member Cabinet of Ministers. 
The President was a woman. The Speaker of the Parliament was a woman.
    Nonethnic Latvians, including ethnic Russians and Poles, served in 
various elected bodies. According to the Parliament's website, the 100-
seat Parliament included 15 ethnic Russians, 1 ethnic Pole, 1 Jew, 1 
Karelian, and 4 others who declined to list their ethnicity.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    A number of domestic and international human rights groups 
generally operated without government restriction, investigating and 
publishing their findings on human rights cases. Government officials 
were generally cooperative and responsive to their views.
    NHRO is an independent governmental institution with a mandate to 
promote human rights, provide information on human rights, investigate 
individual complaints, and initiate its own investigations into alleged 
violations. The office acted as a general ombudsman on social issues 
and handled a variety of individual complaints, primarily concerning 
problems with receiving social benefits.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The law prohibits discrimination due to race, gender, language, or 
disability; however, societal discrimination against women was a 
problem.

    Women.--Observers reported that domestic violence was a significant 
and underreported problem. Victims of abuse often were uninformed about 
their rights and were reluctant to seek redress through the justice 
system. Human rights groups asserted that the legal system, including 
the courts, sometimes did not take domestic violence cases seriously, 
and that the police were often reluctant to make arrests in such cases.
    There were no shelters designed specifically for battered or abused 
women. There are no specific rape or assault hotlines; however, NGOs 
managed two crisis hotlines.
    The law specifically criminalizes rape but does not recognize 
spousal rape. During the year, the court convicted 54 persons on rape 
charges, 15 persons for sexual abuse, and 15 persons for sexual abuse 
of children under the age of 16. A local NGO, the Skalbes Crisis Center 
reported that rape laws were ineffective and stated that rapes were 
underreported due to a tendency by the police to blame the victim.
    Prostitution is legal (although procuring is not), but the NHRO 
reported that adult prostitutes had no legal protections. Prostitution 
was widespread and often was linked to organized crime. According to 
the State Police's vice squad, 300 women in Riga worked regularly as 
prostitutes. The police further noted that prostitution was becoming 
less prevalent as the economy continued to grow. There were no state 
institutions to assist prostitutes; however, the private Latvian Center 
for Gender Problems provided medical help and social support for 
prostitutes.
    Trafficking in women for sexual exploitation was a problem (see 
Section 5, Trafficking).
    Sexual harassment of women in the workplace, although illegal, 
reportedly was common. Cultural factors tended to discourage women from 
coming forth publicly with complaints of abuse.
    The law prohibits employment discrimination; however, in practice, 
women frequently faced hiring and pay discrimination, especially in the 
emerging private sector. The law puts the burden of proof in gender 
discrimination cases on the employer; however, NHRO reported that a 
lack of public awareness limited the law's effectiveness. The law also 
prohibits women from performing ``hard jobs or jobs having unhealthy 
conditions,'' which are specified in a list agreed upon by the Cabinet 
and labor unions.
    The law prohibits work and pay discrimination based on gender and 
requires employers to set equal pay for equal work. Some local NGOs 
questioned the ability of the Government to enforce gender equality 
laws, claiming that the police agencies responsible for enforcing such 
laws lacked the skills to do so.

    Children.--The law on the rights of the child and constitutional 
provisions on children provide various protections, including health 
care and legal protections against physical abuse; however, these 
provisions were not enforced fully in practice. Schooling is mandatory 
through the 9th grade, between the ages of 7 and 16, and free through 
the 12th grade, or age 18.
    Abandonment and child abuse, including sexual abuse, were 
relatively widespread. NGOs reported that laws against child abuse were 
enforced effectively. Law enforcement authorities have won court suits 
to remove children from abusive parents and secured convictions in 
child molestation cases. Children who were from families that were 
unable to care for them had access to government-funded boarding 
schools that provided adequate living conditions; however, these 
schools offered lower educational standards than regular state schools.
    The Dardedze Center Against Abuse in Riga continued to provide 
support to abused children. The center offered multidisciplinary 
treatment and rehabilitation to victims of child abuse and their 
families.
    Child prostitution was a problem; however, police reported that, 
due to the imposition of severe penalties for rape and sexual 
exploitation of minors, the reported incidence of child prostitution 
sharply declined during the year. According to the police, previous 
estimates that 12 to 15 percent of prostitutes were between the ages of 
8 and 18 were exaggerated and noted that there were only a few reported 
cases during the year. Nevertheless, legal protections for children 
were enforced rarely in the case of child prostitutes.
    Trafficking in young girls for sexual exploitation abroad remained 
a problem (see Section 5, Trafficking).
    There is a national Center for the Protection of the Rights of the 
Child. A few children's advocacy groups were active, particularly in 
lobbying for legislation to protect children's rights and for increased 
welfare payments for children.

    Trafficking in Persons.--The law prohibits trafficking in persons; 
however, trafficking in women and girls remained a problem.
    The law specifically prohibits ``trafficking in persons''; however, 
most traffickers were prosecuted under a statute of the Criminal Code 
that prohibits sending persons abroad for sexual exploitation. The law 
provides for sentences of up to 15 years' imprisonment for trafficking 
in persons and for sentences of up to 6 years' imprisonment for sending 
persons abroad for sexual exploitation. During the year, the number of 
investigations into crimes related to trafficking increased. During the 
first 8 months of the year, a total of 13 persons were convicted, 11 of 
them received conditional sentences, which are similar to probation. 
Although there were severe penalties under the law against trafficking 
in persons, the courts in all cases only applied those sections of the 
law that criminalize pimping and alien smuggling for sexual 
exploitation and did not carry severe penalties.
    Cooperation between the border guards, police, and NGOs increased 
and contributed to the effective control of the border areas. 
International cooperation in investigations and prosecutions was well 
established with Denmark and Germany. In comparison with previous 
years, cooperation with Swedish, Lithuanian, Estonian, and Finnish law 
enforcement agencies improved. The Border Guard Service managed an 
information database used to reveal trafficking trends.
    On March 2, the Cabinet approved the National Action Plan to Combat 
Trafficking in Persons. A high-level working group on trafficking at 
the Ministry of Interior, including representatives from the State 
Police, Citizenship and Migration Department, the Ministry of Foreign 
Affairs, the Ministry of Justice, the Ministry of Welfare, the Ministry 
for Children Issues, and NGOs, was the principal government body 
implementing the action plan.
    During the year, the working group successfully guided two 
amendments to the Criminal Law through the Parliament. The first 
amended the law to expand the definition of trafficking in persons to 
include internal trafficking. The second amendment made sending persons 
abroad for sexual exploitation a felony, increased the penalty under 
the law to 6 years' imprisonment, and made victims of the crime 
eligible for special protection. In addition, the working group made 
the Ministry of Interior's Mucenieki Refugee Center available as a 
shelter for trafficking victims, developed an anti-trafficking 
curriculum for high schools, and initiated a study of the problem of 
sex tourism in the country.
    The country was primarily a source and transit point for trafficked 
victims. The main countries of destination were Germany, Denmark, 
Switzerland, and England. There were reports, including from the 
European Police Service, that trafficking in women and girls for 
prostitution abroad increased. Trafficking within the country also 
occurred, and women from poor districts were often trafficked for 
sexual exploitation to Riga, Liepaja, and Ventspils.
    Traffickers, primarily organized criminal groups, usually lured 
victims through offers of false employment for jobs such as dancers, 
bartenders, and babysitters in European countries. A large number of 
victims were drawn from the economically depressed areas of the 
country's eastern regions. While some victims were recruited through 
job advertisements or modeling and travel agencies, most victims were 
solicited through direct contact with traffickers. Traffickers often 
recruited their victims at cafes and clubs, and victims themselves 
recruited new victims for the traffickers.
    There were some assistance programs, principally organized by NGOs 
and the International Organization for Migration (IOM); however, the 
Government recognized a need for more government involvement. The 
Council of Youth Health Centers continued its operations to educate 
adolescents regarding trafficking issues and to organize local working 
groups to combat trafficking in Riga and Liepaja. The IOM and several 
NGOs sponsored conferences on trafficking, and there were multiple 
anti-trafficking education campaigns. In addition, the IOM sponsored an 
aggressive advertising campaign warning of the dangers of accepting 
attractive employment offers from abroad. The IOM and others supported 
a project to invite high school and college students to screenings of 
the film Lilya 4-Ever, which depicts the life of a young trafficking 
victim.
    The Government recognizes its responsibilities for the protection 
of trafficking victims in the National Action Plan to Combat 
Trafficking in Persons; however, lack of resources and competing budget 
priorities have limited its ability to provide direct assistance to 
trafficking victims. Currently, most assistance to trafficking victims 
comes from local NGOs. Marta Centers, operating in cooperation with the 
IOM and partially funded by foreign grants, offered assistance to 
trafficking victims in the form of crisis counseling, professional 
referrals, and reintegration assistance. The Government did provide its 
Mucenieki Refugee Center as a shelter for trafficking victims. At 
year's end, only 15 victims had sought available assistance.

    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; 
however, most buildings were not accessible. Some larger cities, 
including Riga and Ventspils, have undertaken an extensive wheelchair 
accessible program at intersections.
    No law documents the rights of persons with mental disabilities, 
nor is there a mechanism for appealing compulsory admission and 
treatment for mental illness. In March 2003, the LCHRES and the Mental 
Disability Advocacy Centre (Budapest) stated that ``the review 
procedure for detention on grounds of mental disability fails to meet 
human rights standards, the criteria for compulsory admission into 
psychiatric institutions are too broad, and the provisions on consent 
to treatment does not meet international principles.'' The NHRO further 
stated that committed patients suffered abridged rights that prevented 
them from corresponding with relatives and placed arbitrary 
restrictions on freedom of communication.

    National/Racial/Ethnic Minorities.--There was public debate about 
the existence of discrimination on the basis of ethnicity, particularly 
with respect to the country's language laws and education reforms, 
which Russian-speaking minority groups publicly criticized. .
    Approximately 1 million residents are of non-Latvian ethnicity, 
including 677,000 ethnic Russians, 92,000 ethnic Belarusians, 61,000 
ethnic Ukrainians, and 58,000 ethnic Poles. More than 78 percent of the 
country's inhabitants are citizens, including more than 450,000 persons 
who belong to national or ethnic minorities. There are 470,000 resident 
noncitizens, of whom an estimated 67 percent are Russian; 13 percent 
Belarusian; 9 percent Ukrainian; and smaller percentages of Poles, 
Lithuanians, Jews, Roma, Germans, Tatars, Estonians, and Armenians. Due 
to the Russification policy pursued during the Soviet era, ethnic 
Latvians constitute only 58.7 percent of the population, and 75 percent 
of citizens--and less than 50 percent of the population in four of the 
country's seven largest cities, including the capital city of Riga.
    The country's Romani community nearly was destroyed during the 
Holocaust. A report by LCHRES in 2003 estimated that the Romani 
population is between 13,000 and 15,000. While the community received 
some support from the Government, the LCHRES study reported high levels 
of unemployment and illiteracy among the Roma. More than 40 percent of 
Roma have a fourth grade or lower education, and more than 95 percent 
do not have official employment.
    The Government supported education in both Latvian and Russian, as 
well as in seven other minority languages. However, under the revised 
Education Law, the Government continued to implement a bilingual 
education program at the elementary school level, with the goal of 
providing more than half of the course-content in Russian-language 
secondary schools in Latvian. Although all non-Latvian-speaking 
students in public schools were supposed to learn Latvian and to study 
a minimum number of subjects in Latvian, there was a shortage of 
qualified teachers. State-funded university education was in Latvian, 
and incoming students whose native language was not Latvian must pass a 
language entrance examination. Several private institutions offered 
higher education in Russian.
Section 6. Worker Rights
    a. The Right of Association.--The law stipulates that workers, 
except for the uniformed military and police, have the right to form 
and join labor unions of their own choosing. Union membership was 
180,000 out of a workforce of approximately 1 million in 2003.

    b. The Right to Organize and Bargain Collectively.--Labor unions 
have the right to bargain collectively and are generally free of 
government interference in their negotiations with employers. 
Collective bargaining agreements were common and were negotiated by 
industry or company. The law recognizes the right to strike, subject to 
limitations including prolonged prestrike procedures and prohibition of 
some types of solidarity strikes and political strikes.
    Workers exercised the right to strike during the year. Labor 
regulations prohibit certain professions from striking: Judges, 
prosecutors, police, fire fighters, border guards, employees of state 
security institutions, prison guards, and military personnel. A labor 
law addressing disputes identifies arbitration mechanisms that unions 
and members of the professions forbidden from striking may use in lieu 
of striking. There are no special laws or exemptions from regular labor 
laws in the four special economic zones.

    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.--The 
law restricts employment of those under the age of 18 by prohibiting 
night shift or overtime work. The statutory minimum age for employment 
of children is age 15, although children between the ages of 13 and 15 
may work in certain jobs outside of school hours.
    Children were trafficked for sexual exploitation and child 
prostitution was also a problem (see Section 5).
    Inspectors from the Ministry of Welfare's State Labor Inspectorate 
were responsible for enforcing the child labor laws.

    e. Acceptable Conditions of Work.--The legally mandated monthly 
minimum wage of approximately $146 (80 lats) did not provide a decent 
standard of living for a worker and family. Through September, the 
actual average monthly wage was $378 (206 lats).
    The law provides for a mandatory 40-hour maximum workweek with at 
least one 42-hour rest period weekly, 4 weeks of annual vacation.
    The laws establish minimum occupational health and safety standards 
for the workplace. In the first 6 months of year, 27 fatal workplace 
accidents and 605 workplace injuries were reported. Workers have the 
legal right to remove themselves from hazardous work situations without 
endangering their continued employment; however, authorities did not 
enforce this right.

                               __________

                             LIECHTENSTEIN

    The Principality of Liechtenstein is a constitutional monarchy with 
a parliamentary government. Prince Hans-Adam II is the head of state. 
On August 15, Hereditary Prince Alois took on the duties of head of 
state, exercising the rights of office on behalf of the Reigning 
Prince. All legislation enacted by the popularly elected Parliament 
(Landtag) must have the concurrence of the Monarch and the Prime 
Minister. The amendments of the Constitution, adopted in a national 
referendum in March 2003, took effect in September 2003. The Parliament 
nominates and the Prince appoints the members of the Government. The 
Parliament was elected in 2001; the dominating Progressive Citizen's 
Party holds all cabinet seats. The judiciary is independent.
    Civilian authorities maintained effective control of the security 
forces, which are composed of the regular and auxiliary police under 
the Interior Ministry. There is no standing military force. There were 
no reports that security forces committed human rights abuses.
    The country had a prosperous, highly industrialized, free-
enterprise economy with a vital services sector. It participated in a 
customs union with Switzerland and used the Swiss franc as its national 
currency. Its 34,294 citizens enjoyed a very high standard of living. 
Inflation remained low at 0.8 percent.
    The Government generally respected the human rights of its 
citizens, and the law and judiciary provided effective means of 
addressing individual instances of 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 law prohibits such practices, and there were no 
reports that government officials employed them.
    Prison conditions generally met international standards, and the 
Government permitted visits by independent human rights observers.
    Men and women were held separately. Facilities were available to 
hold juvenile prisoners separately from adults in a pretrial detention 
facility, but there were no cases of juvenile imprisonment during the 
year. If a juvenile offender was convicted of a crime requiring 
imprisonment, the convicted juvenile could be transferred to a youth 
facility in Austria. Pretrial detainees were held separately from 
convicted criminals.

    d. Arbitrary Arrest or Detention.--The law prohibits arbitrary 
arrest and detention, and the Government generally observed these 
prohibitions.
    Police automatically report allegations of misconduct to the 
prosecutor's office, and any person subject to wrongful police action 
also can file a complaint with the chief of police. A failure of either 
the prosecutor's office or the chief of police to open an investigation 
can be appealed to the Government and, subsequently, to the 
administrative courts.
    Within 24 hours of arrest, police must bring suspects before an 
examining magistrate who must either file formal charges or order 
release. The law grants suspects the right to legal counsel of their 
own choosing, and counsel was provided at government expense to 
indigent persons. Release on personal recognizance or bail is permitted 
unless the examining magistrate has reason to believe that the suspects 
are a danger to society or would not appear for trial.
    In July, the U.N. Human Rights Commission (UNHRC) expressed concern 
about shortcomings in the protection of arrested or detained persons, 
noting that the law does not require informing them of their right to 
remain silent, their right to be brought promptly before a judge, and 
to have access to legal counsel.

    e. Denial of Fair Public Trial.--The Constitution provides for an 
independent judiciary, and the Government generally respected this 
provision in practice.
    In July, the UNHRC expressed concern that the mechanism for 
appointment and tenure of judges, revised under 2003 constitutional 
amendments, may not be compatible with the principle of the 
independence of the judiciary.
    The judicial system has three tiers: A court of first instance, the 
appellate court, and the Supreme Court. The court of first instance is 
the National Court (Landgericht). In addition, an Administrative Court 
hears appeals against government decisions. The State Court 
(Staatsgerichtshof) protects the rights accorded by the Constitution, 
decides conflicts of jurisdiction between the law courts and the 
administrative authorities, and acts as a disciplinary court for 
members of the Government.
    The Constitution provides for the right to a fair trial, and an 
independent judiciary generally enforced this right. Citizens had the 
right to counsel and the right to appeal, ultimately to the Supreme 
Court (Oberster Gerichtshof). Trials involving minor offenses were 
heard by a single judge, more serious or complex cases by a panel of 
judges, and the most serious cases, including murder, by a public jury.
    The Constitution authorizes the Prince to alter criminal sentences 
or pardon offenders. However, if the offender is a member of the 
Government and is sentenced for a crime in connection with official 
duties, the Prince may take such action only if the Parliament requests 
it.
    There were no reports of political prisoners.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The Constitution prohibits such actions, and the 
Government generally respected these prohibitions in practice.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The Constitution provides for 
freedom of speech and of the press, and the Government generally 
respected these rights in practice 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.

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

    c. Freedom of Religion.--The Constitution provides for freedom of 
religion, and the Government generally respected this right in 
practice.
    The Constitution establishes the Roman Catholic Church as the 
official state church, and its finances are integrated directly into 
the budgets of the national and local governments. The Catholic Church 
is entitled to annual State contributions of $242,000 (300,000 Swiss 
francs). The Government also supported denominations other than the 
Catholic Church, and it continued to seek a wide consensus on a new 
agreement on the relationship between the State and the Catholic 
Church.
    In July, the UNHRC expressed concern about the unequal treatment of 
different religious denominations in the allocation of public funds and 
urged the Government to review its policies to ensure an equitable 
distribution of these funds.
    Roman Catholic or Protestant religious education was compulsory in 
all primary schools, but the authorities routinely granted exemptions 
for children whose parents requested them. Secondary school students 
were offered a choice between traditional confessional religious 
education (provided for by the Catholic or the Protestant Church) or 
non-confessional classes on ``ethics and culture.'' Denominations other 
than the Catholic and the Protestant Church were free to regulate their 
own religious education.
    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 law nor the Constitution prohibits forced exile, but 
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 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 and other humanitarian organizations in 
assisting refugees and asylum seekers. The overall number of asylum 
requests increased following the 1998 asylum law; however, it leveled 
off in recent years. During the year, the Government received 74 
applications for asylum, and granted residency on humanitarian grounds 
in 7 instances.
    The Government also provided temporary protection to persons who 
may not qualify as refugees under the 1951 Convention or the 1967 
Protocol; however, since the country lacks an airport or international 
train station, it received few requests.
    A trilateral agreement with Switzerland and Austria requires the 
Government to return persons who enter from Austria or Switzerland 
without permission to the respective authorities.
    The Government used a list of ``safe countries of origin'' to 
decide asylum applications; the list was identical with list being used 
by the government of Switzerland.
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 monarchy and a parliamentary 
democracy. The monarchy is hereditary in the male line. The 25-member 
unicameral legislature is elected every 4 years through secret 
balloting and universal suffrage for adults over the age of 18. 
Political parties operated freely. Citizens regularly voted on 
initiatives and referendums.
    On August 15, the country's National Day, Prince Hans-Adam II 
passed on the duties of office of head of state to Hereditary Prince 
Alois, his eldest son. Alois is to exercise the rights on behalf of his 
father, who remains Reigning Prince and Head of State. The appointment 
of the Hereditary Prince as permanent representative of the Reigning 
Prince was intended to smooth the transition of power from father to 
son.
    The law requires the Government to inform the public of its 
activities, and government information was available freely to all 
persons living in the country, including foreign media.
    There were 3 women in the 25-seat Parliament and 1 in the 5-seat 
Cabinet. A growing number of women were active in politics. Women 
served on the executive committees of the major parties.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    A few domestic and international human rights groups generally 
operated without government restriction, investigating and publishing 
their findings on human rights cases. Government officials were 
cooperative and responsive to their views.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The law prohibits discrimination on the basis of race, sex, 
language, or social status. The law also prohibits public incitement to 
violence or public agitation or insult directed against a race, people, 
or ethnic group.
    A government working group on issues of social discrimination 
recommended extending the mandate of the Government's Office for Gender 
Equality to address discrimination based on national origin, 
disability, religion, or sexual orientation and to increase its staff.
    In July, the UNHRC welcomed the measures taken by the Government to 
promote equality and integration of noncitizens but regretted that the 
principle of equality before the law for all the individuals was only 
indirectly recognized in the Constitution. It was also concerned about 
the persistence of xenophobia and intolerance, especially against 
Muslims and people of Turkish origin. The Commission urged the 
Government to amend the Constitution to provide for the principle of 
equality before the law for all individuals under its jurisdiction and 
to intensify its efforts to combat right-wing extremism and other 
expressions of xenophobia and religious intolerance.

    Women.--The law prohibits all forms of domestic violence. According 
to police, there were 29 police interventions for cases of domestic 
violence during the year, in which 22 male aggressors were prevented 
from reentering the family home for 10 days and 9 for a further period 
of 3 months. The Government may file charges without a complaint from 
the victim. Frauenhaus, a woman's shelter nongovernmental organization 
(NGO), stated that one out of five women was a victim of domestic 
violence.
    The Government concluded a joint project with Swiss and Austrian 
neighboring regions to combat domestic violence with additional 
awareness-raising activities and issued a best-practice guideline in 
several languages for affected friends and relatives.
    Spousal rape has the same penalties as rape under other 
circumstances. The sentence may be lowered if the victim decides to 
remain with the abusive spouse.
    Frauenhaus provided refuge for 12 women and 14 children during the 
year. The shelter also provided refuge for nonresidents. Annual 
government financing for the shelter was approximately $258,000 
(320,000 Swiss francs). NGOs believed that, as in neighboring 
countries, trafficking in women occurred; however, no specific cases 
were documented during the year.
    Both the Penal Code and the Equal Opportunity Law prohibit sexual 
harassment, which is punishable by up to 6 months in prison or a fine. 
Employers are required to take reasonable measures to prevent sexual 
harassment, and failing to do so may entail damages to a victim of up 
to $32,000 (40,000 Swiss francs). There were nine proceedings for 
sexual harassment during the year of which six were closed and three 
remained pending at year's end.
    Societal discrimination continued to limit opportunities for women 
in fields traditionally dominated by men. Men earned more than women, 
and women generally did not receive equal pay for equal work. The 
Constitution provides for women's rights, and a significant number of 
laws provide for equality of treatment among men and women to eliminate 
discrimination and sexual harassment and to create conditions that 
allow both men and women to combine work and family. The law mandates 
the division of retirement benefit claims in the case of divorce, under 
which the benefit claims accrued during the time of marriage are split 
between the parties, whether they worked outside the home or not. In a 
precedent ruling on gender discrimination in 2003, a court upheld a 
woman's claim for equal pay for equal work and ordered the payment of 
the salary difference since she began legal action.
    Each spring, the Government adopts an action plan to promote equal 
opportunity for both women and men, and, each autumn, the Government's 
Bureau for the Promotion of Equal Rights for Women and Men publishes a 
progress report. The action plan this year concentrated on the 
representation of women in political bodies as well as promoting equal 
opportunities in business life. During the year, the Government 
organized mentoring classes for women to motivate and promote female 
candidates for the 2005 parliamentary elections.

    Children.--The Government was strongly committed to children's 
rights and welfare and funded a system of public education and health 
care. Education is universal and compulsory until the 9th grade; it is 
free through the end of high school. It provided free health care for 
children under the age of 16.
    The Government supported programs to protect the rights of children 
and matched contributions made to three NGOs that monitored children's 
rights. The Office for Social Services oversaw the implementation of 
government-supported programs for children and youth.
    There were some reports of abuse of children, although there was no 
societal pattern of such abuse. During the year, there were no 
convictions for child abuse. The Commission for the Coordination of 
Professionals in Cases of Sexual Offenses Against Children consists of 
experts from different backgrounds and focuses on assisting 
professionals (counselors, therapists, and physicians) who deal with 
sexual offenses against children. The commission has undertaken public 
awareness-raising campaigns. In 2003, it was contacted in 12 cases of 
suspected sexual abuse.
    Possession of child pornographic material is a statutory offense. 
The Government also extended the statute of limitation for sexual 
offenses against children. A special police unit on computer crime 
continued to monitor child pornography on the Internet; however, no 
investigations were opened during the year.

    Trafficking in Persons.--The law prohibits trafficking in persons, 
and there were no reports that persons were trafficked to, from, or 
within the country; however, some NGOs believed that trafficking in 
women occurred but was not reported.
    Prostitution is legal, however, any person leading another into 
prostitution faces up to 6 months in prison or heavy fines, or both, 
and up to 3 years in prison if the victim was under 18. The police 
closely monitored prostitutes' working conditions and salaries but 
acknowledged that some Swiss middlemen employed women working in 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 requires 
that government buildings and services be made accessible for persons 
with disabilities, and the Government generally enforced these 
provisions in practice.
    Although the law does not prohibit discrimination against persons 
with disabilities, complaints of such discrimination may be pursued in 
the courts. The law provides for compensatory payments by the 
Government to companies that employ persons with disabilities. The law 
increased opportunities for their integration into the workforce and 
promoted their right to be independent.

    National/Racial/Ethnic Minorities.--Rightwing extremists, including 
skinheads, were publicly active during the year, but there were no more 
than 20 to 40 activists. The Government continued to monitor right-wing 
groups. A government advisory commission attempted to raise public 
awareness in order to address the problem of acts of violence in the 
public areas such as schools and playgrounds.
    There were some reports of skinhead incidents but none involving 
racially motivated attacks on foreigners or ethnic minorities during 
the year. On February 21, police detained nine skinheads involved in a 
mass brawl following a carnival music concert in the town of Schaan but 
did not bring charges because no one was seriously injured.
Section 6. Worker Rights
    a. The Right of Association.--The law provides that all workers, 
including foreigners, are free to associate, join unions of their 
choice, and select their own union representatives, and workers 
exercised these rights in practice. Due to the country's small size and 
population, there was only one trade union, which represented 
approximately 13 percent of the work force. The law does not prohibit 
anti-union discrimination, although it states that anti-union 
discrimination should be avoided.

    b. The Right to Organize and Bargain Collectively.--The law 
provides for the right of workers to organize and bargain collectively. 
However, collective bargaining agreements usually were adapted from 
those negotiated by Swiss employers and unions. Workers have the right 
to strike except in certain essential services. 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 employment of children less than 16 years of age. 
However, exceptions may be made for the limited employment of youths 
age 14 and over and for those who leave school after completing 9 years 
of compulsory education (see Section 5). Children age 14 and older may 
be employed in light duties for not more than 9 hours per week during 
the school year and 15 hours per week at other times.
    The Government devoted adequate resources and oversight to child 
labor policies. The Department for Worker Safety of the Office of the 
National Economy effectively supervised compliance with the law. 
Inspections by the Department for Worker Safety were adequate.

    e. Acceptable Conditions of Work.--There was no national minimum 
wage; however, the average daily wage provided a decent standard of 
living for a worker and family.
    In 2003, the social security office assisted 1,198 persons, 477 of 
whom received financial assistance to obtain a yearly minimal income. 
The social security office supported the monthly living allowance for a 
three-person household, excluding rent and other fixed costs, with up 
to $1,500 (1,880 Swiss francs). The law sets the maximum workweek at 45 
hours for white-collar workers and employees of industrial firms and 
sales personnel and 48 hours for all other workers. The law provides 
for mandatory rest periods, and, with few exceptions, Sunday work was 
not allowed. Workers over the age of 20 received at least 4 weeks of 
vacation; younger workers received at least 5 weeks.
    The law sets occupational health and safety standards, and the 
Department for Worker Safety of the Office of the National Economy 
generally enforced these provisions. The law provides for a hearing in 
cases in which workers removed themselves from dangerous situations. 
The law provides for the right of workers to remove themselves from 
work situations that endanger health or safety without jeopardy to 
their continued employment.

                               __________

                               LITHUANIA

    Lithuania is a constitutional parliamentary democracy. The 
Constitution establishes a 141-member unicameral Parliament; a directly 
elected President; and a government whose ministers are nominated by 
the Prime Minister, appointed by the President, and approved by the 
Parliament. The Government held presidential and European Parliamentary 
elections in June and national parliamentary elections in October. 
These elections were generally free and fair. The Government exercises 
authority with the approval of the Parliament and the President. The 
judiciary is independent.
    A unified national police force under the jurisdiction of the 
Interior Ministry is responsible for law enforcement. The State 
Security Department is responsible for internal security and reports to 
Parliament and the President. The civilian authorities maintained 
effective control of the security forces. Members of the security 
forces committed a number of human rights abuses.
    The country, with a population of approximately 3.4 million, has a 
functioning market economy. The Government continued to privatize the 
few remaining large-scale enterprises, such as energy, gas, alcohol, 
and shipping companies; most housing and small businesses have been 
privatized. The largest single privatization took place in March, when 
the Government sold a 34 percent shareholding in the country's gas 
utility to the Russian company Gazprom. The largest number of workers 
(17.5 percent) worked in the manufacturing sector. Gross domestic 
product grew by 6.7 percent in the first 9 months of the year, and 
wages kept up with inflation.
                        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 International Commission to Investigate the Crimes of Nazi and 
Soviet Occupation Regimes in Lithuania continued its activities during 
the year (see Section 4).
    From January to September, the Prosecutor General's Office 
initiated six investigations of genocide cases, war crimes, and crimes 
against humanity related to Nazi crimes committed against Jews during 
World War II. As of December, there were over 30 ongoing cases related 
to Nazi crimes.

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

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The Constitution prohibits inhuman or degrading treatment 
or punishment; however, at times, police beat or otherwise physically 
mistreated detainees, although such incidents continued to decline. The 
Constitution does not specifically prohibit torture; however, it could 
be considered an aggravating factor in the commission of other crimes.
    Local media reported that a person died in June following a clash 
between police and soccer fans in Klaipeda. Authorities closed the case 
without final determination of police culpability. In August, a suspect 
complained to parliamentary controllers that officers from Kaunas 
assaulted and tortured him while escorting him to interrogation. The 
parliamentary Ombudsmen subsequently instructed local police to abide 
by the law. In September, relatives complained that an individual fell 
into a coma following injuries sustained during a narcotics raid in 
Klaipeda. In September 2003, a Parliament controller publicly 
criticized several instances of police violence against juveniles, 
under arrest and en route to police facilities. The controller said 
that the authorities shielded police officers suspected of violence 
against juveniles. In May, local media reported that police in the town 
of Telsiai beat a 17-year-old crime suspect.
    The practice of hazing recruits by noncommissioned officers 
continued; however, the number of incidents decreased during the year. 
From January to July, the military police opened one criminal case 
related to hazing, compared to six cases in 2003.
    Prison conditions remained poor and life threatening; however, 
there were a few improvements during the year. Sanitation improved and 
overcrowding decreased; however, they both remained problems at year's 
end. As of May, three correctional institutions remained seriously 
overcrowded; however, the Government was reconstructing 6 of the 15 
correctional facilities. The Government increased funding for prisoner 
rehabilitation. In October, Parliament controllers instructed the 
Prisons Department to improve accounting practices for prison labor, 
having determined that a number of inmates in a Vilnius facility 
received pay for only 2 hours of work per day despite working 12 hours 
per day; the legal limit to the workday is 8 hours.
    A significant number of pretrial detainees reported mistreatment, 
abuse, and violence, which Parliament controllers, public prosecutors, 
and judges acted to address. The Parliament controllers noted a marked 
decrease in complaints from investigation wards and prisons; however, 
they noted that prolonged transfer of suspects to interrogation 
facilities continued, prison authorities arbitrarily restricted rights 
of prisoners who had good conduct records, and that there was poor 
access to medical services in police detention facilities. Arrested and 
detained persons generally suffered worse living conditions than did 
convicted persons.
    Violence among juveniles in detention remained a problem. In May, 
the Government adopted a Juvenile Justice Program for 2004-08, which 
aims to reduce asocial and criminal behavior among juveniles.
    From January to August, there were 157 criminal offenses committed 
in prisons, compared with 138 during the same period of 2003. 
Authorities attributed the increase to their enforcement efforts to 
prevent the spread of drugs. Prison personnel were charged with 
committing three criminal offenses. From January to August, the 
Parliament controllers investigated 206 noncriminal complaints (62 
deemed justified), mostly related to prison conditions and actions of 
Prison Department personnel. In March, the Prison's Department adopted 
an Ethics Code for its officials and personnel, codifying among its key 
principles respect for the individual and equal justice.
    During the year, the Ombudsman deemed the use of force against 
protesting inmates at the Alytus prison in August 2003 to be 
legitimate. Women and men were held separately; juveniles were held 
separately from adults; and pretrial detainees were held separately 
from convicted criminals. There were reports that individuals in police 
custody for minor offenses were held together with criminal suspects.
    The Government permitted visits to prisons by independent human 
rights observers, and there were visits during the year.

    d. Arbitrary Arrest or Detention.--The Constitution prohibits 
arbitrary arrest and detention, and the Government generally observed 
these prohibitions; however, there were instances of prolonged pretrial 
detention.
    A unified national police force, under the jurisdiction of the 
Interior Ministry, is responsible for law enforcement. The State 
Security Department is responsible for internal security and reports to 
Parliament and the President. The Office of Inspector General and the 
Internal Investigation Division at the Police Department investigate, 
on the orders of the Minister of Interior, abuses committed by the 
police. Prosecutors and the Parliament controller carry out independent 
investigations. From January to July, cases of abuse of power and abuse 
of office were initiated against 11 police officers. By the end of 
August, controllers investigated 125 complaints regarding police 
activities and determined 34 to be justified. Police found guilty were 
disciplined.
    Warrants are required for arrest. Under the law, police may detain 
suspects for up to 48 hours, based upon reliable evidence of criminal 
activity and approval by an investigator or prosecutor. Bail is 
available and was used widely. The Constitution provides for the right 
to an attorney from the moment of detention; however, this right was 
not always respected. In February, police in the city of Panevezys 
interrogated two schoolgirls without informing their parents or 
lawyers.
    Pretrial detention applies only in the case of felonies, to prevent 
flight, to allow unhindered investigation if the suspect might commit 
new crimes, or when there is an extradition request. A pretrial judge 
may order a suspect detained for up to 3 months, which may be extended 
to no longer than 18 months (12 months in the case of juveniles) in 
exceptional cases. The detainee or his or her counsel may appeal to a 
higher court against the imposition or extension of detention. The 
Civil Code provides for liability for damage caused by the unlawful 
actions of pretrial investigation officials, prosecutors, judges, and 
courts. From January to August, the Parliament controllers received a 
number of verified complaints of prolonged detention in transfer cells 
of the Siauliai interrogation facility. In May, local media reported 
that the administration of the major Pravieniskes correctional facility 
delayed the early release of prisoners for good behavior in order to 
retain staff positions.

    e. Denial of Fair Public Trial.--The Constitution provides for an 
independent judiciary, and the Government generally respected this 
provision in practice.
    The Constitution and the Law on Courts provide for a four-tier 
court system: The Supreme Court; the Court of Appeals; district courts; 
and local courts. The local courts are tribunals of first instance for 
all cases that are not assigned to some other court by law. The 
Constitution also provides for a Constitutional Court and specialized 
courts for consideration of cases involving administrative, labor, and 
family issues. District courts hear juvenile criminal cases and cases 
related to children's rights.
    The Prosecutor General exercises oversight responsibility for the 
whole judiciary through a network of district and local prosecutors who 
work with investigators to prepare evidence for the courts. In October 
2003, a study commissioned by the nongovernmental organization (NGO) 
Open Society Fund Lithuania criticized the court system for lack of 
transparency and accountability. In June, a local expert panel of 
independent lawyers said that judges do not always follow established 
court procedure.
    The Constitution provides for the right to legal counsel for 
defendants; however, in practice, this right was abridged by the 
shortage of trained lawyers. The law provides for legal assistance for 
indigent persons; however, despite Government efforts such legal 
assistance was not always available. Defendants have access to 
government evidence and may present evidence and witnesses. A judge may 
hold a closed trial in a limited number of circumstances. Defendants 
have the right to appeal. The law permits trials in absentia when a 
defendant is outside the country and avoids trial. Local human rights 
experts criticized these provisions.
    In the early 1990s, the Government rehabilitated over 50,000 
persons charged with anti-Soviet crimes in the Stalin era, including 
those involved with crimes against humanity during the Nazi occupation. 
During the year, 17 individuals were ``de-rehabilitated'' under a 
special judicial procedure, making them ineligible for some social 
welfare benefits. There was a total of 167 de-rehabilitations since 
1996.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The Constitution prohibits such actions; however, 
there were reports that the Government did not respect these 
prohibitions in practice. The law prohibits indiscriminate monitoring 
of the correspondence or communications of citizens; however, local 
human rights groups alleged that the Government did not properly 
enforce this. In February, unverified media reports stated that 2,000 
permits for phone tapping were issued in 2003 and 250 in January alone. 
In November, Parliament accepted the conclusions of its ad hoc 
commission that law enforcement officials were unlawfully involved in 
wiretapping and selective anticorruption raids on the eve of 
presidential elections. The Criminal Process Code requires a judge's 
authorization for the search of premises of an individual. The seizure, 
monitoring, and recording of information transmitted through 
telecommunications networks or surveillance must also be court-ordered. 
The media frequently broadcast recordings of searches of suspects or 
their homes, which violated privacy laws.
    From January to August, the State Data Protection Inspectorate 
conducted 244 investigations, examined 43 complaints, screened draft 
legislation, and provided numerous consultations. Most violations 
involved failure to report the fact of processing of personal data, 
violation of processing rules, and failure to inform individuals that 
their personal data was processed. Institutions found to have committed 
violations included the State Social Insurance Fund, the police, the 
Special Investigations Service, and a major bank. In May, the State 
Data Protection Inspectorate acquired the right to fine those alleged 
responsible for privacy and personal data protection violations.
    In August, local human rights experts told an ad hoc parliamentary 
panel that broadcast and publication of the President's conversations 
in 2003 was a violation of his human rights. They also criticized, on 
privacy grounds, the parliament-ordered publication over the summer of 
recorded conversations and personal information of several legislators 
and businessmen suspected of corruption. In March 2003, the media 
reported that anticorruption service personnel responsible for 
protecting top state officials collected information about writers for 
a political television show without authorization.
    The media reported that doctors occasionally divulged confidential 
data about patients to employers and others. There were reports that 
privacy of HIV/AIDS-infected patients was violated.
    In June, the European Court of Human Rights ruled that the 
Government discriminated against and violated the privacy of Kestutis 
Dziautas and Juozas Sidabras, former KGB employees. The two had 
complained that the Government had barred them from seeking employment 
in various private-sector fields until 2009 and had subjected them to 
daily embarrassment on account of their past. Several similar cases 
were pending.
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 print media were active and expressed a wide 
variety of views. Radio and television included a mix of independent 
and state controlled stations. International media was generally 
allowed to operate without restriction; however, in September, the 
Government Ethics Commission recommended blocking transmission of cable 
broadcasts of the First Baltic Channel (registered in Latvia and 
transmitting a major Russian television channel throughout the Baltics) 
for violating ethics, disseminating disinformation, and issuing calls 
to violate the territorial integrity of the country, in violation of 
the Law on Public Information, after it broadcast a program 
reinterpreting the 1939 Ribbentrop-Molotov Pact. In October, the 
Latvian National Radio and Television Council fined the channel for 
broadcasting inaccurate information. In February, the periodical 
Laisvas Laikrastis complained that prosecutors questioned a journalist 
reporting on a major contraband case possibly involving public figures, 
in an attempt to intimidate him.
    In November 2003, Parliament formed a 9-member ad hoc commission to 
investigate charges that President Paksas had links with organized 
criminal groups. The commission found that Paksas had links with 
organized criminal groups and that he was and remained vulnerable to 
such groups to the extent that it constituted a threat to national 
security. Parliament confirmed the findings of the commission and 
impeached Paksas for violating the Constitution and his oath of office. 
In March, the Constitutional Court stated in its ruling that President 
Paksas' public statements regarding the activity of and conclusions 
reached by the ad hoc parliamentary commission were incorrect and not 
applicable to the head of state. The Court ruled, however, that Paksas' 
statements did not violate the Constitution. Paksas contended that the 
parliamentary commissions' conclusions were part of a plot of the 
political elite to unseat him. In June, state-owned television refused 
to air an election ad of the Liberal Democratic Party, supporters of 
the impeached President Paksas.
    In September, Prime Minister Brazauskas filed a lawsuit for slander 
against television journalist Ruta Grineviciute, who aired pretrial 
investigation material implicating the Prime Minister in corruption.
    A court may order journalists to reveal their sources if 
concealment would violate other constitutional rights or privileges.
    The Government did not generally restrict access to the Internet; 
however, at times, the Government attempted to control its content. In 
April, the Constitutional Court accepted a request to investigate a 
Government regulation regarding control of information on the Internet. 
The decision was pending at year's end. In September, the State 
Security Department asked the Journalists and Publishers Ethics 
Commission to consider whether the Kavkaz website's publication of an 
article reporting that rebels had offered $20 million (55 million LTL) 
for assistance leading to capture of Russian President Vladimir Putin 
instigated ethnic hatred. The website was operated by supporters of 
Chechen independence. The Russian Foreign Ministry demanded that the 
Government shut down the Chechen website. In September, the Government 
closed the website for the second time (it was first closed in 2003). 
In November, after the main Kavkaz site had moved to Sweden, a local 
service provider opened a duplicate Kavkaz site.

    b. Freedom of Peaceful Assembly and Association.--The Constitution 
provides for freedom of assembly and association, and the Government 
generally respected these rights in practice; however, the Government 
continued to ban the Communist Party of Lithuania and other 
organizations associated with the former Soviet regime (see Section 3).
    In August, officials at the Foreigners Registration Center in 
Pabrade used tear gas and handcuffs to suppress a riot of intoxicated 
illegal immigrants protesting efforts to curb the production and 
consumption of homemade alcohol on the Center's premises.

    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, some religious groups 
enjoyed special government benefits.
    The Constitution divides religious communities into state-
recognized, traditional groups, and all others; however, in practice, a 
four-tier system exists: Traditional, state-recognized, registered, and 
unregistered communities. Traditional religious communities receive 
special exemptions and rights not available to any other religious 
group. Both traditional and nontraditional religious communities that 
are state-recognized may receive state subsidies; however, in practice, 
only the traditional groups received the subsidies regularly. 
Registered religious communities did not receive the benefits and 
exemptions enjoyed by traditional and state-recognized communities, but 
they may act as legal entities and thus rent land for religious 
buildings. Unregistered communities have no juridical status or state 
privileges, but there were no reports that any such groups were 
prevented from worshiping or seeking members.
    The Government did not restrict activities of foreign missionary 
groups within the country; however, the Government appeared to continue 
preferential treatment for missionaries from the nine traditional 
religions.
    The law stipulates that state educational institutions may offer 
religious instruction only of traditional and other state-recognized 
religions; however, participation in the religious classes was not 
mandatory.
    The Government and Vilnius city continued a program using private 
funds to rebuild parts of the Jewish quarter in Vilnius, with the 
understanding that the Jewish community will have use of some of the 
space upon completion of the project. In September 2003, the Government 
returned 46 Torah scrolls (in addition to 309 such scrolls turned over 
in January 2002) to an Israeli spiritual and heritage group for 
distribution among Jewish congregations worldwide. In November, the 
Vilnius city government participated in erecting a monument at the site 
of the former Jewish cemetery.
    The political leadership of the country and the national press 
generally criticized anti-Semitic statements when they occurred; 
however, there was an increase in anti-Semitic remarks made by the 
media and some politicians. In February, popular national daily 
Respublika carried a series of editorials with obvious anti-Semitic 
undertones; the Prosecutor General's Office and the State Security 
Department launched pretrial investigations of Respublika's editor-in-
chief for inciting ethnic and racial hatred. The case was pending at 
year's end. During the year, the Government acted against anti-Semitic 
statements made by individuals seeking political office; the 
distribution, including through the Internet, of anti-Semitic 
proclamations and other materials; acts of vandalism against Jewish 
graves and monuments; and anti-Semitic statements made during public 
gatherings. In December, the Municipality of Varena asked the police to 
investigate the desecration of a mass burial site of Jews killed during 
WWII. Unknown vandals painted over the memorial plaques and damaged 
markers erected months earlier. Police immediately launched an 
investigation, although there were no findings by year's end.
    In April, the Parliament formed a working group to draft 
legislation increasing the penalties for inciting discord, anti-
Semitism, racism, and xenophobia.
    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 the Government did not 
employ it.
    The Law on Citizenship generally allows emigrants to retain 
citizenship. Jewish and Polish minorities criticized the provisions 
because they create special conditions enabling ``ethnic Lithuanian'' 
emigrants to retain dual citizenship but do not allow this for local 
minorities when they ``repatriate'' to their ``homeland'' (for 
instance, Jews to Israel or Poles to Poland).
    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 certain 
individuals who may not qualify as refugees under the 1951 U.N. 
Convention/1967 Protocol; however, in April 2003, the European 
Commission against Racism and Intolerance drew attention to the 
practice of granting temporary residence permits to asylum-seeks on 
humanitarian grounds, rather than full refugee status under the 1951 
Convention. Asylum seekers coming from a safe country of transit are 
prohibited from entering the country. The right of an asylum seeker to 
appeal a decision denying entry into the country is limited. In April, 
the Parliament adopted a law on the ``Legal Situation of Foreigners,'' 
bringing asylum regulations in line with European Union norms. The new 
law establishes expedited procedures but also tightened regulations by 
narrowing eligibility requirements for asylum applicants. It defined 3 
forms of asylum: Refugee status, supplementary protection (temporary 
residence for up to 1 year, followed by an annual review), and 
temporary protection. From January to November, the Government granted 
supplementary protection to 380 applicants and refugee status in 11 
cases. In 2003, authorities granted asylum in 3 cases and residence in 
485 cases. In 2003, 376 foreigners were expelled from the country, 
mostly citizens of Russia, Vietnam, Belarus, India, and Ukraine.
Section 3. Respect for Political Rights: The Citizens' Right to Change 
        Their Government
    The Constitution provides citizens with the right to change their 
government peacefully, and citizens exercised this right in practice 
through periodic, free, and fair elections held on the basis of 
universal suffrage. Of 141 seats in the Parliament, 71 are elected 
directly, and 70 are elected through proportional representation. In 
March, the country became a member of NATO, and, in May, it joined the 
EU. Presidential elections are held at least every 5 years.
    In January 2003, former Prime Minister and Liberal Union Party 
leader Rolandas Paksas defeated incumbent president Valdas Adamkus in a 
runoff presidential election. The election was considered free and 
fair, although campaign financing lacked transparency.
    In April, the Parliament impeached President Paksas for violating 
the Constitution and his oath of office. In May, the Constitutional 
Court issued a ruling barring any person who violated the Constitution 
and oath of office from holding a high level government position for 
life. As a result, a special presidential election was held in June 
that was deemed generally free and fair; however, campaign financing 
lacked transparency in this election, and there were allegations that a 
major political corruption investigation may have influenced the 
elections.
    In October, a Vilnius district court acquitted former President 
Paksas of charges that he divulged state secrets to Russian businessman 
Yuri Borisov, the principal financial backer of Paksas' 2002-03 
election campaign. Also in October, the Prosecutor General's Office 
terminated a pretrial investigation of the charge that Paksas misused 
the power of his office to interfere in a dispute between two private 
companies. Local experts claimed that these two decisions did not 
invalidate the Constitutional Court's March ruling that Paksas violated 
the Constitution and his oath of office on three counts (granting 
citizenship to Borisov, divulging state secrets, and abuse of power), 
which served as the basis for Paksas' April impeachment. In October, 
Paksas filed suit claiming his rights to a fair trial and defense had 
been violated.
    In June, the country held presidential and European Parliament 
elections. Valdas Adamkus was elected President for a second (but 
nonconsecutive) term. In October, there were two rounds of 
parliamentary elections. These elections were generally free and fair; 
however, there were complaints that campaign financing lacked 
transparency in both and reports of vote buying during parliamentary 
elections.
    In March, six political parties (most without representation in the 
Parliament) objected to amendments to the Law on Political Parties, 
which entered into force in April. The amendments increased the party 
registration threshold from 400 to 1,000 members and introduced the 
requirement to provide the Ministry of Justice with the list of party 
members ahead of elections. The Government banned the Communist Party.
    In August, the Parliament passed a new Law on Funding and Funding 
Control of Political Parties, Political Organizations, and Political 
Campaigns, which put stricter limits on campaign financing and 
introduced greater accountability. The local branch of Transparency 
International (TI) alleged that the new law stopped short of ensuring 
the transparent financing of political parties and candidates.
    Polls indicated that corruption was most prevalent among mid-level 
civil servants, among the traffic police, in the health sector, and in 
universities. Corruption was also a concern in public procurement, 
border protection service, customs, and the judiciary. Nepotism was a 
problem.
    In July, the Parliament voted to reject the recommendation of an ad 
hoc parliamentary commission to strip three ranking lawmakers of their 
parliamentary immunity in order to permit investigation and possible 
prosecution for corruption. The lawmakers denied the allegations and 
resigned. Other major corruption investigations centered on the 2003 
Vilnius municipal election, land restitution fraud, and health care 
procurement corruption.
    The Government made significant efforts to curb corruption. The 
Government increased oversight over the administration of EU transfers 
and fought corruption in the State Border Protection and Customs 
Services, including the February removal of the Chief of the Border 
Protection Service for abuse of office; however, efforts to combat 
corruption stalled due to protracted disputes among politicians, 
prosecutors, and the Government's Special Investigative Service (STT) 
about how to proceed. In September, the STT Chief resigned as a result. 
Parliament failed to pass a Code of Ethics for either civil servants or 
politicians. According to TI, 1 in 12 persons admitted paying bribes to 
government officials in 2003. Those polled identified customs, 
political parties and Parliament, the courts, law enforcement, and the 
health care system as the most corrupt institutions.
    The law provides for public access to government information; 
however, during the year, the Parliament controllers received numerous 
complaints regarding the failure of prosecutors, the Ministry of 
Defense, and the State Security Department employees to provide 
information.
    There were 31 women in the 141-seat Parliament and 2 women in the 
14-member Cabinet. There were 10 members of Parliament of Russian, 
Polish, Jewish, or Belarusian ethnic origin. One of the ministers was 
an ethnic Russian and another was an ethnic Belarusian.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    A number of domestic and international human rights groups 
generally operated without government restriction, investigating and 
publishing their findings on human rights cases. Government officials 
were cooperative and responsive to their views. The Human Rights 
Monitoring Institute, the Association for the Defense of Human Rights 
in Lithuania, the Human Rights Association in Lithuania, and the 
Lithuanian Center for Human Rights were the major human rights groups.
    The Ministry of Justice monitors law, draft legislation, and legal 
practice to determine whether they are in accord with the country's 
international obligations.
    There are three ombudsman institutions. The Parliament's 
controllers investigated complaints of the abuse of power by public 
servants. The controllers have the right to forward their cases for 
prosecution, to initiate a reprimand or removal from office of public 
servants, to initiate a compensation claim, to propose changes in laws 
and rules, and to inform the Parliament and the President about their 
findings. In November, a revised law on Parliament controllers 
clarified the definition of abuse of power, extended the controllers' 
oversight to cover notaries and bailiffs, and gave the controllers the 
right to investigate complaints about pretrial investigations. The 
Office of the Equal Opportunities Ombudsman exercised similar functions 
for complaints of discrimination and sexual harassment (see Section 5). 
The Office of the Ombudsman for Children's Rights controlled the 
implementation of relevant laws, oversaw local children's rights 
protection services, and investigated complaints of abuse of children's 
rights.
    The Government continued to support the International Commission to 
Investigate the Crimes of Nazi and Soviet Occupation Regimes in 
Lithuania. The Commission (which includes historians, human rights 
representatives, representatives of international Jewish organizations, 
and both Lithuanian and foreign lawyers) produced new reports during 
the year, continued to implement a program of Holocaust education, and 
organized conferences and seminars to promote the development of a 
tolerant civil society.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The Constitution prohibits discrimination based on race, sex, 
social status, or ethnic background; however, discrimination against 
women in employment and other areas persisted. The Law on Equal 
Opportunities, which forbids discrimination based on age, sexual 
orientation, disability, religion, or beliefs was not fully implemented 
by year's end.

    Women.--Societal violence against women, particularly alcohol-
related domestic violence, was a serious problem. A 2002 study by the 
Women's Information Center indicated that 80 percent of women 
experienced psychological abuse in the workplace or at home, 35 percent 
experienced physical violence, and 17 percent were sexually abused.
    The law does not specifically criminalize domestic violence; 
however, domestic violence was prosecuted under general assault laws. 
If such violence takes place in the home, the victim must file a 
complaint. Few domestic violence victims reported abuses to the police 
because they preferred to avoid publicity and were not confident that 
the courts would punish their assailants. Most conflicts did not reach 
criminal court, although there were a few criminal cases. The maximum 
penalty rendered by courts was 2 years imprisonment.
    Thirteen women's shelters provided assistance to victims of 
violence. In July 2003, the Government co-founded an NGO, The Center 
for Development of Equal Opportunities, to reduce violence against 
women. During the year, the NGO organized a series of seminars on equal 
opportunities in politics and culture, conducted awareness campaigns 
with local governments, communities, and future members of Parliament, 
and was also involved in charitable projects. The NGO Women's 
Information Center, founded in 1996, continued to provide support to 
women in the areas of equal opportunities, empowerment, combating 
prostitution and trafficking, and domestic violence.
    The law specifically criminalizes rape, including spousal rape. 
Persons convicted of rape generally received sentences of 3 to 5 years' 
imprisonment. From January to August, 159 rapes were reported. 
Prostitution is illegal under the Criminal Code and was a problem. The 
penalty for prostitution is a fine of $107 to $178 (300-500 LTL) for a 
first offense. Trafficking in women for the purpose of sexual 
exploitation was a problem (see Section 5, Trafficking).
    Sexual harassment was prohibited by law; however, it was a problem. 
In February, it was reported that 14 percent of university students 
surveyed, most of them female, experienced sexual abuse from professors 
and university staff.
    The Constitution provides for equal rights for men and women; 
however, women continued to face discrimination. The Equal 
Opportunities Ombudsman is an independent agency, accountable to the 
Parliament, which oversees the implementation of the law and 
investigates complaints concerning age and gender discrimination, as 
well as sexual harassment. The Ombudsman also has some enforcement 
powers in this regard, and the Criminal Code contains criminal 
sanctions for discrimination or harassment. The Law on Equal 
Opportunities provides for positive discrimination (affirmative action) 
toward women.
    Official policy requires equal pay for equal work; however, in 
practice women were often paid less than their male counterparts. In 
2003, a woman's average wage was 81 percent that of a man; in the 
public sector, their wage was 75 percent that of men. Women were 
underrepresented significantly in some professions, business, and the 
managerial sector as a whole.
    From January to September, the Ombudsman received 34 complaints, 
initiated 10 investigations, and imposed 10 fines. Most complaints 
concerned discrimination against men in entertainment facilities' 
entrance fees, discrimination under old legislation, and discrimination 
against women in the workplace and in the labor market.
    The Ombudsman, together with women's organizations, continued a 
public awareness campaign and a number of projects to advance gender 
equality.

    Children.--The Government was committed to children's rights and 
welfare; it funded a system of public education and medical care. The 
Government provided compulsory, free, and nearly universal education 
for children through the age of 15. Approximately 1 percent of children 
in this age group did not attend school. The Government provides school 
transportation for children in the countryside, low-cost health care 
for all children, and a free school meal for one-third of children. The 
Civil Code addresses relations between parents and children.
    The Government continued to replace the Soviet-style orphanage 
(boarding) schools with residential homes or foster families, which 
permitted children to attend regular schools; however foster families 
often did not ensure good conditions for children: In October 2003, 
authorities confirmed reports that a 6-year-old girl from Avikliai 
foster family house had suffered sexual abuse for almost a year.
    Child abuse, particularly in connection with parental alcohol 
abuse, was a problem; as of January, approximately 39,000 children 
lived in abusive and dysfunctional families. The penalties for violence 
and cruelty against underage persons are prison terms of 1 to 2 years; 
however, the press reported cruelty to children, including sexual 
abuse, intentional starvation, beatings, and killings, was common. 
Authorities reported that 13 children were killed due to family 
violence during the first 7 months of the year. Authorities may remove 
children subjected to parental violence from the family and place them 
in the care of a temporary guardian; however, the Ombudsman reported in 
2003 that assistance for children who experienced abuse was 
insufficient.
    There were rare reports of abuse of children at state correctional 
institutions or in arrest facilities.
    The Penal Code provides for up to 13 years' imprisonment for sexual 
abuse of a child; however, sexual abuse was prevalent. For example, in 
December, local media reported that a coach of a children's soccer team 
was arrested following complaints of sexual abuse from four juveniles 
and their parents. From January to August, 23 cases of sexual abuse of 
children were registered (excluding rapes, for which separate data for 
children is not available). In May, a study by a Vilnius hospital and 
the polling agency RAIT indicated that 31 percent of 18- to 20-year-
olds surveyed had experienced sexual abuse in their childhood and 
adolescence. The Government operated a children's rehabilitation center 
to provide special care for sexually abused children, and, in June, the 
Government selected a number of NGOs and other organizations to provide 
assistance to sexually abused children.
    Trafficking in girls for the purpose of sexual exploitation was a 
problem (see Section 5, Trafficking). Exploiting children in the 
production of pornography is illegal; however, there were a few cases 
of this reported during the year. In June, the police detained a high 
school teacher suspected of distributing child pornography on the 
Internet.
    Several thousand children reportedly lived on the street. Sixty 
regional government children's rights protection agencies, other 
institutions, and numerous NGOs routinely assisted these children. 
Street children had full access to free state services. There were no 
reports of police abuse against street children.
    The Children's Rights Ombudsman controls the implementation of 
relevant laws and conventions, oversees children's rights protection 
institutions, investigates complaints, and advises the Government on 
improving the protection and legal interests of the child. In 2003, the 
Ombudsman received approximately 215 complaints and initiated a number 
of investigations regarding violations of child protection laws.

    Trafficking in Persons.--The Criminal Code prohibits trafficking in 
persons; however, trafficking in women and girls for the purpose of 
sexual exploitation was a problem. International and local NGOs claimed 
that the problem increased despite significant efforts by the 
Government to fight it.
    The legal penalties and fines for trafficking-related activities 
are: Trafficking in persons, up to 8 years imprisonment; profiting 
monetarily from prostitution or pimping, up to $8,900 (25,000 LTL) and 
up to 4 years' imprisonment; profiting monetarily from prostitution or 
pimping of a minor or engaging, organizing, and/or heading prostitution 
activities involving a minor, 2 to 8 years' imprisonment; organizing or 
heading prostitution rings or transporting a person for the purpose of 
prostitution, up to 6 years' imprisonment; engaging in prostitution, up 
to $4,400 (12,500 LTL) and 3 years' imprisonment; forcing individuals 
into prostitution by means of coercion or fraud and engaging a minor in 
prostitution, from 2 to 7 years' imprisonment; engaging in the trade in 
children, from 2 to 10 years' imprisonment.
    The Government opened 22 criminal cases related to trafficking in 
persons, referring 13 to the courts. Four prosecutions ended in 
convictions, with sentences ranging from fines to 3 years' 
imprisonment. Law enforcement officials continued to cooperation with 
other government on trafficking and participated in over 10 joint 
investigations.
    The country was a source, transit point, and destination for 
trafficking in women and girls. Women from the country were primarily 
trafficked to Western Europe. Most women trafficked into or transiting 
the country were from Eastern Europe.
    According to Europol, every year approximately 1,200 Lithuanian 
women fell victim to trafficking or left the country against their 
will. Twenty women (3 under the age of 18) were reported to the police 
as victims of trafficking during the year.
    Traffickers particularly targeted the socially most vulnerable 
groups: Young females from poor, asocial, or unstable families. 
Traffickers also commonly targeted young women from ethnic minorities. 
Many were lured by deceptive offers of jobs such as household helpers, 
bar dancers, nannies, nurses, models, or waitresses, or through false 
marriage advertisements. In many cases, close relatives or friends made 
the offers. Victims' compliance was ensured via threats and the 
withholding of their documents. Families often were unaware of their 
predicament and believed that they had been kidnapped. Boarding schools 
that also serve as orphanages were new targets of traffickers. In 2003, 
criminal police detained five Lithuanian, Italian, and Spanish 
nationals believed to be members of an organized trafficking group, the 
first operation in the country that resulted in the arrest of leaders 
of an international trafficking ring. These cases were still pending at 
year's end.
    Organized groups, some belonging to international trafficking 
rings, and individuals, some of them formerly involved in the used-car 
trade between the country and Western Europe, engage in trafficking.
    The Government funded the establishment of victim protection 
centers in Kaunas and Klaipeda and local NGOs that were involved in 
prevention and victim assistance. There were 15 working day centers, 
which provide aid for various groups at risk, including victims of 
trafficking.
    The Government relied heavily on NGOs to organize and run programs 
to combat trafficking in persons. In one campaign, the International 
Organization for Migration (IOM) counseled 3,000 job seekers on legally 
obtaining work abroad. IOM trained 102 social workers and 107 police 
officers on preventing trafficking and launched an information program 
for teachers, parents, and students. The Government and NGOs organized 
three international conferences on reintegration of victims and 
interagency cooperation. Local NGOs also provided training to over 80 
women at high-risk for trafficking and built 10 municipal trafficking 
information networks.

    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. In October, a 
visually impaired individual was elected to Parliament. The law 
mandates access to buildings for persons with disabilities; however, 
the Government generally did not enforce this provision in practice, 
although most new buildings ensured such access. Individuals 
involuntarily declared as incapacitated have no right to appeal the 
decision in court.
    Many persons with disabilities lived in poverty because the state 
pension for a person with disabilities was lower than the minimum wage. 
However, every local government ran home help services for persons with 
disabilities, and the Government financed a network of facilities for 
them, including daycare centers, state children care houses, and 
residential care homes for mentally ill adults. During the year, a 
government-business partnership supplied computers with Internet access 
to some 25 centers for persons with disabilities. The Government 
financed the National Program of Social Integration of the Disabled, 
which was coordinated by the Disabled Persons' Affairs Council, the 
Government, and NGOs.
    In May 2003, a study on the rights of persons with mental 
disabilities recommended that the Government end the care of disabled 
persons in large social and health care institutions, determine minimum 
service quality standards, and create a system to provide disabled 
persons with prophylactic technology and special education services.

    National/Racial/Ethnic Minorities.--Minority ethnic groups-
including Russians, Poles, Belarusians, Ukrainians, Tatars, and 
Karaites constituted approximately 16.5 percent of the population. 
Although the law prohibits discrimination of ethnic or national 
minorities, intolerance persisted.
    The small Romani community (approximately 3,000) suffered 
discrimination in many areas of daily life, including education, 
employment, health care, housing, services, citizenship, and contacts 
with the police. In June, the Government adopted a program designed to 
increase tolerance towards minorities and to reduce discrimination; 
however, it had not been implemented by year's end. The Government ran 
a social center and community school for the Roma.
    In December, the Parliament Ombudsman stopped the Vilnius municipal 
authorities from destroying an allegedly illegal house in a Roma 
village and referred the matter to the courts. Local minority experts 
criticized the city government for indiscriminately targeting Roma 
while doing little to help their integration into the broader 
community. Following talks between the city government and Roma, some 
families agreed to move to public housing in other parts of the city.
    The Penal Code provides for a sentence of from 2 to 10 years' 
imprisonment for the incitement of racial or national hatred or 
incitement of violence against foreigners. The State Security 
Department initiated several investigations into reports of acts 
tending to incite racial or national hatred but closed them either 
because the suspects apologized or because the cases would have been 
difficult to prove in court.
    Public sector employees are required to have a functional knowledge 
of the Lithuanian language; there was no documented evidence of job 
dismissals based on this language law. The authorities indicated that 
while the law's intent is to encourage competence in Lithuanian as the 
official language of the State, no one would be dismissed solely 
because of an inability to meet the language requirements.

    Other Societal Abuses and Discrimination.--The local Human Rights 
Monitoring Institute reported that homosexuals suffered permanent 
social exclusion. Representatives of the Lithuanian Gay League 
complained that they suffered physical abuse and insults on the street 
and in the mass media.
Section 6. Worker Rights
    a. The Right of Association.--The law recognizes the right of 
workers and employees, including members of the police and armed 
forces, to form and join trade unions, and workers exercised this right 
in practice.
    Unions must have at least 30 founding members in large enterprises 
or a membership of one-fifth of all employees in small enterprises to 
legally register. Individuals employed in enterprises where there was 
no union were free to join an established regional union, but this 
practice was not widespread.
    Approximately 10 percent of the workforce was unionized.
    Unlike in the previous year, there were no reports of direct 
discrimination against members of unions; however, most employers did 
not favor workers participating in trade unions.
    Large retail stores hired workers only on the basis of short-term 
contracts in order to avoid having a unionized workforce and employers 
often did not renew contracts of workers that belonged to unions.
    Age discrimination figured prominently in the labor market.

    b. The Right to Organize and Bargain Collectively.--The law 
provides for collective bargaining and the right of unions to organize 
employees; however, it does not allow collective bargaining by 
government employees involved in law enforcement and security-related 
work. The law provides unions the right to negotiate nationwide, 
branch, and territorial collective agreements; however, collective 
negotiations regarding labor relations, including wages, are not 
widespread. Workers often took their complaints directly to their 
employers. There was no collective bargaining in approximately 90 
percent of enterprises, since most of them did not have labor unions. 
According to the Lithuanian Labor Federation, collective bargaining was 
very rare in the private sector since employers discouraged organizing 
unions. There were no cases of employers being punished for such 
actions.
    The Labor Law, effective in January 2003, establishes collective 
bargaining as the main tool to regulate labor relations, restricts 
short-term contracts, including at retail stores, subjecting them to 
collective bargaining, and gives employees the right to be represented 
in collective bargaining by unions or by a work council elected by a 
secret ballot. Leaders of the Solidarity labor union complained about 
the Government's failure to eliminate illegal, undeclared wages, which 
reduced employees' social security benefits and their future pensions.
    Managers often determined wages without regard to union 
preferences, except in larger factories with well-organized unions. The 
Government periodically issued guidelines for state enterprise 
management in setting wage scales.
    The unions criticized provisions of the Code of Civil Procedure, 
which do not allow labor unions to represent their members at the 
Supreme Court; members must engage their own counsel.
    The law provides for the right to strike, except for workers in 
essential services; however, labor code procedures made it difficult to 
exercise this right and there were no official strikes during the year. 
The law provides that only a union or a union's strike committee may 
call a strike, thus employees at any of the approximately 90 percent of 
enterprises without unions could not strike.
    There are no special laws or exemptions from regular labor laws in 
the export processing zone in the port city of Klaipeda.

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

    d. Prohibition of Child Labor and Minimum Age for Employment.--The 
law prohibits the exploitation of children in the workplace and this 
law was generally enforced effectively; however, there were some 
reports of problems. Statistics indicated that 10 percent of working 
children did so illegally, mostly in the agricultural sector where 
children were employed for meager pay. There was also evidence of child 
labor in the form of prostitution and pornography (see Section 5).
    The Labor Law sets the minimum employment age at 16, and persons of 
14 may be hired to perform light jobs. Children from age 14 to 16 may 
be hired, provided that the job does not preclude their attending 
school and that the parents and school provide written consent. The law 
provides for reduced working hours for children: Up to 2 hours per day 
during the school year or 12 hours a week; or 7 hours per day and 32 
hours per week when school is not in session. These laws were generally 
enforced effectively in practice.
    There were isolated cases of trafficking of teenagers and two cases 
during the year related to child pornography (see Section 5).
    The State Labor Inspectorate is responsible for control and receipt 
of complaints related to employment of people under 18. The Ministry of 
Social Security and Labor, the Ministry of Education, the Ministry of 
Health, and the Ministry of Interior ran programs aimed at the 
protection of children's rights. From January to June, the State Labor 
Inspectorate conducted 1,957 inspections of illegal employment; 
however, no investigations were related to illegal child labor, 
although there were three instances of minor violations of special 
conditions applied to employees under 18.

    e. Acceptable Conditions of Work.--The legal minimum wage, which in 
May was increased to $178 (500 LTL) per month, did not provide a decent 
standard of living for a worker and family. According to the Department 
of Statistics, the average gross wage in the second quarter of the year 
was $427 (1,222 LTL) per month, which provided a decent standard of 
living for a worker and family.
    The law provides that maximum working hours within a 7-day period, 
including overtime, may not exceed 48 hours. Overtime can be allowed 
only in cases stipulated by law and, along with night work, must be 
compensated at a minimum of 1.5 times the hourly rate.
    The Constitution provides that workers have the right to safe and 
healthy working conditions, and the State Labor Inspection Service is 
responsible for implementing the Labor Safety Law. From January to 
October, the Labor Inspection Service conducted 16,691 inspections of 
companies. The most numerous abuses included wage arrears, illegal 
employment (working without a written contract), the violation of labor 
contracts, time off and work time accounting, harmful working 
conditions, and the unsatisfactory investigation of accidents. Workers 
have the right, both in law and practice, to remove themselves from 
dangerous work environments without jeopardizing their continued 
employment. From January to November, the State Labor Inspection 
Service recorded 161 fatal accidents at work and 190 other serious work 
accidents.

                               __________

                               LUXEMBOURG

    Luxembourg is a constitutional monarchy with a democratic, 
parliamentary form of government. The role of the Grand Duke is mainly 
ceremonial and administrative. The Prime Minister is the leader of the 
dominant party in the popularly elected Chamber of Deputies 
(Parliament). On June 13, free and fair national elections took place. 
The Council of State, whose members are appointed by the Grand Duke, 
serves as an advisory body to the Parliament. The judiciary is 
independent.
    Civilian authorities maintained effective control of the only 
security forces, the Grand Ducal Police. There were no reports that 
security forces committed human rights abuses.
    The country had a market economy with active industrial and service 
sectors. As of January 1, the population was approximately 451,600. The 
standard of living and the level of social benefits were high.
    The Government generally respected the human rights of its 
citizens, and the law and judiciary provided effective means of dealing 
with individual instances of abuse.
                        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; however, one person died in prison under unknown circumstances 
(see Section 1.c.).

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

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The law prohibits such practices, and there were no 
reports that government officials employed them.
    Prison conditions generally met international standards and the 
Government permitted visits by independent human rights observers. Men 
and women were held separately in prisons. Juveniles and adults were 
held in separate facilities. Pretrial detainees were held separately 
from convicted criminals.
    During the year, there was one death at the penitentiary in 
Schrassig, and an autopsy was ordered. According to the prison 
authorities, the detainee was suffering from a lung infection at the 
time of death. The autopsy also revealed a relatively high, but not 
lethal, quantity of methadone in his system. Prison authorities were 
unable to determine how he had obtained the methadone. According to the 
final statement of the prosecutor's office, both the lung infection and 
the methadone likely contributed to his death.
    Protests by inmates highlighted overcrowding in the penitentiary in 
Schrassig, which currently holds 580 prisoners. A steady rise in 
criminality and sometimes lengthy waits for trials have led to a rise 
in the prison population. The Director of Prisons stated that, due to 
increasing difficulties hiring guards and the consequent shortage of 
personnel, two prison facilities were closed, which caused up to three 
inmates to share the same room.

    d. Arbitrary Arrest or Detention.--The Constitution prohibits 
arbitrary arrest and detention, and the Government generally observed 
these prohibitions.
    The Grand Ducal Police and its investigative branch, the Judiciary 
Police, are under the direction of the Ministry of Justice and provide 
law enforcement services to the entire country.
    Judicial warrants are required for arrests except in cases of hot 
pursuit. The law requires police to lodge charges and bring suspects 
before a judge within 24 hours of arrest. Suspects are given immediate 
access to an attorney, at government expense for indigents. The 
presiding judge may order release on bail.

    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, whose members are appointed by the Grand Duke, 
heads the judicial system. One of the country's three Justices of the 
Peace has jurisdiction over minor criminal, civil, and commercial 
cases, and one of two district courts hears more serious cases. The 
Youth and Guardianship Court ruled on matters concerning the protection 
of young persons. An administrative court system reviews citizen 
challenges to legislation.
    The Constitution provides for the right to a fair trial, and an 
independent judiciary generally enforced this right. Defendants are 
presumed innocent and have the right to a public trial. Defendants are 
free to cross-examine witnesses and to present evidence. Either the 
defendant or the prosecutor may appeal a ruling; an appeal results in a 
completely new judicial procedure, with the possibility that a sentence 
may be increased or decreased.
    There were no reports of political prisoners.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The Constitution prohibits such actions, and the 
Government generally respected these prohibitions in practice.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The Constitution provides for 
freedom of speech and of the press, and the Government generally 
respected these rights in practice 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.

    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 no state religion, but the Government provided financial 
support to some churches. Specifically, it paid the salaries of Roman 
Catholic, some Protestant, Orthodox, and Jewish clergy. Several local 
governments maintained sectarian religious facilities. In 2003, the 
Government signed a convention to extend support to the Anglican 
Church. Legislation required to complete this convention was passed in 
June. The Muslim community's agreement in 2003 to name a national 
representative and single interlocutor allowed the Government and the 
community to discuss the possibility of that community receiving 
similar government funding. The Muslim community designated a Shura 
Committee, which was discussing the issue of funding with government 
representatives at year's end.
    There were no known acts of anti-Semitism, violence, or 
discrimination against religious minorities during the year. The 
Government sponsors an annual Remembrance Day to commemorate the 
deportations that occurred during WWII.
    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 the Government did not 
employ it in practice.
    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.
    After pledging in 2002 to deport several thousand persons whom it 
had determined did not qualify for asylum status, the Government 
proceeded with the voluntary or involuntary deportation of 708 
individuals in 2003, the largest number (555) to Montenegro. In August, 
1,415 individuals whom the Government had determined did not qualify 
for asylum status remained in the country and were subject to 
deportation to their home country. More than 1,000 came from Serbia-
Montenegro, including 345 from Kosovo.
    Authorities deported 13 persons for having irregular immigration 
status after police arrested them in March 2003 on suspicion of Muslim 
extremist activities.
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 parliamentary elections are held at least 
every 5 years. The most recent national parliamentary elections were 
held on June 13.
    Public documents were available on the Government's website and the 
Internet and were widely disseminated. A new law on freedom of 
expression for the media was passed on June 8. It does not provide free 
access to information that is not already in the public domain.
    There were 14 women in the 60-member Chamber of Deputies and 3 
women in the 14-member Cabinet.
    One member of the Government is a foreign-born citizen.
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.
    In February, the Council of Europe Human Rights Commissioner, 
Alvaro Gil-Robles, visited the country to assess its human rights 
record. His report on the visit recommended that the Government cease 
issuing ``artiste visas'' to women in order to deter trafficking (see 
Section 5, Trafficking.)
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The law prohibits racial, sexual, or social discrimination, and the 
Government enforced these provisions.

    Women.--There were instances of domestic violence, which the 
Government took steps to address. In November 2003, a new law on 
domestic violence took effect that stipulates that a batterer will be 
removed from the house for 10 days; this period can be extended an 
additional 3 months, based on a request made by the police to the 
Public Prosecutor's office. The law is gender neutral. Police are 
responsible for filling charges to protect victims from being 
intimidated into dropping charges. Penalties for domestic violence may 
include fines and imprisonment. In addition, if a possible victim has 
been to a nongovernmental organization (NGO) for assistance, the police 
are required to interview the person. Starting in December 2003, the 
country provided a hotline for victims. During 2003, shelters provided 
refuge to 428 women and 519 children, compared with 399 and 460, 
respectively, in 2002. In addition, the Government provided financial 
assistance to domestic violence victims. Information offices set up to 
respond to women in distress reported that they received 3,013 
telephone calls during 2003, compared with 4,708 calls in 2002. The 
Government funded organizations that provided shelter, counseling, and 
hotlines for victims.
    The law specifically makes rape, including spousal rape, illegal 
and the Government enforced the law effectively.
    Women enjoyed the same property rights as men under the law. In the 
absence of a prenuptial agreement, property is divided equally upon the 
dissolution of a marriage. The law mandates equal pay for equal work, 
and the Ministry for the Promotion of Women had a mandate to encourage 
a climate of equal treatment and opportunity; however, according to 
government reports, women were paid 20 to 30 percent less than men for 
equal work. The Government cited the interruption in the careers of 
women caused by childbirth and their maternal roles as one reason for 
the disparity. There were no work-related discrimination lawsuits. 
Women constituted 37.4 percent of the work force, compared to 33 
percent in 2003.

    Children.--The Government was strongly committed to children's 
rights and welfare; it amply funded a system of public education and 
health care. The law mandates school attendance for children between 
the ages of 4 and 15, and school attendance is universal for children 
of those ages. Schooling was free through the secondary level, and the 
Government provided some financial assistance for post-secondary 
education.
    There were some reports of abuse of children, although there was no 
societal pattern of such abuse. A physicians' organization estimated 
that approximately 200 cases of child abuse required treatment in 
hospitals each year and resulted in legal proceedings. The Government's 
hotline for young persons in distress received 615 calls during 2003.
    The law sets criminal penalties for adults who traffic children, 
facilitate child prostitution, or exploit children through pornography 
and extends the country's criminal jurisdiction to citizens and 
residents who engage in such activities abroad. According to the law, 
offenders charged with the sexual exploitation of children may receive 
a sentence of from 1 month to 2 years in prison, including a fine from 
$325 to $16,250 (251 to 12,500 euros). In July, 16 persons were 
arrested for possessing pornographic documents of minors. Subsequently, 
they received sentences ranging from 3 to 15 months' imprisonment. The 
investigation was part of a larger international investigation to 
combat child pornography.

    Trafficking in Persons.--The law prohibits trafficking in persons, 
and there were no official reports that persons were trafficked to, 
from, or within the country.
    There were no government services specifically designated for 
victims of trafficking; however, two NGOs fully financed by the 
Government provided shelter and counseling assistance to women in 
distress. The Ministry for the Promotion of Women had awareness 
programs for victims of domestic violence, although none specifically 
targeted trafficked victims.
    In April, five individuals were arrested and charged with 
recruiting and transporting two women for prostitution. Two of the 
individuals arrested facilitated applications for artiste visas issued 
by the Government to foreign women who, if the visas were issued, were 
permitted to work as dancers in the country's cabarets for periods of 6 
months. The other individuals arrested were two cabaret owners and a 
lawyer who were found to have violated the terms of the contracts 
signed with the women as the basis for the visa being issued. The women 
had voluntarily applied for the visas and traveled to the country. Once 
in the country, the women were pressured by their employers to engage 
in prostitution; however, there was no claim of coercion.
    One month after the arrests and following a recommendation by the 
Commissioner for Human Rights at the Council of Europe, the Minister of 
Justice ended the artiste visa program. The termination was meant to 
prevent trafficking of women. The program's termination resulted in 
approximately 700 women losing the right to remain in the country to 
work in the cabarets. The women subsequently were required to return to 
their home countries.

    Persons With Disabilities.--The law prohibits discrimination 
against persons with disabilities in employment, education, access to 
health care, and the provision of other state services. The Government 
assisted persons with disabilities in obtaining employment and 
professional education. Businesses and enterprises with at least 25 
employees must by law fill a quota for hiring workers with disabilities 
and pay them prevailing wages. The quotas were fixed according to the 
total number of employees; employers who did not fulfill them were 
subject to sizable monthly fines. The Government provided subsidies and 
tax breaks for employers who hired persons with disabilities. There 
were no known complaints of noncompliance with the disability laws. 
However, the Government acknowledged that laws establishing quotas for 
businesses that employ over 25 persons were not applied or enforced 
consistently, and there was a particular problem in the case of persons 
with mental disabilities.
    The law does not directly mandate accessibility for persons with 
disabilities, but the Government paid subsidies to builders to 
construct ``disabled-friendly'' structures. Despite government 
incentives, only a small proportion of buildings and public 
transportation vehicles were modified to accommodate persons with 
disabilities.
Section 6. Worker Rights
    a. The Right of Association.--All workers had the constitutional 
right to associate freely and choose their representatives, and they 
exercised this right in practice. Of the working population, about 50 
percent, including workers who commuted from neighboring countries, 
belonged to a trade union.

    b. The Right to Organize and Bargain Collectively.--The law does 
not specifically allow unions to conduct their activities without 
interference; however, unions operated free of interference, and the 
Government protected this right in practice. The law provides for and 
protects collective bargaining, which was conducted in periodic 
negotiations between unions and employers. The Constitution provides 
for the right to strike, except for government workers who provide 
essential services. There are no export processing zones.

    c. Prohibition of Forced or Compulsory Labor.--The Government 
prohibits forced and 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 16. 
Apprentices who are 16 years old must attend school in addition to 
their job training. Workers under the age of 18 have additional legal 
protection, including limits on overtime and the number of hours that 
can be worked continuously. The Ministries of Labor and Education 
effectively monitored the enforcement of child labor laws.

    e. Acceptable Conditions of Work.--The law provides for minimum 
wage rates that vary according to the worker's age and number of 
dependents. The minimum wage for a single worker over the age of 18 was 
approximately $1,820 (1,403 euros) per month for unskilled workers, and 
$2,190 (1,684 euros) per month for skilled workers. The minimum wage 
was not sufficient to provide a decent standard of living for a worker 
and family; however, most employees earned more than the minimum wage.
    The law mandates a maximum workweek of 40 hours. Premium pay was 
required for overtime or unusual hours. Sunday employment was permitted 
in continuous-process industries (steel, glass, and chemicals) and for 
certain maintenance and security personnel; other industries could 
request permission for Sunday work, which the Government granted on a 
case-by-case basis. Work on Sunday, allowed for some retail employees, 
must be entirely voluntary and compensated at double the normal wage or 
with compensatory time off on another day equal to the number of hours 
worked on Sunday. The law requires rest breaks for shift workers and 
limits all workers to a maximum of 10 hours per day, including 
overtime. All workers received at least 5 weeks of paid vacation 
yearly, in addition to paid holidays.
    The law mandates a safe working environment. An inspection system 
provided severe penalties for infractions. The Labor Inspectorate of 
the Ministry of Labor and the Accident Insurance Agency of the Social 
Security Ministry carried out effective inspections. No laws or 
regulations specifically provided workers with the right to remove 
themselves from dangerous work situations without jeopardy to their 
continued employment; however, every worker has the right to ask the 
Labor Inspectorate to make a determination regarding workplace safety, 
and the inspectorate generally did so expeditiously.

                               __________

                               MACEDONIA

    Macedonia is a parliamentary democracy with multiethnic party 
representation and a popularly elected president. In 2001, the country 
experienced an insurgency conducted by Kosovar and indigenous ethnic 
Albanians. In August 2001, domestic political parties signed the 
Framework Agreement (FWA) that called for implementation of 
constitutional and legislative changes to lay the foundation for 
improved civil rights for ethnic minority groups. Parliament had 
completed nearly all remaining FWA-mandated legislative actions by 
year's end, including new laws on fiscal and administrative 
decentralization and municipal boundaries, which provided for enhanced 
minority civil rights and devolution of power to local governments. In 
April, following the death of former president Boris Trajkovski, Branko 
Crvenkovski was elected President in elections deemed generally free 
and fair by international observers. Former Interior Minister Hari 
Kostov became Prime Minister in May, but resigned after less than 6 
months in office. Former Defense Minister Vlado Buckovski became Prime 
Minister in December. The Constitution provides for an independent 
judiciary; however, corruption, coercion and political influence at 
times limited its ability to function efficiently.
    The Ministry of Interior (MOI), which oversees the uniformed 
police, the non-uniformed police, the police reservists, the internal 
intelligence service, and the newly-formed Border Police, is under the 
control of a civilian minister; a parliamentary commission oversees 
operations. The civilian authorities generally maintained effective 
control of the security forces. Some members of the security forces 
committed human rights abuses.
    The country, with a population of approximately 2 million, had a 
mixed market-based economy. The gross domestic product grew by less 
than 2 percent during the year. According to the labor force survey, 
unemployment remained at approximately 37 percent; however, that figure 
did not reflect the large gray market economy. Wages kept pace with 
inflation.
    The Government generally respected the human rights of its 
citizens; however, there were problems in some areas. Law enforcement 
officers occasionally beat suspects, particularly during initial arrest 
and detention. In contrast with previous years, arbitrary arrest and 
prolonged pretrial detention occurred infrequently. The Government 
showed progress on investigating allegations of human rights abuses 
that arose during the year, as well as in investigating cases that 
arose from previous years. On some occasions, the judiciary did not 
effectively investigate or prosecute state agents and civilians for 
alleged human rights abuses. In some cases, police continued to compel 
citizens to appear for questioning despite requirements that they first 
obtain a court order. Implementation of an Amnesty Law for former 2001 
combatants not accused of war crimes was completed by year's end.
    Several judges were dismissed during the year on charges of 
unprofessional and unethical behavior. The International Criminal 
Tribunal for the Former Yugoslavia (ICTY) continued to investigate 
alleged war crimes cases with cooperation from the Government. Violence 
and discrimination against women (particularly in the Roma and ethnic 
Albanian communities) remained problematic. Societal discrimination 
against minorities, including Roma, ethnic Albanians, and ethnic Turks, 
also remained a problem. Trafficking in women and girls for 
prostitution was a problem; however, the Government continued to 
aggressively combat trafficking.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Arbitrary or Unlawful Deprivation of Life.--There were no 
political killings; however, security forces killed at least four 
individuals during the year.
    On March 7, police shot and killed two armed men and injured a 
third in the village of Zerovanje, near Tetovo, as they attempted to 
arrest the individuals for committing armed robberies of taxi drivers. 
The officers opened fire after the suspect attempted to run over a 
police officer with his car. The MOI Professional Standards Unit (PSU) 
launched an immediate investigation and concluded that the use of 
firearms was justified.
    On August 13, police shot and killed an Albanian citizen in Debar 
during an arrest attempt. The victim, wanted by police in connection 
with organized crime, approached the officers with a live hand grenade. 
Two police officers were injured in the incident. A PSU investigation 
found that the officers used appropriate force.
    On December 25, police killed one person in a shootout as they 
attempted to arrest armed criminal Lirim Jakupi in an apartment in 
Tetovo. The victim, a 21-year-old male student, was harboring Jakupi in 
his apartment at the time he was shot. Jakupi escaped to Kosovo 
following the failed arrest and was later arrested by UNMIK forces in 
Pristina. One police officer was injured in the shootout.
    The Government made progress in investigating the Rastanski Lozija 
case, involving the police killing of seven illegal immigrants in 2002. 
Due to pressure from international observers and human rights 
organizations, the Government reopened the investigation during the 
year. On April 28, police detained six persons in connection with the 
case. On April 29, the Parliament voted to revoke then-M.P. Boskovski's 
parliamentary immunity, and, on May 4, the MOI issued a warrant for 
Boskovki's arrest. On September 1, Boskovksi was arrested and charged 
in Croatia, after the Government submitted evidence on the case to 
Croatian authorities. At year's end, Boskovski was in detention, 
awaiting trial in Croatia.
    On November 15, the trial of four of the six persons arrested in 
April in connection with the Rastanski Lozja case began in Skopje and 
was ongoing at year's end. Two of the six persons arrested in April 
agreed to testify against their former co-workers in exchange for 
reduced sentences.
    Charges against Selam Selami, who was detained in connection with 
the shooting of two ethnic Macedonian police officers near Gostivar and 
severely beaten by police in 2002, were dropped in 2003. A PSU 
investigation determined that no excessive force was used. As of year's 
end, there had been no further investigation into the allegations of 
police abuse. International observers continued to question the quality 
of the PSU investigation, and the MOI agreed to review Selami's case; 
however, a new investigation had not been opened by year's end.
    There was progress in the investigation of human rights abuse cases 
from past years. In October, the MOI and international community 
representatives agreed to establish a mechanism for reviewing older 
cases that remained unresolved. The MOI began additional field 
investigations in the first of these cases in mid-December and planned 
to proceed case-by-case until all outstanding cases were closed.
    There were no new developments in the case of an ethnic Albanian 
who was killed in 2002 by the Macedonian Border Brigade after the car 
he was in ran through an illegal crossing in the village of Belanovce. 
The case of the ``Lion'' (member of a now-disbanded special police unit 
of the same name) who shot and killed an ethnic Albanian man on the 
Tetovo-Gostivar highway in 2002 was re-opened and additional 
investigation was underway at year's end. A police officer present at 
the scene of the 2002 police killing of an ethnic Albanian man at a 
checkpoint in Tetovo gave evidence to the investigative judge and a 
civil case was pending. In December, MOI officials were carrying out 
additional field investigations related to the case.
    Unlike the previous year, there were no deaths as a result of 
landmine incidents.
    Three ethnic Albanians were sentenced to 12-year prison terms for 
planting an explosive device along the Kumanovo-Sopot road in 2003; the 
explosion killed two Polish NATO soldiers and two civilians, and 
seriously injured two others. Seven ethnic Albanians were tried on 
charges of terrorism for planting explosives in the center of the city 
and on the railway tracks near Kumanovo in 2003, killing one and 
injuring several others. Each of the seven was convicted and sentenced 
to a maximum of 7-years in prison.
    Demining and unexploded ordnance disposal efforts in former 
conflict areas continued at year's end. The Office of Civil Protection 
in the Ministry of Defense was responsible for de-mining and mine-
awareness education.

    b. Disappearance.--There were no reports of politically motivated 
disappearances.
    The International Committee on Missing Persons (ICMP), in 
cooperation with the Government and family members, identified 8 of the 
20 persons missing since the 2001 conflict.
    Two of the Macedonian cases in which the ICTY has asserted primacy 
deal with missing persons (see Section 4).

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The Constitution prohibits such practices; however, police 
at times used excessive force during the apprehension of criminal 
suspects and sometimes tortured and abused prisoners.
    In October, police reportedly beat two of several ethnic Albanians 
arrested near Stenkovec and charged them with attempted murder of a 
taxi driver and illegal possession of firearms. The MOI stated that 
force was used because the suspects tried to fire their weapons at 
police. The PSU investigation, in cooperation with Proxima, concluded 
that the allegations of abuse could not be confirmed; however, 
international observers were reviewing the case at year's end. The PSU 
report prescribed additional training on the appropriate use of force 
for the officers involved.
    In 2003, a court sentenced Sulejman Sulejmani to 10 years in prison 
for planting a landmine in Sopot that killed two Polish NATO soldiers 
and two citizens. Sulejmani's lawyer appealed the conviction; a Supreme 
Court appeal was pending at year's end. Sulejmani denied the 
allegations against him and claimed harassment by police and detention 
in an unknown location for 2 days after his arrest. The PSU report 
found no evidence of police abuse of authority or use of excessive 
force. Copies of the report were delivered to the Helsinki Committee, 
the Ombudsman's Office, the NGO Arka in Kumanovo, and the Organization 
for Security and Cooperation in Europe (OSCE).
    In June 2003, security and counter-intelligence officers in 
Kumanovo allegedly unlawfully detained and severely mistreated Avni 
Ajeti, who was suspected of planting a mine on the Skopje-Belgrade 
railroad and a bomb in the Kumanovo central square. In December 2003, 
Ajeti was sentenced to 7 years' imprisonment for terrorism; his appeal 
was pending at year's end. A PSU investigation found no evidence of 
mistreatment in Ajeti's case, but international observers continued to 
doubt the thoroughness of the investigation.
    There were credible reports of occasional police violence and 
harassment against Roma.
    On July 5, three police officers beat Trajan Ibrahimov and Bergiun 
Ibrahimovic, both Romani men from Skopje, outside Ibrahimov's home. The 
police approached the home in search of a fugitive, and despite 
Ibrahimov's response that he was not the fugitive, the officers 
proceeded to beat both men on the head and body and arrested them. Both 
men were then taken to a police station and held for more than a day. 
The European Roma Rights Center (ERRC) filed a criminal complaint of 
maltreatment as well as a private criminal complaint against the 
officers for inflicting bodily injuries. A PSU investigation found that 
police use of force was justified. According to the PSU report, 
officers acted on an anonymous tip that fugitive Tahir Ibraimovic, for 
whom they had an arrest warrant, was located inside the house. The 
police informed the two men that they were searching for a fugitive 
named Ibraimovic, and asked for the men's identification. Trajan 
Ibrahimov reportedly slapped one of the officers, who struck back in an 
attempt to subdue him. Bergul Ibrahimov then struck the officer in the 
knee. The two men were taken into custody and asked to submit to 
alcohol testing, which they refused. Police filed criminal charges 
against both men for assault on a police officer during execution of 
his duties.
    Two Romani men who filed civil charges against four police officers 
in Kumanovo in connection with alleged ill-treatment in 2003 reached an 
undisclosed financial settlement out of court two weeks after the 
event.
    The case against former MOI Boskovski for injuring four persons 
during a Lion's live-fire training exercise in 2002 remained stalled at 
year's end. Boskovski is in detention in Croatia facing several 
unrelated charges.
    There were no developments during the year in the following cases 
from 2002: The alleged torture by police of Dusko Aranglovi; the 
reservist police officer shooting of an 11-year-old girl in Skopje; the 
beatings of at least seven ethnic Albanians by members of the Lions 
special police unit. A 2002 PSU report concluded that the police 
beating of Plasnica Mayor Ismali Jaoski was not an excessive use of 
force.
    Charges against six to eight police officers who severely beat an 
OSCE observer at a bar in 2002 were dismissed shortly thereafter, when 
the observer declined to pursue the case and left the country.
    Prison conditions generally met international standards, and 
prisons met basic diet, hygiene, and medical care requirements. Men and 
women were held separately. Pretrial detainees were held separately 
from convicted criminals. Juvenile prisoners were supposed to be 
physically separated from adults; however, juveniles often served their 
sentences with adults.
    The Government permitted visits to convicted prisoners by 
independent humanitarian organizations such as the International 
Committee of the Red Cross (ICRC) and the Human Rights Ombudsman. The 
Criminal Code was amended during the year to allow access to pretrial 
detainees for family members, physicians, chiefs of diplomatic 
missions, and representatives from the European Committee for the 
Prevention of Torture (CPT) and ICRC, following the approval of the 
investigative judge. The ICRC was initially denied access to detainees 
after the passage of the new law; however, by year's end, access had 
been granted.
    The CPT was authorized to visit all places of detention on a 
regular and ad hoc basis, as well as numerous police stations. In July, 
the CPT carried out a week-long visit; the report on the visit was not 
available at year's end.

    d. Arbitrary Arrest or Detention.--The Constitution specifically 
prohibits unlawful arrest; however, arbitrary arrest and detention were 
problems.
    The Macedonian National Police, within the MOI, is a centralized 
force with two major components: Uniformed police and criminal 
(civilian) police. In March, a Border Police was established within the 
MOI that took over responsibility for border operations from the 
military. By year's end, the Border Police had complete control over 
all border operations in southern and eastern parts of the country. 
They were expected to assume full responsibility for the northern and 
western parts of the country by the end of 2005.
    MOI officials in Skopje control, supervise, and direct all 
subordinate regional offices, which allows little opportunity for 
regional and local commanders to design and implement policies that 
specifically address the needs in their jurisdictions.
    The 185-member European Union (EU) Police Mission Proxima was 
deployed in December 2003 to perform an advisory role, assisting the 
police in former conflict areas and advising on MOI reforms. The EU 
granted Proxima a 12-month extension in October at the request of the 
Government.
    The police force remained largely ethnic Macedonian; however, the 
Government took steps to improve ethnic representation, such as 
maintaining a 22 percent recruiting quota for ethnic minority recruits 
and beginning a training course for an additional 345 ``non-majority'' 
police officers. Ethnically mixed patrols operated in predominantly 
ethnic Albanian areas.
    The MOI took concrete steps to reform the police. In October, it 
opened the police academy to update and institutionalize the processes 
of selection, training, and continuous education of police officers, 
and to create a merit-based, professional police cadre. The Academy's 
first class of 141 candidates included 99 ethnic Macedonians, 23 ethnic 
Albanians, 3 ethnic Turks, 7 ethnic Serbs, 3 ethnic Roma, 2 ethnic 
Bosnians, 2 ethnic Vlachs, and 2 of other ethnicities. Human rights 
training was mandated for all recruits at the Academy.
    MOI officials were slow at times to complete investigations and 
bring charges in outstanding human rights cases from previous years. In 
October, international observers noted improved MOI response to 
investigating individual cases of police misconduct and more frequent 
and consistent disciplining of officers found guilty; however, they 
cited a limited range of disciplinary options as an issue that 
sometimes precluded appropriate sanctions.
    The PSU, which is responsible for investigating corruption, 
completed a major corruption-related investigation in which it demoted 
70 traffic police officers, and terminated 8 for misuse of position, 
misappropriation of funds and receiving bribes. All 70 officers, 
including 2 police station commanders and 8 section leaders, were 
reassigned to other positions. Disciplinary procedures were initiated 
against 42 officers. Of these, 34 received a 15 percent pay cut for 1 
to 6 months, depending on specific aspects of the case, while 8 were 
terminated. The PSU filed criminal charges against two MOI 
administrators for their involvement in the same case. Proceedings were 
ongoing at year's end.
    In April, a pilot community policing project, the second in the 
country, was initiated by the MOI in Skopje. In April, a 1-year 
training course for 345 ``non-majority'' police officers, including 280 
ethnic Albanian police cadets, 40 ethnic Macedonian cadets, and 25 
cadets representing the other ethnicities, was initiated in accordance 
with the FWA.
    The law requires warrants for arrest and detention. There were 
fewer reports during the year that this procedure was violated. The 
Constitution states that a detainee must be arraigned in court within 
24 hours of arrest; however, police at times violated this requirement, 
often by transferring the suspect from one police station to another so 
as not to exceed a 24-hour period of police detention at the location. 
The accused is entitled to contact a lawyer at the time of arrest and 
to have a lawyer present during police and court proceedings; however, 
detainees were at times denied access to an attorney during police and 
investigative proceedings, which caused additional problems during 
later stages of the criminal proceedings.
    Suspects occasionally claimed ill-treatment by the police during 
initial detention periods (see Section 1.c.).
    There is a functioning bail system that was used primarily by the 
courts in ``property related crimes'' such as fraud, embezzlement, and 
abuse of official position. The courts were reluctant to approve bail 
for defendants accused of violent crimes or crimes against children.
    The police have no legal powers to coercively detain a person for 
an interview unless that person is arrested while committing a crime; 
however, there were several reports of police detaining individuals for 
``informative talks,'' although according to official information, all 
individuals were either released within 24 hours, or taken to an 
investigative judge for further proceedings. For example, in May, 
police in Prilep brought a group of young Roma to the police station 
for ``informative talks,'' stating that there was an increase in the 
percentage of Romani youths using narcotics and that the youths were 
brought in as a preventative measure.
    The maximum length of pretrial detention is 180 days; however, 
pretrial detention exceeding 180 days after indictments entered into 
force was a problem, and detainees at times were held on weak evidence. 
In October, Slobodanka Sukleva, the former director of the Gevgelija 
Medical Center, was released from 4 months of pretrial detention on 
corruption and embezzlement charges although criminal proceedings were 
ongoing at year's end.
    Investigative judges determine the legality of detention. The law 
provides for access by attorneys and other interested individuals to 
pretrial detainees, but such access has to be approved by an 
investigative judge and the warden of the detention facility; in 
practice, investigative judges and wardens regularly approved such 
access. If the judge determines that an arrested person should be 
further detained, the judge must immediately inform the public 
prosecutor. If the prosecutor does not file a request for a criminal 
investigation within 24 hours, the investigative judge must release the 
arrested person. This generally occurred in practice.
    NGOs, as well as other legal experts, contended that the judiciary 
sometimes abused its pretrial detention authority. During the year, 
there were fewer allegations than in previous years that the judiciary 
succumbed to pressure by the executive branch to order long detentions; 
however, on several occasions the opposition claimed that investigative 
judges, under pressure from the Government, improperly extended 
pretrial detention, allegedly for politically motivated reasons, in 
serious corruption-related cases.
    The Amnesty Law was regularly implemented and respected. Under 
provisions of the law, persons accused of fighting with or actively 
supporting the NLA up until the date of the NLA's disbandment in 2001 
were granted amnesty; however, the law did not apply to persons accused 
of war crimes as defined in the ICTY statute. More than 900 persons 
were given amnesty; by year's end, the amnesty process had been 
completed.
    The ICTY continued to investigate alleged war crimes and was 
expected to make its decisions regarding indictments in early 2005.
    In the case of 10 ethnic Albanians accused of abducting 5 ethnic 
Macedonians along the Tetovo-Gostivar highway in 2002, all were 
convicted and sentenced to 7 to 10 year prison terms in September. 
Lawyers for the defendants planned to appeal the case.

    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 generally weak, at 
times inefficient, and sometimes influenced by political pressure, 
intimidation, and corruption.
    The media reported that the Chief Prosecutor accused some lower 
courts of being biased or influenced by political factors, which 
resulted in prolonged trials and an inability to reach final judgments 
in politically sensitive cases. The State Anticorruption Commission 
reviews cases of alleged corruption, conflict of interest, and 
nepotism. It issued opinions, which frequently included recommendations 
that the prosecutor initiate criminal actions against those judges 
against whom there is sufficient evidence of corruption. During the 
year, the Republic Judicial Council (RJC) proposed to the Parliament 
that 13 judges be dismissed on the grounds of unprofessional and/or 
unethical behavior; 7 were removed.
    In one case, a former judge from Strumica was sentenced to a 1-year 
prison term for receiving bribes. In December, the Public Prosecutor's 
Office initiated criminal proceedings against a judge from Kochani on 
abuse of official position charges. The Government publicly expressed 
its discontent with the low number of court judgments in general.
    The State Anticorruption Commission criticized the Public 
Prosecutor's Office for a lack of cooperation in following up on cases 
brought by the Commission. The Chief Public Prosecutor responded by 
accusing one member of the Commission of conflict of interest for 
holding several public positions simultaneously. The Commission also 
challenged the president of the RJC for failing to submit her financial 
statements as required by the Law on Prevention of Corruption.
    Other judicial shortcomings included lengthy legal procedures, poor 
case management, lack of coordination between key legal institutions, 
political influence on the judiciary, and judicial corruption.
    The court system is three-tiered and composed of basic courts, 
appellate courts, and a Supreme Court. The Constitutional Court is not 
considered part of the judicial branch and deals with matters of 
constitutional interpretation and certain human rights protection 
issues.
    The FWA stated that the judiciary should better reflect the ethnic 
composition of the population and that one-third of the judges on the 
Constitutional Court, the Ombudsman, and three members of the Judicial 
Council should be chosen by the Parliament, including by a majority of 
the ethnic minority M.P.s, to ensure minority representation. Of the 
nine judges on the Constitutional Court, six were ethnic Macedonians, 
two were ethnic Albanians, and one was an ethnic Turk. Of the seven 
members of the RJC, four were ethnic Macedonians, two were ethnic 
Albanians, and one was an ethnic Serb. Of the 23 sitting Supreme Court 
Justices, there were 16 ethnic Macedonians, 6 ethnic Albanians, and 1 
ethnic Turk. One additional seat was unfilled at year's end.
    The Constitution provides for a fair public trial, and the 
Government generally respected this right in practice. Trials are 
presided over by judges appointed by the RJC (an independent agency) 
and confirmed by Parliament. Two to three community-member consulting 
jurors assist each judge in determining the verdict, although the judge 
makes the final decision regarding the sentence. The law also provides 
for the presumption of innocence, the right to a lawyer in pretrial and 
trial proceedings, the right to an appeal, and the right to stand trial 
within a reasonable period of time after charges have been pressed. 
These rights were generally respected in practice; however, lengthy 
legal procedures and delays were a problem. Court hearings and the 
rendering of verdicts were open to the public except in some cases, 
such as those involving minors and those in which the personal safety 
of the defendant was of concern. Trials could only be televised when 
authorized by the Supreme Court under special circumstances. 
International community members, including NGOs and other human rights 
observers, were regularly allowed to monitor high profile trials.
    The law provides that trials may be held in absentia so long as 
they are repeated if the convicted individuals later become accessible 
to justice officials. Two of eight codefendants tried in 2003 in 
absentia for planting several explosive devices in and around Kumanovo 
were later detained by the U.N.-authorized, NATO-led peacekeeping force 
in Kosovo. During the year, both were extradited to the country, 
retried, convicted, and sentenced to a maximum of 7 years in prison.
    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, 
it was reported that the Ministry of Interior used an illegal wiretap 
in October to catch suspects in a criminal case. The suspects' defense 
attorney complained to the Deputy Public Prosecutor; however, a PSU 
investigation concluded the MOI had used lawful surveillance methods.
    In 2003, the ERRC filed a pre-application letter with the European 
Court of Human Rights (ECHR) in Strasbourg against the Government to 
prevent the forced movement or expulsion of Kosovo Roma, Egyptian, and 
Ashkali refugees to Kosovo or to Serbia and Montenegro. According to an 
ERRC affiliate in Stip, during the year, the Government stopped the 
forced of movement and allowed the refugees to start the asylum 
procedure. Approximately 700 of the refugees received ``humanitarian 
protection,'' while some voluntarily returned to Kosovo.
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 media was not 
completely independent, as some media outlets were closely aligned with 
political interests, and some news and information were reported from a 
political perspective. The Government did not restrict academic 
freedom. Media were divided along ethnic lines, with the most striking 
divisions visible in reports on controversial political issues. There 
was no government-controlled print media.
    The Government stopped providing a yearly financial subsidy to the 
print media. The elimination of financial subsidies was strongly 
opposed by the Association of Print Media, composed of 14 daily and 
weekly publications. As of April, Pristina-based Koha Ditore started 
issuing a Macedonian edition of its Albanian-language daily, which 
rapidly attracted readership. Fakti is the other major Albanian-
language daily.
    Distributors of foreign newspapers and magazines no longer had to 
obtain permits from the MOI, and they were available throughout the 
country.
    Macedonian Radio and Television (MRTV) was the sole public 
broadcaster in the country, with distribution reaching over 90 percent 
of the population. MRTV broadcast in Macedonian and generally favored 
the government point of view on political issues.
    There were an estimated 150 local radio and television stations 
registered in the country. The Broadcasting Council of Macedonia 
recommended concessions, which the Government awarded, to radio and 
television broadcasters.
    A1 Television and Sitel Television were the only private television 
broadcasters with nationwide coverage until July, when the Government 
granted three additional licenses for nationwide coverage to Skopje-
based Telma TV and Kanal 5 TV, and Gostivar-based entrepreneur Vebi 
Velija. Over 50 private local television stations existed. There were 
two private Albanian-language television stations in Skopje, TV Era and 
TV Toska, as well as two stations that broadcast in the Romani 
language, TV-BTR and TV Sutel. TV EDO was a Bosniak language station.
    In December, the Vienna-based Southeast Europe Media Organization 
(SEEMO), of which the Macedonian Association of Private Electronic 
Media (APEEM) was a member, protested against alleged government 
restrictions on freedom of movement of journalists in the Skopje suburb 
of Kondovo after journalists from all major print and broadcast media 
claimed that they had been limited in their reporting on an armed 
ethnic Albanian group there. However, international observers following 
the developments in Kondovo did not report any government restraints on 
media coverage.
    There were two news agencies: State-owned Macedonian Information 
Agency (MIA) and private Makfax.
    Political influence on journalism, from ruling as well as 
opposition parties, was largely through economic pressure and indirect 
censorship. Methods of influencing the media included threats of 
advertising blackmail and denial of access to information sources.
    Defamation and slander are regulated according to the Penal Code; 
sanctions include prison sentences and fines. The Association of 
Macedonian Journalists unsuccessfully attempted to negotiate a 
decriminalization of defamation during the year. The Parliament adopted 
an amended Penal Code with few significant improvements.
    There were no new cases of slander brought before the courts; 
however, several slander cases concluded during the year. In April, a 
Bitola court sentenced journalist Mende Petkovski to a conditional 4-
month prison term for libeling Bitola Court of Appeals judge Nexhat 
Ajro. Petkovski wrote a story in 2002 that alleged judge Ajro was 
driving a car without registration plates. Petkovski appealed the 
decision with the Skopje Court of Appeals, and his appeal was pending 
at year's end.
    In May, Start magazine journalist Zoran Bozinovski was kept in 
detention for 6 days for not responding to a court subpoena after a 
private criminal lawsuit was filed against him on slander charges.
    In January, a court acquitted Goran Mihajlovski, editor-in-chief of 
Daily Vest, of charges of slander filed on behalf of former Prime 
Minister Ljupco Georgievski over a series of 2002 investigative reports 
alleging Georgievski was involved in property and financial fraud.
    In November 2003, Skopje Court 1 convicted Utrinski Vesnik 
journalist Sonja Kramarska, former A1 TV journalist Dragan Antonovski, 
and Zum weekly journalist Zoran Markozanov in three separate slander 
cases brought in 2001. The Association of Print Media strongly 
protested these court decisions, claiming that they were an attempt by 
the former government to intimidate journalists and impose control over 
the media. All three verdicts were contested before the Court of 
Appeals: In the case of Dragan Antonovski, the court had not ruled on 
the appeal by year's end; Zoran Markozanov's case was returned to the 
First Instance Court for review; and Sonja Kramarska's appeal was 
rejected.
    The trial of Start journalist Marjan Gjurovski on charges of 
slander filed by former director of the Public Security Bureau Goran 
Mitevski was ongoing at year's end.
    There were no investigation results in the investigation of the 
2002 attack by an unknown gunman on the printing facility of now-
defunct Global magazine in Mala Recica and the destruction of the 
vehicle of Global's co-owner and Start owner Ljupco Palevski at year's 
end.
    At year's end, the trial was ongoing against Nikola Tasev, former 
General Manager of Nova Makedonija, and Besnik Fetai, former Minister 
of Economy, who were charged with abuse of power for selling 70 percent 
of Nova Makedonija's shares on the eve of 2002 parliamentary elections. 
Nova Makedonija was the largest publishing house before its liquidation 
in 2003.
    No progress was made in the two police investigations into a June 
2003 incident in Aracinovo, where local residents physically prevented 
MTV, Sitel TV and Telma TV from reporting on an incident and several 
journalists sustained injuries.
    The Government did not restrict access to the Internet.

    b. Freedom of Peaceful Assembly and Association.--The Constitution 
provides for the freedom of assembly and association, and the 
Government generally respected these rights in practice.
    Advance notification to authorities of large public meetings was 
optional. Religious gatherings, if they occur outside of specific 
religious facilities, could only be convened by registered religious 
groups and must be approved in advance by the MOI (see Section 2.c.).
    On July 22, police used shock bombs and tear gas to control a 
rioting crowd of protesters who were throwing rocks and Molotov 
cocktails at the local headquarters of the ruling SDSM party in Struga, 
with Defense Minister Buckovski and others trapped inside. Up to 30 
persons were injured during the riot, including a Proxima police 
officer, and several police vehicles were also burned by the crowd. PSU 
and EU Proxima investigations found that police did not use excessive 
force.
    On July 26, a related protest in Skopje remained peaceful, and 
police leaders exercised restraint in responding to occasionally 
violent provocations by youth protesters.
    Political parties and organizations are required to register with a 
court. More than 64 political parties were registered, including 
parties of Albanians, Turks, Serbs, Bosniaks, and Roma.

    c. Freedom of Religion.--The Constitution provides for freedom of 
religion, and the Government generally respected this right in 
practice; however, the law places some limits on religious practice by 
restricting the establishment of places of worship. The Constitution 
specifically mentions several religious denominations and faiths, 
including the Macedonian Orthodox Church (MOC), the Methodist Church, 
Islam, Catholicism, and Judaism; however, none of these religious 
communities had official status or privileges.
    The Law on Religious Communities and Groups contained a number of 
specific requirements for the registration of religious groups that 
were struck down by the Constitutional Court in 1999. Consequently, 
there was confusion over which registration procedures still applied. 
According to the law, only one religious community or group may be 
registered per confession. In November, the Government rejected an 
application filed on behalf of the Ohrid Archbishopric, an affiliate of 
the Serbian Orthodox Church, citing this provision of the law.
    The Government requires that religious groups be registered to 
request visas for visiting foreigners. It is no longer necessary to 
have a government ``opinion'' to own a ``religious facility''; however, 
a government opinion is legally required to obtain a permit to build 
such a facility. After a recent Constitutional Court ruling struck down 
sections of the Law on Religious Communities and Groups that authorized 
the Government to provide such an opinion, religious groups were 
effectively blocked from constructing worship facilities pending 
planned amendments to the law. The Government generally did not take 
action against religious buildings lacking permits; however, there were 
exceptions. On October 15, building inspectors demolished an illegally 
built church belonging to the Bishop Jovan of the Serbian Orthodox 
Church (SOC) in the village of Nizepole.
    The law places some restrictions on the establishment of places of 
worship. A provision exists for holding services in other places, not 
included in the law, provided that a permit is obtained at least 15 
days in advance. No permit or permission is required to perform 
religious rites in a private home. The law also states that religious 
activities ``shall not violate the public peace and order, and shall 
not disrespect the religious feelings and other freedoms and rights'' 
of persons who are not members of that particular religion. The 
Government did not actively enforce most of these provisions of the 
law, but acted upon complaints when they were received.
    On January 11, police acting on complaints from building residents 
alleging disruption of peace and order arrested Zoran Vraniskovski, 
also known as Bishop Jovan, along with 11 of his followers after they 
conducted a liturgy in Vraniskovski's Bitola apartment, and submitted a 
misdemeanor complaint. Soon afterwards, the Bitola Public Prosecutor's 
Office filed criminal charges against Jovan for inciting religious and 
ethnic hatred based on the alleged publication and distribution of a 
religious calendar containing text considered offensive by members of 
the MOC. The text calls the MOC ``the last fortress of communism'' and 
its believers ``heretics.'' Jovan admitted to writing the text, but not 
to producing and distributing the calendar. On August 19, the Bitola 
Basic Court found Jovan guilty of the charges of inciting religious and 
ethnic hatred and sentenced him to 18 months in prison. At year's end, 
Jovan remained free pending appeal of his case.
    The law also requires that foreigners entering the country with the 
intent to carry out religious work and/or perform religious rites 
receive approval from the Government's Commission on Relations with the 
Religious Communities. When applying for visas, persons planning to 
perform religious work must submit a letter of invitation from 
representatives of a registered religious group in the country to the 
Commission, which then issues a letter of approval to be submitted with 
the visa request. Approvals were normally issued within 2-3 days.
    Education laws restrict the establishment of all private primary 
schools, including parochial schools; however, there were no 
restrictions placed on religious education that took place in religious 
spaces (churches, mosques, etc.). In 2002, the Government granted work 
visas to employees at the Timothy Academy, an evangelical Christian 
academy operated by foreigners for foreign children, and legally 
registered the school as an NGO. In 2003, Timothy Academy's initial 
request for renewed work visas was denied due to insufficient 
documentation. In December, after bureaucratic delays, Timothy 
Academy's request for renewed work visas was approved.
    At year's end, the Jewish Community reported that all outstanding 
property claims of the Community had been resolved; however, problems 
remained with the restitution of properties belonging to the Holocaust 
Fund of the Jews from the Republic of Macedonia. The Jewish Community 
expressed some frustration with the slow pace of developments 
concerning these properties. The Jewish Community received a partial 
decision restoring some of these properties to the Fund in November, 
but was still awaiting full restoration.
    On March 4, several spectators hung banners with swastikas at a 
handball match between two local teams near the city of Bitola. Police 
officials present did not confront the individuals responsible for the 
banners, and pictures of the policemen standing in front of the banners 
appeared in newspapers the following day. Several newspapers published 
editorials critical of the police's inaction, and the MOI later 
disciplined the officers in question.
    In February, an explosion occurred in Bitola at the Asan Baba 
mosque. There were no injuries and few details emerged about the 
incident, apart from a report that grenades were used and that the 
location had also been attacked by ethnic Macedonians during the 2001 
riots in Bitola related to the ethnic Albanian insurgency. In March, 
during the unrest in Kosovo, unknown attackers threw several Molotov 
cocktails on the roof of a mosque in Kumanovo. There was no damage to 
the mosque beyond scorching of ceramic tiles. In April, two churches in 
Tetovo reportedly were vandalized following Easter services.
    There were isolated reports of vandalism of religious properties.
    At year's end, the ongoing ownership dispute between the Bekteshi 
religious sect and the Macedonian Islamic Community over the Bekteshi 
religious facility remained unresolved. The Bekteshis had filed suit 
against the Government for not reversing the former Yugoslavia's 
nationalization of their Tetovo compound as well as against the 
Macedonian Islamic Community, armed members of which took over the 
complex in August of 2002. Although the armed intruders left by the end 
of 2002 under international community pressure, Islamic Community 
leaders continued to hold services on these grounds and members of the 
Bekteshi community were not allowed to worship there 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. 
According to the Minister of Justice, the Amnesty process was completed 
during the year. Individuals could still initiate legal procedures to 
obtain a formal amnesty; however, no one had done so by year's end.
    The Constitution prohibits forced exile, and the Government did not 
employ it.
    Under the Constitution, any Yugoslav citizen who had legal 
residence in the country in 1991 could acquire citizenship by simple 
application; however, unresolved citizenship status of long-term 
habitual residents remained an ongoing problem. Many former Yugoslav 
citizens were unable to acquire Macedonian citizenship. As a result, 
they often were unable to obtain valid identity documents.
    In 2003, the Parliament approved the law on citizenship, which 
reduced the residency requirement for aliens from 15 to 8 years and 
provides more favorable conditions for acquiring citizenship for 
foreigners married to Macedonian citizens, persons without citizenship, 
and persons with refugee status. Former President Trajkovski vetoed the 
legislation in January; however, Parliament overrode Trajkovski's veto 
on January 23 and the law came into effect.
    At the height of the country's internal conflict in 2001, the U.N. 
High Commissioner for Refugees (UNHCR) estimated that approximately 
170,000 persons, approximately 8 percent of the population, were 
displaced from their homes. A majority of these internally displaced 
persons (IDPs) and refugees have returned to their homes. According to 
UNHCR, approximately 1,424 IDPs remained displaced in the country in 
December. The ICRC supported approximately half of the IDPs with 
income-generating projects in the agricultural, livestock-rearing and 
handicraft sectors, but expected this to be the last form of material 
support they would provide. According to the UNHCR, approximately 837 
refugees from the country remained in Kosovo as of November.
    IDPs and refugees often did not return to their hometowns because 
their houses were still badly damaged or entirely destroyed as a result 
of the 2001 conflict. The UNHCR and foreign governments led efforts to 
rehabilitate homes that suffered minor damage. The European Agency for 
Reconstruction (EAR) continued to rebuild badly damaged homes. At 
year's end, approximately 6,243 homes, of a total of some 6,643 
destroyed or damaged homes, had been rehabilitated or rebuilt. In some 
cases, persons did not return to their homes in ethnically mixed 
locales because they felt unsafe. Arsonists reportedly burned some of 
the rebuilt homes in Opaje and Jeduarce. Overall, UNHCR and EAR 
recorded fewer cases of arson and vandalism of rebuilt homes than in 
the previous year.
    The new asylum law provides for the granting of asylum and refugee 
status to persons who meet the definition in the 1951 UN Convention 
Relating to the Status of Refugees and its 1967 Protocol. The 
Government had 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; however, in 2003 the Government expelled two Kosovo 
refugees by dropping them off at the Serbian border (not the Kosovo 
portion).
    At year's end, there were approximately 1,233 asylum seekers; 957 
persons enjoying ``humanitarian protection'' (a form of asylum under 
the Law on Asylum and Temporary protection which can last for up to a 
year and is renewable); 23 recognized refugees; 24 Bosnians permitted 
to remain in the country under the Aliens Act; and 6 rejected asylum 
seekers. Approximately 2,311 persons had applied for asylum by October. 
Few asylum seekers were granted that status, but those who were denied 
had the opportunity to appeal to the Supreme Court. As of year's end, 
the Supreme Court had not ruled on any of the appeals it received 
during the year.
    The Government cooperated with the UNHCR and other humanitarian 
organizations in assisting refugees. During the year, 124 refugees 
voluntarily returned to Serbia and Montenegro (including Kosovo). A 
total of 2,239 refugees from Kosovo, almost all of whom were Roma, 
remained. These refugees benefited from a limited temporary 
humanitarian protection status that did not provide for self-reliance 
or local integration rights. Refugees were sheltered in private 
accommodations, with the exception of 14 asylum-seekers who were housed 
at the Gazi Baba reception center. The UNHCR closed the collective 
center in Katlanovo, near Skopje, in mid-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.
    By year's end, Parliament had completed nearly all FWA-mandated 
legislative actions, which was designed to enhance minority civil 
rights and devolution of power to local governments. In particular, 
laws regarding the use of languages and flags had not yet been debated 
in the Parliament.
    On February 26, President Trajkovski died in a plane crash. 
Presidential elections were held April 14 and 28. Then-Prime Minister 
Branko Crvenkovski of the ruling coalition partner Social Democratic 
Union of Macedonia (SDSM) won the election, and was inaugurated 
President on May 12. International observers characterized both rounds 
of the election as satisfactory, but noted serious second-round 
irregularities in parts of the country. Opposition VMRO-DPMNE 
challenged the election results on the basis of the irregularities; 
however, international observers concluded that these did not 
significantly influence the final outcome. The Parliament confirmed 
Hari Kostov, former Interior Minister, as Prime Minister on June 2. 
Prime Minister Kostov resigned on November 15, after less than 6 months 
in office. Former Defense Minister Vlado Buckovski was confirmed as 
Prime Minister on December 17.
    In August, the Parliament passed a package of decentralization laws 
mandated by the FWA. Among these were several controversial laws on 
revised municipal boundaries. Opponents of the new municipal 
redistricting plan had begun a referendum drive in February, and 
collected enough signatures by the end of August to compel the 
Government to hold a referendum. The referendum, on November 7, asked 
citizens to vote for or against re-establishing municipal boundaries as 
defined in a 1996 law. The referendum failed due to low voter turnout 
and paved the way for FWA-mandated fiscal and administrative 
decentralization and increased devolution of power and resources to 
local communities.
    Corruption was a problem in the executive and legislative branches 
of the Government. The State Anticorruption Commission was responsible 
for investigating charges of corruption as well as complaints submitted 
by citizens. During 2003, the Commission initiated 15 investigations 
and responded to 603 civil complaints concerning the work of state 
bodies, privatization procedures, judicial procedures, and other 
relevant cases. Of the 15 cases, 5 resulted in recommendations for 
continued investigations or court proceedings, 5 were dismissed or 
resolved without further proceedings, and 5 were stalled pending 
additional information from relevant persons or state bodies. The 
Commission acted on 427 of the civil complaints, of which 10 percent 
were ultimately submitted to competent state bodies for continued 
investigation. In 2003, the Customs Administration began operating a 
free, anonymous hotline for citizens to report suspected cases of 
smuggling and corruption among customs officials. As of year's end, 
seizures of smuggled products had more than doubled from the previous 
year.
    There were 23 women in the 120-seat Parliament, 21 of whom were 
ethnic Macedonians and 2 of whom were ethnic Albanians. Out of the 19 
ministers in the Government, 3 were women--the Foreign Minister, the 
Justice Minister and one of three Deputy Prime Ministers. The law 
requires women to constitute 30 percent of each political party's list 
of candidates in elections at both the national and municipal levels. 
In Muslim communities, particularly among more traditional ethnic 
Albanians, many women were disenfranchised due to the practice of 
family or proxy voting through which male family members voted on their 
behalf.
    There were 26 ethnic Albanians, 1 Macedonian Muslim, 1 Roma, 3 
Turks, 2 Serbs, 2 Bosniaks and 1 Vlach in the 120-seat Parliament. Four 
ethnic Albanian parties and a Roma party had M.P.s; the ruling 
government coalition included one of the three major ethnic Albanian 
parties, as well as the Roma party, a Bosniak party, a Serb party, and 
a Turk party.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    A number of international and domestic human rights groups 
generally operated without government restriction, while investigating 
and publishing their findings on human rights cases. The OSCE led 
international community efforts to engage the Government on human 
rights issues. Government officials were generally receptive to the 
views of human rights groups.
    There were more than 4,000 registered NGOs, including the MRC, 
FORUM, Transparency International, MOST, Macedonian Helsinki Committee, 
and many local NGOs devoted to specific causes, including Roma rights, 
human trafficking, and voters' rights.
    The OSCE and EU monitoring missions continued to assist with 
implementation of the FWA and to work on restoring confidence between 
ethnic Macedonians and ethnic Albanians.
    The ICTY continued to investigate five alleged war crimes cases 
over which it asserted primacy in 2002, including the killing of ethnic 
Albanian civilians by police at Ljuboten in August 2001. Two of the 
cases in which the ICTY asserted primacy dealt with missing persons. 
ICTY planned to announce by year's end which of these cases would be 
tried by the Tribunal and which would be returned to the country for 
possible prosecution. The Government generally cooperated with the 
Tribunal.
    The FWA gives the Ombudsman the mandate to improve 
nondiscrimination and equitable representation of non-majority 
communities. The Ombudsman's Office opened six decentralized offices in 
Bitola, Kumanovo, Tetovo, Stip, Strumica and Kicevo during the year; 
however, six deputy ombudsmen had not been appointed by year's end. The 
Ombudsman has the legal right to visit all persons detained, including 
those in pretrial detention, at any time, in private, and without prior 
authorization and it was able to freely to exercise this right during 
the year.
    According to its published annual report, the Ombudsman ascertained 
that state institutions violated individuals' rights in 550 cases, 
approximately 20 percent of the total complaints received in 2003. The 
largest number of cases concerned violations of judicial, labor and 
property rights. The Government acted on the Ombudsman's 
recommendations in 356, or 65 percent of these cases. The Ombudsman's 
Office described overall official cooperation as ``good and 
improving.'' For the first time during the year, the Parliament held a 
2-day session to review the annual report of the Ombudsman.
Section 5. Discrimination Based on Race, Sex, Disability, Language, or 
        Social Status
    The Constitution provides for equal rights for all citizens 
regardless of their sex, race, color of skin, national or social 
origin, political beliefs, property, or social status; however, 
societal discrimination against ethnic minorities persisted, and the 
protection of women's rights remained a problem.

    Women.--Domestic and other violence against women was a persistent 
and common problem. Legal recourse is available to rape victims, 
including victims of marital rape; however, cultural norms discouraged 
the reporting of such violence, and criminal charges on the grounds of 
domestic violence were very rare. In March, Parliament adopted two 
amendments to the Criminal Code that specifically addressed domestic 
violence and increased the maximum sentence to life imprisonment. In 
June, Parliament adopted changes to the Family Law to include 
provisions for civil restraining orders; however, police did not 
receive formal training related to domestic violence. Police in some 
police stations in Skopje did receive a briefing on new regulations 
concerning family violence, but there are no internal practical police 
guidelines in place for investigating cases of family violence. Victims 
of family violence often were reluctant to bring charges against 
perpetrators because of the shame it would inflict on the family, and 
police were limited in their ability to respond to allegations of 
domestic violence and spousal rape if the crime did not occur in police 
presence.
    According to some surveys, one out of four women claimed to have 
been a victim of domestic violence, either physical or psychological. 
Public concern about violence against women was not evident in the 
media, although some women's groups were working to raise awareness of 
the issue. NGOs and the Government operated shelters for victims of 
spousal abuse, and three new government shelters were opened during the 
year in Bitola, Kocani and Strumica. A hotline remained open, but had 
limited hours. The Government offered some limited support for victims 
of domestic violence, but relied heavily on international donor support 
to maintain the hotline and shelters.
    Rape is specifically addressed in the Criminal Code; however, rape 
convictions require proof of both penetration and active resistance on 
the part of the victim. These regulations are more stringent than the 
requirement for any other violent crime. Penalties for rape or forcible 
sexual assault range from a minimum of 1 year to a maximum of 15 years' 
imprisonment. There were some rape cases tried during the year.
    Trafficking in women for sexual exploitation was a problem (see 
Section 5, Trafficking).
    Sexual harassment of women in the workplace was a problem, 
particularly in the private sector; however, there was little public 
attention paid to the issue. Sexual harassment was not specifically 
addressed by law; however, it could be prosecuted as a criminal act 
under antidiscrimination legislation. In practice, this did not happen. 
Women remained underrepresented in the higher levels of the government 
and private sectors, although some professional women were prominent.
    Women from some parts of the ethnic Albanian community did not have 
equal opportunities for employment and education, primarily due to 
traditional and religious constraints on their full participation in 
society and schools. In some ethnic Albanian communities, women were 
disenfranchised due to the practice of family and proxy voting through 
which men vote on behalf of women family members (see Section 3).
    The Office of Gender Equality in the Ministry of Labor and Social 
Policy was responsible for ensuring the legal rights of women. In 
January, the Government submitted its first report to the U.N. 
Committee on the Elimination of Discrimination Against Women.
    Women's advocacy groups included the Humanitarian Association for 
the Emancipation, Solidarity, and Equality of Women; the Union of 
Associations of Macedonian Women; and the League of Albanian Women. 
These groups worked to combat domestic violence and trafficking, 
increase women's political involvement, improve women's access to legal 
services, and promote female establishment of small and medium 
enterprises, among other activities. A Women's Parliamentary Lobby 
comprised all female M.P.s.

    Children.--The Government was committed to the rights and welfare 
of children; however, it was significantly limited by resource 
constraints. The Office of the Ombudsman contained a special unit for 
children, partially funded by UNICEF.
    Education is mandatory through the eighth grade or to the age of 
16; however, some children did not enter the education system at all. 
The Ministry of Education reported 95 percent enrollment; however, no 
other official data was available on children's school attendance or 
the number of children who did not have access to education. Primary 
and secondary education was free; however, students had to provide 
their own books and other materials.
    Almost 90 percent of the children who finished primary school 
continued on to secondary school; however, at both the primary and 
secondary levels, girls in some ethnic Albanian communities remained 
underrepresented in schools, and only approximately half of ethnic 
minority students went on to high school. This was due in part to lack 
of available classes in minority languages at the secondary level and 
in part to many rural, ethnic Albanian families' conviction that girls 
should be withdrawn from school at age 14.
    According to Romani community leaders, up to 10 percent of Romani 
children never enrolled in school. Of those who did enroll, 50 percent 
dropped out by the fifth grade and only 35 to 40 percent finished the 
eighth grade. The Ministry of Education encouraged ethnic minority 
students, particularly girls, to enroll in secondary schools.
    As in previous years, poor physical conditions of schools and 
insufficient classroom space were common complaints, particularly in 
the predominantly ethnic Albanian western parts of the country, and 
parents and students sometimes protested these conditions. Parents in 
Dobarce and Brodec--two villages near Tetovo--boycotted the start of 
the school year in protest of poor physical conditions at their 
children's schools.
    Interethnic fights and beatings remained commonplace in the 
country's public schools.
    Medical care for children was adequate; however, it was hampered by 
the generally difficult economic circumstances of the country and by 
the weak national medical system.
    There were reports of the abuse of children, although there was no 
societal pattern of such abuse. According to MOI statistics, the number 
of reported cases of sexual abuse against children decreased; there 
were 37 reported cases during the year.
    Girls were trafficked for sexual exploitation (see Section 5, 
Trafficking.)
    Romani children were often organized into groups by Romani adults 
and made to beg for money at busy intersections, street corners, and in 
restaurants and cafes (see Section 6.d.).
    According to some estimates, there were between 500 and 1,000 
street children in the country. In Skopje, the Government operated a 
daycare center for street children, who were predominantly Roma. The 
government-funded center, which served between 60 and 100 children 
daily, was staffed by social workers, psychologists and teachers and 
offered an alternative approach to rehabilitating street children.
    The Ombudsman's Office for Children continued to investigate 
complaints regarding violations of children's rights.

    Trafficking in Persons.--The law prohibits trafficking in persons; 
however, trafficking in persons remained a serious problem. Amendments 
to the 2002 trafficking law adopted in April provide for the arrest, 
prosecution, and sentencing of important traffickers; however, 
significant challenges, primarily in the judiciary, remained in 
eliminating trafficking and related activities. In some isolated 
instances, police were complicit in the trafficking of persons.
    It is a criminal offense to traffic persons for sexual 
exploitation, forced labor or servitude, slavery, or a similar 
relationship. The trafficking law mandate a minimum of 4 years 
imprisonment for most trafficking crimes and a minimum of 6 months for 
the destruction of identification documents of trafficked persons. 
Persons convicted of organizing human trafficking receive a mandatory 
minimum prison term of 8 years and 1 to 10 years for complicity in the 
crime of human trafficking. The new Criminal Code provision adopted in 
April introduces a method of plea bargaining by waiving criminal 
sentences for coconspirators who provide evidence against the 
organizers of human trafficking crimes. A minimum sentence of 6 months 
is also mandated for persons who wittingly use, or enable another 
person to use, sexual services from a trafficked person. The Criminal 
Code increased the mandatory minimum prison term for trafficking in 
children from 4 to 8 years, while simultaneously increasing the 
mandatory minimum prison term for knowingly using trafficked children 
and juveniles for sexual exploitation to 8 years. The mandatory minimum 
sentence for persons who destroy or withhold a person's passport or 
identity documents in the course of committing a crime of human 
trafficking is 4 years.
    The new statute subjects legal entities to criminal liability and a 
fine of at least $2,000 (94,000 denars) for human trafficking.
    In 2003, Parliament approved a constitutional amendment legalizing 
special investigative methods to be used in trafficking investigations, 
including wiretapping.
    As of August, the MOI had brought charges in 40 cases of criminal 
offenses committed by 80 individuals. Nine were said to be direct cases 
of human trafficking and involved 31 alleged perpetrators. In 20 other 
cases, charges were brought against 35 persons for dealing in 
prostitution. Charges were also brought for the smuggling of migrants 
across international borders, and for transportation of persons for 
purposes of sexual slavery.
    In May, one case was brought to trial in Gostivar, with a victim 
from Ukraine testifying against the alleged trafficker. In June, in 
another case in Gostivar, a victim from Moldova testified against a 
person who was charged with mediation in prostitution. In the Ohrid 
Basic Court, three victims from Ukraine and one from Romania testified, 
leading to the indictment of three persons for mediation in 
prostitution. At year's end, verdicts in these cases were pending.
    Although some trafficking trials were ongoing during the year, no 
traffickers were sentenced.
    The MOI's Department of Organized Crime was the lead government 
body on antitrafficking activities and detailed several law enforcement 
personnel to work full time in its main trafficking unit in Skopje. It 
also deployed antiorganized crime police officers to combat human 
trafficking on a local level. The Government routinely cooperated with 
neighboring countries national organizations, most notably the 
Southeast European Cooperative Initiative.
    While the country remained primarily a transit and destination 
country, officials and others acknowledged that it was also a country 
of origin for a small number of trafficking victims. Reliable 
trafficking statistics were not available, but according to experts, 
including the OSCE and others working in the field, the general 
estimate was that between 200 and 400 women were trafficked to or 
through the country during the year primarily for the purpose of sexual 
exploitation. MOI officials reported a downward trend in human 
trafficking during the year, although the number of persons internally 
trafficked rose. Ukraine, Moldova, Romania and Bulgaria remained the 
primary sources of trafficked victims and victims trafficked through 
the country were most often in route to Serbia and Montenegro 
(including Kosovo), Albania, and Western Europe.
    Trafficked women were forced to work in prostitution, often under 
the guise of dancers, hostesses or waitresses in local clubs. Police 
raids and testimony by victims confirmed that trafficking victims were 
subjected to threats, violence, physical and psychological abuse, and 
seizure of documents to ensure compliance.
    There was one documented case of police complicity in trafficking 
in Gostivar, in which an officer was suspended from duty pending two 
criminal charges for misuse of official position and trafficking in 
persons. The pretrial criminal procedure concluded; however, a hearing 
had not been scheduled by year's end. Two police officers who testified 
on behalf of trafficker Dilaver Bojku were under investigation for 
possible complicity in trafficking.
    During the year, the International Organization for Migration (IOM) 
assisted 24 victims of trafficking at its local shelter, which it 
operated with support from the Government and a local NGO. Of these 24 
victims, 4 were under 18 years old. However, the total number of women 
who were assisted in the transit shelter center was 38, of whom 12 were 
under age 18. Two of the assisted persons were citizens.
    There were modest signs of increased witness facilitation activity 
during the year. According to MOI sources, the Ministry offered support 
and protection to at least seven victims and witnesses who testified 
against traffickers in four prosecuted cases. The IOM repatriated all 
self-identified trafficking victims who voluntarily agreed to 
participate in the repatriation program, including victims who 
testified against their traffickers. In cases when victims of 
trafficking were brought into the country to testify against their 
traffickers, they were returned to their countries of origin as part of 
the program for witness facilitation. In May, one case was brought to 
trial in Gostivar, with a victim from Ukraine testifying against the 
alleged trafficker. In December, a victim from Bulgaria testified in a 
case leading to an indictment on human trafficking charges. At year's 
end, verdicts in these cases were pending.
    The Government's National Commission for Prevention and Suppression 
of Trafficking in Persons, which consisted of representatives from 
several ministries, coordinated the Government's efforts to combat 
trafficking. A Secretariat provided recommendations to the National 
Commission and assisted in the implementation of the Government's 
national action plan.

    Persons With Disabilities.--The law prohibits discrimination on the 
basis of disability; however, there was discrimination against persons 
with disabilities in employment, education, access to health care, and 
in the provisions of other state services. No laws or regulations 
mandate accessibility to buildings for persons with disabilities, and 
many public buildings remained inaccessible for persons with physical 
disabilities.
    A recent survey, conducted by the Enterprise for Research, 
Consultancy and Services (BSC ESTEK) found that only 9 percent of 170 
private businesses surveyed employed persons with disabilities.
    The Inter-Party Parliamentary Lobby Group (IPPLG) for the Rights of 
People with Special Needs worked to develop and promote legislation 
promoting the rights of disabled persons. In March, amendments to the 
Law for Employment of People with Disabilities, which more clearly 
define employees' rights and employers' obligations, were adopted by 
Parliament.
    UNICEF worked with the Government on several projects aimed at 
mainstreaming children with disabilities; however, it reported that the 
Government was reconsidering its support for these programs. The 
Ministry of Labor and Social Policy operated 8 daycare centers for 
disabled children.

    National/Racial/Ethnic Minorities.--Based on the 2002 census, 64.18 
percent of the country's population are ethnic Macedonian; 25.17 
percent are ethnic Albanian; 3.85 percent are ethnic Turkish; 2.66 
percent are Roma; 1.78 percent are ethnic Serb; 0.84 percent are 
Bosniak; and 0.49 percent are ethnic Vlach.
    Inter-ethnic relationships remained strained, and these tensions 
were visible throughout the year. During the referendum campaign, the 
new municipal boundaries were frequently referred to as ``territorial 
division,'' drawing heightened attention to the increased number of 
majority-Albanian municipalities under the new laws. Pro-referendum 
events often featured nationalist rhetoric, although these events 
generally remained peaceful. On August 4, a pro-referendum motorcade 
passed through the Skopje neighborhood of Cair, where ethnic Albanians 
reportedly threw stones at the vehicles.
    On August 26, ethnic Albanian villagers in Celopek protested the 
planned installation of a plaque commemorating two ethnic Macedonians 
who were killed at the site of the Motel Brioni during the 2001 
conflict. The motel site was at the center of a property dispute 
between ethnic Albanian and ethnic Macedonian villagers, and 
disagreement over its usage took on an ethnic dimension.
    Interethnic tension in schools remained a problem. On November 15, 
an attempt to reintegrate a technical school in Kumanovo failed after 
returning ethnic Albanian students alleged ill treatment by ethnic 
Macedonian students and returned to their separate schools. On November 
29, ethnic Macedonian and ethnic Albanian students clashed at Niko 
Nestor high school in the town of Struga. Following the incident, 
students and parents went on ``strike,'' citing safety concerns and 
deteriorating interethnic relations at the school.
    Students from different ethnic groups often studied in separate 
shifts, or entirely separate facilities, frequently at their parents' 
request. In Kumanovo, which was severely affected by the 2001 conflict, 
ethnic Macedonian, Albanian, and Serbian students continued to study 
separately, contributing to growing segregation in the area. In 
Shemsevo, ethnic Macedonian parents refused to send their children to 
mixed local schools, and instead sent them to monoethnic schools in the 
nearby towns of Jegunovce and Zilce. In Celopek, ethnic Macedonian and 
Albanian students traveled to school on separate buses, and ethnic 
Macedonian parents complained that their children were forced to use 
substandard classroom facilities. Poor material conditions in schools 
exacerbated tensions.
    There also were incidents of societal violence and discrimination 
against Roma during the year. There were credible reports of occasional 
police violence against Roma, including beatings during arrest and 
while in detention (see Section 1.c.).
    All citizens are equal under the law and the FWA; however, ethnic 
tensions and prejudices remained problems and some governmental 
institutions discriminated on the basis of ethnicity. The ethnic 
Albanian community was concerned about the slow progress in reaching 
equitable representation goals in government ministries, while ethnic 
Macedonians often claimed that they were targeted for downsizing 
regardless of job performance. Implementation of the FWA-mandated legal 
changes was slow, and ethnic Albanians and Roma, particularly, 
continued to complain of widespread discrimination.
    Some ethnic Albanians and Roma reported that they were effectively 
disenfranchised by discrimination in citizenship decisions (see Section 
2.d.).
    Although some progress was made, underrepresentation of ethnic 
Albanians in the military and police remained a problem (see Section 
1.d.). In April, a 1-year training course for 345 ``non-majority'' 
police officers was initiated and included 280 ethnic Albanian police 
cadets, 40 ethnic Macedonian cadets, and 25 cadets representing the 
other ethnicities in the country.
    The military continued its efforts to recruit and retain minorities 
by placing increased numbers of recruiters in the field; bringing in 
noncommissioned officers (NCOs) through its NCO academy, where 
minorities comprise over half of each graduating class; and actively 
recruiting ethnic Albanian specialists in medical and technical fields.
    The constitutional amendments mandated by the FWA stated that 
Albanian must be recognized as a second, official language in areas 
where it is spoken by 20 percent or more of the population. The FWA 
stipulates that the Albanian language would be used officially in 
Parliament for the first time in October 2002 by M.P.s newly elected in 
2002, with interpretation in the Macedonian language provided for 
ethnic Macedonians and others. In areas where ethnic minorities 
constitute more than 20 percent of the population, citizens had the 
right to communicate with local offices of the central Government in 
the language of the minority group, receive responses and personal 
documents in the same language; however, this did not always occur in 
practice. Under the law, those accused of crimes have the right to 
translation at state expense of all relevant judicial proceedings and 
documents; however, this did not occur in practice.
    The FWA allowed for ethnic minority groups to display their 
national emblems next to the emblem of the Republic of Macedonia on 
local public buildings in municipalities in which they are a local 
majority.
    The Constitution provides for primary and secondary education in 
the languages of the ethnic minorities and primary education was 
available in Macedonian, Albanian, Turkish, and Serbian. The number of 
ethnic minority students who received secondary education in their 
native languages continued to increase; however, ethnic Albanians 
complained that distribution of public educational resources was not 
proportional to ethnic groups' representation within the general 
population.
    At the university level, ethnic minorities remained 
underrepresented, although there was progress in increasing the number 
of minority students. In January, the Parliament passed a law 
officially recognizing Tetovo University as a state-funded, Albanian 
language university. This was a major step towards fulfilling the FWA 
requirement that state funding be provided for university-level 
education in languages spoken by at least 20 percent of the population. 
Tetovo University began operating officially in October with 
approximately 1500 students, including 40 ethnic Macedonians.
    Ethnic Turks also complained of governmental, societal, and 
cultural discrimination. Their main concerns centered on the lack of 
Turkish majority municipalities in the new municipal redistricting 
proposal, as well as a lack of Turkish language education and media.
    Roma had the highest rate of unemployment and the lowest personal 
and family incomes, were the least educated, and had the highest birth 
and mortality rates of any ethnic group in the country. The Government 
provided very little in the way of social services to Roma. According 
to the 2002 census, Roma made up 2.66 percent of the population, but 
Romani leaders claimed that the actual number of Roma was 3 or 4 
percent higher due to difficulties in enumerating the Roma population.
    In 1999, approximately 6,000 Roma fled Kosovo and took up residence 
in the country in response to both the Kosovo conflict and the 
hostility of ethnic Albanian Kosovars. At year's end, 2,239 of these 
Romani refugees remained in the country. The presence of these Romani 
refugees was not welcomed among the country's ethnic Albanians, who 
largely had hostile views concerning Roma (see Section 2.d.). Ethnic 
Macedonians also expressed irritation at the arrivals, many of whom 
settled in Skopje, and some of whom frequented busy traffic 
intersections to beg, wash car windows, or sell small items. These Roma 
were often targets of harassment and verbal abuse, such as ethnic 
slurs.

    Other Societal Abuse and Discrimination.--Homosexuality was 
decriminalized in the country in 1996; however, while societal 
prejudice against homosexuals did exist, there were no reported 
incidents of violence towards homosexuals during the year. In June, the 
NGO Center for Civil and Human Rights challenged the Law on Service in 
the Macedonian National Army as unconstitutional, contending that it 
discriminated on the basis of sexual orientation.
Section 6. Worker Rights
    a. The Right of Association.--The Constitution provides for the 
right to form and join trade unions, and the Government generally 
respected these rights in practice.
    The Ministry of Labor and Social Policy is responsible for 
registering independent trade unions. According to the law, all 
independent unions are free to register. Although several independent 
trade unions have been registered, some reported encountering 
obstacles, such as being told that only trade unions belonging to the 
Confederation of Trade Unions of Macedonia (SSM) may legally register. 
More than 50 percent of the legal workforce was unionized, and unions 
were particularly strong in the garment industry and the public sector.
    Interest among workers for forming independent labor unions outside 
of SSM was growing. In recent years, there have been several newly 
formed unions, including of journalists, policemen, and farmers.
    The SSM encompassed approximately 17 autonomous branch unions 
organized according to government or industry sectors. Membership was 
voluntary and fee-paying members made up almost 75 percent of the 
employed labor force. SSM's largest member union, SONK (Teachers' 
Union), suspended its dues payments because of disagreements with the 
SSM president.
    SSM is independent from the Government, and all branch unions are 
part of SSM. The president of the SSM generally maintains close ties 
with Government officials.
    The law prohibits antiunion discrimination; however, it existed in 
practice. Workers in private companies on several occasions were fired 
for participating in union activities. Because of the slow pace of the 
court system, at times, it took 2 to 3 years to regain employment 
legally.
    Employers sometimes became involved in the internal affairs of 
unions. Most often, they dominated union election campaigns or ran 
their own candidates in elections. Consequently, workers sometimes were 
afraid to run for local union office and union elections were not 
always free and fair.

    b. The Right to Organize and Bargain Collectively.--The 
Constitution implicitly recognizes employees' right to bargain 
collectively, and most branch and local unions have collective 
bargaining agreements. However, the concept of collective bargaining 
remains in its infancy, and many collective bargaining agreements were 
outdated and have failed to keep pace with changes in the environment 
and workplace. Collective bargaining took place, but in the country's 
weak economic environment, employees had very little practical 
negotiating leverage. Collective agreements were negotiated between the 
unions and the Ministry of Labor and Social Welfare.
    The SSM was the Government's main negotiating partner on labor 
issues, along with the Chamber of the Economy. The SSM negotiated two 
national collective bargaining agreements with the Government, covering 
the public and private sector. The branch unions negotiated directly on 
a national level with the Chamber of Commerce and on a local level with 
each enterprise where they have members.
    The Constitution provides the right to strike and workers exercised 
this right in practice during the year.
    Some members of the military and the police were permitted to 
strike but only if they adhered to restrictive guidelines and continued 
to perform essential duties; however, unlike in previous years, there 
were no reports of police strikes.
    There are no export processing zones.

    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 and 
6.d.).

    d. Prohibition of Child Labor and Minimum Age for Employment.--The 
minimum age for employment is 15-years old, and 17-years old for work 
considered hazardous. Working minors are placed under special 
protection of the law, which declares that minors may not be employed 
in work that is detrimental to their health and morality.
    Reported violations of child labor laws increased during the year, 
and child labor was used in the ``gray economy'' (including begging on 
the streets and selling cigarettes and other small items at open 
markets, in the streets, and in bars or restaurants, sometimes at 
night) and in illegal small businesses. Such violations received only 
token punishment, if any, and children remained vulnerable to 
exploitation. Children legally could not work nights or more than 40 
hours per week. The Ministry of Labor and Social Welfare was 
responsible for enforcing laws regulating the employment of children.
    Efforts to eliminate child labor abuse have been largely 
ineffective, with reported violations of child labor laws increasing 
over the year. While the necessary legal infrastructure was in place, 
there has been little practical implementation of the policy and laws, 
and little was done to raise public awareness on child labor abuse. The 
NGO sector was active in organizing workshops on children's rights. 
There were some programs and projects intended to prevent children from 
working, such as the Project for Children on the Streets, which 
organized shelters for abandoned children, and the MOI's Transition 
Center for women and children involved in prostitution.

    e. Acceptable Conditions of Work.--The average monthly wage was 
approximately $244 (12,182 denars). The minimum wage is set differently 
across sectors; however, the average wage did not provide a decent 
standard of living for workers and their families. Many persons took on 
supplemental work, often in the ``gray market.'' The Government 
Statistics Office estimated that 30.2 percent of the population lived 
below the poverty line.
    The country has an official 40-hour workweek with a minimum 24-hour 
rest period and vacation and sick leave benefits. According to the 
collective agreement, employees have a right to overtime of 35 percent 
of regular pay and employees cannot work over 10 hours of overtime per 
week. According to labor regulations, an employee is entitled to 18 to 
26 days of paid vacation, not including weekends. However, high 
unemployment and the fragile condition of the economy led many 
employees to accept work conditions that did not comply with the law. 
In particular, small retail businesses often required employees to work 
far beyond the legal limits.
    The Constitution provides for safe working conditions, temporary 
disability compensation, and leave benefits. Although there are laws 
and regulations on worker safety, they were not enforced strictly by 
the Ministry of Labor and Social Welfare. Workers have the right to 
remove themselves from situations that endangered their health or 
safety without jeopardy to their future employment; however, employers 
did not always respect this right in practice.

                               __________

                                 MALTA

    Malta is a constitutional republic and a parliamentary democracy. 
The chief of state (President) is appointed by the unicameral 
Parliament. The President appoints as Prime Minister the leader of the 
party that gains a plurality of seats in the Parliamentary elections. 
General elections in 2003 returned the Nationalist Party to power. 
During the year, the country joined the European Union and elected 
representatives to the European Parliament. The judiciary is 
independent.
    The Police Corps is responsible for internal security, for 
maintaining law and order and for enforcing the law, with backup 
support from the armed forces. The civilian authorities maintained 
effective control of the security forces. There were no reports that 
security forces committed human rights abuses.
    The economy was a mixture of state-owned and private industry, with 
manufacturing and services, including tourism, the largest sectors. 
Residents enjoyed a moderate to high standard of living. Per capita 
income was $11,704. The population is approximately 399,000. The 
estimated nominal gross domestic product growth rate during the year 
was 2.1 percent.
    The Government generally respected the human rights of its 
citizens, and the law and the judiciary provide effective means of 
addressing individual instances of 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.
    Prison conditions generally met international standards. Men and 
women were held separately, as were juveniles and adults. Pretrial 
detainees were also held separately from convicted prisoners.
    The Government permits visits by independent human rights 
observers; a delegation from the Council of Europe's Committee for the 
Prevention of Torture visited the country during the year.

    d. Arbitrary Arrest or Detention.--The Constitution and the law 
prohibit arbitrary arrest and detention, and the Government generally 
respected these prohibitions.
    The Police Corps maintained internal security with backup support 
from the armed forces. The armed forces were responsible for defense, 
with an emphasis on protecting the country's territorial waters and 
airspace. The appointed commissioner who commands the police was under 
the effective supervision of the civilian Minister of Justice and Home 
Affairs, while the commander of the armed forces was under the direct 
supervision of the Prime Minister.
    The police may arrest a person for questioning on the basis of 
reasonable suspicion but within 48 hours must either release the 
suspect or file charges. Arrested persons have no right to legal 
counsel during this 48-hour period. Persons incarcerated pending trial 
were granted access to counsel. Bail normally was granted. Detention 
cells were in use at police headquarters.

    e. Denial of Fair Public Trial.--The Constitution provides for an 
independent judiciary, and the Government generally respected this 
provision in practice.
    In a case that drew considerable attention in the local media, 
criminal corruption charges remained outstanding against a former Chief 
Justice and a second judge who resigned over bribery charges in 2002. 
At year's end, no date had been set for a trial.
    The President, on the advice of the Prime Minister, appoints the 
Chief Justice and 16 judges. The highest court, the Constitutional 
Court, interprets the Constitution and has original jurisdiction in 
cases involving human rights violations and allegations relating to 
electoral corruption charges. The Civil Court of Appeal hears appeals 
from the civil court, court of magistrates, and special tribunals, 
while the Court of Criminal Appeal hears appeals from the criminal 
court.
    Criminal courts, composed of a judge and nine jurors, hear criminal 
cases. The civil court's first hall hears civil and commercial cases 
that exceed the magistrates' jurisdiction; the civil court's second 
hall offers voluntary jurisdiction in civil matters. The court of 
magistrates has jurisdiction for civil claims of approximately $2,900 
(1,000 Maltese lira) and for lesser criminal offenses. Juvenile courts 
hear cases involving persons less than 16 years of age.
    The Constitution provides for the right to a fair public trial 
before an impartial court, and an independent judiciary enforced this 
right. Defendants have the right to counsel of their choice or, if they 
cannot afford counsel, to court-appointed counsel at public expense. 
Defendants enjoy a presumption of innocence, may confront witnesses and 
present evidence, and have the right of appeal.
    There were no reports of political prisoners.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The Constitution prohibits such actions, and the 
Government generally respected these prohibitions in practice; 
violations were subject to effective legal sanctions.
    Police officers with the rank of inspector and above were allowed 
to issue search warrants based on reasonable grounds for suspicion of 
wrongdoing. Under the law, special powers such as telephone tapping are 
available to the security services only under specific written 
authorization of the Minister for Home Affairs or the Prime Minister; 
such actions are permitted only in cases related to national security, 
including combating organized crime. Authorizations are examined by a 
special commission and security committee; the Prime Minister, the 
leader of the opposition, and the Ministers of Home and Foreign Affairs 
were on this committee and oversaw the service's work.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The Constitution provides for 
freedom of speech and of the press, and the Government generally 
respected these rights in practice; however, the law prohibits foreign 
participation in local politics during the period leading up to 
elections, although this provision rarely was used. An independent 
press, an effective judiciary, and a functioning democratic political 
system combined to ensure freedom of speech and of the press, including 
academic freedom.
    The independent media were active and expressed a wide variety of 
views without government restriction. The international media operated 
freely.
    In July, the Broadcasting Authority, an independent statutory body 
that is responsible for television and radio broadcasting, fined an 
independent television station for broadcasting an interview with an 
independent candidate for the European Parliament on the grounds that 
his statements as broadcast could incite racial hatred or encourage 
criminality in breach of the law. The station filed a counter lawsuit 
in response. The case was ongoing 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. The Constitution establishes Roman Catholicism as the state 
religion.
    There are numerous non-Catholic religious groups, including an 
Islamic community and a small Jewish community, practicing freely.
    The Government and the Catholic Church participated in a foundation 
that finances Catholic schools. While religious instruction in 
Catholicism was available in all state schools, the Constitution 
establishes the right not to receive this instruction if the student or 
guardian objects. This right was practiced freely.
    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 
employ it.
    The law provides for the granting of asylum or refugee status to 
persons 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. A 
magisterial inquiry that investigated the 2002 case of 220 persons 
deported to Eritrea, who subsequently disappeared and were believed to 
have been killed, found no evidence of irregular or illegal practices 
and concluded that the Government had exercised due discretion and 
diligence throughout the entire deportation process and had provided 
the Eritrean nationals full information about their rights. This 
included the right to request refugee status, which the Eritreans did 
not request.
    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 law provides for refugee 
status, access for refugees to free social services and education, 
residence permits, and travel documents. Work permits for refugees were 
issued on a case-by-case basis. A refugee commission and an appeals 
board review asylum applications.
    The law provides that due process and protections be made available 
to refugees applying for asylum. During the year, some procedural 
amendments to the law were enacted, including provisions for the 
appointment of assistant refugee commissioners and procedures for the 
establishment of additional chambers of the Refugee Appeals Board. The 
Government also provided temporary protection to individuals who may 
not qualify as refugees under the 1951 Convention/1967 Protocol and 
provided it to approximately 560 persons during the year.
    During the year, the refugee commission received 997 applications 
for refugee status. It approved 49 of these and refused 259; 141 
remained pending and included some applications that were filed in 
previous years; and 560 persons were offered temporary humanitarian 
protection. Approximately 20 applications were withdrawn.
    In order to handle the increase in refugee and asylum seekers, the 
Government began identifying sites for new centers for detained 
immigrants. In addition, the Cabinet assigned to the Ministry for 
Family and Social Solidarity responsibility for the welfare, 
accommodation and general management of persons released from 
detention. The ministry was also responsible for welfare services 
provided to detainees. Irregular immigrants awaiting a decision on 
their cases occasionally protested against being detained or attempted 
to escape.
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. Parties and candidates may freely 
propose themselves for public office. Candidates can propose themselves 
either as independent or as affiliated with a party. The last general 
election was held in April 2003.
    There were 6 women in the 65-seat House of Representatives. Two 
women held ministerial rank in the 14-member Cabinet. One woman was 
Parliamentary Secretary. There were four women in the Magistrates' 
Court. Approximately 13 percent of senior government officials were 
women. One woman, a former ambassador, was appointed Permanent 
Secretary at the Ministry of Foreign Affairs, the most senior civil 
service position within the Ministry.
    There were no members of ethnic or racial minorities in the House 
of Representatives or the Cabinet.
Section 4. Governmental Attitudes Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    A number of domestic and international human rights groups 
generally operated without government restriction, investigating and 
publishing their findings on human rights cases. Government officials 
were cooperative and responsive to their views.
    The country has a presidentially appointed ombudsman who is 
responsible for conducting investigations of government operations on 
his/her own initiative and in response to complaints or grievances 
lodged by citizens against government departments and public entities. 
The Office of the Ombudsman operated independent of government or party 
influence and exercised its duties freely.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The Constitution and law prohibit discrimination based on race, 
place of origin, political opinion, color, creed, or gender. Alleged 
victims of job discrimination were allowed to apply directly for 
redress to the Employment Commission of the first hall of the Civil 
Court in the appropriate jurisdiction.

    Women.--During the year, reports of domestic violence against women 
showed a small decrease. During the year, the Police Domestic Violence 
Unit received 233 reports of domestic violence, an average of 19 per 
month, compared with 260 reports for 2003 or an average of 22 per 
month. A special police unit and several voluntary organizations 
provided support to victims of domestic violence. There was a hotline 
to assist victims of abuse through counseling and referrals to legal 
assistance shelters. The Government provided support to victims of 
domestic violence through the Department of Welfare for the Family and 
its Social Welfare Agency known as Appogg; a Government-supported 
shelter for women and children operated during the year. The Government 
also maintained an emergency fund and subsidized shelters. The 
Government provided financial support to a shelter operated by the 
Catholic Church.
    Rape and violent indecent assault carry sentences of up to 10 
years' imprisonment. The law treats spousal rape in the same manner as 
other rape. Divorce is not available. However, if obtained legally 
abroad, it can be enforced in the country. Both legal separation and 
civil annulment are available.
    Prostitution is a criminal offense. Although exact figures were not 
available, there were a number of prosecutions during the year. The law 
was enforced in such cases and included prison sentences of between 
several months and 2 years.
    The Constitution provides that all citizens have access, on a 
nondiscriminatory basis, to housing, employment, and education.
    There has been a significant increase in the number of women 
pursuing higher education. In 2003, women university graduates 
outnumbered their male counterparts. There has been an increase in 
female participation in courses such as information technology and 
engineering, while the law student body was mainly made up of women.
    While women constituted a growing portion of the work force, they 
were underrepresented in management and generally earned less than 
their male counterparts.
    During the year, the Council of Europe Parliamentary Assembly 
suspended the voting rights of the country's delegation at an Assembly 
session because it did not include a woman. The Parliament subsequently 
changed the composition of the delegation to include a female 
representative.
    During the year, the court found a commercial cargo handling 
company owned by the largest trade union, the General Workers Union, 
guilty of gender-based discrimination against three female employees 
and was ordered to pay damages to the employees.
    The Ministry for the Family and Social Solidarity and the National 
Commission for the Promotion of Equality for Men and Women, set up 
during the year, handled gender equality issues. The Commission's 
program focused on broader integration of women into society. It 
advised the Government on the implementation of policies in favor of 
equality of the sexes.
    Women enjoyed equality in matters of family law, and the Government 
promoted equal rights for all persons regardless of gender. The 
Government took steps to provide gender-neutral legislation, and 
redress in the courts for sexual discrimination was available.

    Children.--The Government was strongly committed to children's 
rights and welfare. It provided free, compulsory, and universal 
education through age 16. Close to 100 percent of school age children 
attend school. The Government provided universal free health care to 
all citizens.
    The Government addressed concerns for children's rights and welfare 
within family law. A law establishing the Commissioner for Children to 
oversee children's rights came into force in December 2003, and the 
commissioner was appointed in January.
    The number of reported cases of child abuse increased from the 
previous year, although there was no societal pattern of abuse of 
children. As of the end of June, 516 cases of child abuse had been 
reported. Prison sentences were handed down in a number of cases 
involving sexual abuse of minors.
    All criminal proceedings related to the family, particularly cases 
involving children, were transferred from the Magisterial Courts to the 
newly established Criminal Section of the Family Court.

    Trafficking in Persons.--The criminal code prohibits trafficking in 
persons. During the year, the Criminal Court handed down a jail 
sentence in the case of three persons who were found guilty of 
trafficking foreign women for the purpose of sexual exploitation, but 
the sentence was suspended. The law prohibits procurement for 
prostitution, pornography, sexual offenses, defilement of minors, 
illegal detainment, unlawful carnal knowledge, and indecent assault. 
Traffickers may be prosecuted under the criminal code or under the 
Immigration Act for unlawful entry or unregulated status.

    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.
    The law requires the private sector to apply the same equal 
employment guarantees as exist in the public sector. For example, 
private development project plans must include access for persons with 
disabilities. The Employment Training Corporation was responsible for 
registering unemployed persons with disabilities to ensure compliance 
with the law, which requires that every company employing more than 20 
persons hire at least 2 percent of its workforce from the Register for 
Unemployed Disabled Persons.

    National/Racial/Ethnic Minorities.--A few thousand persons of Arab, 
African, and Eastern European origin lived in the country. Owners of 
some bars and discos periodically discouraged or prohibited darker-
skinned persons, particularly of African or Arab origin, from entering 
their establishments.
    The law criminalizes racial hatred, but no court cases were 
reported by year's end.
Section 6. Worker Rights
    a. The Right of Association.--The law allows workers to form and to 
join unions of their choice without previous authorization or excessive 
requirements, and workers did so in practice. Approximately 63 percent 
of the work force was unionized. Although all unions were nominally 
independent of political parties, the largest, the General Workers' 
Union, generally was regarded as having close informal ties with the 
Labor Party. Noncivilian military and police personnel are not allowed 
to strike or to join a union.

    b. The Right to Organize and Bargain Collectively.--The law allows 
unions to conduct their activities without interference, and the 
Government protected this right in practice. The law provides for 
workers to organize and bargain collectively, and they did so in 
practice. Under the law, the responsible minister may refer labor 
disputes either to the Industrial Tribunal (a government-appointed body 
consisting of representatives of government, employers, and employee 
groups) or to binding arbitration at the request of only one of the 
parties. Workers have the right to strike, and they exercised this 
right in practice. There are no special laws or exemptions from regular 
labor laws in export processing zones.

    c. Prohibition of Forced or Compulsory Labor.--The Government 
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 younger than age 16. The 
Department of Labor enforced the law effectively but allowed summer 
employment of underage youth in businesses operated by their families; 
some underage children were employed as domestics, restaurant kitchen 
help, or vendors.

    e. Acceptable Conditions of Work.--The weekly minimum wage was 
approximately $140 (48 lira) for persons under age 17; $144 (50 lira) 
for 17-year-olds; and $152 (52 lira) for persons aged 18 and over. In 
addition, an annual mandatory bonus of approximately $620 (214 lira) 
was paid, as well as a one time per year $110 (38 lira) cost of living 
increase allowance. This minimum wage structure provided a decent 
standard of living for a worker and family with the addition of 
government subsidies for housing, health care, and free education.
    Wage councils, composed of representatives of government, business, 
and unions, regulated work hours; the standard workweek was 40 hours, 
but in some trades it was 43 or 45 hours. Government regulations 
provide for a daily rest period, which is normally 1 hour, and 1 day of 
rest per week. The law mandates an annual paid vacation of 4 workweeks 
plus 4 workdays. The Department of Labor generally enforced these 
requirements.
    Enforcement of the Occupational Health and Safety Authority Act was 
uneven, and industrial accidents remained frequent. Workers were 
allowed to remove themselves from unsafe working conditions without 
jeopardy to their continued employment, a protection also enforced by 
the Department of Labor. Allegations of physical and sexual abuse 
existed, but they were rarely made public, and even more rarely were 
they the subject of court proceedings.

                               __________

                                MOLDOVA

    The Constitution provides for a multiparty representative 
government with power divided among a president, cabinet, parliament, 
and judiciary. Parliamentary elections in 2001 were generally free and 
fair; however, authorities in the separatist Transnistria region 
interfered with the ability of residents there to vote. In 2001, the 
Parliament elected Communist Party leader Vladimir Voronin President. 
The Constitution provides for an independent judiciary; however, judges 
were reportedly subject to outside influence and corruption.
    Separatist elements, assisted by Russian military forces in the 
area, have declared a ``Transdniester Moldovan Republic'' in 
Transnistria between the Dniester River and Ukraine. The Government 
does not control this region. Unless otherwise stated, all references 
herein are to the rest of the country.
    The Ministry of Internal Affairs is responsible for the police, and 
the Information and Security Service (ISS) has jurisdiction over crimes 
against the security of the state. Four other separate agencies--the 
Customs Department, the Department of Border Guards, the Center for 
Combating Economic Crimes and Corruption, and the Prosecutor General's 
Office--have law enforcement functions. The Parliament has 
constitutional oversight over the activities of the Ministry of 
Internal Affairs and the ISS. Civilian authorities maintained effective 
control of the security forces. Some members of the security forces 
committed human rights abuses.
    The country has a population of approximately 3.36 million, of 
which approximately 580,000 live in Transnistria. The country is 
transitioning from a centrally planned to a market economy and has a 
shadow economy that represents a large share of economic activity. 
Agriculture and food processing are the most important sectors, 
followed by trade, transportation, communications, and manufacturing. 
During the year, the gross domestic product grew approximately 8 
percent and the inflation rate was approximately 12.4 percent. 
According to the World Bank, approximately 23 percent of the population 
lived below the poverty line in 2003.
    The Government generally respected the human rights of its 
citizens; however, there were problems in some areas, and the human 
rights record of the Transnistrian authorities was poor. Citizens 
generally had the right to change their government; however, 
authorities expanded their selective use of power to harass and 
intimidate sources of political opposition. In Transnistria, the right 
of citizens to change their government was severely restricted. In 
June, an alleged witness to the mistreatment of the ``Ilascu group'' 
during their imprisonment in Transnistria disappeared under unclear 
circumstances. Authorities reportedly tortured and beat some persons, 
particularly persons in police custody and Roma. Prison conditions 
remained harsh, and attempts to improve them were hampered by lack of 
funding. Security forces were widely believed to monitor political 
figures through unauthorized wiretaps and, at times, conducted illegal 
searches. In June, unknown persons seriously beat a journalist who had 
reported on possible corruption involving the Minister of Interior. 
During the year, libel was removed from the criminal code; however, 
other laws that encouraged self-censorship in the media remained. A few 
religious groups continued to encounter difficulties in officially 
registering. Societal violence and discrimination against women, 
children, and Roma persisted. Trafficking in women and girls remained a 
very serious problem. The Government maintained some limits on workers' 
rights.
    Transnistrian authorities reportedly continued to use torture and 
arbitrary arrest and detention. Prison conditions in Transnistria 
remained harsh, and two members of the Ilascu group remained in prison 
despite a July ruling in their favor by the European Court for Human 
Rights (ECHR). Human rights groups were permitted to visit prisoners in 
Transnistria, but obtaining permission from the Transnistrian 
authorities was difficult. Transnistrian authorities mistreated and 
arrested one journalist from the government-controlled area, harassed 
independent media and opposition lawmakers, restricted freedom of 
association and of religion, and discriminated against Romanian-
speakers.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Arbitrary or Unlawful Deprivation of Life.--There were no 
reports of the arbitrary or unlawful deprivation of life committed by 
the Government or its agents in the country or its separatist region.

    b. Disappearance.--In July, Sergei Gavrilov, who was imprisoned in 
Transnistria during the early 1990s and allegedly witnessed the 
mistreatment of members of the ``Ilascu Group'' (see Section 1.e.) 
while in prison, disappeared under unclear circumstances. The Moldovan 
police were investigating the case at year's end.
    Authorities had not completed their investigation of the 2002 
kidnapping of opposition political figure Vlad Cubreacov. After 
continued public pressure, in June 2003, the Prosecutor General 
released photographs of three suspects in the case, which were 
published in two newspapers.
    In May 2003, authorities reportedly released for lack of evidence 
three of five suspects detained in 2003 in connection with the 2002 
disappearance of Deputy Director of the Department of Information 
Technologies Petru Dimitrov. As of year's end, the Ministry of Internal 
Affairs reported its investigation was still ongoing, but declined to 
release further information.

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The Constitution prohibits such practices; however, there 
were reports that police employed cruel and degrading arrest and 
interrogation methods and that guards beat prison inmates. The law does 
not consider torture to be a crime, making it difficult to prosecute 
the abuse.
    Nongovernmental organizations (NGOs) reported several cases of 
cruel, inhuman, or degrading treatment of prisoners and detainees. For 
example, the local Helsinki Committee for Human Rights reported that 
Petru Calamanov, who was sentenced to 10 days of administrative arrest 
on September 11, was beaten and interrogated without a lawyer several 
times during his detainment. He was reportedly shocked with electric 
wires and beaten with an iron bar on the bottoms of his feet. 
Authorities denied Calamanov's lawyer and Helsinki Committee 
representatives permission to visit him for several days after the 
incident.
    Conditions in most prisons in the country and in Transnistria 
remained harsh, and in some instances were life threatening, with 
serious overcrowding. Cell sizes did not meet local legal requirements 
or international standards. The incidence of malnutrition and disease, 
particularly tuberculosis, was high in all prisons. Conditions were 
particularly harsh in facilities for persons awaiting trial or 
sentencing. Amnesty International reported that one detainee, Oleg 
Talmazan, suffered a heart attack on March 27, but was not hospitalized 
until April 8, even though the ambulance called at the time of the 
attack recommended immediate hospitalization. Other detainees reported 
being denied food and water and being held in underground facilities 
without medical care, fresh air or ventilation, or sanitary facilities.
    Local NGOs continued programs to provide medicine, warm clothes, 
and radios for prisoners, and the Institute of Penal Reforms continued 
a training program for prison staff.
    To resolve the dispute between the Transnistrian city of Bender and 
the central Ministry of Justice over inmates with tuberculosis in a 
Bender prison hospital, authorities transferred inmates to a new 
hospital for prisoners with tuberculosis in a prison outside of 
Chisinau. Approximately 250 prisoners remained at the Bender prison, 
and Transnistrian authorities continued to cut off utilities to the 
facility. In August, the Supreme Court of Justice ordered the Bender 
prosecutor's office to take action to resolve the situation, but the 
prosecutor's office had taken no action by the end of the year.
    Male and female prisoners were held separately. Children convicted 
of crimes were sent to adult prisons, where they were held in separate 
cells. Pretrial detainees were held separately from convicted 
prisoners, although there were reports of convicted prisoners remaining 
in detention facilities due to prison overcrowding.
    Government and independent human rights observers were generally 
permitted to visit prisons. The Moldovan Center for Human Rights made 
regular prison visits during the year. The Government cooperated with 
the International Committee of the Red Cross (ICRC) and permitted 
visits to prisoners. After repeated attempts to receive permission from 
the Transnistrian authorities to visit the Ilascu group members, ICRC 
was allowed to see the prisoners for the first time in August 2003. In 
April, a second official visit took place.

    d. Arbitrary Arrest or Detention.--The law prohibits arbitrary 
arrest and detention, and the Government generally observed these 
prohibitions in practice.
    The national police force is the primary law enforcement body in 
the country. The police force is subdivided into regional and city 
police commissariats, which are subordinated to the Minister of 
Internal Affairs. Police corruption remained a problem. During the 
first 7 months of the year, 119 criminal cases were brought against 
police officers for bribery, robbery, and abuse of office. The 
Prosecutor General's Office is responsible for investigating the 
activities of the police. An internal affairs unit, reporting to the 
Minister of Interior, investigated minor incidents of corruption.
    Judges issue arrest warrants based on cases presented by 
prosecutors. Under the law, authorities must promptly inform detainees 
of the reason for their arrest and the charges against them. Suspects 
may be detained without charge for 72 hours. The Constitution provides 
accused persons the right to a court hearing on the legality of their 
arrest.
    Once charged, a detainee may be released on personal recognizance 
pending trial; in some cases, to arrange release, friends or relatives 
were allowed to give a written pledge that the accused would appear for 
trial. The law provides for a system of bail; however, it was rarely 
used. Authorities generally did not release detainees accused of 
violent or serious crimes before trial.
    Detainees had the right to a defense attorney; however, at times 
this right was restricted. Authorities generally did not grant 
detainees access to a lawyer until they had been detained for 24 hours. 
Police often told persons that they were considered witnesses in a case 
and questioned them without a lawyer present, then changed their status 
to that of suspect. Detainees were often presented with the charges 
against them without a lawyer present. The Government requires the 
local bar association to provide an attorney to defendants that are 
unable to afford one. However, the Government was unable to pay ongoing 
legal fees, and defendants often did not have adequate counsel. 
Detainees were generally allowed access to family members.
    Local and international NGOs reported arbitrary detention and 
arrests of Roma without cause or warrants, often without access to a 
lawyer (see Section 5).
    In July, authorities rearrested Ivan Burgudji, an official of the 
Gagauz autonomous region and well-known Gagauz nationalist, for 
violating his parole in May. In June 2003, the Tribunal Court of 
Chisinau sentenced Burgudji to 5 years in prison for abuse of power and 
malicious hooliganism in connection with his opposition political 
activities. He is currently serving the remaining years of his original 
sentence.
    On December 3, officials of the Center for Combating Economic Crime 
and Corruption detained the leader of the opposition Democratic Moldova 
Bloc and mayor of Chisinau, Serafim Urechean, 5 hours for questioning 
(see Section 3).
    At year's end, authorities had not brought Constantin Becciev, head 
of the Chisinau water utility, to trial. Authorities held Becciev in 
preventive detention for 6 months in 2003 while investigating him for 
possible fraud. Critics charged that the detention was part of a 
broader, politically motivated campaign against persons associated with 
the Chisinau city government. Becciev continued to run the utility 
after his release.
    The laws permit pretrial detention for an initial period of 30 
days. The courts may extend pretrial detention to 12 months on an 
individual basis, based on the severity of the alleged crime. 
Detentions of several months were fairly frequent; in some rare cases, 
pretrial detention was extended for several years. As of mid-August, 
2,438 out of 10,600 persons in prison were detainees awaiting trial.
    It was common practice for Transnistrian authorities to detain 
persons suspected of being critical of the regime for periods of up to 
several months. On September 6, plainclothes police mistreated and 
arrested a cameraman from the government-owned television station, 
Moldova 1 (see Section 2.a.). The journalist was sentenced to 15 days 
in prison for ``unauthorized filming in the security zone'' but was 
released September 13 following the demands of the Joint Control 
Commission, which monitors compliance with the 1992 ceasefire.

    e. Denial of Fair Public Trial.--The Constitution provides for an 
independent judiciary; however, official pressure and corruption of 
judges remained a problem. There continued to be credible reports that 
local prosecutors and judges extorted bribes in return for reducing 
charges or sentences, and observers charged that courts were sometimes 
politically influenced. Political factors have played a large role in 
the reappointment of judges.
    The judiciary consists of lower courts, courts of appeals, and the 
Supreme Court of Justice. A separate Constitutional Court has exclusive 
authority in cases regarding the constitutionality of draft and final 
legislation, decrees, and other government acts. The Constitutional 
Court was the only court generally regarded as fair and objective.
    The Prosecutor General's office is autonomous and answers to 
Parliament. It is responsible for overseeing criminal investigations, 
presenting charges before a court, and protecting the rule of law and 
civil freedoms. Prosecutors may open and close investigations without 
bringing the matter before a court, giving them considerable influence 
over the judicial process.
    By law, defendants in criminal cases are presumed innocent; in 
practice, a prosecutor's recommendation carried considerable weight and 
limited a defendant's actual presumption of innocence. Trials were 
generally open to the public. Cases were presented to a judge or panel 
of judges depending on the complexity of the case. Defendants have the 
right to a lawyer, to attend proceedings, to confront witnesses, and to 
present evidence. The law requires the local bar association to provide 
an attorney to defendants who are unable to afford one; however, since 
the Government was unable to pay ongoing legal fees, defendants often 
did not have adequate counsel. Prosecutors occasionally used 
bureaucratic maneuvers to restrict lawyers' access to clients. Defense 
attorneys were able to review evidence against their clients when 
preparing cases. Persons who are convicted have the right to appeal to 
a higher court.
    The Constitution provides for the right of the accused to have an 
interpreter both at the trial and when reviewing documents of the case; 
however, due to a lack of resources, persons requiring an interpreter 
often had their hearings repeatedly postponed. If the majority of 
participants agree, trials may be conducted in Russian or another 
language instead of Romanian.
    There is no juvenile justice system, and children accused of crimes 
usually were tried by the criminal courts. However, in March, the 
Prosecutor General's Office issued a decision allowing for the 
assignment of specialized prosecutors to cases dealing with minors. In 
May, the Superior Court of Magistrates issued a similar decision, 
appointing judges in each region and Chisinau to specialize in cases 
involving minors.
    The country has a military justice system, whose courts have 
generally the same reputation as civilian courts.
    On June 2, Transnistrian authorities released Alexandru Lesco, one 
of four members of the ``Ilascu Group'' who were convicted in 1993 of 
killing two Transnistrian officials, after serving a 12year sentence. 
On July 8, the ECHR ruled that Transnistrian authorities should release 
the two remaining prisoners and directed that the Moldovan and Russian 
governments pay damages to the prisoners. Transnistrian authorities 
refused to comply with the ruling, and Transnistrian leader Igor 
Smirnov stated they would serve the remaining 3 years of their 
sentences.
    There were no reports of political prisoners other than those in 
Transnistria.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The Constitution prohibits such actions; however, the 
Government did not respect these prohibitions in practice.
    It was widely believed that the security agencies conducted illegal 
searches, including wiretaps, without proper authorization. Courts did 
not exclude evidence that was obtained illegally. By law, only a judge 
can authorize wiretaps and may do so only if a criminal investigation 
is underway; however, in practice the judiciary lacked the ability to 
control the security organizations and the police or to prevent them 
from using wiretaps illegally. It was widely believed that security 
agencies electronically monitored residences and telephones.
    During the year, police reportedly informed persons of Middle 
Eastern origin that they were being carefully monitored. Several 
opposition politicians reported that government authorities were 
illegally monitoring them.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The law provides for freedom of 
speech and of the press; however, the Government sometimes restricted 
these rights. The Government selectively applied the electoral law and 
the Civil Code against critics and intimidated some journalists into 
practicing self-censorship.
    The print media expressed a wide variety of political views and 
commentary. The Government owned two newspapers and a news agency; 
national and city governments subsidized a number of newspapers. 
Political parties and professional organizations, including trade 
unions, also published newspapers, most of which had a circulation of 
less than 15,000 copies. The Government did not restrict foreign 
publications; however, most were not widely circulated due to high 
costs. Russian newspapers were available, and some published special 
Moldovan weekly supplements.
    There were several independent radio stations, including one 
religious station. Most stations rebroadcast programs from Romania and 
Russia and had only a limited amount of locally produced programming. 
The Government controlled a radio station and a television station 
(Teleradio Moldova) that covered most of the country. Some local 
governments, including in Chisinau and Gagauzia, operated television 
and radio stations as well as newspapers. The country received 
television and radio broadcasts from Romania, Ukraine, France, and 
Russia. A number of cable subscribers received a variety of foreign 
television programs, including news programs.
    The number of media outlets that were not owned and operated by the 
Government or a political party increased. However, many of these 
independent media remained in the service of, and secured large 
subsidies from the Government, political movements, and commercial 
interests.
    On June 23, unknown persons seriously beat and robbed investigative 
journalist Alina Anghel of the independent newspaper Timpul outside her 
home in Chisinau. Anghel, as well as Timpul's management, associated 
the attack with a series of articles that Anghel published in January 
suggesting officials were profiting from a business deal with an 
automobile importer and accusing the Minister of Interior of accepting 
a free automobile. After the articles were published, unknown persons 
reportedly began making telephone threats to Anghel that she would be 
physically harmed if she did not stop her investigation. A suspect was 
arrested on unrelated charges; however, Anghel stated publicly that she 
did not believe the suspect was involved in the attack.
    There were no developments in the case of Nicolae Roibu, another 
Timpul journalist, who was attacked by unknown persons near his home in 
November 2003 and had his dictaphone and tape recordings stolen. Roibu 
associated the attack with his work and, in particular, with an 
interview published in October 2003 that contained material critical of 
President Voronin.
    The law prohibits foreign governments from funding or supporting 
domestic publications. In practice, Romanian government-supported 
publications complied with the law by receiving funds from 
``foundations'' created for this purpose. The Government did not 
prosecute publications receiving funds from other states. A law that a 
least 65 percent of broadcasting must be in the Romanian language was 
interpreted to mean that 65 percent of locally produced content (not 
total airtime) must be in Romanian.
    During the year, controversy continued over alleged government 
control of Teleradio Moldova. In November 2003, Parliament amended the 
law on Teleradio Moldova to provide for the liquidation of the company, 
dismissal of all staff, and the creation of a new public institution. 
However, critics argued that this made it easier to dismiss journalists 
for political reasons. In August and September, Teleradio Moldova 
employees held public protests, charging that selection of employees 
for the new company was biased against journalists who were critical of 
the Government. Several journalists who had been dismissed brought a 
suit against Teleradio Moldova's administration that was ongoing at 
year's end.
    Several international organizations sponsored a monitoring project 
that showed that Teleradio Moldova continued to limit coverage of the 
opposition and focused almost exclusively on the activities of the 
Government.
    In February, a Chisinau court convicted the editor-in-chief of the 
weekly Accente, who was arrested and released in 2002, on charges of 
bribery; a decision on his appeal had not been made by year's end. 
Following the conviction, the newspaper was taken over by new 
leadership and some observers charged that the case was meant to put an 
end to Accente's critical reporting on the Government.
    In February, the Audio Visual Coordinating Council (AVCC) suspended 
the activities of media outlets operated by the Chisinau municipality, 
Euro TV and Antena C radio, on the grounds that they were not properly 
registered as legal entities. The international community and media-
related NGOs raised concern that the suspension, which some believed to 
be politically motivated, would deprive citizens of an alternative 
source of information. In April, after 2 months of protests by Euro TV 
and Antena C staff, the AVCC negotiated an agreement that allowed the 
two outlets to register and resume broadcasting.
    In July, the Supreme Court rejected a complaint filed by the 
independent newspaper Moldavskie Vedomosty against the President's 
office for repeatedly refusing accreditation to its editor in chief. 
Moldavskie Vedomosty contested this decision, and the case was ongoing 
at year's end.
    Journalists and media outlets continued to face libel suits under 
the Civil Code, which does not provide a ceiling for fines. In 
February, the Daac-Hermes Company filed a lawsuit alleging nearly $2 
million (24.8 million lei) in damages against the independent Romanian-
language weekly newspaper Timpul for publishing ``calumnious'' 
information. In a different case, the head of the government-owned 
Moldovan Railroad filed a civil suit against the independent Russian-
language newspaper Moldavskie Vedomosty, asking for $50,000 (620,000 
lei) for ``moral damages.'' Both lawsuits were ongoing at year's end.
    Both print and broadcast journalists reportedly practiced self-
censorship due to government and public figures' use of civil 
defamation and calumny laws and complaints from authorities about news 
coverage.
    The Government did not restrict academic freedom.
    Of the two major newspapers in Transnistria, one was controlled by 
the separatist authorities, and the other by the Tiraspol city 
government. There was one independent weekly newspaper in Bender and 
another in the northern Transnistrian city of Ribnitsa. At times, the 
independent newspapers criticized the Transnistrian regime, for which 
the separatist authorities harassed them. Other print media in 
Transnistria did not have a large circulation and appeared only on a 
weekly or monthly basis; some of them also criticized local 
authorities. Most Moldovan newspapers did not circulate widely in 
Transnistria, although they were available in Tiraspol.
    During the year, Transnistrian authorities used threats of violence 
to force schools to curtail teaching in the Romanian language using 
Latin script, rather than Cyrillic script (see Section 5).

    b. Freedom of Peaceful Assembly and Association.--The Constitution 
provides for freedom of assembly, and the Government generally 
respected this right in practice.
    The Transnistrian authorities usually did not permit free assembly, 
and on those occasions when they did issue permits for demonstrations, 
they often harassed organizers and participants.
    The Constitution provides for freedom of association and states 
that citizens are free to form parties and other social and political 
organizations; however, the Constitution also prohibits organizations 
that are ``engaged in fighting against political pluralism,'' the 
``principles of the rule of law,'' or ``the sovereignty and 
independence or territorial integrity'' of the country. Small parties 
that favor unification with Romania charged that this provision is 
intended to impede their political activities; however, no group has 
been prevented from forming as a result of this provision. Private 
organizations, including political parties, were required to register, 
but applications were approved routinely.
    The law provides that the Ministry of Justice may suspend a party 
for up to 1 year for violating the Constitution or the law if it does 
not desist in an illegal activity after receiving a written warning. 
During election campaigns, only the Supreme Court of Justice may 
suspend a party's activity.
    Transnistrian authorities restricted freedom of association by 
intimidation and prosecution for alleged offenses or on invented 
charges. For example, in June, the Transnistrian authorities prevented 
a human rights seminar in Tiraspol organized by opposition 
Transnistrian lawmakers and Moldovan NGOs. One NGO representative was 
allowed to enter Transnistria, but upon his arrival, he and the 
lawmakers were assaulted by a crowd, which splashed them with paint, 
sour milk and eggs. The NGO representative claimed Transnistrian law 
enforcement was complicit in the assault.

    c. Freedom of Religion.--The Constitution provides for freedom of 
religion, and the Government generally respected this right in 
practice; however, the law includes restrictions that inhibit the 
activities of some religious groups. There is no state religion; 
however, the Moldovan Orthodox Church received some special treatment 
from the Government. For example, the Metropolitan of Chisinau and All 
Moldova and other high-ranking Orthodox Church officials have been 
issued diplomatic passports.
    The law requires religious groups to register with the State 
Service for Religions (SSR). Unregistered religious groups are not 
permitted to buy land or obtain construction permits for churches or 
seminaries. The SSR may ask a court to annul the registration of a 
group if its activities are found to be political or harm the 
independence, sovereignty, integrity, security, or public order of the 
country.
    At year's end, the SSR had not registered the True Orthodox Church 
of Moldova, despite a 2002 Supreme Court ruling in the Church's favor. 
The SSR and the Government attempted a variety of appeals and were 
still ordered to register the Church. According to the SSR, the wording 
of the Court decision, which obliges the Government rather than the SSR 
to register the Church, has prevented the Church's registration. The 
Church of Jesus Christ of Latter-day Saints (Mormons) and the Spiritual 
Organization of Muslims in Moldova also continued to encounter 
bureaucratic obstacles to registration. The SSR claimed the application 
of the Mormons was pending, while the SSR monitored the activities of 
the church. In the case of the Muslims, the SSR claimed they failed to 
present the necessary documents for registration.
    The law prohibits ``abusive proselytizing,'' which is defined as 
``an attempt to influence someone's religious faith through violence or 
abuse of authority.'' However, the Government has not taken legal 
action against individuals or organizations for proselytizing.
    Nondenominational ``moral and spiritual'' instruction is mandatory 
for primary school students and optional for secondary and university 
students. During the year, the Ministry of Education began implementing 
the program by introducing it in the first through third grade. Some 
schools have a specific class on religion, but student participation 
requires parental consent.
    The legal provision that provides for restitution of property 
confiscated during the Nazi and Soviet regimes to politically repressed 
or exiled persons has been extended to religious communities; however, 
claims of the Moldovan Orthodox Church have been favored over those of 
other religious groups, and the Church has recovered nearly all of its 
property. In cases where property was destroyed, the Government offered 
alternative compensation. However, property disputes between the 
Moldovan and Bessarabian branches of the Orthodox Church have not been 
resolved and, representatives of the Bessarabian Orthodox Church 
claimed that their property rights were still being violated. The 
Jewish community has experienced mixed results in recovering its 
property but has no claims that are still pending. Members of the 
Molocan community had a property claim that remained unresolved at 
year's end.
    The Spiritual Organization of Muslims reported that police 
frequently showed up at their local office during Friday prayers, 
checked participants' documents and took pictures. On March 5, the 
police raided their meeting place after Friday prayers, detained 
several members, and subsequently deported three Syrian citizens for 
not having proof of legal residence. The authorities claimed the 
services were illegal because the organization was not registered and 
because the meeting place was not being used in accordance with the 
organization's status as a charity.
    The Baptists reported interference from government authorities in 
construction of places of worship. In May, authorities stopped 
construction of a Baptist church in the village of Capriana and opened 
an investigation into the legality of the project; however, the 
Baptists and the local mayor claimed that all the necessary permits and 
legal documents, which were issued in 2001, had been obtained legally.
    Between March 14 and March 30, unknown persons desecrated more than 
70 tombstones in the Jewish cemetery in the Transnistrian city 
Tiraspol. Swastikas and other Nazi symbols were painted on monuments, 
and many tombstones were damaged beyond repair. On May 4, unknown 
persons unsuccessfully attempted to set the Tiraspol synagogue on fire 
with a Molotov cocktail. Transnistrian authorities believed the attacks 
were perpetrated by the same individuals and claimed they were 
investigating the incidents. They had not made any arrests in either 
case by year's end.
    There were no developments in the February 2003 destruction by 
unknown persons of eight tombstones in a Jewish cemetery in Balti. 
According to a leading Rabbi in Chisinau, it was not clear whether the 
act was motivated by anti-Semitism.
    Members of Jehovah's Witnesses from various regions of the country 
have complained that local town councils and Orthodox priests and their 
adherents had impeded their ability to practice their religion freely. 
In November 2003, the mayor and residents of the village of Cruzesti 
physically blocked members of Jehovah's Witnesses from the public 
cemetery for not respecting the customs of the Orthodox religion. 
Baptists have also reported that local townspeople physically and 
verbally abused them at the instigation of local Orthodox priests.
    There were a few reports of negative press articles about non-
Orthodox religions. Members of Jehovah's Witnesses were the target of 
articles criticizing their beliefs and legitimacy, and the Baptists in 
Transnistria claimed that press reports about their religion were 
negative.
    In recent years, Transnistrian authorities have denied registration 
to Baptists, Methodists, and the Church of the Living God. Unregistered 
religious groups were not allowed to hold public assemblies, such as 
revival meetings. The law in Transnistria prohibits renting houses, 
premises of enterprises, or ``cultural houses'' for prayer meetings. 
Transnistrian authorities have told evangelical religious groups 
meeting in private homes that they did not have the correct permits to 
use their residences as churches. The Jehovah's Witnesses in 
Transnistria have reported several incidents of administrative fines 
and unjust arrests of their members.
    In July, the Transnistrian Supreme Court ruled to limit the 
activities of the Jehovah's Witnesses to the city of Tiraspol; however, 
the court rejected the Tiraspol public prosecutor's 2002 request to 
annul the group's registration and prohibit its activities altogether. 
Transnistrian authorities reportedly accused Jehovah's Witnesses of 
lacking patriotism and spreading Western influence and reportedly 
developed school teaching aids that contained negative and defamatory 
information regarding the Jehovah's Witnesses.
    Non-Orthodox groups in Transnistria complained that they were 
generally not allowed to rent property and were often harassed during 
religious services.
    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 law provide for 
these rights, and the Government generally respected them in practice; 
however, Transnistrian authorities sometimes restricted travel to and 
from the separatist region.
    Transnistrian authorities applied a transit fee to Moldovan 
nationals crossing through Transnistria and often stopped and searched 
incoming and outgoing vehicles and hindered movement by representatives 
of the Organization for Security and Cooperation in Europe (OSCE) and 
U.N. agencies on several occasions. Transnistrian authorities prevented 
farmers from Government-controlled villages in the Dubassari region of 
Transnistria from traveling to areas outside Transnistria to sell their 
produce and, in some cases, blocked farmers' access to their fields.
    The law prohibits forced exile, and the Government did not employ 
it.
    Citizens generally were able to depart from and return to the 
country freely; however, there were some restrictions on emigration. 
Persons wishing to emigrate must meet all outstanding financial 
obligations to other persons or legal entities before emigrating. Close 
relatives who are dependent on a potential emigrant for material 
support must give their concurrence. The Government also may deny 
permission to emigrate if the applicant had access to state secrets; 
however, no such cases have been reported for several years.
    The law provides for the granting of asylum or refugee status to 
persons 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 and asylum. The Government cooperated with the 
UNHCR and other humanitarian organizations in assisting refugees and 
asylum seekers. However, Amnesty International reported that Chechen 
asylum-seekers experienced delays in having their applications 
adjudicated and in some cases no decisions were taken.
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 in 
most of the country through periodic, free, and fair elections held on 
the basis of universal suffrage; however, authorities in Transnistria 
restricted this right.
    The Constitution provides for a parliamentary form of government 
with a president as head of state and a prime minister as head of 
government. Parliament elects the president, who appoints the prime 
minister, who in turn names a cabinet. Parliament must approve both the 
prime minister and the cabinet. A three-fifths vote by secret ballot in 
Parliament is required to elect a president.
    In 2001, citizens voted in multiparty parliamentary elections that 
the OSCE considered to be generally free and fair; however, election 
observers noted some shortcomings, such as inaccurate and incomplete 
voter lists and excessively restrictive media provisions in the 
Electoral Code. Transnistrian authorities interfered with residents' 
ability to participate in the country's elections. International 
observers were not present at either the Transnistria Supreme Council 
elections in 2000 nor the 2001 ``presidential'' elections, and the 
elections were not considered free and fair.
    Because many small parties failed to win the minimum number of 
votes required for representation, only three parties--the Communist 
Party, Our Moldova Alliance, and the Christian Democratic People's 
Party (PPCD)--have seats in Parliament. In June, the Our Moldova 
Alliance joined a centrist coalition, the Democratic Moldova Bloc, 
which also included the extra-parliamentary Social-Liberal and 
Democratic parties.
    The Government selectively enforced regulations, including 
inspections and tax auditing, for individuals and businesses that 
belonged to or supported opposition parties.
    In May and June 2003, local elections for mayors and city councils 
were held nationwide. Voters also chose regional councils in all areas 
except the Gagauz autonomous region. International observers concluded 
that while the vote itself generally met international standards, the 
Government's conduct during the campaign fell short of the generally 
good record established in previous elections. The negative 
developments in the campaign included heavily biased state media 
reporting, the arrest of two opposition mayors, and the use of 
administrative resources for campaign purposes. The OSCE noted that the 
elections were preceded by a very biased media campaign, with the 
government media providing distorted information to voters, dedicating 
significant time to government candidates and allowing opposition 
candidates only limited time to respond. Although regulations 
prohibited broadcast media from presenting candidates on the news, the 
two main candidates for Chisinau mayor--the incumbent mayor and the 
Minister of Transportation and Communications--could often be seen on 
television in their official capacities.
    A Christian Turkic minority, the Gagauz, enjoyed local autonomy in 
Gagauzia in the southern part of the country. Gagauz opposition figures 
claimed that government interference in 2002 local elections continued 
during the May 2003 mayoral races in the region. Two rounds of voting 
for the Gagauzia Popular Assembly in November 2003 generally met 
international standards, but were marked by irregularities including 
group voting, multiple voting, open voting, mobile ballot box fraud, 
proxy voting, and unauthorized persons in polling stations. In March, 
the Popular Assembly removed the opposition mayor of Comrat, accusing 
him of incompetence and embezzlement. The mayor argued that the Popular 
Assembly abused its authority and violated the laws and that he could 
only be removed through a court decision or a recall referendum. The 
international community, including the OSCE and several Western 
diplomatic missions, expressed its concern over the circumstances of 
the mayor's removal. On July 18, the interim mayor lost the mayoral 
election to the Communist Party candidate.
    In late November, officials of the Center for Combating Economic 
Crime and Corruption announced they were investigating the leader of 
the opposition Democratic Moldova Bloc and mayor of Chisinau, Serafim 
Urechean, for misusing city funds and, on December 3, detained him for 
questioning for 5 hours. The Democratic Moldova Bloc accused the 
authorities of politically motivated harassment. Many local observers 
saw the investigation as politically timed to coincide with the 
electoral campaign for parliament.
    Throughout the fall, the Center for Combating Economic Crime and 
Corruption and the Prosecutor General's Office opened criminal 
investigations and arrested several Chisinau city officials. The 
arrests were indirectly supported by President Voronin, who called the 
Chisinau Mayoralty ``a Mafia nest'' in a televised interview.
    In November, the Communist majority in Parliament authorized an 
investigation into the businesses of opposition MP Iurie Rosca. 
Observers argued that the investigation was politically motivated.
    In Transnistria, opposition lawmakers Alexander Radcenko and 
Nicolai Buchatsky were repeatedly harassed by ``government''-backed 
NGOs. During the summer, their homes were vandalized with dye and motor 
oil. On December 19, Radcenko was prohibited from entering 
Transnistria's Supreme Soviet building by protesters who splashed him 
with water and burned his picture. In December, a referendum scheduled 
for 2005 was organized to recall Radcenko from his position in the 
Supreme Soviet for allegedly undermining Transnistrian society. The 
OSCE expressed concern over the situation and called on the 
Transnistrian authorities to end the harassment of Radcenko and 
Buchatsky.
    Corruption was believed to be pervasive throughout the Government. 
This belief was reflected in numerous public opinion polls and widely 
reported by NGOs. Although the Government has acknowledged corruption 
to be a problem and formed special law enforcement and judicial units 
to combat it, some critics have charged that the Government used these 
units to persecute political opponents. On October 15, President 
Voronin dismissed Defense Minister Victor Gaiciuc following the 
discovery in August of missing ammunition and weapons from a depot near 
the Bulboaca training range. Six Ministry of Defense employees were 
charged in the theft, and several more were investigated.
    The law provides for free access to official information; however, 
there were several cases when authorities denied access to public 
information. During the summer, the Supreme Court rejected a complaint 
filed by the opposition-leaning independent newspaper Timpul against 
the Parliament for refusing to provide access to transcripts of several 
2002 Parliament sessions. The Court ruled that Timpul had no right to 
the transcripts, quoting an internal regulation of the Parliament. 
Timpul contested the decision, and the case was ongoing at year's end.
    There were 13 women in the 101-seat Parliament and 2 women in the 
18-member cabinet. Speaker of Parliament Eugenia Ostapciuc was the 
highest-ranking female political figure in the country.
    There were 49 members of minorities in the 101-seat Parliament and 
1 member of a minority in the 18-member cabinet. Russian, Ukrainian, 
Bulgarian, Gagauz, Azeri, and Georgian minorities were represented in 
Parliament, with deputies elected from nationwide party lists rather 
than local districts.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    A number of domestic and international human rights groups 
generally operated without government restriction, investigating and 
publishing their findings on human rights cases, except in the 
Transnistrian region; however, officials were generally not responsive 
to their views.
    The local Helsinki Committee for Human Rights maintained contacts 
with international human rights organizations, and Amnesty 
International maintained a satellite office in Chisinau and was active 
in the country. Transnistrian authorities impeded the activities of 
human rights groups in that region.
    The Government cooperated with the OSCE, which maintained a mission 
in the country to assist efforts to resolve the Transnistrian conflict. 
The OSCE participated in the Joint Control Commission that reviews 
violations of the cease-fire agreement. Transnistrian authorities have 
occasionally limited OSCE access to the region, including to the 
Security Zone dividing Transnistria from the rest of country.
    The law provides for three parliamentary advocates (ombudsmen) and 
an independent center for human rights, the Moldovan Human Rights 
Center. Parliament appoints the three advocates, who have equal rights 
and responsibilities, for 5-year terms; in practice, the parliamentary 
advocates dealt mostly with low-level cases. Advocates may be removed 
from office only by a two-thirds vote of Parliament. Parliamentary 
advocates are empowered to examine claims of human rights violations, 
advise Parliament on human rights problems, submit legislation to the 
Constitutional Court for review, and oversee the operation of the 
Moldovan Human Rights Center. Center personnel provided training for 
lawyers and journalists, visited jails, made recommendations on 
legislation, and organized round tables. The Moldovan Human Rights 
Center presents an annual report to Parliament; however, the center did 
not publish a report during the year, reportedly due to a lack of 
resources.
    Transnistrian authorities have attempted to control NGOs in the 
region by reportedly having security officials ``invite'' NGO 
representatives to their offices and by pressuring landlords not to 
renew office leases for some. On June 17, officers from Transnistria's 
``ministry of security'' ``invited'' Oxana Alistratova, head of the 
Transnistrian NGO Interaction, to their offices and interrogated her 
for 5 hours in the presence of her minor daughter. Upon release, 
Alistratove called the action ``preventive intimidation'' intended to 
discourage the activity of her NGO. In June, Transnistrian authorities 
forced the Helsinki Committee to cancel a 3-day human rights seminar in 
Tiraspol (see Section 2.b.).
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The Constitution provides that persons are equal before the law 
regardless of race, sex, disability, or social origin; however, 
societal discrimination against women and some ethnic minorities, 
particularly Roma, persisted.

    Women.--Domestic violence against women was a widespread problem. 
The law does not specifically address domestic assault, and there is no 
law against spousal rape. Women abused by their husbands may file 
charges under general assault laws; however, the Government rarely 
prosecuted domestic assault crimes. During the first 9 months of the 
year, the Ministry of Internal Affairs received 3,707 domestic violence 
complaints, including 64 severe cases of spousal abuse, of which 29 
resulted in serious bodily injury and 35 resulted in either murder or 
attempted murder. There were 209 cases of rape reported in the first 8 
months of year. Women's groups asserted that the numbers of rapes and 
incidents of spousal abuse were underreported.
    The Government supported educational efforts, usually undertaken 
with foreign assistance, to increase public awareness of domestic 
violence and to train public and law enforcement officials how to 
address the problem. The city of Chisinau operated a women's shelter 
for victims of domestic violence. Private organizations operated 
services for abused spouses, including a hot line for battered women.
    Prostitution is not a crime; however, it is a violation of civil 
law that is punishable by a fine or administrative detention of up to 
30 days. Prostitution was widespread, and observers noted a growing sex 
tourism industry, which was particularly prevalent in upscale Chisinau 
hotels.
    Trafficking in women was a serious problem (see Section 5, 
Trafficking).
    The law does not prohibit sexual harassment, and it was a problem.
    The law provides that women and men enjoy equal rights, and in 
practice women received pay equal to that of men for equal work; 
however, women did not hold high-paying jobs in the same proportion as 
men. There were significant numbers of female managers in the public 
sector and in banking. The Ministers of Finance and Justice and the 
president of the country's largest bank were women. Women made up 
approximately 50 percent of the workforce.

    Children.--There is extensive legislation designed to protect 
children, and the Government provided supplementary payments for 
families with many children.
    Under the Constitution, the Government is to provide free, 
compulsory, and universal education for 9 to 10 years, which may be 
followed either by technical school or other further study; the 
requirement may vary at the discretion of the Minister of Education. 
However, many inadequately funded schools, particularly in rural areas, 
charged parents for school supplies. While not illegal, such charges 
contradicted the Government's policies and resulted in many parents 
keeping their children at home. Statistics from NGOs and international 
organizations indicated that approximately 7,000 children aged 7 to 16 
were not attending school at the beginning of the school year. Each 
year, the Government and local authorities provide assistance in 
amounts ranging from approximately $7.40 (100 lei) to approximately 
$22.20 (300 lei) each to children from vulnerable families to buy 
school supplies. The health system devoted a large portion of its 
limited resources to childcare, but childcare professionals considered 
the amount inadequate.
    The law prohibits child neglect; however, child abuse is believed 
to be widespread. During the year, the National Center for Child Abuse 
Prevention registered 115 cases of abuse; however, no comprehensive 
statistics on the extent of the problem exist. The Criminal Code does 
not refer to ``abuse'' as such, but to forms of it: violence, neglect, 
forced begging, etc.. Observers alleged that women begging on the 
streets of Chisinau often sedated their babies in order to spend long 
hours begging.
    Trafficking of children for the purpose of sexual exploitation and 
begging remained a problem (see Section 5, Trafficking).
    Child labor was a problem (see Section 6.d.).
    The situation of children in orphanages was generally very poor. 
Due to lack of funding, children's institutions had major problems 
including inadequate food, ``warehousing'' of children, lack of heat in 
the winter, and disease. Statistics from local NGOs indicated that 
there were approximately 12,016 institutionalized children. An 
additional 5,000 children lived in adoptive homes, and 4,500 more lived 
in foster homes or with legal guardians. Not all institutionalized 
children were orphans; the number of children entrusted to the 
Government by needy parents or by parents leaving the country to look 
for work reportedly grew. The Government estimated that parents of 
approximately 20,000 children worked abroad and placed their children 
with boarding schools or entrusted them to relatives.

    Trafficking in Persons.--The law prohibits trafficking in persons; 
however, trafficking in persons was a very serious problem. There were 
reports of involvement by some government officials in this trade; 
however, authorities opened investigations against only low-level 
government officials and did not arrest or prosecute any officials 
during the year.
    The law prohibits trafficking and provides for severe penalties, 
ranging from 7 years to life imprisonment. Sentences for trafficking in 
children range from 10 years to life imprisonment. The penalty is 15 
years to life imprisonment and confiscation of property for repeated or 
serious offenses, such as trafficking of groups, minors, or pregnant 
women; through kidnapping, trickery or abuse of power; with violence; 
or by a criminal organization.
    In the first 6 months of the year, authorities opened 244 
trafficking related investigations. The Department for Juveniles and 
Combating Trafficking in Persons in the Prosecutor General's Office 
reported that, at mid-year, the Government had almost doubled the 
number of trafficking-related convictions over the previous year. While 
most of these cases were prosecuted as common ``pimping'' crimes, there 
were two convictions under the trafficking law where defendants 
received prison sentences of 10 and 11 years, respectively. The courts 
convicted 32 persons for trafficking-related activities in the first 6 
months of the year, compared with 34 convictions for all of 2003. The 
courts gave most persons convicted of pimping either fines or suspended 
sentences, although two persons were given prison sentences for 
aggravated pimping, one for 6 years and the other for 10 years. The 
Government improved cooperation with Southeast European Cooperative 
Initiative (SECI) countries during the year, resulting in a number of 
convictions abroad.
    The country was a major country of origin for women and children 
trafficked abroad for forced prostitution and men and children who were 
trafficked to Russia and neighboring countries for forced labor and 
begging. The country was also a transit country for victims trafficked 
from Ukraine to Romania. Women and girls were trafficked to Turkey, 
Cyprus, Italy, Hungary, and the Balkan countries for prostitution. 
There also were reports that women were trafficked to Lebanon, Syria, 
Israel, Saudi Arabia, the United Arab Emirates, Portugal, France, 
Thailand, the United Kingdom, Spain, and Australia. NGOs reported 
recent cases of victims trafficked to Saudi Arabia and Afghanistan. At 
least one case each was recently identified in the United States and in 
Pakistan. Women and girls reportedly were trafficked to Italy and 
Greece through Romania, Serbia and Montenegro, and Albania. According 
to the International Organization for Migration (IOM), victims have 
increasingly been directed to Asia, Russia, Turkey, Western Europe, and 
the Middle East. Israel (via Moscow and Egypt) has become a well-
established destination. The IOM reported that the country was the main 
origin in Europe for women and children trafficked for forced 
prostitution in the Balkans, Western Europe, and the Middle East and 
that the country was the source of more than 50 percent of the women 
working in prostitution in Kosovo.
    While many different individuals have become trafficking victims, 
the primary target group is the female population between the ages of 
15 and 30. The IOM reported that, of the victims they have assisted, 12 
percent were minors at the time of return and 40 percent were minors at 
the time of their initial trafficking. Victims often came from rural 
areas where economic desperation had already driven many residents to 
look for work abroad. Women and girls typically accepted job offers in 
other countries, ostensibly as dancers, models, nannies, or 
housekeepers. In many areas, friends, relatives, or acquaintances 
approached young women and offered them help getting good jobs abroad. 
According to the IOM, trafficking recruiters were frequently former 
victims, some of whom were acting under coercion. Victims were also 
lured by newspaper advertisements promising well-paying jobs abroad.
    According to the Center for Prevention of Trafficking in Women, 
parents or husbands pressured some young women to work abroad. 
Traffickers commonly recruited women from rural villages, transported 
them to larger cities, and then trafficked them abroad.
    Another trafficking pattern involved orphans who were required to 
leave orphanages when they graduated from school, usually at the age of 
16 or 17, and had no funds for living expenses or continuing education. 
Some orphanage directors reportedly sold information on when orphan 
girls were to be turned out of their institutions to traffickers, who 
approached them as they left.
    Widespread corruption and lack of resources prevented adequate 
border control and monitoring of traffickers, particularly in 
Transnistria. Border guard and migration officials' salaries were low 
and frequently not paid regularly, making them vulnerable to bribery.
    Observers alleged that corrupt low- and high-level government 
officials were involved in, or routinely turned a blind eye, to 
trafficking crimes; however, no high-level officials were prosecuted 
during the year. According to the Prosecutor General's Office, one 
police lieutenant from the Riscani police district was convicted of 
trafficking women to Russia and received 5 years probation. In another 
case, the police were investigating officials of the Department of 
Youth and Sports for issuing false documents used to obtain Western 
visas, with the intent of either trafficking or smuggling individuals. 
The investigation was ongoing at year's end.
    The Government took some steps to prevent the trafficking of 
persons and assist victims through a government working group, the 
National Committee on Antitrafficking. Local committees in each region 
of the country, and officials of various ministries and local 
governments were required to present reports on their antitrafficking 
efforts to the National Committee. During the year, the National 
Committee developed four working groups focusing on legislation reform, 
child trafficking, reintegration of victims and prevention with 
cochairs from international organizations assigned to each. At the end 
of the year, all local committees submitted reports including 
statistical data on the number of people who had left their district, 
the number of trafficking cases, as well as efforts to reintegrate and 
rehabilitate victims.
    In September, Parliament passed a law to discourage trafficking in 
minors. The new initiative stipulates that minors have the right to 
leave the country only when accompanied by a legal guardian, a person 
authorized by the latter under a notarized declaration, or when 
permitted by child welfare authorities. The law requires that minors 
older than 10 have passports to leave the country, whereas before they 
needed only birth certificates.
    A special law enforcement unit within the Ministry of Internal 
Affairs continued to operate, and the Government provided specialized 
training to trafficking investigators through the Ministry of Internal 
Affairs and the Ministry of Labor, funded by the OSCE and the Council 
of Europe. The country also participated in a SECI Human Trafficking 
Task Force. The Government cooperated with Belarus, Ukraine, and Russia 
in investigating trafficking cases, as well as with Interpol in cases 
in Serbia and Montenegro and the United Arab Emirates. There were no 
government-operated assistance programs for victims.
    With foreign assistance, several NGOs worked to combat trafficking 
through information campaigns, repatriation assistance, temporary 
housing and medical care for victims, and job training. The NGO Save 
the Children worked with trafficking victims, particularly repatriated 
girls. Local NGOs operated public school programs to educate young 
women about the dangers of prostitution. During the year, the IOM 
organized a prevention campaign around the film ``Lilya 4-ever,'' which 
portrays the realities of trafficking, free of charge in cinemas and 
schools. The IOM also operated a women's shelter that provided 
temporary emergency housing, job training, and medical care. In the 
summer, the IOM started a new information program aimed at providing 
citizens who have decided to go abroad with information to help them 
avoid exploitation.

    Persons With Disabilities.--There were no reports of discrimination 
against persons with disabilities in employment, education, access to 
healthcare, or in the provision of other state services. There are no 
laws mandating access to buildings, and there were few government 
resources devoted to training persons with disabilities. The Government 
provided tax advantages to groups that assisted persons with 
disabilities. The Social Assistance Division in the Ministry of Labor 
and Social Protection and the National Labor Force Agency are 
responsible for protecting the rights of persons with disabilities.

    National/Racial/Ethnic Minorities.--Ukrainians and Russians are the 
two largest minorities. A Christian Turkic minority, the Gagauz, makes 
up a small percentage of the population and live primarily in the south 
of the country. Official statistics put the number of Roma at 11,600; 
however, the OSCE and Romani NGOs have estimated the number of Roma at 
20,000 to 200,000.
    Roma suffered violence, harassment, and discrimination. Local and 
international NGOs reported that Roma were victims of police beatings 
in custody, arbitrary arrest and detention, unlawful confiscation of 
personal property, harassment by law enforcement officials, and were 
subjected to societal violence and harassment. The European Roma Rights 
Center reported that officials discriminated against Roma with regard 
to housing, education, and access to public services.
    The Roma were the poorest of the minority groups and often lived in 
segregated communities in unsanitary conditions lacking basic 
infrastructure. These conditions often led to segregated education with 
even fewer resources than in the rest of the country's schools. Many 
Romani children did not attend school, very few received a secondary or 
higher education, and there was no Romani-language education.
    Minority rights and language were closely related problems. 
Romanian is the only official language; however, Russian has served as 
a language for interethnic communication and is well-established in 
practice. However, Russian speakers were not subject to discrimination 
in education or employment and a citizen has a legal right to choose 
the language of interaction with government officials or commercial 
entities. Officials are required to know both Romanian and Russian ``to 
the degree necessary to fulfill their professional obligations.'' The 
Constitution provides parents the right to choose the language of 
instruction for their children, and the Government observed this right 
in practice.
    Authorities in the separatist Transnistrian region continued to 
discriminate against Romanian speakers. They refused to observe the 
country's language law, which requires the use of Latin script, and the 
region's schools were required to teach Romanian using the Cyrillic 
alphabet. Many teachers, parents, and students objected to this 
requirement, asserting that it disadvantaged persons who wished to 
pursue higher education opportunities in the rest of the country or in 
Romania, where the Latin script was used.
    In July, Transnistrian authorities closed four Latin script schools 
that were registered with the Moldovan Ministry of Education and 
attempted to close two more. Police forcibly closed the Latin-script 
schools in Ribnita and Tiraspol, removing all furniture and school 
materials and sealing the premises. They also closed two schools in 
Dubasari and Corjova; students from these schools were transferred to 
Latin-script schools in villages under the control of the Moldovan 
authorities. Police were impeded from closing a Latin-script school and 
orphanage in Bender by parents, teachers and children who guarded the 
facilities throughout August and September. Authorities claimed the 
institutions violated Transnistrian law, which requires the schools to 
register locally and to use the Cyrillic alphabet for instruction. In 
September, the OSCE helped negotiate a formula to allow the Latin-
script schools in Bender, Dubasari, and Corjova to register, although 
authorities continued to impose logistical and legal hurdles to prevent 
the schools from functioning normally. Later, the schools in Ribnita 
and Tiraspol were also allowed to register for 1 year under the OSCE-
negotiated formula. The Tiraspol school was scheduled to open in 
January 2005 after undergoing substantial repairs for damage in the 
summer by Transnistrian police. The Ribnita school was open but 
operating out of a different building after the Transnistrian 
authorities refused to let the school return to its original building.

    Other Societal Abuses and Discrimination.--There were reports of 
governmental and societal discrimination based on sexual orientation.
    According to Gender-DocM, lack of community recognition, negative 
media portrayals, and condemnation by the Orthodox Church often led to 
public ostracism of gays, lesbians, and their families. At the third 
annual Gay Pride events in Chisinau in May, there were reports of 
groups shouting epithets and intimidating persons at the gatherings. 
Gender-DocM reported that there were several incidents of gay children 
being asked to leave home by their parents and villages shunning a 
family because of a gay child. The NGO reported that schoolteachers and 
university professors have been dismissed due to their homosexuality, 
and that police regularly threatened gays and lesbians with public 
exposure if they did not pay bribes. In 2003, the postal service in 
Gagauzia refused to distribute a gay-themed news magazine published by 
the main NGO for gay and lesbian issues, Gender-DocM, because of its 
content.
    In Transnistria, homosexuality was illegal and gays and lesbians 
were subject to governmental and societal discrimination.
Section 6. Worker Rights
    a. The Right of Association.--The Constitution and law provides 
workers the right to establish or join unions; however, there were 
reports that the Government attempted to pressure individual unions to 
leave the confederation with which they were affiliated and join a 
confederation that supported government policies. Approximately 50 
percent of the workforce belonged to a union.
    There were two unions--the Trade Union Confederation of Moldova 
(TUCM) and the Confederation of Free Trade Unions Solidaritate 
(Solidarity). The latter advocated government positions, and the 
Government was widely believed to support it. After the 2001 
parliamentary elections, the Government reportedly made several 
attempts to pressure TUCM unions to convert to Solidaritate. During the 
year, the Government allegedly pressured several local teachers' unions 
successfully to quit TUCM and join Solidaritate. The National Public 
Sector Union, which was a member of TUCM, split into two organizations, 
with one remaining in TUCM and the other joining Solidaritate. In 
response to these events, TUCM leaders and the International 
Confederation of Free Trade Unions called on the Government to stop 
interfering in the internal affairs of the union movement.

    b. The Right to Organize and Bargain Collectively.--The law 
provides for collective bargaining, the right to organize, and the 
right to conduct activities without government interference; however, 
the Government did not always respect these rights in practice (see 
Section 6.a.). The law provides for the right to strike; however, 
workers in essential services were not allowed to strike.
    The Government, management, and unions negotiated national minimum 
wages in tripartite talks. Branch unions for particular industries 
negotiated with management and the ministries responsible for that 
industry. Tripartite negotiations could, and often did, set wages 
higher than the national minimum, particularly in profitable 
industries. At the enterprise level, union and management negotiated 
wages directly and could set wages higher than negotiators at the 
industry level. Arbitration committees typically settled workplace 
labor disputes. If an arbitration committee failed to settle a dispute, 
it could be taken to the Court of Appeals. Court decisions involving 
salary restitution or hiring/promotion practices were not implemented 
in all cases.
    Government workers and workers in essential services such as health 
care and energy do not have the right to strike; the law provides for 
arbitration of disputes in these sectors with court mediation as a 
final option to ensure due process.
    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, including by children; however, 
there were reports that such practices occurred (see Section 5, 
Trafficking).

    d. Prohibition of Child Labor Practices and Minimum Age for 
Employment.--The law sets standards for child labor, including minimum 
age for employment, hours of work, and working conditions, and 
prohibits the worst forms of child labor; however, the Government did 
not effectively enforce these protections. The law provides for 10 to 
15 years' imprisonment for persons' involving children in the worst 
forms of child labor; under aggravated circumstances, sentences could 
be life imprisonment. Child labor was a problem. Due to the poor 
economic conditions, children were often sent to work in the fields or 
to find other work, and those living in rural areas often assisted in 
the agricultural sector.
    The minimum age for unrestricted employment was 18 years. Persons 
between the ages of 16 and 18 were permitted to work under special 
conditions, including shorter workdays, no night shifts, and longer 
vacations.
    Trafficking in persons, including trafficking of children, remained 
a serious problem (see Section 5, Trafficking.)
    Efforts to enforce child labor laws were not sufficient to deter 
violations. The Labor Inspection Office in the Ministry of Labor and 
Social Protection is responsible for investigating possible child labor 
violations; however, the office has not uncovered any child labor 
violations since its creation in 2002.
    In April, the ILO, in cooperation with the Government, established 
an international program for the elimination of child labor (IPEC) in 
the country. ILO-IPEC developed and began implementing programs to 
strengthen local antitrafficking committees, establish community-based 
youth centers, train representatives of employers' organizations and 
trade unions, promote employment for at-risk youth and parents, and 
improve care for child victims of trafficking.

    e. Acceptable Conditions of Work.--During the year, the legal 
minimum monthly wage was raised to approximately $17 (200 lei) for 
public sector employees and to approximately $37 (440 lei) for private 
sector employees, neither of which provided a decent standard of living 
for a worker and family. The Labor Inspection Office within the 
Ministry of Labor and Social Protection is responsible for enforcing 
the minimum wage regulation and it opened some administrative cases 
against employers who violated it. Due to severe budgetary constraints, 
both the Government and private sector employers often did not meet 
employee payrolls and, by December, salary arrears in the public sector 
amounted to $12.7 million (158 million lei).
    The Constitution sets the maximum workweek at 40 hours with extra 
compensation for overtime, and the law provides for at least 1 day off 
per week.
    The Government is required to establish and monitor safety 
standards in the workplace. The Labor Inspection Office in the Ministry 
of Labor and Social Protection is responsible for enforcing health and 
safety standards; however, health and safety standards were not 
adequately enforced. Workers have the right to refuse to work if 
working conditions represent a serious health threat; however, there 
were no reports that workers exercised this right in practice. In 
practice, poor economic conditions have led enterprises to economize on 
safety equipment and show little concern for worker safety. According 
to the Labor Inspection's preliminary data, there were 101 serious 
workplace accidents during the year, of which 53 resulted in deaths.

                               __________

                                 MONACO

    Monaco is a constitutional monarchy in which the sovereign Prince 
plays a leading role in governing the country. The Prince appoints the 
four-member Government, headed by a Minister of State chosen by the 
Prince from a list of candidates proposed by France. The other three 
members are the Counselor for the Interior (who is usually French), the 
Counselor for Public Works and Social Affairs, and the Counselor for 
Finance and the Economy. Each is responsible to the Prince. Legislative 
power is shared between the Prince and the popularly elected 24-member 
National Council. The last National Council election was held in 
February 2003 and was considered free and fair. There also are three 
consultative bodies whose members are appointed by the Prince: The 7-
member Crown Council; the 12-member Council of State; and the 30-member 
Economic Council, which includes representatives of employers and trade 
unions. The judiciary is independent.
    In addition to the national police force, the ``Carabiniers du 
Prince'' carry out security functions. Government officials effectively 
controlled the security forces. There were no reports that security 
forces committed human rights abuses.
    The population was approximately 32,000, and the principal economic 
activities were services and banking, light manufacturing, and tourism. 
The economy provided residents with a high standard of living.
    The Government generally respected the human rights of its 
citizens, and the law and the judiciary provide effective means of 
dealing with individual instances of abuse. Authority to change the 
Government and initiate laws rests with the Prince. The Penal Code 
prohibits public denunciations of the ruling family. The Constitution 
distinguishes between those rights that are provided for all residents 
and those that apply only to the approximately 7,100 residents who hold 
Monegasque nationality. Some remnants of legal discrimination against 
women persisted, particularly with regard to the transmission of 
citizenship.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Arbitrary or Unlawful Deprivation of Life.--There were no 
reports of the arbitrary or unlawful deprivation of life by the 
Government or its agents.

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

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The Constitution prohibits such practices, and there were 
no reports that officials employed them.
    Prison conditions generally met international standards, and the 
Government permitted visits by independent human rights observers.
    Women were held separately from men, and juveniles were held 
separately from adults. Pretrial detainees were held separately from 
convicted prisoners.
    Persons convicted and sentenced are transferred to a French prison 
to serve out their prison term.

    d. Arbitrary Arrest or Detention.--The Constitution prohibits 
arbitrary arrest and detention, and the Government generally observed 
these prohibitions.
    The primary role of the police is the maintenance of law and order 
within the Principality and to ensure the safety of visitors and 
citizens alike.
    Arrest warrants are required and issued by an appropriate legal 
entity, except when a suspect is arrested while committing an offense. 
Police must bring detainees before a judge within 24 hours to be 
informed of the charges against them and of their rights under the law. 
Most detainees are released without bail, but the investigating 
magistrate may order detention on grounds that the suspect either might 
flee or interfere with the investigation of the case. There is a 
functioning bail system, and it was used depending on the type and 
severity of the crime. The magistrate may extend the initial 2-month 
detention for additional 2-month periods indefinitely. The magistrate 
may permit family members to see detainees, and detainees are provided 
prompt access to a lawyer.

    e. Denial of Fair Public Trial.--Under the Constitution, the Prince 
delegates his judicial powers to the judiciary. The law provides for an 
independent judiciary, and the Government generally respected this 
provision in practice.
    The legal system includes: A Court of First Instance, a Court of 
First Appeal, a Higher Court of Appeal, a Criminal Court, and the 
Supreme Court. The Supreme Court is composed of 5 chief members and 2 
assistant judges named by the Prince on the basis of nominations from 
the National Council in conjunction with other governmental bodies. The 
Supreme Court is the highest court for judicial appeals and also 
interprets the Constitution when necessary. The legal system is closely 
related to France's and is patterned after the Napoleonic Code.
    The law provides for the right to a fair trial, and the independent 
judiciary generally enforced this right. As under French law, a three-
judge tribunal considers the evidence collected by the investigating 
magistrate and hears the arguments made by the prosecuting and defense 
attorneys.
    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 and did not restrict academic freedom; however, 
the law prohibits public denunciations of the ruling family, a 
provision that the media generally observed.
    The Government did not restrict access to the Internet.

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

    c. Freedom of Religion.--The law provides for freedom of religion, 
and the Government generally respected this right in practice. Roman 
Catholicism is the state religion.
    No missionaries operated in the principality, and proselytizing was 
strongly discouraged. However, there is no law against proselytizing by 
religious organizations that are registered formally by the Ministry of 
State. Organizations regarded as religious ``sects'' routinely have 
been denied such registration; however, there were no reports of 
religious organizations being denied registration during year.
    There were no reports of anti-Semitic discrimination or violence.
    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 employ 
it.
    Residents moved freely within the country and across its open 
borders with France. Nationals enjoyed the rights of emigration and 
repatriation; however, they can be deprived of their nationality for 
specified acts, including naturalization in a foreign country. Only the 
Prince can grant or restore nationality, but he is obliged by the 
Constitution to consult the Crown Council on each case before deciding.
    In light of its bilateral arrangements with France, the Government 
does not grant political asylum or refugee status unless the request 
also meets French criteria for such cases. The number of such cases was 
very small.
    The law provides for the granting of asylum and refugee status in 
accordance with the 1951 U.N. Convention Relating to the Status of 
Refugees or its 1967 Protocol, and the Government has established a 
system of 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 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
    Authority to change the Government and to initiate laws rests with 
the Prince. The Constitution cannot be suspended, but it can be revised 
by common agreement between the Prince and the elected National 
Council. The last National Council election was held in February 2003 
and was considered free and fair. The Prince played an active role in 
Government. He names the Minister of State (in effect, the Prime 
Minister) from a list of names proposed by the French Government. He 
also names the three Counselors of Government (of whom the one 
responsible for the interior is usually a French national). Together 
the four constitute the Government. Each is responsible to the Prince.
    Only the Prince may initiate legislation, but the 24-member 
National Council may propose legislation to the Government. All 
legislation and the adoption of the budget require the Council's 
assent. Elections for National Council members, which are held every 5 
years, are based on universal adult suffrage and secret balloting.
    The Constitution provides for three consultative bodies. The Prince 
on certain questions of national importance must consult the seven-
member Crown Council, composed exclusively of Monegasque nationals. He 
may choose to consult it on other matters as well. The President and 
three members of the Crown Council are chosen directly by the Prince 
for 3-year terms. The three other members are proposed by the National 
Council, also for 3-year terms; the Prince then ratifies their 
selection.
    The 12-member Council of State, which is not restricted to 
Monegasque citizens, advises the Prince on proposed legislation and 
regulations. The Council of State is presided over by the Director of 
Judicial Services, usually a French citizen. The Minister of State 
nominates the Director and other members of Judicial Services, and the 
Prince ratifies their nominations.
    There were no reports of corruption, and the Government provided 
free and open access to official information.
    One member of the Crown Council, five members of the National 
Council, and four members of the Economic Council were women.
    Government participation is limited to citizens and French 
nationals, and there were no minorities in the Government.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    While the Government imposed no restrictions on the establishment 
or operation of local groups devoted to monitoring human rights, there 
were no such groups within the Principality. Foreign groups did not 
seek to investigate human rights conditions in the country.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The Constitution provides that all nationals are equal before the 
law. It differentiates between rights that are accorded to nationals 
(including preference in employment, free education, and assistance to 
the ill or unemployed) and those accorded to all residents, for 
example, freedom of inviolability of the home.

    Women.--Reported instances of violence against women were rare. The 
law strictly prohibits marital violence, and any wife who is a victim 
may bring criminal charges against her husband.
    Rape is illegal, and the Government effectively enforced the law in 
practice.
    Prostitution is legal; however, it was not considered a problem.
    Women were represented fairly well in the professions; however, 
they were represented less well in business. Women received equal pay 
for equal work. The law does not prohibit sexual harassment; however, 
there were no reports of sexual harassment.
    The law governing transmission of citizenship provides for equality 
of treatment between men and women who are nationals by birth; however, 
women who acquire Monegasque citizenship by naturalization cannot 
transmit it to their children, whereas naturalized male citizens can.

    Children.--The Government was committed fully to the protection of 
children's rights and welfare and had well-funded public education and 
health care programs. The Government provided compulsory, free, and 
universal education for children up to the age of 16.

    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 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.
Section 6. Worker Rights
    a. The Right of Association.--The law provides workers with the 
right to form or join unions without previous authorization or 
excessive requirements, and they exercised this right. Less than 10 
percent of workforce was unionized.

    b. The Right to Organize and Bargain Collectively.--The right to 
organize and bargain collectively was recognized and exercised freely, 
and the Government protected this right in practice. The law provides 
for the right to strike, and workers generally exercised this right in 
practice; however, government workers may not strike. There were no 
strikes during the year. There are no export processing zones.

    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 and government policy protected children from exploitation in the 
workplace, and the Government effectively implemented the law and 
policy in practice.
    The minimum age for employment is 16 years; those employing 
children under that age can be punished under the law. Special 
restrictions apply to the hiring, work times, and other conditions of 
workers 16 to 18 years old.

    e. Acceptable Conditions of Work.--The legal minimum wage for full-
time work was the French minimum wage, which was $10.27 (7.61 euros) 
per hour, plus 5 percent. The 5 percent adjustment was intended to 
compensate for the travel costs of the three-quarters of the workforce 
who commuted daily from France. The minimum wage provided a decent 
standard of living for a worker and family. The legal maximum workweek 
was 39 hours.
    Health and safety standards are fixed by law and government decree. 
These standards were enforced by health and safety committees in the 
workplace and by the Government Labor Inspector. Workers have the right 
to remove themselves from dangerous work situations without 
jeopardizing their employment, and the Government effectively enforced 
this right.

                               __________

                            THE NETHERLANDS

    The Netherlands is a constitutional monarchy with a bicameral 
parliamentary legislative system. Parliamentary elections were held in 
January 2003. The Prime Minister and a Cabinet representing the 
governing political parties (traditionally a coalition of at least two 
major parties) exercise executive authority. The judiciary is 
independent.
    Regional police forces are primarily responsible for maintaining 
internal security. The civilian authorities generally maintained 
effective control of the security forces. There were no reports that 
security forces committed human rights abuses.
    The market-based economy was export oriented and featured a mixture 
of industry, services, and agriculture. The country's population was 
approximately 16.3 million. Living standards and the level of social 
benefits were high. Unemployment was approximately 6.2 percent, with an 
additional 10 percent of the workforce on full or partial disability. 
Long-term unemployment, particularly among ethnic minorities, remained 
a problem.
    The Government generally respected the human rights of its 
citizens, and the law and judiciary provide effective means of 
addressing individual instances of abuse. On November 2, film director 
Theo van Gogh was killed in an attack with religious/political motives. 
The killing led to instances of violence between the Muslim and non-
Muslim communities, including arson attacks on religious schools, 
churches and mosques. Discrimination and some violence against 
minorities continued to be a concern. Violence against women and 
children was a problem. Trafficking in women and girls for prostitution 
was a problem. The Government took steps to deal with all of these 
problems, including new legislation, improved social services, public 
outreach, and modified administrative procedures.
    Aruba and the Netherlands Antilles are two autonomous regions of 
the Kingdom; they also feature parliamentary systems and full 
constitutional protection of human rights. In practice, respect for 
human rights in these islands generally was the same as in the 
Netherlands; however, the islands' prison conditions remained 
substandard.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Arbitrary or Unlawful Deprivation of Life.--There were no 
reports of the arbitrary or unlawful deprivation of life committed by 
the Government or its agents.
    On November 2, film director Theo van Gogh was killed on the street 
in a religiously and/or politically motivated attack. Van Gogh was well 
known for inflammatory rhetoric and extreme forms of expression in his 
art, including criticism of Islamic practices. Police arrested a 26-
year-old Dutch man of Moroccan descent, who was awaiting trial at 
year's end.

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

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The Constitution prohibits such practices, and there were 
no reports that government officials employed them.
    There were incidents of rightwing and racist violence against 
religious and ethnic minorities. There was an upsurge of attacks 
against Muslim and Christian institutions after the November van Gogh 
killing (see Section 2.c.).
    Prison conditions in the country generally met international 
standards, and the Government permitted visits by independent human 
rights observers.
    Male and female prisoners were held separately. In addition, 
juvenile prisoners were held separately from adults, and pretrial 
detainees were held separately from convicted criminals.
    During the year, the Governments of the Netherlands Antilles and 
Aruba improved prison staffing and capacity to address concerns by the 
Council of Europe's Committee for the Prevention of Torture. 
Authorities expanded prison activities, health care, and amenities, 
lessening inmate tensions. Prisoners also were eligible for early 
release. Both governments took steps to alleviate overcrowding. They 
completed renovations at the Rio Canario Detention Center on Curacao 
and expanded Aruba's Correctional Institute Aruba (KIA) prison to house 
300 prisoners, up from 250. Despite these improvements, problems 
remained. On Curacao, illegal immigrants vandalized their barracks in 
protest over their treatment. On Aruba, 90 KIA prisoners, including 9 
who sewed their mouths shut, held a hunger strike over prison 
conditions, including lack of recreational time and poor food. On 
Bonaire, the Chief Public Prosecutor ordered the release of a large 
number of detainees (mostly drug couriers arrested at the airport) from 
the Police Detention Center because of overcrowding and poor 
conditions. The Government of the Netherlands continued to provide 
assistance to improve prison conditions and management.
    The Governments of the Netherlands Antilles and Aruba permitted 
access by independent human rights observers to prisons; however, no 
such visits occurred during the year.

    d. Arbitrary Arrest or Detention.--The law prohibits arbitrary 
arrest and detention, and the Government generally observed these 
prohibitions in practice.
    Regional police forces have primary responsibility for maintaining 
internal security. The Royal Constabulary and investigative 
organizations also have specified responsibilities for internal and 
external security. The police were effective, conducting their 
investigations in a highly professional manner with due respect for the 
human rights of suspects. There were no indications of systematic 
police corruption or imputations of widespread improprieties. However, 
at year's end, the military police, which is responsible for Amsterdam 
Schiphol airport and border control generally, acknowledged that it had 
been investigating credible allegations of drug trafficking and 
corruption involving baggage handlers, customs personnel, and shop 
personnel at Schiphol Airport. At year's end, 18 employees of private 
organizations working at Schiphol had been prosecuted and were awaiting 
a final court verdict.
    Police officers, acting under the authority of the public 
prosecutor, conduct criminal investigations. A prosecutor or senior 
police officer must order arrests. Police officers may question 
suspects for a maximum of 12 hours and may detain a suspect for up to 6 
days upon an order of the public prosecutor. If the prosecutor believes 
an investigation is necessary, he must request a preliminary judicial 
inquiry from the investigative judge, who then assumes responsibility 
over the investigation. Defense attorneys have the right to be present 
during any questioning.

    e. Denial of Fair Public Trial.--The Constitution provides for an 
independent judiciary, and the Government generally respected this 
provision in practice.
    The judicial system is based on the Napoleonic Code. A pyramidal 
system of cantonal, district, and appellate courts handles both 
criminal and civil cases. The Supreme Court acts as the highest 
appellate court and ensures the uniform interpretation of the law.
    The law provides for the right to a fair trial, and an independent 
judiciary generally enforced this right. The law requires that 
defendants be informed fully at every stage of criminal proceedings. In 
criminal trials, the law provides for a presumption of innocence and 
the right to public trial, to counsel (virtually free for low-income 
persons), and to appeal. There is no provision for bail.
    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.

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

    c. Freedom of Religion.--The Constitution provides for freedom of 
religion, and the Government generally respected this right in 
practice. The Government provided subsidies to religious organizations 
that maintained educational facilities.
    In its latest report covering the period between May 2003 and May, 
the Center for Information and Documentation on Israel registered 334 
anti-Semitic incidents, compared to 359 in 2002, the first decrease 
(7.5 percent) in anti-Semitic incidents since 2000. In addition, the 
number of serious incidents (physical violence, threat with violence, 
and defacing of cemeteries and synagogues) decreased by 40 percent. 
Provisional statistics covering the first 4 months of the year 
confirmed this trend. A considerable number of offenders were of North 
African origin.
    The National Expertise Center for Discrimination dealt with cases 
of discrimination that come under criminal law, registering all 
criminal cases in this area. In 2002 and 2003, the joint prosecutor 
offices recorded 242 and 204 discrimination cases respectively, of 
which about a quarter concerned cases of anti-Semitism. Although the 
Government has repeatedly condemned any form of anti-Semitism, it 
rejected a 2003 request from Parliament for a separate policy designed 
to combat anti-Semitism, noting that it presented a comprehensive 
action plan in 2002 to combat any form of discrimination.
    In the two weeks following the November 2 public killing of film 
director Theo van Gogh by a Dutch man of Moroccan descent, unknown 
persons carried out upwards of 30 arson attacks against mosques, Muslim 
schools, churches, and other property. For example, on November 8, 
unknown persons firebombed the Tariq Ibnu Zyad Islamic elementary 
school in Eindhoven. On November 9, unknown persons burned an Islamic 
elementary school in the town of Uden and left writing on the school 
walls linking the crime to the Van Gogh killing; on the same day, there 
were arson attacks on churches in Utrecht and Amersfoort. By year's 
end, there had been 12 arrests of suspects allegedly belonging to a 
terrorist organization, including six from a criminal/terrorist cell 
linked to the murder of Van Gogh.
    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 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. The Government cooperated 
with the office of the U.N. High Commissioner for Refugees and other 
humanitarian organizations in assisting refugees and asylum seekers. 
Asylum seekers were permitted to apply for residence status, except 
those who came from a so-called safe country of origin or stayed for 
some time in a safe country of transit. The Government's asylum policy 
was designed to protect genuine refugees while excluding economic 
migrants and illegal immigrants. The Government pursues an active 
policy aimed at returning screened-out asylum seekers and illegal 
immigrants to their home country and offers assistance to those 
prepared to return voluntarily. It provided protection against 
refoulement, the return of persons to a country where they feared 
prosecution. In August, Amnesty International criticized the Government 
for returning persons to Somalia where it claimed two were killed; 
however, the Government rejected any causal link between their 
expulsion and subsequent violent death.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The Constitution provides citizens with the right to change their 
government peacefully, and citizens exercised this right in practice 
through periodic, free, and fair elections held on the basis of 
universal suffrage. These constitutional rights also apply to the 
Netherlands Antilles and Aruba.
    Parliamentary elections were held in January 2003.
    The law requires the executive branch to provide full information 
on administrative matters unless publication of such information runs 
counter to the public interest. Exceptions are clearly defined, and 
administrative courts review any dispute.
    There were no restrictions in law or in practice that hindered the 
participation of women and minorities in government and politics. There 
were 60 women in the 150-seat Second Chamber of Parliament, and there 
were 5 female ministers in the 16-member Cabinet. The Government 
pursued an active policy of promoting the participation of women in 
politics and public administration. Women also held positions in the 
parliaments and cabinets of the Netherlands Antilles and Aruba.
    There were approximately 15 members of minorities--Turkish, 
Moroccan, Iranian, Surinamese, and Somali--in the 150-seat Second 
Chamber of Parliament. There were no ethnic minority political parties 
or movements specifically represented in Parliament.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    Several domestic and international human rights groups generally 
operated without government restriction, investigating and publishing 
their findings on human rights cases. Government officials were very 
cooperative and responsive to their views.
    The Government has a long tradition of hosting international legal 
tribunals, including the International Court of Justice, the 
International Criminal Tribunal for the Former Yugoslavia, and the 
headquarters of the International Criminal Tribunal for Rwanda.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The Constitution prohibits discrimination on the basis of race, 
gender, disability, language, social status, political preference, or 
sexual orientation. Under the Equal Treatment Act, complainants may sue 
alleged offenders under civil law.

    Women.--Domestic violence against women was a problem. According to 
a 2004 Justice Ministry report, more than 15 percent of women had been 
sexually abused by relatives before reaching the age of 16; 11 percent 
of women ages 20 to 60, mainly from ethnic minority groups, had 
suffered from physical violence in a relationship over a long period of 
time. Only about 12 percent of cases were reported to the police. The 
maximum sentence for marital rape is 8 years' imprisonment. Spousal 
abuse carries a one-third higher penalty than ordinary battery. During 
the year, approximately 800 men were prosecuted for beating their 
partners. Societal costs caused by violence against women were 
estimated at $202 million (150 million euros) per year.
    In 2003, the Justice Ministry opened a special website on domestic 
violence with information for victims and welfare organizations. In 
July, the Government established a national network of advisory and 
assistance centers for victims and perpetrators of domestic violence 
and allocated $10.5 million (7.8 million euros) for the period through 
2007, and $4.1 million (3 million euros) in the years thereafter. The 
Government also decided to build more shelters for battered women.
    Female Genital Mutilation (FGM) is prohibited. According to a 
current report from the Ministry of Public Health, Welfare, and Sport, 
there are no reliable figures on the scale of the problem, especially 
of immigrant girls who undergo FGM in their countries of origin and 
return to the country. In April, the Government established a special 
FGM committee to advise on the complex legal, ethical, human rights, 
medical, and social questions surrounding prevention and monitoring 
measures. The FGM committee is expected to release its report in March 
2005.
    Prostitution is legal for persons who are at least 18 years of age 
and engage in the work voluntarily; however, organizing the 
prostitution of another person is a crime even if done with the consent 
of the prostitute. It is illegal to force a person into prostitution. 
The Government has strict licensing standards for brothel operators and 
has improved working conditions and health care for prostitutes, while 
at the same time prohibiting the employment of minors and illegal 
immigrants and making prostitution less susceptible to criminal 
organizations. Trafficking of women for sexual exploitation remained a 
problem (see Section 5, Trafficking). There were approximately 25,000 
prostitutes; roughly two-thirds were from non-European Union (EU) 
countries.
    The law requires employers to take measures to protect workers from 
sexual harassment; however, a study by the Applied Science Research 
Institute's labor division showed that 5.3 percent of female workers 
were sexually intimidated in the workplace in 2003. The Government 
funded an ongoing public awareness campaign and has taken measures to 
counter harassment among civil servants.
    The law mandates equal pay for equal work, prohibits dismissal 
because of marriage, pregnancy, or motherhood, and provides equal 
treatment in other employment-related areas. There is an Equal 
Treatment Commission that investigated complaints of discrimination in 
these areas as well as allegations of pay discrimination.
    Although women increasingly entered the job market, traditional 
cultural factors and an inadequate number of daycare facilities 
discouraged women from working. Female unemployment was approximately 7 
percent. The social welfare and national health systems provided 
considerable assistance to workingwomen with families. Women were 
eligible for 16 weeks of maternity leave with full pay. The law allows 
both parents to take unpaid full-time leave for 3 months and to extend 
that leave for more than 6 months to care for children up to 8 years of 
age. Persons working fewer than 20 hours per week also were entitled to 
parental leave.
    The Social Affairs Ministry reported that women often were 
underemployed, had less chance of promotion, and held lower level 
positions than men, primarily because of their part-time work status. 
According to the Ministry of Social Affairs and Employment, women 
working in the private sector on average earned 23 percent less than 
men, although, when adjusted for level of experience and expertise 
required for the jobs, this differential fell to 7 percent.
    The Government provided affirmative action programs for women, and 
collective labor agreements usually included provisions to strengthen 
the position of women.

    Children.--The Government worked to ensure the well being of 
children through numerous well-funded health, education, and public 
information programs. Compulsory education ends at age 16, or after at 
least 12 years of education. Education was free for children between 
the ages of 4 and 16, although schools could ask for a voluntary 
contribution from parents. Vocational education was also free, except 
for the cost of books and materials. Approximately 10 percent of 
students left secondary school before attaining a certificate. 
Government-licensed Islamic schools were obliged to follow the same 
curriculum requirements as other schools.
    Child abuse was a problem. According to the Child Abuse Reporting 
and Advisory Center (AMK), approximately 50,000-80,000 children were 
victims of child abuse each year, although only 28,000 formal reports 
of abuse were registered in 2003, about 13 percent more than in 2002. 
Approximately 50 children reportedly die each year as a result of 
abuse. According to the AMK, a national child abuse information 
campaign, which began in December 2003, led to increased reports of 
victims, and therefore, longer waiting lists for assistance. The 
Council for the Protection of Children, which operated through the 
Ministry of Justice, enforced child support orders, investigated cases 
of child abuse, and recommended remedies ranging from counseling to 
withdrawal of parental rights. The Government also maintained a popular 
hotline for children and a network of pediatricians who tracked 
suspected cases of child abuse on a confidential basis.
    The age of consent is 16. Sexual intercourse with minors under age 
12 is a criminal offense. The law provides for the prosecution of 
sexual abusers of children between the ages of 12 and 16 without 
requiring that affected parties file a complaint. The law provides 
maximum penalties of 6, 8, and 10 years' imprisonment for sex (in the 
context of prostitution) with minors under the ages of 18, 16, and 12, 
respectively. Under the law, citizens and noncitizens permanent 
residence in the country who abused minor children in foreign countries 
could be tried and convicted even if the offense is not a crime in the 
country where it took place.
    The maximum penalty for the distribution of child pornography is 6 
years' imprisonment. The law allows for provisional arrest, house 
searches, and criminal financial investigations of child pornography. 
The possession of child pornography is also punishable by law. Under 
the law, persons under the age of 18 are not allowed to perform in 
pornographic films. The law also criminalizes the electronic 
manipulation of images of children for sexual purposes. The Government 
continued its campaign against child pornography on the Internet. The 
Child Porn Reporting Center and the national police reported 6,000 
cases of Internet child pornography in 2003, down from 6,119 reports in 
2002. In 2003, approximately 100 child pornography cases were 
prosecuted, compared to 80 in 2002 and 30 in 2001.

    Trafficking in Persons.--The law criminalizes alien smuggling and 
trafficking in persons; however, trafficking in persons was a problem.
    Legislation became effective on January 1, 2005 raising the maximum 
sentence for trafficking in persons to 12 years' imprisonment in case 
of serious physical injury and 15 years' imprisonment in case of death, 
which is commensurate with penalties for other grave crimes (i.e. rape) 
and in conformity with U.N. and EU protocols. The law also expands the 
definition of people trafficking to all forms of modern slavery. It 
defines exploitation as ``exploitation of another in prostitution, 
other forms of sexual exploitation, forced or compulsory labor or 
services, slavery and practices that can be compared to slavery or 
bondage.'' The law prohibits the employment of prostitutes under the 
age of 18.
    In 2003, authorities prosecuted approximately 189 trafficking 
cases, compared to 165 in 2002. In February, an Alkmaar district court 
imposed prison sentences varying from 3.5 to 12 years on 4 men 
suspected of having trafficked 3 East European women into the country 
for prostitution. In May, the Lelystad police arrested three men and 
two women for having lured African women from Brussels to the country, 
where they were forced to work as prostitutes and act in pornographic 
videos. In June, the Friesland police arrested two men and one Romanian 
woman suspected of having trafficked East European women. In July, The 
Hague police arrested 6 persons, and the Alkmaar police arrested the 
owner of an escort service suspected of having exploited minors. In 
August, the Rotterdam court sentenced 3 persons to 3 to 21 months' 
imprisonment for having lured 2 girls into prostitution. All these 
cases were still pending in court at year's end.
    The Government actively combated trafficking in persons. The 
Ministries of Justice, Internal Affairs, Foreign Affairs, Welfare and 
Health, and Social Affairs were involved, and a number of local police 
forces established special units to deal with trafficking. A National 
Police team with authority over approximately 500 police focused 
exclusively on trafficking investigations and provided specialized 
training to police in the identification and protection of possible 
trafficking victims. The National Rapporteur on Trafficking in Persons, 
an independent, publicly funded agency, reported annually to the 
Government on the nature, extent, and mechanisms of trafficking as well 
as on the effects of national policies. Authorities participated in 
international investigations and set up a Joint Investigation Team with 
the United Kingdom, Belgium, Germany, and the European Police Agency 
(Europol) to combat trafficking in persons in Bulgaria. The Government 
also cooperated closely with other governments on trafficking, and 
Europol, established in The Hague, provided analytical support and 
administrative expertise to law enforcement agencies on trafficking 
matters.
    The country was a destination and transit point for trafficked 
persons. Nongovernmental organizations (NGOs) and the police estimated 
that the number of women and girls trafficked for the purpose of sexual 
exploitation ranged from 1,000 to 3,600. The Foundation against 
Trafficking in Women registered 257 victims in 2003, of whom 134 came 
from Central and Eastern Europe; lesser numbers came from African 
countries, primarily Nigeria and Sierra Leone, and from South America, 
China and Thailand. In 2002, the Rapporteur reported that 625 
trafficking victims contacted organizations offering assistance to 
victims.
    Trafficking within the country was also a problem. The National 
Rapporteur reported that of approximately 55 police investigations, 24 
percent related to internal trafficking. The victims were young, mostly 
immigrant girls, who were recruited internally by so-called ``lover 
boys,'' primarily young Moroccans or Turks living in the country, who 
lured them into prostitution. In July, the Government announced an 
action plan to step up the fight against this specific problem. Various 
organizations and local governments initiated specific assistance and 
prevention programs for potential victims of ``lover boys.''
    The Government effectively eliminated from refugee centers the 
disappearances of single underage asylum seekers, who were later found 
in the illegal prostitution business, by tightening immigration 
regulations and controls and security at refugee centers.
    A 2003 report of the Foundation Against Trafficking in Women listed 
Bulgaria, Nigeria, Romania, Brazil, and Russia as the top five 
originating countries for women trafficked to the country. Of the 257 
victims registered in 2003, approximately 20 were under age 18.
    According to the reports by the National Rapporteur and the police, 
practically all trafficked women are forced to work in the illegal 
prostitution sector.
    Under the law, illegal residents, who may have been victims of 
trafficking, may not be deported before investigations are completed. 
Victims are allowed 3 months to consider pressing charges, and victims 
who did so were allowed to stay in the country until the judicial 
process was completed. During this period, victims received legal, 
financial, and psychological assistance. In special circumstances, 
residence permits were granted on humanitarian grounds. After 
completion of the judicial process, illegal prostitutes were eligible 
for temporary financial assistance before returning to their native 
countries.
    The Government subsidized NGOs working with trafficking victims, 
including the Dutch Foundation Against Trafficking in Women, an 
independent organization offering social support, legal advice, medical 
aid, shelters, and counseling to victims.
    The Justice Ministry co-financed the La Strada program, aimed at 
preventing trafficking in women in Central and East European countries. 
Other prevention initiatives included the Travel Agents' Association 
distribution of warnings about trafficking and sex with minors and 
public awareness campaigns aimed at tourists and travel agencies meant 
to deter sexual exploitation of children.

    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, according 
to the Dutch Council for Chronic Patients and the Handicapped, public 
buildings and public transport often were not easily accessible.
    Approximately 10 percent of the work force was on full or partial 
disability. The Equal Treatment Act of Handicapped People and the 
Chronically Ill, which became effective in May, requires the equal 
treatment of persons with disabilities and those who suffer from 
chronic diseases. The law bans discrimination against persons with 
disabilities in employment, education, and public transport. Complaints 
may be filed with the Equal Treatment Committee.

    National/Racial/Ethnic Minorities.--Approximately 20 percent of the 
population (3 million persons) is of foreign origin, including 1.6 
million who belong to ethnic minority groups, principally Turkish, 
Moroccan, Surinamese, and Antillean.
    Following the November 2 killing of film director Theo Van Gogh by 
a Dutch man of Moroccan decent, there was a brief upsurge of incidents, 
mostly minor but also including a dozen or so instances of arson 
attacks against property both of the minority Muslim community and 
Christian churches. There were numerous minor incidents, including 
intimidations, brawls, vandalism, and spraying of abusive texts, almost 
all of which ended by December.
    Incidents of physical assault against minorities were rare, but 
such minorities frequently were confronted with verbal abuse and 
intimidation and were denied access to public venues, such as 
discotheques.
    Members of immigrant groups faced some discrimination in housing 
and employment. The Government has worked for several years with 
employers' groups and unions to reduce minority unemployment levels to 
the national average. Despite these actions, unemployment among ethnic 
minorities appeared to be growing again to more than 10 percent. The 
minority unemployment rate remained 3 times that of the ethnically 
Dutch workforce.
    The Government pursued an active campaign to increase public 
awareness of racism and discrimination. Civil and criminal courts, the 
Equal Opportunities Committee, the National Ombudsman, the Commercial 
Code Council, as well as the Council for Journalism, the European Court 
of Justice, and the European Human Rights Court addressed complaints 
about racism and discrimination. The majority of criminal cases 
concerned racist defamation. Civil lawsuits often concern 
discrimination in the supply of services, such as supplemental 
conditions for nonethnic Dutch persons to obtain a mobile phone or to 
gain access to clubs. The Equal Opportunities Committee primarily 
addresses incidents of discrimination in the labor market, including 
discrimination on the work floor, unequal pay, termination of labor 
contracts, and preferential treatment of non-ethnic employees. There 
was societal criticism of Muslims for such perceived problems as the 
poor integration of Muslim immigrants into society, the high level of 
criminal activity among Muslim youth, and the conservative views of 
orthodox Muslims on topics such as women and corporal punishment.
    The police have a contact person for discrimination in each of the 
25 regional police forces, a National Bureau of Discrimination Cases 
(which acts as a clearing house and database for police forces 
nationwide), and a national registration system of cases of racism and 
discrimination to provide a comprehensive database of such cases.
    The Prosecutor's Office also has established a National Expertise 
Center on Discrimination that collects information, maintains a 
database on cases, and provides courses to prosecutors handling cases 
of discrimination. The government-sponsored National Association of 
Anti-Discrimination Bureaus registered approximately 3,600 complaints 
in 2003, two-thirds of which were based on racial discrimination. The 
number of complaints was about 9 percent lower than in 2002.
    With the proliferation of Internet websites, the dissemination of 
racial and discriminatory material increased. The Discrimination on the 
Internet Registration Center registered 1242 complaints compared to 
1496 statements on the Internet in 2003, a slight increase over 2002. A 
reported 649 statements concerned racist statements, and 514 were anti-
Semitic in nature. The Center observed a sharp increase in anti-Muslim 
and anti-Semitic statements on ultra rightwing sites such as the new 
Nazi ``Stormfront'' website. The Government argued that it could not 
take action against ``Stormfront'' because it used a foreign Internet 
service provider. In other cases, the Center requested the drafters of 
statements on Dutch sites to remove them from Internet, which usually 
happened. In the few cases in which drafters refused to do so, the 
Internet service provider either issued a warning at the Center's 
request or blocked the customer's account. A handful of the most 
serious cases were reported to the public prosecutor, but convictions 
remained rare.

    Other Societal Abuses and Discrimination.--Homosexuals increasingly 
faced harassment by pockets of mainly Muslim youth in the larger 
cities. The Government started an information campaign to counter 
homophobia among Muslim youth.
Section 6. Worker Rights
    a. The Right of Association.--Workers are entitled to form or join 
unions of their own choosing without prior government authorization, 
and workers exercised this right in practice. Membership in labor 
unions is open to all workers including armed forces personnel, the 
police, and civil service employees.

    b. The Right to Organize and Bargain Collectively.--The law allows 
unions to conduct their activities without interference, and the 
Government protected this right in practice. The Constitution provides 
for the right to organize, and specific laws provide for the right to 
collective bargaining; workers exercised this right in practice. The 
law provides for the right to strike, and workers exercised this right 
in practice, except for most civil servants, who have other 
institutionalized means of protection and redress. 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 
minimum age for employment is 16 years. Those in school at the age of 
16 may not work more than 8 hours per week. The law prohibits persons 
under the age of 18 from working overtime, at night, or in areas 
dangerous to their physical or mental well-being. The tripartite Labor 
Commission, which monitored hiring practices and conducts inspections, 
enforced these laws effectively.
    Holiday work and after school jobs are subject to very strict rules 
set by law. The Social Ministry's Labor Inspection Office oversaw 
observance of the rules. Although child labor is prohibited, an 
increasing number of children worked for pay during holidays. Labor 
inspectors reported on the parents of such children, and the Public 
Prosecutor could prosecute the parents for violating the prohibition on 
child labor. In 2004, labor inspections found that 28 percent of 
companies violated the regulations applying to holiday work, including 
by employing children under the age of 13.

    e. Acceptable Conditions of Work.--The minimum wage for adults is 
established by law and may be adjusted every 6 months to reflect 
changes in the cost of living index. The minimum wage and social 
benefits available to minimum wage earners provided an adequate 
standard of living for a worker and family.
    The law sets a 40-hour workweek. The average workweek was 30.6 
hours (38.7 hours for full-time and 20 hours for part-time workers). 
Anyone working more than 4.5 hours per day was entitled to a 30-minute 
break.
    Working conditions, including comprehensive occupational safety and 
health standards set by law and regulations, were monitored actively 
and enforced effectively by the tripartite Labor Commission. The 
Ministry of Labor and Social Affairs also monitored standards through 
its Labor Inspectorate. Workers could remove themselves from dangerous 
work conditions without jeopardizing their continued employment.

                               __________

                                 NORWAY

    Norway is a parliamentary democracy and constitutional monarchy 
with King Harald V as the head of state. It is governed by a prime 
minister, cabinet, and a 165-seat Storting (Parliament) that is elected 
every 4 years and cannot be dissolved. Free and fair elections to the 
modified unicameral Storting were held in September 2001. The judiciary 
is independent.
    The national police have primary responsibility for internal 
security. The civilian authorities maintained effective control of the 
security forces. There were no reports that security forces committed 
human rights abuses.
    The country, which is an advanced industrial state with a mixed 
economy combining private and public ownership that provides a high 
standard of living for residents, had a population of approximately 4.5 
million. The key industries were oil and gas, metals, engineering, 
shipbuilding, fishing, and manufacturing. The economy was characterized 
by low unemployment and labor shortages in many sectors.
    The Government generally respected the rights of its citizens, and 
the law and the judiciary provided effective means of addressing 
individual instances of 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.
    Prison conditions generally met international standards, and the 
Government permitted visits by independent human rights observers; 
however, there were no such visits during the year.
    Men and women were held separately. Juveniles were not held 
separately from adults; however, it was extremely rare for juveniles to 
be held in prison, and social welfare authorities generally cared for 
them. Pretrial detainees were held separately from convicted prisoners.

    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; however, in times of crisis, such as internal disorder or 
natural catastrophe, the police may call on the armed forces for 
assistance. In such circumstances, the armed forces are under police 
authority.
    The law requires warrants for arrests, and police arrested a person 
based on a warrant authorized by a prosecutor. Police must file charges 
within 4 hours against detained persons. An arrested suspect must be 
arraigned within 24 hours, at which time the arraigning judge 
determines whether the accused should be held in custody or released 
pending trial. Arrested persons were allowed prompt access to a lawyer 
of their choosing or, if they could not afford one, to an attorney 
appointed by the Government.

    e. Denial of Fair Public Trial.--The Constitution provides for an 
independent judiciary, and the Government generally respected this 
provision in practice.
    The court system consists of the Supreme Court, the Supreme Court 
Appellate Court, superior courts, county courts for criminal cases, 
magistrate courts for civil cases, and claims courts. Special courts 
include the Impeachment Court (composed of parliamentarians), the labor 
court, trusteeship courts, fishery courts, and land ownership severance 
courts.
    The Constitution provides for the right to a fair trial, and an 
independent judiciary generally enforced this right.
    Trials are public and juries are used. Charges are stated clearly 
and formally, and there is a presumption of innocence. All defendants 
have the right to be present, to have counsel (at public expense if 
needed), to confront witnesses, to present evidence, and to appeal.
    There were no reports of political prisoners.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The Constitution prohibit such actions, and the 
Government generally respected these prohibitions in practice.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The Constitution provides for 
freedom of speech 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.

    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 state church is the Evangelical Lutheran Church of Norway, 
which is supported financially by the Government and to which 86 
percent of the population nominally belongs. The Constitution requires 
that the King and at least one-half of the Cabinet belong to this 
church. Public debate on the relationship between church and state 
continued during the year. Other denominations operated freely.
    A religious community is required to register with the Government 
only if it desires state support, which is provided to all registered 
denominations on a proportional basis in accordance with membership.
    The law provides that the subject ``religious knowledge and 
education in ethics'' be taught in public schools. The course covers 
world religions and philosophy and promotes tolerance and respect for 
all religious beliefs; however, the course devotes the most time to 
Christianity. The course is mandatory, and there are no exceptions for 
children of other faiths; students may be exempted from participating 
in or performing specific religious acts such as church services or 
prayer, but they may not forgo instruction in the subject as a whole. 
Organizations for atheists as well as Muslim communities have contested 
the legality of forced religious teaching. The Supreme Court reaffirmed 
the law in 2001. Schools provided a standard form to parents to request 
exemptions for their children from parts of the class, and some 
students reportedly availed themselves of the exemption. The Norwegian 
Humanist Association also lodged a complaint about the law with the 
U.N. Human Rights Commission (UNHRC). In November, the UNHRC ruled 
against the law.
    The Workers' Protection and Working Environment Act permits 
prospective employers to ask applicants for employment in private or 
religious schools and day care centers whether they will respect and 
teach Christian beliefs and principles.
    In 2003, the majority of the approximately 40 reported anti-Semitic 
incidents involved verbal harassment of primary and secondary Jewish 
students by non-Jewish students. A small number of incidents in 2003 
involved threats against Jewish persons. However, during the year, 
anecdotal evidence from Jewish organizations suggests that there was a 
marked decrease in the level of verbal harassment. There were no 
reports of anti-Semitic violence or vandalism.
    The Government is vigilant in fighting anti-Semitism and promoting 
religious tolerance. In April, Prime Minister Bondevik met with two 
Jewish children who had been harassed because of their religion and, at 
the conclusion of the meeting, issued a strong statement condemning 
anti-Semitism and calling on the public to fight anti-Semitism more 
actively.
    In the past, Muslims have encountered some difficulties in 
obtaining local permission to build mosques in areas where they are 
concentrated. Since 1975, the town council in Drammen had regularly 
turned down applications to build a mosque. However, during the year, 
the Muslim community in Drammen received permission to build a mosque. 
No other problems with permission to construct mosques have been 
reported.
    For a more detailed discussion, see the 2004 International 
Religious Freedom Report.

    d. Freedom of Movement, 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 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. 
The Government also provided temporary protection to individuals who 
may not qualify as refugees under the 1951 Convention/1967 Protocol. 
During the year, the Government granted refugee status to approximately 
1,000 claimants for their physical protection and to an additional 620 
persons for humanitarian reasons.
    The Government required asylum seekers to make their claims in 
``safe countries'' through which they traveled. During the year, the 
Government implemented a ``fast track'' system for processing asylum 
claims from nationals of ``safe countries'' within 48 hours of 
application. Persons were not excluded from consideration for asylum 
because they were from a ``safe country.''
Section 3. Respect for Political Rights: Citizens' Right to Change 
        Their Government
    The Constitution provides citizens with the right to change their 
government peacefully, and citizens exercised this right in practice 
through periodic, free, and fair elections held on the basis of 
universal suffrage. Elections to the Storting were held in September 
2001.
    The law provided for public access to government information, and 
the Government provided it in practice.
    There were no restrictions in law or practice on women's 
participation in government and politics. There were 57 women in the 
165-seat Storting; women headed 8 of the 19 government ministries.
    There was only 1 minority member of the 165-seat Storting and none 
in the 19-member Cabinet.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    A number of domestic and international human rights groups 
generally operated without government restriction, investigating and 
publishing their findings on human rights cases. Government officials 
were very cooperative and responsive to their views.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The Constitution prohibits discrimination based on race, sex, 
disability, language, or social status, and the Government generally 
enforced this prohibition in practice.

    Women.--Societal violence against women was a problem. In 2003, 
there were 87 rape convictions. The police believed that increases in 
reported rapes and domestic abuse were due largely to greater 
willingness among women to report these crimes. The police investigated 
and prosecuted such crimes and also have instituted special programs to 
prevent rape and domestic violence and to counsel victims. Public and 
private organizations ran several shelters. Each of the country's 19 
counties had a number of such shelters. In 2003, the country's shelters 
registered 48,619 overnight stays by 2,498 women.
    Prostitution is legal, but organized prostitution or ``pimping'' is 
illegal. Foreign women comprised at least 50 percent of the country's 
prostitutes.
    The Gender Equality Ombudsman--charged with enforcing the Gender 
Equality Act--processed complaints of sexual discrimination. In 2003, 
there were 476 complaints and 476 telephone inquiries to the ombudsman; 
women filed approximately 50 percent of the complaints, men filed 30 
percent, organizations filed 15 percent, and the ombudsman's office 
directly filed 5 percent. The ombudsman was generally effective in 
processing and investigating complaints.
    An amendment to the Working Environment Act provides that 
``employees shall not be subjected to harassment or other unseemly 
behavior.'' Employers that violate these provisions, including the 
harassment clause, are subject to fines or prison sentences of up to 2 
years, depending on the seriousness of the offense.
    The law protects the rights of women and provides that women and 
men engaged in the same activity shall have equal wages for work of 
equal value. According to the Gender Equality Ombudsman's office, which 
monitors enforcement of the law, women generally received 10 to 15 
percent less pay and benefits than men for equal work.
    In 2003, the Storting passed a resolution that mandates that 40 
percent of publicly listed companies' directorships be held by women by 
2005. Starting in 2007, the Government will penalize non-complying 
companies by removing them from the Oslo Stock Exchange.

    Children.--The Government is strongly committed to children's 
rights and welfare; it amply funded systems of education and medical 
care. The Government provides free education for children through the 
postsecondary level. Education is compulsory for 10 years, or through 
the ninth grade; most children stay in school at least until the age of 
18. An independent Children's Ombudsman Office, within the Ministry of 
Children and Families, is responsible for the protection of children 
under the law.
    During the year, authorities reported 1,948 child visits to abuse 
shelters.

    Trafficking in Persons.--The country was a destination for an 
unspecified but believed to be small number of women trafficked for the 
purpose of prostitution, particularly from Russia, Eastern Europe, and 
the Baltic states.
    The maximum sentence for trafficking in persons is 10 years' 
imprisonment. Traffickers can also be charged with violating pimping, 
immigration, and other laws. During the year, there were no 
prosecutions for such offenses; however, the Government charged a 
number of persons in connection with two major trafficking 
investigations that were ongoing at year's end. In one of these two 
investigations, authorities collaborated with their German 
counterparts, who arrested two persons in May. The Government has 
requested their extradition. The case was in the pretrial phase at 
year's end.
    In 2003, the Government allocated $15 million (NOK 100 million) 
over a 3-year period to prevention, prosecution, and protection 
programs under its National Action Plan Against Trafficking. The 
Ministry of Justice and Police is responsible for coordinating 
implementation of the action plan.
    Foreign victims of trafficking have the same legal rights as other 
foreigners to apply for residency, asylum, welfare, social aid, and 
emergency health care. The Government, in cooperation with public 
services, a crisis center, and nongovernmental organizations (NGOs), is 
responsible for assisting possible victims of trafficking. In 2003, the 
Government implemented a ``reflection period,'' during which expulsion 
decisions concerning victims of trafficking may be suspended for 45 
days to provide time for practical assistance and counseling to the 
individuals concerned.
    Government officials provided for public awareness of trafficking 
by raising the issue in a number of speeches and other forums. NGOs 
conducted outreach programs to provide trafficking victims with 
information on their legal rights and available health and other 
services.

    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 public buildings for persons with disabilities, and the 
Government generally enforced these provisions in practice.

    Indigenous People.--The Government has taken steps to protect the 
rights of the indigenous Sami by providing Sami language instruction at 
schools in their areas, radio and television programs broadcast or 
subtitled in Sami, and subsidies for newspapers and books oriented 
toward the Sami. A deputy minister in the Ministry of Local Government 
and Regional Affairs deals specifically with Sami issues.
    In addition to participating freely in the national political 
process, the Sami elect their own constituent assembly, the Sameting. 
Under the law establishing the 39-seat body, the Sameting is a 
consultative group, which meets regularly to deal with ``all matters, 
which in [its] opinion are of special importance to the Sami people.'' 
In practice, the Sameting has been most interested in protecting the 
group's language and culture and in influencing decisions on resources 
and lands where Sami are a majority. A report on the activity of the 
Sameting is submitted to the Storting annually, and every 4 years a 
report on the main principles of Sami policy is presented to the 
Storting.
Section 6. Worker Rights
    a. The Right of Association.--The law allows workers to form and 
join unions of their choice without previous authorization or excessive 
requirements, and workers exercised these rights in practice. 
Approximately 60 percent of the workforce was unionized.

    b. The Right to Organize and Bargain Collectively.--All workers, 
including government employees and military personnel, have and 
exercised the right to organize and bargain collectively. The law 
provides for the right to strike, and workers exercised this right in 
practice; however, the Government has the right, with the approval of 
the Storting, to invoke compulsory arbitration under certain 
circumstances. During the year, the Government invoked compulsory 
arbitration twice, once in response to a North Sea oilrig workers 
strike and once in response to a transportation strike.
    There are no export processing zones.

    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.--
Children 13 to 18 years of age may be employed part-time in light work 
that will not affect adversely their health, development, or schooling. 
Minimum age rules were observed in practice and enforced by the 
Directorate of Labor Inspections (DLI).

    e. Acceptable Conditions of Work.--There is no legislated or 
specified minimum wage, but wages normally fall within a national scale 
negotiated by labor, employers, and the Government at the local and 
company level. During the year, wages increased by approximately 4 
percent. The average daily wage provided a decent standard of living 
for a worker and family.
    The law limits the normal workweek to 37 hours and provides for 25 
working days of paid leave per year (31 days for those over age 60). 
The law mandates a 28-hour rest period on weekends and holidays.
    The law provides for safe and physically acceptable working 
conditions for all employed persons. Specific standards are set by the 
DLI in consultation with nongovernmental experts. Under the law, 
environment committees composed of management, workers, and health 
personnel must be established in all enterprises with 50 or more 
workers, and safety delegates must be elected in all organizations. 
Workers have the right to remove themselves from situations that 
endanger their health. The DLI effectively monitored compliance with 
labor legislation and standards.

                               __________

                                 POLAND

    Poland is a multiparty democracy with a bicameral parliament. 
Executive power is shared by the Prime Minister, the Council of 
Ministers, and, to a lesser extent, the President. Alexander 
Kwasniewski was reelected President in a 2000 election. The social 
democratic Democratic Left Alliance (SLD) continued in a minority 
coalition government with the Union of Labor. The judiciary is 
independent; however, it was inefficient.
    Local police, a national office of investigation, and city guards 
(uniformed, unarmed officers) maintain internal security. The Minister 
of Interior oversees the internal security forces. The civilian 
Minister of Defense has command and control authority over the military 
chief of the general staff as well as oversight of military 
intelligence. Civilian authorities maintained effective control of the 
security forces. There were no reports that security forces committed 
human rights abuses.
    The country continued its transition from a centrally planned to a 
market economy and had a population of approximately 39 million. The 
primary sectors of the economy were services, industry and 
manufacturing, and construction. The gross domestic product growth rate 
was estimated at 5.7 percent. Wages kept pace with inflation.
    The Government generally respected the human rights of its 
citizens; however, there were problems in some areas. Prison conditions 
remained generally poor. Lengthy pretrial detention occurred 
occasionally. The court system was hampered by a cumbersome legal 
process, poor administration, and an inadequate budget, and court 
decisions frequently were not implemented. The Government maintained 
some restrictions in law and in practice on freedom of speech and of 
the press. Women continued to experience serious discrimination in the 
labor market and were subject to various legal inequities. Child 
prostitution was a problem. There were reports of some societal 
discrimination and violence against ethnic minorities. Some employers 
violated worker rights, particularly in the growing private sector, and 
antiunion discrimination persisted. Trafficking in women and children 
was a problem.
                        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 May, police shot two persons in riots that followed a 
soccer game in Lodz, killing a 19-year-old man and injuring a 23-year-
old woman. The police claimed they accidentally used live ammunition 
instead of rubber bullets to quell the disturbance. Several area police 
officials resigned as a result of the incident.
    In May, the retrial of former Interior Minister Czeslaw Kiszczak 
for his role in the 1981 killings at the Wujek mine concluded. He was 
found guilty and sentenced to a 4-year prison sentence, which was later 
reduced to a 2-year suspended sentence.

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

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The law prohibits such practices, and there were no 
reports that government officials employed them.
    Prison conditions remained generally poor. Overcrowding and 
insufficiency of medical treatment were the chief problems in a prison 
system that urgently needed additional funding.
    In May, prison inmates in Wroclaw and Poznan staged a 3-day hunger 
strike to protest crowded cells and demand better food and medical 
care. The protest ended peacefully, but with no resolution of the 
grievances.
    The Ombudsman for Human Rights continued to complain about the 
safety of prisoners, noting that inmates were often the victims of 
violent attacks by other prisoners and wardens. The ratio of prisoners 
to rehabilitation officers was very poor.
    Women, who constituted 2 percent of the prison population, were 
held in 21 detention facilities, 5 of which were only for women. In the 
remaining 16 facilities, inmates were segregated by gender. Convicted 
minors (defined as 15- to 17-year-olds) were segregated from the adult 
prison population. Juveniles (17- to 21-year-olds) accused of serious 
crimes were usually sent to pretrial detention.
    Juveniles were generally separated from adults; however, in 
accordance with the law, at times juveniles and adults were housed 
together. According to the Prison Service Central Administration, there 
were no reported cases of an adult abusing a juvenile in mixed adult-
juvenile detention.
    The Government permitted prison visits by independent human rights 
organizations. During the year, the Human Rights Ombudsman monitored 21 
detention facilities, and the Helsinki Foundation visited 7 detention 
centers; some of these visits were unannounced.

    d. Arbitrary Arrest or Detention.--The Constitution prohibits 
arbitrary arrest and detention, and the Government generally observed 
these prohibitions.
    The police force, consisting of 100,000 employees, is a national 
body with regional and municipal units. While the public generally 
regarded the police positively, low-level corruption within the police 
force was considered widespread. Instances of corruption and serious 
criminal misconduct were investigated by the National Police's office 
of internal affairs. The personnel division handled minor disciplinary 
offenses. There was also concern over the extent to which political 
pressure was brought to bear on the police. In October 2003, national 
police commander Antoni Kowalczyk resigned after it was revealed that 
he had changed his testimony during the investigation into the 
``Starachowice affair,'' a corruption scandal in which senior officials 
alerted suspects to an impending raid by the national police's Central 
Bureau of Investigation. In October, the prosecutor's office in Rzeszow 
charged Kowalczyk with failing to report the improper release of 
classified information and with perjury. Two parliamentary officials 
and a former Deputy Interior Minister were charged with obstructing 
justice in this affair. Their trial concluded in late December, and a 
verdict was expected in early 2005.
    The law allows a 48-hour detention period before authorities are 
required to bring a defendant before a court and an additional 24 hours 
for the court to decide whether to issue a pretrial detention order. 
Defendants and detainees may consult with attorneys during their 
detention and before and during court proceedings. Bail was available, 
and most detainees were released on bail pending trial.
    Detainees may be held in pretrial detention for up to 3 months and 
may challenge the legality of an arrest by appeal to the district 
court. The court may extend the pretrial detention period every 6 to 12 
months, but total detention time before the court issues a first 
sentence may not exceed 2 years. Under certain circumstances, however, 
the Supreme Court may extend the 2-year 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 remained inefficient and 
lacked resources and public confidence.
    There is a four-tiered court and prosecutorial structure. The 
courts consist of regional, provincial, and appellate divisions, as 
well as a Supreme Court. These tiers are subdivided further into five 
parts: Military, civil, criminal, labor, and family. Regional courts 
try original cases, while appellate courts are charged solely with 
appeals. Provincial courts have a dual responsibility, handling appeals 
from regional courts while enjoying original jurisdiction for the most 
serious offenses. Appellate courts handle appeals tried at the 
provincial level; the Supreme Court only handles appeals on questions 
of law. The prosecutorial system mirrors the court structure with 
national, provincial, appellate, and regional offices. Criminal cases 
are tried in regional and provincial courts by a panel consisting of a 
professional judge and two lay assessors. The seriousness of the 
offense determines which court has original jurisdiction.
    Judges are nominated by the National Judicial Council and appointed 
by the President. They are appointed for life, guaranteed complete 
immunity from prosecution, and can be reassigned but not dismissed, 
except by a court decision. The Constitutional Tribunal rules on the 
constitutionality of legislation. Constitutional Tribunal decisions are 
final and binding.
    The court system remained cumbersome, poorly administered, 
inadequately staffed, and underfunded. The courts had numerous 
inefficiencies--most notably, many districts had more criminal judges 
than prosecutors--that contributed to a lack of public confidence. 
Court decisions frequently were not implemented. Bailiffs normally 
ensured the execution of civil verdicts such as damage payments and 
evictions; however, they were underpaid, subject to intimidation and 
bribery, and had a mixed record on implementing decisions. Civil and 
administrative rulings against public institutions such as hospitals 
often could not be enforced due to a lack of funds. Simple civil cases 
took as long as 2 to 3 years to resolve, and the pretrial waiting time 
in criminal cases could be several months. The long wait for routine 
court decisions in commercial matters was an incentive for bribery and 
corruption. The Government implemented administrative measures to 
alleviate the backlog of cases within the courts, including the hiring 
of additional court personnel and a new land and property register 
system. In 2003, there were over 2.1 million cases pending. During the 
year, the 2003 backlog of pending cases was reduced to less than 1.9 
million. In addition to reducing the backlog of cases, average case 
length was also reduced by 1 month. The continuing backlog and the high 
cost of legal action deterred many citizens from using the justice 
system, particularly in civil matters such as divorce. Measures passed 
by the Sejm in July to streamline the Civil Procedure Code were 
scheduled to enter into force in February 2005.
    The Constitution provides for the right to a fair trial, and an 
independent judiciary generally enforced this right. Defendants are 
presumed innocent until proven guilty. Once a verdict is rendered, the 
defendant has 7 days to request a written statement of the basis for 
the judgment. The court then has 7 days to produce a written decision. 
A defendant has the right to appeal within 14 days of the written 
decision on the basis of new evidence or procedural irregularities.
    Defendants are allowed to consult an attorney, who is provided at 
public expense if necessary. Defendants must be present during trial 
and may present evidence and confront witnesses in their defense. 
Prosecutors can grant witnesses anonymity if they express fear of 
retribution from the defendant. This provision, designed to help combat 
organized crime, impairs defendants' right to confront their accusers. 
Trials are usually public; however, the courts reserve the right to 
close a trial to the public in some circumstances, including cases of 
divorce, cases in which state secrets may be disclosed, or cases whose 
content might offend public morality (see Section 1.f.). The courts 
rarely invoked this right. A two-level appeal process is available in 
most civil and criminal matters.
    The law allows a defendant and a representative, in addition to the 
prosecutor, to be present for a provincial appellate court's 
examination of a verdict.
    There were no reports of political prisoners.
    The Government has not established a program for restitution or 
compensation for individual private property seized during the 
Communist or Nazi eras, although a system addressing the restitution of 
communal property does exist (see Section 2.c.). The Treasury estimated 
that there were 56,000 claims outstanding for property valued at 
approximately $16.7 billion (50 billion PLN). Despite the lack of a 
national law, some property nationalized illegally has been restored 
and compensation provided, amounting to approximately $183 million (550 
million PLN) for 500 property claims over the past 10 years.
    Legislation which became effective at the beginning of the year, 
extinguished the state's obligation to compensate certain claimants for 
property abandoned as a result of post-World War II border changes. In 
June, the European Court of Human Rights (ECHR) ruled that this 
legislation violated a provision of the European Convention on Human 
Rights dealing with protection of property. The ECHR directed the 
Government to ``secure claimants' property rights through appropriate 
legal measures and administrative practices'' or provide equivalent 
compensation. The Government estimated that the ruling could affect 
approximately 80,000 claimants.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The Constitution prohibits such actions; however, the 
Government did not always respect these prohibitions in practice. The 
Constitution provides for the general right to privacy; however, there 
is no legislation that provides for this right.
    The law prohibits arbitrary forced entry into homes and requires 
search warrants issued by a prosecutor for entry into private 
residences. In emergency cases, when a prosecutor is not immediately 
available, police may enter a residence with the approval of the local 
police commander. In the most urgent cases, police may enter a private 
residence after showing their official identification if there is no 
time to consult the police commander. There were no reports that police 
abused search warrant procedures.
    The law prohibits the collection of information about a person's 
ethnic origin, religious convictions, health, political views, or 
membership in religious, political, or trade union organizations. 
However, the law allows the release of personal data to carry out the 
statutory objectives of churches and other religious unions, 
associations, foundations, and other non-profit-seeking organizations 
or institutions with a political, scientific, religious, philosophical, 
or trade-union aim. Other exceptions include provision of information 
necessary for medical treatment, the establishment of legal claims, and 
scientific research, so long as the results are not published. All 
exceptions are subject to some restrictions. In practice, some private 
organizations have persisted in asking for information such as 
nationality in questionnaires; although violators are subject to 
prosecution, there were no known cases during the year.
    The law permits police and intelligence services to monitor private 
correspondence and to use wiretaps and electronic monitoring devices in 
cases involving serious crimes, narcotics, money laundering, or illegal 
firearm sales. The Criminal Code requires the Minister of Justice and 
the Minister of Interior to authorize these investigative methods. In 
emergency cases, the police may initiate wiretaps or open private 
correspondence while simultaneously seeking authorization. Unlike in 
previous years, there were no reported cases of wiretapping without 
judicial review or oversight.
    There was no independent judicial review of surveillance 
activities, nor was there any control over the use of the information 
thus derived. A number of agencies had access to wiretap information, 
and the Police Code allows electronic surveillance for the prevention 
of crime and investigations.
    Under the law on ``lustration,'' designed to expose officials who 
collaborated with the Communist-era secret police, persons caught lying 
about their past may be prohibited from holding public office for 10 
years. The law requires officials to provide sworn affidavits 
concerning their cooperation with the secret police; the public 
interest spokesman (lustration prosecutor) verifies the affidavits and 
brings cases of misrepresentation before the lustration court, a 
special 3-judge panel whose decisions may be appealed.
    Many cases were closed to the public because they involved 
classified documents (see Section 1.e.). Critics continued to voice 
concern that the vetting procedure may be unfair because secret police 
records were subject to loss or tampering.
    Both men and women are permitted to marry at the age of 18. In 
certain cases, a court may allow women to marry at age 16 if it is 
determined to be in the family's best interest.
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 and did not restrict academic freedom; however, 
there were a few restrictions in law and practice. The Criminal Code 
states that an individual who ``publicly insults or humiliates a 
constitutional institution'' of the country is subject to a fine or 
imprisonment of up to 2 years, while an individual who insults a public 
functionary is subject to a fine or imprisonment of up to 1 year. 
Offending religious sentiment through public speech is punishable by a 
fine or a 3-year prison term. Individual citizens and businesses may 
also use the Criminal Code to protect their good name. The independent 
media were active and expressed a wide variety of views without 
restriction.
    The National Radio and Television Broadcasting Council (KRRiTV) has 
broad power to monitor and regulate programming on radio and 
television, allocate broadcasting frequencies and licenses, and 
apportion subscription revenues to public media. Council members are 
legally required to suspend their membership in political parties or 
public associations.
    Private television, including satellite and cable services, was 
available across most of the country. Private television broadcasters 
operated on frequencies selected by the Ministry of Communications and 
auctioned by the KRRiTV. Government-owned Polish Television (TVP) (4 
channels) was the most widely viewed television, with a 54 percent 
market share, but had strong competition from the private TVN and 
Polsat networks. Cable television and various satellite services 
carried the main national channels, as well as local, regional, and 
foreign stations, to viewers throughout the country.
    Public Radio consisted of four national radio stations and an 
additional station aimed at foreign audiences. Although not government-
owned, Public Radio's supervisory board was nominated by the National 
Broadcasting Council, consisting of persons nominated by the Sejm, 
Senate, and the President. Private radio flourished on the local, 
regional, and national levels alongside public radio. To cut costs, 
small regional radio stations set up several networks to facilitate 
advertising and programming.
    Books expressing a wide range of political and social viewpoints 
were widely available, as were periodicals and other publications from 
abroad.
    The law provides for the protection of journalistic sources, except 
in cases involving national security, murder, and terrorist acts. The 
law stipulates that programs should not promote activities that are 
illegal or against state policy, morality, or the common good and 
requires that all broadcasts, ``respect the religious feelings of the 
audiences and, in particular, respect the Christian system of values.'' 
The law also requires public television to provide direct media access 
to the main state institutions, including the presidency, to make 
presentations or explanations of public policy. Both public and private 
radio and television stations provided coverage of all ranges of 
political opinion.
    In May 2003, the Supreme Court ruled in favor of the newspaper 
Zycie's appeal of a 2003 judgment by a Warsaw district court ordering 
it to apologize to President Kwasniewski for publishing untrue 
information. The case was returned to the lower court for further 
review, and, in September, the Warsaw court again ordered Zycie to 
apologize. Zycie initiated a new appeal of the September judgment, 
which was pending at year's end.
    The trial of journalist Jerzy Urban for publication of an article 
in Nie, which criticized the Pope for senility and made other 
derogatory remarks shortly before the 2002 Papal visit to Poland, 
opened in a Warsaw regional court in September.

    b. Freedom of Peaceful Assembly and Association.--The law provides 
for freedom of assembly and association, and the Government generally 
respected these rights in practice.
    Permits are not necessary for public meetings but are required for 
public demonstrations; demonstration organizers must obtain permits 
from local authorities if a demonstration might block a public road. 
Organizers also are required to inform the local police of the time and 
place of large demonstrations and their planned route. Every gathering 
must have a chairperson who is required to open the demonstration, 
preside over it, and close it. Authorities issued permits for public 
gatherings on a routine basis.
    On three occasions, the mayor of Warsaw refused to issue a permit 
for a gay rights parade in June, following disturbances during a 
similar march in Krakow (see Section 5). He justified this denial as 
necessary to avoid violence but also cited its potential to ``offend 
religious and moral feelings.'' The governor of Mazowieckie Province 
overturned the mayor's first two denials, and the mayor's refusal to 
consider the group's third request for a permit was appealed to the 
Provincial Administrative Court, which had not ruled on the legality of 
this action by year's end.
    Private associations were required to register with the local 
district court and obtain government approval to organize. The 
organization must sign a declaration committing it to abide by the law. 
In practice, the procedure was complicated and subject to the 
discretion of the judge in charge. There were no reports that private 
associations were routinely denied registration, or that any 
registration was denied for political reasons.

    c. Freedom of Religion.--The Constitution provides for freedom of 
religion, and the Government generally respected this right in 
practice.
    There are 15 religious groups whose relationships with the State 
are governed by specific legislation outlining their internal 
structure, activities, and procedures for property restitution. There 
are 139 other religious communities. Although the Constitution provides 
for the separation of church and state, crucifixes hang in both the 
upper and lower houses of Parliament, as well as in many government 
offices. State-run radio broadcast Catholic mass on Sundays, and the 
Catholic Church was authorized to relicense radio and television 
stations to operate on frequencies assigned to the Church, the only 
body outside the National Radio and Television Council allowed to do 
so. Approximately 95 percent of the population was Roman Catholic.
    Religious education classes continued to be taught in public 
schools. The Government employed Catholic Church representatives to 
teach religious classes in schools, which constituted the vast majority 
of all religious education. However, parents could request religious 
classes in any registered religion, including Protestant, Orthodox, and 
Jewish religions. Non Catholic religious instruction existed but was 
uncommon. The Ministry of Education paid instructors, including 
priests, for teaching religion classes. In addition, Catholic Church 
representatives were included on a commission that determined which 
books qualified for school use.
    Of approximately 10,000 communal property claims filed for 
restitution of religious property, more than 4,100 have been resolved, 
and more than 1,200 properties have been returned as of November.
    Relations between various religious communities were generally 
amicable. There were reports of sporadic incidents of harassment and 
violence against Jews and occasional desecration of Jewish cemeteries, 
committed by skinheads and other marginal elements of society.
    In April, the leader of the Self-Defense Party expressed admiration 
for Adolf Hitler in an interview, stating that Hitler had a ``really 
good program'' which ``put Germany on its feet'' and eliminated 
unemployment.
    In an April incident in Gdansk, the rector of the St. Brigid Church 
told parishioners that ``Jews killed Jesus and the prophets'' and 
displayed posters asserting that only Christians could be true Poles. 
The incident was reported in national media as one of a number of 
improprieties (including financial) associated with this particular 
cleric.
    In June, police in Krakow discovered the desecration of a 19th 
Century Synagogue. Vandals painted swastikas and a Star of David 
hanging from gallows on the Tempel Synagogue. The desecration occurred 
a few days before the opening of an International Festival of Jewish 
Culture in Krakow's Kazimierz district.
    Proceedings were closed in the 2002 cases of desecration of 
tombstones in Czeladz and in a Jewish cemetery in Wroclaw, with no 
perpetrators having been found.
    The investigation by Katowice authorities into the 2001 anti-
Semitic, anti-European Union (EU) demonstration by approximately 400 
Polish ultranationalists was also closed without identifying a culpable 
party.
    In March, acting under the Religious Communal Property Restitution 
law, the town of Slubice transferred ownership to the Jewish community 
of the final portion of the Slubice Jewish Cemetery, which was 
partially destroyed during the Second World War and was later the site 
of a communist-built bus station and hotel. Most of the cemetery was 
transferred to the Jewish community in 2002.
    The Government provided grants to a number of organizations 
involved in anti-bias education, including the public-private Jewish 
Historical Institute (ZIH) in Warsaw. ZIH is the largest depository of 
Jewish-related archival documents, books, journals, and museum objects 
in the country. The Government also provided grants to the Jewish 
Historical Association, which produces educational materials on Jewish 
culture, the Holocaust and religious tolerance, and to other non-
governmental organizations.
    The Institute of National Remembrance--Commission for the 
Prosecution of Crimes against the Polish Nation (IPN) was created by 
Act of the Sejm in December 1998. IPN is under the direction of a 
president, who acts independently of Government control, and is elected 
for a 5-year term. One of the three principal departments of IPN is the 
Public Education Office, which produces materials for schools, teachers 
and students. The office also holds competitions and sponsors 
exhibitions on historical themes, as well as supporting workshops, 
seminars and other activities. Educational materials included a major 
research and documentation project on ``The Extermination of Jews in 
Poland'' during the Second World War. This project included a critical 
review of Polish attitudes towards the Jewish population during the 
war, and instances of collaboration with the Nazis, as well as 
activities undertaken by underground organizations and individuals to 
rescue Jews.
    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 employ 
it.
    The law provides for the granting of refugee and asylee status to 
persons 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 fear persecution, and granted asylum and refugee 
status. Persons recognized as refugees under the Convention are granted 
permission to remain in the country permanently. The Government 
cooperated with the U.N. High Commissioner for Refugees and other 
humanitarian organizations in assisting refugees and asylum seekers.
    The law provides all prospective refugees access to a procedure for 
adjudicating refugee status. Prospective refugees may appeal negative 
status decisions by the Ministry of Internal Affairs to an independent 
board. The Bureau of Repatriation and Aliens (BRA) controlled the 
various refugee centers and agencies and had some political control 
over the border guards.
    The BRA has 6 months in which to render a decision on an 
application for refugee status. An alien may appeal the denial of a 
petition to the BRA's refugee board within 2 weeks of delivery of the 
initial decision. If the board finds a claim to be ``manifestly 
unfounded,'' the alien may file an appeal within three days of the 
initial finding. The BRA refugee board's decisions may be appealed in 
administrative courts. While the law calls for a decision granting or 
denying asylum to be rendered within 6 months from the date of the 
initiation of the procedure, the average application processing time 
was 8 months, with some cases taking as long as 18 months. The length 
of processing time left applicants living in legal limbo, unable to 
work legally, while awaiting decisions on their cases. The BRA reported 
that 8,078 persons applied for refugee status during the year. 
Approximately 3.5 percent of applicants were granted refugee status.
    There were no reports of harassment of refugee camp inhabitants by 
local residents or mistreatment of refugees by police.
    There continued to be reports during the year that large numbers of 
refugees or asylum applicants left the country or abandoned the 
procedure. For example, approximately three-quarters of Chechen 
refugees left the country before their status was adjudicated. There 
was no accurate way of determining how many refugees had abandoned the 
process and either left the country or remained in the country 
illegally. Although the Border Guards maintained a computer system to 
track the status of asylum applicants, many asylum-seekers did not 
provide the Border Guards with updated contact information when they 
moved.
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 18 years of age and older have the right 
to vote and cast secret ballots, and voting is voluntary. Multiple 
candidates from various political parties participated in the elections 
and had access to the media. In May, the country was admitted to the EU 
and participated in June elections for the European Parliament. Average 
voter turnout was 22 percent. The most recent national elections took 
place in 2001. Average voter turnout for these parliamentary elections 
was 46.3 percent. The elections were regarded as free and fair. Only 
minor irregularities (for example, registering of hospital patients, 
ballot boxes too small to hold the number of ballots cast) were 
reported.
    There was widespread public perception of corruption in government. 
Citizens considered political parties, parliament, the health care 
system, and the judiciary to be the most corrupt public institutions, 
according to a Gallup Institute poll commissioned by Transparency 
International.
    Corruption in government continued to be a primary focus of Polish 
media, with the ``Rywingate'' and ``Orlengate'' scandals predominating. 
Both were the focus of parliamentary investigations, as well as 
criminal investigations by federal prosecutors' offices. Rywingate 
centered on accusations that noted film producer Lew Rywin, acting as 
an agent for then-Premier Leszek Miller's SLD, sought a $17.5 million 
bribe in July 2002 from the publisher of a major Polish daily 
newspaper. The purpose of the bribe was reportedly to secure changes to 
a media bill that would have benefited the publisher. In April, Rywin 
was sentenced to 2 years in prison for his role in the scheme. The 
sentence was reduced to 2 years in December, when the court determined 
that Rywin was acting as an agent, and not alone.
    The Orlengate scandal surfaced in October, when notes obtained from 
the Government's security service indicated that the country's richest 
businessman had a meeting with a former Russian spy, in which he 
suggested he had official approval to negotiate the sale of state-owned 
Rafineria Gdanska, the country's second-largest oil refinery. The 
alleged conversation would have been illegal, since Poland's corruption 
law bars any state officials, with the exception of Treasury Ministry 
officials, from negotiating business transactions, including asset 
sales, on the government's behalf. Parliamentary and criminal 
investigations were ongoing at year's end.
    Public access to government information is provided for in the 
Constitution and in the Law on Access to Public Information; and in 
practice, the Government provided such access for citizens and non-
citizens, including foreign media. Refusals of requests for information 
must be based on exceptions provided in the law related to government 
secrets, personal privacy restrictions and propriety business data. 
Refusals may be appealed.
    There were 99 women in the 460-seat Sejm and 21 women in the 100-
seat Senate. There was one woman in the 17-member Cabinet.
    There were 2 members of minorities in the 460-seat Sejm and no 
minorities in the 100-seat Senate. There were no minorities in the 17-
member Cabinet.
    The electoral law exempts ethnic minority parties from the 
requirement that they win 5 percent of the vote nationwide to qualify 
for seats in individual districts.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    A number of domestic and international human rights groups 
generally operated without government restriction, investigating and 
publishing their findings on human rights cases. Government officials 
often were cooperative and responsive to their views.
    As provided in the Constitution, the Human Rights Ombudsman 
presents an annual report to the Sejm and Senate on his or her 
activities and the state of human and civic freedom and rights in the 
country. The most recent report, presented in July, noted that 55,000 
cases were filed with the office in 2003, an increase of more than 
3,000 from the prior year. The report also recommended a number of 
changes in government and civic institutions. These included the need 
for legislative reform; increased transparency in government; more 
evenhanded and consistent administration of public programs; reduction 
of delays in the judicial system; and the need for increased resources 
for social and educational programs.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The Constitution prohibits discrimination ``in political, social, 
or economic life for any reason whatsoever''; however, violence and 
societal discrimination against women and ethnic minorities persisted.

    Women.--Violence against women continued to be a problem. Police 
statistics indicated that approximately 80,185 women were victims of 
domestic violence during 2003. Women's organizations asserted that the 
number of women suffering from domestic abuse was probably much higher 
because battered women usually refused to admit abuse even to 
themselves. Violence against women remained hidden, particularly in 
small towns and villages. Physical abuse is illegal and spousal rape is 
treated in the same manner as other types of rape.
    Police intervened in cases of domestic violence. The police, in 
cooperation with the State Agency for Solving Alcoholic Problems, used 
the ``blue card,'' a record-keeping system designed to document 
incidents of spousal abuse. However, the program had limited effect due 
to inadequate funding. Sentences for abuse of family members range from 
3 months to 5 years, or from 2 to 10 years if the victim attempts 
suicide as a result of the abuse. Most convictions resulted in 
suspended sentences. There were 85,212 cases of family abuse reported 
in 2003. According to nongovernmental organizations (NGOs), courts 
often treated domestic violence as a minor crime, pronouncing lenient 
verdicts or dismissing cases.
    In 2003, 2,332 rape cases were reported. However, women often were 
unwilling to report the crime and NGOs estimated that the actual number 
was 10 times higher than reported.
    NGOs operated a number of centers to assist victims, provide 
preventive treatment and counseling to perpetrators, and train 
personnel working with domestic violence victims. The Office of the 
Victims' Rights Spokesman at the Ministry of Internal Affairs and 
Administration was responsible for ensuring that violence victims were 
treated with respect by law enforcement and the judicial system. The 
Office provided legal and psychological assistance for victims and 
their families.
    The law does not provide for restraining orders to protect battered 
women against further abuse. In divorce cases, courts frequently 
granted a divorce without providing for a property settlement, forcing 
women to return to abusive husbands. This problem was exacerbated by a 
lack of alternative housing. Women's advocacy groups complained there 
were too small a number of state-supported shelters for battered women.
    Prostitution is legal; however, pimping for sexual activity is 
illegal. Due to a crackdown on prostitutes who worked along major 
thoroughfares and at truck stops, much of the prostitution industry 
moved to brothels, massage parlors, or agencies offering escort 
services. Police estimated that there were 7,000 prostitutes in the 
country. Of these, approximately 600 prostitutes worked on major 
thoroughfares and at truck stops.
    Trafficking in women for the purposes of forced prostitution was a 
problem (see Section 5, Trafficking).
    While there are no laws specifically addressing sexual harassment, 
social awareness of the problem continued to increase, and there are 
mechanisms available to deal with the problem. For example, the 
Criminal Code states that whoever takes advantage of a position of 
power in a relationship to gain sexual gratification may be sentenced 
to up to 3 years in prison. According to a Supreme Court advisory 
opinion, such a relationship can occur between employers and employees, 
supervisors and subordinates, or teachers and students; however, this 
provision can be invoked only when alleged sexual harassment occurs 
between a supervisor and an individual in a subordinate position.
    The Constitution provides for equal rights regardless of gender and 
grants women equal rights with men in all areas of family, political, 
social, and economic life, including equal compensation for work of 
similar value. However, in practice, women frequently were paid less 
for equivalent work, mainly held lower-level positions, were fired more 
readily, and were less likely to be promoted than men. The government 
statistical bulletin indicated that at the end of the second quarter of 
the year men had a higher economic activity coefficient (62.1 percent) 
than women (47.4 percent) and that women seeking work were more likely 
to be unemployed. In October, 53.2 percent of all those unemployed were 
women, despite comprising a substantially smaller share of the 
population actively seeking work. Despite having a generally higher 
level of education, women earned on average 30 percent less than men. 
The labor code prohibits discrimination in hiring, and the employer has 
the burden of proof to show that discrimination did not occur. Women 
are prohibited from working underground (that is, in mining) or in jobs 
that require lifting of weights above a specified maximum. The 
prohibitions are binding on employers and do not permit exceptions even 
if requested by a female employee or with her consent. Additional 
restrictions apply to pregnant women. The Government maintained that 
its ratification of certain International Labor Organization 
conventions required these restrictions. Apart from the Constitution 
and the Labor Code (which prohibits any direct or indirect 
discrimination in employment against gender, age, disability, race, 
sexual orientation, nationality, ethnic origins, political and 
religious beliefs, and trade union membership status), no laws provide 
equal rights for women.
    Women were employed in a wide variety of professions and 
occupations, and many held high positions in government and the private 
sector. In agriculture, women comprised 20 percent of all principal 
managers of farms. The pension law permits earlier retirement for women 
(age 60) than for men (age 65), with the practical effect that women 
received approximately 60 percent of the average pension received by 
men.
    The Ombudsman for Human Rights monitored women's rights within the 
broader context of human rights; however, the broad scope of the 
office's mandate diluted its ability to function as an effective 
advocate of women's issues. The Government Plenipotentiary for Equal 
Status for Women and Men is charged with incorporating the principal of 
gender equality into governmental policy, including monitoring 
implementation of government programs aimed at achieving equal status.
    There are several women's rights NGOs, including the Polish 
Foundation for Women and Family Planning and the Women's Rights Center, 
that were active advocates of gender equality and advanced their goals 
through research, monitoring, and publishing. There were also several 
church-sponsored women's advocacy organizations, but their cooperation 
with other women's NGOs was limited.

    Children.--The Constitution extends some state protection to the 
family and children, and there is a Sejm-appointed Ombudsman for 
Children's Rights. The Ombudsman--mandated to protect children from 
violence, cruelty, neglect, and other mistreatment--is the official 
point of contact for complaints about violations of human rights of 
children and submits requests to the appropriate law enforcement or 
other authorities for action. The Ombudsman submits an annual report to 
the Sejm on children's rights and may suggest legislation to improve 
the human rights of children.
    Education is universal and mandatory until age 18, and public 
schools are free. The Government sponsored some health programs 
targeted specifically at children, including a vaccination program and 
periodic checkups conducted in the schools; however, budget shortfalls 
prevented complete implementation of these programs.
    Although child abuse occurred, there was no societal pattern of 
abuse. The law prohibits violence against children, and anyone who 
physically or psychologically abuses a juvenile may receive a prison 
sentence of 3 months to 5 years. The sentence is increased if the 
victim attempts suicide or the perpetrator acted with extreme cruelty. 
However, abuse was rarely reported, and convictions also were rare. 
Schools did not have procedures to protect children from abuse by 
teachers, and the teachers' work code provides legal immunity from 
prosecution for corporal punishment in the classroom.
    Trafficking in children, primarily for the purpose of sexual 
exploitation, was a problem (see Section 5, Trafficking).

    Trafficking in Persons.--The law prohibits trafficking in persons; 
however, the country was a source, transit point, and destination for 
trafficked persons, primarily women and girls but also, to a lesser 
extent, boys.
    Several Criminal Code provisions specifically address trafficking. 
The law prohibits trafficking in persons and pimping and imposes 
sentences of up to 10 years' imprisonment. It also prohibits recruiting 
or luring persons into prostitution; penalties for this offense are 
also up to 10 years. The most severe sentences are for individuals 
trafficking in children and luring women into prostitution abroad.
    During the first 10 months of the year, there were 44 trafficking 
cases filed in the courts, compared with 16 in all of 2003.
    Legal authorities dealt with child traffickers more severely than 
traffickers in adults, in part because laws on statutory rape were 
easier to prosecute. Authorities did not always recognize trafficked 
children because traffickers used false documents identifying them as 
adults. While prostituting a child is a crime, prostitution by adults 
is neither prohibited nor regulated by law, making it more difficult 
for police to pursue trafficking of adults.
    The Ministry of Interior and Ministry of Justice have primary 
responsibility for anti-trafficking efforts, with the Ministry of 
Foreign Affairs engaged on bilateral and multilateral levels. There 
were 11 agencies involved in anti-trafficking efforts. The 
Plenipotentiary for Equal Rights for Men and Women, who works out of 
the Prime Minister's office, was also involved in anti-trafficking 
programs.
    The National Police participated in several bilateral task forces 
that shared information, tracked the movement of traffickers and 
victims across borders, and coordinated repatriations and casework. 
Although some of these task forces were dissolved in June, special 
teams in all 16 provinces continued to work on trafficking. In six 
provinces, there were special teams or individual workers at the county 
level monitoring trafficking. The National Police coordinated these 
efforts. There was close cooperation with Ukraine and Belarus.
    Individuals were trafficked to and through the country, primarily 
from Ukraine, Bulgaria, Romania, Belarus, and Moldova. Individuals, 
including citizens, were trafficked to Western Europe, including 
Germany, Italy, Belgium, and the Netherlands. Some internal trafficking 
occurred. The extent of the problem was unclear, because statistics on 
prostitution did not distinguish trafficking victims from those 
willfully engaged in prostitution and other aspects of the sex trade. 
Of the estimated 7,000 prostitutes in the country, approximately 30 
percent were estimated to be of foreign origin. The international NGO 
La Strada previously estimated that 60 percent of foreign women working 
as prostitutes in the country were trafficking victims. In addition, La 
Strada reports that up to 10,000 Polish women were trafficked out of 
the country annually. NGOs believed that the trafficking problem was 
likely much larger than reflected in the number of arrests and 
prosecutions.
    Ukraine is the largest single source of foreign women trafficked 
into the country. Women from Bulgaria tended to be from the Turkish and 
Romani minorities. Women and girls who were trafficked were recruited 
from areas with low socioeconomic conditions, sometimes quite openly. 
Those from the lowest socioeconomic levels were most vulnerable to 
trafficking and subjected to the worst conditions. For example, Roma 
and ethnically Turkish Bulgarians tended to be forced into prostitution 
on highways, spending a few months in the country before being 
trafficked further west. In contrast, women from other East European 
countries were generally trafficked into agencies run as brothels. 
Educated Polish and Russian women were more likely than others to be 
employed voluntarily by escort services.
    Traffickers attracted victims through methods including fake 
employment offers, arranged marriages, fraud, and coercive measures. 
Some victims believed that they were accepting employment as 
waitresses, maids, or nannies abroad. While en route to their purported 
destinations, traffickers took their passports and identity papers and 
exerted control over them through fear and intimidation. Traffickers 
threatened victims with violence, and those who resisted or tried to 
flee were raped, beaten, or intentionally injured.
    In recent years, trafficking has become increasingly organized and 
has been associated with a rampant growth in document fraud. As many as 
90 percent of those trafficked in the country had false travel 
documents, and the trafficking of a person usually involved a network 
of criminals. One criminal would recruit the victim; a second would 
provide false travel documents and traffic her across the border; and a 
third would supervise her work with clients, functioning as a pimp.
    La Strada and police reported large-scale auctions of women in 
Warsaw and other cities. Prices for trafficked women and girls 
reportedly started at approximately $2,000 (6,000 PLN). Victims usually 
were trafficked by nationals from the same source country. Foreign 
traffickers systematically paid a percentage of their receipts to local 
traffickers operating out of the same region of the country.
    Trafficking victims often were afraid to turn to officials for help 
because border guards and police could potentially deport victims, if 
they were not identified as such, on immigration law violations. While 
the Government generally lacked resources to support victims 
financially, it cooperated extensively with NGOs, which provided a wide 
range of support services. The Government provided a public building to 
an NGO to use as a shelter for trafficking victims and gave another 
organization a grant to build a similar shelter. In January, La Strada 
opened a new shelter with funding from foreign governments to provide a 
safe place for up to 10 women and medical, psychological and legal 
assistance. Nonetheless, the number of shelters remained inadequate, 
and NGOs frequently resorted to ad hoc arrangements to shelter victims.
    Numerous NGOs were involved in anti-trafficking initiatives and 
victim services. NGOs and educational institutions often worked closely 
with local authorities to identify trafficking victims and develop 
training programs for local authorities. These organizations provided a 
range of services, including victims' assistance hotlines, safe 
accommodation, therapy and psychological support, and contacts who 
could help victims with legal problems and reintegration into society.
    Trafficking victims were not always identified as such and 
therefore were not always informed of their legal status or rights. In 
many cases, unrecognized victims were deported as soon as possible, 
preventing the Government from providing assistance, despite legal 
provisions allowing foreign victims with illegal status to remain in 
the country during the investigation and trial of their traffickers. 
Deported victims were sometimes met at the border by their traffickers, 
who provided them with new travel documents and returned them to the 
country. For example, police detained a Bulgarian woman on several 
occasions, each time with a new identity and passport. There was no 
specific assistance set aside for victims repatriated to Poland, 
although they were eligible for unemployment and welfare benefits. 
Poland cooperated fully with other countries in anti-trafficking 
efforts and the repatriation of victims.
    La Strada conducted training courses at 6 police academies and 
border guard academies from June 2003 through February. The courses 
were designed to improve knowledge of the issue of trafficking in 
persons among students of both academies.

    Persons With Disabilities.--There was no official discrimination 
against persons with disabilities in employment, education, or in the 
provision of other state services; however, there were reports of some 
societal discrimination against persons with disabilities. There were 
approximately 5.5 million persons with disabilities in the country at 
year's end. In 2002, approximately 20 percent of persons with 
disabilities, but able to work, were unemployed, slightly higher than 
the national unemployment rate. No updates of that figure are 
available, and advocacy groups claimed that the rate was much higher. 
The law allows individuals with certain disabilities to work without 
losing their disability benefits. Approximately 50 percent of persons 
with disabilities had no more than an elementary education, compared 
with 33 percent of those without disabilities, and only 5 percent had a 
university education, compared with 11 percent of persons without 
disabilities.
    The law mandates access to buildings for persons with disabilities; 
however, public buildings and transportation generally were not 
accessible to persons with disabilities. Implementation fell short of 
rights set forth in the legislation, since the law provides only that 
buildings ``should be accessible.'' There is no legal obligation to 
adapt existing objects or facilities to the needs of persons with 
disabilities and efforts to make improvements in this area have been 
hampered by lack of funding.
    The first deputy minister in the Ministry of Social Policy is 
responsible for disability-related issues. He supervises the State Fund 
for Rehabilitation of the Disabled, and is advised by the National 
Consultation Council for the Disabled. During the year, a number of 
laws were passed to support increased employment opportunity and 
training for disabled persons. New laws aimed to more clearly defining 
the role of government institutions in vocational and social 
rehabilitation, with the goal of ensuring effective use of public and 
assistance funds. Laws implementing these programs are scheduled to 
enter into effect during the first quarter of 2005.

    National/Racial/Ethnic Minorities.--There were occasional incidents 
of skinheads clashing with Roma and racially motivated violence 
directed at Roma. Individuals of African, Asian, or Arab descent also 
reported isolated incidents of verbal, physical, and other types of 
abuse. The small Ukrainian and Belarusian minorities occasionally 
experienced petty harassment and discrimination.
    Societal discrimination against Roma was common, and some local 
officials discriminated against Roma in the provision of social 
services. According to its leaders, Roma faced disproportionately high 
unemployment and were hit harder by economic changes and restructuring 
than were ethnic Poles. Romani leaders complained of widespread 
discrimination in employment, housing, banking, the justice system, the 
media, and education.
    Under the ``Program for the Romani Community in Poland,'' adopted 
in August 2003 and launched this year, the Government aimed to foster 
greater participation and integration of the Romani community into 
society by funding and commencing housing development and 
rehabilitation projects in 14 of 16 Polish provinces, providing 
additional education resources (including Roma assistants) in local 
schools, conducting job training and small business seminars, creating 
additional medical, social and recreational facilities for Roma and 
promoting public awareness of the importance of Romani culture, among 
other initiatives. Total expenditures in 2004 amounted to approximately 
$1.58 million (4.75 million PLN).
    The law provides for the educational rights of ethnic minorities, 
including the right to be taught in their own language. There were an 
estimated 50,000 Lithuanians in the country, and their minority rights, 
including language instruction, were addressed routinely during 
governmental talks. There were 31 Lithuanian-language textbooks in use 
during the year at different education levels, including textbooks on 
mathematics, physics, and geography financed by the Government.
    The German minority in Opole Province makes up one-third of the 
area's 1 million inhabitants. Some community members continued to 
complain of inadequate use of German in the province's schools. In 
February, the ECHR upheld the Government's 2001 rejection of the 
application for official minority status by the 170,000-member Silesian 
community.
    Members of the Ukrainian minority were represented in local 
governments, particularly in Warminsko-Mazurkie Province, where the 
head of the provincial parliament was an ethnic Ukrainian. Statistical 
data indicated that the number of Ukrainian minority schools and school 
children increased over the past decade. The Ukrainian language was 
taught in 136 schools for 2,774 pupils nationally.

    Other Societal Discrimination and Abuses.--Homosexuality is not 
criminalized; however, polls indicated that most Poles did not discuss 
the issue publicly. In May, right-wing groups and football hooligans 
armed with eggs and stones attacked a gay rights demonstration in 
Krakow. Police moved to protect the group, but the counter-protesters 
attacked the police. The mayor of Warsaw stated that this violence 
contributed to his decision to deny approval of a gay rights parade in 
Warsaw in June, organized by the International Gay and Lesbian 
Association. Gay rights activists held a peaceful rally on the day 
following the date the parade was to have taken place. 
Counterdemonstrators picketed the rally, including members of the 
ultraconservative All Poland's Youth Association, which had been 
associated with violent incidents in the past. However, there were no 
reported incidents of violence at the rally.
    In November, several organizations and political parties, including 
Lambda, the Green Party and the New Left, organized a March of Equality 
in Poznan on International Tolerance Day. Despite protests from 
conservative parties, Church authorities and associations, city 
authorities granted permission for the march. The march was provided 
with a police escort but was blocked by soccer hooligans and members of 
All Poland's Youth. These groups attempted to break the police cordon 
and attack the marchers but were thwarted by the police escort. 
Following the attempted disruption, the police and organizers agreed to 
change from a march format to a rally. Opponents threw eggs and lemons 
and verbally abused the rally participants. Police detained or arrested 
a number of counterdemonstrators.
    A Polish Radio poll found 49 percent opposed public demonstrations 
for gay rights. Television stations in Wroclaw and Lodz aired anti-gay 
commercials sponsored by the fascist political organization Narodowe 
Odrodzenia Polski.
Section 6. Worker Rights
    a. The Right of Association.--The law provides that all workers, 
including civilian employees of the armed forces, police, and frontier 
guards, have the right to establish and join trade unions of their 
choosing, and workers exercised these rights. There is no precise data 
on work force unionization; according to press reports, 14 percent of 
the workforce were union members. As a rule, newly established small 
and medium-sized firms were nonunion, while union activity in most 
cases carried over into privatized (former state-owned) enterprises.
    The law sets minimum size requirements for establishing a trade 
union: 10 persons may form a local union, and 30 may establish a 
national union. Unions, including interbranch national unions and 
national interbranch federations, must be registered with the courts. A 
court decision refusing registration may be taken to an appeals court. 
The law does not give trade unions the freedom to exercise their right 
to organize all workers. For example, workers on individual contracts 
cannot form or join a trade union. In state-owned enterprises, such as 
the health sector, water and forestry, there were cases in which 
workers had their normal employment contract terminated and replaced by 
an individual contract that took away rights they formerly enjoyed as 
permanent employees.
    The law prohibits antiunion discrimination; however, labor leaders 
reported that employers discriminated against workers who attempted to 
organize or join unions, particularly in the growing private sector. 
The law also did not prevent employer harassment of union members for 
trade union activity; there were unconfirmed reports that some 
employers sanctioned employees who tried to set up unions.
    In April, the Government amended the law on road traffic in a 
manner that labor organizers feared might restrict legal demonstrations 
and rallies. The changes were reviewed by the Constitutional Court, 
which ruled in November that certain clauses were unconstitutional. 
Trade union officials indicated that the law has impeded their ability 
to organize demonstrations and marches, but not to the extent they had 
originally feared.

    b. The Right to Organize and Bargain Collectively.--The law 
provides for and protects enterprise-level collective bargaining over 
wages and working conditions. The Tripartite Commission (unions, 
employers, and the Government) was the main forum that determined 
national-level wage and benefit increases in sensitive areas, such as 
the so-called budget sector (health, education, and public employees). 
In December 2003, the Commission ended a lengthy period of negotiations 
over a wide-ranging ``social agreement'' originally proposed by the 
Government. While no overall agreement was reached, the parties reached 
consensus on a number of legislative measures. The Commission continued 
to serve as an important forum for the social partners to discuss 
differences and grievances and often to negotiate before problems 
erupted into conflict.
    The law does not require verification of union membership in order 
for unions to be considered ``representative'' negotiating partners for 
management and government. Many disputes arose because of the weakness 
of the employer side of the union/employer/government triangle. Key 
state sector employers (largely in heavy industry and the budget 
sector) remained unable to negotiate with labor without the extensive 
involvement of the ministries to which they are subordinate, thereby 
complicating and politicizing the Government's labor relations. The law 
provides for parties to take disputes first to labor courts, then to 
the prosecutor general, and, as a last resort, to the Supreme Court.
    Unions have the right to strike except in ``essential services''--
uniformed services, state administration, and local government--where 
they only have the right to protest. A majority of strikes were 
technically illegal because one or both of the sides did not follow 
each step exactly as required by law. Labor courts acted slowly on 
deciding the legality of strikes, while sanctions against unions for 
calling illegal strikes, or against employers for provoking them, were 
minimal. Arbitration is not obligatory and depends on the agreement of 
disputing parties. Unions alleged that laws prohibiting retribution 
against strikers were not enforced consistently and that fines imposed 
as punishment were so minimal that they were ineffective deterrents to 
illegal activity. Workers who strike in accordance with the law retain 
their right to social insurance but not to pay. However, if a court 
rules a strike illegal, workers may lose social benefits, and 
organizers are liable for damages and may face civil charges and fines.
    During the year, several strikes took place. Most strikes ended 
within a few hours, including those at the Budryk coal mine in 
Ornontowice, the Polish telecommunications company TPSA office in 
Katowice and the blockage of tracks by employees of the Polish State 
Railways in Gdynia. More serious strikes, led in large part by the 
Solidarity Trade Union, occurred in the PKS bus company in Kozienice 
and the Wroclaw construction company Jedynka. In January, workers at 
Jedynka began an occupation strike to demand payment of back wages. The 
company fired 136 striking workers and in March removed them by force 
from company premises. A court later declared that the workers had been 
illegally fired, and ordered one employee rehired, and awarded monetary 
damages to the others. In Kozienice, a 3-month strike took place to 
protest against the firing of a Solidarity shop steward. In November, a 
court ruled that strike to have been legal.
    There are no export processing zones.

    c. Prohibition of Forced or Compulsory Labor.--The law prohibits 
forced or compulsory labor, including by children; however, there were 
reports of child labor and trafficking in adults and children for labor 
(see Sections 5 and 6.d.).

    d. Prohibition of Child Labor and Minimum Age for Employment.--The 
law prohibits the employment of persons under the age of 15. Persons 
between the ages of 15 and 18 may be employed only if they have 
completed primary school and the proposed employment constitutes 
vocational training and is not harmful to their health.
    The State Labor Inspectorate (PIP) reported that increasing numbers 
of minors worked and that many employers violated labor rules by 
underpaying them or paying them late. Inspectors found violations in 
restaurants, stud farms, and, in some instances, small private 
businesses and factories. Sanctions for the illegal employment of 
children range from warning letters to orders to cease employing 
underage children. The police may enforce such orders by demanding the 
transfer of underage employees, closing all or part of the workplace, 
or, working through the Ministry of Labor, imposing fines ranging from 
approximately $7 to $167 (20 to 500 PLN) per offense. Cases may also be 
referred to an administrative tribunal, which can levy fines of up to 
$1,667 (5,000 PLN). Jail sentences may be imposed for serious 
infractions; such cases generally involve serious injury or death.
    During the year, PIP conducted 580 investigations involving almost 
3,000 possible underage employees. In 2003, fines were levied in 428 
cases, amounting to approximately $26,000 (78,000 PLN). That figure was 
estimated to remain the same this year.

    e. Acceptable Conditions of Work.--The Ministry of Labor, the 
unions, and employers' organizations negotiate a revised national 
minimum wage every 3 months. The national minimum monthly wage was 
approximately $275 (824 PLN); it did not provide a decent standard of 
living for a worker and family. A large percentage of construction 
workers and seasonal agricultural laborers from the former Soviet Union 
earned less than the minimum wage. The large size of the informal 
economy and the small number of government labor inspectors made 
enforcement of the minimum wage very difficult. With unemployment high, 
workers often agreed to inferior working conditions and lower pay to 
find or keep jobs.
    The standard legal workweek is 40 hours. The law requires overtime 
payment for hours in excess of the standard workweek, but there were 
reports that this regulation was often ignored.
    The Labor Code defines strict and extensive minimum conditions for 
the protection of workers' health and safety; however, enforcement was 
a major problem because the PIP was unable to monitor workplaces 
sufficiently. In 85,440 work-related accidents reported during 2003, 
522 individuals were killed and 1,005 seriously injured. During the 
first 9 months of the year, 311 workers were killed and 608 were 
seriously injured in a total of 57,489 workplace accidents. The 
Government reported that while most accidents were in the public 
sector, most serious accidents occurred in the private sector, where 
proportionally more deaths also occurred. Employers routinely exceeded 
standards for exposure to chemicals, dust, and noise. In addition, it 
was unclear which government body had responsibility for enforcing the 
law. The PIP may shut down workplaces where it finds unsafe conditions. 
Workers may remove themselves from dangerous working conditions without 
losing their jobs, but there were reports that fears of employment loss 
prompted workers to remain on the job.

                               __________

                                PORTUGAL

    Portugal is a constitutional democracy with a president, a prime 
minister, and a parliament elected by secret ballot in multiparty 
elections. National parliamentary elections were held in 2002. The 
ruling coalition party consists of the Social Democrat Party (PSD) and 
the Christian Democrat/People's Party (CDS/PP). The judiciary is 
independent.
    Internal security is primarily the responsibility of the Ministries 
of Justice and Internal Administration. The Republican National Guard 
(GNR) has jurisdiction outside cities, and the Public Security Police 
(PSP) has jurisdiction in cities. The Aliens and Borders Service (SEF) 
has jurisdiction on immigration and border issues. The civilian 
authorities maintained effective control of the security forces. Some 
members of the security forces committed a number of human rights 
abuses.
    The country had a market-based economy and a population of 
approximately 10.4 million. The service sector was the leading source 
of employment, while employment in agriculture and industry continued 
to be static or declined. Manufacturing provided approximately 30 
percent of total economic output. The rate of economic growth was 
negative 1.3 percent in 2003 and 1.0 percent during the year. Wages and 
benefits have kept pace with inflation.
    The Government generally respected the human rights of its 
citizens; however, there were problems in some areas. Police and prison 
guards beat and otherwise abused detainees. Prison conditions remained 
poor. Lengthy pretrial and preventive detention remained a problem. 
Trafficking in foreign laborers and women also was a problem.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Arbitrary or Unlawful Deprivation of Life.--There were no 
reports of the arbitrary or unlawful deprivation of life committed by 
the Government or its agents.

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

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The Constitution prohibits such practices; however, there 
were infrequent but credible reports that police and prison guards beat 
and otherwise abused detainees.
    The Government investigated reports of police mistreatment (see 
Section 1.d.). According to its annual activity report, the 
Inspectorate General of Internal Administration (IGAI) investigated new 
incidents involving law enforcement agents during 2003.
    During the year, due to a lack of sufficient evidence, the IGAI 
closed the case against three PSP officers who allegedly beat Aizhong 
Lin in 2002.
    Prison conditions remained poor, and guards mistreated prisoners. 
Other problems included overcrowding, inadequate facilities, poor 
health conditions, and violence among inmates. According to the General 
Directorate for Prison Services (DGSP), there were 13,312 persons in 
prison in early December. According to the DGSP, the overcrowding rate 
was 4.1 percent, representing a marked improvement over the 13.24 
percent in 2003.
    In February, a commission to study a reform of the prison system 
submitted its report to the Government. The commission drafted general 
guidelines and legislative proposals on the reform of the prison 
system. In June, the Government approved the proposals but had not 
implemented them by year's end.
    Approximately 30 percent of the prison population had Hepatitis B 
or C, and 14 percent were HIV-positive. According to the Ministry of 
Justice, 42 persons died in prisons during the first 5 months of the 
year, one third of these while under preventive detention.
    During the European soccer championships in June and July, two 
English visitors made claims of police brutality upon their return to 
the United Kingdom; however, media footage of the GNR actions, which 
were supported and assisted by British police, indicated appropriate 
use of force.
    Men and women were held separately. Although there was a youth 
prison in Leiria, at times, juveniles were held with adults elsewhere 
in the prison system. Pretrial detainees were held with convicted 
criminals.
    The Government permitted visits by independent human rights 
observers during the year.

    d. Arbitrary Arrest or Detention.--The Constitution prohibits 
arbitrary arrest and detention, and the Government generally observed 
these prohibitions.
    The Ministries of Justice and Internal Administration are primarily 
responsible for internal security. The major problems with the police 
forces were understaffing and inconsistent or weak law enforcement. 
There were approximately 50,000 law enforcement officials in the 
country. In October, 18 of 35 defendants accused of corruption within 
the GNR Traffic Department (BT) were sentenced to 18 months' to 3 
years' imprisonment by a court in the Algarve. Ten of the jailed 
defendants were traffic police, while the remaining eight were 
businessmen. The court acquitted of all charges the remaining 17 
defendants, 14 of whom were BT officers. There were no indications that 
corruption was a widespread problem. During the year, police officers 
received extensive professional training, and the Government regulated 
their actions through mechanisms established by law.
    The IGAI investigated the 2003 killings by GNR agents and PSP 
officers and determined that PSP officers acted appropriately in the 
2003 killing of Osvaldo Vaz. The IGAI found that the PSP officer who 
killed Nuno Lucas in Porto in 2002 acted inappropriately, and, in 
January, the Minister of the Interior discharged the officer from the 
force. They also determined that the PSP officer who killed Antonio 
Tavares Pereira in Setubal in 2002 acted inappropriately, and the 
officer was suspended for 225 days. In March, the trial of the officer 
for aggravated homicide in Setubal ended in an acquittal. The officer 
claimed that, at the time of the shooting, he was not aware that rubber 
bullets could kill, and had not been trained in the use of the rubber 
bullet shotgun with which he killed Antonio Tavares Pereira. The PSP 
National Director reportedly stated that there were no guidelines 
regarding the use of rubber bullets at the time of the killing.
    An independent ombudsman is chosen by the Parliament and the IGAI 
to investigate complaints of mistreatment by the police; however, 
nongovernmental organizations (NGOs) have criticized the slow pace of 
investigations.
    The law provides detailed guidelines covering all aspects of arrest 
and custody. Under the law, an investigating judge determines whether 
an arrested person should be detained, released on bail, or released 
outright. A person may not be held for more than 48 hours without 
appearing before an investigating judge. Investigative detention is 
limited to a maximum of 6 months for each suspected crime. If a formal 
charge is not filed within that period, the detainee must be released. 
In cases of serious crimes such as murder or armed robbery, or of those 
involving more than one suspect, investigative detention may last for 
up to 2 years and may be extended by a judge to 3 years in 
extraordinary circumstances. A suspect in investigative detention must 
be brought to trial within 18 months of being charged formally. If a 
suspect is not in detention, there is no specified period for going to 
trial. A detainee has access to lawyers, and the Government assumes the 
cost if necessary.
    During the year, prisoners went on hunger strikes to protest, among 
other things, prolonged periods of pretrial detention. The average 
number of prisoners returned to custody by court order (``remand'') was 
high. By year's end, 3,366 individuals (24.1 percent of the prison 
population) were in ``preventive detention.'' Pretrial detainees 
remained in prison under this status for an average of 26 months, and 
up to 6 years. Judges argued that pretrial detention was justified by 
the high incidence of recidivism. The Government implemented the use of 
an electronic monitoring device as an alternative to preventive 
detention, with 253 detainees participating in the program at year's 
end.

    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, provided for in the Constitution, consists of a 
Constitutional Court, a Supreme Court of Justice, and judicial courts 
of first and second instance. There is also a Supreme Court of 
Administration, which handles administrative and tax disputes and is 
supported by lower administrative courts. There is an audit court in 
the Ministry of Finance.
    The Constitution provides for the right to a fair trial, and an 
independent judiciary generally enforced this right.
    There were more than 500 courts in the country, and approximately 
3,000 magistrates and judges; however, staff shortages and court delays 
continued to be a serious problem.
    Critics pointed to a large backlog of pending trials resulting from 
the inefficient functioning of the courts. A study by the Permanent 
Observatory of Justice (OPJ), released in 2003, reported that the 
average length of a ``first instance'' judicial process was 912 days, 
with 14.7 percent of the processes taking over 5 years.
    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.

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

    c. Freedom of Religion.--The Constitution provides for freedom of 
religion, and the Government generally respected this right in 
practice.
    The Roman Catholic Church is the dominant religion. Although the 
overwhelming majority of citizens are Roman Catholic, other religions, 
including Islam, Protestant Christian denominations, Judaism, and 
Eastern Orthodox, were practiced freely.
    The Religious Freedom Act created a legislative framework for 
religions established in the country for at least 30 years, or 
recognized internationally for at least 60 years. The Act, which was 
implemented, provides other qualifying religions with benefits 
previously reserved for the Catholic Church: Full tax exempt status; 
legal recognition for marriage and other rites; chaplain visits to 
prisons and hospitals; and respect for traditional holidays. In 
December 2003, enabling rules were enacted for governing the commission 
that will supervise implementation of the Act; however, some rules are 
still needed to create a registry of religious entities.
    The Catholic Church maintains a separate agreement with the 
Government under the terms of the 1940 Concordat. On May 18, to comply 
constitutionally with the Religious Freedom Act, the Government 
negotiated with the Vatican and signed a new amended Concordat. By 
year's end, the new Concordat was approved by Parliament and the 
President.
    There were no incidents of anti-Semitism. Government efforts to 
promote anti-bias and tolerance education included the President's 
participation on September 9 in a ceremony commemorating the Lisbon 
synagogue's 100th anniversary. The synagogue itself was refurbished, in 
part with government funds.
    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 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.
    The Government also provided temporary protection to individuals 
who may not qualify as refugees under the 1951 Convention/1967 Protocol 
and provided it in seven individual cases during the year. The total 
refugee population in the country was 284. During the year, 120 
individuals and families, primarily from Central and Eastern European 
and African countries, filed asylum applications. Of the 120 
applicants, 9 were granted refugee status, 7 were granted 
``humanitarian protection'' residence permits, 2 were granted asylum 
under the statutes of the Geneva Convention, 62 were denied relief, and 
40 were awaiting a determination.
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 on the basis of universal 
suffrage. The country is a multiparty parliamentary democracy. The 
ruling coalition party was made up of the PSD and the CDS/PP. The 
President was Jorge Sampaio of the Socialist Party.
    During the year, Prime Minister Durao Barroso, who had been elected 
in 2002 national elections, resigned to accept the nomination as 
president of the European Commission. President Sampaio selected Pedro 
Santana Lopes to succeed Barroso as Prime Minister and to form a new 
government. The Constitution allows Sampaio to call for new elections, 
but he declined, citing institutional continuity based on the results 
of the 2002 elections; however, on December 10, Sampaio changed his 
mind and decided to dissolve Parliament and call for national elections 
in February 2005.
    The law provides for public access to government information, and 
the Government provided it in practice.
    There were 47 women in the 230-member Parliament. There were three 
women in the Cabinet--the Ministers of Education, Science/Higher 
Education, and Culture. Five women held state secretary positions, 
which are one rank below cabinet ministers.
    There were no minorities in the Parliament or 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 
were cooperative and responsive to their views; however, most groups 
complained of slow investigations or remedial actions.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The Constitution prohibits discrimination based on ancestry, 
gender, language, origin, political or ideological convictions, 
education, economic situation, or social condition; however, some 
discrimination against women and ethnic minorities persisted.

    Women.--Domestic and other violence against women was a problem. 
The Association for Victim Support (APAV), a nonprofit charitable 
organization that provided confidential and free services to victims of 
any type of crime nationwide, received 7,515 requests for assistance 
via its toll free hotline and at its offices in 13 cities during the 
year. The individuals seeking help (nearly 86 percent of whom were 
women) reported 13,511 crimes, more than 80 percent involving domestic 
violence. According to the women's rights NGO, Union of Women 
Alternative and Response (UMAR), their husbands or partners killed 47 
women during the year. The Commission for Equality and Women's Rights 
ran 14 safe houses for domestic violence and also had a 24 hours-a-day, 
7 days-a-week phone service.
    The law provides for criminal penalties in cases of violence by a 
spouse, and the judicial system prosecuted persons accused of abusing 
women; however, traditional societal attitudes still discouraged many 
battered women from using the judicial system. Under the law, 
perpetrators of domestic violence may be barred from contact with their 
victims, and, in extreme cases, the police may order the immediate 
expulsion of a perpetrator from the victim's dwelling. The law defines 
domestic violence as a public crime, which gives police and the courts 
more leverage to prosecute such cases, and removes some of the burden 
on the abused women to file charges, since any interested party has the 
ability to file charges in domestic violence cases.
    The law specifically makes rape, including spousal rape, illegal, 
and the Government enforced these laws effectively.
    Neither prostitutes nor their clients are punishable under the law, 
and prostitution was common. Under the law, only pimping, brothels, and 
the registration of prostitutes are illegal. Trafficking in women for 
the purpose of sexual exploitation continued to be a problem (see 
Section 5, Trafficking).
    Sexual harassment is defined as a crime if perpetrated by a 
superior in the workplace. The penalty is 2 to 3 years' imprisonment. 
As in the case of domestic violence, socially ingrained attitudes 
discouraged many women from taking advantage of the legal protection 
available. The Commission on Equality in the Workplace and in 
Employment, composed of representatives of the Government, employers' 
organizations, and labor unions, is empowered to examine, but not 
adjudicate, complaints of sexual harassment; however, it received few 
such complaints.
    The civil code provides for full legal equality for women. As of 
October, women comprised 51.6 percent of the total population and 51.7 
percent of the unemployed. Of the 388,724 students enrolled in higher 
education in 2003, 56 percent were women. Although women increasingly 
were represented in business, science, academia, and the professions, 
their average salaries were about 30 percent less than men's. The 
Commission for Equality and for Women's Rights continued to press for 
improved conditions for women.
    The Commission on Equality in the Workplace and in Employment 
reviewed numerous complaints of discrimination by employers against 
pregnant workers and new mothers, who were protected by law.

    Children.--The Government was strongly committed to children's 
rights and welfare; it amply funded systems of public education and 
medical care. The Government provides 9 years of compulsory, free, and 
universal education for children through the age of 15, most of whom 
attend school. The Institute of Solidarity and Social Security, located 
within the Ministry of Social Security, Family, and Children, was 
responsible for implementation of the Government's programs for 
children. The Institute promotes a program to coordinate assistance for 
children of immigrant families and a program to support early 
childhood, which included the provision of better childcare facilities. 
The Government provided preschool education for children age 4 and 
older upon entry into primary school. The Government provided free or 
low cost health care for all children until the age of 15.
    Abuse of children was a problem, although there was no societal 
pattern of such abuse. APAV reported 310 cases of crimes against minors 
(under 18) during the year, primarily involving domestic violence.
    Following high-profile investigations and court proceedings that 
began in 2002 related to a pedophilia operation at ``Casa Pia,'' a 
children's home that has approximately 4,600 children in its care in 
Lisbon, the trial involving 8 defendants began on November 25. The 
defendants faced charges ranging from procuring and rape to homosexual 
acts with adolescents and sexual abuse of minors. There were 13,000 
pages of files and 790 witnesses scheduled to testify. Charges were 
based on accusations by 17 young people born between 1984 and 1988 
(between the ages of 12 and 16 when they were reportedly abused in 1999 
and 2000), as well as by 29 youngsters born between 1983 and 1991 (ages 
8 to 16 when the abuse allegedly occurred).
    Trafficking of children for sexual exploitation and forced labor 
remained a problem (see Section 5, Trafficking).

    Trafficking in Persons.--The law prohibits trafficking in persons; 
however, there were reports that persons were trafficked to, from, or 
within the country. The law also criminalizes the trafficking of 
children under 16 years of age for the purpose of sexual exploitation. 
Each law that can be applied to traffickers (such as facilitating the 
illegal entry of persons, employing an illegal immigrant, false 
documentation, extortion, fraud, and sexual exploitation) carries a 
penalty of between 1 and 8 years' imprisonment. By citing the violation 
of multiple provisions, judges have handed down longer sentences.
    The Government assisted other countries with international 
investigations of trafficking. After helping to develop a new EUROPOL 
organized crime database, Portugal, Spain, Italy, and Germany 
increasingly shared and received information as they worked together in 
an effort to combat trafficking. The Immigration Service (SEF) 
implemented 2003 anti-trafficking legislation and significantly 
increased trafficking investigations. The length of sentences for those 
convicted of trafficking related offenses, such as kidnapping, 
recruiting illegal workers, pimping, and extortion also were on the 
increase, in many cases reaching 11 to 15 years' imprisonment.
    In a case with possible trafficking implications, the Government 
was prosecuting eight public figures in connection with an organized 
pedophile ring operating out of an orphanage in Lisbon (see Section 5, 
Children).
    The country is a destination for men and women trafficked from 
Ukraine, Moldova, Russia, Romania, and Brazil for the purposes of 
forced labor and sexual exploitation. There were no reports or 
suspected cases of immigrant children trafficked for sexual 
exploitation; however, Romanian minors were often used as street 
beggars. Some trafficking victims were transited through the country to 
other European countries. Most trafficked persons were Eastern European 
males who ended working in construction or in other low-wage 
industries, such as textile manufacturing, woodworking, metalworking 
and marble cutting. Some trafficked women (mostly from Eastern Europe 
and Brazil) worked as prostitutes. Trafficked persons usually lived in 
hiding in poor conditions, often with little or no sanitation 
facilities and in cramped spaces. Some trafficked workers were not paid 
at all and some were ``housed'' within the factory or construction 
site. Moldovan, Russian, and Ukrainian organized crime groups 
reportedly conducted most of the trafficking of Eastern Europeans. The 
traffickers frequently demanded additional payments and a share of 
earnings following their victims' arrival in the country, usually under 
threat of physical harm. They often withheld the identification 
documents of the trafficked persons and threatened to harm family 
members who remained in the country of origin.
    The Government expanded its assistance to immigrants, including 
victims of trafficking. New awareness by authorities has led to a clear 
distinction by the Government between trafficking and immigration 
crimes, allowing trafficking victims to receive adequate protection. 
The Government may refer victims to NGOs for short- and long-term 
assistance and may provide short or long-term residency for victims 
willing to cooperate with law enforcement. The government's High 
Commissioner for Migration and Minorities is responsible for 
coordinating assistance to immigrants, including trafficking victims. A 
large percentage of those assisted were provided employment and 
legalization of status; others were repatriated.
    During the year, the Government targeted information campaigns 
toward immigrant populations and in source countries vulnerable to 
exploitation and trafficking. The Government also placed immigration 
liaison officers in prominent source countries.

    Persons With Disabilities.--There was no discrimination against 
persons with disabilities in employment, education, access to health 
care, or the provision of other state services. The law mandates access 
to public buildings for such persons, and the Government enforced these 
provisions in practice; however, no such legislation covers private 
businesses or other facilities.

    National/Racial/Ethnic Minorities.--The principal minority groups 
were immigrants, legal and illegal, from the country's former African 
colonies, Brazil, and Eastern Europe. Approximately 500,000 legal 
immigrants lived in the country, representing approximately 5 percent 
of the population. The country also had a resident Roma population of 
approximately 50,000 persons.
    The law permits victims and anti-racism associations to participate 
in race-related criminal trials by lodging criminal complaints, 
retaining their own lawyers, and calling witnesses. Anti-racism laws 
prohibit and penalize racial discrimination in housing, business, and 
health services, and provide for the creation of a Commission for 
Equality and Against Racial Discrimination (CERD) to work alongside the 
High Commissioner for Immigration and Ethnic Minorities.
    In its 2002 report, the European Commission Against Racism and 
Intolerance (ECRI), acknowledged many positive steps taken by the 
Government to counter racism, including: adopting a law prohibiting 
racial discrimination; launching activities promoting the integration 
of immigrant and Roma communities in education and work; raising human 
rights awareness among police officers and judges; and giving CERD 
competency to examine individual applications. However, ECRI 
recommended that the authorities take further action to combat racism 
and intolerance more effectively in a number of areas. In response to 
these recommendations, the Government implemented concrete measures, 
such as: Including discussions on dealing with members of minority 
groups in law enforcement training sessions; organizing teachers' 
seminars on multiculturalism and diversity; increasing by 54 percent 
financial assistance to immigrant organizations; and distributing books 
and brochures among public organizations and immigrant associations to 
raise awareness concerning the fight against racism and intolerance.
Section 6. Worker Rights
    a. The Right of Association.--The Constitution provides workers 
with the right to form or join unions without previous authorization or 
excessive requirements, and they exercised this right in practice. 
Approximately 35 percent of the total workforce was unionized.

    b. The Right to Organize and Bargain Collectively.--The law allows 
unions to conduct their activities without interference, and the 
Government protected this right in practice. The right to organize and 
bargain collectively was recognized and exercised freely in practice. 
The law provides for the right to strike, and workers generally 
exercised this right in practice. However, should a long strike occur 
in an essential sector such as health, energy, or transportation, the 
Government may order the strikers back to work for a specific period. 
The Government rarely has invoked this power. Police officers and 
members of the armed forces may not strike legally, but they have 
unions and recourse within the legal system.
    There are no export processing zones.

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

    d. Prohibition of Child Labor and Minimum Age for Employment.--The 
minimum working age is 16 years. There were instances of child labor, 
but the overall incidence was small and was concentrated geographically 
and by sector. The greatest problems were reported in Braga, Porto, and 
Faro, and tended to occur in the clothing, footwear, construction, and 
hotel industries.
    In 2001, the Government estimated that 46,717 children on the 
mainland engaged in some form of economic activity, of whom 40,001 were 
unpaid family workers and 6,716 worked for third parties. Of those 
children engaged in economic activity, 86.2 percent were attending 
school. Most children engaged in economic activity come from the 
northern (57.7 percent) and central (26 percent) regions of the 
country. The agricultural sector employed the most children, followed 
by commerce, manufacturing, hotel and catering, and construction. Of 
those children who worked, the majority worked 1 to 3 hours per day, 1 
to 2 days per week; however, some commonly worked 6 to 7 days per week.
    The Government's principal body addressing, monitoring, and 
responding to reports of child labor is the Plan for the Elimination of 
Exploitation of Child Labor (PETI). The Ministry of Social Security, 
Family, and Children is responsible for enforcing the child labor laws, 
and it did so effectively.

    e. Acceptable Conditions of Work.--The monthly minimum wage, which 
covers full-time workers as well as rural workers and domestic 
employees ages 18 and over, was approximately $496.27 (374.70 euros). 
Along with widespread rent controls and basic food and utility 
subsidies, the minimum wage afforded a decent standard of living for a 
worker and family. Most workers received higher wages, with the CGTP 
estimating an average monthly salary of approximately $853 (682 euros), 
excluding public servants.
    The maximum legal workday is 10 hours, and the maximum workweek is 
40 hours. There is a maximum of 2 hours of paid overtime per day and 
200 hours of overtime per year, with a minimum of 12 hours between 
workdays. The Ministry of Social Security, Family, and Children 
monitored compliance through its regional inspectors, and it did so 
effectively.
    Employers legally are responsible for accidents at work and are 
required by law to carry accident insurance. The General Directorate of 
Hygiene and Labor Security develops safety standards in line with 
European Union standards, and the General Labor Inspectorate is 
responsible for their enforcement; however, the Inspectorate lacked 
sufficient funds and inspectors to combat the problem of work accidents 
effectively. Workers injured on the job rarely initiated lawsuits. 
Workers have the right to remove themselves from situations that 
endanger health or safety without jeopardy to their employment, and the 
authorities effectively enforced this right.

                               __________

                                ROMANIA

    Romania is a constitutional democracy with a multiparty, bicameral 
parliamentary system, a prime minister who is the head of government, 
and a president who is the head of state. Traian Basescu was elected 
President on December 12 in elections characterized by irregularities, 
but which were judged generally free and fair. At year's end, Basescu 
appointed center-right a Liberal-Democratic (PNL-PD) Alliance leader, 
Calin Popescu-Tariceanu, as Prime Minister to lead a new government 
composed primarily of the PNL-PD, the Democratic Alliance of Hungarians 
in Romania (UDMR), and the Romanian Humanist Party (PUR). This followed 
four years of government led by Social Democratic Party (PSD) Prime 
Minister Adrian Nastase and President Ion Iliescu. The Constitution 
provides for an independent judiciary; however, in practice, the 
judiciary remained subject to political influence. Widespread 
corruption remained a problem, although the Government took initial, 
but only partial, steps to address the problem.
    The National Police are primarily responsible for law enforcement, 
the Gendarmerie for preserving public order, and the Border Police for 
maintaining border security. The Ministry of Administration and 
Interior (MOAI) supervises these organizations. The military has 
primary responsibility for protection against external threats. An 
internal intelligence service assesses threats to national security but 
has no law enforcement powers. Civilian authorities maintained 
effective control of security and intelligence organizations, although 
some concerns were expressed regarding the possible misuse of 
intelligence agencies for political purposes. Some members of security 
forces committed serious human rights abuses.
    Romania is a developing country in transition from a centrally 
planned to a market economy with a population of approximately 21.7 
million. Economic activity was primarily in the manufacturing, 
agriculture, services, and energy sectors. For the year, the economy 
grew approximately 8 percent, and the inflation rate was 9.3 percent. 
Average monthly gross salaries rose by 23.6 percent as compared to the 
same period in 2003.
    The Government generally respected the human rights of its 
citizens; however, there were problems in some areas. Police officers 
sometimes beat detainees and reportedly harassed and used excessive 
force against Roma. While some progress was made in reforming the 
police, cases of inhuman and degrading treatment continued to be 
reported. Investigations of police abuses generally were lengthy and 
inconclusive, rarely resulting in prosecution or punishment. While 
civilian courts had jurisdiction over National Police abuses, abuses by 
other security forces remained in the military court system, where 
procedures were unnecessarily lengthy and often inconclusive. Prison 
conditions remained harsh and overcrowding was a serious problem; 
however, conditions improved somewhat. At times, authorities violated 
the prohibition against arbitrary arrest and detention.
    Government action and inaction at times restricted freedom of 
speech and of the press. During the year, there was a pattern of 
intimidation, harassment, and violence against journalists who wrote 
critical reports on government activities or government and ruling 
party officials. Religious minorities complained of discriminatory 
treatment by authorities. Societal harassment of religious and sexual 
minorities, violence and discrimination against women, and restitution 
of property confiscated during the Communist regime remained problems. 
There were large numbers of impoverished homeless children in major 
cities. Trafficking in women and girls for the purpose of prostitution 
was a problem that the Government increasingly took steps to address. 
Discrimination and instances of societal violence against Roma 
continued. Child labor abuses continued. There were reports of 
government interference in trade union activity.
                        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 was one possible extrajudicial killing. In May, police 
shot and killed unarmed 31-year-old Nicusor Serban in Jegalia (Calarasi 
County) when he refused to stop after a police warning. Police were 
attempting to detain Serban on rape accusations. At year's end, the 
case was under continuing investigation by the police authority and the 
prosecutor's office of Calarasi County.
    In December, outgoing President Ion Iliescu pardoned former miners' 
leader Miron Cozma, who was sentenced in 1999 to 18 years in prison for 
leading 1991 riots that led to the deaths of at least three persons and 
the wounding of many others. Widespread public opposition prompted 
Iliescu to rescind Cozma's pardon. Upon Iliescu's decision, authorities 
took Cozma into custody again and also booked him on separate charges.
    In the past, police used excessive force that led to the deaths of 
citizens. Police authorities eventually decided that police officers 
were not responsible for the killing of prisoner Mihai Iorga, although 
an autopsy established that trustees and police officers beat him to 
death in 2002.
    The nongovernmental organization (NGO) Roma Center for Social 
Intervention and Studies (Romani CRISS) continued to investigate the 
2002 death of Nelu Balasoiu, a Romani man who was found dead in Jilava 
prison near Bucharest. In March, Balasoiu's family, Romani CRISS, and 
another NGO, the Association for Defending Human Rights in Romania-
Helsinki Committee (APADOR-CH), appealed the December 2003 decision of 
the prosecutor's office not to open an investigation of the police 
officers involved in the case because the Balasoiu death had allegedly 
been due to health reasons. In June, a court of appeal in Craiova sent 
the file to the prosecutor's office for further investigation.
    In October 2003, the Supreme Court gave 10-year prison sentences to 
two former agents of the disbanded security service for the 1985 
beating death of dissident Gheorghe Ursu.

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

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The Constitution prohibits such practices; however, there 
were credible reports that police beat detainees and used excessive 
force. Human rights organizations have cited numerous reports of police 
torture and mistreatment.
    The law allows the use of firearms against persons fleeing arrest. 
In January, Bucharest police shot and wounded 22-year-old Marius Silviu 
Mitran after he failed to obey a police officer's order to stop his 
vehicle after committing a traffic infraction. Human rights 
organizations concluded that Mitran was injured due to the careless use 
of weapons in violation of the law. The case was under investigation by 
the Bucharest Prosecutor's Office at year's end.
    In March, police from the Bucharest 14th precinct and members of 
the rapid intervention police squad allegedly physically assaulted a 
15-year-old bystander, Cristian Bujor, who was passing by an incident 
between the police and a group of taxi drivers. The minor was 
hospitalized for only a day and a half, and the family suspected his 
early discharge was due to police pressure. The case was under 
investigation by the Bucharest Prosecutor's Office at the end of the 
year.
    In June, a policeman allegedly physically assaulted a 12-year-old 
boy in Fetesti for having allegedly vandalized his car. Although police 
showed reluctance to open an investigation into the assault case, 
eventually the Fetesti Prosecutor's office began an investigation, 
which was ongoing at year's end.
    In August, two members of the Service for Protection and Guard 
physically assaulted State Secretary on the National Audiovisual 
Council (CAN) Serban Pretor after forcing his car off the road in an 
apparent road rage incident. Police again hesitated to start 
investigations. The head of the local police in Medgidia was dismissed 
after he made public the identity of the assailants. Following broad 
media coverage of the case, authorities transferred the two assailants 
to reserve duty and sent the case to a civil court on the grounds that 
they were not on duty at the time of the incident. The lawsuit was 
still in progress at year's end.
    Romani NGOs continued to claim that police used excessive force 
against Roma and subjected them to brutal treatment and harassment. In 
January, the head of a local police station and three civilians 
reportedly subjected a Romani couple, Stella and Sofron Varga, to 
verbal and physical violence in the village of Banisor, Salaj County. 
According to Romani CRISS, a police officer accosted the couple, who 
were selling wares with a valid sales permit, and demanded free goods 
for allowing them to continue their activity. The couple protested, and 
the situation became violent. After the woman filed a complaint, the 
Police Inspectorate of Salaj County concluded that the head of the 
police station was not at fault and that the police should investigate 
two civilians for their alleged violent actions.
    In July, two police and five members of the police Intervention and 
Special Operations Squad (DIASS) entered the Romani community in the 
village of Valu lui Traian, Constanta County, and beat community 
members with clubs during a search for suspects in connection with an 
altercation between two Romani individuals and a neighbor. Thirteen 
Roma were injured in the alleged assault. According to Romani CRISS, 
the mayor threatened to expel the victims from the village if they 
filed complaints or wrote declarations against the police.
    During the year, a county-level Council of Discipline of the Police 
Inspectorate found a plainclothes officer innocent in the June 2003 
beating of Mihai Dumitru during a raid in Tulcea. The MOAI initially 
acknowledged the officer's guilt and proposed the Council of Discipline 
punish him according to the Police Officer's Status Law. The 
prosecutor's office referred the case to court for criminal 
prosecution, which was still in process at year's end. There were no 
developments in other cases reported in 2003, including: The physical 
assault by police on a married Romani couple in Simleul Silvaniei, 
Salaj County; the physical assault by an intoxicated police officer on 
19-year-old Lucian Lacatusu in Parancea, Buzau County; and the alleged 
June police attack on four Roma from one family.
    At year's end, the case of Mugurel Soare, against whom a police 
officer allegedly used excessive force, and Adrian Georgescu, a gay man 
who was harassed and subsequently left the country, were still before 
the European Court of Human Rights (ECHR).
    Lesbian and gay rights NGOs complained that police singled out 
members of this community for violence and harassment and noted that 
few victims pursued charges due to fear of harassment by the local 
community and police or the belief that authorities would not carry out 
unbiased investigations.
    Prison conditions remained harsh. There were 43 penal units, 
including 34 prisons, 6 prison hospitals, and 3 juvenile detention 
facilities. Overcrowding remained a serious problem, although there was 
a slight improvement over 2003. As of November, 39,629 persons, 
including 816 minors, were in prison or juvenile detention facilities, 
while the legal capacity of the system is 38,856.
    Human rights organizations reported that the abuse of prisoners by 
authorities and other prisoners continued to be a problem. Human rights 
organizations alleged that the practice of giving certain privileges to 
an ``elected representative'' in each cell discriminated against the 
rest of the prison population. Such organizations also criticized the 
prison punishment system, stating that it has little positive impact 
for societal rehabilitation of the inmates. The Government undertook 
some efforts to alleviate harsh conditions, including partnerships with 
NGOs on rehabilitation programs for inmates and training courses to 
deter drug use and the spread of HIV/AIDS and tuberculosis.
    In June, 24-year-old Ionut-Cristinel Maftei, who was serving a 5-
year term for theft in prison in Iasi, entered a coma and died 
following a serious head injury received in his cell under unclear 
circumstances. Suspecting the involvement of the cell supervisor (a 
prison employee), Maftei's family filed a complaint against him with 
the Military Prosecutor's Office in Iasi in July.
    Due to limited space available in the prison system, detainees 
awaiting trial were sometimes held in the same facilities as convicted 
prisoners. Conditions were roughly the same for both (same food, types 
of cells, etc.), but detainees were usually segregated from the general 
prison population and enjoyed more frequent access to visitors and 
generally free access to legal representatives.
    Men and women, adults and juveniles, and pretrial detainees and 
convicted criminals were usually held separately.
    In June, Parliament passed two new laws on prisons: One that 
modernizes the prison term system, and a second, on the status of 
prison cadres, that requires the demilitarization of prison staff.
    The Government permitted prison visits by human rights observers 
and media representatives. The General Directorate for Penitentiaries 
reported that there were 7,127 individual or group visits by media and 
domestic and foreign NGOs to penitentiaries during the year.

    d. Arbitrary Arrest or Detention.--The Constitution prohibits 
arbitrary arrest and detention, and the Government generally observed 
these prohibitions.
    The MOAI commands the National Police and the Gendarmerie as well 
as the Border Police, Alien Authority, National Office for Refugees, 
General Direction of Information and Internal Protection (classified 
information management), Special Protection and Intervention Group, and 
the Special Aviation Unit. The police are organized into the General 
(i.e., National) Police Inspectorate, the General Police Directorate of 
Bucharest, 41 county-level police inspectorates, a Directorate of 
Transportation Police, and 3 educational institutions for the training 
of policemen. Counties are responsible for police units located within 
their respective geographic areas.
    While the police generally followed the law and internal 
procedures, corruption was a continuing problem. Low-level corruption, 
the omnipresent small bribe, was a main cause of citizens' lack of 
respect for the police and contributed to a corresponding lack of 
police authority. Extremely low salaries (sometimes not paid on time) 
contributed to the susceptibility of individual law enforcement 
officials to bribes.
    The Government addressed these problems by increasing training to 
create a more professional police force and by punishing corruption. 
During the first half of the year, 96 police (of whom 26 were officers 
and 70 were agents) were found to have engaged in misconduct, resulting 
in 197 sanctions (of which 53 were for officers and 144 for agents). At 
the end of June, 12 police (4 officers and 8 agents) were undergoing 
criminal prosecution.
    In April, the Government enacted a code of ethics for police 
officers that provides strict rules for the professional conduct of law 
enforcement. It specifically addresses corruption, use of force, 
torture, and illegal behavior and requires all law enforcement officers 
to follow the human rights provisions of the Constitution and 
international conventions. Unlawful or abusive acts may trigger 
criminal or disciplinary sanctions. In conjunction with the code of 
ethics, the Government created a permanent commission within the MOAI 
to monitor compliance with the code.
    The police reform and demilitarization process continued during the 
year. In September, the Government issued a decision that would 
continue reform of MOIA internal affairs and control structures by 
creating a new Anticorruption and Professional Standards Department 
within the Intelligence and Internal Protection Directorate. In 
September, Parliament adopted a law on the organization and operation 
of the judicial police, who handle all criminal investigations. The law 
established a new police structure with double subordination, 
administratively to the MOAI and operationally to prosecutors trying 
individual cases. In October 2003, the Statute of the Police Officers 
was amended by a government ordinance detailing disciplinary actions 
against police officers, including suspension from active duty during 
criminal investigations.
    The Constitution provides that only judges may issue arrest and 
search warrants. A judge may order temporary detention for periods of 
30 or 60 days, depending upon the status of the case. The court may 
extend these time periods; however, pretrial detention cannot exceed 
180 days. Pretrial detention counts toward sentence time if a detainee 
is convicted. Courts and prosecutors may be liable for unjustifiable, 
illegal, or abusive measures. The law requires authorities to inform 
those arrested of the charges against them and their legal rights. 
Police must notify detainees of their rights in a language they 
understand before obtaining a statement. In general, the proper 
authorities issued arrest warrants. The law provides for a bail system; 
however, it was seldom used in practice, reportedly because those who 
requested release on bail did not meet the legal requirements. 
Detainees generally had access to counsel and their families.
    The law allows police to take any person who endangers the public, 
other persons, or the social order and whose identity cannot be 
established to a police station. Police often used this provision to 
detain persons up to 24 hours. Minors who are at least 16 years of age 
are subject to arrest for all offenses; minors between the ages of 14 
and 16 are subject to preventive arrest if shown to have full mental 
capacity, but only in cases involving serious felonies and exigent 
circumstances; minors under the age of 14 cannot be criminally 
prosecuted. Under the law, the Government is obligated to provide legal 
counsel to minors who are detained or arrested during a criminal 
investigation or trial. The confidentiality of discussions between 
detainees and their lawyers was generally respected in practice.

    e. Denial of Fair Public Trial.--The Constitution provides for an 
independent judiciary; however, members of the judiciary alleged that 
judges have been subject to political pressure.
    In October 2003, the Constitution was amended to increase the role 
of the Superior Council of Magistrates (CSM) in selecting, promoting, 
transferring and disciplining ``magistrates,'' a term that includes 
judges and prosecutors. The membership of the CSM was expanded from 17 
to 19, and the Justice Minister was removed from the chairmanship of 
the council. At the end of September, three laws came into force that 
further implemented the amendments related to the judiciary by 
regulating the composition and role of the CSM, regulating magistrates' 
careers, and regulating the organization of the judiciary. These laws 
confirm the CSM's control over its members while retaining the Ministry 
of Justice's responsibility for administrative and budgetary matters.
    In early December, elections for positions on the CSM were marred 
by accusations that some candidates pressured and intimidated their 
subordinates to vote in their favor. Other magistrates and civil 
society groups asked the Senate not to validate the results and to call 
for new elections. The Association of Romanian Magistrates filed an 
official complaint with the Senate regarding the appointment of the two 
civil society representatives, claiming they did not have the 
background, experience or moral stature to be credentialed members of 
the CSM, but rather received the nomination due to their loyalty to the 
then governing PSD party. The Senate had not acted on this matter by 
year's end.
    The Government took some steps to fight corruption among officials, 
including members of the judiciary (see Section 3).
    The law establishes a four-tier legal system, including appellate 
courts. Defendants have final recourse to the High Court of Cassation 
and Justice or, for constitutional matters, to the Constitutional 
Court. A prosecutor's office is associated with each court. The SCM 
nominates a candidate for General Prosecutor, whom the President 
appoints. The General Prosecutor is operationally independent from 
other members of the executive branch, including the Minister of 
Justice. The law permits the use of the native language of minorities 
in courts or with authorities.
    The law provides for the investigation by civilian prosecutors of 
crimes by the National Police. Military prosecutors continue to try 
cases that involve ``state security,'' and the Gendarmerie and Border 
Police continue to fall under military jurisdiction. Human rights NGOs 
noted that cases involving military personnel and the police continued 
to be tried by military courts. Military court investigations of police 
abuse were lengthy and not followed by further court actions. Local and 
international human rights groups have criticized the handling of cases 
by military courts, claiming that military prosecutors' investigations 
were unnecessarily lengthy and often inconclusive.
    The law provides for the right to a fair trial; however, a 
widespread perception of judicial corruption remained. Trials are open 
to the public. The law does not provide for trial by jury. The 
Constitution provides for a right to counsel and a presumption of 
innocence until a final judgment by a court. The law requires that an 
attorney be appointed for defendants who cannot afford legal 
representation or are otherwise unable to select counsel; in practice, 
local bar associations provided attorneys to the indigent and were 
compensated by the Ministry of Justice. Both plaintiffs and defendants 
have a right of appeal. The law provides that confessions extracted as 
a result of police brutality may be withdrawn by the accused when 
brought before the court; the practice of extracting confessions 
through beating occurred occasionally in the past. There were no 
reported incidents of confessions resulting from police beatings during 
the year. The judicial system tended to be inefficient and slow.
    There were no reports of political prisoners.
    Restitution of church, communal, and individual property remained a 
serious problem marked by a cumbersome administrative process and slow 
return of property to owners. During the year, approximately 1,000 
buildings, out of 128,000 claims, were restored to their former owners 
under the 2001 law that provides for the restitution of personal 
dwellings or buildings confiscated during the Communist regime. 
Approximately 15,000 properties have been returned since the law was 
enacted. Property restitution was particularly important for the Greek 
Catholic Church, which had all its properties, including churches, 
confiscated during the Communist regime. During the year, the 
Government took few steps to restore these properties, returning to the 
Church only 50 properties out of 2,207 claims under the 2002 law to 
restore confiscated church property. In the case of individual 
properties, the ECHR has ruled on 44 property restitution cases in 
favor of the former owners who either had been wronged in court or 
denied restitution on various grounds; one of these rulings occurred 
during the first half of the year. The Government generally respected 
ECHR rulings.
    In March, Parliament adopted a law establishing guidelines for the 
restitution of properties confiscated from ethnic groups during the 
Communist regime. The Jewish community was expected to benefit both 
from religious and ethnic property restitution laws.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The Constitution prohibits illegal searches. During 
the year, constitutional amendments entered into force that shifted the 
responsibility for issuing search warrants from prosecutors to judges. 
Human rights organizations and jurists continued to study the potential 
impact of these amendments on investigations conducted for national 
security purposes. Previously, the law allowed security officials to 
enter residences without authorization from a prosecutor if they deemed 
a threat to national security to be imminent. Such actions were 
historically rare.
    The Constitution protects the privacy of legal means of 
communication; however, the law permits the use of electronic 
interception in both criminal and national security cases. In January, 
the Criminal Procedural Code was amended to shift responsibility for 
authorizing electronic interceptions from prosecutors to judges and 
require electronic interceptions in criminal cases to be conducted 
under the direction of a prosecutor. Nevertheless, the equipment to 
conduct such interceptions remained under the control of the Internal 
Intelligence Service (SRI), to which prosecutors did not have direct 
access.
    For practical purposes, the SRI physically conducted all electronic 
interceptions. Previously, the law allowed the SRI to monitor 
communications after obtaining authorization from the ``public 
prosecutor specially appointed by the General Public Prosecutor'' for 
activities involving national security threats. In November, a new law 
on terrorism was enacted that creates a special procedure for 
authorizing electronic interceptions in national security cases and 
cases involving terrorist acts. The government institutions with 
competence in the field of national security must forward a written 
request for authorization to the General Prosecutor. If the request is 
found justified, the General Prosecutor submits it to the president of 
the High Court of Cassation and Justice. The final decision is taken in 
chambers by a group of specially designated judges. The warrant cannot 
exceed 6 months, but it may be extended by 3 months several times in 
justified situations. Special judges designated by the president of the 
High Court of Cassation and Justice must also approve any extension.
    In exceptional circumstances (when there is a clear and present 
danger to national security), government institutions may begin 
interception without a warrant issued by the judiciary. Following this, 
however, a request for authorization must be submitted within 48 hours. 
In practice, the SRI continued to operate under its prior legislative 
authority. The SRI may legally engage in surveillance, request official 
documents or information, and consult with technical experts to 
determine whether a situation constitutes a threat to national security 
or to prevent a crime.
    The law permits persons who were citizens after 1945 access to 
secret police files kept by the Communist government. A council 
approved by Parliament reviewed files and released the information 
unless it involved state secrets or threatened national security. The 
files remained in intelligence service custody. Observers criticized 
the law for exempting files of current intelligence service employees 
from review and for restricting the definition of ``informer'' to an 
individual who received payment for services, making impossible the 
identification of individuals who collaborated with the Securitate for 
other reasons, such as personal advancement or ideological commitment. 
The release of files in 2003 was impeded by the inability of the 
lustration council to meet with a quorum of members. The consistent 
absence of PSD and PRM members gave rise to speculation that neither of 
these parties desired to see progress in the release of files. During 
the year, the council's activity was slow and ineffective, in large 
part due to the inconsistent attendance by PSD and PRM members.
    Under the law, foreign citizens of certain states, primarily less 
developed countries, must report their presence to police if they stay 
in private accommodations for 10 days or longer.
    Romani NGOs monitored several cases of eviction of Roma living 
illegally on public land in Buzau, Galati, and Tulcea counties. In 
these counties, local authorities forced Roma found living illegally to 
relocate to their home counties. Romani activists disputed the legal 
grounds for these actions but did not pursue a legal remedy. There was 
also no action taken on the 2003 eviction of several dozen Roma living 
illegally on the outskirts of Bucharest's Militari district.
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, certain legal prohibitions 
against ``defamation of the country'' and ``offense to authority'' 
potentially limited these rights. Romanian Public Television (RTV)--
composed of four national stations--reportedly maintained internal 
rules that prohibited its journalists from speaking freely about 
political pressure and censorship. Print media also reported that job 
contracts at some private television stations also prohibited 
journalists from speaking freely about political pressures in news 
reporting or commentary. Journalists continued to be sentenced by 
courts for their articles and opinions. Investigations of violence and 
threats against journalists moved slowly.
    Journalists and private citizens could generally criticize the 
government authorities, including those at senior levels, but there 
were a number of cases of local authorities intimidating their critics 
rather than responding to serious issues in substance. In addition, 
many media outlets--electronic and print--reportedly had substantial 
tax arrears. Media watchdogs alleged that fear of government audits and 
punitive tax actions to collect these arrears inhibited negative 
coverage of leading government figures.
    Watchdog groups also expressed concern that the Government could 
exert pressure on the media through the advertising fees paid by state-
owned companies. Representatives of NGOs such as the Center for 
Independent Journalism (CIJ) and Media Monitoring Agency (MMA) said 
that, by directing public funds toward certain media outlets, the 
Government could effectively control the content of media reports. The 
CIJ requested the former PSD Government to provide information about 
such fees and contracts by ministries or state-owned agencies for 
advertising in specific media outlets, as they involved public money. 
When the Government did not provide the information, the CIJ sued it 
with the support of lawyers provided by the Romanian Helsinki 
Committee. On October 25, the Bucharest Appellate Court ordered the 
Government to provide the CIJ information about advertising contracts; 
however, the Government had not produced the information by the year's 
end.
    Independent media grew in an increasingly competitive market. 
Several hundred daily and weekly newspapers were published. Foreign 
news publications may be imported and distributed freely, but high 
prices limited their circulation. Several private television stations 
broadcast nationwide, and there were numerous other private local 
television and radio stations. More than four million households had 
cable television, giving significant portions of the population access 
to private and foreign broadcasts. State Television (RTV), state-owned 
Radio Romania (SRR), and the Europa FM radio network remained the only 
national broadcasters able to reach the majority of the rural 
population. Independent stations continued to enlarge their coverage by 
over-the-air, cable, and satellite transmissions.
    Television remained the most widely available source of 
information, with almost 80 percent of the population obtaining their 
information from television newscasts. In the spring, the CNA released 
a report showing that 92 percent of the population watched television, 
almost 70 percent of them every day, for a daily average time of almost 
4 hours. Approximately 95 percent of viewers watched the main newscasts 
on almost a daily basis. The report also showed that 66 percent of the 
adult population listened to radio and that over 90 percent of 
households had at least one television set.
    The print and electronic media generally reflected the political 
views of their owners and covered a wide range of the political 
spectrum. Private television stations tended to avoid direct criticism 
of the PSD Government and the former ruling party, particularly on 
corruption or other controversial issues. Media monitoring reports 
suggested that this reluctance was due to owners' fears that the 
Government would retaliate by seeking back taxes or auditing stations. 
Media NGOs such as the MMA and CIJ reported that primetime newscasts of 
the main national television and radio networks were generally biased 
in the former governing party's favor. MMA reports showed that the 
electronic media's flagship daily newscasts most heavily covered the 
ruling PSD and its president Adrian Nastase, who at the time was also 
Prime Minister, and almost always portrayed them in a positive context. 
This was particularly notable during the presidential and parliamentary 
campaigns. A MMA report showed that, in most television and radio prime 
time news from October 21 to November 3, the PSD presidential candidate 
was most frequently associated with acts deemed positive, while the 
opposition candidate was generally associated with acts deemed 
negative. NGOs also reported that broadcast media substantially failed 
to cover allegations of fraud in the November 28 parliamentary and 
first round of presidential elections.
    In March, the CNA prohibited a radio spot by the Bucharest daily 
newspaper Evenimentul Zilei that referred to acts of corruption 
involving then ruling PSD political figures featured in the newspaper's 
articles. The council asserted that the spot represented indirect 
political campaigning. Evenimentul Zilei asserted that the ban was a 
form of censorship exerted by the PSD through the council.
    During the local election campaign, on June 6, the PSD filed a 
complaint against a private radio network, Radio Total, for a critical 
statement made by an NGO representative who was a guest on an election 
day program regarding the situation in her Bucharest neighborhood. 
Although the guest did not mention the name of the PSD mayor of the 
city sector, the ruling party considered the statement ``a negative 
campaign for their candidate'' on election day, when campaigning and 
other politically motivated activities were not legally permitted. The 
CNA fined the station. Two plainclothes police officers visited the 
station, stating they had come to ``personally'' deliver the PSD's 
complaint and speak with the reporter who interviewed the NGO 
representative. Evenimentul Zilei reported that it had similar 
experiences with police authorities.
    Parliamentarians and their political allies purchased numerous 
independent media outlets in the provinces. In the spring, the 
respected financial magazine Capital published research indicating that 
politicians from the then governing PSD owned and controlled half of 
local television stations, either directly or through alleged 
intermediaries. The research commented that the only way a small local 
television station could survive was to reflect the political 
orientation of its owner, which enabled it to attract more advertising 
revenue to help deal with its financial problems. The research quoted 
sources as saying that local businesspeople in many regions were afraid 
to advertise in independent media outlets because they could suffer 
retaliation by financial authorities as the result of PSD pressure. 
Several British Broadcasting Company (BBC) affiliate stations, 
subsequent to their purchase, cut off BBC Romanian Service news 
programs, allegedly due to PSD pressure. Media watchdog groups warned 
numerous times about the lack of independence in many local media 
outlets, mostly due to financial constraints and pressure from local 
authorities.
    During the year, threats and physical violence against journalists 
continued. There were reports of harassment, intimidation, various 
forms of pressure, and violence against journalists who were perceived 
as overly critical of national and local authorities. Some of this 
pressure allegedly occurred with at least tacit support of government 
and party officials. According to a MMA survey released in November, 60 
percent of journalists polled reported having been pressured at some 
point by authorities to stop investigative reporting or to refrain from 
publishing the results.
    The media reported several instances in which journalists from 
local newspapers received threatening telephone calls or had their 
finances subjected to scrutiny by local officials after they revealed 
alleged illegalities committed by local officials, such as their 
building luxurious villas or participating in businesses or activities 
that were subject to conflict of interest legislation.
    In addition, the media reported cases of journalists who were 
videotaping various events, including arrests or investigations, being 
assaulted by local authorities or by relatives or acquaintances of the 
persons being filmed. Such incidents occurred in public places, 
including court buildings; the media reported that gendarmes and police 
frequently did not intervene. Some journalists in the provinces 
continued to face verbal harassment and even violent treatment from 
local authorities.
    The MMA reported that in February, Hungarian-based journalist Zsolt 
Bayer, from the Hungarian publication Magyar Nemzet, was prevented from 
entering the country by border authorities. The authorities refused to 
state the reason for their actions, although Bayer was well known for 
his reporting in support of regional autonomy for ethnic Hungarians 
living in the country.
    In March, magistrate Filip Victoria physically attacked Emil 
Soldan, a journalist from Orizont newspaper in Pascani, at the local 
city hall while Soldan was taking photos. Soldan had previously written 
several critical articles about the judge, accusing him of making 
personal profit from his position.
    Also in March, Catalin Stefanescu, a reporter for Ziarul de Iasi, 
received death threats over the telephone after he reported on alleged 
illegal hunting in which the then mayor of Movileni locality was 
involved. A police investigation reportedly showed that the calls came 
from the mayor's house.
    In June, the media reported that, in Targu Ocna, Mayor Stefan 
Silochi punched a female journalist, Mariuca Bobosa of the local daily 
Ziarul de Bacau, while she was filming a political rally from her car. 
Bobosa reported the incident to the police and also filed several court 
cases against the mayor; authorities were still investigating the case 
at year's end. Another journalist, Luminita Patrateanu from the daily 
Monitorul de Bacau, reported that Mayor Silochi had threatened her as 
well and said he ``would kill all journalists'' who write critical 
reports about him.
    The media reported that, in June, the former mayor of the city of 
Bacau had a phone conversation with Sebi Sufariu, of the local 
newspaper Gazeta de Bacau, in which he threatened the journalist with 
death. The former Bacau mayor accused the media of being responsible 
for his election defeat. The newspaper filed a complaint against the 
former mayor. Similarly, in Vrancea County, daily Ziarul de Vrancea 
allegedly received repeated pressure and threats from local officials 
throughout the year, including from the president of the county 
council.
    Journalists and media watchdog groups repeatedly expressed concern 
that publications printing investigative reporting against the PSD-led 
government faced direct or indirect pressure to curtail this reporting 
or change editorial views. In September, 55 journalists from the 
national daily Evenimentul Zilei signed a public letter protesting 
editorial pressures from the Swiss owner company Ringier, which was 
accused of being pressed by the PSD to soften the newspaper's 
antigovernment tone. Among many other allegations, Evenimentul Zilei 
reporters asserted that information on an investigation into a business 
run by the sister of the then prime minister was taken from their 
computers and printed in another daily published by Ringier, the 
tabloid Libertatea. The Libertatea article printed only the point of 
view of the prime minister's sister.
    Some Evenimentul Zilei reporters alleged they had been harassed and 
threatened, particularly during the parliamentary and presidential 
campaign. In December, a secret services officer allegedly told a 
reporter that Evenimentul Zilei journalists should tone down their 
reports, otherwise their lives would ``be put in danger.'' He 
reportedly said that the journalists might be beaten on the street when 
they left their offices and the attack could be disguised as a robbery.
    In September, reporters of the national daily Romania Libera 
similarly initiated a protest against the German owner of the newspaper 
WAZ. The reporters and the daily's editorial board accused WAZ of 
attempting to change the newspaper's reporting and editorial tone due 
to Government pressure.
    In October, investigative journalist Cornel Ivanciuc of the 
Academia Catavencu weekly alleged that he had been indirectly 
threatened by then Defense Minister Ioan Mircea Pascu. A former 
Romanian ambassador reportedly told Ivanciuc that Pascu wanted him to 
``calm down'' and ``mind his own business'' with regard to an 
investigative report he was researching on a classified document held 
by the Ministry of Defense. Ivanciuc claimed the ambassador recounted 
elements of a private telephone discussion with a source about the 
document, leading Ivanciuc to believe his conversations had been 
intercepted and taped.
    In October, the Senate withdrew the accreditation of the national 
daily Romania Libera for covering its activities. Romania Libera had 
printed an article alleging that the PSD general secretary of the 
Senate promoted employees in exchange for sexual favors. The Senate 
also asked Romania Libera to apologize publicly for the article. 
Following pressure from other media outlets, key civil society and 
legal figures, the Senate restored Romania Libera's accreditation.
    In early December, RTV-1 news reporter Alexandru Costache, backed 
by several of his colleagues, denounced what he called government-
pressured censorship and manipulation in an open letter to Evenimentul 
Zilei, accusing the station of deliberate and biased coverage in favor 
of the ruling PSD party during the Romanian presidential campaign 
runoff elections. The day after the letter was published, the station 
manager threatened Costache and his colleagues with arrest, prompting 
media NGOs such as MMA and Reporters Without Borders to offer the 
journalists legal protection and judicial assistance. The station 
reportedly responded by initiating internal ethics investigations into 
the journalists' actions.
    During the year, there was no progress in several investigations 
into violence against journalists that occurred in 2003. Authorities 
failed to find the assailants in a case involving a journalist in 
Timisoara, who was severely beaten in December 2003. The reporter, who 
worked for the Timisoara bureau of the influential national daily 
Evenimentul Zilei, had frequently criticized ruling PSD party officials 
and their business activities in Timis County. The victim sued the 
police. Local officials were critical of law enforcement authorities 
for their lack of progress in the investigation.
    Investigators also failed to identify the persons who beat two 
journalists from Romania Libera and Evenimentul Zilei in July 2003. The 
journalists had written numerous reports on alleged illegal activities 
of local authorities and miners' leaders in the region.
    In April, authorities arrested several persons in the case of 
Szoltan Csondy, a journalist in Miercurea Ciuc working for the 
Hungarian-language paper, Hargita Nepe. Attackers in the hall of his 
apartment building had seriously injured him in December 2003. The 
journalist was known for his investigations into the city's underworld, 
in particular the activities of a local businessman, Istvan Csibi. 
Authorities arrested Csibi, who was linked to other crimes including 
attempted murder, robbery, and assault, and several of his accomplices; 
at year's end, there were more than a dozen court cases underway 
against Csibi.
    During the year, the newspaper Gazeta de Sud appealed court-awarded 
damages of approximately $18,000 (600 million lei) to a past prefect of 
Olt County, Marin Diaconescu, for its reporting on the prefect. The 
General Prosecutor's Office rejected the appeal.
    Laws restricting freedom of speech continued to cause concern among 
the media and NGOs. The offense of insulting authorities can be 
punished with a fine. In addition, the Government can punish libel with 
a prison term of 2 to 24 months, which can be increased to 3 to 36 
months if the libel was directed at public officials. In addition, 
Article 168 of the Penal Code provides criminal penalties for spreading 
false information aimed at attacking national security. In June, 
Parliament adopted a new Penal Code which lowered the punishment for 
libel to 10 to 120 ``days-fine,'' meaning a sentence is given as a 
number of days and the person receiving the sentence must pay a fine of 
between $3.30 and $33 (100,000 and 1,000,000 lei) for each day. The new 
Penal Code is scheduled to take effect in June 2005.
    There were increased allegations of progovernment bias and self-
censorship inside the state-owned Radio Romania (SRR). In April, a 
group of SRR news reporters made accusations regarding what they called 
sophisticated censorship in the newsroom. Cerasela Radulescu, one of 
the protesters, and members of opposition political parties charged 
that critical statements about former prime minister Adrian Nastase and 
other PSD officials were often edited out of the stories airing in the 
main newscasts and moved to other, less watched newscasts. In early 
December, Radulescu spoke publicly about her case, stating that the 
situation inside SRR has not changed significantly and that she had to 
move to another department because of management pressure and 
impediments to her work.
    In March, a producer working for the local station of the state-
owned RTV network in Timisoara alleged that network management had 
dismissed him in order to limit the material on the air.
    During the year, a local court in Gorj County rejected a suit that 
a former editor and producer at the RCS television station brought 
against the station for failing to take action against RCS management's 
alleged censorship policies. The editor/producer left her job in March 
2003 after her show was cut off in midbroadcast while she was 
discussing corruption scandals involving local leaders. In November, a 
Craiova Court decided that it was indeed a case of censorship and not a 
technical problem as management insisted. The Court ordered the CNA to 
sanction the television station.
    The Government did not restrict access to the Internet or academic 
freedom; however, media reported that some sites with anti-PSD content, 
or that included embarrassing private transcripts from PSD meetings on 
governmental issues, were attacked or shut down.

    b. Freedom of Peaceful Assembly and Association.--The Constitution 
provides for freedom of assembly, and the Government generally 
respected this right in practice. The law provides for unarmed citizens 
to assemble peacefully, but states that meetings must not interfere 
with other economic or social activities and may not be held near 
locations such as hospitals, airports, or military installations. 
Permits are not required to assemble in some public places. However, 
when required, demonstration organizers must apply for a permit in 
advance. Authorities may prohibit a public gathering by notifying the 
organizers in writing within 48 hours of receipt of a permit request. 
The law prohibits counterdemonstrations that coincide with scheduled 
public gatherings. The law prohibits fascist, Communist, racist, or 
xenophobic symbols (such as statues of war criminals on public land), 
ideologies, or organizations. Participants in unauthorized 
demonstrations may be fined.
    The Constitution provides for freedom of association, and the 
Government generally respected this right in practice. Political 
parties are required to have at least 25,000 members to have legal 
status, a number that some NGOs have criticized as being inordinately 
high.

    c. Freedom of Religion.--The Constitution provides for freedom of 
religion, and the Government generally respected this right in 
practice; however, there were some restrictions, and several minority 
religious groups continued to claim credibly that government officials 
and Romanian Orthodox clergy impeded their proselytizing and interfered 
with other religious activities.
    The Government requires religious groups to register. However, 
there is no clear registration procedure. The lack of specific 
registration requirements made it almost impossible for groups to 
receive religious status under the law.
    The Government gives official religious status to 17 religions. 
Only these recognized religions are eligible to receive state financial 
support. Recognized religions have the right to establish schools, 
receive state funds to build churches, pay clergy salaries, subsidize 
clergy housing, broadcast religious programs on radio and television, 
apply for broadcasting licenses for denominational frequencies, and 
enjoy tax-exempt status. The Government also registered religious 
groups as either religious and charitable foundations or as nonprofit 
cultural associations.
    The law provides for peaceful religious assembly; however, several 
minority religious groups again complained that, on various occasions, 
local authorities and Orthodox priests prevented religious activities 
from taking place, even when their organizers had been issued permits. 
The Evangelical Alliance continued to report difficulties obtaining 
approval to use public halls for religious activities following 
pressure by Orthodox priests. In some cases, Orthodox priests incited 
the local population against activities by the Seventh-day Adventist 
Church, the Church of Jesus Christ of Latter-day Saints, and members of 
Jehovah's Witnesses. The press reported several instances of Romanian 
Orthodox clergy harassing members of other faiths, such as pressuring 
non-Orthodox school children to attend Orthodox religion classes or not 
allowing members of religious groups to proselytize near Orthodox 
churches.
    Government building permit regulations equally allow recognized and 
unrecognized religious groups to build places of worship. Although most 
minority religious groups declared that they had received permits to 
build places of worship without difficulty, some continued to complain 
that permits were unduly delayed.
    Several religious groups made credible complaints that, in some 
instances, local police and administrative authorities tacitly 
supported sometimes violent societal campaigns against proselytizing. 
In some localities, legal proselytizing was perceived as being directed 
at adherents of established churches, and conflicts occurred. Members 
of Jehovah's Witnesses and the Seventh-day Adventist Church continued 
to report such cases.
    Religions with the highest concentration in a locality have the 
right to teach religion in public schools; however, a number of 
religious groups, including the Greek Catholic Church, the Baptist 
Church, Jehovah's Witnesses, and the Seventh-day Adventist Church, 
reported that they had been unable to hold classes because of the 
Orthodox clergy's influence. Additionally, the Seventh-day Adventist 
Church and Jehovah's Witnesses reported cases of children who were 
pressured to attend Orthodox religion classes.
    A 2002 law provides for the restitution of large numbers of 
religious properties, but not places of worship. Pursuant to this law, 
religious groups submitted 7,568 property restitution claims by March 
2003. Religious minorities frequently did not succeed in regaining 
possession of these properties, because many housed state offices, 
schools, hospitals, or cultural institutions that would require 
relocation, and lawsuits and protests by occupants delayed their 
physical return. A national commission began operation in June 2003 to 
consider restitution on a case-by-case basis. This process of 
systematic religious property restitution resulted in the return of 574 
buildings since June 2003.
    The Greek Catholic, or Uniate, Church made only limited progress in 
recovering properties taken by the Romanian Orthodox Church after their 
forced merger in 1948. The exclusion of places of worship from the 2002 
restitution law primarily affected Greek Catholics; the Communists 
generally did not seize churches of other faiths. Authorities have 
returned only a handful of the approximately 2,600 Greek Catholic 
churches and monasteries taken. Apparently to avoid restitution, the 
Orthodox Church demolished many Greek Catholic churches under various 
pretexts, such as being structurally unsafe. A Greek Catholic-Orthodox 
commission continued to make little progress in resolving the 
restitution of the Greek Catholic churches from the Orthodox Church. 
Many courts refused to rule on restitution of Greek Catholic churches 
because of a 1990 decree mandating that dialogue between the two 
churches resolve the issue. In August, the Government issued a decree 
permitting the Greek Catholic Church to resort to court action whenever 
the bilateral dialogue fails; the Orthodox Church had urged the Greek 
Catholic Church to choose between dialogue and court action earlier in 
the year.
    The historical Hungarian churches, including the Hungarian Roman 
Catholic and the Hungarian Protestant Reformed, Evangelical, and 
Unitarian churches, received only a small number of their properties 
back. Government decrees ordered the return of 33 buildings out of 
1,630 buildings confiscated from those denominations, but they were 
able to take actual possession of only approximately 20. The 2002 law 
restituting church property returned 340 buildings to the Hungarian 
churches. The Jewish community received 42 buildings by government 
decree, but has obtained full or partial possession of only 29. The 
community also received back 48 additional buildings since June 2003 
under the law on religious property.
    In March, unidentified persons broke into a synagogue in Bacau and 
broke its windows. In August, Nazi and anti-Semitic signs were found on 
the inside of the walls of the Jewish cemetery in Sarmasu, Mures 
County. Authorities have not identified the perpetrators in either of 
these cases. There were no developments in the 2000-2003 desecrations 
of Jewish synagogues and cemeteries.
    The extremist press continued to publish anti-Semitic articles. The 
Legionnaires (Iron Guard), an extreme nationalist, anti-Semitic, pro-
Nazi group, continued to republish inflammatory books from the interwar 
period. In March, a private television station broadcast a talk show on 
``Gypsies, Jews, and Legionnaires,'' which voiced xenophobic, anti-
Semitic, and racist views. The station owners did not respond to a 
protest sent by the Jewish Communities Federation.
    Extremists made repeated attempts to deny that Holocaust activities 
occurred in the country or in Romanian-administered territory. 
Religious services (services for the dead) for legionnaire leaders 
continued to be held in individual Orthodox churches.
    In June 2003, the Government denied the occurrence of the Holocaust 
within the country's World War II borders in a communique but 
subsequently retracted the statement and assumed responsibility for the 
World War II pro-Nazi regime's crimes against Jews. Although government 
spokesmen claimed that someone not authorized to do so had inserted the 
phrase containing the denial, the person responsible was neither 
identified nor reprimanded. In July 2003, in an interview with an 
Israeli newspaper, then President Iliescu appeared to minimize the 
Holocaust by claiming that suffering and persecution was not unique to 
the Jewish population in Europe. He later said that his interview had 
been presented in an incomplete and selective way.
    In September 2003, the Government released a teaching manual for 
schools that dealt with Holocaust denial and provided figures for the 
number of Jews killed, details about concentration camps, death 
chambers, and the persecution of Roma, homosexuals and Jehovah's 
Witnesses. However, education on the country's role in the Holocaust 
was still limited and lacked a unified approach. In October 2003, the 
Government established an International Committee on the Holocaust in 
Romania to analyze and to improve public understanding of Holocaust 
events in the country. In November, the Committee, chaired by Nobel 
Prize Laureate Elie Wiesel and given full access to archives and other 
documents, submitted a report on its findings that detailed the history 
of the Holocaust in the country as well as the commission's conclusions 
and recommendations on how the Government could foster Holocaust 
awareness, remembrance, research and education. In May, the Government 
established an annual Holocaust Remembrance Day on October 9, a date 
selected to mark the Antonescu regime's initial order for the 
deportation of thousands of victims from Bassarabia and Bukovina to 
Transnistria in 1941.
    The New Right (Noua Dreapta) organization (a small extremist group 
with nationalistic, xenophobic views) continued to harass verbally, and 
sometimes physically, members of the Church of Jesus Christ of Latter-
day Saints in Bucharest and Iasi. Many representatives of minority 
religions credibly complained that private and governmental 
organizations operating hospitals, children's homes, and shelters for 
the elderly often permitted only Orthodox priests to provide religious 
assistance in them. Charitable activities by minority churches in 
children's homes and shelters often were interpreted as proselytizing. 
Orthodox priests reportedly denied permission to the Greek Catholic and 
the Seventh-day Adventist churches to bury members in several rural 
localities; it was not clear whether church or public cemeteries were 
involved.
    In July, authorities charged an individual with dual Romanian and 
French citizenship with distributing nationalist-chauvinistic and 
fascist propaganda; the trial was in progress at the year's end.
    In July 2003, a Brasov resident was given a suspended 2-year 
sentence for nationalist-chauvinistic and fascist propaganda.
    In December, then President Iliescu awarded the Star of Romania, 
the highest honor awarded by the state, to a politician known for his 
anti-Semitic and xenophobic views and to a historian noted for denying 
the participation of the World War II Romanian government in the 
Holocaust. The actions prompted protests in the media and from 
international human rights and Jewish community leaders.
    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 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 March, the Parliament 
approved amendments to bring the law on refugees in line with the 1951 
Geneva Convention, although the U.N. High Commissioner for Refugees 
(UNHCR) criticized the brevity of deadlines for court rulings and the 
appeal process in the amendments. In April, the Government drafted, 
with the support of the UNHCR and other organizations, a National 
Strategy on Migration, which outlined the main principles underlying 
its policy toward refugees. The Government also adopted legislation on 
integration of refugees in May and on the protection of refugee 
children in June. The former entitles refugees who are granted a form 
of protection in the country to employment, accommodation, medical 
care, social assistance, education, counseling, and Romanian language 
courses.
    A 2003 law forbids expelling foreigners to a country where their 
lives may be in jeopardy. The law establishes a National Refugee Office 
(ONR) in the MOAI to receive, process, and house asylum seekers. A 
Refugee Integration Department was set up within the ONR. The 
Government reorganized the former Directorate for Foreigners and 
Migration Issues, which was subordinated to a directorate in the MOAI, 
under the Alien Authority, which reports directly to the Minister.
    In practice, the Government provided protection against 
refoulement, the return of persons to a country where they feared 
persecution. During the first 7 months of the year, the ONR received 
303 applications for asylum and 92 reapplications. Most of the 
applicants came from Iraq (91), China (60), and India (49). During the 
same period, 54 applications were approved.
    The Government also provided temporary protection to individuals 
who did not qualify as asylees or refugees; however, there were reports 
that the Government denied some applications for refugee status without 
grounds. According to local NGOs, some individuals who were credible 
refugees were denied refugee status due to corruption in some agencies 
and changes in the refugee law that did not apply retroactively. For 
example, authorities denied the application for refugee status of three 
Sudanese Christian refugees who entered the country in 2001 on the 
grounds that they did not meet the criteria for such status. NGOs 
reported that these grounds for denial appeared to be baseless and that 
the three Sudanese would face persecution if returned. The ONR later 
denied the refugees' requests for access to a new procedure on two 
different applications. Authorities allowed them to stay in the country 
in a ``tolerated status,'' which denies them access to social 
assistance and the right to work and move freely about the country. 
This status was contingent upon their ability to prove each month that 
they were actively seeking means to remove themselves from the country 
either to their homeland or another country. Senior officials at the 
Alien Authority confirmed that, in this status, they could be deported 
at any time.
    There were no voluntary repatriations during the first 7 months of 
the year.
    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 funded 
programs to integrate refugees into society; refugee-focused NGOs 
developed similar programs. However, programs for integrating refugees 
developed slowly and had very limited funds and resources. There were 3 
reception and accommodation shelters in Bucharest and a 20-bed shelter 
at the Bucharest Airport. The Alien Authority ran a detention shelter 
for illegal migrants close to the Bucharest Airport. Two additional 
shelters opened in Galati in May and Timisoara in February, with a 
capacity of 250 people each.
    The MOAI and the Labor Ministry funded programs to assist asylum 
seekers and refugees, although some experienced repeated administrative 
difficulties in obtaining protected status due to officials' requests 
for substantial documentation. Government financial support 
(reimbursable loans for 6 to 9 months) was minimal and usually not 
enough to cover basic needs. An increasing number of illegal migrants 
regarded the country as a transit point to other countries.
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 held parliamentary and presidential elections on 
November 28 and December 12. The parliamentary elections resulted in no 
political bloc emerging with a clear majority. The center-left PSD 
initially held 113 seats in the Chamber of Deputies and 46 seats in the 
Senate; the Romanian Humanist Party (PUR), which ran in alliance with 
the PSD, received 19 Chamber seats and 11 Senate seats; the center 
right Liberal-Democratic (PNL-PD) Alliance won 112 Chamber seats and 49 
Senate seats; the extreme nationalist Greater Romania Party (PRM) 
received 48 Chamber seats and 21 Senate seats; and the Democratic 
Alliance of Hungarians in Romania (UDMR) tallied 22 Chamber seats and 
10 Senate seats. In addition, 18 ethnic minority parties were accorded 
individual seats in the Chamber, as provided in the Constitution. PNL-
PD presidential candidate Traian Basescu's victory in the second round 
led to the formation of a new government at the end of the year by the 
PNL-PD, in coalition with the UDMR, PUR, and the ethnic minority 
representatives.
    The November 28 parliamentary and first round of presidential 
elections were characterized by widespread irregularities, precipitated 
primarily by the Government's decision to abandon use of previously 
issued electoral identification cards and to allow citizens outside 
their home districts to vote at any polling place across the country. 
There were widespread allegations of individuals voting in multiple 
locations, including some reports that political parties supported 
these activities. There were also accusations of abuse of the so-called 
mobile ballot boxes transported to elderly or infirm voters; the 
prolonged presence of elected officials in polling places contrary to 
the law; and the placement of campaign posters near polling places in 
contravention of the law. Civil society organizations and opposition 
parties also claimed the Central Electoral Bureau allowed fraud to take 
place at a national level during the electronic tabulation of votes, 
although subsequent inquiries were inconclusive. The civil society NGO 
Pro-Democracy announced it would not observe the second round due to 
the poor execution of the first round, but changed its decision after 
the Government agreed to take steps to diminish possibilities for 
fraud.
    In the second round of presidential elections on December 12, the 
Government limited the locations where voters outside of their home 
districts could vote, reducing the possibilities for multiple voting. 
However, the lack of sufficient alternate locations and the closure of 
these locations while many voters were still in line resulted in the 
disenfranchisement of hundreds and possibly thousands of voters, 
particularly in major cities. Members of the center-right opposition 
accused the PSD of intentionally restricting the vote in this manner, 
as transient voters in urban areas have historically supported the 
center-right. There were credible reports in some precincts that local 
officials or partisan election monitors instructed citizens on how to 
vote and instances of campaign posters being placed too close to polls.
    In June, the country held two rounds of elections for mayors and 
county and city councils. International and civil society election 
observers noted some problems, primarily related to allegations of 
campaigning and other political activities on election day and near 
polling places, despite legal prohibitions. There were also some 
reports of abuse of mobile ballot boxes. In Cluj County, NGOs expressed 
concern that voters who turned 18, the legal voting age, between the 
two rounds of elections were not permitted to vote in the second round 
although they were apparently permitted to do so in other parts of the 
country. Observers noted that many discrepancies appeared to result 
from varying interpretations of sometimes vague voting regulations and 
procedures, rather than from any clear attempt by local or national 
electoral officials to influence outcomes.
    The October 2003 referendum on proposed amendments to the 
Constitution was characterized by widespread efforts by government 
officials to ensure that it met the minimum 50 percent voter turnout 
required for the referendum to be legally valid. Civic action groups 
reported some notable irregularities, including political pressure on 
and by locally elected leaders and special lotteries and other material 
incentives to bring out the vote, and there were allegations of mobile 
ballot box abuse.
    The Government made limited progress toward combating high-level 
corruption. During the first half of the year, Parliament passed 
legislation that in effect softened anticorruption laws affecting high 
officials and public servants. Implementation of other anticorruption 
legislation remained poor. There were no convictions of high officials, 
despite the media focus on a series of corruption cases involving 
members of the Cabinet and the ruling party.
    At the same time, the Government took new measures to fight 
systemic corruption. It enacted legislation requiring certain public 
officials to file an asset disclosure statement, complementing 
anticorruption laws adopted in 2003 that clarified the definition of 
conflict of interest. The National Anticorruption Prosecutor's Office 
(PNA) is authorized to investigate charges of corruption based upon the 
offender's status as a public official, the amount of money involved in 
the corrupt activity, or the amount of loss to the public. Owing to a 
flood of minor cases inhibiting the PNA's work, an emergency ordinance 
was introduced during the year to restrict the PNA's jurisdiction to 
cases involving higher amounts of money--over $135,000 (100,000 
euros)--or high-level government officials.
    During the first 6 months of the year, the PNA opened 1,645 
criminal investigations, of which 604 were resolved. A total of 91 
cases involving 436 offenses and 221 individuals went to trial; a third 
of these cases involved persons in management positions. Of the cases 
that went to trial, 53 have resulted in the conviction of a total of 99 
individuals.
    In 2003, the PNA reported investigating 2,229 cases, of which it 
solved 951 cases and declined 563 cases for lack of jurisdiction; the 
remaining 751 cases were continued. In the resolved cases, the PNA 
drafted 146 indictments and tried 548 persons for a total of 1,428 
alleged offenses. Almost two-thirds of those charged were in management 
positions, including an ex-minister, 2 government counselors, the head 
of a government agency, a prosecutor, a judge, a mayor, 42 directors 
and inspectors, 26 financial or banking clerks, 130 police officers, 6 
public servants, 6 public order officers, 10 customs officers, 5 legal 
advisors, 5 financial guard officers, 20 military officers and 
noncommissioned officers, a lawyer, 2 university professors, and 90 
administrators of commercial companies. Only 22 of the 548 persons sent 
to trial received final sentences, which averaged 3 years and 2 months 
in custody. Since late 2002, the PNA has convicted approximately 250 
persons, or a quarter of those sent to trial.
    During the year, the PNA received authorization to add 94 new 
positions to its investigative staff and to increase the staff 
salaries, which already ranked among the highest in the judiciary.
    The PNA's mandate is to prosecute corruption at all levels without 
regard to the political affiliation of the accused. Although 
constitutional amendments in 2003 removed a number of procedural 
immunities that limited the prosecution of high public officials, the 
PNA has not yet demonstrated the ability to prosecute officials at this 
level successfully. Instead, PNA investigations of high officials 
tended to focus on members of former administrations, contributing to 
questions about the PNA's impartiality. In addition, prosecutors are 
obligated to open an investigation when presented a complaint that 
meets certain minimum standards. This made prosecutorial institutions 
less vulnerable to political influence, as all cases meeting minimum 
standards are investigated; however, it created a potential for persons 
to misuse the complaint process to gain political or economic advantage 
over a competitor.
    Although the law limits the areas in which Members of Parliament 
may maintain a private legal practice, there was no visible enforcement 
mechanism for this rule.
    The country has a transparency law that provides for transparency 
of decision making. While the transparency law does not specifically 
require the Government to provide documents or information in response 
to citizens' requests, a separate law regarding freedom of information 
requires all public institutions to answer such inquiries. In practice, 
political decisionmaking was typically carried out with little 
transparency. The transparency law requires all central and local 
elected or appointed public administration authorities to make public 
draft laws and to consult with citizens and NGOs; however, authorities 
in areas of national defense and security, public order, and country's 
political and economic strategic interests, and other areas with 
classified information are exempted. In most cases, the authorities 
considered consultations with the civil society a formality. NGOs 
reported that, even when asked their opinion during the year on a draft 
law, the Government often ignored their proposals. The press is not 
allowed to attend the debates of the parliamentary commissions. Some 
ministries, such as the Ministry of Information Technology and 
Communications, complied with the consultation requirements, but not 
all did so.
    While the law does not restrict women's participation in government 
or politics, societal attitudes were a significant barrier. In the new 
Parliament, 38 of 332 deputies and 13 of 137 senators were women. None 
of the 42 county prefects (appointed representatives of the central 
Government) who served under the PSD government were women. At year's 
end, the newly elected PNL-PD Government had appointed only 36 of the 
42 prefects, of which 1 was a woman. There were 3 women in the new 25-
member Cabinet.
    There were 50 members of minorities in the 469-seat Parliament. The 
Constitution and law grant each recognized ethnic minority one 
representative in the Chamber of Deputies if the minority's political 
organization cannot obtain 5 percent of the votes needed to elect a 
deputy outright. Organizations representing 18 minority groups 
qualified for deputies under this provision in November.
    Ethnic Hungarians, represented by the UDMR, obtained parliamentary 
representation through the normal electoral process. Roma were 
underrepresented in Parliament, having only one representative; low 
Romani voter turnout and internal divisions within the Romani community 
worked against the consolidation of votes for any single candidate, 
organization, or party. There were two Romani parliamentarians. During 
the year, the PSD had protocols of cooperation in effect with the 
German, Hungarian, and Romani minorities.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    A number of domestic and international human rights groups 
generally operated without government restriction, investigating and 
publishing their findings on human rights cases. Government officials 
were generally cooperative and responsive to NGOs, although some 
offices were slow to respond to inquiries.
    Domestic human rights monitoring groups included APADOR-CH, the 
League for the Defense of Human Rights (LADO), the Romanian Institute 
for Human Rights, Pro Europa League, the Open Society Foundation, the 
Institute for Public Policy, and several issue-specific groups such as 
the Center for Independent Journalism, the Media Monitoring Agency, 
Accept, Romani CRISS, the Pro Democracy Association, and a local office 
of Transparency International. Other groups, such as political parties 
and trade unions, also monitored the observance of human rights. These 
groups, as well as international human rights organizations, functioned 
freely without government interference.
    An ombudsman's office worked to protect citizens from abuse by 
public officials. In the first 9 months of the year, the office 
received 2,754 complaints, many of which it rejected because they 
involved problems requiring judicial action, which power the 
ombudsman's office does not possess. The office, which dealt not only 
with human rights, but also with all facets of citizens' interaction 
with the Government, was only moderately effective due to its limited 
authority and resources.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The Constitution forbids discrimination based on race, nationality, 
ethnic origin, language, sex, opinion and political allegiance, wealth, 
or social background; however, in practice, the Government did not 
enforce these provisions effectively, and women, Roma, and other 
minorities were subject to various forms of discrimination.
    The law prohibits discrimination based on a number of factors and 
enables persons to sue on the grounds of discrimination. In August 
2003, a new ordinance increased fines for discriminatory acts up to 
approximately $1,200 (40 million lei). The National Council on 
Combating Discrimination is responsible for enforcing this law.

    Women.--Violence against women, including rape, continued to be a 
serious problem. Both human and women's rights groups reported that 
domestic violence was common. According to a 2002 U.N. survey, 45 
percent of women have been verbally abused, 30 percent physically 
abused, and 7 percent sexually abused. While the law allows police 
intervention in domestic violence cases, there is no specific law to 
address spousal abuse or rape. The prosecution of rape cases was 
difficult because it required both a medical certificate and a witness, 
and a rapist could avoid punishment by marrying the victim. The 
successful prosecution of spousal rape cases was almost impossible. In 
June 2003, the Government moved responsibility for controlling domestic 
violence from the Ministry of Health to the Ministry of Labor and 
Social Solidarity. In January, the National Agency for Family 
Protection, an entity reporting to the Ministry of Labor and Social 
Solidarity, assumed responsibility for domestic violence cases. The law 
provides the same penalties for rape and sexual abuse without regard to 
the victim's gender; however, implementing regulations have not been 
completed.
    There were reports of trafficking in women (see Section 5, 
Trafficking).
    The Constitution grants women and men equal rights; however, in 
practice, the Government did not enforce these provisions, nor did 
authorities focus attention or resources on women's issues.
    The law prohibits any act of gender discrimination, including 
sexual harassment. Few resources were available for women to deal with 
economic discrimination. Despite existing laws and educational 
equality, women had a higher rate of unemployment than men, occupied 
few influential positions in the private sector, and earned lower 
wages. A department in the Ministry of Labor and Social Protection was 
responsible for advancing women's concerns and family policies, 
including organizing programs for women, proposing new laws, monitoring 
legislation for sexual bias, targeting resources to train women for 
skilled professions, and addressing the problems of single mothers. 
There is an ombudsman in the Department for Child, Woman, and Family 
Protection to resolve complaints of discrimination.

    Children.--The Government administered health care and public 
education programs for children, despite scarce resources that limited 
the availability of services. International agencies and NGOs 
supplemented government programs in these areas.
    Education was free and compulsory through the tenth grade. After 
the tenth grade, schools charged fees for books, which discouraged 
attendance for lower income children, particularly Roma. During the 
2002-03 school year, approximately 99.8 percent of primary school-age 
children attended school, including kindergarten, according to the 
Ministry of Education. Overall, participation in the compulsory 
education system through grade 10 increased to 72.9 percent in 2002-03. 
The dropout rate during the 2002-03 school year was 1.25 percent in the 
compulsory education system.
    The vast majority of HIV/AIDS cases in Romania (75.9 percent) 
involved children less than 14 years old. The National Union of the 
Organizations of Persons Affected by HIV/AIDS (UNOPA) reported that 
many children infected with HIV/AIDS suffered from interruption of 
treatment, limited access to schools, and delayed food allowances.
    In June, Parliament passed comprehensive child welfare legislation 
that addresses children's rights, including establishing a children's 
court. The law is scheduled to take effect in January 2005; 
implementing legislation was adopted in August. During the year, 
children's courts mandated by the law became operational in two cities, 
Brasov and Iasi. Parliament also adopted new standards for providing 
services to abused and neglected children.
    New adoption legislation nearly halted foreign adoption by limiting 
international adoptions to grandparents. At year's end, hundreds of 
cases that were in process when the law passed remained pending. The 
legal prohibition of foreign adoption and an increasing rate of child 
abandonment in hospitals (5,000 in 2003 and 2,500 by June) strained 
government resources.
    Laws to protect children from abuse and neglect were inadequate, 
and there were reports that abuse of children was a problem. While 
there are criminal penalties, there was no consistent policy or 
procedure for reporting child abuse and neglect and no system for 
treating families who abuse their children. A task force coordinated by 
the National Authority developed standards, training, policies, and 
procedures for dealing with the problem.
    Although illegal, marriages between Romani children under the age 
of consent were common. In October 2003, the Government ordered a 12-
year-old Romani girl and a 15-year-old Romani boy separated and all 
intimate relations between them halted after a highly publicized 
marriage. However, human rights groups and the media reported that such 
marriages continued, frequently without notice or intervention by 
authorities.
    Trafficking in girls for the purpose of forced prostitution was a 
problem (see Section 5, Trafficking).
    Living conditions have improved in most childcare institutions in 
recent years. More than half of the 106,000 children in public care 
were placed with families (extended family, foster care), while the 
number of children remaining in state residential care (including 
special schools) dropped to 26,600. In practice, children below the age 
of 2 were no longer placed in institutions, but were instead placed 
with foster parents or extended families. A methodology for the closure 
of large residential institutions was being implemented; 50 large 
institutions were closed in 2003, although 62 traditional, dormitory-
style institutions still housed over 100 children each. By April, 560 
prevention and family reintegration services had been established 
(mother and baby centers and counseling services).
    A growing number of services were available to support children 
with disabilities and their families to prevent their removal from 
home.
    Child labor was a problem (see Sections 5, Trafficking and 6.d.)
    A number of impoverished and apparently homeless children were 
visible on the streets of larger cities. While the Government did not 
have statistics on scope of the problem, police reports and social 
workers' estimates have placed the number of street children nationwide 
at 1,500. This number was lower than had been estimated in the past and 
questionable, given that street children were extremely difficult to 
count.
    Approximately half of the children remaining in the large childcare 
institutions were between the ages of 14 and 18. Without changes to the 
system, a significant number were likely to leave these institutions 
with no skills and employment and no ability to earn a living or obtain 
housing. There was no systematic provision of labor market information, 
skills training, or job placement services for such persons and there 
was a high probability that they would gravitate to the streets, 
engaging in prostitution or crime. Although independent living programs 
were more widespread, a growing number of young persons were in need of 
these services.
    The law requires the National Agency for Employment to provide up 
to 75 percent of the median national salary to employers for hiring 
persons between 16 and 25 years who are at risk of social exclusion. 
Effective January 2005, the new law provides that youth leaving the 
state institutional system may receive state assistance for an 
additional 2 years, during which they would receive skills training for 
independent living.
    NGOs working with children remained particularly concerned about 
the number of minors in prison and continued to seek alternative 
solutions, such as parole (see Section 1.c.). Because time served while 
awaiting trial counts toward prison sentences, but not toward the time 
to be served in a juvenile detention center, some minors actually 
requested prison sentences.

    Trafficking in Persons.--The law prohibits trafficking; however, 
trafficking in persons continued to be a serious problem. There were 
some reports of police involvement in trafficking.
    The law defines trafficking as the use of coercion to recruit, 
transport, harbor, or receive humans for exploitation. Coercion 
includes fraud or misrepresentation. Exploitation includes slavery, 
forced labor, prostitution, performance in pornographic films, organ 
theft, or other conditions that violate human rights. For minors under 
the age of 18, it is not necessary to prove coercion.
    The law provides for 3 to 12 years' imprisonment for trafficking in 
minors between 15 and 18 years of age. Sentences are increased to 5 to 
15 years for trafficking in minors under age 15, if there are two or 
more victims, or if a victim suffers serious bodily harm or health 
problems. The sentence for trafficking that leads to the death or 
suicide of the victim is 5 to 25 years. These penalties are increased 
by 3 years if the trafficker belongs to an organized crime group and by 
2 years if coercion is applied against minors. Initial consent of a 
trafficked person does not exempt the trafficker from liability.
    The Government increased its efforts against trafficking ,and 
police officers continued to pursue cases via their Human Trafficking 
Task Force. The police assigned 15 officers at headquarters in 
Bucharest and over 87 officers in 15 zonal centers across the country 
to investigate trafficking. Of the 87 officers assigned to zonal 
centers, 42 were women who had received training in antitrafficking 
procedures. They continued to expand interagency and local resources 
assigned to trafficking, and the Government established itself as a 
strong participant in regional law enforcement cooperation. In 
addition, the Government, through the Interministerial Working Group 
(IWG), began the process of creating an office at the national level, 
which would coordinate all trafficking-related matters and focus on the 
protection of victims. During the first 9 months of the year, police 
identified a total 964 victims of trafficking (573 women, 391 men). Of 
this number, 217 were minors (80 boys, 137 girls). A total of 934 
individuals were under investigation for violations connected with 
trafficking, and, as of September, police had arrested 162 suspects and 
dismantled 208 trafficking networks. Authorities obtained 74 final 
convictions under the new trafficking laws. This contrasted with 2003, 
when police identified 658 crimes, investigated 488 persons and 
arrested 146, and dismantled 210 groups.
    The country was a member of the Southeast European Cooperative 
Initiative (SECI) Center, a multinational organization composed of 12 
governments with the purpose of combating transborder crime in the 
region. The Government participated actively with other SECI members in 
carrying out operations against trafficking. In February, with the 
facilitation of the Romanian Human Trafficking Taskforce manager, sex 
trafficking victims from Moldova testified in a Serbian court, which 
resulted in prison terms for 14 traffickers. In May and June, 
investigators from Romania and Turkey interviewed victims of a sex-
trafficking ring in Turkey, which resulted in the arrest of five 
offenders and the immediate repatriation of five Romanian women. In 
July, a prosecutor and a police officer traveled from Bucharest to 
Spain to help shut down a Romanian operation which had trafficked 40 
women.
    During the year, the Prosecutor General's office had prosecutors in 
place throughout the country to prosecute trafficking and related 
cases. The Government prosecuted a few cases of pimping during the 
year. Prosecutions based on indictments under the trafficking law 
continued.
    In September, the Government participated in the launch of the SECI 
Regional Anticrime Center's Operation Mirage 2004, which was aimed at 
countering trafficking and illegal migration in the Balkan region. 
During the operation, police identified 393 Romanian victims and 261 
traffickers, and arrested or charged 130 traffickers.
    The country was an origin and transit point for trafficked women 
and girls from Moldova, Ukraine, and other parts of the former Soviet 
Union who were trafficked to Bosnia, Serbia and Montenegro (including 
Kosovo), Macedonia, Turkey, Albania, Greece, Cyprus, Italy, France, 
Germany, Hungary, the Netherlands, Poland, Spain the United Arab 
Emirates, Japan, and South Korea for sexual exploitation. Due to 
changing trafficking patterns, the International Organization for 
Migration (IOM) noted that it was not possible to estimate accurately 
the number of trafficked women. In 2003, the route of trafficking and 
the modus operandi changed. Recent trends indicated that traffickers 
rented private apartments, rather than using public bars and brothels, 
to conduct their illicit activities. Clandestine locations complicated 
the already difficult task of finding the victims and allowed 
traffickers to operate with less concerns about local authorities. In 
2003, fewer victims were trafficked to the former Yugoslavia and a 
higher number of victims were trafficked to Western Europe. However, 
trafficking routes generally went from the border with Moldova to all 
Balkan countries. This pattern did not change during the year. Iasi and 
Timisoara remained major transit centers. While victims were primarily 
women and girls trafficked for sexual exploitation, there were reports 
that men were trafficked to Greece for agricultural labor.
    For the year, the IOM reported that it assisted 130 trafficking 
victims, all of who were female, and 16 of who were minors. Of these, 
120 victims were repatriated back to the country, and 21 were provided 
with integration assistance.
    As of June, the country had approximately 34,000 children in 
orphanages, some of which reportedly paid insufficient attention to the 
dangers of girls being trafficked from their facilities. Persons forced 
out of orphanages between the ages of 16 and 18 often had no identity 
documents, very little education, and few, if any, job skills. NGOs 
believed that many girls from orphanages were unaware of the danger and 
fell victim to trafficking networks.
    Women were frequently recruited by persons they knew or by 
newspaper advertisements. A friend or relative would make the initial 
offer, often telling the victim that she would obtain a job as a baby 
sitter or waitress. According to the IOM, most women were unaware that 
they would be forced into prostitution. A minority of trafficked women 
were sold into prostitution by parents or husbands or kidnapped by 
trafficking rings. Government officials reported that trafficking rings 
appeared to be operated primarily by citizens; several domestic 
prostitution rings were active in trafficking.
    The Government continued to recognize that corruption in the 
police, particularly local forces, was a problem. The majority of the 
corrupt officers work for the Border Police and the Customs Agency. The 
Government continued training and made personnel changes in law 
enforcement agencies to improve the response to trafficking. Police 
continued to investigate suspected trafficking through border crossing 
checks, with Border Police questioning victims and attempting to 
identify traffickers. Organized Crime Directorate officers assigned to 
investigate trafficking questioned suspects who were identified by 
victims.
    The law requires the Government to protect trafficking victims and 
authorizes undercover operations and electronic surveillance against 
traffickers. The law also eliminates criminal penalties for 
prostitution if the victim surrenders to authorities or cooperates in 
the investigation of traffickers.
    The Government generally provided little aid to repatriated 
victims. The IOM, the MOAI, and a small number of local NGOs dealt with 
trafficking issues. The IOM and the MOAI continued to operate a shelter 
in Bucharest for up to 10 victims with the assistance of Romanian 
Orthodox Church social workers, NGOs in Bucharest, and the National 
Office for Refugees. The NGO Reaching Out continued to operate a 
shelter in Pitesti, and the local NGO Alternative Sociale continued to 
operate a shelter in Iasi with support from the IOM, the Orthodox 
Church, and limited support from the Government. The Government opened 
two of the nine shelters required by law, one in Mehedinti and the 
other in Timis.
    During the year, numerous media stories and antitrafficking 
messages on government-sponsored television raised awareness of the 
problem. All relevant ministries participated in an IOM-coordinated 
Counter Trafficking Steering Committee and the IOM, with some support 
from foreign governments, continued its campaign to increase awareness 
of the problem.

    Persons With Disabilities.--Difficult economic conditions and 
serious budgetary constraints contributed to harsh living conditions 
for those with physical or mental disabilities. In February, 18 
psychiatric patients in a Poiana Mare hospital died as a result of 
malnutrition and hypothermia. In response to these deaths, 
international human rights organizations targeted psychiatric hospitals 
in the country. A May Amnesty International (AI) report expressed 
concern that the placement, living conditions, and treatment of 
patients in several psychiatric wards and hospitals violated 
international human rights standards and best practices. AI urged the 
Government to reform the psychiatric health system. The Ministry of 
Health responded by issuing an order to increase the daily food 
allocation for psychiatric patients from approximately $1.50 (53,000 
lei) per day to approximately $2.00 (70,000 lei). In April, the GOR 
allocated $1.8 million (60 million lei) to fund the Ministry's order 
and to rehabilitate seven psychiatric hospitals, including the hospital 
in Poiana Mare.
    Outside of large institutions, social services for persons with 
disabilities were almost nonexistent. Many persons with disabilities 
could not make use of government provided transportation discounts 
because public transport did not have facilitated access. The law does 
not mandate accessibility for persons with disabilities to buildings 
and public transportation. In practice, the country had few facilities 
specifically designed for persons with disabilities. Very few 
handicapped parking spaces were available, virtually no public 
buildings were designed for wheelchair access, and most restrooms had 
no special areas for the physically challenged. Major shopping malls 
throughout the country were similarly ill equipped; only a few 
supermarkets in Bucharest had designs that enabled easy access.
    In July, Parliament passed a law to amend the existing legislation 
on special protection and employment of persons with disabilities. The 
new law increased benefits for blind persons and for persons with 
serious disabilities.

    National/Racial/Ethnic Minorities.--The Department for Interethnic 
Relations and the National Office for Roma were responsible for 
monitoring the problems of ethnic minorities, maintaining contacts with 
minority groups, submitting proposals for draft legislation and 
administrative measures, maintaining links with local authorities, and 
investigating complaints. The Constitution authorizes citizens 
belonging to national minorities to express themselves in their mother 
tongue before courts of law.
    In March, Parliament passed a law on local elections that 
potentially discriminated against some minority organizations by 
defining ``national minorities'' as only the ethnic groups represented 
in the Council of National Minorities and requiring that these 
organizations meet more stringent requirements to participate in local 
government compared to minority groups that were already represented in 
Parliament. For example, an organization of ethnic Hungarians, the 
Civic Union Of Hungarians, had to provide lists of at least 25,000 
members from at least 15 counties and Bucharest, with at least 300 
members in each county, in order to run candidates in the local 
elections, despite the fact that the UDMR is already in Parliament and 
allowed to run without providing proof of membership. The Law on 
General elections, adopted in September, included a similar provision.
    Ethnic Hungarians are the largest minority, comprising 1.4 million 
persons, according to the 2002 census. The UDMR party was in a de facto 
political alliance with the ruling minority PSD Government. Beginning 
in 2001, the UDMR signed annual protocols of cooperation with the PSD. 
After the November and December national elections, the UDMR changed 
its allegiance and joined the new governing coalition led by the PNL-PD 
Alliance.
    A government decree permits students in state-funded primary and 
secondary schools to be taught in their own language, with the 
exception of secondary school courses on the history and geography of 
the country. In the Moldavia region, some in the Roman Catholic Csango 
community, who speak an archaic form of Hungarian, repeatedly 
complained that there was no schooling available in their language. 
They established two school groups with Hungarian as the language of 
instruction in schools in Pustiana and Cleja during the 2002-03 school 
year. This initiative was expanded to 9 groups in 7 localities for the 
2003-04 school year and to 24 groups in 9 localities, totaling 450 
students, for the 2004-05 school year. However, they could not hold 
religious services in the community in their mother tongue, because of 
the opposition of the Roman Catholic Bishopric.
    According to the 2002 census, the Romani population numbered 
535,250, or 2.5 percent of the population. However, a 2004 European 
Commission report on health policy and the European Union estimated 
that the Romani population was between 1.8 and 2.5 million. The World 
Health Organization (WHO) reported that the Romani population 
represented approximately 10 percent of the total population. Romani 
groups complained that police brutality, including beatings and 
harassment, was routine (see Section 1.c.). According to the 
Government, only 27 percent of Roma had steady jobs and only half of 
those jobs were considered skilled. Illiteracy among Roma older than 45 
years of age was approximately 30 percent.
    Some schools, such as in Cehei (Salaj County), Tg. Frumos (Iasi 
County), Geoagiu (Hunedoara County), Ardusat (Maramures County, Tg. Jiu 
(Gorj County) and others segregated Romani children. In April, 
following complaints by several NGOs that monitored such situations, 
the Ministry of Education prohibited segregation in schools by a 
notification that was not legally binding; Romani NGOs are presently 
pressing for the issuance of an order to this effect.
    The National Council on Combating Discrimination received 157 
public complaints during the first half of the year, of which 62 were 
resolved. The Council initiated another 17 cases from its own findings, 
bringing the total to 174 cases. Of the 62 resolved cases, the Council 
identified 12 cases of discrimination, applying 2 fines and 10 
reprimands. Of these, three of the complaints involved discrimination 
against Roma, one against the Jewish community, and one against ethnic 
Hungarians. The Council set up a National Antidiscrimination Alliance, 
a forum for discussion with NGOs, in March 2003 and drafted a National 
Antidiscrimination Plan in September 2003.
    Romani CRISS continued to monitor cases of alleged human rights 
violations in 10 counties and Bucharest. Human rights monitors followed 
12 cases documented in 2003 and identified 27 new cases in these 
counties. Of the 27 cases, 20 involved discrimination, while 7 were 
cases of violence or abuse against Roma.
    The Romani population continued to be subject to societal 
discrimination. A 2003 survey by the Press Monitoring Agency showed 
that approximately 80 percent of the television news on Roma concerned 
conflict-generating events, such as illegal migration and police raids 
in Romani communities, and used images reflecting stereotypes.
    Romani NGOs asserted that, with the exception of setting up 
implementing bodies, the 2001 National Strategy for the Improvement of 
the Situation of Roma had few practical results. The National Office 
for Roma maintained a database on the living conditions and needs of 
the Romani community. However, the office was understaffed and 
undertrained, and its approximately $1.9 million (64 billion lei) 
budget was insufficient to implement the strategy.
    During the year, little progress was made with regard to the 
implementation of the partnership protocol, signed by the Health 
Ministry and the Roma Party in 2001, that sets forth cooperative 
measures to ensure that Roma have access to health care. In 2003, 
Romani CRISS maintained a training program (with private funding) for 
Romani health mediators in cooperation with the Ministry of Health, and 
the Directorate of Public Health hired 160 such mediators. Romani CRISS 
and the Health Ministry continued their cooperation.
    Romani CRISS was also involved in a national program of training 
police on conflict management and human rights. Police from 30 counties 
were trained on these issues.

    Other Societal Abuses and Discrimination.--Although homosexuality 
was decriminalized in 2001, NGOs complained that there was still a high 
degree of hostility against homosexuals, including violence by police 
(see Section 1.c.). NGOs claimed that this hostility prevented the 
reporting of some harassment and discrimination. Members of the gay and 
lesbian community also voiced concerns about discrimination in public 
education and health care systems.
    The National Union of the Organizations of Persons Affected by HIV/
AIDS (UNOPA) monitored the treatment of persons, many of them children, 
who were infected with HIV/AIDS. The number of cases of abuse decreased 
from 789 to 317, compared to the previous year. Half of the total cases 
were due to health system deficiencies. Some of the problems included 
denial of access to dentistry and dermatological services (7 cases), 
interruption of treatment due to poor hospital management, and 
interruption of treatment monitoring due to lack of monitoring tests. 
The UNOPA report, which covered only 15 of the 41 counties in the 
country, also included cases of limited patient access to education and 
delayed food allowances. Breaks in confidentiality were reported in 3 
percent of the cases. According to UNOPA, the principle of 
confidentiality and the right to work were sometimes disregarded in 
cases of persons with HIV. For example, some employees reportedly were 
hired and fired according to their HIV status in violation of the labor 
laws.
Section 6. Worker Rights
    a. The Right of Association.--All workers, except certain public 
employees, have the legal right to associate freely and to form and 
join labor unions without previous authorization, and they freely 
exercised this right. Ministry of Defense, MOAI, and intelligence 
personnel are not allowed to unionize. The majority of workers were 
members of one of approximately 18 national trade union confederations 
and smaller independent trade unions. Workers cannot be forced to join 
or withdraw from unions, and union officials who resign elected 
positions and return to the regular work force are protected against 
employer retaliation.
    The right to form unions generally was respected in practice. 
However, some employers have created enterprise-friendly unions. Some 
unions claimed that the Government interfered in trade union 
activities, collective bargaining, and strikes, and alleged that union 
registration requirements were excessive.
    The law prohibits antiunion discrimination, and the Government 
generally respected this prohibition in practice.

    b. The Right to Organize and Bargain Collectively.--The law 
provides workers the right to bargain collectively, but collective 
bargaining was hindered by state control of many industrial enterprises 
and the absence of independent management representatives at these 
entities. Contracts resulting from collective bargaining were not 
consistently enforced. Basic wage scales at state owned enterprises 
were established through collective bargaining with the Government. 
Public employees could not bargain for salaries, which were set by the 
Government. Unions claimed that downsizing decisions resulting from 
agreements with international financial institutions violated labor 
agreements.
    The collective labor dispute law establishes the conciliation, 
mediation, and arbitration procedures that must be followed during 
strikes. The law provides for establishment of tripartite arbitration 
panels from arbitrators approved by the Economic and Social Council, 
where trade unions and employers' associations each have one-third of 
the membership. Nevertheless, mediation capability has not developed 
fully. Local panels were poorly trained, and unions continued to take 
disputes to the Government for resolution.
    Lengthy and cumbersome conditions made it difficult to hold strikes 
legally. Unions may strike only if all conciliation means have failed 
and they give the employer 48 hours notice. Strikes for political 
reasons are prohibited. Companies can claim damages from strike 
organizers if a court deems a strike illegal. Unions complained that 
they must submit their grievances to government-sponsored conciliation 
before initiating a strike, and that the courts had a propensity to 
declare the majority of strikes illegal. Judges, prosecutors, and 
related Ministry of Justice staff are prohibited from striking, as are 
Ministry of Defense, MOAI, and intelligence service employees. As in 
the past, fear of job loss due to privatization motivated many strikes.
    Labor legislation is applied uniformly through the country, 
including in the 6 free trade zones and the 31 disadvantaged zones.

    c. Prohibition of Forced or Compulsory Labor.--The Constitution 
prohibits forced or compulsory labor, including by children; however, 
there were reports of Romani children involved in child labor and 
trafficking (see Sections 6.d. and 5, Trafficking).

    d. Prohibition of Child Labor and Minimum Age for Employment.--
Child labor legislation was adequate; however, enforcement tended to be 
lax except in extreme cases, most notably those that attracted media 
attention, and child labor remained a problem. The Government 
recognized that child labor was a problem and continued to make 
progress in eliminating the worst forms of child labor.
    The minimum employment age is 16 years, but children may work with 
the consent of parents or guardians at age 15, although only 
``according to their physical development, aptitude, and knowledge.'' 
Minors are prohibited from working in hazardous conditions. Violations 
of the child labor laws are punishable by imprisonment for periods of 2 
months to 3 years. Working children under the age of 16 have the right 
to continue their education, and the law obliges employers to assist in 
this regard. The Ministry of Labor and Social Protection has authority 
to impose fines and close factories to ensure compliance with the law.
    In May, the Ministry of Labor, Social Solidarity and Family issued 
jointly with UNICEF and the ILO a report on child labor which estimated 
that 3.9 million of the 5.6 million children in the country were 
``economically active.'' Over 300,000 (approximately 7 percent) were 
``child laborers,'' working without any contractual arrangements in 
agriculture or low skilled jobs, while 900,000 (19 percent) were 
working in households, especially in rural areas. Approximately 300,000 
(6 percent) were engaged in hard work activities, while 60,000 to 
70,000 (more than 1 percent) were involved in the ``worst forms of 
child labor,'' including hazardous work, sexual exploitation, forced 
labor, trafficking, or criminal activity. This last category included 
more than 3,000 ``street children'' in the country. Child labor, 
including begging, selling trinkets on the street, or washing 
windshields, remained widespread in the Romani community; children 
engaged in such activities could be of any age.
    A department in the Prime Minister's office is responsible for 
child protection. The Government established organizations in the 
counties and in Bucharest to enforce child welfare laws. The roles and 
responsibilities of the agencies that enforce child labor laws remained 
ill defined, and these laws were often enforced only when a 
particularly grave case became public. Despite the prevalence of child 
labor, there were no reports of anyone being charged or convicted 
during the year under any of the child labor laws.
    With ILO support, the Government began implementing a comprehensive 
program to eliminate child labor that included measures to prevent the 
increase of child labor in both urban and rural areas; build the 
capacity of government and NGOs to address child labor cases; research 
the extent and nature of the child labor; and raise public awareness of 
the problem. The program's strategy was to identify vulnerable groups 
and initiate measures in partnership with government agencies, trade 
unions, universities, and NGOs.

    e. Acceptable Conditions of Work.--Most wage rates were established 
through collective bargaining at the enterprise level and based on 
minimum wages for specific economic sectors and categories of workers. 
The Government set these minimums after negotiation with industry 
representatives and labor confederations. Minimum wage rates generally 
were observed and enforced. During the year, the minimum monthly wage 
was raised from approximately $72 (2.5 million lei) to approximately 
$85 (2.8 million). The minimum monthly wage did not provide a decent 
standard of living for a worker and family.
    The law provides for a standard workweek of 40 hours or 5 days, 
with overtime paid for weekend or holiday work or work in excess of 40 
hours, but not to exceed 48 hours per week. The code requires a 24-hour 
rest period in the workweek, although most workers received 2 days off 
per week. Paid holidays range from 18 to 24 working days annually, 
depending on the employee's length of service. The law requires 
employers to pay additional benefits and allowances to workers engaged 
in particularly dangerous or difficult occupations.
    Neither the Government nor industry improved workplace health and 
safety conditions significantly. The Ministry of Labor, Social 
Solidarity, and Family established and enforced safety standards for 
most industries. However, it lacked trained personnel for enforcement, 
and employers often ignored its recommendations. Workers have the right 
to refuse dangerous work assignments but seldom invoked it in practice.

                               __________

                                 RUSSIA

    The 1993 Constitution established a governmental structure with a 
strong head of state (President), a government headed by a prime 
minister, and a bicameral legislature (Federal Assembly) consisting of 
a lower house (State Duma) and an upper house (Federation Council). The 
country has a multi-party system, but the pro presidential United 
Russia party that controls more than two thirds of the State Duma puts 
majority support within reach for all presidential priorities. 
President Vladimir Putin was re-elected in March in an election process 
that the Organization for Security and Cooperation in Europe (OSCE) 
determined did not meet international standards in a number of 
respects, particularly in equal access to the media by all candidates 
and secrecy of the ballot; however, the voting itself was relatively 
free of manipulation and the outcome was generally understood to have 
represented the will of the people. The Constitution provides for an 
independent judiciary, but the executive branch appeared to drive 
judicial decisions in high profile or Kremlin directed cases. Although 
also impaired by corruption, the judiciary continued to show greater 
independence in non politicized cases, and the criminal justice system 
was slowly undergoing reforms.
    The Ministry of Internal Affairs (MVD), the Federal Security 
Service (FSB), and the Office of the Prosecutor are responsible for law 
enforcement at all levels of Government. The FSB's core 
responsibilities are security, counterintelligence, and 
counterterrorism, but it also has broader law enforcement functions, 
including fighting crime and corruption. The FSB continued to regard 
contact with foreigners and the presence of non Orthodox Christians as 
security issues. The FSB operated with only limited oversight by the 
Office of the Prosecutor General and the courts. The authorities 
increasingly dealt with terrorism and other security threats in parts 
of the country by employing MVD Internal Troops. The primary mission of 
the armed forces is national defense. The Government employed them in 
Chechnya, and they are frequently used for civil disturbances. Civilian 
authorities generally maintained effective control over the security 
forces. Members of the security forces, particularly within the 
internal affairs apparatus, continued to commit numerous and serious 
human rights abuses.
    The country had a population of approximately 144 million. The 
annual gross domestic product grew by 6.9 percent as of October, 
slightly less than in 2003. Industrial production grew by 4 percent, 
and real income increased by 5 percent; however, approximately 19 
percent of the population continued to live below the official monthly 
subsistence level of $82 (2,296 rubles). As of October, official 
unemployment was 7.5 percent, down from 8.4 percent at the end of 2003. 
Corruption continued to be a negative factor in the development of the 
economy and commercial relations.
    Although the Government generally respected the human rights of its 
citizens in some areas, its human rights record was poor in certain 
areas and worsened in several others. Changes in the parliamentary 
election laws and a move from election to nomination by the President 
of regional governors further strengthened the power of the executive 
branch and, together with media restrictions, a compliant State Duma, 
shortcomings in recent national elections, law enforcement corruption, 
and political pressure on the judiciary, raised concerns about the 
erosion in accountability of government leaders to the people.
    The Government's human rights record remained poor overall in the 
continuing struggle against rebels in Chechnya, where both sides 
demonstrated little respect for basic human rights. There were credible 
reports of serious violations, including numerous reports of unlawful 
killings and of abuse of civilians by both the Government and Chechen 
rebels in the Chechen conflict. The September massacre of school 
children and adults in Beslan, North Ossetia, exemplified the gross 
violation of human rights in the region by terrorist elements. There 
were reports of both government and rebel involvement in politically 
motivated disappearances in Chechnya and Ingushetiya. Individuals 
seeking accountability for these abuses continued to be targeted.
    There were credible reports that law enforcement personnel engaged 
in torture, violence, and other brutal or humiliating treatment, often 
with impunity. Hazing in the armed forces remained a problem. Prison 
conditions improved but continued to be extremely harsh and frequently 
life threatening. Earlier changes in criminal procedures led to further 
reductions in arbitrary arrest and lengthy pretrial detention, and 
judges routinely enforced pre trial time limits. Government protection 
for judges from threats by organized criminal defendants remained 
inadequate, and a series of cases of alleged espionage caused concerns 
regarding the lack of due process and the influence of the FSB in 
judicial proceedings. Amnesty International (AI) has highlighted the 
case of Igor Sutyagin, whom it has declared to be a political prisoner. 
Authorities continued to infringe on citizens' privacy rights.
    Government pressure continued to weaken freedom of expression and 
the independence and freedom of the media, particularly major national 
television networks and regional media outlets which were the primary 
source of information for most of the population. The print media 
remained vibrant and pluralistic, but its impact on public opinion was 
limited by low circulation numbers. Authorities, primarily at the local 
level, limited freedom of assembly and imposed restrictions on some 
religious groups. Societal discrimination, harassment, and violence 
against members of some religious minorities remained problems despite 
some government attempts to address these problems. Some local 
governments restricted citizens' freedom of movement, primarily by 
denying legal resident permits to new residents from other areas of the 
country.
    Government institutions intended to protect human rights were 
relatively weak but remained active and public. The Government 
continued to place restrictions on the activities of both humanitarian 
non governmental organizations (NGOs) and international organizations 
in Chechnya, at least in part for security reasons. The authorities 
regarded some NGOs with increasing suspicion, and the security services 
and other authorities harassed or threatened to close some local human 
rights NGOs. Ethnic minorities, including Roma and persons from the 
Caucasus, Central Asia, Asia, and Africa faced widespread governmental 
and societal discrimination, and, increasingly, racially motivated 
attacks. Trafficking in persons, particularly women and girls, remained 
a serious problem despite progress in combating it. There were some 
reports of forced labor and child labor.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Arbitrary or Unlawful Deprivation of Life.--There were no 
confirmed reports of political killings by the Government or its 
agents; however, there continued to be credible reports that the 
federal armed forces engaged in unlawful killings in Chechnya. Their 
use of indiscriminate force in areas of Chechnya with significant 
civilian populations resulted in numerous deaths (see Section 1.g.). 
The security forces generally conducted their activities with impunity. 
For example, in May, a jury acquitted Captain Eduard Ullman and three 
other servicemen of killing six Chechen civilians in 2002; prosecutors 
have appealed the verdict. However, at least one serviceman was 
convicted on similar charges. Hazing in the armed forces resulted in 
the deaths of servicemen (see Section 1.c.).
    On July 7, a court in Qatar convicted two Russian intelligence 
agents of the murder of Zelimkhan Yandarbiyev, a leader of the Chechen 
separatist movement who had resided in Doha since 2000. Yandarbiyev, 
whose extradition had been sought by the authorities and who had been 
placed on the U.N. Security Council's Resolution 1267 Sanctions 
Committee and declared a terrorist by several countries, was killed on 
February 13 when a bomb attached to his car exploded. The Government 
denied that the two agents had been involved in the killing. They were 
returned to Russian government custody in December.
    There were a number of killings of government officials throughout 
the country, some of which may have been politically motivated, in 
connection with the ongoing strife in Chechnya or with politics. For 
example, Ansar Tebuyev, the Deputy Prime Minister of the Karachay 
Cherkess Republic, was shot and killed in broad daylight on October 18, 
outside the Republic's Interior Ministry building. Deputy Prosecutor 
General Fridinskiy reported that as of May, Chechen rebels had killed 
11 local administration heads since the anti-terrorist operation in 
Chechnya began.
    The press and media NGOs reported that unknown parties killed a 
number of journalists during the year for reasons that appeared to be 
related to the journalists' work (see Section 2.a.).
    On June 19, Nikolay Girenko, an expert on hate crimes, was killed 
in his apartment (see Section 5). His colleagues believed the motive 
for the killing was Girenko's activity as an official expert witness in 
a number of high profile court cases involving ethnic and religious 
issues, including the case of the Moscow based Sakharov Center's 
employees who were charged with inflaming ethnic hatred for hosting an 
exhibition critical of religion.
    On March 18, a jury at the Moscow City Court found Mikhail 
Kadanyev, ex leader of Boris Berezovskiy's wing of the Liberal Russia 
party, and three associates guilty in organizing the assassination of 
prominent Duma Deputy and Liberal Russia party Co Chairman Sergey 
Yushenkov, who was shot and killed in April 2003. Yushenkov headed a 
rival wing of Liberal Russia and was killed shortly after announcing 
that his wing would take part in the December 2003 State Duma 
elections. Prosecutors argued that Kadanyev and his associates had 
wanted to take control of Liberal Russia's finances, since Yushenkov 
had been engaged in rivalry for leadership within his own party. Some 
observers speculated that the professionally executed killing was 
motivated by supporters of the Government because Yushenkov had also 
been an outspoken critic of the Putin administration on a number of 
issues.
    No progress was reported in the investigation of the July 2003 
killing of Yuriy Shchekochikhin, a member of the Duma and deputy editor 
of the Novaya Gazeta newspaper. One of Shchekochikhin's former 
colleagues at the newspaper told the media in August ``no one had 
conducted a proper investigation.'' At the time of his death, 
Shchekochikhin, along with Yushenkov, had begun to investigate 
allegations of FSB responsibility for a series of 1999 apartment 
building bombings.
    On August 10, the St. Petersburg City Court convicted another 
suspect in the 1999 killing of St. Petersburg Legislative Assembly 
Deputy Viktor Novoselov. That conviction concluded all prosecutions 
related to this killing.
    The St. Petersburg City Court has been hearing a case pertaining to 
the 1998 killing of Galina Starovoytova, a prominent Duma deputy, since 
December 2003. Suspects remained in detention at year's end.
    On June 10, the Moscow Circuit Military Court again acquitted all 
the defendants accused of organizing the 1994 murder of Dmitriy 
Kholodov, military affairs correspondent for the daily newspaper 
Moskovskiy Komsomolets. On December 6, the Office of the Prosecutor 
General appealed to the Supreme Court to begin a new trial, although 
the 10 year statute of limitations on Kholodov's case ended on October 
17, making it impossible to sentence the defendants to prison terms 
even if the June 10 acquittal were overturned (see Section 2.a.).
    During the September 1 terrorist attack on a school in Beslan, 
North Ossetia, at least 338 hostages were killed (see Section 1.g.).
    Chechen rebels assassinated Chechen President Akhmed Kadyrov in 
May, killed numerous civilian officials and militia associated with the 
federally appointed Chechen administration, and threatened to kill 
Kadyrov's successor Alu Alkhanov, who was elected on August 29 (see 
Section 1.g.). Chechen fighters killed a number of federal soldiers 
whom they took prisoner (see Section 1.g.). Many individuals were 
kidnapped and then killed in Chechnya during the year (see Sections 
1.b., 1.c., and 1.g.). Both sides to the conflict, as well as criminal 
elements, were involved in these activities. Authorities attributed 
bombing incidents in Moscow and several cities in southern areas of the 
country to Chechen terrorists.
    Government forces and Chechen fighters continued to use landmines 
extensively in Chechnya and Dagestan. According to UNICEF estimates, 
since 1995, approximately 3,100 victims have been killed or wounded by 
landmines or unexploded ordnance in Chechnya. Over the last year, 
UNICEF has noted a decline in the number of such incidents, likely as a 
result of increased awareness.

    b. Disappearance.--There were reports of extensive government 
involvement in politically motivated disappearances in Chechnya and 
Ingushetiya (see Section 1.g.).
    Criminal groups in the Northern Caucasus, some of which may have 
links to elements of the rebel forces, frequently resorted to 
kidnapping. The main motivation behind such cases apparently was 
ransom, although some cases had political or religious overtones. The 
hostage takers held many of their victims in Chechnya or Dagestan.
    Arjan Erkel, the head of the Doctors without Borders Mission in 
Dagestan, adjacent to Chechnya, was released in April after a ransom of 
approximately $1.35 million (1 million euro) was paid to his captors, 
who remained unknown. This event and overall security problems led many 
NGOs to limit their activities in the North Caucasus.

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The Constitution prohibits torture, violence, and other 
brutal or humiliating treatment or punishment; however, there were 
credible reports that law enforcement personnel frequently engaged in 
these practices to coerce confessions from suspects and that the 
Government did not consistently hold officials accountable for such 
actions. Neither the law nor the Criminal Code defines torture; it is 
mentioned only in the Constitution. As a result, it was difficult to 
charge perpetrators. The only accusation prosecutors could bring 
against the police was that they exceeded their authority or committed 
a simple assault.
    Prisoners' rights groups, as well as other human rights groups, 
documented numerous cases in which law enforcement and correctional 
officials beat and otherwise abused detainees and suspects. Human 
rights groups described the practice of such abuse as widespread. 
Numerous press reports indicated that the police frequently beat 
persons with little or no provocation or used excessive force to subdue 
detainees.
    There was no indication of a return to the widespread use of 
psychiatric methods against political prisoners. There have been 
anecdotal reports of psychiatry being used to ``cure'' followers of non 
traditional religions. After an investigation, Jehovah's Witnesses 
denied an NGO report that a number of Witnesses had been involuntarily 
placed in a psychiatric hospital in Penza.
    Cases of physical abuse by police officers usually occurred within 
the first few hours or days of arrest and usually took one of four 
forms: Beatings with fists, batons, or other objects; asphyxiation 
using gas masks or bags (at times filled with mace); electric shocks; 
or suspension by body parts (for example, suspending a victim from the 
wrists, which are tied together behind the back). Allegations of abuse 
were difficult to substantiate because of lack of access by medical 
professionals and because the techniques allegedly used would leave few 
or no permanent physical traces. There were credible reports that 
government forces and Chechen fighters in Chechnya tortured detainees 
(see Section 1.g.).
    Reports by refugees, NGOs, and the press suggested a pattern of 
police beatings, arrests, and extortion directed at persons with dark 
skin or who appeared to be from the Caucasus, Central Asia, or Africa, 
as well as Roma. For example, the press reported that in Novosibirsk 
four policemen were arrested on suspicion of extorting over $1 million 
(28 million rubles) from a Romani family by kidnapping and torturing 
family members until their demands were met. In November 2003, one Roma 
was allegedly tortured for 7 hours. The victims did not press charges, 
but the policemen were eventually convicted on earlier charges of a 
similar nature.
    Police continued to harass defense lawyers, including through 
beatings and arrests, and continued to intimidate witnesses (see 
Section 1.e.).
    In December, human rights activists investigated mass beatings and 
detentions by police in Blagoveshchensk, Bashkortostan. According to 
activist Ildar Isangulov, based on his interviews with residents, 
residents were beaten because they voted ``incorrectly'' in the 
republic's December presidential election. Novaya Gazeta correspondent 
Marat Khairullin offered Ekho Moskvy a similar account, saying he was 
convinced the raids were ``revenge'' against the vast majority of 
Blagoveshchensk residents who voted against incumbent President Murtaza 
Rakhimov.
    In contrast to previous years, there were no reports of beating of 
peaceful protesters.
    Various abuses against military servicemen, including, but not 
limited to, the practice of ``dedovshchina'' (the violent, at times 
fatal, hazing of new junior recruits for the armed services, MVD, and 
border guards) continued during the year; however, the Government 
claims that such practices have declined due to its attention to this 
problem. Press reports cited serving and former armed forces personnel, 
the Main Military Prosecutor's Office (MMPO), and NGOs monitoring 
conditions in the armed forces as indicating that such mistreatment 
often included the use of beatings or threats of increased hazing to 
extort money or material goods. Government officials announced that 
approximately 25 percent of the 11,500 crimes committed in the army 
during the year were related to hazing. Over the first 6 months of the 
year, 25 servicemen died due to hazing. During the year, the Moscow 
Committee of Soldiers' Mothers registered 320 complaints from 
servicemen. The majority of complaints (264) related to beatings. 
Servicemen also complained about sexual abuse, torture, and 
enslavement. Soldiers often did not report hazing to either unit 
officers or military prosecutors due to fear of reprisals, since 
officers reportedly in some cases tolerated or even encouraged such 
hazing as a means of controlling their units. There were also reports 
that officers used beatings to discipline soldiers whom they found to 
be ``inattentive to their duties.'' The Union of Soldiers' Mothers 
Committee (USMC) believed that, as a result of fear of reprisals, the 
indifference of commanders, and deliberate efforts to cover up such 
activity, most hazing incidents and assaults were not reported.
    Hazing reportedly was a serious problem in Chechnya, particularly 
where contract soldiers and conscripts served together.
    Both the USMC and the MMPO received numerous reports about 
``nonstatutory relations,'' in which officers or sergeants physically 
assaulted or humiliated their subordinates.
    Despite the acknowledged seriousness of these problems, the 
leadership of the armed forces made only superficial efforts to 
implement substantive reforms in training, education, and 
administration programs within units to combat abuse.
    Prison conditions remained extremely harsh and frequently life 
threatening. The Ministry of Justice's (MOJ's) Main Directorate for the 
Execution of Sentences (GUIN) administered the penitentiary system 
centrally from Moscow, except for the Lefortovo pretrial detention 
center in Moscow, which was run by the FSB. There were five basic forms 
of custody in the criminal justice system: Police temporary detention 
centers, pretrial detention facilities known as Special Isolation 
Facilities (SIZOs), correctional labor colonies (ITKs), prisons 
designated for those who violate ITK rules, and educational labor 
colonies (VTKs) for juveniles. As of June, there were approximately 
850,000 persons in the custody of the criminal justice system. Men were 
held separately from women, as were juveniles from adults.
    According to GUIN, the official annual death rate in SIZO was 2,000 
persons. Most died as a result of poor sanitary conditions or lack of 
medical care (the leading cause of death was heart disease). The press 
often reported on individuals who were mistreated, injured, or killed 
in various SIZOs; some of the reported cases indicated habitual abuse 
by officers.
    Abuse of prisoners by other prisoners continued to be a problem. 
Violence among inmates, including beatings and rape, was common. There 
were elaborate inmate enforced caste systems in which informers, 
homosexuals, rapists, prison rape victims, child molesters, and others 
were considered to be ``untouchable'' and were treated very harshly, 
with little or no protection provided by the prison authorities.
    Penal institutions frequently remained overcrowded; however, there 
were some improvements. There were no mass amnesties as had been the 
case in earlier years, but the authorities continued to take longer 
term and more systemic measures to reduce the size of the prison 
population. These included the use of alternative sentencing in some 
regions and revisions of both the Criminal Code and the Criminal 
Procedures Code that eliminated incarceration as a penalty for a large 
number of less serious offenses. In December 2003, as a result of these 
legislative changes, 130,000 sentences were reviewed, leading to the 
freeing of 7,000 prisoners and the reduction of sentences of 42,000 
others. Many penal facilities remained in urgent need of renovation and 
upgrading. By law, authorities must provide inmates with adequate 
space, food, and medical attention; with the significant decrease in 
prison populations, they were coming closer to meeting these standards.
    Inmates in the prison system often suffered from inadequate medical 
care. Public health measures funded by international aid and by the 
increase of government resources for the prison system's medical budget 
have reduced the incidence of tuberculosis and HIV. The recently 
established Public Council in the Ministry of Justice headed by human 
rights advocate Valeriy Borshchev reported that during the last 3 
years, the number of sick prisoners and detainees decreased 27 percent. 
According to the GUIN, as of January 1, there were approximately 75,000 
tuberculosis infected persons and 36,000 HIV infected persons in SIZOs 
and correction colonies. Nevertheless, tuberculosis infection rates 
were far higher in detention facilities than in the population at 
large. The PCPR also reported that conditions in penal facilities 
varied among the regions. Some regions offered assistance in the form 
of food, clothing, and medicine. NGOs and religious groups offered 
other support.
    Conditions in SIZOs, where suspects were confined while awaiting 
the completion of a criminal investigation, trial, sentencing, or 
appeal, varied considerably, but as a result of legal reforms and other 
measures, the pretrial population had declined by approximately 50 
percent since 2000, virtually eliminating the problem of overcrowding 
in those institutions. Despite these improvements, however, conditions 
remained extremely harsh and posed a serious threat to health and life. 
Health, nutrition, and sanitation standards remained low due to a lack 
of funding. Head lice, scabies, and various skin diseases were 
prevalent. Prisoners and detainees typically relied on their families 
to provide them with extra food. Poor ventilation was thought to 
contribute to cardiac problems and lowered resistance to disease.
    ITKs held the bulk of the nation's convicts. There were 753 ITKs. 
Guards reportedly disciplined prisoners severely to break down 
resistance. At times, guards humiliated, beat, and starved prisoners. 
In the timber correctional colonies, where hardened criminals served 
their time, beatings, torture, and rape by guards reportedly were 
common. The country's ``prisons'' distinct from the ITKs were 
penitentiary institutions for those who repeatedly violated the rules 
in effect in the ITKs.
    VTKs are facilities for prisoners from 14 to 20 years of age. Male 
and female prisoners were held separately. In August 2003, GUIN 
reported that there were 62 educational colonies, 3 of which were for 
girls. Conditions in the VTKs were significantly better than in the 
ITKs, but juveniles in the VTKs and juvenile SIZO cells reportedly also 
suffered from beatings, torture, and rape. The PCPR reported that such 
facilities had a poor psychological atmosphere and lacked educational 
and vocational training opportunities. Many of the juveniles were from 
orphanages, had no outside support, and were unaware of their rights. 
There also were two prisons for children in Moscow. Boys were held with 
adults in small, crowded, and smoky cells. Schooling in the prisons for 
children was sporadic at best, with students of different ages studying 
together when a teacher could be found.
    The Government generally permitted the International Committee of 
the Red Cross (ICRC) to work throughout the country, and the ICRC 
carried out regular prison visits and provided advice to authorities on 
how to improve prison conditions. However, there were limitations on 
access in the northern Caucasus, where the organization was 
particularly active. In that region, the Government granted the 
organization access to some facilities where Chechen detainees were 
held, but the pretrial detention centers and filtration camps for 
suspected Chechen fighters were not always accessible to the ICRC or 
other human rights monitors (see Section 1.g.).

    d. Arbitrary Arrest or Detention.--The Constitution provides that 
individuals may be arrested, taken into custody, or detained more than 
24 hours, only upon a judicial decision; however, arbitrary arrest and 
detention remained problems. The Chief Justice of the Russian Supreme 
Court was quoted in May 2003 as saying that of cases where law 
enforcement bodies asked courts to approve arrests, 92 percent were 
approved and 8 percent disapproved. He added that approximately 10 
percent of such court decisions were appealed, with 87 percent of the 
arrests upheld by higher courts. The Criminal Procedures Code gives 
authorities the means to implement these requirements, and progress was 
made toward effective judicial oversight over arrests and detentions.
    The national police force, which falls under the MVD, is organized 
on the federal, regional, and local levels. Although regulations and 
national laws prohibit corrupt activities, they were widespread and 
there were few crackdowns on illegal police activity. There were 
reports that the Government addressed only a fraction of the crimes 
that federal forces committed against civilians in Chechnya (see 
Section 1.g.). Government agencies such as the MVD have begun to 
educate officers about safeguarding human rights during law enforcement 
activities through training provided by foreign governments; however, 
the security forces remained largely unreformed.
    There were credible reports that security forces continued 
regularly to single out persons from the Caucasus for document checks, 
detention, and the extortion of bribes. Human rights observers reported 
that, as part of a broader MVD operation called Hurricane 4, MVD 
officers in Moscow were instructed in February to investigate residents 
of the Caucasus, including verifying their proper registration, 
inquiring of neighbors about their activities, and ascertaining the 
presence of relatives in the Northern Caucasus. According to NGOs, 
federal forces commonly detained groups of Chechen men at checkpoints 
along the borders between Chechnya and Ingushetiya, in targeted 
operations known as ``night raids,'' or during ``mopping up'' 
operations following military hostilities, and severely beat and 
tortured them.
    At least two instances were confirmed in which local officials 
detained members of Jehovah's Witnesses who were engaged in the public 
discussion of their religious views, but the individuals were released 
quickly.
    The Criminal Procedure Code limits the duration of detention 
without access to counsel or family members and renders statements 
given in the absence of a defense attorney unusable in court; however, 
there were reports that these reforms were being undermined by the 
police practice of obtaining ``pocket'' defense counsel for these 
interviews and by the overall ignorance by defense counsel of these 
provisions.
    In June 2003, the Criminal Procedure Code was amended to permit 
``witnesses'' to bring their own attorneys to interviews conducted by 
the police. This amendment was designed to address the police practice 
of interrogating suspects without the presence of counsel under the 
fiction that they were witnesses, and then, after obtaining 
incriminating statements, declaring the suspects to be defendants. 
Citizens' ignorance of their new rights was a problem. The Government 
continued to engage in a public education program to inform citizens of 
their rights and responsibilities under the system introduced by the 
Code of Criminal Procedure, such as the right to a lawyer and the 
obligation to serve on juries when called. The Council of Judges 
together with the Supreme Court of the Russian Federation and the 
Russian Information Agency Novosti conducted an educational program 
called ``Public Trust'' for citizens that explained the work of the 
judicial system and citizens' rights.
    The Code states that police may initially detain an individual not 
more than 24 hours before the case must be referred to the prosecutor, 
and the prosecutor is given 24 hours in which to open or reject the 
criminal case. At the end of this 48 hour period, a judge must 
determine whether the suspect should be detained. The Code specifies 
that within 2 months of a suspect's arrest, police should complete 
their investigation and transfer the file to the prosecutor for 
arraignment. A prosecutor may request the court to extend the period of 
criminal investigation to 6 months in ``complex'' cases with the 
authorization of a judge. With the personal approval of the Prosecutor 
General, the judge may extend that period up to 18 months. Juveniles 
may be detained only in cases of grave crimes.
    Although recently adopted, these procedures were generally 
respected, although some judges still did not appear to enforce them 
fully. Judges regularly suppressed confessions of suspects whose 
confessions were taken without a lawyer present and freed suspects who 
were held in excess of detention limits, although they usually granted 
prosecutors' motions to extend the detention period for good cause 
shown. The Supreme Court overturned a number of cases in which lower 
court judges granted permission to detain individuals on what the 
Supreme Court considered to be inadequate grounds.
    Some regional and local authorities took advantage of the system's 
procedural weaknesses to arrest persons on false pretexts for 
expressing views critical of the Government. Human rights advocates in 
some regions were charged with libel, contempt of court, or 
interference in judicial procedures in cases with distinct political 
overtones. Journalists, among others, have been charged with other 
offenses and held either in excess of normal periods of detention or 
for offenses that do not require detention at all (see Sections 2.a. 
and 4).
    Significant reforms occurred in law enforcement and judicial 
procedures; however, the apparently selective arrest and detention of 
prominent businessman Mikhail Khodorkovskiy on the eve of parliamentary 
elections raised a number of concerns over the arbitrary use of the 
judicial system.
    An international NGO delegation that visited two psychiatric 
hospitals during the year noted that there was no judicial process for 
commitment that provided individuals subject to commitment with the 
right to appear before a court for a determination of the legality of 
their commitment. According to the Code of Criminal Procedure, such 
individuals may appear in court unless their mental state does not 
allow it; however, in such cases the appearance of their legal 
guardians (relatives, adoptive parents, caretakers) is obligatory.
    On at least one occasion, the authorities held relatives of a 
wanted Chechen rebel leader, apparently forcing his surrender (see 
Section 1.g.). Relatives of Chechen terrorist Shamil Basayev and 
Chechen separatist leader Aslan Maskhadov were taken into what 
authorities claimed to be protective custody in September during the 
Beslan school seizure, although human rights groups said this action 
was intended as retaliation for the seizure of the school. Domestic and 
foreign human rights observers criticized an October suggestion by the 
Prosecutor General that a policy of seizing the relatives of hostage 
takers would reduce the incidence of hostage taking.

    e. Denial of Fair Public Trial.--The Constitution provides for an 
independent judiciary, and there were some signs of judicial 
independence; however, the judiciary did not act as an effective 
counterweight to other branches of the Government. The Criminal 
Procedure Code provides for strengthening the role of the judiciary in 
relation to the Prosecutor General by requiring judicial approval of 
arrest warrants, searches, seizures, and detention (see Section 1.d.). 
According to press coverage of the 6th Congress of Russian Judges, 
which was held in the end of November, the average monthly salaries of 
different level of judges ranged from approximately $430 (12,000 
rubles) to approximately $1,100 (30,000 rubles). In an address to 
judges at the Congress of Judges President Putin promised to at least 
double the salaries ``in the very near future.'' However, judges 
remained subject to influence from the executive, military, and 
security forces, particularly in high profile or politically sensitive 
cases. The judiciary continued to lack sufficient resources and was 
subject to corruption. Authorities did not provide adequate protection 
from intimidation or threats from powerful criminal defendants.
    The judiciary is divided into three branches. The courts of general 
jurisdiction, including military courts, are subordinated to the 
Supreme Court. These courts hear civil and criminal cases and include 
district courts, which serve every urban and rural district, regional 
courts, and the Supreme Court. Decisions of the lower trial courts can 
be appealed only to the immediately superior court unless a 
constitutional issue is involved. The arbitration (commercial) court 
system under the High Court of Arbitration constitutes a second branch 
of the judicial system. Arbitration courts hear cases involving 
business disputes between legal entities and between legal entities and 
the State. The Constitutional Court (as well as constitutional courts 
in a number of administrative entities of the Russian Federation) 
constitutes the third branch.
    The President approves judges after they have been nominated by the 
qualifying collegia, which are assemblies of judges (including some 
public members). President Putin rejected 160 candidates to federal 
judicial positions in 2003. After a 3 year trial period, the President 
must again confirm the judges. The collegia also had the authority to 
remove judges for misbehavior and to approve prosecutors' requests to 
prosecute judges.
    Justices of the peace, introduced beginning in 1998, deal with 
criminal cases involving maximum sentences of less than 3 years and 
some civil cases. In some regions where the system has been fully 
implemented, justices of the peace assumed 65 percent of federal 
judges' civil cases and up to 25 percent of their criminal matters, 
which may have contributed to easing overcrowding in pretrial detention 
facilities (see Sections 1.c. and 1.d.). There were some justices of 
the peace at work in all regions except Chechnya. As of June, there 
were 5,500 justices of the peace and 1,053 vacancies.
    Judges remained subject to intimidation and accepted bribes from 
officials and others. Some steps were taken to remove a number of 
corrupt judges. The Highest Qualifying Collegia of Judges recorded 
18,749 complaints filed against judges in 2003. A total of 118 judges 
received ``warnings,'' 36 were fired, and 6 criminal cases were started 
against judges. In the fall, three Moscow judges were put on trial for 
their involvement in apartment frauds.
    The Constitution provides for the right to a fair trial; however, 
this right was restricted in practice. Assessments of the effects of 
the 2002 Criminal Procedure Code on this process remained mixed. Abuses 
of the right to a fair trial declined; however, numerous critics argued 
that the country remained far from having a truly adversarial criminal 
procedure.
    The 2002 Criminal Procedure Code provides for the nationwide use of 
jury trials. By January 1, all regions except Chechnya had implemented 
jury trials, although juries heard only 1 percent of cases. In 2003, 
oblast courts conducted 496 jury trials involving approximately 1,000 
defendants. In contrast to trials conducted by a judge, 0.8 per cent of 
which ended in acquittal in 2003, 15 percent of cases tried by juries 
ended in acquittals (although one quarter of these verdicts were 
reversed on appeal).
    According to Ministry of Justice official statistics, in 2003 
criminal defendants in 45,500 cases (8.6 percent of all completed 
criminal cases) made use of a formal procedure introduced in 2002 and 
subsequently broadened by which guilty pleas resulted in shorter 
sentences and abbreviated trials for crimes carrying penalties of less 
than 10 years.
    The Criminal Procedures Code and Federal Defense Bar statute 
provide for the appointment of a lawyer free of charge if a suspect 
cannot afford one; however, this provision often was not effective in 
practice. The high cost of competent legal representation meant that 
lower income defendants often lacked competent legal representation. 
There were no defense attorneys in remote areas of the country. Public 
centers, staffed on a part time basis by lawyers, continued to offer 
advice at no cost on legal rights and recourse under the law; however, 
they were not able to handle individual cases.
    The Independent Council of Legal Expertise reported that defense 
lawyers continued to be the targets of police harassment. Professional 
associations at both the local and federal levels reported police 
efforts at intimidation of attorneys and efforts to cover up their own 
criminal activities. For example, in November 2003, Olga Artyukhova, 
one of Mikhail Khodorkovskiy's lawyers, was searched at the 
correctional facility immediately following a visit with her client. 
During this search correctional officers seized Artyukhova's notes. In 
March, a similar incident involving Yevgeniy Baru, Khodorkovskiy co 
defendant Pavel Lebedev's lawyer, occurred after visiting with his 
client. Baru reported that prison officials, including the warden, had 
confiscated written and printed materials from his briefcase.
    The May 19 conviction of Mikhail Trepashkin, who had been 
consultant to a parliamentary commission investigating possible FSB 
involvement in a series of 1999 apartment bombings, gave further cause 
for concern about the undue influence of the FSB and arbitrary use of 
the judicial system. The bombings were officially blamed on Chechens 
and served as partial justification for the Government's resumption of 
the armed conflict against Chechen fighters. Trepashkin, an attorney 
and former FSB official, was arrested in October 2003 and charged with 
disclosing state secrets and with illegal possession of a handgun and 
ammunition. The Moscow Circuit Military Court sentenced him to 4 years 
of forced labor, but he was not expected to start serving his term 
until the conclusion of a hearing on the handgun charge. The trial 
reconvened on December 15. Trepashkin's arrest came a month after his 
charges of FSB responsibility for the bombings were cited in a book and 
a week before he was scheduled to represent the relatives of a victim 
of one of those bombings. After his arrest, Trepashkin wrote a letter 
describing extremely poor conditions in his detention cell.
    Authorities abrogated due process in continuing to pursue several 
espionage cases involving foreigners who worked with citizens and 
allegedly obtained information that the security services considered 
sensitive; in some instances prosecutors pursued such cases after 
earlier courts had rejected them. The proceedings in some of these 
cases took place behind closed doors, and the defendants and their 
attorneys encountered difficulties in learning the details of the 
charges. Observers believed that the FSB was seeking to discourage 
citizens and foreigners from investigating problems that the security 
services considered sensitive.
    On June 9, the Supreme Court overturned the December 2003 jury 
acquittal of Valentin Danilov, who had been charged with spying for 
China while working on a commercial contract. In November, Danilov was 
convicted by a judge and sentenced to 14 years in November.
    In April, a Moscow City Court found Igor Sutyagin, a disarmament 
researcher with the U.S. and Canada Institute, guilty of espionage and 
sentenced him to 15 years in a maximum security facility (the sentence 
included time served since his arrest in October 1999). Prosecutors 
accused Sutyagin of passing classified information about the country's 
nuclear weapons to a London based firm, but the Kaluga regional court 
ruled in 2001 that the evidence presented by the prosecutor did not 
support the charges brought against him and returned the case to the 
prosecutor for further investigation. Sutyagin claimed the decision was 
unjust and insisted that he had no access to confidential information. 
In August, the Supreme Court rejected his appeal. Some observers agreed 
that he had no access to classified information and regarded the severe 
sentence as an effort to discourage information sharing by citizens 
with professional colleagues from other countries. Russian government 
officials asserted that he had wittingly or unwittingly entered into a 
paid arrangement with a foreign intelligence service. As a result of 
the flawed conduct of the trial and lengthy sentence, a number of 
domestic and international human rights NGOs raised concerns that the 
charges were politically motivated, and AI declared Sutyagin to be a 
political prisoner.
    While there was broad agreement among human rights organizations 
that Sutyagin was a political prisoner, various organizations also 
characterized other individuals as political prisoners.

    f. Arbitrary Interference With Privacy, Family, or 
Correspondence.--The Constitution states that officials may enter a 
private residence only in cases prescribed by federal law or on the 
basis of a judicial decision; however, authorities did not always 
observe these provisions. The Constitution permits the Government to 
monitor correspondence, telephone conversations, and other means of 
communication only with judicial permission and prohibits the 
collection, storage, utilization, and dissemination of information 
about a person's private life without his consent. While these 
provisions were generally followed, problems still remained. 
Authorities continued to infringe on citizens' privacy rights. There 
were reports of electronic surveillance by government officials and 
others without judicial permission. Law enforcement officials in Moscow 
reportedly entered residences and other premises without warrants. 
There were no reports of government action against officials who 
violated these safeguards.
    Internet service providers are required to install, at their own 
expense, a device that routes all customer traffic to an FSB terminal, 
and framers of this ``System for Operational Investigative Measures'' 
(SORM 2) claimed that the regulation did not violate the Constitution 
or the Civil Code, because it requires a court order to authorize the 
FSB to read the transmissions. This requirement was upheld by a 2000 
Supreme Court ruling. However, there appeared to be no mechanism to 
prevent unauthorized FSB access to the traffic or private information 
without a warrant. The FSB was not required to provide 
telecommunications companies and individuals documentation on targets 
of interest prior to accessing information.
    A Doctrine of Information Security of the Russian Federation that 
President Putin signed in 2000, although without the force of law, 
indicated that law enforcement authorities should have wide discretion 
in carrying out SORM surveillance of telephone, cellular, and wireless 
communications. Human rights observers continued to allege that 
officers in the special services, including authorities at the highest 
levels of the MVD and the FSB, used their services' power to gather 
compromising materials on political and public figures, both as 
political insurance and to remove rivals. They accused persons in these 
agencies, both active and retired, of working with commercial or 
criminal organizations for the same purpose. There were credible 
reports that regional branches of the FSB continued to exert pressure 
on citizens employed by foreign firms and organizations, often with the 
goal of coercing them into becoming informants.
    Government forces in Chechnya looted valuables and food from 
private houses in regions that they controlled (see Section 1.g.).

    g. Use of Excessive Force and Violations of Humanitarian Law in 
Internal and External Conflicts.--During the year, federal forces and 
pro Moscow Chechen forces engaged in human rights violations, including 
torture, summary executions, disappearances, and arbitrary detentions. 
Chechen fighters also committed human rights violations, including 
several major acts of terrorism outside of Chechnya, and summary 
executions. Chechen terrorist Shamil Basayev claimed responsibility for 
the hostage taking in Beslan and other acts of terrorism against 
civilians.
    Federal authorities both military and civilian have limited 
journalists' access to war zones since the beginning of the second war 
in Chechnya in October 1999, in part due to security concerns. Most 
domestic journalists and editors appeared to exercise self censorship 
and avoid subjects embarrassing to the Government with regard to the 
conflict (see Section 2.a.). Human rights observers also faced 
limitations in access to the region (see Section 4). These restrictions 
made independent observation of conditions and verification of reports 
very difficult and limited the available sources of information 
concerning the conflict. However, human rights groups with staff in the 
region continued to release credible reports of human rights abuses and 
atrocities committed by federal forces during the year.
    The indiscriminate use of force by government troops in the 
conflict in the Chechen Republic has resulted in widespread civilian 
casualties and the displacement of hundreds of thousands of persons, 
the majority of whom sought refuge in the neighboring republic of 
Ingushetiya. The security situation continued to prevent most foreign 
observers from traveling to the region, and the Government enforced 
strict controls on both foreign and domestic media access (see Section 
2.a.).
    A wide range of reports indicated that federal military operations 
resulted in numerous civilian casualties and the massive destruction of 
property and infrastructure, despite claims by federal authorities that 
government forces utilized precision targeting when combating rebels. 
In most cases such actions were undertaken with impunity. After a 
federal warplane bombed Maidat Tsintsayeva's house in April, killing 
her and her five children, military and Chechen prosecutors opened a 
criminal case, but no charges had been filed by the end of the year. On 
December 3, a Russian helicopter launched several missiles at the 
village of Tevzen Kale, and one hit the house of the Suleymanov family. 
One family member was killed, and two others were wounded. The Chechen 
Interior Ministry told the press that the federal military refused to 
recognize that there was even a bombing attack on the village and was 
impeding all investigation efforts. There were no reliable estimates of 
the number of civilians killed as a result of federal military 
operations; estimates of the totals since 1999 varied from hundreds to 
thousands. It was also impossible to verify the number of civilians 
injured by federal forces. According to press reports, Chechen State 
Council Chairman Taus Dzhabrailov estimated in November that more than 
200,000 people had been killed in Chechnya since 1994, including 20,000 
children. Dzhabrailov said every year 2,000 to 3,000 people in Chechnya 
are killed, abducted, or go missing.
    Command and control among military and special police units often 
appeared to be weak. In addition to casualties attributable to 
indiscriminate use of force by the federal armed forces, individual 
federal servicemen or units committed many abuses. In June, for 
example, federal forces were believed to be responsible for the killing 
of Umar Zabiyev, a civilian, near the Ingush village of Galashki. Heavy 
machine gun fire hit the car in which Zabiyev, his brother, and his 
mother were riding. The gunfire was believed to have come from a nearby 
column of armored vehicles. Umar Zabiyev stayed with his injured mother 
and sent his brother to bring help. When villagers arrived a short time 
later, Umar was missing. His body was found the next morning bearing 
clear marks of torture and gunshot wounds. Police searching the area 
found more than 100 spent cartridges and other items that indicated the 
presence of federal military personnel.
    According to human rights observers, government forces responding 
to Chechen attacks at times engaged in indiscriminate reprisals against 
combatants and noncombatants alike.
    Although indiscriminate mopping up or ``cleansing'' operations 
known as ``zachistki'' continued sporadically throughout the year, 
federal forces more frequently engaged in more targeted operations 
known as ``night raids'' to arrest suspected Chechen fighters. The 
human rights NGO Memorial reported that the number of human rights 
violations occurring during these operations was lower than in previous 
years. Memorial also noted that zachistki conducted with Chechen MVD 
representatives present generally resulted in fewer human rights 
abuses. Although the night raids reduced large scale abuses that often 
accompanied zachistki, human rights organizations indicated that 
disappearances of those detained in these raids continued. Kidnappings 
by federal forces were reported during the year. For example, in 
January, federal forces conducted a sweep in the town of Argun. 
According to reports, the federal forces dragged residents from their 
beds and took them to a quarry where they detained and tortured them. 
Relatives of the detained later found two bodies that had been blown up 
in the quarry. Residents were able to identify one of the bodies as a 
resident whom federal forces had arrested. Only after mass protests in 
Argun were most of those detained released. All of them showed signs of 
physical abuse and required medical attention.
    In July, as a result of continued kidnappings in the republic, the 
Chechen Government announced a new effort to have security forces 
adhere to Order Number 80, issued in 2002, which establishes rules 
governing passport checks and mopping up operations. It requires the 
military forces to have license plates on their vehicles when entering 
a village, to be accompanied by a representative of the prosecutor's 
office and local officials, to identify themselves when entering a 
house, and to make lists of all persons arrested during the operation 
and share it with local authorities. Chechen officials subsequently 
declared a ban on law enforcement officers wearing masks as well. At 
year's end, Memorial was not aware of any cases in which Order Number 
80 was properly observed. The organization was informed of several 
occasions in which unidentified armed men wearing camouflage broke into 
houses and abducted civilians.
    Many individuals were declared missing during the year, although 
estimates of the total number varied. Some of the disappeared were 
feared dead, others were detained, and yet others were kidnapped. 
Chechen President Kadyrov stated on March 18 that an estimated 3,000 
persons had disappeared in Chechnya in recent years; however, the NGO 
community reported that the number was higher than the official Chechen 
Government figure. According to Memorial, 1,450 people have disappeared 
during the Chechen war. Memorial reported that, during the year, the 
number of disappearances dropped to 396 from 495 cases registered in 
2003 in the 25 to 30 percent of Chechnya to which they had access. Of 
those, 189 were freed by their abductors or released after relatives 
paid a ransom, 173 disappeared without a trace, and 24 bodies showing 
signs of torture or violent death were recovered. Human Rights 
Ombudsman Vladimir Lukin estimated that 1,700 people were kidnapped 
throughout Chechnya between January and November, which appeared 
consistent with Memorial's figures.
    AI reported that women were increasingly targeted by federal and 
Chechen security forces in response to suicide bombings carried out by 
Chechen women. AI reported that a member of the security forces 
questioned one such woman, Milana Ozdoyeva, on two occasions in January 
about allegations that she wanted to become a suicide bomber. On 
January 19, several men entered her house and forced her to go with 
them, leaving her two children behind. At year's end, her whereabouts 
remained unknown.
    Troops also reportedly kidnapped and otherwise mistreated children 
(see Section 5).
    There were reports that disappearances increased also in 
neighboring Ingushetiya. Although Ingush President Murat Zyazikov 
stated he was aware of only seven such cases, human rights groups 
estimated that several dozen individuals had disappeared. One of those 
was Deputy Prosecutor Rashid Ozdoyev, who disappeared in March after 
submitting a report on alleged abuses committed by the FSB in 
Ingushetiya. Prosecutors opened an investigation, but Ozdoyev's 
whereabouts remained unknown.
    Memorial and other NGOs charged that government forces, including 
Chechen security forces commanded by Kadyrov's son, Ramzan, were 
responsible for many kidnappings. Memorial has sought to pursue the 
majority of these cases with the Prosecutor General's office, but 
proceedings were dropped in four fifths of the cases due to the fact 
that no suspects could be identified. While many disappearances 
remained unresolved, the abductors released most of those taken, often 
after their relatives paid a bribe. Federal and Chechen officials, 
including then President Akhmed Kadyrov, acknowledged that 
disappearances continued but attributed many of them to separatist 
fighters.
    On January 29, human rights activist Imran Ezhiyev, the head of 
Chechen regional office of the Russian Chechen Friendship Society and a 
regional representative of the Moscow Helsinki Group, was detained by 
Ingush police and held overnight while accompanying Ella Pamfilova, 
head of the Presidential Human Rights Commission. Ezhiyev has been 
detained 18 times.
    In April, five men who reportedly shouted, ``You got what you're 
asking for. No more speeches for you [in court],'' knocked human rights 
lawyer Stanislav Markelov unconscious on the Moscow metro. After 
regaining consciousness, Markelov discovered that his mobile phone 
containing the phone numbers of his clients, his lawyer's license card, 
and other identity documents and case files were missing, but his money 
had not been stolen. AI expressed concern that he was targeted due to 
his work on behalf of victims in several human rights cases that relate 
to Chechnya.
    Also in April, Arjan Erkel, the head of the Doctors Without Borders 
mission in Dagestan, was released after a $1.35 million (1 million 
euro) ransom was paid, with federal Government mediation, to his 
captors, who remained unknown (see Section 1.b.). Such events and 
overall security problems led many NGOs to limit their activities in 
the North Caucasus.
    Federal forces and police also conducted security sweeps in 
neighboring Ingushetiya that resulted in reported human rights 
violations and disappearances. Following rebel attacks across 
Ingushetiya on June 21 and 22, federal forces conducted sweeps in 
several settlements housing internally displaced persons (IDPs) from 
Chechnya. Human rights groups reported several cases in which military 
personnel beat or verbally abused persons during these sweeps; however, 
the 20 IDPs they arrested were all released. Additionally, human rights 
groups reported that there were several dozen cases of disappearance of 
Ingush and Chechens in Ingushetiya. As with similar operations in 
Chechnya, reports of beatings, arbitrary detentions, and looting 
usually followed these operations. According to Human Rights Watch 
(HRW), in August 2003, pro Moscow Chechen police abducted five men from 
a clinic in Ingushetiya. Police reportedly burst into the clinic firing 
weapons. One of those detained was injured. One of the policemen struck 
a doctor with a rifle. As of the end of the year, neither HRW nor 
Memorial knew of the five men's whereabouts. Ingush prosecutors opened 
a criminal case.
    Pro Moscow Chechen forces commanded by Ramzan Kadyrov and federal 
troops also began arresting relatives of Chechen separatist leaders in 
an effort to force the leaders to surrender, according to human rights 
groups. Memorial and AI reported that in late February and early March, 
Kadyrov's forces seized several dozen relatives of Magomed and Omar 
Khambiyev, respectively, the defense and health ministers in the 
``separatist government.'' They then threatened that unless Magomed 
Khambiyev gave himself up, his relatives would be harmed. He 
surrendered in early March.
    In September, during the hostage taking at School No. 1 in Beslan, 
press and human rights groups reported that federal forces took into 
custody relatives of Aslan Maskhadov, Shamil Basayev, and Doku Umarov, 
whom authorities accused of organizing the hostage taking. Federal 
forces stated this was for their protection, whereas human rights 
groups alleged that the relatives would be used in a potential trade 
for hostages at the school. The relatives were subsequently released, 
but in December, according to Memorial, eight family members of Chechen 
leader Aslan Maskhadov were abducted.
    Government forces and Chechen fighters have used landmines 
extensively in Chechnya and Dagestan since 1999; there were many 
civilian landmine victims in Chechnya during the year. Federal forces 
and Chechen fighters continued to use antipersonnel mines in Chechnya. 
Reports from hospitals operating in the region indicated that many 
patients were landmine or unexploded ordnance victims and that such 
weaponry was the primary cause of death. Government officials reported 
that in Chechnya there were 5,695 landmine casualties in 2002 (the 
latest year for which statistics were available), including 125 deaths. 
The victims included 938 children. By comparison, there had been 2,140 
landmine casualties in 2001.
    New mass graves and ``dumping grounds'' for victims allegedly 
executed by government forces in Chechnya during the year and earlier 
were discovered. In April, local residents near the village of Serzhen 
Yurt found the bodies of nine men in a ravine. According to AI, the 
bodies bore gunshot wounds and marks of torture. Federal forces had 
detained eight of the men on March 27 in the village of Duba Yurt. The 
ninth man had ``disappeared'' from his home in Groznyy during the night 
of April 12, according to AI. There were no reports by year's end that 
the Government had initiated any criminal cases related to the mass 
grave discoveries.
    Armed forces and police units reportedly routinely abused and 
tortured persons held at holding facilities where federal authorities 
sorted out fighters or those suspected of aiding the rebels from 
civilians. Federal forces reportedly ransomed Chechen detainees (and, 
at times, their corpses) to their families for prices ranging from 
several hundred to thousands of dollars.
    AI reported that Timur Khambulatov died in police custody in March. 
An estimated 40 armed men arrested Khambulatov at his home in the 
Chechen village of Savelevskaya on March 18 on suspicion of belonging 
to an illegal armed group. Later that same morning, a district 
prosecutor reportedly found him dead in a police cell. According to AI, 
police claimed Khambulatov was near death when operatives from the FSB 
handed him over to them. The local head of the FSB reportedly told 
Khambulatov's mother that his officers had not touched her son.
    There were widespread reports of the killing or abuse of captured 
fighters by federal troops, as well as reports that captured federal 
troops and pro Moscow Chechen security forces were killed or abused by 
the Chechen fighters, and a policy of ``no surrender'' appeared to 
prevail in many units on both sides. Federal forces reportedly beat, 
raped, tortured, and killed numerous detainees.
    According to human rights NGOs, federal troops on numerous 
occasions looted valuables and foodstuffs in regions they controlled. 
Many IDPs reported that guards at checkpoints forced them to provide 
payments or harassed and pressured them. There were some reports that 
federal troops purposefully targeted some infrastructure essential to 
the survival of the civilian population, such as water facilities or 
hospitals. The indiscriminate use of force by federal troops caused 
destruction of housing and commercial and administrative structures. 
However, compared to 2001-02, Memorial reported that government forces 
used less indiscriminate force during the year against civilian areas. 
In most cases, the artillery attacks and bombings that occurred were 
the result of mistakes, bad performance, and alcoholism. Federal troops 
also reportedly severely damaged gas and water supply facilities and 
other types of infrastructure. Representatives of international 
organizations and NGOs who visited Chechnya reported little evidence of 
federal assistance for rebuilding war torn areas.
    A climate of lawlessness, corruption, and impunity flourished in 
Chechnya. The Government investigated and tried some members of the 
military for crimes against civilians in Chechnya; however, there were 
few convictions and the reported number of convictions differed. 
According to statistics released to the press by the General 
Prosecutor's office in early December, over the last 3 years 1,749 
criminal cases were initiated in Chechnya to investigate approximately 
2,300 cases involving disappeared persons. Out of these, only 50 cases 
were completely investigated and reached the courts. During the same 
time period, 22 servicemen were convicted and sentenced for committing 
serious crimes against civilians. However, in most cases the punishment 
was limited to a suspended sentence.
    Memorial noted that the General Prosecutor's office has been 
inconsistent in its figures concerning the number of crimes committed 
by servicemen against civilians. In February 2003, the Deputy 
Prosecutor General reported that during the years of the anti-terrorist 
operation in Chechnya, 417 cases were initiated, but investigations 
were halted for 341 cases because the suspects had not been found. 
Then, in August, the Deputy Prosecutor General announced that only 132 
cases were opened, and all but 10 were still under investigation. No 
further information was provided to explain the discrepancy.
    According to Justice Minister Yuriy Chayka, from the start of the 
conflict through November 2003, 54 servicemen, including 8 officers, 
had been found guilty of crimes against civilians in Chechnya. Four 
servicemen, including three officers, were on trial for murder charges 
over the 2002 deaths of six Chechen civilians in a court in the 
southern city of Rostov on Don.
    On November 11, the Supreme Court overturned the North Caucasus 
Military District Court's June 29 acquittal of two officers of the 
Interior Ministry's troops, Yevgeniy Khudyakov and Sergey Arakcheyev, 
who had been accused of murdering three civilians in Chechnya. A news 
service reported that the Court found that the jury for the trial was 
convened improperly. Khudyakov and Arakcheyev allegedly shot the three 
civilians in January 2003 after forcing them out of a truck near 
Groznyy. The suspects then allegedly doused the victims' bodies with 
gasoline and ignited them in attempt to cover up the crime.
    Memorial concluded that the majority of cases opened for alleged 
crimes by federal servicemen against civilians resulted in no charges. 
Cases were closed or investigations suspended because of the absence of 
the bodies or because of an inability to identify a suspect.
    In April, Chechen President Akhmed Kadyrov asked that the State 
Duma extend an amnesty that expired in September 2003, but in June, 
following Akhmed Kadyrov's assassination, his son Ramzan stated that 
the amnesty program should be ended and gave fighters 3 days to turn in 
their weapons.
    Government forces continued to abuse individuals seeking 
accountability for abuses in Chechnya, continuing their harassment of 
applicants to the European Court of Human Rights (ECHR). In January, 
human rights activist Aslan Davletukayev was kidnapped, tortured, and 
killed in Chechnya, under circumstances that suggested the involvement 
of government forces. He was the third volunteer with the Society for 
Russian Chechen Friendship to have been killed since December 2001. 
According to AI and other human rights groups, he had been in the 
custody of federal forces and the criminal investigation into the 
incident was inconclusive. The Society reported that it received 
anonymous threats following the September seizure of the school in 
Beslan, North Ossetia. According to AI, on April 10, federal forces 
abducted Anzor Pokayev, whose father had appealed to the ECHR in July 
2003 in the case of the 2002 disappearance of his other son during a 
military raid. The morning after the abduction, Anzor's body was found 
approximately 6 miles away, with multiple gunshot wounds. On September 
3, Memorial reported that federal forces had abducted Fatima Gazayeva 
of the human rights organization Echoes of War, a regional organization 
that reported on human rights abuses, and her husband Ilyas Atayev. 
Gazayeva and Atayev were released 2 days later, but they had no idea 
where they had been kept and by whom. They indicated that their captors 
had treated them fairly.
    The authorities initiated legal actions against the Society's 
activities and those of the Chechen Committee for National Salvation 
(see Sections 2.a. and 4).
    On January 22, President Putin abolished the special post of 
Presidential Human Rights Representative to Chechnya, handing full 
responsibility for the issue to Chechen President Akhmed Kadyrov, on 
the grounds that no other region had an analogous representative and 
Chechnya no longer warranted special treatment. The Independent 
Commission on Human Rights in the Northern Caucasus headed by the 
Chairman of the State Duma Committee on Legislation maintained a number 
of offices in Chechnya and Ingushetiya. This organization heard 
hundreds of complaints from citizens, ranging from destruction or theft 
of property to rape and murder; however, it was not empowered to 
investigate or prosecute alleged offenses and had to refer complaints 
to military or civil prosecutors. Almost all complainants alleged 
violations of military discipline and other common crimes.
    In early June, Chechen President Alkhanov signed an order to 
appoint Lema Khasuyev as the Chechen Republic's new human rights 
Ombudsman. Khasuyev had been a deputy of two former presidential envoys 
for human rights in Chechnya. Human rights groups were skeptical that 
the appointment of a new ombudsman would significantly improve the 
situation.
    Chechen rebel fighters also committed serious human rights abuses. 
According to observers, Chechen fighters usually operated independently 
in small groups; however, the June attacks on Nazran suggested they 
were capable of operating in larger groups under a more centralized 
command. According to various reports, they committed terrorist acts 
against civilians in Chechnya and elsewhere in the country, killed 
civilians who would not assist them, used civilians as human shields, 
forced civilians to build fortifications, and prevented refugees from 
fleeing Chechnya. In several cases, Chechen fighters killed elderly 
ethnic Russian civilians for no apparent reason other than their 
ethnicity. As with the many reported violations by federal troops, 
there were difficulties in verifying or investigating these incidents. 
According to Chechen Minister of Internal Affairs Ruslan Alkhanov, 120 
attacks that he characterized as terrorist were committed in Chechnya 
during the year, but it is unclear what methodology was used to 
identify the number of terrorist acts. Alkhanov said this figure was 
lower than in 2003.
    A number of the terrorist acts committed by Chechen rebels during 
the year involved suicide bombings. On February 6, a suicide bomber 
killed 40 persons by blowing up a Moscow metro passenger car. Terrorist 
Shamil Basayev claimed responsibility, and in March, terrorist Abu al 
Walid stated that further attacks should be expected. On August 24, 
suicide bombers from Chechnya were believed to have carried out the 
near simultaneous downing of 2 aircraft, killing 89 persons. On August 
31, a suicide bomber killed 10 persons at the Rizhskaya metro station.
    On September 1, terrorists took an estimated 1,200 teachers, 
children and parents hostage at School Number 1, in Beslan, North 
Ossetia. Hostage takers reportedly killed 15 to 20 adult men on the 
first day of the seizure. They held the hostages for 58 hours, during 
which they denied them food and water. The siege ended violently; 
according to press reports, an explosive rigged by the terrorists 
detonated, and in the ensuing panic, they began shooting hostages who 
were attempting to flee. Security forces and armed relatives of the 
hostages returned fire and stormed the school. At least 338 hostages 
died, many of them trapped in the gymnasium when its roof collapsed. 
Security forces subsequently killed all or most of the hostage takers 
in a firefight that lasted several hours. According to some reports, a 
mob lynched one terrorist captured by security forces. Another was 
arrested and held by the authorities.
    In other incidents, rebels took up positions in populated areas and 
fired on federal forces, thereby exposing civilians to federal 
counterattacks. When villagers protested, the rebels sometimes beat 
them or fired upon them. Chechen fighters also targeted civilian 
officials working for the pro Moscow Chechen Administration. In May, 
Chechen President Akhmed Kadyrov was assassinated while attending a 
Victory Day celebration in Groznyy. Chechen fighters also reportedly 
abused, tortured, and killed captured federal soldiers. Rebels 
continued a concerted campaign, begun in 2001, to kill civilian 
officials of the government supported Chechen administration. According 
to Chechen sources, rebel factions also used violence to eliminate 
their economic rivals in illegal activities or to settle personal 
accounts.
    Chechen rebels continued to launch attacks on government forces and 
police in Ingushetiya during the year.
    Rebel field commanders reportedly were responsible for funding 
their units, and some allegedly resorted to drug smuggling and 
kidnapping to raise funds. As a result, it often was difficult, if not 
impossible, to distinguish between rebel units and criminal gangs. Some 
rebels allegedly received financial and other forms of assistance from 
foreign supporters of international terrorism. Government officials 
continued to maintain that there were 200 to 300 foreign fighters in 
Chechnya.
    According to a 2002 report by the U.N. Special Representative for 
Children and Armed Conflict, Chechen rebels used children to plant 
landmines and explosives (see Section 5).
    International organizations estimated that the number of IDPs and 
refugees who left Chechnya as a result of the conflict reached a high 
of approximately 280,000 in the spring of 2000 (see Section 2.d.). At 
various times during the conflict, authorities have restricted the 
movement of persons fleeing Chechnya and exerted pressure on them to 
return to Chechnya (see Section 2.d.). As of November 30, the United 
Nations High Commission for Refugees (UNHCR) estimated that 38,838 IDPs 
remained in Ingushetiya; 24,534 were living in private accommodation 
and 14,304 were in temporary settlements.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The Constitution provides for 
freedom of speech and of the press; however, government pressure on the 
media persisted, resulting in numerous infringements of these rights. 
Faced with continuing financial difficulties, as well as pressure from 
the Government and large private companies with links to the 
Government, many media organizations saw their autonomy further 
weakened during the year. The Government increasingly used its 
controlling ownership interest in all national, and a majority of 
regional, television and radio stations to restrict access to 
information about issues it regarded as sensitive. By a variety of 
means, it severely restricted coverage by all media of events in 
Chechnya. There were indications that government pressure at times led 
reporters to engage in self censorship. On most subjects, however, the 
public continued to have access to a broad spectrum of viewpoints in 
the print media and, for those with access, on the Internet.
    While the Government generally respected citizens' right to freedom 
of expression, at times it restricted this right with regard to such 
sensitive issues as the conduct of federal forces in Chechnya, 
discussions of religion, or controversial reforms in the social sector. 
Some regional and local authorities took advantage of the judicial 
system's procedural weaknesses to arrest persons on false pretexts for 
expressing views critical of the Government. With some exceptions, 
judges appeared unwilling to challenge powerful federal and local 
officials who sought to prosecute journalists. These proceedings often 
resulted in stiff fines.
    All but 1 national newspaper remained privately owned, as were more 
than 40 percent of the 45,000 registered local newspapers and 
periodicals; however, the Government attempted to influence the 
reporting of independent publications. Approximately two thirds of the 
2,500 television stations in the country were completely or partially 
owned by the federal and local governments, and the Government 
indirectly influenced most private broadcasting companies through 
partial ownership of commercial structures, such as energy giants 
Gazprom and Lukoil, which in turn owned large shares of media 
companies. Such influence was far from uniform, however. Gazprom 
financed radio station Ekho Moskviy, for example, maintained a highly 
independent editorial position and its reporting and commentary were 
frequently critical of the Government.
    Of the three national television stations, the Government owned 
Rossiya Channel and a majority of First Channel. The Government owned a 
controlling stake of Gazprom, which in turn had a controlling ownership 
stake in the third national television station, NTV, which maintained a 
more independent editorial line. The Government also maintained 
ownership of the largest radio stations, Radio Mayak and Radio Rossiya, 
and the news agencies ITAR TASS and RIA Novosti.
    The Government exerted its influence most directly on state owned 
media. Journalists and news anchors of Rossiya and First Channel 
reported receiving ``guidelines'' from the management prepared by the 
Presidential Administration, indicating which politicians they should 
support and which they should criticize. Criticism of presidential 
policies was prohibited in the state owned media and strongly 
discouraged on NTV and in many privately owned print publications, 
although with little apparent effect in many privately owned print 
publications.
    Correspondents claimed that senior management often asked them to 
obtain approval for reports on sensitive political matters prior to 
broadcasting and that management edited out ``negative language'' about 
government officials and policies. For example, the press reported that 
government owned channels received ``style lists'' mandating that 
references to ``Chechnya'' be replaced with ``Republic of Chechnya'' (a 
usage that reinforced the Government's view of Chechnya as a 
constituent republic of the Russian Federation) and that the phrase 
``replacing benefits with money'' (a highly unpopular government 
policy) be replaced with ``monetized benefits.'' Despite these 
constraints, high level Presidential Administration officials 
reportedly complained to Rossiya and First Channel executives about 
reporting they viewed as critical of the President.
    During the year, the Government further circumscribed the editorial 
independence and political influence of NTV. In June, NTV fired Leonid 
Parfenov, host of the popular news analysis program Namedni, after he 
publicly protested the station's decision not to broadcast an interview 
with the widow of Chechen separatist leader Zelimkhan Yandarbiyev. In 
July, Gazprom Media installed Vladimir Kulistikov, former news director 
of state owned Rossiya Channel, as head of NTV, and Kulistikov abruptly 
shut down most of the network's political programs, including the 
popular Svoboda Slova (Freedom of Speech), the last remaining live 
discussion format talk show on national television. In December, 
Kulistikov suspended popular journalist Aleksey Pivovarov as anchor of 
the network's flagship news program Strana i Mir after he commented on 
the firing of Parfenov. NTV largely preserved its relatively balanced 
approach to news reporting; however, these measures further reduced the 
opportunity for free expression on television.
    The state owned Sports Channel continued to broadcast on the 
federal frequency formerly used by the privately owned Television 
Spektrum (TVS), which authorities took off the air in 2003, assigning 
the frequency to Sports Channel on a temporary basis. TVS had been the 
only non state affiliated channel. Its demise was variously attributed 
to political motives and commercial maneuvering. No efforts to restore 
TVS were reported during the year.
    The degree of editorial freedom tolerated by authorities appeared 
to depend on the size of the audience. For example, Ren-TV, which 
reaches over 65 percent of the nationwide audience but only has an 
audience share of approximately 5 percent, was frequently sharply 
critical of the Kremlin. However, Ren-TV's regional affiliates often 
replaced prime-time news programs critical of the government with local 
news. This practice, coupled with a lack of interest in ``Moscow 
politics'' on the part of provincial audiences reduces the channel's 
impact on public opinion.
    Government controlled media exhibited considerable bias in favor of 
President Putin in their coverage of the March 14 presidential 
campaign. President Putin did not actively campaign, but, as the OSCE 
election observation mission noted, he received coverage on the state 
controlled television channels far beyond what was reasonably 
proportionate to his role as head of state. For example, the OSCE 
election observation mission reported that First Channel provided more 
than 4 hours of all positive political and election coverage to the 
President. The next most covered candidate received approximately 21 
minutes of prime time coverage (see Section 3).
    The authorities continued to exert pressure in a number of ways on 
journalists, particularly those who reported on corruption or who 
criticized officials. The media freedom advocacy group Glasnost Defense 
Foundation (GDF), together with Journalists Without Borders and the 
Committee to Protect Journalists (CPJ), documented numerous cases of 
censorship and police intimidation of media personnel.
    In August, the Kremlin transferred control of media access to the 
area of the Chechen conflict to the Ministry of Interior. On December 
2, a court in Ingushetiya ordered the deportation of Kosuke Tsuneoka, 
Moscow based correspondent for Kyodo Tsuin, who was detained by police 
in Nazran, Ingushetiya, and accused of lacking proper registration. 
While Tsuneoka had a valid business visa, authorities stated that 
Tsuneoka did not have a journalist visa and had failed to obtain 
special permission to report from the conflict zone. Government 
interference was particularly notable in relation to the war in 
Chechnya and neighboring republics (see Section 1.g.), and especially 
in connection with the Beslan school hostage crisis in September. 
Domestic and international human rights advocates accused the 
Government of failing to provide timely and accurate information about 
the scale and consequences of the crisis. The press quoted freed 
hostages as saying that distorted reporting by state television, which 
significantly understated the number of hostages, enraged the 
terrorists. Local residents also harassed the press for their coverage 
of the incident in Beslan, according to an OSCE report published on 
September 16. Two days after the release of the hostages, local 
residents beat Aleksandr Kots, correspondent of the national daily 
Komsomolskaya Pravda, after accusing him of distorting facts. The media 
reported that many other journalists, including the crews of Rossiya 
Channel, Television Center, Ren TV, a Swedish reporter, and a French 
cameraman, were assaulted or had their tapes taken away.
    According to the OSCE, police detained a number of journalists, 
including Anna Gorbatova and Oksana Semyonova from Noviye Izvestiya 
daily, Madina Shavlokhova from Moskovskiy Komsomolets and Yelena 
Milashina from Novaya Gazeta and held them for several hours.
    Anna Politkovskaya, a prominent correspondent of the daily Novaya 
Gazeta, who planned to arrive in Beslan on September 3, was unable to 
do so following severe poisoning she experienced on the flight from 
Moscow. According to Politkovskaya, she only had a cup of tea on the 
plane. After landing in Rostov on Don, she was taken to intensive care 
and later transported back to Moscow. Some human rights activists 
believed the authorities poisoned her to keep her from covering 
developments in Beslan.
    On September 2, the police at Vnukovo airport in Moscow detained 
Andrey Babitskiy, a correspondent of Radio Liberty, before he was able 
to take a flight to Mineralniye Vody in the North Caucasus. According 
to Babitskiy, police accused him of carrying explosives but released 
him after searching his luggage. After Babitskiy left the police 
station, two young men reportedly approached him and started a dispute. 
The police immediately detained all three and forced Babitskiy to 
undergo a medical examination to determine if he had suffered any 
injuries from the incident. Although Babitskiy was detained as a 
victim, he was not released, and the next day a Justice of the Peace 
sentenced him to a 15 day prison term on charges of hooliganism, which 
was later commuted to a fine of approximately $34 (1,000 rubles) fine. 
Some human rights activists believed the authorities staged the 
incident to keep Babitskiy from covering developments in Beslan and the 
North Caucasus.
    The OSCE reported a number of attempts by authorities to prevent 
foreign journalists from covering the hostage crisis. On September 2, 
police and FSB representatives detained Polish, French, and British 
journalists at the airport in Mineralniye Vody. The authorities 
questioned the journalists for several hours, photocopied their 
documents, and thoroughly checked their equipment. On September 3, 
authorities confiscated tapes containing footage of the school storming 
from several domestic and foreign television crews.
    The NTV television channel was the first to broadcast live coverage 
of the September 3 explosions and shooting in the school, followed by 
the freeing of the hostages, although NTV only broadcast the first 90 
minutes of developing events. State television networks did not begin 
live broadcasts until almost an hour after the explosions. Media 
experts believed the state television networks were slow to cover the 
story because they were waiting for government permission to do so.
    On September 5, Prof Media, owner of the leading daily newspaper 
Izvestiya, fired chief editor Raf Shakirov after large photographs of 
killed and injured children appeared in the previous day's newspaper. 
Shakirov attributed his firing to Prof Media's strong disapproval of 
the publication of the photographs. Other media analysts attributed 
Shakirov's abrupt dismissal to the Kremlin's anger about the 
publication of the photographs.
    In August, the prosecutor's office charged the Chechen Committee 
for National Salvation (ChCNS) with violating the law by disseminating 
extremist information with the aim of accusing the country's armed 
forces and law enforcement bodies of mass crimes. The prosecutor's 
office further claimed that in this way the ChCNS was purposefully 
inciting public hostility toward representatives of the State and 
attempting to make the population resist the State. The prosecutor's 
office requested a court hearing to have the press releases examined 
and recognized as ``extremist''; however, in October, a municipal court 
in Ingushetiya ruled in favor of the organization.
    Apart from events related to the Caucasus, the GDF and other media 
freedom monitoring organizations reported numerous abuses of 
journalists by police and other security personnel, which included 
physical assault and the damaging of equipment.
    For example, while dispersing a rally near the Cabinet headquarters 
in Moscow on June 1, members of the Federal Guard Service attacked Oleg 
Kashin, a correspondent for the daily newspaper Kommersant. After 
beating Kashin, who was later diagnosed with a brain concussion, they 
took him to a police station, where he was detained for 18 hours.
    On August 26, police beat Olga Rogozhina, a correspondent of the 
Volga television station in Nizhniy Novgorod, who tried to report on a 
police raid on the office of a local advertising firm.
    On September 21, unknown assailants dressed in civilian clothes 
beat a number of journalists after police broke up a rally against 
Kalmyk Republic President Kirsan Ilyumzhinov in the republic's capital, 
Elista. The journalists included an NTV camera crew and Kirill 
Shulepov, a correspondent for the Rossiya network, who was severely 
beaten and had his camera destroyed.
    A number of other journalists were killed, reported missing, or 
beaten for reasons that may have been associated with their 
journalistic activities. These journalists had published critical 
information about local officials and influential businesses or 
reported on crime and other sensitive issues. Although independent 
media NGOs reported a decrease in physical violence compared to 2003, 
they still characterized beatings of journalists by unknown assailants 
as ``routine,'' noting that those who pursued investigative stories on 
corruption and organized crime found themselves at greatest risk.
    According to the GDF, 5 journalists died during the year under 
suspicious circumstances, and 43 were physically attacked. In most 
cases where assailants physically attacked journalists, authorities and 
observers were unable to establish a direct link between the assault 
and those who reportedly had taken offense at the reporting in 
question.
    Shangysh Mongush, a newspaper journalist in Tyz, Tuva Republic, who 
had been missing since January, was found fatally stabbed on June 5. 
The journalist's colleagues linked his death to his investigative 
reporting on illegal alcohol production in Tuva. There was no 
information regarding the investigation of Mongush's killing at year's 
end.
    On February 1, Yefim Sukhanov, a Television Center Arkhangelsk 
correspondent, was found fatally stabbed in his apartment. On July 21, 
a court sentenced an 18 year old local resident to a 9 year prison term 
for murdering Sukhanov. Although the police investigation attributed 
the journalist's killing to a robbery attempt, Sukhanov's colleagues 
stated that his investigative reporting on poaching in Arkhangelsk made 
him a potential target.
    On July 9, Paul Klebnikov, the editor of Forbes Russia magazine, 
was shot and killed outside his Moscow office. Still conscious for a 
short time after the assault, Klebnikov told a colleague that he did 
not know who might have ordered the attack. Launched in April, Forbes 
Russia conducted investigative reporting on the political and business 
elite, and in May it published a list of the country's 100 richest 
persons, some of whom reportedly were unhappy about the publicity. On 
November 18, authorities in Minsk, Belarus, arrested a Russian citizen 
from Chechnya on suspicion of Klebnikov's killing. The media, including 
the leading dailies Kommersant and Izvestiya, reported that 
investigators related Klebnikov's murder to his work on a book about 
the embezzlement of budget funds for the post war reconstruction of 
Chechnya. According to the November 30 Kommersant, the suspect was also 
believed to be involved in the murder of a former head of the Chechen 
Administration, who reportedly provided facts for Klebnikov's book.
    Other investigative journalists attacked during the year in 
circumstances suggesting that their professional work may have provided 
the motive for their attackers included Aleksey Mukhin,a television 
journalist in Dzerzhinsk, Nizhniy Novgorod region; Marina Ivashina, a 
journalist with the newspaper Orlovskiye Novosti in Oryol region; and 
Fyodor Krasheninnikov, editor of the Politsovet news agency in 
Yekaterinburg.
    High profile cases of journalists killed or kidnapped in earlier 
years remained unsolved. On October 11, a court in Tolyatti, Samara 
region, acquitted a local factory worker charged with the murder of 
Aleksey Sidorov, editor in chief of the daily newspaper Tolyattinskoye 
Obozreniye, who was stabbed near the entrance to his apartment building 
in 2003. The Samara regional court confirmed the acquittal on November 
26. Local media and media advocacy organizations were skeptical about 
the Government's case, which attributed the murder to hooliganism. They 
linked the journalist's death to his investigative reporting on 
Tolyatti authorities' connections with the city's criminal groups, 
whose activities centered on the Tolyatti based VAZ automobile plant. 
The GDF sent a letter to Prosecutor General Vladimir Ustinov, saying 
that, although a lawyer representing Sidorov's family presented 
evidence of local organized crime's involvement in Sidorov's murder, 
local authorities ignored it instead pressuring Sidorov's family, 
witnesses, and journalists reporting on the trial not to question the 
official version of the case.
    On June 10, the Moscow Circuit Military Court again acquitted all 
the defendants accused of organizing the 1994 murder of Dmitriy 
Kholodov, military affairs correspondent for the daily newspaper 
Moskovskiy Komsomolets. A previous acquittal of the defendants in 2002 
had been overturned in 2003 by the Military Collegium of the Supreme 
Court, which ruled that the Moscow Circuit Military Court had ``failed 
to take all available evidence into account,'' citing in particular the 
testimony of one defendant that then Minister of Defense Pavel Grachev 
had asked him to ``deal with Kholodov'' because of the journalist's 
coverage of corruption in the military. Although the 10 year statute of 
limitations on Kholodov's case expired on October 17, making it 
impossible to sentence the defendants to prison terms even if the June 
10 acquittal were to be overturned, the Office of the Prosecutor 
General on December 6 appealed to the Supreme Court to begin a new 
trial.
    Other unresolved cases of missing or killed journalists from 2003 
include: Dmitriy Shvets, deputy head of TV 21 in Murmansk; Alikhan 
Guliyev, a freelance journalist covering Chechnya for Television Center 
and the daily newspaper Kommersant; and Ali Astamirov, an Agence France 
Presse correspondent kidnapped in Ingushetiya. Cases from 2002 include: 
Nataliya Skryl, correspondent for the Taganrog newspaper Nashe Vremya; 
Sergey Kalinovskiy, editor in chief of the newspaper Moskovskiy 
Komsomolets Smolensk; Valeriy Ivanov, editor in chief of Tolyattinskoye 
Obozreniye; Aleksandr Plotnikov, founder of the newspaper Gostinyy 
Dvor; Chuvash reporter Nikolay Vasilyev; Igor Salikov, head of 
information security for Moskovskiy Komsomolets Penza; Yuriy Frolov, 
deputy director of Propaganda Publishing; and Ilyas Magomedov, head of 
the independent station Groznyy Television.
    Authorities at all levels employed administrative measures to deter 
critical coverage by media and individual journalists. One method was 
to deny media access to events and information, including filming 
opportunities and statistics theoretically available to the public. For 
example, in February, a judge in Volzhsk, Mary El Republic, prohibited 
a number of journalists from attending a court session in the trial of 
a local official accused of stealing government funds. Although the 
session was formally open, the judge ordered journalists from the local 
publications Nash Gorod, Volzhskaya Pravda, and Molodyozhniy Kuryer to 
leave the courtroom. Local journalists stated this was part of a 
pattern in which they were normally barred from attending open sessions 
of the Volzhsk city court unless they promised not to file stories. On 
May 27, Aleksandr Khristoforov, Deputy Speaker of the regional 
legislature in Pskov, abruptly ordered journalists covering one 
legislative session to leave. After some journalists insisted on 
staying, Khristroforov physically assaulted Vadim Guzinin, a 
photographer of the local news agency RIM; Guzinin subsequently filed a 
lawsuit against Khristoforov. On September 20, Grigoriy Shatravka, 
mayor of Irbit, Sverdlovsk region, attacked Tatyana Novokreshchyonova, 
director of the local station Irbit TV, who tried to cover his meeting 
with city residents despite the mayor's objections. Shatravka beat the 
journalist and tried to break her camera.
    At times, officials or unidentified individuals used force to 
prevent the circulation of issues of publications that were in disfavor 
with the government. For example, on February 28, police in Kazan, 
capital of Tatarstan Republic, stopped a truck carrying 143,000 copies 
of the local newspaper Puls Zhizni. When the newspaper's editor Yelena 
Chernobrovkina arrived at the scene, she found the newspapers unloaded 
from the truck and guarded by a group of approximately 30 men in 
civilian clothes, who would not identify themselves. Chernobrovkina 
said that among the group she spotted two high ranking Tatarstan police 
officials. After several hours, police confiscated the newspapers 
without explanation. On July 8, in Vladivostok, unknown persons seized 
50,000 copies of the local newspaper Yezhednevniye Novosti and beat the 
driver of the truck carrying them from the printing plant. Shortly 
thereafter, police confiscated the remaining 150 copies of the paper. 
According to the newspaper's management, the police stated they were 
ordered to do so by their superiors. On August 29, police in 
Nizhnekamsk, Tatarstan Republic, detained distributors of Puls Zhizni, 
citing oral instructions from city authorities. The police later 
released the distributors but confiscated copies of the newspaper. 
According to the GDF, Puls Zhizni was one of the few publications in 
Tatarstan that openly criticized authorities and supported Rafgat 
Altynbayev, a potential candidate in the 2006 Tatarstan presidential 
elections.
    Authorities at various levels took advantage of the financial 
dependence of most major media organizations on the Government, or on 
one or more of several major financial industrial groups, to undermine 
editorial independence and journalistic integrity in both the print and 
broadcast media. The concentration of ownership of major media 
organizations, including media outlets owned by the federal, regional, 
and local governments, remained largely intact and posed a continued 
threat to editorial independence. Government structures, banking 
interests, and the state controlled energy giants Gazprom and United 
Energy Systems continued to dominate the Moscow media market and extend 
their influence into the regions. Most news organizations experienced 
continued financial difficulties during the year, which sustained their 
dependence on financial sponsors and, in many cases, the federal and 
regional governments. As a result of this dependence, the autonomy of 
the media and its ability to act as a watchdog remained weak.
    During the year, many privately owned media organizations and 
journalists across the country also remained dependent on the 
Government for transmission facilities, access to property, and 
printing and distribution services. The GDF reported that approximately 
90 percent of print media organizations relied on state controlled 
organizations for paper, printing, or distribution, and many television 
stations were forced to rely on the Government (in particular, regional 
committees for the management of state property) for access to the 
airwaves and office space. The GDF also reported that officials 
continued to manipulate a variety of other ``instruments of leverage,'' 
including the price of printing at state controlled publishing houses, 
to apply pressure on private media rivals. The GDF noted this practice 
continued to be more common outside the Moscow area than in the 
capital. In May, for example, a printing plant in Kirovsk region 
refused to continue printing a number of publications based in the 
neighboring Mary El Republic, which could not be printed locally due to 
resistance from local authorities. According to the GDF, the decision 
came shortly after the election of a new governor of Kirovsk region, 
who acceded to Mary El authorities' requests to deny printing services 
to these publications.
    The GDF and other media NGOs documented numerous instances of the 
use of taxation mechanisms to pressure media across the country.
    Authorities at the federal and local levels continued to bring 
lawsuits and other legal actions against journalists and journalistic 
organizations during the year, primarily in response to unfavorable 
coverage of government policy or operations. The GDF estimated that 
more than 300 such cases were brought during the year. In April, the 
Press Service of the Interior Ministry of Bashkortostan Republic 
reported that, since the beginning of the year, the Ministry had won 12 
of 15 libel suits against local media organizations. Most libel suits 
resulted in heavy fines. On October 29, the Moscow Arbitration Court 
ordered Kommersant daily to pay $11.4 million (320 million rubles) to 
Alfa Bank to recoup losses and damage to its reputation brought about 
by the newspaper's July 7 story about the bank's financial problems. In 
January, Rashid Zhumagaliyev, an investigator with the prosecutor's 
office in Astrakhan, filed a libel suit against the local newspaper 
Moskovskiy Komsomolets in Astrakhan. He accused the newspaper of 
slandering the regional court in its articles. Police raided the 
newspaper's office during their investigation, confiscating its 
computers, which forced the newspaper to stop publishing.
    In August 2003, a Chelyabinsk district court sentenced German 
Galkin, editor in chief of Vecherniy Chelyabinsk daily and Director 
General of Vecherniy Chelyabinsk publishing house, to a 1 year term in 
a hard labor camp as a result of a libel suit filed in 2002 by two vice 
governors of Chelyabinsk region. Three articles published in Rabochaya 
Gazeta in 2002 accused the officials of corruption and links to 
organized crime, but Galkin was not listed in bylines for the articles 
and denied having written them. According to GDF, Galkin was the first 
journalist in the post Soviet era to be jailed for libel. International 
media defense representatives believed the severity of the sentence 
could have a chilling effect on freedom of expression and information 
and of the media. In November 2003, the Chelyabinsk regional court 
upheld the sentence but suspended it, and Galkin was released after 3 
months in prison. On March 30, the same court rejected Galkin's appeal 
for his full acquittal.
    In 2003, a Media Industrial Committee composed of heads of major 
media organizations adopted an Anti-Terrorism Convention, a set of self 
imposed rules for reporting on terrorist acts. The Convention 
established a priority of human life over press freedom, required 
journalists to report sensitive information to the authorities, obliged 
journalists to seek approval from the authorities to interview 
terrorists, and prohibited live broadcasts by terrorists.
    On March 11, according to the National Endowment for Democracy, a 
division of the MVD responsible for investigating financial crimes by 
businesses confiscated the 56th issue of the bi monthly Russian Chechen 
Friendship Society's bulletin from a printing house in Nizhniy 
Novgorod. The police maintained that they were not interested in the 
Society's work, only in the financial affairs of the publishing house, 
but the only printed material that they seized was the Society's 
newspaper. The police told a representative of the Society that no 
formal criminal proceedings had been instituted against the publishing 
house. Approximately 2 weeks before the newspaper was seized, the 
publishing house had been temporarily closed because of fire code 
violations.
    The Government generally did not restrict access to the Internet; 
however, it continued to require Internet service providers to provide 
dedicated lines to the security establishment so that police could 
track private e mail communications and monitor Internet activity (see 
Section 1.f.). In October, Deputy Culture Minister Leonid Nadirov 
suggested that all Internet sites should be registered as media 
organizations. Internet professionals and media freedom advocates 
expressed concern that its implementation would restrict free flow of 
information on the Russian segment of the Internet; however, the 
suggestion had not been implemented by year's end.
    The Government did not restrict academic freedom; however, during 
the year human rights and academic organizations questioned whether the 
prosecutions of Sutyagin, Danilov, and others inhibited academic 
freedom and contact with foreigners on subjects that the authorities 
might deem sensitive (see Section 1.e.).

    b. Freedom of Peaceful Assembly and Association.--The Constitution 
provides for freedom of assembly and the Government generally respected 
this right in practice; however, at times authorities restricted this 
right.
    In February, Moscow police dispersed a picket line on Lubyanka 
Square organized by Lev Ponomarev's NGO, For Human Rights, the 
Transnational Radical Party, and the Anti-war Club to mark the 60th 
anniversary of Stalin's deportation of the Chechen and Ingush peoples 
to Kazakhstan. Moscow Central District authorities did not permit the 
assembly, explaining that too many events had already been scheduled 
for February 23 to celebrate Russian Army Day. Half an hour after the 
beginning of the demonstration, OMON troops (members of a special 
police detachment) appeared and demanded that the participants leave 
the square. Police detained Ponomarev, Nikolay Khramov, secretary of 
the Russian Radicals' movement, and 11 other participants. They were 
released after 2 hours and fined approximately $38 (1,000 Rubles).
    Organizations were required to obtain permits in order to hold 
public meetings and to apply for permits between 5 and 10 days before 
the scheduled event. Although religious gatherings and assemblies did 
not require permits, in some instances the authorities denied Jehovah's 
Witnesses and other religious groups access to venues where they could 
hold assemblies (see Section 2.c.). While the police readily granted 
permits to demonstrate to both opponents and supporters of the 
Government, local elected and administrative officials at times either 
denied some groups permission to assemble or revoked previously issued 
permits.
    The Constitution provides for freedom of association, and the 
Government generally respected this right; however, the Government 
increasingly harassed some organizations of whose policies it 
disapproved. Some NGOs claimed the Government restricted their 
activities for political reasons by engaging in lengthy investigations 
of their finances or by delaying the registration of foreign grants 
(see Section 4). During the year, the critical statements of a number 
of senior officials contributed to increased suspicion regarding NGOs' 
activities. For example, in his May State of the Nation address, 
President Putin charged that some foreign funded NGOs existed ``to 
serve dubious groups''; and Vladislav Surkov, of the Presidential 
Administration was believed to be referring, in part, to NGOs, among 
others, when he warned in a September interview in Komsomolskaya Pravda 
against ``a fifth column of left and right radicals.''
    The Government continued to ban the Islamic organization, Hizb ut 
Tahrir, which it regarded as having terrorist connections and as 
seeking to overthrow the Government. Authorities in a number of regions 
stepped up operations against Hizb ut Tahrir despite the organization's 
denials that it supported terrorism. The authorities also interfered 
with the activities of a number of NGOs during the year (see Section 
4).
    Public organizations must register their bylaws and the names of 
their leaders with the MOJ. By law, political parties must have 50,000 
members nationwide, at least 500 representatives in half of the 
country's regions, and no fewer than 250 members in the remaining 
regions in order to be registered (see Section 3).

    c. Freedom of Religion.--The Constitution provides for freedom of 
religion, and the Government generally respected this right in 
practice; however, in some cases the authorities imposed restrictions 
on some groups. Although the Constitution provides for the equality of 
all religions before the law and for the separation of church and 
state, the Government did not always respect these provisions in 
practice.
    Neither the Constitution nor the law accords explicit privileges or 
advantages to the Russian Orthodox Church (ROC) or the other groups 
formally designated traditional religions Judaism, Islam and Buddhism; 
however, increasingly some politicians advocated preferential treatment 
of these four faiths. Statements by some government officials, 
including President Putin, and anecdotal evidence from religious 
minority groups, suggested that the ROC, in particular increasingly 
enjoyed a status that approached official. The ROC has significantly 
greater access to certain governmental institutions, such as the army, 
than other religious groups. The ROC appeared to have had greater 
success reclaiming pre revolutionary property than other groups, and 
many religious workers believed that the ROC played a role in the 
cancellation of visas held by foreign religious workers representing 
nontraditional religions. Many religious minority groups and NGOs 
complained of what they believed was collusion between the ROC and the 
State.
    Treatment of religious organizations, particularly minority 
denominations, varied widely in the regions, depending on the decisions 
of local officials. In some areas, such as Moscow, Khabarovsk, and 
Chelyabinsk, local authorities prevented minority religious 
denominations from reregistering as local religious organizations, as 
required by law, subjecting them to campaigns of legal harassment.
    Contradictions between federal and local law in some regions and 
varying interpretations of the law gave some regional officials 
pretexts to restrict the activities of religious minorities. 
Discriminatory practices at the local level were attributable to the 
relatively greater susceptibility of local governments to lobbying by 
majority religions, as well as to discriminatory attitudes that were 
widely held in society. For example, articles heavily biased against 
religions considered ``non traditional'' appeared regularly in both the 
local and national press. There were reports of harassment of members 
of religious minority groups. Several religious communities were forced 
to defend themselves in court against charges by local authorities that 
they were engaging in harmful activities. At times local courts 
demonstrated their independence by dismissing frivolous cases or ruling 
in favor of the religious organizations; however, in some of these 
cases, authorities were slow to carry out, or refused to carry out, 
such rulings and in many cases appealed them.
    Two congregations of the unregistered Union of Baptist Churches 
(known as Initsiativniki) experienced violence that they believe was 
promoted by the authorities. In January, a bomb destroyed an 
Initsiativniki church in Tula just as it was about to host a large 
meeting of Baptists from the country and abroad. On September 14, an 
Initsiativniki church in Lyubuchany was burned down. This followed 
efforts by security agencies, including local police and FSB officers, 
to intimidate participants in an open air gathering for several 
thousand Initsiativniki from all over central Russia sponsored by the 
same church. The authorities have long been suspicious of the 
Initsiativniki, whose complete refusal of cooperation with the 
authorities led to their split in 1961 from the Union of Evangelical 
Christians Baptists.
    A 1997 law on ``Freedom of Conscience'' regulates religious 
practice and limits the rights, activities, and status of religious 
``groups'' existing in the country for less than 15 years and requires 
that religious groups exist for 15 years before they can qualify for 
``organization'' status, which conveys juridical status. All religious 
organizations were required to register or reregister by the end of 
2000 or face liquidation (deprivation of this status). The law placed a 
severe hardship on groups that had been unregistered previously, 
including groups new to the country. The Office of Human Rights 
Ombudsman Vladimir Lukin includes a department dedicated to religious 
freedom issues. Lukin continued to criticize the law and to recommend 
changes to bring it into conformity with international standards and 
with the Constitution.
    The MOJ reported that as of May 1, 21,664 organizations were 
registered. Isolated difficulties with registration continued to appear 
in different regions around the country. Local courts largely upheld 
the right of non traditional groups to register or reregister.
    Nonetheless, a number of religious groups continued to battle 
administrative denials of registration in the courts, and while such 
cases were often successful, administrative authorities were at times 
unwilling to enforce court decisions. The Moscow authorities did not 
permit the Salvation Army to reregister, although the group continued 
to operate based on documents filed under an earlier statute. In April 
2003, the Constitutional Court found unconstitutional a ruling of a 
Moscow region district court that had ordered the liquidation of the 
Salvation Army's organization in Moscow on the grounds that it was a 
``militarized organization.'' (A textbook on religious culture prepared 
for use in schools repeats this definition of the Salvation Army, which 
it calls a ``sect.'') A lawyer from the Slavic Center for Law and 
Justice was working with the Salvation Army at year's end to assist it 
in registering. The ECHR issued an interim ruling on June 24 declaring 
admissible the group's complaint arising out of the refusal of the 
Moscow authorities to reregister the group.
    The Moscow branch of the Church of Scientology was not permitted by 
the Moscow authorities to reregister and continued to be threatened 
with liquidation. On October 28, the ECHR found admissible the 
Scientologist's complaint concerning the Government's failure to 
reregister the Church under the 1997 law.
    As of the end of the year, the Church of Jesus Christ of Latter day 
Saints (Mormons) had succeeded in registering approximately 50 local 
religious organizations. The Church remained unable to register a local 
religious organization in Kazan, Tatarstan, which they had been 
attempting to do since 1998. In Chelyabinsk it successfully sued the 
Chelyabinsk Department of Justice, which had rejected 12 registration 
applications in 5 years. It won a subsequent appeal by the Chelyabinsk 
authorities, and its Chelyabinsk organization successfully registered 
on in September 2003.
    Although many local Muslim religious organizations had been unable 
to reregister under the initial provisions of the 1997 law, 
spokespersons for the country's two most prominent muftis stated that 
most Muslim religious organizations that wanted to register were able 
to do so. As of May 1, there were 3,537 Muslim organizations registered 
with the Ministry of Justice, with 121 Muslim organizations registering 
within the last year. Disagreement between the heads of the country's 
two main Muslim spiritual boards continued although the Government 
largely supported the Moscow based Council of Muftis, led by Ravil 
Gaynutdin. Allegations persisted that Islamic extremism, popularly 
called ``Wahabism,'' was to blame for terrorist attacks linked to the 
conflict in Chechnya and the North Caucasus.
    There were no indications that the June 16 decision of the Moscow 
City Court resulting in the city wide banning of the Jehovah's 
Witnesses would be repealed. Unlike liquidation, which involves only 
the loss of an organization's juridical status, a ban prohibits the 
activities of an entire religious community. The ban has had far 
reaching consequences for the Witnesses in Moscow and elsewhere. 
Congregations of Witnesses had longstanding rental contracts for 
meeting rooms cancelled after the ban came in to effect, making it 
extremely difficult for the congregations to meet. An audio video 
production company that has worked with the Witnesses in the past 
refused to sign a contract to produce additional films, citing the 
court's decision. A court in Primorskiy Kray cited the Moscow ban in 
reversing a lower court's decision to award custody of a child to its 
mother, a member of the Jehovah's Witnesses. In Kurgan, the regional 
Ministry of the Interior requested that the city administration assist 
in filing an application to liquidate the local community of Jehovah's 
Witnesses. A city official asked the Witnesses to provide documents 
relevant to the Moscow court's decision.
    In other instances, the Witnesses have succeeded in having 
liquidation orders issued by lower courts overturned on appeal. On 
October 25, the Supreme Court of Tatarstan overturned a September 
ruling by a court in Naberezhniye Chelnye liquidating the Witnesses' 
organization in that city. In November, the Primorskiy Kray Court 
overturned an October liquidation order issued by a lower court against 
the Witnesses organization in the city of Luchegorsk.
    Although most of the difficulties faced by minority religious 
groups arose as the result of local factors, human rights groups and 
religious minority groups have criticized the federal Prosecutor 
General for encouraging legal action against some minority religions 
and for giving an imprimatur to materials that were biased against 
Jehovah's Witnesses, Mormons, and others. There were continuing 
indications that the security services were treating the leadership of 
some minority religious groups, particularly Muslims and non 
traditional religions, as security threats. Officials have particularly 
focused on Islamic groups, such as Hizb ut Tahrir, and foreign Muslims 
living in the North Caucasus, as potentially linked to terrorist 
activity in the country.
    The FSB, the Prosecutor General, and other official agencies have 
conducted campaigns of harassment against non traditional religious 
movements, such as the Jehovah's Witnesses. Churches faced 
investigations for alleged criminal activity and violations of the tax 
laws, landlords were pressured to renege on contracts, and in some 
cases the security services were thought to have influenced the MOJ to 
reject registration applications.
    At the same time, federal authorities were more active during the 
year in preventing or reversing discriminatory actions taken at the 
local level, in disseminating information to the regions and, when 
necessary, reprimanding officials who acted inappropriately. According 
to one report, a new government publication on the rights of foreign 
religious workers was a valuable resource in resolving difficulties 
with local officials who were largely unfamiliar with the federal law. 
President Putin has sought stricter and more consistent application of 
federal laws throughout the country.
    There appear to have been fewer reports than in previous years of 
restrictions placed on the missionary activities of Pentecostal 
believers by officials of the Khabarovsk administration's Department of 
Religion.
    Representative offices of foreign religious organizations were 
required to register with state authorities. In practice, foreign 
religious representatives' offices have opened without registering or 
were accredited to an existing, registered, religious organization but 
were not permitted to conduct religious activities and did not have the 
status of a religious ``organization.''
    Reregistration was not the only issue faced by minority religious 
groups. Some local and municipal governments prevented religious 
groups, including congregations of Jehovah's Witnesses, Protestants, 
Catholics, Mormons, and Hare Krishnas from using venues suitable for 
large gatherings and from acquiring property for religious uses. 
Regional and local authorities at times refused to lease facilities to 
local communities of Jehovah's Witnesses, particularly following the 
June ruling banning the group in Moscow. Religious assemblies held by 
Jehovah's Witnesses were disrupted in Moscow, Yekaterinburg, Vladimir, 
Khabarovsk, and Chelyabinsk during the year. The Witnesses were told in 
Vladimir that they could use a venue to meet as long as they had 
permission from a local Russian Orthodox priest. In Krasnoyarsk, the 
Jehovah's Witnesses community managed to rent facilities only with 
assistance of a local expert on religious issues. Jehovah's Witnesses 
also reported continuing difficulties obtaining construction permits. 
In Sosnovyy Bor, in the Leningrad Region, local authorities refused to 
let a Witnesses community use land to construct a prayer center. They 
based the refusal on the results of a March 14 referendum, by which 90 
percent of the city inhabitants voted against the construction.
    Muslims in Krasnodar continued unsuccessfully to seek authorization 
from the mayor's office to build a new mosque in the city of Sochi.
    There were instances in which local officials detained individuals 
engaged in the public discussion of their religious views, but the 
individuals were released quickly.
    The Government continued to deny particular foreign missionaries 
visas to return to the country, reportedly because of their earlier 
conflicts with authorities. During the year, some religious 
organizations, particularly Roman Catholics and Protestants, reported 
experiencing difficulties obtaining long term visas for their employees 
and missionaries. The Catholic Church reported, for example, that some 
of its clergy were only granted 3 or 6 month visas, although others 
were granted 1 year visas. The Mormons, in contrast, noted an 
improvement in their ability to secure visas for their foreign 
missionaries and reported that all of them received 1 year, multiple 
entry visas. The Mormons encountered some difficulties in securing 
residency permits for missionaries but noted the difficulties varied 
from region to region and did not constitute a systemic problem.
    In June, officials in the Kursk region adopted a law restricting 
missionary activity, including the use of venues in which religious 
meetings could be held. A similar law was passed in Smolensk. The laws 
were based on a 2001 law that was adopted in neighboring Belgorod. 
Under these laws, foreigners visiting these regions are forbidden to 
engage in missionary activity or to preach unless specifically 
authorized according to their visas (some groups reportedly sent 
religious workers on business or tourist visas in order not to alert 
the authorities to their activities). However, according to local 
religious officials, the Belgorod, Smolensk, and Kursk laws were not 
enforced.
    After denying at least three previous visa requests, the Government 
granted the Dalai Lama a visa, reportedly on the condition that his 
visit be limited to pastoral activities. From November 29 to December 
1, the Dalai Lama visited Kalmykia, where he consecrated a Buddhist 
temple and led religious services.
    The Federal Government backed away from previous plans to promote a 
compulsory nationwide course in schools on the ``Foundations of 
Orthodox Culture,'' using a textbook by that title which detailed 
Orthodox Christianity's contribution to the country's culture. Although 
schools in over 20 regions still used the book, the Ministry of 
Education rejected funding for another edition and further circulation 
of the textbook. Many religious minorities had complained about 
negative language describing non Orthodox groups, particularly Jews. In 
September, Education Minister Andrey Fursenko announced plans for a new 
school course, taught by laypersons, entitled ``History of Religion,'' 
which would teach the history of all religions, not only Orthodoxy. The 
authorities had not yet introduced the course nationwide or selected a 
textbook for it. However, Moscow city schools have introduced a course 
similar to the one that the Education Minister proposed.
    Tensions continued between the ROC and the Vatican. The ROC often 
alleged that the Catholic Church deliberately sought to proselytize 
among ROC faithful, a charge that the Vatican denied.
    The restitution of religious property seized by the Communist 
regime remained an issue. While authorities have returned many 
properties used for religious services, including churches, synagogues, 
and mosques, some in the Jewish community assert that only a small 
portion of the total properties confiscated under Soviet rule has been 
returned. The Jewish community was still seeking the return of a number 
of synagogues, religious scrolls, and cultural and religious artifacts, 
such as the Schneerson book collection, a revered collection of the 
Chabad Lubavitch.
    Unlike in the previous reporting period, in which there were no 
functioning synagogues in Krasnodar Kray, a two room Jewish community 
center in Sochi was used as a synagogue. There were still no synagogues 
in Krasnodar city.
    Many in the Jewish community continued to state that conditions for 
Jewish persons in the country had improved, primarily because there was 
no longer any official, ``state sponsored,'' anti-Semitism. At the 
federal level and in some regions, officials have shown an interest in 
hearing the concerns of the Jewish community. However, anti-Semitic 
incidents against individuals and institutions continued, including 
attacks on individuals identifiable as Jews and attacks on Jewish 
property and cemeteries. Preliminary Anti-Defamation League (ADL) 
statistics for the year indicated that, while the number of anti-
Semitic incidents remained roughly stable, the nature of the attacks 
had become more violent. There were no reports that the Government 
encouraged anti-Semitic statements; leaders condemned them and even 
prosecuted some individuals for making them; however, many lower level 
officials continued to be reluctant to call such acts anything other 
than ``hooliganism.''
    In April, Jewish youth leader Aleksandr Golynskiy was beaten near 
his home in Ulyanovsk and sent to the hospital. Two days later, 
extremists stormed the Ulyanovsk Jewish Center screaming, ``don't 
pollute our land,'' smashing windows, and tearing down Jewish symbols 
as Jewish women and children hid inside. No one was injured, but police 
failed to respond quickly, arriving 40 minutes after they were called. 
A member of the extremist National Bolshevik Party was later arrested 
in connection with the attack. The investigation was ongoing at year's 
end. In Voronezh, on April 29, two young skinheads attacked Aleksey 
Kozlov outside the headquarters of the Inter Regional Human Rights 
Movement of which he is in charge. Kozlov is the regional monitor for 
an anti-Semitism and racism project in Russia sponsored by the European 
Commission. Authorities detained the two teenagers but did not charge 
them; one was below the age of criminal responsibility, and the other 
allegedly shouted threats but did not use force. In December, two Jews 
were beaten in separate hate crimes in Moscow, one while riding a train 
and the other while walking on the street.
    During the year, unknown persons vandalized synagogues, Jewish 
cemeteries, and memorials. Vandals desecrated tombstones in cemeteries 
dominated by religious and ethnic minorities in numerous cases. These 
attacks usually were accompanied by swastikas and other ultra 
nationalist symbols. Localities in which Jewish cemeteries were 
desecrated during the year included St. Petersburg, Petrozavodsk, 
Pyatigorsk, Makhachkala, and Derbent. In February and December, Jewish 
tombs were desecrated with swastikas in one of the oldest cemeteries in 
St. Petersburg. On March 31, a Jewish cemetery was desecrated in 
Kaluga, and, after the local Jewish community chairman notified the 
governor about the incident, four teenagers and two adults suspected in 
the vandalism were detained. On November 25, a court sentenced three of 
the individuals, including one minor, to 2 years' probation. The other 
participants were too young to prosecute. In April, July, and August, 
unknown persons vandalized the Jewish cemetery in Petrozavodsk.
    Anti-Semitic rhetoric has been used by some members of the Rodina 
bloc, the Liberal Democratic Party of Russia (LDPR), and the Communist 
Party of the Russian Federation (KPRF) in their public statements. 
Anti-Semitic themes appeared in some local election campaigns.
    Hundreds of extremist publications, including newspapers, were 
distributed throughout the country, sometimes containing anti-Semitic, 
anti-Muslim and xenophobic articles. Anti-Semitic themes continued to 
figure in some local publications around the country, unchallenged by 
local authorities. In cases where Jewish or other public organizations 
attempted to take legal action against the publishers, the courts 
generally were unwilling to recognize the presence of anti-Semitic 
content. Some NGOs claimed that many of these publications were owned 
or managed by the same local authorities who refused to prosecute.
    While religious matters were not a source of societal hostility for 
most citizens, members of minority and ``non traditional'' religions 
continued to encounter prejudice, societal discrimination, and in some 
cases physical attacks. Authorities usually investigated incidents of 
religious vandalism and violence, but arrests of suspects were 
extremely infrequent, and convictions were rare. Relations between non 
traditional religious organizations and traditional ones frequently 
were tense, particularly at the leadership level.
    The press reported that on August 7, a local Cossack group 
organized a protest against Mormon plans for the construction of a 
meetinghouse in Saratov city. Muslim and ROC leaders also spoke out 
against the construction.
    Popular attitudes toward traditionally Muslim ethnic groups 
remained negative in many regions, and there were manifestations of 
anti-Semitism as well as societal hostility toward Catholics and 
adherents of newer, non Orthodox, religions. Many observers reported 
that incidents of racially or ethnically motivated attacks increased 
significantly in recent years, although it was often difficult to 
determine whether xenophobia, religion, or ethnic prejudices were the 
primary motivation behind violent attacks. Conservative activists 
claiming ties to the ROC disseminated negative publications and staged 
demonstrations throughout the country against Catholics, Protestants, 
members of Jehovah's Witnesses, and religions new to the country, and 
some ROC leaders publicly expressed similar views.
    Ethnic tensions ran high in the predominantly Muslim North Caucasus 
region and in major cities. Anti-Chechen and anti-``Wahabist'' 
sentiment increased after each terrorist attack tied to Chechen rebels 
and spiked in some regions after the September seizure of a school in 
Beslan, North Ossetia, in which hundreds of persons, including many 
children, died at the hands of terrorists (see 1.g.). On September 18, 
between 20 and 50 ``skinheads'' beat and stabbed four persons from the 
Caucasus on the Moscow metro. The ``skinheads'' reportedly screamed, 
``this is for the terrorist acts,'' while attacking. A journalist for a 
respected national newspaper who witnessed the attack claimed that a 
skinhead ``brigadier'' ordered some of the attackers to seal the area 
and prevent male passengers from rescuing the victims.
    Numerous press reports documented anti-Islamic sentiment. Officials 
from a mosque in Bratsk, Irkutsk region, continued to complain of 
harassment and non responsiveness by local authorities to their reports 
of anti-Muslim behavior. The Muslim community in Bratsk is large there 
are 18,000 Muslims in Bratsk out of a population of 450,000 and one 
mosque official stated that the local Muslim population was being 
blamed for problems in Chechnya. The Chairman of the Council of Muftis 
of Russia, Ravil Gaynutdin, head of the Central Spiritual Board of 
Russia's Muslims, Talgat Tadzhuddin, and head of the Coordinating 
Center of Muslims of the North Caucasus, Ismail Berdiyev, issued a 
joint statement denouncing terrorism. The leaders of the country's 
Muslims declared that it was necessary to resist extremists and 
terrorists who make use of religious slogans.
    The number of underground nationalist extremist organizations (as 
distinguished from such quasi public groups as Russian National Unity) 
appeared to be growing. The continuing proliferation of skinhead groups 
was a phenomenon of particular concern. According to one human rights 
observer, there were approximately 50,000 skinheads in 85 cities, 
including 5,000 in Moscow. The rise of extremist youth organizations 
was also troubling. As of March, the MVD was aware of 453 extremist 
youth organizations in Russia, with membership totaling over 20,000 
people. Most of the skinhead groups were in Moscow, St. Petersburg, 
Nizhniy Novgorod, Yaroslavl, and Voronezh. The region with the greatest 
number of extremist youth organizations was Tatarstan there were 108 
known groups in the Republic compared with 62 in Moscow and Moscow 
region and 31 in St. Petersburg. Skinheads primarily targeted 
foreigners and individuals from the Northern Caucasus, but they also 
expressed anti-Muslim and anti-Semitic sentiments and hostility toward 
adherents of ``foreign'' religions.
    The Constitution mandates the availability of alternative civilian 
service to those who refuse to bear arms for religious or other reasons 
of conscience. A law on alternative civil service took effect on 
January 1, and two supplements to the law were issued in March. The 
first supplement listed 722 organizations to which draftees may be 
assigned for the alternative service, and the second listed 283 
activities that draftees were permitted to perform. On June 1, Prime 
Minister Fradkov signed regulations regarding the implementation of the 
law on alternative civilian service performance. Some human rights 
groups complained that the extended length of service for draftees 
requesting alternative assignments (1.75 times longer than regular 
military service) acted as a punishment for those who choose to 
exercise their religious or moral convictions.
    The Jehovah's Witnesses organization reported that approximately 95 
Witnesses had applied for alternative civilian service under the new 
legislation. As of mid December, 64 Witnesses had been recognized as 
conscientious objectors and deemed eligible for alternative civilian 
service. Approximately 30 Witnesses were denied alternative civilian 
service, in some cases because their applications were allegedly not 
filed in time. According to the Jehovah's Witnesses organization, at 
least six criminal cases were initiated during the year against members 
who claimed conscientious objector status: Three of defendants were 
acquitted and three received fines or suspended sentences.
    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, the Government placed restrictions on freedom of 
movement within the country and on migration.
    All adults are issued internal passports, which they must carry 
while traveling, and they are expected to register with the local 
authorities within a specified time of their arrival. The authorities 
often refused to provide governmental services to individuals without 
internal passports or the proper registration. A government decree 
enacted on December 22 extended the amount of time that could lapse 
before registration is required from 3 to 90 days; however, immediately 
following the law's announcement, the Moscow police chief ordered the 
police to continue its document checks on the streets to verify 
document authenticity. The new law does not affect foreigners, who are 
still required to register within 3 business days of their arrival in a 
locality.
    The Constitution provides citizens with the right to choose their 
place of residence freely; however, some regional governments continued 
to restrict this right through residential registration rules that 
closely resembled the Soviet era ``propiska'' (pass) regulations. 
Citizens must register to live and work in a specific area within 7 
days of moving there. Citizens changing residence within the country, 
as well as persons with a legal claim to citizenship who decide to move 
to the country from other former Soviet republics, often faced great 
difficulties or simply were not permitted to register in some cities. 
Corruption in the registration process in local police precincts 
remained a problem. Police demanded bribes when processing registration 
applications and during spot checks for registration documentation. The 
fees for permanent and temporary registration remained low. Moscow's 
registration requirement which police reportedly used mainly as a means 
to extort money remained in force at year's end.
    While federal law provides for education for all children, regional 
authorities frequently denied access to schools to children of 
unregistered persons, asylum seekers, and migrants because they lacked 
residential registration (see Section 5).
    According to NGOs, the city of Moscow and some other jurisdictions 
frequently violated the rights of nonresidents and ethnic minorities, 
as well as the rights of those legitimately seeking asylum. Moscow 
police, particularly special OMON units, conducted frequent document 
checks, particularly of persons who were dark skinned or appeared to be 
from the Caucasus. There were many credible reports that police imposed 
fines on unregistered persons in excess of legal requirements and did 
not provide proper receipts or documentation of the fine. According to 
HRW and church ministries tracking interethnic violence, it was not 
unusual for darker skinned persons to be stopped at random and for 
officers to demand bribes from those without residence permits (see 
Section 1.c.).
    In mid September, following the school tragedy in Beslan (see 
Section 1.g.), Moscow police rounded up more than 11,000 citizens and 
foreigners on suspicion of living in the city without registration, and 
840 detainees were deported.
    Federal authorities restricted the entry of foreigners into many 
cities, including Norilsk and Novoye Urengoy. While the federal 
Constitution permits entry restrictions for reasons of state security, 
these cities sought the restrictions because of perceived economic 
benefits.
    Krasnodar Kray authorities continued to deny between 10,000 to 
12,000 Meskhetian Turks the right to register, which deprived them of 
all rights of citizenship despite provisions of the Constitution that 
entitled them to citizenship. While the authorities in most other areas 
generally did not prevent the Meskhetian Turks from registering, the 
Meskhetian Turks and some other smaller ethnic minorities living in 
Krasnodar were subject to special registration restrictions; for 
example, they were required to register as ``guests'' rather than as 
residents, and reregister every 45 days. In addition, in an effort to 
force them from the territory, the Krasnodar Kray administration 
repeatedly announced plans to create ``unbearable conditions'' for the 
Meskhetian Turks and other ``illegal migrants.'' In July, Governor 
Tkachev publicly welcomed the prospect that some Meskhetian Turks were 
accepting an offer to emigrate to another country, signaling it as a 
way to rid the region of them.
    The Krasnodar authorities also attempted to use economic measures 
to drive out the Meskhetian Turks. According to Memorial, the Krasnodar 
authorities continued to prohibit the Turks from leasing land, gaining 
employment or engaging in commercial activity in local markets. The 
Meskhetian Turks have subsisted by leasing land primarily in other 
districts of Krasnodar Kray or even other regions, such as Rostov, 
Volgograd, and Kalmykia.
    Memorial reported that in August and September, a relatively small 
scale campaign against Meskhetian Turks was carried out in Krymsk 
district and in Novorossiysk, both in Krasnodar Kray. The police 
stopped and checked persons who looked like Meskhetian Turks, 
immediately releasing those who declared their intention to emigrate 
and penalizing the others.
    The Constitution provides for freedom to travel abroad and citizens 
generally traveled without restriction; however, there were a few 
exceptions. If a citizen had been given access to classified material, 
police and FSB clearances were necessary in order to receive an 
external passport. Persons denied travel documents on secrecy grounds 
could appeal the decision to an Interagency Commission on Secrecy 
chaired by the First Deputy Foreign Minister.
    Emigrants who had resettled permanently abroad but were traveling 
on Russian passports generally were able to visit or repatriate without 
hindrance; however, visiting emigrants who initially departed without 
obtaining exit permission have been stopped at the border and prevented 
from exiting the country (although they may enter without difficulty), 
since they could present neither a nonimmigrant visa to another country 
nor evidence of permission to reside abroad legally.
    The Constitution prohibits forced exile, and the Government did not 
employ it.
    The Constitution provides all citizens with the right to emigrate 
and this right generally was respected. There were logistical delays 
related to exit permission for those trying to depart for countries 
that have granted them refugee status.
    As of August, 7,310 citizens appealed to foreign embassies with 
requests for refugee status, a drop from the 12,700 appeals filed 
during the first 6 months of 2003. Many persons fleeing Chechnya 
applied for refugee status. The UNHCR stated that many of these refugee 
seekers at times faced detention, deportation, fines by the police and 
racially motivated assaults, sometimes even leading to the loss of 
life.
    A Soviet requirement that citizens receive a stamp permitting 
``permanent residence abroad'' (PMZh) in order to emigrate essentially 
a propiska for those living outside the country was formally abolished 
in 1996; however, implementation of the change (which had been 
scheduled to take place early in 1997) remained incomplete. According 
to the International Organization for Migration (IOM), border guards 
continued to require a PMZh like stamp of all emigrants, and local 
authorities in some regions continued to issue it to citizens with 
valid external passports.
    A Law on Citizenship, which came into effect in 2002 and was 
amended in December 2003, made access to citizenship more difficult by 
requiring possession of a residence permit or propiska. The law also 
requires 5 years of uninterrupted residence from the time of issuance 
of a residence permit, a lawful source of income, an application 
renouncing previous citizenship, and an established knowledge of the 
Russian language.
    Amendments to the laws governing citizenship sought to facilitate 
the acquisition of Russian citizenship by former Soviet citizens 
residing on the territory of the Russian Federation by waiving all the 
other requirements except the need to have been registered temporarily 
or permanently at a place of residence in the Russian Federation as of 
July 1, 2002. The authorities have estimated that up to 1.5 million 
former Soviet citizens could benefit from the new law; however, some 
NGOs informed the UNHCR that the registration and permit requirements 
would limit the number of beneficiaries. In principle, the legal 
precedents set forth in earlier citizenship legislation which 
authorized citizenship on similar grounds to citizens who were legally 
in the Russian Federation as of February 6, 1992, were still in effect; 
however, the authorities have not always been willing to recognize the 
acquisition of citizenship on this basis.
    The federal law on the legal status of foreign citizens imposes a 3 
month deadline on non citizen residents for obtaining visas or long 
term resident status but did not include an exhaustive list of 
documents required for official registration, leaving the MVD 
considerable discretion in registration matters. According to human 
rights observers, this law, and the new citizenship law, could further 
increase the difficulties facing groups such as Meskhetian Turks in 
Krasnodar and other regions who have been denied citizenship 
documentation in contradiction to the laws governing citizenship.
    International agreements permit persons with outstanding warrants 
from other former Soviet states to be detained for periods of up to 1 
month while the Prosecutor General investigates the nature of 
outstanding charges against the detainee. This system was reinforced 
informally, but effectively, by collegial links among senior law 
enforcement and security officials in the various republics of the 
former Soviet Union. Human rights groups continued to allege that this 
network was employed to detain opposition figures from the other former 
Soviet republics without legal grounds. According to Memorial, some 
detainees were kept in custody for more than 1 month. For example, a 
teacher of Arabic from Uzbekistan was detained in Saratov region and 
spent a year in custody from 2002 to 2003 before the authorities 
decided not to carry out the Uzbek warrant of extradition. He was then 
released, but abducted in July and transported back to Uzbekistan where 
he remained in jail at year's end.
    At year's end there were an estimated 39,000 IDPs from Chechnya in 
Ingushetiya, in temporary settlements or in the private sector, and 
there were 200,000 Chechen IDPs in various parts of Chechnya. 
Approximately 8,000 Chechen IDPs reportedly were in Dagestan, 1,105 in 
North Ossetia, 2,610 in Georgia, and 20,000 elsewhere in the country. 
In addition to ethnic Chechen IDPs, almost the entire population of 
ethnic Russians, Armenians, and Jews left Chechnya during the strife of 
the past decade.
    Government officials stated publicly that they would not pressure 
or compel IDPs to return to Chechnya, and Ingush President Zyazikov 
promised that accommodation would be found for those remaining in 
Ingushetiya. Federal and local authorities consistently stated their 
determination to repatriate all IDPs back to Chechnya as soon as 
possible. Representatives of the Chechen administration visited camps 
in Ingushetiya to encourage IDPs to return to Chechnya, usually to 
temporary IDP facilities. In addition, during the year, the authorities 
closed the last remaining three tent camps in Ingushetiya; they had 
housed 5,978 persons. Although some of the inhabitants chose to remain 
in Ingushetiya, the UNHCR estimated that 70 to 75 percent chose to 
return to Chechnya. Following the June attacks by Chechen fighters in 
Ingushetiya, security forces conducted raids at several IDP 
settlements. Human rights NGOs reported that some of these raids 
resulted in IDPs being beaten or otherwise mistreated (see Section 
1.g.). At times, the border between Chechnya and Ingushetiya was closed 
because of military operations. Federal border guards and police 
officers on the border between Chechnya and neighboring regions and at 
checkpoints within the country frequently required travelers to pay 
bribes. Some Chechens also had trouble traveling because their 
documents were lost, stolen, or confiscated by government authorities. 
Officials stopped registering IDPs in Ingushetiya in 2001, depriving 
new arrivals of the possibility of regularizing their status in the 
republic. Local authorities also frequently removed IDPs from the 
registration lists if they were not physically present when the 
authorities visited their tents. There were frequent interruptions in 
gas and electricity to IDP camps in Ingushetiya, events that the IDPs 
often viewed as pressure to return to Chechnya. Despite the inadequacy 
of the temporary lodging for IDPs in Chechnya, UNHCR officials reported 
that more than 26,000 IDPs returned to Chechnya from Ingushetiya 
between January 1 and October 15.
    International and domestic organizations expressed concerns during 
the year over the Government's commitment to principles of voluntary 
return and alternative shelter in its treatment of Chechen IDPs in 
Ingushetiya, particularly with regard to the closure of tent camps. The 
Norwegian Refugee Council noted that threats of eviction, removal from 
humanitarian distribution lists, and security checks in settlements 
were used to create feelings among IDPs that returning to Chechnya was 
their only option (see Section 4).
    The law provides for the granting of asylum or refugee status in 
accordance with the 1951 U.N. Convention Relating to the Status of 
Refugees or its 1967 protocol, but the Government had 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; however, it rarely 
granted asylum, and it returned individuals who sought entry without 
proper documentation to their countries of origin, including to 
countries where they demonstrated a well founded fear of persecution. 
The Government cooperated to a limited extent with the UNHCR and the 
IOM; both organizations assisted the Government in trying to develop a 
more humane migration management system, including more effective and 
fair refugee status determination procedures. At year's end, UNHCR had 
registered 42,931 asylum seekers who originated from outside the 
territories of the former Soviet Union since 1992. The UNHCR reported 
that only 2,962 of these were active cases, composed of 5,793 
individuals still seeking asylum or receiving UNHCR assistance. The 
remainder integrated into society, left the country, resettled, or 
repatriated. The Government acted more expeditiously and with greater 
leniency in cases involving applicants who had been citizens of the 
former Soviet Union. There continued to be widespread ignorance of 
refugee law both on the part of officials and would be applicants.
    A number of workers and students from Africa and Asia who came to 
work or study in accordance with treaties between their countries and 
the former Soviet Union remained in the country. The Government did not 
deport them but continued to encourage their return home. Between 
January and November, the UNHCR resettled a total of 515 persons, of 
whom 306 were Afghans and 145 were Africans.
    A group of approximately 1,000 to 1,500 ethnic Armenian refugees 
evacuated from Azerbaijan in the late 1980s, due to ethnic violence, 
remained housed in ``temporary quarters,'' usually in Moscow hotels or 
workers' dormitories. Representatives of the community previously 
stated that they were not interested in citizenship, which would 
entitle them to the benefits accorded to forced migrants, because they 
did not believe such a step would improve their material situation. 
They also rejected offers of relocation to other regions, alleging that 
the alternative housing that they were offered frequently was not 
suitable or available. However, as a result of a UNHCR project that has 
been providing legal assistance to the Baku Armenians since May 2002, 
by December, approximately 200 had received Russian citizenship and 60 
others had pending citizenship applications.
    In August, 270 residents of the Zelenogradskiy Accommodation Center 
for refugees, located on the outskirts of Moscow, were forced by the 
private landowner to evacuate the building. The Moscow Region Migration 
Service stated that 27 individuals were eligible to move to other 
temporary accommodation centers because they had refugee status, 
temporary asylum or asylum seeker certificates. The others were forced 
to find alternative shelter using a lump sum in cash provided by UNHCR. 
FMS officials told UNHCR that there was an urgent need for an emergency 
reception center in the Moscow region to maintain security and public 
order since the majority of asylum seekers, refugees and illegal 
migrants are concentrated in the capital.
    The UNHCR continued to be concerned about the situation of asylum 
seekers and refugees at Moscow's Sheremetyevo 2 airport. The 
authorities systematically deported improperly documented passengers, 
including persons who demonstrated a well founded fear of persecution 
in their countries of origin. Legally bound to provide food and 
emergency medical care for undocumented travelers, the airlines 
returned them to their point of departure as quickly as possible; 
airlines were fined if an undocumented passenger was admitted to the 
country but not if the passenger was returned to the country of origin. 
The treatment of asylum seekers in the transit zone reportedly was 
harsh. The UNHCR received reports of physical and verbal abuse of 
transit passengers by police officers and Aeroflot airline employees. 
During the year, at least four persons were stranded in the transit 
zone of Sheremetyevo 2 airport for more than 3 months while three cases 
involving six persons were resettled by the UNHCR to another country. 
Among the latter were two persons who had resided in the airport 
transit zone for more than 15 months. In July, the authorities rejected 
asylum applications by two Ethiopians stranded in Sheremetyevo 2; the 
UNHCR initiated emergency resettlement. Despite several serious 
deportation and refoulement attempts by Aeroflot, the individuals 
safely departed to Norway later in July. According to the UNHCR, at 
year's end, four asylum seekers were still stranded in the airport.
    There were 114 Points of Immigration Control (PICs) at border 
crossings and international airports. Most of the cases referred to 
them dealt with labor migrants both entering and leaving the country. A 
few were asylum seekers. To the UNHCR's knowledge, no asylum seeker 
arriving at Sheremetyevo 2 airport has been accepted by the PICs since 
at least 1999. All of those who were interviewed (and rejected) were 
denied legal entrance into the country and generally referred to the 
UNHCR. During the year, the UNHCR continued to examine each case and 
seek resettlement on an emergency basis for those deemed to be in need 
of international protection. At the beginning of the year, several 
staff members from PIC were reassigned to other units within the 
migration service of Moscow region, and the UNHCR observed that the PIC 
office located in the international transit zone was not always 
staffed. The UNHCR further noticed a decrease in the number of newly 
arrived asylum seekers reported in the first half 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; while citizens generally have exercised this 
right in practice, the March 14 Presidential elections failed to meet 
international standards in a number of areas.
    The Constitution establishes four branches of Government: The 
Presidency; the Federal Assembly made up of two houses (the State Duma 
and Federation Council); the Government and Council of Ministers headed 
by the Prime Minister; and the Judiciary. The Constitution gives 
predominance to the Presidency, and the President utilized his many 
powers to set national priorities and establish individual policies.
    Incumbent President Putin, who had first been named acting 
President in 1999 and elected in 2000, was reelected on March 14 by a 
wide margin. The elections were observed by the OSCE, which offered a 
positive evaluation of the technical conduct of the balloting but 
concluded that the overall election process, marred by widespread 
misuse of administrative resources, systematically biased campaign 
coverage, and inequitable treatment of political parties, failed to 
meet international standards. Although the legal requirements for 
televised political debates and free time for party candidates to 
present their views were observed, the Government used its increasing 
influence over the media, particularly the electronic media, to promote 
favored candidates in newscasts and other programming, resulting in 
coverage that was heavily biased in favor of incumbent President Putin 
(see Section 2.a.).
    In the December 2003 parliamentary elections, the ability of 
opposition parties, particularly those receiving funding from some so 
called oligarchs, to mount strong campaigns was seriously hampered by 
the investigation and arrest of Yukos President Mikhail Khodorkovskiy, 
a step widely believed to have been prompted, at least in part, by the 
considerable financial support he provided to opposition groups. Other 
wealthy benefactors of opposition parties and candidates appeared to 
have responded to what they regarded as an implied threat by reducing 
their own involvement in political contributions. The pro government 
forces, in contrast, drew heavily on ``administrative'' resources, 
using the power and influence of regional and local officials to 
maximize media coverage and campaign financing, and in some instances 
local electoral commissions appeared to bend the law to disqualify 
local opposition Duma candidates, leading to a small number of 
questionable disqualifications. As a result, the parliamentary 
elections failed to satisfy a number of international criteria for 
democratic elections.
    In Chechnya, the authorities held a Presidential election on August 
29. Official results indicated 74 percent of voters chose the Kremlin 
endorsed candidate, but regional experts who were present on the ground 
on election day alleged that the Kremlin announced voter turnout 
numbers were artificially high and that significant voting 
irregularities took place. The main candidate to replace Akhmed 
Kadyrov, who was assassinated on May 9, was Chechen Interior Minister 
Alu Alkhanov. Alkhanov was reportedly supported by Kadyrov's son, 
Presidential Guard chief Ramzan Kadyrov, and was unofficially endorsed 
by President Putin. Chechen businessman Malik Saidulayev, whom 
electoral officials disqualified on questionable grounds, had 
challenged Alkhanov. The official media coverage of the election 
campaign was strongly supportive of Alkhanov.
    Competitive elections for other regional and local offices were 
held throughout the year. Most observers viewed these elections as 
generally free and fair, although there were problems in some regions 
involving unequal access to the media, non compliance with financial 
disclosure requirements, and the use of ``administrative resources'' 
(such as government staff and official media) by incumbents to support 
their candidacies. Challengers were able to defeat incumbents in some 
of the races for regional executive positions, and losing candidates 
generally accepted the legitimacy of the voting results. Some incumbent 
governors reportedly pressured local press organizations to support 
their candidacies or deny support to their challengers. The counting of 
the votes in most locations was professionally done; however, 
incumbents, particularly those with connections to the Kremlin, enjoyed 
significant advantages in media access and financing during their 
campaigns.
    In a number of regions, including Chechnya, there were incidents in 
which central or regional officials employed a number of forms of 
electoral manipulation, including pressuring candidates to withdraw 
from elections and disqualifying candidates through apparently 
prejudiced application of the elections laws.
    In December, human rights activists investigated mass beatings and 
detentions by police in Bashkortostan. Police allegedly beat residents 
because they voted ``incorrectly'' in the republic's December 
presidential election (see Section 1.c.).
    A Kremlin proposed law enacted in December eliminated the direct 
election of the country's regional leaders. The new law provides that 
Governors be nominated by the President subject to confirmation by 
regional legislatures. Regional legislatures that fail to confirm the 
President's choice are ultimately subject to dissolution. Governors in 
power at the time the law entered into force were given the option of 
either serving out their elected term or resigning early in order to 
appeal for a presidential appointment.
    Political parties historically have been organizationally weak. 
Although laws enacted in 2001 and 2002 included a number of measures 
that enlarged the role of political parties, particularly established 
political groupings, they also gave the executive branch and Prosecutor 
General broad powers to regulate, investigate, and close down parties. 
Other changes increased campaign spending limits, shortened the 
campaign period, limited the conditions under which candidates could be 
removed from the ballot, and imposed restrictions on media coverage. A 
law enacted during the year raised the official membership requirements 
for political parties from 10,000 to 50,000, which may make it 
difficult for smaller parties to register. Parties that were already 
registered were given until January 2006 to comply with the new 
requirements.
    The electoral proposals enacted and considered during the year, 
particularly the elimination of direct gubernatorial elections, 
continued the consolidation of political power in the hands of the 
Kremlin. Khodorkovskiy's arrest in October 2003 on charges of fraud in 
connection with privatization of industrial assets in the 1990s was the 
most recent of a number of politically motivated moves against wealthy 
``oligarchs'' who represented centers of potential political and media 
opposition to the President (see Section 4). Many human rights 
observers viewed it as a warning to other oligarchs against involvement 
in political affairs and against providing financial support to 
independent civil society.
    Corruption is a widespread and longstanding problem in both the 
legislative and executive branches. Manifestations included bribery of 
officials, misuse of budgetary resources, theft of government property, 
extortion, and official collusion in criminal acts. In a 2002 survey by 
Transparency International, 75 percent of respondents considered the 
law enforcement agencies to be dishonest. An anti-corruption campaign 
was launched in the summer of 2003 against high level officials in the 
Ministry of Interior and Ministry of Emergency Situations. Seven Moscow 
Criminal Police colonels and General Vladimir Ganeyev from the Ministry 
of Emergency Situations were arrested and charged with bribery and 
extortion in an organized criminal group. This anti-corruption 
operation in Moscow was followed by a wave of criminal investigations 
against corrupt law enforcement officials throughout the country. 
According to press reports, these anti-corruption operations did not 
change the situation with regard to public corruption and were widely 
viewed as a public relations campaign for the approaching elections to 
the State Duma and Presidency. Corruption played a particularly 
important role in the political process in many of the regions.
    The Federal Law on Information and a law on participation in 
international information exchange regulate access to government 
information. Both laws authorize public access to all government 
information resources unless the information is designated confidential 
or classified by the law as a state secret. The information law 
specifies types of information that cannot be classified as secret or 
confidential, including laws and government regulations, information on 
emergency situations, ecological data, public health, demographic 
factors, and documents from libraries and archives open to the public. 
Information classified as a state secret is regulated by the Law On 
State Secrets of 1993 and by a 1995 Presidential Decree setting out a 
list of information classified as state secrets. According to articles 
13 and 24 of the Law on Information, a refusal to provide access to 
open information or the groundless classification of information as 
state secret or confidential can be contested in court.
    The courts convicted three suspects in the murder of Sergey 
Yushenkov, a prominent Duma Deputy and Liberal Russia party co Chairman 
who was shot to death in April 2003 (see Section 1.a.).
    There appeared to have been no progress in investigating the death 
of Yuriy Shchekochikhin, a prominent Duma deputy and deputy editor of 
Novaya Gazeta, who died in July 2003 under mysterious circumstances 
(see Section 1.a.).
    There were 45 women in the 450 member State Duma, and 6 in the 
Federation Council. A woman, Lyubov Sliska, served as First Deputy 
Speaker of the Duma. Svetlana Orlova was a Vice Chair of the Federation 
Council, and Valentina Petrenko chaired the Federation Council's Social 
Policy Committee. One woman, Valentina Matviyenko, served as governor 
of a prominent region, St. Petersburg.
    Legal provisions have allowed national minorities to take an active 
part in political life; however, ethnic Russians dominated the 
political system, particularly at the federal level, and national 
minorities generally were underrepresented in many areas of public 
life. 227 deputies in the State Duma specified their ethnic background. 
Of these, 46 were not ethnic Russian.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    Domestic and international human rights groups generally continued 
to operate in the country, investigating and publicly commenting on 
human rights problems; however official harassment of NGOs increased. 
The authorities harassed some of the most prominent NGOs in Moscow 
during the year, and other official actions and statements indicated a 
declining level of tolerance for unfettered NGO activity. NGOs seeking 
to operate in the northern Caucasus were severely hampered.
    The authorities continued to audit Otkrytaya Rossiya, the NGO 
established by former Yukos CEO Mikhail Khodorkovskiy. Observers 
believe that the audit represents the first step toward disbanding the 
organization.
    In November 2003, dozens of men in camouflage raided the Moscow 
offices of the Soros Foundation's Open Society Institute. The press 
reported that the men hauled away documents and computer data covering 
15 years. Private security forces carried out the operation; they were 
allegedly hired by a businessman with whom the Foundation had been 
having a legal dispute, but some observers regarded the action as 
government inspired. The Soros Foundation split the Open Society 
Institute/Russia into 15 separate foundations that would be jointly 
financed by Soros and domestic donors for the next 3 years with an 
eventual turnover to all Russian financing.
    Despite considerable litigation, the prosecution of Yuriy 
Samodurov, the Director of the Sakharov Center in Moscow, had not 
reached its conclusion by year's end. Samodurov, another employee 
Lyudmila Vasilovskaya, and artist Anna Mikhalchuk, were charged with 
inciting national, racial, and religious hostility by organizing a 
provocative religious exhibit at the Sakharov Center in January 2003.
    In the regions, some local officials harassed human rights 
monitors, and the Government continued to decline to reverse its 2002 
refusal to renew an agreement with the OSCE Assistance Group, thus 
preventing the organization from conducting human rights monitoring in 
Chechnya. After President Kadyrov was elected in October 2003, 
President Putin eliminated the position of the President's human rights 
envoy to Chechnya, asserting that the position was unnecessary because 
Chechnya was no different than other republics of the Federation, none 
of which had presidential representatives for human rights. Some 
government officials viewed the activities of some NGOs in regard to 
Chechnya with great suspicion. In his May State of the Nation speech, 
President Putin suggested that ``far from all [NGOs] are geared toward 
defending people's real interests. For some of these organizations, the 
priority is rather different'' obtaining funding from influential 
foreign or domestic foundations. For others it is servicing dubious 
group or commercial interests . . .''
    On July 12, approximately 20 Ingush MVD militia officers, most in 
camouflage and masks, raided the office of the Society of Russian 
Chechen Friendship (SRCF) in Ingushetiya. The SCRF is widely known for 
its reporting on the human rights situation in the North Caucasus. 
Computers, office equipment, and petitions and letters from the public 
were confiscated, and a staff member was arrested, held overnight, and 
later released.
    The National Democratic Institute (NDI) reported pressure on it and 
on its domestic partner, the VOICE Association for Voters' Rights from 
Central Authorities. Following the President's comments, the Minister 
of Foreign Affairs, Sergey Lavrov, held a meeting for NGOs to which 
such prominent NGOs such as Memorial and the Committee of Soldiers' 
Mothers, known for their criticism of the Kremlin, were not invited. 
Following the Committee of Soldiers' Mothers announcement that it 
intended to meet with Chechen rebel leader Aslan Maskhadov or his 
emissary Akhmed Zakayev, Duma deputies called for an investigation of 
the group and its finances. Prosecutors opened an investigation in 
November. The results of the investigation had not been announced at 
year's end.
    A Krasnodar court ordered the ``School for Peace'' to disband on 
February 19 after the MOJ complained about its work in support of 
Meskhetian Turks (see Section 2.d.). The school's lawyers appealed to 
the Supreme Court and to the ECHR. Meanwhile, a new charity 
organization, Froda, which had been registered in December 2003, 
continued to act as a successor of the School for Peace. The team 
remained the same and its work continued.
    Several NGOs reported increased difficulties in their relations 
with local authorities. These ranged from visa and registration 
problems to delays in permission to enter Chechnya to denial of 
permission to enter IDP camps in order to provide assistance.
    The Government's attitude towards human rights NGOs varied; the 
level of cooperation tended to depend on the perceived threat to 
national security or level of opposition that an NGO might pose. For 
example, most NGOs monitoring prison conditions generally enjoyed an 
excellent relationship with government authorities, but those 
monitoring Chechnya had more tense relations and in Krasnodar Kray the 
leaders of the organization, Mothers Defending Rights of the Detained 
and Convicted, were themselves detained in May when they sought access 
to a prison camp to check reports of inhumane treatment of inmates. 
Officials, such as human rights Ombudsman Vladimir Lukin, regularly 
interacted and cooperated with NGOs.
    Several NGOs were recognized and consulted by government and 
legislative officials for their expertise in certain fields, and such 
groups participated, with varying degrees of success, in the process of 
drafting legislation and decrees. AI and HRW were also active and 
published reports on Chechnya and other issues.
    A variety of regionally based human rights groups operated during 
the year. Socioeconomic rights groups were the most numerous; they 
monitored such problems as unpaid wages and benefits. There were fewer 
civil political rights groups, but they included ``generalist'' 
organizations that covered the range of human rights issues and 
``specialist'' organizations that covered only one issue. There were 
also public centers that provided legal advice to the general public 
(see Section 1.e.). Resources for human rights work were scarce; most 
groups relied on foreign support in the form of grants to maintain 
operations. Regional human rights groups generally received little, if 
any, international support, or attention. Although at times they 
reported that local authorities obstructed their work, criticism of the 
Government and regional authorities usually was permitted without 
hindrance. The authorities were reportedly less tolerant of criticism 
of a specific political leader in a region (such as a governor or a 
senior law enforcement official). Local human rights groups in the 
regions had far fewer opportunities than their Moscow counterparts to 
interact with legislators to develop legislation; local authorities 
excluded some from the process entirely.
    The leaders of some well known domestic NGOs involved in human 
rights advocacy reported receiving death threats from nationalist 
organizations.
    Some international NGOs maintained small branch offices staffed by 
local employees within Chechnya; however, all of them had their bases 
outside of Chechnya (see Sections 1.b. and 1.g.).
    Every person within the jurisdiction of the Federation may appeal 
to the ECHR about alleged human rights violations that occurred after 
May 1998, when the European Convention on Human Rights entered into 
force. Complainants were not required to exhaust all appeals in 
domestic courts before they could turn to the ECHR, but they must have 
exhausted ``effective and ordinary'' appeals, which usually includes 
two appeals (first and cassation) in courts of ordinary jurisdiction or 
three (first, appeal, and cassation) in the commercial court system. As 
of September, the ECHR had received an estimated 14,000 complaints from 
Russia. Of those, approximately 6,500 were declared inadmissible, and 
almost 4,000 were registered as ready for decision. However, the ECHR 
relayed more than 150 complaints it had received on to the Government. 
The Court found 15 complaints to be admissible, and there were five 
findings of violations based on the merits. Many applications were 
rejected at the first stage of proceedings as being clearly 
incompatible with the formal requirements of the European Convention. 
Some cases were put on the Court's calendar for fuller consideration.
    On October 14, the ECHR opened a hearing on the first six 
complaints from Chechen citizens whose relatives were killed or wounded 
as a result of the actions of federal forces in Chechnya in 1999 and 
2000. These complaints, which were submitted in spring 2002, were the 
first complaints on Chechnya the ECHR has accepted. The Court was 
expected to announce its verdict in early 2005.
    The Government's human rights institutions rarely challenged 
government activities but made efforts to promote human rights. The 
Office of the Human Rights Ombudsman, headed by Vladimir Lukin, 
commented on a broad range of human rights problems. Lukin's office had 
more than 150 employees and had several specialized sections 
responsible for investigating complaints of human rights abuses, 
including a section on religious freedom and a section on human rights 
education. During the year, the office published various reports on 
human rights problems. Lukin's role remained primarily consultative and 
investigatory, without powers of enforcement. By year's end, there were 
regional human rights ombudsmen with responsibilities similar to 
Lukin's in 24 of the 89 regions. Human rights committees and ombudsmen 
existed in other regions as well; however, the effectiveness of the 
regional ombudsmen and committees varied significantly from region to 
region.
    The President's Human Rights Commission, headed by Ella Pamfilova 
and including a number of human rights activists, was active in 
promoting NGO concerns and working across a spectrum of contacts to 
advance human rights throughout the country. President Putin met with 
members of the Commission on several occasions throughout the year and 
met regularly with Pamfilova.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The Constitution prohibits discrimination based on race, sex, 
language, social status, or other circumstances; however, both 
governmental and societal discrimination persisted.

    Women.--Domestic violence remained a major problem, and victims 
rarely had recourse to the authorities for protection. Police were 
reluctant, and at times unwilling, to intervene in what they regarded 
as purely domestic disputes, although there have been some reports of 
police participating in NGO programs intended to raise awareness about 
the problem more generally. Much of society, including some leaders in 
the human rights community, did not acknowledge domestic violence as a 
problem or did not believe that it was an issue of concern outside of 
the family. There was a general lack of understanding of these problems 
in the legal community, and there was no legal definition of domestic 
violence. Some forms of battering are addressed in the Criminal Code 
but are defined too narrowly to apply to most cases. Some NGOs that 
worked in the field of domestic violence reported that they had 
increasing access to legal services.
    AI cited reports by domestic NGOs indicating that more than a 
million women a year suffered from domestic violence. According to 
Aleksandra Kareva, the head of the legal department for Stop Violence, 
an association of women's crisis centers, nearly 100,000 persons called 
the group's hotlines in 2003. Stop Violence asserted that approximately 
58 percent of those women had been subject to aggression or violence 
from their husbands, fiances, or partners; 70 percent of wives suffered 
from some kind of domestic abuse by their husbands; and nearly a fifth 
of all women (18 percent) were constantly under threat of serious 
physical abuse by their husbands.
    Official estimates indicated that, on average, more than 250,000 
violent crimes are committed against women annually; however, such 
crimes usually were not reported. In 2003, 32 percent of all murder 
cases (9,500) were committed by family members against other family 
members.
    Rape was a problem. In 2002, police recorded more than 8,100 crimes 
of rape (in 2001, more than 7,000 rape cases were registered). The 
Government provided no support services to victims of rape or other 
sexual violence; however, victims could act as full legal parties to 
criminal cases brought against alleged assailants and could seek legal 
compensation as part of the verdict without seeking a separate civil 
action. Hospitals, crisis centers, and members of the medical 
profession assisted women who were assaulted; however, to avoid 
spending long periods in court, some doctors were reluctant to 
ascertain the details of a sexual assault or collect physical evidence.
    Despite serious difficulties, many groups continued to address 
violence against women. NGOs, alone or in cooperation with local 
governments, operated more than 120 women's crisis centers throughout 
the country, and their numbers continued to grow. According to an 
association created by the centers, as of year's end, there were 15 
governmental crisis centers and 50 non governmental centers in a total 
of 38 cities. The association's hotline received 340 calls daily. 
Several NGOs provided training on combating trafficking and domestic 
violence to police, Prosecutors, justices of the peace, and others in 
government.
    Representatives of a foreign NGO who visited the Russian Far East 
(RFE) during the year reported that there were no crisis centers 
providing direct services to victims of domestic violence in the 
region, and that the majority of services offered by NGOs involved 
psychological counseling. They reported a new initiative in 
Vladivostok, led by a local NGO, to involve a variety of local 
professionals, such as psychologists/consultants (on telephone 
hotlines), doctors, lawyers, and representatives of mass media, in 
addressing domestic violence as a social problem.
    While some conditions in the RFE may have been worse than some 
other regions, many of the experiences encountered by NGOs in the RFE 
reflected conditions throughout the country.
    The obstacles encountered by NGOs included acceptance by the 
Government (lawmakers as well as law enforcers) and society as a whole 
of domestic violence as the norm and the attendant lack of political 
will to change the situation; weak integration of specialists and 
professionals in combating the problem and a lack of cooperation among 
NGOs; and a lack of resources, both financial and personal.
    The organization and operation of a prostitution business is a 
crime, but the selling of sexual services remains only an 
administrative offense.
    Trafficking of women for sexual exploitation or forced labor was a 
serious problem (see Section 5, Trafficking).
    No law prohibits sexual harassment, and women have no recourse when 
sexually harassed. Anecdotal information suggested that many potential 
employers sought female employees who were receptive to sexual 
relations. Some firms asked applicants for employment to complete a 
form including the abbreviation ``VBO,'' a Russian language 
abbreviation for ``possibility of close relations,'' to which the 
applicant was expected to reply ``yes'' or ``no.'' Alternatively, 
advertisements sometimes sought applicants ``without complexes,'' which 
is taken to mean someone who was not opposed to relations with the 
potential boss as part of the job.
    The Constitution states that men and women have equal rights and 
opportunities to pursue those rights; however, credible evidence 
suggested that women encountered considerable discrimination in 
employment. Job advertisements often specified sex and age groups and 
at times physical appearance as well. NGOs continued to accuse the 
Government of condoning discrimination against women, contending that 
the Government seldom enforced employment laws concerning women. 
Employers often preferred to hire men, thereby saving on maternity and 
childcare costs and avoiding the perceived unreliability that 
accompanies the hiring of women with small children. Employers also 
tried to avoid employees likely to invoke the entitlement to a 3 year 
maternity leave for child care, which could be used in full or in part 
by the mother, father, relative, or trustee providing the actual 
childcare. Women continued to report cases in which employers paid them 
less for the same work that male colleagues performed. According to a 
2001 report by the International Labor Organization (ILO), women 
accounted for approximately 47 percent of the working age population 
but on average earned only two thirds of the salaries of their male 
counterparts. Professions dominated by women were much more poorly paid 
than those dominated by men.

    Children.--The Government was committed to children's rights and 
welfare; however, the resources it devoted to the welfare of children 
were limited. A Family Code regulates children's rights and marriage 
and divorce issues. Children have the right to free education until 
grade 11 (or approximately age 17), and school is compulsory until the 
ninth grade. Boys and girls were treated equally in the school system. 
While federal law provides for education for all children in the 
country, regional authorities frequently denied school access to the 
children of unregistered persons, including asylum seekers, and 
migrants (see Section 2.d.).
    Under the law, health care for children is free; however, the 
quality varied, and individuals incurred significant out of pocket 
expenses. More than 4 years after the start of the second conflict in 
Chechnya in autumn 1999, much of the republic's social and physical 
infrastructure remains destroyed or seriously damaged. As a result, 
social services are inadequate and poor, especially in the education, 
health and water and sanitation sectors. This, combined with the 
continued instability in the region, continues to threaten the health 
and well being of children in Chechnya.
    No reliable statistics existed on the extent of child abuse; 
however, anecdotal evidence indicated that child abuse was a problem.
    The status of many children has deteriorated since the collapse of 
communism because of falling living standards, an increase in the 
number of broken homes, and domestic violence. In Moscow, approximately 
6,000 children per year were brought to the Center of Temporary 
Isolation of Minor Delinquents (COVINA). These children stayed in 
COVINA for no more than 30 days. During this period, a child's case was 
investigated, and his or her guardian was located; however, in 90 to 95 
percent of these cases, the police simply returned the children to 
their families or to the institution from which they had run away. Many 
officials considered such domestic problems private affairs and 
preferred not to interfere. Ministry of Labor and Social Protection 
estimates indicated that approximately 1 million minors spend most of 
their time on the streets of big cities, neglected by their parents or 
caregivers. According to data of the Training and Research Center of 
the Ministry of Education, almost 130,000 new children are registered 
annually nationwide as lacking parental support and supervision. In St. 
Petersburg alone, the number of street children was estimated to be 
between 20,000 and 45,000.
    Trafficking in children was a problem (see Section 5, Trafficking).
    Troops in Chechnya reportedly placed Chechen boys ages 13 and older 
in filtration camps where some reportedly were beaten and raped by 
guards, soldiers, or other inmates. The women's action group ``White 
Kerchief'' (Belyy Platok) reported that some federal forces engaged in 
kidnapping children in Chechnya for ransom.
    According to a 2002 report by the U.N. Special Representative for 
Children and Armed Conflict, Chechen rebels used children to plant 
landmines and explosives. In September, at least 338 hostages, about 
half of them children, were killed after terrorists, some of whom were 
Chechens, took an estimated 1,200 hostages at a school in North Ossetia 
(see Section 1.g.).
    Figures for homeless children were unreliable. According to the 
Ministry of Labor, estimates of neglected children ranged from 100,000 
to 5 million. In 2002, an estimated 681,000 vagrant children were 
detained by law enforcement agencies, 2.5 times the 2001 rate. 
Approximately 50,000 adolescents were on the local and federal lists of 
missing children in 2002, 13.5 percent more than in 2001. The Ministry 
of Internal Affairs reported that approximately 50,000 children run 
away from home each year. According to the State Report on the Status 
of Children in the Russian Federation for 2003 (reporting statistics as 
of 2002), there were 700,000 street children and neglected children. 
The number of homeless children reportedly was growing by 100,000 to 
130,000 every year and had reached about 1 million, according to Human 
Rights Ombudsman Vladimir Lukin; however, estimates from NGOs were much 
higher. Moscow authorities indicated that 40,000 working street 
children lived in the capital but claimed that 80 percent were from 
places other than Moscow. Homeless children often engaged in criminal 
activities, received no education, and were vulnerable to drug and 
alcohol abuse. Some young girls on the street turned to, or were forced 
into, prostitution in order to survive.
    In the St. Petersburg region, local government and police ran 
various programs for homeless children and cooperated with local NGOs; 
however, resources were few and overall coordination remained poor. 
Local and international NGOs provided a variety of services for the 
homeless. Many Moscow charitable organizations have established 
productive relations with the city government to address the needs of 
children with disabilities, as well as other vulnerable groups. In St. 
Petersburg, the ILO ran a drop in center for runaways and homeless 
children; Road to Light has a shelter there for abused girls and an 
independent living program for children in institutions to train them 
in life skills.
    Assistance to, and accommodation for, children with disabilities 
continued to be seriously inadequate (see Section 5, Persons with 
Disabilities). The Rights of the Child Program called for the 
establishment of an ombudsman for the rights of children with the power 
to enter and inspect children's facilities at any time without advance 
notification. The Ministry of Labor and Social Development continued to 
work with UNICEF on a pilot program to establish regional children's 
rights Ombudsmen. According to the Ministry and the Rights of the Child 
NGO, there were 15 such Ombudsmen, including in the cities of 
Yekaterinburg, St. Petersburg, and Arzamas Volkskiy, and in the regions 
of Velikiy Novgorod, Chechnya, Ivanovo, Kaluga, and Volgograd. An 
Ombudsman may only write a letter requesting an inquiry by law 
enforcement authorities, assist those whose rights have been violated 
to understand their legal rights, and make suggestions to legislators 
(local, regional, and federal) on ways to improve legislation.
    Conditions for children in prisons and pretrial detention were 
problems (see Sections 1.c. and 1.d.).

    Trafficking in Persons.--The law prohibits trafficking in persons; 
however, trafficking in women and children continued to be a problem. 
The Government at all levels appeared committed to combat it. In 
October 2003, President Putin decried human trafficking as a ``modern 
form of slavery''; however, there continued to be allegations that the 
corruption of government officials facilitated trafficking, although it 
was difficult to ascertain the scope of such corruption. During the 
year, the State Duma passed witness protection legislation, scheduled 
to take effect at the beginning of 2005, that covered trafficking 
victims. A number of trafficking prosecutions were pending utilizing 
both traditional criminal statutes and December 2003 amendments to the 
Criminal Code that for the first time criminalized trafficking.
    The December 2003 amendments that criminalized human trafficking 
and the use of forced labor also expanded criminal liability for 
recruitment into prostitution, organization of a prostitution business, 
and the distribution of child pornography. Pursuant to these articles, 
if certain aggravating factors are established, trafficking and use of 
slave labor are each punishable by a maximum of 15 years imprisonment, 
recruitment into prostitution is punishable by a maximum of 8 years, 
the organization of a prostitution business is punishable by a maximum 
of 10 years, and the manufacture and distribution of child pornography 
is punishable by a maximum of 8 years.
    Law enforcement agencies continued to be involved in and to support 
a number of domestic and international human trafficking prosecutions. 
The Deputy Chief of the MVD Investigation Committee detailed four new 
prosecutions at an IOM conference, specifically discussing a 
trafficking case in Rostov on Don with victims who were transported to 
Cyprus; a joint Russian Dagestani trafficking investigation and 
prosecution; an investigation of Children from Volgodrad being 
trafficked to Italy; and a trial in Yaroslavl. The Russian police, 
working closely with Israeli law enforcement agencies, arrested eight 
individuals involved in a Russian Israeli prostitution smuggling ring.
    There were no reliable estimates of the scope of trafficking, but 
observers believe it remained widespread. The country continued to be a 
source, destination and transit country for human trafficking, 
particularly of women. Smaller numbers of men were also reported to be 
trafficked internally for manual labor.
    According to the IOM, women have been trafficked to almost 50 
countries, including every West European country, the United States, 
Canada, former Soviet republics, such as Georgia, Middle Eastern 
countries, such as Turkey and Israel, and Asian countries, including 
Japan and Thailand. There were also reports of women being trafficked 
to Australia and New Zealand. Victims often agreed to be transported to 
one location, only to be diverted to, and forcibly held in, another. 
Sometimes they were ``sold'' en route, particularly when transiting the 
Balkans.
    Reports indicated that internal trafficking was also becoming an 
increasing problem, with women and children being recruited and 
transported from rural areas to urban centers and from one region to 
another. Sources reported that traffickers sometimes facilitated the 
migration of young women from the provinces to the major cities to work 
in sex industries such as stripping and prostitution. Young women who 
traveled into Moscow sometimes ended up in prostitution and, once 
there, found themselves trapped.
    There were also reports that children were kidnapped or purchased 
from parents, relatives, or orphanages for sexual abuse, child 
pornography, and the harvesting of organs. When police investigated 
such cases, they sometimes found that these children were adopted 
legally by families abroad; however, there were confirmed cases of 
children trafficked for sexual exploitation.
    The virtual trafficking of pornographic images of children over the 
Internet was also a growing problem, with the country having become a 
major producer and distributor of child pornography in the last few 
years. This has led to confirmed cases both of sex trafficking of 
children and of its inverse, child sex tourism to the country. However, 
the authorities were actively assisting foreign prosecutions relating 
to child pornography and child pornography web sites located in the 
country.
    Women who have been trafficked abroad and returned seldom reported 
their experiences to the police and continued to be fearful of 
retaliation by the traffickers. Some trafficked women were of Russian 
ethnic origin but citizens of other former Soviet countries, such as 
Ukraine. Women from such countries as Tajkistan emigrated illegally to 
seek work, and some may have been victims of traffickers. Some migrants 
became victims of forced labor once they arrived. According to another 
IOM Report, women aged 15 to 25, particularly those interested in 
working overseas, were the most likely to be trafficked. The targets of 
traffickers were usually unemployed females between the ages of 14 and 
45, with females between the ages of 15 and 25 the prime targets. 
Traffickers offered enough economic hope to persuade even well 
educated, mature women with job skills to become risk takers and 
entrust traffickers with their money, documents, and persons. Almost 
all trafficked women who returned and recounted their experiences 
reported that they traveled to better their lives through work or 
marriage abroad. Some knowingly agreed to work in sex industries. But 
all victims insisted that they never suspected the severity of the 
conditions, the slavery, or the abuse to which they would be subjected.
    According to credible media reports, some employers forced workers 
from countries of the former Soviet Union to work without pay. 
Employers or the individuals who brought the workers into the country 
withheld the workers' passports or other documentation and threatened 
them with exposure to law enforcement agencies or immigration 
authorities if they demanded payment. At times, the recruiter demanded 
part or all of the workers' wages of face deportation. One trafficking 
researcher indicated that she was aware of a case in which the local 
police worked with an employer to ``shake down'' trafficked labor to 
deprive them of their wages.
    Information from foreign prosecutions, academic researchers, and 
law enforcement sources suggested that small criminal groups carried 
out most trafficking with the assistance of front companies and more 
established organized crime groups. Typically, the traffickers used a 
front company frequently an employment agency, travel agency or 
modeling company to recruit victims with promises of high paying work 
overseas. Many placed advertisements in newspapers or public places for 
overseas employment, some employed women to pose as returned workers to 
recruit victims, some placed Internet or other advertisements for mail 
order brides, and some victims were recruited by partners or friends. 
Once they reached the destination country, the traffickers typically 
confiscated the victims' travel documents, locked the victims in a 
remote location, and forced them to work in the sex industry.
    Traffickers often used their ties to organized crime to threaten 
the victims with harm to their families should they try to leave. They 
also relied on ties to organized crime in the destination countries to 
prevent the victims from leaving and to find employment for the victims 
in the local sex industry. Trafficking organizations typically paid 
domestic organized crime entities a percentage of their profits in 
return for ``protection'' and for assistance in identifying victims, 
procuring false documents, and corrupting law enforcement. They also 
sometimes paid ``protection'' money to local organized crime groups in 
destination countries.
    There were reports that individual government officials took bribes 
from individuals and organized trafficking rings to assist in issuing 
documents and facilitating visa fraud. Law enforcement sources agreed 
that often some form of document fraud was committed in the process of 
obtaining external passports and visas, but they were uncertain to what 
extent this involved official corruption rather than individual or 
organized criminal forgery and fraud. There were reports of 
prosecutions of officials involved in such corruption.
    Journalists, politicians, and academic experts stated that 
trafficking was facilitated and, in many cases, controlled by corrupt 
elements within the MVD and other law enforcement bodies. Substantial 
evidence, including information derived from victims, NGOs, foreign law 
enforcement organizations and criminal prosecutions, suggested that 
corrupt elements within the Ministry of Internal Affairs protected 
trafficking organizations and, in many cases, directly operated 
trafficking and prostitution businesses themselves.
    In the past, there were significant complaints that Russian 
consular officials abroad refused to help trafficked women. However, 
the Ministry of Foreign Affairs developed guidance for consular 
officers abroad on how to deal with trafficking victims and has 
indicated that it is committed to assist repatriation of trafficking 
victims.
    Many of the more than 120 crisis centers and anti-trafficking NGOs 
throughout the country provided information on trafficking, and some 
provided assistance to victims. Various NGOs rescued victims and helped 
them to reintegrate upon return to the country. These NGOs received 
varying degrees of support from regional and local governments. Some 
were invited to brief local officials and law enforcement personnel, 
and some provided training to local crisis centers and hospital staff. 
Significantly, the State Duma Committee on Legislation involved a 
variety of NGOs in the development of the draft anti-trafficking law. 
Some foreign funded crisis centers, such as the Anna Crisis Center in 
Moscow and the Women's Center in the Republic of Kareliya, provided 
psychological consultations for trafficking victims. The Women's Crisis 
Center in St. Petersburg also provided psychological and legal 
consultations for trafficking victims. An NGO in Yekaterinburg, the 
Foundation for Women's Entrepreneurial Support, provided training on 
trafficking in persons and how to deal with its repercussions.
    NGOs also continued their activities in the areas of public 
education and victim support. For example, during the year, Winrock 
International continued to provide economic empowerment training to 
NGOs in a variety of cities in the RFE.
    In August, the State Duma passed a witness protection statute that 
applies to all organized crime cases in which a witness' life or 
physical safety is in danger; this measure was strongly favored by 
anti-trafficking supporters.
    The Government had no official prevention program, but continued to 
sponsor a number of events designed to raise public awareness of the 
dangers of trafficking. The Presidential Administration organized a 
major conference of domestic anti-trafficking NGOs in Moscow on January 
27, in which senior foreign officials also participated. The State Duma 
sponsored seven regional conferences throughout the country designed to 
teach law enforcement officers, NGOs, and public officials about the 
2003 amendments to the criminal code and the new witness protection 
statute, and to address trafficking problems in general to facilitate 
prosecution of trafficking cases. The Ministry of Internal Affairs 
sponsored a ``Train the Trainer'' conference for MVD training staff 
from all over the country and invited outstanding international experts 
to participate in and to teach at the conference with the goal of 
developing trainers for the MVD throughout the country. The Ministry of 
Internal Affairs worked to develop a pilot anti-trafficking awareness 
program for use in schools.

    Persons With Disabilities.--Several existing laws are intended to 
prohibit discrimination against persons with disabilities or to 
establish conditions of equal rights for them; however, the Government 
did not enforce these laws. Citizens with disabilities continued to be 
denied equal opportunity to an education, the right to work, and access 
to social infrastructure.
    Legislative and governmental approaches toward persons with 
disabilities continued to focus on social protection material aid as 
opposed to social integration. The few existing laws promoting the 
integration of persons with disabilities into society lacked 
implementation mechanisms, for example, laws prescribed penalties on 
enterprises for failure to build ramps or other accessible features but 
contain no enforcement mechanisms.
    There were an estimated 15 million persons with disabilities, 
nearly 700,000 of them minors. Persons with disabilities continued to 
be excluded from the social and political life of their communities and 
have been isolated from the mainstream community.
    Over the past 10 years, with the emergence of NGOs focused on 
disability and family matters and the passing of instrumental 
disability legislation, significant changes have occurred to improve 
the quality of life of persons with disabilities. Employment programs 
for persons with disabilities have been launched in at least 9 cities 
(Moscow, St. Petersburg, Tomsk, Omsk, Vladimir, Arkhangelsk, Perm, 
Yekaterinburg, and Krasnoyarsk), and 40 pre schools adopted inclusive 
programs in Moscow, St. Petersburg, Velikiy Novgorod, Pskov, and 
Yekaterinburg. NGOs have made significant efforts in this area, but 
there was still a lack of government support on issues affecting 
persons with disabilities.
    Despite the promise of these changes, persons with disabilities 
still faced daily discrimination, as well as physical barriers to 
education, employment, recreational activities, and family life. 
Authorities seldom enforced local and federal legislation.
    The law on Social Protection of Disabled People, which was 
scheduled to take effect in January 2005, would replace benefits such 
as subsidized transportation and medicine with cash payments. The new 
law raises many questions about the responsibility for implementation 
of legislation. Advocates of persons with disabilities argued that such 
persons would be particularly affected since the proposed payments, 
which are projected to start at $5 (140 Rubles) a month, would be 
eroded quickly by inflation and would not be paid in full by regional 
authorities. They also contended that some of the privileges scheduled 
to be eliminated, such as job guarantees for persons with disabilities, 
would not be subject to any monetary compensation.
    The law requires that firms with more than 30 employees either 
reserve 3 percent of their positions for persons with disabilities or 
contribute to a government fund to create job opportunities for them; 
the legislation scheduled to take effect in January 2005, would change 
the minimum number of employees to 100 and substitute a 2 to 4 percent 
quota to be decided at the regional level. In addition, the law cancels 
the fine that employers once paid for not observing this quota. The 
only exception is for employers in Moscow, where officials have agreed 
to continue fining businesses for not observing the quota.
    The law also modifies earlier language defining an ``invalid'' as a 
person unable to work. Perspektiva, a disability rights NGO, feared 
that some disability payments might be taken away by the new law if a 
person with disabilities is considered able to work, even though that 
individual may not in fact be able to find a job.
    Some persons with disabilities found work within factories run by 
the All Russian Society for Persons With Disabilities; however, most 
were unable to find employment. Local authorities, private employers, 
and tradition continued to discourage persons with disabilities from 
working, and they were usually forced to subsist on social benefits.
    The authorities concerned with children with disabilities continued 
to focus their attention on orphans and those who have been removed 
from mainstream society and isolated in state institutions. The 
authorities generally believed in segregating children with 
disabilities from mainstream society in special institutions rather 
than integrating them into the community. A complex and cumbersome 
system has developed to manage the institutionalization of some 
children until adulthood; three different ministries (Education, 
Health, and Labor and Social Development) assumed responsibility for 
different age groups and categories of orphans. Observers concluded 
that the welfare of the children was lost within the bureaucracy, and 
little clear recourse existed in instances of abuse by the system. 
Human rights groups alleged that children in state institutions were 
provided for poorly and in some cases were abused physically by staff. 
Life after institutionalization also posed serious problems; children 
often lacked the necessary social, educational, and vocational skills 
to function in society.
    The label of imbecile or idiot, which was assigned by a commission 
that assesses all children with developmental problems at the age of 3 
and which signified uneducable, almost always was irrevocable. Even the 
label of debil lightly retarded followed an individual throughout life 
on official documents, creating barriers to employment and housing 
after graduation from state institutions. This designation was 
increasingly challenged in the case of children with parents or 
caregivers, but there was no one advocating for the rights of 
institutionalized children. A study conducted 1998 by the Rights of the 
Child NGO under the Moscow Research Center for Human Rights found that 
upon graduation at the age of 18 from a state institution for the 
lightly retarded, 30 percent of orphans became vagrants, 10 percent 
became involved in crime, and 10 percent committed suicide. The 
existing system provided little oversight and no formal recourse for 
orphans who had been misdiagnosed as mentally ill or retarded or who 
were abused or neglected while in state institutions. Facilities to 
which such children were remanded frequently used unprescribed 
narcotics to keep children under control. While this study is nearly 10 
years old, Right of the Child representatives indicated that directors 
of such institutions continued to give very pessimistic assessments of 
the situation.
    Youths with disabilities not in institutions, and their parents, 
faced significant barriers to education, including schools that were 
not accessible. There was little or no accessible transportation. At 
the same time, the ``home program'' for children with disabilities was 
highly inferior to school classes. Children with disabilities were 
often marked as ``un-educable.'' Those who attended university received 
no additional services or assistance. The majority of teachers and 
administrators in schools and universities had little or no 
understanding of disability issues. Often, parents of children without 
disabilities were averse to their children studying with children with 
disabilities.
    Ministry of Education figures for 2003 indicated that nearly 
200,000 of the country's 467,000 children with disabilities of school 
age were not accounted for and many may have been getting no education 
at all. Approximately 260,000 were studying at specialized schools 
where they were isolated from other members of the community and 
getting an inadequate education. Moreover, many of these children were 
forced to study far away from home as only a small number of cities 
have specialized schools. Approximately 30,000 children with 
disabilities studied at home, where they were isolated from their 
peers, getting an inadequate education and infrequent visits from 
teachers. Because almost all children with disabilities were at home or 
in specialized schools, they were not being prepared for life in the 
community, pursuing further education or finding employment. In Nizhniy 
Novgorod, fewer than 200 of the approximately 8,000 young adults with 
disabilities were enrolled at universities during the year.
    Primary and secondary schools effectively excluded children with 
disabilities by requiring parents to produce a medical certificate 
affirming that the child was in perfect health. A shortage of qualified 
teachers and specialists for different categories of disabled children, 
a lack of methodologies, and the inaccessibility of the schools 
contributed to the problem. Families with such children are supposedly 
entitled to special education, home school training, or other 
compensation, but may need to resort to legal action to receive their 
entitlements in full. Other problems that parents faced included 
unawareness of the human and legal rights of their children and lack of 
experience in dealing with government officials. Collectively, parents 
suffered from inadequate cooperation with each other and insufficient 
integration with other NGO's working on social issues.
    Federal law on the protection of persons with disabilities requires 
that buildings be made accessible to the disabled, but there were few 
regional mechanisms to implement this legislation and the authorities 
generally did not seek to enforce it.
    Disability NGOs, such as Perspektiva and the Independent Living 
Network, continued to work to broaden public awareness and 
understanding of problems concerning accessibility, employment, and 
inclusive education for persons with disabilities by conducting 
workshops, roundtables with public officials, and training programs for 
persons with disabilities, their parents, school administrators, 
teachers, and lawyers.

    National/Racial/Ethnic Minorities.--The Constitution prohibits 
discrimination based on nationality; however, Roma, persons from the 
Caucasus and Central Asia, and dark skinned persons faced widespread 
governmental and societal discrimination, which often was reflected in 
official attitudes and actions (see Section 1.c.). Racially motivated 
violence increased. Muslims and Jews continued to encounter prejudice 
and societal discrimination; it was often difficult to separate 
religious from ethnic motivations (see Section 2.c). Human rights 
observers noted that considerable legislation prohibits racist 
propaganda and racially motivated violence but complained that it was 
invoked infrequently.
    Monitoring by the European Roma Rights Center (ERRC) revealed 
``alarming patterns of human rights abuse of Roma'' in the country. The 
2002 census estimated a Romani population of 182,000, but unofficial 
estimates put it at 1.2 million. The ERRC said that the media's 
frequent association of Roma with drug dealing was a problem because it 
provided the context for many of the human rights violations Roma 
experience: Torture and abuse by law enforcement officials; arbitrary 
police raids on Romani settlements; abduction and extortion of money by 
police; discrimination in the criminal justice system; violence at the 
hands of paramilitary and nationalist extremist groups; hostile 
portrayals in the media; unwillingness of local officials to provide 
personal documents; and poor access to jobs, education, and housing.
    Evidence of widespread police violence against Roma was provided by 
the ERRC, although the abuse was rarely reported to higher authorities. 
Most police abuse during the year, according to the NGO Roma Ural, 
occurred during identity checks or when Romani settlements were raided. 
Roma often explained that it was cheaper and better to pay bribes to 
police than to obtain regular citizenship documents, which may cost 
even more in bribes.
    New federal and local measures to combat crime continued to be 
applied disproportionately to persons appearing to be from the Caucasus 
and Central Asia. Police reportedly beat, harassed, and demanded bribes 
from persons with dark skin, or who appeared to be from the Caucasus, 
Central Asia, or Africa. Azerbaijani vendors alleged police frequently 
used violence against them during document checks at markets in St. 
Petersburg.
    Authorities in Moscow subjected dark skinned persons to far more 
frequent document checks than others and frequently detained them or 
fined them amounts in excess of permissible penalties. Police often 
failed to record infractions by minorities or to issue a written record 
to the alleged perpetrators. Law enforcement authorities also targeted 
such persons for deportation from urban centers. Chechens in particular 
continued to face great difficulty in finding lodging in Moscow and 
frequently were forced to pay at least twice the usual rent for an 
apartment.
    There was also evidence of societal hostility on ethnic and racial 
grounds. Despite appeals for tolerance during the year by President 
Putin and other senior officials, violence and societal prejudice 
against ethnic and national minorities, as well as against foreigners, 
increased. During the year there were numerous racially motivated 
attacks on members of minority groups and foreigners, particularly 
Asians and Africans. The approximately 1,000 African students in Moscow 
were routinely subjected to assaults and abuse. An informal 2002 survey 
of Africans, mostly students and refugees, indicated that nearly two 
thirds reported having been physically attacked in Moscow because of 
their race. Fifty four percent were verbally insulted by the police 
because of their race. The 180 students questioned reported 
experiencing 204 attacks, 160 of them reported to the police, resulting 
in 2 convictions.
    Attacks were generally carried out by private individuals or small 
groups inspired by racial hatred. Law enforcement authorities knew the 
identity of some of the attackers based on their racial intolerance or 
criminal records. During the year, members of ethnic or racial 
minorities were the victims of beatings, extortion, and harassment by 
skinheads and members of other racist and extremist groups. For 
example, the press reported that on September 20 a group of up to 50 
young persons beat and stabbed 4 individuals from the Caucasus region 
on the Moscow subway. Police rarely made arrests in such cases, 
although many such incidents were reported by human rights 
organizations. Many victims, particularly migrants and asylum seekers 
who lacked residence documents recognized by the police, chose not to 
report such attacks or experienced indifference on the part of police.
    Skinheads, who began to appear in the early 1990s, numbered 
approximately 50,000 in hundreds of organizations at year's end, 
according to the Ministry of Internal Affairs. The Ministry reported 
that there were approximately 5,000 skinheads in Moscow.
    There has been no significant progress in the investigation of a 
group of seven alleged skinheads that attacked a group of Kurdish and 
Turkish children from Germany in a St. Petersburg subway station in 
April 2003. An investigation was opened only after the German consulate 
lobbied local authorities.
    Most authorities appeared unwilling to acknowledge the racial 
motivation behind antisocial brutality. For example, in St. Petersburg, 
where observers noted an increase in ethnic hostility, law enforcement 
officials often characterized perpetrators of hate crimes as 
spontaneous ``hooligans,'' denying the existence of organized skinhead 
groups there. The City Administration and law enforcement agencies did 
not do enough to address the issue because of lack of resources and, in 
some cases, sympathy with nationalistic causes among working level 
staff. According to press reports, between January and July, four 
killings, six physical attacks, and three acts of vandalism in St. 
Petersburg appeared to have been motivated by ethnic hatred. In all 
cases the attackers were wearing skinhead attire or proclaimed 
nationalist slogans.
    According to the MVD, 283 crimes were committed against foreign 
students during the year. Most of the crimes were thefts (about 43 
percent) and robberies. This year most of the victims were students 
from China and other Asian and African countries. One third of such 
crimes were committed in St. Petersburg. On October 13, a 20 year old 
student from Vietnam was killed by a group of about 20 skinheads in St. 
Petersburg. Several skinheads were detained. Over 200 students from 
Vietnam gathered next day in protest and demanded that a fair 
investigation be conducted. On October 2, an Afghan native was killed 
in St. Petersburg. The Afghan Diaspora is certain that militia was 
directly involved in this murder. The investigation is still ongoing. 
On May 31, in St. Petersburg a student from Libya (son of the Cultural 
Attache from the Libyan Embassy in Moscow), died in a hospital of knife 
wounds. A criminal case was initiated, but no one was detained.
    In Moscow, in January, an ethnic Nanay student of the Peoples of 
the North Institute was killed on the way to his dormitory. In 
February, a 9 year old Tajik girl was killed when a group of young men, 
shouting ``Russia for the Russians,'' attacked a Tajik family of three. 
The girl died of multiple stab wounds. In May, the son of a cultural 
attache of the Libyan Embassy was knifed near the apartment he was 
renting. A group of 20 50 skinheads attacked four individuals from the 
Caucasus in a Moscow metro in September. The victims were brought to 
hospital with knife wounds and broken arms and legs. In Voronezh, in 
October, a student from Kenya was beaten; two of the attackers were 
detained. The incident happened 10 days after a first guilty verdict in 
relation to another hate crime was announced in Voronezh. Two adults 
were sentenced for 17 and 10 years in prison and a teenager was 
sentenced for 9 years in a juvenile institution for murder of a student 
from Africa committed in February.
    On June 19, Nikolay Girenko, an expert on hate crimes and senior 
researcher of the Museum of Anthropology and Ethnography at the Russian 
Academy of Sciences, was killed in his apartment in St. Petersburg. An 
unidentified individual rang the doorbell and shot Girenko through the 
wooden door with a sawed off rifle. Girenko's colleagues from the 
Citizen's Watch and Light Center NGOs (where he was a long term 
collaborator on tolerance programs) were certain that the motive for 
the killing was Girenko's professional activity. He was an official 
expert for the Prosecutor's Office in a number of high profile court 
cases involving ethnic and religious issues, including the case of 
Moscow Sakharov's Center employees who were charged with inflaming 
ethnic hatred for hosting the exhibition ``Danger, Religion!'' Girenko 
disagreed with prosecution experts and denied that there were grounds 
for the charges, and partly as the result of his testimony the court 
returned the case to the prosecutor's office in June for further 
investigation.
    Shortly after the killing of Girenko, a previously unknown 
organization, ``Russian Republic,'' pronounced a death sentence on 
Girenko on its website and announced that the sentence had been carried 
out. St. Petersburg prosecutors reportedly issued a summons to the 
authors of the ``Russian Republic'' website, but a journalists' NGO 
indicated that those behind the website had decided to ignore the 
summons. There was no indication by year's end that the St. Petersburg 
authorities had pursued the case further.
    In September 2003, the courts acquitted Pavel Ivanov, editor of the 
Velikiy Novgorod newspaper Russkoye Veche, of printing articles hostile 
to minorities in his newspaper. Ivanov had been charged in 2002 with 
inflaming ethnic hatred. Nikolay Girenko, the ethnicity expert who was 
killed in June, had been an expert witness in this case.
    The Constitution makes provision for the use of national languages 
alongside the official Russian language and states that each citizen 
shall have the right to define his or her own national identity and 
that no citizen shall be required to state officially his or her 
nationality.

    Indigenous People.--The law provides for the support of indigenous 
ethnic communities, permits them to create self governing bodies, and 
allows them to seek compensation if economic development threatens 
their lands. In some areas, local communities have organized to study 
and make recommendations regarding the preservation of the culture of 
indigenous people. Groups such as the Buryats in Siberia and ethnic 
groups of the North (including the Enver, Tafarli, Chukchi, and others) 
continued to work actively to preserve and defend their cultures as 
well as the economic resources of their regions. Most affirmed that 
they received the same treatment as ethnic Russians, although some 
groups believed that they were not represented or were underrepresented 
in regional governments. The principal problems of indigenous people 
remained the distribution of necessary supplies and services, 
particularly in the winter months for those who lived in the far north, 
and disputed claims to profits from exploitation of natural resources. 
In May, the Ministry of Natural Resources, gave the Chukotka 
Association of Traditional Marine Mammal Hunters, a native NGO, the 
right to distribute whale harvest quotas to the native hunters of 
Chukotka. This gave the Chukotka hunters greater control over the 
renewable resources upon which they depend.
    Some groups in the far eastern part of the country criticized the 
Government for not developing an overall concept for the development of 
indigenous people. Responsibility for government policy toward 
indigenous people had been transferred between government agencies 
several times in earlier years.

    Other Societal Abuses or Discrimination.--People with HIV/AIDS 
often found themselves alienated from their families, their employers, 
and medical service providers. For instance, a 2003 study of 470 
citizens with HIV found that: 10 percent had been forced to leave home 
by their families, 30 percent had been refused health care, 10 percent 
had been fired, and almost 50 percent were required by their doctors to 
give detailed personal information about their sex partners.
    Although homosexuality is not illegal, many male homosexuals 
continued to be discriminated against by all levels of society. Medical 
practitioners continue to limit or refuse health services due to 
intolerance and prejudices towards this marginalized and high risk 
group. According to recent studies, male homosexuals were often refused 
work due to their sexuality and therefore further marginalized from 
society. Openly gay men must keep a constant watch against being 
targeted for skinhead aggression, which was often met with law 
enforcement indifference.
Section 6. Worker Rights
    a. The Right of Association.--The law provides workers with the 
right to form and join trade unions; however, in practice, government 
policy and the dominant position of the Federation of Independent Trade 
Unions of Russia (FNPR) limited the exercise of this right. 
Approximately 60 percent of the work force (an estimated 68 million 
workers) was unionized, and approximately 10 percent of union members 
belonged to independent free trade unions.
    The FNPR claimed the membership of approximately 60 percent of all 
workers, although observers concluded that 50 percent appeared to be a 
more accurate estimate. The FNPR largely dominated the union movement, 
and this dominance constituted a practical constraint on the right to 
freedom of association. Trade union control over the distribution of 
social benefits at the federal level effectively ended in 1991, but the 
FNPR, as the owner of many service facilities and the largest grouping 
of unions, continued to play a significant role at the municipal and 
regional level in setting priorities for the distribution of social 
benefits, such as child subsidies and vacations, based on union 
affiliation and politics. Such practices discouraged the formation of 
new unions. Trade unions maintained that the consolidation of social 
security assets in the federal budget and the additional layer of 
bureaucracy in the distribution of social benefits have led to reduced 
benefits for workers and the public in general.
    FNPR unions frequently included management as part of the 
bargaining unit or elected management as delegates to its congresses. 
The FNPR and other trade union federations acted independently on the 
national political level, but in some cases FNPR unions were affiliated 
closely with local political structures. Political parties often 
cooperated with unions, for example, in calling for a national day of 
protest.
    Approximately half of the court cases on the right of association 
were decided in favor of employees, although fewer than 50 percent of 
cases were decided within a year, and enforcement of court decisions 
remained a problem. Employees tended to win their cases in court but 
only if they were prepared to appeal through a protracted and time 
consuming process. Many remained reluctant to do so. Most workers did 
not understand or have faith in the legal structure and feared possible 
retaliation.
    There were incidents of cooperation between company management and 
FNPR local unions in successful efforts to discourage the establishment 
of new unions. The Russian Railways Trade Union, an affiliate of the 
FNPR, signed a collective bargaining agreement with Russian Railways 
after apparently illegally excluding an independent trade union from 
negotiations. The Russian Railways Trade Union has established a goal 
of signing up all railroad workers as members, which would necessitate 
the end of the independent trade union.
    The law requires trade unions to register and specifies that 
registration requires a simple ``notification'' and submission of 
documents to the authorities; however, in practice, many trade unions 
remained unregistered because local departments of the MOJ throughout 
the country continued to ignore the established procedures and refused 
to register new unions without changes in charter documents or 
confirmation of attendance at founding conferences. As a result of such 
practices, new organizations such as local branches of the Russian 
Trade Union of Locomotive Brigades of Railway Employees (RPLBZh) 
remained unregistered and existing organizations that had been required 
to reregister had not done so.
    According to the Labor Code, organizations or trade unions may 
represent workers' rights at the enterprise level (see Section 6.b.). 
However, such organizations were structurally dependent on a higher 
union body. By thus restricting the authority to represent workers at 
the enterprise level to entities that are structurally dependent on 
higher union bodies, the new Labor Code restricts the ability of 
workers to determine their own union structures. Labor experts viewed 
this as a clear violation of freedom of association principles (ILO 
Convention No. 87). In March, the ILO Committee on Freedom of 
Association requested that the Government clarify whether local ``stand 
alone'' trade unions could represent workers in collective bargaining.
    The Labor Code and Trade Union Law specifically prohibit anti-union 
discrimination; however, anti-union discrimination remained a problem. 
Union leaders have been followed by the security services, detained for 
questioning by police, and subjected to heavy fines, losses of bonuses, 
and demotions. A trade union leader at the Moscow Cash and Carry 
supermarket chain was apprehended during the year on suspicion of 
shoplifting stockings worth approximately $.60 (18 rubles). For several 
days in a row she was taken to court in a police vehicle and threatened 
with prosecution even though an offense of this nature would not 
normally warrant police attention. Trade Union activity by members of 
the Russian Trade Union of Locomotive Brigades of Railway Employees has 
led to harassment, including denial of free train travel to which the 
members are entitled. In 2003, the ILO Committee on Freedom of 
Association called on the Government to investigate complaints that 
since November, 2000 members of the Russian Federation Water Transport 
Workers Union had been pressured by Novorossiysk Trade Sea Port JSC to 
leave the union and join a company controlled organization posing as an 
alternative union.

    b. The Right to Organize and Bargain Collectively.--The Labor Code 
gives employers considerable flexibility in dealing with labor 
relations. Under the Code, collective bargaining agreements remain 
mandatory if either the employer or employees request them. Both sides 
are obligated to enter into such negotiations within 7 days of 
receiving a request, and the law sets a time limit of 3 months for 
concluding such agreements. Any unresolved issues are to be included in 
a protocol of disagreement, which may be used to initiate a collective 
labor dispute.
    Despite these requirements, employers continued to ignore trade 
union requests to negotiate collective bargaining agreements. In July, 
pilots at Bashkir Airlines went on strike to protest management's 
refusal to enter into collective bargaining negotiations. Moscow 
Railways has refused to negotiate a collective bargaining agreement 
with the RPLBZh.
    The Government's role in setting and enforcing labor standards was 
diminished under the 2002 Labor Code, and trade unions were expected to 
play a balancing role in representing workers' interests. However, 
observers criticized the absence of clear enforcement mechanisms to 
ensure that an employer engages in good faith collective bargaining and 
other obligations, and provisions that favor the designation of a 
majority union as the exclusive bargaining agent. For example, if more 
than one trade union is represented at an enterprise, the Code calls 
for the formation of a joint body based on proportional representation 
to select a single representative body for workers during the 
collective bargaining negotiations. If the unions fail to agree on such 
a body within 5 days, the trade union representing the majority of 
workers at the enterprise has the right to represent all workers during 
these negotiations. While minority unions retained their seats at the 
negotiating table with the right to join the negotiations up until the 
actual signing of an agreement, labor experts stated that in many 
cases, particularly outside of Moscow and St. Petersburg, the above 
measures encouraged larger trade unions to obstruct the formation of a 
negotiating team to ensure their designation as exclusive bargaining 
agents.
    Labor experts also were concerned about a number of other 
provisions of the Labor Code. The stipulation that there may be only 
one collective agreement per enterprise, covering all employees, limits 
the ability of professional or ``craft'' unions (the majority of new 
unions in the country) to represent their members' interests. In March, 
the ILO Committee on Freedom of Association requested that the 
Government amend the Labor Code to allow collective bargaining at the 
occupational level. In some regions, existing unions were under 
increasing pressure from employers under the new labor relations 
scheme.
    Collective bargaining agreements had been registered officially by 
an estimated 16 to 18 percent of enterprises; however, the FNPR claimed 
that approximately 80 percent of its enterprises had concluded such 
agreements. This apparent discrepancy appeared to be due in part to 
agreements that were concluded but not registered with the Ministry of 
Labor. Under the Labor Code, all parties to the agreement must register 
collective bargaining and wage agreements within 7 days of signature; 
however, there are no sanctions in the event that a collective 
agreement is not registered. The Code states that collective agreements 
become effective upon signature, regardless of whether they are 
registered or not. Ambiguity concerning the employer's legal identity 
made some collective agreements ineffective. This lack of clear 
identification under the law made tripartite wage agreements (with 
labor, management, and government participation) non binding at the 
municipal, regional, national, and industrial levels and brought their 
legal validity into question. Even when an agreement was signed, 
employers often claimed subsequently that the ``employer 
representative'' had not been authorized to represent the factory 
involved.
    Ministry of Labor officials estimated that there were slightly more 
than 2 million labor violations in 2001 (the latest year for which data 
was available). The Moscow Labor Arbitration Court handles labor 
violations and disputes when both sides voluntarily agree to abide by 
its recommendations. It handles several cases a year. The court is a 
pilot project and was expected to lead to a system of similar 
arbitration courts in various regions. However, a shortage of resources 
limited the creation of additional courts.
    The law provides for the right to strike; however, this right 
remained difficult to exercise. Most strikes were considered 
technically illegal, because the procedures for disputes were 
exceedingly complex and required the coordination of information from 
both sides. Civil courts could review strikes to establish their 
legality. The Labor Code further limits workers' and trade unions' 
ability to conduct strikes. A strike may be called only after approval 
of the majority of participants at a conference composed of at least 
two thirds of all workers, including management, at an enterprise. On 
March 24, the ILO Committee on Freedom of Association requested that 
the Government amend the Labor Code to lower the quorum required for a 
strike ballot. The Committee also requested the amendment specify that 
unions are not to be legally obligated to indicate the duration of a 
strike. There had been no change by year's end.
    The law specifies that a minimum level of essential services must 
be provided if a strike could affect the safety or health of citizens. 
Under this definition, most public sector employees could not strike. 
After a trade union declares a strike, the trade union, management, and 
local executive authority have 5 days to agree on the required level of 
essential services. If no agreement is reached which was often the case 
the local executive authority simply decrees the minimal services and 
often sets them at approximately the same level as the average 
workload. During the year, the ILO Committee on Freedom of Association 
requested that the Government amend this section of the Labor Code and 
provide for an independent body to establish minimum services. The 
civil court has the right to order the confiscation of union property 
to settle damages and losses to an employer if a strike is found to be 
illegal and not discontinued before the decision goes into effect. As a 
result, an increasing number of strikes were organized by strike 
committees rather than by unions.
    There were no prolonged strikes during the year. Overall strike 
activity remained relatively low, with only 11 strikes of a day or 
longer officially registered through October. In October, a 1 day 
strike by public sector workers, mostly teachers, produced a spike in 
strike statistics. Court rulings have established the principle that 
nonpayment of wages--estimated to be the cause of 90 percent of labor 
disputes--is an individual matter and cannot be addressed collectively 
by unions. As a result, a collective action based on nonpayment of 
wages was not recognized as a strike. Such actions occurred regularly, 
particularly in newly privatized companies with contracts to provide 
public services. The labor law does not protect individuals against 
being fired while on strike.
    The law prohibits strikes in the railway and air traffic sectors, 
at nuclear power stations, and by members of the military, militia, 
government agencies, and disaster assistance organizations. As a 
result, workers in these professions at times resorted to other forms 
of protest such as rallies, days of action, or hunger strikes. The law 
prohibits reprisals for strikes; however, reprisals were common, and 
included threats of night shifts, denial of benefits, and firing.
    Company management has sometimes sought to reorganize enterprise 
operations in order to break up unions that conducted strikes. In June 
2003, the ILO Freedom of Association Committee noted the Government's 
``total lack of cooperation'' in investigating such a case involving a 
labor dispute dating back to 1997 between a local independent union of 
dockworkers and the management at the Kaliningrad port. On October 19, 
the ECHR accepted the case at the request of the dockworkers' union but 
was not expected to decide it until summer, 2005.
    The Government did not rescind its December 2002 refusal to permit 
the longtime director of the Solidarity Center, an NGO that provided 
technical assistance and training to workers and promotes cooperation 
among labor, management, and Government, to reenter the country, 
despite lobbying by domestic NGOs, some members of the Duma, and some 
in the international community. The refusal apparently was related to 
her activities in support of worker rights. Officials indicated that 
her refusal could not be reviewed until 2007. They permitted a 
temporary director to enter the country to close the office.
    There are no export processing zones. Worker rights in the special 
economic zones and free trade zones are covered fully by the Labor Code 
and are the same as in other parts of the country.

    c. Prohibition of Forced or Compulsory Labor.--The Labor Code 
prohibits forced or compulsory labor; however, there were instances of 
the use of forced labor. There continued to be credible reports that 
significant numbers of foreign workers from other countries of the 
former Soviet Union were forced to work without pay because their 
passports were held by firms that brought them into the country (see 
Section 5). According to an ILO study, most forced labor was connected 
with illegal migration, that is, persons who entered the country 
voluntarily, but illegally. Because they were there illegally, they 
were subject to exploitation. According to the study, employers 
withheld passports in 20 percent of forced labor cases. A further ILO 
study completed during the year estimated that at least 2.1 million 
illegal migrants worked in conditions of forced labor.
    There were reports that approximately 4,000 North Koreans were 
brought into the country to work in the construction and timber 
industries in the RFE, with salaries remitted directly to their 
Government. AI charged that a 1995 bilateral agreement with North Korea 
allows the exchange of free labor for debt repayment, although the 
Government claimed that a 1999 intergovernmental agreement gave North 
Koreans working in the country the same legal protections as citizens. 
Officials reported that up to 6,400 North Koreans were employed in the 
Russian Far East during the year. Most wages were withheld until the 
laborers returned home, making the workers vulnerable to deception on 
the part of North Korean authorities that promised relatively high 
payments. Military officers reportedly sent soldiers under their charge 
to work on farms to gather food for their units or perform work for 
private citizens or organizations. The USMC reported that the practice 
by officers and sergeants of ``selling'' soldiers to other officers 
with a military need for personnel or to perform such private 
activities as building private dachas constituted forced labor. Such 
abuses were often linked to units in the Northern Caucasus military 
district. The largest single group of such complaints the USMC received 
between January and September 2001 concerned the MVD.
    In August, the television station Rossiya reported that dozens of 
workers died at a slave labor camp in Western Siberia. The owners of 
the logging company reportedly decided to increase their profits using 
slave labor. The Kemerovo regional prosecutor's office was 
investigating the deaths at year's end.
    The Labor Code prohibits forced or bonded labor by children; 
however, there were reports that such practices occurred (see Sections 
6.d. and 6.f.). Parents who begged in underpasses and railway stations 
of larger cities often had their children beg from passersby.

    d. Prohibition of Child Labor and Minimum Age for Employment.--The 
new Labor Code retains prohibitions against most employment of children 
under the age of 16 and also regulates the working conditions of 
children under the age of 18, including banning dangerous, nighttime, 
and overtime work; however, the Federal Labor and Employment Service 
and the Ministry of Internal Affairs, which are responsible for child 
labor matters, did not enforce these laws effectively. Children were 
permitted, under certain specific conditions and with the approval of a 
parent or guardian, to work at the ages of 14 and 15. Such programs 
must not pose any threat to the health or welfare of children. The 
Federal Labor and Employment Service, under the auspices of the 
Ministry of Health and Social Development, was responsible for 
routinely checking enterprises and organizations for violations of 
labor and occupational health standards for minors. In 2001, 
approximately 12,000 cases of child labor violations were reported. 
There was no reliable information on the number of cases in which an 
employer or organization was prosecuted for violating laws on child 
labor. Most serious violations of child labor and occupational health 
standards were believed to occur in the informal sector. Local police 
investigations only occurred in response to complaints.
    Accepted social prohibitions against the employment of children and 
the availability of adult workers at low wages generally prevented 
widespread abuse of child labor. Nonetheless, the transition from a 
planned to a market economy has been accompanied by an increase in the 
number of children working and living on the streets. This was largely 
due to deterioration in the social service infrastructure, including 
access to education and health care. In some cases, economic hardship 
eroded familial protection. Parents often used their children to lend 
credence to their poverty when begging. Homeless children were at 
heightened risk for exploitation in prostitution or criminal activities 
(see Section 5).

    e. Acceptable Conditions of Work.--The monthly minimum wage, 
essentially an accounting reference for calculating transfer payments, 
was scheduled to rise to approximately $26 (720 rubles) on January 1, 
2005. The monthly official subsistence level of approximately $82 
(2,396 rubles) was not sufficient to provide a decent standard of 
living for a worker and family. Approximately 26 percent of the 
population had incomes below the official subsistence minimum. Average 
wages rose to approximately $255 (7,126 rubles) per month, compared 
with approximately $187 (5,512 rubles) per month in 2003. However, in 
some impoverished rural areas, such as the Mary El region, workers on 
what were once collective farms received as little as $13 (360 rubles) 
a month.
    The Labor Code retains a standard workweek of 40 hours, with at 
least one 24 hour rest period, and requires premium pay for overtime 
work or work on holidays; however, workers have complained of being 
required to work in excess of the standard workweek (10 to 12 hour days 
were common), of abrogated negotiated labor agreements, and of forced 
transfers.
    Although the incidence of nonpayment of wages declined, especially 
in the public sector, it continued to be the most widespread abuse of 
labor legislation. The AZLK Automobile Factory in Moscow, which went 
into receivership in 2003, owed workers 3 years of wages. The Labor 
Code imposes penalties on employers who pay their employees late or 
make partial payments and requires them to pay two thirds of a worker's 
salary if the worker remains idle by some fault of the employer. 
Proving that an employer is at fault, however, was difficult. Wage 
arrears through November totaled $732 million (20.1 billion rubles), 
down from $1.2 billion (34.7 billion rubles). Only in very isolated 
instances did some enterprises force their employees to accept payment 
in barter.
    The number of workers who sought to recover unpaid back wages 
through the court system increased by 10 percent in 2003, but the 
process remained lengthy. Courts often were willing to rule in favor of 
employees seeking the payment of back wages, but collection remained 
difficult. Courts often insisted that cases be filed individually, in 
contradiction to the Law on Trade Unions, thereby undercutting union 
attempts to include the entire membership in one case. This insistence 
also made the process lengthier and more difficult for the affected 
workers and exposed them to possible retaliation (see Section 6.b.). 
The practice continued of removing the names of workers who won 
judgments for back wages, but did not yet receive the wages, from the 
list of those permitted to buy food on credit from the company store.
    The law establishes minimum conditions for workplace safety and 
worker health; however, the Government lacked the financial and human 
resources to enforce these standards effectively. Workers wore little 
protective equipment in factories, enterprises stored hazardous 
materials in open areas, emergency exits were often locked, and smoking 
was permitted near containers of flammable substances.
    The Labor Code provides workers with the right to remove themselves 
from hazardous or life threatening work situations without jeopardy to 
their continued employment; however, labor inspectorate resources to 
enforce this right remained limited. In addition, workers were entitled 
to such compensations as shorter hours, increased vacations, extra pay, 
and pension benefits for working under such conditions; however, the 
pressure for survival often displaced concern for safety, and the risk 
of industrial accidents or death for workers remained high. Deaths in 
mining accidents increased from 98 in 2003 to 147 through December 25.
    Mine inspections were ineffective because sanctions for safety 
violations were weak. Even fatal workplace accidents due to unsafe work 
conditions often went unpunished. In April, a methane explosion in the 
Tayzhina coalmine in the Kemerovo region killed 47 workers. A federal 
government commission found no one culpable for the disaster, but union 
officials claimed better ventilation and stronger supports could have 
prevented fatalities.
    The law entitles foreign workers residing and working legally in 
the country to the same rights and protections provided to citizens 
under the law, and the Labor Code prohibits forced or compulsory labor; 
however there were reports that foreign workers were brought into the 
country to perform such work (see section 6.c.). Foreign workers 
residing and working illegally in the country may be subject to 
deportation but may seek recourse through the court system. There were 
credible reports that hundreds of thousands of Ukrainians, Belarusians, 
Moldovans, and Central Asians were living and working illegally in 
Moscow and other larger cities for lower wages than citizens and under 
generally poor conditions.

                               __________

                               SAN MARINO

    San Marino is a democratic, multiparty republic. The popularly 
elected Parliament, the Great and General Council (GGC), selects two of 
its members to serve as Captains Regent (co-heads of state). Captains 
Regent preside over meetings of the GGC and the Cabinet (Congress of 
State), which has 10 other members (secretaries of state) who the GGC 
also selects. The Secretary of State for Foreign Affairs has some of 
the prerogatives of a prime minister. The judiciary is independent.
    Elected officials effectively controlled the centralized police 
organization (the Civil Police), which was responsible for internal 
security and civil defense; the Gendarmerie, a military group 
responsible for internal security and public order; and the Guardie di 
Rocca, a military group responsible for external defense that 
occasionally assisted the Gendermerie in criminal investigations.
    The principal economic activities were tourism, farming, light 
manufacturing, and banking. The country's population is approximately 
28,000. In addition to revenue from taxes and customs, the Government 
also derived income from selling coins and postage stamps to 
international collectors and from an annual subsidy provided by the 
Italian Government under the terms of the Basic Treaty with Italy. 
Gross domestic product grew an estimated 2 percent, and wages grew 5.7 
percent in 2003. The unemployment rate for the first semester of the 
year was 2.9 percent. Officially, the inflation rate is the same as 
Italy's, but in both countries it was actually higher than reported. 
Corruption by public officials occurred and was usually enhanced by 
political rivalry. However, the Government did not consider corruption 
a priority.
    The Government generally respected the human rights of its 
citizens, and the law and judiciary provide effective means of 
addressing individual instances of abuse. Some remnants of legal and 
societal discrimination against women remained, particularly with 
regard to the transmission of citizenship.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Arbitrary or Unlawful Deprivation of Life.--There were no 
reports of arbitrary or unlawful deprivation of life committed by the 
Government or its agents.

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

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The law prohibits such practices, and there were no 
reports that government officials employed them.
    Prison conditions generally met international standards, and the 
Government permitted visits by independent human rights observers. Male 
prisoners were held separately from female prisoners, as were juveniles 
from adults and pretrial detainees from convicted prisoners.

    d. Arbitrary Arrest or Detention.--The law prohibits arbitrary 
arrest and detention, and the Government generally observed these 
prohibitions.

    e. Denial of Fair Public Trial.--The law provides for an 
independent judiciary, and the Government generally respected this 
provision in practice.
    The judicial system requires that the country's lower court judges 
be noncitizens, with the aim of assuring impartiality; most lower court 
judges are Italian. A local conciliation judge handles cases of minor 
importance. Other cases are handled by non-Sammarinese judges who serve 
under contract to the Government. The final court of review is the 
Council of Twelve, a group of judges chosen for 6-year terms (four of 
whom are replaced every 2 years) from among the members of the GGC.
    The law provides for the right to a fair trial, and an independent 
judiciary generally enforced this right.
    There were no reports of political prisoners.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The law prohibits such actions, and the Government 
generally respected these prohibitions in practice. Violations were 
subject to effective legal sanction.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The law provides for freedom of 
speech and of the press, and the Government generally respected these 
rights in practice 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 independent media were active and expressed a wide variety of 
views without restrictions. Access to the Internet was unrestricted.

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

    c. Freedom of Religion.--The law provides for freedom of religion, 
and the Government generally respected this right in practice.
    For a more detailed discussion, see the 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 
forced exile in practice.
    The law does not provide for granting asylum or refugee status in 
accordance with the 1951 U.N. Convention or its 1967 Protocol. Asylum 
or refugee status may be granted by an act of the Congress of State; 
however, the Government did not formally offer asylum to refugees. The 
Government has permitted a few persons to reside and work in the 
country and cooperated with the Office of the U.N. High Commissioner 
for Refugees and other humanitarian organizations in assisting 
refugees.
    The issue of the provision of temporary protection of individuals 
who may not qualify as refugees did not arise during the year.
    There were no reports of the forced return of persons to a country 
where they feared persecution.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The Constitution provides citizens with the right to change their 
government peacefully, and citizens exercised this right in practice 
through periodic, free, and fair elections held on the basis of 
universal suffrage.
    There were no women serving on the Great and General Council during 
the year. However, women held positions in mainstream party 
organizations. There were 9 women in the 60-seat Parliament, but no 
minority group members.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    There were no domestic human rights organizations, although the 
Government did not impede their formation. The Government declared 
itself open to investigations by international NGOs into alleged 
abuses, but there were no known requests to investigate.
Section 5. Discrimination, Societal Abuses, And Trafficking in Persons
    The law prohibits discrimination based on race, disability, 
language, or social status. The law also prohibits some forms of 
discrimination based on sex; however, vestiges of legal and societal 
discrimination against women remained.

    Women.--The law provides for the protection of women from violence. 
Rape, including spousal rape, is a crime under the law. Occurrences of 
violence against women, including spousal abuse, were rare.
    Several laws provide specifically for the equality of women in the 
workplace and elsewhere. In practice, there was no discrimination in 
pay or working conditions. All careers were open to women, including 
careers in the military and police as well as the highest public 
offices.
    The citizenship law provides that both men and women may transmit 
citizenship either through birth or naturalization; however, children 
of male citizens only need to state their ``intent'' to retain 
citizenship, whereas children of female citizens must state their 
``desire'' to retain citizenship. It is not clear if this affects the 
transmission of citizenship in practice.

    Children.--The Government was committed to children's rights and 
welfare. Public education and medical care services were amply funded. 
Education is free until grade 13 (usually age 18) and compulsory until 
age 16. Most students continued in school until age 18. No differences 
were apparent in the treatment of girls and boys in education or health 
care. Violence against or abuse of children was an isolated problem; 
however, there were no reported cases during the year. One case from 
2003 was pending.

    Trafficking in Persons.--The law does not explicitly 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 discrimination against 
persons with disabilities in employment, education, access to health 
care, or in the provision of other state services. There also were no 
reports of other societal abuses. The Ministry for Territory has not 
fully implemented a law that mandates easier access to public buildings 
by persons with disabilities.
Section 6. Worker Rights
    a. The Right of Association.--By law, all workers (except the armed 
forces) are free to form and join unions, and workers exercised this 
right in practice. The law sets the conditions to establish labor 
unions. Union members constituted approximately half of the country's 
work force (which numbered approximately 10,300 citizens plus 4,000 
resident Italians). Trade unions were independent of the Government and 
political parties; however, they had close informal ties with political 
parties, which exercised strong influence over union members.

    b. The Right to Organize and Bargain Collectively.--The law allows 
unions to conduct their activities without interference, and the 
Government protected this right in practice.
    The law gives collective bargaining agreements the force of law and 
prohibits anti-union discrimination by employers. Workers exercised 
these rights and effective mechanisms existed to resolve complaints. 
Negotiations were conducted freely, often in the presence of government 
officials (usually from the Labor and Industry Departments) by 
invitation from both unions and employer associations. Complaints 
generally were resolved amicably by a ``conciliatory committee'' 
composed of labor union and business association representatives and 
government officials.
    The law allows all civilian workers, including the Civil Police, 
the right to strike, and workers exercised this right in practice.
    There were 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 
minimum age for employment and compulsory education is 16, and no 
exceptions were granted by the Ministry of Labor and Cooperation.
    The law does not limit children between the ages of 16 and 18 from 
any type of legal work activity.

    e. Acceptable Conditions of Work.--The Government sets the minimum 
wage according to industry standards. For example, in the hotel and 
restaurant industry, the minimum wage for employees over 18 years of 
age was approximately $8.84 an hour (6.55 euros). For employees under 
18, the minimum wage was approximately $7.13 (5.28 euros). The national 
minimum wage provided a decent standard of living for a worker and 
family. Wages generally were higher than the minimum.
    The law sets the workweek at 36 hours in the public sector and 37 
hours for industry and private businesses, with 24 consecutive hours of 
rest per week mandated for workers in either category.
    The law requires a premium payment for overtime and allows a 
maximum of 2 hours of overtime per day. There is effective enforcement 
of laws and industry contracts that prohibit excessive compulsory 
overtime. However, overtime laws do not protect the small number of 
foreign illegal day workers in the country.
    The law stipulates safety and health standards, and the judicial 
system monitors these standards. Most workplaces implemented the 
standards effectively; however, there were some exceptions, notably in 
the construction industry, where not all workers, particularly foreign 
workers hired for a specific contract, consistently abided by safety 
regulations, such as work hour limitations. The Government closely 
monitored the implementation of safety regulations in the construction 
industry, but improvement has been slow.
    Two laws treat foreign workers differently from citizens of the 
country: The first prohibits indefinite employment status for foreign 
workers with nonresident status. The second requires non-Italian 
foreign workers to obtain an Italian residence permit before they can 
apply for employment. In practice, these provisions limited the 
application of unemployment benefits to foreigners because such 
benefits were granted for a period of 12 months.

                               __________

                         SERBIA AND MONTENEGRO

    The state union of Serbia and Montenegro (SaM) is a constitutional 
republic consisting of the relatively large Republic of Serbia and the 
much smaller Republic of Montenegro.\1\ The two republics hold most 
real authority, while the state union Government's responsibilities are 
essentially limited to the Foreign Ministry, the military (VSCG, 
formerly the VJ), human and minority rights, and foreign and domestic 
economic and commercial relations. Serbia has a parliamentary system of 
government run by Prime Minister Vojislav Kostunica. Boris Tadic was 
elected President in two rounds of elections on June 13 and June 27 
that were deemed generally free and fair. A new multiparty government 
was formed in March. The Constitution provides for an independent 
judiciary; however, the judiciary was inefficient and often subject to 
political influence and corruption.
---------------------------------------------------------------------------
    \1\ The report on Serbia and Montenegro--formerly the Federal 
Republic of Yugoslavia--is divided into three separate sections 
addressing the human rights situations in Serbia, Kosovo, and 
Montenegro. Discussion of SaM activities and institutions affecting 
human rights is included in the Serbia section.
-----------------------------------------------------------------------
    The SaM military reports through the Defense Minister to the 
Supreme Defense Council (VSO), whose voting members are the Presidents 
of SaM, Serbia, and Montenegro. The military is responsible for 
external defense. In Serbia, the police are responsible for law 
enforcement and maintenance of order as part of the Interior Ministry 
(MUP). The Security Intelligence Agency (BIA) is under the control of 
the Serbian Government as a whole, effectively giving control to the 
Prime Minister. Civilian authorities generally maintained control of 
the security forces. Some members of the security forces committed 
human rights abuses.
    The economy was in transition from a system based on social 
ownership to a market-based environment with a mix of industry, 
agriculture, and services. Exclusive of Kosovo, the population of the 
Republic of Serbia was 7.5 million, and the population of SaM was 8.2 
million. The SaM gross domestic product grew by 6 percent during the 
year. Average wages were projected to outpace inflation. Income 
distribution and economic opportunity were uneven. Poverty and 
unemployment were highest in southern and eastern Serbia and among the 
refugees from the wars in Croatia and Bosnia-Herzegovina (BiH) and 
internally displaced persons (IDPs) from Kosovo.
    The Government generally respected the human rights of its 
citizens; however, there were problems in some areas. Police at times 
beat detainees and harassed citizens. Police effectively investigated 
high-level killings committed during and after the Milosevic era; 
however, impunity and corruption were problems. Prolonged pretrial 
detention was a problem. Courts remained backlogged and 
administratively paralyzed, and lengthy trials persisted. The war 
crimes court, a department of the Belgrade District Court established 
in 2003, began hearing war crimes cases during the year. The media was 
generally independent; however, journalists practiced some self-
censorship because of their vulnerability to private libel suits and 
indirect political manipulation.
    There were incidents of arbitrary arrest and detention. The 
judiciary continued to be susceptible to political influence. Poor 
cooperation between the judiciary and other government branches slowed 
the implementation of legislative reforms.
    Two persons in Serbia indicted by the International Criminal 
Tribunal for the former Yugoslavia (ICTY) surrendered to the Tribunal. 
The Government transferred many documents to the ICTY and gave waivers 
for witnesses to testify; however, the ICTY remained dissatisfied with 
overall SaM cooperation, in particular because it believed that key 
indictee General Ratko Mladic was at large in Serbia.
    In March, there were a number of incidents of societal violence and 
discrimination against religious minorities following widespread anti-
Serb violence in Kosovo. Violence and discrimination against women and 
ethnic minorities were problems. Trafficking in women and children 
remained a problem which the Government took steps to address.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        from:
    a. Arbitrary or Unlawful Deprivation of Life.--There were no 
political killings; however, on May 15, police shot and killed an armed 
poacher along the administrative boundary line with Kosovo. Police, 
accompanied by a representative of the NATO-led Kosovo force (KFOR), 
investigated the shooting and determined that it was justified.
    The trial of the suspects in the March 2003 assassination of Prime 
Minister Djindjic was ongoing at year's end. Djindjic was allegedly 
killed by members of the Red Berets--an autonomous state security 
police unit from the era of former Federal Republic of Yugoslavia (FRY) 
President Slobodan Milosevic--in collusion with the Zemun organized 
crime clan.
    There were some developments in police investigations of political 
killings from previous years. The trial of two former police officers 
and five others (including two who remained at large) for the 2002 
killing of former Belgrade police chief Bosko Buha was dismissed in 
November for lack of evidence.
    On February 2, the retrial of former State Security Service (RDB) 
chief Radomir Markovic began for the 1999 attempted killing of Serbian 
Renewal Movement leader Vuk Draskovic, which resulted in the deaths of 
four persons. The retrial was ongoing at year's end, and Markovic 
remained in prison.
    On February 23, the trial of nine persons began for the killing of 
former Serbian President Ivan Stambolic and the 2000 attempted killing 
of Vuk Draskovic. The trial, in the Belgrade Special Court for Fighting 
Organized Crime, was ongoing at year's end.
    Domestic courts and the ICTY continued to adjudicate cases arising 
from crimes committed during the 1991-99 conflicts in Croatia, BiH, and 
Kosovo, including the ICTY prosecution of former FRY and Serbian 
President Slobodan Milosevic (see Sections 1.e. and 4).
    There were no deaths from landmines during the year.

    b. Disappearance.--There were no reports of politically motivated 
disappearances.
    During the year, SaM and Serbian Government authorities continued 
efforts to cooperate with neighboring countries and international 
organizations seeking to identify missing persons and investigating 
graves discovered in Serbia; however, progress was slow.
    During the year, the Government exhumed two sites containing 77 
bodies from the Croatia and BiH conflicts, identifying 21 of the bodies 
and returning them to families (9 within SaM and 12 to BiH). The 
Government also identified 181 bodies previously exhumed from mass 
graves dating to the Kosovo conflict and repatriated them to Kosovo. 
The Government, in cooperation with international organizations and the 
International Commission on Missing Persons, had not completed 
identification and repatriation of the additional remains by year's 
end.

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--SaM and Serbian laws prohibit such practices; however, 
police at times beat detainees and harassed citizens.
    The Leskovac-based Human Rights Committee reported that there were 
fewer reports of torture and police abuse in the Leskovac area than 
there were in 2002 and 2003, but that there was little progress in 
addressing past abuses.
    The MUP Inspector General confirmed six cases of torture by police 
during the 2003 state of emergency but stated that the perpetrators had 
not been identified.
    By year's end, the few lawsuits filed by nongovernmental 
organizations (NGOs) on behalf of individuals who claimed they were 
tortured as detainees during the 2003 state of emergency had been 
withdrawn at the victims' request because the perpetrators could not be 
identified.
    Police most often beat and physically abused persons during arrest 
or initial detention; low-level criminals were most often the victims 
of such abuse. In June, a man stopped for an identity check requested 
the name or identification number of the officer who stopped him. The 
officer reportedly then put the man in a police car and hit him 
approximately 10 times on the head. The Humanitarian Law Center (HLC) 
sent a letter about the incident to the MUP Inspector General, who said 
he had no information on the case. The MUP did not subsequently 
investigate the case.
    The Leskovac-based Human Rights Committee reported that, in one 
case, 33 persons from Belgrade were mistreated after being taken to the 
police building in Vlasotinac.
    There was one report that police threatened to have a person 
prosecuted after he said he would sue them after being mistreated. In 
another case, a man in Zrenjanin, who claimed police officers beat him 
in his cafe on January 13, filed a complaint on February 19 and then 
initiated a private prosecution on August 24 because there had been no 
response to his original complaint. The municipal prosecutor then filed 
charges against the police officers (Zoran Gogic and Dragan Bojanic) 
for mistreatment while on duty and against the cafe owner for 
interfering with an official in performance of his duty. Unlike in 
previous years, there were no reports that police used beatings or 
threats of beatings to deter detainees from filing claims of abuse on 
prior occasions.
    The public prosecutor filed charges against the three police 
officers involved in the August 2003 beating of a man each day during 
his 30-day detention; the man has also filed a private criminal 
complaint against the officers. The hearing on the man's other police 
brutality claim from 2001 was postponed because the accused officers 
did not appear.
    During the year, there were developments in cases in which police 
in previous years reportedly used beatings to coerce confessions. The 
public prosecutor, claiming that there were insufficient grounds to 
believe that the acts occurred, dismissed the criminal complaint that 
the HLC filed in 2003 against unidentified officers of the Cacak Police 
Department. The HLC complaint claimed that, in May 2003, the officers 
threatened and hit Zeljko Popovic in an attempt to coerce a confession 
of robbery. After the complaint was dismissed, the HLC pursued the case 
as a private prosecution and requested further investigation. On 
October 6, an investigating judge held a hearing on the private 
prosecution, which remained pending at year's end. In October 2003, the 
public prosecutor indicted Popovic for stealing; the case had not been 
brought to trial by year's end.
    Two Vranje policemen involved in the 2002 beating of Nenad Tasic 
were sentenced to 7 months and 5 months in prison, respectively; 
however, the court overruled the public prosecutor's decision that the 
two officers be prohibited from working as policemen in the future. The 
Supreme Court was reviewing the case at year's end. In April, the First 
Municipal Court in Belgrade ordered the Government to pay Tasic $10,000 
(600,000 dinars) in a civil compensation suit filed by the HLC. On 
November 29, the Belgrade District Court confirmed the compensation 
award.
    There were developments in the case of a Romani man, Nebojsa 
Majlic, whom Leskovac police allegedly clubbed in 2002. After the 
assault, Majlic was charged with interfering with police performance of 
duty; his trial began during the year and was ongoing at year's end. In 
2003, the Human Rights Committee filed a criminal complaint against the 
police who abused Majlic; however, at year's end, the trial of the 
police had not begun.
    Prison conditions generally met international standards; however, 
conditions varied greatly from one facility to another, and some guards 
abused prisoners. The Helsinki Committee for Human Rights in Serbia 
(HCS) noted that some prisons offered clean, secure environments for 
inmates; however, in others--most notably the Belgrade Reformatory 
Hospital housing psychiatric prisoners--inmates were forced to live in 
filthy, inhumane conditions. The quality of food varied from poor to 
minimally acceptable, and health care was often inadequate. Guards were 
inadequately trained on the proper handling of prisoners.
    There were some deaths in prison due to natural causes and 
suicides. Some inmates complained that other inmates subjected them to 
intimidation and occasional assaults. Inmates could report such 
problems to prison staff or to a district court; authorities generally 
responded by placing inmates in separate cells and at times taking 
disciplinary measures such as placing offenders in solitary 
confinement.
    Men and women were held separately. Juveniles were supposed to be 
held separately from adults; however, in practice, this did not always 
happen. Pretrial detainees were held separately from convicted 
prisoners.
    The Government permitted the International Committee of the Red 
Cross (ICRC) and local independent human rights monitors, including 
HCS, to visit prisons and to speak with prisoners without the presence 
of a warden.
    There were attacks on and threats against witnesses and potential 
witnesses in domestic prosecutions.

    d. Arbitrary Arrest or Detention.--The Constitution prohibits 
arbitrary arrest and detention, and the Government generally observed 
these prohibitions.
    The approximately 23,000 police officers in Serbia are part of the 
MUP's Sector for Public Security. The Sector is divided into seven 
directorates: uniformed police (including traffic and patrol officers), 
criminal investigations, organized crime, analysis, special operations 
units (including gendarmes and the special antiterrorist unit, or SAJ), 
human resources and training, and border police. The police are divided 
regionally into 33 secretariats. All municipal and rural units are 
branches of the republic police. Effectiveness of the police was uneven 
and generally limited. Many police personnel, including some high-level 
officials, are holdovers from the Milosevic regime. While most police 
officers were Serbs, the force included Bosniaks (Bosnian Muslims), 
ethnic Hungarians, a small number of ethnic Albanians, and other ethnic 
minorities. The Multiethnic Police Force in southern Serbia was 
composed primarily of ethnic Albanians and Serbs.
    Corruption and impunity in the police force were problems, and 
there were only limited institutional means of overseeing and 
controlling police behavior. In 2003, an Inspector General with 
enforcement authority was installed in the MUP; however, at year's end, 
he still had little ability to conduct investigations. On September 24, 
Finance Minister Mladjan Dinkic announced that several MUP officials 
would be charged with misappropriation of funds during equipment 
purchase contracting; however, no charges were filed by year's end. In 
2003, the SaM Minister for Human and Minority Rights established an 
``SOS'' hotline, which victims could contact to report on police abuse 
and other cases. The hotline had received 934 fully documented cases on 
a variety of issues by year's end. In some cases, hotline calls 
resulted in the Government resolving the caller's problem. For example, 
the Jehovah's Witnesses community called the hotline after several 
individuals entered their Kingdom Hall in Loznica on December 2 and 
demanded $1,350 (1,000 euros) per month in protection money, implying 
that the police would not interfere. The Human and Minority Rights 
Ministry brought the problem to the attention of the MUP, which called 
in the perpetrators, and the threat was not repeated. During the year, 
the Government and the Organization for Security and Cooperation in 
Europe (OSCE) trained police, including on community relations.
    According to the MUP Inspector General (IG), during the year, the 
IG recommended initiating disciplinary proceedings against 15 MUP 
employees, transferring 13 employees, reducing the pay of 34 employees, 
and referring 23 cases of illegal or improper activity for follow up by 
chiefs of regional secretariats. Chiefs of regional secretariats 
brought disciplinary proceedings against 12 employees, transferred 2 
employees, filed misdemeanor complaints against 1 employee, and 
recommended reduction of pay for 8 employees. In addition, the IG filed 
71 criminal complaints against 83 employees on charges including abuse 
of position, taking or giving bribes, forgery, corruption, fraud, 
making a false report or statement, mistreatment while on duty, causing 
serious bodily injury, causing minor bodily injury, extortion, 
unscrupulous work, revealing official secrets, mediation of 
prostitution, and unauthorized possession of a weapon.
    Courts occasionally ordered the Government to pay compensation for 
police abuses. In April, the First Municipal Court of Belgrade ordered 
the Government to pay $10,000 (600,000 dinars) in a civil compensation 
suit for the beating of Nenad Tasic (see Section 1.c.).
    Amendments to the law in May preserved the 2-year limit on 
detention from indictment to the conclusion of first instance trial for 
most cases, but increased the limit to 4 years for crimes that carry up 
to the maximum penalty (40 years in prison). The amendments also 
increased from 1 year to 2 years the maximum detention permitted after 
an appellate court vacates the judgment of a trial court. These 
amendments were brought in response to defense delaying tactics 
designed to free defendants. A person wrongfully detained could demand 
rehabilitation and compensation from the Government.
    The police were authorized to make an arrest without a judge 
authorized warrant in certain circumstances, including well-founded 
grounds of suspicion that the person committed a capital crime; 
however, arrests were generally made only with warrants. An 
investigating judge must approve any detention of more than 48 hours, 
and this requirement was employed in practice. Amendments to the law in 
May provide detainees the right to initiate urgent action by an 
investigating judge to determine the legality of their detention and to 
have the investigating judge order the detainee's release if the 
detention was found to be illegal. Arrested persons must be informed 
immediately of their rights, but there were reports that police 
officers at times failed to do so and also failed to inform detainees 
that what they said could be used against them. Bail was allowed but 
rarely used; detainees facing charges that carried possible sentences 
of less than 5 years were often released on their own recognizance.
    Detainees had access to counsel in principle; however, this right 
was sometimes not respected in practice. There were reported cases of 
police pressuring attorneys to have only limited private contact with 
defendants or contact that was not truly private. There were also cases 
in which a suspect was interrogated without an attorney present, but 
the record of the interrogation stated that an attorney was there. 
Family members were normally able to visit. No suspect could be 
detained for more than 3 months without the authorization of an 
investigating judge or detained for more than a total of 6 months 
without being charged; these rights were respected in practice. The law 
prohibits the use of force, threats, deception, and coercion, as well 
as use in court of evidence acquired by such means; however, police 
sometimes used these means to obtain statements. A suspect's attorney 
must be present during any statement to police in order for that 
statement to be admissible in court. There were no reports of 
statements made under threat or force being used in court. Unlike in 
the previous year, there were no reports of incommunicado detention.
    There was one report of police detaining a journalist for an 
``informative talk'' (see Section 2.a.).
    Prolonged pretrial detention was a problem. The law prohibits 
excessive delays by authorities in filing formal charges against 
suspects and in opening investigations; however, such delays continued 
regularly. Due to the inefficiency of the courts, cases often took an 
excessively long time to come to trial, and once started, trials often 
took an excessively long time to complete (see Section 1.e.).

    e. Denial of Fair Public Trial.--The Constitution provides for an 
independent judiciary; however, the courts remained susceptible to 
corruption and political influence.
    The courts were highly inefficient--cases could take years to be 
resolved--and there were no official channels for alternative dispute 
resolution. During the year, the Government and the judiciary made 
little progress in implementing the extensive organizational reforms 
mandated in the 2001 laws on courts, judges, and public prosecutors. 
The National Assembly passed an amendment providing for nomination of 
prosecutors by the Supreme Judicial Council--replacing nomination by 
the Government--and their confirmation by the National Assembly.
    There were reported attempts by officials to undermine politically 
sensitive prosecutions, including by applying pressure on prosecutors. 
Journalist Misa Vasic reported on a phone call in which a private 
attorney allegedly sought to persuade Zemun clan crime figure Dejan 
``Bagzi'' Milenkovic to testify falsely that the chief prosecution 
witness in the Djindjic assassination case was involved in another 
murder. In the phone call, allegedly recorded by the former head of the 
organized crime police (UBPOK), the attorney asserted that Interior 
Minister Jocic and BIA Chief Radomir ``Rade'' Bulatovic supported a 
deal in which Dejan ``Bagzi'' Milenkovic, also a defendant in the 
Djindjic assassination, would be given state witness status in exchange 
for the false testimony (see Section 2.a.). The weekly Vreme, which 
carried Vasic's report, later carried purported excerpts from the 
transcript of the phone call.
    On July 1, the SaM Council of Ministers halted all ongoing trials 
at SaM military courts until political leaders resolved questions about 
the jurisdiction and role of the military judiciary; the military 
courts remained closed the rest of the year and were scheduled to be 
disbanded as of January 1, 2005. In addition to the military court 
system, the only other SaM court, the Court of the State Union of 
Serbia and Montenegro, was established with the appointment of judges 
in May and June. The court is responsible for coordinating 
jurisprudence in the state union, resolving jurisdictional disputes 
between Serbian and Montenegrin institutions, ruling on petitions 
brought by citizens who claimed violation of rights guaranteed by the 
SaM Constitutional Charter, and settling disputes that SaM's joint 
customs office is unable to resolve. The court was fully established 
during the year, but no cases were brought before it.
    The Serbian court system is made up of municipal and district 
courts, the Supreme Court, and the Constitutional Court. Special courts 
for war crimes and organized crime were established within the Belgrade 
District Court. The Constitutional Court rules on the constitutionality 
of laws and regulations and relies on the authorities to enforce its 
rulings. The law mandates the establishment of an administrative 
appeals court and a second instance appeals court to lighten the burden 
of the Supreme Court; however, during the year, the National Assembly 
postponed their establishment until 2007 because preparatory work for 
the courts had not been done.
    The High Judicial Council, staffed by Supreme Court justices, 
nominates judges for approval by the National Assembly. The High 
Personnel Council disciplines and, with the National Assembly's 
concurrence, dismisses judges; however, there were no dismissals during 
the year.
    The Judges' Training Center organized educational programs offered 
throughout the country. International organizations and local NGOs, 
including the HLC and the Belgrade Center for Human Rights (BCHR), also 
conducted training for judges during the year.
    Trials are generally public, but they are closed during testimony 
of a state witness (defendants against whom charges were dropped or not 
filed in exchange for testimony). There are no juries. The law provides 
that defendants are presumed innocent and have the right to have an 
attorney represent them at public expense, if needed, and to be present 
at their trials. The courts also must provide interpreters, if 
required. Both the defense and the prosecution have the right to appeal 
a verdict. Defendants have the right to access government-held evidence 
and question witnesses. All these rights were generally respected in 
practice.
    Deputy Public Prosecutor Milan Sarajlic, who was charged with 
accepting payments from the Zemun organized crime clan, was released 
from jail due to poor health. During the year, it was determined that 
he was not mentally fit to stand trial, and no trial was scheduled.
    On March 9, the Special War Crimes Court opened with its first 
trial (the Vukovar/Ovcara case; see below); the Court provides the same 
rights to defendants as do regular courts.
    There was a semi-independent War Crimes Prosecutor--appointed by 
the National Assembly--and a small War Crimes Investigative Service 
within UBPOK, as well as specialized court chambers and a dedicated 
detention unit for the War Crimes Court.
    On March 17, Aleksandar ``Sasa'' Cvjetan was sentenced to 20 years 
in prison for killing 19 ethnic Albanians in Kosovo in 1999. In 
December, the Supreme Court ordered a retrial to establish certain 
questions of fact and procedure, including whether Cvjetan's attorney 
was present during the defendant's confession.
    In September, the Supreme Court overturned the 2003 convictions of 
four people in the Sjeverin war crime case because the trial did not 
specify which defendants committed which criminal acts. The Supreme 
Court ordered a retrial, which had not begun by year's end.
    The ICTY transferred two lower level figures involved in the 
Vukovar massacre (also known as the Ovcara case) for government 
prosecution. Serbia's Special Prosecutor for War Crimes greatly 
expanded the investigation beyond information provided by the ICTY and, 
in January, indicted eight persons. On March 9, the trial of six of the 
indictees began, the first trial to be held in the Special War Crimes 
Court. Indictments against another 12 persons were added in May. Two 
indictees became state witnesses and another died when he jumped from a 
window while attempting to escape, leaving 17 persons on trial. The 
trial was ongoing at year's end.
    During the year, trials in absentia began for Milorad ``Legija'' 
Ulemek and Dejan ``Bagzi'' Milenkovic for the Djindjic assassination; 
however, Ulemek surrendered before the trial was completed. SAJ squad 
member Dejan Demirovic was being tried in absentia for participating in 
the killing of 19 ethnic Albanians in Podujevo, Kosovo, in 1999. The 
trials were not completed at year's end, and no issues of defendants' 
rights arose.
    There were no reports of political prisoners.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The Constitution prohibits such actions; however, the 
Government at times infringed upon these rights in practice. The law 
requires the MUP to seek a court order before monitoring potential 
criminal activity and requires that police must only enter premises 
with a warrant, except to ``save people and property''; however, 
occasionally police did not respect these provisions in practice.
    Most observers believed that the authorities selectively monitored 
communications and eavesdropped on conversations, read mail and e-mail, 
and wiretapped telephones.
    The Government did not fulfill its promise to open to the public 
all secret files on persons collected under former regimes. The few 
files actually delivered to individuals who requested them had been 
cleansed of documents that might have contained sensitive reporting on 
the individuals. One individual who received a file was warned that he 
would be charged with revealing government secrets if he made the file 
public.
    Unlike in the previous year, there were no evictions of Roma from 
squatter settlements.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and of the Press.--SaM and Serbian law provide 
for freedom of speech and of the press; however, although the media 
frequently criticized the Government without reprisal, implied 
political pressure from various sources, an uncertain regulatory 
environment, and vulnerability to libel suits placed constraints on 
free expression by journalists, editors, and other members of the 
media. Unlike in the previous year, there were no reports of pressure 
on the media by senior government officials.
    The country had a mixture of privately owned and fully or partially 
government-owned media outlets. The Government published the daily 
Borba and owned one of the most important printing houses in the 
country, also named Borba. The oldest nationwide daily, Politika, was 
co-owned by German media giant WAS and the Government, but run by 
several shareholding companies.
    The Government funded a Hungarian language newspaper, and state 
owned media outlet Radio-Television Serbia (RTS) provided some 
Hungarian language programming. Radio stations owned by municipal 
governments also provided minority-language programming. Tanjug was a 
state-owned news agency that many television stations relied on for 
news information.
    State-controlled RTS was a major presence in television and radio. 
Aside from the three RTS channels, the Government had considerable 
influence, although not formal control, over some other major 
television stations, including TV Politika and TV Novi Sad, as well as 
Radio Belgrade's three stations. RTS's coverage was generally 
objective; however, there occasionally appeared to be a slight bias 
toward the Government. Management personnel could be politically 
influenced, since the Government appointed editors-in-chief. On March 
18, the Government replaced RTS Director General Aleksandar Crkvenjakov 
with government loyalist Aleksandar Tijanic. Minister of Culture and 
Information Dragan Kojadinovic claimed that Crkvenjakov was removed for 
inadequate coverage of the March outbreak of anti-Serb violence in 
Kosovo; however, the media reported Tijanic's upcoming appointment 
several days before the escalation of violence in Kosovo. The RTS Board 
of Governors resigned in protest of Tijanic's appointment.
    Two major private TV stations, BK and TV Pink, have shown editorial 
bias in favor of the Government. After the Government in 2002 granted 
RTV B-92 a temporary license to broadcast republicwide pending the 
final allocation of frequencies, the media outlet set up new 
transmitters to make itself a national channel that could compete with 
TV Pink and BK. Unlike in the previous year, editor-in-chief of RTV B-
92 Veran Matic did not report receiving any further warnings from 
officials that his media outlet would not receive radio or television 
frequencies if it did not change its reporting. Approximately 300 
television stations and 700 radio stations that operated independently 
operated under temporary licenses or without any legal basis.
    On October 8, the Association of Independent Electronic Media 
(ANEM) protested the decision of Trstenik Municipal Council to donate 
ownership of Television Trstenik--part of the local public company RTV 
Trstenik--to the Serbian Orthodox Church. ANEM claimed that this move, 
which was cancelled during the year, violated the provisions of the law 
on privatization of broadcasters.
    Radio stations owned or organized by municipalities pressured local 
journalists not to report on municipal government problems.
    There was one instance of police calling in a journalist for an 
``informative talk.'' In October, UBPOK called in journalist Misa Vasic 
for an informative talk at the request of the Belgrade District Public 
Prosecutor. Vasic was called in after he wrote about a phone call in 
which a private attorney reportedly offered a defendant state witness 
status in the Djindjic assassination case in exchange for false 
testimony. In the call, the attorney allegedly asserted that two senior 
government officials supported the deal (see Section 1.e.).
    Hrvatske Rijeci, a magazine for the Croatian minority, received 
five threatening phone calls with anti-Croatian content between January 
13 and 14.
    On March 27, a RTV B-92 news team discovered a bomb under its van, 
which had been parked in the southern Serbian town of Raska while the 
team was in Kosovo reporting on a surge of violence against Serbs. 
Police did not identify the perpetrators, and the investigation 
appeared to be inactive at year's end.
    The law creates a regulatory framework designed to foster free and 
independent media and mandates formation of an independent Broadcast 
Council to transform RTS into a public broadcasting service and to 
allot radio and TV frequencies; however, the law had not been 
implemented by year's end. Some observers believed that the continued 
lack of clear guidelines created an atmosphere unfriendly to free 
expression. Some media outlets clearly attempted to curry favor with 
the Government in hopes of receiving favorable treatment once new media 
reform laws are fully implemented.
    Libel remained a criminal offense. Although no suits were filed by 
the Government, the low threshold defining libel enabled individual 
government officials, as well as former members of the Milosevic 
regime, to win private cases against media outlets that criticized 
them. Libel can result in jail terms, and courts have the power to 
issue ``conditional sentences'' that silence offending journalists with 
the threat that any further offense will lead to immediate 
imprisonment. On March 16, a Sabac city court convicted Radio Free 
Europe/Radio Liberty correspondent Hanibal Kovac of criminal defamation 
and gave him a 2-month suspended prison sentence for a September 2003 
report accusing Cedomir Vasiljevic, a senior official in the Serbian 
Radical Party (SRS) and former Serbian Government minister during the 
Milosevic regime, of participating in the violent takeover of an 
administrative building in 1999. In May, journalist Ljiljana Jokic 
Kaspar was sentenced to 6 months in prison, with the sentence suspended 
for 2 years, for reporting that Miroslav Savic had served in the 
reserve complement of the Red Berets, which, after Savic's reported 
service, was implicated in the 2003 killing of Prime Minister Djindjic.
    At year's end, the prosecutor had taken no action on the 2003 
defamation lawsuits filed by then MUP Minister Dusan Mihajlovic against 
Dinkic and Barac. The 2003 libel suits filed by then Government 
communications director Vladimir ``Beba'' Popovic against NIN, Vreme, 
and RTV B-92 were thrown out during the year. In June, Democratic Party 
member Radisav Ljubisavljevic withdrew his 2002 libel suit against RTV 
B-92.
    According to the HLC and the BCHR, journalists sometimes practiced 
self-censorship because of possible libel suits and fear of offending 
public opinion, particularly on subjects relating to wars in the former 
Yugoslavia.
    Unlike in the previous year, the Government did not prohibit any 
television or radio stations or newspapers. However, the Government did 
prohibit the distribution of the book ``Military Secrets'' on the 
grounds it revealed military secrets. On March 26, Military Police 
officers seized the remaining 251 copies of the book despite a Military 
Police warrant which only authorized them to take 1 copy of the book.
    The Government did not restrict access to the Internet; however, 
there were reports that the Government selectively monitored e-mail 
correspondence (see Section 1.f.).
    The Government did not restrict academic freedom. The Government 
reversed attempts by the Education Minister to restrict course content 
and to replace academic personnel based on political considerations. On 
September 16, the Education Minister was forced to resign. Svetlana 
Djordjevic, the author of a book enumerating human rights abuses she 
witnessed Serbian government and military officers commit in Kosovo in 
1999, received a series of threats beginning in 2003, after publication 
of her book. Some of the threats contained symbols associated with the 
Red Berets and its former leader, Milorad Ulemek, on trial for the 
assassination of Prime Minister Djindjic and other crimes.

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

    c. Freedom of Religion.--The SaM and Serbian constitutions and laws 
provide for freedom of religion, and the state union and republic 
Governments generally respected this right in practice. There is no 
state religion in SaM; however, the Serbian Orthodox Church received 
some preferential treatment, including funding for construction of a 
large church in Belgrade. The armed forces continued to offer only 
Serbian Orthodox services; however, members of other faiths may attend 
religious services outside their posts.
    While there is no formal registration requirement for religious 
groups, any group planning to hold gatherings is required to register 
with local police. Religious groups also could register as citizen 
groups with the MUP to gain the status of juridical person necessary 
for real estate and other administrative transactions.
    The Belgrade Islamic community reported continued difficulties in 
acquiring land and government approval for an Islamic cemetery in the 
city.
    The Supreme Court ruled against a tent church used by the 
Protestant Evangelical Roma Church in its long-running dispute with the 
southern town of Leskovac, in which the tent church was singled out 
from among 463 illegal structures in the area for demolition. On April 
30, building inspectors, police, and a demolition team arrived to 
demolish the church; however, worshippers prevented the demolition, and 
the city agreed to allow relocation of the church. At year's end, 
church leaders and city officials were working on details of the 
agreement.
    Religious education in primary and secondary schools continued 
during the year. Students are required either to attend classes from 
one of the seven ``traditional religious communities'' or to substitute 
a class in civic education. The proportion of students registering for 
religious education grew during the year and caught up with the 
proportion of students choosing the civic education option. Some 
Protestant leaders and NGOs continued to object to teaching religion in 
public schools and to proposals to classify some of the Republic's 
religions as traditional.
    There was no progress noted during the year on restitution of 
previously seized religious property.
    Representatives of the Union of Jewish Communities of SaM reported 
an increase in anti-Semitism. There were no reports of physical 
violence against Jewish persons; however, there was anti-Semitic 
graffiti and vandalism at a few Jewish cemeteries. According to 
representatives of the Union of Jewish Communities of SaM, anti-Semitic 
hate speech often appeared in small circulation books. The release of 
new books (or reprints of translations of anti-Semitic foreign 
literature) often led to a spike in hate mail and other expressions of 
anti-Semitism.
    There have been a number of continuations in the Savic case, in 
which an author of anti-Semitic literature was tried for spreading 
racial/national hatred. The latest continuance, granted in 2003 due to 
the reported ill health of the defendant, was ongoing at year's end.
    Religion and ethnicity are closely related in SaM; in many cases, 
it was difficult to identify discriminatory acts as being either 
primarily religious or primarily ethnic in motivation (see Section 5). 
Minority religious communities reported continued problems with 
vandalism of church buildings, cemeteries, and other religious 
premises. Many of the attacks involved spray-painted graffiti, rock 
throwing, or the defacing of tombstones; however, a few cases involved 
much more extensive damage. The police response was often inadequate.
    After the December 2003 parliamentary elections--in which the SRS 
took a plurality of seats--there was an upsurge in vandalism and 
violence against minority ethnic and religious groups in the northern 
Serbian province of Vojvodina (see Section 5). Among the incidents that 
targeted religious sites or adherents were: The January 19 desecration 
of a Hungarian Catholic cemetery in Novi Sad; the January 19 
desecration of a Reformist church in Sombor; the January 24 desecration 
of a Croatian Catholic cemetery in Subotica; the desecration of another 
Subotica graveyard, where Croats and Bunjevci (both Catholic groups) 
are buried, on the night of March 26-27; the desecration of 21 
gravestones in the Catholic and Orthodox graveyard in Novi Becej 
between May 1 and 2; and an attack in Novi Sad on two Christian 
Adventist ministers. In this last incident, police had not arrested the 
perpetrators or filed a criminal complaint by year's end, although the 
identity of the attackers was known. In this incident and in most 
cases, police tried to minimize their seriousness, attributing them to 
drunk individuals and youths without performing thorough 
investigations.
    In reaction to widespread violence by ethnic Albanians against 
Serbs and their personal and religious property in Kosovo on March 17, 
there were protests and violence in Serbia beginning on the night of 
March 17-18, including violence against Muslim religious sites 
belonging primarily to the Bosniak and Romani communities.
    During the night of March 17-18, the Belgrade mosque was looted and 
set on fire by 300 to 500 youths, reportedly mostly from Belgrade's 
sports clubs, who went to the mosque after demonstrating in front of 
the Serbian Government building. Government and political leaders 
condemned the attack, and the Interior Minister fired the police 
commander of the Stari Grad municipality (within Belgrade), where the 
mosque is located, for inadequate police response. Police arrested 110 
persons for the attack. After a radio station carried the home address 
of a Muslim boy who was injured when he fell from the roof of the 
mosque, an explosive device was thrown at his house.
    The same night as the attack on the Belgrade mosque, the mosque in 
the southern Serbian city of Nis was destroyed by arson. Thousands of 
rioters surrounded the building to prevent police and firefighters from 
entering it. Eleven persons were charged in the attack with ``joining 
together for violent activity,'' which carries a sentence of up to 5 
years in prison.
    Attacks also took place against Muslim property in Serbia's 
northern province of Vojvodina in reaction to the Kosovo events. HCS 
noted 40 attacks between March 17 and 21 against property owned by 
Albanian and Bosniak Muslims in Vojvodina. Also, in the western Serbian 
town of Mali Zvornik, attackers broke mosque windows with stones on 
March 20.
    There was also an attack against at least one non-Muslim religious 
site, apparently in reaction to the events in Kosovo. On the evening of 
March 18, a Protestant Bible Cultural Center in Nis was burned by a mob 
of 30 that threw Molotov cocktails; police, who appeared to be trying 
to minimize the incident, did not identify any suspects or make any 
arrests by year's end.
    There were no developments during the year in the 2003 criminal 
complaint filed by the HLC against Momir Vujic for abusing his Muslim 
neighbor on ethnic grounds for 3 years.
    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 conflicts that occurred in Bosnia, Croatia, and Kosovo led to 
widespread displacement of persons. There were approximately 216,000 
internally displaced persons (IDPs) from Kosovo in Serbia, mainly 
Serbs, Roma, and Bosniaks.
    During the March anti-Serb violence in Kosovo, more than 350 
persons--mostly Serbs, but also Ashkali and Roma--left Kosovo for 
Serbia. About half of these IDPs later returned to ethnic enclaves in 
Kosovo, not necessarily to their own homes. Most Serb IDPs from Kosovo 
rented inadequate lodgings or were housed with host families or 
relatives in Serbia proper; however, approximately 9,000 remained in 
collective centers that foreign observers found to be inadequate for 
any purpose other than emergency shelter.
    During the year, the ICRC ceased supporting IDPs because the 
Government was not screening them and assuming responsibility for 
assisting those in need at the agreed rate. The Government continued to 
pay salaries to IDPs who were in the Kosovo Government before June 
1999. The Government did not forcibly return IDPs or resettle them 
under dangerous conditions. There were government efforts to promote 
voluntary and safe return or resettlement by IDPs.
    Serbia agreed to take in tens of thousands of Roma from Kosovo who 
fled to several West European countries. The UNHCR estimated that there 
were 40,000 to 45,000 displaced Roma living in Serbia proper, as many 
Kosovar Roma were perceived as Serb collaborators during the Kosovo 
conflict and so could not safely return there. Living conditions for 
Roma in Serbia were extremely poor. Local municipalities often were 
reluctant to accommodate them, hoping that, if they failed to provide 
shelter, the Roma would not remain in the community (see Section 5). If 
Roma did settle, it was often in official collective centers with 
minimum amenities or, more often, in makeshift camps in or near major 
cities or towns.
    The HLC reported that the Government did not allow some Kosovo IDPs 
to redesignate their official places of residence; this deprived them 
of health insurance, social welfare, and normal access to schools. The 
Nis Council for Human Rights reported that the approximately 20,000 
refugees and IDPs in the Nis area suffered from ``quiet 
discrimination'' in areas such as housing and employment.
    The Constitution prohibits forced exile, and the Government did not 
employ it.
    The SaM and Serbian Constitutions provide for the granting of 
asylum (at the SaM level) or refugee status (at the Republic level) 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. 
The Government also provided temporary protection to individuals who 
may not qualify as refugees under the 1951 Convention/1967 Protocol.
    In 2003, Bosnian and SaM authorities signed an agreement and 
protocol on the return of refugees; however, the agreement had not been 
implemented by year's end. The UNHCR, OSCE, and the European Union also 
helped institute a trilateral approach to refugee returns during the 
year, bringing together SaM, BiH, and Croatia.
    There were approximately 282,000 refugees in Serbia from other 
successor nations of the Socialist Federal Republic of Yugoslavia. Of 
these, most were from Croatia (188,000) and BiH (99,000). During the 
year, the UNHCR opened an office at the Belgrade airport to assist 
asylum seekers arriving from abroad. Although progress slowed during 
the year, the Government, with the support of the UNHCR, continued 
working to close remaining collective centers housing refugees from BiH 
and Croatia by setting qualifications to remain housed in collective 
centers and seeking alternate housing for others.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The SaM Constitutional Charter 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. SaM and the Serbian Republic each have a 
parliamentary system of government. On December 22, the Serbian 
National Assembly, in accordance with the SaM Constitutional Charter, 
amended Serbian election law to provide for direct election of its 
representatives to the SaM Parliament; previously, the Serbian 
Government had appointed its members. In SaM, the SaM Parliament elects 
the SaM President; in Serbia, the President is elected by direct vote.
    On June 13 and June 27, Boris Tadic of the Democratic Party (DS) 
was elected President of Serbia in a two-round election. The OSCE 
observation mission reported that international and domestic 
nonpartisan observers were generally satisfied with polling procedures, 
although some minor irregularities were recorded. The media provided 
voters with broad and balanced coverage of the campaign.
    The OSCE observation mission to the December 2003 elections for the 
National Assembly (parliament) of the Republic of Serbia reported the 
elections were conducted generally in line with OSCE commitments. 
Broadcast and print media provided extensive and largely balanced 
coverage of the campaign, and state media generally complied with laws 
and regulations. The lists of four parties or coalitions included 
persons indicted for war crimes. The SRS--whose leader Vojislav Seselj 
faces war crimes charges before the ICTY--won a plurality (82 of 250 
seats); however, democratic parties together controlled more than half 
of the seats. On March 3, a minority coalition of democratic parties 
formed a government with outside support from the Socialist Party of 
Serbia (SPS).
    There was significant corruption in the executive branch of 
government. On September 24, Finance Minister Mladjan Dinkic announced 
that several MUP officials would be charged with misappropriation of 
funds during equipment purchase contracting; however, no charges had 
been filed by year's end. There was also a widespread public perception 
of corruption in local governments. The Government's Anticorruption 
Council, an advisory body, focused primarily on corruption related to 
privatization.
    On November 2, the National Assembly passed the Law on Free Access 
to Information of Public Importance. The Law provides for access to 
information of ``legitimate public importance'' (with many exceptions) 
and establishes an independent Commissioner for Information of Public 
Importance, selected by the National Assembly, to handle appeals when 
Government agencies reject requests for information. At year's end, the 
Law was in the early stages of implementation. Transparency 
International's efforts to get information using the new Law have had 
poor results.
    There were 13 women in the 126-seat SaM Parliament and 23 women in 
the 250-seat Serbian National Assembly. There was one woman in the 16-
member Serbian Cabinet. Women were very active in political 
organizations; however, they held less than 10 percent of ministerial-
level and parliamentary positions in the Serbian and SaM Governments.
    There were 7 members of minorities in the 126-seat SaM Parliament 
and 11 members of minorities in the 250-seat Serbian National Assembly. 
There were no members of minorities in the 16-member Serbian cabinet 
and 1 member in the 5-member SaM cabinet. The two largest ethnic 
groups, Serbs and Montenegrins, dominated the country's political 
leadership. In March, the law was amended to exempt ethnically based 
parties from the 5 percent threshold required to enter the National 
Assembly. Roma continued their historical pattern of low voter turnout; 
very few ethnic Albanians participated in republic-level elections 
during the year, but did participate in local elections in Presevo.
    In Vojvodina, the Hungarian minority constituted approximately 15 
percent of the population, and many regional political offices were 
held by ethnic Hungarians. In the Sandzak, Bosniaks controlled the 
municipal governments of Novi Pazar, Tutin, and Sjenica, and 
Prijepolje.
    Ethnic groups have established 11 minority councils.
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 often were cooperative and responsive to their 
views.
    The Government was generally unfriendly toward several human rights 
NGOs, although it did not interfere with them. For example, police 
failed to respond adequately when HLC head Natasa Kandic was threatened 
by an angry crowd in March; HLC's reporting on war crimes and other 
issues has earned it the Government's disfavor.
    The SaM and Serbian Governments made little progress in their 
cooperation with the ICTY. The ICTY remained dissatisfied with overall 
SaM cooperation, in particular because it believed that key indictee 
General Ratko Mladic was at large in Serbia. Serbian authorities 
claimed that they searched for Mladic during the year but were unable 
to locate him and did not believe he was in Serbia.
    Two ICTY indictees in Serbia surrendered to the Tribunal; however, 
approximately 16 ICTY indictees with ties to the country remained at 
large, including key indictee Radko Mladic. The ICTY claimed that 
Government authorities warned Goran Hadzic, the only Serbian national 
indicted during the year, of a secret indictment against him in order 
to enable him to flee and avoid arrest. Hadzic's whereabouts remained 
unknown at year's end.
    SaM and Serbian Governments have made progress in compliance with 
document requests from the ICTY and in facilitation of the testimony of 
witnesses. SaM's National Cooperation Council (NCC) transferred 
hundreds of pages of documents to the ICTY's Office of the Prosecutor 
during the year; however, a number of requests from the ICTY remained 
outstanding at year's end. At year's end, the NCC had enabled the 
testimony of 62 witnesses through the granting of waivers that freed 
potential witnesses from local prosecution under state secrets laws.
    During the year, domestic war crimes indictments and trials 
continued in Serbia (see Section 1.e.).
    There was no autonomous human rights ombudsman at either the SaM or 
the republic level; however, Vojvodina Province has an ombudsman, who 
operated independently during the year. The office of the Vojvodina 
ombudsman made assessments and recommendations during the year 
concerning the rights of minorities, the rights of the child, gender 
equality and prisons. Over the 12-month period starting in November 
2003, the ombudsman's office received 265 written complaints from 
citizens, of which it resolved 188, according to the ombudsman's annual 
report.
    There is one government-controlled human rights entity, the Legal 
Aid Office of the SaM Ministry for Human and Minority Rights, which 
assisted citizens with human rights complaints.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    SaM and Serbian laws provide for equal rights for all citizens, 
regardless of ethnic group, language, or social status, and prohibit 
discrimination against women; however, discrimination against women and 
ethnic minorities was a problem.

    Women.--Violence against women was a problem, and high levels of 
domestic violence persisted. Domestic violence is a crime punishable by 
a prison sentence of from 6 months to 10 years, depending on the 
seriousness of the offense, and a minimum of 10 years if death results. 
By one estimate, half of all women suffered physical or emotional 
abuse. The few official agencies dedicated to coping with family 
violence had inadequate resources; however, public recognition of the 
problem has increased. Spousal rape is a criminal offense; however, few 
victims filed complaints with the authorities. Victim accusations are 
not required for prosecution of domestic violence cases, and 
prosecutions of such cases did occur during the year. According to a 
victims' rights advocate, police response to domestic violence has 
improved markedly; a number of police officers provided assistance to 
female victims of violence and detained offenders to protect victims.
    Rape was a problem. Rape, including spousal rape, is punishable by 
1 year to the legal maximum sentence (currently 40 years' imprisonment) 
for a simple case, a minimum of 3 years for an aggravated case, and a 
minimum of 5 years if death results or the victim is a minor. Only a 
small proportion of rapes are reported because victims fear that they 
will not be protected, that their attackers may take revenge, or that 
they will be humiliated in court.
    The Center for Autonomous Women's Rights in Belgrade offered a rape 
and spousal abuse hotline, and sponsored a number of self help groups. 
The Center also offered assistance to refugee women (mostly Serb), many 
of who experienced extreme abuse or rape during the conflicts in the 
former Yugoslavia. The Counseling Center Against Family Violence 
operated a domestic violence shelter partly funded by the Government.
    Prostitution is illegal.
    Trafficking in women for the purpose of sexual exploitation 
remained a problem (see Section 5, Trafficking).
    Sexual harassment was a problem, but there was little awareness of 
the issue. It is a crime punishable by a fine or up to 6 months' 
imprisonment for a simple case and by up to 1 year's imprisonment for 
abuse of a subordinate or dependent. While women's social status was 
not equal to men's, women served in high-level positions in government, 
politics, and professional occupations, though they were not well 
represented in commerce. In urban areas, such as Belgrade, Nis, and 
Novi Sad, women were represented widely in many professions including 
law, academia, and medicine. Women were also active in journalism, 
politics, and human rights organizations. Since regulations now allow 
women to serve as police officers, the police hired increasing numbers 
of women officers. Women legally were entitled to equal pay for equal 
work; however, according to the International Helsinki Federation for 
Human Rights, women's average wage was 11 percent lower than the 
average wage of men.
    Traditional patriarchal ideas of gender roles, particularly in 
rural areas, subjected women to discrimination in many homes. In remote 
rural areas, particularly among some minority communities, women 
effectively lacked the ability to exercise their right to control 
property. In rural areas and some minority communities, it was common 
for husbands to direct the voting of wives.
    During the year, the Government established the Council for Gender 
Equality, but it was still being constituted at year's end. There is 
also a parliamentary committee for gender equality. The Vojvodina 
Government has a Secretariat for Labor, Employment, and Gender 
Equality.

    Children.--The Government was committed to the rights and welfare 
of children. The educational system provided 9 years of free, mandatory 
schooling. However, economic distress affected children adversely in 
the education system, particularly Romani children, who rarely attended 
kindergarten. Approximately 99.8 percent of children attended school, 
according to one Government survey; however, the Government 
acknowledged that many transient Roma were missed by the survey. During 
the year, 48 elementary and secondary schools offered weekly Romani 
language and culture classes, in which 1,336 students participated.
    Free medical care was available in Government clinics, including 
free medicines from a limited list of covered drugs. Boys and girls had 
equal access to medical care.
    It was estimated that approximately 30 percent of children were 
abused. While teachers were instructed to report suspected child abuse 
cases, they often did not do so. Police were generally responsive to 
complaints, and prosecutions of child abuse cases occurred during the 
year. Psychological and legal assistance was available for victims, and 
there was an incest trauma center. Also, victims who were with their 
mothers could stay in the domestic violence shelter.
    Trafficking of children for the purpose of sexual exploitation 
remained a problem (see Section 5, Trafficking). Some Romani children 
were trafficked within the Romani community in Serbia and to other Roma 
abroad to be used in begging and theft rings.
    UNICEF worked with eight local NGOs to promote children's rights. A 
ninth NGO, Beosupport, led the working group for combating trafficking 
in children, a subgroup of the Serbian Antitrafficking Team. The 
project ``Living Together'' is a joint effort of seven local NGOs, 
coordinated by the Child Rights Center Belgrade, that focused on 
encouraging youth of different backgrounds to overcome barriers to 
living together peacefully.

    Trafficking in Persons.--The law prohibits trafficking in persons; 
however, trafficking in persons remained a problem. The penalty for 
trafficking is imprisonment of 1 to 10 years for a single offense, 3 to 
40 years for multiple offenses, and 5 to 40 years if a minor is 
involved or if a victim is killed.
    The Government prosecuted trafficking cases during the year; 
however, sentences issued tended to be lenient. There were at least six 
trials of traffickers, mostly with multiple defendants, ongoing or 
completed by October 15; however, poor tracking of cases begun prior to 
the year made it difficult to determine the actual total. On August 30, 
the trial of 10 persons began in the Belgrade Special Court for 
Fighting Organized Crime; the defendants were charged with criminal 
conspiracy and trafficking of women from Serbia to Italy, where the 
women were forced into prostitution. The trial was ongoing at year's 
end. One trial, which began in 2003 on trafficking-related charges 
against the organizer of a trafficking ring and 12 accomplices, 
resulted in all 13 defendants being convicted; the maximum sentence, 
issued to the organizer, was to 3 years in prison. The convictions were 
being appealed at year's end.
    During the year, police filed 24 criminal complaints for 
trafficking against 51 persons. By year's end, two of these criminal 
complaints had resulted in six individuals being sentenced to between 2 
and 3 years in prison. Another 4 of the cases resulted in indictments, 
15 were under investigation by the judiciary, and 3 cases were rejected 
by the judiciary.
    The Serbian Antitrafficking Team, led by Serbian Antitrafficking 
Coordinator Dusan Zlokas (Chief of the Border Police), incorporated 
government agencies, NGOs, and international organizations. Government 
participants are the Supreme Court, Public Prosecutors Office, Interpol 
Belgrade, the MUP, the Ministry of Labor, Employment and Social Issues, 
the Ministry of Education, the Ministry of Justice, the Ministry of 
Finance and Economy, the Ministry of Health, the Ministry of Foreign 
Affairs (SaM level), and the Ministry of Human and Minority Rights (SaM 
level). During the year, the Serbian Antitrafficking Team added a focus 
on child trafficking to its mandate. The Government assisted in 
international investigations of human trafficking and participated in a 
regional antitrafficking operation.
    The country was a transit country, and to a lesser extent a country 
of origin and a destination country, for trafficking in women and girls 
for the purpose of sexual exploitation. Serbia was primarily a transit 
country for internationally trafficked women going to Kosovo, Croatia, 
BiH, Albania, and Western Europe. The primary source countries for 
trafficking in persons were Moldova, Ukraine, Romania, Russia, and 
Bulgaria. According to an NGO study published during the year, there 
were at least 2,000 trafficking victims in or who passed through 
Serbia, including women trafficked for sexual exploitation, children in 
begging rings, and exploited seasonal agricultural laborers.
    According to preliminary results of a study by the International 
Organization for Migration (IOM), the Government, NGOs, or 
international organizations assisted 39 foreign trafficking victims 
(including 8 minors) in Serbia during the year, while about 15 Serbian 
victims (including 7 minors) had been assisted in SaM or elsewhere in 
the region. The study found more victims of labor exploitation than of 
sexual exploitation among foreign victims; the balance was not clear 
for Serbian victims. The 24 trafficking complaints police filed during 
the year involved 35 victims, including 22 minors. Of these minors, 13 
(12 females and 1 male) were sexually exploited, 8 (4 males and 4 
females), were used for begging, and 1 was forced into marriage. Eight 
of the 22 minors were Roma (6 used for begging, 2 for sexual 
exploitation). Only one minor victim was a foreigner (Bulgarian). All 
adult victims were female: 10 from SaM, 2 from Ukraine, and 1 from 
Romania.
    Serbia did not traditionally serve as a major source country for 
trafficked women, but poor economic conditions have increased Serbian 
women's vulnerability to traffickers, particularly for Roma. 
Trafficking of children by Roma for use in begging or theft rings was a 
problem.
    Recruitment enticements included advertisements for escorts, 
marriage offers, and offers of employment. Often women knowingly went 
to work as prostitutes and later became trafficking victims. Women were 
recruited, transported, sold, and controlled by international organized 
crime networks. The main points in Serbia for holding and transferring 
trafficked women were the Belgrade suburbs and Pancevo.
    There were no reports of government officials condoning or 
participating in trafficking in Serbia. During the year, one police 
officer was indicted for facilitating prostitution; he was suspended 
and awaiting trial at year's end.
    During the year, the government Agency for Coordination of 
Protection to Victims was established to ensure the correct 
identification of victims and their subsequent referral to assistance 
providers. A second trafficking shelter was established during the year 
exclusively for domestic victims, leaving the original shelter, run by 
the Counseling Center Against Family Violence, to assist foreign 
victims. The antitrafficking NGO Astra ran a hotline for trafficking 
victims. NGOs and volunteers provided legal, medical, psychological, 
and other assistance to victims. The IOM managed repatriation of 
victims and assisted in the reintegration of local victims. It also ran 
a regional clearing center for information on trafficking victims, 
which operated in government-donated offices in Belgrade. During the 
year, the MUP formalized temporary residence for victims; in the past, 
this had been handled unofficially. Authorities encouraged victims to 
participate in trials of traffickers and did not prosecute victims.
    There were numerous public awareness efforts, including broadcast 
of a locally produced trafficking documentary, education for teens and 
orphans held at the 150 government social work centers, broadcast of a 
U.N.-provided antitrafficking public service announcement, introduction 
of antitrafficking education into the curriculum for high school 
students, and many local television and radio spots.

    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, in 
practice, facilities for persons with mental or physical disabilities 
were inadequate, and addressing this problem was not a priority for the 
Government. There were specialized schools for persons with 
disabilities, but no special facilities or assistance was available for 
higher education. A high unemployment rate and lack of accommodations 
for persons with disabilities made employment difficult. The law 
mandates access for persons with disabilities to new public buildings, 
and the Government generally enforced this provision in practice. As 
sidewalks were replaced, the Government installed wheelchair ramps at 
intersections. The Government provided mobile voting for voters unable 
to come to polling stations due to disability or illness.
    There is a government agency for assistance to war veterans with 
disabilities; however, there was no general assistance office for those 
with disabilities.

    National/Racial/Ethnic Minorities.--Minorities constituted 25 to 30 
percent of Serbia's population and included Hungarians, Bosniaks, Roma, 
Slovaks, Romanians, Vlachs, Bulgarians, Croats, Albanians, and others.
    The number of antiminority incidents in Serbia's northern province 
of Vojvodina increased markedly after the SRS won a plurality of votes 
in Serbian parliamentary elections in December 2003. While the 
incidents consisted mainly of vandalism targeting cemeteries, homes, 
churches, and cultural sites, there were also death threats and 
assaults (see Section 2.c.). For example, on April 9, Bela Csorba, Vice 
President of the Hungarian Democratic Party of Vojvodina, found a 12-
inch kitchen knife wrapped in paper slipped under his door. Attached to 
the weapon was a note in Serbian, ``we will slaughter you.'' On 
September 28, an ethnic Hungarian high school student was beaten by a 
Serb student at whom he smiled on the bus. According to an eyewitness 
and the victim, the Serb boy said, ``no Hungarian has ever smiled at me 
and none will ever do so!'' Other boys joined in the beating, and when 
friends of the victim tried to help him, they were beaten as well. 
Police identified the aggressors and filed charges against them.
    The pace and seriousness of incidents peaked before republicwide 
local and Vojvodina provincial elections in September, then declined to 
a relatively low level. The targets were mainly ethnic Hungarians and 
ethnic Croats--the two largest minorities in Vojvodina--but other 
groups have also been affected, including Slovaks, Ruthenians, 
Romanians, Roma, Ashkali, Jews, and Chinese. The affected minorities 
complained that police were not sufficiently active in pursuing 
perpetrators and sometimes blamed the victim; because of these 
problems, the Vojvodina Province Secretary for Minorities reportedly 
began meetings with police concerning the attacks and preventive 
measures to be taken. As a result of these reported meetings, police 
patrols were increased in some trouble spots, but police response 
remained inconsistent.
    In September, Prime Minister Kostunica formed the Council for 
National Minorities, which is mandated to monitor minority rights and 
to consider draft laws and regulations important for exercising those 
rights. The Council, which the Prime Minister chairs, included the 
presidents of each of the individual national minority councils, as 
well as the Ministers of Culture, Education, Administration and Local 
Government, Religion, Justice, and Internal Affairs. In October, the 
SaM and Hungarian governments agreed to establish a permanent bilateral 
commission to address concerns of the Hungarian minority in Serbia 
(mostly in Vojvodina) and the Serbian minority in Hungary; the 
Commission held its first meeting on December 8.
    There were a few reports of police inattention to the security of 
the ethnic Albanian population in southern Serbia, in particular 
failure to respond adequately to the several armed highway robberies 
between May and July by masked men who claimed to be members of the 
extremist Albanian National Army (AKSh). The perpetrators demanded 
money from cars with foreign license plates (presumed ethnic Albanian 
guest workers returning to Kosovo for the summer holidays). In one 
incident, robbers shot at a car that refused to stop, killing one 
passenger and injuring three others. After this incident, the police 
reportedly arrested some of the perpetrators, but the ethnic Albanian 
community complained that the police had ignored their complaints about 
the robberies before the fatal incident brought public attention to the 
problem. There continued to be sporadic reports of physical abuse or 
brutality by the police, but there was no noticeable increase over 
previous years.
    Ethnic Albanian leaders of the southern Serbian municipalities of 
Presevo, Bujanovac, and Medvedja continued to complain about the 
underrepresentation of ethnic Albanians in government structures. 
Southern Serbia's ethnic Albanians have proportional representation in 
the multiethnic police force in southern Serbia and control of local 
governments in municipalities where they constituted a majority.
    In December, the privatization agency approved the sale of a public 
company in southern Serbia to an ethnic Albanian amnestied member of 
the Liberation Army for Presevo, Medvedja, and Bujanovac (UCPMB)--
reportedly the first sale of a public company to an ethnic Albanian. 
The following day, members of the local municipal assembly called on 
Prime Minister Kostunica to block the sale ``to protect the national 
interest.'' The privatization agency quickly withdrew its approval on 
the grounds that there was only one qualified bidder, although a number 
of other single-bid privatizations had gone through. The bidder 
complained that the sale was overturned on ethnic grounds.
    The MUP joined with OSCE, the Coordination Body for Southern 
Serbia, and municipal leaders to form a working group to deal with 
concerns between the ethnic Albanian community and police.
    The SaM Minorities Law recognizes the Roma as a national minority 
and explicitly prohibits discrimination against them; however, Roma 
continued to be targets of numerous incidents of police violence, 
verbal and physical harassment from ordinary citizens, and societal 
discrimination. Police often did not investigate cases of societal 
violence against Roma. At year's end, two persons were on trial for a 
2003 incident in which Roma were beaten; a separate juvenile proceeding 
was conducted for a minor who was also involved in the beating.
    Many Roma lived illegally in squatter settlements that lacked basic 
services such as schools, medical care, water, and sewage facilities. 
Some of these settlements were located on valuable industrial or 
commercial sites where private owners wanted to resume control; others 
were on the premises of state-owned enterprises due to be privatized. 
There were no reports of Romani settlements being closed during the 
year; one settlement on privatized land in Belgrade was scheduled to be 
demolished, but the action was suspended pending location of 
alternative housing for the IDPs and other Roma living there. On August 
6, the European Roma Rights Center (ERRC), the HLC, and the Center for 
Minority Rights of Belgrade filed a criminal complaint in connection 
with the August 2003 attack by 6 villagers on an extended Romani family 
of Muslim faith in Luzane. The attack followed years of threats and 
slurs against the family's ethnicity and religion by non-Romani 
neighbors. The police report of the attack was incomplete and 
inaccurate, and there was no indication that police would provide 
protection in future, so the 36-member family moved away.
    In 2003, the Belgrade City Assembly adopted a plan to construct 58 
small settlements for socially vulnerable persons with the objective of 
resettling some of the Roma from illegal settlements; however, no 
settlements have been built because of opposition by neighbors of the 
sites.
    Romani IDPs from Kosovo were particularly subject to discrimination 
and abuse (see Section 2.d.). Some non-Romani refugees and IDPs also 
suffered from discrimination.
    Romani education remained a problem. Many Romani children did not 
attend primary school, either for family reasons, because they were 
judged to be unqualified, or because of societal prejudice. Due to the 
lack of primary schooling, many Romani children did not learn to speak 
Serbian. Some Romani children were placed mistakenly in schools for 
children with emotional disabilities because Romani language, and 
cultural norms made it difficult for them to succeed on standardized 
tests in Serbian. The UNHCR, with government support, began health 
education programs for Roma and catch-up and head-start programs for 
Romani children. The SaM Government emphasized increasing enrollment of 
Romani children in school. During the year, there were 70 Romani 
children in middle schools and 69 Roma in vocational colleges and 
universities.
    In reaction to widespread anti-Serb violence by ethnic Albanians 
(who are primarily Muslim) in Kosovo in mid-March, two mosques in 
Serbia--attended by Bosniaks, Roma, and others--were burned (see 
Section 2.c.). There were also more than 40 incidents in Vojvodina of 
attacks on property of ethnic Albanians and Bosniak Muslims following 
the Kosovo violence. In the most serious Vojvodina attack, two Molotov 
cocktails were thrown at a bakery.
    The SaM Ministry for Human and Minority Rights ran an ``SOS'' 
hotline for minorities and others concerned about human rights 
problems. In July, the Ministry, in conjunction with OSCE and a local 
NGO, hosted a regional conference on ``Tolerance above All'' in 
Belgrade.

    Other Societal Abuses and Discrimination.--Serbia's homosexual 
community stayed hidden due to fears of violence and discrimination. 
The one occasion the community was visible--when it held a gay pride 
parade in 2002--the event was violently broken up, with police 
assisting the attackers. Slurs against homosexuals appeared in the 
media.

    Incitement to Acts of Discrimination.--The law prohibits 
dissemination of information that incites violence, hatred, or 
discrimination; however, propaganda against ``sects'' continued in the 
press, and religious leaders noted that instances of vandalism often 
occurred soon after such press reports. Some texts used in military and 
police academies contained propaganda against religious sects.
Section 6. Worker Rights
    a. The Right of Association.--The law provides for the right of all 
workers, except military and police personnel, to join or form unions 
of their choosing, subject to restrictions including approval by the 
Ministry of Labor and a statement from the employer that the union 
leader is a full-time employee, which reportedly was tantamount to an 
employer approval requirement. A state-affiliated trade union 
federation continued to dominate organized labor, due to preference for 
unions belonging to it by the managements of the state-owned industries 
that dominated the economy. Smaller federations of independent trade 
unions competed with the government-affiliated federation, but were 
successful in doing so primarily in the relatively small proportion of 
the formal nonagricultural economy that is not state-owned. In the 
state-owned sector, 60 to 70 percent of workers belonged to unions. In 
the private sector, only 4 to 6 percent were unionized, and in 
agriculture approximately 3 percent.
    The criminal code does not prohibit antiunion discrimination, and 
it was not a significant problem during the year. While it did not 
provide any specific examples of problems, the Nezavisnost national 
trade union center made generalized allegations to the International 
Confederation of Free Trade Unions that its members in Serbia were 
exposed to ``harassment and persecution'' by company managers and the 
Government and that two-thirds of applications for the registration of 
local Nezavisnost branches were delayed by the authorities for longer 
than the time limit set by law. Nezavisnost asserted that company 
managers prohibited the operation of the unions and their entry to 
company premises on the grounds that they were not registered and 
claimed there were reports of workers having their pay docked, being 
transferred to lower-paid positions, or being threatened and even 
assaulted after joining Nezavisnost. Local independent labor experts 
could not corroborate these claims. According to an independent labor 
expert, about 20 Nezavisnost members were prevented from working at one 
tractor factory in 2003, resulting in one violent skirmish. According 
to the labor expert, there were no incidents of company managers 
harassing union members during the year. Granting of applications for 
labor registration was, on occasion, delayed by 1 or 2 months, but 
often the delay was due to incomplete applications.

    b. The Right to Organize and Bargain Collectively.--The law allows 
unions to conduct their activities without interference, and the 
Government protected this right in practice. The right to organize and 
bargain collectively was recognized and exercised freely in practice. A 
union must have 15 percent of employees as members in order to 
negotiate with an employer or 10 percent of all employees to negotiate 
with the Government.
    The law provides for the right to strike, and unions held several 
strikes during the year; however, the law restricts strikes by 
employees in ``essential service production enterprises,'' such as 
education, electric power, and postal services--approximately 50 
percent of all employees. These employees must announce their strikes 
at least 15 days in advance and ensure that a ``minimum level of work'' 
is provided.
    There are no export processing zones.

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

    d. Prohibition of Child Labor and Minimum Age for Employment.--The 
minimum age for employment is 16, although in villages and farming 
communities it was common to find younger children at work assisting 
their families. Children--particularly Roma--also could be found in a 
variety of unofficial retail jobs, typically washing car windows or 
selling small items such as newspapers; however, in recent years, this 
type of labor has been less widespread because adults, lacking other 
options for employment, have taken many of these jobs. Romani children 
were often forced by their families into manual labor, compelled to 
beg, or trafficked abroad to work in begging or theft rings. The Labor 
Inspectorate of the Ministry of Labor, Employment, and Social Issues 
checked for child labor during its inspections; however, the Ministry 
stated it found no violations during the year. The Ministry also 
included prevention of child labor in its regular child and family 
protection programs.

    e. Acceptable Conditions of Work.--The minimum wage of 
approximately $95 (5,600 dinars) per month did not provide a decent 
standard of living for a worker and family.
    The standard workweek of 40 hours was generally followed in state-
owned enterprises but not in private companies. The law provides that 
an employee may not work overtime for more than 4 hours a day or for 
more than 240 hours within a calendar year. For an 8-hour workday, one 
30-minute break is required. At least 12 hours of break are required 
between shifts during the workweek, and at least 24 hours of break are 
required over the weekend. Payment of overtime--50 percent above 
regular pay--was regulated by collective agreements.
    It is mandatory for each company to establish a safety and security 
unit to implement safety and security regulations; however, in 
practice, these units often focused on rudimentary aspects of safety, 
such as purchasing soaps and detergents, rather than on providing 
safety equipment for workers. By some estimates, there were 20,000 
workplace injuries annually in Serbia, with approximately 100 
fatalities. Workers do not have the right to remove themselves from 
situations that endangered health or safety without jeopardy to their 
employment.
                                 kosovo
    Kosovo is administered by the U.N. Interim Administrative Mission 
in Kosovo (UNMIK) pursuant to U.N. Security Council (UNSC) Resolution 
1244. UNMIK promulgates regulations to address the civil and legal 
responsibilities of governmental entities and private individuals, and 
ratifies laws passed by the Kosovo Assembly. UNMIK promulgated the 
Constitutional Framework for Provisional Self Government in Kosovo (the 
Constitutional Framework), which defined the Provisional Institutions 
of Self Government (PISG). Kosovo has a multiparty political system 
with four dominant ethnic Albanian parties and several minority parties 
and coalitions. In October, Kosovo Assembly elections were held that 
were determined to be generally free and fair. The Constitutional 
Framework provides for an independent judiciary; however, the judiciary 
continued to be plagued by instances of favoritism and outside 
influence, particularly in many interethnic cases.
    The U.N.-authorized, NATO-led peacekeeping force for Kosovo (KFOR) 
continued to carry out its mandate to maintain a safe and secure 
environment and defend against external threats. UNMIK Civilian Police 
continued to transfer basic police authority and functions to the local 
Kosovo Police Service (KPS). The Kosovo Protection Corps (KPC), 
comprised largely of demilitarized former Kosovo Liberation Army (KLA) 
members, continued to develop its capacity as a civilian civil 
emergency response agency. UNMIK international civilian authorities and 
KFOR leadership generally maintained effective control over security 
forces; however, there were reports that elements of the security 
forces acted independently of their respective authority. Some members 
of the international and local security forces committed human rights 
abuses.
    The economy, in transition from a centrally directed to a market -
based economy, was built primarily on agriculture, mining-related 
industries, and construction services, and was heavily dependent on 
foreign assistance. The estimated population was 2.3 million, although 
demographic figures were unreliable in the absence of a recent census. 
Economic growth was approximately 3.5 percent for the year. 
Unemployment estimates ranged from 30 to 50 percent among ethnic 
Albanians and higher among Kosovo Serbs and other ethnic communities. 
Wage increases generally kept pace with inflation.
    UNMIK and the PISG generally respected the human rights of Kosovo's 
residents; however, there were serious problems in some areas, 
especially relating to Kosovo Serbs. KFOR and UNMIK police were 
responsible for killing several protesters during riots in March after 
the protestors failed to heed prior warnings and threatened the 
international security officials or those they were protecting. Several 
killings resulted from attacks that appeared to be ethnically 
motivated, and some perpetrators of the killings were arrested during 
the year. One death and several injuries resulted from landmines and, 
particularly, from unexploded ordnance (UXO). Lengthy pretrial 
detention was a problem, and the judiciary did not always provide due 
process. UNMIK occasionally limited freedom of assembly and forcibly 
dispersed some demonstrations. Religious tensions persisted. Freedom of 
movement for ethnic minorities, particularly Kosovo Serbs, continued to 
be a serious problem. Violence and discrimination against women 
remained significant problems. Trafficking in persons, particularly 
women for sexual exploitation, was a serious problem. Persons with 
mental and physical disabilities faced social discrimination. Severe 
societal violence, abuse, and discrimination against minority 
communities were serious problems, particularly during the March riots. 
Child labor was a growing 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 UNMIK, the PISG, KFOR, or their 
agents; however, in March, KFOR and UNMIK Police were responsible for 
killing several Albanian protesters during riots while defending 
themselves, Kosovo Serbs and other minorities from violent mobs (see 
Sections 2.b. and 5). On April 17, an UNMIK special police officer 
fired upon a group of 24 UNMIK corrections officers while they were 
leaving the Mitrovica Detention Center, killing 3 and injuring 11. A 
subsequent investigation determined that the perpetrator, who died of 
injuries sustained during the incident, acted alone.
    Landmines and UXO from the 1999 conflict remained a problem, 
particularly in rural areas. During the year, UXO or landmines killed 1 
person and seriously injured 13, compared with 3 fatalities and 16 
serious injuries in 2003. UXO, particularly the remains of NATO cluster 
bombs, was the main threat.
    A small, loosely organized group of ``Bridgewatchers'' remained 
intact but largely inactive in Mitrovica. They were present on the 
Austerlitz Bridge during the March riots, but were not linked to human 
rights abuses as in previous years.
    KPS and UNMIK Police officers investigating sensitive or 
politically related crimes were frequently targeted. For example, on 
March 23, KPS officer Arsim Rustolli and Ghanaian UNMIK Police officer 
Kojo Essuman were killed during an attack on their patrol in Podujeve/
Podujevo municipality and four Kosovo Albanians were awaiting trial on 
resulting charges at year's end.
    Three Kosovar Albanian men suspected of involvement in the March 
killings of an international and Kosovar police officer were 
transferred into UNMIK custody on June 8 after being arrested in 
Albania. The suspects include Florim Ejupi, Kosovo's most wanted 
fugitive who escaped from the KFOR Camp Bondsteel detention facility 
after being arrested in connection with the Merdare February 2001 bus 
bombing near Podujeve/Podujevo that left 11 Serbs dead and 40 wounded.
    There were allegedly politically motivated killings of Kosovo 
Albanians. For example, on March 17, unknown persons killed the father 
of Avni Elezaj, a former Kosovo Liberation Army (KLA) fighter and 
former bodyguard of Alliance for the Future of Kosovo (AAK) President 
Ramush Haradinaj.
    There were also allegedly ethnically motivated killings of Serbs 
during the year, especially during the March riots. The March riots 
resulted in the 20 deaths including of 8 ethnic Serbs and 12 ethnic 
Albanians. On February 19, the police and KFOR found two Serb corpses 
in Lipjan/Ljipljane with gunshot wounds inside a civilian vehicle 
parked on the road. On June 5, 17-year-old Serb Dimitrije Popovic was 
shot and killed, and another Serb teenager was seriously injured, in a 
drive-by shooting. KPS officers immediately arrested two young 
Albanians--Albert Krasniqi and Labinot Gashi--both of whom confessed to 
the crime and were awaiting trial at year's end.
    There were no developments in the following 2003 killings: The 
killing of two witnesses in the Dukagjini group case, Tahir Zemaj in 
January and Ilir Selimaj in April; the August sniper killing of UNMIK 
police officer Satish Menon; the September killing of KPS officer 
Hajdar Ahmeti; and the September killing of KPS officer Agim Makolli. 
UNMIK police announced that Bedri Krasniqi was wanted in connection 
with the November 2003 killing of KPS members Sebahate Tolaj and Isuf 
Haklaj.
    No arrests were made by year's end for the 2002 killings of Smajl 
Hajdaraj or of Ilir Selimaj and his pregnant sister-in-law.

    b. Disappearance.--There were no reports of politically motivated 
disappearances; however, criminal kidnappings for ransom took place and 
thousands of persons remained missing from the 1999 war.
    During the year, the Prizren prosecutor's office announced arrest 
warrants for two former Serb policemen, Goran Janjusevic and Slavisa 
Milkovic, suspected of committing war crimes against the civilian 
population in the Prizren region, including the kidnapping and killing 
of Ardian Zyrnagjiu during the 1999 conflict. The suspects remained at 
large at year's end.
    Approximately 3,200 persons remained missing from the Kosovo 
conflict at year's end, of whom 77 percent were Albanian, 17 percent 
were Serb, and 6 percent were from other ethnic groups. During the 
year, UNMIK's Office of Missing Persons and Forensics (OMPF) continued 
the identification of the remains of missing persons in Kosovo. From 
its establishment in 2002 through the end of the year, the OMPF 
performed 1,170 exhumations and conducted 858 autopsies. Many bodies of 
missing persons have been recovered and the focus was on establishing 
the identities of the exhumed remains so that they can be returned to 
their families for burial. By the end of the year, the OMPF submitted 
2,160 bone samples to the International Commission on Missing Persons 
(ICMP) to identify remains through DNA testing, which had returned 797 
results.
    The OMPF continued to cooperate with the Government of Serbia to 
receive identified remains of Kosovo victims from the 1999 war found in 
mass graves in Serbia; however, progress was slow. The OMPF received 
849 bodies transferred from the Republic of Serbia, most of which were 
returned to families for burial, including 641 ethnic Albanians and 98 
from non-Albanian communities. Associations of families of the missing 
held a series of protests on August 30 and November 3 to 5 demanding 
that the Government of Serbia immediately return over 200 sets of 
identified remains to Kosovo and open Serbia's government files on 
missing persons. The missing persons technical dialogue between 
officials in Pristina and Belgrade was hindered for political reasons, 
but UNMIK was working to resume the dialogue at year's end.

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The Constitutional Framework and Criminal Procedure Code 
prohibit such practices, and there were no reports that UNMIK, KFOR, or 
the PISG officials employed them.
    On February 16, KFOR authorities arrested KPC Commander General 
Selim Krasniqi and three other KPC officers on suspicion of involvement 
in abusing innocent persons in the Prizren area in 1998.
    During the year, some KPC members were suspected of involvement in 
misconduct; however, the extent of KPC leadership involvement was 
unclear. During the year, the 12 KPC members suspected in December 2003 
were reinstated because the police investigation failed to find 
sufficient evidence of criminal activity.
    There were reports of attacks and threats against Kosovo Albanian 
political and institutional figures as well as Kosovo Albanian 
individuals. For example, on February 21, an explosive device in a 
vehicle in the town of Peje/Pec injured Kosovo Minister of Environment 
and Spatial Planning Ethem Ceku, two AAK party officials, and two KPC 
members. On June 30, unknown assailants attacked a member of the 
Democratic Party of Kosovo (PDK) presidency branch in Peja/Pec, Rexhe 
Krasniqi. No suspects were identified by year's end; however, credible 
observers often blamed such attacks on rival political party members. 
Nonpolitical motives, including clan rivalry and common criminality, 
were also suspected in some cases.
    Serbs, Roma, Ashkali, and other minorities were subjected to 
societal abuses on a regular basis, including attacks by violent mobs 
during the March riots (see Section 5). For example, on March 5, three 
Kosovo Albanians beat a Kosovo Serb who was traveling on a train near 
south Mitrovica.
    There were some credible reports of politically motivated attempts 
to intimidate UNMIK officials and KFOR officers. For example, on March 
24, a hand grenade was thrown towards the Mitrovica main bridge from 
the majority-Serb northern side and two KFOR soldiers sustained minor 
injuries. In August, a Serb, Zivorad Cvetkovic, was sentenced to 5 
years in prison for the crime.
    Prisons generally met international standards, and UNMIK permitted 
visits by independent human rights observers. Prison and detention 
center conditions were generally good and did not pose a serious threat 
to life or health. Facilities were at times overcrowded; however, the 
construction of two new facilities began during the year. UNMIK 
operated eight facilities (Prizren, Mitrovica, Pristina, Gnjilane, 
Peja/Pec, Lipjan, and Dubrava--blocks one and two) with a total 
capacity of 1,356 inmates. UNMIK Police corrections officers managed 
the prison system and increasingly transferred responsibilities to the 
local Kosovo Correctional Service (KCS).
    UNMIK has implemented the recommendations contained in the 2003 
report of an independent commission to improve hygienic conditions in 
Dubrava Prison, rectify the lack of educational and recreational 
activities, provide additional training for local correctional staff, 
and improve institutional and management processes; however, funding 
constraints were a problem.
    Women were held separately from men, and juveniles were held 
separately from adults. Pretrial detainees were held separately from 
convicted prisoners and those awaiting appeal of their convictions. 
High-risk prisoners were held in a special block of the Dubrava prison. 
Prisoners were permitted to vote in the October elections.

    d. Arbitrary Arrest or Detention.--The Constitutional Framework and 
Criminal Procedure Code prohibit arbitrary arrest and detention, and 
UNMIK, KFOR, and the PISG generally observed these prohibitions in 
practice.
    UNMIK Police continued to transfer police authority and functions 
to the KPS, while maintaining oversight. The KPC continued to train and 
develop its disaster response skills and undertook humanitarian 
projects. An international commissioner of police directed both the 
UNMIK police and the KPS. The combined force was generally effective. 
Minority membership in the KPS was approximately 15 percent at year's 
end. Corruption in the security forces was a problem, particularly in 
the KPS border police.
    An UNMIK Office of Oversight investigated corruption in UNMIK, and 
the criminal justice system. The judicial system effectively prosecuted 
members of the security forces who committed abuses. The KPS 
Professional Standards Unit (PSU), run by UNMIK Police, conducted 100 
disciplinary investigations against KPS officers for participating in 
or failing to prevent violence in the March riots; most of these 
investigations were still ongoing at year's end. One officer was 
terminated for her participation in an assault against a minority 
family. While the local criminal justice system generally did a poor 
job of investigating, arresting, and convicting perpetrators of crimes 
against minorities, the UNMIK Department of Justice tracked over 300 
criminal proceedings associated with the March riots during the year 
(see Section 1.e.). Some international NGOs also accused KFOR and UNMIK 
police of failing to prevent the March riots.
    Police generally openly arrested a suspect using a warrant issued 
by a judge or prosecutor; however, in certain high security cases, 
suspects were arrested secretly by masked or undercover police 
officers. All arrests must be based on prosecutor orders and arrestees 
must be brought before a judge within 72 hours; however, there were 
reports that UNMIK police used this authority as a means of minor 
punishment with no intention of filing charges, particularly in the 
case of petty offenders. Based on the new criminal code that came into 
effect on April 6, a suspect has the right to be informed about the 
reasons for the arrest in a language that he or she understands; to 
remain silent and not to answer any questions, except about his or her 
identity; to free assistance of an interpreter; to defense counsel and 
to have defense counsel provided if he or she cannot afford to pay for 
legal assistance; to medical treatment including psychiatric treatment; 
and to notify a family member. These rights were generally respected in 
practice.
    Although KFOR did not require arrest warrants, its arrest processes 
were generally transparent. However, KFOR detention practices were not 
always fully transparent. For example, the attorney for Shukri Buja, a 
former KLA commander arrested after the March riots, complained that he 
had difficulty locating his client. The KFOR Commander may intervene to 
extend the detention of persons not charged with a crime or ordered 
released by the courts in increments of 30 days. On May 4, KFOR 
extended the detention of former KLA commander Sami Lushtaku at Camp 
Bondsteel under suspicion of involvement in the March riots and for 
numerous weapons-related charges. He was later released and all charges 
were dropped.
    A detainee may be held in pretrial detention for a maximum period 
of 1 month from the day of arrest, which can be extended by the courts 
up to a total of 18 months. The new criminal code introduced on April 6 
includes measures to decrease the need for pretrial detention, such as 
house arrest, an appeal for detention on remand, and expanded use of 
bail. However, a backlog of pretrial detainees remained; approximately 
2,000 persons were detained on remand during the year. UNMIK 
established a commission to compensate persons held in detention who 
were later found not guilty.

    e. Denial of Fair Public Trial.--The Constitutional Framework 
provides for an independent judiciary; however, the local judiciary was 
at times subject to bias and outside influence, particularly in 
interethnic cases, and did not always provide due process. Legal 
authority is held by UNMIK under U.N. Security Council Resolution 1244. 
UNMIK police and justice worked with local judges and prosecutors, 
while maintaining executive responsibility for judicial system 
planning, policymaking, operations, management, administration, 
coordination, and monitoring. There were credible reports of corruption 
within the local judiciary, and allegations that courts, including the 
Supreme Court, deferred to the Government in some cases.
    The court system includes a Supreme Court, 5 District Courts, 24 
Municipal Courts, and a Commercial Court. There were 18 international 
judges and 8 international prosecutors who were appointed by UNMIK to 
handle interethnic and other sensitive cases. At year's end, there were 
21,668 criminal cases unresolved in the municipal courts, and 2,371 
criminal cases unresolved in the district courts.
    The Government of Serbia continued to fund and manage a parallel 
judicial system in Serb enclaves in violation of U.N. Security Council 
Resolution 1244.
    UNMIK, through the Organization for Security and Cooperation in 
Europe (OSCE), maintained several organizations to increase the 
professionalism of the judicial corps. The Kosovo Judicial Institute 
continued to train judges and prosecutors. The Judicial Inspection Unit 
continued to monitor judicial performance and make recommendations on 
discipline and training. The Kosovo Judicial and Prosecutorial Council 
(KJPC) was responsible for the review of cases of judicial misconduct. 
Since 2001, KJPC opened 458 investigations and found some evidence of 
misconduct in 41 cases, resulting in 7 reprimands and 10 
recommendations for removal.
    Although the law provides that serious cases are tried by a panel 
of five judges (two professional judges and three lay judges), an UNMIK 
regulation provides that cases of a sensitive ethnic or political 
nature may be tried by international prosecutors, possibly before a 
three-member panel of professional international judges. Of the 232 
active cases handled by International Prosecutors during the year, 
approximately 79 were tried before international judges, which 
typically resulted in a conviction rate of over 90 percent.
    The local bar association, the Kosovo Chamber of Advocates (KCA), 
remained weak, but was improving. The OSCE started a local NGO, the 
Criminal Defense Resource Center, to assist the KCA in capacity 
building. Some Kosovo Serb lawyers participated in the legal system, 
and the Serbian Bar Association continued to provide free legal 
assistance for Kosovo Serb defendants in Kosovo. In addition, the OSCE 
provided security and logistical support, such as secure transportation 
to Serb attorneys who represented Serb defendants in Kosovo courts.
    UNMIK regulations and the Constitutional Framework provide for the 
right to a fair trial, and the international and local judiciary 
generally enforced this right; however, legal experts and human rights 
observers continued to express concern that the fairness of trials was 
a problem in criminal cases involving ethnic minorities prosecuted or 
tried by Kosovo Albanian judicial personnel, so such cases were 
routinely assigned to international judicial personnel. Trials were 
public, and the law provides for the right of defendants to be present 
at their trials, to confront witnesses, to see evidence, and to have 
legal representation, at public expense if necessary. Defendants are 
presumed innocent until proven guilty and have the right of appeal. 
There are no jury trials; cases are heard by panels consisting of 
professional and lay judges.
    The Judicial Integration Section, created by the UNMIK Department 
of Justice in 2003 to promote the ethnic integration of judges and 
prosecutors into the Kosovo legal system, continued to address access 
to justice problems affecting minorities, to monitor the treatment of 
minorities in the justice system, to address instances of 
discrimination, and to facilitate the integration of court support 
staff. A special Court Liaison Office (CLO) continued to facilitate 
access to justice for minority communities in the Serbian enclave of 
Gracanica, Pristina Municipality. The CLO enhanced access to justice by 
accompanying minorities to courts, filing documents with courts on 
behalf of minorities, and providing information regarding court access. 
During 2004, the CLO in Gracanica dealt with 1,656 requests for 
assistance. In addition, UNMIK opened a Department of the Pristina 
Municipal Court in Gracanica staffed by two judges to further increase 
minority access to the Kosovo justice system.
    Kosovo's investigative, judicial, and penal systems, in addition to 
International Criminal Tribunal for the former Yugoslavia (ICTY), 
continued to identify and punish perpetrators of war crimes from the 
1999 conflict; however, many cases remained unresolved. Domestic war 
crimes trials continued in local Kosovo courts to adjudicate 
approximately 38 cases of alleged war crimes and genocide arising from 
the 1999 conflict. For example, Ejup Rujeva was tried by a panel of 
international judges in the Pristina district court for alleged war 
crimes, kidnapping, and murder of civilians in February and March of 
1999; the trial was ongoing at year's end.
    There were no reports of political prisoners.
    The UNMIK Housing and Property Directorate (HPD) has responsibility 
for restitution or compensation for takings of private property 
associated with the 1999 war. HPD continued to adjudicate property 
claims, produce legally binding decisions, evict illegal occupants, 
restore property to 1999 occupants, and administer property on behalf 
of owners not in Kosovo. HPD shifted its focus to incorporate the 
return of displaced persons into its previously exclusive focus on 
property law implementation, and in the past year referred successful 
claimants to returns assistance NGOs. During the year, HPD resolved 
approximately 918 claims per month and carried out a total of 
approximately 440 evictions (illegal occupants often vacate a property 
prior to eviction). HPD established a call center to increase outreach 
to successful claimants, contacting approximately 9,565 claimants 
during the year. Of the approximate 29,000 claims received by the 
intake deadline of July 1, 2003, HPD had resolved 23,055 by year's end.
    In Mitrovica, Kosovo Serbs in the northern part of the city 
continued to illegally occupy Kosovo Albanian properties, while Kosovo 
Albanians in the southern part of Mitrovica also denied Kosovo Serbs 
access to their property. By year's end, the HPD had made a decision on 
730 of the 1,324 property claims in Mitrovica North, Leposavic, and 
Zvecan and started implementation of the decisions regarding evictions.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--UNMIK regulations and the Constitutional Framework 
prohibits such actions, and UNMIK, KFOR, and the PISG generally 
respected these prohibitions in practice; however, some individuals and 
local NGOs accused KFOR of using excessive force in executing searches 
in private homes. On August 4, KFOR announced an investigation against 
seven members of KFOR for allegedly exceeding their authority during a 
search for suspects in the March riots. The soldiers were subsequently 
reprimanded and repatriated.
    An UNMIK regulation on Covert and Technical Measures of 
Surveillance and Investigation permits police to conduct covert 
operations with the prior written approval of an investigative judge or 
public prosecutor. No abuses were reported during the year.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--UNMIK regulations and the 
Constitutional Framework provide for freedom of speech and of the 
press, and UNMIK, KFOR, and the PISG generally respected these rights 
in practice and did not restrict academic freedom; however, there were 
some allegations of interference with freedom of speech and press by 
both UNMIK and the PISG, particularly during the March riots.
    The independent media were active and expressed a wide variety of 
views without restriction. Most print and broadcast media were 
independent but regulated by UNMIK. Print media did not have a large 
circulation; broadcast media appeared to be more influential.
    UNMIK controlled broadcasting infrastructure through the Department 
of Post and Telecommunications, while the OSCE oversaw the Department 
of Media Affairs. UNMIK also regulated the conduct and organization of 
both broadcast and print media and established the office of the 
Temporary Media Commissioner (TMC) and the Media Appeals Board. The TMC 
was responsible for publishing a broadcast code of conduct, issuing 
licenses, and imposing sanctions up to and including closing down 
offending media organs in the event of violations of UNMIK regulations 
or published codes of conduct; however, the TMC believed the codes need 
to be updated. For example, the codes failed to adequately protect the 
privacy of children and crime victims. The Constitutional Framework 
provides for an Independent Media Commission (IMC) and a Board of the 
Public Broadcasters independent of the PISG. During the year, UNMIK 
worked with the PISG to transition the TMC to an IMC and the 
establishment of a Board of Public Broadcasters; however, the law 
establishing an IMC was not finalized by year's end. An Assembly-
mandated Committee on the Media was established during the year, but 
its competencies passed to a wider-range Committee on Public Services, 
Local Administration, and Media following the October elections.
    While most print and broadcast media followed accepted journalistic 
principles, there were some exceptions. In October, the TMC published a 
report criticizing print media for failing to provide fair and equal 
representation for all political parties, including minority parties, 
during the electoral campaign. The TMC received one complaint of a 
threat against journalists. On August 24, an anonymous e-mail was sent 
``on behalf of all Muslim believers'' to the Radio Television Kosovo 
(RTK) and TV 21 demanding that they cease the broadcast of two soap 
operas.
    During the March riots, the Association of Professional Journalists 
in Kosovo claimed that the TMC's visit to three Kosovo-wide TV stations 
was interference with the press and also claimed that UNMIK police and 
KFOR blocked the antenna signal of TV Mitrovica. The local Gjila/
Gnjilane TV station Men charged that, on April 15, UNMIK police 
surrounded the station and confiscated material recorded during the 
March riots. On July 13, the TMC, Robert Gillete, stated that the 
interference by police and prosecutors in the work of media, in 
particular the confiscation of TV tapes, was endangering journalistic 
freedom of speech. UNMIK regulations prohibit hate speech and speech 
that incites ethnic violence, as well as newspaper articles that might 
encourage criminal activity or violence. Following several credible 
reports by international observers harshly criticizing print and 
especially electronic media for biased coverage and incitement during 
March riots, the TMC settled cases with three Kosovo-wide TV stations 
(RTK, KTV, and TV21) on December 17 by obtaining agreement from the 
stations to spend more than $ 675,000 (500,000 euros) on additional 
training for reporters and editors.
    UNMIK regulations prohibit the publication in both the print and 
broadcast media of personal information that would pose a threat to the 
life, property, or security of persons through vigilante justice or 
otherwise. On June 22, the Pristina Municipal Court found the Bota Sot 
editor Bajrush Morina guilty of publishing false information on PDK 
member Xhavit Haliti, who was indirectly accused of the killing of 
Tahir Zemaj in January 2003; Morina was fined $ 1,823 (1,350 euros).
    The Government did not restrict access to the Internet.

    b. Freedom of Peaceful Assembly and Association.--UNMIK regulations 
and the Constitutional Framework provide for freedom of assembly and 
association, and UNMIK, KFOR, and the PISG generally respected these 
rights in practice; however, UNMIK police used deadly force to control 
the March riots and protect themselves and others. Demonstration 
organizers were required to notify UNMIK 48 hours in advance for police 
coordination. UNMIK police estimated that hundreds of thousands of 
persons took part in protests, demonstrations, and road blocks during 
the year, including 59 instances in March and 197 instances throughout 
the rest of the year, constituting a 150 percent increase in 
demonstrations over previous years. On August 30, the International Day 
of the Disappeared, UNMIK police forcibly removed approximately 50 
family members of missing persons who were blocking the main road in 
downtown Pristina and protesting the slow progress on resolving the 
fate of the missing from the 1999 conflict (see Section 1.b.).
    The March riots involved an estimated 50,000 to 75,000 
demonstrators over 2 days in every major city in Kosovo. During the 
March riots, measures taken by KFOR and UNMIK police to protect 
themselves and others as well as to control the crowds resulted in 
several deaths of Albanian protesters and some allegations of police 
abuse. For example, an UNMIK police officer shot and killed a protester 
in Peja/Pec municipality while defending Serbian residents from Kosovar 
Albanian rioters. No legal charges were brought against KFOR soldiers 
or UNMIK police related to their actions during the March riots.
    UNMIK granted registration for political parties and NGOs 
routinely.

    c. Freedom of Religion.--UNMIK regulations and the Constitutional 
Framework provide for freedom of religion, and UNMIK and the PISG 
generally respected this right in practice.
    There are no specific licensing regulations with regard to 
religious groups; however, in order to purchase property or receive 
funding from UNMIK or other international organizations, religious 
organizations must register as NGOs.
    The majority of the population was Muslim with significant numbers 
of Serbian Orthodox and Roman Catholics, and a small Protestant 
minority.
    Religious identity and ethnicity were closely intertwined. Kosovo 
Serbs identified themselves with the Serbian Orthodox Church, which 
influenced not only their religious but also their cultural, 
historical, and political outlook. The close connection between 
religion and ethnicity affected the religious liberty of the Serb 
community (see Section 5). Significant parts of the Kosovo Albanian 
community continued to view the Serbian Orthodox Church with hostility 
and suspicion due to its political alignment with the Government of 
Serbia's policy toward Kosovo. Differences between Muslim, Catholic, 
and Protestant communities tended to be overshadowed by a common ethnic 
Albanian heritage.
    Numerous serious attacks on Serbian Orthodox churches and 
cemeteries occurred during the March riots, resulting in extensive 
property damage, including the destruction or damage of 30 Orthodox 
religious sites and over 900 houses and businesses of ethnic 
minorities. Several of the burned churches and monasteries dated from 
the 14th century and were considered part of the cultural and religious 
heritage of the region. A Council of Europe mission assessed that 
approximately $13.1 million (9.7 million euros) would be required to 
repair and restore the damaged religious sites. Following the riots, 
KFOR deployed security contingents at religious sites throughout Kosovo 
to protect them from further destruction. In some areas KFOR resumed 
static checkpoints and increased protective measures and improved KFOR 
visibility. Nevertheless, sporadic attacks against ethnic minority 
property continued.
    On April 2, Kosovo Albanian leaders issued a public letter 
condemning the riots and calling for rebuilding interethnic relations; 
however, with the exception of former Prime Minister Bajram Rexhepi, 
most Kosovo Albanian political leaders were criticized for their slow 
response to minority needs following the riots.
    Monks and nuns at some monasteries were unable to use parts of 
monastery properties due to safety concerns. Serb families with 
relatives living in both Kosovo and Serbia were hindered by security 
concerns from traveling to join their relatives for religious holidays 
or ceremonies, including weddings and funerals. Bishop Artemije 
Radosavljevic, head of the Serbian Orthodox Church in Kosovo, remained 
in a monastery in the Kosovo Serb enclave of Gracanica; the Bishop's 
residence in Prizren was burned during the March riots. During the 
year, UNMIK police and KFOR provided security to improve mobility. For 
example, on February 14, police escorted 107 Serbs to visit the local 
monastery and cemetery in Ferizaj/Urosevac.
    The Islamic Community of Kosovo alleged that UNMIK's denial of a 
radio frequency for an Islamic radio station, the closing of a prayer 
room in the national library, and the refusal of Pristina municipality 
to grant public land to build a mosque were examples of a lack of 
religious freedom; however, municipal authorities claimed that 13 
mosques have been built in Pristina since the war.
    In 2003, a female student was banned from wearing an Islamic 
headscarf on school premises. The Ministry of Education's position was 
that the law prohibited activities promoting any specific religion in 
public education institutions. The student appealed to the Kosovo 
Ombudsperson who released a nonbinding opinion that the Ministry's 
interpretation should only apply to schoolteachers or officials, not to 
students.
    Protestants reported discrimination in access to the media, 
particularly by RTK. The absence of attacks on Protestants and their 
religious buildings during the March riots was, according to their 
leadership, a sign of increasing acceptance by the Kosovo public.
    The PISG allocated $5.7 million (4.2 million euros) for the first 
phase of reconstruction for 30 churches damaged during the March riots, 
but the Serbian Orthodox Church declined to cooperate with UNMIK on a 
transparent tender process to disburse the funds.
    For a more detailed discussion, see the 2004 International 
Religious Freedom Report.

    d. Freedom of Movement, Foreign Travel, Emigration, and 
Repatriation.--UNMIK regulations and the Constitutional Framework 
provide for freedom of movement; however, interethnic tensions and 
security concerns restricted freedom of movement in practice, and 
UNMIK, KFOR, and the PISG generally failed to protect these rights for 
minority communities.
    No special documents were required for internal movement; however, 
Kosovo Serbs, and to a lesser extent other minority communities, had 
considerable difficulty moving about safely without an international 
security escort. Following the March riots, KFOR and UNMIK police 
restricted movement in most of the affected areas and selectively 
imposed temporary curfews. Kosovo Serbs were frequently subjected to 
stonings and other low-level violence by Kosovo Albanians. Examples of 
stonings included: Busses en route to Skopje in September, October and 
December; a group of children on their way to elementary school in 
September; a commuter train used mainly by Kosovo Serbs as it passed 
though a Kosovo Albanian inhabited area in October; and a convoy 
escorted by KFOR when passing through Decan town in December.
    In order to improve freedom of movement by rendering Serb and 
Albanian vehicles indistinguishable from each other, UNMIK continued to 
offer Kosovo license plates to Kosovo Serbs for no fee if they had 
already paid for vehicle registration in Serbia, but the Government of 
Serbia did not endorse the program. The deadline for registering 
vehicles with Kosovo plates was postponed to allow Kosovo Serbs to take 
advantage of the offer. UNMIK regulations provide that the Central 
Civil Registry may issue travel documents to any person registered as a 
resident of Kosovo. Since 2000, UNMIK has issued approximately 1.3 
million identity documents, 500,000 travel documents, and 235,000 
driver's licenses. Although there were more than 103,000 minorities, 
including 71,000 Serbs, in the civil registry, fewer than 1,000 applied 
for UNMIK travel documents. Kosovo Serbs often received Serbian 
identity and travel documents in addition to UNMIK issued Kosovo 
identity documents. Many Kosovo Albanians also obtained Serbian 
documents to enable travel beyond the countries that recognized the 
UNMIK travel documents. UNMIK and the PISG did not restrict emigration 
or repatriation.
    The law prohibits forced exile, and the authorities did not employ 
it.
    Since 1999, just over 910,000 internally displaced persons (IDPs) 
and refugees have returned or been repatriated, mostly ethnic 
Albanians; however, few IDPs returned during the year. Some 
international agencies and NGOs continued to organize small-scale 
return projects, which experienced setbacks as a result of the March 
riots. UNHCR estimated that 230,000 members of ethnic minority 
communities were displaced during the 1999 conflict. A total of 12,218 
returned to Kosovo by year's end, it was unclear how many of the 
230,000 persons originally displaced had returned or had integrated 
locally in Serbia by year's end. According to UNHCR, 2,302 minorities 
returned to Kosovo during the year, a 39 percent decrease from the 
3,801 minority returns in 2003. This marked the first decline since 
1999, a difference largely attributable to the impact of the March 
riots. Although the overall number of minority returns decreased during 
the year, a higher number of Roma, Bosniaks, and Goranis returned 
during the year compared to 2003. Of the additional 4,000 Serbs and 
Ashkali displaced during the March riots, 1,864 had not yet returned to 
their homes by year's end. The PISG reconstructed over 90 percent of 
the over 900 houses damaged or destroyed during the March riots, but 
many remained unoccupied at year's end.
    The prospect for returns varied considerably according to region 
and ethnic group. The ability to speak the language of the majority 
community as well as the level of contact between IDPs and their 
neighbors prior to the conflict greatly affected the returnees' chances 
for reintegration. During the March riots, the Ashkali neighborhood in 
Vushtrri/Vucitrn was burned and looted, and its inhabitants took 
shelter at a KFOR base. Many refused to return by year's end. Many of 
those displaced in March, including Ashkali residents and Serbs, were 
displaced and had their homes burned for the second time.
    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, UNMIK granted 
displaced persons with status as ``persons with temporary protection in 
Kosovo.'' In practice, UNMIK provided protection against refoulement, 
the return of persons to a country where they feared persecution; 
however, UNMIK did not grant refugee status or asylum. UNMIK 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
    UNMIK regulations and the Constitutional Framework provide 
residents with the right to change their government peacefully, and 
they exercised this right in practice through periodic, free, and fair 
elections on the basis of universal suffrage. Kosovo continued to be 
administered under the civil authority of UNMIK. A UNSC Resolution 
declared that the people of Kosovo shall be afforded ``substantial 
autonomy and self-government.'' UNMIK and its chief administrator, the 
Special Representative of the Secretary General (SRSG), established an 
international civil administration in 1999, following the conclusion of 
the NATO military campaign that forced the withdrawal of Serbian 
forces. In 2001, UNMIK promulgated the constitutional framework for the 
PISG (the Constitutional Framework). The PISG is made up of a 120-
member Kosovo Assembly, which after the October elections again 
selected Ibrahim Rugova as President of Kosovo and Ramush Haradinaj as 
the new Prime Minister, as well as ministers and other government 
officials from several ethnic communities. Kosovo's leaders criticized 
UNMIK for the slow pace of transfer of powers to the PISG.
    UNMIK and the OSCE registered approximately 1.4 million voters for 
the October Assembly elections. Only residents of Kosovo and those who 
were residents of Kosovo on January 1, 1998 were eligible to vote. All 
of Kosovo's ethnic communities participated in the election, although 
Serb participation was minimal. Some Serb leaders enforced the strategy 
of election boycott as a political tool in the Assembly elections 
through intimidation and implicit threats of violence and loss of 
social benefits against Serb voters, especially in the majority-Serb 
northern municipalities. The OSCE transferred considerable election 
administration authority for the first time to a locally staffed 
Central Election Commission, which conducted the October election while 
OSCE officials maintained oversight. International and domestic 
observers determined that the 2004 Assembly elections were generally 
free and fair.
    Kosovo has a multiparty system dominated by four virtually 
monoethnic Albanian parties. There were also several minority parties 
and coalitions. The Democratic League of Kosovo (LDK) continued to be 
the most popular political party in Kosovo, but fell short of the 
majority required to form the central government on its own. The LDK 
formed a governing coalition with the AAK, led by Ramush Haradinaj, and 
the Six Plus parliamentary group, a coalition of Turkish and Bosniak 
parties. The leading political parties in the opposition were the PDK, 
led by Hashim Thaci, and ORA, led by Veton Surroj. The nearly complete 
Serb boycott of the October elections left the two Kosovo Serb parties, 
the Serbian List for Kosovo and Metohija--successor to the Povratak 
Coalition--and the Citizens' Initiative of Serbia, with a combined 10 
Assembly seats set aside for Serbs by the Constitutional Framework. 
Party affiliation played an important role in access to government 
services and social opportunities. Traditional social arrangements and 
clan loyalties also played an important, though unofficial role in 
Kosovo's social and political organization.
    Under UNMIK regulations, individuals may nominate themselves as 
candidates to their parties, which must hold open and transparent 
internal elections to select their candidate lists. LDK and PDK all but 
ignored this requirement at their party conventions. UNMIK rejected 
calls by some political parties and civil society to implement an 
electoral system featuring an open candidate list (by which voters 
would cast ballots for individuals rather than political entities) and 
some variety of geographic districting.
    There were reports of attacks and threats against Kosovo Albanian 
political and institutional figures (see Section 1.c.).
    There was a widespread public perception of corruption in both the 
PISG and UNMIK. There were credible reports of irregularities involving 
the PISG's handling of its first international bid for a mobile phone 
license. During the year, two international officials at the Pristina 
airport were arrested on money-laundering charges.
    In November 2003, UNMIK promulgated the Law on the Access to 
Official Documents; however, the law exempts UNMIK documents and was 
rarely used.
    Following the October elections, there were 36 women in the 120-
seat Assembly. Women must occupy every third spot on each political 
party's candidate list. Following the election, there were no women on 
the eight-member Assembly Presidency and only one woman served in the 
Prime Minister's Cabinet. Women represented 28 percent of the elected 
municipal representatives.
    The Constitutional Framework requires that the Assembly reserve 10 
seats for Serbs and 10 for members of Kosovo's other ethnic 
communities, but ethnic minorities were underrepresented at the 
municipal level. Following the October elections, there were 21 ethnic 
minority members in the 120-seat Assembly, including 10 Serbs and 11 
members of Kosovo's other ethnic communities, including Turks, 
Bosniaks, Gorani, Roma, Ashkali, and Egyptians. There were three ethnic 
minority PISG ministers, two Serb and one Bosniak, and three deputy 
ministers. One Serb and one Turk held seats on the Assembly Presidency. 
At year's end, Serbs had not yet claimed their set-aside cabinet posts 
and continued to boycott the Kosovo 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 restriction, investigating and publishing 
findings on human rights cases. UNMIK, KFOR, and the PISG were 
generally cooperative and responsive to their views.
    UNMIK registered more than 2,871 NGOs, including approximately 
2,469 domestic and 402 international NGOs; 794 have been granted Public 
Benefit Status (tax exemption).
    The International Organization for Migration (IOM) coordinated 
training and projects for the KPC in collaboration with other NGOs. 
Human rights observers, including those of the OSCE and some local 
NGOs, were active in documenting ethnically or politically motivated 
killings, attacks, and incidents of intimidation.
    UNMIK, KFOR, and the PISG generally cooperated with the ICTY 
regarding crimes committed during the 1999 conflict. The ICTY trial of 
Fatmir Limaj, PDK caucus leader, and two other Albanians, began in 
November. The ICTY announced it may issue additional war crimes 
indictments of Kosovo Albanians; however, it had not done so by year's 
end. ICTY Chief Prosecutor Carla Del Ponte announced on several 
occasions that the Hague Tribunal was investigating additional Kosovo 
cases, but cited several difficulties, such as unwillingness of 
Albanians to testify, witness intimidation, lack of written documents, 
and lack of cooperation from local and international structures.
    The Kosovo Omudsperson Institution (OI) investigated allegations of 
government abuses of international human rights laws. The OI had a 
multiethnic staff and was active in issuing reports and 
recommendations. Its recommendations were rarely followed by UNMIK, 
particularly UNMIK police, but cooperation improved after the March 
riots. The OI reported that 2,967 persons contacted the OI resulting in 
34 investigations and 22 reports during the year. The OI had no 
authority to intervene in cases against KFOR. Since 2001, the OI has 
maintained that Regulation 2000/47 on UNMIK and KFOR Status, 
Privileges, and Immunities was in violation of internationally 
recognized human rights. On May 4, the OI criticized KFOR for having 
resumed objectionable detention practices (see section 1.c.).
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    UNMIK regulations specifically prohibit discrimination on the basis 
of gender, race, or ethnic origin; however, violence and discrimination 
against women, persons with disabilities, and ethnic minorities 
persisted. On August 25, UNMIK promulgated the Law Against 
Discrimination approved by the Kosovo Assembly. Minority communities, 
particularly Kosovo Serbs, were subject to severe social, economic, and 
cultural discrimination, as well as intimidation and occasional 
violence. On March 17 and 18, violent mobs targeted Serbs and other 
minority communities, as well as Orthodox Churches, in the widespread 
destruction and violence that swept across Kosovo. In addition, Kosovo 
Albanians were forced from their homes in some places where they were 
the minority.

    Women.--Violence against women, including rape and a high level of 
domestic violence and spousal abuse, remained a serious and persistent 
problem. UNMIK regulations prohibit domestic violence and carry prison 
terms of 6 months to 5 years. Several court orders were issued during 
the year to protect victims of domestic violence.
    Domestic abuse of women was common, and legal allegations and 
prosecutions involving domestic violence increased for the second year. 
The Center for Protection of Women and Children (CPWC), a local NGO, 
estimated that it received approximately 4,700 requests for assistance 
from victims of violence during the year. UNMIK DOJ Victim Advocacy and 
Assistance Unit (VAAU) victim advocates were involved in 765 domestic 
violence cases. The Kosovo judicial system processed 188 cases of 
domestic violence during the year; 52 of the 53 completed cases 
resulted in convictions, with sentences ranging from judicial 
reprimands to imprisonment. Traditional social attitudes towards women 
may contribute to the high level of domestic abuse and low number of 
reported cases. The OSCE, the Office of the Prime Minister, and the 
UNMIK Department of Justice launched a public information campaign On 
November 25 to help raise awareness. The KPS School included special 
training segments on domestic violence and rape in its curriculum.
    UNMIK regulations criminalize rape. On April 6, a new criminal code 
was implemented, including a comprehensive chapter with increased 
punishments for rape and sexual assaults; however, spousal rape was not 
specifically addressed. Rape was underreported significantly due to the 
cultural stigma attached to victims and their families. According to 
UNMIK, victim advocates provided services to victims in 31 cases of 
rape. During the year, courts processed 42 cases of rape resulting in 
52 convictions, some cases involving multiple defendants.
    There were no governmental agencies dedicated to dealing with 
family violence; however, four shelters assisted victims of domestic 
violence and trafficking, two run by local NGOS and two by 
international NGOs. Several domestic and international NGOs pursued 
activities to assist women; however, they were constrained by a 
tradition of silence about domestic violence, sexual abuse, and rape.
    The law prohibits prostitution, but prostitution remained 
prevalent. The UNMIK Police Trafficking and Prostitution Investigation 
Unit (TPIU) actively investigated cases of prostitution and suspected 
trafficking in persons (see Section 5, Trafficking). Trafficking in 
women for the purpose of sexual exploitation was a serious problem (see 
Section 5, Trafficking).
    There was no specific law against sexual harassment. Social 
awareness of sexual harassment remained low, and few cases were 
reported.
    Women have the same legal rights as men, but traditionally not the 
same social status, which affected their treatment within the legal 
system. Despite a lack of legal impediments, relatively few women 
obtained upper-level management positions in commerce or government. 
Traditional social attitudes toward women resulted in discrimination. 
In some rural areas, women often had little ability to make decisions 
involving their children or to exercise control over property. While 
women and men have equal rights to inherit property under Kosovo law, 
family property customarily passes only to men. Albanian widows, 
particularly in rural areas, risked losing custody of their children 
due to a custom calling for children and property to pass to the 
deceased father's family, while the widow returns to her birth family.
    In June, UNMIK ratified the Law on Gender Equality, the first law 
initiated by an Assembly committee rather than by the Government. The 
UNMIK Office of Gender Affairs coordinated gender issues. During the 
year, UNMIK transferred authority over 26 Albanian and 4 Serb municipal 
gender officers to the Office of Gender Issues in the Prime Minister's 
Office of Good Governance. Ministries completed the appointment of 
ministry-specific ``gender focal points''; however, officials who also 
held unrelated responsibilities often ignored gender issues.
    UNMIK police and the OSCE continued an outreach campaign to recruit 
women for the KPS, in which they made up 15 percent of KPS membership. 
However, only approximately 77 out of 3,000 active duty KPC members 
were women (3 percent). Women continued to be active in politics, and 
several women served as heads of domestic NGOs. While the number of 
women with jobs continued to increase, female unemployment remained 
high at around 70 percent, and very few rose to senior levels, 
including in the KPS or other government organizations.

    Children.--UNMIK and the PISG were generally committed to the 
welfare and rights of children. The Ministry of Education, Science, and 
Technology and the Ministry of Health shared responsibility for issues 
related to child education and health; however, no one in the 
government dealt specifically with the issue of children's rights. A 
new Juvenile Justice Code entered into effect on April 20.
    UNMIK regulations made enrollment in public school mandatory for 
children between the ages of 6 and 15, with some exceptions; however, 
some children from minority communities did not attend school due to 
security concerns. Primary education was compulsory, free, and 
universal. According to the Ministry of Education, the vast majority of 
school-age children under 15 attended school. Forty-six percent of 
children attended the nonobligatory secondary school, 43 percent of 
whom were female. Some children were forced to leave school early to 
work (see Section 6.d.).
    UNMIK regulations require equal conditions for school children of 
all communities and accommodated minority populations by providing the 
right to native-language public education through secondary level. 
Schools teaching Serbian, Bosnian, and Turkish languages operated 
during the year. Enrollment for both Serb and Albanian children at the 
primary level was almost universal; however, at the secondary level, 
there was a marked gender and ethnic disparity, with lower rates of 
attendance and completion for Kosovo Albanian girls than for Kosovo 
Albanian boys or Kosovo Serb girls. A lack of freedom of movement and 
reluctance to depart from a Belgrade based curriculum led Kosovo Serb 
children to attend neighborhood schools that were sometimes housed in 
inadequate facilities and lacked basic equipment. Few schools in Kosovo 
house both Serb and Albanian pupils, who study different curricula.
    UNMIK regulations provided for the licensing and funding of the 
Serb-run North Mitrovica University; however, UNMIK revoked its license 
during the year because of the illegal appointment of a new rector. 
This situation had not been resolved by year's end.
    Romani, Ashkali, and Egyptian children attended mixed schools with 
ethnic Albanian children but reportedly faced intimidation in some 
majority Albanian areas. Romani children tended to be disadvantaged by 
poverty, leading many to start work at an early age to contribute to 
family income. Bosniak children were able to obtain some primary 
education in their own language, but faced a lack of trained Bosniak 
teachers. The Ministry also provided an expedited registration process 
for displaced minority children at the secondary and the higher 
education levels. On August 30, the OSCE and the Ministry of Education, 
Science, and Technology concluded a 4-week training course for 28 
Romani teachers to establish a Romani minority curriculum. Albanian IDP 
children were not allowed access to the local school in the village of 
Biti in the majority-Serb Strpce municipality.
    Humanitarian aid officials primarily blamed a high rate of infant 
and childhood mortality, as well as increasing epidemics of preventable 
diseases, on poverty that led to malnutrition, poor hygiene, and poor 
public sanitation. Public health conditions were especially poor among 
displaced persons and parts of the Romani community.
    There were reports of child abuse, although it was not believed to 
be widespread. The Ministry of Labor and Social Welfare (MLSW) operated 
31 centers for social welfare that assisted 1,200 orphans, 1,100 
delinquent children, 50 abused children, and 120 children with 
behavioral problems during the year. The MLSW also managed foster homes 
and coordinated with NGOs to place children in the temporary shelters. 
High unemployment and family dislocation resulted in a high rate of 
child abandonment. Since the domestic adoption rate and foster family 
programs did not keep pace with the rate of abandonment, infants and 
children were sometimes housed in group homes with few caretakers. 
Since the end of war in 1999, Kosovars reportedly have abandoned 450 
children, largely due to poverty, low level of education, and unwanted 
or unplanned pregnancy. Children with disabilities were often hidden 
away without proper care, particularly in rural areas. Children and 
their families, mostly Serbs, remained displaced following the 1999 
war, and additional families were displaced following the March riots.
    Child labor was a serious problem (see Section 6.d.). Children were 
trafficked to and through Kosovo for the purpose of sexual exploitation 
(see Section 5, Trafficking).
    The Kosovo Child Rights Forum broadened its membership to include 
eight local and seven international NGOs during the year to address the 
gap in coordination among NGOs on children's issues. Save the Children 
initiated an advocacy project together with the local NGO, HANDIKOS, 
promoting rights of children with special needs. A Coordinator for 
Children's Rights was also appointed in the Prime Minister's Office of 
Good Governance and in the Ministry of Education.

    Trafficking in Persons.--UNMIK regulations criminalize trafficking 
in persons; however, trafficking of women and children remained a 
serious problem. There was evidence of both international and local 
official involvement in trafficking.
    Conviction for trafficking in persons is punishable by 2 to 20 
years in prison. Engaging or attempting to engage in trafficking is 
punishable by 2 to 12 years in prison, or up to 15 years if the victim 
is a minor; organizing a group to engage in trafficking is punishable 
by 5 to 20 years in prison; facilitating trafficking through negligence 
is punishable by 6 months to 5 years in prison. A client engaging in 
sex with a victim of trafficking may be sentenced for up to 5 years in 
prison, while sex with a trafficked minor carries penalties of up to 10 
years in prison. The sentence for sexual intercourse through use of 
violence (rape) is 1 to 10 years in prison; for sexual intercourse with 
a girl under 14 is 1 to 5 years in prison. Penalties are slightly more 
severe under the trafficking regulation and can apply to perpetrators 
not directly involved in sexual relations.
    Efforts were made by UNMIK, the PISG, international organizations, 
and NGOs to combat trafficking. Despite considerable improvements to 
UNMIK's antitrafficking efforts during the year, low prosecution rates 
and sentence lengths, as well as failure of police to adapt to new 
techniques increasingly employed by traffickers, were serious problems. 
UNMIK's Trafficking and Prostitution Investigation Unit (TPIU) arrested 
56 persons for trafficking in human beings and made another 21 arrests 
for trafficking related offenses, resulting in 39 new trafficking cases 
filed by the office of the prosecutor. While precise data was not 
available at year's end, the majority of such cases resulted in 
convictions. In November, KPS officers, with assistance from the TPIU, 
arrested five Kosovo Albanians suspected of human trafficking; three of 
the defendants were convicted and sentenced to prison terms of 2 to 4 
years. Victims often elected repatriation before testifying against 
traffickers, which undermined effective prosecutions. The low rate of 
convictions and short sentences further compounded this reluctance to 
testify. Other factors that contributed to the low number of 
prosecutions included the increasing sophistication of organized crime 
efforts to avoid direct links between the victims and senior crime 
figures, lack of a witness protection program, and inadequate training 
for judicial personnel.
    Coordination of the antitrafficking effort is the responsibility of 
UNMIK police, including TPIU, KPS, and border police, UNMIK Department 
of Justice, including the UNMIK's VAAU, the OSCE, the Prime Minister's 
Office of Good Governance, and the Ministries of Health, Education, 
Public Services, and Labor and Social Welfare. UNMIK actively 
investigated trafficking. During the year, the TPIU conducted 60 raids, 
477 regular operations, and 25 covert operations, and inspected 2,386 
premises, resulting in a list of 206 off-limits premises and the 
closing of 76 premises suspected of involvement in trafficking.
    Kosovo is a source, transit, and destination point for trafficked 
persons. Internal trafficking was a growing problem. As in previous 
years, the vast majority of victims were women and children trafficked 
from Eastern Europe into Kosovo for the purpose of sexual exploitation, 
and through Kosovo to Macedonia, Albania, and Western Europe. There are 
no reliable statistics of the overall scale of the trafficking problem 
in Kosovo. CPWC assisted 59 victims of trafficking during the year, of 
whom 88 percent were female, 70 percent were minors, 84 percent were 
residents, and 78 percent were Albanians. The IOM, which primarily 
focused on cross-border trafficking, assisted 58 victims, including 17 
locals. IOM figures indicated that about half of Kosovar victims were 
internally trafficked, followed by about 20 percent to Macedonia, 10 
percent to Albania and Italy, and 6 percent to other destinations in 
Western Europe. The TPIU worked with both of these organizations and 
others to assist a combined total of 48 victims, of whom 11 were 
residents and 32 were repatriated to their countries of origin, mainly 
Moldova and Albania.
    International victims were trafficked to Kosovo almost exclusively 
from Eastern Europe, the Balkans, and the former Soviet Union. 
According to IOM, over 50 percent of assisted international victims 
trafficked into Kosovo since 2000 were from Moldova, 22 percent from 
Romania, 13 percent from Ukraine, and the rest from Bulgaria, Albania, 
Russia, and Serbia, while just under 5 percent were originally from 
Kosovo. Serbia was the entry point into Kosovo for 55 percent of 
trafficking victims, Macedonia for 24 percent, and Albania for 5 
percent. Women from Moldova have also been trafficked into Kosovo 
through Austria and Switzerland. Some women were trafficked through 
Kosovo to Macedonia, Albania, Italy, and other Western European 
destinations.
    According to CPWC, Kosovar victims were overwhelmingly women under 
age 18 from poor, ethnic Albanian families. Based on the experiences of 
local victims assisted by IOM since 2002, a large number of victims 
were minors (62 percent), particularly young girls between the ages of 
13 and 15; the youngest reported victim was 12 years old. The overall 
number of cases involving minors increased during the year. Local 
children and young girls from rural areas were particularly at risk of 
being trafficked, as were those from urban areas plagued with a high 
level of poverty, unemployment, and illiteracy. According to a 2003 IOM 
report, prior abuse in the family and financial hardship were the 
strongest determining factors for potential victims of trafficking; 70 
percent of victims were poor and over 80 percent lacked a high school 
education. Their families reportedly sold some victims.
    Most trafficking in Kosovo was conducted for the purpose of sexual 
exploitation, but some victims were also subjected to forced labor 
through domestic servitude or in bars and restaurants. Trafficking 
victims worked primarily in the sex industry, mostly in brothels and 
nightclubs, and increasingly in private residences. Less than 5 percent 
reported that they were aware that they would be working in the sex 
industry when they left their homes. Trafficking victims reported that 
they were regularly subjected to beatings, rape, denial of access to 
health care, and confiscation of their travel and identity documents. 
Victims were often found in poor health and psychological condition. 
Victims reported being beaten in 79 percent of cases examined by the 
IOM.
    Methods of trafficking increased in sophistication. In reaction to 
an aggressive eradication campaign by the TPIU, traffickers 
increasingly shifted the commercial sex trade out of public bars and 
clubs and into private homes, where operations were more difficult to 
detect. Traffickers increasingly used financial incentives to encourage 
victims of trafficking to refuse assistance. The IOM reported that of 
the 409 (mostly international) victims it has assisted since 2000, 75 
percent were recruited through false job promises, while 8 percent were 
forced or kidnapped. In 45 percent of the cases, the recruiter was an 
acquaintance of the victim, and in about 10 percent of the cases, the 
recruiter was a friend or family friend. Recruiters were more often 
female than male. The pattern for Kosovar victims differed somewhat; 
fewer Kosovar victims (33 percent) were recruited through false job 
promises, and more (25 percent) through force or false marriage 
proposals (20 percent).
    Traffickers often worked as part of a coordinated effort between 
Kosovo Serb and Kosovo Albanian organized crime elements, with Serbia 
acting as a particularly active transit hub for trafficked victims from 
Eastern Europe into and through Kosovo. The Kosovo Organized Crime 
Bureau (KOCB) was responsible for investigating these cases but had not 
yet developed adequate cooperation mechanisms with specialized units 
such as the TPIU. Bar and brothel owners purchased victims from 
organized crime rings. The majority of clients of women trafficked for 
sexual exploitation were young men. Approximately 80 percent of the 
clients of women trafficked for sexual exploitation were local 
residents, while approximately 20 percent were international persons. 
Amnesty International (AI) released a report in May arguing that the 
presence of peacekeepers in Kosovo fueled the sexual exploitation of 
women and encouraged trafficking, and that some peacekeepers were 
directly involved in trafficking. The report claimed that international 
personnel made up about 20 percent of the persons using trafficked 
women and girls, even though its members comprise only 2 percent of 
Kosovo's population.
    The PISG and UNMIK international administration acknowledged the 
problem of trafficking in persons, and made strong efforts to address 
the problem in practice. UNMIK and PISG authorities do not officially 
condone trafficking; however, there was anecdotal evidence that such 
practices occurred. Some local prosecutors reported instances in which 
the same lawyer represented an accused trafficker as well as the 
victim. Also, anecdotal evidence suggested the existence of a complex 
set of financial relationships and kinship ties between both political 
leaders and organized crime networks that have financial interests in 
trafficking. At year's end, there were 200 establishments on UNMIK's 
list of off-limits premises, with 70 percent of those in Prizren and 
Gnjilane, close to the Macedonia and Albania borders. There were no 
cases of international personnel caught in the act of soliciting or 
engaging in prostitution; however, 5 KFOR soldiers in Mitrovica and an 
UNMIK police commander were found in off-limits premises and sent home 
in 2003. The June 2003 case against an UNMIK police officer and three 
Kosovo Albanians arrested on suspicion of involvement in a child 
prostitution ring was dismissed due to insufficient evidence gathered 
from the victims' testimony. However, the investigation of a Pakistani 
officer involved in the case was ongoing at year's end.
    Responsibility for victim assistance fell mostly to the PISG, but 
lacking adequate capacity and resources, it was led by international 
and local NGOs. While UNMIK, the OSCE, and the IOM did not directly 
provide shelter for domestic victims, they worked with international 
and local NGOs, such as UMCOR and CPWC, which operated shelters that 
provided medical care and psychological counseling services to victims 
of trafficking. An interim secure facility also provided temporary 
shelter to victims while they considered whether to be repatriated or 
to testify against traffickers. Police through OSCE regional officers 
referred suspected victims to the IOM for an initial interview.
    Increased awareness of trafficking led to considerable progress on 
victim protection. UNMIK regulations provided a defense for victims of 
trafficking against criminal charges of prostitution and illegal border 
crossing; however, a few local judges sometimes incorrectly sentenced 
trafficking victims to jail. Some local judges wrongly issued 
deportation orders against women convicted of prostitution or lack of 
documents; however, UNMIK did not enforce such deportation orders. 
Victims who did not accept assistance from the IOM were released but 
were subject to rearrest, short jail sentences, and deportation if they 
continued to work as prostitutes. Victims were encouraged to provide 
information for criminal prosecutions. UNMIK's VAAU provided legal 
counsel and assistance to trafficking victims. According to the TPIU, 
almost all victims were reluctant to testify in court in front of their 
traffickers and were permitted to provide evidence directly to 
prosecutors with IOM representatives or other advocates present. Lack 
of adequate witness protection remained a serious problem throughout 
the Kosovo criminal justice system. Cultural taboos and the threat of 
social discrimination caused most repatriated Kosovar victims to remain 
silent about their experience.
    Prevention campaigns were led by international organizations and 
NGOs, particularly the IOM, which worked to increase local awareness 
and to prevent trafficking. The Prime Minister's Office of Good 
Governance in cooperation with the Ministry of Education, developed 
antitrafficking educational materials used in elementary and secondary 
school curricula. The IOM completed public awareness campaigns to 
prevent trafficking in 2003 and worked on another campaign targeting 
vulnerable populations, especially young women. The VAAU leads UNMIK's 
role on education efforts to prevent trafficking, including the 
establishment of a hotline for victims of trafficking.

    Persons With Disabilities.--UNMIK regulations prohibit 
discrimination against persons with disabilities in employment, 
education, access to health care, and in the provision of other state 
services; however, there was considerable discrimination in practice 
despite some improvements during the year. Other laws addressed aspects 
of disability issues, such as a law on pensions for persons with 
disabilities over the age of 18, and on education that provided 
separate classrooms for persons with disabilities; however, in 
practice, these laws were not yet fully implemented and faced practical 
obstacles, such as lack of transportation for children with special 
needs, lack of a centralized commission to evaluate children's needs, 
inadequate facilities, and crowded classrooms.
    Relevant ministries were responsible for protecting the rights of 
persons with disabilities, including the Ministries of Education, 
Health, Social Welfare, and Public Services. There were no specific 
social welfare provisions for the estimated 14,000 persons with mental 
disabilities. The law did not meet international standards and there 
was no expertise on the issue of the rights of persons with 
disabilities. There continued to be no guardianship laws with 
appropriate due process protections. For instance, the law does not 
recognize the placement of individuals in institutions and treatment 
against their will (involuntary treatment) as two different legal 
issues. High unemployment rates placed particular burdens on job 
seekers with disabilities. The law mandates access to official 
buildings; however, it was not enforced in practice.
    In the absence of UNMIK and PISG social services for persons with 
disabilities, the local NGO Handikos was the only provider of extensive 
services for persons with physical disabilities in Kosovo; however, 
Handikos had no presence in the Serb-dominated northern municipalities.
    The NGO Mental Disability Rights International (MDRI) has promoted 
rights for persons with mental disabilities since publication of its 
2002 report, which found extensive evidence of neglect, physical abuse, 
sexual assault, and arbitrary detention at mental health care 
facilities. Staff and patients at the Shtimje Institute, the Pristina 
Elderly Home, and the Pristina University Hospital reportedly committed 
these abuses, but no criminal charges were filed by year's end. The 
programs were a product of policies established by UNMIK; however, 
UNMIK had largely transferred responsibilities for persons with 
disabilities to local personnel. UNMIK also established ``boards of 
visitors'' to provide oversight of group homes; however, MDRI said the 
boards were not independent and lacked expertise in human rights 
monitoring. In July 2003, MDRI issued another report alleging that, 
despite improvements in facilities, UNMIK failed to protect patients' 
rights and create safe alternatives to institutional care in the 
community, which UNMIK denied. Facilities and training have since 
improved significantly. In response to MDRI's report, the PISG spent 
$2.7 million (2 million euros) in 2003 to renovate Shtimje institution 
and fully utilize its original capacity of 300; it was occupied by 194 
residents at year's end. MDRI alleged that patients were detained with 
no legal basis, since there is no law to regulate the process of 
committing persons to psychiatric or social care facilities or to 
protect rights within institutions. Following MDRI's suggestions, the 
PISG decided to expand options for independent living in the 
integration homes endorsed by MDRI.
    On occasion, individuals in need of mental health treatment were 
convicted of fabricated or petty crimes and ended up in the prison 
system, which lacked resources for adequate treatment; however, MDRI 
trained some KPS officers to help prevent this. Additionally, despite 
documented abuses, no one in Kosovo has been punished for mistreatment 
of persons with mental disabilities.
    In October, the OI criticized the Pristina University Clinic Center 
for housing prisoners with mental disabilities in the same ward as 
other patients and reported that some cases of incarceration of 
mentally ill patients in the psychiatric ward constituted illegal 
detention. In response, Kosovo prison authorities took over management 
of the psychiatric ward at Pristina University Clinic. UNMIK also built 
separate detachments for these prisoners in hospitals in Peje and 
Prizren in 2003, but not in Pristina.

    National/Racial/Ethnic Minorities.--Although UNMIK regulations and 
the Constitutional Framework protect ethnic minorities, in practice, 
Kosovo's most serious human rights problem was pervasive social 
discrimination and harassment against members of minority communities, 
particularly Serbs but also Roma, Ashkali, and Egyptians, with respect 
to ployment, social services, language use, freedom of movement, the 
right to return, and other basic rights. Violence and property crime 
directed at sovo's minorities remained serious problems.
    The March riots, which targeted Serbs, Roma and Ashkali, were the 
most serious outburst of violence and destruction since the 1999 
conflict. UNMIK police recorded approximately 1,100 ethnically 
motivated crimes during the year, the vast majority (859) committed 
during March. Excluding the March riots, the 172 incidents suspected of 
having an ethnic motivation constituted a moderate increase (18 
percent) over the 138 incidents last year. Overall, property crimes 
increased and crimes against persons declined for the first time since 
1999; 59 percent of the incidents were property related offenses. 
However, according to UNMIK's Office of Community Affairs, incidents 
targeting minorities were generally underreported due to distrust of 
the KPS and the Kosovo legal system. In the latter half of the year, 
NGOs recorded approximately 10 incidents per week, over twice the 
number recorded by UNMIK police. These crimes included low-level crimes 
such as incidents of stoning, assaults, and harassment of Serbs and 
other minorities, as well as property crimes such as arson and 
vandalism, which occurred on almost a daily basis throughout Kosovo.
    Approximately 62 killings occurred during the year, including 20 
deaths as a result of the March violence; 11 of the victims were Serbs, 
including 8 during the March riots. Outside of the March riots, Kosovo 
Serbs were victims of three killings, three attempted killings, and one 
serious attack, including the following: The double killing in Lipljan 
on February 19, the attempted killing of a teenager in Caglavica on 
March 15, the killing of teenager Dmitry Popovic in Gracanica on May 6, 
the attempted killing in Zubin Potok on May 27, the explosive attack on 
a Kosovo Serb family working in a Vitina/Viti field on June 10, and the 
attempted killing in Lipljan on October 1.
    Increased violence, particularly during the March riots, may have 
been politically motivated and to some extent coordinated by ethnic 
Albanian extremists. Some Kosovo government leaders were slow to 
condemn the violence, exacerbating the problem and helping to 
legitimize the severe social abuse of minorities. Reports by 
international NGOs such as Human Rights Watch and AI, as well as the 
OSCE, asserted that UNMIK, KFOR, and KPS could have done more to 
protect minorities in the period following the March riots.
    The March 16 drowning of three Kosovo Albanian children from Cabra 
village in Zubin Potok Municipality ignited the March riots; the 
surviving child claimed Kosovo Serbs had chased them into the Ibar 
River with a dog. The media, prior to police and judicial 
investigations, reported this story. In addition, the drive-by shooting 
on March 15 of a 19 year old Kosovo Serb male in the Serb village of 
Caglavica in the Pristina region caused local Serbs to block the main 
Pristina Skopje highway. On March 16, approximately 18,000 Albanians 
attended prescheduled demonstrations against the arrests of ex KLA 
members by UNMIK Police. On March 17, demonstrations by Albanians 
started in Mitrovica to protest the drownings and in Pristina against 
the Serb roadblocks in Caglavica and Gracanica. Unrest soon spread to 
other parts of Kosovo and became increasingly violent. It appeared that 
there was a pattern to destroy Serb property and to expel the Serb 
population from enclaves in southern Kosovo. As a result of the riots, 
20 persons were killed, including 8 Kosovo Serbs and 12 Kosovo 
Albanians, more than 900 were injured, more than 900 Serb, Romani, and 
Ashkali houses and 30 orthodox churches or monasteries were burned or 
severely damaged, and over 4,000 Serbs, Ashkalis, and Roma were made 
homeless.
    After public order was restored, police and KFOR commenced large-
scale operations to apprehend those responsible for the riots. By June, 
over 270 persons had been arrested on a wide range of charges related 
to the riots, including murder, attempted murder, arson, and looting. 
UNMIK recruited 100 additional police investigators, 6 prosecutors, and 
3 judges to boost its investigative capability. By mid-June, 
international prosecutors were managing 52 of the most serious cases. 
The KPS internal affairs unit, run by UNMIK police officers, started 
100 disciplinary investigations against KPS officers for failure to act 
and involvement in the riots. Of the seven people originally detained 
on suspicion of organizing or leading the March riots, criminal 
investigations were ongoing in four cases: KPC reserve commander, Naser 
Shatri; Chairman of the KLA War Veterans Association in Peja, Nexhmi 
Lajci; Chairman of the KLA War Veterans Association in Gjilan, Shaqir 
Shaqiri; and Chairman of the KLA War Veterans Association in Vushtrri, 
Salih Salihu. At year's end, the PISG had reconstructed over 90 percent 
of the damaged or destroyed houses, but church reconstruction remained 
frozen for political reasons (see Section 2.c.).
    No progress was made during the year in investigating or 
prosecuting 2003 cases of violence against Serbs.
    Civilians were responsible for the destruction, often through 
arson, of private property. The reported phenomenon of ``strategic 
sales'' of property persisted. There was evidence that Kosovo Albanians 
in several ethnically mixed areas used violence, intimidation, and 
offers to purchase property at inflated prices in order to break up and 
erode Kosovo Serb neighborhoods. For example, on May 26, a 35-year-old 
Kosovo Serb farmer was seriously wounded from gunfire from an unknown 
assailant in a neighboring, predominant Albanian village. Some cases of 
violence against Serbs may have been attempts to force persons to sell 
their property. An UNMIK regulation prevents the wholesale buy out of 
Kosovo Serb communities and seeks to prevent the intimidation of 
minority property owners in certain geographic areas; however, it was 
rarely enforced. Some municipalities were excluded from this regulation 
at their request. The Kosovo OI and human rights groups criticized the 
regulation as limiting the ability of Kosovo Serbs to exercise their 
property rights.
    Kosovo Serbs also faced difficult conditions in the Republic of 
Serbia proper. For example, on May 23, a 14-year-old Kosovo Serb boy 
was killed on a school fieldtrip to the Republic of Serbia. After being 
harassed by a group of older Serbs, the boy was struck, lost his 
balance, and fell from a fortress to his death. Criminal proceedings in 
Serbia against the youths were ongoing at year's end.
    Kosovo Serbs experienced societal discrimination in education and 
health care, but these services continued to be supplemented by funding 
from the SaM Government through the Coordination Center for Kosovo and 
parallel institutions, such as the hospital in North Mitrovica. 
Minority employment in the PISG continued to be low and confined to 
generally subordinate levels of the Government. In the PISG ministries, 
minorities occupied only about 10 percent of the posts, despite a PISG 
target of over 16 percent, and the overall percentage of minorities 
employed by the PISG has shown a downward trend.
    The Turkish community was more closely integrated with Kosovo 
Albanians and felt the impact of social discrimination less than other 
minorities. Roma lived in dire poverty. Viewed as Serb collaborators by 
many Kosovo Albanians, they also suffered pervasive social and economic 
discrimination. They often lacked access to basic hygiene and medical 
care, as well as education, and were heavily dependent on humanitarian 
aid. Although there were some successful efforts to resettle Roma, 
Ashkali, and Egyptians in their prior homes, security concerns 
persisted. Bosniak leaders continued to complain that thousands of 
their community members had left Kosovo because of discrimination and a 
lack of economic opportunity.

    Other Societal Abuses and Discrimination.--Traditional societal 
attitudes about homosexuality in Kosovo intimidated most gays and 
lesbians into concealing their sexual orientation. Gays and lesbians 
generally felt insecure, with many reporting threats to their personal 
safety. Kosovo print media reinforced these attitudes by publishing 
negative articles about homosexuality that characterized gays and 
lesbians as being mentally ill and prone to sexually assaulting 
children. Individual homosexuals also reported job discrimination. 
Kosovo's newly passed Antidiscrimination Law included protections 
against discrimination based on sexual orientation; however, the law 
was not applied during the year. At least one political party, the 
Islamic-oriented Justice Party, included a condemnation of 
homosexuality in its political platform.

    Incitement to Acts of Discrimination.--International observers and 
the Temporary Media Commissioner accused Kosovo print and particularly 
broadcast media of inciting violence during the March riots (see 
Section 2.a.).
Section 6. Worker Rights
    a. Right of Association.--UNMIK regulations allow workers to form 
and join unions of their choice without previous authorization or 
excessive requirements, and workers exercised this right in practice. 
The only significant union, the Confederation of Independent Trade 
Unions of Kosovo (BSPK), claimed over 120,000 registered members, or 
about 6 percent of the total population; only 10 percent of its members 
were employed. UNMIK regulations prohibit antiunion discrimination; 
however, some union officials reported discrimination in practice. BSPK 
reported that the regulation preventing antiunion discrimination was 
respected by only a small number of firms and claimed that worker 
rights were abused in every sector, including international 
organizations, where staff did not have access to security insurance or 
pensions.

    b. The Right to Organize and Bargain Collectively.--UNMIK 
regulations allow unions to conduct their activities without 
interference, and UNMIK protected this right in practice. UNMIK 
regulations also provides for the right to organize and bargain 
collectively without interference, and the Government did not restrict 
this right in practice; however, collective bargaining rarely took 
place. UNMIK regulations do not recognize the right to strike; however, 
strikes were not prohibited and several strikes occurred during the 
year.
    There are no export processing zones.

    c. Prohibition of Forced or Compulsory Labor.--UNMIK regulations 
prohibit forced or compulsory labor, including by children; however, 
there were reports that such practices occurred (see Sections 5 and 
6.d.).

    d. Prohibition of Child Labor and Minimum Age for Employment.--
UNMIK regulations protect children from exploitation in the workplace, 
including a prohibition of forced or compulsory labor and policies 
regarding acceptable working conditions; however, the Government did 
not always enforce these policies in practice. The pre-1989 labor laws 
that remain in force set the minimum age for employment at age 16 and 
at age 18 for any work likely to jeopardize the health, safety, or 
morals of a young person but permit children to work at age 15, 
provided such work is not harmful to the child or prejudicial to school 
attendance.
    In villages and farming communities, younger children typically 
worked to assist their families. Urban children often worked in a 
variety of unofficial retail jobs, such as washing car windows or 
selling newspapers, cigarettes, and phone cards on the street. Some 
also engaged in physical labor, such as transporting goods. The number 
of these children working on the streets rose sharply since 1999, as 
large numbers of rural families resettled in cities after the conflict. 
According to one study, almost half of the children who worked such 
street jobs lived in rural villages before the 1999 conflict, and 20 
percent commuted from villages to work in the cities. Almost 90 percent 
of the children interviewed said they were forced into such work by 
poverty, and over 80 percent said they worked up to 9 hours a day to 
support unemployed parents, often preventing school attendance. 
Primarily male children between the ages of 8 and 14 worked on the 
streets, but they also recorded children as young as age 6. There were 
no real employment opportunities for children in the formal sector. 
Trafficking of children was also a serious problem, mostly for 
prostitution (see Section 5).
    The MLSW, in cooperation with the UNMIK DOJ, coordinated child 
protection policies, and the MLSW Department of Social Welfare has the 
responsibility for implementing interventions for the care and 
protection of children. In June, the International Program on the 
Elimination of Child Labor under the International Labor Organisation 
organized Kosovo's first workshop to establish a child labor monitoring 
system and signed a memorandum of understanding with UNMIK on child 
labor prevention.
    Local and international NGOs, such as Save the Children, began 
children's rights campaigns to raise awareness of these issues.

    e. Acceptable Conditions of Work.--UNMIK regulations provide for a 
minimum wage, but did not set its level. While many international 
agencies and NGOs paid adequate wages, the average full-time monthly 
public sector wage of $204 (151 euros) and the average private sector 
wage of $281 (208 euros) were insufficient to provide a decent standard 
of living for a worker and family.
    UNMIK regulations provided for a standard 40-hour work week, 
required rest periods, limited the number of overtime worked to 20 
hours per week and 40 hours per month, required payment of a premium 
for overtime work, and prohibited excessive compulsory overtime. 
Employers often failed to implement these regulations under conditions 
of high underemployment and unemployment.
    Labor inspectors enforced health and safety standards, and the 
Kosovo Assembly passed a Law on Labor Inspectorate in 2003; however, it 
had not been implemented by year's end. The law does not permit 
employees to remove themselves from dangerous workplaces without 
jeopardizing their continued employment.

                               montenegro
    Montenegro is a constituent republic of the state union of Serbia 
and Montenegro (SaM). Montenegro has a president and a parliamentary 
system of government. Filip Vujanovic was elected President in May 
2003. A coalition led by Milo Djukanovic (currently prime minister) won 
a majority of seats in Parliament in 2002 elections. International 
monitors deemed both elections generally free and fair. The Montenegrin 
Government acted largely independently from the Republic of Serbia on 
most issues. Montenegro has a separate customs regime, a separate visa 
regime, its own central bank, and uses the euro rather than the 
Yugoslav dinar as its currency. The Constitution provides for an 
independent judiciary; however, courts often were subject to political 
influence and corruption and remained overworked and inefficient.
    The Republic's police, under the authority of the Ministry of 
Internal Affairs (MUP), have responsibility for internal security. The 
Montenegrin State Security Service (SDB), also located within the MUP, 
has authority to conduct surveillance of citizens. While civilian 
authorities generally maintained effective control of the security 
services, there were a few instances in which elements of the security 
forces acted independently of government authority. Some members of 
security forces committed human rights abuses.
    The economy, more market-based than state-owned, was mixed 
agricultural, industrial, and tourist-oriented. The population was 
approximately 686,000, including refugees and displaced persons from 
Kosovo. Real gross domestic product growth for the year was 
approximately 4.1 percent, and annual inflation was approximately 4 
percent. During the year, wages significantly outpaced inflation but 
remained low compared with the cost of living.
    The Government generally respected the human rights of its 
citizens; however, there were problems in some areas. Police at times 
beat and abused civilians. Impunity was a problem. Media independence 
was a problem. Pressure from politicians sometimes resulted in 
distorted coverage of events by state and some private media. Domestic 
violence and discrimination against women continued to be problems. 
Trafficking in women and children for sexual exploitation continued to 
be a problem. Some ethnic discrimination persisted, particularly with 
regard to Roma.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Arbitrary or Unlawful Deprivation of Life.--There were no 
reports of the arbitrary or unlawful deprivation of life committed by 
the Government or its agents.

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

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The law prohibits such practices; however, police 
occasionally beat suspects during arrest or while suspects were 
detained for questioning. The reported cases of police beatings were 
less severe and fewer in number than in previous years.
    There were no actions taken against the police officer responsible 
for the May 2003 beating of Igor Zindovic by year's end.
    The local state prosecutor initiated an investigation of police 
inspector Dobrasin Vulic and three other unidentified police officers 
for the August 2003 beating of Nikola Popovic. The investigation was 
ongoing at year's end.
    During the year, the local state prosecutor dropped disciplinary 
proceedings against two police officers for beating Izet Korac in 
October 2003, citing lack of evidence.
    During the year, three police officers were tried for the 2002 
beating of Darko Knezevic; one officer was given a suspended sentence 
of 7 months while the two other officers were acquitted.
    During the year, six police officers in Berane were tried for 
beating five Muslim men in Petnjica in 2002. One officer, a 
probationary recruit, was disciplined and fined 50 percent of his 
salary, and his contract was not renewed. The other five officers were 
acquitted.
    Prison conditions generally met international standards; however, 
some problems remained. Prison facilities were antiquated, overcrowded, 
and poorly maintained. Due to inadequate prison budgets, prisoners 
often had to obtain hygienic supplies from their families, although the 
prisons provided basic supplies to those who could not obtain them 
otherwise.
    Women were held separately from men. The law mandates that 
juveniles be held separately from adults and pretrial detainees be held 
separately from convicted criminals; however, in practice, this did not 
always occur due to overcrowding.
    The Government permitted prison visits by human rights observers, 
including the International Committee of the Red Cross and local 
nongovernmental organizations (NGOs). The Ombudsman, elected by 
Parliament in 2003, had the right to visit detainees and prisoners at 
any time, without prior notice. The Ombudsman's office routinely made 
prison visits, meeting with detainees and inmates.

    d. Arbitrary Arrest or Detention.--The law prohibits arbitrary 
arrest and detention, and, unlike in previous years, the Government 
generally observed these prohibitions.
    The MUP controls both National and Border Police. These two 
services generally were effective in maintaining basic law and order; 
however, their effectiveness in fighting organized crime was limited. A 
sizable percentage of the police force was made up of Bosniaks (Bosnian 
Muslims), many of whom were deployed in a predominantly Muslim area in 
the north known as the Sandzak. Impunity was a problem. The Government 
investigated some police abuses. Criminal procedures and sentences 
against police were rare; when initiated, they were often prolonged 
with convictions resulting in minor penalties.
    Corruption was a problem; the small, close-knit society discouraged 
reporting corruption and provided criminals access to law enforcement 
officers.
    The international community provided substantial financial and 
technical assistance to upgrade the quality of training and facilities 
for the police, with a special focus on combating trafficking in 
persons. Assistance also was provided to train the police to better 
combat organized crime.
    The new Criminal Procedure Act took effect in April, and replaced 
all previous criminal procedure laws. The act defines the authority of 
police in pretrial processes and permits police involvement in these 
processes only with the approval of a judge. Training of police lagged, 
hampering full implementation of the new act; however, reported 
beatings of prisoners in pretrial detention declined. The law also 
contains new measures for combating organized crime and for in-court 
witness protection. The Organization for Security and Cooperation in 
Europe (OSCE) noted that the act strengthens protection of human rights 
and freedoms of citizens while giving more power to police, 
prosecutors, and courts to combat the most serious criminal offenses.
    Arrests require a judicial warrant or ``high suspicion that the 
suspect committed an offense.'' A suspect could be detained for up to 
48 hours before being taken before a judge; the law provides for access 
to an attorney in this initial period, which in at least some cases did 
occur. Most abuses occurred in this initial detention period (see 
Section 1.c.). There is no general requirement for a juvenile suspect 
to have an adult present during police interrogation; however, if a 
juvenile faces a sentence of 5 years or more, an attorney must be 
present. If a criminal case goes to trial for a crime with a possible 
sentence greater than 5 years, a lawyer must be appointed if the 
defendant cannot afford one. There is a system of bail; however, it was 
not widely used because citizens could rarely raise money for bail. 
Pretrial prisoners were permitted visits by family members and friends, 
and this was generally respected in practice. Long trial delays, 
combined with the difficulty in meeting conditions for bail, 
occasionally led to lengthy pretrial detention.

    e. Denial of Fair Public Trial.--The Constitution provides for an 
independent judiciary; however, a historical lack of cooperation 
between police and prosecutors, a backlog of cases, often primitive 
courtroom facilities, and corruption remained problems. The Government 
at times influenced prosecutors for political reasons.
    The court system consists of municipal, higher (or district), and 
supreme courts at the republic level. The 2002 Law on Courts mandates 
formation of an Appeals Court and an Administrative Court to reduce the 
burden on the Supreme Court; however, these new courts had not been 
formed by year's end.
    During the year, a Judicial Council was established and began 
functioning in accordance with the law. The Supreme Court President 
chairs the Council, and other members include judges, lawyers, and 
academics; no executive branch members are included. The Judicial 
Council selects and disciplines judges and handles court 
administration, such as preparation of the judiciary's budget request. 
The law also requires that cases be assigned to judges by rotation.
    The law provides for the right to a fair trial, the presumption of 
innocence, access to a lawyer, and the right of appeal; although the 
Government at times influenced the judiciary, these rights were 
generally respected in practice.
    There were no war crimes trials in Montenegro during the year.
    By the end of the year, the Supreme Court had not ruled on Nebojsa 
Ranisavljevic's appeal of the 2002 conviction by the Bijelo Polje 
District Court for a war crime committed in Bosnia. The HCM continued 
to pursue its request for an investigation of Dobrica Cosic.
    There were no reports of political prisoners.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The Constitution prohibits such actions; however, the 
law allows the SDB to eavesdrop on citizens without court 
authorization. Some observers believed that police used wiretapping and 
surveillance against opposition parties and other groups on a selective 
basis. Many individuals and organizations operated on the assumption 
that they were, or could be, under surveillance.
    Citizens could inspect secret files kept on them by the SDB from 
1945 to 1989; however, they did not have access to post-1989 files.
    Eviction of Roma from illegal settlements, and sometimes legal 
residences, was a problem (see Section 5).
    Unlike in the previous year, there were no reports that membership 
in the appropriate political party was a prerequisite for obtaining 
positions or advancing within certain parts of the Government.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The Constitution and laws provide 
for freedom of speech and of the press; however, there were some 
restrictions of freedom of the press in practice. Despite some steps to 
move away from government control of the media, certain media retained 
close ties to the Government. Officials brought or threatened libel 
suits when accused of wrongdoing. The motive for the May 27 killing of 
Dusko Jovanovic, the director and editor-in-chief of the leading 
opposition daily Dan, remained unknown at year's end; however, Dan and 
other media outlets called the killing a major attack on freedom of the 
press and journalistic safety. The Government indicted one suspect in 
connection with the killing and was seeking other suspects at year's 
end.
    The independent media was active and expressed a wide variety of 
political and social views without government restriction.
    The Media Law mandates regulatory structures designed to insulate 
former state-owned media from direct party control; these include a 
Radio and Television Council (RTVCG) which took over editorial 
oversight of the National Public Radio and Television from the 
Government. The Council was formed in 2003, with members selected by a 
variety of NGOs and professional groups; however, some observers noted 
that many Council members had close ties to the Government. Only one 
out of a dozen local, government owned newspapers was privatized; the 
other municipal-owned papers went out of publication due to lack of 
private capital.
    The print media consisted of private news outlets and one national 
state-owned newspaper, which published a wide variety of domestic and 
foreign articles. Domestic radio and television stations regularly 
broadcast programs from Belgrade's BK Television, Croatian National 
Television, Italian National Television, the British Broadcasting 
Corporation, Deutsche Welle, the Voice of America, and Radio Free 
Europe.
    During the year, radio and television stations could not get 
licenses to broadcast because of delays in transferring the regulatory 
authority from the Government to an independent regulatory body. The 
regulatory Broadcasting Agency was established in 2003; on December 29, 
it issued its first public tender for allocation of frequencies but had 
not begun allocating licenses by year's end.
    In support of efforts to pass a law on direct elections for the 
State Union parliament, on October 20, part of the opposition ended a 
16-month boycott of the Parliament. The opposition started the boycott 
when the RTVCG Council ordered that full coverage of Parliament cease 
in 2003, arguing that government domination of the media made it 
necessary for citizens to see unedited parliamentary coverage. On 
October 19, the editorial team of RTVCG declared that it would provide 
live coverage of all parliamentary sessions. Essentially all opposition 
parties returned to the Parliament by year's end; however, one party 
with one Member of Parliament remained out.
    There were no publicized cases of direct government censorship of 
the media; however, officials continued to bring libel suits against 
some media outlets, the newspaper Dan in particular, when the media 
accused them of wrongdoing. On September 20, the Basic Court in 
Podgorica fined the deputy editor-in-chief of Dan $18,900 (14,000 
euros), in a libel suit filed by Prime Minister Djukanovic. Dan had 
reprinted a Belgrade newspaper's article alleging Djukanovic's 
involvement in a notorious human trafficking case. A second libel case 
by Djukanovic against Dan, for printing an opinion piece asserting that 
Djukanovic used the services of trafficked women, ended when Dan's 
editor was acquitted by the court. Dan was fined $8,100 (6,000 euros) 
for defamation in a separate libel suit brought by the chief of the 
State Security Service. Despite the continued risk of libel suits, 
there continued to be a modest increase in the willingness of the media 
to criticize the Government.
    The appeal of former editor-in-chief of Dan, Vladislav Asanin, in 
the 2001 Djukanovic case remained pending at year's end.
    The Government did not restrict access to the Internet or academic 
freedom.

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

    c. Freedom of Religion.--The law provides for freedom of religion, 
and the Government generally respected this right in practice. There 
was no state religion, although the Montenegrin Constitution mentions 
the Orthodox Church, Islamic Religious Community, and Roman Catholic 
Church as equal and separate from the State, and the Serbian Orthodox 
Church received some preferential treatment in practice.
    While there was no formal registration requirement for religions, 
religious groups had to register as citizen groups with the Montenegrin 
MUP and the Republic Department of Statistics in order to gain status 
as a legal entity, which is necessary for real estate and other 
administrative transactions. There were no reported problems with 
registration in practice.
    There was no progress noted during the year on restitution of 
previously seized church property.
    Religion and ethnicity were intertwined closely and in many cases 
it was difficult to identify discriminatory acts as primarily religious 
or primarily ethnic in origin. Minority religious communities reported 
better cooperation with state organizations leading to increased 
ability to operate normally; however, some elements in society 
continued to discriminate against such communities.
    Tensions continued between the canonically unrecognized Montenegrin 
Orthodox Church and the Serbian Orthodox Church. These tensions stemmed 
from disputes over claims to the large patrimony of the Montenegrin 
Orthodox Church from before its absorption into the Serbian Orthodox 
Church in 1920 and over political questions. Pro-Serbian political 
parties strongly supported moves to establish the Serbian Orthodox 
Church as the official state religion, while proindependence parties 
pushed for the recognition of the Montenegrin Orthodox Church. 
Contention between the two churches was not marked by the level of 
violence seen in previous years; however, the Serbian Orthodox Church 
reported harassment and the failure of local police to intervene to 
prevent threatened violence.
    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 employ 
it.
    There were approximately 17,000 internally displaced persons (IDPs) 
from Kosovo. The majority of IDPs were ethnically Montenegrins or 
Serbs; however, there were also Roma (1,300) and others. Discrimination 
and harassment against Roma remained a serious problem (see Section 5).
    The law provides for the granting of refugee status to persons in 
accordance with the 1951 U.N. Convention Relating to the Status of 
Refugees or its 1967 Protocol. There is no law that provides for 
asylum. In practice, the Government provided some protection against 
refoulement, the return of persons to a country where they feared 
persecution. The Government granted refugee status. Such cases were 
referred to the office of the U.N. High Commissioner for Refugees 
(UNHCR) in Belgrade for determination. Refugees that the UNHCR 
determined had legitimate fears of persecution were then resettled 
elsewhere. Persons who entered Montenegro illegally claiming fear of 
persecution were sent to Belgrade, where they were detained for up to 3 
weeks in a special jail. In these cases, the UNHCR also was requested 
to determine the legitimacy of persecution claims.
    The Government generally cooperated with the UNHCR and other 
humanitarian organizations in assisting refugees and asylum seekers. 
According to the UNHCR, there were approximately 8,400 refugees in 
Montenegro, the majority of whom were from Bosnia and Herzegovina, with 
most of the remainder from Croatia. Conditions for refugees varied; 
those with relatives or property in the country were able to find 
housing and, in some cases, employment. Approximately 1,300 Romani IDPs 
lived in collective centers with limited access to health care and 
education; however, the Government took measures during the year to 
move these Roma out of camps into more permanent and private living 
arrangements.
    The law treats refugees as economic migrants and deprives them of 
the right to register with the Montenegrin Employment Bureau, a right 
IDPs also lacked; unregistered persons were denied full and equal 
access to the local labor market. The 2003 Decree on Employment of 
Nonresident Physical Persons was designed to limit economic migration; 
however, a $3.38 (2.5 euros) per-day surcharge it levied on employment 
of nonresidents also applied to refugees and IDPs, making their labor 
more expensive than comparable labor of Montenegrin citizens.
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.
    Filip Vujanovic was elected President in May 2003 in generally free 
and fair elections. Djukanovic has been in power as President or Prime 
Minister almost all of the previous 13 years. Prime Minister 
Djukanovic's coalition, and a coalition led by Socialist People's Party 
president Predrag Bulatovic of pro-Serbia opposition parties dominated 
the political scene in Montenegro. The opposition coalition collapsed 
in 2003 following a series of interparty disagreements. The opposition 
has boycotted the Parliament since public television's 2003 decision to 
reduce live coverage of parliamentary sessions (see Section 2.a.).
    There was a widespread perception of government corruption, 
particularly the executive and judicial branches.
    There is no law providing public access to government information.
    There were 8 women in the 75-seat Parliament, and 2 women in the 
cabinet (Ministers of Culture and Foreign Economic Relations). Vesna 
Medenica, a female judge, is the State Prosecutor. At year's end, there 
was one female mayor in Montenegro's 21 municipalities. In rural areas, 
husbands commonly directed their wives' voting.
    There were 11 members of ethnic minorities in the 75-seat 
legislature, and 3 in the Cabinet. Ethnic Albanians and Bosniaks 
participated in the political process, and their parties, candidates, 
and voters participated in all elections. Four parliamentary seats are 
allocated by law to ethnic Albanians; two of these seats were held by 
members of Albanian parties and the other two were held by members of 
Prime Minister Djukanovic's coalition.
    According to a 2003 survey by the Ministry for Protection of Rights 
of Minorities and Ethnic Groups, there were no Roma in the state 
administration, and only 0.15 percent of local administration employees 
were Roma. In late September, the Roma Republican Party was formed; it 
was the first political party representing Romani interests.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    A number of domestic and international human rights groups 
generally operated without government restriction, investigating and 
publishing their findings on human rights cases. Government officials 
were somewhat cooperative and responsive to their views. There were a 
substantial number of NGOs investigating human rights cases, including 
HCM and the Center for Democracy and Human Rights. NGOs were credited 
with helping to reduce police brutality and other abuses.
    The Government cooperated with the International Criminal Tribunal 
for the former Yugoslavia (ICTY) in allowing access to witnesses. In 
September, government representatives on the State Union Council for 
Cooperation with the ICTY withdrew from the council, claiming lack of 
cooperation from Serbia; the ICTY Prosecutor's office stated that the 
resignation was a local matter that should not impair cooperation with 
the Tribunal.
    Parliament established an Ombudsman in 2003 to protect human rights 
and freedoms guaranteed by the Constitution, laws, ratified 
international human rights agreements, and generally accepted 
principles of international law, when these rights are violated by 
actions or omissions of state bodies, local governments, or public 
services. The Ombudsman does not have authority over the work of the 
courts, except in cases of prolonged procedure, obvious abuses of 
procedure, and failure to execute court decisions. Anyone can appeal to 
the Ombudsman, and the procedure is free of charge. Upon finding a 
violation of human rights or freedoms, the Ombudsman may initiate 
disciplinary procedures or dismissal of the violator. Failure to comply 
with the Ombudsman's request for access to official data, documents, or 
premises, or to the Ombudsman's request to testify at a hearing, is 
punished by fines of 10 to 20 times the minimum monthly wage of $675 to 
$1,350 (500 to 1,000 euros). No fines were imposed during the year. 
Although independent in practice, the Ombudsman was more effective in 
responding to individual violations of human rights than in addressing 
systemic problems.
    A parliamentary committee on human rights continued to exist, but 
was inactive during the year.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The law provides for equal rights for all citizens regardless of 
ethnicity, social status, or gender; however, in practice, the 
Government provided little protection against discrimination.

    Women.--High levels of domestic violence persisted, particularly in 
rural areas. During the year, official agencies, including the police, 
did a better job in responding to domestic violence; however, efforts 
were still inadequate. Domestic violence is a crime punishable by a 
fine or prison sentence of up to 10 years, depending on the seriousness 
of the offense or, if death results, by a sentence of 3 to 12 years in 
prison. Victims of domestic violence rarely filed complaints with the 
authorities. According to a survey conducted during the year by the NGO 
SOS Hotline for Women and Child Victims of Violence-Podgorica, only 30 
percent of victims reported domestic violence incidents to police; 
however, domestic violence-related offenses made up 30 percent of all 
police arrests. The Government prosecuted a small number of domestic 
violence cases; however, NGOs reported that judges refused to impose 
jail sentences even though prosecutors routinely asked that convicted 
abusers be imprisoned; most convictions resulted in probation.
    Punishment for rape, including spousal rape, is 1 to 10 years' 
imprisonment; however, the crime only can be prosecuted if the victim 
brings charges. According to a local NGO, 80 percent of domestic 
violence cases against women involved spousal rape; however, there were 
no reports of indictments of alleged rapists. A lack of female police 
officers contributed to long delays in investigating rapes, assaults, 
and offenses against women.
    Prostitution is a crime, as are mediation and procurement of 
prostitution. The Government took active measures to suppress 
prostitution, mediation, and procurement.
    Trafficking in women for sexual exploitation was a problem (see 
Section 5, Trafficking).
    Sexual harassment was a problem. Women did not enjoy equal status 
with men, and few women held upper-level management positions in 
government or commerce; however, increasing numbers of women served as 
judges, and there were many women in professional fields such as law, 
science, and medicine. Legally, women were entitled to equal pay for 
equal work; however, in practice, they did not always receive it.
    Traditional patriarchal ideas of gender roles, which hold that 
women should be subservient to male members of their families, 
continued to subject women to discrimination in the home. In rural 
areas, particularly among minority communities, women did not always 
have the ability to exercise their right to control property, and 
husbands commonly directed wives' voting.

    Children.--The Government attempted to meet the health and 
educational needs of children; however, insufficient resources impeded 
achievement of this goal. The educational system provided 8 years of 
free, mandatory schooling. Although ethnic Albanian children had access 
to instruction in their native language, some Albanians criticized the 
Government for not developing a curriculum in which Albanians could 
learn about their ethnic culture and history. Most Romani children 
received little or no education beyond the primary school level; UNHCR 
and the International Committee of the Red Cross (ICRC) began programs 
during the year to make education more accessible for Romani children.
    There were reports that child abuse was a problem, although there 
was no societal pattern of such abuse. The law does not allow a 
juvenile to make an allegation of a crime without a parent or guardian 
present; consequently, there was almost no reporting of child abuse or 
incest.
    Trafficking in girls for the purpose of sexual exploitation was a 
problem (see Section 5, Trafficking).

    Trafficking in Persons.--The law prohibits trafficking in persons; 
however, trafficking in persons remained a serious problem. There were 
reports that police and other officials were involved in trafficking.
    The new Criminal Code, which took effect in April, sets the 
punishment for all trafficking in persons violations at up to 10 years' 
imprisonment. During the year, 18 persons were arrested on suspicion of 
trafficking in persons; 15 were charged, 1 case was dismissed, and 
charges were pending in the other cases at year's end. Nine cases from 
previous years were still in the courts; one person was sentenced to 5 
months in prison after retrial on appeal from conviction. Convictions 
for trafficking remained infrequent and punishments were weak, largely 
due to judicial leniency.
    The National Coordinator appointed by the MUP chairs the 
antitrafficking working group composed of relevant ministries, social 
services, the OSCE, the International Organization for Migration (IOM), 
and NGOs. A subgroup to combat trafficking in children was established 
in February. The Government coordinated its antitrafficking efforts 
with other countries in the region, particularly through the Southern 
European Cooperative Initiative Center in Bucharest.
    A controversial case involving the rape and torture of a trafficked 
woman from Moldova, identified by the initials S.C., continued at 
year's end. Government officials allegedly were involved directly in 
the purchase, sale, rape, and torture of S.C. After a 4-month judicial 
investigation, Montenegrin Deputy State Prosecutor Zoran Piperovic and 
two other suspects were charged with mediation of prostitution, and a 
fourth person was charged with trafficking in persons and mediation of 
prostitution. In June 2003, after reviewing the judicial investigative 
report, Podgorica Prosecutor Zoran Radonjic dismissed charges against 
all the suspects, citing insufficient evidence. Foreign governments, 
the European Union, and the OSCE strongly criticized the decision not 
to try the case. The Government had not implemented several 2003 
recommendations made by the international community concerning this 
case at year's end. Montenegro remained primarily a transit point for 
trafficked persons, particularly women and children, and, to a lesser 
extent, a destination. According to local NGOs, foreign victims likely 
came from Romania, Ukraine, Moldova, Bulgaria, and Russia, often 
passing through Belgrade and on to Kosovo or Albania, where they 
continued on to Italy and other West European countries. The police and 
NGOs reported larger number of cases of internal trafficking. 
Statistics on trafficking were difficult to obtain, as traffickers 
increasingly stopped holding their victims in public locales such as 
bars and nightclubs.
    Traffickers were often Montenegrin nationals but sometimes worked 
with foreign partners. They usually used fraud to entice their victims 
and resorted to force and coercion to keep the victims from leaving. 
For example, in August, four citizens were charged with trafficking 
when Ukrainians, who were lured to Montenegro with false promises of 
high-paying jobs, instead were held in what the MUP called ``slavery,'' 
forced to do manual construction labor in unhealthy conditions without 
pay, and were starved and sometimes beaten if they refused to work.
    The highly publicized ``S.C.'' case and police crackdowns on 
nightclubs and brothels may have forced the sex industry into a lower 
profile. Women's organizations reported a decline in requests for help 
by trafficked women, which they attributed to the removal of women from 
bars and nightclubs to brothels set up in private residences, where 
they had less opportunity to escape or be discovered.
    A 2002 protocol provides procedures for protecting trafficking 
victims by distinguishing them from prostitutes and illegal migrants, 
as well as by establishing procedures for referring victims to 
appropriate social services; however, according to local NGOs, law 
enforcement authorities continued to mismanage some cases involving 
potential victims. The Government repatriated victims with assistance 
from the IOM.
    International organizations sponsored police training in methods of 
dealing with human trafficking. Local NGOs, with funding from 
international donors, ran a shelter in Podgorica and hotlines 
throughout Montenegro; the Government, in cooperation with the IOM and 
OSCE, opened a second shelter in March. Internationally sponsored 
public awareness campaigns continued to be conducted throughout the 
country.

    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, 
there was societal discrimination against persons with disabilities. 
The law mandates access to new official buildings for persons with 
disabilities, and the Government enforced these provisions in practice; 
however, facilities for persons with disabilities were inadequate, 
including at polling stations. The Government provided mobile voting 
for handicapped or ill voters who could not come to polling stations.

    National/Racial/Ethnic Minorities.--Societal discrimination against 
ethnic minorities was a problem. Prejudice against Roma was widespread, 
and local authorities often ignored or tacitly condoned societal 
intimidation or ill treatment of Roma, some of whom were IDPs from 
Kosovo. According to a local NGO, 70 percent of Roma were illiterate, 
70 percent did not speak the local language, 95 percent were officially 
unemployed, 40 percent had no access to public utilities, and 90 
percent lived below the poverty level.
    Romani IDPs, who lived primarily in collective centers and 
scattered settlements throughout the country, often lacked identity 
documents and access to basic human services (see Section 2.d.). 
Eviction from illegal settlements and, sometimes, legal residences was 
a serious problem. During the year, there was some limited official 
recognition of the problem, with authorities in the capital providing 
land and utility connections for an international NGO project to 
replace illegal and inadequate Romani housing.
    Some Bosniaks complained that the division of the Sandzak region 
between Montenegro and Serbia, which also divided some families and 
property, created some problems for residents.
Section 6. Worker Rights
    a. The Right of Association.--The law provides for the right of all 
workers to join and form unions of their choosing; however, military 
personnel may not form unions. Non-military workers exercised this 
right in practice. Most, but not all, of the workforce in the official 
economy was unionized.

    b. The Right to Organize and Bargain Collectively.--The law allows 
unions to conduct their activities without interference, and the 
Government protected this right in practice. The law provides for the 
right of collective bargaining; however, collective bargaining remained 
at a rudimentary level of development. The law provides for the right 
to strike, and workers generally exercised this right in practice; 
however, the law prohibits strikes by military and police personnel.

    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 Sections 5 and 6.d.).

    d. Prohibition of Child Labor and Minimum Age for Employment.--The 
official minimum age for employment is 15 years, although in farming 
communities it was common to find younger children assisting their 
families. Children also could be found in a variety of unofficial 
retail jobs, typically washing car windows or selling small items such 
as newspapers. The high unemployment rate ensured that there was little 
demand for child labor in the formal sector. Some children worked in 
the ``gray zone'' between voluntary and forced labor; however, there 
were no reports that such practices occurred systematically.

    e. Acceptable Conditions of Work.--The national minimum wage was 
$67.50 (50 euros) per month, which did not provide a decent standard of 
living for a worker and family. The law requires a 30-minute rest 
period daily, limits hours worked to 40 per week except in specified 
unusual circumstances, and requires an unspecified premium for work in 
excess of 40 hours per week.
    The Government did not give high priority to the enforcement of 
established occupational safety and health regulations. Workers did not 
have the right to remove themselves from situations that endanger 
health and safety without jeopardy to their employment.

                               __________

                            SLOVAK REPUBLIC

    The Slovak Republic is a multiparty parliamentary democracy, led by 
a prime minister and a 150 member parliament. In 2002, a reform 
oriented government, led by Prime Minister Mikulas Dzurinda, was 
elected. President Ivan Gasparovic serves as head of state and was 
elected for a 5 year term in April in free and fair elections. The 
Constitution provides for an independent judiciary; however, corruption 
and inefficiency were serious problems.
    The national police have sole responsibility for internal and 
border security. With the exception of the Slovak Information Service 
(SIS), which reports directly to the Prime Minister, all internal 
security forces are under the Ministry of the Interior. A parliamentary 
commission composed of legislators from ruling and opposition parties 
oversee the SIS. Civilian authorities maintained effective control of 
the security forces. A few members of the security forces committed 
isolated human rights abuses.
    The country had a population of approximately 5.4 million and an 
industrialized market economy. The gross domestic product (GDP) rose 
5.4 percent during the first 9 months of the year. The private sector 
generated approximately 90 percent of the GDP in the first three 
quarters. Real wages rose 1.7 percent more than inflation, which was 
8.1 percent during this period. The unemployment rate decreased to less 
than 14 percent nationwide but approached 30 percent in some regions.
    The Government generally respected the human rights of its 
citizens; however, there were problems in some areas. Police officers 
used excessive force, particularly against Roma. Lengthy pretrial 
detention was a problem. Racially motivated crimes, predominantly by 
organized neo-Nazi groups targeting Roma, persisted. The crimes were 
not prosecuted to the fullest extent of the law, and police 
occasionally did not investigate the crimes thoroughly. Domestic 
violence against women and children remained problems. Trafficking in 
women also remained a problem. The Roma minority faced considerable 
societal discrimination, particularly in the areas of education, 
employment, and health care.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Arbitrary or Unlawful Deprivation of Life.--There were no 
reports of the arbitrary or unlawful deprivation of life committed by 
the Government or its agents during the year.
    An international Roma rights organization pursued a case of 
suspicious death after a large police raid in the eastern part of the 
country in February. A Roma was found dead in a shallow stream days 
after the police action. The autopsy determined the cause of death was 
drowning; however, the organization alleged the autopsy did not include 
injuries the Roma reportedly sustained earlier on the day of his death, 
and called for a more in-depth investigation. The case was closed when 
the family refused a further autopsy and requested burial.
    The Supreme Court ruled that in the case of seven police officers 
charged with inhuman and degrading treatment in the 2001 death of a 
Roma in police custody, the Regional Court must begin the trial. This 
overturned the lower court's 2003 decision to return the case for 
further investigation. The trial had not begun by year's end.

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

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The Constitution prohibits such practices; however, on 
occasion, police used excessive force, particularly against the Roma 
minority.
    Authorities reportedly charged six police officers with brutality 
after the Government sent approximately 2,000 police and 1,000 soldiers 
to the eastern part of the country in February to quell a rash of 
grocery store lootings. In an effort to discourage further lootings in 
Trebisov, police raided the Romani settlement in the area and arrested 
40 persons. Roma rights activists reported that police physically 
assaulted Roma, injured small children, unnecessarily broke windows and 
doors, and restricted the movement of residents in the settlement near 
Trebisov. The European Roma Rights Center (ERRC) reported that several 
injuries were sustained from the use of electric cattle prods. The Roma 
Plenipotentiary's Office submitted several complaints about the police 
action.
    Police reportedly used pressure and threats to discourage Roma from 
pressing charges (see Section 1.d.). There were credible reports that, 
at times, police contributed to the problem of violence against Roma by 
not investigating attacks against them in a timely and thorough manner 
or by coercing Roma not to submit potentially incriminating evidence 
(see Sections 1.d. and 5).
    In Zahorska Ves, a group armed with bats forcibly entered Romani 
residences and set fire to their homes on two occasions. A special unit 
in the Police Presidium began investigating this case after allegations 
arose regarding the possible involvement of local government officials 
and the failure of local police to accept testimony and evidence 
relating to the case. Roma activists also alleged that local officials 
attempted to relocate victims to another village.
    There is a special police unit to monitor extremist activities, and 
a commission consisting of NGOs, police, and government officials 
advised the police on minority issues. However, the European Commission 
Against Race and Intolerance criticized that all too often racially 
motivated violence, particularly when committed by police, was not 
fully prosecuted.
    Prison conditions generally met international standards; however, 
overcrowding continued to be a problem. The Government implemented 
improvements and expanded prison infrastructure through the year due to 
an increase in the prison population. Six out of ten prisoners worked 
in prisons, but there was not a national standard regulating payment.
    The Helsinki Committee, in line with a formal agreement with the 
General Management of Prisons, monitored conditions in all jails 
holding convicted prisoners. Men and women were held separately, as 
were juveniles and adults, and pretrial detainees from convicted 
criminals.

    d. Arbitrary Arrest or Detention.--The Constitution prohibits 
arbitrary arrest and detention, and the Government generally observed 
these prohibitions in practice.
    The national police has sole responsibility for internal and border 
security and reports to the Ministry of Interior. The 2003 
reorganization of the police force created an improved framework to 
increase effectiveness, particularly with regard to the length of 
investigations. Instances of police corruption and misconduct were 
reported. Human rights observers continued to charge that police 
investigators were occasionally reluctant to take the testimony of 
witnesses, particularly Roma and the homeless. They also contended 
that, on occasion, police failed to promptly and thoroughly investigate 
cases involving Roma. Amnesty International alleged that police acted 
with impunity when conducting actions in Romani settlements. Mechanisms 
were available to investigate police abuses within the Police 
Inspection Unit at Police Headquarters. In a recent report, the unit 
stated that most complaints were in response to the behavior of police 
while on duty. The Ministry of Interior announced a new pilot project 
to train Romani police specialists.
    The Constitution provides that a person can be taken into custody 
only for explicit reasons and must be immediately informed of the 
reasons for detainment. A written, substantiated court warrant is 
required for arrest. The court must grant a hearing to a person accused 
or suspected of a crime within 48 hours (or a maximum of 72 hours in 
serious cases) and either release or remand the individual. Detainees 
have the right to see an attorney immediately and must be notified of 
this right. If remanded by a court, the accused is entitled to an 
additional hearing within 48 hours, at which time the judge must either 
release the accused or issue a written order placing the accused in 
custody. The authorities respected these provisions in practice.
    Attorney visits were allowed as frequently as necessary. The law 
allows monthly family visits upon request. There was a bail system.
    Human rights observers reported that some Roma detained after the 
February store lootings in Trebisov were wrongly accused even though 
police had eyewitness accounts testifying to detainees' innocence. In 
many cases, detainees were not allowed to contact their families, and 
family members were denied information about detainees.
    NGOs alleged that police targeted Roma for arbitrary arrest. In 
July, a Revuca judge dropped the sentence of two Roma accused of 
participating in an attack in 2002. The victims confirmed that they 
were not present at the crime scene.
    Pretrial detention may last up to 6 months, but was frequently 
extended in increments by judicial order up to 3 years. In certain 
cases, the Supreme Court may extend it to 5 years in extenuating 
circumstances.
    Delays in court procedures and investigations frequently led to 
lengthy pretrial detentions. Due to inefficiency, prosecutors and 
judges occasionally released a detainee when the maximum period for 
detention expired before the trial date. Some alleged that criminals 
were occasionally released due to the influence of organized crime 
elements and/or bribery of court officials.

    e. Denial of Fair Public Trial.--The Constitution provides for an 
independent judiciary; however, problems with corruption and 
inefficiency in the judiciary continued, despite government efforts to 
overcome them. The Justice Ministry continued to take disciplinary 
action against judges suspected of corruption. A computerized system 
for random case assignment functioned at almost every level of the 
courts to reduce corruption.
    In May, a special prosecutor to fight corruption was nominated and 
approved by Parliament and was granted the extended use of undercover 
operations in investigating corruption charges against politicians and 
judges. The Special Prosecutor's Office filed charges against a mayor 
in Bratislava-Raca suspected of accepting a bribe. The General 
Prosecutor's offices have also forwarded cases to be re-opened and 
brought before a special anticorruption court. At year's end, the 
Banska Bystrica Regional Court was acting as the Special Court, until 
all judges were appointed. No case decisions were handed down at year's 
end.
    In May, Parliament passed a law to reorganize the lower courts, 
reducing the number of district courts from 55 to 45, effective January 
2005. The reorganization was an effort to promote judge specialization 
and increase the efficiency of the overburdened lower courts. There 
were 8 regional courts. The Supreme Court, consisting of 79 judges, was 
the highest court of appeals. The Constitutional Court, with 13 judges 
serving 12 year terms, has no ties to the Ministry of Justice. The 
Judicial Council, a constitutionally recognized independent body of 
lawyers and judges, made decisions regarding disciplinary actions, 
administrative issues, and appointments of judges.
    Persons charged with criminal offenses are entitled to fair and 
open public trials, and have the right to be informed of the charges 
against them, to retain counsel, and to confront witnesses, although in 
practice observers stated that corruption among judges could infringe 
on a person's right to a fair trial. Minority advocacy groups noted 
that Roma often did not receive a fair trial. A defendant, unless a 
person with disabilities or a minor, is not guaranteed free legal 
representation during a trial if the maximum criminal sentence is less 
than 5 years. Defendants enjoy a presumption of innocence, have the 
right to refuse self-incrimination, and may appeal adverse judgments. 
According to existing legislation, suspects are also presumed innocent 
during the appeal process.
    Credible sources stated that it was difficult for indigent citizens 
and marginalized groups, such as minorities and persons with 
disabilities, to obtain noncriminal legal representation. Plaintiffs 
are required to pay a court fee of 5 percent of possible damages in 
advance. The fee is returned if the case is won, and the presiding 
judge may waive the advance payment. The Slovak Bar Association may ask 
lawyers to accept indigent cases under certain conditions, but only a 
small percentage of requests were eligible.
    In November, the Government approved the concept for a new draft 
law for providing legal aid (free or partially paid). Under this 
concept, a public attorney office should be established, available in 
all districts, to provide legal services in criminal and civil cases.
    Military courts hear cases concerning members of the armed forces, 
prisoners of war, and civilians suspected of war treason or who evaded 
mandatory armed forces service. There are three military circuit courts 
and one higher military court, decisions of which may be appealed to 
the Supreme Court. The Justice Minister appoints the chairman of the 
courts, who acts as the top administrative official, with agreement 
from the Defense Ministry. Occasionally, military courts have accepted 
high-level cases that may have an element of conflict of interest in 
regular courts, such as the investigations of police brutality during 
1989 student protests and the recent bugging case of Pavol Rusko, 
chairman of the political party Alliance of New Citizens (ANO). There 
were no reports of political prisoners.
    Since 1989, several laws provided for the remuneration of political 
prisoners and other victims of the Communist regime. In December, 
Parliament passed a new remuneration law sponsored by the Defense 
Ministry for those who worked as forced labor in military camps from 
1939 to 1945. Additionally, individuals who served in foreign ally 
armies during this time or in domestic resistance are also eligible for 
compensation. During the year, a Justice Ministry analysis concluded 
that most groups have been adequately remunerated.
    In 2003, Parliament approved a law on property restitution 
providing citizens a second opportunity to apply for the return of land 
confiscated by the state between 1948 and 1990. Under this law, over 
13,407 cases were filed before the end of 2003. During the year, 1,258 
of these cases were resolved.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The law prohibits such actions, and the Government 
generally respected these rights in practice. Police must present a 
warrant before conducting a search or within 24 hours afterwards; 
however, some Roma activists alleged that police entered Romani homes 
without a search warrant.
    The law regulates wiretapping and mail surveillance for the 
purposes of criminal investigation, which may be conducted by order of 
a regional court judge. In August, military prosecutors announced 
charges against three SIS agents in relation to the 2002 wiretapping 
complaint of Pavol Rusko, chairman of the ANO. Investigators themselves 
complained of intimidation and surveillance by the SIS throughout the 
investigation. The military court concluded that the wiretap targeted a 
major national newspaper rather than Rusko. In mid-December, the trial 
was postponed due to an attorney's illness.
    In March, seven wiretapped recordings collected in the bribery case 
against Bratislava-Raca Mayor Pavol Bielik disappeared while in police 
custody. Prosecutors charged three police officers with abuse of power 
and negligence, and they were suspended from service pending the result 
of charges. In November, an appeal against the charges was rejected.
    In 2003, an NGO released a report alleging a number of Romani women 
were victims of coerced or forced sterilizations. Government 
investigations found no evidence to pursue charges and no governmental 
policy supporting such practices, although the Government later 
admitted procedural shortcomings. International NGOs continued to 
criticize the government investigations, claiming investigators did not 
fully examine whether patients underwent surgeries with fully informed 
consent. Human rights organizations and international organizations 
called for increased protections for patients' rights and more health 
care outreach programs for minorities. The Government revised its legal 
norms covering sterilization and began pilot programs, such as Roma 
health assistants and clinics in areas with high populations of Roma. 
No victims received financial redress for alleged sterilizations.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The Constitution provides for 
freedom of speech and of the press, including academic freedom, and the 
Government generally respected these rights in practice.
    Independent newspapers, magazines, and foreign press regularly 
published a broad range of opinion and news articles that were 
distributed nationwide. Journalists reported they were able to 
criticize the Government without fear of reprisal and were generally 
free from harassment or intimidation. Following allegations of undue 
political influence and noncompetitive practices, observers recommended 
that the Parliament-appointed supervisory boards for television and 
radio and the state funded News Agency of the Slovak Republic (TASR) 
should be restructured to ensure independence from the Government and 
political parties. The Constitutional Court examined the constitutional 
merits of the law governing TASR, and the Culture Ministry was 
preparing a new law at year's end.
    ANO's chairman and Minister of Economy Pavol Rusko continued to 
influence TV Markiza's editorial policies, despite having divested his 
ownership interest. Media watchdog organizations criticized the 
station, saying its programming favored certain political parties. The 
Christian Democratic Party refused to grant Markiza personal interviews 
because of perceived unfair treatment by the station. TV Markiza 
employees filed a criminal complaint against Interior Minister Palko 
for comments about its programming; the complaint was later dismissed.
    In 2003, highly criticized articles in the criminal code relating 
to defamation, including the paragraph classifying libel against public 
officials performing the duties of their office as a misdemeanor, were 
removed; however, in September, the Supreme Court ruled that a 2003 
case against former journalist Peter Toth for verbally attacking a 
public office should be re opened. Toth allegedly lodged an anonymous 
criminal complaint that the Minister covered up a wiretapping scandal. 
At year's end, the case was still in investigation with no formal 
charges.
    A military court concluded that an illegal wiretap targeted a major 
national newspaper rather than Pavol Rusko, the Minister of Economy, 
who lodged the complaint. The court charged three SIS officers with 
abusing the powers of authority. The trial had not begun at year's end.
    In March, investigators closed a case against members of the press 
named in August 2003 by Prime Minister Dzurinda as co conspirators in a 
group seeking to destabilize the state. No charges were filed. In 
January, Prime Minister Dzurinda and his party SDKU sued two newspapers 
for libel for articles dealing with the case, as well as the Chairman 
of the Intelligence Committee, Robert Kalinak, for releasing the names. 
Both suits were rejected.
    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. Registered churches, which require 20,000 permanent resident 
adherents, were eligible for state subsidies for clergy and office 
expenses. Leaders of a number of minority religious communities, in 
particular Muslims, smaller Protestant churches, the Hare Krishna 
community, and the Church of Scientology complained that the large 
numerical requirement effectively barred them from obtaining registered 
status, although smaller religions experienced no restrictions on 
assembly and worship.
    The Government monitored, although it did not interfere with, 
religious ``cults'' and ``sects.'' Unlike in previous years, there were 
no reports of SIS intimidation of members of the Church of Scientology.
    In February, Parliament approved the governmental agreement 
pursuant to the 2001 framework treaty with the Vatican, which obliges 
students to take either a religion or an ethics class at the elementary 
school level. Classes began in September. Critics of the agreement 
claimed students in less populated areas may be denied the choice due 
to financial constraints or choose religion due to social pressure. The 
agreement also allows government-funded religious schools to remove 
material at odds with Catholic beliefs from the curricula.
    Anti-Semitism persisted among organized neo Nazi groups, estimated 
to have 500 active members and from 3,000 to 5,000 sympathizers. In 
June, vandals destroyed seven tombs at the Jewish Cemetery in Zvolen, 
which was the fourth attack over the past several years. During the 
year, three juvenile offenders were successfully prosecuted and given 
suspended sentences of 4 months to a year for vandalizing a Jewish 
cemetery in 2003. The Jewish community successfully pressed for parents 
of the vandals in the 2002 Banovce cemetery case to pay damages.
    The Government extended the Action Plan to Fight Discrimination, 
Racism, Xenophobia, and Anti-Semitism, which supports 
antidiscrimination campaigns and teacher training, for an additional 
year.
    Some property restitution cases remained unresolved; however, the 
Government compensated the Jewish community $29.3 million (850 million 
SKK) for heirless property owned by Jewish families before the 
Holocaust.
    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 employ 
it.
    There were no restrictions on emigration or prohibition against the 
return of citizens; however, the Government closely monitored the 
emigration patterns of Roma.
    The numbers of Roma seeking asylum in European countries decreased 
from previous years, although the Czech Republic continued to report 
large numbers of Romani asylum seekers and illegal migrants from the 
country. A Czech and Slovak governmental committee monitored increased 
migration patterns. Human rights organizations claimed increased 
migration was due to the lack of available economic opportunities in 
the country, close family ties in the Czech Republic, and a long 
standing tradition of seasonal construction work.
    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 had 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 routinely grant 
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 Government also provided 
temporary protection to individuals who may not qualify as refugees 
under the 1951 Convention/1967 Protocol. The law provides for temporary 
protection, classified as tolerated residence, which is granted if 
asylum is denied and the individual is not eligible for deportation to 
his or her country of origin due to administrative problems or fear for 
the person's safety. During the year, the Border and Alien Police 
granted tolerated residence status to 111 asylum seekers.
    During the year, 11 refugees received citizenship. According to 
National Migration Office statistics, 15 persons received asylum out of 
a total of 11,391 cases. 11,586 cases were terminated during the year. 
The UNHCR criticized the current asylum process for the low number of 
asylum applicants accepted combined with a trend for applicants to 
disappear, generally to other countries from refugee camps located on 
the country's western border.
    The Government provided $1 million (30 million SKK) for a center to 
accommodate unaccompanied minors. The recipient organization purchased 
property for the future center.
    During the year, there were several corruption charges within the 
customs and immigration police, including the December arrest of the 
director of the country's alien detention facility under the suspicion 
of illegal migrant smuggling.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The Constitution provides citizens with the right to change their 
government peacefully, and citizens exercised this right through 
periodic, free, and fair elections held on the basis of universal 
suffrage. In May, the country joined the European Union.
    Citizens could freely choose and change the laws and officials that 
govern them. In April, Ivan Gasparovic won the second direct 
presidential election. A referendum calling for early parliamentary 
elections, which some parties boycotted, was held at the same time as 
the first round of the presidential election. The Organization for 
Security and Cooperation in Europe determined the presidential 
elections to be free and fair; however, the observer mission noted that 
the controversial timing of the referendum and questions surrounding 
its constitutionality impacted the presidential election. The former 
president, who was running for re election, set the date for the 
opposition-led referendum on the same day as the presidential election. 
Connecting the two important events politically and organizationally 
was controversial and became a major topic in the election campaigns.
    In March, Parliament passed a new election law governing 
parliamentary elections. It strengthens the role of candidates in 
preferential voting and liberalizes media use for campaigning. The new 
law also provides for absentee voting for citizens residing abroad.
    Corruption in the legislative and executive branches was reported 
and publicly perceived as a problem. The Government and police 
cooperated on several related arrests this year. In November 2003, 
authorities charged an opposition Member of Parliament (M.P.) and the 
head of the office of a regional government with accepting bribes. 
Parliament voted to lift parliamentary immunity to allow prosecution in 
this case; the case was currently in trial at year's end. In September, 
the Supreme Court ruled that a public official from the former Meciar 
government who received an illegal bonus must return the sum. In 
addition, the deputy mayor of Kosice, the second largest city in the 
country, was arrested and taken into custody for taking bribes. The 
Mayor of Bratislava-Raca was also facing bribery charges.
    The new Conflict of Interest Law, which mandates the public 
disclosure of assets, applied to all mayors, town councils, M.P.s, 
regional authorities, and national govenrment leaders. Parliamentary 
disciplinary action needs a quorum of three fifths of the conflict of 
interest committee. The committee had not begun a procedure by year's 
end, but continued to collect asset disclosure statements. The 
Government Office to Combat Corruption initiated complaints against 
public officials and completed nearly 90 percent of the Government 
Action Plan to Fight Corruption.
    The law provides public access to government information; however, 
NGOs claimed more education was needed about the responsibilities of 
government to provide information. Frequently, local government offices 
denied requests without justification or left them unanswered.
    There were 24 women in the 150 member Parliament, 34 of 79 on the 
Supreme Court, and currently none serving in the cabinet.
    The ethnic Hungarian minority party won 20 seats in Parliament in 
the 2002 election and was well represented in the Government. The 
chairman of the Party of the Hungarian Coalition (SMK) served as a 
deputy speaker in Parliament. The SMK also controlled three ministries, 
and a member of the party was re-nominated as the Deputy Prime Minister 
for Nationalities, Human Rights, and European Integration.
    Some ethnic Romani parties were successful at winning 
representation at the local level; however, Roma were consistently 
underrepresented in government service and no Roma were 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 without government restriction, investigating and 
publishing their findings on human rights cases. Government officials 
were generally cooperative and responsive to their views.
    The law requires foundations to register and have substantial 
financial resources in order to operate; however, no organization was 
denied registration or faced any other limitations on its operations.
    The Government received recommendations from a council of NGOs on 
pending legislation and new initiatives. The Slovak National Center for 
Human Rights, a government-sponsored institution, held conferences, 
released a variety of publications, and is mandated by the new 
antidiscrimination law to be responsible for assisting individuals in 
resolving violations of human rights. The Human Rights Ombudsman, 
elected in 2002 to a 7 year term, accepted complaints about violations 
of fundamental rights and freedoms by public administration bodies. 
Both institutions received government funding but operated 
independently. However, observers stated further concentration was 
needed on educating the populace about human rights and personal 
responsibilities. The Office of the Ombudsman provided little 
information to the public about recommendations to the Government or 
the resolutions of claims.
    In May, arsonists set fire to the office of the NGO People Against 
Racism, an organization that monitors the neo-Nazi movement in the 
country. Prior to the fire, three activists were also attacked. 
According to the director, the group received frequent e-mail and phone 
threats. The police offered more protection until the NGO's office 
could be relocated to a more secure location.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The law prohibits discrimination and provides for the equality of 
all citizens. On May 20, the Slovak Parliament adopted the Law on Equal 
Treatment, which further defined discrimination and amended articles in 
labor, education, health, and state service legislation. The law 
provides for elements of positive discrimination, which the Ministry of 
Justice challenged in the Constitutional Court. The Court decided not 
to suspend this article while the case was pending, and it went into 
effect in July. The Roma minority were victims of societal violence and 
reported the Government enforced the law inconsistently in regard to 
their members.

    Women.--The law prohibits domestic violence; however, it was a 
pervasive problem. A new law provides stricter sentences for crimes 
against wives and family members in the same household and allows for 
continued criminal prosecution even when a spouse drops charges. 
Domestic violence was punishable from 2 to 12 years' imprisonment, 
depending on the nature of the crime. Activists claimed increased 
training about domestic violence and more victim specialists were 
needed to properly enforce the law. Victims' advocates demanded a 
better network of services for abused women, including government-
funded treatment centers, in the face of increasing caseloads and 
lengthy court procedures.
    In 2003, the police handled over 1,000 cases of domestic violence, 
but reportedly did not distinguish between family violence and violence 
against women. Since the crime is often underreported, statistics do 
not adequately reflect the extent of the problem. Nonetheless, official 
statistics continued to rise as public awareness grew after several NGO 
campaigns and police training.
    The law prohibits rape, including spousal rape, and the Government 
enforced this effectively; however, it was a problem. The sentence for 
rape is 2 to 8 years' imprisonment and could be increased to 5 to 12 
years depending on the age of the victim or whether violence was used. 
The sentence may be further increased to 10 to 15 years if there is a 
resulting death. The Prosecutor's Office reported 113 cases of rape in 
the first half of the year, with 39 sentences handed down. Specialists 
stated that this number was underreported. As for victims of domestic 
abuse, shelters and counseling are offered through NGOs and government-
funded programs.
    Prostitution is legal; however, the Criminal Code prohibits related 
activities such as renting apartments for prostitution, knowingly 
spreading sexually transmitted diseases, or trafficking in women for 
the purpose of sexual exploitation. There were reports that women were 
trafficked into the country for sexual exploitation (see Section 5, 
Trafficking).
    A Government investigation did not find evidence to pursue charges 
based on the 2003 reports of coerced or forced sterilization. 
Nonetheless, the Government implemented several reforms, including 
amending the legal norms covering sterilization. Some alleged victims 
may also pursue claims for damages in civil courts (see Sections 1.f.).
    Women are equal under the law, including in regards to property and 
inheritance rights; however, discrimination against women remained a 
problem in practice. Women typically earned approximately 30 percent 
less than men, particularity between the ages of 35 to 39. According to 
recent studies, the wage differential was approximately $172 per month 
(5,000 SKK). Experts claimed that this was due to large numbers of 
women working in low paid occupations, such as the education or social 
services sectors.
    The Office for Equal Opportunities is responsible for making 
recommendations on legislation and preparing the National Action Plan 
to Reduce Violence Against Women. Several active women's rights groups 
cooperated with the Government and Parliament. NGOs continued to push 
for increased opportunities for the political participation of women.

    Children.--The Government was committed to children's rights and 
welfare. The Ministries of Labor and Education oversaw implementation 
of the Government's programs for children. The Constitution, the Law on 
Education, the Labor Code, and the Family Code each addressed 
children's rights. Education was universal, free, and compulsory for 9 
years, or until the age of 15; parents may be prosecuted for not 
sending their children to school, and local government can garnish the 
social benefits of parents of truant children.
    Government-provided healthcare for children was adequate and equal 
for both girls and boys. There was a higher infant mortality rate for 
Roma, and poor nutrition was more common among Romani children. 
Outbreaks of jaundice and hepatitis were a problem for children living 
in settlements with poor sanitary conditions.
    Most ethnic Slovak and Hungarian children attended school on a 
regular basis, but Romani children exhibited a lower attendance rate. 
The Government instituted several programs to combat this problem and 
overcome language and cultural barriers, through teaching assistants, 
government funded preschool, and monthly stipends for travel and 
material costs for disadvantaged secondary school students. Romani 
children, nearly one fourth of the total number of children under 16, 
were disproportionately enrolled in special schools for the mentally 
handicapped. In certain special schools in the eastern part of the 
country, registered students are nearly 100 percent Romani.
    Child abuse remained an underreported problem; however, a growing 
public awareness was evident in the increase in recent cases and 
reports in the media.
    A number of children's foundations operated several programs for 
abused or disabled children. UNICEF Slovakia continued to operate a 
hotline for children, which received approximately 12,000 calls 
annually.
    Child prostitution is prohibited. Community workers reported it was 
a problem in some Romani settlements with the worst conditions. The 
Penal Code contains a provision outlawing child pornography; there are 
only a few reported cases annually. During the year, there were no 
reported cases of trafficking in children.
    There are approximately 6,000 children in institutional care and 
Roma constituted the majority of this population. Most government 
orphanages are long-term care facilities, rather than short-term 
residences. Activists claim that orphans have difficulties integrating 
into society at 18 years of age and are at increased risk to be victims 
of trafficking.
    The Ministry of Labor funded programs to begin transforming large 
existing state institutions into smaller facilities operated by NGOs in 
accordance with a 2002 law.

    Trafficking in Persons.--The law prohibits trafficking in persons; 
however, there were reports that persons were trafficked from and 
within the country. Under the law, traffickers may be sentenced from 3 
to 10 years. If the offender is a member of a crime syndicate, the 
sentence is increased to between 12 and 15 years.
    The Police Antitrafficking Unit, Ministry of Interior, and 
Prosecutor's Office are responsible for combating trafficking. 
Government efforts to combat trafficking and assist victims were 
hampered by the lack of resources and coordination among ministries and 
government offices. During the year, police opened 27 cases involving 
trafficking and successfully resolved 18 of these investigations. They 
filed 21 criminal complaints and identified 38 victims. The Ministry of 
Justice reported six convictions up to October 2004. The police 
participated in international investigations on a limited basis.
    In September, Slovak police arrested 15 members of an international 
trafficking gang; the Czech police cooperated to charge 2 Slovak 
citizens along with 8 Czechs in the trafficking ring. The group 
operated a hostess agency and forced women to sign contracts obliging 
sexual services. Clients from around the world ordered the women 
through the Internet. The traffickers allegedly earned from 
approximately $339,000 to $1 million (11 to 30 million SKK) over a 
period of 4 years from approximately 230 women.
    In 2003, police arrested 7 members of a trafficking gang who had 
sent at least 60 women to Germany, Poland, Switzerland, and France over 
an 8-year period, with the suspected involvement of a low-level 
government employee. The case was pending at the end of the year.
    The Police and the International Organization for Migration (IOM) 
reported the country was an origin and transit point for victims of 
trafficking, mainly for the purpose of sexual exploitation. Most of the 
victims trafficked through the country came from the former Soviet 
Republics, the former Yugoslavia, and Bulgaria. The major trafficking 
routes for victims were through the Czech Republic or Austria to 
Western Europe. Victims, who usually traveled by car or plane, were 
typically between the ages of 18 and 25, from various social 
backgrounds, but particularly from areas with high unemployment. Some 
experts alleged that Romani women, because of their socio-economic 
situation and less freedom of mobility, were more vulnerable to being 
trafficked by organized criminal gangs. Another high-risk group 
included men and women looking for seasonal work abroad, sometimes 
illegally, who were ill informed of the potential risks.
    Traffickers lured women with offers of employment and assured 
victim compliance through violence. Activists who work with the few 
victims forced to work while transiting the country say most are placed 
as prostitutes or as dancers in exotic clubs. Such activity is 
concentrated on the border with Austria and close to Ukraine and most 
probably along trucking routes with a prevalence of nightclubs. In 
order to assure the victims' compliance, their documents are withheld, 
and their captors closely monitor them. Some allegedly are threatened 
with violence or even death if they attempt to escape.
    There is no evidence of governmental involvement in or tolerance of 
trafficking; however, corruption on the borders and among police may 
have hampered efforts to combat trafficking. According to NGO 
activists, government agents such as customs and police officers 
treated victims poorly.
    The Police Antitrafficking Unit referred victims to NGOs for 
assistance, though no formal screening or referral process was in 
place. The Ministry of Interior provided funding to an NGO (Dafne) for 
assisting returned victims on a case by case basis. The Ministry of 
Labor gave a grant to an NGO to run an antitrafficking public awareness 
campaign in Romani communities in the central part of the country.

    Persons With Disabilities.--There was no discrimination against 
persons with disabilities in employment, access to health care, or in 
the provision of other state services; however, experts reported that 
access to buildings and higher education remained a problem. The law 
mandates access to buildings for persons with disabilities, and the 
Government generally enforced these provisions in practice. The law 
provides for health protection and special working conditions for 
persons with mental and physical disabilities, including special 
protection in employment relations and training.
    The regional government of Presov operated a project for persons 
with severe disabilities in which they received training and 
subsequently were eligible for government provided employment 
opportunities.
    NGOs reported that a better network of organizations is needed to 
monitor human rights violations and improve psychiatric care of 
patients with mental disorders. Organizations complained that the 
country lacked assistance programs for the mentally handicapped, such 
as work opportunities for persons with mental disorders after 
treatment. The Slovak Helsinki Committee criticized the continued use 
of ``cage beds'' that inhibit movement of mental health patients.
    A working group, the Council for Citizens with Disabilities, served 
as a governmental advisory body regarding persons with disabilities. 
Several NGOs conducted public education campaigns on mental health 
diseases and worked cooperatively with the Health Ministry on the 
National Health Program.

    National/Racial/Ethnic Minorities.--Roma constituted the second 
largest ethnic minority, reported by the 2001 census to number 90,000, 
although experts estimated the population at up to 375,000 (nearly 7 
percent of the population). Widespread discrimination against Roma 
continued in the areas of healthcare, education, housing, and 
employment. Entrance to some dining and entertainment establishments 
was barred, particularly in the eastern part of the country.
    There were several reports that Roma suffered discrimination with 
respect to health care. The mortality rate for Romani children was 3 
times that of the majority population, and the life expectancy for Roma 
was lower by almost 17 years. Reports of segregated hospital wards and 
allegations that Roma were more likely to be sterilized continued (see 
Sections 1.f.). The Ministry of Health began pilot programs for health 
care assistants that speak Romani and opened gynecological facilities 
in selected areas with large Romani populations.
    Many NGOs alleged that segregation in schools continued. The 
Ministry of Education offered assistance to Roma by providing 
scholarships, investing in bilingual program teaching assistants for 
Roma, and sponsoring private schools with Romani as one of the 
languages of instruction. Nonetheless, Romani children were at greater 
risk of enrollment in special schools for the mentally handicapped.
    The Milan Simecka Foundation and the ERRC released a housing study 
alleging Roma were more likely to confront housing discrimination. For 
instance, on a few occasions, local authorities and groups blocked 
construction permits or the purchase of land, or forced evictions. The 
report noted that many Romani settlements lacked formal infrastructure, 
access to clean water, and proper sewage systems. The Government 
designated financing for housing projects in settlements, but the 
tendering and construction process was slow. Some local governments 
withdrew from project financing because of the inability to decide upon 
appropriate strategies, while other communities showed some 
improvement.
    In some Romani settlements, the unemployment rate was approximately 
95 percent. Activists frequently alleged that some employers refused to 
hire Roma.
    In February, protests and lootings of grocery stores occurred in 
response to changes in the social benefit system, on which many Roma 
depend. The Government sent police and military to secure private 
property and patrol communities. Activists stated that some members of 
the police used an inappropriate level of force in the area of 
Trebisov, resulting in several civilian injuries (see Section 1.c.). 
The use of a police blockade of the Romani community that inhibited 
free movement to and from the city was also highly criticized (see 
Section 1.d.).
    The Government reported that usury, the illegal charging of high 
interest rates on small loans, was one of the main causes for the 
deepening poverty of Roma in settlements and a possible contributing 
factor in the February unrest. Since the lootings, the police 
investigated more than 99 instances of usury and reported that one-
fourth of these cases were successfully prosecuted.
    Skinhead violence against Roma continued to be a serious problem. 
For example, in March, masked men posing as police entered a home in 
Nove Mesto Nad Vahom and beat a Romani family, including children. The 
NGO People Against Racism reported that although police were 
increasingly responsive in their efforts to monitor and control the 
skinhead movement, the problem persisted.
    The Government continued to fund minority language publications and 
media through the Ministry of Culture. International organizations 
criticized the mainstream national press for unbalanced reporting about 
minorities.
    The Government's Plenipotentiary for Romani Communities opened five 
new regional offices to supervise the implementation of governmental 
policy on Roma, support infrastructure development, and cooperate with 
municipalities and villages to improve interaction between Roma and non 
Roma. The Ministry of Labor funded Roma Terrain Workers, specially 
trained social workers assigned to Romani settlements, to provide 
various kinds of assistance--from helping fill out paperwork to 
relaying the importance of education and preventative healthcare.
Section 6. Worker Rights
    a. The Right of Association.--The Constitution provides for the 
right to form and join unions, except in the armed forces, and workers 
exercised this right in practice. Approximately 30 percent of the work 
force was unionized. The Slovak Trade Unions Confederation included 
nearly 90 percent of all trade unions in the country. Unions were 
independent of the Government and political parties; however, they 
sometimes cooperated with opposition parties.

    b. The Right to Organize and Bargain Collectively.--The law 
provides for the right to organize and bargain collectively, and 
workers exercised these rights in practice.
    In September, the Government abolished the existing law on the 
tripartite process, which required negotiations with trade union 
representatives and employers' associations on most laws concerning 
social sector issues. The parties continued to meet and act as an 
advisory body, although their decisions were not binding for the 
Government.
    The Constitution provides for the right to strike legally in two 
instances: When collective bargaining fails to reach an agreement, or 
to support other striking employees' demands (solidarity strike). The 
unions generally exercised these rights in practice without 
restrictions. Strikes must be announced in advance. The law prohibits 
dismissing workers legally participating in strikes; however, strikers 
are not ensured protection if a strike is considered illegal or 
unofficial.
    There are no export process zones. Also, there are no special laws 
or exemptions from regular labor laws in free trade zones.

    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).

    d. Prohibition of Child Labor and Minimum Age for Employment.--
There are laws to protect children from exploitation in the workplace, 
which were effectively implemented and enforced in practice. Problems 
with child labor were nearly nonexistent.
    The minimum age for employment is 15, although children under 15 
may perform light work in cultural or artistic performances, so long as 
it does not affect their health, safety, or schooling. The Labor 
Inspection Office and Health Protection Office must approve, agree on 
the maximum hours, and set conditions for child labor under 15. 
Children under 16 may not work more than 30 hours per week, and 
children 16-17 are limited to 37.5 hours per week. Children under 18 
are not allowed to work underground, perform work that is inappropriate 
for their age or health, or work overtime.
    Child labor complaints were received and investigated by district 
inspection units. If it was determined that a child labor law or 
regulation had been broken, the case was turned over to the national 
inspection unit of the Ministry of Labor.

    e. Acceptable Conditions of Work.--The minimum wage of $224 (6,500 
SKK) per month provided a decent standard of living for a worker and 
family in rural areas of the country, but not in urban areas. During 
the year, the Government streamlined the fund established in 2000 that 
guarantees lost wages due to employer bankruptcy or insolvency. The 
poverty line was $182 (5,290 SKK) for a single person. The average 
salary for the first 9 months of the year was $521 (15,105 SKK). The 
Labor Code mandates a maximum work week of 48 hours (including 
overtime). The trade unions, Ministry of Labor, and local employment 
offices monitored observance of these laws, and authorities effectively 
enforced them.
    The Labor Code establishes health and safety standards that the 
Office of Labor Safety generally enforced. For hazardous employment, 
workers undergo medical screening by a physician. They have the right 
to refuse to work in situations that endanger their health and safety 
and may file complaints against employers in such situations. Employees 
working under conditions endangering their health and safety for a 
certain period of time are entitled to paid ``relaxation'' leave in 
addition to their standard leave.

                               __________

                                SLOVENIA

    Slovenia is a parliamentary democracy and constitutional republic. 
Power is shared between a directly elected president (head of state), a 
prime minister (head of government), and a bicameral parliament, 
composed of the National Assembly (lower house) and the National 
Council (upper house). On October 3, the country held free and fair 
elections for seats in the National Assembly. The judiciary is 
independent.
    The Ministry of Interior (MOI), which was responsible for internal 
security, maintained effective control of the police. By law, the armed 
forces did not exercise civil police functions. A few members of the 
security forces committed isolated human rights abuses.
    The country continued its transition from a centrally planned to a 
market economy. The population was approximately 2 million. 
Manufacturing accounted for most employment, with machinery and other 
manufactured products constituting the major exports. For the year, 
growth in the gross domestic product was estimated at 4 percent and 
inflation at 3.2 percent.
    The Government generally respected the human rights of its 
citizens; however, there were problems in some areas. Police in several 
cases allegedly used excessive force against detainees. Credible 
sources alleged that media self-censorship existed as a result of 
indirect political and economic pressures. Violence against women was a 
problem. Trafficking in women and girls through and to the country for 
sexual exploitation was a problem. Minorities (including former 
Yugoslav residents without legal status and certain Romani communities) 
reported some governmental and societal discrimination.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Arbitrary or Unlawful Deprivation of Life.--There were no 
reports of the arbitrary or unlawful deprivation of life committed by 
the Government or its agents.

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

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The Constitution prohibits such practices; however, in a 
few cases human rights observers alleged that police used excessive 
force such as kicks, punches, and pushes during arrest.
    Prison conditions generally met international standards, and the 
Government permitted visits by independent human rights observers. Male 
and female prisoners were held separately, juvenile offenders were held 
separately from adults, and convicted criminals were held separately 
from pretrial detainees.

    d. Arbitrary Arrest or Detention.--The Constitution prohibits 
arbitrary arrest and detention, and the Government generally observed 
these prohibitions.
    Police are centrally organized under the supervision of the Police 
and Security Bureau of the MOI. The Bureau oversees the drafting of 
basic guidelines, security policy, and regulations governing the work 
of the police and exercises special inspectorial authority in 
monitoring police performance, with an emphasis on the protection of 
human rights and fundamental freedoms. The General Police 
Administration, headed by the General Director of the Police, has 
overall responsibility for the execution of police duties and oversees 
activities at the national level. Regional police duties are under the 
jurisdiction of police administration units, whose directors report to 
the General Director. Local police tasks fall to individual police 
stations, whose commanders report to the director of the relevant 
police administration.
    During the year, the independent Commission for the Prevention of 
Corruption received nine credible reports of police corruption, which 
were referred to the police for further investigation. There had been 
no prosecutions, trials, or dismissals based on the reports by year's 
end. Police corruption and abuse initially are investigated internally. 
If there is evidence of wrongdoing, the officers involved may be 
referred to the MOI or the prosecutor's office, depending on the 
severity of the breach.
    Detainees have the right to contact a legal counsel upon arrest, 
and authorities generally respected this right in practice. Authorities 
must advise detainees in writing within 24 hours of the reasons for the 
arrest. Detention may last up to 6 months before charges are brought; 
once charges are brought, detention may be extended for a maximum of 2 
years. Persons detained more than 2 years while awaiting trial or while 
their trial is ongoing must be released pending conclusion of their 
trial (see Section 1.e.). Lengthy pretrial detention was not a 
widespread problem, and defendants generally were released on bail, 
except in the most serious criminal cases. The law also provides 
safeguards against self-incrimination.

    e. Denial of Fair Public Trial.--The Constitution provides for an 
independent judiciary, and the Government generally respected this 
provision in practice. The judiciary generally provided citizens with a 
fair judicial process; however, court backlogs sometimes resulted in 
lengthy trials.
    The judicial system consists of district courts, regional courts, 
courts of appeals, an administrative court, and the Supreme Court. A 
nine-member Constitutional Court rules on the constitutionality of 
legislation, treaties, and international agreements and is the highest 
level of appeal for administrative procedures. Judges, elected by the 
National Assembly upon the nomination of the Judicial Council, are 
constitutionally independent. The Judicial Council is composed of six 
sitting judges elected by their peers and five presidential nominees 
elected by the Parliament.
    The Constitution provides for the right to a fair trial, and an 
independent judiciary generally enforced this right; however, the 
judicial system was overburdened and, as a result, the judicial process 
frequently was protracted. In some cases, criminal trials have lasted 
from 2 to 5 years.
    There were no reports of political prisoners.
    Eligibility to file a claim for denationalization of property 
depends on the citizenship of the claimant at the time the property was 
nationalized; however, current citizenship is not a factor in how the 
claims are processed. The Government did not track the claims of non-
citizens separately from those of citizens. Claims filed by individuals 
who were not resident in the country took longer to resolve because 
they commonly did not have local legal representation actively engaged 
in monitoring their cases and because it took longer for them to gather 
and submit required supporting documentation. Court backlogs also 
contributed to delays in resolving claims for denationalization of 
property.

    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; however, there were reports that indirect political and 
economic pressures continued to influence the media, resulting in 
occasional self censorship. There were credible reports that 
advertisers pressured media outlets to manipulate their presentation of 
public issues.
    The press was active and independent; however, major media did not 
represent a broad range of political or ethnic interests. The major 
print media were supported through private investment and advertising, 
and the Government owned substantial stock in many of the companies 
that were shareholders in the major media houses. Three of the six 
national television channels were part of the government-subsidized RTV 
Slovenia network. Cultural publications and book publishing received 
government subsidies.
    All major towns had radio stations and cable television. A 
newspaper was published for the ethnic Italian minority living on the 
Adriatic coast. Bosnian refugees and the Albanian community had 
newsletters in their own languages. Numerous foreign broadcasts were 
accessible via satellite and cable, and foreign newspapers, magazines, 
and journals were widely available. Minority language television and 
radio broadcasts were available.
    The law requires the media to offer free space and broadcasting 
time to political parties at election time. Television networks 
routinely provided public figures and opinion makers from across the 
political spectrum access to a broad range of programming and 
advertising opportunities.
    On February 10, the Maribor District Prosecutor filed five 
indictments in connection with the 2001 beating of investigative 
journalist Miro Petek, and a trial commenced on May 20. On June 8, a 
special National Assembly commission looking into the Government's role 
in the police investigation of the beating and trial stated that a 
determination of political interference could not be made. The trial 
was not concluded at year's end.

    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 were no formal requirements for recognition as a religion by 
the Government. Religious communities must register with the 
Government's Office for Religious Communities if they wish to be legal 
entities, and registration entitles such groups to value added tax 
rebates. In response to complaints from several groups that the office 
had failed to act on their registration applications, the Secretary 
General of the Government in June clarified registration procedures and 
instructed the office to process outstanding applications. During the 
year, the office had approved four out of six applications; two 
applications were still pending at year's end.
    The Constitution states that parents are entitled to give their 
children ``a moral and religious upbringing.'' Only those schools 
supported by religious bodies taught religion.
    The law provides for denationalization (restitution or 
compensation) of church property--church buildings and support 
buildings, residences, businesses, and forests--nationalized after 
World War II by the Socialist Federal Republic of Yugoslavia. By the 
end of September, the Government had finalized 33,874 (89 percent) of 
the 38,216 denationalization claims filed.
    In early October, a Jewish family grave was desecrated; police had 
not identified the perpetrators by year's end. Jewish community 
representatives reported prejudice, ignorance, and false stereotypes 
and negative images of Jews within society. Negative images of Jews 
were common in private commentary, and citizens generally did not 
consider Jews to be a native population.
    The Government promoted antibias and tolerance education in the 
primary and secondary schools, and the Holocaust was an obligatory 
topic in the contemporary history curriculum. The country designated 
May 9 as a day of remembrance commemorating the end of World War II and 
the liberation of Ljubljana; some municipalities also included 
remembrance of the Holocaust on this day.
    Societal attitudes toward the minority Muslim and Serbian Orthodox 
communities were generally tolerant; however, some persons feared the 
possible emergence of Muslim fundamentalism, and representatives of 
several opposition political parties spread this fear.
    According to the 2002 census, 2.4 percent of the population of the 
country is Muslim. While there are no governmental restrictions on the 
Muslim community's freedom of worship, services commonly were held in 
private homes under cramped conditions. In December 2003, 34 years 
after the project was originally proposed, the Ljubljana Municipal 
Council approved zoning changes that would permit construction of a 
mosque. In February, opponents of the mosque's construction gathered 
enough signatures to call a referendum on whether to permit required 
zoning changes. On July 12, the Constitutional Court blocked the 
referendum on the grounds that it would violate the constitutional 
provision providing for freedom of religion. At year's end, the Islamic 
community had selected a plot of land for the mosque and was moving 
ahead with construction plans.
    Interfaith relations were generally amicable, although the majority 
Catholic Church viewed foreign missionary groups as aggressive 
proselytizers.
    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 employ 
it.
    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 and asylum seekers.
    Since most potential refugees viewed the country as a transit point 
rather than a destination, few stayed long enough to be processed as 
refugees. During the year, the country granted refugee status to 39 
persons and humanitarian refugee status to an additional 74 persons. 
The issue of the provision of temporary protection did not arise 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 generally exercised this right in 
practice through periodic, free, and fair elections held on the basis 
of universal suffrage. On October 3, the country held free and fair 
elections for seats in the National Assembly and, on June 13, for seats 
in the European Parliament. In 2002, Janez Drnovsek was elected 
President in free and fair elections.
    During the year, the independent Commission for the Prevention of 
Corruption noted six reports of corruption among politically appointed 
functionaries of the Government and one report of corruption within the 
National Council. On December 9, an Appeals Court sentenced former 
State Secretary in the Ministry of Economy Boris Sustar to a 2-year 
prison term and a $27,890 (5 million tolars) fine for his involvement 
in a 2000 bribery scandal. The independent Commission for the 
Prevention of Corruption played an active role in educating the public 
and civil servants about corruption; however, at year's end, the 
Commission had neither adequate staff nor adequate funding to fulfill 
its mandate. On March 30, the Penal Code was amended to define 
corruption in line with the Organization for Economic Cooperation and 
Development's Convention on Bribery. On December 21, the National 
Assembly approved the use of a form that requires public servants to 
make financial disclosures.
    The law provides for free public access to all information 
controlled by state or local institutions and their agents. The 
Government provided such access for both citizens and non citizens 
alike, including foreign media. The Government may deny access to 
public information only if information is classified, it contains 
personal data protected by privacy laws, and in certain other narrowly 
defined exceptions.
    There were 14 women in the 90-seat National Assembly and 3 women in 
the 40-seat National Council. A total of 3 of 16 cabinet ministers were 
women.
    There were 2 members of minorities in the 90-seat National Assembly 
and none in the 40-seat National Council. The Constitution provides the 
``autochthonous'' (indigenous) Italian and Hungarian minorities the 
right, as a community, to have at least one representative in the 
Parliament. However, the Constitution and law do not provide any other 
minority group, autochthonous or otherwise, the right to be represented 
as a community in Parliament. In June 2003, the U.N. Committee on the 
Elimination of Racial Discrimination (CERD) issued a report 
recommending that the Government take further measures to ensure that 
all groups of minorities are represented in Parliament.
    Twenty distinct Romani communities, each designated autochthonous 
at the local level, are entitled to a seat on their local municipal 
councils. At year's end, one municipality (Grosuplje) was not in 
compliance with this law.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    A number of domestic and international independent human rights 
groups generally operated without government restriction, investigating 
and publishing their findings on human rights cases. Government 
officials generally were cooperative and responsive to their views.
    An Ombudsman for Human Rights operated independently of government 
or party control, interference or influence. The Ombudsman reported 
that his office had both the staff and resources to be effective and 
that he enjoyed good cooperation with the Government. The Ombudsman 
issues an annual report with wide ranging recommendations that is made 
available to the public. The Government took some steps to address the 
problems raised in the report.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The Constitution provides for equality before the law regardless of 
race, sex, disability, language, or social status. The Constitution 
provides special rights for the autochthonous Italian and Hungarian 
ethnic communities and for the small Romani community; these provisions 
were generally respected in practice.

    Women.--Violence against women occurred and was underreported; 
however, awareness of spousal abuse and other violence against women 
increased. SOS Phone, a nongovernmental organization (NGO) that 
provided anonymous emergency counseling and services to domestic 
violence victims, received thousands of calls during the year. The 
Government partially funded 9 shelters for battered women, which 
operated at capacity (approximately 109 total beds) and turned away 
numerous women. When police received reports of spousal abuse or 
violence, they actively intervened and prosecuted offenders.
    Rape, including spousal rape, is illegal but the latter was rarely 
reported. The NGO Amnesty International estimated that one in seven 
Slovenian women is raped during their lifetime but that only 5 percent 
seek assistance or counseling. The police actively investigated reports 
of rape and prosecuted offenders.
    Prostitution is illegal but decriminalized. Antitrafficking 
authorities and NGOs informally estimated that as many as 80 bars and 
clubs across the country could be engaged in prostitution. Trafficking 
in women for the purpose of sexual exploitation was a problem (see 
Section 5, Trafficking).
    The law does not explicitly prohibit sexual harassment; however, it 
may be prosecuted under sections of the Criminal Code that prohibit 
sexual abuse. Sexual harassment and violence remained serious problems.
    Government policy provides for equal rights for women, and there 
was no official discrimination against women or minorities in housing, 
jobs, or education. In rural areas, women, even those employed outside 
the home, bore a disproportionate share of household work and family 
care because of a generally conservative social tradition. However, 
women frequently were active in business and in government executive 
departments. Although both sexes had the same average period of 
unemployment, women frequently held lower paying jobs. On average, 
women's earnings were 90 percent of those of men. The Government's 
Office of Equal Opportunities promotes nondiscrimination between women 
and men.

    Children.--The Constitution stipulates that children ``enjoy human 
rights and fundamental freedoms consistent with their age and level of 
maturity,'' and the Government was committed to protecting children's 
rights and welfare.
    The Government provided compulsory, free, and universal primary 
school education for children through grade 9 (ages 14 and 15) and up 
to 4 additional years of free, voluntary secondary school education. 
Ministry of Education statistics showed an attendance rate of nearly 
100 percent of school age children, with most children completing 
secondary school. The Government provided universal health care for all 
citizens, including children.
    Child abuse was a problem; however, there was no societal pattern 
of abuse of children. The law provides special protection for children 
from exploitation and mistreatment. Social workers visited schools 
regularly to monitor any incidents of mistreatment or abuse of 
children.
    Trafficking in girls for the purpose of sexual exploitation was a 
problem (see Section 5, Trafficking).

    Trafficking in Persons.--On June 17, the Penal Code was amended to 
specifically criminalize trafficking in persons; nevertheless, 
trafficking of women and girls through, to, and from the country 
remained a problem. Penalties for trafficking range from 1 to 10 years' 
imprisonment. Persons can also be prosecuted for rape, pimping, 
procurement of sexual acts, inducement to prostitution, sexual assault, 
and other related offenses. Regional police directorates had 
departments that investigated trafficking and organized crime. During 
the year, 12 persons were prosecuted for ``forced slavery,'' and one 
was prosecuted for trafficking in human beings; all of the trials were 
ongoing at year's end.
    The country was primarily a transit, and secondarily a destination, 
country for women and teenage girls trafficked from Southeastern, 
Eastern, and Central Europe to Western Europe and North America. The 
country was also a country of origin for a small number of women and 
teenage girls trafficked to Western Europe. Victims were trafficked for 
purposes of sexual exploitation.
    A 2003 study by the International Organization for Migration 
reported that traffickers lured victims from Eastern Europe and the 
Balkan countries through offers of employment without indicating that 
it would involve the sex industry, media advertisements promising high 
wages, offers of employment as entertainers and dancers, and offers of 
marriage. Harsh conditions in their home countries also contributed to 
the willingness of some women to enter into prostitution, not knowing 
they would become trafficking victims, subjected to severe conditions.
    Traffickers reportedly subjected some trafficking victims to 
violence.
    There were no reports that government officials were involved in 
trafficking.
    Organized crime was responsible for some of the trafficking. In 
general, authorities did not treat trafficking victims as criminals; 
however, they usually were voluntarily returned to their home country 
either immediately upon detention or following their testimony in 
court.
    The Government's National Coordinator for Trafficking in Persons 
and Interagency Working Group on Trafficking in Persons have put 
forward a long-term national strategy to combat trafficking. The 
working group, which includes representatives of different ministries, 
NGOs, international organizations, and the media, established standard 
operating procedures for first responders to ensure that victims 
receive information about the options and assistance available to them.
    The domestic NGO Kljuc, which received some government funding in 
August, had a memorandum of understanding with the MOI that provided 
victims immunity from prosecution and temporary legal status, including 
work permits and access to social services. In April, Kljuc signed 
another memorandum with the police stipulating that police units would 
contact Kljuc during raids or investigations that potentially involved 
trafficking victims. Kljuc also worked to raise public awareness of 
trafficking, provide legal assistance, counseling, and other services 
to victims, and train police.
    The MOI produced pamphlets and other informational materials for 
NGO-run awareness programs to sensitize potential target populations to 
the dangers of and approaches used by traffickers. The Ministry also 
worked with NGOs to provide specialized training to police and to 
assist the small number of victims with reintegration.

    Persons With Disabilities.--There was generally no discrimination 
against persons with disabilities in employment, education, access to 
health care, or in the provision of other government services. The law 
mandates access to buildings for persons with disabilities, and the 
Government generally enforced these provisions in practice. 
Modifications of public and private structures to ease access by 
persons with disabilities continued, although at a slow pace. The 
Ministry for Labor, Family and Social Affairs has primary 
responsibility for protecting the rights of persons with disabilities.

    National/Racial/Ethnic Minorities.--According to the 2002 census, 
minorities made up approximately 17 percent of the population and 
included 35,642 Croats, 38,964 Serbs, 21,542 Bosniaks (Bosnian 
Muslims), 10,467 Muslims, 6,243 Hungarians, 6,186 Albanians, 3,246 
Roma, and 2,258 Italians.
    The Constitution provides special rights and protections to 
autochthonous Italian and Hungarian minorities, including the right to 
use their own national symbols and have bilingual education and the 
right for each to be represented as a community in Parliament (see 
Section 3). The Romani minority does not have comparable special rights 
and protections. The Constitution provides that ``the status and 
special rights of Gypsy communities living in Slovenia shall be such as 
are determined by statute.'' By year's end, Parliament had not enacted 
laws to establish such rights for the Romani community. A study funded 
by the European Community estimated that 40 percent of Roma in the 
country were autochthonous.
    On May 16, an outbreak of societal violence between the Romani 
community living near Krka and the local inhabitants reportedly 
resulted in the injury of several persons.
    Many Roma lived in settlements apart from other communities that 
lacked basic utilities such as electricity, running water, sanitation, 
and access to transportation. Romani representatives reported that some 
local authorities developed segregated substandard housing facilities 
to which Romani communities were forcibly relocated. Romani 
representatives also reported that Romani children often attend 
segregated classes and were selected by authorities in disproportional 
numbers to attend classes for students with special needs. In July, the 
Government provided funding for a program to desegregate and expand 
Romani education by training Romani educational facilitators and create 
special enrichment programs in public kindergartens. The Government has 
not developed a bilingual curriculum for Roma on the grounds that there 
is not a standardized Romani language. However, the Government has 
funded research into codification of the language.
    Romani representatives also reported discrimination in employment, 
which complicated their housing situation, and that Roma were 
disproportionally subject to poverty and unemployment. A 2003 report 
funded by the European Commission noted that the unemployment rate 
among Roma was 87 percent.
    The law provides Romani political representatives with a seat in 20 
municipal councils based on their autochthonous status in those 
communities. At year's end, only the municipality of Grosuplje had not 
complied with this law. In a June 2003 report, the CERD expressed 
concern that discriminatory attitudes and practices against the Roma 
persisted and that the distinction between ``indigenous'' Roma and 
``new'' Roma could give rise to new discrimination. Ethnic Serbs, 
Croats, Bosnians, Kosovar Albanians, and Roma from Kosovo and Albania 
were considered ``new'' minorities; they were not protected by the 
special constitutional provisions for autochtonous minorities and faced 
some governmental and societal discrimination.
    Regularization of status for non-Slovenian former Yugoslav citizens 
remained an issue. The MOI reported that, at year's end, it had 3,026 
pending applications for citizenship. During the year, it positively 
adjudicated 3,096 applications for citizenship and denied 477 
applications. The MOI also reported that, at year's end, it had 985 
pending applications for permanent residency. During the year, it 
positively adjudicated 3,976 applications for permanent residency and 
denied 254 applications.
    Some Yugoslavs residing in the country at the time of independence 
did not apply for citizenship in 1991-92 and subsequently found their 
records were ``erased'' from the population register. The deletion of 
these records from the population register has been characterized by 
some as an administrative decision and by others as an ethnically 
motivated act. In April 2003, the Constitutional Court ruled 
unconstitutional portions of a law governing the legal status of former 
Yugoslav citizens because it does not recognize the full period in 
which these ``erased'' persons resided in the country, nor does it 
provide them the opportunity to apply for permanent residency. There 
were approximately 18,305 persons in the country who had their records 
erased. At year's end, the Government had not completed legislation to 
resolve the Court's concerns.

    Other Societal Abuses and Discrimination.--The Constitution 
prohibits discrimination based on sexual orientation; however, there 
was societal discrimination against homosexuals. According to a poll of 
members of the gay and lesbian community conducted in 2001 by the 
domestic NGO Student Cultural Artistic Center, 49 percent of 
respondents had experienced some form of violence or harassment based 
on their sexual orientation, more than 20 percent reported 
discrimination in the workplace, and 7 percent reported discrimination 
in health care and in matters relating to tenancy.
Section 6. Worker Rights
    a. The Right of Association.--The Constitution provides that unions 
and their membership shall be free, and workers formed and joined 
unions of their choice without previous authorization or excessive 
requirements. All workers, except police and military personnel, were 
eligible to form and join labor organizations. Approximately 35 percent 
of the workforce was unionized.

    b. The Right to Organize and Bargain Collectively.--The law allows 
unions to conduct their activities without interference, and the 
Government protected this right in practice. The law provides for the 
right to bargain collectively, and it was freely practiced; however, 
the law requires that 10 percent of the workers in an industry sector 
be union members before collective bargaining can be applied to the 
sector as a whole. A large majority of workers were bound by collective 
bargaining contracts. The Constitution provides for the right to 
strike, and workers exercised this right in practice. The law restricts 
strikes by some public sector employees, primarily the police and 
members of the military services. There are no special laws or 
exemptions from regular labor laws in the country's three export 
processing zones in Koper, Maribor, and Nova Gorica.

    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.--The 
minimum age for employment was 15; however, during the harvest season 
or for other farm chores, younger children worked. Urban employers 
generally respected the age limits. The Ministry of Labor is 
responsible for monitoring labor practices and has inspection 
authority; police are responsible for investigating any violation of 
the law.

    e. Acceptable Conditions of Work.--The national monthly minimum 
wage of approximately $622 (111,484 tolars) provided a decent standard 
of living for a worker and family. The law limits the workweek to 40 
hours and provides for minimum annual leave of 20 days. The Ministry of 
Labor is responsible for monitoring labor practices and has inspection 
authority; police are responsible for investigating any violation of 
the law. The law was enforced effectively.
    Special commissions under the Ministries of Health and Labor set 
and enforced standards for occupational health and safety. Workers had 
the right to remove themselves from dangerous work situations without 
jeopardy to their continued employment; however, it was not clear to 
what extent they could do so in practice.
    Legally employed workers enjoyed the same rights and working 
conditions as citizens; however, since foreign workers were more likely 
to be engaged in illegal work than citizens, they generally had poorer 
rights and working conditions in practice.

                               __________

                                 SPAIN

    Spain is a democracy with a constitutional monarch. The Parliament 
consists of two chambers, the Congress of Deputies and the Senate. On 
March 14, Jose Luis Rodriguez Zapatero of the Socialist Party was 
elected Prime Minister, with the title President of the Government. 
Elections were free and fair. The judiciary is independent.
    Internal security responsibilities are divided among the National 
Police, which are responsible for security in urban areas; the Civil 
Guard, which police rural areas and control borders and highways; and 
police forces under the authority of the autonomous communities of 
Catalonia and the Basque region. Civilian authorities maintained 
effective control of the security forces. A few members of the security 
forces committed isolated human rights abuses.
    The market-based economy, with primary reliance on private 
enterprise, provided the population of over 42.6 million with a high 
standard of living. The economy grew during the third quarter at a 2.7 
percent annual rate. The annual inflation rate was 3 percent at year's 
end. Wages generally kept pace with inflation.
    The Government generally respected the human rights of its 
citizens; although there were a few problems in some areas, the law and 
judiciary provide effective means of addressing individual instances of 
abuse. There were credible allegations that a few members of the 
security forces abused detainees and mistreated foreigners and illegal 
immigrants. Lengthy pretrial detention and delays in trials were 
problems. Violence against women was a problem. Trafficking in women 
and teenage girls for the purpose of prostitution was a problem. 
Societal discrimination against Roma and immigrants remained a problem, 
as did occasional violence against immigrants.
    On March 11, a coordinated series of 10 explosions occurred during 
rush hour aboard 4 commuter trains in Madrid. The attacks by the 
Moroccan Islamic Combatant Group, an Islamic extremist group affiliated 
with al-Qaida, killed 191 persons and injured more than 1,800.
    The terrorist group Basque Fatherland and Liberty (ETA) continued 
its campaign of bombings. ETA sympathizers also continued a campaign of 
street violence and vandalism in the Basque region intended to 
intimidate politicians, academics, and journalists.
                        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 March 11, a coordinated series of 10 explosions occurred during 
rush hour aboard 4 commuter trains in Madrid. The attacks by the 
Moroccan Islamic Combatant Group killed 191 persons and injured more 
than 1,800. On April 2, Islamic extremists attempted to bomb the high 
speed AVE train south of Madrid. On April 3, six of the suspected 
leaders of the Madrid attacks killed a policeman and then committed 
suicide during a police raid of an apartment in Leganes.
    ETA, whose declared goal is to establish an independent Basque 
state, continued its terrorist campaign of bombings. ETA publicly 
claimed responsibility for its attacks.
    The Government continued to pursue legal actions against ETA 
members. By year's end, police had arrested 74 ETA members and 
collaborators and had dismantled 3 ETA operational cells. Authorities 
in France, Belgium, and the Netherlands have arrested, and in some 
cases extradited to Spain, ETA members. In October, French police, 
working with Spanish investigators, arrested ETA leaders Mikel Albizu 
and Soledad Iparraguirre.

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

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The law prohibits such practices; however, suspects 
charged with terrorism at times were tortured and abused during 
detention. According to Amnesty International (AI), government 
investigations of such alleged abuses often were lengthy and 
punishments were light.
    In February, the U.N. Special Rapporteur on Torture, Theo van 
Boven, issued a report on his visit to the country in October 2003. The 
purpose of the visit was to study the various safeguards for the 
protection of detainees in the context of anti-terrorism measures. The 
Rapporteur noted ``the degree of silence that surrounds the subject and 
the denial by the authorities without investigating the allegations of 
torture has made it particularly difficult to provide the necessary 
monitoring of protection and guarantees.'' He concluded that, ``in the 
light of the internal consistency of the information received and the 
precision of factual details these allegations of torture cannot be 
considered to be fabrications.'' Although not a regular practice, 
``their occurrence is more than sporadic and incidental.'' He 
recommended that the Government draw up a comprehensive plan to prevent 
and suppress torture and that the incommunicado regime be abrogated. 
The Government rejected the van Boven report, describing it as lacking 
``objective well founded analysis.''
    An AI report stated that torture was not present in a systematic 
form in the country, but certain practices such as holding detainees 
incommunicado could facilitate mistreatment. AI urged an end to legal 
provisions that allow police to hold suspects of certain terror-related 
crimes for up to 5 days with access only to a public lawyer. AI stated 
that giving suspects access to a lawyer of their choice would make for 
better observations of treatment in police custody. AI was also 
concerned about continuing reports of mistreatment of detainees in 
immigration detention centers and urged the Government to broaden its 
definition of torture to include rape by authorities while in custody.
    The Council of Europe's Committee for the Prevention of Torture 
made public a report in 2003 of its 2001 inspection that indicated that 
the Government had not complied with some of its recommendations to 
prevent mistreatment in jails. The committee reiterated its 
recommendations that the Government reduce from 5 days to 2 days the 
maximum period allowed for authorities to notify relatives or other 
persons of the fact and place of a subject's detention; that persons 
held in incommunicado detention be allowed a medical examination by a 
doctor of their own choice and receive written information regarding 
this proposed right; and that detainees be provided with more immediate 
access to a lawyer.
    There were credible allegations that a few members of the security 
forces abused detainees and mistreated foreigners and illegal 
immigrants. In July, regional Catalonian police were accused of having 
killed Moroccan national Farid Bendaomed on May 27 and having abused 
another six persons in an operation against drug trafficking.
    In 2002, AI reported that police had abused undocumented Moroccan 
minors, particularly in the Spanish North African enclaves of Ceuta and 
Melilla, and that some undocumented minors were returned to Morocco 
without sufficient concern for their welfare (see Section 2.d.). AI 
continued to express concern about the treatment in reception centers 
for undocumented minors.
    ETA bombings and attempted bombings caused numerous injuries and 
property damage. During the December 3 to 6 holiday weekend, ETA 
carried out 12 bombings in 2 sets of coordinated attacks in Madrid, 
Leon, Valladolid, Avila, Ciudad Real, Santillana del Mar, Alicante, and 
Malaga. Several of ETA's attacks were directed at the tourist industry 
on the northern coast, including August bombings in Santander, Gijon, 
Santiago de Compostela, and smaller communities in Cantabria, Asturias, 
and Galicia. In addition to attacks aimed at tourist zones, in 
September, ETA placed explosives near electrical lines in Irun in the 
Basque region. In February, two ETA members were arrested near Cuenca, 
while driving towards Madrid with 536 kilograms of explosives allegedly 
intended for bombing a train station.
    Prison conditions generally met international standards; however, 
in April, prisoners in Quatre Camins prison in Catalonia alleged abuse 
by prison guards while being transferred after a prison riot. The 
Department of Justice of Catalonia conducted an investigation of the 
incident and determined that no abuses had been committed.
    Women were held separately from men; juveniles were held separately 
from adults; and pretrial detainees were held separately from convicted 
criminals.
    The Government permits visits by independent human rights 
observers. In June, an AI delegation led by Secretary General Irene 
Khan visited the country. The group met with the new Government and 
presented a human rights action plan for the country. The delegation 
met the Prime Minister and the Ministers of Justice, Interior, and 
Foreign Affairs, as well as with the President of the Supreme Court.

    d. Arbitrary Arrest or Detention.--The Constitution prohibits 
arbitrary arrest and detention, and the Government generally observed 
these prohibitions.
    Police forces include the National Police, Municipal Police, the 
Civil Guard, and police forces under the authority of the autonomous 
communities of Catalonia and the Basque Country. All police forces 
operated effectively with no reports of systemic corruption. The 
Constitution provides for an ombudsman, called the People's Defender 
(Defensor del Pueblo), who investigated claims of police abuse (see 
Section 4).
    Arrest warrants were based on sufficient evidence and issued by a 
duly authorized official. Persons were apprehended openly and brought 
before an independent judiciary. Arrested persons were allowed prompt 
access to a lawyer of their choosing or, if they could not afford one, 
to an attorney appointed by the court. Defendants were released on bail 
unless the court believed that they might flee or be a threat to public 
safety. A suspect may not be held for more than 72 hours without a 
hearing, except in cases involving terrorism, in which case the law 
permits holding a suspect an additional 2 days--or a total of 5 days--
without a hearing. A judge may authorize semi-incommunicado detention 
for terrorism suspects, in which suspects have access only to a court-
appointed lawyer.
    At times pretrial detention was lengthy. Under the law, suspects 
cannot be detained for more than 2 years before being brought to trial 
unless a judge, who may extend pretrial detention to 4 years, 
authorizes a further delay. In practice, pretrial detention usually was 
less than 1 year.

    e. Denial of Fair Public Trial.--The Constitution provides for an 
independent judiciary, and the Government generally respected this 
provision in practice.
    The judicial structure consists of local, provincial, regional, and 
national courts with the Supreme Court at its apex. The Constitutional 
Court has the authority to return a case to the court in which it was 
adjudicated if it can be determined that constitutional rights were 
violated during the course of the proceedings. The National High Court 
handles crimes such as terrorism and drug trafficking. The European 
Court of Human Rights (ECHR) is the final arbiter in cases concerning 
human rights.
    The Constitution provides for the right to a fair public trial, and 
an independent judiciary generally enforced this right. There was a 
nine-person jury system. Defendants enjoy the presumption of innocence 
and have the right to be represented by an attorney (at state expense 
for the indigent), to confront witnesses and to present witnesses on 
their behalf, and to have access to government-held evidence. Following 
a conviction, defendants may appeal to the next higher court.
    The law calls for an expeditious judicial hearing following arrest; 
however, the judicial process often was lengthy.
    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. However, in 2003, the Government closed the Basque newspaper, 
Euskalunon Egunkaria, because of its links to the ETA. The courts 
approved additional 4-month extensions of the closing of the newspaper 
in February, June, and November. The paper did not re open by year's 
end. Ignacio Uria, one of the managers of Euskalunon Egunkaria, who had 
been imprisoned since February 2003, was set free in August.
    In May, the European Commission presented a report that denounced 
the restraints placed on journalists in the Basque region, particularly 
in covering the de-legitimizing of the Batasuna political party (see 
Section 3). The Government imposed restrictions against publishing 
documents that the Government interpreted as glorifying or supporting 
terrorism. The report also denounced restraints on domestic journalists 
covering the ecological disaster, when the Prestige oil tanker broke up 
off the northwestern coast of the country in November 2002, causing 
damage to both the marine environment and the fishing sector.
    The Government did not restrict access to the Internet.
    ETA and its sympathizers continued their violent campaign of 
intimidation against political, press, and academic professionals and 
organizations in the Basque country. In March 2003, the International 
Press Institute issued a report that indicated that journalists worked 
under the threat of terrorism.

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

    c. Freedom of Religion.--The Constitution provides for freedom of 
religion, and the Government generally respected this right in 
practice.
    The Constitution declares the country is a secular state, and 
various laws provide that no religion should have the character of a 
state religion; however, Catholicism was the dominant religion and 
enjoyed the closest official relationship with the Government. Among 
the various benefits enjoyed by the Catholic Church was financing 
through the tax system. Judaism, Islam, and many Protestant 
denominations had official status through bilateral agreements, but 
they enjoyed fewer privileges. In April 2003, the Government expanded 
the concept of ``well known deeply rooted beliefs'' (notorio arraigo) 
to the Church of Jesus Christ of Latter-day Saints (Mormons), which 
allows them to sign a bilateral agreement; however, the Mormons had not 
begun negotiations with the Government by year's end.
    The law establishes a legal regime and certain privileges for 
religious organizations to benefit from this regime. Religions not 
recognized officially, such as the Church of Scientology, were treated 
as cultural associations. Leaders of the Protestant, Muslim, and Jewish 
communities reported that they continued to press the Government for 
privileges comparable to those enjoyed by the Catholic Church. 
Protestant and Muslim leaders wanted their communities to receive 
government support through an income tax allocation or other 
designation.
    In March, two Jewish synagogues in Barcelona belonging to the 
Jewish Community of Barcelona and the Atid Jewish Community were 
vandalized repeating vandalism of previous years. The vandalism 
included anti-Semitic graffiti on the walls of the synagogue. The 
groups also reported that local extremist groups monitored them. The 
regional government responded by increasing security at the center.
    On May 27, Catalan police arrested three leaders of a neo Nazi 
group called the Circle of Indo-European Research on charges of being 
members in an illicit association that opposed the fundamental rights 
and public freedom of citizens within the international community. The 
police, as well as Jewish community leaders, believed the leaders were 
involved in the March synagogue attacks. One was charged with illicit 
association; the police released one of the leaders without bail, 
another was released with bail, and the third was released with an 
order to appear in court in July. The case was still pending at year's 
end.
    Officials from B'nai B'rith have suggested there was an increasing 
anti-Semitic tone in newspaper commentary and political cartoons as 
well as public displays of anti-Semitism at major sporting events. They 
cited the example of a soccer game. Some participants at the game wore 
swastikas and other Nazi emblems; they also displayed a banner with an 
anti-Semitic epithet.
    On October 15, partly in response to attacks against Jewish persons 
and institutions, the Spanish Council of Ministers approved a proposal 
from the Ministry of Justice calling for a Foundation for Pluralism and 
Coexistence.
    The law operationalizes Article 16 of the Constitution, which 
provides for religious freedom and the freedom from worship by 
individuals and groups. The Government generally enforced this law in 
practice. The Ministry of Justice has expressed concern about incidents 
of anti-Semitism in the country, stating that these incidents appear to 
be isolated events attributed mostly to small groups of youth or 
immigrants.
    In December, the Government designated January 27 as Holocaust 
Remembrance Day.
    Many citizens blamed recent Moroccan immigrants for increased crime 
rates in the country, which sometimes resulted in anti-Muslim 
sentiment. There has been no documented increase in violence towards 
Muslims following the March 11 train bombings in Madrid; however, 
Muslim leaders were concerned that media reports appeared to link the 
Islamic religion to the terrorist attacks. They also expressed concern 
over housing and employment discrimination. Unlike 2003, there were no 
reports of protests against the construction of mosques. The Islamic 
Federation reported that the building permit process for new mosque 
construction could be difficult and lengthy, especially for building 
sites in central urban locations. Some residents in the medieval 
quarter of Barcelona protested the Pakistani community efforts to build 
a prayer center.
    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 law provide for 
these rights, and the Government generally respected them in practice.
    The Constitution prohibits forced exile, and the Government did not 
employ it.
    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 (UNHCR) and other 
humanitarian organizations, including the Spanish Committee for 
Assistance to Refugees, in assisting refugees and asylum-seekers.
    Under the law, asylum requests are adjudicated in a two-stage 
process, with the Office of Asylum and Refugees making an initial 
decision on the admissibility of the application for processing. The 
Interministerial Committee for Asylum and Refuge (CIAR) examines the 
applications accepted for processing and included representatives from 
the Ministries of Interior, Justice, Labor, Foreign Affairs, and a 
nonvoting member of the UNHCR. The Minister of the Interior must 
approve the decision of the CIAR in each case. According to provisional 
statistics, at year's end, there were 5,531 applications for asylum, of 
which the Government granted 1,088 persons asylum status and admitted 
163 others for humanitarian or other reasons. The largest number of 
applicants came from Nigeria, Algeria, and Colombia.
    The Government also provided temporary protection to individuals 
who may not qualify as refugees under the 1951 Convention/1967 Protocol 
and provided it to approximately 160 persons during the year. Those 
granted admission for humanitarian reasons must renew their status 
annually. The law allows the applicant a 15 day grace period in which 
to leave the country if refugee status or asylum is denied. Within that 
time frame, the applicant may appeal the decision, and the court of 
appeal has the authority to prevent the initiation of expulsion 
procedures, which normally begins after 15 days.
    In 2003, the Ministry of Interior and the International 
Organization for Migration (IOM) signed an agreement to promote 
voluntary return of illegal immigrants, as well as of asylum and 
refugee seekers who so desire, to their countries of origin. In March, 
the agreement was extended through the end of the year. During the 
September to December 2003 pilot program, IOM helped 199 persons return 
to their country of origin.
    AI called for more in-depth, case-by-case reviews of the welfare of 
minors being returned to Morocco before their expulsion. The law 
prohibits the repatriation of minors without social services' knowing 
where the child will be returned, and authorities generally respected 
that provision. The Government sought more cooperation from Moroccan 
authorities in obtaining reinsertion information and passport and 
travel documents to facilitate the transfer of illegal minors. From 
December 2003 until April, more than 40 minors were returned and 
repatriated. Although document delays slowed progress between April and 
September, 11 minors were returned.
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 has a multiparty democracy with 
regularly scheduled elections in which all citizens age 18 and over 
have the right to vote by secret ballot. At all levels of government, 
elections are held at least every 4 years. During the year, Jose Luis 
Rodriguez Zapatero of the Socialist Party was elected Prime Minister, 
with the title President of the Government.
    In March 2003, the Supreme Court unanimously decided to declare 
Batasuna to be the political arm of ETA, a terrorist organization and, 
therefore, illegal. The delegalization means that Batasuna, Euskal 
Herritarrok, and Herri Batasuna were erased from the registry of 
political parties; that they will not be able to participate in any 
elections; that none of their activities (meetings, publications, 
electoral process) were permitted; and that their physical assets will 
be sold and the proceeds used for social or humanitarian activities. 
Despite the restrictions, Batasuna representatives were allowed to 
retain their seats in the Basque Parliament, although under a new 
organizational name. At year's end, the Government was investigating a 
Batasuna rally during which leaders of the organization reportedly 
expressed support for ETA members held in Spanish prisons.
    In September 2003, the Basque government initiated a claim against 
the Government at the ECHR alleging that the Law of Political Parties, 
used as a basis to delegalize Batasuna, violated fundamental rights. On 
February 5, the ECHR rejected the claim of the Basque government, 
saying that the case was ``inadmissible'' for technical reasons.
    The Government generally provides access to government information.
    Of 16 Cabinet ministers, 8 were women. There were 127 women in the 
350-seat lower house, 65 women in the 259-seat Senate. After the June 
elections, 18 of the 54 Spanish members of the European Parliament were 
women.
    The Government did not keep statistics on the ethnic composition of 
the national parliament. The Catalan Parliament included a member of 
Moroccan origin.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    A wide variety of domestic and international human rights groups 
generally operated without government restriction, investigating and 
publishing their findings on human rights cases. Government officials 
were cooperative and responsive to their views.
    The Constitution provides for an ombudsman, called the People's 
Defender, whose duties included investigating complaints of human 
rights abuses by the authorities. The Ombudsman operated independently 
from any party or government ministry, was elected every 5 years by a 
three-fifths majority of the Congress of Deputies, and was immune from 
prosecution. He had complete access to government institutions and to 
all documents other than those classified for national security 
reasons; he could refer cases to the courts on his own authority. The 
Ombudsman had a staff of approximately 150 persons and received 23,150 
complaints as of September. The majority of the complaints pertained to 
health and social services, integration and shelter services for 
immigrants, moving of imprisoned persons from one penitentiary to 
another, and lack of adequate facilities in such penitentiaries. 
Government agencies were responsive to the Ombudsman's recommendations. 
Several of the autonomous communities had their own ombudsman, and 
there were ombudsmen dedicated to the rights of specific groups, such 
as women, children, and persons with disabilities.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The Constitution provides for equal rights for all citizens, and 
discrimination on the basis of sex, race, ethnicity, nationality, 
disability, or ideology is illegal; however, social discrimination 
against Roma and immigrants continued to be problems.

    Women.--Violence against women, particularly domestic violence, 
remained a problem. According to the Government, as of year's end, 72 
women had been killed as a result of domestic violence. Through 
November, women had filed 52,899 complaints against their husbands or 
male partners. The Government continued to take steps to reduce 
violence against women. On October 7, the Congress unanimously approved 
the Integral Law Against Gender Violence, a domestic violence law that 
provides for heavier sentences when violence is directed against women 
or ``especially vulnerable'' victims; however, the law will not be 
enacted until 2005.
    The law prohibits rape, including spousal rape, and the Government 
effectively enforced it. As of November, 1,375 reports of rape had been 
received. There were 54 Civil Guard units that assisted battered women 
and 43 similar units in the National Police. There were 53 offices that 
provided legal assistance to victims of domestic violence and 
approximately 225 shelters for battered women. A 24-hour free national 
hotline that advised women or where to find local assistance or shelter 
operated during the year.
    The Government of Catalonia and the Chief Public Prosecutor signed 
an agreement in 2003 providing that a doctor should examine female 
immigrants in Catalonia in danger of suffering from female genital 
mutilation (FGM) ``ablation'' when traveling to their countries of 
origin and again upon return. If they were victims of FGM, the parents 
could lose custody of the child. In practice, doctors have not examined 
immigrants, because there was no suspicion that any such cases took 
place. No children were removed from their parent's custody. There have 
not been any complaints from nongovernmental organizations (NGOs).
    Prostitution was a problem. Prostitution is not illegal, but 
forcing others into involuntary prostitution and organizing 
prostitution rings are illegal. Trafficking in women for the purpose of 
prostitution was a problem (see Section 5, Trafficking). The Government 
contracted with an NGO, Proyecto Esperanza (Project Hope), to provide 
protection, housing, and counseling support to women who were the 
victims of trafficking or other abuse.
    The law prohibits sexual harassment in the workplace; however, the 
Government did not effectively enforce it. As of November, the Women's 
Institute reported 372 complaints of sexual harassment. Discrimination 
in the workplace and in hiring practices persisted.
    Discriminatory wage differentials continued to exist, and women 
held fewer senior management positions than men. In 2003 the female 
unemployment rate was almost twice the rate for males; women 
outnumbered men in the legal, journalism, and health care professions, 
but they still played minor roles in many other fields.

    Children.--The Government was strongly committed to children's 
rights and welfare; it amply funded a system of public education and 
health care. Education was compulsory until age 16 and free until age 
18. However, many Romani children did not attend school on a regular 
basis, and some of those who did complained of harassment in schools.
    The Ministries of Health and Social Affairs were responsible for 
the welfare of children and have created numerous programs to aid needy 
children.
    Access to the national health care system was equal for girls and 
boys.
    There were isolated reports of violence against children, although 
there appeared to be no societal pattern of abuse of children.
    Trafficking in teenage girls for prostitution was a problem (see 
Section 5, Trafficking).
    Law enforcement and social service agencies reported an increasing 
number of undocumented immigrant children living on the streets.
    Numerous NGOs promoted children's rights and welfare, often through 
government-funded projects. Several of the Autonomous Communities had 
an office of the Defender of Children, an independent, nonpartisan 
agency charged with defending children's rights.

    Trafficking in Persons.--The law prohibits trafficking in persons; 
however, trafficking in women and teenage girls remained a problem.
    The law prohibits trafficking in persons for labor and sexual 
exploitation, with penalties ranging from 5 to 12 years' imprisonment. 
The exploitation of prostitutes through coercion or fraud and the 
exploitation of workers in general also are illegal, although 
prostitution is not illegal. According to a September 18 press report, 
police dismantled approximately 100 illegal immigration, document 
falsification, and prostitution networks during the year. Police 
cooperation with source countries led to 303 trafficking-related 
arrests in source countries in 2003. The Government extradited seven 
individuals for trafficking related offenses in 2003.
    The Government specifically targeted trafficking as part of its 
broader plan to control immigration; for example, the police actively 
pursued and prosecuted organized crime groups that used false identity 
documentation for immigrant smuggling of all kinds, including 
trafficking. Within the Interior Ministry, the National Police Corps 
had primary responsibility for all matters pertaining to immigration, 
including trafficking. Regional authorities also participated in 
contesting organized criminal activity, including trafficking. In 
addition, the Interior Ministry chaired an interagency committee on all 
immigration issues, including trafficking. The Ministries of Foreign 
Affairs, Health, Education, Treasury, and Labor also were members of 
the committee. The main police school gave courses on trafficking 
issues, such as the recognition of fake documents and the best ways to 
identify traffickers.
    On September 29, Catalan police arrested four alleged members of an 
international prostitution ring. The gang reportedly trafficked women 
from Eastern Europe, particularly Romania, bringing them to Catalonia, 
where they were forced into prostitution. The alleged traffickers, one 
Albanian and three Romanians, deceived women into believing that they 
would work as waitresses in Spain. On arrival, allegedly, the men 
confiscated their victims' identification documents, rendering them 
vulnerable.
    The country was both a destination and transit country for 
trafficked persons for the purpose of sexual exploitation and, to a 
lesser degree, forced labor (see Section 6.d.). Trafficked women were 
usually 18 to 30 years of age, but some girls were as young as age 16. 
Women were trafficked primarily from Latin America (Colombia and 
Ecuador), East European countries (Romania and Bulgaria), sub-Saharan 
Africa (Nigeria, Guinea, Sierra Leone), and, to a lesser extent, North 
Africa. Asians, including Chinese, were trafficked to a much lesser 
degree and more often for labor rather than for prostitution.
    Victims were trafficked into the country for both sexual 
exploitation (most frequently involving prostitution and work in nude 
dancing and alternative clubs) and labor exploitation (primarily 
agriculture, construction, and domestic employment). Methods used by 
traffickers to maintain control of their victims included physical 
abuse, forced use of drugs, withholding of travel documents, and 
threats to the victim's family. As a group, women from Eastern Europe 
reportedly were subject to more severe violence and threats by 
traffickers. Traffickers lured some victims from other regions with 
false promises of employment in service industries and agriculture but 
then forced them into prostitution upon their arrival in the country.
    The media reported that criminal networks often lured their victims 
by using travel agencies and newspaper advertisements in their home 
countries that promised guaranteed employment in Spain. Typically in 
the case of Romanian organized networks, women were forced into 
prostitution where 90 percent of their earnings were marked for the 
criminal network; men were often employed in low-paying construction 
jobs. Clandestine clothing production and sales as well as work in 
restaurants were typical types of employment for illegal Asian 
immigrants who came to the country with false documents through 
trafficking networks.
    The law permits trafficking victims to remain in the country if 
they agree to testify against the perpetrators. After legal proceedings 
conclude, the individual is given the option of remaining in the 
country or returning to the country of origin. Victims were encouraged 
to help police investigate trafficking cases and to testify against 
traffickers. In 2003, police reported that 250 victims agreed to 
testify and were granted short-term residency status. The Government 
worked with and funded NGOs that provided assistance to trafficking 
victims. In addition, regional and local governments provided 
assistance either directly or through NGOs. The Government's violence 
education programs for female victims and an NGO partner on trafficking 
reported that 89 percent of the victims they assisted pressed criminal 
charges.
    Project Hope, a program backed by the Catholic NGO Las Adoratrices 
and government agencies, specifically was designed to assist 
trafficking victims. The project operated shelters in Madrid, provided 
assistance with medical and legal services, and acted as liaison with 
law enforcement for victims who chose to testify against traffickers. 
Project Hope received many of its referrals directly from police.

    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; however, levels of 
assistance and accessibility differed from region to region. According 
to documentation from the Spanish Center for Disability Documentation, 
regional regulations on access for persons with disabilities were most 
lacking in Murcia, Ceuta, and Melilla.
    On January 30, the Council of Ministers approved increased 
incentives and subsidies for employers who hire disabled women. On June 
21, the Ministry of Labor announced that the Government would reserve 5 
percent of all public employment for persons with disabilities.

    National/Racial/Ethnic Minorities.--Public opinion surveys 
indicated the continued presence of racism and xenophobia, which 
resulted in discrimination and, at times, violence against minorities. 
In its annual report, the NGO ``SOS Racism'' denounced the increase in 
xenophobia.
    On September 16, there were racially motivated attacks against 
Chinese-owned businesses in Elche.
    At times, the growth of the country's immigrant population led to 
social friction, which in isolated cases had a religious component. 
Muslim community representatives stated that there were significant 
anti-Moroccan immigrant feelings. In September, the Reus Citizens 
Assembly in Catalonia denounced an attack by a neo-Nazi skinhead group 
at the Reus Mosque. In November, residents of Navas del Marques, a 
village in the province of Avila, began a campaign against the opening 
of a mosque. Police seized papers that were distributed asking for 
signatures to prevent the opening because the papers were deemed to be 
racist and xenophobic. In May 2003, a group of skinheads attacked some 
members of the Moroccan community in the Catalonian town of Terrassa, 
but this attack was apparently more racially motivated than religious. 
Authorities have not identified the perpetrators.
    Roma continued to face marginalization and discrimination in access 
to employment, housing, and education. The Romani community, whose size 
was estimated by NGOs at several hundred thousand, suffered from 
substantially higher rates of poverty and illiteracy than the 
population as a whole. Roma also had higher rates of unemployment and 
underemployment. According to the national NGO, Secretariado General 
Gitano, approximately 46 percent of Romani adults were unemployed. Roma 
occupied the majority of the country's substandard housing units. 
Several NGOs dedicated to improving the condition of Roma received 
federal, regional, and local government funding.
    Citizens have filed more than 445 complaints with the Catalan 
regional government denouncing the lack of compliance with the law on 
linguistic policy, which requires that Catalan be the official language 
but provides Spanish-speaking citizens the right to be addressed in 
their native language. The Catalan Government has penalized the Post 
Office for repeatedly failing to comply with Catalan law.
Section 6. Worker Rights
    a. The Right of Association.--The Constitution and laws ensure that 
all workers, except those in the military services, judges, 
magistrates, and prosecutors, are entitled to form or join unions of 
their own choosing, and workers legally in the country exercised this 
right in practice. Approximately 15 percent of the workforce was 
unionized. The law prohibits discrimination by employers against trade 
union members and organizers; however, unions contended that employers 
practiced discrimination in many cases by refusing to renew the 
temporary contracts of workers engaging in union organizing.

    b. The Right to Organize and Bargain Collectively.--The law 
provides for the right to organize and bargain collectively, including 
for all workers in the public sector except military personnel, and 
unions exercised this right in practice. Public sector collective 
bargaining includes salaries and employment levels, but the Government 
retained the right to set these if negotiations failed. Collective 
bargaining agreements were widespread in both the public and private 
sectors; in the latter they covered 85 to 90 percent of workers, 
although only approximately 15 to 20 percent of workers were union 
members. The Constitution provides for the right to strike and workers 
exercised this right. There are no special laws or exemptions from 
regular labor laws in the three special economic zones in the Canary 
Islands, Ceuta, and Melilla.

    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).

    d. Prohibition of Child Labor and Minimum Age for Employment.--
Child labor was generally not a problem. The statutory minimum age for 
the employment of children is age 16. The law also prohibits the 
employment of persons under the age of 18 at night, for overtime work, 
or in sectors considered hazardous. The Ministry of Labor and Social 
Affairs primarily was responsible for enforcement, and the minimum age 
was enforced effectively in major industries and in the service sector. 
It was more difficult to enforce the law on small farms and in family-
owned businesses, where some child labor persisted. Legislation 
prohibiting child labor was enforced effectively in the special 
economic zones.
    Law enforcement and social service agencies reported an increasing 
number of undocumented immigrant children living on the streets. These 
children cannot legally work; as a result, many survived through petty 
crime.

    e. Acceptable Conditions of Work.--The minimum wage was $657 
(490.80 euros) per month, which generally provided a decent standard of 
living for a worker and family; however, this was not the case in all 
areas of the country. The Ministry of Labor effectively enforced the 
minimum wage.
    The law set a 40-hour workweek with an unbroken rest period of 36 
hours after each 40 hours worked. Overtime is restricted by law to 80 
hours per year, unless collective bargaining established something 
different. It is illegal for minors to work overtime.
    The National Institute of Safety and Health in the Ministry of 
Labor and Social Security had technical responsibility for developing 
labor standards, but the Inspectorate of Labor had responsibility for 
enforcing the legislation through judicial action when infractions were 
found. Unions have criticized the Government for devoting insufficient 
resources to inspection and enforcement. Workers enjoy legal 
protections that allow them to remove themselves from dangerous work 
situations without jeopardy to their continued employment; however, 
employees with short-term labor contracts may not understand they have 
such protections.

                               __________

                                 SWEDEN

    Sweden is a constitutional monarchy with a multiparty parliamentary 
form of government. The last national elections held in 2002, were free 
and fair. The Social Democratic Party (SDP) has controlled the 
Government for 64 of the past 72 years. The King is the largely 
symbolic head of state, and the Prime Minister is the head of the 
Government and exercises executive authority. The judiciary is 
independent.
    Police provided internal security and the military provided 
external security. The civilian authorities maintained effective 
control of the security forces. There were no reports that security 
forces committed human rights abuses.
    The country had an advanced industrial economy, mainly market 
based, with a total population of approximately 9 million. Citizens 
enjoyed a high standard of living, with extensive social welfare 
services. During the year, the economic growth rate was an estimated 
3.3 percent. During the year, the inflation rate was 1.1 percent, down 
from 2.3 percent in 2003.
    The Government generally respected the human rights of its 
citizens, and the law and judiciary provided effective means of dealing 
with individual instances of abuse. Anti-Semitic crimes were a problem. 
Violence against women and child abuse were problems. Trafficking in 
women and children was a problem. Societal discrimination against 
foreign-born residents and homosexuals was a problem.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Arbitrary or Unlawful Deprivation of Life.--There were no 
reports of the arbitrary or unlawful deprivation of life committed by 
the Government or its agents.

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

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The law prohibits such practices, and there were no 
reports that government officials employed them.
    During the year, the police officer charged with the 2001 wounding 
of three protesters was acquitted by the district court. The 
prosecution appealed the case to the Court of Appeal, which upheld the 
district court acquittal in November.
    Prison conditions generally met international standards; however, 
the Council of Europe (COE) criticized the country for increasingly 
poor prison conditions, especially in the region of Stockholm where 
there were overcrowding and lengthy detention periods, often longer 
than the statutory 7 days.
    Men and women prisoners were held separately. Juveniles were held 
separately from adults, and convicted criminals and pretrial detainees 
were held separately.
    The Government permitted visits by independent human rights 
observers, although there were no such visits during the year.

    d. Arbitrary Arrest or Detention.--The Constitution prohibits 
arbitrary arrest and detention, and the Government generally observed 
these prohibitions.
    There is a national-level police force divided into 12 districts, 
each of which reports to a National Police Board under jurisdiction of 
the Ministry of Justice. There were no reports of corruption or of 
problems related to impunity. Police recruitment policy sought to 
increase the number of women and augment ethnic diversity in the force.
    The law requires warrants for arrests. Police must file charges 
within 6 hours against persons detained for disturbing the public order 
or considered dangerous and within 12 hours against those detained on 
other grounds. Police may hold a person for questioning for 6 hours, 
although the period may be extended to 12 hours if necessary for the 
investigation. If the person is a suspect, police must decide whether 
to arrest or release the person. If the suspect is arrested, the 
prosecutor has 24 hours (or 3 days in exceptional circumstances) to 
request detention. An arrested suspect must be arraigned within 48 
hours, and initial prosecution must begin within 2 weeks, unless 
extenuating circumstances exist. Detainees routinely were released 
pending trial unless they were considered dangerous.

    e. Denial of Fair Public Trial.--The Constitution provides for an 
independent judiciary, and the Government generally respected this 
provision in practice.
    The judicial system is composed of three levels: District Courts, a 
Court of Appeals, and a Supreme Court. All cases are heard first in a 
district court regardless of the severity of the alleged crime. For 
some areas, there are specialized courts, such as labor, water, real 
estate, and market courts. These courts usually are the second and last 
instance for trial after the district court.
    The Constitution provides for the right to a fair trial, and an 
independent judiciary generally enforced this right. The court system 
distinguishes between civil and criminal cases. Defendants enjoy a 
presumption of innocence and have a right of appeal. Defendants in 
civil cases have the right to defend themselves or to hire an attorney. 
In criminal cases, the Government is obligated to provide a defense 
attorney if the defendant cannot afford one. A ``free evidence'' system 
allows parties to present in court any evidence, regardless of how it 
has been acquired. The legal system does not provide for release on 
bail. All trials are public. Juries are used only in cases involving 
freedom of the press or freedom of speech. In other cases judges or 
court-appointed civilian representatives make determinations of guilt 
or innocence.
    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 law prohibits hate speech that makes ``agitation against ethnic 
groups'' a crime. Under this law, neo Nazi groups were not permitted to 
display signs and banners with provocative symbols at their rallies 
(see Section 5). In July, Pentecostal Pastor Ake Green was convicted 
under this law in connection with a sermon in which he voiced 
condemnation of homosexuality. He was sentenced to 1 month's 
imprisonment; he has appealed the verdict on the basis of freedom of 
speech.
    The independent media were active and expressed a wide variety of 
views without government restriction. 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.

    c. Freedom of Religion.--The Constitution provides for freedom of 
religion, and the Government generally respected this right in 
practice. The Government did not prohibit the practice or teaching of 
any faith.
    The Swedish Commission for State Grants to Religious Communities 
financed 39 religious groups in 2003, the vast majority were Christian 
churches, and the remainder were four Islamic organizations and the 
Jewish community. The Swedish Buddhist Cooperation Council (Sveriges 
Buddhistiska Samarbetsrad) protested that it has not received such 
funding and that it was not represented on the Government's Council for 
Contact with Religious Communities.
    According to police statistics, the number of reported anti-Semitic 
hate crimes has increased since the end of the 1990s, averaging 
approximately 130 annually during the period 2000 to 2003. During 2003, 
128 anti-Semitic crimes were reported; of these, 3 were classified as 
assaults, 52 as agitation against an ethnic group, and 35 as unlawful 
threat or harassment. There have been a number of high profile 
incidents in Malmo. For example, in March, stones were thrown at 
employees of the Jewish Burial Society at a Jewish cemetery. During the 
past few years, the Government has taken steps to combat anti-Semitism 
by increasing awareness of Nazi crimes and the Holocaust.
    Since 2001, anti-Muslim incidents appeared to have increased. The 
office of the Ombudsman against Ethnic Discrimination confirmed that a 
number of Muslim women had reported incidents where they believed that 
they have been discriminated against because they wore headscarves. A 
court determined that discrimination did not take place in a ruling of 
a 2003 case in which the defendant alleged she had been denied 
employment because she wore a headscarf for religious reasons. The 
police were not able to identify the perpetrators of the arson 
committed against the Islamic school and the Islamic Center in Malmo in 
April 2003.
    The Jehovah's Witnesses and members of various smaller Christian 
churches reported incidents of discrimination during the past few 
years.
    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 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 
U.N. High Commissioner for Refugees and other humanitarian 
organizations in assisting refugees. The Government also provided 
temporary protection to individuals who may not qualify as refugees 
under the 1951 Convention/1967 Protocol.
    The number of asylum seekers decreased slightly: 23,116 persons 
sought asylum, compared with 31,355 in 2003. Of the total number of 
asylum seekers, 4,022 were from Serbia and Montenegro, 1,456 from Iraq, 
1,041 from Azerbaijan, and 905 from Somalia. The Government approved 
6,140 applications during the year. Applications could remain under 
consideration for long periods of time with applicants in uncertain 
status. The appeals process in the courts may extend cases for several 
years, although there were few such cases.
    The U.N. Committee against Torture received three new cases against 
the Government during the year, all of which were related to denial of 
applications for political asylum and consequent repatriations to 
countries where victims allegedly faced a risk of torture. During the 
year, the committee ruled on five cases and found that, in each case, 
the country had not violated the rights of the petitioners.
    The Government expeditiously returned asylum seekers from European 
Union (EU) countries or from countries with which there were reciprocal 
return agreements. In most cases, persons who were returned 
expeditiously had passed through or had asylum determinations pending 
in other EU countries. In many cases, asylum seekers were deported 
within 72 hours of arrival. The Government experimented with pilot 
programs at selected border crossings to provide expeditious legal 
assistance, a concern raised by some nongovernmental organizations 
(NGOs). The Government's accelerated asylum procedures drew criticism 
from various NGOs. The Government reported an increase in the 
percentage of asylum applications it denied. Human rights organizations 
expressed concern that some asylum cases were adjudicated too quickly 
and that claimants were sometimes denied access to legal aid and 
forcibly returned to their home country where they feared persecution. 
Concern was also expressed for the protection of individual 
(unaccompanied) children seeking asylum.
    The 2001 repatriation of two Egyptians gained attention during the 
year as the result of allegations that the deportees were subjected to 
torture in Egypt. Public criticism from human rights organizations and 
political parties sparked calls for a parliamentary inquiry into the 
legality of the deportations, as well as into alleged police brutality 
and alleged improper cooperation with a foreign country in the 
deportations. The Parliamentary Ombudsman opened an investigation of 
this incident by year's end.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The Constitution provides citizens with the right to change their 
government peacefully, and citizens exercised this right in practice 
through periodic, free, and fair elections held on the basis of 
universal suffrage.
    Elections to the 349-member unicameral Parliament are held every 4 
years; the last elections, which were generally free and fair, were 
held in September 2002. The SDP has dominated the political system for 
the past 7 decades, and SDP members occupied a disproportionately large 
number of publicly appointed positions. The Swedish Trade Union 
Confederation continued to provide significant financial and 
organizational support to the SDP.
    The law provides for public access to government information, and 
the Government generally respected this in practice. The public has the 
right to access government documents unless they were subject to 
secrecy laws, according to which information may be withheld if its 
release posed a threat to national security and individual or corporate 
privacy.
    Women were approximately 45 percent of the 349-seat Parliament and 
50 percent of the 22-member Cabinet.
    The Parliament included representatives of the principal religious, 
ethnic, and immigrant groups; however, Parliament does not provide 
information on the number of minorities serving in it. There were 4 
minorities in the 22 member Cabinet: 1 Turkish-Assyrian, 2 Estonians, 
and 1 Jewish member.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    A number of domestic and international human rights groups 
generally operated without government restrictions, investigating and 
publishing their findings on human rights cases. Government officials 
were very cooperative and responsive to their views.
    The Parliamentary Ombudsman investigates and publicizes abuses of 
government authority at the national and local level and initiates 
actions to rectify such abuses. This institution, provided for in the 
Constitution, constitutes a form of parliamentary control over the 
executive. Any person may file a complaint with the Parliamentary 
Ombudsman's Office. In addition to the Parliamentary Ombudsman, there 
are the following 6 government-appointed ombudsmen: The Consumer 
Ombudsman, the Equal Opportunities Ombudsman, the Ombudsman against 
Ethnic Discrimination, the Ombudsman against Discrimination because of 
Sexual Orientation, the Children's Ombudsman, and the Disability 
Ombudsman. Press organizations jointly finance a Press Ombudsman, 
empowered to investigate violations of newspaper practices. The Swedish 
Institute, a government-funded entity to promote knowledge about the 
country, reported that the Parliamentary Ombudsman's office handled 
approximately 5,000 complaints per year, of which 20 to 25 percent 
resulted in full investigations.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The law prohibits discrimination based on disability, ethnicity, 
religion, or sexual preference, and the Government effectively enforced 
these provisions.

    Women.--Violence against women remained a problem. The National 
Council for Crime Prevention reported 22,669 cases of assault against 
women. Most involved spousal abuse. An average of 30 murders of women 
and girls are reported each year, half of them by men closely related 
to the victim. Authorities apprehended and prosecuted abusers. The 
typical sentence for abuse was a prison term (14 months on average) or 
psychiatric treatment. Unlike in the previous year, women's 
organizations did not complain about short sentences and early release 
of offenders.
    Rape is illegal, and the law does not differentiate between spousal 
and nonspousal rape. The law stipulates higher sanctions for repeated 
crimes if the perpetrator had a close relation to the victim. The 
National Council for Crime Prevention reported 2,141 rapes of persons 
over age 14, compared with 1,851 in 2003. The law provides that rape 
may be prosecuted as sexual assault instead of the more serious crime 
of rape, based on a determination of the level of resistance offered by 
the victim.
    The law provides complainants with protection from contact with 
their abusers. In some cases, authorities helped women obtain new 
identities and homes. The Government provided electronic alarms or 
bodyguards for women in extreme danger of assault. Both national and 
local governments helped fund volunteer groups that provided shelter 
and other assistance to abused women, and both private and public 
organizations ran shelters. A number of NGOs and local government 
authorities operated hotlines for victims of crime, and police were 
trained to deal with violence against women.
    The Government continued to focus on honor killings and provided 
protected housing for young women vulnerable to honor-related violence 
from family members. In December, the Government hosted a 2-day 
international conference ``Combating Patriarchal Violence against 
Women--Focusing on Violence in the Name of Honor.''
    The law specifically prohibits the purchase or attempted purchase 
of sexual services.
    Trafficking in women for purposes of sexual exploitation was a 
problem (see Section 5, Trafficking).
    Sexual harassment was a problem. The law prohibits sexual 
harassment; employers who do not investigate and intervene against 
harassment at work may be obliged to pay damages to the victim. As with 
other forms of discrimination, women and men may file complaints with 
the courts or their unions.
    Employers are required by law to treat men and women alike in 
hiring, promotion, and pay, including equal pay for comparable work. 
Some sectors of the labor market still showed significant gender 
disparities, many with a strong preponderance of either men or women. 
During the year, women's salaries averaged 84 percent of men's 
salaries, adjusting for age, education, and occupational differences. 
To combat gender discrimination in the long term, the Equal 
Opportunities Act requires employers, in both public and private 
sectors, to promote actively equal opportunities for women and men in 
the workplace. The Equal Opportunity Ombudsman, a public official, 
investigates complaints of gender discrimination in the labor market. 
Complaints may also be filed with the courts or with the employer, with 
mediation by the employee's labor union. During the year, the Equal 
Opportunities Ombudsman's office registered 126 cases. Women filed 
approximately 81 percent of the cases, and 34 percent concerned salary 
issues.
    The number of discrimination complaints related to pregnancy fell 
to 19, compared with 30 in 2003.

    Children.--The Government was strongly committed to children's 
rights and welfare; it amply funded systems of public education and 
medical care. An official Children's Ombudsman monitored the 
Government's programs. The Government provided compulsory, free, and 
universal education for children age 9 to 16. It also provided free 
medical care for all children up to the age of 16.
    Child abuse was a problem. During the year, the National Council 
for Crime Prevention reported 8,198 cases of abuse of children under 
the age of 15. There were 467 reported cases of rape, and 1,400 
reported cases of sexual abuse of children, compared with 332 reported 
cases of rape and 1,043 reported cases of child sexual abuse in 2003.
    The law prohibits parents or other caretakers from abusing children 
mentally or physically in any way. Parents, teachers, and other adults 
are subject to prosecution if they physically punish a child, including 
slapping or spanking. Children have the right to report such abuses to 
the police. The usual sentence for such an offense is a fine combined 
with counseling and monitoring by social workers. Authorities may 
remove children from their homes and place them in foster care. Foster 
parents seldom receive permission to adopt long-term foster children, 
even in cases where the biological parents were seen as unfit or sought 
no contact with the child. Unlike in the previous year, critics did not 
charge that this policy placed the rights of biological parents over 
the needs of children for security in permanent family situations.
    The Government allocated funds to private organizations concerned 
with children's rights. The NGO Children's Rights in Society offered 
counseling to troubled youngsters. The Government continued to be 
active internationally in efforts to prevent child abuse.

    Trafficking in Persons.--The law prohibits trafficking in persons; 
however, there were reports that persons were trafficked to, through, 
and within the country.
    The Government continued to place a high priority on combating 
trafficking despite its relatively low incidence in the country. The 
law prohibits the trafficking of persons for sexual purposes, provides 
for sentences of 2 to 10 years' imprisonment for persons convicted of 
trafficking, and criminalizes attempting to traffic, conspiracy to 
traffic, and the failure to report such crimes. During the year, 
amendments to the law made it applicable to forced labor and the trade 
in human organs, also, the trafficking definition no longer requires 
the element of cross border activity.
    To prosecute traffickers, authorities primarily continued to use 
laws against procurement and an offense called ``placing in distress,'' 
which can be used in cases where traffickers lure women from other 
countries under false pretenses. During the year, there were 97 cases 
of procurement reported, many involving trafficking victims. 
Traffickers sentenced for procurement faced up to 6 years in prison, 
but most sentences were for 2 to 3 years' imprisonment.
    According to police, the country remained primarily a trafficking 
destination, although it also served as a transit point for women and 
children. Police reported that between 400 and 600 women were 
trafficked to the country every year, coming primarily from the Baltic 
region, Eastern Europe, or Russia. Those transiting the country came 
primarily from the Baltic region, and the principal destination 
countries were Spain, Germany, Denmark, and Norway. There have been 
occasional cases of trafficked women from South America and Thailand. 
Police reported eight cases of child trafficking, involving victims 
ages 16 and 17. Most of these children were trafficked from Estonia 
with one from Moldova and one from Vietnam.
    Women typically were recruited in their own countries to work as 
cleaners, babysitters, or in similar employment. Once in the country, 
victims were isolated and intimidated by traffickers and forced to work 
as prostitutes in hotels, restaurants, massage parlors, or private 
apartments; some were even locked up and had their passports 
confiscated.
    The Government allocated funds to domestic and international NGOs 
for providing shelter to victims and aid in rehabilitation; the police 
and social services also provided funding. In October, new legislation 
came into force enabling trafficking victims to receive temporary 
residence permits to allow better care for victims and to facilitate 
police investigations. Prior to the October legislation, in most cases, 
trafficking victims were deported immediately. A new statutory 
amendment entitles trafficking victims to full social benefits while 
their cases are being investigated. The National Police Board launched 
a 1 year project to look into the problem of trafficked children.

    Persons With Disabilities.--The law prohibits employers from 
discriminating against persons with disabilities in hiring decisions 
and prohibits universities from discriminating against students with 
disabilities in making admission decisions. No other specific laws 
prohibit discrimination against persons with disabilities. There is an 
Ombudsman for Disability Issues.
    The Government provides for freedom of access and social support as 
basic rights for citizens with disabilities. Regulations for new 
buildings require full accessibility, but there is no such requirement 
for existing public buildings, except for certain public entities that 
are obliged to make their facilities accessible. Many buildings and 
some public transportation remained inaccessible.

    National/Racial/Ethnic Minorities.--Approximately 12 percent of the 
population is foreign born, with the largest groups from Finland, Iraq, 
Iran, and the former Yugoslavia. In 2003, there were 2,308 reports of 
xenophobic crimes of which 417 were related to neo-Nazism. The total 
number of reported crimes connected with a racist motive numbered 
1,539, an increase over the 1,374 committed in 2002. The Government 
investigated and prosecuted race related crimes. Most estimates placed 
the number of active neo-Nazis, or white supremacists, at fewer than 
3,000, and there appeared to be little popular support for their 
activities or sentiments. However, during the year, Expo (an NGO that 
tracks xenophobic groups) upgraded their estimates of white 
supremacists to between 4,000 and 5,000. Expo also estimated the number 
of active domestic neo-Nazis with serious criminal backgrounds, a high 
propensity for violence, and a potential for terrorist activity at 
around 50.
    Approximately 1,400 persons attended an annual rally held in 
December, organized by the Salem Foundation (a neo-Nazi organization), 
commemorating the 2000 killing of a 17-year-old neo-Nazi sympathizer by 
immigrant youths. Neo-Nazi groups operated legally, but courts have 
held that it is illegal to wear xenophobic symbols or racist 
paraphernalia or to display signs and banners with provocative symbols 
at rallies, since the law prohibits incitement of hatred against ethnic 
groups.
    During the year, several demonstrations against violence and racism 
were organized throughout the country. The Government supported 
volunteer groups that opposed racism and xenophobia and allocated 
funding for projects supporting those who have left neo-Nazi 
organizations.
    The Ombudsman for Ethnic Discrimination received reports of 727 
cases of discrimination during the year.
    The law recognizes the Sami people, Swedish Finns, Tornedal Finns, 
Roma, and Jews as national minorities. The Government supported and 
protected minority languages. In response to a 2003 COE report that 
criticized government efforts to protect minority languages, Parliament 
initiated (at the Government's request) an investigation of ways to 
improve the status of the Finnish language in the greater Stockholm and 
Malar regions. Also in response to the COE report, the Government 
tasked a Parliamentary committee on media support to examine ways to 
improve support for Sami and Meankili minority-language newspapers. The 
School Authority also initiated an assessment of the role of minority 
languages in schools. In March, the Government released a report 
concluding a 2 year study on the situation of the Roma, which described 
the human rights situation for Roma in the country as unacceptable and 
indicated that their knowledge of their rights was limited.
    The number of complaints reported by Roma to the Office of the 
Ombudsman for Ethnic Discrimination appeared to increase in 2003; most 
were related to poor treatment by government authorities and refusal of 
entry to restaurants or stores.

    Indigenous People.--There were between 17,000 and 20,000 Sami 
(formerly known as Lapps and officially recognized in 2000 as a 
national minority) in the country. In March, the U.N. Committee on the 
Elimination of All Forms of Racial Discrimination criticized the 
Government for its failure to address Sami rights to land. In May, an 
EU human rights report reiterated the main points of the U.N. 
Committee's findings and criticized the Government for not having 
resolved issues surrounding the Sami rights to both land and water. 
During the last few years, reports to the Ombudsman Against Ethnic 
Discrimination have primarily come from Sami not belonging to a Sami 
village, since they do not enjoy the same hunting and fishing 
entitlements as Sami belonging to Sami villages. In 2003, there was a 
case of a Sami man, who was denied shared custody of his child on the 
grounds of his lifestyle as a reindeer herder.
    The Sami Parliament acted as an advisory body to the Government. 
During the year, the Government funded and began construction on a 
national information center for Sami issues.

    Other Societal Abuses and Discrimination.--Societal violence and 
discrimination against homosexuals was a problem. In 2003, 326 crimes 
with homophobic motive were reported to the police, a sizable increase 
from 2002.
Section 6. Worker Rights
    a. The Right of Association.--The law entitles workers to form and 
join unions of their choice, and workers exercised this right in 
practice. Approximately 80 percent of the workforce was unionized.

    b. The Right to Organize and Bargain Collectively.--The law allows 
unions to conduct their activities without interference, and the 
Government protected this right in practice. The law provides for 
collective bargaining, and workers exercised this right in practice. 
The law provides for the right to strike, as well as for employers to 
organize and to conduct lockouts, and workers exercised this right in 
practice. Within limits protecting the public's immediate health and 
security, public employees also enjoy the right to strike. There are no 
export processing zones.

    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.--The 
law permits full-time employment at age 16 under the supervision of 
local authorities. Employees under age 18 may work only during the 
daytime and under supervision. Children as young as 13 years may work 
part-time or in ``light'' work with parental permission. Union 
representatives, police, and public prosecutors effectively enforced 
these restrictions.

    e. Acceptable Conditions of Work.--There is no national minimum 
wage law. Wages were set by collective bargaining contracts every year, 
which nonunion establishments usually observed as well. Even the 
lowest-paid workers were able to maintain a decent standard of living 
for themselves and their families through substantial benefits (such as 
housing or daycare support) provided by social welfare entitlement 
programs.
    The legal standard workweek is 40 hours or less. Both the law and 
collective bargaining agreements regulate overtime and rest periods. 
The law requires a minimum period of 36 consecutive hours of rest, 
preferably on weekends, during a period of 7 days. The law also 
provides employees with a minimum 5 weeks' paid annual leave.
    Occupational health and safety rules were set by a government 
appointed board, the Work Environment Authority, and monitored by 
trained union stewards, safety ombudsmen, and, occasionally government 
inspectors. Safety ombudsmen have the authority to stop unsafe activity 
immediately and to call in an inspector. These rules were effectively 
enforced and work places were generally safe and healthy. In law and 
practice, workers could remove themselves from situations that 
endangered their health or safety without jeopardizing their future 
employment.

                               __________

                              SWITZERLAND

    Switzerland is a constitutional democracy with a federal structure. 
The bicameral Parliament elects the seven members of the Federal 
Council (Swiss cabinet), the highest executive body, whose presidency 
rotates annually. Due to the nation's linguistic and religious 
diversity, the political system emphasizes local and national political 
consensus and grants considerable autonomy to the 26 individual cantons 
(states). The Parliament was elected in October 2003, allowing the 
Government to remain a coalition of the four major parties. A new 
Constitution took effect in 2000. The judiciary is independent.
    The armed forces are a civilian-controlled militia based on 
universal military service for able-bodied males. There was virtually 
no standing army apart from training cadres and a few essential 
headquarters staff. Police duties are primarily a responsibility of the 
cantons, which had their own police forces that were under effective 
civilian control. A few members of the security forces committed 
isolated human rights abuses.
    A highly developed free enterprise, industrial, and service economy 
strongly dependent on international trade allowed for a high standard 
of living for the country's 7.4 million residents. After shrinking by 
0.4 percent in real terms in 2003, GDP was expected to grow by 1.8 
percent during the year. Despite rising unemployment, wages increased 
by approximately 1 percent in real terms. Inflation remained subdued at 
0.8 percent.
    The Government generally respected the human rights of its 
citizens, and the law and judiciary provide effective means of dealing 
with individual instances of abuse. Cantonal police were involved in at 
least two deaths during the year. Police occasionally used excessive 
force, particularly against foreigners and asylum seekers. There 
continued to be reports of discrimination against foreigners. 
Trafficking of women for prostitution continued to be a problem, which 
the Government took steps to address.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Arbitrary or Unlawful Deprivation of Life.--There were no 
politically motivated killings by the Government or its agents; 
however, cantonal police forces killed at least two persons during 
police interventions, a 38-year old Sri Lankan citizen in Lausanne in 
April and a 35-year old Turkish national in Basel in June. In both 
instances, police said that they acted in self defense. The Basel 
prosecutor's office closed its investigation in July without bringing 
charges. The Lausanne investigation remained pending at year's end.
    In April, a 40-year-old Italian national died in a Zurich hospital 
after violently resisting police trying to arrest him for having 
threatened an acquaintance. The district attorney's investigation 
remained pending at year's end.
    In December, a 24-year-old African national succumbed to the head 
injuries resulting from his fall from the third-floor of a center for 
asylum seekers in Zug canton. According to police, the rejected asylum 
applicant had no permission to be on the premises and fell out of a 
window trying to escape a night-guard check. Zug judicial authorities 
opened an investigation by year's end.
    Judicial authorities have consistently investigated and prosecuted 
killings by security forces, and there were no reports of lapses during 
the reporting period.
    The Lucerne cantonal prosecutor closed the investigation of the 
2003 death of a citizen with mental disabilities without bringing 
charges.
    In February, a court in the French town of Colmar acquitted a Basel 
policeman on trial for killing Michael Hercouet in 2001 just over the 
border in France. The Court gave credence to the defendant' assertion 
of wrongly believing himself on Swiss territory. The Canton of Basel 
had previously settled civil claims with the victim' family.
    On February 23, the Federal Tribunal upheld a 3-month suspended 
prison sentence for negligence of a Swiss physician for his involvement 
in the death of a Palestinian asylum seeker, who suffocated during his 
forced repatriation to Egypt in 1999. However, the court rejected a 
related civil suit seeking financial compensation for the victim's 
family.
    The acquittal in May 2003 of four Bernese police officials charged 
for their role in the violent death of Cemal Gomec in 2001 became final 
after both the cantonal prosecutor-general and the victim's widow 
withdrew their appeals.

    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, 
Amnesty International (AI) and the Swiss-based anti-racism platform 
``CRAN'' reported during the year the occasional use of excessive force 
by police authorities. AI in its annual report highlighted several 
instances of police mistreatment of detainees, particularly foreigners 
and citizens of foreign origin. The cantons mentioned in particular are 
Geneva, Glarus, Zurich, and Bern. Whereas AI deemed the situation 
stable, CRAN saw police brutality and racism against blacks on the rise 
across the country. CRAN in particular accused Geneva police of heavy 
handedness, citing several alleged instances of black youths being 
forced to strip in public for body-cavity searches during counter-
narcotic raids. The head of Geneva police confirmed that their anti-
drug campaign launched in 2002 had led to a higher number of arrests 
among African nationals but that police had taken steps to raise human 
rights and cultural awareness among officers and internally investigate 
any instances of abuse. CRAN later issued a brochure explaining the 
rights of racial minorities when confronted with police violence, 
including appropriate police protocol. Cantonal police reaction has 
been positive, and some cantonal police units have expressed interest 
in obtaining the brochure as well.
    In April, the Zurich district attorney's office halted criminal 
proceedings against a Zurich police officer, who in 2002 shot and 
seriously wounded an unarmed passerby while pursuing a burglar. The 
office's investigation found that the officer acted in full accordance 
with police regulations on the use of firearms and that a stray bullet 
hit the passerby. There were no further developments in the 2003 
alleged police brutality case in Glarus canton. The decision of the out 
of canton prosecutor-general to halt the criminal investigation against 
the head of the Glarus criminal police has not been appealed.
    There were no developments during the year in the case of Kurt von 
Allmen who got trapped by a police car in Zurich in 2002, causing 
injuries and the amputation of his leg.
    In response to AI's concerns about reports of alleged police 
brutality against demonstrators during a G8 Conference in Evian in 
2003, an independent Geneva parliamentary report published in May 
concluded that the police managed the spiraling violence adequately, 
limiting their intervention to the strict minimum.
    AI also asserted that judicial investigations into instances of 
alleged police abuse of asylum seekers repeatedly failed to give them a 
fair hearing.
    Prison conditions generally met international standards, and the 
Government permitted visits by independent human rights observers. 
Prison overcrowding continued to be a cause of concern, particularly in 
the Cantons of Geneva, Zurich, and Bern. In July, guards at Geneva's 
Champs-Dollon prison complained about working conditions when the 
facility built for 270 inmates was housing over 450.
    Male and female, juvenile and adult prisoners, and pretrial 
detainees and convicted criminals were held separately. In some 
cantonal prisons, the size of the cells fell below the 12 square meter 
standard as set by the European Convention on Human Rights.

    d. Arbitrary Arrest or Detention.--The Constitution prohibits 
arbitrary arrest and detention, and the Government generally observed 
these prohibitions; however, several NGOs reported that some cantonal 
police forces arbitrarily detained asylum seekers (see Section 2.d.).
    The cantons are responsible for handling most criminal matters, and 
procedures vary from canton to canton. The Swiss Federal Police Office 
has a coordinating role and relies on the cantons for actual law 
enforcement. The Federal Attorney General in Bern oversees inter-
cantonal and international crimes. Corruption and impunity were not 
problems.
    In general, a suspect may not be held longer than 24 hours before 
being presented to a prosecutor (or investigating magistrate) who must 
bring formal charges or order release; however, asylum seekers and 
foreigners without valid documents may be held up to 96 hours without 
an arrest warrant. Release on personal recognizance or bail is granted 
unless the magistrate believes the person is dangerous or will not 
appear for trial. A suspect may be denied legal counsel at the time of 
detention but has the right to choose and contact an attorney by the 
time an arrest warrant is issued. In August, the Federal Criminal Court 
in Bellinzona confirmed that suspects detained under federal law were 
not entitled to legal support during the first preliminary hearing with 
the Federal Police. Legal counseling is allowed at a later stage when 
the suspects meet the investigative magistrate.
    However, AI and refugee NGOs complained that detained asylum 
seekers were often effectively denied proper legal representation 
because they lacked the financial means to obtain legal counseling and, 
unless they are held for serious criminal offenses, the law does not 
provide for free legal assistance. The state provides free legal 
assistance for indigents who may be jailed pending trial.
    Access to family members can be restricted to prevent tampering 
with evidence, but law enforcement authorities are obligated to 
promptly inform close relatives.
    Investigations generally were prompt; however, in some cases 
investigative detention may exceed the length of sentence. Any lengthy 
detention is subject to review by higher judicial authorities. During 
the year, approximately one-third of all prisoners were in pretrial 
detention, and the average length of such detention was 50 days.
    In the wake of a few much-publicized rape/murder cases by repeat 
offenders on furlough during the 1990s, on February 8, the electorate 
adopted a popular initiative demanding the incarceration for life 
without possibility of parole for sexual or violent offenders diagnosed 
as permanently untreatable. The proposition faced opposition from the 
Government, NGOs, and several constitutional experts who questioned its 
compatibility with the European Convention on Human Rights (ECHR). In 
September, the Justice Ministry opened public consultation on 
implementing proposals that purported to reconcile the demands of the 
popular initiative with ECHR's provision for regular judicial 
determination of the legality of detention. The draft legislation met 
with opposition from a majority of political parties, NGOs, as well as 
bar and medical associations.

    e. Denial of Fair Public Trial.--The Constitution provides for an 
independent judiciary, and the Government generally respected this 
provision in practice.
    Courts of first instance generally are local or cantonal courts. 
The Federal Penal Court in Bellinzona, which became operational on 
April 1, is the court of first instance for criminal offenses that are 
under the jurisdiction of federal authorities to investigate and 
prosecute. Citizens have the right to appeal, ultimately to the Federal 
Tribunal (Supreme Court). Trials involving minor offenses are generally 
heard by a single judge, more serious or complex cases by a panel of 
judges, and the most serious cases (including murder) by a jury.
    The Constitution provides for the right to a fair trial, and an 
independent judiciary generally enforced this right. Trials usually 
were expeditious. The Constitution provides for public trials, 
including the right to challenge and to present witnesses or evidence.
    The 2003 revised Military Penal Code (MPC) requires that war crimes 
or violations of the Geneva Convention be prosecuted only if the 
defendant has close ties with the country. Normal civilian rules of 
evidence and procedure apply in military trials. The MPC allows the 
appeal of any case, ultimately to the Military Supreme Court. In most 
cases, the accused used defense attorneys assigned by the courts. Any 
licensed attorney may serve as a military defense counselor. Under 
military law, the Government pays for defense costs.
    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 on telecommunication surveillance restricts wiretapping and 
the monitoring of e-mail to persons suspected of serious crimes. The 
legislation includes a list of offenses deemed serious enough to permit 
wiretapping, including money laundering, terrorism, and corporate 
crime.
    Instances of forced sterilization of women continued to be the 
subject of public debate during the year. In December, Parliament 
adopted a federal law allowing sterilization only under strict 
conditions but rejected a proposal to pay financial compensation to 
victims of forced sterilizations and castrations. Such practices were 
used up to the 1970s primarily on young women of low social standing or 
with mental illnesses.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The Constitution provides for 
freedom of speech and of the press, and the Government generally 
respected this right in practice 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.
    On July 22, a Zurich district court acquitted Frank Lubke, 
president of the David Centre Against Anti-Semitism in Zurich, of the 
charge of violating the anti-racism law. Lubke wrote an open letter to 
government officials and the press in November 2002 following the 
terrorist attacks in Mombassa, Kenya, which contained severe criticism 
of the Islamic religion.

    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 January 24, demonstrators protesting the World Economic Forum 
were allegedly subjected to police violence and humiliating treatment. 
According to media and NGO reports, demonstrators aboard a train bound 
for Davos were forced to exit when police used tear gas against them. 
Demonstrators were later held for more than 6 hours in a nearby fenced-
off area. In April, a total of 37 demonstrators filed a lawsuit against 
several cantonal police forces, the Swiss army, German troops, and the 
Graubunden canton, claiming that these parties violated their freedom 
of movement, used coercion, and put their lives at risk. The lawsuit 
remained pending at year's end.
    Authorities will reassess the case of two policemen involved in an 
April 2003 paint ball incident that injured a WTO demonstrator despite 
preliminary police hearings that cleared them. In November 2003, the 
Geneva cantonal Government called for additional investigations, while 
the Geneva prosecuting authorities launched a parallel criminal 
investigation against a police officer for negligent bodily harm. Both 
investigations were pending at year's end.

    c. Freedom of Religion.--The Constitution provides for freedom of 
religion, and the Government generally respected this right in 
practice.
    There is no official state church; however, most cantons 
financially support at least one of three traditional denominations--
Roman Catholic, Old Catholic, or Protestant--with funds collected 
through taxation. Each canton has its own regulations regarding the 
relationship between church and state.
    Groups of foreign origin are free to proselytize. Foreign 
missionaries must obtain a religious worker visa to work in the 
country. Such permits were granted routinely and without bias against 
any particular religion. However, the Federal Office of Immigration, 
Integration, and Emigration in a precedent case rejected the 2003 work 
permit applications for two Islamic clerics that the Islamic Center in 
Geneva filed with local authorities. The decision was appealed to the 
Justice Ministry's appeals body and remained pending at year's end.
    The generally amicable relationship among religions in society 
contributed to religious freedom. However, negative reaction to 
immigration, the conflict in the Middle East, and terrorist acts by 
Muslim extremists in foreign countries fuel intolerance in radical and 
populist publications and occasionally in mainstream daily newspapers. 
The Swiss Observatory of Religions based in Lausanne reported that 
anti-Islamic and anti-Semitic feelings have increased over the last 
decade. Although physical violence was rare, most anti-Semitic and 
anti-Muslim remarks have largely been fueled by extensive media reports 
over the Israeli Palestinian conflict, the Holocaust Assets issue, and 
terrorist acts by Muslim extremists in foreign countries. The few 
journalists that engaged in anti-Zionist rhetoric later apologized. 
Nevertheless, other xenophobic and revisionist publications exist, 
sometimes using Internet websites based abroad to avoid prosecution.
    According to statistics gathered by the Foundation Against Racism 
and Anti-Semitism, the total of reported incidents against foreigners 
or minorities was 94 in during the year. These figures include 
instances of verbal and written attacks, which were much more frequent 
than physical assaults (see Section 5).
    On January 27, schools across the country held a day of remembrance 
for victims of the Holocaust. Education authorities said the aim was to 
remember the Holocaust and other forms of genocide committed in the 
past century and raise awareness of inhumane ideologies.
    In April 2003, Muslim leaders expressed fears of a ``witch-hunt'' 
against the community, following government revelations that members of 
half a dozen militant Muslim groups are operating secretly in the 
country. These fears were increased in January when police arrested 
eight foreign nationals suspected of links to the May 2003 terrorist 
attacks in Saudi Arabia.
    On April 10, a Muslim shop selling religious Islamic objects in 
Basel was destroyed by arson. Police officials could find no reason for 
the crime. The investigation continued at the end of the period covered 
by this report.
    On April 26, the Zurich lawyer and honorary chairman of the Jewish 
religious community, Sigi Feigel, sued the political party Europa 
Partei Schweiz and claimed that it sponsored newspaper advertisements 
comparing Israel to Nazi Germany. The party, which is not represented 
in Parliament, ran advertisements in the daily Tages-Anzeiger the day 
after the killing of Hamas leader Abdel Aziz Rantisi calling on the 
country to cut off diplomatic relations and end military cooperation 
with Israel. The advertisements referred to ``Israel, nation of the 
Jews'' and stated, ``with the exception of the gas chambers, all the 
Nazi instruments are being used against (Israel's) resident 
population.'' The party was being charged under antiracism laws 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, and Repatriation.--The Constitution provides for these 
rights for citizens, and the Government generally respected them in 
practice. The Constitution prohibits forced exile, and the Government 
respected this right in practice. However, non-citizens convicted of 
crimes may receive sentences that include denial of reentry for a 
specific period following the completion of a prison sentence.
    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, and the Government has 
established a system for providing protection to refugees. Foreigners 
seeking protection from persecution may file an asylum application at 
any Swiss consular office, border post, airport, or one of the four 
regional refugee reception centers in Switzerland. The Federal Office 
for Refugees (FOR) decides the merits of each individual asylum 
application. During the year, the FOR received a total of 14,248 asylum 
applications, a drop of 32 percent over the previous year. At year's 
end, of the 79,374 people in the asylum process, 30 percent enjoyed 
refugee status, 29 percent were temporarily admitted, 22 percent were 
awaiting a decision on their asylum application, and 18 percent were 
awaiting repatriation.
    The asylum law was amended to curb the misuse of asylum regulations 
and enable the rapid repatriation of uncooperative asylum applicants. 
The FOR may refuse to process the application of an asylum seeker who 
is unable to justify a lack of identity papers. In such cases, the 
rejected applicant must submit an appeal within 24 hours to stay 
deportation proceedings. NGOs contended that such a short time period 
did not constitute an effective remedy and therefore violated the ECHR. 
An asylum seeker may appeal a negative FOR decision of his application 
to the Asylum Appeals Commission (AAC), which is independent of the 
administration. If the AAC dismisses the appeal, the applicant must 
leave the country. Asylum seekers voluntarily departing before an 
officially set deadline may claim individual return assistance; after 
the deadline expires, repatriation is enforced.
    In practice, the Government provided protection against the return 
of persons to a country where they feared persecution. The Government 
allowed rejected asylum seekers to stay temporarily for two reasons: 
The likeliness of political repression or armed conflict in their 
native country. However, NGOs accused the Government of expelling 
rejected asylum seekers in some cases when conditions in their native 
countries remained unfavorable. In April, Bern police authorities 
deported a Burmese citizen, who was immediately apprehended by local 
authorities and subsequently sentenced to a long prison sentence. The 
asylum application he filed in May 2003 had previously been rejected 
both by the FOR and the AAC.
    In May, the Justice Ministry and the government of Vaud Canton 
agreed on a special review by the FOR of over 1,200 rejected asylum 
applications, mostly of refugees from former Yugoslavia who fled their 
homes during the 1990s. They had been living without residency permits 
in Vaud canton for several years, because its government did not follow 
federal instructions to repatriate rejected asylum applicants. In 
August, the FOR granted residency to more than 500 persons on grounds 
of personal hardship but ordered the repatriation of more than 500 
individuals, causing a major controversy in the media and in the local 
political arena. Pressure by local politicians and NGOs forced the 
Federal Government to allow for a second review of the rejected 
applications involving cantonal officials and AI representatives, 
resulting in another 45 residency permits, but in December, the FOR 
insisted on the repatriation of more than 400 rejected applicants. AI 
criticized the FOR's handling of the dossiers as opaque and arbitrary.
    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. As part of the Budget 
Alleviation Program adopted in December 2003, the Government curtailed 
public welfare benefits and tightened deportation proceedings for 
rejected asylum seekers. Effective April 1, rejected asylum seekers 
whose application the FOR had refused to process were no longer 
entitled to social security benefits and could only claim minimum 
emergency assistance. The cantons, which are also responsible for 
deportation proceedings, determined and provided emergency assistance 
to rejected applicants, who were required to register with local 
immigration authorities in their designated canton in order to receive 
emergency assistance. However, in practice, only approximately 15 
percent of rejected applicants registered with cantonal immigration 
authorities after April 1, reportedly because they feared detention 
pending their repatriation. On July 15, the Federal Tribunal 
unanimously ruled that the detention of rejected applicants pending 
their repatriation did not violate the ECHR.
    In November, two cantonal courts made conflicting rulings on the 
eligibility for government emergency assistance of rejected asylum 
applicants who refuse to cooperate with authorities in their 
repatriation to their countries of origin. In Bern, the Administrative 
Court ruled that obstructive behavior was insufficient to deny the 
constitutional right to emergency assistance, but in Solothurn canton 
the Administrative Court in a similar case held that denying emergency 
assistance was legitimate to induce cooperation. However, on December 
23, the Federal Tribunal ordered Solothurn cantonal authorities to keep 
providing emergency assistance pending a thorough Federal Tribunal 
ruling in the case.
    In a special session in May, the lower house began parliamentary 
debate of a controversial new amendment to the asylum law. The draft 
bill had already been partly overtaken by the tightened asylum 
regulations passed by Parliament in 2003. In July, in stark contrast to 
the established legislative process, the Justice Ministry introduced a 
set of additional changes to the ongoing revision of the asylum law, 
which the UNHCR sharply criticized and which provoked a public outcry 
by church, refugee, and humanitarian aid organizations. On August 25, 
the Cabinet adopted most of the proposed changes, which are expected to 
be submitted to the upper house for parliamentary debate in 2005.
    The Government also provided temporary protection to 23,407 
individuals who may not qualify as refugees under the 1951 Convention/
1967 protocol. The 1999 amendment of the asylum law provides for the 
collective admission of victims of violence and authorizes the Cabinet 
to grant them temporary protective status.
    The FOR used a list of approximately 40 ``safe countries'' of 
origin, the nationals of which did not enjoy refugee status. NGOs 
criticized the list as arbitrary because the Government did not 
publicly justify the listings and because they deemed the human rights 
record and the political situation in some of the listed countries 
unstable.
    NGOs reported that police used excessive force against asylum 
seekers (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 peacefully, and citizens exercised this right in practice 
through periodic, free, and fair elections held on the basis of 
universal suffrage. Initiative and referendum procedures provide 
unusually intense popular involvement in the legislative process. In 
October 2003, in a fair and free election, the electorate chose a new 
federal parliament. Parties and candidates could nominate themselves 
freely.
    Government information was available freely to all persons living 
in the country, including foreign media. There is no specific 
transparency law, but the Constitution requires that the Government 
inform the public on its activities. In December, Parliament adopted a 
new transparency law providing for public access to government 
documents.
    There were 61 women in the 246-seat Federal Parliament and 1 woman 
in the 7-seat Federal Cabinet. At the cantonal level, the proportion of 
women representatives in legislatures has remained steady at around 24 
percent in recent years. Women held approximately one-fifth of the 
seats in cantonal executive bodies.
    There were three francophone members in the Federal Cabinet, and 
the representation of linguistic minorities in Parliament reflected 
their percentage of the population. A 2004 study commissioned by a 
minority lobby group regretted the diminishing importance of French and 
Italian in federal political bodies and the decreasing number of 
linguistic minorities among senior governmental management.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    A wide variety of domestic and international human rights groups 
generally operated without government restriction, investigating and 
publishing their findings on human rights cases. Government officials 
were cooperative and responsive to their views.
    In major cities such as Zurich, Bern, and Basel, as well as in some 
cantons, an ombudsman heard citizens' complaints about wrongful 
government action. Not every ombudsman could proactively investigate 
alleged abuses of government authority but all accepted complaints from 
third parties. No ombudsman exists at the federal level.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The Constitution and legislation prohibit discrimination on the 
basis of race, sex, language, or social status, and the Government 
generally enforced these prohibitions effectively, although some laws 
discriminate against women. The Constitution includes provisions for 
equal rights for persons with disabilities and for minorities.

    Women.--Violence against women was a problem. The law prohibits 
domestic violence but does not differentiate between acts committed 
against men and women. In its Annual Report, AI estimated that 
approximately 40 women died every year in the country as a result of 
violence suffered at home. A 1997 survey showed that one in five women 
age 20 to 60 suffered some form of domestic violence at least once in 
their lifetime.
    Spousal rape is a crime. Prosecuting spousal abuse is a matter for 
the cantons, and statistical evidence remains uneven. Data from Zurich 
canton show that in 2003, police recorded 858 instances of domestic 
violence, 259 of which were repeat offenders. Police made 273 arrests, 
13 on suspicion of spousal rape.
    Victims of domestic violence may obtain help, counseling, and legal 
assistance from specialized government and NGO agencies, or from nearly 
a dozen hotlines sponsored privately or by local, cantonal, and 
national authorities. There were 1,375 women and children in 17 women's 
shelters across the country during 2003, but the shelter's operators 
estimated that nearly as many were denied access due to a lack of space 
and limited funding. There was a special unit dealing with domestic 
violence in the Interior Ministry's Federal Office for the Equality 
between Women and Men. The Crime Prevention Center, a planning unit of 
the umbrella organization of cantonal police forces, has established a 
best-practices checklist for police interventions and most cantonal 
police forces had specially trained domestic violence units. A majority 
of cantons also had special administrative units coordinating between 
law enforcement, prosecuting, and victim assistance bodies.
    Since April 1, the Penal Code makes grievous forms of domestic 
violence, including repeated aggression, assault, threat, sexual 
assault and rape, a statutory offense. In six cantons--Appenzell, Bern, 
Lucerne, Neuchatel, Sankt Gallen, and Uri--police have the authority to 
temporarily ban abusive men from reentering the family premises. A 
study released during the year showed 10 percent of women polled 
suffered from physical violence in the previous 12 month.
    Prostitution is legal for citizens and foreigners with valid work 
permits if the practitioners comply with taxation and other cantonal 
requirements. However, street prostitution remains illegal, except in 
certain areas specifically designated by local authorities. Every major 
city has such designated areas. The Penal Code criminalizes sexual 
exploitation and trafficking in women; however, trafficking in women 
remained a problem (see Section 5, Trafficking).
    Forced sterilization of women was a concern (see Section 1.f.).
    Sexual harassment in the workplace occurred but was limited. The 
law includes provisions aimed at eliminating sexual harassment and 
facilitating access to legal remedies for those who claim 
discrimination or harassment in the workplace. Sexual offenders face a 
fine or a prison sentence up to 10 years. Employers failing to 
implement the law face a maximum fine of $32,000 (40,000 Swiss francs) 
or a 6-month prison sentence. Sexual harassment victims are protected 
against retaliatory dismissals. They can choose to be reinstalled in 
their job position or file for 6-month salary compensation. Such 
criminal procedures only work if the complaint is filed before the end 
of dismissal period.
    Although the Constitution prohibits all types of discrimination, 
and the law provides for equal rights, equal treatment, and equivalent 
wages for men and women, some laws continued to discriminate against 
women. A federal marriage law provides that in the event of a divorce, 
assets accumulated during the marriage will be divided equally; 
however, the Federal Tribunal ruled that the primary wage earner must 
be left with sufficient income to remain above the poverty level. Since 
the man was the primary wage earner in most marriages, when the income 
was too low to support both parties, it was usually the wife (and 
children) who was forced to survive on public assistance.
    Immigrant women, who married Swiss husbands, but lived in the 
country for less than 5 years, risked deportation if they divorced 
their spouses. The 5-year residency requirement could be reduced to 3 
years under exceptional circumstances. NGOs argued that this prevented 
women with marital problems from seeking help or leaving their husbands 
without incurring serious consequences. Police in different cantons 
considered factors such as the country of origin, education, and income 
levels of the immigrant women when deciding consequences.
    The law includes a general prohibition on gender-based 
discrimination and incorporates the principle of equal wages for equal 
work; however, professional differences between men and women were 
evident. Women less often occupied jobs with significant 
responsibilities, and women's professional stature overall was lower 
than men's. Women also were promoted less than men and employers were 
less likely to pay women for training. According to a government study, 
women's gross salaries were 21 percent lower than men's in 2002. In 
July, the Government announced that in order to fight wage inequality 
it would start checking if its contractors paid equal wages for equal 
work. Companies in violation of the law risk an $81,000 (100,000 Swiss 
francs) fine or losing their government procurement contract.
    The labor law prohibits women from working in the first 8 weeks 
after giving birth, but no federal provision for maternity leave 
exists. The law does not provide for compensation; however, between 70 
and 80 percent of working women have negotiated maternity benefits with 
their employers. Many private sector and most public sector employers 
voluntarily granted new mothers a paid leave of absence, commonly 
between 3 and 16 weeks. On September 26, the electorate in a national 
referendum approved new legislation granting working mothers a paid 14 
week maternity leave at 80 percent of their salaries.
    The Federal Office for Equality Between Women and Men (EBG) and the 
Federal Commission on Women worked to eliminate all forms of direct and 
indirect discrimination. A federal level interdepartmental working 
group continued to implement a 1999 action plan to improve the 
situation of women that includes measures that address poverty, 
decision-making, education, health, violence against women, the 
economy, human rights, the media, and the environment. To achieve its 
mission, the EGB allocated $3.3 million (4.1 million Swiss francs) to 
different projects promoting gender equality. The office employed 
approximately 20 persons during the year.
    Many cantons and some large cities have equality services mandated 
to handle gender issues. More than half of the cantons have an office 
in charge of promoting equality, but funding and personnel levels 
remained uneven. The majority of the cantons had commissions that 
reported to the cantonal Government.

    Children.--The Government has no special programs for children, and 
there is no special Governmental office for children's matters; 
however, the Government was strongly committed to children's rights and 
welfare. It amply funded a system of public education and need-based 
subsidies of health insurance. Education was free and compulsory for 9 
years, from age 6 or 7 through age 16 or 17, depending on the canton. 
Some cantons offered a 10th school year. Almost all children attended 
school.
    There was some abuse of children, although there was no societal 
pattern of such abuse. The federal and cantonal governments, as well as 
approximately 80 NGOs that defend children's rights, have devoted 
considerable attention in the last few years to child abuse, 
particularly sexual abuse. For convicted child sexual abusers, the law 
provides for imprisonment of up to 15 years. The statute of limitations 
is 15 years. In cases of severe sexual abuse, the statute does not take 
effect before the victim turns 25. If a court of first instance hands 
down a sentence before the stipulated time, the statute of limitations 
is suspended indefinitely.
    Since January, the Swiss Conference of Cantonal Ministers of 
Education, the national umbrella organization of cantonal education 
ministries, has kept a registry of schoolteachers who had their 
cantonal teaching license revoked in an effort to prevent them from 
finding new teaching positions in another canton. The blacklist is 
subject to local data protection requirements and does not record the 
reason why a license was revoked. However, some cantons decided not to 
submit information on revoked teaching licenses to the national 
registry.
    With respect to the prosecution of child sexual abuse abroad, the 
law provides for prosecution in Switzerland only if the act is 
considered a crime in the country in which it took place. The 2003 
revisions of the Penal Code will not take effect until the cantons 
implement the changes into cantonal law.
    Under the law, the production, possession, distribution, or 
downloading from the Internet of hardcore pornography involving 
children, animals, or violence carries heavy fines or a maximum 
sentence of 1 year in prison. However, viewing child pornography on the 
Internet is not a criminal offence. Police in September arrested eight 
persons suspected of child molestation and production of child 
pornographic material. As part of a worldwide investigation, police 
searched more than 400 homes and examined more than 100,000 photo and 
video files. The raid was the biggest operation against child 
pornography on the Internet since the 2002 operation ``Genesis,'' which 
led to the investigation of more than 1,000 persons. As part of 
Genesis, Bern judicial authorities sentenced 14 persons to suspended 
prison terms and fined 54 individuals between $400 and $6,400 (500 and 
8,000 Swiss francs). In Zurich, 124 persons were fined between several 
hundred and a few thousand Swiss francs.
    In an effort to combat child pornography on the Internet more 
effectively, the Federal Police established in 2003 the Internet watch 
body Cycos, which takes tips from the public and actively searches the 
Internet for suspicious content. According to police, Cycos handled 
approximately 500 complaints per month. The police were able to take 
off certain content from some sites but failed to shut down any 
offending website.
    Children of migrant seasonal workers were not permitted 
automatically to join their parents. Children of foreigners who worked 
as migrant laborers only were permitted to visit on tourist visas for a 
period of 3 months at a time. After 3 months, they must return to their 
home country for 1 month.

    Trafficking in Persons.--The law prohibits sexual exploitation and 
trafficking in persons; however, some women were trafficked into the 
country and forced into prostitution or domestic servitude.
    Trafficking in persons can carry a prison sentence of up to 20 
years and coercing a person into prostitution is punishable with up to 
10 years in prison. In 2002, the Federal Tribunal decided that hiring 
women, even consenting women, from abroad to engage in prostitution 
qualified as human trafficking if their abusers exploited a situation 
of distress. The prosecution of illegal prostitution and trafficking in 
persons normally falls under the authority of the cantons; cases linked 
to organized crime are under the jurisdiction of the federal agencies. 
In 2003, authorities made 12 convictions for human trafficking and 
forced prostitution. The Coordination Unit against the Trafficking in 
Persons and Smuggling of Migrants, which is tied to the Federal Office 
of Police (BAP), coordinates and monitors all Swiss anti-trafficking 
efforts, including a federal interagency task force. In addition, the 
BAP has two anti-trafficking subsections, one within the international 
cooperation and investigation division and the other tied to the 
domestic intelligence division. Swiss authorities were active in 
international law enforcement activities and took the lead in 
coordinating several international trafficking investigations.
    Switzerland is primarily a country of destination, and secondarily 
transit, for women trafficked for the purposes of sexual exploitation 
and domestic servitude. Federal police estimated that between 1,500 and 
3,000 potential victims of human trafficking were in the country. 
However, since Swiss federalism dictates that alien registration and 
enforcement be handled at the cantonal level, there were few reliable 
statistics on the extent of the trafficking problem. According to 
authorities, most persons trafficked originated in Thailand, parts of 
Africa, or South America. An increasing number of trafficked women 
arrived from Eastern Europe, particularly Hungary, Russia, Ukraine, or 
other states of the former Soviet Union. Police figures indicated that 
approximately 14,000 prostitutes worked in the country both legally and 
illegally. More than half worked in Basel, Bern, Zurich, Lucerne, 
Geneva, and Ticino.
    Traffickers often forced victims into prostitution and in many 
cases subjected them to physical and sexual violence, threatened them 
or their families, encouraged drug addiction, withheld their documents, 
and incarcerated them. Many victims were forced to work in salons or 
clubs to pay for travel expenses and forged documents and found 
themselves dependent on the traffickers. Generally the victims were 
unable to read, write, or speak the country's languages and were afraid 
to seek help from the authorities.
    Since the mid-1990s, a growing number of salons and clubs have 
appeared in which women registered as artists engaged in illegal 
prostitution. Authorities suspected that traffickers were bringing some 
of these ``artists'' into the country. Police monitoring was difficult 
because artist visas (also called the ``L'' residency permits, which is 
only valid for 8 months) include an allowance for a short work period 
during which individuals may engage in some form of self-employed 
activity. According to the Chief of the Geneva vice squad, police had 
no legal means of preventing cabaret dancers from prostituting 
themselves after work hours but tried to prevent physical abuses 
against prostitutes. Smaller prostitution networks also existed and 
often involved relatives of foreign families established in the 
country, or members of the same ethnic groups.
    Trafficking victims may seek help from centers providing shelter, 
counseling, legal assistance, and medical aid. In 2003, these centers 
assisted 64 victims. Federal and cantonal governments continued to 
provide funding to NGOs and women's shelters, and authorities may grant 
temporary residency permits on a case by case basis to victims willing 
to testify in court. In cases of serious hardship, a federal ordinance 
allows cantonal police to grant a residency permit to victims of sexual 
exploitation or forced labor. In August, the Federal Office of 
Immigration, Integration and Emigration, sent to all cantonal 
immigration authorities a set of guidelines on offering temporary 
residency status to trafficking victims in order to make this process 
both more transparent and in accord. Despite the range of protections, 
NGOs alleged that some potential trafficking victims were not 
recognized as such and repatriated to their country of origin without 
due respect for the safeguards under the law.
    The federal police and immigration authorities encouraged cantonal 
authorities to them to take a more tolerant approach toward delaying 
deportation to allow for victim counseling and an increased likelihood 
that victims may testify against traffickers. NGOs and authorities in 
Zurich have worked together to improve the protection and security of 
victims by regulating the procedures for identifying and referring 
victims for assistance. Efforts to establish a binding ``code of 
cooperation'' failed. Efforts to strengthen cooperation between NGOs 
and local authorities were also underway in other cities, such were 
Bern, Basel, and Lucerne at year's end.
    The law safeguards victims' rights in criminal prosecutions with 
special rules for trial procedures and for compensation and redress. 
Trafficking victims who testified enjoyed special protection of their 
identity and could request the trial to take place behind closed doors 
and a confrontation with the defendant avoided.
    The Government funded several anti-trafficking information and 
education campaigns in Eastern Europe, the former Soviet Union, Asia, 
and South America. The Government also continued to partially fund the 
Women's Information Center, a victim assistance NGO, that has 
established an international network of contacts for victim 
repatriation and distributes trafficking information in origin 
countries. The Swiss embassy in Moscow has tightened visa processing 
and, together with a local NGO, has implemented awareness raising 
seminars for its staff, which have been replicated at Swiss embassies 
in Kiev and Bogota. Consular officials routinely undergo trafficking-
awareness raising programs before being posted abroad.

    Persons With Disabilities.--The law prohibits discrimination 
against persons with disabilities in employment, education, access to 
health care, or in the provision of other state services, and it was 
generally enforced. Since January 1, the law mandates access to public 
buildings and government services for persons with disabilities, and 
the Government generally enforced these provisions in practice. The new 
Federal Equal Opportunity Office for Disabled People promoted awareness 
of the law but had no formal mandate to monitor cantonal enforcement. 
The office had a staff of two and disposed of an annual budget of 
$805,000 (1 million Swiss francs), of which $282,000 (350,000 Swiss 
francs) was earmarked for nationwide projects. According to the NGO 
Equality Handicap, most complaints of discrimination concerned labor 
issues, education, and access to public buildings.
    During the year, the Swiss National Science Foundation published a 
study revealing that one in five disabled persons lived near or below 
the poverty level, was often alone, and relied on help from outsiders. 
Another survey on labor market integration found that persons with 
disabilities held approximately one percent of job positions; however, 
companies had only limited knowledge of available government 
compensatory schemes.

    National/Racial/Ethnic Minorities.--According to statistics 
gathered by the Foundation Against Racism and Anti-Semitism, the total 
number of reported incidents directed against foreigners or minorities 
was 94 during the year. These figures included instances of verbal and 
written attacks, which were much more common than physical assaults. 
Investigations of such attacks generally were conducted effectively and 
led, in most cases, to the arrest of the persons responsible. Persons 
convicted of racist crimes commonly were sentenced to between 3 days 
and 3 years imprisonment and a fine of up to $32,000 (40,000 Swiss 
francs). Between 1995 and 2002, the authorities opened 218 criminal 
proceedings under anti-racism legislation, 95 of which ended in a first 
instance conviction. In 2002, 9 persons were convicted of racial 
discrimination.
    During the year, neo-Nazi, skinhead, and other extremist 
organizations continued to attract police and Government attention 
because of such groups' organization at international levels, the 
violence they commit, and the youth of the group members. However, a 
Federal Police report published in August concluded that extremist 
groups posed no real threat to domestic security even if such groups 
have repeatedly engaged in minor assaults and vandalism at the local 
level. Although the number of right-wing extremists has risen to 
approximately 1,000 over the last few years, the report deemed the 
potential for violence emanating from left-wing extremist groups as 
considerably higher.
    The number of incidents involving skinheads decreased from 
approximately 120 incidents in 2002 to about 100 in 2003. These 
incidents involved more violence and were more frequently directed 
against foreigners rather than property.
    In March, a Bern district court sentenced the three neo-Nazis 
accused of killing 19-year-old Marcel von Allmen in 2001. The main 
culprit was sentenced to life in prison for homicide and the two 
accomplices received 16-year prison terms. The fourth defendant 
involved in the killing has already been tried and sentenced as a 
juvenile.
    There were a few reported cases during the year of violent 
confrontations between skinheads and young foreigners. The night of 
August 14/15, approximately 100 skinheads and young foreigners clashed 
in the town of Olten, leaving at least 8 persons injured.
    The Anti-Racism Law criminalizes racist or anti-Semitic expression, 
whether in public speech or in printed material. On May 27, the Federal 
Tribunal further delineated the scope of the law by broadly defining 
public as opposed to private speech. The court ruled that a 1999 Nazi 
propagandist lecture held before a skinhead gathering that was closed 
to the public constituted public speech because the speaker was not 
personally familiar with the listeners. The Court thus blunted a common 
ploy among right-wing activists to organize by-invitation-only events 
to circumvent the public speech clause of the anti-racism legislation. 
Henceforth, all racist speech that could be heard by third parties, 
with no personal bonds to the speaker, is considered public and 
therefore punishable under the law.
    On September 7, the Muslim community in the country and the Federal 
Commission against Racism condemned a controversial advertisement about 
Muslim birth rates run by a group close to the rightwing Swiss People's 
Party (SVP). Its publication appeared less than 3 weeks before the 
country was due to vote on easing restrictions on citizenship for 
second- and third generation foreigners. Using extrapolated figures on 
the Muslim population trends in the country, the publication suggested 
that the number of Muslims in the country would double every 10 years, 
making up 72 percent of the population by 2040. While the SVP denied 
responsibility and funding, its president and many members welcomed the 
advertisement. While the Muslim community dropped the idea of lodging 
formal complaint, a Bern lawyer filed a lawsuit against the promoters 
for racial discrimination. Several legal experts expressed opposing 
views about the advertisement's legality.
    The Department of the Interior's Federal Service for the Combating 
of Racism, which began operation in 2001, manages the Federal 
Government's ``Fund Projects against Racism and for Human Rights'' with 
a budget of $12.1 million (15 million Swiss francs) for the 2001 to 
2005 period. An annual budget of $403,000 (500,000 Swiss francs) has 
been earmarked for the establishment of new local consultation centers 
to assist victims of racial or religious discrimination. Approximately 
130 consultation centers or contact points existed in the country. In 
addition, the Federal Service for the Combating of Racism sponsored a 
variety of educational and awareness-building projects to combat 
racism, xenophobia, and anti-Semitism. Over $805,000 (1 million Swiss 
francs) was spent to support youth projects.
    Victims of racial discrimination may appeal a national court ruling 
either to the ECHR or the U.N. Committee on the Elimination of Racial 
Discrimination (CERD). Cases must first be litigated before national 
courts. Citizens have the choice of appealing a national court ruling 
to either the CERD or the ECHR but may not appeal a U.N. decision to 
the ECHR or vice versa.
    In January, the European Commission against Racism and Intolerance 
in its third report on Switzerland stated that the 2003 federal law on 
itinerant trade, which replaced the numerous different cantonal 
regulations and provides for a 5-year trade permit valid for the entire 
country, improved the situation for traveling Jenish; however, the 
report also held that the provision of sufficient permanent and transit 
stopping places for travelers remained a cause of concern.
    In July 2003, the Federal Tribunal ruled that cantonal practices of 
holding secret ballots to decide individual applications for 
citizenship were unconstitutional. In two separate unanimous rulings, 
the court decided that naturalization decisions must be neither 
arbitrary nor discriminatory, nor included secret balloting. The two 
rulings triggered a national debate. As a consequence, the six cantons 
concerned have discontinued the practice of secret balloting, and 
examining bodies of citizenship applications across the country are now 
obliged to justify a rejection. The rulings produced some confusion, as 
the Federal Tribunal did not rule on the constitutionality of town hall 
meetings deciding citizenship applications by a show of hands, a common 
practice. On September 26, the electorate in a national referendum 
rejected two constitutional amendments to facilitate the naturalization 
of second-generation immigrants and automatically grant citizenship to 
the third-generation. The number of Swiss naturalizations fell slightly 
from 36,500 in 2002 to 35,400 in 2003.
Section 6. Worker Rights
    a. The Right of Association.--The law allows all workers, including 
foreigners, to associate freely, form and join unions of their choice, 
and to select their own representatives, and workers exercised these 
rights in practice. Unions operated independently of the Government and 
political parties. Approximately 25 percent of the work force was 
unionized.
    The law protects workers from acts of antiunion discrimination, and 
the Government generally respected this provision in practice. In May 
2003, the Swiss Trade Union Council (STUC) filed a complaint with the 
International Labour Organisation (ILO) arguing that legal provisions 
for abusive dismissals do not sufficiently protect activists from 
antiunion discrimination. The law provides for a maximum compensation 
of six months' worth of wages but not for reinstatement. On March 31, 
the Government asked the ILO to dismiss the STUC complaint on the 
grounds that Swiss legislation was fully compliant with the relevant 
ILO Convention. An ILO decision remained pending at year's end.

    b. The Right to Organize and Bargain Collectively.--The 
Constitution provides for the freedom to organize and bargain 
collectively, and unions exercised these rights in practice. Periodic 
negotiations between employer organizations and unions determine wages 
and settle other labor issues at the local, regional, or, infrequently, 
at the industry level. Roughly half of the entire work force is covered 
by such collective labor agreements.
    Non-syndicated firms generally abided by the terms of their 
industries' collective labor agreement. The Government has the 
authority to declare a voluntary collective labor agreement binding if 
employer organizations and unions representing a majority of firms and 
workers in a given industry jointly demand it. With the gradual opening 
of the labor market to workers from the EU ending the preferential 
treatment of Swiss workers, effective June 1, the quorum to declare a 
voluntary collective labor agreement binding was lowered to 30 percent 
of employers and 30 percent of employment contracts. The Federal 
Government and the 26 cantons have each set up special committees, 
comprising the Government, employer associations, and unions, to 
monitor the labor market and prevent dumping practices by EU firms or 
workers.
    The Constitution provides for the right to strike, and workers 
exercised this right in practice. The Government is allowed to curtail 
the right to strike of federal public servants only for reasons of 
national security or safeguarding foreign policy interests, but public 
servants were still denied the right to strike in some cantons and many 
communes.
    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 protects children from exploitation in the workplace, prohibiting 
forced or compulsory labor and setting acceptable working conditions, 
and the Government effectively enforced these provisions in practice.
    The minimum age for the full-time employment is 15 years, and 
children generally remained in school until this age. Children over 13 
years of age may be employed in light duties for not more than 9 hours 
per week during the school year and 15 hours otherwise. The employment 
of youths between the ages of 15 and 20 was regulated strictly; they 
were not allowed to work at night, on Sundays, or in hazardous or 
dangerous conditions.
    The Economic Ministry (SECO) monitors the implementation of child 
labor policies but actual enforcement is the responsibility of the 
cantonal labor inspectorates; government officials inspected companies 
allegedly violating the law.

    e. Acceptable Conditions of Work.--There was no national minimum 
wage, which resulted in low wage structures for unskilled and service 
industry workers; however, some of the voluntary collective labor 
agreements contain clauses on minimum compensation.
    The law sets a maximum 45-hour workweek for blue- and white-collar 
workers in industry, services, and retail trades, and a 50-hour 
workweek for all other workers. The law prescribes a rest period of 35 
consecutive hours plus an additional half-day per week. Annual overtime 
is limited by law to 170 hours for those working 45 hours per week and 
to 140 hours for those working 50 hours per week. The Government 
effectively enforced these regulations.
    The Labor Act and the Accident Insurance Act contain extensive 
regulations to protect worker health and safety. SECO and cantonal 
labor inspectorates held responsibility for their implementation. There 
were no reports of lapses in the enforcement of these regulations. 
Workers have the right to remove themselves from work situations that 
endanger health or safety without jeopardy to their continued 
employment.

                               __________

                               TAJIKISTAN

    Tajikistan is ruled by an authoritarian government, which has 
established some democratic institutions such as, a constitution and a 
multiparty political system that includes legally registered opposition 
parties. President Emomali Rahmonov and an inner circle of loyal 
supporters continued to dominate the Government. Parliamentary 
elections in February 2000 were neither free nor fair. The Constitution 
provides for an independent judiciary; however, it was subjected to 
political pressure from the executive branch, and corruption was a 
serious problem.
    Stability throughout the country continued to increase, as it has 
each year since the end of the country's 5-year civil war in 1997. The 
Ministries of Interior, Security, and Defense share responsibility for 
public order, internal security, and intelligence. The security forces 
are under full control of the Government and report to the President. 
Members of the security forces committed serious human rights abuses, 
including torture, during interrogation.
    The economy was in transition from a state-controlled system to a 
market-based one. The country's population was approximately 6.5 
million. Most of the work force was engaged in agriculture, which 
remained partly collectivized. The country remained extremely poor. 
Despite 7 years of sustained economic growth, an estimated 57 percent 
of the population lived below the poverty line. Per capita gross 
national product was approximately $180, and gross domestic product 
grew approximately 7 percent during the year. The official unemployment 
rate was 10 percent; however, international organizations active in 
country estimated that the actual unemployment rate was approximately 
34 percent. Narcotics trafficking through the country and pervasive 
corruption throughout society continued to be serious problems. The 
combination of the two exacerbated income disparities between the 
majority of the population and a small number of former pro-government 
and opposition warlords who controlled many of the legal, and most of 
the criminal, sectors of the economy.
    The Government's human rights record remained poor; although there 
were some improvements in a few areas, serious problems remained. 
Citizens' right to change their government remained restricted. 
Security forces tortured, beat, and abused detainees and other persons 
and were also responsible for threats, extortion, and abuse of 
civilians. Prison conditions remained harsh and life threatening. A few 
prisoners died of hunger. From January until September, the 
International Committee of the Red Cross (ICRC) had access to prisons 
controlled by the Ministry of Justice (MOJ). At year's end, the ICRC 
was negotiating with the MOJ to regain access to all prisons.
    Impunity and lengthy pretrial detention remained problems. 
Authorities used torture to obtain confessions, which were routinely 
accepted as evidence in trials without qualification. The Government 
continued to restrict freedom of speech and freedom of the press. 
Journalists practiced self-censorship to avoid problems with the 
authorities, and there were some instances of violence against 
journalists by unidentified persons. There were some restrictions on 
freedom of religion, primarily for women, and the government arrested 
persons alleged to be members of a banned extremist Islamist political 
organization. The Government continued to deny the registration of two 
opposition political parties amid allegations that authorities made 
politically motivated arrests. Some international democracy, 
nongovernmental organizations (NGOs) faced government harassment and 
registration problems. Violence and discrimination against women, and 
trafficking in persons remained problems. Trafficking in women and 
children was a serious problem, which the Government took significant 
steps to address. Child labor was a problem, and there were some 
instances of forced labor, including children.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Arbitrary or Unlawful Deprivation of Life.--There were no 
reports of the arbitrary or unlawful deprivation of life committed by 
the Government or its agents.
    Unlike the previous year, there was no significant progress in 
investigating political killings that occurred during the 1992-97 civil 
war and more recent killings linked to the war (see Section 1.d.). 
Local and international observers questioned the objectivity of ongoing 
investigations by a special Ministry of Interior unit into killings 
that occurred during the civil war.
    Unlike 2003, no deaths were reported due to land mines in the 
Karetegin Valley, where both the Government and the opposition had laid 
land mines during the civil war. During the year, the Government 
completed demining of the valley. However, there were some reported 
land mine deaths on the Tajik-Uzbek border. The Government has made 
demining the area a priority and, to prevent additional Tajik deaths 
and casualties, worked with international organizations during the year 
to remove land mines along the border that were laid by Uzbekistan.

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

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The law prohibits such practices; however, there were 
reports that government security officials employed them.
    Torture occurred during the year, though to a lesser extent than in 
2003. Security officials, particularly from the Ministry of Interior 
(MOI), continued to use systematic beatings to extort confessions, 
torture, sexual abuse, and electric shock during interrogations. During 
the year, several persons alleged to be members of Hizb ut-Tahrir, an 
extremist Islamist political organization, and members of their 
families claimed that they were tortured and beaten while in police 
custody (see Sections 1.d. and 2.b.). One person said the beating 
resulted in permanent hearing loss.
    Beatings and mistreatment were also common in pretrial detention 
facilities, and the Government took minimal action against those 
responsible for the abuses (see Section 1.d.). In May 2003, following 
the arrest and detention of Shamsiddin Shamsiddinov, deputy chair of 
the opposition Islamic Revival Party of Tajikistan (IRP), authorities 
allegedly beat him and used electric shock torture (see Section 1.e.).
    In the southern regions of the country, citizens made numerous 
complaints of harassment and abuse committed by some border guards who 
were involved in drug trafficking. Afghan refugees also alleged 
continued harassment and mistreatment by law enforcement authorities 
(see Section 2.d.).
    In July 2003, according to two international human rights groups, 
nine high-ranking police and Interior Ministry officials in Sughd 
Province were convicted of using torture to force confessions from 
falsely accused suspects. They were sentenced to 3 to 7 years in jail.
    Prison conditions remained harsh and life threatening for an 
estimated 7,000 to 10,000 incarcerated persons. Prisons were generally 
overcrowded, unsanitary, and disease-ridden. The spread of tuberculosis 
was a serious problem, and there were reports that a few prisoners died 
of hunger. According to the law, family members were allowed access to 
prisoners only after indictment. However, family members of prisoners 
sentenced to death were neither told the date of the execution nor 
allowed access to the prisoner's effects until the sentence was carried 
out. On May 10, President Rahmonov signed a moratorium on the death 
penalty.
    There was one prison that held only former members of so-called 
``power ministries,'' such as the police, intelligence and secret 
officers, and the military. Men and women were held separately, and 
juveniles were held separately from adults. Pretrial detainees were 
held separately from convicted prisoners.
    From January to September, the ICRC was allowed access to prisons 
controlled by the MOJ, including pretrial detention centers. At year's 
end, the ICRC and the MOJ were in negotiations to regain access to all 
of the MOJ's prisons. During the year, local NGOs also made prison 
visits on behalf of the Organization for Security and Co-operation in 
Europe (OSCE); however, the NGO visitors submitted to Government 
conditions.

    d. Arbitrary Arrest or Detention.--Arbitrary arrest and detention 
remained serious problems. The law, which is an amended holdover from 
the Soviet era, allows for lengthy pretrial detention, and there are 
few checks on the power of prosecutors and police to make arrests.
    Impunity remained a serious problem, and officers who committed 
abuses were rarely prosecuted. The Government acknowledged that police 
and security forces were corrupt and that most citizens who were abused 
chose to remain silent rather than risk retaliation by authorities.
    The Ministries of Interior, Security, and Defense shared 
responsibility for internal security. The Ministry of Interior is 
primarily responsible for public order, the Ministry of Security has 
responsibility for intelligence, and the Ministry of Defense is 
responsible for military security.
    Police may detain persons without a warrant for up to 72 hours. 
Prosecutors are empowered to detain persons for 10 days, after which 
time charges must be filed, and this was generally followed in 
practice. Following indictment, the law allows for pretrial detention 
of up to 15 months. The first 3 months of detention are at the 
discretion of a local prosecutor; the next 3 months must be approved at 
the regional level. The Prosecutor General must approve longer periods 
of detention, and the Government generally followed this in practice.
    All investigations must be completed 1 month before the 15th month 
of detention to allow time for the defense to examine government 
evidence. There is no requirement for judicial approval or for a 
preliminary judicial hearing on the charge or detention. There is no 
bail system; however, in criminal cases detainees may be conditionally 
released and restricted to their place of residence pending trial. 
Officials occasionally denied attorneys and family members access to 
detainees. At year's end, many of the persons detained during the year 
were held incommunicado for long periods of time and remained in police 
custody without being charged.
    In most cases, security officers, principally from the MOI and the 
Ministry of Security, did not obtain arrest warrants and did not bring 
charges within the time specified by the law. Persons released from 
detention often claimed that they were mistreated, beaten, and tortured 
(see Section 1.c.).
    During the year, authorities made politically motivated arrests. 
For example, on August 27, a deputy chairman of the Progress Party of 
Tajikistan was arrested for libeling the President, and there were 
reports that the Government illegally detained other members of rival 
political factions.
    According to media reports, approximately 70 members of Hizb ut-
Tahrir (Party of Islamic Liberation) were arrested during the year. Of 
that number, about 50 were sentenced in connection with crimes related 
to their membership in the banned extremist political organization, 
which calls for the overthrow of secular governments and establishment 
of a theocratic Islamic state or Caliphate throughout the Muslim world 
(see Sections 1.c. and 2.b.).
    In 2003, authorities arrested and charged a number of persons for 
crimes committed against journalists during the civil war. They 
remained in detention together with other detainees who had not been 
formally charged. Some of the detainees were held incommunicado.
    Muhummadruzi Iskandarov, head of the Democratic Party of 
Tajikistan, was detained in Moscow on December 9th at the request of 
the Tajik Prosecutor General's office. He was detained on multiple 
charges, some of which may be politically motivated.
    There was no reliable estimate of the number of political detainees 
because until recently, the law precluded visits to pretrial detention 
centers operated by the authorities.

    e. Denial of Fair Public Trial.--The Constitution provides for an 
independent judiciary; however, courts and judges were subject to 
political pressure from the executive branch and criminal networks, and 
corruption and inefficiency were problems.
    Problems with judicial integrity continued; however, during the 
year, the Government took steps to improve the overall situation and to 
address problems by holding judges accountable and by arresting some of 
the most corrupt judges and prosecutors. In October, a deputy 
prosecutor and three judges were convicted of corruption.
    The President is empowered to appoint and dismiss judges and 
prosecutors with the consent of Parliament. Judges at the local, 
regional, and national level were generally poorly trained, lacked 
understanding of the concept of an independent judiciary, and had 
extremely poor access to legal reference materials and other resources. 
Low wages for judges and prosecutors left them vulnerable to bribery, 
which remained a common practice.
    The Government took steps to improve the quality of judges and used 
written and oral examinations to screen out unqualified candidates. In 
addition, the Council of Justice began a judicial training program to 
improve technical knowledge of the judicial sector.
    The judicial system is composed of city, district, regional, and 
national courts, and there are parallel economic and military court 
systems. Higher courts serve as appellate courts for lower ones. There 
also is a Constitutional Court that reviews citizens' claims of 
constitutional violations. The law provides for the right to appeal; 
however, there were few reports of appeals because citizens generally 
did not trust the court system.
    Trials are public, and juries are used, except in cases involving 
national security or the protection of minors. The law stipulates that 
a case must be brought before a judge within 28 days after it is 
entered for trial; however, most cases were delayed for months at a 
time (see Section 1.d.). Under the law, courts appoint attorneys at 
public expense; however, in practice, arrested persons often were 
denied timely access to an attorney, and some were not allowed access 
to any legal counsel.
    Prosecutors are responsible for conducting all investigations of 
alleged criminal conduct. According to the law, both defendant and 
attorney have the right to review all government evidence, to confront 
witnesses, and to present evidence and testimony. No groups are barred 
from testifying, and, in principle, all testimony is given equal 
consideration.
    MOJ officials maintained that defendants benefit from the 
presumption of innocence, despite an unmodified Soviet-era statute that 
presumes guilt rather than innocence. In practice, an indictment 
implied that the Government was convinced of a suspect's guilt, and 
Government officials routinely made public, pretrial statements 
proclaiming a suspect's guilt.
    Law enforcement officials often used torture and beatings to coerce 
evidence, including confessions to obtain an admission of guilt (see 
Section 1.c.). Such evidence was routinely used in trials without 
qualification.
    In rare instances, military courts try civilians, who have the same 
rights as defendants in civilian courts. A military judge and two 
officers drawn from the service ranks hear such cases.
    There was little official information about criminal court 
procedures and the number of political prisoners; however, credible 
international and local sources estimated that approximately 100 former 
opposition fighters of the United Tajik Opposition remained in prison 
after the civil war despite two general amnesties in 1998. Controversy 
over which crimes the amnesties covered delayed resolution of the 
cases. However, following a government review of the cases, most were 
determined to be appropriately jailed for grave crimes; others were 
released.
    In January, following a partially closed trial, a closed session of 
the Military Board of the Supreme Court sentenced Shamsiddin 
Shamsiddinov, a deputy chair of the opposition IRP, to 16 years in 
prison for organizing an armed group and illegally crossing the border. 
Both crimes were covered under the 1998 post-war amnesties. While in 
pretrial detention, he was allegedly abused and denied access to 
counsel (see Section 1.c.). The IRP maintained that the trial and 
sentencing were politically motivated to discredit the party.
    In April, another top IRP official, Qosim Rakhimov, was sentenced 
to 9 years' imprisonment on charges of statutory rape, which some 
observers considered politically motivated, but which most credible 
sources considered plausible.
    From January to September, the ICRC was allowed access to political 
prisoners and prisons controlled by the MOJ. At year's end, the ICRC 
was negotiating with the MOJ to regain access to all MOJ prisons.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The Constitution prohibits such actions; however, 
while there were some violations by police forces, in practice, 
authorities generally respected the prohibitions.
    Police cannot enter and search a private home without the approval 
of a prosecutor, except in special, compelling circumstances in which a 
delay caused by obtaining a warrant would impair national security. If 
police search a home without prior approval, they must inform a 
prosecutor within 24 hours; however, police frequently ignored these 
laws and infringed on citizens' right to privacy. There is no 
independent judicial review of police searches conducted without 
permission.
    Family members of persons alleged to be members of Hizb ut-Tahrir, 
an extremist Islamist political group, claimed that they were 
mistreated and beaten while in police custody (see Sections 1.c., 1.d 
and 2.b.).
    Police and Ministry of Interior officials often harassed the 
families of suspects in pretrial detention or threatened to do so to 
elicit confessions (see Section 1.c.).
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The Constitution provides for 
freedom of speech and of the press; however, the Government restricted 
these rights in practice. Journalists, broadcasters, and citizens who 
disagreed with government policies on occasion were subjected to 
intimidation and discouraged from speaking freely or critically.
    The Government's methods of control and intimidation of non-
governmental media included: Barring access to state-owned printing 
presses, ``warnings'' made by telephone and in person at a prosecutor's 
office or during visits to editorial offices, restricting broadcast 
licenses, selective tax inspections, and increased scrutiny of 
relatively independent publications and television and radio stations.
    The Government controlled most printing presses, the supply of 
newsprint, and broadcasting transmission facilities and subsidized a 
large majority of publications and broadcast productions. However, the 
number of independent and local newspapers continued to increase during 
the year, several of which were affiliated with political parties or 
blocs.
    Most persons in the country obtained news and information from 
radio, particularly in rural areas. There were an estimated 309 print 
media outlets, 17 private television stations and 4 radio stations in 
the country. During the year, the Government did approve a value added 
tax (VAT) exemption for print media but continued to look at other 
measures to promote local media. International media were allowed to 
operate freely, including rebroadcasts of Russian television and radio 
programs.
    There was one government-run television network; its local 
affiliates covered regional and local issues only from the Government's 
point of view. Its signal reached most of the country, except for the 
most remote areas, and an estimated 90 percent population watched it. 
The Government also added television transmitters in the Rasht valley 
to increase viewership of state-run television.
    Opposition politicians had limited access to state-run television; 
however, it continued to broadcast a series of political party debates. 
Of the 17 private television stations, only a handful were genuinely 
independent, and not all of them operated at the same time. Some of the 
independent stations had their own studio facilities and broadcast 
equipment, but most depended on government-owned transmission equipment 
to broadcast their programs. However, the Government did not interfere 
with their broadcasts.
    In contrast to 2003, the Government reversed moves to relax 
pressure on the media. According to international observers and media 
monitoring groups, the reversal was part of the Government's effort to 
consolidate power and influence in advance of parliamentary elections 
scheduled for February 2005.
    Independent radio and television stations continued to experience 
administrative harassment and bureaucratic delays. To obtain a 
broadcast license, individuals must apply to the Ministry of 
Communications and the State Television and Radio Committee. At every 
stage of the process, there were high official and unofficial fees. The 
process of obtaining a license sometimes took years. Those who were 
denied licenses were allowed to reapply; however, there was no formal 
appeals process.
    Journalists on occasion were subjected to harassment and 
intimidation, sometimes perpetrated by government authorities. During 
the year, Mavluda Sultonzoda, a correspondent for the opposition 
newspapers Nerui Sukhan and Ruzi Nav, faced harassment and received 
death threats for writing an article that questioned the sources of 
Rahmonov's wealth and influence. In July, Rajabi Mirzo, outspoken 
editor-in-chief of Ruzi Nav, was severely beaten by unknown assailants 
near his home in Dushanbe. The government launched an investigation 
into the attack, but there were no developments by year's end.
    In August, the Government closed down Jiyonkhon, an independent 
printing press that published two opposition newspapers, Ruzi Nav and 
Nerui Sukhan, for alleged tax violations by Nerui Sukhan. Ruzi Nav 
appealed to the government-owned publishing house to resume publishing, 
but the appeal was denied. Afterwards, Ruzi Nav's editor contracted 
with an independent printing house in Kyrgyzstan, to print the 
newspaper. However, in November, authorities confiscated the first 
edition upon its arrival into the country. This situation led to 
publishing difficulties for other newspaper. For example, Odamu Olam, a 
new independent political and social newspaper that began publishing 
during the year, had difficulty finding a printing house willing to 
risk publishing its controversial material. Other independent 
newspapers faced similar difficulties.
    The law affirms the right to free speech, and interfering with a 
journalist's work is a crime; however, journalists reported that 
government officials improperly limited their access to information or 
provided ``friendly advice'' on what news should not be covered. 
Fearing reprisals and the kind of violence committed against 
journalists during the civil war, editors and reporters often exercised 
self-censorship. Under the law, a person can be imprisoned for up to 5 
years for insulting the President. The few publications that published 
articles highly critical of the Government subsequently experienced 
harassment or ceased publishing, particularly before major political 
events.
    Unlike in previous years, the Government did not block access to 
Internet sites.
    The Government did not restrict academic freedom.

    b. Freedom of Peaceful Assembly and Association.--The Constitution 
provides for freedom of assembly; however, the Government at times 
restricted this right in practice.
    Registered organizations must apply for a permit from a local 
executive committee to organize any public assembly or demonstration. 
Permits were usually granted; however, on occasion, the Government 
retaliated against organizers. Fear of reprisal was so widespread that 
public protests or political demonstrations were rare.
    In June, the Progress Party of Tajikistan (PPT) was denied a permit 
to organize a demonstration to protest the MOJ's refusal to register 
the PPT (see Section 3). Party officials said the Government's 
rejection of their registration application was arbitrary and 
politicized. At year's end, the Prosecutor General had instituted libel 
cases against the chairman and deputy chairman of the PPT.
    The Constitution provides for freedom of association; however, the 
Government restricted this right in practice. There were strict 
controls over organizations involved in political activities, and 
registration requirements for non-political groups, like trade unions 
and NGOs, were cumbersome. According to the law, all NGOs must register 
with the MOJ. The approval and verification process is slow and 
bureaucratic; however, in 2001 the Government lowered registration fees 
for NGOs, which led to an increase in the number of local NGOs. 
According to a recent survey, there were approximately 2,000 locally 
registered NGO's in the country.
    During the year, the Government monitored the activities of 
religious institutions and groups to prevent them from becoming overtly 
political. Some individuals, such as members of the banned extremist 
Hizb ut-Tahrir organization, were arrested and sentenced to long prison 
terms for subversion and other crimes. Others remained in detention 
awaiting trial or sentencing (see Sections 1.c. and 1.d).
    The Government's concern about Islamic fundamentalism among the 
country's Muslim population prompted it to ban Hizb ut-Tahrir, which 
was alleged to have links with terrorist organizations. The group has a 
significant following among the ethnic Uzbek population in the north 
and a growing following in the south.
    According to the Ministry of Security, 60 Hizb ut-Tahrir activists 
were arrested during the year, of whom 6 were sentenced to jail terms 
ranging from 6 months to 15 years. However, according to media reports, 
70 members were arrested, and all were convicted on charges of active 
membership in the organization, failure to report criminal activity, 
distribution of extremist literature, inciting religious hatred, and 
seeking to disrupt constitutional order (see Section 1.d.).
    In January and April, two senior IRP officials were sentenced to 
long prison terms for criminal offenses (see Section 1.e.). The IRP 
alleged that the convictions were politically motivated to discredit 
the party and not an abuse of religious freedom. However, local and 
international observers said the two cases exemplified how the 
authorities can subject members of Islamic groups and the political 
opposition to pressure.
    During the year, several international democracy NGOs faced 
registration problems and increased scrutiny, which made it difficult 
for them to operate (see ection 4).
    The Government refused to register two political parties during the 
year (see Section 3).

    c. Freedom of Religion.--The Constitution provides for freedom of 
religion; however the Government imposed some restrictions.
    The country is a secular state and the Government did not 
explicitly ban, prohibit, or discourage specific religions from 
practicing their beliefs; however, the law requires all religious 
communities to be registered by the State Committee on Religious 
Affairs (SCRA). According to the Government, registration helps to 
ensure that religious groups act in accordance with the law; however, 
in practice, it sometimes was used as a means to control their 
political and religious activity.
    Islam is the majority religion, and the government promoted respect 
for traditional Islam, however, it viewed extremist Islamist groups as 
a threat to national security (see Section 2. b.).
    In May 2003, local authorities prosecuted and fined two members of 
the Jehovah's Witnesses in Tursunzade for teaching religion without a 
license and meeting in an unlicensed place of worship. Although the 
community of Jehovah's Witnesses was registered in Dushanbe with the 
SCRA, the local court ruled that they also had to register at the local 
level. By year's end, the case remained unresolved, despite several 
attempts by the Jehovah's Witnesses community to register their 
ministry with authorities in Tursunzade.
    Unlike in previous years, no mosques were closed and no imams were 
removed by the SCRA. In July 2003, the SCRA and Sughd government 
officials conducted ``training'' for all imams in the region. Two imams 
were removed and 2 mosques were closed for improper registration. In 
2002, 15 imams in the Sughd region were removed, 3 of who were members 
of the IRPT. Local observers alleged that the Government used the 
training and testing process as a means to silence certain politically 
outspoken religious figures.
    The Government continued restrictions on pilgrims undertaking the 
hajj during the period covered by this report, mandating that pilgrims 
travel by air. The Government stated that it made the decision because 
no tour operators in the country could meet Saudi government safety and 
hygiene regulations for buses carrying pilgrims and to ensure that the 
instability in Iraq would not put pilgrims at risk. There were no 
quotas on the total number or regional origin of pilgrims. A total of 
5,000 citizens made the pilgrimage (out of a Saudi-imposed limit of 
5,900), which was an increase of 2,000 compared with the previous hajj.
    Some regional and local interior departments refused to issue 
internal identification documents to women who refused to be 
photographed without the hijab. The SCRA intervened when cases were 
brought to its attention to allow those women to obtain documents.
    Authorities at times restricted other Muslim religious activities. 
For example, government printing houses are prohibited from publishing 
texts in Arabic and generally did not publish religious literature; 
however, they did so in special cases, including copies of the Koran in 
Arabic script. There were no restrictions on private Arabic language 
schools; however, restrictions on home-based Islamic instruction 
remained in place because of political concerns.
    Missionaries of registered religious groups were not legally 
restricted and proselytized openly; however, the Government's fear of 
Islamic extremism prompted it to restrict visas for Muslim 
missionaries. Some Mullahs spoke out against women attending mosques, 
despite support from some Islamic scholars and several mosques for them 
to attend. The Government indicated that religious instruction should 
not take place at home, which could deprive many women of access to 
religious practice.
    Unlike in the previous year, the country's small Baha'i community 
generally did not experience harassment or 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, the Government imposed some restrictions.
    Both citizens and foreigners are prohibited from traveling within a 
15-mile zone along the country's borders with China and Afghanistan 
without permission from the Ministry of Foreign Affairs. However, the 
restriction was not always enforced along the western part of the 
border with Afghanistan, although a special visa was required for 
travelers--including international workers and diplomats--to Gorno-
Badakhshan. Travel to border areas near Uzbekistan in the southwest was 
not restricted significantly, except occasionally at the border that 
was closed intermittently by Uzbekistan during the year. Diplomats and 
international aid workers could travel to the Afghanistan border region 
without prior authorization, although 48-hour prior notice to the 
Ministry of Security was required. Russian Border Forces guarding the 
Tajik-Afghan border occasionally restricted border crossings.
    Unlike in the previous year, border guards in the northern regions 
did not routinely subject travelers to degrading searches for 
narcotics.
    Foreign travelers wishing to remain in the country longer than 3 
days were required to register with central authorities, and 
regulations required registration at a local Ministry of Interior 
office upon arrival and departure. However, these regulations were 
generally not enforced in practice.
    There are no laws that provide for exile, and there were no reports 
of forced exile; however, some Government opponents remained in self-
imposed exile in Russia.
    There are no legal restrictions on changing residence or workplace, 
and there is no law on emigration. However, persons wishing to emigrate 
to countries of the former Soviet Union must notify the Ministry of 
Interior prior to their departure. Persons who wish to emigrate to 
other countries must obtain an immigrant visa to receive a passport, 
and persons who settle abroad are required to inform the Tajikistan 
embassy or Tajikistan interest section of the nearest Russian embassy 
or consulate. According to a report by a local research organization, 
more than 600,000 persons left the country during the year to seek 
employment; the vast majority went to Russia.
    Most persons who left the country were permitted to return freely; 
however, some persons active with the Tajik opposition who left during 
the civil war, experienced administrative difficulty in obtaining new 
documents to replace expired ones that would permit them to return. The 
Government provided protection and modest assistance to resettle any 
citizens who returned voluntarily and cooperated with international 
organizations in the process.
    The Constitution provides for the granting of asylum or refugee 
status to persons 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, and granted 
refugee status or asylum. Under the law, a person granted refugee 
status has the right to work and to move freely throughout the country. 
The Government cooperated with the U.N. High Commissioner for Refugees 
(UNHCR) and other humanitarian organizations in assisting refugees.
    According to the UNHCR, 17 asylum cases were granted refugee 
status, and 37 cases were denied status. Court challenges to these 
denials continued at year's end. The appeal process was adequate, 
albeit slow.
    During the year, 80 refugees were resettled to third countries, and 
the UNHCR repatriated 66 Afghans. The State Migration Service estimated 
that 2,500 Afghan refugees remained in the country, not including 
Afghans who had permanently resettled in the country.
    Police officers continued to mistreat and harass the country's 
Afghan refugees, who resided mainly in the capital and in Khujand (see 
Section 1.c.). Although their treatment improved in some areas, many 
Afghani refugees claimed they were frequently harassed and intimidated 
into paying illegal registration fees, bribes, and other fines to 
police who falsely accused them of being affiliated with the Taliban. 
Despite legislation allowing Afghan refugees to resettle in the country 
and to obtain citizenship, to date no Afghan refugee has been granted 
citizenship.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The Constitution provides citizens with the right to change their 
Government peacefully; however, the Government restricted this right in 
practice.
    The country made little progress in its transition from a Soviet-
style system to a more open and transparent society. The President, 
together with an inner circle of loyal supporters, continued to 
dominate the Government and further consolidated his hold on power.
    In November 2003, a candidate of the Democratic Party of Tajikistan 
won a district-level by-election. In January, the President's dominant 
People's Democratic Party (PDP) challenged the outcome with an appeal 
to a district court. The appeals court overturned the lower court's 
decision, a ruling that local legal experts said was wrong and 
politically manipulated.
    In June 2003, the President's power was further consolidated 
following a national referendum in which voters approved 56 
constitutional amendments that were combined into one package.
    Voters could only answer yes or no to the entire package. The OSCE 
and other international organization criticized the ballot as neither 
free nor fair. Many voters never received voting registration cards and 
lacked adequate information about what constitutional changes they were 
voting for. The most significant amendment permits the President to run 
for two more 7-year terms. This could allow Rahmonov to remain in 
office until 2020. Rahmonov has been president since 1994, and his 
current term in office ends in 2006. He was re-elected in 1999 in an 
election that was seriously flawed and was neither free nor fair.
    In February 2000, the pro-Presidential PDP overwhelmingly won 
parliamentary elections that international observers said were neither 
free nor fair. The PDP controlled an overwhelming majority of seats in 
both houses of Parliament (Majlisi Oli). Of the total 96 seats in the 
bi-cameral legislature, two opposition parties, the IRP and the 
Communist Party, won 7 seats drawn from party lists. Twelve independent 
candidates also won seats. The majority party control of the PDP, 
combined with a lack of genuine political pluralism, resulted in a 
legislative branch dominated by the executive branch.
    There were six legally registered political parties. However, three 
parties continued to be banned, the Adolatkhoh Party, the Party of 
Popular Unity, and the Agrarian Party--which merged with the Democratic 
Party. At year's end, the MOJ still refused to register The Unity Party 
and the PPT (see Section 2.b.). The law prohibits political parties 
from receiving support from religious institutions; however, political 
parties that are of religious character, such as the Islamic Revival 
Party (IRP) were registered.
    Opposition political parties, including unregistered ones, remained 
small, had limited popular support, and were kept under close scrutiny 
by the Government. While they were generally able to operate, they had 
difficulty obtaining access to state-run media. During the year, two 
prominent IRP members were convicted of crimes and sentenced to long 
prison terms (see Section 1.e.).
    In June, President Rahmonov signed into law amendments to the code 
on parliamentary elections. While the law included a number of positive 
reforms, international observers said it contained two problematic 
provisions. It requires candidates to pay a registration fee of 
approximately $500 (1,400 somoni), which is 200 times the minimum 
monthly wage and could prevent opposition candidates from running in 
the election. The second provision does not explicitly permit civil 
society election observers but does allow election observers from 
political parties and the media.
    Corruption in the country is widespread and pervasive. The 
Government acknowledged the problem and took steps to combat 
corruption, including trying officials and judges for taking bribes.
    There were 12 women in the 96-seat legislature, two of whom held 
positions as deputy chairs, one in the lower house and one in the upper 
house of Parliament. Many women also served as deputy ministers in the 
Government, and one was a Deputy Prime Minister.
    There were four members of minorities in the 96-seat legislature. 
Ethnic Uzbeks were represented in the Government, although not in 
direct policymaking roles.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    A number of domestic and international human rights groups 
generally operated without government restriction, investigating and 
publishing their findings on human rights abuses.
    The Government did not block the registration of local NGOs 
addressing human rights, and the number of domestic human rights 
organizations increased during the year. According to the UNHCR, there 
were more than 2,000 NGOs in the country focusing on a wide variety of 
issues, including child welfare, civil society, mass media, and health. 
However, authorities at times restricted freedom of assembly and 
association for organizations involved in political activities. Forming 
and registering an NGO with the MOJ remained cumbersome and 
bureaucratic, and registered groups must obtain permission to hold 
demonstrations and protests (see Section 2.b.). However, unlike in 
previous years, local NGOs generally did not face governmental 
harassment.
    Discussion at seminars sponsored by international NGOs on topics 
such as, the rule of law, independent judiciary, international 
humanitarian law, and media freedom, were frequently critical of the 
Government. Government officials were somewhat responsive to the views 
of human rights groups.
    The Government permitted international NGOs to operate in the 
country on a regular basis. For example, the OSCE mission in Dushanbe 
continued to monitor human rights problems with the help of its five 
field offices, which experienced varying levels of cooperation with 
local authorities. However, during the last 2 months of the year, the 
Government made it increasingly difficult for some international 
democracy NGOs to function by delaying registration on technical 
grounds and denying entry visas for international staff. The ICRC 
maintained an office in the country under its delegation in Uzbekistan. 
At year's end the ICRC continued to negotiate with the MOJ to regain 
access to all prisons (see Section 1.c.).
    The Government's Office for Constitutional Guarantees of Citizens' 
Rights under the President continued its work of investigating and 
answering citizens' complaints; however, the office was understaffed 
and received uneven cooperation from other government institutions.
    In June, the Government's Commission on Fulfillment of 
International Rights Commitments submitted its first U.N. report. 
Throughout the year, it worked with international organizations to 
draft all required U.N. reports on human rights, including the report 
to the Committee on the Elimination of Racial Discrimination and the 
Convention on the Elimination of All Forms of Discrimination Against 
Women.
    The Parliament's Committee on Legislation and Human Rights also 
monitored human rights violations; however, like the rest of the 
legislature, in practice it was not independent. During the year, the 
Committee was not very active and issued no reports.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The Constitution provides for the rights and freedoms of every 
person regardless of ethnicity, race, sex, language, political 
persuasion, or social status; however, in practice, there was 
discrimination against women.

    Women.--Violence against women, including spousal abuse, remained a 
widespread problem. Most cases of domestic abuse went unreported, and 
cases reported to authorities were seldom investigated.
    In addition, there continued to be widespread reports, particularly 
in rural areas, about abductions of young women who were then raped or 
forced to marry their abductors.
    The Criminal Code prohibits rape (although not specifically spousal 
rape), which is punishable by up to 20 years imprisonment; however, it 
was widely believed that most cases were unreported and that the 
problem was growing, particularly in urban areas. The threat of rape 
often was used to intimidate women. There were no special police units 
for handling rape cases and no statistics on the number of rapists 
charged, prosecuted, or convicted.
    During the year, many domestic and international NGOs supported 
women's resource centers to address the concerns of victims of rape and 
spousal abuse; however, government funding for such centers was 
extremely limited, although it had a specific committee for women's and 
family affairs within the office of the President. Unlike in the 
previous year, NGOs and some government structures discussed violence 
against women in the framework of the Government's reporting 
obligations for U.N. conventions.
    Prostitution is illegal; however, in practice, prostitutes were 
assessed a nominal fine and released, although pimps and madams were 
prosecuted regularly. The law prohibits operating brothels, procuring, 
making, or selling pornography, infecting another person with a 
venereal disease, and the sexual exploitation of women.
    Trafficking of women for the purposes of sexual exploitation and 
forced labor was a serious problem (see Section 5, Trafficking).
    Women were employed in government, businesses, and in institutes of 
higher learning. While there was no formal discrimination against 
women, they faced traditional societal discrimination, diminishing 
educational opportunities, and increasing poverty. The law provides 
women with equal pay for equal work with men; however, this was not 
always enforced in practice.
    In August, the country's highest Islamic body issued a fatwa that 
prohibited women from praying in mosques that do not have fully 
separate facilities for men and women. The Government supported the 
fatwa but expressed concern over the separation of church and state. In 
November, in a nation-wide address, President Rahmonov said he would 
not interfere with the decision and stressed that religion should be 
kept out of politics. Local observers said the decree was 
discriminatory and a step backwards from gender equality because most 
mosques in the country did not have separate facilities for men and 
women.
    The law protects women's rights in marriage and family matters; 
however, young girls often were pressured to marry men whom they did 
not choose, and polygyny, although illegal, was increasingly common 
among men. Inheritance laws do not discriminate against women; however, 
in practice, some inheritances passed disproportionately to sons. 
Deaths of male heads of households in connection with the country's 
civil war left a large number of widows, many of whom still faced 
societal discrimination and lived in extreme poverty.
    Women increasingly played an important role in the country's civil 
society. Many NGOs and local groups were headed by women, who organized 
programs and projects on the improvement of the status of women, on 
human rights and on gender-related issues. A number of international 
organizations in the country also focused programs on improving the 
livelihood of women.

    Children.--The Government remained committed to children's rights 
and welfare; however, it did not devote adequate financial resources to 
maintain the social security network for child welfare.
    Education is compulsory until age 16; however, the law was not 
enforced. Public education is free and universal; however, due to a 
lack of resources, the public school system has badly deteriorated. 
Girls have increasingly become marginalized in the school system, with 
families electing to keep them home to help take care of siblings.
    Parents who could afford private education sent their children to 
private schools or joined together with other parents to hire teachers 
who gave private lessons. While most children were enrolled in school 
up to the mandatory secondary level, actual attendance was estimated to 
be lower because children supplemented family income by working in the 
home or in informal activities (see Section 6.d.). Approximately half 
of the population is under 17 years of age. With the virtual collapse 
of the country's public schools, some poor male students were recruited 
and sent to Egypt, Turkey, and Pakistan to receive a free Islamic 
education.
    Medical care is available equally to both boys and girls. Due to 
poverty, however, the medical infrastructure has deteriorated since the 
country's independence from the Soviet Union.
    In 2004, a national survey by Action Against Hunger, a European-
based NGO, estimated that one child in three was malnourished. The 
Government acknowledged that malnutrition was a severe problem and 
worked with international humanitarian organizations and foreign 
governments to support school feeding programs.
    There were a few unconfirmed reports of violence against children, 
although there was no societal pattern of child abuse.
    Trafficking continued to be a problem (see Section 5, Trafficking).
    Child labor continued to be a problem (see Section 6.d.).
    Most NGOs focused on providing resources to organizations that care 
for children and protect their rights. Many local NGOs started 
trainings and summer camps that explicitly outlined their rights under 
U.N. conventions.

    Trafficking in Persons.--The law prohibits trafficking in persons; 
however, trafficking in persons from and through the country was a 
problem. There were reports that low-level government officials 
facilitated trafficking.
    On August 1, President Rahmonov signed a new comprehensive law to 
combat trafficking in persons, which addresses prevention, prosecution 
of traffickers, and protection of victims. Penalties for trafficking 
include imprisonment from 5 to 15 years and confiscation of personal 
property. The law also criminalizes trafficking in teenagers.
    Traffickers may also be prosecuted under laws prohibiting 
exploitation of prostitution, rape, kidnapping, buying and selling of 
minors, document fraud, and immigration violations. The penalties for 
these offenses range from fines to imprisonment from 5 to 20 years.
    On November 4, a Dushanbe court sentenced Jahon Hilalova to 14 
years imprisonment after convicting her of trafficking her adopted 
daughter. It was the country's first verdict under its new anti 
trafficking law.
    Also in November, authorities began an investigation into 
allegations made by a credible local humanitarian and anti-trafficking 
NGO that there may be a trend of young boys being abducted or sold for 
sexual exploitation to the Gulf States, Afghanistan, and South Asia.
    In May, the Government created a special division within the MOI 
for combating kidnapping, trafficking in persons, and racketeering. 
Five officers in the new division were assigned to investigate 
trafficking cases. The division reported that there were at least 12 
criminal rings in the country involved in trafficking young girls to 
Gulf countries. The Government generally worked openly and 
cooperatively with the international community, the International 
Organization for Migration (IOM) and other countries to combat 
trafficking; however, it still has not developed a national plan to 
combat trafficking in persons.
    In December 2003, the Dushanbe city court sentenced one trafficker 
to 14 years in prison and confiscated her property for trafficking. 
Three other trafficking trials begun in August, October, and November 
2003 were still pending.
    During the year, the Supreme Court continued hearing a case begun 
in 2003 on an 11-person criminal ring accused of trafficking in 
persons, including minors. The hearing was pending at year's end. In 
2003, a member of the opposition IRP was implicated in a case of 
recruiting and trafficking children to Gulf countries and to Turkey. He 
was detained and released but neither tried nor punished.
    The country was a source and a transit point for trafficked 
persons, primarily women and young girls. Trafficking within the 
country was also a problem. Media reports estimated that over 1,000 
persons were victims of trafficking during the year. According to the 
MOI and to information gathered from anti-trafficking hotlines, victims 
came primarily from Khojand or Dushanbe and most were trafficked to 
Russia, Central Asia, and the Persian Gulf states, including the United 
Arab Emirates, Yemen, Iran, and Saudi Arabia. Other destinations 
included former Soviet Union countries, Turkey, Syria, and Pakistan.
    The majority of trafficking victims were female Tajiks, single, 
aged 20 to 26. Many were new arrivals to Dushanbe or Khojand from rural 
areas with little formal education. Child trafficking victims usually 
were in the care of extended family. Ethnic minorities were over-
represented among victims, particularly those of Slavic origin.
    Victims commonly were recruited through false promises of 
employment. Advertisement of such work was conducted through social 
contacts; traffickers used their local status and prestige to help 
recruit victims. There also were cases of false wedding proposals and, 
on occasion, kidnappings in rural areas. Traffickers generally 
transported victims by air to the Middle East and by train to Russia 
and other former Soviet Union countries. Traffickers tightly controlled 
arrangements for travel and lodging and employed contacts among tourism 
agencies. They sometimes used forged documents to evade entry 
restrictions in destination countries. Victims commonly were not 
separated from their travel documents until arrival in the destination 
country. Debt bondage was a common form of control. There were also 
reports of male and female medical professionals trafficked from the 
country to Yemen to work at medical clinics for substandard wages; 
traffickers reportedly seized their travel documents and forced female 
medical personnel into prostitution.
    Traffickers included persons who rose to positions of power and 
wealth as field commanders--so-called warlords--during the country's 
civil war. Others, including women, were powerful local figures who 
used their wealth to cultivate patron-client relationships throughout 
their community to create a network that monitored supply and demand 
for trafficking victims.
    Corruption was endemic in the country, and reports indicated that 
low-level government authorities working in customs, border control, 
immigration, police, and tourism took bribes from traffickers. It was 
also believed that certain government figures acted as patrons or 
protectors of individuals who were involved directly in trafficking; 
however, there was no indication of widespread institutional 
involvement in trafficking by the Government. Early in the year, 
authorities began criminal proceedings against several low-level 
government officials; however, the individuals fled the country.
    There were few resources available to trafficking victims and the 
Government provided none; however, the Government endorsed efforts by 
international and domestic NGOs to prevent trafficking and provide 
services to victims.
    There were approximately 20 NGOs involved in anti-trafficking 
activities operating throughout the country. Several provided various 
services to trafficking victims and carried out a wide range of 
information programs in conjunction with local authorities throughout 
the country. For example, the NGO Modar in the Sughd region helped 
trafficking victims to find social services for abused women. The NGO 
Women Scientists ran a crisis center for abused women and trafficked 
women. The NGO Gamkhori in the southern city of Kurgan-Teppe operated a 
crisis center and hotline for victims of trafficking and domestic 
abuse.
    According to an IOM survey, nearly half of trafficking victims who 
returned to country were blackmailed by local officials who received 
bribes from traffickers to force the victims to change their story or 
face exposure as a victim. Victims usually did not pursue legal action 
against traffickers due to the social stigma attached to such victims.
    Local NGO programs, which worked with support from international 
organizations, focused on increasing awareness of trafficking. Working 
with local officials they conducted training and awareness seminars for 
the general public. The Government did not directly fund any anti-
trafficking public service announcements, but it did promote such 
announcements as well as informational materials produced and 
distributed by local and international organizations.

    Persons With Disabilities.--The law provides for the right of 
persons with disabilities to employment and adequate medical care. 
However, in practice, the Government did not require employers to 
provide physical access for persons with disabilities, and a lack of 
resources exacerbated their high unemployment rate.
    The Ministry of Labor and Social Welfare, the Government Commission 
on Fulfillment of International Human Rights, the Prosecutor General's 
office, the Society of Invalids, and appropriate local and regional 
governmental structures were all charged with protecting the rights of 
persons with disabilities.
    There is no law mandating access to buildings for persons with 
disabilities, and the Government did not require employers to provide 
such access. There were group-living and medical facilities for persons 
with disabilities; however, funding was limited, and the facilities 
were in poor condition. Several international NGOs provided limited 
assistance to persons with disabilities by providing vocational 
training and helping to rehabilitate some of the above-mentioned 
facilities.
Section 6. Worker Rights
    a. The Right of Association.--The law allows workers to form and 
join unions and they did so in practice.
    According to official figures, approximately 90 percent of the 
labor force was unionized. Most unions were affiliated with the 
Federation of Trade Unions of Tajikistan, an independent, umbrella 
organization that attempted to represent all trade unions in the 
country. However, it was largely seen as ineffective and as an 
organization that generally supported government policies.

    b. The Right to Organize and Bargain Collectively.--The laws 
provide for the right to organize and bargain collectively, and workers 
exercised this right in practice.
    The Government sets the minimum monthly wage, and wages for 
government sector workers. Private employers set their own wages.
    The law does not restrict the right to strike; however, there were 
no strikes during the year.
    There are no export processing zones.

    c. Prohibition of Forced or Compulsory Labor.--The Constitution 
prohibits forced or compulsory labor, including of children, except in 
cases defined in the law; however, there were reports that such 
practices occurred (see Sections 5, Trafficking, and 6.d.).
    Persons who formerly worked on state or collective farms were 
regularly compelled to pick cotton on privatized farms by their owners. 
However, they usually were not paid wages, and the farms no longer 
provided the services they once did, such as health care and education.

    d. Prohibition of Child Labor and Minimum Age for Employment.--
Child labor remained a problem, and the Government neither effectively 
enforced child labor laws nor instituted any initiatives to strengthen 
existing regulations on acceptable working conditions for children.
    The minimum age for employing children is 16; however, with the 
concurrence of a local trade union, children may begin work at age 15. 
By law, children under the age of 18 may work no more than 6 hours a 
day and 36 hours per week. However, children as young as 7 may perform 
household-based labor and participate in agricultural work, which is 
classified as family assistance. Many children under 10 worked in 
bazaars or sold goods on the street.
    Trade unions were responsible for reporting any violations in the 
employment of minors. Unresolved cases between unions and employers may 
be brought before the Prosecutor General, who may investigate and 
charge the manager of the enterprise with violations of the Labor Code. 
However, very few violations were reported; most children worked under 
the family assistance exception. Enforcement of child labor laws was 
the responsibility of the Prosecutors Office, the MOJ, the Ministry of 
Social Welfare, the MOI, and appropriate local and regional 
governmental offices.
    The illegal Soviet-era practice of closing secondary schools at 
cotton harvest time and putting students to work continued. The IOM 
estimated that 40 percent of the country's cotton was picked by school-
aged children, and according to World Bank statistics, as many as one 
in eight children worked instead of attending school.
    The Government does not have a comprehensive policy or national 
action plan to prevent or eliminate the worst forms of child labor.

    e. Acceptable Conditions of Work.--The official national minimum 
monthly wage of $2.30 (7 somoni) did not provide a decent standard of 
living for a worker and family.
    The wage is established by the President with the advice of the 
Ministry of Labor and in consultation with trade unions.
    There was no official estimate of the poverty income level; 
however, some observers estimated that a decent earned income in the 
capital would be $29 dollars per month (80 somoni) to live comfortably.
    The Government acknowledged the problem of low wages and provided 
certain subsidies for workers and their families at the minimum wage. 
Some establishments, both governmental and private, compensated their 
employees in kind with food commodities or with products produced by 
the enterprise, which employees either sold or bartered in local 
private markets.
    The law provides for a standard work week of 40 hours for adults 
over the age of 18. The law mandates overtime payment, with the first 2 
hours paid at 1.5 times the normal rate and the remainder at double the 
rate. Overtime payment was inconsistent in all sectors of the labor 
force. The Ministry of Finance enforces financial aspects of the labor 
law, and the Agency of the Financial Control of the Presidential 
Administration oversees other aspects of the law.
    The Government has established occupational health and safety 
standards, but they fell far below accepted international norms, and 
the Government did not enforce them in practice.
    The State Technical Supervision Committee under the Council of 
Ministers was responsible for enforcing health and safety standards. 
The law permits workers to remove themselves from hazardous conditions 
without risking loss of employment; however, this law was not enforced 
effectively, and few did so in practice.

                               __________

                                 TURKEY

    Turkey is a constitutional republic with a multiparty parliamentary 
system and a president with limited powers elected by the single-
chamber parliament, the Turkish Grand National Assembly. In the 2002 
parliamentary elections, the Justice and Development Party (AKP) won 
the majority of seats and formed a one party government. In March 2003, 
AKP Chairman Recep Tayyip Erdogan was named Prime Minister. The State 
and Government remain separate, and sometimes conflicting, concepts. 
The State, including the presidency and bureaucracy, is seen as the 
embodiment of the core principles of the republic, while the elected 
Government is more closely tied to the popular will. The military 
exercised indirect influence over government policy and actions in the 
belief that it was the constitutional protector of the State. The 
Constitution provides for an independent judiciary; however, the 
judiciary was sometimes subject to outside influences.
    The Turkish National Police (TNP), under Interior Ministry control, 
has primary responsibility for security in urban areas, while the 
Jandarma, paramilitary forces under joint Interior Ministry and 
military control, carries out this function in the countryside. The 
Government maintained a heavy security presence in parts of the 
southeast. A civil defense force known as the village guards was less 
professional and disciplined than other security forces and was 
concentrated in the southeast. Civilian and military authorities 
generally maintained effective control of the security forces. Some 
members of the security forces committed serious human rights abuses.
    The country has a market economy and a population of approximately 
67.8 million. Industry and services are dominant sectors of the 
economy; the agricultural sector also remains important. During the 
year, the real gross domestic product was expected to grow by over 10 
percent and consumer prices were expected to rise by less than 12 
percent. Approximately 9.3 percent of the workforce was unemployed. 
There were major disparities in income, particularly between the 
relatively developed west and the much less developed east.
    The Government generally respected the human rights of its 
citizens; although there were significant improvements in a number of 
areas, serious problems remained. Security forces reportedly killed 18 
persons during the year; torture, beatings, and other abuses by 
security forces remained widespread. Conditions in most prisons 
remained poor. Security forces continued to use arbitrary arrest and 
detention, although the number of such incidents declined. Lengthy 
trials remained a problem. Convictions of security officials accused of 
torture remained rare, and courts generally issued light sentences when 
they did convict. In politically sensitive cases, the judiciary 
continued to reflect a legal structure that favors State interests over 
individual rights. The State and Government continued to limit freedom 
of speech and press; harassment of journalists and others for 
controversial speech remained a serious problem. At times, the 
Government restricted freedom of assembly and association. Police beat, 
abused, detained, and harassed some demonstrators. The Government 
maintained some restrictions on religious minorities and on some forms 
of religious expression. At times, the Government restricted freedom of 
movement. The Government restricted the activities of some political 
parties and leaders, and sought to close the pro-Kurdish Democratic 
People's Party (DEHAP). The Government continued to harass, indict, and 
imprison human rights monitors, journalists, and lawyers for the views 
they expressed in public. Violence against women remained a serious 
problem, and discrimination against women persisted. Trafficking in 
persons, particularly women, remained a problem. Child labor was a 
widespread problem.
    The Government carried out extensive legal reforms during the year 
aimed at meeting the requirements for European Union (EU) membership. 
In September, Parliament adopted a new Penal Code and, in May, approved 
a package of constitutional amendments. Elements of the new Penal Code 
included: Sentences for torture convictions were increased; ``honor 
killings'' --the killing by immediate family members of women suspected 
of being unchaste--were defined as aggravated homicides; the statutes 
of limitations for all crimes were lengthened; and actions aimed at 
preventing free religious expression were defined as a crime punishable 
by 1 to 3 years' in prison. Constitutional amendments included: 
International agreements were given precedence over national law; 
military and defense expenditures were placed under Audit Court review; 
the State was assigned responsibility for ensuring gender equality; and 
the military lost its authority to name members of government boards 
overseeing higher education and broadcasting. Legislative amendments 
abolished the State Security Courts (SSCs); however, they created 
comparable high penal courts that picked up the caseload of the former 
SSCs.
    The Government implemented a number of reforms adopted in 2003 and 
2002. While security forces applied torture and ill-treatment widely, 
particularly in the southeast, the overall use of torture appeared to 
decrease during the year. Police and local authorities demonstrated 
more tolerance for controversial speech and were more flexible in 
handling nonviolent demonstrations. Kurdish language courses and news 
and cultural broadcasts began during the year, under tight 
restrictions.
                        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 known 
political killings; however, there were credible reports that security 
forces committed a number of unlawful killings. Police, Jandarma, and 
soldiers killed a number of persons, particularly in the southeast and 
east, for allegedly failing to obey stop warnings. The Human Rights 
Foundation (HRF) estimated that there were 18 killings by security 
forces between January and September, including shootings by village 
guards and border patrols. For example, in August, security forces in 
Van Province shot and killed Senol Kizil after he allegedly failed to 
heed a stop warning. In November, Jandarma officers shot and killed 
Fevzi Can in Hakkari Province, also alleging that he failed to heed a 
stop warning. One officer was arrested in the case and was awaiting 
trial at year's end. HRF estimated there were 43 killings by security 
forces in 2003.
    The courts investigated most alleged unlawful killings by security 
forces; however, the number of arrests and prosecutions in such cases 
remained low compared with the number of incidents, and convictions 
remained rare (see Section 1.d.).
    In May, Adana police shot and killed Siar Perincek after he 
allegedly ignored a stop warning and shot at police. However, three 
human rights organizations--HRF, the Human Rights Association (HRA), 
and Mazlum-Der--and the Confederation of Public Sector Trade Unions 
conducted a joint investigation and concluded that the evidence 
indicated police shot Perincek at close range while he was lying on the 
ground unarmed. The organizations also stated that police apparently 
tortured two men who were detained in the incident. Prosecutors charged 
one police officer with manslaughter and two others with torture; their 
trials began in October and were ongoing at year's end.
    In November, Mardin police shot and killed Ahmet Kaymaz and his 12-
year-old son in front of their home in Kiziltepe. Security officials 
alleged that Kaymaz and his son were planning a terrorist attack and 
had fired on police; however, a number of witnesses reportedly denied 
those claims. HRA representatives investigated the incident and stated 
that the victims had been shot at close range and there was no evidence 
they had exchanged fire with police. A parliamentary subcommittee also 
concluded there was no evidence that the victims had fired at police. 
Prosecutors opened a case against four police officers involved in the 
incident. Legal proceedings continued at year's end.
    According to the HRF and press reports, four trials in cases of 
past alleged killings by security officials ended during the year, 
resulting in nine acquittals and no convictions. Civilian judges 
transferred cases against six soldiers to military courts.
    Court proceedings continued in the trial of 10 village guards 
arrested in connection with the 2002 killing of 3 internally displaced 
persons (IDPs) returning to their homes in Ugrak village. One defendant 
remained in detention during the trial while the others were released 
pending a verdict.
    In November, the High Court of Appeals upheld the conviction of a 
police officer charged with the 1999 death in detention of trade 
unionist Suleyman Yeter and sentenced the officer, Mehmet Yutar, to 4 
years and 2 months in prison. According to the law under which convicts 
serve a portion of their sentences, Yutar would spend 1 year and 8 
months in prison. A second officer charged in connection with the 
death, Ahmet Okuducu, failed to attend the trial; the court issued a 
warrant for his arrest. In November, an Istanbul court closed a 
separate trial of four police officers charged with torturing Yeter 
(see Section 1.c.).
    In April, a prosecutor in Mus Province opened a case against seven 
village guards in connection with the 1994 killing of Ramazan Oznarci. 
The case continued at year's end.
    According to the Government, seven persons died while in police or 
Jandarma custody during the year: Four deaths were recorded as 
suicides, two as heart attacks, and one was under investigation at 
year's end to determine the cause of death.
    According to the HRF, landmines and unattended explosives killed 31 
civilians and injured 78 during the year. Both security forces and the 
Kurdistan Workers Party (PKK)--a terrorist organization that in 2003 
changed its name to the Kurdistan Freedom and Democracy Congress 
(KADEK) and later to the Kurdistan People's Congress (KHK, or Kongra-
Gel)--used landmines; it was not possible to verify which side was 
responsible for the mines involved in the incidents.
    The Government, as well as the PKK/KADEK/KHK, continued to commit 
human rights abuses against noncombatants in the southeast. According 
to the military, 18 civilians, 62 members of the security forces, and 
79 terrorists died between January 1 and October 7 as a result of armed 
clashes.

    b. Disappearance.--There were no reports of politically motivated 
disappearances.
    The Government continued to investigate and explain some reported 
disappearances. The Ministry of Interior operated the Bureau for the 
Investigation of Missing Persons, which was open 24 hours a day. 
According to the Government, 14 persons were reported missing during 
the year due to suspected terrorist activities and 4 missing persons 
were located alive.
    There were no new developments in the 2002 disappearance of Coskun 
Dogan.
    In March, a Diyarbakir SSC determined that there was insufficient 
evidence to prosecute 47 soldiers for their alleged involvement in the 
2001 disappearance of Serdar Tanis and Ebubekir Deniz.

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The Constitution prohibits such practices; however, 
members of the security forces continued to torture, beat, and 
otherwise abuse persons regularly, particularly in the southeast. 
Security forces most commonly tortured leftists and Kurdish rights 
activists.
    According to the HRF, there were 918 credible cases of torture and 
mistreatment reported at its 5 national treatment centers during the 
year. Human rights advocates claimed that hundreds of detainees were 
tortured during the year in the southeast, where the problem was 
particularly serious, but that only a small percentage of detainees 
reported torture and ill-treatment because they feared retaliation or 
believed that complaining was futile.
    During the year, senior HRF and HRA officials stated that there had 
not been a significant change in the frequency of torture over previous 
years. However, officials at a number of HRA branch offices, including 
in the southeast, said they had observed a decline in the practice. A 
number of attorneys in the southeast and other regions also reported 
that torture and ill-treatment had become significantly less common. 
Observers reported that police demonstrated greater restraint in their 
treatment of detainees and protestors during the year due to legal 
reforms and government directives.
    In June, Mehmet Nurettin Basci and Mehmet Gazi Aydin claimed Adana 
police tortured them while they were being held in detention. Basci 
said police administered electric shocks to his testicles and squeezed 
them, and hung him by his arms. Aydin said police hung him by his arms. 
Prosecutors charged three police officers in the case, which continued 
at year's end. In July, a 14-year-old claimed that Izmir police 
officers repeatedly kicked him, struck him with a truncheon, threw him 
down a staircase, and then released him without charges. In October, an 
attorney for Sezai Karakus filed a complaint with prosecutors alleging 
that Istanbul police tortured Karakus during 4 days of detention 
between late September and early October. Karakus claimed police 
squeezed his testicles, struck his head against the wall, beat him 
repeatedly, and forced him to sign a confession. Authorities did not 
file charges in the case. Karakus committed suicide in prison in 
November. In November, several persons detained by police during a raid 
of the Yeniden Ozlem publishing house in Istanbul filed a complaint 
alleging that police tortured them. They claimed police repeatedly 
struck them with pistol butts and kicked them.
    In January, an Istanbul prosecutor opened a case against police 
officers Ali Senoz and Yilmaz Savas for allegedly torturing two 
juveniles in November 2003. The police were charged with hanging the 
juveniles by their arms, squeezing their testicles, and spraying them 
with cold water and forcing them to stand in front of an air 
conditioner. The trial continued at year's end.
    There were no developments in the alleged rape and torture of DEHAP 
official Gulbahar Gunduz in 2003.
    In July, a Burdur court convicted three Jandarma officers for 
torturing 17 farmers in 2000; it sentenced 1 officer to 6 years in 
prison and the other 2 officers each to 2 years in prison. The court 
acquitted four co-defendants. The case was under appeal at year's end.
    Proceedings continued in the 5-year-old Iskenderun trial of four 
police officers--Murat Cikar, Halil Ozkan, Aysun Yuksel, and Gurkan 
Ilhan--on charges of torturing and raping two teenage girls in 
detention in 1999. The trial had experienced repeated delays related to 
the handling of forensic evidence. In March, the court rejected a 
request by prosecuting attorneys to bring charges against the chairman 
of the Forensic Medicine Institute for not submitting evidence in a 
timely manner. The defendants remained on duty and were promoted during 
the trial; one of the alleged victims was released from prison in 
November, while the other remained in prison at year's end on charges 
of membership in an illegal organization.
    In November, an Istanbul court closed the trial of four police 
officers charged with torture because the statute of limitations on the 
charges had expired. The defendants were accused of torturing trade 
unionist Suleyman Yeter and 13 other detainees in 1999.
    Human rights observers said that, because of reduced detention 
periods, security officials mainly used torture methods that did not 
leave physical traces, including repeated slapping, exposure to cold, 
stripping and blindfolding, food and sleep deprivation, threats to 
detainees or family members, dripping water on the head, squeezing of 
the testicles, and mock executions. They reported a continued 
reduction, compared with past years, in the use of methods such as 
electric shocks, high-pressure cold water hoses, beatings on the soles 
of the feet (falaka) and genitalia, hanging by the arms, and burns.
    The HRA reported that women detainees were sometimes subject to 
rape, including vaginal and anal rape with truncheons, and sexual 
harassment. Female detainees sometimes faced sexual humiliation and, 
less frequently, more severe forms of sexual torture. After being 
forced to strip in front of male officers, female detainees were 
sometimes touched, insulted, and threatened with rape.
    Human rights attorneys and physicians who treated victims said 
torture generally occurred during police or Jandarma detention before 
detainees appeared in court. Because arresting officers were 
responsible for interrogating suspects, they sometimes used torture to 
obtain a confession that would justify the arrest.
    Treatment of those arrested for ordinary crimes reportedly differed 
from treatment of those arrested for political crimes. Observers said 
that security officials sometimes tortured political detainees to 
intimidate them and send a warning to others with similar political 
views.
    Government-employed doctors administered all medical examinations 
of detainees. Examinations occurred once during detention and a second 
time before either arraignment or release; however, the examinations 
generally were brief and informal. According to the Society of Forensic 
Medicine Specialists, only approximately 300 of 80,000 doctors in the 
country were forensic specialists, and most detainees were examined by 
general practitioners and specialists not qualified to detect signs of 
torture. There were forensic medical centers in 27 of 81 provinces. 
Some former detainees asserted that doctors did not conduct proper 
examinations and that authorities denied their requests for a second 
examination.
    A Justice Ministry regulation requires doctor-patient privacy 
during the examination of suspects, except where the doctor requests 
police presence for security reasons. Under a legal amendment adopted 
in January, a suspect cannot request the presence of police; 
international and domestic human rights observers had argued that 
police could intimidate suspects into requesting their presence. 
However, the Society of Forensic Medicine Specialists reported that 
security officials often remained in the room despite objections, 
although this occurred less often than in past years. According to the 
Medical Association and human rights observers, the presence of a 
security officer could lead physicians to refrain from examining 
detainees, perform cursory examinations and not report findings, or to 
report physical findings but not draw reasonable medical inferences 
that torture occurred.
    In June, the European Committee for the Prevention of Torture (CPT) 
published a report on its September 2003 inspection of prisons and 
detention facilities in the country. The report noted that a majority 
of former detainees interviewed by the CPT said law enforcement 
officials had been present during their medical examinations. However, 
some medical staff told CPT representatives that police had become more 
cooperative when asked to leave the room during examinations.
    Authorities opened an investigation against Dr. Ilker Mese for 
``insulting soldiers'' and ``failing to examine a prisoner in the 
presence of soldiers'' after he asked soldiers to leave the room while 
he was examining a prisoner at the Tekirdag State Hospital in December 
2003. Dr. Mese was also transferred to another medical facility.
    The law mandates heavy prison sentences and fines for medical 
personnel who falsify reports to hide torture, those who knowingly use 
such reports, and those who coerce doctors into making them. The law 
provides the highest penalties for doctors who falsify reports for 
money. In practice, there were few prosecutions for violation of these 
laws. The Medical Association may fine and suspend for up to 6 months 
the license of any doctor who falsifies a report. However, Association 
officials said they were unable to enforce these sanctions in many 
cases because most doctors worked at least partly for the Government, 
which protected them.
    The CPT's June report stated that, due to recent reforms, the 
legislative and regulatory framework necessary for combating torture 
and ill-treatment had been established. The Committee's report stated 
that the challenge facing the Government involved implementing the 
reforms and ``transforming mentalities'' among law enforcement and 
judicial officials.
    The CPT found clear evidence that local and regional authorities 
were attempting to comply with the Government's stated zero tolerance 
policy on torture. The Committee's report concluded that there had been 
a sharp decline over previous years in the use of the more severe forms 
of torture. At the same time, the CPT reported that it continued to 
find credible claims of recent torture and ill-treatment.
    In September, Parliament adopted a new Penal Code that provides 
increased punishment for torture (see Section 1.d.).
    During the year, courts tried and convicted members of the security 
forces for torture and abusive treatment (see Section 1.d.).
    Police harassed, beat, and abused demonstrators (see Section 2.b.).
    The Government continued to organize, arm, and pay a civil defense 
force of approximately 58,000, mostly in the southeast region. This 
force, known as the village guards, was reputed to be the least 
disciplined of the security forces and continued to be accused 
repeatedly of drug trafficking, rape, corruption, theft, and other 
human rights abuses. Inadequate oversight and compensation contributed 
to this problem, and in some cases Jandarma allegedly protected village 
guards from prosecution. In addition to the village guards, Jandarma 
and police special teams were viewed as those most responsible for 
abuses.
    Conditions in most prisons remained poor, although the Government 
made significant improvements in the system, and the country's best 
prisons maintained high standards. Underfunding, overcrowding, and 
insufficient staff training remained common problems. The HRF reported 
that the Government provided insufficient funds for prison food, 
resulting in poor-quality meals; food sold at prison shops was too 
expensive for most inmates, and there was a lack of potable water in 
some prisons. According to the Medical Association, there were 
insufficient doctors, and psychologists were only available at some of 
the largest prisons. Some inmates claimed they were denied appropriate 
medical treatment for serious illness.
    According to the HRF, six people died during the year in hunger 
strikes protesting F-type (small cell) prisons. The Government reported 
that, since 2000, the President pardoned 189 inmates on hunger strike. 
As of September, six hunger strikers remained in prison, according to 
the HRF.
    In March, an Istanbul court ruled that authorities had used 
disproportionate force during the ``Return to Life'' prison operation 
in 2000, during which 12 prisoners were killed and 77 wounded. The 
court ordered $32,750 (44 billion lira) in compensation for each 
victim.
    At any given time, at least one-quarter of those in prison were 
awaiting trial or the outcome of a trial. Men and women were held 
separately; most female prisoners were held in the women's section of a 
prison. Despite the existence of separate juvenile facilities, at times 
juveniles and adults were held in adjacent wards with mutual access. 
According to the Government, detainees and convicts were held either in 
separate facilities or in separate sections of the same facility. 
However, some observers reported that detainees and convicts were 
sometimes held together.
    The Government permitted prison visits by representatives of some 
international organizations, such as the CPT; however, domestic 
nongovernmental organizations (NGOs) did not have access to prisons. 
The CPT visited in March, and conducted ongoing consultations with the 
Government. Requests by the CPT to visit prisons were routinely 
granted.

    d. Arbitrary Arrest or Detention.--The law prohibits arbitrary 
arrest and detention; however, the Government did not always observe 
these prohibitions in practice. During the year, police routinely 
detained demonstrators (see Section 2.b.). Police detained dozens of 
members of the legal pro-Kurdish party DEHAP on several occasions (see 
Section 3). Police continued to detain and harass members of human 
rights organizations and monitors (see Section 4). The Government 
continued to detain persons, particularly in the southeastern province 
of Batman, on suspicion of links to Hizballah.
    The Turkish National Police (TNP), under Interior Ministry control, 
are responsible for security in large urban areas. The Jandarma, 
paramilitary forces under joint Interior Ministry and military control, 
are responsible for policing rural areas. The Jandarma are also 
responsible for specific border sectors where smuggling is common; 
however, the military has overall responsibility for border control. 
There were allegations of police corruption.
    In September, Parliament adopted a new Penal Code that provides 
increased punishment for torture. Under the new law, the sentence for 
most torture convictions is 3 to 12 years in prison. Previously, the 
maximum penalty was 8 years per victim, and most persons sentenced to 
jail terms received 2 years. The new Code also establishes higher 
penalties, including life imprisonment, for aggravated torture, and 
prison terms of up to 3 years for police who fail to report torture. 
The new Penal Code increases the maximum statute of limitations for 
torture cases and other felonies from 15 years to 30 years and allows 
for the statute to be suspended in certain circumstances. The law 
requires that trials, including appeals, be completed before the 
statute of limitations expires; otherwise, the trial ends without a 
verdict. The extension of the statute of limitations was expected to 
make it difficult for defendants in torture cases to avoid a verdict by 
delaying court proceedings.
    During the year, prosecutors opened trials against 2,395 security 
personnel on torture or ill-treatment charges. Through September, 
courts reached final verdicts in 625 torture and ill-treatment cases 
begun in previous years, convicting 345 defendants and acquitting 
1,094. Seven security officers received short suspensions from duty 
during the year for ill-treatment.
    Courts investigated many allegations of ill-treatment and torture 
by security forces; however, they rarely convicted or punished 
offenders. When courts did convict offenders, punishment generally was 
minimal; monetary fines did not keep pace with the rate of inflation, 
and sentences were sometimes suspended. The rarity of convictions and 
generally light sentences in torture cases contradicted the 
Government's official policy of zero tolerance for torture. Authorities 
typically also allowed officers accused of abuse to remain on duty and, 
in some cases, promoted them during their trial, which often took 
years.
    Administrative and bureaucratic barriers impeded prosecutions and 
contributed to the low number of torture convictions. Under the law, 
courts could not convict unless a defendant attended at least one trial 
session. Police defendants sometimes failed to attend hearings in order 
to avoid conviction; prosecuting attorneys claimed courts failed to 
make serious attempts to locate such defendants, even in cases where 
the defendants received salary or pension checks at their home address.
    In separate decisions in March and September, an Ankara court 
convicted five police defendants in the 1991 Birtan Altinbas death-in-
detention case and sentenced them each to 4 years and 5 months in 
prison. The court acquitted five codefendants. In November, the High 
Court of Appeals overturned the verdict on the grounds that the 
sentences were too lenient, sending the case back to the lower court.
    The TNP and Jandarma were effective and received specialized 
training in a number of areas, including human rights and 
counterterrorism. The armed forces emphasized human rights in training 
for officers and noncommissioned officers. Noncommissioned police 
officers received 2 years of training.
    The Government's Ten Year Human Rights Education Committee held 
regional seminars to educate civil servants and others on human rights 
problems. Regional bar associations and the EU held training seminars 
with police, judges, and prosecutors across the country, focusing on EU 
human rights standards. The Justice and Interior ministries conducted 
numerous training programs for law enforcement and security officials, 
judges, and prosecutors on recent legal reforms and European Court of 
Human Rights (ECHR) case law.
    Except when police apprehend suspects in the commission of a crime, 
a prosecutor must issue a detention order for a person to be taken into 
custody. The maximum detention period for persons charged with 
individual common crimes is 24 hours. Persons charged with collective 
common crimes can be held for 48 hours.
    The law provides that detainees are entitled to immediate access to 
an attorney and to meet and confer with an attorney at any time. In 
practice, authorities did not always respect these provisions and most 
detainees did not exercise these rights, either because they were 
unaware of them or feared antagonizing authorities. Once formally 
charged by the prosecutor, a detainee is arraigned by a judge and 
allowed to retain a lawyer. After arraignment, the judge may release 
the accused upon receipt of an appropriate assurance, such as bail, or 
order detention if the court determines that the accused is likely to 
flee the jurisdiction or destroy evidence.
    Private attorneys and human rights monitors reported uneven 
implementation of these regulations, particularly with respect to 
attorney access. According to HRA and a number of local bar 
associations, only approximately 5 percent of detainees consulted with 
attorneys. HRA claimed police intimidated detainees who asked for 
attorneys, sometimes telling them a court would assume they were guilty 
if they consulted an attorney during detention. A number of attorneys 
stated that, unlike in past years, law enforcement authorities did not 
generally interfere with their efforts to consult with detainees 
charged with common crimes; however, they said they continued to face 
difficulties working with detainees charged with terrorism.
    The CPT reported that, during its September 2003 visit to the 
southeastern region, it discovered that only between 3 and 7 percent of 
recent detainees in the area had consulted with an attorney. A number 
of former detainees told CPT officials they did not know they had the 
right to consult with an attorney at no cost if they could not afford 
to hire one. Several said police refused their requests for access to 
an attorney or discouraged them from consulting an attorney, for 
example by implying they would have to pay the attorney. The CPT stated 
it was skeptical of records indicating that a high proportion of 
detainees held in antiterror departments had waived their right to 
consult an attorney and concluded that authorities in these departments 
were reluctant to allow attorney access.
    In June, the General Directorate of Security issued a circular 
directing law enforcement authorities to notify detainees of their 
right to consult with an attorney and to retain an attorney at no cost 
if they lack the means to hire one. The circular warned police that 
failure to inform detainees of their rights could render an arrest 
illegal.
    Regulations on detention and arrest procedures require authorities 
to notify relatives as soon as possible of an arrest, and authorities 
generally observed this requirement.
    Lengthy pretrial detention was a problem. The Constitution provides 
detainees the right to request speedy arraignment and trial; however, 
judges have ordered that some suspects be detained indefinitely, at 
times for years. Most such cases involved persons accused of violent 
crimes, but there were cases of those accused of nonviolent political 
crimes being held in custody until the conclusion of their trials.
    Detainees could be held for up to 6 months during the preliminary 
investigation period. If a case was opened, the pretrial detention 
period could be extended for up to 2 years. If the detainee was charged 
with a crime carrying a maximum punishment of more than 7 years, a 
court could further extend the detention period.
    Persons detained for individual crimes under the Antiterror Law 
have to be brought before a judge within 48 hours. Persons charged with 
crimes of a collective, political, or conspiratorial nature can be 
detained for an initial period of up to 4 days at a prosecutor's 
discretion and for up to 7 days with a judge's permission, which was 
almost always granted.
    International humanitarian organizations were allowed access to 
``political'' detainees, provided the organization obtained permission 
from the Ministry of Justice. With the exception of the CPT, which had 
good access, the Ministry granted organizations such permission few 
times.

    e. Denial of Fair Public Trial.--The Constitution provides for an 
independent judiciary; however, the judiciary was sometimes subject to 
outside influences. There were allegations of judicial corruption.
    In June, the Court of Appeals President's Council, headed by Court 
President Eraslan Ozkaya, rejected a request by prosecutors to 
investigate eight Court of Appeals judges for corruption in a bribery-
related case. Prosecutors sought to pursue evidence obtained from 
wiretaps indicating that the suspect in a bribery ring investigation 
had been in contact with the eight judges.
    In August, the press reported allegations that organized crime 
figure Alaaddin Cakici maintained links to two High Court of Appeals 
judges--Eraslan Ozkaya and Court Deputy Secretary General Ercan 
Yalcinkaya--as well as to officials of the Turkish National 
Intelligence Organization. Cakici allegedly was informed about the 
status of his case at the Court of Appeals and used this information to 
escape the country in May. Yalcinkaya resigned from the Court of 
Appeals in October and was reassigned as public prosecutor for Kazan, 
Ankara. In October, the Court of Appeals President's Council decided 
not to pursue either a criminal or disciplinary investigation of 
Ozkaya. A Justice Ministry investigation of Yalcinkaya continued at 
year's end.
    The Constitution prohibits the Government from issuing orders or 
recommendations concerning the exercise of judicial power; however, the 
Government and the National Security Council (NSC), an advisory body to 
the Government composed of civilian government leaders and senior 
military officers, periodically issued announcements or directives 
about threats to the State, which could be interpreted as general 
directions to the judiciary. The seven-member High Council of Judges 
and Prosecutors, appointed by the President and chaired by the Minister 
of Justice, selects judges and prosecutors for the higher courts and is 
responsible for oversight of the lower courts. The High Council, which 
is located in the Ministry of Justice and does not have its own budget, 
was widely criticized for restricting judicial independence. While the 
Constitution provides for security of tenure, the High Council 
controlled the careers of judges and prosecutors through appointments, 
transfers, promotions, reprimands, and other mechanisms.
    The judicial system is composed of general law courts; specialized 
heavy penal courts; military courts; the Constitutional Court, the 
nation's highest court; and three other high courts. The High Court of 
Appeals (Yargitay) hears appeals for criminal cases; the Council of 
State (Danistay) hears appeals of administrative cases or cases between 
government entities, and the Audit Court (Sayistay) audits state 
institutions. Most cases were prosecuted in the general law courts, 
which include civil, administrative, and criminal courts. During the 
year, Parliament adopted legislation providing for the establishment of 
regional appeals courts to relieve the Yargitay caseload and allow the 
judiciary to operate more efficiently.
    In June, Parliament adopted legislation closing the SSCs, special 
courts designed to try crimes against the State. The courts had been 
widely criticized for proprosecution bias, and the ECHR had overturned 
many SSC convictions over the years on the grounds that the defendants 
had been denied a fair trial. However, the legislation established new, 
specialized heavy penal courts to take most of the former SSC caseload. 
Since the new courts have special powers similar to those of the SSCs, 
a number of attorneys and human rights activists asserted that the 
legislation amounted to little more than a name change.
    The Constitutional Court examined the constitutionality of laws, 
decrees, and parliamentary procedural rules and heard cases involving 
the prohibition of political parties. If impeached, ministers and prime 
ministers could be tried in the Constitutional Court. However, the 
Court could not consider ``decrees with the force of law'' issued under 
a state of emergency, martial law, in time of war, or in other 
situations as authorized by Parliament. Military courts, with their own 
appeals system, heard cases involving military law for members of the 
armed forces.
    The law provides prosecutors far-reaching authority to supervise 
police during investigations; however, prosecutors complained that they 
had few resources to do so. In December, Parliament adopted legislation 
establishing judicial police, who will be assigned to take direction 
from prosecutors during investigations; however, the Interior Ministry 
maintains authority over judicial police, including their promotions. 
Prosecutors also were charged with determining which law had been 
broken and objectively presenting facts to the court.
    Defense lawyers did not have equal status with prosecutors. In 
heavy penal courts, prosecutors sat alongside judges, while defense 
attorneys sat apart. In courts with computers, prosecutors were 
generally provided with computers and had access to the hearing 
transcript; defense attorneys were not provided computer access. Judges 
and prosecutors lived in the same government apartment complexes, and 
some defense attorneys claimed that the social ties between judges and 
prosecutors disadvantaged the defense in court.
    Defense attorneys in politically sensitive cases sometimes faced 
harassment, although human rights groups and bar associations said this 
was less common than in the past. Attorneys could face threats and 
other harassment, particularly if they defended clients accused of 
terrorism or illegal political activity, pursued torture cases, or 
sought prompt access to their clients, which police often viewed as 
interference.
    There is no jury system; a judge or a panel of judges decides all 
cases. The Constitution provides for the right to a speedy trial; 
however, at times trials lasted for years (see Section 1.d.). 
Proceedings against security officials often were delayed because 
officers did not submit statements promptly or attend trials. In some 
cases, such delays extended beyond the statute of limitations, causing 
the trial to end without a verdict.
    The law prohibits the use of evidence obtained by torture in court; 
however, prosecutors sometimes failed to pursue torture allegations, 
and exclusion of evidence only occurred after a separate case on the 
legality of the evidence was resolved. In practice, a trial based on a 
confession allegedly coerced under torture could proceed and even 
conclude before the court had examined the merits of the torture 
allegations.
    The law requires bar associations to provide free counsel to 
indigents who request it from the court, and bar associations across 
the country did so in practice.
    The legal system did not discriminate in law or in practice against 
ethnic, religious or linguistic minorities; however, legal proceedings 
were conducted solely in Turkish, with interpreting available 
sometimes, which seriously disadvantaged some defendants whose native 
language was not Turkish.
    In September, Parliament adopted a new Penal Code that reduced 
sentences for some crimes and decriminalized some acts that had 
previously been considered crimes. As a result, the Government released 
3,240 convicts through November.
    There were no developments in the appeal of the 2003 ECHR ruling 
that jailed PKK leader Abdullah Ocalan did not receive a fair trial 
during the proceedings that led to his 1999 conviction.
    The HRA estimated that there were approximately 6,000 to 7,000 
political prisoners, including leftists, rightists and Islamists. Of 
these, approximately 1,500 were alleged members of Hizballah or other 
radical Islamist political organizations. The Government claimed that 
alleged political prisoners were in fact charged with being members of, 
or assisting, terrorist organizations. According to the Government, 
there were 4,508 convicts and detainees held on terrorism charges at 
year's end.
    International humanitarian organizations were allowed access to 
``political'' prisoners, provided they could obtain permission from the 
Ministry of Justice. With the exception of the CPT, which generally had 
good access, such organizations were seldom granted permission in 
practice.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The Constitution prohibits such actions, and the 
Government generally respected these provisions in practice.
    The law allows officials to enter a private residence and intercept 
or monitor private correspondence with a judicial warrant. If delay 
might cause harm to a case, prosecutors could authorize a search 
without a warrant.
    The law permits wiretaps on national security grounds with a 
written court order or, in an emergency situation, written permission 
of a prosecutor, and the Government generally respected these 
requirements in practice.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The Constitution provides for 
freedom of speech and of the press; however, the Government continued 
to limit these freedoms in some cases.
    The Government, particularly the police and judiciary, limited 
freedom of expression through the use of constitutional restrictions 
and numerous laws, including articles of the Penal Code prohibiting 
insults to the Government, the State, or the institutions and symbols 
of the Republic. Other laws, such as those governing the press and 
elections, also restrict speech. In September, Parliament adopted 
legislation prohibiting imams, priests, rabbis, and other religious 
leaders from ``reproaching or vilifying'' the Government or the laws of 
the State while performing their duties (see Section 2.c.). The 
``reasoning'' attached to the Penal Code states that persons could be 
found in violation for accepting payment from foreign sources for the 
purpose of conducting propaganda in favor of withdrawing troops from 
Cyprus or (quoting from the text of the ``reasoning'') ``saying that 
Armenians were subject to a genocide at the end of the First World 
War.'' The reasoning is not law, but serves as guidance to judges and 
prosecutors on how to apply the law.
    According to HRA, in the first 9 months of the year, courts tried 
416 persons on charges relating to spoken or written expression.
    Individuals could not criticize the State or Government publicly 
without fear of reprisal, and the Government continued to restrict 
expression by individuals sympathetic to some religious, political, and 
Kurdish nationalist or cultural viewpoints. Active debates on human 
rights and government policies continued, particularly on issues 
relating to the country's EU membership process, the role of the 
military, Islam, political Islam, and the question of Turks of Kurdish 
origin as ``minorities''; however, persons who wrote or spoke out on 
such topics risked prosecution.
    In January, prosecutors opened a case against Vetha Aydin, chairman 
of the HRA Siirt branch, for distributing posters featuring slogans in 
both Turkish and Kurdish. Aydin was charged with hanging posters 
without permission and was later acquitted.
    In February, an Ankara prosecutor indicted Fusun Sayek, president 
of the Turkish Medical Association, and Metin Bakkalci, Association 
vice president, on charges of insulting the Health Minister. The two 
were charged for public comments made in response to the Minister's 
criticism of a stop-work action by physicians. According to the 
indictment, Sayek said the Minister ``has a problem understanding'' and 
Bakkalci said, ``Not seeing the greatness of this action is a kind of 
pathological case.'' In June, a court acquitted the defendants on 
criminal charges. Civil charges were also filed against the Medical 
Association officials; a civil court acquitted Sayek but fined 
Bakkalci, whose appeal of the ruling continued at year's end.
    In May, a prosecutor in Marmaris indicted Mehmet Yurek, editor of 
the newspaper Degisim, for insulting former President Evren in an 
article published in April.
    In June, police detained and released DEHAP official Nedim Bicer 
for using the expression ``sayin'' (``esteemed'') in reference to 
Abdullah Ocalan during a May press conference.
    In September, an Istanbul prosecutor opened a case against 
journalist Mehmet Ali Birand and three attorneys for jailed PKK leader 
Abdullah Ocalan in connection with an April CNN Turk broadcast during 
which Birand interviewed the attorneys. Birand and the attorneys--Irfan 
Dundar, Mahmut Sakar, and Dogan Erbas--were charged with aiding the 
PKK.
    During the year, there were indications that some judges in speech-
related cases were conforming their rulings to recent, EU-related legal 
reforms. In May, SSCs in Van and Erzurum acquitted DEHAP President 
Tuncer Bakirhan on charges of separatism and spreading terrorist 
propaganda in public speeches. The courts determined that Bakirhan's 
comments did not encourage violence and were within the realm of 
legally protected speech. In August, a Van court acquitted Selahattin 
Demirtas, president of the HRA Diyarbakir branch, on charges of making 
terrorist propaganda, reportedly basing its ruling on the European 
Convention on Human Rights.
    There were no new developments in the appeal of DEHAP parliamentary 
candidate Ruknettin Hakan's 2003 conviction and 6-month suspended 
prison sentence for ``making propaganda in a language other than 
Turkish.''
    In January, an Istanbul SSC sentenced Sefika Gurbuz, chairwoman of 
the Social Support and Culture Association of Migrants, to 10 months 
imprisonment in connection with the organization's 1999 2001 report on 
forced displacement. The court converted the sentence to a fine of 
$1,430 (1.9 billion lira).
    Freedom of the press was restricted; however, the Government took a 
number of steps during the year to ease some of the restrictions. In 
June, Parliament adopted a law to expand press freedom. The new law 
replaces prison sentences with fines for a number of crimes, reduces 
fines, permits noncitizens to own periodicals and serve as responsible 
editors, protects editors and reporters from being forced to disclose 
sources, provides punishment for preventing the distribution of a 
publication, allows law enforcement authorities to confiscate a maximum 
of three copies of a publication under investigation, generally 
prohibits courts from converting fines to prison sentences in press-
related cases, and prohibits authorities from closing publications or 
preventing their distribution due to violations of the Press Law.
    In May, Parliament amended the Constitution so that it no longer 
authorizes law enforcement authorities to seize printing presses or 
other publishing equipment.
    Independent domestic and foreign periodicals that provided a broad 
spectrum of views and opinions, including intense criticism of the 
Government, were widely available, and the newspaper business was 
extremely competitive. However, news items reflected a proauthority 
bias.
    The Government owned and operated the Turkish Radio and Television 
Corporation (TRT). According to the High Board of Radio and Television 
(RTUK), there were 226 local, 15 regional, and 16 national officially 
registered television stations, and 959 local, 104 regional, and 36 
national radio stations. Other television and radio stations broadcast 
without an official license. The wide availability of satellite dishes 
and cable television allowed access to foreign broadcasts, including 
several Kurdish-language private channels. Most media were privately 
owned by large holding companies that had a wide range of outside 
business interests; the concentration of media ownership influenced the 
content of reporting and limited the scope of debate.
    The RTUK monitored broadcasters and sanctioned them if they were 
not in compliance with relevant laws. Parliament elected the RTUK 
Council members, who were divided between ruling and opposition 
parties. In July, Parliament revised the RTUK law to eliminate the NSC-
nominated member from the Council, reducing Council membership from 
nine to eight. Although nominally independent, the RTUK was subject to 
political pressures. The RTUK penalized private radio and television 
stations for the use of offensive language, libel, obscenity, 
instigating separatist propaganda, or broadcasting programs in Kurdish. 
RTUK decisions could be appealed to the Provincial Administrative Court 
and then to the Council of State (Danistay). The RTUK reported that, in 
the first 9 months of the year, it closed 4 television stations and 6 
radio stations for periods of 30 days each.
    In March, the RTUK ordered Ozgur Radio and Serhat Television to 
cease broadcasting for 30 days for inciting people to hatred and 
violence. Ozgur was sanctioned in connection with an August 2003 
broadcast during which articles from the newspaper Evrensel were read 
on the air; Serhat was sanctioned due to a July 2003 program titled 
``Isildak.'' In April, the RTUK ordered ART Television of Diyarbakir to 
cease broadcasting for 30 days on the grounds that an August 2003 
broadcast featuring Kurdish music constituted separatist propaganda. In 
June, the RTUK banned one broadcast of the Show TV program ``Valley of 
Wolves'' for encouraging violence and inciting racial hatred. In 
September, RTUK ordered Gun TV of Diyarbakir to cease broadcasting for 
30 days as punishment for a December 2003 broadcast that authorities 
deemeded to be ``against the values of Ataturk, against the unity of 
the State.'' The sanction stemmed from Gun TV's live broadcast of a 
symposium on local administration, human rights, and the media. In 
October, the RTUK ordered Imaj Radyo to cease broadcasting for 30 days 
for playing a song that it considered incited hatred and violence.
    Prosecutors harassed writers, journalists, and political figures by 
bringing dozens of cases to court each year under various laws that 
restrict media freedom; however, judges dismissed many of these 
charges. Authorities often closed periodicals temporarily, issued 
fines, or confiscated periodicals for violating speech codes. Despite 
government restrictions, the media criticized government leaders and 
policies daily and adopted an adversarial role with respect to the 
Government.
    In May, an Ankara court ordered three journalists of the Islamist-
oriented Vakit newspaper--owner Nuri Aykon, editor Harum Aksoy, and 
writer Mehmet Dogan--to pay $408,000 (551 billion lira) to 312 generals 
for insulting them. The charges stemmed from an article published in 
August 2003 titled, ``The Country Where a Soldier Who Does Not Deserve 
to be Sergeant Becomes a General.'' An appeals court upheld the ruling.
    In October, a Bursa court convicted Genc Party leader Cem Uzan, 
sentenced him to 8 months in prison, and fined him $462 (623 million 
lira) for insulting the Government in a 2003 speech in which he called 
Prime Minister Erdogan ``godless.'' The case was under appeal at year's 
end.
    There were no new developments in the case of Sabri Ejder Ozic, who 
appealed his December 2003 conviction for insulting and mocking 
Parliament in a radio broadcast.
    At year's end, writer and scholar Fikret Baskaya continued to face 
charges involving the 2003 republishing of an article he wrote in 1993.
    According to the Government, there were no journalists held on 
speech violations during the year; however, at year's end, there were 
43 prisoners claiming to be journalists who were charged with a variety 
of crimes.
    Authorities sometimes used forms of censorship against periodicals 
with pro-Kurdish or leftist content, particularly in the southeast. In 
January, Sinan Kutluk claimed police kidnapped him and threatened to 
kill him as he was distributing the leftist daily Ozgur Gundem in 
Adana. In June, a juvenile said plainclothes police beat him as he was 
distributing Ozgur Gundem in Van. Journalists practiced self-
censorship.
    While there were improvements during the year, the Government 
maintained significant restrictions on the use of Kurdish and other 
minority languages in radio and television broadcasts. In June, state 
television and radio began limited broadcasts in Kurdish and three 
other minority languages. RTUK regulations limited the minority-
language broadcasts, including news and cultural programming, to 60 
minutes per day, 5 hours per week on radio, and 45 minutes per day, 4 
hours per week on television. The regulations also require that non 
Turkish radio programs be followed by the same program in Turkish and 
that non-Turkish television programs have Turkish subtitles. At year's 
end, local stations were prohibited from broadcasting similar non-
Turkish programs pending the completion of a RTUK viewer-listener 
profile.
    In October, the Government's Human Rights Consultation Board issued 
a report, which found that legal restrictions on the use of minority 
languages violated the country's commitments under the 1923 Lausanne 
Treaty to provide Turkish nationals the right to use any language in 
the press, commerce, religion, public meetings, and private life 
without restriction. A number of Government officials harshly 
criticized the report and Ankara prosecutors opened an investigation 
against the report's principal authors. There were no developments in 
the investigation at year's end.
    In November, the High Court of Appeals reinstated a case against 
the teachers' union Egitim-Sen on charges stemming from an article in 
the union's statute supporting the rights of individuals to receive 
education in their mother tongue; the case continued at year's end.
    While Kurdish-language audio cassettes and publications were 
available commercially, local authorities periodically prohibited 
specific cassettes or singers, particularly in the southeast. 
Prosecutors ordered the confiscation of numerous issues of leftist, 
Kurdish nationalist, and pro-PKK periodicals and prohibited several 
books on a range of topics. Police frequently raided the offices of 
such publications.
    The Government did not restrict access to the Internet; however, 
the law authorizes RTUK to monitor Internet speech and to require 
Internet service providers to submit advance copies of pages to be 
posted online. The law also allows police to search and confiscate 
materials from Internet cafes to protect ``national security, public 
order, health, and decency'' or to prevent a crime. Police must obtain 
authorization from a judge or, in emergencies, the highest 
administrative authority before taking such action.
    The Government did not overtly restrict academic freedom; however, 
there was some self-censorship on sensitive topics.

    b. Freedom of Peaceful Assembly and Association.--The Constitution 
provides for freedom of assembly; however, the Government restricted 
this right in practice. Significant prior notification to authorities 
was required for a gathering, and authorities could restrict meetings 
to designated sites.
    Police beat, abused, detained, or harassed some demonstrators. In 
April, Istanbul police reportedly prevented students from marching in 
Taksim Square to protest the Higher Education Council. Police allegedly 
beat students with truncheons, used tear gas, and detained 48 
demonstrators. In July, Diyarbakir police reportedly prevented a group 
of women from staging a demonstration in support of jailed PKK leader 
Abdullah Ocalan. Police allegedly beat demonstrators, injuring 6 
persons and detaining 38.
    In August, the Interior Ministry issued a circular directing 
governors and law enforcement authorities to take measures to avoid the 
use of excessive force in responding to demonstrations. The circular 
instructed authorities to identify the root causes of excessive force, 
working with NGOs and other civil institutions as necessary, and to 
punish law enforcement officials who engage in the practice.
    There were no new developments in the court appeal by police 
officers of their postponed prison sentences for beating Veli Kaya 
during a 2002 protest against the Higher Education Council.
    On March 21, most celebrations of Nevruz, the Kurdish New Year, 
took place without incident, according to the HRF; however, the HRF 
reported that police beat celebrants at a number of locations. In Agri 
Province, authorities refused to allow celebrations because the 
application featured the Kurdish spelling ``Newruz,'' including the 
letter ``w,'' which is not found in Turkish.
    In February, an Aliaga court sentenced Alp Ayan, a psychiatrist 
with the HRF Izmir Treatment and Rehabilitation Center, to 1 year in 
prison for holding an unauthorized demonstration. The court also 
sentenced 31 codefendants in the case and acquitted 34; the ruling was 
under appeal at year's end.
    The HRF reported that authorities in most cases did not interfere 
in celebrations of May Day (May 1); however, police detained a number 
of celebrants. Organizers canceled May Day celebrations in Diyarbakir 
because the Governor designated a site 12 kilometers from the city 
center.
    The Constitution provides for freedom of association; however, 
there were some restrictions on this right in practice.
    In March, prosecutors opened a case seeking the closure of the 
Human Rights Agenda Association for allegedly failing to make required 
changes to its statute. In September, an Izmir court decided to drop 
the case, determining that the changes were not necessary.
    In April, Istanbul police sealed the headquarters of the 
Association of Prisoners' Relatives under a closure order from the 
Governor for alleged violations of the Associations Law.
    In May, the Directorate General for Foundations issued a circular 
stating that all foundations were required to seek government 
permission prior to applying to participate in projects funded by 
international organizations.
    In June, an Ankara court ordered the closure of the National Youth 
Foundation for promoting ``Arab nationalism.'' In December, the High 
Court of Appeals upheld the ruling.
    In June, the Interior Ministry issued a circular that directed 
local authorities to regard public statements by civil society 
organizations as constitutionally protected speech. It also instructed 
law enforcement officials not to film or photograph meetings and 
activities of organizations unless so instructed by the governor's 
office.
    In August, a Diyarbakir prosecutor opened a case against the local 
branch of the Kurdish Writers Association for ``receiving a committee 
from the EU'' without permission from the governor's office. A court 
acquitted the defendants in October.
    In November, Parliament adopted a law that reduces limits on the 
right to form and join associations by removing restrictions on the 
establishment of associations based on race, religion, sect, region, or 
minority status, and on student associations. The law also allows 
associations to cooperate with foreign organizations and establish 
branches abroad without prior permission. The law removes the 
requirement that associations inform local authorities of general 
assembly meetings and prohibits law enforcement authorities from 
searching association premises without a court order. However, the new 
law maintains the requirement that foreign associations receive 
permission from the Interior Ministry, in consultation with the 
Ministry of Foreign Affairs, before engaging in activity in the 
country.

    c. Freedom of Religion.--The Constitution provides for freedom of 
religion, and the Government generally respected this right in 
practice; however, the Government imposed some restrictions on Muslim 
and other religious groups and on Muslim religious expression in 
government offices and state-run institutions, including universities, 
usually for the stated reason of preserving the ``secular State.''
    The Constitution establishes the country as a secular state and 
provides for freedom of belief, freedom of worship, and the private 
dissemination of religious ideas; however, other constitutional 
provisions regarding the integrity and existence of the secular state 
restrict these rights. The Constitution prohibits discrimination on 
religious grounds. The state bureaucracy has played the role of 
defending traditional Turkish secularism throughout the history of the 
Republic. In some cases, elements of the bureaucracy have opposed 
policies of the elected government on the grounds that they threatened 
the secular state.
    The Government oversees Muslim religious facilities and education 
through its Directorate of Religious Affairs (Diyanet), which reports 
directly to the Prime Ministry. The Diyanet has responsibility for 
regulating the operation of the country's 75,000 registered mosques and 
employing local and provincial imams, who are civil servants. Some 
groups, particularly Alevis, claim that the Diyanet reflects mainstream 
Sunni Islamic beliefs to the exclusion of other beliefs; however, the 
Government asserts that the Diyanet treats equally all who request 
services.
    There are an estimated 7 to 9 million Alevis, including ethnic 
Turks, Kurds, and Arabs. In general, Alevis follow a belief system that 
incorporates aspects of both Shi'a and Sunni Islam and draws on the 
traditions of other religions found in Anatolia as well. Alevis in 
Central Anatolia base their beliefs on 12er Shi'ism. Alevi Kurds in the 
Tunceli area follow the Kurdish ``Cult of Angels,'' or Yarsanism. The 
Government considers Alevism a heterodox Muslim sect; however, some 
Turkish Alevis and radical Sunnis maintain that Alevis are not Muslims.
    A separate government agency, the General Directorate for 
Foundations (Vakiflar Genel Mudurlugu), regulates some activities of 
non Muslim religious groups and their affiliated churches, monasteries, 
synagogues, and related religious property. There are 161 ``minority 
foundations'' recognized by the Vakiflar, including Greek Orthodox 
foundations with approximately 70 sites, Armenian Orthodox foundations 
with approximately 50 sites, and Jewish foundations with 20 sites, as 
well as Syrian Christian, Chaldean, Bulgarian Orthodox, Georgian, and 
Maronite foundations. The Vakiflar also regulates Muslim charitable 
religious foundations, including schools, hospitals, and orphanages.
    Secularists in the military, judiciary, and other branches of the 
bureaucracy continued to wage campaigns against what they label as 
proponents of Islamic fundamentalism. These groups view religious 
fundamentalism--which they do not clearly define, but which they assert 
is an attempt to impose the rule of Shari'a law in all civil and 
criminal matters--as a threat to the secular State. The NSC categorizes 
religious fundamentalism as a threat to public safety.
    According to the human rights NGO Mazlum-Der and other groups, some 
government ministries have dismissed or barred from promotion civil 
servants suspected of antistate or Islamist activities. Reports by 
Mazlum-Der, the media, and others indicated that the military regularly 
dismisses religiously observant Muslims from military service. Such 
dismissals were based on behavior that military officials believed 
identified these individuals as Islamic fundamentalists, which they 
were concerned could indicate disloyalty to the secular State. 
According to Mazlum-Der, the military charged individuals with lack of 
discipline for activities that included performing Muslim prayers or 
being married to women who wore headscarves. According to the military, 
officers were sometimes dismissed for maintaining ties to what the 
military considered to be Islamic fundamentalist organizations, despite 
repeated warnings from superior officers.
    The law prohibits mystical Sufi and other religious-social orders 
(tarikats) and lodges (cemaats). The military ranked tarikats among the 
most harmful threats to secularism; however, tarikats remained active 
and widespread and some prominent political and social leaders 
associated with tarikats, cemaats, and other Islamic communities.
    The Government did not recognize the ecumenical status of the Greek 
Orthodox Patriarch, acknowledging him only as the head of the country's 
dwindling Greek Orthodox community. As a result, the Government has 
long maintained that only citizens of the country could be members of 
the Church's Holy Synod and participate in Patriarchal elections. 
Members of the Greek Orthodox community said these restrictions 
threatened the survival of the Patriarchate in Istanbul, because, with 
fewer than 2,500 Greek Orthodox left in the country, the community was 
becoming too small to maintain the institution. In March, Ecumenical 
Patriarch Bartholomew I appointed six non Turkish-citizen metropolitans 
to the Holy Synod, representing the first time in the 80-year history 
of the country that noncitizens had been appointed to the body. At 
year's end, the Government was still conducting a legal analysis of the 
unprecedented move.
    The law restricts religious services to designated places of 
worship. Municipal codes mandate that only the Government can designate 
a place of worship; if a religious group has no legal standing in the 
country, it may not be eligible for a designated site. Non-Muslim 
religious services, particularly for groups that do not own property 
recognized by the Vakiflar, often took place on diplomatic property or 
in private apartments. Police occasionally prohibited Christians from 
holding services in private apartments, and prosecutors sometimes 
opened cases against Christians for holding unauthorized gatherings.
    In May, a Diyarbakir court acquitted Ahmet Guvener, pastor of the 
Diyarbakir Evangelical Church, of multiple charges of operating an 
illegal church after the prosecutor told the court that Guvener's 
actions no longer constituted a crime due to international law and 
recent domestic legal reforms. In November, a local board charged with 
protecting cultural and historic sites approved the church's 
application to have its property zoned as a place of worship, reversing 
its May ruling against the church. In December 2003, the Interior 
Ministry issued a circular directing provincial governors to facilitate 
efforts by non-Muslim communities to open places of worship; however, 
some local officials continued to impose standards, such as minimum 
space requirements, on churches while failing to apply them to mosques.
    In March, authorities approved an application by a group of 
expatriate, German-speaking Christians to establish a religious/charity 
association in Alanya, Antalya Province. In the past, authorities 
rejected such applications on the grounds that the law prohibited 
associations based on religion. The arrangement authorizes group 
members to build and maintain a church, but does not explicitly allow 
them to worship.
    The Ecumenical Patriarchate in Istanbul continued to seek to reopen 
the Halki seminary on the island of Heybeli in the Sea of Marmara, 
which was closed in 1971 when the State nationalized private 
institutions of higher learning. The Ecumenical Patriarchate faced a 
series of other problems related to its properties. Under existing 
restrictions, religious communities other than Sunni Muslims cannot 
legally train new clergy in the country for eventual leadership. 
Coreligionists from outside the country have been permitted to assume 
leadership positions in rare cases, but in general all religious 
community leaders, including Patriarchs and Chief Rabbis, were required 
to be citizens.
    In September, Parliament adopted a law prohibiting imams, priests, 
rabbis, or other religious leaders from ``reproaching or vilifying'' 
the Government or the laws of the State while performing their duties. 
Violations are punishable by prison terms of 1 month to 1 year, or 3 
months to 2 years if the crime involves inciting others to disobey the 
law, which was scheduled to go into effect in April 2005.
    While no law explicitly prohibits proselytizing or religious 
conversions, many prosecutors and police regard proselytizing by non-
Muslims and religious activism with suspicion. Police occasionally 
prohibited Christians from handing out religious literature and 
sometimes arrested proselytizers for disturbing the peace, insulting 
Islam, conducting unauthorized educational courses, or distributing 
literature that has criminal or separatist elements. Courts usually 
dismissed such charges. Proselytizing is often considered socially 
unacceptable; Christians performing missionary work are sometimes 
beaten and insulted. If proselytizers are foreigners, they may be 
deported, but generally they are able to reenter the country. Police 
may report students who meet with Christian missionaries to their 
families or to university authorities.
    Authorities enforced the long-standing prohibition on the wearing 
of headscarves at universities and by civil servants in public 
buildings. Women who wore headscarves and persons who actively showed 
support for those who defied the prohibition were disciplined or lost 
their jobs in the public sector. Students who wear head coverings are 
officially not permitted to register for classes. Many secular Turkish 
women accused Islamists of using advocacy for wearing the headscarf as 
a political tool and expressed fear that efforts to remove the 
headscarf ban would lead to pressure against women who chose not to 
wear a head covering. Secular women also maintained that many women 
wore headscarves under pressure from men. In June, the ECHR ruled that 
Turkish universities have the right to ban Muslim headscarves; the 
ruling was under appeal at year's end.
    The law establishes 8 years of compulsory secular education for 
students. After completing the 8 years, students may pursue study at 
imam hatip (Islamic preacher) high schools. Imam hatip schools are 
classified as vocational, and graduates of vocational schools faced an 
automatic reduction in their university entrance exam grades if they 
applied for university programs outside their field of high school 
specialization. This reduction effectively barred imam hatip graduates 
from enrolling in university programs other than theology. Most 
families that enroll their children in imam hatip schools did so to 
expose them to more extensive religious education, not to train them as 
imams. In May, President Sezer vetoed a bill that would have eliminated 
the disadvantage faced by graduates of imam hatip and other vocational 
schools seeking to enroll in the full range of university social 
sciences programs.
    Only the Diyanet is authorized to provide religion courses outside 
of school, although clandestine private courses existed. Students who 
complete 5 years of primary school may enroll in Diyanet Koran classes 
on weekends and during summer vacation. Many Koran courses functioned 
unofficially. Only children 12 and older could legally register for 
official Koran courses, and Mazlum-Der reported that police often 
raided illegal courses for younger children.
    Members of the Christian community reported that the Government 
revised school textbooks in response to complaints about inaccurate, 
negative references to Christianity. They said the revised versions 
represented a significant improvement.
    The 1923 Lausanne Treaty exempts non-Muslim minorities--which the 
Government interprets as referring exclusively to Greek Orthodox 
Christians, Armenian Orthodox Christians, and Jews--from Islamic 
religious and moral instruction in public schools upon written 
notification of their non-Muslim background. These students may attend 
Muslim religious courses with parental consent. Others, such as 
Catholics, Protestants, and Syriac Christians, are not exempted 
legally; however, in practice they were allowed to obtain exemptions. 
Officially recognized minorities may operate schools under the 
supervision of the Ministry of Education. Such schools are required to 
appoint a Muslim as deputy principal; reportedly these deputies had 
more authority than their nominal supervisors. The curriculum of these 
schools included Greek Orthodox, Armenian Orthodox, and Jewish 
instruction. In May, the Education Ministry stated that children with 
non-Muslim mothers could attend minority schools; previously, only 
those with non-Muslim fathers were permitted.
    Some religious groups, particularly the Greek and Armenian Orthodox 
communities, have lost property to the Government in the past and 
continued to fight ongoing efforts by the Government to expropriate 
properties. Many such properties were lost because the law allows the 
Vakiflar to assume direct administration of properties that fall into 
disuse when the size of the local non-Muslim community drops 
significantly. The Government expropriated other properties that were 
held in the name of individual community members who emigrated or died 
without heirs. The Vakiflar also took control of non-Muslim foundations 
after the size of the non-Muslim community in a particular district 
dropped below the level required to elect foundation board members. In 
September, the Government adopted a regulation allowing governors to 
expand the boundaries of electoral districts in cases where there are 
not enough voters in a district to hold foundation board elections.
    The law allows the 161 minority foundations recognized by the 
Vakiflar to acquire property and the Vakiflar has approved 292 
applications by non-Muslim foundations to acquire legal ownership of 
properties. However, the legislation does not allow the foundations to 
reclaim hundreds of properties expropriated by the State over the 
years. Foundations have also been unable to acquire legal ownership of 
properties registered under names of third parties, including 
properties registered under the names of saints or archangels, during 
periods when foundations could not own property in their own name.
    In February, the Vakiflar expropriated an orphanage on the Prince's 
Islands that had belonged to the Ecumenical Patriarchate, asserting 
that the deed, in the name of the Patriarch, was invalid and that the 
property belonged to a Greek Orthodox foundation that had previously 
been expropriated by the Government. In November, the High Court of 
Appeals upheld the expropriation. By year's end, the Patriarchate was 
unable to receive permission to repair churches, including one damaged 
in the November 2003 terrorist bombings in Istanbul.
    In January, the Government replaced the Minorities Subcommittee, a 
body that monitored minorities as potential threats to the country, 
with the Board to Assess Problems of Minorities. Unlike the 
subcommittee, the board does not include representatives of the 
military and intelligence agencies and is charged with supporting the 
rights of non-Muslims. However, there were no indications that the new 
board made any serious efforts to address the concerns of non-Muslims 
during the year.
    In September, Parliament adopted a law that prohibits forcing 
persons to declare or change their religious, political, or 
philosophical beliefs or preventing them from expressing or spreading 
such beliefs. The law specifically prohibits the use of force or 
threats to prevent persons from gathering for worship or religious 
ceremonies. Violations of the law are punishable with 1 to 3 years in 
prison.
    At year's end, members of the Baha'i community continued to seek 
authorization from a local board to renovate a sacred property in 
Edirne.
    National identity cards list a person's religious affiliation. Some 
religious groups, such as Baha'is, alleged that they were not permitted 
to state their religion on their cards; however, there were reports 
that authorities have become more flexible regarding the religious 
affiliation that may be listed. In September, an Ankara court approved 
the application of a family requesting permission to leave the religion 
portion of their children's identity cards blank until they reach 18 
years of age. Conversion to another religion entails amending a 
person's identity card; there were reports that local officials 
harassed persons who converted from Islam to another religion when they 
sought to amend their cards. Some persons who were not Muslim 
maintained that listing religious affiliation on the cards exposed them 
to discrimination and harassment.
    In March, two bombers attacked an Istanbul Masonic Lodge, killing 
two and wounding seven. It was widely believed in the country that 
Masons have Zionist and anti-Islamic tendencies; evidence gathered in 
the subsequent investigation suggested that anti-Semitism was at least 
a partial motivating factor in the attack. According to press reports, 
one of the suspects arrested also confessed to the August 2003 murder 
of a Jewish dentist in Istanbul. Reports suggested that the crime's 
perpetrator used his victim's address book and subsequently telephoned 
a number of Jewish board members of a retirement home and threatened 
them with violence.
    At year's end, court proceedings continued in the Istanbul trial of 
69 suspects charged in connection with the November 2003 terrorist 
bombings of two synagogues, the British Consulate, and a bank. In an 
incident that arose out of the bombings, a court case was opened in 
September against the 17-year-old son of one of the alleged 
perpetrators and three journalists on anti-Semitism charges. The 
charges stemmed from an interview with the daily Milliyet in which the 
youth said, ``the attacks did not touch the hearts of the members of my 
family because the target was Jews,'' and, ``if Muslims hadn't been 
killed, we would have been happy. We don't like Jews.'' Three Milliyet 
journalists were charged with providing a platform for incitement 
against members of another religion.
    Some Muslims, Christians, Jews, and Baha'is faced societal 
suspicion and mistrust. Jews and Christians from most denominations 
freely practiced their religions and reported little discrimination in 
daily life. However, there were regular reports that citizens who 
converted from Islam to another religion were sometimes attacked and 
often experienced social harassment. Proselytizing on behalf of non-
Muslim religions was socially unacceptable and sometimes dangerous. A 
variety of newspapers and television shows have featured anti Christian 
and anti-Jewish messages, and anti-Semitic literature was common in 
bookstores.
    In October, the Government's Human Rights Consultation Board issued 
a report on minorities, which stated that non-Muslims are effectively 
barred from holding positions in State institutions, such as the armed 
forces, the Ministry of Foreign Affairs, the National Police, and the 
National Intelligence Agency. A number of representatives of non-Muslim 
communities confirmed the report's conclusions (see Section 5).
    During the observance of Ramazan in October-November, there were 
reportedly several incidents of university students attacking students 
who were not fasting. In October, the rector of Gaziosmanpasa 
University in Tokat opened an investigation against 10 students and a 
faculty member in connection with such attacks. In November, police 
intervened after fasting students at Ankara University attacked 
nonfasting students, according to press reports.
    In March, the Bursa court trying three members of the Nationalist 
Movement Party accused of severely beating Yakup Cindilli, a convert to 
Christianity, postponed hearings for 15 months on the grounds that such 
a period of time was needed before a medical evaluation could be 
conducted to determine the full extent of Cindilli's injuries.
    In April, an Ankara SSC sentenced Kerim Akbas of Baskent TV to 23 
months in prison for inciting attacks against local Protestants and 
their places of worship. The court convicted Akbas for a series of 
broadcasts claiming Protestants were bribing Muslims to convert and 
attempting to disturb the peace. The ruling was under appeal at year's 
end. Following the broadcasts, vandals damaged several local Protestant 
facilities.
    In September, Bodrum police closed a Protestant church and 
confiscated its signs under orders from the Governor. Authorities 
reopened the church several days later.
    Members of a Protestant church in Kecioren, Ankara, said local 
residents opposed to their presence repeatedly threatened them, 
attempted to attack church members, and vandalized the church. They 
said police were dismissive of their reports; church members filed a 
complaint against the local police chief. Church members opened a case 
against the alleged organizer of the harassment; however, at year's end 
the suspect remained at large and the threats and vandalism continued.
    In September, an estimated 1,000 protestors gathered outside the 
Greek Orthodox Patriarchate in Istanbul and burned an effigy of 
Ecumenical Patriarch Bartholomew I. The protest was organized by the 
youth wing of the Nationalist Movement Party, whose leaders accused the 
Patriarch of interfering in internal politics by commenting on 
religious reform and the country's EU candidacy. In October, unknown 
persons threw a homemade bomb over the wall of the Patriarchate; the 
bomb blew out several windows and damaged the roof of a cathedral.
    Jehovah's Witnesses reported increasing official harassment of 
their worship services because they were not members of an officially 
recognized religion. On several occasions during the year, members of 
Jehovah's Witnesses in Mersin and Istanbul were fined for conducting 
religious meetings without permission. Members also reported some 
difficulties in claiming conscientious objector status and exemption 
from military service. Jehovah's Witnesses who were conscripted into 
the military refused to take the military oath or carry weapons and, as 
a result, faced arrest and detention; such detention generally lasted 
for about a month, after which the individual was released pending 
trial.
    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, at times the Government limited some of these rights. The 
Constitution provides that a citizen's freedom to leave the country 
could be restricted only in the case of a national emergency, civic 
obligations (military service, for example), or criminal investigation 
or prosecution. The Government maintained a heavy security presence in 
the southeast, including numerous roadway checkpoints. Provincial 
authorities in the southeast, citing security concerns, denied some 
villagers access to their fields and high pastures for grazing.
    The Constitution prohibits forced exile, and the Government did not 
employ it. There were no new cases of internal exile during the year.
    Various NGOs estimated that there were from 1 to 3 million IDPs 
remaining from PKK conflict, which reached its height between 1984 and 
1990. The Government reported that 378,000 residents ``migrated'' from 
the southeast during the conflict, with many others departing before 
the fighting. In July, Parliament adopted a law allowing persons who 
suffered material losses during the conflict with the PKK to apply for 
compensation. Under the law, IDPs who fled the region are eligible for 
cash or in-kind payment for losses caused by terrorism or by the 
State's antiterror operations. However, the Foundation for Society and 
Legal Studies and a number of international organizations criticized 
the law because some villagers who fled the region, particularly those 
who fled the country, would have difficulty meeting the 1-year deadline 
for applying for payment and because villagers who received token 
amounts of compensation in the past would be ineligible for benefits. 
Residents of the southeast and representatives of regional bar 
associations also said the law established unreasonable documentation 
requirements and awarded levels of compensation far below standards 
established by the ECHR.
    According to human rights activists, villagers, and some southeast 
members of Parliament, the Government did not allow some displaced 
villagers to return to the southeast unless they signed a document 
stating that they had left their homes due to PKK terrorism, rather 
than government actions, and that they would not seek government 
assistance in returning. Village guards occupied homes abandoned by 
IDPs and have attacked or intimidated IDPs attempting to return to 
their homes with official permission. Voluntary and assisted 
resettlements were ongoing. In some cases, persons could return to 
their old homes; in other cases, centralized villages have been 
constructed. The Government claimed that a total of 127,927 displaced 
persons had returned to the region as of November and that it had 
assisted in the reopening of more than 400 villages and hamlets.
    In August, the HRA reported that soldiers forcibly evacuated 
residents from the village of Ilicak in Sirnak Province, marking the 
first such evacuation in 3 years. Local officials arranged for the 
return of the villagers 3 days later.
    In September, the Governor and Jandarma officials in Sirnak 
Province evicted village guards who were preventing a group of Syriac 
Christians from returning to their homes. The Syriacs, who fled due to 
the PKK conflict, returned during the year and found 20 village guards 
occupying their homes in the village of Sarikoy. The Sirnak Governor 
cut off electricity to the village, and Jandarma officers evacuated the 
village and disarmed the village guards. The Syriacs reportedly paid 
local authorities $93,700 (126 billion lira) for the relocation effort.
    Foreign governments and national and international human rights 
organizations continued to criticize the Government's program for 
assisting the return of IDPs as secretive and inadequate.
    There were no new developments in the Mersin trial of seven members 
of the Migration and Humanitarian Aid Foundation (GIYAV) on charges of 
aiding and abetting an illegal organization. There were also no new 
developments in the separate Mersin trial in which prosecutors are 
seeking to disband GIYAV on charges of establishing relations with 
foreign associations without seeking the required approval from the 
Interior and Foreign ministries.
    An administrative regulation provides for the granting of asylum or 
refugee status in accordance with the definition in the 1951 U.N. 
Convention Relating to the Status of Refugees or its 1967 Protocol; 
however, the Government exercised its option under the Convention of 
accepting obligations only with respect to refugees from Europe. 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. According to the Government, Europeans recognized as 
refugees could remain in the country and eventually acquire 
citizenship; however, it was not clear how often this happened in 
practice. The Government cooperated with the U.N. High Commissioner for 
Refugees (UNHCR) and other humanitarian organizations in assisting the 
small number of European refugees and asylum seekers. Chechens, many of 
whom arrived in 2001, reported problems making asylum applications with 
the Government and renewing temporary residence permits.
    The Government offered non-European refugees temporary asylum while 
they were waiting to be resettled in another country. The UNHCR 
conducted refugee status determination for applicants from non European 
countries and facilitated the resettlement of those recognized as 
refugees.
    The UNHCR reported that no recognized refugees were returned to a 
country where they feared persecution during the year; however, three 
asylum seekers whose applications remained under review by the UNHCR 
were deported to their country of origin.
    Detained illegal immigrants found near the country's eastern border 
areas were more likely to be questioned about their asylum status and 
referred for processing than those caught while transiting or 
attempting to leave the country. Even along the eastern border, 
however, access to the national procedure for temporary asylum was 
hindered by the lack of reception facilities for groups of interdicted 
migrants, potentially including asylum seekers, and interpreters to 
assist security officials.
    The UNHCR experienced difficulty gaining access to some persons who 
expressed a wish to seek asylum while in detention and facing 
deportation. According to the UNHCR, the Government deported 23 persons 
in this situation during the year, in most cases to their country of 
origin, without giving the UNHCR an opportunity to assess their 
possible need for international protection.
    Regulations require asylum seekers to apply within 10 days of 
arrival and submit proof of identity in order to register for temporary 
asylum. An appeal can be lodged within 15 days of a decision by 
authorities not to receive an asylum claim; after the appeal procedure, 
rejected applicants are issued a deportation order that can be 
implemented after 15 days. According to the UNHCR, the Government 
demonstrated greater flexibility than in past years in applying these 
regulations; however, asylum seekers arriving in the country after 
transiting through one or more other countries continued to face 
difficulties in lodging an application. As a result, some of the 
refugees and asylum seekers registered with the UNHCR were unable to 
register with the Government or otherwise legalize their status in the 
country.
    The Government provided free medical care to non-Europeans 
recognized as refugees by the UNHCR, pending efforts to resettle them 
abroad. Local authorities also extended support to non-European 
refugees in some cases. The UNHCR remained the main source of support 
to refugees, working with the Government and civil society 
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 generally exercised this right in 
practice through periodic free and fair elections held on the basis of 
universal suffrage; however, the Government restricted the activities 
of some political parties and leaders.
    The 2002 parliamentary elections were held under election laws that 
the Organization for Security and Cooperation in Europe (OSCE) found 
established a framework for democratic elections in line with 
international standards; however, the OSCE mission noted that several 
parties--notably the AKP, the winner of the elections--faced action 
aimed at closing them down, and many candidates were also prohibited 
from running. The mission reported that, while there were a substantial 
number of cases of harassment reported by some political parties and by 
human rights groups, the situation had improved markedly compared with 
previous elections.
    Political parties and candidates could freely propose themselves 
and be freely nominated by various elements in the country; however, 
the High Court of Appeals Chief Prosecutor could seek to close 
political parties for unconstitutional activities by bringing a case 
before the Constitutional Court.
    There were no new developments during the year in the legal case 
seeking the closure of the pro-Kurdish DEHAP on charges of separatism.
    In February, the Constitutional Court ordered the Felicity Party to 
stop using the abbreviation ``SP,'' which was the abbreviation used by 
the banned Socialist Party.
    In July, the High Court of Appeals overturned the April conviction 
of Leyla Zana, Hatip Dicle, Orhan Dogan, and Selim Sadak, former 
members of Parliament from the Democracy Party. An Ankara SSC had 
convicted the four defendants in their retrial on charges of being 
members of, or supporting, the PKK. The Court of Appeals ruled that the 
SSC had failed to conform to recent legal reforms in its conduct of the 
retrial. The Court of Appeals' reasons for overturning the verdict 
included the SSC's rejection without explanation of a defense request 
for the replacement of the chief judge, the use of statements and 
testimony by the prosecution that were not read in court, the SSC's 
refusal to permit some defense witnesses to testify, and the failure to 
have audio and video recordings used as evidence transcribed by 
impartial parties. In June, the Court of Appeals ordered the release of 
the defendants. As a result of the Court of Appeals ruling, a heavy 
penal court in October began a new trial for the defendants.
    In October, a Bursa court sentenced Genc Party leader Cem Uzan to 8 
months in prison for insulting the Government (see Section 2.a.).
    During the year, police raided dozens of DEHAP offices, 
particularly in the southeast, and detained hundreds of DEHAP officials 
and members. Jandarma and police regularly harassed DEHAP members, 
through verbal threats, arbitrary arrests at rallies, and detention at 
checkpoints. Security forces also regularly harassed villagers they 
believed were sympathetic to DEHAP. Although security forces released 
most detainees within a short period, many faced trials, usually for 
supporting an illegal organization, inciting separatism, or for 
violations of the law. In January, an Erzurum prosecutor opened a case 
against DEHAP Chairman Tuncer Bakirhan on charges relating to a 2002 
speech. A court convicted Bakirhan and sentenced him to 1 year in 
prison, but postponed the sentence. In February, the High Court of 
Appeals upheld the conviction of DEHAP Party Assembly member Abdulkerim 
Bingol on charges relating to a 2003 speech. Bingol began serving his 
18-month prison sentence in April. In April, DEHAP official Giyasettin 
Torun claimed that Istanbul police kidnapped him, blindfolded him, and 
subjected him to threats and beatings for several hours before 
releasing him without charge. In June, a prosecutor in Van indicted 
local DEHAP Chairman Hasan Ozgunes, HRA official Zuleyha Cinarli, and 
11 others on terrorism charges stemming from their participation in a 
press conference on the Kurdish problem and the prison conditions of 
jailed PKK leader Abdullah Ocalan. A court acquitted them in August. In 
December, a Bursa prosecutor opened a case against eight DEHAP members, 
including Murat Avci, head of the party branch in Bursa, in connection 
with slogans allegedly shouted at a DEHAP event in June.
    Corruption was a problem. Former Prime Minister Mesut Yilmaz and 
former State Minister Gunes Taner were charged with corruption during 
the year and were scheduled to be tried in 2005. Other former high-
level officials faced trial for allegedly abusing their authorities. 
Several retired military officers were also charged with corruption, 
including former Naval Forces Commander Ilhami Erdil, former NSC 
Secretary General Tuncer Kilinc, and former Jandarma Commander Sener 
Eruygur. Prosecutors dropped the charges against Kilinc because the 
statute of limitations had expired; legal proceedings against the other 
former officers continued at year's end.
    Opposition party members criticized the ruling AKP for refusing to 
lift the immunity of AKP parliamentarians suspected of corruption and 
other abuses.
    In October 2003, the Government adopted the Freedom of Information 
Law, under which citizens could apply to government institutions for 
information. The HRF maintained that the law gives the Government broad 
leeway to reject applications on national security and other grounds; 
HRF requests for information during the year were denied, and there was 
no opportunity to appeal. The Press Council reported that it received 
no complaints during the year from journalists making applications 
under the law.
    There were 24 women in the 550-seat Parliament. There was 1 female 
minister in the 24-member Cabinet. There were no female governors but 
approximately 20 female subgovernors. Following the March local 
elections, there were 25 women among the 3,209 mayors in the country.
    Some minority groups were active in political affairs. Many members 
of Parliament and senior government officials were Kurds.
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 
in many regions, but faced government obstruction and restrictive laws 
regarding their operations, particularly in the southeast. The 
Government met with domestic NGOs (which it defined broadly to include 
business organizations and labor unions), responded to their inquiries, 
and sometimes took action in response to their recommendations.
    The HRA had 34 branches nationwide and claimed a membership of 
approximately 14,000. The HRF, established by the HRA, operated torture 
rehabilitation centers in Ankara, Izmir, Istanbul, Diyarbakir, and 
Adana and served as a clearinghouse for human rights information. Other 
domestic NGOs included the Istanbul based Helsinki Citizens Assembly, 
the Ankara-based Turkish Democracy Foundation, the Turkish Medical 
Association, human rights centers at a number of universities, and 
Mazlum Der.
    Human rights organizations and monitors, as well as lawyers and 
doctors involved in documenting human rights violations, continued to 
face detention, prosecution, intimidation, harassment, and formal 
closure orders for their legitimate activities. For example, the HRA 
reported that prosecutors opened 98 court cases and investigations 
against the organization between October 2003 and August, and 58 cases 
remained ongoing at year's end.
    In March, prosecutors dropped a case against the members of the HRF 
Executive Board on charges of translating HRF reports into English and 
distributing them without permission, soliciting donations on the 
Internet, and encouraging protestors to engage in hunger strikes by 
providing treatment to ill strikers. If convicted, the board members 
would have been forced to resign.
    There were no developments in the Government's investigation of the 
HRA headquarters and Ankara branch office. The investigation was opened 
following the May 2003 police raid of the facilities.
    Amnesty International maintained a headquarters in Istanbul and 
reported good cooperation with the Government during the year. The 
Government also cooperated with international governmental 
organizations such as the CPT, UNHCR, and the International 
Organization for Migration. In October, the Government permitted the 
visit of and met with the U.N. Special Representative for Human Rights 
Defenders.
    In October, the Interior Ministry issued a circular directing local 
authorities to comply with U.N. and EU guidelines for protecting the 
rights of human rights defenders.
    Representatives of diplomatic missions who wished to observe human 
rights developments were free to speak with private citizens, groups, 
and government officials. However, security officials routinely placed 
such official visitors in the southeast under visible surveillance. 
Visiting foreign government officials and legislators were able to meet 
with human rights observers. There were no public reports that the 
Government denied permission for foreign officials to make such visits; 
however, police reportedly harassed and intimidated some human rights 
activists in the southeast after they met with foreign diplomats.
    There were government-sponsored human rights councils in all 81 
provinces and 850 subprovinces to serve as a forum for human rights 
consultations among NGOs, professional organizations, and the 
Government. The councils investigated complaints and, when deemed 
appropriate, referred them to the prosecutor's office. However, some 
councils failed to hold regular meetings or effectively fulfill their 
duties. Human rights NGOs generally refused to participate on the 
councils, maintaining that they lacked authority and were not 
independent, in part because unelected governors and subgovernors 
served as chairmen.
    A Human Rights Presidency monitored the implementation of 
legislation relating to human rights, coordinated with NGOs, and 
educated public officials. The Presidency was attached to the Prime 
Ministry; it did not have a separate budget, and its resources were 
limited. Other government human rights bodies include the High Human 
Rights Board, an interministerial committee responsible for making 
appointments to human rights posts; a Human Rights Consultation Board, 
which serves as a forum for the exchange of ideas between the 
Government and NGOs; and a Human Rights Investigative Board, a special 
body to be convened only in cases where lower-level investigations are 
deemed insufficient by the Human Rights Presidency. The Human Rights 
Investigative Board has never been convened.
    The parliamentary Human Rights Committee, which has a mandate to 
oversee compliance with the human rights provisions of domestic law and 
international agreements, investigated alleged abuses, prepared 
reports, and carried out detention center inspections.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The Constitution regards all citizens as equal and prohibits 
discrimination on ethnic or racial grounds; however, societal and 
official violence and discrimination against women and minorities 
remained problems.
    In May, Parliament amended the Constitution to specify that men and 
women have equal rights and that it is the duty of the State to ensure 
that this protection is put into practice. Before the amendment, the 
Constitution only stated broadly that all individuals were equal before 
the law.

    Women.--Violence against women remained a chronic problem, and 
spousal abuse was serious and widespread. The law prohibits spousal 
abuse; however, complaints of beatings, threats, economic pressure, and 
sexual violence continued. Beating in the home was one of the most 
frequent forms of violence against women. A March 2003 study by 
Istanbul Bilgi University of married or divorced women in 25 provinces 
found that 31.5 percent of the women were beaten by their husbands; 
21.5 percent were beaten by their fathers before marriage; and 41 
percent had entered into arranged marriages. While approximately 35 
percent of the group said they would file a complaint if their husbands 
beat them, a 2003 study by Hacettepe University found that 39 percent 
of women believed husbands were justified in beating their wives under 
certain circumstances. Citizens of either sex could file civil or 
criminal charges for abuse but rarely did so. Spousal abuse was 
considered an extremely private matter involving societal notions of 
family honor, and few women went to the police in practice. Police were 
reluctant to intervene in domestic disputes and frequently advised 
women to return to their husbands.
    The law provides that victims of spousal violence may apply 
directly to a judge for assistance and authorizes judges to warn 
abusive spouses and order them to stay away from the household for 6 
months. Judges may order further punishments for those who violate such 
orders. According to women's rights advocates, authorities enforced the 
law effectively, although outside of major urban areas few spouses 
sought assistance under the law.
    The law prohibits rape, including spousal rape; however, laws and 
ingrained societal notions made it difficult to prosecute sexual 
assault or rape cases. Women's rights advocates believed cases of rape 
were underreported. In September, Parliament adopted a new Penal Code 
that considers rape a crime against the individual, rather than a crime 
against society. The Code eliminates several rape-related laws that 
women's rights advocates criticized as discriminatory, including a 
measure that allowed rapists to escape punishment by marrying their 
victims and another that linked punishment for rape to the victim's 
marital status or virginity.
    Women's rights advocates reported there were eight government 
operated guest houses and three municipal shelters that provided 
services to battered women. The Social Services and Child Protection 
Institution operated 53 family centers, and a number of NGOs operated 
community centers. Bar associations in more than 30 provinces provided 
legal services for women. In July, Parliament adopted a law requiring 
municipalities with populations of over 50,000 to provide shelters for 
women and children.
    Honor killings--the killing by immediate family members of women 
suspected of being unchaste--continued in rural areas and among new 
immigrants to cities. Women's advocacy groups reported that there were 
dozens of such killings every year, mainly in conservative Kurdish 
families in the southeast or among migrants from the southeast living 
in large cities. In September, Parliament adopted a law under which 
murders committed with a motive related to ``moral killing'' are 
considered aggravated homicides, requiring a life sentence. The law is 
designed to discourage the practice of issuing reduced sentences in 
honor killing cases; however, some human rights advocates argued that 
the wording of the law is not explicit enough to prevent judges from 
viewing the honor killing tradition as a mitigating factor for 
sentencing.
    Because of sentence reductions for juvenile offenders, observers 
noted that young male relatives often were designated to perform the 
killing.
    In April, 14-year-old Nuran Halitogullari was killed by her father 
and brother in Istanbul. According to press reports, a 32-member family 
council had ordered her killing to ``clean the family honor'' after she 
was kidnapped and raped earlier in the year. Prosecutors opened a case 
against the father, whose trial continued at year's end.
    In February, 22-year-old Guldunya Toren was killed by two of her 
brothers in an Istanbul hospital. According to press reports, a family 
member raped and impregnated Toren in 2003. Toren fled Bitlis, in the 
southeast, for Istanbul, where she gave birth. Two of her brothers 
later tracked her down and shot her. She survived and was taken to a 
hospital, where her brothers shot and killed her in front of witnesses. 
Prosecutors opened a case against several family members; trial 
proceedings continued at year's end.
    Trial proceedings continued in the case of Semse Allak, who was 
killed by relatives in Mardin Province in 2003 for becoming pregnant 
out of wedlock. Trial proceedings also continued in the case of Kadriye 
Demirel, who was killed by her 16-year-old brother in Diyarbakir in 
2003 for becoming pregnant out of wedlock.
    In March, a Sanliurfa court sentenced the brother of 14-year-old 
Emine Kizilkurt to life imprisonment for murdering her in 2002 because 
a neighbor had raped her; the court sentenced 8 other family members to 
17 years in prison for approving the killing. The case was under appeal 
at year's end.
    Human rights organizations continued to report a high rate of 
suicide among girls, particularly in the southeast and east. Observers 
said forced marriages and economic problems contributed to the 
suicides.
    Prostitution was legal; however, police made numerous arrests 
involving foreigners working illegally as prostitutes.
    Women continued to face discrimination in employment to varying 
degrees and were generally underrepresented in managerial level 
positions as well as in government. Women generally received equal pay 
for equal work in professional, business, and civil service positions, 
although a large percentage of women employed in agriculture and in the 
trade, restaurant, and hotel sectors worked as unpaid family labor.
    In March, Senol Demiroz, the newly appointed director of the state-
owned TRT broadcasting company, fired 13 female employees from high-
level administrative positions and replaced them with men. Demiroz told 
a reporter that a rivalry among female employees at the company had 
made them unproductive. Women's advocacy groups and the women's 
auxiliary of the Republican People's Party said the move reflected 
Government opposition to women in leadership positions in the 
workplace.
    The Directorate General on the Status and Problems of Women, under 
the State Minister for Women's and Children's Affairs, is responsible 
for promoting equal rights and raising awareness of discrimination 
against women. In October, Parliament adopted legislation that allows 
the Directorate General to expand its limited staff.
    Independent women's groups and women's rights associations existed 
but have not significantly increased their numbers or activities, 
mostly due to funding problems. There were many women's committees 
affiliated with local bar associations. Other organizations included 
the Association for Supporting and Training Women Candidates (Ka-Der), 
Flying Broom, the Turkish Women's Union, the Association for 
Researching and Examining Women's Social Life, and the Foundation for 
the Evaluation of Women's Labor. Women continued to be very active in 
ongoing debates between secularists and more religiously oriented 
persons, particularly with respect to the right to choose whether to 
wear religious head coverings in public places, such as government 
offices and universities (see Section 2.c.).
    According to Flying Broom, there was a sharp increase during the 
year in the level of media attention to women's issues. The status of 
women at times became an issue in the context of the country's EU 
candidacy. Flying Broom prepared 26 1-hour radio programs during the 
year; the print media also covered women's issues more closely than in 
the past.

    Children.--The Government was committed to furthering children's 
welfare and worked to expand opportunities in education and health, 
including a further reduction in the infant mortality rate. The 
Minister for Women's and Children's Affairs oversaw implementation of 
official programs for children. The Children's Rights Monitoring and 
Assessment High Council focused on children's rights issues.
    Government-provided education through age 14 or the eighth grade is 
compulsory. Traditional family values in rural areas placed a greater 
emphasis on education for sons than for daughters. According to the 
Ministry of Education, 95.7 percent of girls and 100 percent of boys in 
the country attended primary school; however, a UNICEF report released 
during the year indicated that, in the rural areas of some provinces, 
over 50 percent of girls between 7 and 13 and over 60 percent of girls 
between 11 and 15 did not attend school.
    Gaps in social security and health insurance programs left 
approximately 20 percent of families and their children without 
coverage. Persons not covered by insurance may use a special program to 
access public health care. Immunization rates in some eastern and 
southeastern provinces lagged behind the rest of the country. According 
to UNICEF, the infant mortality rate dropped to 29 per 1,000 in 2003.
    Child abuse was a problem. There were a significant number of honor 
killings of girls by immediate family members, sometimes by juvenile 
male relatives (see Section 5, Women).
    In September, Parliament eliminated an article of the Penal Code 
under which a mother who killed an illegitimate child to protect family 
honor could receive a reduced sentence.
    Child labor was a problem (see Section 6.d.).

    Trafficking in Persons.--The law prohibits trafficking in persons; 
however, there were numerous confirmed cases of trafficking of women 
and children to and within the country for the purposes of sexual 
exploitation and forced labor.
    The law provides penalties for trafficking ranging from 8 to 12 
years in prison and, at judicial discretion, an additional penalty of 
up to 10,000 days (approximately 27.4 years) in prison.
    As of November, the Government reported that prosecutors opened 12 
cases against alleged traffickers. Two cases resulted in seven 
convictions; several other cases were ongoing at year's end. In 
February, a Yalova court convicted four of five defendants on 
trafficking charges and sentenced them to 50 month prison terms and 
fines of $976 (1.3 billion lira). In May, a Fethiye court convicted 
three defendants on trafficking charges and sentenced them to 58-month 
prison terms and fines of $716 (966 million lira).
    In August, September, and October, police raided villages near the 
southern city of Adana, freeing more than 20 victims from forced labor 
camps. Many of the victims were orphaned minors or infirmed elderly 
with mental and physical disabilities that prevented them from 
escaping. Police detained 11 patrons in the raids but later released 
them when the victims settled out of court for compensation. Child 
protective services returned juvenile victims to family members. 
Jandarma forces remanded elderly victims to state shelter facilities if 
family could not be located.
    In typical scenarios, victims were falsely led to believe that 
payment for agricultural work (for male victims) and sex work (for 
female victims) was forthcoming. Most victims reportedly lacked the 
capacity to understand the terms of the agreements presented to them by 
their traffickers or to seek redress when payment was continuously 
delayed.
    Ambassador Murat Ersavci of the Ministry of Foreign Affairs is the 
National Coordinator for the Government's Task Force on Human 
Trafficking, which is composed of representatives from the Ministries 
of Health, Interior, Justice, and Labor, plus the Directorate General 
for Social Services and Child Protection, the Directorate General on 
the Status and Problems of Women, and scholars from Marmara University.
    The Government participates in antitrafficking initiatives through 
the OSCE, the Southeast European Cooperative Initiative (SECI), the 
Council of Europe, the North Atlantic Treaty Organization, the 
International Center for Migration Policy Development, Interpol, 
Europol, and the Stability Pact Task Force on Trafficking in Human 
Beings. During the year, the Government expanded bilateral and 
multilateral protocols with neighboring countries and regional groups 
to include antitrafficking law enforcement agreements. The Government's 
effectiveness in assisting other countries in combating trafficking 
varied. Counterparts in source countries reported that, in many 
instances, Turkish law enforcement agencies refused to share 
intelligence, evidence, and other critical trafficking case 
information. For example, a February survey conducted through the 
National Bureau of Interpol in Ukraine of 32 local law enforcement 
officers from 8 Ukrainian cities found that nearly half of the 
Ukrainian officers polled asserted Turkish authorities did not respond 
to repeated requests for information critical to their investigations. 
In the remaining cases, local and national Turkish law enforcement 
agencies reportedly failed to reply by legal deadlines. Typical 
requests involved details about the location of brothels where victims 
were exploited, the names of traffickers and their accomplices, the 
names of Ukrainian trafficking victims awaiting repatriation from the 
country, and statements from witnesses who were either citizens or 
residents of the country.
    In May, TNP officers raided the Flash Hotel in Istanbul, arresting 
a group of traffickers and recovering evidence that led to the arrests 
of the syndicate's operators in Romania. TNP officers shared photos, 
financial records, and customer logbooks with Romanian police 
officials, who acted on the leads.
    In June, the country joined 12 other member countries from the SECI 
Regional Center for Combating Transborder Crime to conduct a sweep of 
regional sex trafficking networks. Internationally, more than 1,000 
police officers reportedly coopeated to identify 594 victims and 545 
traffickers. Teams from the country were involved in at least five of 
the arrests.
    In July, the Government assisted visiting federal police officers 
from a destination country in their efforts to investigate possible 
trafficking crimes and to obtain testimony against organizers of a 
migrant smuggling network. The visiting officers complained of rigid 
bureaucratic hurdles that hampered the speed of the investigation, but 
agreed that Turkish authorities assisted in the investigation.
    The country was a destination and transit point for human 
trafficking. Most trafficking activity within the country, including 
for forced labor, occurred in Antalya, Istanbul, Izmir, and Trabzon. 
Trafficking syndicates also used the country as a transit country to 
supply the sex trade in Central Asia, the Middle East, Africa, the 
former Yugoslavia, and Western Europe. The Government placed the number 
of trafficking victims during the year at more than 200; however, the 
Government did not have a reliable system for victim identification. 
Various NGOs operating in the country and in neighboring source 
countries estimated the number of trafficking victims to be closer to 
1,500. NGOs in Moldova reported assisting more than 105 Moldovan 
trafficking victims. While reliable data was not available, NGOs in 
Azerbaijan, Armenia, Bulgaria, Georgia, Iran, Kazakhstan, the Kyrgyz 
Republic, Macedonia, Romania, Russia, Ukraine, and Uzbekistan reported 
cases totaling well over the Government's estimate.
    Some victims reportedly arrived in the country knowing that they 
would work illegally in the sex industry; however, most arrived 
believing they would work as models, waitresses, dancers, domestic 
servants, or in other regular employment. Victims additionally reported 
the use of fraudulent documents, sham marriages, and falsified work 
contracts. Traffickers typically confiscated victims' documents and 
confined them, then raped and beat them, intimidated them by 
threatening their families, and forced them into prostitution. In May, 
police took testimony from a 17-year-old Romanian victim who described 
a common trafficking scenario. The victim reported that when she was in 
ninth grade she came in contact with traffickers who promised her a job 
with good wages in Istanbul as a baby sitter or housekeeper. In October 
2003, traffickers brought her to Istanbul by bus with other Romanian 
girls and put her up in a hotel. Her captors destroyed her passport and 
other identification documents, gave her false documents, and 
threatened to kill her if she spoke to police. She was forced to have 
intercourse with approximately 200 persons over an 8-month period.
    Foreign victims trafficked to the country were typically recruited 
by small networks of foreign nationals and Turkish citizens who relied 
on referrals and recruitment from friends and family members in the 
source country. Such groups could be as small as four or five persons. 
Trafficking networks operating as tourist agencies or service firms in 
source countries brought women to the country with official work 
permits. Most reports indicated that profits were channeled into 
expanding the network's capacity and affluence, by adding computers, 
automobiles, and amenities for traffickers.
    Networks tended to deposit proceeds in source country bank 
accounts, usually through Turkish banking system transfers. Turkish 
Jandarma and officials at the Interior Ministry maintained that 
trafficking in humans, arms, and narcotics was closely connected.
    Young women seeking employment, particularly from Moldova, Ukraine, 
Romania and Russia, were at the greatest risk of being trafficked to 
the country.
    There were allegations that police corruption at all levels 
contributed to the trafficking problem and may have been responsible 
for the delays in implementation of certain cooperative agreements, 
antitrafficking operations, and other law enforcement measures.
    During the year, the Ministry of Justice continued to investigate 
allegations of further police misconduct in Erzurum following the 2003 
conviction of police officers for trafficking.
    In Istanbul, police confiscated a notebook in which traffickers 
required victims to record customers' names and personal information. 
News media reported that the notebook included the names of police 
officers and government officials.
    In October, a shelter operated by the Municipality of Istanbul and 
the Human Resource Development Foundation, an NGO, began accepting 
victims. The facility was the first shelter for trafficking victims in 
the country; more than 20 victims received health care as well as 
psychological and legal assistance at the shelter during the year. 
While the 12-bed shelter remained filled to capacity, the Government 
continued to shelter trafficking victims in other locations on a case-
by-case basis, using police safe houses, shelters for elderly citizens 
and abused women, and hotels. Some local law enforcement officers 
reportedly found accommodation for victims at their personal expense.
    Through the Health and Justice Ministries, the Government also 
implemented programs to provide free medical and legal services to 
foreign victims who chose to remain in the country. During the year, 
the Government amended its humanitarian visa regulations to allow 
victims to remain in the country for a maximum of 6 months. During 
their stay, victims are entitled to medical and social services and are 
allowed to engage in regular work in the economy. During the year, the 
Government issued 26 such humanitarian visas. The Government did not 
have a repatriation program for victims, although authorities 
repatriated some on a case by case basis.
    There were credible reports that the Government continued its 
practice of processing trafficking cases as cases of voluntary 
prostitution and illegal migration, failing to pursue traffickers under 
available laws and summarily deporting victims, who were often 
subjected to retrafficking.
    Traffickers reportedly used a network of contacts to identify and 
intercept deported victims at the port of departure, arrival, and in 
transit.
    The Security Directorate published and distributed widely a 
comprehensive guidebook on trafficking-related issues for law 
enforcement officers. The guidebook was reportedly incorporated into 
police and Jandarma academy training seminars for new officers.
    To deter trafficking, the Government amended the law to require a 
provisional period of 3 years before a foreign applicant may obtain 
citizenship based on a marriage petition. The Ministry of Tourism 
further established and implemented a questionnaire, in various 
languages, designed to identify potential victims through the visa 
application process. The Government also reported that warnings on visa 
applications now printed in Russian direct potential victims to an 
emergency law enforcement hotline.

    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 they did 
suffer from a lack of economic opportunity. The law does not mandate 
access to buildings and public transportation for persons with 
disabilities. Persons with disabilities have some privileges, such as 
the right to purchase products of State economic enterprises at a 
discount or acquire them at no cost.
    The Administration of Disabilities Office under the Prime Ministry 
has a mandate to develop cooperation and coordination among national 
and international institutions and to conduct research into issues such 
as delivery of services to persons with disabilities. Companies with 
more than 50 employees were required to hire persons with disabilities 
as 2 percent of their employee pool, although the requirement was not 
consistently enforced.

    National/Racial/Ethnic Minorities.--The Constitution provides a 
single nationality designation for all Turks and does not recognize 
ethnic groups as national, racial, or ethnic minorities. Citizens of 
Kurdish origin constituted a large ethnic and linguistic group. 
Millions of the country's citizens identified themselves as Kurds and 
spoke Kurdish. Kurds who publicly or politically asserted their Kurdish 
identity or publicly espoused using Kurdish in the public domain risked 
censure, harassment, or prosecution.
    While there were some improvements during the year, the Government 
maintained significant restrictions on the use of Kurdish and other 
ethnic minority languages in radio and television broadcasts and in 
publications (see Section 2.a.).
    During the year, the HRF recorded fewer complaints that authorities 
prevented parents from registering their children under traditional 
Kurdish names.
    During the year, private Kurdish language instruction courses were 
opened in Istanbul and six southeastern cities (Van, Batman, Sanliurfa, 
Diyarbakir, Kiziltepe, and Adana) pursuant to legislation adopted in 
2002. According to observers, officials had delayed the courses by 
raising bureaucratic obstacles. For example, authorities in Batman 
required the school to expand classroom doorframes by 5 centimeters, 
while authorities in Sanliurfa required the school to install a fire 
escape for its two-story building, even though many taller buildings in 
the area did not have fire escapes. Kurdish rights advocates said 
students enrolling in the courses were required to provide extensive 
application documents, including police records, that were not required 
for other courses. They maintained that the requirements intimidated 
prospective applicants, who feared police were keeping records on 
students taking the courses.
    No official estimate of the Romani population existed, but the 
population may be significant in regions near Bulgaria and Greece, and 
Roma were found in many cities throughout Anatolia. Human rights 
observers said many Roma did not disclose their ethnic identity for 
fear of discrimination. The law states that ``nomadic Gypsies'' are 
among the four categories of people not admissible as immigrants.
    In February, the Hurriyet newspaper's publication of a report that 
Sabiha Gokcen--an adopted daughter of Mustafa Kemal Ataturk, who was 
the country's first female pilot--was of Armenian descent drew a number 
of racist public statements. The Turkish General Staff issued a 
statement criticizing the reports on Gokcen's Armenian ancestry as ``a 
claim that abuses national values and feelings'' while the Turkish Air 
Association called the report ``an insult'' to Gokcen and to Ataturk.

    Other Societal Abuses and Discrimination.--While the law does not 
explicitly discriminate against homosexuals, representatives of the gay 
and lesbian rights organizations Lambda Istanbul and Kaos GL claimed 
that vague references in the law relating to ``the morals of society'' 
and ``unnatural sexual behavior'' were sometimes used to punish 
homosexuality. Gay and lesbian rights activists maintained that 
homosexuals risked losing their jobs if they disclosed their sexual 
orientation and said the law did not protect their rights in such 
circumstances. In July, Kaos GL reported that unknown persons smashed 
two windows at the organization's Ankara center.
Section 6. Worker Rights
    a. The Right of Association.--The Constitution provides workers, 
except police and military personnel, the right to associate freely and 
to form representative unions, and they generally did so in practice. 
However, the Government maintained some limited restrictions on the 
right of association. Unions were required to obtain official 
permission to hold meetings or rallies and to allow government 
representatives to attend their conventions and record the proceedings; 
however, these requirements were not always enforced. Prosecutors could 
ask labor courts to order a trade union or confederation to suspend its 
activities or to go into liquidation for serious infractions based on 
alleged violation of specific legal norms; however, the Government 
could not dissolve a union summarily. Approximately 1.6 million of the 
11 to 12 million wage and salary earners were unionized. The labor 
force numbered approximately 24 million, with approximately 35 percent 
employed in agriculture.
    The law prohibits antiunion discrimination; however, such 
discrimination occurred occasionally in practice. Union representatives 
claimed that employers sometimes layed off workers because they had 
joined a union, using alleged incompetence or economic crises as a 
pretext.

    b. The Right to Organize and Bargain Collectively.--The law allows 
unions to conduct their activities without interference, and the 
Government protected this right in practice. Industrial workers and 
civil servants have the right to bargain collectively, and 
approximately 1.3 million workers, or 5.4 percent of the workforce, 
were under collective contracts. The law requires that, in order to 
become a bargaining agent, a union must represent 50 percent plus one 
of the employees at a given work site and 10 percent of all the workers 
in that particular industry. This requirement favored established 
unions, particularly those affiliated with Turk-Is, the confederation 
that represented approximately 80 percent of organized labor. In June, 
the International Confederation of Free Trade Unions reported that the 
law resulted in workers in many sectors not being covered by collective 
agreement.
    The law prohibits strikes by civil servants, public workers engaged 
in the protection of life and property, the mining and petroleum 
industries, sanitation services, national defense, and education; 
however, many workers conducted strikes in violation of these 
restrictions with general impunity. The majority of strikes during the 
year were illegal; while some illegal strikers were dismissed, in most 
cases employers did not retaliate.
    The law requires a union to take a series of steps, including 
collective bargaining and nonbinding mediation, before calling a 
strike; a union that fails to comply with these steps forfeits its 
right to strike. The law prohibits unions from engaging in secondary 
(solidarity), political, or general strikes or in work slowdowns. In 
sectors in which strikes are prohibited, labor disputes are resolved 
through binding arbitration.
    The law allows the Government to suspend strikes for 60 days on 
national security or public health and safety grounds. Unions may 
petition the Council of State to lift such a suspension. If an appeal 
fails, and the parties and mediators fail to resolve the dispute, a 
strike is subject to compulsory arbitration at the end of the 60-day 
period. During the year, the Government suspended a strike by the glass 
industry union Kristal-Is on national security grounds.
    There are no special laws or exemptions from regular labor laws in 
the country's 21 free trade and export processing zones.

    c. Prohibition of Forced or Compulsory Labor.--The Constitution and 
law prohibit forced or compulsory labor, including by children; 
however, there were reports that such practices occurred. Some parents 
forced their children to work on the streets and to beg (see Section 
6.d.).

    d. Prohibition of Child Labor and Minimum Age for Employment.--The 
law prohibits the employment of children younger than 15 and prohibits 
children under 16 from working more than 8 hours a day. At 15, children 
may engage in light work provided they remain in school. The 
Constitution provides that no person shall be required to perform work 
unsuitable for their age, gender, or capabilities, and the Government 
prohibited children from working at night or in areas such as 
underground mining. The law prohibits children attending school from 
working more than 2 hours per day or 10 hours per week.
    Child labor was widespread. The State Statistical Institute 
reported that the number of child laborers between the ages of 12 and 
17 dropped from 948,000 in 2003 to 764,000 during the year; however, 
some observers claimed that the actual number of working children was 
rising. An informal system provided work for young boys at low wages, 
for example, in auto repair shops. Girls rarely were seen working in 
public, but many were kept out of school to work in handicrafts, 
particularly in rural areas. According to the Labor Ministry, 65 
percent of child labor occurred in the agricultural sector. However, 
some observers maintained that the bulk of child labor had shifted to 
urban areas as rural families migrated to cities. Many children worked 
in areas not covered by labor laws, such as agricultural workplaces 
with fewer than 50 workers or the informal economy. According to the 
Labor Ministry, the Government allocated $15 million (20.3 trillion 
lira) for programs to eliminate child labor during the year.
    Small enterprises preferred child labor because it was cheaper and 
provided practical training for the children, who subsequently had 
preference for future employment in the enterprise. If children 
employed in these businesses were registered with a Ministry of 
National Education Training Center, they were required to go to the 
center once a week for training, and the centers were obliged by law to 
inspect their workplaces. There were 346 centers located in 81 cities; 
these centers provided apprenticeship training in 113 occupations. The 
Government identified the worst forms of child labor as children 
working in the streets, in industrial sectors where their health and 
safety were at risk, and as agricultural migrant workers. In December 
2003, the Government completed its report on the worst forms of child 
labor and identified 18 provinces where the problem was most serious.
    The Ministry of Labor effectively enforced these restrictions in 
workplaces that were covered by the labor law, which included medium 
and large-scale industrial and service sector enterprises. A number of 
sectors were not covered by the law, including small-scale agricultural 
enterprises, maritime and air transportation, family handicraft 
businesses, and small shops.
    In June and April, the Labor Ministry issued regulations on child 
employment that identified specific jobs that could threaten the 
physical or mental well-being of children.
    There were no reliable statistics for the number of children 
working on the streets nationwide. The Government operated 28 centers 
to assist such children.

    e. Acceptable Conditions of Work.--The Minimum Wage Commission, a 
tripartite government-industry-union body that reviews the minimum wage 
every 6 months, set the minimum monthly wage for the second half of the 
year at $328 (444 million lira). The minimum wage did not provide a 
decent standard of living for a worker and family; however, most 
workers earned considerably more than the minimum wage. Approximately 
one-third of the labor force was covered by the labor law and received 
fringe benefits that, according to the Turkish Employers' Association, 
accounted for approximately 63 percent of total compensation.
    The law establishes a 45-hour workweek and a weekly rest day, and 
limits overtime to 3 hours per day for up to 90 days a year. The Labor 
Inspectorate of the Ministry of Labor effectively enforced wage and 
hour provisions in the unionized industrial, service, and government 
sectors, which covered approximately 12 percent of workers.
    The law mandates occupational health and safety regulations; 
however, in practice the Government did not carry out effective 
inspection and enforcement programs. The law allows for the shutdown of 
an operation if a five-person committee, which included safety 
inspectors, employee, and employer representatives, determined that the 
operation endangered workers' lives. In practice, financial 
constraints, limited safety awareness, carelessness, and fatalistic 
attitudes resulted in scant attention to occupational safety and health 
by workers and employers alike. The law allows workers to remove 
themselves from hazardous conditions without risking loss of 
employment, and they did so in practice.

                               __________

                              TURKMENISTAN

    Turkmenistan is an authoritarian, one-party state dominated by 
President-for-life Saparmurat Niyazov who exercised power by retaining 
his monopoly on political power and on the Democratic Party, the only 
legally recognized political party in the country. Niyazov has been 
President since independence in 1991, and legally may remain in office 
until 2010. In August 2003, Niyazov was elected by the Halk Maslahaty 
(People's Council) to a life term as its Chairman, giving him a 
substantial say in the selection of any presidential successor. 
Government efforts continued to focus on fostering centralized state 
control and the glorification of the President. The 50 member 
unicameral Parliament (Mejlis) has no genuinely independent authority; 
in August 2003, the Peoples' Council replaced it as the supreme 
legislative body. The judiciary was not independent and was under the 
control of the President. The Ministry of National Security (MNB), 
formerly the Committee on National Security (KNB), had primary 
responsibility to ensure that the Government remained in power through 
tight social controls and suppressing dissent. The Ministry of Internal 
Affairs (MVD) directed the criminal police, which worked closely with 
the MNB on matters of national security. The civilian authorities 
maintained effective control of the security forces. Members of the 
security forces committed numerous human rights abuses.
    The country's economy was centrally planned under government 
control. The population was estimated at over 6 million. The estimated 
growth rate was 9.7 percent for 2003. The unemployment rate was 
estimated at 50 percent in urban areas and 70 percent in the rural 
areas. The Turkmen National Institute of Statistics estimated that 25 
percent of the workforce was in agriculture and 58 percent was in the 
public sector, including government-run farming associations. Wages 
often were not paid for months.
    The Government's human rights record remained extremely poor, and 
the Government continued to commit serious abuses. Authorities severely 
restricted political and civil liberties and citizens did not have the 
ability to change their government. Security forces killed six persons 
trying to cross the border from Iran, and there were reports that 
several prisoners died in custody due to denial of medical treatment. 
Torture and mistreatment of detainees and prisoners were serious 
problems. The denial of access to prisoners of family, legal counsel, 
the International Committee of the Red Cross (ICRC), or any other 
international observers was a serious problem. Criminal police and MNB 
impunity was a serious problem. Arbitrary arrest, incommunicado 
detention, and prolonged detention were serious problems. Denial of due 
process and fair trial was a problem. The Government held at least one 
political prisoner. The Government continued to arbitrarily interfere 
with privacy, home, and correspondence. The Government restricted 
freedom of speech and did not permit freedom of the press. The 
Government restricted freedom of assembly and association. All 
opposition political activity was banned. The Government continued to 
restrict religious freedom. During the year, freedom of movement 
improved when the Government repealed the exit visa requirement; 
however, the Government maintained a blacklist of individuals not 
permitted to travel abroad. No domestic human rights groups existed. 
Violence against women and child labor continued to be problems. 
Government discrimination against minorities was a problem. The 
Government also restricted labor rights by not permitting strikes or 
free association of employees.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Arbitrary or Unlawful Deprivation of Life.--There were no 
reports of political killings; however, during the year border guards 
shot and killed six persons who the Government claimed were illegally 
attempting to cross the border from Iran.
    During the year, there were reports that some prisoners died due to 
malnutrition and untreated illnesses as a result of authorities 
withholding food and medical care (see Section 1.c.).

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

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The Constitution prohibits such practices; however, there 
were credible reports that security officials tortured, routinely beat, 
and used excessive force against criminal suspects, prisoners, and 
individuals critical of the Government.
    In January, members of the MNB forcibly abducted and beat an 
associate of a Radio Free Europe/Radio Liberty (RFE/RL) correspondent. 
The assailants repeatedly beat the man, threatened to kill him, and 
demanded that he cease contact with foreigners. No investigation was 
opened into the incident.
    On April 30, Moscow-based Memorial Human Rights Center reported 
members of the MNB brutally beat Moscow-based RFE/RL correspondent and 
executive director of the human rights organization, Turkmen ili, 
Mukhametgeldy Berdyyew. Berdyyew suffered broken ribs, a concussion, 
partial loss of vision, and bruising. His apartment was ransacked, as 
was that of his son. The incidents took place in Moscow.
    There were credible reports that former government officials and 
others imprisoned for various alleged crimes, including those 
implicated in the November 2002 armed attack against the President, 
were singled out for harsh treatment. An international NGO reported in 
2003 that authorities drugged and tortured more than 100 of those 
arrested after the 2002 attack. According to the same NGO and other 
local sources, security officials suffocated some to the point of 
unconsciousness, beat them, and subjected them to electric shock 
torture and injections of psychotropic substances to coerce confessions 
during interrogations.
    Local sources reported that authorities detained and threatened 
relatives of those implicated in the November 2002 attack to coerce 
confessions and limit their contact with foreigners. Many of these 
relatives were placed on the ``black list'' and were prevented from 
traveling outside of the country.
    In February, retired citizen Gurbandurdy Durdykuliev was forcibly 
detained in a psychiatric hospital after requesting permission from 
authorities to conduct a peaceful demonstration against the policies of 
President Niyazov (see Section 2.a.).
    Government opponents reported that former high-level officials were 
denied proper medical treatment and suffered beatings while in 
detention. In 2003, government opponents outside of the country claimed 
that prisoners needing medical treatment were beaten on their way to 
and from the hospital. Security forces also used denial of medical 
treatment and food, verbal intimidation and placement in unsanitary 
conditions to coerce confessions.
    Members of minority religions claimed that law enforcement officers 
tortured and otherwise abused their members (see Section 2.c.). Three 
Jehovah's Witnesses remained imprisoned as conscientious objectors at 
year's end and were subject to regular beatings (see Section 5).
    There was no action taken in the following 2003 cases: The March 
detention, beating, and injuring of a person suspected of buying a 
forged passport, the July reported detention, torture, and severe 
injuring of five relatives or associates of Saparmurat Yklymov, and the 
November abduction and beating of a local correspondent by suspected 
MNB officers.
    Conditions were poor in prisons, which were unsanitary, 
overcrowded, unsafe, and posed a threat to life. Disease, particularly 
tuberculosis, was rampant. The Turkmenistan Helsinki Foundation, an 
opposition website, reported that of the 9,000 prisoners released in 
2003, many had tuberculosis and were released untested and untreated 
into the general population. Nutrition was poor and prisoners depended 
on relatives to supplement inadequate food supplies. Prisoners 
convicted for treason were unable to receive food or sundries from 
relatives.
    Some prisoners died due to the combination of overcrowding, 
untreated illnesses, and lack of adequate protection from the summer 
heat.
    Prisoners amnestied in 2003 swore an oath of allegiance to the 
``Rukhnama,'' President Niyazov's 2001 spiritual guidebook on the 
country's culture and heritage (see Section 2.c.). Prisoners who 
refused to swear this oath were beaten.
    There were three types of prisons throughout the country: 
Educational-labor colonies, correctional-labor colonies, and prisons. 
Some prisoners, usually former government officials, were sent into 
internal exile. In the correctional-labor colonies, relatives of 
prisoners reported excessive periods of isolation of prisoners in cells 
and ``chambers.'' Authorities allegedly threatened, harassed, and 
abused minority religious prisoners in an attempt to force them to 
renounce their faiths (see Section 2.c.). In Gyzylgaya prison, located 
in the Karakum Desert, prisoners were forced to work in a kaolin mine 
under hazardous and unhealthy conditions (see Section 6.c.).
    Men were held separately from women, and juveniles were held 
separately from adults. Pretrial detainees usually were held separately 
from convicted prisoners in detention centers. Prisoners held in 
connection with the November 2002 attack were reportedly held 
separately at the Ovadan Depe prison.
    Government officials refused to respond to inquiries from family 
members and diplomats about prisoners' whereabouts or physical 
conditions. Government officials also refused to allow family members, 
foreign diplomats, or international observers, including the ICRC, to 
visit detainees or prisoners associated with the November 2002 attack. 
In May, however, the President made public comments that 
representatives of the international community would be welcome to 
visit prisons in the country. The Government held preliminary 
discussions with the ICRC regarding access.

    d. Arbitrary Arrest or Detention.--The Constitution and law 
prohibit arbitrary arrest and detention; however, arbitrary arrest and 
detention were serious problems.
    The MNB's primary responsibility was ensuring the Government 
remained in power. The MNB exercised wide discretion over issues such 
as exit visas and Internet access. The MNB also worked to limit 
personal freedoms. The MVD directed the criminal police, who worked 
closely with the MNB on matters of national security. The Minister of 
the MNB did not formally supervise other ministries; however, the MNB 
exercised control over personnel changes in other ministries and 
enforced presidential decrees. Both the MNB and criminal police 
operated with impunity. The Government rarely investigated allegations 
of abuse and did not hold members of the security forces accountable 
for abuses. Corruption was widespread in the security forces.
    A warrant is not required for an arrest. The Chairman of the 
Cabinet of Ministers, a position held by the President, has sole 
authority for approving arrest warrants. Authorities could detain 
individuals for 72 hours without a formal arrest warrant, but legally 
had to issue a formal bill of indictment within 10 days of arrest to 
hold detainees longer; however, these provisions were not always 
adhered to in practice.
    Those expressing views critical of or different from those of the 
Government were arrested on charges of economic crimes against the 
state and various common crimes (see Section 2.a.).
    In February, two men were arrested for allegedly smuggling books 
into the country. They were sentenced to 5 years probation and released 
in March.
    In April and May, Dunya Yklimova Mahtimagamedova, a relative of one 
of the convicted 2002 coup plotters, was repeatedly detained by 
security forces, forcibly removed from her house, and accused of 
supporting regime opponents.
    Detainees were entitled to immediate access to an attorney once a 
bill of indictment had been issued; however, in practice they were not 
allowed prompt or regular access to legal counsel. Incommunicado 
detention was a problem. Authorities denied some prisoners visits by 
family members during the year. Families sometimes did not know the 
whereabouts of their imprisoned relatives (see Section 1.c.).
    The law characterizes any opposition to the Government as an act of 
treason. Those convicted faced life imprisonment and were ineligible 
for amnesty or reduction of sentence. By the end of 2003, approximately 
50 to 60 persons were arrested or convicted under the law.
    Representatives of minority religions claimed that law enforcement 
officers forcibly detained their members throughout the year (see 
Section 2.c.).
    The Government widely used house arrest, without due process, to 
control regime opponents and to prevent citizens from meeting with 
visiting foreign diplomats. During the year, relatives of those 
suspected in the November 2002 armed attack remained under house 
arrest.
    Some of the 100 individuals placed under house arrest in March 
2003, to prevent them from meeting with the visiting Organization for 
Security and Cooperation in Europe (OSCE) Chairman-in-Office, remained 
under house arrest, others' movement was restricted to the regions of 
their residence.
    The exact location of over 50 prisoners being held in connection 
with the November 2002 attack remained unknown at year's end. There 
were unconfirmed reports they were being held at a new secret prison 
outside of Ashgabat; there were also unconfirmed reports of abuses.
    The law provides that a person accused of a crime may be held in 
pretrial detention for no more than 2 months, which in exceptional 
cases may be extended to 1 year. In practice, authorities often 
exceeded these limits. Opposition groups and international 
organizations, such as Amnesty International (AI), claimed the 
Government held many political detainees, although the precise number 
was unknown. Several hundred relatives and associates of those 
implicated in the November 2002 attack were held without charge for 
their perceived political opinions and possible involvement in the 
attack.
    Geldy Kyarizov, who was arrested in 2002 for numerous crimes 
reportedly because of his disagreements with President Niyazov's 
policies, remained in detention at year's end. His family was able to 
visit him in detention.
    In August, the Government released a revised Criminal Procedure 
Code that could significantly alter the 1961 Soviet code, still in 
force. The proposal incorporated rights of the accused--including the 
introduction of the presumption of innocence, restraints on police 
searches, establishment of a bail mechanism, and limits on pretrial 
detention. The proposal was pending at year's end.
    In 2003, numerous former ministers and government officials were 
dismissed from their positions, sent into internal exile, and remained 
under house arrest (see Section 2.d.).

    e. Denial of Fair Public Trial.--The Constitution provides for an 
independent judiciary; however, in practice the judiciary was not 
independent. The President's power to select and dismiss judges 
subordinated the judiciary to the Presidency. The President appointed 
all judges for a term of 5 years. There was no legislative review of 
these appointments, except for the Chairman (Chief Justice) of the 
Supreme Court who was reviewed by the rubber stamp Mejlis. The 
President has the sole authority to dismiss all appointees before the 
completion of their terms.
    The court system consists of a Supreme Court, 6 provincial courts 
(including 1 for the city of Ashgabat), and, at the lowest level, 61 
district and city courts. Criminal offenses committed by members of the 
armed forces are tried in civilian courts under the authority of the 
Office of the Prosecutor General.
    The law provides for the rights of due process for defendants, 
including a public trial, access to accusatory material, the right to 
call witnesses to testify on their behalf, a defense attorney, a court-
appointed lawyer if the defendant could not afford one, and the right 
to represent oneself in court; however, in practice, authorities often 
denied these rights, and there were few independent lawyers available 
to represent defendants. At times, defendants were not allowed to 
confront or question witnesses against them. Defendants and their 
attorneys sometimes were denied access to government evidence against 
them. Frequently defendants did not enjoy a presumption of innocence. 
Even when due process rights were observed, the authority of the 
government prosecutor far exceeded that of the defense attorney, and it 
was very difficult for the defendant to receive a fair trial. Lower 
courts' decisions could be appealed, and the defendant could petition 
the President for clemency.
    Courts allegedly ignored allegations of torture that defendants 
raised in trial.
    In general, observers were not permitted access to ostensibly open 
court proceedings. In April 2003, the Government physically prevented 
foreign diplomats from attending the trial of alleged regime opponents; 
however, in May, diplomats attended the property trial of Dunya 
Yklimova Mahtimagamedova.
    There were regular reports of individuals being arrested and 
requested to pay fines for breaking specific laws; however, when asked 
to see the law, Government officials refused.
    At year's end, the Government held at least one political prisoner, 
Mukhametkuli Aimuradov.
    The Government systemically failed to enforce the law with respect 
to restitution or compensation for confiscation of private property 
(see Section 1.f.).

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The Constitution prohibits such actions; however, 
authorities frequently did not respect these prohibitions in practice. 
Laws restrict searches of private homes, though authorities violated 
these restrictions routinely during the year. There were credible 
reports that authorities forcibly searched the homes of suspected 
regime opponents, minority religious groups, and relatives of those 
suspected in the November 2002 attack. Unlike in previous years, no 
evictions occurred, but the threat persisted.
    The law does not regulate the conduct of surveillance by the state 
security apparatus, which regularly monitored the activities of 
officials, citizens, opponents and critics of the Government, foreign 
diplomats, other foreign residents, and visitors. Security officials 
used physical surveillance, telephone tapping, electronic 
eavesdropping, and the recruitment of informers. There was one 
government-controlled Internet service provider. The Government 
monitored citizens' e-mail and Internet usage and cut service for 
accounts used to visit sensitive sites. Critics of the Government, and 
many other persons, reported that their surface mail was intercepted 
before delivery. Mail taken to the post office had to remain unsealed 
for inspection.
    There was evidence that the Government monitored citizens' e-mails.
    The Government engaged in forcible resettlement and stated its 
intention to do so on a broad scale. In April, families of dismissed 
Government officials lost their homes and were relocated to the 
Dashoguz Velayat. The 2003 decree for resettlement of residents in 
Dashoguz, Lebap, and Ahal Velayats to the northwest part of the country 
was partially implemented (see Section 5).
    Unlike in the previous year, authorities did not dismiss children 
from school or remove adults from their jobs due to the political 
activities of relatives. Those who left school or lost jobs in the 
previous year were not able to return to their education or positions.
    During the year, the Government continued to demolish large numbers 
of private homes to make way for new construction in Ashgabat, 
including those to which residents had valid legal title, as part of an 
urban renewal program. Affected areas in the Ashgabat suburbs included 
Archabil, Bagir village, and Keshi. In some of the worst cases, the 
Government required evicted families to pay for removal of the rubble 
of their destroyed homes, reportedly gave persons as little as 12 hours 
to collect their belongings and vacate, and did not provide homeowners 
with alternate accommodations or compensation. Others were given 2 
weeks notice to vacate and offered apartments or plots of land in 
compensation; however, such plots were often undeveloped and/or 
nonirrigated, resulting in the loss of livelihood for many. The 
Government justified the demolitions in some cases by asserting 
previous authorities gave land away illegally; therefore, those plots 
had to be returned to the state. In July, demolitions in the Ashgabat 
suburbs resulted in newly homeless individuals taking refuge in 
abandoned schools and prisons. The evictions also resulted in isolated 
public protests (see Section 2.b.) and the April 22 shooting in 
Rukhabat Etrap of local mayor Amansoltan Mahmedova by an evicted man.
    A 2001 presidential decree prohibits foreigners or stateless 
persons from marrying citizens without meeting several requirements. 
The noncitizen must have been a resident of the country for a year, own 
a home, be at least 18 years of age, and must post a ``divorce bond'' 
of $50,000 (1.1 billion TMM) with the Government. There were no reports 
of such marriages in the country under the law; however, there were 
reports that some individuals married abroad to bypass the law. The 
requirements were purportedly instituted to protect citizen spouses and 
children.
    In a pattern of harassment of the relatives of Saparmurat Yklymov, 
who was convicted as one of the primary plotters of the November 2002 
attack, law enforcement officers reportedly forcibly evicted Edzhebay 
Yklymov, his 75-year-old wheelchair-bound mother, who passed away in 
August, and several children in November 2002 and again on March 27. In 
August, his sister and two of her children were granted refugee status 
in Sweden.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The Constitution provides for 
freedom of speech and of the press; however, in practice, the 
Government restricted freedom of speech and did not permit freedom of 
the press. Persons expressing views critical of or different from those 
of the Government were arrested on false charges of committing common 
crimes. Criticism of the Government could also lead to personal 
depravation and abuse, including loss of opportunities for advancement 
and employment, and harassment.
    In February, retired citizen Gurbandurdy Durdykuliev was forcibly 
detained in a psychiatric hospital after requesting permission from 
authorities to conduct a peaceful demonstration against President 
Niyazov's policies (see Section 1.c.). Durdykuliev remained 
incarcerated at year's end.
    In the spring, the OSCE Representative on Freedom of the Media 
criticized the country's ``absolute lack of any freedom of 
expression.'' The President, in response, was critical of the OSCE and 
its interference and supposed misrepresentation of the situation in the 
country. In July, the Government expelled the OSCE Ambassador by not 
renewing her mandate, although the OSCE maintained its mission in the 
country.
    The Government funded almost all print media. The Government 
censored newspapers; approval from the Office of the President's Press 
Secretary was required for prepublication galleys. There were 22 
newspapers published in Turkmen and only 1 official newspaper in 
Russian; the only major daily newspaper was printed in Turkmen and 
Russian. The major stories were identical in both papers while 
advertising and some content varied. Foreign newspapers, including 
Russian-language publications, from abroad were banned. To regulate 
domestic printing and copying activities, the Government required all 
publishing houses and printing and copying establishments to obtain 
registration licenses for their equipment. The Government required the 
registration of all photocopiers and mandated that a single individual 
be responsible for all photocopying activity.
    All publishing companies were government-owned, and works by 
authors of fiction who wrote on topics that were out of favor with the 
Government were not published. The government controlled Union of 
Writers expelled members who criticized government policy, and 
libraries removed their works.
    On August 19, the President dismantled the Ministry of Culture and 
Information to create a new Ministry of Culture and Television to 
promote the Government's cultural agenda, and a Radio Broadcasting and 
National State Press service, to supervise print media bodies. 
Observers feared the changes would allow more intense Government 
control of the media.
    In February, two men were arrested for allegedly smuggling books 
into the country. They were sentenced to 5 years' probation.
    The Government completely controlled radio and local television. 
There were four Turkmen TV stations, but satellite channels were 
prevalent. Owners of satellite dishes had access to foreign television 
programming, and use of satellite dishes was widespread.
    In July, the Government shut down the only Russian language news 
and radio service available and the country's main source of credible 
international information, Radio Mayak (Russian-owned), citing 
technical difficulties. A Turkmen language station quickly replaced 
Radio Mayak.
    The Government required all foreign correspondents to apply for 
accreditation.
    During the year, journalists were subject to arrest, harassment, 
intimidation, and violence, reportedly by government agents.
    In January, members of the MNB forcibly abducted and beat an 
associate of a Radio Free Europe/Radio Liberty (RFE/RL) correspondent. 
The assailants repeatedly beat the man, threatened to kill him and 
demanded he cease contact with foreigners.
    Journalists associated with RFE/RL were arrested. On February 28, 
78-year-old Rakhim Esenov was arrested and charged with instigating 
social, ethnic, and religious hatred. On March 1, Ashyrguly Bayryev was 
arrested for smuggling novels into the country. He had previously been 
warned by authorities to end his relationship with RFE/RL. Former film 
director Khalmurad Gylychdurdyev was also detained and questioned about 
his work with the Radio. RFE/RL correspondents have been subject to 
arbitrary arrest and abuse in the past, including the 2003 abduction 
and torture of Saparmurat Ovezberdyev. In July, Ovezberdyev was 
released; he requested asylum overseas and was permitted to leave.
    On April 30, Moscow-based Memorial Human Rights Center reported 
Radio Liberty correspondent Mukhametgeldy Berdyyew was brutally beaten 
by the MNB after he filed a lawsuit against President Niyazov, charging 
that the President had plagiarized large segments of the Rukhnama. His 
apartment was ransacked, as was that of his son. The incidents took 
place in Moscow.
    In June, the MNB detained a local correspondent for 3 days and 
demanded he sign a confession stating that he was passing government 
secrets to foreign powers.
    The Government prohibited the media from reporting the views of 
opposition political leaders and critics, and it did not allow 
criticism of the President. Domestic journalists and correspondents for 
foreign news services engaged in self censorship due to fear of 
government reprisal.
    The government-dictated focus of the media on the achievements of 
President Niyazov and his love of his people continued during the year 
and amplified his cult of personality. Criticism of officials was only 
permitted if directed at those who had fallen out of favor with the 
President, and public criticism of officials was done almost 
exclusively by the President.
    On numerous occasions early in the year, the Government warned its 
critics and foreign diplomats against speaking with visiting 
journalists or other foreigners wishing to discuss human rights 
problems.
    Intellectuals and artists reported that security officials 
instructed them to praise the President in their work and warned them 
not to participate in receptions hosted by foreign diplomatic missions. 
The Ministry of Culture's approval was required before plays opened to 
the public, ensuring against antigovernment or antipresidential 
content. Though classical music was still taught and performed 
throughout the country there was little or no government support for 
non Turkmen music.
    While Internet access was available, government-owned Turkmen 
Telecom was the sole Internet provider. Internet access was 
prohibitively expensive for most citizens and service was poor. The 
Government worked with NATO's Silk Highway Project to introduce 
Internet services to a limited number of universities and allowed the 
Internet Access and Training Program (IATP) to operate throughout the 
country. In June, the Turkmen Telecom began blocking customers' access 
to RFE/RL's Turkmen Service website (www.azatradio.org); access was not 
restored by year's end.
    During the year, the Government increased its already significant 
restrictions on academic freedom. It did not tolerate criticism of 
government policy or the President in academic circles, and it 
discouraged research into areas it considered politically sensitive, 
such as comparative law, history, or ethnic relations. No master's 
degrees or doctorates have been granted in the country since 1998. 
Government permission is required to study abroad and receive 
acceptance of foreign degrees earned. Since 2000, universities have 
reduced the period of classroom instruction from 4 years to 2 years in 
accordance with President Niyazov's declaration that higher education 
should consist of 2 years of classroom education and 2 years of 
vocational training. Governmental restrictions on instruction in non-
Turkmen languages, limited availability of Turkmen language textbooks, 
and ongoing downsizing of secondary schools contributed to the 
declining quality of education.
    In February, the President criticized correspondence courses and 
foreign diplomas, called for cleanliness and ethics in education, and 
announced plans to release a book of ethics for curricula in higher 
education.
    Since September 2002, each child was required to bring to school a 
personal copy of the Rukhnama. Teachers were discouraged from bringing 
alternative viewpoints into the classroom. The works of several 
writers, poets, and historians were placed on a blacklist and withdrawn 
from public schools and libraries because their portrayal of Turkmen 
history differed from that of the Government. In September, a Rukhnama 
Volume II was published and teachers reported having to set aside more 
time examining the Rukhnama rather than traditional academic subjects.

    b. Freedom of Peaceful Assembly and Association.--The Constitution 
provides for freedom of assembly; however, the Government restricted 
this right in practice. Permits were required for public meetings and 
demonstrations; however, authorities did not grant them. Nonregistered 
organizations, particularly those perceived to have political agendas, 
were not allowed to hold demonstrations.
    In June, approximately 50 women assembled outside the local U.N. 
building in Ashgabat to request U.N. support against planned house 
demolitions. The MVD detained the women at the local Hakim's (Mayor) 
office; however, with the acting U.N. Head of Mission in attendance, 
the women were allowed to present their grievances to the Hakim and 
then were released.
    In April, residents of Archabil, a suburb of Ashgabat, gathered at 
their local administrative office and blocked roads leading up to it to 
protest continued house demolitions. Authorities used troops to break 
up the demonstration. Ten or more people, including women, were 
arrested (see Section 1.f.).
    It was unclear whether students from Turkmen State University, who 
were incarcerated for distributing leaflets criticizing the Government 
in 2002, remained in detention at year's end.
    The Constitution provides for freedom of association; however, the 
Government restricted this right in practice. A 2003 law on public 
associations and NGO registration requires that all nongovernmental 
organizations (NGOs) register with the Ministry of Justice, 
criminalizes the operation of unregistered groups, and restricts the 
ability of foreign donors to provide grants and assistance to civil 
society groups by requiring that all foreign assistance be registered 
with the State Agency for Investment, Ministry of Justice, and 
coordinated through the Ministry of Foreign Affairs.
    In July, the Government told diplomats that 89 domestic NGO groups 
and public associations had registered under restrictive rules adopted 
in 2003; however, Government representatives asserted that most groups 
were unable to operate due to lack of funding. Of the registered NGOs, 
only a handful were independent. While some groups reported good 
cooperation with the MOJ in the registration process, other NGOs 
reported difficulties registering with the Government, such as 
applications frequently being returned for technical difficulties or 
application materials not being released for first-time applicants. 
Despite the threat of criminal penalties, some NGOs found alternative 
ways to carry out activities, such as registering as businesses or 
subsidiaries of other, registered groups. Others considered themselves 
temporarily closed. At year's end, criminal penalties had been lifted.
    No political groups critical of government policy were able to meet 
the requirements for registration. The only registered political party 
was the Democratic Party, the former Turkmen Communist Party. The 
Government did not prohibit membership in political organizations; 
however, in practice those who claimed membership in political 
organizations other than the Democratic Party of Turkmenistan were 
harassed.
    Authorities have fired or threatened to fire supporters of 
opposition movements, removed them from professional societies, and 
threatened them with the loss of their homes. In addition, some 
citizens with links to foreigners were subject to official 
intimidation.

    c. Freedom of Religion.--The Constitution and the Law on Freedom of 
Conscience and Religious Organizations provide for freedom of religion; 
however, in practice the Government restricted these rights. There is 
no state religion, but the majority of the population is Sunni Muslim. 
The Government has incorporated some aspects of Islamic tradition into 
its efforts to redefine a national identity; however, the Government 
placed some restrictions on Muslims. In practice, the Government 
closely controlled and monitored all religious activities.
    Some members of minority religions claimed that law enforcement 
officers tortured and abused their members. In particular, there was a 
credible report that five Jehovah's Witness conscientious objectors 
detained at the Seidi Labor Camp Prison were beaten by authorities and 
ordered to renounce their faith; however, in June, the Government 
released seven Jehovah's Witnesses from detention. During the year, 
reports of harassment declined significantly; however, Jehovah's 
Witnesses continued to experience sexual harassment, detention, 
interrogations, evictions, and pressure to abandon their beliefs. Some 
were forced to pay fines.
    On September 5, Jehovah's Witnesses Gulkamar Dzhumayeva and 
Gulsherin Babkuliyeva were arrested while holding a private discussion 
with fellow citizens. Police officials hit Babkuliyeva on the head, 
sexually harassed her, and threatened to rape her. The women were held 
overnight without contact with their families and eventually released.
    On November 12, Bilbil Kulyyeva was forcibly evicted from a hostel 
based on her religious affiliation with the Witnesses.
    On January 14, President Niyazov signed a decree that further 
strengthened a 2003 law on religious organizations that provided a 
legal basis for the Government's systematic harassment of religious 
minority groups. The law required that all religious organizations 
register, criminalized activities of unregistered religious 
organizations, and further restricted religious education. The legal 
system provided no safeguards to remedy violation of religious freedom 
or persecution by private actors. New rules set out in the decree 
included increased registration fees, the lifting of the requirement 
for the MOJ to publish a list of registered religious organizations, 
and the requirement that registration be completed in the Turkmen 
language.
    In March, the Government published amendments to the religion law, 
scaling back the number of members required for registration from 500 
to 5, and pledged to register all religious groups and adhere to 
international norms regarding the treatment of religious minorities. On 
May 13, President Niyazov signed two decrees removing criminal 
penalties and financial and reporting requirements from the law on 
religious organizations. In June, as a result of these legal changes, 
the Government registered the Sunni Muslims and Russian Orthodox Church 
as well as four minority religious groups: The Seventh Day Adventists, 
Baha'i, Baptists, and the Hare Krishnas.
    Minority groups reported that harassment lessened since these 
changes in the law, and that the MOJ cooperated with some unregistered 
groups to provide assistance in the registration process. However, the 
registration process remained burdensome and subject to delays, and the 
Government continued to harass some registered and nonregistered 
religions during the year.
    Nonregistered religious congregations were present in the country, 
such as Jehovah's Witnesses, Pentecostals, a separate group of 
Baptists, and Evangelical Christian groups among others; however, the 
Government restricted their activities. Nonregistered groups were 
officially prohibited from conducting religious activities.
    Religious minorities such as the Jehovah's Witnesses were still 
actively discouraged and pressured to give up their beliefs. On March 
10, Aleksandr Zorin, a Witness, was called to the Council for Religious 
Affairs (CRA) and pressured to abandon his faith or lose his job. He 
was dismissed from his work the following day.
    Many groups, including registered religious groups, were unable to 
establish places of worship. During the year, authorities demolished a 
number of privately-operated mosques and refused to allow two Hare 
Krishna temples, a Seventh-Day Adventist church, and Christian 
denomination churches that had been either demolished or confiscated to 
be either rebuilt or returned.
    The Government controlled the establishment of Muslim places of 
worship and limited access to Islamic education. In March, President 
Niyazov announced no more mosques would be built in the country. The 
government-supported Council on Religious Affairs (CRA) was part of the 
government bureaucracy and appeared to exercise direct control over the 
hiring, promotion, firing, and in some cases compensation, of both 
Sunni Muslim and Russian Orthodox clergy, although the Law on Religion 
does not include this role among the CRA's duties.
    Some Muslim groups felt demolitions were conducted under the guise 
of preventing religious extremism, and to control religious teaching. 
In March, the Government closed three mosques, replaced the Imams with 
state appointees, and placed one Imam under house arrest for 
unspecified charges.
    Also in March, Turkmenistan's respected former Chief Mufti was 
secretly tried and sentenced to 22 years in prison for his alleged role 
in the November 2002 attack and his failure to promote the Rukhnama.
    Ethnic Turkmen who converted to Christianity were subjected to 
official harassment and mistreatment.
    Foreign missionary activity is prohibited, although both Christian 
and Muslim missionaries were present in the country.
    The Government attempted to restrict the freedom of parents to 
raise their children in accordance with their religious beliefs. There 
was no official religious instruction in public schools; however, 
students were required to study the Rukhnama at all public schools and 
institutes of higher learning. Extracurricular religious education was 
allowed only with CRA and presidential permission.
    Only one institution of Islamic education remained open and the 
Government controlled the curriculum. All annual classes of religious 
students were limited to between 15 to 20 students a year.
    Government supported mosques were required to keep copies of the 
Rukhnama. The President attempted to use these teachings in part to 
supersede other established religious codes, as well as historical and 
cultural texts, and thereby shape citizens' religious and cultural 
behavior. In November 2003, the MNB closed down a mosque that failed to 
place the Rukhnama on the same stand with the Koran for Friday prayer.
    Religious literature is no longer published in the country. In 
August, members of two minority religious groups reported their members 
were questioned by police and had literature and other material 
confiscated. The material for one group was later returned. In 
December, a similar incident occurred when a member of a religious 
minority returned from overseas travel. The Government confiscated 
religious literature and materials, including Bibles.
    Ethnic Turkmen members of unregistered religious groups accused of 
disseminating religious material received harsher treatment than 
members of other ethnic groups, particularly if they received financial 
support from foreign sources.
    In January, the Government formally lifted an exit visa 
requirement; there were no reports of members of religious groups not 
being permitted to leave the country (see Section 2.d.).
    During the year, the Government controlled the number of persons 
allowed to participate in the annual Muslim pilgrimage to Mecca (the 
Hajj), specifying that only 187 pilgrims would be allowed to journey to 
Mecca, out of the country's quota of 4,600 persons.
    During the year, seven Jehovah's Witnesses were released from 
prison, where they were being held as conscientious objectors. The 
prisoners reported they were under constant pressure to renounce their 
faith and received harsher treatment. Three Jehovah's Witnesses 
remained imprisoned as conscientious objectors 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 does not provide for 
full freedom of movement; although the Government took steps to ease 
restrictions on freedom of movement, restrictions remained.
    Citizens still carried internal passports, which were used 
primarily as a form of identification, rather than as a means of 
controlling movement. The Government maintained restrictions on travel 
to border cities and regions and maintained large parts of the country 
as restricted zones. Residence permits were not required, although the 
place of residence was registered and noted in passports. The 
Government confiscated the passports of political opponents to enforce 
internal exile during the year.
    In January, the Government eliminated the exit visa requirement, 
following international pressure from the diplomatic corps, the OSCE, 
and the U.N. The elimination of the exit visa regime allowed the 
majority of citizens to travel abroad; however, the Government 
maintained a ``black list'' of those not allowed to travel. Some 
members of minority religious groups, regime opponents, relatives of 
those implicated in the November 2002, and those suspected of having 
``state secrets'' were not permitted to leave the country.
    The Government refused to allow some students selected for study 
abroad and exchange programs to participate in the programs.
    Since 2002, there have been restrictions on citizens traveling to 
Iran and Uzbekistan, purportedly out of concern of narcotics 
trafficking and other smuggling. The Government charged a $6.00 
(132,000 TMM) fee for travel and required individuals to register their 
travel, indicating the reason and duration of the trip and whom they 
intended to visit.
    The law permitted forced exile, and some individuals remained in 
forced exile; however the Government did not use forced and internal 
exile as punishment during the year. Numerous former ministers and 
government officials were dismissed from their positions, sent into 
internal exile, and remained under house arrest. The President proposed 
that the officials, who were sometimes accompanied by their families, 
could work off their sentences in exile. Almost all prominent political 
opponents of the Government chose to move to other countries for 
reasons of personal safety; none returned during the year.
    Sazak Begmedov, who was forced to leave Ashgabat in late 2003 after 
his daughter founded the Turkmenistan Helsinki Foundation in Bulgaria, 
remained in internal exile at year's end.
    Maral Yklymova, the daughter of one of the accused organizers of 
the November 2002, remained in Mary where she was regularly watched by 
Turkmen security officials and periodically had her passport 
confiscated. Although granted political asylum by Sweden, the 
Government has so far chosen to ignore the decision.
    There were reports that authorities harassed ethnic Russians and 
confiscated their property to hasten their migration after the 
imposition of the 2003 Citizenship Law.
    The Government discouraged emigration of ethnic Turkmen living in 
Iran, Iraq, Turkey and other countries and emigration of non-Turkmen 
from the former Soviet Union.
    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; however, the 
Government deported some ethnic Uzbek refugees to Uzbekistan in 2003. 
The Government granted refugee or asylum status to some ethnic Turkmen 
from Afghanistan. The Government also allowed some Tajik refugees and 
migrants to reside in the country. 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.
    Since the beginning of international military operations in 
Afghanistan, the Government has agreed to increase its cooperation with 
the UNHCR, the International Organization for Migration (IOM), and 
other international refugee and relief agencies to assist refugees from 
Afghanistan. The Government also played an important role in 
facilitating the flow of humanitarian assistance to refugees who 
remained in Afghanistan.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change their Government
    Citizens could not freely choose and change the laws and officials 
that govern them. The Constitution declares the country to be a secular 
democracy in the form of a presidential republic. It calls for the 
separation of powers among the various branches of Government, but 
vests a disproportionate share of power in the presidency. In practice, 
the President's power over the state was absolute; despite the 
appearance of decision-making by consensus, most decisions were made at 
the presidential level.
    There are two parliamentary bodies, a 50-member Parliament (Mejlis) 
and a People's Council (Halk Maslahaty) made up of 2,500 delegates. 
Parliament supported all presidential decrees. In 2003, a new law 
reduced the powers of the Parliament, making the People's Council the 
supreme legislative body and the President Chairman of the Council for 
life.
    Parliamentary elections took place December 19. All candidates were 
members of the Democratic Party and were cleared by the authorities. 
Many citizens in contact with foreign diplomats had very little 
knowledge about the elections, including both the date and candidates' 
biographies. Foreign observers were not invited to monitor the 
elections. The Government reported a 76.8 percent turnout.
    Elections for the People's Council and local council 
representatives took place in April 2003. Polling stations visited by 
foreign diplomats were nearly deserted, but the Government claimed that 
99.8 percent of eligible voters participated. All candidates were 
members of the Democratic Party. Some voters reported that at the end 
of the election-day election workers went door-to-door asking people to 
vote and asked some to vote for other family members and neighbors. The 
People's Council, which included tribal elders, members of the Mejlis, 
and other state officials, fully supplanted the Mejlis in authority. It 
has the power to dissolve the Mejlis and was the primary forum where 
President Niyazov proposed and received immediate approval for his new 
laws.
    A constitutional amendment gives President Niyazov the position as 
Chairman for life of the People's Council, giving him substantial 
authority to approve any potential successor.
    A 1994 national referendum, which was neither free nor fair, 
extended the President's term to 2002, eliminating the need for the 
scheduled presidential election in 1997. A 1999 law allowed an 
exception to the constitutionally mandated maximum of two 5 year terms 
for President Niyazov, effectively conferring on him a lifetime term in 
office; the exception only applies to Niyazov, an honor as the 
country's first president. According to this arrangement, Niyazov 
effectively makes the laws and determines candidates for elections.
    All political parties, other than the President's Democratic Party, 
are banned. The policy of the Democratic Party, according to its 
leadership, was to implement the policy of the President. Citizens 
swear a national oath of personal allegiance to President Niyazov in 
particular, rather than just to the presidency as a general 
institution.
    There were 8 women in the 50-member Mejlis. Women were also 
represented in the 2,500-delegate People's Council. Women served in a 
few government positions, including Deputy Chair of the Mejlis, Acting 
Chairman of the Central Bank, Prosecutor General, Ambassador to the 
U.N., and a provincial governor (Hakim). Women often occupied the 
position of Deputy Hakim.
    Preference was given to ethnic Turkmen in appointed positions in 
the Government but ethnic minorities occupied several high governmental 
positions. There was 1 ethnic Russian in the 50-seat Mejlis. Ethnic 
minorities were also represented in the 2,500-delegate People's 
Council. The largest tribe, the President's Teke tribe, held the most 
prominent roles in cultural and political life.
    On July 12, the President acknowledged the existence of bribery and 
nepotism in university admissions. The President regularly fires 
administration officials for bribery.
    There is no law that allows access to government information. There 
was a state website, although not all information is available and most 
individuals do not have access to the Internet.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    There were no domestic human rights monitoring groups, and 
government restrictions on freedom of speech, press, and association 
severely restricted the ability of international organizations to 
investigate and criticize publicly the Government's human rights 
policies. With the exception of questions regarding religious freedom, 
officials were neither cooperative nor responsive to questions 
regarding alleged human rights abuses. During the year, diplomats 
engaged in dialogue with the Government on a number of religious 
freedom cases. In one case, confiscated literature was returned and 
local authorities apologized. Several independent journalists based in 
Russia reported on human rights in the Russian press and had contact 
with international human rights organizations. On numerous occasions 
early in the year, the Government warned its critics against speaking 
with visiting journalists or other foreigners wishing to discuss human 
rights problems.
    During the year, the Government declined to renew accreditation of 
the OSCE country director, accusing her of focusing on negative 
information.
    During the year, the Government maintained pressure on nonpolitical 
social and cultural organizations. This included detention and routine 
summoning for questioning at security services. The Government 
monitored visits by embassy officers to NGOs and warned NGO leaders to 
limit contact with foreigners.
    On April 29, members of the MNB beat Moscow-based RFE/RL 
correspondent and executive director of the human rights organization, 
Turkmen ili, Mukhametgeldy Berdyyew, and ransacked his apartment (see 
Section 1.c. and 2.a.).
    There were no international human rights NGOs with an ongoing 
permanent presence in the country; however, the Government permitted 
visits by international organizations, including the OSCE, UNHCHR, and 
the ICRC, and international human rights groups monitored the situation 
during the year. The OSCE maintained a mission in the capital of 
Ashgabat, although the OSCE ambassador was forced to leave during the 
year.
    The Human Rights Institute, nominally headed by President Niyazov, 
oversaw the work of law enforcement agencies, the military and the 
judiciary, but it appeared to have little real authority. The National 
Institute for Democracy and Human Rights (IDHR) continued to receive 
complaints during the year. The Institute's mandate was to support the 
democratization of the Government and society and to monitor the 
protection of human rights. The Institute maintained four full time 
staff members to receive and resolve citizen complaints of arbitrary 
action. In principle, the Institute reviewed complaints and returned 
its findings to the individual and the organizations involved; however, 
the Institute was not an independent body, and its ability to obtain 
redress was limited.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The Constitution provides for equal rights and freedoms for all, 
independent of nationality, origin, language, and gender; however, 
violence against women and discrimination against ethnic minorities 
were problems.

    Women.--Domestic violence is prohibited by law; however, laws were 
not effectively enforced. Anecdotal reports indicated that domestic 
violence against women was common. The problem was not usually 
discussed in society, and it is assumed that the majority of victims of 
domestic violence kept silent, either because they were unaware of 
their rights or afraid of increased violence from their husbands and 
relatives. There were a few court cases and occasional references to 
domestic violence in the media. One official women's group in Ashgabat 
and several informal groups in other regions assisted victims of 
domestic violence.
    The law states that rape, including spousal rape, is illegal. 
Penalties were between 3 to 25 years based on the violence associated 
with the rape and if the attacker is a repeat offender, and the 
Government generally enforced it effectively against civilians; 
however, persons held for religious offenses stated that authorities 
threatened to rape female family members if they continued their 
activities.
    Prostitution is illegal; however, authorities did not enforce the 
law effectively and it was a growing problem, particularly in Ashgabat.
    There was no law specifically prohibiting sexual harassment, and 
there were anecdotal reports from local employees that sexual 
harassment existed in the workforce.
    Women were underrepresented in the upper levels of government-owned 
economic enterprises and were concentrated in health care, education, 
and service professions. In April, President Niyazov ordered the firing 
of 15,000 government health workers, the majority of whom were women, 
because of budget cuts. Women were restricted from working in some 
dangerous and environmentally unsafe jobs.
    The law provided women the same inheritance and marriage rights as 
men, and this was generally respected in practice.
    Some NGOs worked on women's issues. The Government did not 
acknowledge that women suffered discrimination and therefore had no 
specific program for rectifying their disadvantaged position in 
society.

    Children.--The Government's social umbrella covered the welfare 
needs of children; however, the Government did not take effective steps 
and did not have adequate resources to fully address the needs of 
children.
    The Government provides 9 years of basic education. Girls and boys 
had equal access to education. Primary and secondary education was free 
and compulsory; however, class sizes continued to increase rapidly, 
facilities deteriorated, and funds for textbooks and supplies 
decreased. The Government stated approximately 95 percent of children 
between the ages of 7 and 16 attended school on a regular basis; 
however, a 2003 U.N. Development Program report listed school 
attendance at 81 percent. Girls comprised an estimated 49.1 percent of 
the student population. The amount of classroom time dedicated to 
learning the Rukhnama increased during the year, negatively affecting 
the overall quality of education. In September, Rukhnama II was 
introduced into the school curriculum, further reducing the time 
allotted to a traditional curriculum.
    A 2000 presidential decree continued to reduce the number of 
teachers, which exacerbated the problems of already crowded classrooms 
and overworked teachers and further reduced the quality of education in 
the country.
    During the year, the Government continued to downsize secondary 
schools, and limit courses taught in non-Turkmen languages, further 
degenerating the secondary school system and educational opportunities.
    Poverty and healthcare problems led to a high rate of infant 
mortality. The Government invested in state of the art medical 
equipment and facilities; however, it did not invest in the training or 
budgeting of doctors or other medical personnel. From February to July, 
the Government dismissed approximately 15,000 nurses, replacing them 
with military conscripts untrained in administering medical treatment. 
There were a few reports of abuse of children, although there was no 
societal pattern of such abuse.
    Child labor was a problem (see Section 6.d.).

    Trafficking in Persons.--The law does not prohibit trafficking in 
persons; however, there were no verifiable reports that persons were 
trafficked to, from, or within the country.
    The Penal Code prohibits prostitution, which is punishable by 2 
years' imprisonment or hard labor. The penalty for involvement of a 
minor in prostitution or using force, threat, or blackmail to involve 
someone in prostitution is 3 to 8 years' imprisonment. The penalty for 
procuring persons for prostitution is 3 to 8 years' imprisonment with 
the possibility of confiscation of property.
    There were unconfirmed and anecdotal reports of women from the 
country traveling to Turkey, the United Arab Emirates, and other 
countries to work as prostitutes, some of whom may have been 
trafficked. There were no reports of trafficking within the country. 
NGOs noted that the problem is of concern in rural areas where economic 
opportunities are extremely limited.
    The Ministry of Justice worked with foreign missions and with 
international organizations to establish public awareness of 
trafficking issues by participating in conferences and registering NGO 
groups that address the needs and vulnerabilities of potential victims. 
The Government also cooperated with foreign governments and 
international organizations to strengthen its borders, which may help 
prevent trafficking.

    Persons With Disabilities.--There was some discrimination against 
persons with disabilities in employment, education, access to health 
care, and the provisions of other state services. The Government 
provided subsidies and pensions for persons with disabilities, although 
they were inadequate to maintain a decent standard of living. Care for 
persons with disabilities was provided at the local level. Children 
with disabilities, including those with mental disabilities, were 
placed in boarding schools. They were provided with educational and 
future employment opportunities if their condition allowed them to 
work; in practice neither was provided.
    Legislation requires that new construction projects include 
facilities to allow access by persons with disabilities; however, 
compliance was inconsistent, and older buildings were not accessible.
    Although some societal discrimination existed, many citizens 
engaged in activities to assist persons with disabilities, including 
Special Olympics and Paralympics groups.

    National/Racial/Ethnic Minorities.--The Constitution provides for 
equal rights and freedoms for all citizens. Approximately 77 percent of 
the population was Turkmen; Uzbeks comprised 9 percent; and Russians 7 
percent. There were smaller numbers of Kazakhs, Armenians, Azeris, and 
many other ethnic groups. Turkmen themselves are divided into five main 
tribes, the Teke, the Yomut, the Ersary, the Yasyr, and the Goklen. On 
March 11, President Niyazov signed a decree rescinding the previous 
numerical requirements for minority group registration; however, no 
minority groups had registered as result by year's end.
    The 2003 decree for resettlement of residents in Dashoguz, Lebap, 
and Ahal Velayats to the northwest part of the country was partially 
implemented. Observers suggested the resettlement plan principally 
affected ethnic Uzbeks.
    The Constitution designates Turkmen as the official language. It 
was a mandatory subject in school, although it was not necessarily the 
language of instruction. The Government closed most remaining Russian-
language schools and continued to reduce classes taught in Russian to 
encourage use of the Turkmen language.
    The Constitution also provides for the rights of speakers of other 
languages to use such languages. While Russian remained common in 
commerce and everyday life, the Government intensified its campaign to 
conduct official business solely in Turkmen. The Government reportedly 
gave ethnic minority employees at ministries deadlines to learn 
Turkmen, and dismissed some government employees for failure to learn 
the language. During the year, the Government required employees of 
ministries to pass tests demonstrating knowledge of the Rukhnama and 
dismissed those who failed.
    Non-Turkmen complained that some avenues for promotion and job 
advancement were no longer open to them and only a handful of non-
Turkmen occupied high-level jobs in the ministries. Non Turkmen were 
often the first targeted for dismissal when layoffs occurred. There was 
societal discrimination against ethnic minorities, specifically 
Russians.
Section 6. Worker Rights
    a. The Right of Association.--The Constitution provides for the 
right to form or join unions; however, in practice the Government does 
not permit independent unions. Under the Center for Professional Unions 
of Turkmenistan, led by a presidential appointee, there were numerous 
professional unions in most fields, including medical, construction, 
and banking. Some unions circumvented government restrictions on 
independent unions by registering as public associations (or NGOs), for 
example: the unions of accountants, economists, entrepreneurs, and 
leaseholders. The law does not prohibit antiunion discrimination by 
employers against union members and organizers; and there were no 
mechanisms for resolving complaints of discrimination.

    b. The Right to Organize and Bargain Collectively.--The law does 
not allow unions to conduct their activities without interference, and 
the Government controlled union activities. The law does not protect 
the right of collective bargaining. The law neither prohibits nor 
permits strikes, nor does it address the issue of retaliation against 
strikers. Strikes were extremely rare. There are no export processing 
zones.

    c. Prohibition of Forced or Compulsory Labor.--The Constitution 
prohibits forced or compulsory labor; however, there were reports that 
prisoners were forced to work under hazardous and unhealthy conditions 
in a kaolin mine in Gyzylgaya prison, near Dashoguz. The law provides 
for labor as a component of prison sentences; the prison system 
includes educational-labor colonies and correctional-labor colonies.
    The Government prohibits forced and compulsory labor by children; 
however, local officials used children for cotton harvesting. 
Eyewitnesses in Dashoguz province reported that schools there were 
rotating students to the cotton fields for the harvest (see Section 
6.d.).

    d. Prohibition of Child Labor and Minimum Age for Employment.--The 
minimum age for employment of children was 16 years; in a few heavy 
industries, it was 18 years. The law prohibits children between the 
ages of 16 and 18 years from working more than 6 hours per day (the 
normal workday was 8 hours). A 15 year-old child could work 4 to 6 
hours per day but only with the permission of the trade union and 
parents. This permission rarely was granted. Child labor laws were not 
effectively enforced in practice.
    On May 12, the President issued a decree against child labor, 
condemning the use of children for cotton harvesting. However, 
violations of child labor laws occurred in rural areas, particularly 
during the annual cotton harvest season. No action was taken by the 
state to prevent such activities. Local government officials strongly 
encouraged children to help in the cotton harvest; families of children 
who did not help could experience harassment by the local government 
officials. Children as young as 10 years of age were allowed to help 
with the harvest, and parents noted many were not provided with 
adequate accommodation, food, or compensation.
    Classes were cancelled and children were reportedly pulled from 
schools to participate in the harvest. In some cases, local officials 
claimed that cotton belonged to schools and that the harvest was part 
of the school's program. Farms were not effectively mechanized, which 
required that the majority of the harvest be handpicked to meet state 
production goals.

    e. Acceptable Conditions of Work.--The minimum monthly wage in the 
state sector of approximately $75 (1.5 million TMM) per month did not 
provide a decent standard of living for a worker and family.
    The standard legal workweek was 40 hours with 2 days off. 
Individuals who worked fewer hours during the week or were in certain 
high-level positions could also work on Saturdays. The Labor Code 
states overtime or holiday pay should be double the regular payment; 
maximum overtime in a year is 120 hours and can not exceed 4 hours in 2 
consecutive days. This law, however, is not enforced.
    Industrial workers often labored in unsafe environments and were 
not provided proper protective equipment. Some agricultural workers 
were subjected to environmental health hazards. The Government 
recognized that these problems existed and took some steps to address 
them; however, it did not set comprehensive standards for occupational 
health and safety. Workers did not always have the right to remove 
themselves from work situations that endangered their health or safety 
without jeopardy to their continued employment.

                               __________

                                UKRAINE

    The country is a mixed presidential and parliamentary republic 
governed by a directly elected president, a prime minister who heads a 
cabinet of ministers, and a unicameral parliament (Rada). The prime 
minister is nominated by the president and approved by the Rada. The 
cabinet is nominated by the prime minister and approved by the 
president, but generally is under the president's direction. A series 
of elections for national and local offices during the year revealed 
serious shortcomings in democratic practice. After a badly flawed 
campaign in which government resources were misused to support the 
government backed candidate and to hinder the candidacy of his 
opponent, a presidential election was held on October 31, with a second 
round runoff between opposition leader Viktor Yushchenko and Prime 
Minister Viktor Yanukovych on November 21. Massive fraud conducted on 
behalf of the government backed candidate during the runoff election 
triggered the largest non violent protest movement in modern Ukrainian 
history, known popularly as the Orange Revolution. The Supreme Court 
ruled the runoff to be invalid and ordered that a repeat runoff 
election take place on December 26. The December 26 repeat runoff 
election, which Yushchenko won, and the short campaign that preceded, 
it were substantial improvements. The Constitution provides for an 
independent judiciary; however, many courts were inefficient and 
subject to political interference and corruption.
    There are two principal security agencies, which share 
responsibility for internal security: The Security Service of Ukraine 
(SBU), which is formally responsible for domestic security and law 
enforcement, and the Ministry of Internal Affairs, which controls the 
various police forces. In addition, the State Tax Administration 
controls the tax police. A Foreign Intelligence Service (FIS) was 
established as a separate government agency in October with 
responsibilities that include, in addition to foreign intelligence 
collection, combating international organized crime and terrorism and 
promoting the security of Ukrainian institutions and citizens abroad. 
The armed forces largely remained outside of politics. Government 
agencies interfered in the political process through criminal and tax 
investigations of opposition politicians, independent journalists, and 
businessmen. Civilian authorities generally maintained effective 
control of the security forces. Members of the security forces 
committed human rights abuses.
    The economy was mixed, with the private sector accounting for 65 to 
70 percent of gross domestic product. The country had a total 
population of approximately 47.4 million reflecting a continued 
downward trend. The gross domestic product grew by 12 percent during 
the year. The economy remains burdened by a lack of transparency, with 
the shadow economy accounting for a significant proportion of real 
income. Wage arrears, a problem in prior years, decreased, partly 
because of election year politics. The official rate of unemployment 
through August was 3.4 percent, although the International Labor 
Organization estimated the unemployment rate at 9 percent. Wealth was 
concentrated within the political elite and among directors of the 
state dominated and newly privatized sectors.
    The Government's human rights record remained poor and worsened in 
a number of areas; however there were also improvements in some areas, 
particularly toward the end of the year. The citizens' right to change 
their government peacefully was restricted during most of the year by 
the authorities, who engaged in many forms of manipulation of 
parliamentary and local elections and particularly of the October 31 
presidential race and the November 21 runoff. However, the repeat 
runoff on December 26, which followed the Supreme Court's invalidation 
of the first, was judged by international observers, including the 
OSCE, to have reflected the will of the people and to have brought 
Ukraine substantially closer to meeting Western standards for free and 
democratic elections.
    Police and prison officials tortured and beat detainees and 
prisoners, and at least two detainees died under suspicious 
circumstances. Police abuse and harassment of racial minorities was a 
continuing problem. The beating of conscripts in the army by fellow 
soldiers was common and at times resulted in death. Reforms in the 
penal system led to some improvement in prison living conditions; 
however, prison conditions remained harsh. The Government rarely 
punished officials who committed abuses. Arbitrary searches, seizures, 
arrests, and detention from what appeared to be political motives were 
problems, as was lengthy pretrial detention in very poor conditions. 
Long delays in trials were a problem, and judges continued to readily 
grant most requests by prosecutors for residential search and wiretap 
warrants.
    During most of the year, authorities interfered with the news media 
by harassing and intimidating journalists, censoring material, blocking 
interregional broadcasts of independent media, closing down independent 
media outlets, and pressuring them into practicing self censorship. 
There were some limits on freedom of assembly, and the authorities 
impeded the efforts of individuals to participate in some 
demonstrations. Freedom of association was restricted. There were some 
problems with registration and property disputes; however, the 
Government took steps to address the concerns of religious communities. 
There were instances of anti Semitic acts, including attacks on Rabbis 
and desecration of Jewish graves. There were some limits on freedom of 
movement. Violence and discrimination against women, including sexual 
harassment in the workplace, were problems as was violence against 
children. Trafficking in women and children for commercial sexual 
exploitation was a serious problem, which the Government took steps to 
address. Ethnic minorities and Muslims complained of harassment and 
frequent identity checks. The Government discouraged workers from 
organizing independent unions and regularly harassed 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 
confirmed reports of the arbitrary or unlawful deprivation of life 
committed by the Government or its agents; however, at least four 
individuals died under questionable circumstances, two of them in 
police custody.
    On April 23, the independent newspaper Ukraina Moloda reported that 
Melitopol resident Mykola Zahachevsky died in the city's pretrial 
detention facility under suspicious circumstances. Relatives reported 
that Zahachevsky's body was covered with signs of physical abuse and 
asserted that he had been beaten to death by investigators. The 
Zaporizhzhya Oblast prosecutor opened a criminal case against the 
police officers for exceeding their authority. There was no further 
information on progress in the case at year's end.
    On September 18, a homosexual man, Dmytro Pakhomov died, reportedly 
while being questioned by police in Kryvyy Rih. According to human 
rights groups, police officials made derogatory remarks about 
Pakhomov's sexual orientation to his mother and told her that, in the 
midst of interrogation, her son suddenly jumped out a window and fell 
four floors to his death. When she retrieved her son's body at a local 
hospital, medical staff told her that Pakhomov had suffered multiple 
internal injuries, including liver, kidney, lung, and neck vertebrae 
damage not consistent with the police version of his death. The family 
of the deceased declined to request an investigation.
    On March 3, the director of the independent Poltava television and 
radio company Yuta, Heorhiy Chechyk, died in an auto accident as he was 
traveling to Kiev to sign an agreement to broadcast Radio Liberty 
programs on Yuta's FM station, Poltava Plus. The Prosecutor General's 
office stated that Chechyk caused the accident by ``violating traffic 
safety rules'' and added that Chechyk ``showed signs of acute 
myocardial ischemia'' shortly before the crash. Most human rights 
groups accepted the Government's version of the accident; however, 
company officials, some opposition politicians, and some human rights 
NGOs continued to suspect that Chechyk may have been deliberately 
killed as part of the Government's broader effort to silence Radio 
Liberty's voice (see section 2.a.).
    On May 24, the longtime Rector of Uzhhorod State University, 
Volodymyr Slyvka, was found unconscious in his bathroom with slit 
wrists and a kitchen knife in his chest. He subsequently died. Local 
prosecutors refused to investigate the case and called it a suicide. 
However, opposition politicians said that Slyvka was killed because he 
refused to bow to pressure from the Governor of Zakarpatska Oblast, 
Ivan Rizak, to force students and faculty to support pro government 
candidates in elections. In the weeks prior to Slyvka's death, Governor 
Rizak used the pro government media and police to pressure the rector 
into stepping down, which he refused to do. After Slyvka's death, a 
political ally of Governor Rizak, Vasyl Rusyn, was ``elected'' the 
university's new rector in a Soviet style, single candidate special 
election.
    Human rights groups asserted that soldiers continued to kill other 
soldiers during violent hazing events, although officials denied that 
any servicemen had died because of physical violence (see Section 
1.c.). Segodnya newspaper reported on May 20 that, according to the 
Defense Ministry, 11 servicemen had committed suicide so far during the 
year, 6 of them while off duty. The Ministry blamed family and personal 
problems for the suicides; however, the Ukrainian military has 
frequently described death by hazing as suicide.
    The pervasiveness of corruption, connections between government 
officials and organized crime, and the political activities of 
organized crime figures often blurred the distinction between political 
and criminal acts. Opposition politicians, politically active 
businessmen, and journalists were the victims of attacks that sometimes 
were fatal and may have been politically motivated. Serious allegations 
persisted that Ministry of Internal Affairs officials were involved in 
killings and kidnappings in previous years.
    Police declined to release any further information, either to the 
public or a special Parliamentary investigating commission, about the 
August 2003 death of Ivan Havdyda, Deputy Head of the opposition 
Ukrainian People's Party. Havdyda died from a blow to the head and his 
body was found one block from his apartment in Kiev. Friends and 
colleagues asserted that his death was a result of his political 
activities. Due to a lack of confidence in the Prosecutor General's 
office, which was investigating the incident, lawmakers established a 
commission to investigate Havdyda's death. At year's end, that 
parliamentary inquiry was at a standstill.
    There were no indications that authorities were investigating the 
November 2003 death of Yuriy Bosak, a leader of the opposition party 
Reforms and Order in Khmelnytsky Oblast, who was found hanging in a 
forest. Relatives and colleagues continued to assert that the 
circumstances of his death were inconsistent with suicide and that 
Bosak was killed and then hanged because of his political activity.
    The Prosecutor General's office continued to refuse to investigate 
the December 2003 death of Volodymyr Karachevtsev, head of Melitopol's 
independent journalists' union and a deputy editor at the independent 
newspaper Courier. Karachevtsev, who wrote frequently about corrupt 
local officials, was found hanging by his sweater on the handle of his 
refrigerator. Melitopol police insisted that, after drinking heavily, 
Karachevtsev accidentally strangled himself when he tripped and fell, 
catching his sweater on his refrigerator door handle; the official 
cause of death was listed as ``mechanical asphyxia.'' However, findings 
by the local coroner contradicted police assertions that Karachevtsev 
was drunk at the time of his death.
    The search continued during the year for two individuals allegedly 
involved in the murder of Ivano-Frankivsk Deputy Governor Mykola 
Shkriblyak. In April 2003, the Chernivtsi Oblast Appeals Court 
sentenced to life imprisonment both Shkriblyak's killer and the 
individual who organized the killing. According to Yuri Cherkasov, the 
former Chief of Interior Ministry's Department for Combating Organized 
Crime, the killer was an unidentified former officer of the Russian 
security services who lived in Ukraine. The authorities declined to 
provide information on the convicted organizer in the interests of the 
continuing investigation. Shkriblyak, who was running for a 
constituency Rada seat, was shot on the day before the 2002 
parliamentary elections. There was speculation that Shkriblyak was 
killed because of his involvement in privatization issues related to 
the energy and fuel sector.
    At year's end there had been no verdicts in cases related to the 
2001 killing of Ihor Aleksandrov, the director of a Donetsk regional 
television station. According to an October 20 report from the Interfax 
news agency, a total of 12 people were being tried on a variety of 
charges related to the Aleksandrov murder and a subsequent attempted 
cover up. The cases were being heard by the Luhansk Court of Appeals at 
the direction of the Supreme Court, which expressed a lack of 
confidence in the Donetsk Court of Appeals, the original venue for the 
trials. The killing of Aleksandrov, who had aired a number of critical 
reports about Donetsk based politicians and was a noted critic of 
alleged corruption among local law enforcement authorities, had been 
attributed to his professional activities. In February, two police 
officers were arrested in Kramatorsk for ``precipitating the death'' of 
a key witness in the case.
    During the year there were several major developments in the 
unresolved 2000 killing of prominent journalist Heorhiy Gongadze, which 
continued to be a subject of active domestic and international 
interest, including continuing accusations that senior officials in the 
Government were implicated. Gongadze's decapitated body was identified 
in November 2000, after his disappearance 2 months earlier. On June 19, 
the British newspaper The Independent published official documents, 
acknowledged by Prosecutor General's office to be genuine, indicating 
that Heorhiy Gongadze was under police surveillance shortly before his 
disappearance and death. The same newspaper reported that a former Kiev 
police officer, Ihor Honcharov, the purported leader of an organized 
criminal gang suspected of killing Gongadze, died in 2003, in police 
custody, from a combination of severe physical abuse and an injection 
of the drug Thiopental. Honcharov allegedly had information about the 
involvement of high level officials in the kidnapping and killing of 
Gongadze and had planned to testify in court about this involvement. 
The guard at the Lukyanivska detention facility who allegedly killed 
Honcharov was arrested in October.
    The Prosecutor General's office announced on June 21 that it had in 
custody the self confessed killer of Gongadze, an alleged career 
criminal identified only as ``Citizen K.'' However, the head of the 
parliamentary commission investigating the case, Member of Parliament 
(M.P.) Hryhoriy Omelchenko, told the press that ``Citizen K'' merely 
beheaded Gongadze's corpse at the direction of the police; according to 
Omelchenko, Gongadze was accidentally shot in the head as he struggled 
with police officers who were attempting to kidnap him. Gongadze's head 
was removed, Omelchenko asserted, because it contained a bullet that 
could lead to the identification of a police handgun as the murder 
weapon.
    In March, Omelchenko's parliamentary commission concluded that 
President Kuchma, Volodymyr Lytvyn, then Presidential Chief of Staff, 
and Yuriy Kravchenko, then Interior Minister, were the instigators of 
Gongadze's kidnapping. The commission was unsuccessful in obtaining 
enough votes in the Rada to begin impeachment proceedings against 
Kuchma.
    The Government continued to assert publicly that a full scale 
investigation into Gongadze's disappearance was continuing, but members 
of the media and the public seriously criticized the Government's 
handling of the case. The Government continued to dispute the 
authenticity of an audio recording that allegedly contained 
conversations between President Kuchma and other senior government 
officials discussing the desirability of Gongadze's death. Experts have 
judged another recording from the same source to be authentic.

    b. Disappearance.--There were no reports of politically motivated 
disappearances.
    On January 13, the head of the parliamentary committee for freedom 
of speech urged the Interior Ministry to search for Vasyl Hrysyuk, a 
reporter for the newspaper Narodna Sprava in Lviv Oblast town of 
Radekhiv, who disappeared in December 2003. There was no indication 
during the year that the case was being actively pursued.
    There were no indications that the authorities were continuing to 
investigate the 2002 disappearance of Oleksandr Oliynyk, an election 
monitor from the NGO Committee of Voters of Ukraine (CVU), who 
disappeared from Kirovohrad approximately a week after the March 2002 
Parliamentary elections, or the 2002 disappearance of Andriy Tatarchuk, 
Vice Chairman of the Reforms and Order Party of Odesa (Our Ukraine 
Bloc) and a former city council candidate.

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The Constitution prohibits such practices; however, 
reports that police regularly beat detainees and prisoners persisted, 
and opposition candidate Viktor Yushchenko accused the Government of 
attempting to kill him with poison.
    Human Rights Ombudsman Nina Karpachova told the media that during 
her nearly 7 year tenure she has received approximately 12,000 
complaints from persons who asserted that they had been tortured in 
police custody. In an August 2 special program on the opposition owned 
Fifth Channel television network, Karpachova acknowledged that torture 
of citizens by police officers remained a major problem.
    The Fifth Channel program reported that police officers frequently 
beat detainees with rubber batons, hung them upside down and doused 
them with cold water. According to Fifth Channel, police officers 
tortured individuals in order to extract confessions or simply to get 
money; a lawyer interviewed on the program said he had been taken into 
custody and beaten until he agreed to pay approximately $5,000 (26,000 
Hryvnyas/UAH) to a policeman. An October 2002 report by the European 
Committee for the Prevention of Torture (CPT) stated that individuals 
in detention ran a significant risk of physical mistreatment, including 
beating, electric shock, pistol whipping, and asphyxiation. Human 
rights lawyers also reported that requesting an attorney often led to a 
worse beating, and detainees at times were beaten until they waived 
their right to an attorney.
    On August 6, police in Sumy Oblast, acting on direct orders from 
the Governor, attacked a large group of students protesting a 
university merger. An opposition M.P. who was on the scene said that 
police pushed students to the ground, kicked them, and beat them with 
truncheons (see Section 2.b.).
    In a September 21 speech at the Rada, Presidential candidate Viktor 
Yushchenko accused the Government of attempting to kill him with 
poison. Yushchenko had suddenly fallen seriously ill in early 
September. In early December, doctors at a reputable medical clinic in 
Vienna determined that Yushchenko had been poisoned with dioxin, a 
diagnosis subsequently confirmed by Dutch specialists. The Government 
and a special parliamentary commission--chaired by an outspoken 
supporter of Yushchenko's opponent--disputed Yushchenko's allegation.
    The media reported on March 10, that the police assaulted and 
seriously injured the son of a prominent opposition M.P. in retaliation 
for his father's political and trade union activities (see Section 
6.a.). According to media reports, on March 7, Andriy Volynets, son of 
M.P. and Confederation of Free Trade Unions leader Mykhaylo Volynets, 
was taken from a bus stop in Kiev by a small group of individuals in 
police uniforms. They beat Volynets, put a plastic bag over his head, 
poured alcohol into his mouth, and then dumped him in the stairwell of 
a building in Kiev's Obolon district. Opposition M.P.s in the Rada 
called for the Prosecutor General's Office to open an investigation 
into the incident; at year's end, there had been no response from the 
Prosecutor General's office.
    In March, the head of the Poltava Oblast police department resigned 
in connection with the torture and deaths of suspects in police custody 
in 2003. Only one of the four police officers suspected of involvement 
was detained. In June, a court in Zaporizhzhya began the trial of 
former police Lieutenant Colonel Serhiy Polovnikov in connection with 
an incident in February 2003, in which a suspect attempted to commit 
suicide by jumping through a fourth floor window of the police station. 
Allegedly, the suspect was driven to suicide by physical abuse that 
included the use of electric shocks. In April 2003, both feet of 
Oleksandr Lobanov, a prisoner at Prison 120 in Volnovakha, Donetsk 
Oblast, were amputated because of gangrene allegedly resulting from 
injuries sustained during a severe beating by riot police during a riot 
control exercise at the prison. Prison officials reportedly forced 
Lobanov to sign a statement that he had injured his feet himself while 
exercising in the prison yard. The Penal Department and prosecutor's 
office opened an investigation on this case, although no results were 
made public by year's end.
    The law prohibits the abuse of psychiatry for political and other 
non medical reasons and provides safeguards against such abuse; 
however, on a few occasions, according to human rights groups, persons 
involved in property, inheritance, or divorce disputes were diagnosed 
wrongfully with schizophrenia and confined to psychiatric institutions. 
The confinement often resulted from the corruption of psychiatric 
experts and court officials. Persons diagnosed with mental illness 
risked being confined and treated forcibly, declared not responsible 
for their actions, and stripped of their civil rights without being 
present at the hearings or notified of the ruling. According to the 
Ukrainian Psychiatric Association, the Health Care Ministry did not 
always cooperate with human rights groups attempting to monitor abuse 
of psychiatry.
    Despite extensive legislation to protect the rights of service 
members and the existence of regulations governing relationships among 
military personnel, reports continued during the year of harsh 
conditions and violence against conscripts in the armed forces. Senior 
conscripts often beat recruits, sometimes to death, and forced them to 
give up money and gifts that they received from home. According to 
human rights associations, garrison prosecutors often did not 
investigate complaints of physical harassment. Punishment administered 
for committing or condoning such activities was insufficient to deter 
further abuses. Although military officials reported that there were no 
deaths due to soldier on soldier physical violence, human rights 
groups, including the Association of Soldiers' Mothers, reported that 
violent hazing continued to be widespread (see Section 1.a.). They had 
reported in 2002 that the Office of the Prosecutor General opened 129 
criminal cases pertaining to violent hazing. It is unlikely that 
further information will be available on the progress, if any, in these 
cases.
    Police abused Roma and harassed and abused dark skinned persons. 
Representatives of these groups claimed that police officials routinely 
ignored, and sometimes abetted, violence against them (see Section 5). 
On May 10, according to testimony given to the Roma NGO, Roma European 
Rights Center that could not be separately corroborated, an individual 
identified only as ``Mr. S.G.,'' reported that in the days following 
the May 6 theft of two horses in the area of Lutsk, police terrorized 
the 30 family Romani community in the neighboring Prilutsk village. Mr. 
S.G. reported that several members of the community, including teenage 
Romani boys, were taken to the police station and severely beaten. 
Similarly, in the town of Kivertsy, Mr. S.G. had been informed that two 
young Romani men were taken to the police station and beaten almost to 
death before they were released. Mr. S.G. reported that when he visited 
the Lutsk District Police Department to discuss these matters, the 
Deputy Chief of Police threatened him and physically mistreated him.
    Prison conditions improved somewhat as a result of reforms in the 
penal system. Prison officials reported that, due in part to the 
decriminalization of many offenses, there was a reduction in the number 
of inmates in prison, which eased overcrowding. Nevertheless, prisons 
were sometimes overcrowded or lacked adequate sanitation and medical 
facilities.
    Although information on the physical state of prison walls and 
fences, as well as on pretrial detention blocks, is officially 
considered to be a government secret, the press reported freely about 
harsh prison conditions.
    Conditions in pretrial detention facilities were harsher than in 
low and medium security prisons. There were reports that inmates in pre 
trial facilities were sometimes held in investigative isolation for 
extended periods and subjected to intimidation and mistreatment by jail 
guards and other inmates. Overcrowding was more common in these 
centers; their total capacity was 36,000 but 39,021 detainees were held 
in them as of September 1, according to the State Penal Department 
(SPD).
    Human Rights Ombudsman Karpachova expressed indignation over 
conditions in temporary detention centers, particularly Crimea, and in 
April it was reported that the Prosecutor General's Office was 
concerned about poor conditions in pretrial detention facilities 
nationwide.
    The SPD, in cooperation with the NGO community, implemented some 
programs for the professional development of prison and police 
officials. According to the SPD, as of September 1 no criminal 
proceedings involving torture or mistreatment of prisoners had been 
opened against SPD employees; however, as of September 1, six criminal 
cases had been opened against employees for unspecified ``non human 
rights related'' offenses. No employee of the penitentiary system was 
disciplined for improper treatment of detainees; however, 420 employees 
were disciplined in the first 8 months of the year for ``serious flaws 
in their work and violation of work ethics,'' according to the SPD.
    The 2003 Criminal Penal Code was intended to regulate prison life 
and provide safeguards against the mistreatment of prisoners. Officials 
stated that it was still too early to evaluate the code's 
effectiveness, but maintained that NGOs, international experts, 
prisoners, and prison employees had reacted favorably to it. In 
accordance with the new code, all new inmates were required to undergo 
psychological screening, and prison administrators were required to 
develop a plan for the rehabilitation and eventual release of inmates. 
Correctional institutions for adults were also subdivided into three 
categories: Minimum, medium, and maximum security. Also in keeping with 
the new Code, deprivation of the right to receive a parcel is no longer 
used against prisoners as a punishment. Prisoners are permitted to 
receive much larger parcels than in the past, which may include food 
items, medicine, books, writing implements, clothing, shoes, and 
personal hygiene items.
    According to official statistics from the SPD, there were 464 
deaths in prisons during the year: 438 due to illness, 20 suicides, 2 
homicides (1 murder and 1 manslaughter), and 4 lethal traumatic 
injuries. In addition, there were 88 deaths in pretrial facilities: 82 
due to illness and 6 to suicide (see section 1.a.) Tuberculosis in 
prisons continued to be of concern; however, officials stated that 
mandatory screening of all new inmates for the disease of all new 
inmates had reduced infection rates. Inmates with tuberculosis were 
isolated from the general population and treated at one main prison 
hospital complex in Kharkiv Oblast. Almost 25,000 individuals 
reportedly were held in prison cells with neither windows nor toilets.
    Men and women were held in separate facilities, and juveniles were 
held separately from adults. Additionally, pretrial detainees were 
always held separately from convicted prisoners. The law does not 
recognize political prisoners as a separate category of detainee.
    The Government continued to allow prison visits from human rights 
observers and generally granted full access to prison facilities; 
however, some monitors reported that at times it was difficult to 
obtain access to prisons to visit specific prisoners, and there were 
instances in which they were not allowed full access to prison 
facilities. The SPD maintained, however, that there had been no 
instances of domestic or international human rights groups being denied 
access to pretrial detention facilities. Prisoners were permitted to 
file complaints with the Human Rights Ombudsman about the conditions of 
detention, but human rights groups reported that prisoners were 
sometimes punished for doing so.
    At present, two Corrective Labor and Treatment Centers for 
alcoholics remain subordinated to the SPD.
    The Ukrainian Red Cross Society was granted unimpeded access to at 
least two prisons during the year, in Melitopol and Kovel. At those 
facilities, Red Cross representatives conducted an HIV/AIDS/TB 
awareness campaign for teenage inmates. The Red Cross also provided the 
teenagers with vitamin supplements and hygiene kits.

    d. Arbitrary Arrest or Detention.--The Constitution prohibits 
arbitrary arrest and detention; however, arbitrary arrest and detention 
remained problems.
    The Minister of Internal Affairs, who is responsible for the 
police, is a member of the Cabinet of Ministers, while the SBU enjoys 
special status within the executive branch and reports directly to the 
President. The State Tax Administration, which is accountable to the 
President and the Cabinet of Ministers, also has law enforcement 
powers, which it exercises through the tax police. The Office of the 
Prosecutor General prosecutes criminal cases and is responsible for 
enforcement of court decisions in criminal cases. In July 2003, 
legislation providing for civilian control over the army and law 
enforcement agencies was enacted and an implementation plan approved. 
The law authorizes parliamentarians to conduct investigations into 
national security and defense issues, including public hearings. The 
law also significantly broadens the authority of the Human Rights 
Ombudsman to initiate investigations pertaining to the military's 
activities, as well the activities of law enforcement bodies. The law 
also assigns to the Audit Chamber of Ukraine control over national 
defense and security budget allocations.
    Police corruption was a problem during the year. For example, a 
2003 law prohibits the police from stopping vehicles and levying 
immediate fines, which officers frequently pocket to supplement their 
low salaries; only courts have the right to impose such fines. That law 
had an increasing deterrent effect on the police, who no longer could 
legally collect spot fines after stopping vehicles for alleged traffic 
violations, although these ``traffic stop shakedowns'' still regularly 
occurred.
    Authorities made some effort to end police abuses, including taking 
disciplinary action against law enforcement authorities who committed 
them; however, impunity remained a serious problem. Police were seldom 
prosecuted for misbehavior. Ombudsman Karpachova suggested that those 
police officers who were charged and convicted received light or 
suspended sentences, primarily because of what she called the 
``corporate inter dependence'' between law enforcement officials and 
the judicial branch.
    Legislation passed in July 2003 strengthened the role of the Human 
Rights Ombudsman and of M.P.s in investigating human rights violations, 
providing for the imposition of fines against individuals seeking to 
hinder their work.
    By law, the authorities may detain a suspect for 3 days without a 
warrant, after which an arrest order must be issued. The courts may 
extend detention without an arrest warrant for an additional 10 days. 
Suspects who believe that further investigation may lead to their 
immediate exoneration may petition the court for an additional 15 day 
detention. The law further provides that pretrial detention may not 
last more than 2 months. In cases involving exceptionally grave 
offenses, the Prosecutor General may petition a judge of the Supreme 
Court to extend the period of detention to 18 months. The law permits 
citizens to contest an arrest in court or appeal to the prosecutor. The 
Constitution requires that officials notify family members immediately 
concerning an arrest, but they often did not do so in practice.
    The Government occasionally employed such charges as criminal libel 
or tax evasion to detain persons (usually opposition activists or 
journalists) who were openly critical of the Government or challenged 
the interests of powerful business or political figures close to the 
Government (see Section 2.a.).
    On February 9, it was reported that the Lviv Tax Administration was 
conducting numerous tax inspections of businesses associated with the 
opposition.
    The press reported on March 10 that the Supreme Court annulled the 
tax evasion charges against jailed banker Borys Feldman and commuted 
his 9 year prison sentence to 5 years, in effect, to time served. 
Feldman, the former vice president of Bank Slovyanskyy (which managed 
some of prominent opposition M.P. Yuliya Tymoshenko's business 
interests), was originally convicted of tax evasion and financial 
mismanagement. He was released on June 14.
    On multiple occasions in August and September, tax police harassed 
a main financial backer of opposition candidate Viktor Yushchenko, and 
billboard companies in Vinnytsya were warned by the local authorities 
that sale of ad space to the Yushchenko campaign would immediately 
trigger an inspection by the tax police.
    On March 19, the Office of the Prosecutor General closed a criminal 
case that had been opened in March 2003 against former Deputy Prime 
Minister of Agriculture Leonid Kozachenko. Kizachenko had been charged 
with bribery and abuse of office. He claimed that the charges were 
politically motivated. In dismissing the charges, the authorities 
stated that the criminal proceedings against Kozachenko had had been a 
mistake. While detainees were frequently released from pretrial 
detention with travel bans, Kozachenko was only released, on bond, 
after several parliamentary appeals.
    On May 20, the press reported that the Prosecutor General had 
opened a criminal case against opposition M.P. Yuliya Tymoshenko for 
attempting to bribe a judge. The government case was based on the 
testimony of former Tymoshenko aide Volodymyr Borovko. On June 10, the 
Prosecutor General's office submitted a request to the Rada to strip 
Tymoshenko of her parliamentary immunity from criminal prosecution. The 
Rada did not vote on the request and simply returned it to the 
Prosecutor General's office. Separately, the trial of Tymoshenko's 
father in law and a colleague remained ongoing in Kiev at the end of 
the year.
    In October, police detained a number of student and youth leaders 
in the course of unauthorized raids on the offices of a number of youth 
and student organizations, including the activist pro democracy NGO 
Pora. The individuals were later released (see Section 2.b.).
    Although the Criminal Procedures Code provides for the imposition 
of monetary bail, bail was rarely used; many defendants could not pay 
the monetary bail amounts imposed by law. Instead, courts imposed 
restrictions on travel outside a given area as an alternative measure 
to pretrial confinement.
    The law stipulates that a defense attorney must be provided without 
charge to an indigent detainee from the moment of detention or the 
filing of charges, whichever comes first; however, in practice this 
often did not occur. There were insufficient numbers of defense 
attorneys to protect suspects from unlawful and lengthy detention under 
extremely poor conditions. Attorneys often refused to defend indigents 
for the low government fee. While in custody, a suspect or a prisoner 
is allowed by law to talk with a lawyer in private; however, human 
rights groups reported that prison or investigative officials 
occasionally denied the client attorney privilege. To protect the 
defendant, each investigative file must contain a document signed by 
him or her attesting that the charges against him, his right to an 
attorney, and his right not to give evidence against himself or his 
relatives have been explained to him; however, officials sometimes 
verbally and physically abused defendants to get them to sign this 
document. An appeals court may dismiss a conviction or order a new 
trial if this document is missing. As defendants increasingly became 
aware of their rights, they insisted on observance of these procedures; 
however, many remained unaware of these safeguards.
    The police arbitrarily detained persons, particularly dark skinned 
persons, for extensive document checks and vehicle inspections (see 
Sections 1.f. and 5).
    Lengthy pretrial detention was a problem. By law, a trial must 
begin no later than 3 weeks after criminal charges have been filed 
formally with the court, but this requirement rarely was met by the 
overburdened court system. Months, or, at times, years, may pass before 
a defendant finally is brought to trial, and the situation did not 
improve during the year (see Section 1.e.).

    e. Denial of Fair Public Trial.--The Constitution provides for an 
independent judiciary; however, in practice, the judiciary was subject 
to considerable political interference from the executive branch, often 
in the form of phone calls to judges by senior government officials, 
including Presidential Administration Chief of Staff Viktor Medvedchuk. 
There were exceptions, notably the December 3 Supreme Court decision 
invalidating the November 21 runoff election. The judiciary also 
suffered from corruption and inefficiency. The courts were funded 
through the Ministry of Justice (MOJ), which controlled the 
organizational support of the courts, including staffing matters, 
training for judges, logistics and procurement, and statistical and 
information support.
    The judiciary lacked sufficient staff and funds, which engendered 
inefficiency and corruption and increased its dependence on the 
executive, since the judicial system received all its funding from the 
State Judicial Administration. On March 30, the European Court for 
Human Rights (ECHR) ruled that the country was failing to provide an 
effective way to secure defendants' rights to a fair trial in a 
reasonable length of time. In a report to the Rada in April 2003, the 
Ombudsman for Human Rights observed that individuals' ability to 
protect their rights in court remained limited.
    A lack of compliance with court decisions in civil cases also 
undermined the authority and independence of the judicial system. The 
State Executive Service was responsible for enforcing most civil 
decisions, and the number of cases referred to it continued to grow. 
Provisions calling for criminal punishment for noncompliance with court 
decisions rarely were used. Compliance was particularly poor when a 
decision clashed with government interests. The Chairman of the Supreme 
Court, the chairmen of regional courts, and the chairman of the Kiev 
municipal court (or the deputies of these officials) have the authority 
to suspend court decisions, which led to interference, manipulation, 
and corruption.
    There were credible reports that the Government abused its 
authority over officers of the court by selectively charging and 
dismissing politically unsympathetic judges. In 2003, the High Council 
of Justice, allegedly under government pressure, requested that the 
Rada dismiss Yuriy Vasylenko, an independent judge of the Kiev Appeals 
Court and critic of President Kuchma. In October and November 2002, 
Vasylenko had opened two criminal cases against Kuchma that were 
subsequently dismissed. The Council accused Vasylenko of violating his 
oath by unlawfully opening these criminal cases. In August, Vasylenko, 
citing his weariness from government harassment, stepped down from the 
bench and retired, calling the High Council of Justice's request to the 
Rada ``political revenge.'' On December 23, the Rada formally rejected 
the request to dismiss Vasylenko, who has formed an NGO dedicated to 
nationwide judicial reform.
    The law provides for a unified system of courts consisting of a 
Constitutional Court, a system of courts of general jurisdiction that 
includes the Supreme Court and specialized commercial courts, and 
military courts. General jurisdiction courts are organized on four 
levels: Local courts, regional appellate courts, specialized high 
courts (the High Commercial Court), and the Supreme Court. Commercial 
courts were intended to operate as specialized courts within the single 
unified system of courts. As a result, the Supreme Court may review 
their judgments, including those rendered by the High Commercial Court. 
Military courts are specialized courts that hear only cases involving 
military personnel.
    By law, the President has the authority, with the agreement of the 
MOJ and the Chair of the Supreme Court or of a corresponding higher 
specialized court, to establish and abolish courts of general 
jurisdiction. The President is empowered to determine the number of 
judges within the courts, upon the recommendation of the State Judicial 
Administration (SJA) and with the agreement of the Chair of the Supreme 
Court. He is authorized to appoint and remove chairs and deputy chairs 
of courts for 5 year terms (upon submission of the Chair of the Supreme 
Court, based on recommendation of the Judicial Council), and to 
establish appellate commercial and appellate administrative courts. The 
President, upon the recommendation of the Prime Minister and 
concurrence by the Judicial Council, appoints the head of the SJA.
    A Judicial Academy trains new judges and continues the education of 
sitting judges; it graduated its first group of judges in April 2003.
    Regional courts, including the Supreme Court of Crimea and the Kiev 
and Sevastopol city courts, serve as appellate courts for the lower 
level courts. They may examine evidence independently in a case, call 
for additional witnesses or evidence, and overrule the judgment of a 
lower court.
    The Constitutional Court consists of 18 members appointed for 9 
year terms in equal numbers by the President, the Parliament, and the 
Congress of Judges. The Constitutional Court is the ultimate 
interpreter of legislation and the Constitution, and it determines the 
constitutionality of legislation, presidential edicts, cabinet acts, 
and acts of the Crimean Autonomous Republic. The President, at least 45 
M.P.s, the Supreme Court, the Ombudsman, and the Crimean legislature 
may request that the Constitutional Court hear a case. Citizens may 
apply to the Constitutional Court through the Ombudsman, and they 
started to exercise this right in selected cases. In some limited 
cases, the Constitutional Court can interpret law for individual 
citizens, when the applying citizen provides compelling proof that a 
constitutional provision was violated or that different government 
bodies interpreted it differently. Human rights groups stated that the 
Constitutional Court generally maintained a balance of fairness; 
however, a number of decisions made during the year led observers to 
charge pro presidential bias.
    The Supreme Court is the country's highest appellate body. Human 
rights groups, the media, and legal watchdog organizations noted that, 
in contrast to the Constitutional Court, the Supreme Court continued to 
show increasing independence during the course of the year. This trend 
was highlighted by the Court's December 3 decision to invalidate the 
results of the November 21 presidential runoff election because of 
massive fraud.
    The Constitution includes procedural provisions intended to ensure 
a fair trial, including the right of suspects or witnesses to refuse to 
testify against themselves or their relatives; however, pending the 
passage of legislation to implement these constitutional provisions, a 
largely Soviet era criminal justice system remained in place, which 
limited these rights. While the defendant is presumed innocent, 
conviction rates have changed little since the Soviet era, and nearly 
all completed cases resulted in convictions.
    There were indications that suspects often bribed court officials 
to drop charges before cases went to trial or to lessen or commute 
sentences. For example, on January 9, the press reported that the 
Luhansk Court of Appeals sentenced a judge from Slovyansk to 6 years in 
prison for abuse of power, forgery, and bribery. In April 2003, the 
head of the Zaporizhzhya District Court confessed to accepting a bribe 
of $2,500 (approximately 13,000 UAH) for reducing a defendant's murder 
sentence by 5 years; an investigation of the incident was ongoing at 
the end of the year.
    The law provides for broad use of juries; however, a system of 
juries had not been implemented and as a result juries were only used 
in a limited number of cases. Most cases were decided by judges who sit 
singly, occasionally with three public assessors (lay judges or 
professional jurors with some legal training), or in groups of three 
for more serious cases.
    The Office of the Prosecutor General practiced selective 
prosecution and initiated investigations against the political or 
economic opponents of the President and his allies (see Section 1.d.). 
The Prosecutor General also ignored parliamentary and court requests 
for investigations into high ranking persons if the accused were 
presidential allies.
    Criminal groups routinely used intimidation to induce victims and 
witnesses to withdraw or change their testimony. The law requires that 
a special police unit protect judges, witnesses, defendants, and their 
relatives; however, the unit had not begun operation by year's end, and 
trial participants were vulnerable to pressure. Because of lack of 
funding, a witness protection law was also in abeyance. The law 
provides that the names and addresses of victims and witnesses may be 
kept confidential if they request protection due to fear for their 
lives. Unlike in previous years, there were no reports of violence 
against judges.
    There were no reports of political prisoners.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The law prohibits such actions; however, in practice 
authorities infringed on citizens' privacy rights. By law, only courts 
may approve warrants for searches of residential properties and 
wiretaps; however, prosecutors have the right to issue warrants for 
searches of nonresidential properties (see Section 1.e.).
    By law, the SBU may not conduct intrusive surveillance and searches 
without a court issued warrant. The Office of the Prosecutor General 
has the constitutional responsibility to ensure that law enforcement 
agencies, including the SBU, observe the law; however, the extent to 
which the Prosecutor General used his authority to monitor SBU 
activities and to curb excesses by security officials was unknown. The 
Constitution provides citizens with the right to examine any dossier on 
them in the possession of the SBU and to sue for physical and emotional 
damages incurred by an investigation; however, necessary implementing 
legislation had not been passed, and the authorities did not respect 
this right in practice.
    The Government arbitrarily monitored the private communications and 
movements of individuals. For example, on January 23, opposition M.P.s 
complained to the newspaper Ukraina Moloda that their phones were 
tapped and that they had been put under surveillance. A leading human 
rights group estimated that courts issued at least 40,000 warrants 
during the year for phone taps.
    The press reported on February 18, that SBU Major General Valeriy 
Kravchenko, a security officer at the Ukrainian Embassy in Berlin, had 
accused the SBU of conducting surveillance on opposition 
parliamentarians and senior government officials during their visits 
abroad. The Government denied these allegations.
    On August 10, opposition presidential candidate Viktor Yushchenko 
asserted to the press that he was illegally subjected to plainclothes 
police surveillance during his visit to Ai Petri Mountain near Yalta. 
Yushchenko called on the Prosecutor General's Office to open criminal 
charges against the police officers involved in the incident; however, 
no charges were filed, and the Government asserted that the 
surveillance was intended to protect Yushchenko from potential harm. On 
September 13, Our Ukraine M.P. Valeriy Asadchev told the press that the 
Government had sent secret instructions to all oblasts requiring local 
security services to put foreign election observers under surveillance 
and to report to the Presidential Administration about the observers' 
activities. On several occasions in October, Rada Speaker Volodymyr 
Lytvyn complained to the press about police surveillance of him and his 
family.
    The law gives the SBU broad powers to monitor Internet publications 
and email. Telecommunications operators are required to install at 
their own expense equipment allowing ``authorized agencies'' to monitor 
Internet activity conducted over their services. The stated goal of the 
requirement was to fight corruption and further the country's 
integration into the European Community; however, human rights 
organizations expressed concern that this network increased the SBU's 
ability to monitor the activities of citizens without cause. The 
Internet Association of Ukraine, a group of six Kiev based ISPs, 
complained in a 2003 report to the OSCE that enactment of monitoring 
legislation could infringe on individuals' rights to privacy of 
correspondence under existing law.
    Some NGOs reported that authorities had opened and searched their 
mail at times during the year. The SBU also monitored the activities of 
certain NGOs active in democracy development projects. Journalists 
whose reports were critical of the Government or who covered opposition 
politicians and NGOs that engaged in nonpartisan political activity, 
reported that SBU agents frequently followed them and that their 
telephones and offices were wiretapped (see Section 2.a.). In October, 
authorities conducted unauthorized raids on the offices of a number of 
youth and student organizations, including Pora (see 2.b.).
    A new residence registration system took effect during the year, 
following the December 2003 passage of the law ``On Freedom of 
Movement.'' The new system simplified existing procedures by requiring 
only that individuals who move to a new place of residence deregister 
at their old address, fill out a declaration listing their new address, 
pay a $.16 (.85 UAH) processing fee, and complete these procedures 
within 10 days. The new system does not limit Ukrainian citizens to one 
address at which they may be registered. A person may only have one 
permanent address, but may register temporarily at other locations (for 
example, at a university if a person is a student).
    The Government and some human rights groups depicted the new system 
as a major step forward from the Soviet era ``propyska'' system. They 
noted that it was far simpler and permitted individuals to live, work, 
and receive services anywhere in the country; however there were 
critics. For example, the Minister of Justice complained to the 
newspaper Dzerkalo Tyzhnya that similarities remained between the new 
system and the propyska system, specifically noting that the police 
remained in charge of residence registration.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The Constitution provides for 
freedom of speech and of the press; however, the authorities often did 
not respect these rights in practice. During most of the year, the 
authorities took a direct role in instructing the media on events and 
issues it should cover and how they should be covered. However, toward 
the very end of the presidential election campaign in November, many 
media outlets began to ignore government direction and covered events 
in a more objective, professional manner. This aptly named 
``journalists' rebellion'' gained significant momentum on November 25, 
when Ukrainian National Television (UT 1) sign language interpreter 
Natalya Dmytruk departed from her approved script and informed viewers 
that the official election results announced on November 23 were false, 
adding that ``Yushchenko is our President.'' In the wake of the Orange 
Revolution, top media watchdog organizations asserted that the media 
were generally more free and politically diverse than at any time in 
the country's modern history.
    During most of the year, authorities continued to interfere with 
news media by intimidating journalists through the use of libel laws, 
license revocations, and by investigations on tax matters or fire and 
health code violations; in some cases, these measures had the effect of 
shutting down independent media sources. The authorities also took 
steps to strengthen their control over the broadcasting sector, 
although during the Orange Revolution, the authorities proved unwilling 
or unable to use their control to determine the political content of 
most national and many regional broadcasts.
    For most of the year, the authorities also restricted freedom of 
speech through indirect means; for example, by influencing publishing 
houses to refuse or limit the publication of materials critical of the 
authorities.
    There were numerous instances when authorities limited freedom of 
the press. Government interference often took the form of direct 
intervention, such as blocking radio and television frequencies, 
confiscation of opposition newspapers and pamphlets, refusal to provide 
television or radio airtime to opposition politicians, and denying 
public venues for opposition rallies.
    The NGO Freedom House rated the press as ``not free,'' as it had 
done in 2003, because of state censorship of television broadcasts, 
continued harassment and disruption of independent media, and the 
failure of authorities to adequately investigate attacks against 
journalists. On May 3, the group Reporters Without Borders again cited 
President Kuchma as an ``enemy of the press.''
    According to the website of the State Committee on Television and 
Information Policy, at year's end there were 20,903 registered print 
publications and 800 television broadcasters in the country. Despite 
government pressure and media self censorship, the numerous newspapers 
and periodicals on the market, each espousing the view of its 
respective sponsor, provided a variety of opinions.
    Wealthy investors pursuing their own political and economic 
interests financed many major newspapers. These newspapers often 
favored the Government. Their strong financial backing gave these 
newspapers an advantage over smaller, more independent, newspapers.
    Foreign newspapers and periodicals circulated freely.
    Broadcast media, the primary source of news for most citizens, were 
either state owned or owned by oligarchs and powerful business 
interests. There were six national television stations. State run 
television had the widest geographic coverage, but low viewership. Most 
other television stations were associated with political parties or 
powerful business interests. While such groups often did not agree on 
particular issues, they generally rallied behind the pro presidential 
position on key issues dividing the Government and the opposition. The 
major exception during most of the year was the opposition owned Fifth 
Channel, which, according to some observers, was less partisan and more 
objective. Fifth Channel's geographic coverage was limited due to 
government harassment and restrictions, but its viewership was strong; 
it played a critical role in keeping Ukrainians informed about 
developments during the presidential elections and the Orange 
Revolution. The television and radio stations, Era, also began to 
provide objective news coverage in the fall, and were permitted by the 
authorities to operate.
    Some journalists were subjected to physical attacks during the year 
that may have been related to their professional activities; however, 
unlike in 2003, there were no reports of deaths of journalists in 
connection with their professional activities. The national affiliate 
of Reporters Without Borders reported that 3 journalists died in 
connection with their professional activities within the country in 
2003, and 34 were subjected to aggression and intimidation.
    On January 12, unknown assailants fired shots at Oleh Yeltsov, the 
editor of the investigative Internet newspaper ``Criminal Ukraine.'' 
Yeltsov said that the attack may have been linked to articles his 
newspaper published about corruption at Kiev University.
    On January 21, the media reported that journalist Maksym Birovash 
received threats to his life because of an article he published in 2003 
relating to the trafficking of Ukrainian women to Israel for 
prostitution.
    On August 19, unidentified attackers used Molotov cocktails to 
destroy an office at the independent Lviv newspaper Postup. The 
newspaper's editor said that the newspaper's coverage of two corrupt 
local officials, one of whom was allegedly involved in an illegal 
construction project in one of the Lviv's parks, likely prompted the 
attack. The police were continuing to investigate the incident.
    According to the Committee to Protect Journalists (CPJ), on 
November 29, unidentified men beat Yevgeny Savchenko, a correspondent 
for the newspaper Luhanchane in the city of Luhansk, when he tried to 
prevent them from taking another journalist's video camera at a local 
campaign rally. Assailants also beat reporter Anna Nizkodubova while 
she tried to telephone her editors at the Ukrainian News Agency to file 
a story from the same rally, according to local press reports.
    In July, Tatyana Goryacheva, editor of the independent newspaper 
Berdyansk Delovoi, was forced off the road by masked men who threatened 
to kill her if she continued her positive coverage of opposition 
presidential candidate Viktor Yushchenko. Goryacheva had been attacked 
in 2002 by unknown assailants who threw acid in her face, and again in 
2003 by unidentified men who threatened to kill her if she pressed for 
an investigation of the 2002 incident. At year's end there had been no 
further developments in these cases.
    In September, the Prosecutor General's office announced that 
Volodymyr Yefremov, former Director of the Dnipropetrovsk based 11th 
Channel and Regional Representative of Reporters Without Borders, 
``violated traffic safety rules'' and was to blame for the accident 
which killed him in July 2003. Some media claimed that Yefremov died 
under suspicious circumstances, as he claimed to be under police 
surveillance prior to his death, had received suspicious phone calls, 
and had expressed a fear of ``yet another tragic car accident.''
    There were no further developments in any of the other reported 
attacks on journalists from 2002 or 2003.
    On March 15, the media reported that President Kuchma had 
instructed the Prosecutor General's office, the Interior Ministry, the 
Tax Administration, and the Ministry for Emergency Situations to impose 
a moratorium on inspections of the media prior to the presidential 
elections. On March 16, the Parliament passed a similar resolution. 
Subsequently, the head of the Tax Administration instructed officials 
to suspend all tax inspections during the presidential election 
campaign period. However, media NGOs reported that the moratorium was 
not fully observed. For example, the media reported on October 5 that 
the tax police conducted 2 days of intense and intrusive inspections of 
the Presa Company, which sells the independent newspaper Vysoky Zamok 
at its kiosks in Lviv. In addition, the authorities ordered the 
independent newspaper Lvivska Hazeta to pay a large fine after it 
published a series of articles alleging corruption in the local tax 
administration.
    There were no further developments in the ongoing battle between 
the authorities and Volodymyr Boyko, editor of the Internet newspaper 
Obkom.
    In February, a judge ordered the closure of the pro opposition 
newspaper Silski Visti, for fomenting inter ethnic hatred by publishing 
at least two anti Semitic articles (see Section 2.c.). The authorities 
reportedly were seeking to close a number of other newspapers for 
similar reasons.
    The law prohibits the authorities from interfering with the 
professional activities of journalists and prohibits the establishment 
of any body to control media information; however, credible allegations 
continued to surface that the Presidential Administration gave media 
publishers specific instructions on events to cover and how to cover 
them, as well as subjects not to cover. These instructions, known as 
``temnyky,'' reportedly included instructions for the media to portray 
President Kuchma favorably and avoid discussion of events that cast 
doubt on his credibility. After the November 21 runoff of the 
Presidential elections, many journalists declared that they would no 
longer be guided by temnyky. Following the Orange Revolution, many top 
Ukrainian media watchdog organizations asserted that temnyky were no 
longer being issued to media organizations by the Government.
    The courts, as well as such mechanisms as health, fire, and safety 
inspections, were also used to intimidate the media for most of the 
year.
    The Government at times directed key businesses either to purchase 
advertising from regional television stations or to withdraw from 
advertising contracts, depending on the news coverage the stations 
offered.
    The influential National Council for Television and Radio 
Broadcasting, comprised of an equal number of Rada members and 
presidential appointees, issues licenses and allocates broadcasting 
time. Council decisions continued to show bias in favor of business 
interests closely allied politically with the Government. In March, the 
Parliament passed a resolution criticizing the Council for inadequately 
performing its duties.
    Policy and practice regarding licensing placed state owned channels 
at a competitive advantage. All broadcasters were required to obtain 
licenses, but private and foreign companies were required to obtain 
additional licenses in order to establish and operate their own 
transmission facilities. Nongovernmental broadcast media were therefore 
required to obtain two licenses one for a transmitter and one for a 
frequency. Moreover, although state owned and independent channels were 
subject to the same rates for the majority of broadcasting fees, the 
Government rarely enforced fee payments for state owned channels.
    Although a district court ruled in 2003 against the Council's 
decision to deprive the Kiev based television company UTAR of its 
license, the Court's ruling was not enforced during the year and UTAR 
remained off the air. The press had speculated that opposition leader 
Yuliya Tymoshenko provided financial support to the station and that 
the Council's decision had been politically motivated.
    Early in the year, the Government and its agents moved in a 
coordinated way to silence broadcasts by Radio Liberty (RL) ahead of 
key local and national elections. The media reported on January 20 that 
unnamed supporters of the pro government party SDPU(o) had acquired 
Radio Dovira, an FM station that was broadcasting RL's news and current 
affairs programs. The media reported that the editor of Presidential 
Chief of Staff Viktor Medvedchuk's newspaper ``2000,'' Serhiy Kichihin, 
was appointed editor of Radio Dovira and moved quickly to drop RL's 
programming. Kichihin claimed that the move was motivated by economics, 
not politics; however, opposition politicians and media watchdog groups 
disputed that assertion, calling the Kichihin's decision a clear effort 
to eliminate independent sources of information for Ukrainian citizens.
    On February 28, Radio Kontynent began re broadcasting RL 
programming; on March 1, the station announced that its signal was 
being jammed in Kiev. Radio Kontynent owner Serhiy Sholokh said that he 
had been warned by unnamed political forces not to rebroadcast RL. In 
late February, he fled the country fearing arrest and bodily injury. On 
March 3, Radio Kontynent's transmitter was turned off and its 
transmission equipment was confiscated. Government officials justified 
the confiscation by saying that since it did not have a license, 
Kontynent had been broadcasting illegally (a 2001 court decision to 
give its license and frequency to Radio Onyx remained under appeal, and 
Kontynent had been allowed to continue its broadcasts until it began to 
re-broadcast RL).
    According to multiple press reports, on March 13, the Zakarpatska 
Regional Transmitting Center (ZRTC) turned off the transmitters of the 
Television station M Studio, which generally supported the opposition, 
for failure to pay its debts. However, according to March 13 reports by 
Forum and Ukrainska Pravda, as well as March 18 and 23 stories in 
Ukraina Moloda, M Studio had no debts to ZRTC, while the state owned UT 
1 and UT 2 channels, which owed huge sums to ZRTC, continued to 
operate. M Studio was allowed to recommence broadcasting the day 
following the controversial April 18 Mukacheve mayoral election (see 
Section 3).
    An independent content analysis conducted in February by the 
Ukrainian Press Academy and the Sociology Institute of the National 
Academy of Science indicated that the news was increasingly politicized 
and primarily presented pro administration views. There was a marked 
imbalance in the coverage of candidates on national television and 
radio channels during the first and second rounds of the presidential 
election campaign (see Section 3). Opposition candidates received 
limited and often negative coverage at the national level; however, 
opposition candidates had more success in obtaining access to smaller 
local and regional television channels. The situation changed 
significantly for the better between the November 21 runoff election 
and the December 26 repeat runoff. The media, particularly the national 
television channels, covered both presidential candidates much more 
fairly and professionally.
    The Kiev based Independent Media Trade Union, formed in 2002 to 
resist censorship and protect journalists from job loss or other forms 
of harassment, played an important role in helping organize the 
``journalists' rebellion'' during the Orange Revolution, which led to 
more fair and professional coverage of the presidential campaign.
    Although there was no criminal penalty for libel, the use or threat 
of civil libel suits continued to inhibit freedom of the press, and the 
number of cases brought during the year reportedly increased. According 
to the media watchdog NGO, Institute for Mass Information (IMI), at 
least 15 libel actions were brought against the mass media and 
journalists during the year. Whether such a suit is successful or not, 
lower courts may order that a publication's accounts be frozen pending 
an appeal of a civil libel case, a step that can be financially ruinous 
for many publications. Government entities, in particular, used civil 
suits based on alleged damage to a ``person's honor and integrity'' to 
influence or intimidate the press. According to IMI, government 
entities initiated 90 percent of the suits brought during the year.
    The Civil Code, enacted during 2003 but implemented during the 
year, provides that negative information about a person is considered 
untrue unless the person who spread the information proves to the 
contrary. Journalists and legal analysts have expressed concern that 
this code had a negative impact on freedom of speech and the press.
    Despite laws that both limit the amount of damages that may be 
claimed in lawsuits for libel and free the press from responsibility 
for inoffensive, non factual, judgments, including criticism, the 
Office of the Human Rights Ombudsman indicated concern over the 
``astronomical'' damages awarded for alleged libel. For example, in 
January, the Odesa newspaper Pravoye Delo complained that it had been 
sued for libel in connection with articles it had published that were 
critical of police and the local security service. One of the suits was 
seeking approximately $38,400 (200,000 UAH) in damages.
    On April 23, pro-government representatives filed two libel 
lawsuits against the independent Internet news site Ukrainska Pravda. 
The suits sought approximately $3,846 (20,000 UAH) in damages, plus the 
immediate confiscation of the newspaper's assets in lieu of damages for 
several articles.
    On May 26, a lawyer with ties to the Presidential Administration 
and the editor of a pro government newspaper in Cherkasy filed a libel 
lawsuit against the opposition supporting newspaper Ukraina Moloda. The 
lawsuit demanded that the newspaper publish a retraction for a 
``libelous'' interview and pay compensation of approximately $1,921 
(10,000 UAH); the plaintiff also asked the court to freeze the 
newspaper's assets during the litigation. Ukraina Moloda maintained 
that the charges had no merit and that the spurious lawsuit was simply 
a government attempt to shut the newspaper down.
    The print media, both independent and government owned, sometimes 
demonstrated a tendency toward self censorship on matters that the 
Government deemed sensitive. According to a poll taken in 2003, many 
journalists believed that criticism of the president (71 percent), 
local authorities (69 percent), the Presidential Administration (68 
percent), or criminal organizations (77 percent) would result in 
negative consequences such as psychological pressure, economic 
sanctions, and physical attacks. Although private newspapers were free 
to function on a purely commercial basis, they were subject to various 
pressures, such as dependence on political patrons who could facilitate 
financial support from the State Press Support Fund and close scrutiny 
from government officials, especially at the local level. The 
dependence of some of the press on government patronage inhibited 
criticism, particularly at the local level. This type of pressure was 
particularly acute prior to, and during, the presidential election 
campaign and the first runoff.
    The SBU had broad powers over the media in regard to the 
publication of state secrets, which included information on executions, 
the physical state of prison infrastructure, and pretrial detention 
facilities; however, journalists reported that, in general, they were 
able to report about harsh prison conditions without any inhibition 
(see Section 1.c.).
    There were instances in which the authorities or ``unknown 
persons'' likely to have been associated with the authorities, 
restricted, banned, or destroyed some publications critical of 
governmental entities or officials. For example, on January 10, police 
in Zaporizhzhya detained a truckload of Bez Tsenzury newspapers that 
pro opposition elements had planned to distribute. Officials stated 
that the truck and its cargo were held pending the identification of 
the driver; however, it was alleged that one of the police officers 
involved said that the truck had been detained because the newspaper 
had published articles critical of President Kuchma.
    On February 26, in Brody, unidentified attackers broke into a 
warehouse and set fire to 5,000 copies of ``Narcissus'' and ``Time of 
Mean Power,'' books written by former M.P. Dmytro Chobit that were 
highly critical of Presidential Administration Chief of Staff Viktor 
Medvedchuk. On May 15, unidentified assailants burned down the printing 
facility of the company that published the books.
    In a September 18 article entitled ``Litsa Was Guillotined,'' the 
newspaper Dzerkalo Tyzhnya published the text of a statement by the 
Dnipropetrovsk branch of the SBU in which it complained about the 
``biased'' reporting of the independent newspaper Litsa and other 
newspapers, and indicated that the SBU had taken ``preventive 
measures'' against what it viewed as ``falsified reporting.'' According 
to the Dzerkalo Tyzhnya article, these measures included SBU efforts to 
intimidate Litsa's printers and, on September 14, the physical 
destruction of half of Litsa's 33,000 copy print run.
    The Government did not restrict access to the Internet; however, it 
had the ability to monitor all Internet publications and e mail (see 
Section 1.f.). Human rights observers remained concerned about the 
Government move in July, 2003, to take control of the country's domain 
suffix.
    While major universities were state owned, they operated for the 
most part under full autonomy; however, academic freedom was an 
underdeveloped and poorly understood concept. Nepotism and bribery 
reportedly were common during entrance exams and also influenced the 
granting of degrees. Administrators of universities and academic and 
research institute directors possessed the power to silence colleagues 
by denying them the ability to publish, withholding pay and housing 
benefits, and directly terminating them. Restrictions by the 
Communications Ministry on the mailing of scientific documents also 
caused concern. The SBU maintained offices for the protection of state 
secrets in state scientific and research institutes, including those 
not conducting any classified research. Private and religiously 
affiliated universities operated without any reported state 
interference or harassment.

    b. Freedom of Peaceful Assembly and Association.--The Constitution 
and law provide for freedom of assembly; however, there were instances 
when the authorities infringed upon this right. The Constitution 
requires that demonstrators inform the authorities of a planned 
demonstration in advance, and the law on public assembly stipulates 
that organizations must apply for permission to their respective local 
administrations at least 10 days before a planned event or 
demonstration. Under the law, demonstrators are prohibited from 
inciting violence or ethnic conflict and from calling for the violent 
overthrow of the constitutional order. In practice, unlicensed 
demonstrations were common. They generally occurred without police 
interference, fines, or detention, but there were some significant 
exceptions. During the massive nationwide demonstrations that followed 
the fraudulent November 21 presidential runoff election, the 
authorities generally respected the right of the people to peacefully 
protest. There were credible reports that unnamed senior Government 
officials ordered that force be used on November 28 to disperse 
protesters in Independence Square, but those orders were not carried 
out, reportedly because of a split in the security forces.
    The Donetsk municipal government banned a planned May 1 gathering 
of the opposition electoral bloc Our Ukraine. Officials claimed that it 
was illegal to conduct campaign events more than 120 days prior to the 
presidential elections, although other groups were permitted to hold 
similar events.
    On May 5, two aides to parliamentarian Volodymyr Filenko and an 
unnamed opposition journalist were detained on administrative charges 
by a court in Kharkiv for disrupting public order. Officials stated 
that they had staged an unauthorized demonstration in Kharkiv on May 1, 
protesting government policies.
    On August 6, police in Sumy Oblast, acting on direct orders from 
Governor Volodymyr Scherban, attacked a large group of students who 
were marching along a major highway to Kiev to protest the merger of 
three colleges in Sumy. An opposition M.P. who was on the scene said 
that police pushed students to the ground, kicked them, beat them with 
truncheons, and dragged at least 20 of them to waiting buses which took 
them to a police station. The students were later released. Opposition 
M.P.s called on the Government to dismiss the Interior Minister over 
the incident; however, the Government took no action.
    On August 12, in Dnipropetrovsk, local authorities used tractors 
and huge air compressors to disrupt a rally by Socialist party 
presidential candidate Oleksandr Moroz.
    On March 12, March 26, and October 10, the last four prisoners of 
the Ukrainian National Assembly/Ukraine People's Self Defense 
Organization (UNA/UNSO) convicted in connection with 2001 anti-
government demonstrations were released.
    The Constitution provides for freedom of association but this right 
was infringed, especially in the presidential election campaign. 
Registration requirements for organizations were extensive, but there 
were no reports that the Government used them during the year to 
disband legitimate organizations or prevent them from forming.
    The law places restrictions on organizations that are considered 
dangerous, such as those that advocate violence or racial and religious 
hatred or that threaten the public order or health. The Government had 
not identified publicly any group as ``dangerous'' by year's end; 
however, members of the Pora movement and some far right political 
organizations reported that they were subject to frequent harassment 
and surveillance by government authorities.
    Political parties must maintain offices in one half of the regions 
and may not receive financial support from the state or any foreign 
patron. In accordance with the Constitution, the law prohibits the 
establishment of political parties in the executive and judicial 
branches, military units, law enforcement organizations, state owned 
enterprises, and other public institutions; however, this prohibition 
often was ignored in practice. The Supreme Court reserves the right to 
ban any political party upon the recommendation of the MOJ or the 
Prosecutor General; however, no parties were banned during the year.
    Interference with freedom of association increased significantly in 
the campaign period before the October 31 presidential election and the 
November 21 runoff. For example, according to the Helsinki European 
Human Rights Union, on October 16, 17, and 18, police officers 
conducted unauthorized searches of the offices used by several youth 
and student organizations, including Pora and Student Wave. The 
searches were conducted on such pretexts as a search for explosives or 
investigation of reports that the organizations had been engaged in 
terrorism. A number of organization leaders were detained, although 
most were released within a few hours. Some of them later asserted that 
they had been questioned about, for example, the contents of 
publications they had distributed which were critical of the 
authorities.

    c. Freedom of Religion.--The Constitution and the law provide for 
freedom of religion, and the Government generally respected this right 
in practice. Religious groups of all beliefs flourished; however, there 
were isolated problems at the local level, at times as a result of 
local officials taking sides in conflicts between religious 
organizations. Some local officials at times impeded attempts by 
minority and nontraditional religions to register and buy or lease 
property.
    The Constitution and the law provide for the separation of church 
and state and there is no state religion; however, the UOC Moscow 
Patriarchate and the Ukrainian Greek Catholic Church tend to dominate 
in the east and west of the country, respectively. Local authorities 
often sided with the religious majority in a particular region, taking 
the side of the Ukrainian Orthodox Church (UOC) Moscow Patriarchate in 
many areas of the country, and supporting the Ukrainian Greek Catholic 
Church in the western part of the country.
    Under the law, all religions, faiths, and religious organizations 
are equal, and this provision was generally respected, although foreign 
missionaries associated with groups not legally described as 
``native,'' (i.e. not Orthodox, Greek Catholic, or Jewish) were subject 
to a few additional legal requirements that did not appear to affect 
their work during the year.
    Significant political influence at the local and regional levels 
was exerted by the UOC Moscow Patriarchate, which predominated in the 
south and east, the UOC Kiev Patriarchate, which was strong in the 
central and western regions, the Ukrainian Autocephalous Orthodox 
Church (UAOC), which was also strong in the central regions, and the 
Greek Catholic Church, which predominated in the west. Each of these 
churches, within its respective sphere of influence, reportedly 
pressured local officials to restrict the activities of the others. The 
UOC Kiev Patriarchate and the Ukrainian Greek Catholic Church 
complained of harassment by local authorities in the predominantly 
Russian speaking southern and eastern regions of the country. The UOC 
Moscow Patriarchate complained that local governments ignored the 
appropriation of its churches by Greek Catholics in the western region.
    A poll conducted in August by the All Ukraine Sociological Service 
found that 50.44 percent of the respondents who described themselves as 
believers considered themselves to be members of the UOC Kiev 
Patriarchate, 26.13 percent members of the UOC Moscow Patriarchate, 
8.02 percent Greek Catholic Church, 7.21 percent UAOC, 2.19 percent 
Roman Catholic Church, 2.19 percent Protestant, 3.2 percent other 
denominations, and 0.63 percent observe Jewish religious practices.
    The law requires all religious organizations and non secular 
institutions of education offering religious diplomas to register with 
the State Committee on Religious Affairs (SCRA). Registration is 
necessary to own property or carry out many economic activities, such 
as publishing religious materials and opening bank accounts. The UOC 
Kiev Patriarchate reported delays in the registration of its parishes. 
Some minority religious organizations reported that, particularly at 
the local or regional levels, officials of the SCRA delayed the 
registration of their organizations for extended periods.
    Representatives of the Progressive Jewish Communities claimed that 
local authorities and Chabad Lubavitch officials made statements 
against their community in the local press while the group was 
organizing communities in Dnipropetrovsk. The Progressive Jewish 
Community claimed not only that the Dnipropetrovsk Chabad Community 
opposed the registration of any Jewish community but itself in the 
region, but also that, under pressure from Chabad Lubavitch, it was 
denied registration in Dnipropetrovsk.
    Representatives of the Muslim community noted that they have been 
unable to register a community in Kharkiv for the past 12 years. 
Islamic community leaders expressed frustration with the Ministry of 
Education, which had yet to register a single Islamic school.
    The Government generally permitted religious organizations to 
establish places of worship and to train clergy. The Government 
continued to facilitate the building of houses of worship by allocation 
of land plots for new construction and through restitution of religious 
buildings to their rightful owners.
    Members of numerous religious communities encountered difficulties 
in obtaining land permits and building permits, particularly in Kiev; 
however, problems were not limited to religious groups.
    The clergy, religious preachers, teachers, and other 
representatives of foreign organizations who are foreign citizens and 
are in the country temporarily, may preach and perform religious rites 
or other canonical activities only in the services of the religious 
organizations who sponsored their visas and with the official agreement 
of the state agency that registered the sponsoring religious 
organization. There were no reports that the Government used this 
provision of the law to restrict the activity of religious 
organizations during the year.
    The law restricts the activities of ``nonnative,'' foreign based, 
religious organizations and narrowly defines the permissible activities 
of members of the clergy, preachers, teachers, and other non citizen 
representatives of foreign based religious organizations; however, in 
practice there were no reports that the Government used the law to 
limit the activity of nonnative religious organizations. In late 2003, 
there was one report that foreign religious workers, a pair of Islamic 
clerics, encountered difficulties obtaining visas.
    Denominational religious instruction is prohibited in the public 
school curriculum, but individual schools have the right to introduce a 
course in ``basic Christian ethics'' developed by the Government and 
the UOC Kiev Patriarchate. While the country's Jewish leaders also 
support the teaching of ethics and civics in school, they insist on a 
nonsectarian approach to this training. Schools run by religious 
communities may, and do, include religious education as an 
extracurricular activity.
    Government leaders demonstrated their commitment to religious 
pluralism by attending ceremonies of a wide range of faiths during the 
year. The Government was generally supportive of initiatives to erect 
an appropriate memorial, and possibly a heritage center, at Babyn Yar, 
the site of World War II atrocities against Jews and members of other 
minority groups.
    Outstanding claims for restitution remained among all of the major 
religious communities. The Government continued to return properties 
expropriated during the Soviet era to religious groups; however, not 
all groups regarded the pace of restitution as satisfactory, and all 
major religious communities continued to have outstanding restitution 
claims. For example, on May 11, the Pope called on the Government to 
return former Roman Catholic churches to the Roman Catholic community. 
Intra communal competition for particular properties complicated the 
restitution issue for some Christian and some Jewish communities.
    On February 5, the Zhytomyr Oblast Archive returned 17 Torah 
scrolls to the local Jewish community. The Government returned a 
synagogue in Kharkiv, which in April was transferred to representatives 
of Progressive Jewish religious communities of the Kharkiv Region. In 
May, the Government returned the former residence of Catholic Bishop in 
Lviv for use by the Roman Catholic Church. Some groups asserted that 
restitution generally was progressing satisfactorily, although others 
that did not receive property reported a lack of progress.
    There were acts of anti Semitism during the year. On July 11, a 
rabbi was assaulted near Kiev's Brodsky Synagogue, according to a July 
12, 2004 report by the MIGnews.com news web site and the July 14 
edition of the newspaper Fakti. Rabbi Chaim Pikovsky was walking to the 
synagogue on July 11 dressed in traditional Orthodox Jewish clothing. 
According to the police, at least one unidentified ``hooligan'' 
approached Pikovsky, insulted him, and then struck him. According to 
Pikovsky's lawyer, the police investigated the attack and detained a 
suspect; that suspect was later released because of a lack of evidence.
    On August 24, two rabbis were attacked in central Odesa by three 
men who witnesses say were obviously drunk. The rabbis fought off their 
assailants with the help of some bystanders. Police captured one of the 
alleged perpetrators, who while being interrogated told police he 
wanted to kill Jews. At year's end, police were still searching for the 
other assailants.
    At the end of August, Chaim Dubnov, a Donetsk yeshiva student, was 
walking with his family in the center of Donetsk when a group of youths 
chanting anti-Semitic insults surrounded them, knocked Dubnov to the 
ground and kicked him several times. He was hospitalized with head 
injuries. According to Jewish community leaders in Donetsk, the police 
were continuing to investigate the attack at year's end.
    On August 8, police told the media that 26 gravestones were 
vandalized in the Jewish section of the Donetsk Oblast. Police caught 
the perpetrator, who told police he overturned the gravestones looking 
for metal brackets to sell for scrap. On August 20, it was reported 
that 15 more gravestones in the same cemetery were vandalized. The 
number ``666'' (according to some, a Biblical mark of Satan) had been 
spray painted on some of the overturned gravestones. Local police were 
still searching for the perpetrators.
    At year's end, the trial of the pro opposition newspaper Silski 
Visti remained ongoing. The newspaper was appealing a lower court 
ruling, publicly endorsed by the Government, that it be closed for 
fomenting inter ethnic hatred by publishing at least two anti Semitic 
advertisements. At year's end, Silski Visti was still publishing 
normally.
    A dispute between nationalists and Jews over the erection of 
crosses in Jewish cemeteries in Sambir and Kiev remained unresolved 
despite mediation efforts by Jewish and Greek Catholic leaders.
    In December 2002, a local court ordered a halt in the construction 
of an apartment building at the site of an old Jewish cemetery in 
Volodymyr Volynsky. However, according to the Secretary of the 
Volodymyr Volynsky Municipal Council, apartment construction was 
completed during 2003 and most of the units were occupied. Local Jewish 
groups complained during the year that the SCRA continued to refuse to 
help resolve this dispute.
    Muslims often were subject to document checks by local police, 
particularly in Kharkiv and Poltava. They raised this issue with the 
Presidential Administration and the SCRA; however, there was no action 
by the SCRA by year's end.
    Evangelical Christian missionaries reported some instances of 
societal discrimination against members of their churches, such as 
public criticism for betraying native religions, although there were no 
reports of harassment.
    On May 18, President Kuchma signed a law that allows conscientious 
objectors to perform alternative service in lieu of serving in the 
military. The term of service for conscientious objectors is 27 months 
and for those drafted in the armed forces 18 months.
    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.
    Until November 2001, the propyska system a nationwide requirement, 
dating to the Soviet regime, that individuals register at the workplace 
and place of residence in order to be eligible for social benefits 
remained in place; access to certain social benefits was limited to the 
place where one was registered. However, following the December 11, 
2003 passage of the law ``On The Freedom Of Movement,'' a new system, 
simply known as ``registration,'' was introduced during the year. Human 
rights groups stressed that the major difference between the new system 
and the propyska system is that a person may live, work, and receive 
services anywhere in the country (see section 1.f.).
    Police arbitrarily detained persons for extensive document checks 
and vehicle inspections (see Section 1.f.).
    Citizens who wished to travel abroad generally were able to do so 
freely. Exit visas were required for citizens who intended to take up 
permanent residence in another country, but there were no known cases 
of exit visas being denied to citizens during the year. The Government 
could deny passports to individuals in possession of state secrets, but 
those denied had the possibility of appealing.
    The Constitution prohibits forced exile and the Government did not 
employ it.
    Under the terms of the Citizenship Law, refugees may acquire 
citizenship if they have lived legally in the country for 3 years 
(instead of 5 years for other foreigners) and are able to communicate 
in the Ukrainian language. Refugees are not required to document the 
termination of their previous citizenship unless the Government has 
signed a specific agreement with the country of previous citizenship 
mandating such a procedure; they must only notify the authorities of 
their rejection of foreign citizenship. Since independence, more than 
1.5 million persons have returned to the country, while more than a 
million persons, mostly ethnic Russians, have left the country.
    Citizenship law facilitates the acquisition of citizenship by 
Crimean Tatars, who were deported victims of political oppression, by 
waiving some of the usual residence and language requirements. More 
than 260,000 Crimean Tatars have returned from exile to Crimea, mainly 
from Central Asia. According to the U.N. High Commission for Refugees 
(UNHCR), approximately 98 percent of the Tatar returnees have acquired 
citizenship, although Tatar representatives criticized aspects of the 
resettlement process (see Section 5).
    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), but it granted 
refugee or asylum status infrequently.
    The law entitles refugees to all of the benefits accorded to 
citizens, and the Government generally complied with these 
entitlements. It also provides that temporary refugee status may be 
granted for 1 year; this status is reviewed annually by migration 
service officers at the refugee's place of residence. The Government 
cooperated with the UNHCR and other humanitarian organizations in 
assisting refugees and operated refugee reception centers in Vinnytsya 
and Odesa.
    According to UNHCR officials, the biggest obstacle to the 
implementation of the Government's commitments to the protection of 
refugees is that authorities strictly apply the requirement that 
applicants for refugee status apply within 3 working days of their 
entry into the country. This led the authorities to refuse to initiate 
asylum procedures for 70 percent of all asylum seekers. As a result, 
they remained undocumented and faced arrest, detention, and 
deportation.
    UNHCR reported that, as of June, there were approximately 2,700 
refugees in the country, most of them from Afghanistan and Chechnya. 
According to the State Committee for Nationalities and Migration, in 
2003 the Government received 1,215 applications for refugee status. The 
authorities refused to accept 857 of those applications; 429 applicants 
were permitted to begin the asylum process. Refugee status was granted 
to 56 individuals; 144 were turned down. The remaining cases were under 
review as of October.
    Police harassment of refugees with dark skin, and, to a lesser 
degree, Asians, continued during the year. In 2003, such harassment 
included at least one severe beating. The UNHCR issued beneficiary 
cards to persons it recognized as refugees. Presentation of this card 
to law enforcement authorities reportedly led to some reduction in 
harassment, although this procedure did not help the large numbers of 
unrecognized refugees. The UNHCR continued to hold training seminars 
for judges, border guards, and other law enforcement personnel that 
focus on preventing such behavior.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The Constitution provides citizens with the right to change their 
government peacefully through periodic elections; however, this right 
was restricted during the year by the authorities, who engaged in many 
forms of manipulation of presidential, parliamentary, and local 
elections. In most of these contests, candidates opposing the 
Government faced administrative obstacles, efforts to discourage 
sympathetic media coverage of the opposition, interference in their 
organizational activities, and, in the case of the Mukacheve mayoral 
election in April, physical intimidation and theft of ballots by hired 
thugs. Political manipulation was particularly notable in the October 
31 presidential election and the November 21 runoff; however, a repeat 
runoff vote on December 26, which followed the Supreme Court's 
invalidation of the first, was judged by reputable international 
observers, including the OSCE, to have been a significant improvement.
    The Constitution provides for universal suffrage for citizens at 
least 18 years of age and for elections every 4 years for the Rada and 
every 5 years for president. The Rada is elected partially according to 
proportional representation and partially by direct constituency 
mandate.
    The authorities placed a variety of obstacles in the way of the 
opposition Our Ukraine bloc and its leader, Viktor Yushchenko, 
restricting his access to media coverage and limiting his ability to 
campaign for the October 31 and November 21 rounds of the presidential 
election (see Section 2.b.).
    The OSCE observer mission noted serious flaws in the first round of 
voting for president, including a strong media bias, problems with the 
voters' lists, which excluded up to 10 percent of voters, and 
administrative pressure on students, government, and state enterprise 
employees. In the second round held between the two frontrunners, 
observers noted massive and systematic fraud through the abuse of 
mobile ballot boxes, absentee ballots, which were cast in exceeding 
high numbers, and ballot stuffing, as well as previously cited 
problems. The Supreme Court invalidated the results and ordered a 
revote set for December 26. In order to reduce the scope for fraud, the 
Parliament and President cooperated to amend the presidential election 
law to limit absentee and mobile ballot voting, and appointed a new 
Central Election Commission. The December 26 revote was judged by 
reputable international observers, including the OSCE, to have 
reflected the will of the people and brought Ukraine substantially 
closer to meeting international standards for free and democratic 
elections.
    Corruption was rampant in the executive, legislative, and judicial 
branches of the Government. According to one survey, 80 percent of 
respondents considered corruption to be one of the country's most 
serious problems, with 57 percent viewing the police, 34.4 percent the 
courts, and 30 percent the office of the Prosecutor, as corrupt.
    A U.N. Public Administration report noted that regulations 
governing business activities in Ukraine were excessive and ambiguous, 
which facilitated corruption. Corruption and nepotism figured in 
appointments to governmental positions. The report noted that the 
operations of the natural gas industry, and particularly the state 
owned gas monopoly, Naftohaz, were characterized by corruption. It 
suggested that ``the operations of Naftohaz, believed to reflect the 
overlapping interests of business, politics, and crime, are suspected 
of being the source of illicit income for government officials and 
President Kuchma.'' The sale of the massive Kryvorizhstal steel works 
to government-connected insiders for half of what other bidders had 
offered also raised serious questions about corruption.
    The Chairman of the Rada Committee on Combating Organized Crime and 
Corruption, Dr. Volodymyr Stretovych, has described corruption within 
the executive and legislative branches of government as a ``systemic 
disease.''
    The law provides public access to certain government information, 
usually through websites; however, Internet access was still relatively 
limited both in terms of technology and overall number of users. 
Prominent government watchdogs, including former M.P. Inna Bogoslovska, 
noted that the Government posted information on the Internet only after 
important decisions were made. Information on the process by which the 
Government made important decisions usually was not available to the 
public. However, Bogoslovska noted that local governments were 
relatively more transparent than the national Government.
    There were 20 women in the 450 seat Rada. One woman held a 
ministerial post: Valentyna Dovzhenko, the Minister of Family, 
Children, and Youth. The 18 member Constitutional Court had 2 female 
members.
    The number of minority group members in the 450-seat Rada was not 
available. However, press reports indicated that the Rada included 
ethnic Russians, Bulgarians, Tatars, Armenians, Hungarians, Georgians, 
and Jews. There was one ethnic Russian in the Cabinet of Ministers.
    The representation of Crimean Tatars continued to increase in local 
and regional councils; however, Crimean Tatar leaders continued to call 
for changes in the electoral law that would allow them to achieve 
greater representation in the Crimean parliament. The Tatars, who 
comprise 13 percent of the population of Crimea, occupied 8 percent of 
the seats in the regional parliament and somewhat smaller percentages 
of political and administrative posts.
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 the views of NGOs; however, 
human rights and election monitoring groups reported that they faced 
many difficulties, including surveillance by the SBU.
    The Government's attitude toward many international NGOs, while not 
overtly hostile, was unwelcoming. For example, on May 21, Communist 
Party M.P. Valeriy Mishura, speaking at the urging of the Government, 
asserted in the Rada and to the press that most NGOs were foreign 
funded and ``interfered'' in domestic politics by working on behalf of 
the political opposition; he criticized the National Democratic 
Institute (NDI), the International Republican Institute (IRI), the 
Adenauer Foundation, the International Renaissance Foundation, the 
Eurasia Foundation, and Freedom House, among others. He claimed that 
some NGOs had trained young persons in how to stage ``Serbian and 
Georgian style anti government protests.'' Mishura was a member of an 
ad hoc parliamentary commission established in December 2003, to 
investigate foreign funded NGOs. Human rights observers among the 
reasons for the establishment of the commission was an effort by the 
Government to intimidate NGOs and discredit them in the eyes of the 
public and further stifle freedom of speech.
    The Government generally cooperated with international governmental 
organizations, including the U.N.
    The parliamentary Commissioner on Human Rights is a 
constitutionally mandated, independent, Human Rights Ombudsman. The 
incumbent, Nina Karpachova, was reelected in June 2003 to a second 5 
year term. The law provides the Ombudsman with unrestricted and 
unannounced access to any public official, including the President, 
unrestricted access to any government installation, and oversight of 
the implementation of human rights treaties and agreements to which the 
country is a party. However, the law provides no penalties for those 
who obstruct the Ombudsman's investigations and does not create 
sufficient enforcement authority for the Ombudsman. All citizens and 
residents may address their concerns to the Ombudsman, and the 
Ombudsman serves as an intermediary between citizens and the 
Constitutional Court, since citizens cannot address the Court directly 
(see Section 1.e.).
    The Ombudsman's office consisted of approximately 100 full and part 
time workers; however, according to the Ombudsman, underfunding of the 
office continued to hamper its activities. The Ombudsman continued to 
make the combating of trafficking in persons (see Section 5) and 
improving prison conditions major priorities during the year.
    Citizens have the right to file appeals with the European Court of 
Human Rights (ECHR) about alleged human rights violations. In the first 
half of the year, the ECHR made rulings on seven Ukraine related cases; 
in six, violations of human rights were found.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The Constitution prohibits discrimination on the basis of race, 
sex, and other grounds; however, the Government did not enforce these 
provisions effectively due, in part, to the absence of an effective 
judicial system.

    Women.--Violence against women remained a serious problem. Spousal 
abuse is illegal but was common, and the authorities often pressured 
women not to press charges against their husbands. For example, a 2000 
study by the Institute of Sociological Research, the latest major study 
of its kind, reported that 12 percent of women under the age of 28 had 
been victims of domestic violence.
    According to the Ministry of Internal Affairs, between January and 
June 2003 (the latest period for which statistics were available), 
137,323 domestic violence complaints were made to Ukrainian law 
enforcement agencies. During that same period, 15,917 people were 
charged with breaking the Law on Prevention of Domestic Violence; 
15,000 of these cases involved physical abuse of a victim. In addition, 
as of June 2003, 23,786 people had been issued first time official 
warnings in connection with domestic violence allegations; 3,268 had 
been issued second time warnings.
    Violence against women did not receive extensive media coverage 
despite the efforts of human rights groups to highlight the problem. 
State run hot lines, shelters, and other forms of practical support for 
victims of abuse were few. Municipal authorities in Kiev ran a women's 
center, the only municipally supported shelter in the country. NGOs 
attempted to provide services for abused women through the 
establishment of women's support centers in nine cities. In the spring, 
the Government opened 13 new rehabilitation centers for battered women.
    The Criminal Code prohibits rape and ``forced sex with a materially 
dependent person,'' which may allow prosecution for spousal rape. While 
statistics compiled by the U.N. Development Program (UNDP) showed that 
the number of reported rapes and attempted rapes had decreased over the 
previous few years, surveys indicated that the majority of rapes and 
other cases of physical abuse went unreported. Past surveys by women's 
groups indicated that between 10 and 15 percent of women had been raped 
and that more than 25 percent were abused physically in their 
lifetimes. The International Helsinki Federation for Human Rights 
reported in 2000 that 20 percent of women aged 17 to 21 had faced 
attempted rape.
    Trafficking in women for sexual exploitation was a serious problem 
(see Section 5, Trafficking).
    Women's groups reported that there was widespread sexual harassment 
in the workplace, including coerced sex. Apart from the law that 
prohibits forced sex with a ``materially dependent person,'' which 
applies to employees, legal experts regarded the safeguards against 
harassment as inadequate.
    Human rights observers and women's groups stated that 
discrimination against women continued to be a common problem in the 
workplace. The Government and private businesses regularly specified 
the gender of employees in their help wanted advertisements, and 
employers frequently demanded information about a woman's family 
situation and subsequently used it to deny employment to women who were 
likely to become pregnant. Physical appearance and age were often taken 
into account in employment decisions involving women.
    Labor laws establish the legal equality of men and women, including 
equal pay for equal work, a principle that generally was observed; 
however, industries that were dominated by female workers were also 
those with the lowest relative wages and the ones that were most likely 
to be affected by wage arrears problems. According to the UNDP's report 
on gender issues, women's monthly wages in 2002 were 30.7 percent lower 
than the average monthly wages for men. Labor market analysis conducted 
by the International Labor Organization (ILO) in 2002 indicated that 
unemployment levels for men and women did not differ significantly.
    Many women's rights advocates expressed concern that the law 
prohibiting the employment of women in jobs that are hazardous to their 
health might be used to bar women from the best paying blue collar 
jobs. By law, pregnant women and mothers with small children enjoy paid 
maternity leave until their children reach the age of 3 years. This 
benefit was cited as a disincentive for employers to hire women for 
high responsibility or career track jobs. However, approximately 49 
percent of the workforce consisted of women.
    Few women held top managerial positions in state and private 
industry. During Rada hearings on June 9, Minister of Family, Children 
and Youth Valentyna Dovzhenko stated that women held only 3 percent of 
the highest, ``first category,'' positions in the Government's ``power 
ministries'' the Ministries of Defense, Internal Affairs, Foreign 
Affairs, and the SBU. However, they were better represented in lower 
management positions; according to government statistics, at the end of 
2002, 75 percent of the country's approximately 216,949 civil servants 
were female (162,682), including 60.5 percent of those in managerial 
positions.
    Educational opportunities for women generally continued to be equal 
to those enjoyed by men; however, the Government limited the number of 
women permitted to receive military officer training to 20 percent of 
the total number of students accepted. In addition, the military forces 
limited the functions of women, which reduced their chances for 
promotion and training opportunities; women in the military generally 
occupied low paying, routine positions.

    Children.--The Government was publicly committed to the defense of 
children's rights, but budgetary constraints severely limited its 
ability to ensure these rights. There were few government bodies or 
NGOs that aggressively promoted children's rights, although the 
Ombudsman spoke publicly on the need to provide for youth.
    Education was free, universal, and compulsory until the age of 15; 
however, the public education system has deteriorated as a result of 
the Government's financial disarray. Teachers were usually paid their 
salaries during the year, but other monetary benefits due them were not 
paid in some localities. Increasing numbers of children from poor 
families dropped out of school, and illiteracy, which previously was 
very rare, was a problem. Of the nearly 6.5 million children attending 
school during the 2003 04 school year, approximately 3.2 million were 
girls and 3.3 million were boys. The All Ukrainian Committee for the 
Protection of Children reported that lack of schooling remained a 
significant problem among the rural population. The problem of growing 
violence and crime in and outside of schools persisted, particularly in 
the notoriously violent vocational schools, and discouraged some 
children from attending school.
    Health care was provided equally to girls and boys, but the overall 
quality of the health care system was poor.
    Violence and abuse against children remained a problem. The ``Voice 
of Ukraine'' newspaper reported on January 27 that, according to a poll 
conducted by the State Institute of Family and Youth, 43 percent of 
minors said that they had been victims of some form of violence. During 
2003, 300 criminal cases were opened against parents for neglect of 
parental duties. The majority of complaints of abuse of children 
related to child prostitution, pornographic video sales, and child 
molestation. The Interior Ministry reported that during the year, 6,200 
parents received administrative sanctions, predominantly in the form of 
fines, for abusing their children.
    Trafficking in children and commercial sexual exploitation was a 
serious problem (see Section 5, Trafficking).
    Child labor was a problem (see Section 6.d.).
    The number of homeless children, usually children who fled poorly 
maintained orphanages or poor domestic conditions, remained high. 
According to the Ministry for Family, Children, and Youth, the 
Government identified 2,600 homeless children in 2003. Deteriorating 
conditions in the state orphanages has led the Government to encourage 
families to provide foster homes for orphans and to facilitate the 
establishment of family orphanages, where the parents are paid a 
salary, the state financially supports the children, and a house or 
apartment is provided. According to officials, 1,400 children were 
living in family orphanages during 2003.
    In February 2003, President Kuchma signed a decree that established 
a national program aimed at addressing the problem of homelessness 
among children. The program established a country wide hotline for 
children in the Ministry of Family, Children and Youth. During the 
first 6 months of the year, the hotline received 3,772 calls. The 
program has also increased the Government's cooperation with UNICEF to 
improve socio legal support for children and prevent homelessness; the 
Government signed several agreements with UNICEF during the course of 
the year to help achieve those goals.

    Trafficking in Persons.--The law prohibits trafficking in persons; 
however, trafficking in men, women, and children remained a significant 
problem. There were reports that local officials abetted or assisted 
organized crime groups involved in trafficking.
    The law provides for penalties of generally 3 to 8 years' 
imprisonment for trafficking in human beings, including for sexual 
exploitation, pornography and forced labor. Under some circumstances 
for example trafficking of minors ages 14 to 18, or of groups of 
victims traffickers may be sentenced to prison terms from 5 to 12 
years, and traffickers of minors ages up to 14 or members of organized 
trafficking groups may be sentenced to terms from 8 to 15 years.
    The Government continued to investigate and prosecute suspected 
traffickers. According to statistics supplied by the Ministry of 
Interior, 202 cases were filed against traffickers during the first 8 
months of the year involving 101 suspected traffickers and 195 victims, 
including 6 minors. The authorities broke up 14 organized criminal 
rings involved in human trafficking during the first 8 months of the 
year. During the first 6 months of the year, the security services 
announced that they had closed off 20 human trafficking channels and 
initiated 21 trafficking cases. During the same period, at least 30 
criminal cases were brought to court and 42 defendants were sentenced 
on trafficking related charges; 24 were given suspended sentences, 15 
people were imprisoned to 2 to 8 year terms, and travel restrictions 
were imposed on 3 others.
    The Ministry of Internal Affairs, with its special anti trafficking 
units at the national and oblast levels, was the primary agency to 
combat trafficking internally, while the Security Service became 
involved once a foreign link was identified. The Ministry's special 
units were active but also were often tasked to work on cases involving 
crimes other than trafficking.
    The Government reported that it regularly reviewed the licenses of 
domestic employment agencies. In a limited number of cases during the 
year, the Ministry of Social Policy and Labor withdrew agency licenses 
because of involvement in trafficking.
    The Government sought to cooperate with foreign governments to the 
investigate and prosecute trafficking cases; however, efforts were 
hampered by a number of factors, including insufficient investigative 
resources, the reluctance of victims to give evidence against 
traffickers, and a lack of cooperation from officials in destination 
countries. During the first 6 months of the year, the authorities 
deported 34 individuals for complicity in human trafficking.
    The country remained a country of origin for internationally 
trafficked men, women and children. The Ministry of Interior estimated 
that during the previous decade approximately 400,000 women were 
trafficked abroad. The main destinations were Russia, Turkey, Central 
and Western European countries, the United States, and the Middle East. 
There were also reports that women and girls were trafficked to 
Australia, Japan, Ethiopia and South Africa.
    The country also was increasingly a country of transit for 
individuals from Central Asia, Russia and Moldova. The International 
Organization for Migration (IOM) reported that, as of October 31, 111 
registered individuals from Moldova, Russia, Kyrgyzstan, Uzbekistan, 
Kazakhstan and Belarus had been trafficked through the country to 
Turkey, one person from Moldova had been trafficked to the United Arab 
Emirates, and one person from Uzbekistan had been trafficked to Israel. 
There were also reports that the country was a destination for 
trafficked women; for example, IOM reported that as of October 31, four 
individuals had been trafficked to the country from Uzbekistan.
    Men were mainly trafficked as construction workers and miners. 
Children who were trafficked across the border or within the country 
were forced to provide sexual services, engage in unpaid work, or beg. 
However, the overwhelming majority of trafficking victims were women, 
who were used as sex workers, housekeepers, seamstresses, and 
dishwashers. Trafficked women were also used to bear children for 
infertile couples.
    Estimates varied widely on the number of individuals seeking work 
abroad. Ombudsman Nina Karpachova estimated that over the past 2 years, 
2 to 7 million individuals had left the country in search of employment 
abroad. According to Karpachova, at least 5 million Ukrainians are 
engaged in seasonal work abroad in both legal and illegal employment 
status.
    Traffickers used a variety of methods to recruit victims, including 
advertisements in newspapers and on television and radio that offer 
jobs abroad with high salaries and promises of modelling contracts, 
marriage proposals, and trips through travel agencies. Traffickers 
often presented themselves as friends of other friends and deceived the 
relatives of potential victims. Most traffickers prosecuted were 
members of organized crime groups. The traffickers often paid for the 
processing of passports and travel documents for the victims, thus 
placing them into debt bondage. In some cases, the traffickers simply 
kidnapped their victims.
    Corruption in the judiciary and police impeded the Government's 
ability to combat trafficking. There were unconfirmed reports that 
local officials abetted or assisted organized crime groups involved in 
trafficking. NGOs reported that local militia and border guards 
received bribes in return for ignoring trafficking. There was no 
official data on government authorities receiving bribes from 
traffickers or otherwise assisting in their operations, but some law 
enforcement investigations of human trafficking have revealed abuses of 
power by governmental officials.
    From January to June, IOM helped 342 trafficking victims to return 
and reintegrate into society. From January 2002 to August 2004, the NGO 
La Strada assisted an additional 44 victims to return home and 
reintegrate. However, these victims represented only a small percentage 
of the total number of women trafficked abroad. Victims of trafficking 
were able to receive various types of assistance including medical, 
psychological, legal, job skills training, job placement, and micro 
credits. Psychological assistance was widely available through state 
institutions, but medical assistance was only available from shelters 
funded by international organizations and was not fully provided in all 
cases. The IOM office in Kiev, in cooperation with its missions in 
destination countries, provided return and reintegration assistance to 
victims. However, these organizations reported that the inadequacy of 
government assistance limited the support that could be extended to 
returning victims.
    The Government worked to improve assistance provided by its 
diplomatic missions to victims in destination countries. During the 
first 10 months of the year, the country's Consulates abroad identified 
276 missing citizens and helped repatriate 116 women who were victims 
of trafficking.
    The Government ordered rehabilitation centers to be opened in each 
of the 27 oblasts; however, the authorities did not fully implement 
this directive, primarily due to lack of funds. During the year, the 
Ministry for Family, Children, and Youth, in conjunction with IOM and 
with funding provided by the European Commission (EC), planned to open 
five shelters called ``Inter Regional Centers for Rehabilitation and 
Reintegration for Victims of Trafficking'' in five different oblasts; 
however, only two centers were opened by the end of the year, in Odesa 
and Lutsk.
    NGOs such as the domestic affiliates of La Strada and Winrock 
International offered some support services for victims of trafficking, 
but these groups also suffered from a shortage of funds.
    The IOM continued to operate a comprehensive medical center and 
shelter for victims of trafficking in Kiev. The center provided medical 
and psychological services, including vocational counseling, to 238 
individuals during the first 10 months of the year. Between January 
2003 and August 2004, the international NGO Caritas provided 47 victims 
of trafficking with reintegration assistance in their shelter. Also, 
Caritas established a network of counseling centers providing social 
services to trafficked women in Khmelnytsky, Ivano Frankivsk, Sokal, 
and Drohobych. These centers, as well as additional NGOs funded by IOM, 
also played an important role in facilitating good relations and 
cooperation between victims, communities and law enforcement 
organizations in addressing trafficking issues.
    Although 195 victims testified against traffickers during the year, 
victims often were reluctant to seek legal action against traffickers 
out of fear of reprisals, unwillingness to tell their stories publicly, 
and lack of trust in law enforcement agencies. Societal attitudes 
toward trafficking victims continued to stigmatize victims, deterring 
women from pursuing legal action against traffickers. In addition, law 
enforcement officials did not provide sufficient protection to 
witnesses.
    With foreign government assistance, the help of local 
administrations, and their own resources, local NGOs opened nine 
regional trafficking prevention and women's support centers during the 
year in Donetsk, Lviv, Dnipropetrovsk, Chernivtsi, Kherson, Rivne, 
Odesa, Ternopil, and Zhytomyr. The centers operated telephone hotlines 
and served as referral centers for health, legal, and psychological 
counseling.
    NGOs also operated hotlines in Luhansk, Odesa, Kharkiv, Ternopil, 
Uzhhorod, Mykolayiv, Chernivtsi, Zhytomyr, Kherson and Sevastopol. 
During the first 6 months of the year, La Strada's national toll free 
hotline received 3,262 calls, 86 percent of which concerned 
consultation on working abroad. Winrock International reported 2,282 
calls to its hotlines during the first 4 months of the year; nearly 20 
percent were related to trafficking.
    Government cooperation with NGOs on trafficking issues was steady 
during the year. Local administrations continued to include NGOs as 
partner organizations in their regional action plans. The Inter 
Ministerial Coordination Council for Combating Trafficking in Persons, 
chaired by a Deputy Prime Minister, failed to meet during the year or 
in 2003. To energize the process, a decision was taken by the Cabinet 
of Ministers to designate the Minister of Family, Children and Youth as 
the Chair of the Council. She convened the first interagency meeting on 
October 1. In addition, the Parliamentary Committee to Combat Organized 
Crime and Corruption held two roundtables concerning the issue in 
cooperation with local and international NGOs.
    During the year, several television stations broadcast documentary 
films and informational programs highlighting the danger of 
trafficking. Additionally, several international roundtable discussions 
and conferences on trafficking were held in Kiev. NGOs conducted 
general awareness campaigns throughout the country, often in 
cooperation with government entities.

    Persons With Disabilities.--The law prohibits discrimination 
against persons with disabilities in employment, education, access to 
health care, or in the provision of other state services; however, the 
Government did little to support programs designed to increase 
opportunities for persons with disabilities, and advocacy groups 
maintained that there was societal discrimination against persons with 
disabilities. The law mandates access to buildings and other public 
facilities for persons with disabilities; however, the law was poorly 
enforced.
    Legally mandated levels of employment of persons with disabilities 
at state enterprises were not observed. There were only five special 
vocational schools for persons with disabilities. As a result, 
according to 1 NGO, approximately 7,000 children with disabilities 
received an incomplete secondary education. The Government continued 
its efforts to raise the profile of athletes with disabilities.
    The Government supported the efforts of the NGO Parostok to involve 
individuals with disabilities in politics and to help ensure that they 
were able to cast votes at polling stations on Election Day. This 
effort was particularly notable in Vinnytsya.

    National/Racial/Ethnic Minorities.--The frequent harassment of 
racial minorities was a problem. The police routinely detained dark 
skinned persons for arbitrary document checks, whereas document checks 
of light skinned individuals were rare (see Section 1.d.). Although the 
authorities disciplined police who engaged in this harassment when 
incidents were brought to their attention, such behavior remained 
common. There were reports of racially motivated violence against 
persons of African and Asian heritage. Representatives of these groups 
claimed that police officials routinely ignored, and sometimes abetted, 
violence against them.
    Roma are located throughout the country, but there are 
concentrations in the Transcarpathian region, Crimea, and around Odesa. 
They continued to face considerable societal discrimination. Opinion 
polls have shown that among all ethnic groups, the level of intolerance 
is highest toward Roma. Roma continued to be subject to violence and 
abuse by police (see Section 1.c.).
    The Constitution provides for the ``free development, use, and 
protection of the Russian language and other minority languages''; 
however, some pro Russian organizations in the eastern part of the 
country complained about the increased use of Ukrainian in schools and 
in the media. They claimed that their children were disadvantaged when 
taking academic entrance examinations, since all applicants were 
required to take a Ukrainian language test. According to 2003 official 
statistics on languages used in schools, Ukrainian was the language of 
instruction in 16,532, Russian in 2,215, Romanian in 97, Hungarian in 
68, Moldovan in 9, Crimean-Tatar in 10, and Polish in 3.
    Ukrainian and Crimean Tatar minorities credibly complained of 
discrimination by the ethnic Russian majority in Crimea and called for 
the Ukrainian and Crimean Tatar languages to be given a status equal to 
Russian. Crimean Tatar leaders continued to call for changes in the 
electoral law that would allow them to achieve greater representation 
in the Crimean legislature (see Section 3).
    According to the UNHCR, 98 percent of the approximately 260,000 
Crimean Tatars who returned to the country from exile in Central Asia 
have received citizenship. However, Crimean Tatar leaders complained 
that their community has not received adequate assistance in resettling 
and that the previously onerous process of acquiring citizenship 
excluded many of them from participating in elections and from the 
right to take part in the privatization of land and state assets.
    Ethnic Romanians continued to call for university level instruction 
in Romanian or the establishment of a Romanian technical college.
    Rusyns (Ruthenians) continued to call for status as an official 
ethnic group in the country, noting that they are accepted as 
minorities in neighboring countries. Representatives of the Rusyn 
community have called for Rusyn language schools, a Rusyn language 
department at Uzhhorod University, and for Rusyn to be recognized as 
one of the country's ethnic groups. According to Rusyn leaders, more 
than 700,000 Rusyns live in the country.

    Other Societal Abuses and Discrimination.--A leading NGO that works 
to protect the rights of gays and lesbians reported that a law called 
``On Protection of Morals'' passed by Parliament in November 2003 was 
used to discriminate against homosexuals. For example, the law requires 
that newspapers containing gay and lesbian ads may only be sold if they 
are sealed in a hermetic package, and then only in specialized medical 
institutions that have a special license to treat individuals with 
sexual disorders. However, in practice, gay and lesbian ads appeared in 
many popular publications.
    On February 12, the Ombudsman's office received a complaint from a 
pair of gay men in Volynska Oblast who alleged that they were harassed 
by local police. The case remained open at year's end. On September 8, 
a gay man also died in suspicious circumstances in Kryvyy Rih while in 
police custody (see Section 1.a.).
    Persons living with HIV/AIDS faced discrimination in the workplace, 
job loss without legal recourse, harassment by law enforcement, 
prosecutorial, and judicial authorities, and social isolation and 
stigmatization within their communities.
Section 6. Worker Rights
    a. The Right of Association.--The Constitution provides for the 
right of most workers to join trade unions to defend ``professional, 
social and economic interests,'' and this right was generally respected 
in practice; however, certain categories of workers, such as nuclear 
power plant employees, are prohibited from joining trade unions.
    Under the Constitution, all trade unions have equal status, and no 
government permission is required to establish a trade union.
    Changes adopted in 2003 to the Law on Trade Unions granted unions 
the status of ``legal entities,'' requiring only that they supply a 
``notification of registration'' as opposed to requiring approval from 
the MOJ to be established. After a new trade union informed the MOJ 
that it had been formed, the MOJ was required either to provide a 
letter confirming the union's legal status or request additional 
supporting documents from the union. The MOJ could not deny any 
applications; however, union representatives claim the MOJ used 
repeated requests for additional documents as a delaying tactic. Some 
of the gains in freedom of association brought by the enactment of the 
2003 amendments were undone by the entry into force of a new Civil Code 
in January. The Civil Code reinstates the requirement that all legal 
entities, including trade unions, must register. The MOJ may deny 
registration if the union does not meet the requirements.
    In order to acquire national status, which allows a union to 
negotiate directly and sign agreements with government ministries and 
to address the Cabinet of Ministers and President, a union must either 
have branches in more than half of the administrative regions or have 
branches in more than half of the administrative regions where the 
enterprises of this sector are located. The Law on Citizens' 
Organizations (which includes trade unions) stipulates noninterference 
by public authorities in the activities of these organizations, which 
have the right to establish and join federations on a voluntary basis. 
There were both official and independent trade unions.
    The courts decided in two cases to declare the registration of 
trade unions invalid. In March, a Donetsk court canceled the 
registration of the independent trade union at the firm MC Azovstal, 
prompting the union's director to go on a hunger strike in protest. 
Also in March, the Deputy General Prosecutor filed a motion with the 
MOJ to invalidate the registration of the national trade union 
``Football Players of Ukraine.'' After lower courts issued 
contradictory rulings on the matter, it was brought before the Supreme 
Court, but was unresolved by year's end. Claiming that the courts were 
deliberately delaying its registration, the union in early December 
appealed to the ECHR in Strasbourg.
    Independent teachers unions came under severe pressure from the 
authorities throughout the year, especially since they were seen as 
unlikely to vote for the pro government candidate in the October 
December presidential elections. Beginning in March, local and national 
authorities began to assert that the teachers unions in Chernihiv 
province were disguised political organizations, which are banned in 
schools, rather than legitimate trade unions. Union organizers and 
members claimed they were harassed by authorities. Some teachers 
protested through hunger strikes, but by year's end 20 of the 79 locals 
of the teachers unions had disbanded. In Kirovohrad, the administration 
at nursery schools and daycare centers reportedly told teachers to 
leave the independent teachers union or lose their jobs. Despite hunger 
strikes, the mayor of Kirovohrad city allegedly had the union removed 
from its offices, and the union lost 1,000 members.
    All unions affiliated with the Federation of Trade Unions (FPU), 
which maintained strong ties to the Government and inherited assets 
from the official Soviet unions, as well as several new, independent 
labor unions, were registered. However, some independent unions, 
including the Independent Miners Union of Ukraine (NPGU) whose member 
unions represented a wide variety of trades and professions, chose not 
to register because the courts declared that the registration 
requirement was unconstitutional, since they became legal entities 
under the 2003 Law on Trade Unions. Although the FPU often coordinated 
its activities with the Government, it continued to work independently 
on some labor matters and advocated the right of workers to strike. The 
FPU has supported the protests of some professions over unpaid wages; 
however, most FPU affiliates worked closely with management. Enterprise 
managers were free to join the FPU. The FPU leadership has a political 
party, the All Ukrainian Party of Workers.
    Independent unions provided an alternative to the official unions 
in many sectors of the economy. At year's end, there were 106 
registered trade unions, including 42 traditional (FPU) and 64 new 
trade unions. According to the Confederation of Free Trade Unions of 
Ukraine (CFTU), 28 of the new trade unions were affiliated with the 
CFTU and the remaining 34 were affiliated with neither the FPU nor the 
CFTU. While exact membership figures were unknown, there were estimated 
to be fewer than 2 million non FPU members (down from 3 million in 
2002) and 12 million (down from 14.5 million in 2002) members of FPU 
affiliated unions. The drop in union membership was attributed to 
general apathy and cynicism regarding the benefits of union membership, 
as well as the fact that membership was no longer required for certain 
benefits, such as sick leave.
    Independent unions were denied a share of the former Soviet trade 
unions' huge property and financial holdings, particularly the social 
insurance benefit funds, a Soviet era legacy on whose boards FPU 
affiliated unions held the majority of seats. Independent trade union 
leaders complained that state representatives sought to influence union 
votes and pressure members to report on union activities.
    Independent trade union leaders reported an increase in harassment 
during the year, both by security forces and tax authorities. For 
example, in March, Andriy Volynets, the son of CFTU leader Mykhailo 
Volynets, was kidnapped and beaten in Kiev, suffering a concussion and 
brain hemorrhaging (see Section 1.c.).
    At the end of November, at the height of opposition demonstrations 
against the fraudulent runoff presidential election, Mykhailo Volynets 
and other opposition M.P.s occupied the FPU headquarters located on 
Independence Square and opened it to demonstrators. This occurred after 
FPU chief Oleksandr Stoyan (claiming to represent the views of the FPU 
membership) was reported to have encouraged President Kuchma to declare 
a state of emergency and impose martial law. An ``initiative group'' 
made up of the presidents of unions that belong to the FPU formally 
voted Stoyan out of office and voted to form a coordinating council 
including Volynets. However, in the meantime, the four FPU vice 
presidents allegedly sought to prevent the news of Stoyan's dismissal 
from reaching the membership, and Stoyan himself disputed the 
legitimacy of the initiative group's votes. Although Stoyan had not 
reported for work since being removed, at year's end there was no 
resolution to the leadership question.

    b. The Right to Organize and Bargain Collectively.--The law permits 
trade unions to organize and participate in collective bargaining; 
however, these rights were not always respected in practice. The 
Independent Miners Union continued to experience problems creating new 
branches of their organization. The authorities refused to recognize 
the union and continued unlawfully to require proof of registration for 
such functions as opening accounts, renting offices, and employing 
staff.
    According to the law, joint worker management commissions should 
resolve problems concerning wages, working conditions, and the rights 
and duties of management at the enterprise level. The law provides the 
right to collective bargaining; however, overlapping spheres of 
responsibility frequently impeded the collective bargaining process, 
and the manner in which the collective bargaining law was applied 
prejudiced the bargaining process against independent unions and 
favored the official unions (affiliates of the FPU). Most workers were 
not informed that they were not obligated to join the official union. 
Renouncing membership in the official union and joining an independent 
union could be bureaucratically onerous and typically was discouraged 
by management. The law allows an independent union to be removed easily 
from the collective bargaining process at the enterprise level. Under 
the law, if several unions at an enterprise fail to agree on joint 
representation, the larger union that is, the FPU represents labor in 
the bargaining process.
    The Law on Labor Disputes Resolution establishes an arbitration 
service and a National Mediation and Reconciliation Service to mediate 
labor disputes. According to official statistics, during the first 6 
months of the year, the service resolved 169 labor disputes, in which 
1.6 million employees from 6,649 enterprises were involved.
    The Constitution provides for the right to strike ``to defend one's 
economic and social interests,'' as long as strikes do not jeopardize 
national security, public health, or the rights and liberties of 
others; the Government generally respected this right. The law 
prohibits strikes that jeopardize life, health, or the environment or 
that might hinder disaster, accident, or epidemic related operations. 
The law does not extend the right to strike to personnel of the 
prosecutors' office, the judiciary, armed forces, security services, 
law enforcement agencies, the transportation sector, and public 
servants. The Law on Transportation does not allow strikes in the 
transport sector. Workers who strike in prohibited sectors may receive 
imprisonment of up to 3 years.
    Approximately 90,000 workers are employed in the country's 11 
export processing zones, particularly in mining and agricultural 
processing. Although labor laws are the same in these zones as 
elsewhere, the lack of new unions in the zones deprived workers of that 
option.

    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 and 
6.d.). Human rights groups described the widespread use of army 
conscripts in the alternative service for refurbishing and building 
private houses for army and government officials as compulsory labor.

    d. Prohibition of Child Labor and Minimum Age for Employment.--The 
minimum age for employment is 16; however, in certain non hazardous 
industries, enterprises may negotiate with the Government to hire 
employees as young as 15 with the consent of one parent. Children aged 
14 can legally work on a short term basis in the social sector and 
agriculture with the consent of one parent. The State Department for 
Monitoring Enforcement of Labor Legislation within the Ministry of 
Labor and Social Policy is responsible for enforcing child labor laws 
and was generally effective; however, some children under the minimum 
employment age worked in the informal sector.
    The Criminal Code prescribes up to 5 years in prison for involving 
children in criminal activities, drinking, begging, prostitution, 
gambling, or other exploitation. Children worked in the agricultural 
sector, and trafficking of children for the purpose of forced labor was 
a problem (see Section 5). Begging by children existed, although it was 
limited. During the first quarter of 2002, the latest year for which 
statistics were available, police identified almost 1,500 offenders for 
involvement in child labor, 111 of them for involvement in begging.

    e. Acceptable Conditions of Work.--Working conditions and pay 
levels improved along with the economy, but remained poor. In 
September, the Rada raised the minimum monthly wage from $39 to $45 
(205 to 237 UAH). A new minimum wage of $49 (262 UAH) was set in the 
2005 budget on December 23; however, the increase was not implemented. 
Minimum pensions also rose to approximately $13 (70 UAH). Pensioners 
also received a supplementary social benefit of less than $4 monthly 
(20 UAH). In August, the nominal average monthly salary (as opposed to 
the government declared minimum) was approximately $114 (604 UAH). The 
minimum wage did not provide a decent standard of living for a worker 
and family, as it was far lower than the legally established 
``subsistence level'' of $80 per month (423 UAH).
    While the government sector has repaid wage arrears in most areas, 
in some parts of the country teachers were not paid monetary benefits 
(back holiday pay and service bonuses) owed to them. Before the 
elections, the Government announced its intention to repay debts to 
teachers and raise their salaries. Although wage arrears decreased from 
$340 million (1.8 billion UAH) at the beginning of the year to $154 
million (818 million UAH) as of December 31, they remained substantial. 
Most wage arrears accumulated in industry (57.4 percent), agriculture 
(12.0 percent), and construction (10.1 percent). They remained a 
problem in the private sector (which includes large enterprises in 
which the State is a shareholder) and in the Donetsk region (coal 
sector) whose wage arrears accounted for 29 percent of the total amount 
in the country. The national pension system repaid all of its arrears 
during 2000. Average wages were not as low as these statistics suggest, 
since the untaxed and unreported shadow economy was estimated to 
account for 50 percent of total economic activity.
    The Labor Code provides for a maximum 40-hour workweek, a 24 hour 
period of rest per week, and at least 24 days of paid vacation per 
year. Stagnation in some industries significantly reduced the workweek 
for some categories of workers.
    The law contains occupational safety and health standards; however, 
these frequently were ignored in practice. In particular, illegal 
coalmines connected to organized crime and corrupt leaders operated in 
unsafe conditions, resulting in scores of deaths. Lax safety standards 
and aging equipment caused approximately 25,000 injuries on the job 
each year. During the year, 23,200 individuals were injured (1,648 
fewer than in 2003), including 1,163 job related fatalities (67 fewer 
than in the previous year). The number of miners injured in the coal 
sector was 9,218 (down from 10,845 in 2003), including 200 fatalities 
(compared with 217 in 2003). In the coal mining sector, it was 
estimated that, in the first 9 months of the year, there were 2.57 
deaths (down from 3.52 in 2003) for every million tons of raw coal 
extracted. Increased enforcement of safety regulations was a major 
factor in this reduction, although the numbers remain quite high.
    In theory, workers have a legal right to remove themselves from 
dangerous work situations without jeopardizing continued employment; 
however, independent trade unionists reported that, in practice, 
asserting this right would result in retaliation or perhaps dismissal 
by management.

                               __________

                             UNITED KINGDOM

    The United Kingdom of Great Britain and Northern Ireland (UK) is a 
longstanding constitutional monarchy with a democratic, parliamentary 
government. The most recent general election was held in 2001; a number 
of political parties participated in the election, and it was free and 
fair. The judiciary is independent.
    The Home Office is responsible for internal affairs in England and 
Wales, including the protection and security of the public. The 
Ministers of the Scottish Executive, who answer to the Scottish 
Parliament, have policy responsibility for law and order in Scotland. 
In Northern Ireland, the Police Service of Northern Ireland (PSNI) has 
responsibility for maintaining law and order. Civilian authorities 
generally maintained effective control of the security forces. Some 
members of the security forces committed human rights abuses.
    The diversified, market-based economy grew by 3.2 percent. Wages, 
supplemented by generous state benefits, kept pace with low inflation 
(1.2 percent) for most of the 59.6 million residents.
    The Government generally respected the human rights of its 
citizens; although there were some problems, the law and judiciary 
provide effective means of addressing individual instances of abuse. 
There were some complaints that individual members of the police and 
military occasionally abused detainees and other persons. Prison 
conditions remained a problem, including overcrowding and instances of 
mistreatment by prison officials. Asylum seekers, women, children, and 
ethnic minorities faced violence and discrimination, which the 
Government continued to combat. Trafficking of persons into the country 
remained a problem, which the Government took steps to address.
    Although most paramilitary organizations in Northern Ireland 
continued to maintain a cease-fire, killings and ``punishment attacks'' 
continued to occur in some areas under the influence of paramilitary 
groups. Some republican dissident groups committed acts of violence 
aimed at disrupting the peace process, particularly a series of arson 
attacks against commercial establishments at the end of 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 
politically motivated killings by the Government or its agents. Between 
January 1 and September 30, 40 persons died while being arrested by 
police or while in police custody; however, there was no indication 
that the deaths resulted from police misconduct.
    On December 8, Parliament's Joint Committee on Human Rights issued 
its inquiry into deaths in custody, calling for establishment of a 
cross-departmental expert task force to develop guidelines on how to 
prevent such deaths.
    On March 4, the Surrey Police released a ``final report'' 
concerning the 1995-2002 deaths by gunshot wounds of four soldiers at 
the Princess Royal Barracks, Deepcut. The army stated the deaths were 
suicides. In its report, the Surrey Police recommended that the 
Ministry of Defense (MOD) consider whether independent oversight could 
help the army ``define and maintain appropriate standards of care for 
young soldiers.''
    In April, the Government published reports, with some redactions on 
national security grounds, regarding allegations of government 
involvement, collusion, or culpability in four killings that took place 
in Northern Ireland. At the same time, the Government announced that it 
would hold judicial inquiries into three of the killings. In September, 
the Government announced that it would also hold a judicial inquiry 
into the fourth case, the 1989 killing of Pat Finucane. Some political 
parties and human rights groups have raised concerns that the 
Government may seek to limit the public scope of the four inquiries to 
avoid the exposure of potentially embarrassing information, especially 
in the Finucane case.
    In November, the Saville Inquiry into the events of ``Bloody 
Sunday'' (January 30, 1972) finished collecting testimony and heard 
closing statements. The Inquiry chairman and the two other judges began 
drafting their report (see Section 1.e.).
    The nongovernmental organization (NGO) British Irish Rights Watch 
(BIRW) reported that paramilitary groups were thought to be responsible 
for at least four killings in Northern Ireland from January 1 through 
September 30.

    b. Disappearance.--There were no reports of politically motivated 
disappearances.
    There were no developments in the May 2003 disappearance of Gareth 
O'Connor.
    The Commission for the Location of Victims' Remains, established 
jointly by the UK and Irish governments in 1999 to locate the remains 
of nine victims killed and secretly buried by the Provisional IRA in 
the 1970s, did not locate any bodies during the year.

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The law prohibits such practices; however, there were 
complaints that individual members of the police occasionally abused 
detainees.
    From April to year's end, 1,103 complaints against police were 
referred to the Independent Police Complaints Commission (IPCC).
    The IPCC investigated two police officers in Cheshire for allegedly 
raping a woman at a party and in a police car. The officers were placed 
on bail while the investigation continued. In Yorkshire, a police 
officer was suspended from duty while the IPCC investigated allegations 
that he sexually assaulted a woman, possibly while he was on duty. In 
both cases, the investigations continued at year's end.
    Between April 2003 and March, the Police Ombudsman for Northern 
Ireland received 4,196 allegations that led to 2,976 complaints of 
police abuse. Of the complaints, 37 percent concerned oppressive 
behavior. As of March 31, 2,799 complaint investigations were closed. 
The Ombudsman made 76 referrals for disciplinary action to the Chief 
Constable and referred 10 cases to the Director of Public Prosecutions 
for possible legal action.
    Surrey police were investigating an alleged gang rape from 10 years 
ago, and turned over to the army for investigation 172 allegations from 
anonymous, and sometimes ``untested and uncorroborated witness 
recollection'' involving hazing and mistreatment at Deepcut Barracks 
and other army training facilities.
    Both loyalist and republican paramilitary groups in Northern 
Ireland continued to intimidate or carry out killings or ``punishment 
attacks'' in areas under paramilitary influence. The attacks often were 
intended to maintain or extend the control of paramilitary groups in an 
area. The PNSI reported that, as of November 30, 218 ``paramilitary-
style attacks'' had occurred in Northern Ireland. Of these, 109 were 
shootings and 109 were beatings. In the past, human rights groups have 
stated that available statistics underreported the casualties because 
many victims were too intimidated to report the attacks.
    Prison conditions generally met international standards; however, 
instances of mistreatment by prison officials, overcrowding, and 
suicides occurred. As of July 2, there were 74,700 prisoners in England 
and Wales, according to the Prison Service. A July report by the Prison 
Reform Trust (PRT) warned that 91 of 138 prisons in England and Wales 
suffered from overcrowding. In October, the Chief Inspector of Prisons 
for Scotland also noted overcrowding was caused by record numbers of 
prisoners.
    In October, the Northern Ireland Human Rights Commission (NIHRC), 
an independent, government-funded body, criticized the conditions for 
female inmates at Mourne House, Maghaberry Prison, as failing to meet 
minimum ``duty of care'' standards. The Northern Ireland Prison Service 
Director General stated that conditions for female inmates improved 
substantially in June when they were transferred to a new facility; 
however, an NIHRC investigator said the transfer to the new facility 
failed ``to meet even the basic conditions required'' by the Prison 
Inspectorate.
    As of September, 70 prisoners in England and Wales committed 
suicide in jail. The PRT stated that the institutions with the highest 
number of suicides were generally the most overcrowded.
    In the prison system, women were held separately from men, 
juveniles from adults, and pretrial detainees from convicted prisoners. 
In addition, there were five mother and baby units in prisons in 
England and Wales, allowing mothers to keep their children with them 
while incarcerated.
    The Government permitted independent human rights observers and the 
media to visit prisons and immigration detention centers.

    d. Arbitrary Arrest or Detention.--The law prohibits arbitrary 
arrest or detention, and the Government generally observed these 
prohibitions. However, arrests may be made without judicial warrants, 
particularly in Northern Ireland. When police have reasonable cause to 
suspect wrongdoing, the law gives authorities broad powers of arrest, 
detention, and interrogation.
    In Great Britain, regional police forces (44 in England and Wales 
and 8 in Scotland) are responsible for maintaining law and order. In 
Northern Ireland, the PSNI has that responsibility. In some areas of 
Northern Ireland, because of the continuing threat of violence, army 
units reinforce the PSNI. There were approximately 12,600 British 
troops stationed in Northern Ireland, 800 fewer than in 2003.
    On April 1, the Parliament created the IPCC, replacing the Police 
Complaints Authority. The IPCC has its own body of civilian 
investigators with the power to investigate allegations of police 
misconduct completely separate from the police. The IPCC provides for: 
Involvement of the complainant in the investigation, openness in 
disclosing materials to the complainant, effective powers to order 
disciplinary charges be brought against police officers, and 
independence of the person carrying out the IPCC investigation.
    The law allows senior police officers to designate areas where 
police have exceptional power to stop and search pedestrians and 
vehicles whenever any uniformed police officer ``considers it expedient 
for the prevention of acts of terrorism.'' In July, a Home Office 
report showed that police stopped and searched Blacks and South Asians 
(a 302 percent increase between the 2001 and 2002 fiscal years) more 
regularly than Whites. The Government ordered a review of the 
application of relevant legislation, which was ongoing at year's end.
    Following an October 2003 British Broadcasting Corporation (BBC) 
documentary that included hidden-camera footage of police officers 
making explicitly racist statements, 10 officers resigned. The 
Commission for Racial Equality launched an investigation into racism in 
the police service. On June 14, the investigators released an interim 
report, making recommendations about screening of recruits, training 
for officers, and grievance procedures for affected employees.
    On December 14, the Morris Inquiry released its findings into 
allegations of racism within the Metropolitan Police, better known as 
Scotland Yard. The report concluded, ``statistics indicated clear 
disproportionality in the way black and minority ethnic officers are 
treated in relation to the management of their conduct. This represents 
a serious issue of discrimination.''
    Generally, police officers may only arrest persons if they have 
reasonable grounds for suspecting that someone has committed or is 
about to commit one or more listed ``arrestable offenses.'' Even if the 
crime in question is not an arrestable offense, a police officer may 
arrest a person without a warrant, provided the officer believes the 
arrest is necessary to prevent damage to property or physical injury. 
However, the law provides for certain exceptions related to terrorism, 
particularly in Northern Ireland.
    The law also provides law enforcement authorities with the power to 
detain for up to 48 hours without charge individuals suspected of 
having committed a terrorism-related offense. A court may extend this 
period for a maximum of 14 days.
    Detainees are allowed to make telephone calls and have legal 
representation. The law limits the amount of time that a suspect can be 
detained without a formal charge and requires that an inspector review 
the detention at set intervals to ensure that it is necessary and 
lawful.
    The Anti-Terrorism, Crime, and Security Act (ATCSA) allows for 
extended detention of foreigners suspected of being terrorists but who 
cannot be removed from the country immediately, due to concerns that 
they will be subjected to torture in their country of origin. Detainees 
have the right to appeal their certification, and all the detainees are 
free to leave the country at any time. On December 16, the Law Lords 
ruled that the ATCSA detention powers violated the European Convention 
on Human Rights, which has been incorporated into the law. The 
Government announced that the 11 individuals detained under ATCSA would 
remain in detention while Parliament and the Government decided how to 
respond to the ruling.
    Defendants awaiting trial have a statutory right to bail except 
when there is a risk that they would flee, commit another offense, or 
in other limited circumstances.

    e. Denial of Fair Public Trial.--The law provides for an 
independent judiciary, and the Government generally respected this 
provision in practice.
    There are several levels of courts. In England and Wales, most 
criminal cases are heard by Magistrates' Courts, which were managed by 
locally based committees. Their decisions may be appealed to the Crown 
Courts, which also hear criminal cases requiring a jury trial, or to 
the High Courts. Crown Court convictions may be appealed to the Court 
of Appeal, which may in turn refer cases involving points of law to the 
Lords of Appeal in Ordinary (the ``Law Lords''). The Law Lords, who sit 
in the House of Lords but are functionally distinct from the 
legislative body, constitute the country's final court of appeal. The 
Criminal Cases Review Commission operates as an additional appellate 
body in England, Wales, and Northern Ireland and considers cases after 
the judicial appeals process is exhausted, but where there is 
significant new evidence that casts doubt on the conviction.
    In Scotland, the High Court of Justiciary acts as a court of first 
instance for serious crimes such as rape and murder. The High Court 
also serves as an appellate body. There are 49 Sheriff Courts, which 
handle lesser crimes. Sheriff Courts have restricted sentencing power 
but can remit cases to the High Court for disposal if they so choose. 
District Courts sit in each local authority and handle crimes such as 
breach of peace, minor assaults, and petty theft. Civil matters can be 
handled in the first instance by either the Court of Session, which is 
the supreme civil court in Scotland, or by Sheriff Courts. The Court of 
Session also serves as the appellate court for civil matters. Decisions 
by the Court of Session can be appealed to the Law Lords in 
Westminster.
    The law allows for jury trials, except in England and Wales when 
the jury has been intimidated, when ``compelling new evidence'' arises 
after a previous acquittal, or when evidence of a defendant's previous 
misconduct (including previous convictions) is going to be introduced. 
In Northern Ireland, trials for certain terrorism-related crimes also 
do not allow juries. Defendants enjoy a presumption of innocence until 
proven guilty, the right to question witnesses against them, and the 
right of appeal to successively higher courts. Indigent defendants have 
the right to free counsel of their choice, with some exceptions.
    Criminal proceedings must be held in public except those in 
juvenile court and those involving public decency or security. In a 
trial under the Official Secrets Act, the judge may order the court 
closed, but sentencing must be public.
    There were no reports of political prisoners.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The law prohibits such actions, and the Government 
generally respected these prohibitions in practice.
    Warrants normally were required for a police search of private 
premises; however, a police officer may enter and search without a 
warrant ``any premises if he or she reasonably suspects a terrorist is 
to be found there.''
    A case brought by three NGOs--BIRW, Liberty, and the Irish Council 
for Civil Liberties--before the European Court of Human Rights in 2002, 
stating that the Government had intercepted their telephone calls to 
clients in Ireland without a warrant, remained suspended while the 
plaintiffs continued to argue their case in domestic courts and 
tribunals. In December, the Investigatory Powers Tribunal ruled that 
the Government's warrant system for intercepted communications between 
the United Kingdom and other countries was compatible with the European 
Convention on Human Rights.

    g. Excessive Force/Violations of Humanitarian Law in Internal and 
External Conflicts.--At year's end, court-marshals were underway for 
three British officers charged with abuse of Iraqi detainees in May 
2003.
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 secure freedom of speech and of the press.
    Unlike in the previous year, there were no reports that police 
detained journalists under the Official Secrets Act.
    In October, the Police Ombudsman for Northern Ireland criticized 
police searches conducted in 2003 at the home of journalists Liam 
Clarke and Kathryn Johnston and an office at the Sunday Times 
newspaper. The Ombudsman described the seizure of materials from the 
premises as being unlawful.
    The investigation into the 2001 drive-by shooting of Martin 
O'Hagan--the only journalist killed in Northern Ireland continued at 
year's end.
    The Government did not restrict access to the Internet.

    b. Freedom of Peaceful Assembly and Association.--The law provides 
for freedom of assembly, and the Government generally respected this 
right in practice.
    In Northern Ireland, the annual ``marching season'' posed problems, 
as residents in some Catholic communities perceived certain parades as 
threatening and provocative. The law grants responsibility for ruling 
on ``contentious'' marches to a Parades Commission, which may not ban 
marches, but may impose conditions, such as route restrictions. Of the 
approximately 3,300 notified parades between April 2003 and March, 231 
were considered contentious; the Parades Commission imposed 
restrictions on 162. According to the Parades Commission, the numbers 
of both contentious parades and restrictions imposed were affected by 
the notification of a Drumcree return parade virtually every week.
    On February 19, a high court ruled that the Gloucestershire Police 
unlawfully detained anti-war demonstrators aboard three buses en route 
from London to Fairford in July 2003. The court ruled that the police 
had been entitled to stop the protestors from causing a breach of the 
peace, but it was unlawful for the police to hold the group on the 
buses for the return journey to London.
    On September 15, 10,000 demonstrators gathered outside Parliament 
to protest the House of Common's efforts to outlaw foxhunting with 
dogs. Police struck some of the protestors with batons to keep them 
behind the police line. The Metropolitan Police reported that 17 
persons were injured: 16 protestors and 1 police officer. However, 45 
persons have filed complaints of police brutality with the IPCC. Of the 
1,000 police officers present, the IPCC warned 19 that they were being 
investigated. At year's end, independent investigators continued their 
research into this incident on behalf of the IPCC. IPCC investigators 
continued to interview over 100 witnesses and serve orders on 
television companies and newspaper photographers in order to obtain 
visual evidence.
    The law provides for freedom of association, and the Government 
generally respected this right in practice.

    c. Freedom of Religion.--The law provides for freedom of religion, 
and the Government generally respected this right in practice.
    There were two established churches: The Church of England 
(Anglican) and the Church of Scotland (Presbyterian). There were no 
established churches in Wales or Northern Ireland. Two Anglican 
Archbishops and 24 Bishops receive automatic membership in the House of 
Lords, while clergy from other faiths are not afforded this privilege. 
Other than in the House of Lords, membership in a religious group does 
not confer a political or economic advantage.
    The Government does not consider the Church of Scientology and the 
Unification Church as religions for the purpose of visas for ministers 
of religion or missionaries.
    In April, the Government dismissed Unification Church leader 
Reverend Sun Myung Moon's appeal of his exclusion from the country in 
May 2003.
    The law requires religious education in publicly maintained schools 
throughout the country. The shape and content of religious instruction 
is decided on a local basis and must be nondenominational and refrain 
from attempting to convert pupils. All parents have the right to 
withdraw a child from religious education, but the schools must approve 
this request.
    In addition, schools in England and Wales have to provide a daily 
act of collective worship, which may be waived if a school's 
administration deems it inappropriate for some or all of the students. 
Under some circumstances, non-Christian worship may be allowed. 
Teachers' organizations have criticized school prayer and called for an 
official review of the practice.
    While the majority of state-supported schools were Protestant or 
Roman Catholic, there were a number of state-supported Jewish and 
Muslim schools, as well as two Sikh schools, one Greek Orthodox school, 
and one Seventh-day Adventist school.
    The Community Security Trust (CST) recorded 532 anti-Semitic 
incidents during the year. Among these were 79 assaults, 4 cases of 
extreme violence, and 53 instances of desecration and damage to 
property. For example, on August 22, cemetery officials discovered the 
desecration of approximately 60 gravestones in a Jewish cemetery in 
Birmingham. Police charged two suspects with racially aggravated 
criminal damage, racially aggravated public disorder, and causing 
racially aggravated harassment, alarm, or distress.
    The number of anti-Semitic incidents in the country rose 
significantly during the year. Figures from Israel's Global Forum 
Against Anti-Semitism stated that 310 anti-Semitic incidents occurred 
in the country during the year, of which 77 were violent, as opposed to 
163 anti Semitic incidents in 2003, of which 55 were violent. Most of 
the incidents occurred near or at synagogues, some of which were set on 
fire or were targets of attempted arson.
    The law prohibits offenses aggravated by religious hostility and 
extends a prohibition against incitement to racial hatred to include 
cases where the incitement to hatred is directed against groups abroad. 
On October 19, police charged Abu Hamza al-Masri with 16 criminal 
offenses, including soliciting or encouraging the murder of Jews, 
inciting racial hatred, and possessing a document that contained 
information ``of a kind likely to be useful to a person committing or 
preparing an act of terrorism.'' At year's end, his trial was ongoing.
    According to the Forum Against Islamophobia and Racism (FAIR), 
approximately 85 incidences of Islamophobia occurred between January 
and November. On May 21, over 30 white ``skin heads'' attacked and beat 
2 Muslim teenagers in West Yorkshire, leaving 1 unconscious, while 
referring to them in racially derogatory terms.
    The Islamic community has criticized an increase in stops and 
searches (see Section 1.d.) and arrests of Muslims under recent anti-
terrorism laws, with only a handful of searches actually leading to 
arrests or convictions. In May, the Muslim Council of Britain reported 
a fear of the growing trend of ``institutionalized Islamophobia,'' 
alleging that the Muslim community faces increasing bias from police. 
In an Islamic Human Rights Commission poll released in December, 80 
percent of British Muslims (compared with 45 percent in 2000 and 35 
percent in 1999) said they had been discriminated against because of 
their faith.
    On December 14, police arrested the leader of the British National 
Party (BNP) on suspicion of incitement to racial hatred. His arrest was 
the twelfth following the July broadcast of a BBC documentary entitled 
Secret Agent in which BNP members were covertly recorded as they called 
Islam a ``vicious, wicked faith'' and admitted to their participation 
in racially motivated crimes. At year's end, the leader remained on 
police bail.
    The 1998 Good Friday Agreement aimed to create a lasting settlement 
to the conflict in Northern Ireland and a society based on consent, 
power sharing, equality of opportunity, and human rights. However, fear 
of inter communal violence has, over the years, contributed to a 
pattern of segregated communities in Northern Ireland. Many Protestant 
and Catholic families have moved away from mixed-religion or border 
areas.
    By November, the police in Northern Ireland reported approximately 
111 attacks against both Catholic and Protestant churches, schools, and 
meeting halls. Such sectarian violence often coincided with heightened 
tensions during the spring and summer marching season (see Section 
2.b.).
    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.
    There is no law prohibiting forced exile; however, 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; however, the 
Government limited this right for persons from ``safe countries of 
origin.'' 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. In 2003, approximately 7,210 persons were not recognized 
as refugees but were granted permission to remain in the country.
    The Asylum and Immigration (Treatment of Claimants, etc.) Act of 
2004 authorizes the Home Secretary to institute a list of safe 
countries of origin (or safe parts of certain countries) for particular 
classes of people. This is in addition to the Home Secretary's 
previously established authority to designate a list of safe countries 
for all residents therein. The Government considered asylum claims from 
such individuals as unfounded.
    The Act also casts doubts on the credibility of applicants who 
claim asylum in the country after having passed through a safe country 
of transit. Furthermore, the law permits asylum seekers to be removed 
to a third country deemed responsible for adjudicating an applicant's 
claim. Immigration NGOs such as the Refugee Council expressed concerns 
about these provisions of the law, as well as sections of the law that 
make it a criminal offense to attempt to enter the country without a 
passport and replace a two-tier asylum appeals process with a single-
tier Asylum and Immigration Tribunal.
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.
    The Government is formed on the basis of a majority of seats in the 
House of Commons, which are contested in elections held at least every 
5 years; the most recent elections were in 2001. The other chamber of 
Parliament, the appointed House of Lords, has the power to revise and 
delay, but not block the implementation of laws. Participation in the 
political process is open to all persons and parties. All citizens age 
18 and older may vote. Other elected bodies such as the Scottish 
Parliament and the Welsh Assembly have control over matters of regional 
importance, such as education, health, and some economic matters. 
Foreign affairs and defense continued to be the responsibility of the 
central government.
    The small number of remaining overseas territories had an aggregate 
population of approximately 190,000 persons. They enjoyed varying 
degrees of self-government based on the UK model, with appointed 
governors.
    The Freedom of Information Act of 2000 allows for public access to 
information held by public authorities in England, Wales, and Northern 
Ireland. The Freedom of Information Act (Scotland) of 2002 is expected 
to provide the same benefits for Scotland when it comes into effect on 
January 1, 2005.
    There were 119 women in the 659-seat House of Commons. There were 5 
women in the 23-member Cabinet. There was 1 woman among the 12 ``Law 
Lords'' (the country's equivalent of the Supreme Court). There were 13 
members of minorities in the 659 seat House of Commons and 2 members of 
minorities in the 23 member Cabinet. There were no minorities among the 
12 Law Lords.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    A wide variety of domestic and international human rights groups 
generally operated without government restriction, investigating and 
publishing their findings on human rights cases. Government officials 
were cooperative and responsive to their views.
    Although there was no autonomous human rights ombudsman, there were 
three government-instituted bodies that monitored human rights 
practices in England and Wales: The Commission for Racial Equality, the 
Disabilities Rights Commission, and the Equal Opportunities Commission. 
In addition, the Northern Ireland Human Rights Commission monitored and 
reported on human rights developments in Northern Ireland. Finally, 
Parliament has a Joint Committee on Human Rights.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The law prohibits incitement to racial hatred and discrimination on 
the basis of gender, disability, sexual orientation, race, color, 
nationality, or national or ethnic origin; however, some groups 
continued to experience societal discrimination.

    Women.--Violence against women continued to be a problem. According 
to the Home Office, two women per week died from domestic violence, 
which accounted for one-quarter of all violent crime. The Home Office's 
crime statistics for April 2003 through March show 12,319 rapes of 
women and 26,709 indecent assaults on women.
    Criminal penalties for rape (including spousal rape), sexual 
assault, and domestic violence are substantial, and these laws were 
enforced strictly. The law provides for injunctive relief, personal 
protection orders, and protective exclusion orders (similar to 
restraining orders) for women who are victims of violence. The 
Government provided shelters, counseling, and other assistance for 
victims of battery or rape and offered free legal aid to battered women 
who were economically reliant on their abusers.
    The law makes it a crime to practice Female Genital Mutilation, or 
to assist another person in its practice, either in the country or in 
another country. The extent to which the procedure took place was 
unknown, but NGOs reported that the practice continued in isolated 
incidents during the year.
    While prostitution involving consenting adults is not illegal, 
offenses such as loitering for the purpose of prostitution and 
maintaining a brothel are prohibited. Organized international gangs 
continued to traffic women into the country for exploitation in the sex 
industry (see Section 5, Trafficking). The law also prohibits child sex 
tourism and allows authorities to prosecute citizens or residents for 
offenses committed abroad. On June 2, a 66 year-old man was sentenced 
to 2 years in prison for attempting to incite a male under the age of 
16 to commit a sexual act and an act of gross indecency. The man had 
posted a message on an Internet site indicating he wanted to meet a 
young Sri Lankan. He then sent sexually explicit messages to an 
undercover child-protection officer in Sri Lanka who was posing as a 
15-year-old boy. Although the man's actions were not an offense under 
Sri Lankan law, authorities in London determined that he had violated 
British sex-tourism laws.
    The law prohibits sexual harassment and provides penalties of up to 
5-years' imprisonment for sexual harassment in public or in the 
workplace.
    The law provides for equal opportunity for the sexes; however, in 
practice, women experienced some discrimination. The Department for 
Trade and Industry's Women and Equality Unit reported that women's 
hourly earnings were, on average, 82 percent of men's. Of the 22,000 
positions in national public bodies, women held 34 percent; they held 9 
percent of the seats on the boards of the 100 largest companies on the 
London Stock Exchange.
    Women's issues were the responsibility of two Ministers for Women 
at the Cabinet level. The Government's Equal Opportunities Commission 
supported women who bring discrimination cases before industrial 
tribunals and courts and produced guidelines for employers. The Women's 
National Commission, an independent advisory body representing 300 
partner organizations, worked to ensure women's views were taken into 
account by the Government and heard in public debate.

    Children.--The Government was strongly committed to children's 
rights and welfare; it amply funded a system of public education and 
medical care and worked to prevent child abuse. The Government provided 
free, universal, and compulsory education until age 16 and further free 
education until age 18 if a student so desires. U.N. Educational, 
Educational, and Cultural Organization statistics indicated that 100 
percent of children of primary school age were enrolled in school, and 
over 90 percent of children of secondary-school age were enrolled.
    Child abuse remained a problem. As of March 2003, there were 32,736 
children on child protection registers, locally maintained lists of 
children whom social-services authorities judged to be at continuing 
risk of significant harm due to neglect, physical abuse, sexual abuse, 
or emotional abuse. Several NGOs and charities, the most prominent of 
which was the National Society for the Prevention of Cruelty to 
Children, campaigned for an end to child abuse and neglect.
    The Minister for Children coordinates government policy concerning 
children and young persons. In Scotland, the Minister for Education and 
Young People and the Minister for Communities oversee similar programs 
designed to protect and provide assistance to minors.
    The Sexual Offences Act 2003, which entered into force on May 1, 
criminalizes a greater number of acts related to the sexual abuse of 
children and strengthened the national sex offenders register, which 
aims to prevent recidivism among convicted wrongdoers. On October 22, a 
Lancashire man pled guilty to causing a child to engage in sexual 
activity. On November 26, a Haverhill man pled guilty to seven offenses 
under the new law and was sentenced to 3 years' imprisonment.
    Some children have been subjected to forced labor or trafficked 
into the country for sexual exploitation (see Section 5, Trafficking).
    The Armed Forces accept recruits from age 16. NGOs including the 
Child Soldiers Coalition and Amnesty International have criticized this 
practice.

    Trafficking in Persons.--The law prohibits trafficking in persons; 
however, trafficking in persons, particularly for sexual exploitation, 
remained a problem.
    The law prohibits trafficking in persons for the purposes of 
prostitution, sexual exploitation, organ harvesting, or forced labor. 
The Sexual Offenses Act of 2003, which came into force on May 1, 
criminalizes trafficking offenses by citizens and residents, whether 
committed in the country or abroad, and carries a maximum sentence of 
14 years' imprisonment.
    The Sexual Offenses Act of 2003 focused on issues of exploitation 
by coercers, pimps, and traffickers. The penalties for keeping a 
brothel were increased, and a new range of offenses for causing, 
inciting, and controlling prostitution for gain were introduced. 
Separate offenses were also introduced to combat the exploitation of 
children through prostitution, with severe penalties for causing, 
inciting, controlling, arranging, or facilitating the prostitution of a 
child. For the purposes of the Act, the offense can take place anywhere 
in the world. The Act also criminalizes the buyer, with the new offense 
of paying for sexual services of a child.
    The ``Reflex'' Task Force, which brings together agencies that 
combat trafficking and migrant smuggling in persons, reported that the 
authorities have been responsible for 38 disruptions of criminal gangs 
and 38 convictions for organized immigration crime between April 2003 
and March. In the first 6 months of the year, there were 18 disruptions 
and more than $1,800,000 (1,000,000 pounds) of assets seized.
    In April, the Court of Appeals, at the Government's request, 
increased convicted trafficker Luan Plakici's sentence to 23 years' 
imprisonment for seven counts of kidnapping, procuring, living on 
immoral earnings, and facilitating the entry of illegal immigrants.
    In July, Kinsley Ojo, arrested as a result of an investigation into 
the discovery in September 2001 of the torso of a Nigerian boy in the 
River Thames, was convicted of trafficking-related offenses and 
sentenced to 4 years in prison. Police believed the boy was trafficked 
into the country and then murdered in a ritual killing.
    On December 22, a court convicted two Albanian men of trafficking 
two people into and within the country for sexual exploitation. One man 
was sentenced to 18 years in prison and the other to 9 years' 
imprisonment.
    Between March 2003 and February, MAXIM, a government partnership 
targeting organized immigration crime, staged 60 proactive operations 
and made 151 arrests. Authorities charged 30 persons as a result of 
these arrests.
    The Home Office, which includes the Immigration and Nationality 
Directorate, had the lead in efforts to combat trafficking. Other 
Cabinet-level departments include the Foreign and Commonwealth Office, 
Department of Trade and Industry, Department for Education and Skills, 
the Crown Prosecution Service, and the Department for International 
Finance and Development.
    The country is primarily a destination country for trafficking in 
persons and occasionally a country of transit. There is no 
comprehensive official estimate of the number of victims of trafficking 
or the annual number of persons trafficked into the country. The 
Government received 169 referrals at its specialized shelter project 
for women trafficked for sexual exploitation between March 2003 and 
September.
    Women were trafficked for sexual exploitation from Central and 
Eastern Europe (primarily Albania, Kosovo, Lithuania, Latvia, Estonia, 
Romania, Bulgaria, Russia, and Moldova). Some also came from Thailand 
and China through ``snakehead'' gangs criminal groups that operated 
trafficking rings. West Africa (primarily Nigeria, Liberia, and Sierra 
Leone) was a source of women and children trafficked to the country. 
According to police sources, West African children appeared to be 
brought in primarily to work as domestics. NGO evidence indicated that 
some West African children might be trafficked through the country to 
Italy and other European Union countries for sexual exploitation. In 
one case, the U.S. was a destination county.
    Many trafficked women worked in the sex industry. However, women, 
men, and children were also trafficked for labor exploitation in 
domestic service, agricultural and rural labor, construction, and 
catering.
    Trafficking victims were most often subject to debt bondage, the 
withholding of travel documents, false information about law 
enforcement and immigration penalties, or threats of violence against 
them or their families. Physical and sexual violence were employed as 
well, although less frequently.
    Organized international gangs were alleged to be responsible for 
most trafficking for commercial sexual exploitation.
    The Government reviewed and assessed the victim protection program 
it initiated in 2003 with the NGO Eaves Housing. As a result of the 
review, the Government made adjustments in program eligibility criteria 
and increased funding for the program. Local Social Services 
authorities and various charities provided services to trafficking 
victims. Because care and protection were not confined to program 
facilities, overall efforts in victim protection were difficult to 
assess.
    NGOs criticized the Government for not ``opting in'' on the 
European Council directive on providing short-term residence permits 
for victims of trafficking who cooperate with the authorities. The 
Government did not prosecute victims of trafficking who were violating 
prostitution or immigration laws; however, they could face repatriation 
to their country of origin.
    The Foreign and Commonwealth Office and the Department for 
International Development distribute anti-trafficking material in 
countries of origin. Immigration intelligence assets were deployed 
across Europe on the main routes for illegal migration and trafficking 
under the Immigration Liaison Officer (ILO) program. The National 
Criminal Intelligence Service engaged in exchange programs in which its 
officers aided in preventive anti-trafficking efforts in Central and 
Eastern Europe.
    In addition to bilateral international efforts, the Government 
continued to support regional multilateral efforts in the Balkans 
through the Stability Pact for South Eastern Europe under the OSCE. The 
Government also funded a communication campaign, in partnership with an 
NGO, which was intended to increase general public awareness, potential 
victim awareness, and to give trafficked women access to the resources 
available to them.

    Persons With Disabilities.--The law prohibits 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.
    On October 1, the third part of the Disability Discrimination Act 
came into force, mandating that all public service providers (except in 
the transportation sector) make ``reasonable adjustments'' in order to 
make their services available to persons with disabilities. This part 
of the Act also made it illegal for employers with fewer than 15 
employees to harass or discriminate against job applicants or employees 
with disabilities. It has long been illegal for larger employers 
(except for the armed forces) to do so.
    The Disability Rights Commission (DRC), an independent organization 
funded by the Government, worked on behalf of disabled persons to stop 
discrimination and promote equality of opportunity. The DRC provided a 
hotline for persons with disabilities and employers, legal advice and 
support for individuals, and policy advice to the Government. The DRC 
also has the power to conduct formal investigations, arrange 
conciliation, require persons to adopt action plans to ensure 
compliance with the law, and apply for injunctions to prevent acts of 
unlawful discrimination.
    The DRC advocated the enactment of additional legislation to extend 
the right of access for persons with disabilities to public 
transportation (for example, buses and trains) and to require landlords 
to make reasonable accommodations for tenants with disabilities.

    National/Racial/Ethnic Minorities.--Despite legal prohibitions 
against racial discrimination, persons of African and Afro-Caribbean, 
South Asian, or Middle Eastern origin, and Travellers--itinerant 
populations consisting of Roma, Irish, and other ethnic groups 
estimated to number 300,000 persons--were occasionally the victims of 
societal violence and some discrimination.
    Victim Support, a charity assisting persons affected by crime, 
received 33,374 referrals for assistance in cases of racially motivated 
crime between April 2003 and March 31. During the same time period, the 
Crown Prosecution Service prosecuted 3,616 defendants for racially 
motivated crimes, a 13 percent increase over the previous year.
    On March 6 in Peterborough, a gang of 15 persons attacked a man of 
South Asian origin as he was returning to work. The attackers threw a 
road sign, stones, and a block of concrete at him and shouted racist 
statements. When confronted by the victim's coworkers, the gang left 
the scene and began to attack an Iraqi Kurd with sticks and verbal 
abuse. Three youths ranging in age from 16 to 19 were convicted of 
offenses ranging from violent disorder to wounding with intent.
    On June 12, up to 20 persons attacked a group of 5 Black men 
outside a pub in Edinburgh. As a result of the attack, all five victims 
had to be treated at a hospital. According to a police spokesperson, 
``allegations of an assault were made; but due to the number of people 
involved and the fact that several of them had been drinking, 
establishing exactly what had happened was not possible.''
    On September 26 in Coventry, 2 white men punched a Sikh man 30 
times while directing racial epithets at him. The victim said it was 
the seventh time in 10 years that he had been subject to a violent, 
racially motivated attack.
    The Commission for Racial Equality (CRE) is an independent, 
government-funded body that seeks to ensure fair treatment and equal 
opportunities for national/racial/ethnic minorities. The CRE provided 
guidelines on anti-discrimination practices, supported persons taking 
court action, and initiated its own court actions. During the year, the 
CRE instigated compliance procedures against 52 public bodies (out of a 
total of 43,000 such organizations) for failing to promote racial 
equality.

    Other Societal Abuses and Discrimination.--The law prohibits 
discrimination and harassment based on sexual orientation; however, 
sporadic incidents of homophobic violence were reported. The law 
encourages judges to impose a greater sentence in assault cases where 
the victim's sexual orientation is a motive for the hostility, and many 
local police forces demonstrated an increasing awareness of the problem 
and trained officers to identify and moderate these attacks.
Section 6. Worker Rights
    a. The Right of Association.--The law provides for the right of 
workers, except those in the armed forces, public sector security 
services, and police forces, to form and join unions, and workers 
exercised this right in practice. Almost 30 percent of the workforce 
was unionized. Coverage was most widespread in the public sector, where 
60 percent of workers were unionized. In contrast, 19 percent of 
private sector workers were unionized.

    b. The Right to Organize and Bargain Collectively.--The law allows 
unions to conduct their activities without interference, and the 
Government protected this right in practice. Collective bargaining is 
protected in law and was freely practiced. Under the law, a strike must 
be confined to workers and their own employers (``secondary boycotts'' 
are illegal), the dispute must be wholly or mainly about employment-
related matters (for example, pay and conditions), workers must be 
properly and secretly balloted before striking (with notice to the 
employer), and mass picketing is prohibited. Workers freely exercised 
the right to strike.
    There are no export-processing zones.

    c. Prohibition of Forced or Compulsory Labor.--The Government 
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.--
Children under the age of 13 cannot be employed in any capacity. Those 
under age 16 are not permitted to work in an industrial enterprise, 
including transportation or street trading; their total work hours are 
strictly limited and may not interfere with school attendance. They may 
work as part of an educational course. Independent NGOs claimed that up 
to 2 million young people of school age in the country were involved in 
part-time employment. Under current rules, a child age 13 to 16 must 
apply for a work permit from a local authority and the local 
authority's Education and Welfare Services have primary responsibility 
for oversight and enforcement. Several central government ministries 
have additional regulatory responsibilities: the Department of Trade 
and Industry, Department for Education and Skills, and the Health and 
Safety Executive.
    In February, a government task force published a report entitled, 
The Regulation of Child Employment, which cited the multi-layered 
oversight system as leading to patchy enforcement of the law and 
recommended a more consolidated approach. The report also recommended 
shifting the responsibility for registration from the individual child 
to the employer, as there is evidence that many children do not apply 
for work permits.
    There were no confirmed reports of violations or prosecutions 
during the year. In instances reported since 2000, there were 
successful prosecutions resulting in fines of up to $23,560 (12,400 
pounds).
    There were reports that children were trafficked into the country 
and forced to work as domestic servants, beggars, pickpockets, drug 
couriers, or in sweatshops and restaurants (see Section 5).

    e. Acceptable Conditions of Work.--The national minimum wage, which 
ranged from $7.45 to $8.82 (3.00 pounds to 4.85 pounds) depending on 
the age of the employee, did not provide a decent standard of living 
for a worker and family; however, other benefits of the welfare state 
filled the gap, including free universal access to the National Health 
Service. In October, the law extended the minimum wage to cover 
homeworkers. Tax authorities have the power to issue compliance orders 
against employers not paying the minimum wage, but disputes are handled 
by the Employment Tribunals. The Government aggressively monitored 
employer efforts to bring pay practices into compliance with minimum 
wage law. Unions and NGOs were also actively involved in ensuring 
employees are aware of their rights.
    The law limits the workweek to 48 hours; however, the regulations 
do not apply to senior managers and others who can exercise control 
over their own hours of work. An individual employee may agree through 
a contract to work overtime.
    The law stipulates that the health and safety of employees not be 
placed at risk, and, in practice, it was generally and effectively 
enforced by the Health and Safety Executive, which could initiate 
criminal proceedings in appropriate cases. Workers' representatives 
also actively monitored enforcement of the law. Workers may remove 
themselves from dangerous work conditions without jeopardy to their 
continued employment.

                               __________

                               UZBEKISTAN

    Uzbekistan is an authoritarian state with limited civil rights. The 
Constitution provides for a presidential system with separation of 
powers between the executive, legislative, and judicial branches; 
however, in practice, President Islam Karimov and the centralized 
executive branch that serves him dominated political life and exercised 
nearly complete control over the other branches. On December 26, 
elections were held for seats in the lower chamber of the Supreme 
Assembly (Oliy Majlis) that fell significantly short of international 
standards for democratic elections. The Constitution provides for an 
independent judiciary; however, the executive branch heavily influenced 
the courts and did not ensure due process.
    The Ministry of Interior (MVD) controls the police and is 
responsible for most routine police functions. The National Security 
Service (NSS) deals with a broad range of national security questions, 
including corruption, organized crime, and narcotics. The civilian 
authorities maintained effective control over the security forces. The 
police and the NSS committed numerous serious human rights abuses.
    The country has a population of approximately 25.5 million. The 
economy is based primarily on agriculture and agricultural processing, 
which remain heavily influenced by the state. For the year, the gross 
domestic product grew approximately 3 percent and inflation was 
approximately 15 to 20 percent. There were no reliable unemployment 
statistics, but the number of unemployed and underemployed was high and 
growing. Corruption remained a problem and had a negative impact on the 
economy.
    The Government's human rights record remained very poor; although 
there were some improvements, it continued to commit numerous serious 
abuses. While the Government took some important steps to address 
torture and to establish police accountability, it made no progress on 
democratic reform and placed further restrictions on the activities of 
nongovernmental organizations (NGOs) and the press. Citizens could not 
exercise the right to change their government peacefully. Unlike past 
years, there were no credible reports of persons dying in custody as a 
result of torture; however, police and security force negligence likely 
contributed to the deaths of at least four persons. Police and, to a 
lesser extent, NSS forces tortured, beat, and harassed persons; 
however, officials of both agencies and the procuracy participated in 
dialogues with human rights activists and allowed international and 
local human rights groups to take part in independent investigations of 
deaths in custody in which torture had been alleged. Prison conditions 
generally remained poor, although there were limited improvements in 
some prisons. Many of the most serious abuses occurred in pretrial 
detention. Members of the security forces responsible for documented 
abuses were rarely punished; however, there were some notable 
exceptions, and at least one MVD division established preliminary 
procedures for investigating and disciplining officers for human rights 
abuses. Police and NSS arrested persons the Government suspected of 
extremist sympathies. Police routinely and arbitrarily detained 
citizens to extort bribes. The Government continued to harass human 
rights activists, although considerably fewer were arrested than in 
previous years. Unlike past years, no journalists were arrested; three 
journalists imprisoned in previous years were released. The number of 
persons in prison for political or religious reasons--primarily persons 
the Government believed were associated with extremist Islamist 
political groups, but also members of the secular opposition and human 
rights activists--was estimated to be between 5,000 and 5,500. Police 
and NSS forces infringed on citizens' privacy.
    The Government severely restricted freedom of speech and the press, 
and an atmosphere of repression stifled public criticism of the 
Government. The Government warned editors that they were responsible 
for the content of their publications, and the law encouraged self-
censorship. Ordinary citizens remained circumspect in criticizing the 
Government publicly. The Government continued to prohibit unauthorized 
public meetings and demonstrations, and police forcibly disrupted a 
number of peaceful protests, although fewer than in previous years. The 
Government continued to deny registration to several independent 
domestic human rights groups and increased pressure on unregistered 
groups. The Government refused to reregister one major international 
NGO, the Open Society Institute (OSI), and attempted to restrict the 
activities of others. Government decrees prevented many domestic NGOs 
active in human rights and political reform from receiving outside 
support and impeded the operations of women's rights NGOs. The 
Government restricted freedom of religion and harassed individuals 
suspected of belonging to extremist groups; several hundred were 
arrested. The Government limited the activities of minority religions. 
The Government restricted freedom of movement within the country and 
required citizens to obtain exit visas to travel abroad. The Government 
denied the registration applications of two opposition political 
parties. The Government harassed and abused members of domestic human 
rights groups. Societal violence against women was a problem. 
Trafficking in women and children abroad for prostitution was a problem 
that the Government took steps to address. The Government severely 
restricted fundamental 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 
confirmed reports of politically motivated killings by the Government 
or its agents; however, border guards shot and killed two persons, and 
six persons were reported to have died in prison or pretrial police 
custody (see Section 1.c.).
    On March 20, border guards shot and killed a Tajik citizen who had 
been gathering scrap metal near the Platina border checkpoint. On June 
1, border guards shot and killed a Kazakh citizen following an 
altercation near the Keles border crossing point, just north of 
Tashkent. The incident reportedly led to the dismissal of National 
Border Guard Chief Gafurjon Tishaev.
    The media widely reported that the May 19 death of 36-year-old 
Andrei Shelkavenko, who was being held on suspicion of murder, had 
resulted from torture; however, on May 31, an independent team of 
international experts concluded that Shelkavenko hanged himself in his 
cell and was not killed by police, as claimed by his family.
    On April 24, a court convicted an MVD Post Inspector of criminal 
negligence and sentenced him to 3 years in prison in connection with 
the December 2003 death in custody of Kamolodin Djumaniyozov. After 
reviewing a videotape of Djumaniyozov's body, an independent forensic 
pathologist concluded that Djumaniyozov had likely died from hanging 
and not torture, as had been reported in the international press.
    There were no developments in the May 2003 deaths of Otzama 
Gafarov, who died in custody in Chirchick Prison, or Orif Ershanov, a 
member of the prohibited extremist Party of Islamic Liberation (Hizb 
ut-Tahrir) political movement, who was severely beaten and died in NSS 
detention in Karshi. There were also no further developments in the 
August 2003 death of Nodir Zamonov, a native of Bukhara, whose body was 
found by his parents shortly after police detained him on charges of 
vandalism.
    According to officials from the MVD Prisons Directorate, 
authorities dismissed six guards and three prison officers following 
the 2002 deaths of Mirzakomil Avazov and Khusnuddin Olimov, members of 
Hizb ut-Tahrir who were tortured to death in Jaslyk Prison in 
Karakalpakstan. The Karakalpakstan Regional Prosecutor reportedly 
investigated the deaths, but concluded that there was insufficient 
evidence to bring criminal charges. The Government maintained that 
extensive burns on the two men's bodies were the result of a tea fight; 
however, independent analysis by experts in the United Kingdom of 
photographs taken shortly after their deaths concluded that the men had 
likely been suspended in boiling water.
    The extremely low quality of forensic expertise, the absence of 
independent medical examiners, and frequent official pressure on 
families to bury bodies quickly in accordance with Islamic traditions 
made it extremely difficult to confirm rumors of detainees dying in 
custody as a result of torture or mistreatment.
    Local and international observers reported that persons sentenced 
to death were often not given an adequate opportunity to mount a 
defense or to appeal their sentence. The Government considers the 
number of prisoners executed each year to be a state secret. Amnesty 
International (AI) has estimated that scores are executed each year; 
the local NGO Mothers Against the Death Penalty and Torture put the 
number at well over a hundred. On September 13, the U.N. Special 
Rapporteur on Torture Theo van Boven issued a statement condemning the 
execution of persons whose death sentences were allegedly based on 
forced confessions. Van Boven drew particular attention to the cases of 
Azizbek Karimov and Yusuf Zhumayev, who were executed on August 10, 
despite appeals by the U.N. Committee on Human Rights to stay their 
sentences. Karimov was executed for participating in a series of 
bombings in the Kyrgyz Republic; Zhumayev was convicted of murder in 
December 2003. Both men alleged that they had been tortured while in 
custody. According to the Rapporteur, at least nine inmates had been 
executed since 2002 despite Committee requests for their cases to be 
reviewed.
    In April, the Government commuted the death sentence of three men--
Evgeny Gugnin, Abror Isaev, and Nodirbek Karimov--who were convicted of 
murder in 2002. There were reports that police had beaten all three men 
(as well as Gugnin's alleged accomplice whose death sentence was 
commuted in March 2003) in pretrial detention to obtain confessions. AI 
had given the cases of the four men wide publicity. According to an 
August 16 AI report, authorities gave assurances that Iskander 
Khudoberganov, convicted of involvement in the 1999 terrorist attacks 
in Tashkent, will not be executed while his cases are under 
consideration by the U.N. Human Rights Committee (UNHRC). Khudoberganov 
claimed that he had been tortured while in detention at the main office 
of the Tashkent City MVD and that authorities threatened to rape his 
wife and sister unless he confessed. Two of Khudoberganov's 
codefendants made similar accusations of torture at their trial. None 
of the suspects convicted in connection with the March and April 
terrorist violence was sentenced to death.
    There were reports of at least four deaths during the year due to 
landmines placed in disputed areas along the Tajik and Kyrgyz borders 
following armed incursions by the Islamic Movement of Uzbekistan (IMU) 
terrorist organization in 2000.

    b. Disappearance.--Although there were no confirmed reports for 
politically motivated disappearances, in separate incidents in May and 
June, three Tashkent men--Farukh Haidarov, Okiljon Yunusov, and 
Husnuddin Nazarov--were reported missing by their families. Haidarov 
and Yunusov studied theology in Saudi Arabia in the 1990s. At the time 
of their disappearance, Haidarov was a language instructor at the 
Egyptian Cultural Center and Yunusov was a businessman. Nazarov is the 
son of Abidkhan Nazarov, a prominent religious figure in Tashkent who 
was dismissed from his position as Imam of the Tokhtabay Mosque in 1995 
for his allegedly extremist sermons. He disappeared in 1998, and his 
whereabouts remained unknown.
    The men's families asserted that the NSS abducted the three men and 
was holding them incommunicado. On August 14, Haidarov's wife received 
a letter from her husband stating that he, Yunusov, and Nazarov, had 
gone to Afghanistan. In remarks to the press, Haidarov's wife confirmed 
that the handwriting was her husband's, but expressed doubt that he was 
in Afghanistan because the letter apparently took only 4 days to travel 
from Kabul to Tashkent. According to press reports, Afghan officials 
confirmed that the franking appeared authentic.
    There were no developments in the case of Sadykhan Rahmanov who was 
reported missing and in official custody in 2003.

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The law prohibits such practices; however, police and the 
NSS routinely tortured, beat, and otherwise mistreated detainees to 
obtain confessions or incriminating information. Police, prison 
officials, and the NSS allegedly used suffocation, electric shock, 
rape, and other sexual abuse; however, beating was the most commonly 
reported method of torture. Torture was common in prisons, pretrial 
facilities, and local police and security service precincts. Defendants 
in trials often claimed that their confessions, on which the 
prosecution based its cases, were extracted by torture (see Section 
1.e.). In February 2003, the U.N. Special Rapporteur on Torture issued 
a report that concluded that torture or similar ill-treatment was 
systematic.
    Authorities treated individuals suspected of extreme Islamist 
political sympathies, particularly alleged members of Hizb ut-Tahrir, 
more harshly than ordinary criminals, and there were credible reports 
that investigators subjected persons suspected of belonging to Hizb ut-
Tahrir to particularly severe interrogation in pretrial detention, in 
many cases resorting to torture. After trial, authorities reportedly 
used disciplinary and punitive measures, including torture, more often 
with prisoners convicted of extremism than with ordinary inmates. Local 
human rights workers reported that common criminals were often paid or 
otherwise induced by authorities to beat Hizb ut Tahrir members (see 
Section 1.d.).
    As in previous years, there were numerous credible reports that 
officials in several prisons abused Hizb ut-Tahrir members to obtain 
letters of repentance, which are required for a prisoner to be eligible 
for amnesty. According to prisoners' relatives, amnestied prisoners, 
and human rights activists, inmates who refused to write letters 
disavowing their connection to Hizb ut-Tahrir were often beaten or sent 
into solitary confinement. Human rights activist Ahmadjon Madmarov 
reported that prison officers in Navoi beat his son Habibulla, who was 
sentenced to 9 years in prison for membership in Hizb ut-Tahrir, with 
rubber batons when he refused to write a letter of repentance.
    Local and international human rights workers, defense attorneys, 
and family members reported that authorities physically mistreated 
persons detained after a series of terrorist incidents in Tashkent and 
Bukhara between March 28 and April 1. At least four persons charged 
with terrorist-related offenses testified in court that they had been 
beaten or otherwise tortured in custody. On September 10, an attorney 
for Mastura Latipova informed the judge that his client had been 
stripped naked and beaten during the first days of pretrial detention. 
According to local human rights groups, police also beat Latipova's 
husband, Shomurod Latipov, who was detained on March 30 and released 2 
days later (see Sections 1.d. and 1.e.). In October, another defendant, 
Bakhtior Muminov, testified in a separate trial that he had been beaten 
and subjected to electric shock.
    There were reports of beatings at several MVD and NSS facilities in 
the days following the March/April attacks; however, the most severe 
abuse appeared to have taken place at the detention facility at the 
main office of the Tashkent MVD, where eyewitnesses, family members, 
defense attorneys and representatives of human rights groups claimed 
that authorities frequently and systematically applied torture, 
including severe beating, suffocation, and electroshock. The General 
Prosecutor's office, which retained formal jurisdiction over the 
suspects and witnesses held at the Tashkent City MVD, rejected requests 
by the International Committee of the Red Cross (ICRC) to visit the 
facility, on the grounds that the investigations involved matters of 
national security. Authorities denied similar requests from members of 
the diplomatic community and international human rights NGOs.
    On June 23, authorities released independent journalist and human 
rights activist Ruslan Sharipov, who claimed he was tortured in 
pretrial detention in July 2003, from prison (see Section 2.a.).
    Prison officials reportedly continued to mistreat inmates who 
participated in prison demonstrations during the month of Ramadan in 
October 2003. According to relatives of prisoners and local human 
rights activists, authorities at the 64/29 penal colony in Navoi beat 
and raped several prisoners. Navoi prison officials reportedly meted 
out similar punishment immediately following the March and April 
terrorist attacks; relatives of one prisoner reported that guards 
singled out members of Hizb ut-Tahrir for individual beatings. There 
were no reports of mistreatment in connection with the Ramadan fast in 
October.
    There were reports that police beat members of Jehovah's Witnesses 
(see Section 2.c.).
    On February 24, the Cabinet of Minister's established an 
interagency human rights working group tasked with implementing the 
U.N. Convention Against Torture. Under the working group's purview, 
individual ministries, and the MVD in particular, took limited steps to 
address some of the 2003 recommendations of U.N. Special Rapporteur on 
Torture. The MVD sponsored a series of training courses for police on 
how to enforce a December 2003 Supreme Court Decree mandating that all 
suspects have a right to an attorney from the moment of detention. The 
Supreme Court's 2003 Decree, which carries the force of law, explicitly 
adopted the definition of torture provided in the U.N. Convention 
Against Torture. The MVD Prisons Directorate took steps to allow NGO 
access to its prisons and to train prison guards in human rights 
practices. The Government also took steps to prosecute police for human 
rights abuses and to discipline the police force internally (see 
Section 1.d.).
    As in past years, there were reports that law enforcement 
authorities attempted to have local political and human rights 
activists declared insane to stop their activities. On March 1, police 
in Jizzak Province initiated legal proceedings to have Mamarizo 
Nazarov, a human rights activist and delegate to the opposition Birlik 
Party's National Committee, declared mentally incompetent. Local 
authorities dropped their efforts at the behest of provincial 
officials. On August 9, authorities involuntarily committed human 
rights attorney Larissa Konoplova to the Tashkent City Psychiatric 
Hospital. Konoplova had reportedly angered police, neighbors, and local 
neighborhood (mahalla) committee officials by her efforts to defend 
local residents in property and tax disputes and to have district 
officials punished for alleged malfeasance. Authorities released 
Konoplova, who had been subjected to involuntary psychiatric treatment 
several times, 4 days later, after representatives of an international 
NGO and the diplomatic community interceded on her behalf. On September 
13, police, acting on a court order, again detained Konoplova for 
psychiatric observation; however, hospital psychiatrists declared 
Konoplova mentally competent, and she was released on September 28. In 
July, a Tashkent court dismissed efforts, dating back to 2002, to have 
human rights activist Elena Urlaeva declared legally incompetent.
    On May 21, several unidentified men abducted and severely beat 
activist Bakhodir Choriev while he was wearing a shirt with ``Karimov 
resign'' on the front (see Section 2.b.).
    There were several instances of unidentified assailants attacking 
persons who planned to participate in public demonstrations (see 
Section 2.b.).
    Prison conditions remained poor, and there continued to be reports 
of severe abuses in prisons. However, anecdotal evidence from former 
prisoners and local human rights workers suggested that were limited 
improvements in some prisons, which they attributed to the 
international community's monitoring activities and to reform efforts 
by the MVD Directorate of Prisons. Local human rights advocates with 
contacts among inmates' families reported that Tavok-Soi Prison in 
Tashkent Region, Prison 64/5 in Zangiota, and Bukhara's Korgan Prison 
showed particular improvement. Prison overcrowding remained a problem. 
Tuberculosis and hepatitis were epidemic in the prisons, making even 
short periods of incarceration potentially life threatening. Shortages 
of food and medicines were reported in several prisons, and prisoners 
often relied on visits by relatives to obtain them. Conditions remained 
particularly poor in Jaslyk, Navoi (64/29), and Karshi (64/49) Prisons, 
maximum security facilities that housed a significant portion of the 
country's prisoners of conscience. Starting in 2003, authorities at 
Jaslyk Prison transferred a substantial number of these and other 
political prisoners to other facilities. Fewer than 200 of Jaslyk's 477 
inmates were convicted of charges related to membership in extremist 
political organizations such as Hizb ut-Tahrir. The prison is located 
in a remote area of Karakalpakstan, where temperatures can exceed 120 
degrees in the summer and drop below 10 degrees in the winter. While 
there were numerous reports of severe mistreatment at Jaslyk in the 
past, including the 2002 killing of Mirzakomil Avazov and Khusnuddin 
Olimov (see Section 1.a.), there were fewer reported during the year. 
Authorities allowed several groups of foreign visitors, including 
representatives of international human rights organizations, 
journalists, and foreign diplomatic personnel, to tour Jaslyk in an 
effort to dispel the prison's notorious reputation.
    Official negligence, aggravated in some cases by poor prison 
conditions, may have contributed to the deaths of four persons. Unlike 
cases of custodial death reported in previous years, there were no 
signs of torture. There were reports that inmates died of communicable 
diseases such as tuberculosis that were associated with poor 
conditions. On March 16, Abdurrahman Narzullayev died of an acute 
bronchial infection at the 64/33 Prison in Karshi while serving a 16-
year sentence in connection with his membership in Hizb ut-Tahrir. 
Family members asserted that the infection resulted from prison 
authorities' improperly inserting a feeding tube to end a hunger strike 
by Narzullayev in protest of poor prison conditions.
    On May 30, Ilkolm Umarov, a 28-year-old resident of a communal farm 
in Jizzak's Arnasay District suspected of stealing a sheep, died in 
local police custody. Separate investigations by the General 
Prosecutor's office and the MVD--the latter supervised by 
representatives of two local human rights NGOs--confirmed eyewitness 
reports that Umarov died of asphyxiation after swallowing his tongue 
during a seizure. The investigations concluded that local officials 
were negligent in not taking Umarov to a hospital when he began to show 
signs of sickness and had committed a number of procedural violations 
by detaining him as a witness, rather than a suspect, and by denying 
him access to an attorney. As a result of the investigation, the MVD 
disciplined several police officers and dismissed the district police 
chief; the investigator responsible for Umarov's detention was 
reportedly charged with criminal negligence.
    Men and women were held in separate facilities, and juveniles were 
held separately from adults. Conditions in juvenile facilities were 
generally much better than in adult ones, although there were reports 
of inmates working in harsh circumstances and in some cases being 
beaten in these facilities. Pretrial detainees were held separately 
from convicted prisoners. The Government also operated labor camps, 
where conditions of incarceration were reported to be less severe than 
in prisons.
    In October, the MVD's Directorate of Prisons (GUIN) opened a new 
prison training center in Tashkent. The center, which will eventually 
train all of the country's prison guards, utilizes a curriculum that 
included human rights training and basic courses in psychology and 
prison management in its curriculum. Earlier in the year, 120 guards 
from the country's 53 prison colonies participated in a series of 
Organization for Security and Cooperation (OSCE)-sponsored human rights 
training courses.
    Working with the OSCE, GUIN allowed two groups of NGO prison 
monitors access to several of its facilities. Foreign NGO workers and 
diplomatic personnel gained access to prisons to meet with individual 
detainees. Similar access was not given to pretrial detention 
facilities, which are not under GUIN authority.
    The ICRC generally received satisfactory access to places of 
detention, including pretrial detention centers; however, authorities 
denied the ICRC immediate access to prisoners arrested in connection 
with the March/April terrorist attacks in Tashkent and Bukhara or any 
access to prisoners sentenced to death. The Government granted the ICRC 
access to individuals convicted of terrorist-related offenses after 
their trials.

    d. Arbitrary Arrest or Detention.--The law does not provide 
adequate protection against arbitrary arrest and detention, and these 
remained problems.
    The MVD controls the police, which is organized both by region and 
by function. Corruption among law enforcement personnel remained a 
problem. Police routinely and arbitrarily detained citizens to extort 
bribes. Of the several hundred persons who were briefly detained 
following the March/April terrorist attacks, several asserted that they 
had to pay bribes to local authorities to be released.
    Impunity remained a problem, and officials responsible for abuses 
were rarely punished. During the year, the MVD undertook a number of 
initiatives to make investigating officers more accountable for their 
actions. According to the MVD and procuracy, 11 police officers were 
convicted of abuse, including torture. The Government investigated and 
took disciplinary action in connection with the death in custody of 
Ilkholm Umarov (see Section 1.c.). On April 24, a court sentenced a 
post inspector to 3 years in prison for official negligence in 
connection with Kamalodin Djumaniyozov's December 2003 suicide (see 
Section 1.a.).
    The law provides that law enforcement officers, including police, 
MVD investigators, and prosecutors, may arrest a person suspected of 
committing a crime without filing formal charges. Under the law, a 
person arrested without formal charges is a suspect; once charges are 
filed, that person becomes an accused. Both are considered to be 
formally under arrest.
    The law grants wide discretion as to what constitutes a proper 
basis for arrest, but requires that a report stating the grounds for 
arrest be forwarded to a prosecutor within 24 hours of the time a 
person is taken into custody. The law also mandates that all detainees, 
whether they are considered suspects or accused, be questioned within 
24 hours; however, suspects have the right to remain silent. This 
initial period of arrest, when a suspect may be held without formal 
charges, is limited to 72 hours, although a prosecutor may extend it 
for an additional 7 days. At the end of this period, the person must 
either be charged with a crime or released. Once charges are filed, a 
suspect may be held at the prosecutor's discretion while an 
investigation is conducted; at this stage, the person under arrest is 
required to answer questions. A prosecutor may release a prisoner on 
bond pending trial. In practice, authorities frequently ignored these 
legal protections. There is no judicial supervision of detention, such 
as habeas corpus.
    Prosecutors enjoyed near total discretion over most aspects of 
criminal procedure, including pretrial detention. Persons under arrest 
have no access to a court to challenge the length or validity of 
pretrial detention. Even when no charges are filed, police and 
prosecutors sought to evade restrictions on the length of time a person 
may be held without charges by holding persons as a witnesses rather 
than as suspects. A December 2003 Supreme Court Decree stated that a 
defendant has a right to counsel from the moment of detention; however, 
in practice access to counsel often was denied.
    During the year, police arrested or detained demonstrators (see 
Section 2.b.).
    On February 16, police in Jizzak arrested human rights activist and 
Birlik Party organizer Muidjahon Kurbanov on charges of weapons and 
narcotics possession. Local observers speculated that authorities 
targeted Kurbanov because of his efforts to advocate on behalf of local 
farmers. Police claimed that they found a hunting rifle, several 
bullets, and a small quantity of opiate derivative in Kurbanov's 
chicken shed. During his trial, Kurbanov's defense team established 
that the gun and ammunition were of different calibers and that 
Kurbanov's shed had likely been broken into shortly before the police 
search, while police and local authorities gave inconsistent testimony. 
Most observers concluded that the evidence against Kurbanov had likely 
been planted. On March 24, Kurbanov was sentenced to 3 years in prison; 
however, this was reduced to a fine on appeal.
    There were also reports that police arrested persons on falsified 
charges as an intimidation tactic to prevent them or their family 
members from exposing corruption or interfering in local criminal 
activities.
    On February 12, 62-year-old Fatima Mukhadirova was sentenced to 6 
years for anticonstitutional activity and extremism, a sentence 
subsequently commuted to a fine. During her trial, Mukhadirova and her 
attorney contended that the evidence on which her conviction was based, 
including Hizb ut-Tahrir literature, had been planted by members of the 
MVD's Antiterrorism Directorate. Mukhadirova's son, Mirzakomil Avazov, 
was tortured to death in Jaslyk Prison in 2002. Observers speculated 
that authorities arrested her in October 2003 in retaliation for her 
attempts to publicize her son's death. International observers who 
monitored the April trial of Birlik Party organizer and farmers' rights 
advocate Muidinjon Kurbonov believed that evidence used by the 
prosecution was also likely planted by police.
    On September 9, authorities released 18-year-old Chingiz Suleimanov 
from the Youth Prison in Tashkent after serving just over 1 year of a 
5-year sentence for being involved in a fight. Suleimanov's parents 
maintained that police arrested their son, who has mental disabilities, 
in retaliation for a letter they wrote to the prosecutor early in 2003 
about criminal activities taking place under the protection of local 
police.
    Authorities continued to arbitrarily arrest persons associated with 
prohibited Islamist political groups suspected of extremist sentiments 
or activities. There was a reported increase in arrests in January and 
February, centered mostly in Tashkent City and Region.
    Following a series of terrorist attacks in Bukhara and Tashkent in 
March and April, the Government took into custody several hundred 
persons, the overwhelming majority of them identified as having 
belonged to the Hizb ut-Tahrir extremist political movement or various 
so-called Wahhabi groups, including imams in Kashkadaria and Margilon. 
The arrests were made for national security reasons, but according to 
sources in the human rights community and law enforcement, the police 
and security services relied on a list of approximately 1,000 
individuals, most of whom had been convicted of extremism in previous 
years and subsequently amnestied. There were credible allegations that 
authorities tortured some detainees (see Section 1.c.); however, the 
majority of those taken into custody were released after questioning, 
usually less than a day later. During the year, approximately 115 
persons were convicted of terrorism; dozens more were sentenced for 
anticonstitutional activity and extremism (see Section 1.e.).
    In its campaign against extremism, the Government concentrated its 
efforts on persons it suspected were associated with Hizb ut-Tahrir, an 
extremist political movement founded in 1952 in Jordanian-administered 
East Jerusalem. Although Hizb ut-Tahrir maintained that it was 
committed to nonviolence, the party's strongly anti-Semitic and anti-
Western literature called for secular governments, including in the 
country, to be replaced with a borderless, theocratic Islamic state, or 
Caliphate, throughout the entire Muslim world.
    Local human rights activists reported that police and security 
service officers, acting under pressure to break up Hizb ut Tahrir 
cells, frequently detained family members and close associates of 
suspected members, even if there was no direct evidence of their 
involvement. Authorities made little distinction between actual members 
and those with marginal affiliation with the group, often persons who 
had attended Koranic study sessions with the group.
    As in previous years, there were reports that authorities arrested 
and prosecuted persons based on the possession of Hizb ut-Tahrir 
literature. Coerced confessions and testimony were commonplace. Even 
persons generally known to belong to Hizb ut Tahrir stated that the 
cases against them were built not on actual evidence, which would have 
been abundantly available, but on planted material or false testimony.
    During the year, pretrial detention for individuals suspected of 
Islamic extremism typically ranged from 1 to 3 months; in past years, 
pretrial detention lasted as long as 2 years. The number of such 
prisoners in pretrial detention was unknown.
    Police harassed and sometimes arbitrarily detained members of the 
opposition Birlik, Free Farmers, and Erk Party (see Section 2.b.). In 
May, police reportedly arrested Erk Party activists in Namangan, 
Sukhandaria, and Bukhara. On May 15, police in Namangan arrested Birlik 
activist Mukhammadali Koraboyev following an altercation with a mahalla 
committee chairman. Police released him on July 17; he was subsequently 
sentenced to 3 years probation. On July 23, police detained the 
Namangan leader of the Free Farmers Party, Akhmadjon Normirzaev, after 
discovering party literature in his car; he was released the next day 
after paying a minor fine.
    On March 1, the Government completed the 3-month amnesty that it 
declared in December 2003. Most of the 2,000 to 3,000 amnestied 
prisoners were ordinary criminals; however, 705 political prisoners 
convicted for anticonstitutional activity were reportedly released. It 
was likely that the amnesty also freed a number of the 4,400 to 4,900 
persons that authorities arrested between 1999 and 2001 for involvement 
in extremist organizations, but who were convicted on other charges. 
The vast majority of these prisoners were suspected of belonging to the 
Hizb ut Tahrir political movement or another extremist Islamist group 
that fell under the general rubric of ``Wahhabi.'' More than half of 
these prisoners had been originally sentenced to terms exceeding 10 
years.
    As in previous amnesties, prisoners were reportedly forced to sign 
letters of repentance as a condition of release; there were allegations 
that authorities physically mistreated some prisoners who refused to 
sign such letters (see Section 1.c.). The decree authorizing the 
amnesty established strict conditions for release. In practice, 
however, local prison authorities had considerable discretion in 
determining who was reviewed for amnesty; as in previous years, there 
were reports of corruption. Amnestied prisoners reported that imams had 
been sent to some prisons to make the final determination as to which 
prisoners had truly repented; this decision was reportedly frequently 
made in consultation with local mahalla committees.

    e. Denial of Fair Public Trial.--The Constitution provides for an 
independent judiciary; however, the judicial branch takes its direction 
from the executive branch, particularly the General Prosecutor's 
office, and exercises little independence in practice.
    Under the Constitution, the President appoints all judges for 5-
year terms and has the power to remove them. Removal of Supreme Court 
judges must be confirmed by the Supreme Assembly, which is obedient to 
the President's wishes. Judicial Qualification Collegiums established 
to nominate candidates and administer examinations somewhat insulated 
the process of selecting judges from political influence and also 
played a role in disciplining judges for misconduct; however, the 
process of appointing and removing judges remained largely 
nontransparent and subject to interference. Judicial salaries remained 
low, and corruption reportedly remained a problem. Judges deferred to 
the decisions of prosecutors with relatively few exceptions.
    Courts of general jurisdiction are divided into three tiers: 
District courts, regional courts, and the Supreme Court. In addition, a 
Constitutional Court is charged with reviewing laws, decrees, and 
judicial decisions to ensure their compliance with the Constitution. 
Military courts handle all civil and criminal matters that occur within 
the military. There is a system of economic courts at the regional 
level that handles commercial disputes between legal entities. 
Decisions of district and regional courts of general jurisdiction may 
be appealed to the next level within 10 days of a ruling.
    Three-judge panels generally preside over trials. The panels 
consist of one professional judge and two lay assessors who serve 5-
year terms and are selected by either workers' collectives' committees 
or mahalla committees. The lay judges rarely speak, and the 
professional judge usually defers to the recommendations of the 
prosecutor on legal and other matters.
    Government prosecutors order arrests, direct investigations, 
prepare criminal cases, and recommend sentences. If a judge's sentence 
does not agree with the prosecutor's recommendation, the prosecutor has 
a right to appeal the sentence to a higher court. Defendants are almost 
always found guilty, often based solely on confessions. On the rare 
occasions when a guilty verdict is not pronounced, the judge seldom 
acquits the defendant; rather, the case is typically sent back for 
further investigation. The formal protections against double jeopardy 
that exist under the law do not apply in practice.
    Most trials are officially open to the public; however, they may be 
closed in exceptional cases, such as those involving state secrets or 
rape, or to protect young defendants, victims, or witnesses.
    Defendants have the right to attend court proceedings, confront 
witnesses, and present evidence. These rights were applied with 
increased frequency, particularly in high-profile human rights and 
political cases, which were marked in several instances by defense 
attorneys putting up an active defense. In almost all cases, however, 
the verdict was guilty. Defendants have the right to hire an attorney, 
and the Government provides legal counsel without charge when 
necessary. However, state-appointed attorneys, whom the Government 
contracts and pays, routinely acted in the interest of the Government 
rather than their clients. A December 2003 Supreme Court Decree 
clarified that the law on the right to counsel guarantees that right 
from the moment of detention; however, authorities often violated the 
right to an attorney during pretrial detention, and judges in some 
cases denied defendants the right to their attorney of choice. Defense 
counsel was often incompetent, and effective cross-examination of even 
the most flawed prosecution witnesses rarely occurred. In most cases, 
the role of defense counsel was limited to submitting confessions and 
pleas for mercy. Lawyers from the Legal Aid Society (LAS) were much 
better trained, but their resources were extremely limited and their 
five lawyers typically only accepted more high-profile political cases. 
Public defender centers financed through international contributions 
also served to provide high-quality pro-bono defense counsel.
    The Government announced trials, including those of alleged 
religious extremists, only at the court in which the trial was to take 
place and only a day or two before the trial began. International 
observers generally were allowed to attend even the most sensitive 
trials.
    Defendants often claimed that the confessions on which the 
prosecution based its cases were extracted by torture. In many cases, 
particularly those involving suspected members of Hizb ut-Tahrir, the 
prosecution failed to produce confessions and relied solely on witness 
testimony, which was reportedly often coerced. Typical sentences for 
male members of Hizb ut-Tahrir ranged from 7 to 12 years' imprisonment.
    In a series of trials in August, September, and October, the 
Government convicted approximately 115 individuals in connection with 
the March and April terrorist violence in Tashkent and Bukhara. 
International and local human rights groups that monitored the trials 
concluded that the trials failed to meet international standards. The 
prosecution's cases relied primarily on confessions, which human rights 
groups and defense attorneys maintained were coerced. Several 
defendants testified in court that they had been physically abused in 
pretrial detention (see Section 1.d.).
    Lawyers may, and occasionally did, call on judges to reject 
confessions and to investigate claims of torture; however, judges 
routinely ignored such claims or dismissed them as groundless. None of 
the torture allegations made in the terrorist trials resulted in a 
criminal investigation. However, there were at least two partial 
exceptions. In May, the Yunusabad District Court in Tashkent ruled that 
murder charges against Ruslan Rakhimhov could not be sustained and sent 
the case back for investigation. During the trial, Rakhimov and several 
other witnesses testified that Rakhimov was forced to sign a 
confession. According to defense attorneys, police officers beat 
Rakhimov and asphyxiated him with a gas mask. Rakhimov remained in 
custody at year's end, pending a retrial. In a retrial of another 
murder case in October, a court in Andijon acquitted three defendants 
previously convicted of murder and reduced the sentences of several 
others. Relatives of the defendants and their lawyers contended that a 
number of the confessions on which the original guilty verdict had been 
based were coerced; one defendant, Ziedullo Mamadaliev, lost his sight 
as a result of a beating he endured in pretrial detention. Criminal 
proceedings against four police officers accused of torturing the 
suspects were reportedly underway at year's end.
    The Constitution and the law provide a right of appeal to 
defendants; however, appeals rarely, if ever, resulted in convictions 
being reversed in politically sensitive cases, such as for persons 
accused of membership in Hizb ut-Tahrir. More often, a successful 
appeal resulted in a reduced sentence.
    There were 5,000 to 5,500 political prisoners, including alleged 
members of Hizb ut Tahrir, at year's end. Most persons convicted of 
political crimes were charged with the actual crime for which they were 
arrested, for example anticonstitutional activity, involvement in 
illegal organizations such as prohibited religious or political groups, 
and the preparation or distribution of material that threatened public 
security. The ICRC conducted regular prison visits throughout the year 
and reported that it was given access to political prisoners (see 
Section 1.c.). From December 2003 to March, the Government amnestied 
705 political prisoners (see Section 1.d.).

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The Constitution provides for the inviolability of the 
person and prohibits unlawful detentions and searches; however, in 
practice, authorities infringed on these rights. The law requires the 
issuance of a search warrant for electronic surveillance by the 
relevant prosecutor; however, there is no provision for a judicial 
review of such warrants. There is an assumption that security agencies 
routinely monitor telephone calls and employ surveillance and wiretaps 
in the cases of persons involved in opposition political activities.
    The Government continued to use an estimated 12,000 local mahalla 
committees as a source of information on potential extremists. Mahalla 
committees served varied legitimate social functions, but also linked 
local society and the lowest levels of the Government and law 
enforcement. The influence wielded by mahalla committees varied widely, 
with committees in rural areas tending to be much more influential than 
those in cities. Each mahalla committee assigned a ``neighborhood 
guardian,'' or ``posbon,'' whose job it was to ensure public order and 
to maintain a proper moral climate in the neighborhood. In practice, 
this meant preventing young persons in the neighborhood from joining 
extremist Islamic groups. According to a report on mahalla committees 
released by Human Rights Watch (HRW) in September 2003, the committees 
kept extensive files on families in the neighborhood and collected 
information on individual family members' religious practices. Mahalla 
committees frequently identified for police those residents who 
appeared suspicious and, working with local MVD and NSS 
representatives, reportedly paid particular attention to recently 
amnestied prisoners and the families of individuals jailed for alleged 
extremism.
    There was one report that police arrested and beat a person to 
intimidate family members from exposing alleged criminal activities 
occurring under police protection (see Section 1.d.).
    Authorities frequently detained and mistreated family members of 
persons wanted or jailed for Islamic activities, even if there was 
scant evidence of their involvement (see Section 1.d.).
    There were numerous credible reports that police, employers, and 
mahalla committees harassed family members of human rights activists 
(see Section 2.b.).
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 continued to 
restrict these rights severely and the law holds editors and publishers 
responsible for the content of articles that appear in their 
publications.
    The law limits criticism of the President, and citizens generally 
did not criticize the President or the Government on television or in 
the press, although they continued to do so more freely in less public 
settings. The law also specifically prohibits articles that incite 
religious confrontation and ethnic discord or advocate subverting or 
overthrowing the constitutional order (see Section 2.b.).
    The Cabinet of Ministers owned and controlled the country's three 
national daily newspapers, Pravda Vostoka, Halq Sozi, and Narodnoe 
Slovo. Their combined readership likely did not exceed 50,000, since 
newspapers, which cost between 5 and 15 cents (50 and 150 soum), were 
too expensive for most citizens. The Government owned or controlled 
several other weekly publications.
    Private persons and journalist collectives may not establish 
newspapers unless they meet the media law's standards for establishing 
a ``mass media organ,'' including naming a board of directors 
acceptable to the Government. The Government allowed a small number of 
private newspapers containing advertising, horoscopes, and similar 
features, but no news or editorial content. Three private national 
newspapers--Novosti Uzbekistana, Noviy Vek, and Noviy Den--carried news 
and editorials, as did one publicly owned newspaper, Hurriyat. 
Circulation was no more than 3,000 each. On March 1, a fifth daily, 
Mohiyat, separated from the government-controlled Turkiston Press. 
Mohiyat was known as one of the more independent national papers; 
however, its estimated circulation did not exceed 2,000.
    The Government did not allow the general distribution of foreign 
newspapers and publications; however, two or three Russian newspapers 
and a variety of Russian tabloids and lifestyle publications were 
available. A modest selection of foreign periodicals was available in 
Tashkent's major hotels, and authorized groups could obtain them by 
subscription.
    The Government controlled information even more tightly in the 
broadcast media than in print journalism. Four state-run channels that 
fully supported the Government and its policies dominated television 
broadcasting. A cable television joint venture between the state 
broadcasting company and a foreign company rebroadcast some Hong Kong-
based television channels, including the British Broadcasting Company 
(BBC), Deutsche Welle, and Cable News Network World News, to Tashkent 
and a few other locations; however, most citizens could not afford 
cable television. There were 30 to 40 privately owned local television 
stations and 7 privately owned radio stations. These broadcasters 
practiced self-censorship, but enjoyed some ability to report 
critically on local government.
    Most television programming consisted of locally produced comedies, 
variety and game shows, as well as programs rebroadcast from Russia.
    In contrast with past years, there were no reports of arrests of 
journalists; however, the Government harassed several editors and 
journalists in an apparent effort to limit publication of critical 
stories.
    Tuhtamurad Toshev and Boimamat Jumaev, journalists arrested in 
February and May 2003 and convicted on charges of bribery, remained in 
prison at year's end. Observers viewed the charges as selective 
prosecution.
    On June 23, prison authorities released the former head of the 
Independent Union of Journalists of Uzbekistan (IUJU), Ruslan Sharipov, 
as part of a work furlough program. Sharipov was sentenced to 5 years 
in prison in August 2003 on charges of sodomy, corruption of youth, and 
sex with underage persons; his sentence was reduced on appeal. Many 
observers viewed the charges as either fabricated or a case of 
selective prosecution. Sharipov asserted that authorities prosecuted 
him for his critical articles and that he had been tortured into 
confessing. Sharipov has since left the country.
    In June, the authorities also released Gayrat Mahliboyev, a 
correspondent from the Hurriyat Newspaper sentenced in 2002 to 7 years 
in prison in connection with his alleged membership in Hizb ut-Tahrir.
    In mid April, authorities released Madzhid Abduraimov, a journalist 
convicted in 2001 on charges similar to those against Tuhtamurad Toshev 
and Boimamat Jumaev.
    During the year, a number of journalists reported receiving 
telephone calls warning them to be cautious in how they report events. 
According to an open letter to President Karimov by the World 
Association of Newspapers, on April 15, an NSS officer in Kashkadaria 
told journalist Tulkin Karaev that he would be tried as a terrorist 
accomplice unless he stopped reporting on arrests made following the 
March/April terrorist attacks. Karaev, a correspondent for 
International War and Peace Reporting (IWPR), a London-based media NGO 
dedicated to the training and protection of journalists in areas of 
conflict, and the Voice of the Islamic Republic of Iran, wrote stories 
alleging that police and security forces mistreated suspects and 
planted evidence.
    There were no private publishing houses, and government-owned 
printing houses generally printed newspapers. Religious writings 
required approval by the Religion Committee censor, which observers 
regarded as quite strict (see Section 2.c.).
    A September 2003 Cabinet of Ministers decree applied the same 
requirements to bulletins and newsletters published by NGOs as apply to 
other publications; however, the Government had not enforced this 
decree by year's end. The materials covered by the decree were 
typically printed in very small quantities and generally provided the 
most critical coverage of human rights issues available in the country.
    On June 24, a Namangan civil court found Radio Free Europe/Radio 
Liberty (RFE/RL) guilty of libel in connection with a story it 
broadcast questioning the accuracy of a report published in the state-
run newspaper ``Diyonat.'' The court ordered RFE/RL and its Fergana 
Valley correspondent each to pay a $50 (50,000 soum) fine. The ruling 
followed threats in May by producers of the state television news 
program ``Akhborot'' to sue RFE/RL and its correspondent for libel 
after it broadcast a report alleging that an Akhborot correspondent 
fabricated parts of a story in which workers at a collective farm were 
filmed receiving their wages when, in fact, they had not been paid.
    The law makes journalists responsible for the accuracy of their 
news stories, exposing them to risk of criminal prosecution for their 
reporting. The law establishes the right of newspaper boards of 
directors, whose appointment is effectively subject to government veto, 
to influence the editorial content of media reports. Through these 
provisions, the law establishes mechanisms by which the Government 
could indirectly influence media content and further encourage members 
of the media to practice self-censorship. This was particularly evident 
following the terrorist attacks of March/April and July, when the media 
did not report any information that had not already been sanctioned by 
the Government.
    The Government tightly controlled information. The Uzbekistan News 
Agency cooperated closely with the presidential staff to prepare and 
distribute all officially sanctioned news and information. The 
Government's Press and Information Agency was responsible for observing 
all media. Most editors and journalists continued to express concerns 
about potential consequences of conducting serious investigative 
journalism. On March 27, reporters and other media employees 
established a new government-sponsored association, the Creative Union 
of Journalists of Uzbekistan, that observers believed would serve as 
another mechanism for the Government to exercise control over the 
media.
    On January 19, Pravda Vostoka, the country's leading Russian-
language newspaper and a source of comparatively critical reporting on 
such topics as official malfeasance, economic hardship, and human 
trafficking, dismissed journalist Sergei Yezhkov, who was known for his 
articles accusing officials of corruption. Media observers speculated 
that Yezhkov's dismissal would lead to a softening in Pravda Vostoka's 
coverage of controversial topics. In June, the chief editor of Radio 
Grande, a popular Tashkent station known for its occasional reporting 
on social problems such as AIDS, was fired, reportedly under similar 
circumstances; he subsequently went to work for an online news website.
    Running somewhat counter to this trend, on April 19, a district 
court in Khorezm ruled that Shukhrat Allanazarov, a journalist for the 
newspaper ``Yangiarik Ovozi,'' had been unlawfully dismissed in 
December 2003 and ordered the newspaper to reinstate him and pay him 
back wages. Allanazarov alleged that he was fired because of articles 
that he had written criticizing the district hokim (mayor). The 
newspaper contested the decision, and in May, an appeals court 
overturned the district court's ruling. Allanazarov chose not to 
appeal.
    During the year, self-censorship expanded. The number and scope of 
newspaper articles on topics such as local corruption, official 
malfeasance and economic difficulties declined and only a few 
journalists wrote articles critical of the Government.
    A government agency, the Interagency Coordination Committee (MKK), 
issued both broadcast and mass media licenses to approved media 
outlets. Broadcast licenses are issued for terms of 1 to 5 years; 
however, mass media licenses, which also required, must be renewed 
annually. The MKK may revoke licenses and close media outlets without a 
court judgment. Another government agency, the Center for 
Electromagnetic Compatibility, issues frequency licenses.
    The Government attempted to compel some private broadcasters to 
join the National Association of Electronic Mass Media, which was set 
up in December 2003 by a well-known media magnate. On August 23, the 
MKK revoked the license of ``Bahtiyor-Shohboz,'' a private television 
station operating in the Jizzak region, reportedly for refusing to join 
the association. Some television journalists expressed fear that other 
private stations would be similarly targeted.
    The Government continued to refuse to allow RFE/RL and the Voice of 
America (VOA) to broadcast from within the country, despite the 
Government's agreement with RFE/RL to allow its broadcasting. The 
Government also denied accreditation to some VOA journalists. The BBC 
World Service was permitted to broadcast on a very low FM frequency and 
only in the Fergana Valley, which limited the potential audience, up to 
3 hours per day.
    Television and radio stations practiced self-censorship; as a 
result, stations carried critical reporting only occasionally.
    The Government did not limit access to the Internet; however, 
Internet service providers frequently blocked access to websites that 
the Government considered objectionable. The opposition parties Birlik, 
Erk, and the Free Farmers Party operated websites, to which the 
Government reportedly blocked access sporadically.
    The Government limited academic freedom. University professors were 
generally required to have their lectures or lecture notes approved; 
however, implementation of this requirement varied. University 
professors practiced self-censorship.

    b. Freedom of Peaceful Assembly and Association.--The Constitution 
provides for the freedom of peaceful assembly, but states that 
authorities have the right to suspend or prohibit rallies, meetings, 
and demonstrations on security grounds. In practice, the Government 
often restricted the right of peaceful assembly. The Government 
required approval for demonstrations and did not routinely grant 
permits to demonstrators. There were a number of peaceful protests, 
ranging in size from less than a dozen participants for most human 
rights demonstrations to over a hundred in demonstrations protesting 
economic conditions. In some cases, police forcibly disrupted 
demonstrations; however, members of the security service usually simply 
observed the demonstrations.
    Authorities continued to detain women briefly for organizing 
protests demanding the release of male relatives jailed for belonging 
to the extremist Hizb ut-Tahrir political movement or for protesting 
the conditions of their detention. There were reports that police 
insulted or forced some of women to remove their head coverings. During 
the year, none were arrested for such activities, and police drove home 
or released most detainees after a short period of time and payment of 
an administrative fine. These protests were less frequent and of 
smaller size than in the previous year, a development that local human 
rights activists attributed to heightened pressure from mahalla 
committees and local law enforcement in the aftermath of the terrorist 
attacks of March/April and July.
    During the year, human rights activists in Tashkent held a number 
of small demonstrations--typically involving no more than a dozen 
protesters--to address police abuse, official corruption, housing 
problems, and economic conditions. Authorities frequently observed such 
demonstrations without interfering; however, there were numerous 
reports of rough handling, including beatings and detention, in mid-
June prior to the Shanghai Cooperation Organization (SCO) heads of 
state summit. As in previous years, police detained human rights 
activists for short periods to prevent or to disrupt public 
demonstrations.
    On June 1, authorities forcibly prevented several activists from 
participating in a demonstration in Tashkent calling for President 
Karimov's resignation. Prior to the demonstration, law enforcement 
officers detained the demonstration's organizer, Bakhodir Choriev, and 
16 of his relatives at Choriev's apartment building and transported 
them by police bus to the Syrdarya provincial border where, according 
to Choriev, they were questioned for 2 to 3 hours before being driven 
back to Tashkent. Police also reportedly took Choriev's 9-year-old son 
into custody and held him at the Khamza district police station for 8 
hours. Human rights activists Yuri Konoplov and Abdujalil Baimatov 
reported that police had not allowed them to leave home, apparently in 
an effort to keep them from participating in the protest.
    On June 13, unknown persons severely beat activist Gavkhar Aripova, 
who had also planned to attend the demonstration at the SCO heads of 
state meeting. Aripova claimed that an officer of the Antiterrorism 
Department threatened to have her leg broken if she picketed the SCO 
Summit.
    On June 14, Konoplov and Baimatov attempted to hold a demonstration 
in front of the hotel where the SCO heads of state were staying. Police 
confiscated Konoplov's poster and briefly took Baimatov and six other 
activists into custody. Baimatov was kept overnight at the Khamza 
District police station.
    On September 20, police arrested Dilmurod Muhininov and Abdugafar 
Dadaboyev, activists from the human rights organization Ezgulik, in 
connection with a 2-day demonstration of market traders in Andijon. A 
judge sentenced Muhininov and Dadaboyev to 10 days administrative 
detention for disturbing the peace and organizing an unauthorized 
public gathering.
    The Constitution provides for freedom of association; however, the 
Government continued to restrict this right in practice. The 
Constitution places broad limitations on the types of groups that may 
form and requires that all organizations be registered formally with 
the Government in accordance with procedures prescribed by law. The law 
allows independent parties and permits them a wide range of 
fundraising, but also gives the Ministry of Justice broad powers to 
interfere with parties and to withhold financial and legal support to 
those opposed to the Government. There were five registered political 
parties, all controlled by the Government, and four opposition parties, 
none of which were registered at year's end (see Section 3).
    On March 1, the Ministry of Justice refused for the third time to 
register the opposition Birlik Party. In June, the Supreme Court denied 
Birlik's attempt to have the decision overturned. Also in March, the 
Ministry rejected the registration application of the opposition Free 
Farmers Party. A third opposition party, the Party of Agrarians and 
Entrepreneurs had its registration application denied in October 2003. 
Although not officially registered, Birlik and the Free Farmers Party 
backed initiative groups that attempted to nominate independent 
candidates for the December 26 legislative elections. None of these 
candidates made it onto the ballot.
    Registration of NGOs and other public associations was difficult 
and time consuming, with many opportunities for the Government to 
obstruct the process. In March 2003, the Government registered the 
country's second independent human rights group, Ezgulik. In February, 
the Ministry of Justice registered the Lawyers' Firm for Human Rights, 
which provides pro bono legal advice to indigent clients. The 
Government continued to deny registration to other human rights groups, 
such as the Human Rights Society of Uzbekistan, Mazlum, and the Mothers 
Against the Death Penalty and Torture. Although these organizations did 
not exist as legal entities, they continued to function, though with 
difficulty (see Section 4).
    On February 4, the Cabinet of Ministers passed a resolution 
regulating the foreign funding of organizations that severely impeded 
the ability of some local human rights NGOs to function. The resolution 
requires a government commission to review all outside funding before 
it is disbursed to local NGOs. Although the measure was ostensibly 
passed to fight money laundering, the commission used political 
criteria to determine which programs receive funds. Local NGOs focusing 
on human rights and democratic reform were particularly affected.
    Authorities in the Kitob Region of Kashkadarya continued to harass 
local land reform activists and their families. In their effort to 
promote land reform, the activists had run afoul of a politically 
connected collective farm manager. Two activists and several family 
members left the country, reportedly under threat from local police and 
prosecutors.
    Women's NGOs reported increased government harassment and 
monitoring following a May 25 decree requiring the organizations to 
reregister with the Ministry of Justice by November 1.
    Nonpolitical associations and social organizations usually were 
allowed to register, although complicated rules and a cumbersome 
government bureaucracy often made the process difficult.

    c. Freedom of Religion.--The Constitution provides for freedom of 
religion and for the principle of separation of church and state; 
however, in practice, the Government restricted this right.
    The law treats all religious groups equally; however, the 
Government supported the country's Muslim heritage by funding an 
Islamic university and subsidizing citizens' participation in the Hajj. 
The Government sought to promote what it considered a moderate version 
of Islam through the control and financing of the Muslim Board of 
Uzbekistan (the Muftiate), which in turn controls the Islamic 
hierarchy, the content of imams' sermons, and the volume and substance 
of published Islamic materials. A small but growing number of 
unofficial, independent mosques were allowed to operate under the watch 
of official imams.
    The law requires all religious groups and congregations to register 
and provides strict and burdensome registration criteria, including a 
requirement that each group must present a list of at least 100 citizen 
members to the local branches of the Ministry of Justice. This and 
numerous other provisions, such as a requirement that a congregation 
already have a valid legal address, enabled the Government to prohibit 
any group by finding technical grounds for denying its registration 
petition. This has had the effect of suppressing the activities of 
Muslims who sought to worship outside the system of state-sponsored 
mosques, as well as of members of unregistered Christian churches and 
other groups.
    By year's end, the Government had registered 16 new religious 
congregations, of which almost all reportedly were Islamic. There were 
2,169 registered religious congregations and groups, of which 1,984 
were Muslim. Local authorities continued to block the registration or 
reregistration of evangelical Christian congregations in Tashkent, 
Samarkand, Guliston, Gazalkent, Andijon, and Nukus. Jehovah's Witnesses 
in Tashkent were unable to obtain registration; out of the 11 Jehovah's 
Witnesses' churches in the country, only those in Chirchik and Fergana 
were registered. Police routinely questioned, searched and arbitrarily 
fined individual members of Jehovah's Witnesses throughout the country. 
According to the Internet news bulletin Forum 18, police in Uchkuduk 
and Kagan briefly detained and beat Jehovah's Witnesses in separate 
incidents on June 17 and July 1.
    Any religious service conducted by an unregistered religious 
organization is illegal. Police occasionally broke up meetings of 
unregistered groups and, according to news reports, members of some 
Christian evangelical congregations were detained during the year and, 
in at least one case in July, beaten by authorities. Religious groups 
are prohibited from forming political parties and social movements (see 
Section 2.b.).
    The scarcity of independent media and the absence of a centrally 
located and readily accessible register of court cases made it 
difficult to determine how many persons were incarcerated for religious 
reasons. Almost all of those arrested were tried for anticonstitutional 
activity and participating in ``religious extremist, separatist, 
fundamentalist or other banned organizations,'' a charge that 
encompasses both political and religious extremism. The overwhelming 
majority of those arrested were suspected members of Hizb ut-Tahrir, an 
extremist political movement. The Government also arrested members of 
``Tabliq,'' an Islamic group with origins in South Asia, as well as 
others the Government broadly labeled Wahhabi.
    Individuals arrested on suspicion of extremism often faced severe 
mistreatment, including torture, beatings, and particularly harsh 
prison conditions and were typically sentenced to between 7 and 12 
years in jail (see Sections 1.c. and 1.d.). Prison authorities 
reportedly did not allow many prisoners suspected of Islamic extremism 
to practice their religion freely and, in some circumstances, did not 
allow them to own a Koran. Prison routines often did not permit inmates 
to pray five times a day, and work and eating schedules were often not 
adjusted to account for the Ramadan fast. Authorities reportedly 
punished inmates who attempted to fulfill their religious obligations 
against prison rules or who protested the rules themselves with 
solitary confinement and beatings.
    Police detained women demonstrating for the release of male family 
members arrested on suspicion of belonging to extremist Islamist 
political oups, although in fewer numbers than in previous years (see 
Section 2.b.).
    The Government did not consider repression of these groups to be a 
matter of religious freedom but, rather, to be directed against those 
who allegedly advocated overthrowing the Government. However, the 
Government's campaign against suspected Islamic extremists had 
repercussions in the wider Muslim community. Authorities, often acting 
on information provided by mahalla committees, remained highly 
suspicious of more religiously observant persons, including frequent 
mosque attendees, bearded men, and veiled women. In practice, this 
approach resulted in the Government abusing observant Muslims for their 
religious beliefs.
    The law prohibits proselytizing and severely restricts activities 
such as the import and dissemination of religious literature. 
Christians who tried to convert Muslims or who had among their 
congregations members of traditionally Muslim ethnic groups often faced 
official harassment, legal action, or, in some cases, mistreatment.
    The teaching of religion in schools and to minors without their 
parents' permission is prohibited. The Government continued a small 
religious education pilot program in elementary schools and, in a very 
limited number of schools, there was instruction on Islam and Arabic 
several times a week.
    The Government required that a religious censor approve all 
religious literature and controlled the publication, import, and 
distribution of religious literature. The Government discouraged and 
occasionally blocked the production or import of Christian literature 
in the Uzbek language, although Bibles in many other languages were 
available in Tashkent bookstores. The Muftiate sporadically issued an 
updated list of all officially sanctioned Islamic literature. 
Possession of literature deemed extremist could lead to arrest and 
prosecution. Religious literature imported illegally was subject to 
confiscation and destruction. The Government controlled the content of 
imams' sermons and the substance of published Islamic materials.
    The Government's harsh treatment of suspected extremist Islamic 
political groups tended to suppress outward expressions of religious 
piety. While many young men attended Friday prayers, hardly any were 
bearded. The law prohibits the wearing of ``cult robes'' in public 
except by those serving in religious organizations; however, this 
provision did not appear to have been enforced during the year. 
Following the March-April terrorist attacks, administrators in some 
schools pressured female students not to wear the hijab, or headscarf 
many Muslims associate with female modesty, as did local authorities in 
at least two mahallas in Karshi. There were reports from a credible 
source that some female students were suspended from Tashkent's 
Pedagogical University for wearing the hijab. Nevertheless, women were 
seen wearing the hijab in public.
    There was no pattern of discrimination against Jews. Synagogues 
functioned openly and Hebrew education, Jewish cultural events, and the 
publication of a community newspaper took place undisturbed. The 
prohibited extremist political movement Hizb ut-Tahrir distributed anti 
Semitic fliers, the text of which generally originated abroad; however, 
observers did not believe such fliers represented the feelings of the 
vast majority of the country's population.
    There were reports of discrimination against Muslims who converted 
to Christianity. The Uzbek Pastor of the Full Gospel Pentecostal Church 
in Andijan reported that local officials harassed him and his family in 
connection to the Pastor's conversion to Christianity.
    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 free 
movement within the country and across its borders; however, the 
Government severely limited this right in practice. Permission from 
local authorities was required to move to a new city. The Government 
rarely granted permission to move to Tashkent, and local observers 
reported that persons had to pay bribes of up to a $100 (100,000 soum) 
to obtain the registration documents required to move.
    The Government required citizens to obtain exit visas for foreign 
travel or emigration, and while it generally granted these routinely, 
local officials often demanded a small bribe. During the year, at least 
four human rights activists experienced difficulties obtaining exit 
visas. While authorities eventually gave the activists visas, their 
delay prevented two of them from participating in a conference in 
Almaty. Authorities did not require an exit visa for travel to most 
countries of the former Soviet Union; however, the Government severely 
restricted the ability of its citizens to travel overland to 
neighboring Kazakhstan, the Kyrgyz Republic, and Turkmenistan and 
restricted and significantly delayed citizens attempting to cross the 
border to Tajikistan. Authorities closed the border with Afghanistan to 
ordinary citizens.
    Foreigners with valid visas generally could move within the country 
without restriction; however, visitors required special permission to 
travel to certain areas, such as Termez, in Surkhandarya Province on 
the Afghan border.
    Neither the Constitution nor the law explicitly prohibits forced 
exile, and the Government did not employ it. At year's end, the leaders 
of the Erk and Birlik opposition parties and the de facto leader of the 
newly formed Free Farmer's Party remained in voluntary exile (see 
Section 3). At year's end, the chairman of the Human Rights Society of 
Uzbekistan (HRSU) remained in voluntary exile (see Section 4).
    The law does not provide for dual citizenship; those acquiring 
another citizenship lose Uzbek citizenship. In practice, the burden was 
on returning individuals to prove to authorities that they did not 
acquire foreign citizenship while abroad.
    There is no law that provides for the granting of asylum or refugee 
status to persons who meet the definition in the 1951 Geneva Convention 
Relating to the Status of Refugees or its 1967 Protocol. In practice, 
the Government provided some protection against refoulement, the return 
of persons to a country where they feared persecution; however, it 
forcibly returned some persons to a country where they feared 
persecution and did not grant asylum. In 1999, the Government agreed 
that it would not force persons given refugee status by the U.N. High 
Commissioner for Refugees (UNHCR) to leave the country. Unlike in 
previous years, none was forcibly returned; however, the Government 
initiated deportation proceedings against one mandate refugee, who 
remained in the country at year's end. Although it does not formally 
recognize asylum or refugee status, the Government in practice 
cooperated with the UNHCR in allowing it to provide assistance to 
refugees and asylum seekers.
    There were no official statistics, but observers, including the 
UNHCR, estimated that there were 6,000 to 7,000 Afghans resident in the 
country, 2,500 of whom the UNHCR recognized and registered as refugees. 
Afghans comprised almost all of the UNHCR's refugee caseload. Although 
the Government in general tolerated the presence of Afghan refugees, 
they faced protection problems. The UNHCR reported that 37 Afghans were 
detained over the course of the year, of whom all but one were released 
after the UNHCR intervened. The one who was not released remained in 
the country, pending deportation. The UNHCR reported that Afghan 
refugees had no access to the legal labor force and therefore had 
limited means to earn a livelihood. The UNHCR reported that police 
rarely harassed mandated refugees.
    The UNHCR estimated that there were 39,000 Tajik refugees in the 
country. The Government considered asylum seekers from Tajikistan and 
Afghanistan to be economic migrants and subjected them to harassment 
and bribe demands when seeking to regularize their status. Such persons 
could be deported if their residency documents were not in order. The 
overwhelming majority of the Tajik refugees were ethnic Uzbeks; unlike 
their Afghan counterparts, the Tajiks were able to integrate into and 
were supported by the local population. Although most Tajik refugees 
did not face societal discrimination, a great number of them only 
carried their old Soviet Union passports and, under Uzbek and Tajik 
law, faced the possibility of becoming officially stateless.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The Constitution provides citizens with the right to change their 
government; however, in practice, citizens could not change their 
government through peaceful and democratic means. The Government 
severely restricted freedom of expression and repressed opposition 
groups and individuals (see Sections 1.c., 1.d., and 2.a.). The 
Government is highly centralized and is ruled by President Karimov and 
the executive branch through sweeping decree powers, primary authority 
for drafting legislation, and control of government appointments, most 
of the economy, and the security forces. The Constitution establishes 
the Supreme Assembly as the highest government body; however, its main 
function was to confirm laws and other decisions drafted by the 
executive branch.
    President Karimov was reelected in 2000 to a second term. The OSCE 
declined to monitor the presidential election on the grounds that the 
preconditions did not exist for it to be free and fair. A 2002 
referendum, which multilateral organizations and foreign embassies 
refused to observe, extended the term of the presidency from 5 to 7 
years. On December 26, elections were held for representatives to the 
lower chamber of the Supreme Assembly; an OSCE limited observer mission 
concluded the election fell significantly short of international 
standards for democratic elections.
    Five registered government-controlled political parties held the 
majority of seats in the newly elected Supreme Assembly; the remainder 
consisted of nominally independent politicians tied to progovernment 
parties. These parties, created with government assistance and loyal to 
President Karimov, were the only ones permitted to participate in the 
parliamentary elections, which did not represent a real choice for 
voters. Many government officials were members of the People's 
Democratic Party of Uzbekistan, the country's largest party. The party 
did not appear to play a significant role in the Government. A fifth 
progovernment party, the Liberal Democratic Party of Uzbekistan was 
registered in December 2003, but did not distinguish itself from the 
other progovernment parties.
    The law makes it extremely difficult for opposition parties to 
organize, nominate candidates, and campaign. On February 18, the 
Government amended the law to require 20,000 signatures on any 
application to register a new party; previously, only 5,000 signatures 
were needed. The procedures to register a candidate are burdensome and 
the Central Election Commission (CEC) may deny registration. A 
presidential candidate must present a list of 700,000 signatures in 
order to register and is prohibited from campaigning without 
registration. The CEC may deny registration of presidential candidates 
if it finds they would ``harm the health and morality of the people.'' 
Parties and candidates that are denied registration do not have the 
right to appeal the CEC decision to the courts. The law allows the 
Ministry of Justice to suspend parties for up to 6 months without a 
court order.
    In addition to registered political parties, citizen initiative 
groups with 300 or more members may nominate Supreme Assembly 
candidates by submitting signatures of at least 8 percent of the voters 
in an election district. Except for registered political parties or 
initiative groups, organizations were prohibited from campaigning, and 
candidates were allowed to meet with voters only in forums organized by 
precinct election commissions. The spring session of the Supreme 
Assembly adopted a law mandating government funding for all registered 
political parties and registered candidates. Only the CEC may prepare 
and release presidential campaign posters.
    The law prohibits judges, public prosecutors, NSS officials, 
servicemen, foreign citizens, and stateless persons from joining 
political parties. The law prohibits formation of parties based on 
religion or ethnicity; those that oppose the sovereignty, integrity, 
and security of the country and the constitutional rights and freedoms 
of citizens; or those that promote war, or social, national, or 
religious hostility. Political organizations that seek to overthrow the 
Government or incite national or racial hatred are prohibited.
    The Government frequently harassed members of unregistered 
political organizations (see Section 2.b.). On March 1, the Ministry of 
Justice rejected the registration papers of the Birlik opposition 
political party; the Ministry's decision followed unsuccessful attempts 
by Birlik to register in September and November 2003. In June, the 
Supreme Court upheld the Ministry's decision not to register Birlik. 
The party also faced renewed harassment, in contrast to 2003, when its 
members were able to hold regional and national congresses and to 
gather signatures without substantial interference. According to party 
activists and human rights workers from several regions, supporters of 
Birlik who signed registration petitions were pressured by local 
authorities in February and March to disavow their signatures. Reports 
of intimidation were reported in Andijon, Khiva, Khorezm, Syrdarya, and 
Tashkent Region, but the most severe harassment appears to have taken 
place in Jizzak. On March 1, local authorities in Jizzak attempted to 
have a member of Birlik's national committee declared mentally 
incompetent (see section 1.c). On March 24, a local court sentenced the 
head of the party's regional branch in Jizzak, Muidinjon Kurbanov, to 3 
years in prison on what many observers characterized as trumped-up 
charges of weapons and narcotics possession; Kurbonov's sentence was 
reduced to a fine on appeal, and he was released (see Sections 1.d and 
1.e.). Despite these pressures, Birlik remained active and supported 
initiative groups in all regions of the country; none, however, made it 
onto the ballot.
    In March, the Ministry of Justice rejected the registration 
application of the opposition Free Farmers Party. The Free Farmers 
Party did not appeal the decision or resubmit its application; however, 
it supported initiative groups in the run-up to the December 26 Supreme 
Assembly elections. As with Birlik, none of the independent candidates 
supported by the Free Farmers Party were permitted to compete in the 
election.
    The Government continued to harass members of the unregistered 
opposition party Erk, which split into three factions and became much 
less active since mid 2003; however, the harassment was not as severe 
as in previous years, when authorities reportedly detained and 
subjected several Erk members to physical mistreatment, including 
torture.
    The leaders of three of the four unregistered opposition political 
parties--Mohammed Solikh of Erk, Abdurakhim Polat of Birlik, and Babur 
Malikov of the Free Farmers Party--remained in voluntary exile.
    There was a widespread public perception of corruption in the 
executive branch. There were no specific reports of corruption in the 
Supreme Assembly, which had little real power and did not distribute 
patronage.
    The Constitution states that all government agencies must provide 
citizens with the opportunity to examine documents, decisions, and 
other materials affecting their freedoms; however, the Government 
seldom respected these rights. The public generally did not have access 
to Government information, and information normally considered in the 
public domain, such as prosecutions for corruption or official 
malfeasance, were seldom reported. In June, the NGO Article 19 Global 
Campaign for Free Expression released an analysis of the country's 
secrecy and freedom of information laws, which concluded that the types 
of information that can be considered classified, and thus protected by 
the state, were so broad as to include virtually all information.
    There were 21 women in the newly elected 120-member lower chamber 
of the Supreme Assembly. There was 1 woman in the 28-member Cabinet, 
who held the rank of Deputy Prime Minister and was Chief of the Complex 
of Social Protection of the Family, Maternity, and Childhood, a 
committee charged specifically with women's issues.
    Statistics on the ethnic composition of the newly elected lower 
chamber have not been compiled.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    A number of domestic human rights groups operated in the country; 
however, fear of official retaliation made some groups hesitant to 
criticize the Government. Registered groups included the Independent 
Human Rights Society of Uzbekistan, Ezgulik, which is affiliated with 
the opposition political party Birlik, the Committee for Protection of 
Individual Rights, and the LAS. The LAS provided pro bono legal advise 
to the indigent and represented human rights clients that other firms 
were hesitant to defend.
    Other human rights groups, such as the HRSU, the Erk-affiliated 
Mazlum, and the Mothers Against the Death Penalty and Torture were 
unable to register, but continued to function (see Section 2.b.). 
However, the groups had difficulty renting offices or conducting 
financial transactions and could not open bank accounts, making it 
difficult to receive funds from abroad. Unregistered groups encountered 
more difficulties with authorities than registered NGOs and also had 
difficulty finding venues for public events.
    In a series of initiatives sponsored by the international human 
rights NGO Freedom House, members of the police, Prison Directorate, 
and Security Services met regularly with human rights activists in 
Tashkent and areas of the Fergana Valley. Officers in the MVD 
Investigations Directorate were particularly active in opening a 
dialogue with human rights activists. Human rights workers who 
participated in the events reported increased cooperation with local 
officials, which resulted in better access to prison inmates and less 
official harassment.
    Police and security forces continued to harass domestic human 
rights activists, though, according so some, with considerably less 
frequency than in previous years. There were fewer reported cases of 
beatings, with the notable exceptions that took place in the weeks 
prior to the SCO Summit in June (see Section 1.c.). Unlike in previous 
years, no human rights activists were arrested and convicted of 
criminal offenses, though two activists were given administrative 
sentences of 10 days, and several were detained briefly and released in 
connection with their protest activities (see section 2.b). Although 
direct harassment of activists may have abated, several reported 
continuing pressure on their families. During the year, four activists 
briefly experienced difficulty obtaining exit visas (see Section 2.d.).
    Although individual human rights activists experienced less 
personal harassment, the Government increased pressure on their 
organizations. The February 4 ``banking decree,'' though ostensibly 
designed to combat money laundering, has been selectively enforced to 
keep both registered and unregistered NGOs involved in human rights or 
political work from receiving outside funding. While some NGOs have 
continued to function, the banking decree has severely impeded the 
ability of others to function. The Government particularly targeted the 
LAS and Mothers Against the Death Penalty and Torture, as well as 
several regional branches of other human rights organizations. NGOs 
focusing on women's rights have also come under increased pressure, 
with many representatives reporting increased Government harassment and 
monitoring following a May 25 decree that required all such 
organizations to reregister by November 1.
    On September 3, the Ministry of Justice initiated court proceedings 
against Internews Uzbekistan, a local NGO working to enhance the 
capacity of the independent media. The Ministry contended that the NGO 
had violated a number of regulations governing its charter, including 
not properly registering its logo and letterhead, not informing the 
Ministry of changes to its staff, and calling the NGO's local chief of 
operations ``Director'' rather than ``Director General.'' Internews 
Uzbekistan's attorney argued that the NGO had taken immediate steps to 
correct all the problems cited by the Ministry. On September 14, the 
Tashkent City Administrative Court suspended the NGO's operations for 6 
months. In September, the Ministry attempted to conduct an open-ended 
audit of the representative office of Internews Uzbekistan's parent 
organization, Internews Network. At year's end, Internews Network was 
permitted to continue operations, but its bank account was frozen, 
severely hampering its ability to operate.
    The Government subjected international human rights NGOs to 
additional scrutiny, but generally did not obstruct their work. The 
Ministry of Justice publicly criticized HRW, which maintained an office 
in the country, and Freedom House, which had an office in Tashkent and 
a branch office in the Fergana Valley. In addition to its traditional 
work training human rights defenders, Freedom House continued its 
efforts to sponsor a dialogue between representatives of civil society 
and officials from the police and security forces. The American Bar 
Association Central European and Eurasian Law Initiative (ABA/CEELI) 
operated human rights clinics at government-run law institutes and 
supported public defender centers in several cities; however, a 
committee enforcing the ``banking decree'' refused to allow the release 
of grant money for the Lawyers' Firm For Human Rights, an ABA/CEELI-
supported project in Tashkent. Members of the MVD, procuracy, and 
Association of Judges participated in NGO training designed to increase 
cooperation with defense advocates, promote judicial ethics, and inform 
suspects of their rights.
    International NGOs involved in promoting media freedom, expanding 
civil society, and fostering political party development generally had 
more difficulty operating than did NGOs that focused on human rights 
abuses such as torture. On April 14, the Ministry of Justice refused to 
reregister the OSI, effectively terminating the NGO's operations in the 
country. The Ministry alleged that OSI had engaged in subversive 
activities, such as supplying teaching materials designed to discredit 
government policies. In 2003, OSI was the country's largest private 
donor, providing $3.7 million in assistance to promote economic, public 
health, and educational reform.
    In May, the Ministry of Justice publicly criticized the National 
Democratic Institute and International Republican Institute for their 
work with unregistered political parties. The Government refused for a 
second year to renew the registration of International War and Peace 
Reporting (IWPR), a London-based NGO dedicated to the training and 
protection of journalists in areas of conflict, on the grounds that it 
was engaging in journalism rather than training; however, IWPR 
continued to work with local and international journalists to produce 
critical stories about the country's politics, judicial system, and 
human rights practices.
    In late 2003, the Government required a number of international 
NGOs to reregister with the Ministry of Justice, rather than with the 
Ministry of Foreign Affairs, as they had previously. At the same time, 
the Ministry of Justice attempted to enforce burdensome new reporting 
and coordination requirements that would, if fully implemented, make it 
difficult for NGOs to work effectively; however, international NGOs 
generally were able to continue operating. The ``banking decree'' also 
impeded the ability of international NGOs to work with their local 
partners.
    The Government increasingly was willing to work with international 
governmental organizations such as the OSCE, which worked on prison 
reform and combating trafficking in persons, as well as with foreign 
embassies, the ICRC, and UNHCR.
    A human rights Ombudsman's office affiliated with the Supreme 
Assembly may make recommendations to modify or uphold decisions of 
government agencies, but its recommendations are not binding. The 
Ombudsman is prohibited from investigating disputes within the purview 
of courts. The Ombudsman has eight regional offices outside Tashkent. 
During the year, the Ombudsman's office handled hundreds of cases, a 
large majority of which dealt with abuse of power and various labor and 
social welfare issues. The Ombudsman published reports identifying the 
most serious violations of human rights by government officials; the 
majority of these involved procedural violations and claims of abuse of 
power by police and local officials. Most of the successfully resolved 
cases appeared to have been relatively minor.
    The National Human Rights Center is a government agency responsible 
for educating the population and officials on the principles of human 
rights and democracy and for ensuring the Government complies with its 
international obligations to provide human rights information. In the 
view of many observers, the center was neither independent nor 
effective.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The law prohibits discrimination on the basis of sex, language, or 
social status; however, societal discrimination against women 
persisted.

    Women.--The law does not specifically prohibit domestic violence, 
and such violence remained a common problem. Wife beating was 
considered a personal family affair rather than a criminal act; such 
cases were usually handled by family members or elders within the 
mahalla and rarely came to court. Local authorities emphasized 
reconciling husband and wife, rather than addressing the abuse. While 
the law punishes physical assault, police often discouraged women from 
making complaints against abusive husbands, and abusers were rarely 
taken from home or jailed. A 2002 HRW report on mahalla committees 
concluded that although the committees play no formal role in divorce 
proceedings, in practice, women frequently were unable to obtain a 
divorce without the committee's approval, which was seldom granted even 
in cases of obvious abuse.
    Most NGOs working on domestic violence problems reported that local 
government cooperation on education programs increased, with a number 
of initiatives taken to increase cooperation with mahalla committees. 
Some police participated in NGO training.
    The law prohibits rape. Marital rape appears to be implicitly 
prohibited under the law, however, there are no cases known to have 
been tried in court. Cultural norms discouraged women and their 
families from speaking openly about rape.
    In parts of the country, some women and girls committed suicide by 
self-immolation. Most cases went unreported and there were no reliable 
statistics on the problem's extent. Observers cited conflict with a 
husband or mother in law, who by tradition exercised complete control 
over a young bride, as the usual stimulus for suicide. The NGO Umid in 
Samarkand ran a shelter for victims of self-immolation and reported 
varying degrees of cooperation from individual officials, mahalla 
committees, and local governments.
    The law prohibits prostitution; however, it was an increasing 
problem. There were more members of ethnic minorities were engaged in 
prostitution. Police enforced the laws against prostitution unevenly; 
some police officers used the threat of prosecution and other forms of 
harassment to extort money from prostitutes.
    Trafficking in women for sexual exploitation remained a problem 
(see Section 5, Trafficking).
    The law does not prohibit sexual harassment. Social norms and the 
lack of legal recourse made it difficult to assess the scope of the 
problem.
    The law prohibits discrimination against women; however, 
traditional, cultural, and religious practices limited their role in 
society, and women were severely underrepresented in high-level 
positions and in the industrial sector. A deputy prime minister at the 
cabinet level was charged with furthering the role of women in society 
and also was head of the National Women's Committee; however, this 
committee was widely viewed as ineffective, and at times it obstructed 
the work of NGOs promoting women's rights.
    Several dozen NGOs addressed the needs of women. NGOs in Tashkent, 
Termez, Samarkand, Bukhara, and Fergana conducted seminars on sexual 
harassment, domestic violence, and the legal rights of women. Another 
NGO in Tashkent operated a hotline for women involved in prostitution. 
A center in Samarkand operated a crisis hotline and provided 
educational services on alcoholism, sexually transmitted diseases, and 
family counseling. ABA/CEELI's Citizen Rights Advocacy Network operated 
programs in the Fergana region that focused on protecting women's legal 
rights. A women's group in Surkhandarya worked with women with 
disabilities and promoted their rights. Another organization, Women's 
Integrated Legal Literacy, provided legal literacy training, small 
grants for women's NGOs, cultural events to educate women on their 
rights, and advocacy on women's issues.

    Children.--The Government was generally committed to children's 
rights and welfare; however, it did not adequately fund public 
education and health care. Following Soviet-era practice, the 
Government granted small allowances to families based on their number 
of children.
    The Constitution provides for children's rights and for free 
compulsory education through secondary school; however, in practice, 
shortages and budget difficulties meant that many education expenses 
had to be paid by private individuals. Despite a small salary increase 
in September, teachers earned extremely low salaries and routinely 
demanded regular payments from students and their parents.
    Twelve years of formal schooling are compulsory, and the average 
length of schooling is more than 11 years. According to government 
statistics, 98.1 percent of children completed secondary school. 
However, anecdotal evidence indicated that children increasingly 
dropped out of high and middle schools as economic circumstances 
continued to deteriorate. According to a regional study conducted by 
the OSI in 2002, the country's formerly near universal literacy rate 
was declining as school enrollment rates dropped.
    The Government subsidizes health care, including for children, and 
boys and girls enjoyed equal access. Low wages for doctors and poor 
funding of the health sector have led to a widespread system of 
informal payments for services that can be a barrier to access for the 
poor. Also, those who are not officially registered at an address, such 
as street children and children of migrant workers, do not have access 
to government health facilities.
    Child abuse was a problem. Child abuse was generally considered an 
internal family matter, although elders on mahalla committees 
frequently took an interest at the local level. There were no 
government-led campaigns against child abuse, although efforts against 
trafficking involved the protection of underage victims.
    There were reports that girls were trafficked from the country for 
the purpose of sexual exploitation and that girls were engaged in 
prostitution (see Section 5, Trafficking). During the harvest, some 
school children, particularly in rural areas, were forced to work in 
the cotton fields (see Section 6.d.).

    Trafficking in Persons.--The law prohibits trafficking in persons; 
however, trafficking in women and girls from the country for the 
purpose of sexual exploitation was a problem. A few NGOs reported that 
some local officials were involved in trafficking on a limited basis.
    The law prohibits all forms of trafficking and provides for prison 
sentences of 5 to 8 years for international trafficking. Recruitment 
for trafficking is punishable by imprisonment for 6 months to 3 years 
and fines of up to approximately $900 (900,000 soum). The recruitment 
charge may be brought against international or domestic traffickers. 
All law enforcement agencies are charged with upholding the 
antitrafficking provisions of the criminal code. During the year, law 
enforcement authorities reported that they initiated criminal 
proceedings in over 200 cases and convicted over 300 suspects.
    The Government took significant measures to combat trafficking, 
including establishing a specialized antitrafficking unit in the MVD, 
actively cooperating with NGOs and the OSCE on antitrafficking training 
for law enforcement and consular officials, and working with NGOs to 
produce effective public awareness campaigns. In addition, the 
Government, in cooperation with NGOs and international organizations, 
continued to train law enforcement and mahalla officials in identifying 
and protecting victims of trafficking.
    The country was primarily a source for the trafficking of women and 
girls for the purpose of sexual exploitation. However, there were also 
reports of men being trafficked to illegal labor markets in Kazakhstan 
and Russia, mainly in the construction, agricultural, and service 
sectors. There were no reliable statistics on the problem, and it did 
not appear to be widespread; however, anecdotal reports from NGOs 
indicated that the number of young women from the country who were 
trafficked abroad was increasing. Many women were unwilling to come 
forward due to societal pressure and fear of retaliation from their 
traffickers. There were credible reports that women traveled to the 
United Arab Emirates, Kuwait, Bahrain, India, Israel, Georgia, 
Malaysia, South Korea, Thailand, Turkey, Japan, and Western Europe for 
the purpose of prostitution; some of them reportedly were trafficking 
victims. Some transit of trafficked persons may also have taken place 
from neighboring countries and to or from countries for which the 
country was a transportation hub (Thailand, Malaysia, Indonesia, India, 
Korea, and the UAE).
    Traffickers in nightclubs or prostitution rings solicited women 
between the ages of 17 and 30, many of whom previously engaged in 
prostitution. In large cities such as Tashkent and Samarkand, newspaper 
advertisements for marriage and work opportunities abroad were 
connected to traffickers. Travel agencies promising tour packages and 
work in Turkey, Thailand, and the UAE were also used for solicitation. 
There were reports that in some cases traffickers recruited women with 
fraudulent job offers abroad, including as dancers or waitresses in 
nightclubs or restaurants and, in at least one case, confiscated travel 
documents once the women reached the destination country.
    Recruiters tended to live in the same neighborhood as the potential 
victim and may even have known the victim's family. These recruiters 
introduced future victims to the actual traffickers, who provided 
airline tickets, visas, and instructions about meeting a contact in the 
destination country.
    Some local officials working at the MVD, Customs, and Border Guards 
reportedly accepted bribes in return for ignoring their instructions to 
deny exit to young women they believe to be traveling abroad to work as 
prostitutes. Local sources claimed that officials were involved in 
document fraud and accepted bribes from persons attempting to travel 
illegally or from the traffickers themselves. According to information 
provided by the MVD, at least one official was fired for selling 
documents and preparing fraudulent exit visas in 2003 and was 
reportedly under investigation for his activities at year's end. One 
NGO reported that some local officials helped women, some of whom may 
have been trafficked, obtain false passports to travel to Dubai to work 
as exotic dancers or prostitutes.
    During the year, the Government, through its embassy in Baku, 
assisted the return of 2 of 14 Uzbek trafficking victims located in 
Georgia. The International Organization for Migration (IOM) reported 
that police, consular officials, and border guards began to notify it 
of women returning from abroad who appeared to be trafficking victims. 
The IOM was also allowed to assist groups of women returning from 
abroad at the airport, help them through entry processing, and 
participate in the preliminary statements that the victims gave to the 
MVD.
    In January, the IOM and its local partners set up seven trafficking 
hotlines across the country. The OSCE Tashkent office cooperated with 
foreign embassies, NGOs, and the Government to hold training seminars 
for law enforcement, including officers from the NSS, MVD, Ministry of 
Foreign Affairs, the Customs Service, Border Guards, and the General 
Prosecutor's Office. It also provided training for several 
antitrafficking NGOs, organized roundtables to discuss projects, and 
provided small grant funding to NGOs. The OSCE helped form a working 
group of representatives from the MOJ, MVC, NSS, and the prosecutors 
office to coordinate antitrafficking work among government agencies.
    Government-controlled newspapers carried a number of targeted 
articles on trafficked women and prostitution; however, the same 
publications also carried advertisements soliciting women's 
participation in such schemes. Government radio continued a weekly 
call-in program for women who were involved in the sex trade. 
Government-owned television stations worked with local NGOs to 
broadcast antitrafficking messages and to publicize the regional NGO 
hotlines that counseled actual and potential victims. The Government 
worked with NGOs to place posters on trafficking hazards on public 
buses and in passport offices and consular offices abroad.

    Persons With Disabilities.--There was some societal discrimination 
against persons with disabilities, and children with disabilities were 
generally segregated into separate schools. The Government cared for 
persons with mental disabilities in special homes. The law does not 
mandate access to public places for persons with disabilities; however, 
there was some wheelchair access throughout the country. The law does 
not provide extensive safeguards against arbitrary involuntary 
institutionalization.

    National/Racial/Ethnic Minorities.--The population was mainly 
Uzbek, with significant numbers of Russians, Tajiks, Tatars, and 
Kazakhs as well as ethnic Koreans, Meskhetian Turks, Germans, and 
Greeks.
    Russians and other minorities frequently complained about limited 
job opportunities. Senior positions in the government bureaucracy and 
business generally were reserved for ethnic Uzbeks, although there were 
numerous exceptions.
    The law does not require a language to obtain citizenship; however, 
language remained a sensitive issue. Uzbek is the state language, and 
the Constitution requires that the President speak Uzbek; however, the 
law provides that Russian is ``the language of interethnic 
communication.'' Russian was spoken widely in the main cities, and 
Tajik was spoken widely in Samarkand and Bukhara.
Section 6. Worker Rights
    a. The Right of Association.--The law provides workers the right to 
form and join unions of their choice; however, workers were unable to 
exercise this right in practice. The law declares unions independent of 
governmental administrative and economic bodies (except where provided 
for by other laws); however, in practice, unions remained centralized 
and dependent on the Government. There were no independent unions.
    The law prohibits discrimination against union members and 
officers; however, this prohibition was irrelevant due to unions' close 
relationship with the Government.

    b. The Right to Organize and Bargain Collectively.--Unions and 
their leaders were not free to conduct their activities without 
interference from the Government. The law provides the right to 
organize and to bargain collectively; however, the Government did not 
respect these rights in practice. Unions were government-organized 
institutions that had little power, although they did have some 
influence on health and work safety issues.
    The law states that unions may conclude agreements with 
enterprises; however, because unions are heavily influenced by the 
state, collective bargaining in any meaningful sense did not occur. The 
Ministry of Labor and the Ministry of Finance, in consultation with the 
CFTU, set wages for government employees. In the small private sector, 
management established wages or negotiated them individually with 
persons who contracted for employment.
    The law does not mention strikes or cite a right to strike, and 
there were no strikes during the year.
    There are no export processing zones.

    c. Prohibition of Forced or Compulsory Labor.--The Constitution 
prohibits forced or compulsory labor, including by children, except as 
legal punishment or as specified by law; however, there were reports 
that such practices occurred (see Sections 5, Trafficking and 6.d.).

    d. Prohibition of Child Labor and Minimum Age for Employment.--The 
law establishes 14 as the minimum working age. Work must not interfere 
with the studies of those under 18. Children between the ages of 14 and 
16 may work a maximum of 20 hours per week when school is not in 
session and 10 hours per week when school is in session. Children 
between the ages of 16 and 18 may work 30 hours per week while school 
is not is in session and 15 hours per week while school is in session. 
In rural areas, younger children often helped to harvest cotton and 
other crops.
    The large-scale compulsory mobilization of youth and students to 
help in the fall cotton harvest continued in most rural areas. Such 
labor was paid poorly. There were occasional reports from human rights 
activists that local officials in some areas pressured teachers into 
releasing students from class to help in the harvest. In many areas, 
schools closed for the harvest. UNICEF in 2000 estimated that 22.6 
percent of children ages 5 to 14 worked at least part time, primarily 
in family-organized cotton harvesting.
    Prosecutors and the Ministry of Labor were responsible for 
enforcing child labor laws. The Ministry had inspectors to report 
violations to the prosecutor's office. The law provides both criminal 
and administrative sanctions against violators; however, authorities 
did not punish violations related to the cotton harvest. There were no 
reports of inspections resulting in prosecutions or administrative 
sanctions.

    e. Acceptable Conditions of Work.--The Ministry of Labor, in 
consultation with the CFTU, sets the minimum wage. At year's end, the 
minimum wage was approximately $6.53 (6,530 soum) per month, which did 
not provide a decent standard of living for a worker and family.
    The law establishes a standard workweek of 41 hours and requires a 
24-hour rest period. Overtime pay exists in theory but was not usually 
paid in practice. Payment arrears of 4 to 6 months were not uncommon 
for workers in state-owned industries, including government office 
workers and officials.
    The Labor Ministry established and enforced occupational health and 
safety standards in consultation with the unions. The press 
occasionally published complaints over the failure of unions and the 
Government to promote worker safety. While regulations provide for 
safeguards, workers in hazardous jobs often lacked protective clothing 
and equipment. Workers have the right to remove themselves from 
hazardous work without jeopardizing their employment; however, the 
right was not effectively enforced, and few workers, if any, attempted 
to exercise it.

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